BILL NO

BILL NO. 0308 ORDINANCE NO. 05-06

AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI, IN TITLE IV: LAND USE, CHAPTER 405: GENERAL PROVISIONS, SECTION 405.040: DEFINITIONS BY ADDING A NEW DEFINITION FOR GROUP HOME AND AMENDING THE MUNICIPAL CODE OF THE CITY OF CLARKSON VALLEY, MISSOURI IN TITLE IV: LAND USE, CHAPTER 405: GENERAL PROVISIONS, SECTION 405.080 "A" SEMI-RURAL DISTRICT REGULATIONS, BY ADDING A NEW SUB-SECTION "F. GROUP HOME REGULATIONS".

WHEREAS, pursuant to the Revised Statutes of the State of Missouri, the City of Clarkson Valley has authority over zoning and land development matters within the City; and

WHEREAS, the City currently regulates residential group housing as codified in Section 405.040 of the City Code; and

WHEREAS, the City wishes to amend its existing group home regulations and associated definitions contained in the City Code to more fully comply with applicable federal and state fair housing laws pertaining to residential group housing opportunities for the handicapped, developmentally disabled, mentally ill, elderly persons and other federally protected classes of individuals; and

WHEREAS, the City also wishes to create a specific process for review and approval of group homes not otherwise protected under federal or state fair housing laws to ensure compatibility between group homes and existing residential properties and to protect the health, safety and welfare of the City’s residents; and

WHEREAS, the Board of Alderman finds that in order to prevent the concentration of group homes within residential districts a separation requirement of one mile between group homes is reasonable; and

WHEREAS, the Board of Alderman further finds that, without the immediate passage of this Ordinance amending and prescribing standards for group homes, the City will be unable to preserve the health, peace, and safety of the residents through carefully considered and developed land use regulations.

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CLARKSON VALLEY, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

SECTION 1: The Municipal Code, City of Clarkson Valley, Missouri, is hereby amended in Title IV: Land Use, Chapter 405: General Provisions, Section 405.040: Definitions, by adding a new definition for Group Home.

SECTION 2: New definitions shall be adopted which will read as follows:

SECTION 405.040 DEFINITIONS

FAMILY. One or more persons who are related by blood, marriage, or legal adoption living together as a single household unit; a group of not more than eight (8) persons not related by blood, marriage, or adoption, living together as a single household unit as defined under Chapter 89.020, R.S.Mo;

GROUP HOME. A structure which provides residential, non-institutional housing for a group of six or more unrelated individuals or related and unrelated individuals, where physical assistance and/or other supportive services are provided by professional support persons at least one of whom lives in the residence. A group home shall have no more than ten residents, inclusive of supervisory personnel, except as otherwise provided in this Code. A group home is further defined as Type A or Type B according to its client population as listed below.

GROUP HOME – TYPE A. A group home serving no more than eight (8) handicapped individuals. A Type A group home may be further defined as follows:

Group Home for Developmentally Disabled Persons. A state-licensed group home exclusively for the care of persons with developmental disabilities, as defined and regulated by the Missouri Department of Human Services, or other authorized agency.

Group Home for Elderly Persons. A group home of persons sixty (60) years of age or older who do not require medical attention associated with a residential health care facility. Group homes for elderly persons shall be licensed as an assisted living residence or alternative care facility by the Missouri Department of Public Health, or other authorized agency.

Group Home for Mentally Ill Persons. A state-licensed group home exclusively for the care of persons with mental illness, as defined and regulated by the Missouri Department of Public Health, or other authorized agency.

GROUP HOME – TYPE B. A group home that does not meet the definition of a Type A group home whose residents are not handicapped or protected under federal or state fair housing legislation. A Type B Group Home shall also include a Type A Group Home which exceeds eight handicapped residents subject to the provision for reasonable accommodation set forth herein.

HANDICAP – A physical or mental impairment which substantially limits one or more of a person’s major life activities. A person with a handicap includes the following:

a. A physical or mental impairment which substantially limits one or more of such person’s major life activities;

b. A record of having such an impairment; or

c. An individual who can be regarded as having such impairment.

SECTION 3: The Municipal Code, City of Clarkson Valley, Missouri, is hereby amended in Title IV: Land Use, Chapter 405: General Provisions, Section 405.080 “A” Semi-rural District Regulations, by adding a new sub-section “F. Group Home Regulations”.

