NS-3084 - Group Homes and Land Use Definitions

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Group homes with seven or more occupants that are in existence upon the effective date of this Article may continue to operate subject to the following: (a) The operator obtains an Operator's Permit pursuant to Section 8-3600 et seq., within 120 days from the effective date of this Article; and (b) The group home is in full compliance with all conditions of this chapter, including obtaining a conditional use permit, within one year from the effective date of this Article. Notwithstanding the foregoing, an existing group home subject to this Section obligated by a written lease exceeding one year from the effective date of the chapter, or whose activity involves investment of money in leasehold or improvements such that a longer period is necessary to prevent undue financial hardship, are eligible for up to one additional year of grace period pursuant to approval by the Planning and Building Agency Executive Director or designee. Sec. 41-2406. - Conflict. If this Article conflicts with any other provision of this Code, this Article shall prevail. Sec. 41-2407. - Severability. Should any section, subsection, clause, or provision of this Article for any reason be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Article; it being hereby expressly declared that this Ordinance, and each section, subsection, sentence, clause and phrase hereof would have been prepared, proposed, approved and ratified irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. This Article shall be prospective in application from its effective date Section 28. Article XXIII of Chapter 8 of the SAMC is hereby added to read as follows: Article XXIII. - GROUP HOMES Sec. 8-3600. - Operator's Permit Required. It is unlawful for any person to operate, or to permit any person to operate a group home with seven (7) or more occupants on any property located in the city without a valid permit issued for that group home pursuant to the provision of this Article. (a) Each group home operator shall obtain an Operator's Permit specific to the operator. (b) A copy of the Operator's Permit shall be kept at the group home at all times and be made available to any City official upon request. (c) An Operator's Permit is valid for one (1) year from the date of issuance, unless sooner revoked. No permit granted herein shall confer any vested right to any person or business. Ordinance No. NS-3084 Page 23 of 27