SECTION 4: A new sub-section “F. Group Home Regulations” shall be adopted which will read as follows:

F. Group Homes.

1. Group Home Regulations -. Findings and Intent.

a. Findings. The Board of Alderman finds and determines that the policy of the City is to:

i. Provide handicapped persons who are protected under federal and state fair housing legislation equal opportunities to live within all residential zone districts within the City;

ii. Disperse the location of group homes throughout the City through reasonable separation requirements;

iii. Comply with the principles, policies and regulations of federal and state fair housing legislation; and

iv. Support and enhance the viability and quality of neighborhoods and residential communities for the benefit of all City residents.

b. Intent. The intent of these Regulations is to enable Type A group homes to locate in residential communities and to increase opportunities for integration of these homes in residential neighborhoods. For classes or groups of individuals not protected under federal and state fair housing legislation or for Type A group homes exceeding the occupant limit specified in section 405.080, these Regulations are intended to provide a review process whereby the intended use of a group home is evaluated to determine its compatibility with the surrounding land uses and its conformance with applicable criteria of approval as more fully set forth herein.

2. General Provisions. Unless otherwise expressly stated, a Type A or Type B group home must meet the following minimum requirements:

a. Licensing. The applicant is or will be licensed by the State of Missouri to operate the facility, or is not required to be licensed.

b. Separation. No group home may be located within a one (1) mile radius of any other group home, as measured by a straight line from the closest point of property line to property line.

c. Density. Each group shall maintain a minimum living area equal to 160 square feet per occupant exclusive of kitchen areas, dining areas, and a common living area. Additionally, each such group home shall a minimum of one (1) full bathroom per three (3) residents.

d. Parking. The Group Home must have adequate off-street parking.

e. Building, Fire and Safety Codes. The proposed occupancy of the group home complies with, or will comply, with the requirements of the currently adopted building, fire and safety codes of the City as well as all applicable requirements of the zone district or planned unit development.

f. Threats to Public Safety. As authorized by 42 U.S.C. § 3604(f)(9), no group home shall provide housing to any individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical danger to the property of others.

g. The Group Home has no officer or staff member in its operating agency that has ever been convicted of a felony or misdemeanor involving moral turpitude.

h. The person granted a license under this Article has not had a license revoked under this Article in the last five (5) years.

i. The person granted a license under this Article has not been denied a license during the preceding three (3) years.

j. Exterior Appearance. Any group home shall comply to all architectural standards and exterior appearance requirements required under the City Code.

3. Specific Provisions.

a. Special Use Permit. Any Type A or Type B group home as defined in this code shall file an application and obtain a Special Use Permit from the Board of Alderman prior to occupancy. The policies and procedures for obtaining the necessary Special Use Permit are detailed in Section 405.080(d) herein.

b. Reasonable Accommodations. The federal Fair Housing Act, 42 U.S.C. §3601, et seq., as amended, requires that local governments be prepared to make “reasonable accommodations” in order to permit housing for certain protected individuals to occur in residential areas. In response to a written application identifying the type of housing being provided and the portions of the Fair Housing Act that require reasonable accommodations be made for such housing, the City Building Inspector, or his or her designee, in consultation with the Board of Alderman, is authorized to approve minor modifications of building setbacks, height, lot coverage, or occupancy limits in order to provide reasonable accommodations without the need for an additional approval process.

The Building Inspector, or his or her designee, may approve a type of reasonable accommodation different from that requested by the applicant if the Building Inspector concludes that a different form of accommodation would satisfy the requirements of the federal Fair Housing Act with fewer impacts on adjacent neighborhoods. The decision of the Building Inspector shall be accompanied by written findings of fact as to the applicability of the Fair Housing Act, the need for reasonable accommodations, and the authority for any reasonable accommodations approved.

c. Occupancy Limits. If an applicant for a Type A group home seeks to house more than eight (8) individuals (excluding support personnel), or is denied a reasonable accommodation to increase the number of occupants within the group home, it may seek approval for a Type B group home permit in conformance with Section d herein.

d. Special Use Permit – Type A and Type B Group Homes.

i. General. In addition to the general requirements for all group homes specified in Section 405.080 F(2)above, all Type A or Type B group home shall not locate or operate within the City unless it has received approval by the City in the form of a written Special Use permit in conformance with this section.

ii. Purpose. The Type B group home review and approval procedure provides a discretionary approval process for group homes with potentially widely varying operating characteristics. The procedure encourages public review, agency referral, and evaluation of a Type B group home’s operating characteristics and site development features and is intended to ensure that a proposed group home will not have a significant adverse impact on surrounding uses and neighborhoods within the City.

iii. Pre-Application Conference. An applicant of a Type A or Type B group home shall schedule and attend a pre-application conference with appropriate City staff before filing a group home permit application. The purpose of the pre-application conference is to inform the applicant of applicable procedures, submittal requirements and other pertinent matters to assist the applicant in completing an application. Staff opinions offered during a pre-application conference are informational only and do not represent a commitment on behalf of the City regarding the acceptability of the application.

iv. Application Filing

(a). Applications for a Type A or B group home shall be submitted on forms provided by the City in such numbers as required by the City.

(b) At a minimum, the application must include the following information:

1. Letter of Intent fully describing the intended use and character of the group home;

2. Name of property owner;

3. Property address and legal description;

4. Evidence of title;

5. Letter of authorization from property owner if property owner is not the applicant;

6. Site plan including the following information:

• Legal Description of property;

• Location and dimension of existing and proposed structures, gross floor area, square footage of habitable space; and locations of entrances;

• Provision for parking;

• Graphic description of any proposed physical alterations or additions to the property and/or structures located thereon.

v. Incomplete Applications. An application shall be considered substantially complete if it is submitted in the required form, including all required submittal information and all items or exhibits specified in this section or requested by the City during a pre-application conference, and is accompanied by the applicable application fee. Any application that is not accompanied by the required fees shall be deemed incomplete.

vi. Notice. If the City determines that the application is incomplete, the appropriate City staff shall notify the applicant of that fact and specify the specific ways in which the application is deficient. No further processing of the incomplete application shall occur until the deficiencies are corrected.

vii. Planning and Zoning Review. Upon acceptance of a complete application and satisfaction of the referral process, the application shall be forwarded to the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing on the application, and within sixty (60) days from the date of receipt of a complete application, make a recommendation to the Board of Alderman based on the approval criteria. Notice of Planning and Zoning Commission and Board of Alderman public hearings shall be mailed, and posted in accordance with City Code.

viii. Burden of proof. The burden of demonstrating that a Type B group home permit application complies with applicable review and approval criteria set forth in this Section is on the applicant. The burden shall not be on the City or other parties to show that the criteria have not been met.

ix. Board of Alderman Review and Decision. After receiving the recommendation of the Planning and Zoning Commission, the Board of Alderman shall consider the group home permit application at a public hearing and at the close of the public hearing, the Board of Alderman shall act to approve, approve with conditions, or deny the proposed group home special use permit application.

x. Approval Criteria. A Type B group home permit application may be approved only if the City Council finds that all of the following criteria have been met:

1. The applicant is or will be licensed by the State of Missouri or other applicable licensing agency to operate the facility, or is not required to be licensed.

2. The proposed occupancy of the group home complies with, or will comply, with the requirements of the currently adopted building, fire and safety codes of the City.

3. The individuals intended to reside within the group home would not constitute a direct threat to the health or safety of other individuals or would not result in substantial physical danger to the property of others.

4. The proposed group home is compatible with the character of the surrounding uses and the general architectural designs found in the surrounding neighborhood.

5. The residents of the group home will not require ongoing or daily medical or psychiatric treatment normally associated with a hospital or medical clinic.

6. The group home will not contain more than ten residents, including resident supervisory personnel.

7. The structure in which the group home operates provides a reasonable allocation of square footage of habitable space consistent with the surrounding residential uses.

8. There is adequate on and off-street parking to accommodate the use and needs of the group home and the number of vehicles used by its occupants.

9. That the group home shall be eleemosynary or not-for-profit in nature.

xi. Term of Permit. A Special Use Group Home Permit may be granted for the term of the group home’s license, or for such shorter period as the Board of Alderman shall find appropriate and reasonable under the circumstances of a particular application, but in no event for a period greater than two years. At the expiration of its term, a Special Use Group Home permit shall automatically renew under the same conditions, including duration, as the original approval, unless any City department or group home’s licensing agency has received written complaints concerning the operation of the group home.

xii. Prohibition of Permit Transfer. A Group Home Special Use Permit is issued to a specific operator or organization and shall not be transferable to another individual or party for the same location during the term of the permit. If any such complaint has been received, the application for renewal must be heard by the Planning and Zoning Commission and Board of Alderman under the same requirements for a new Type B Group Home permit application.

xiii. Severability. If any provision of this ordinance should be found by a court of competent jurisdiction to be invalid, such invalidity shall not affect the remaining portions or applications of this ordinance that can be given effect without the invalid portion, provided that such remaining portions or applications of this ordinance are not determined by the court to be inoperable. The Board of Alderman declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, despite the fact that any one or more section, subsection, sentence, clause, phrase, or portion would be declared invalid or unconstitutional.

SECTION 5: All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed and held for naught.

SECTION 6: Nothing in this Ordinance shall be construed to affect any suit or proceeding pending in any Court, or any right acquired or liability incurred, or any cause or causes of action acquired or existing under any act or Ordinance hereby amended.

SECTION 7: Except as amended herein, Title IV of the Municipal Code, City of Clarkson Valley, Missouri, shall be and will remain in full force and effect.

SECTION 8: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law.

PRESENTED, APPROVED AND PASSED BY A MAJORITY OF THE BOARD OF ALDERMEN this 7th day of June 2005.