§ 13.04.290. Group Home and Group Residential Facility Overlay District.

(a)

Intent. By adoption of this Section, the Town Council desires to specify as follows:

(1)

Group homes are an authorized use in all zone districts in which single-family residential uses are a use by right, but only as a conditional use utilizing a process for allowing group homes to locate within such residential areas, as described herein.

(2)

Group homes are hereafter permitted as conditional uses in all residential zone districts established by this Title or in areas designated as residential use areas by a development guide upon approval of the Town Council following a public notice and hearing as described in this Section and subject to such conditions and safeguards as may be imposed by the Town Council.

(3)

Unless otherwise provided by law, nothing in this Section shall be construed as authorizing a conditional use as approved herein to violate provisions of the underlying residential zone district established by this Title, or the provisions of a development guide applicable to single-family residential uses with respect to adopted bulk standards, including, but not limited to, height, setbacks, area, lot coverage or external signage.

(4)

This Section shall apply to those group homes that exceed the number of unrelated people living together as a single housekeeping unit pursuant to the definition of family as set forth in Section 13.02.010 of this Title, as may be amended from time to time.

(5)

Group homes are to be regulated by this Section according to the facility's full number of intended residents without regard to temporary drops in occupancy due to start-up, vacancies, turn-over, or the like, and the number of intended residents shall be determined according to the greater of the facility's number of beds or bedrooms.

(b)

Definitions. The following terms used in this Section shall have the following meanings:

Group Home means a Group Home for the Aged; a Group Home for the Intellectually and Developmentally Disabled; or a Group Home for Persons with Mental Illness.

Group Home for the Aged means a residence that provides noninstitutional housing for not more than eight (8) persons living as a single housekeeping unit for the exclusive use of persons who are sixty (60) years of age or older, as defined by Section 31-23-303(2)(b)(II) C.R.S., as amended.

Group Home for Persons with Intellectual and Developmental Disabilities means a residence that provides state-licensed noninstitutional housing for not more than eight (8) persons living as a single housekeeping unit for the exclusive use of persons with intellectual and developmental disabilities, as defined by Section 25.5-10-202 C.R.S., as amended.

Group Home for Persons with Mental Illness means a residence that provides state-licensed noninstitutional housing for no more than eight (8) persons living as a single housekeeping unit for the exclusive use of persons with mental illness, as that term is defined by Section 27-65-102 C.R.S., as amended.

Group Residential Facility means a residence other than a Group Home that provides a community living environment for no more than eight (8) persons requiring custodial care, medical treatment or specialized social services for persons.

(c)

General criteria for conditional use approval. The Planning Commission may recommend and the Town Council may approve a conditional use approval for a Group Home or Group Residential Facility, subject to reasonable conditions which include, but are not limited to, the requirements that the proposed use:

(1)

Will be in harmony and compatible with the character of the surrounding areas and neighborhood;

(2)

Will have architectural designs consistent with the residential character of the surrounding neighborhood;

(3)

Will be consistent with the Town Master Plan;

(4)

Will not result in an over-intensive use of land;

(5)

Will not have a material adverse effect on community capital improvement programs;

(6)

Will not require a level of community facilities and services greater than that which is available to single-family residential uses, such as, merely by way of example, commercial-sized waste receptacles, and more frequent waste disposal services;

(7)

Will not result in undue traffic congestion or traffic hazards, including frequent commercial deliveries or other frequent traffic impacts distinct from those impacts otherwise caused by single-family residential uses;

(8)

Will not cause significant air, water or other nuisance impacts;

(9)

Will be adequately landscaped, buffered and screened;

(10)

Will not result in excessive parking congestion;

(11)

Will be consistent with Town health, safety and fire codes, including occupancy restrictions; and

(12)

Will not otherwise be detrimental to the health, safety or welfare of the present or future inhabitants of the Town.

(d)

Specific criteria for conditional use approval. In addition to the general criteria for conditional use approval set forth in Subsection (c) above, the Town Council shall consider the following specific criteria when considering conditional use approvals for each of the following uses:

(1)

Group Home for the Aged.

a.

Whether the Group Home for the Aged will be located within seven hundred fifty (750) feet of another Group Home or Group Residential Facility; and

b.

The Group Home for the Aged shall provide proof of State licensure prior to issuance of a final certificate of occupancy. Failure to maintain the required State licensure may constitute a material change that invalidates a conditional use approval and associated entitlements/permits.

(2)

Group Home for Persons with Intellectual and Developmental Disabilities.

a.

Whether the Group Home for Persons with Intellectual and Developmental Disabilities will be located within seven hundred fifty (750) feet of another Group Home or Group Residential Facility; and

b.

The Group Home for Persons with Intellectual and Developmental Disabilities shall provide proof of State licensure prior to issuance of a final certificate of occupancy. Failure to maintain the required State licensure may constitute a material change that invalidates a conditional use approval and associated entitlements/permits.

(3)

Group Home for Persons with Mental Illness.

a.

Whether the Group Home for Persons with Mental Illness will be located within seven hundred fifty (750) feet of another Group Home or Group Residential Facility; and

b.

The Group Home for Persons with Mental Illness shall provide proof of State licensure prior to issuance of a final certificate of occupancy. Failure to maintain the required State licensure may constitute a material change that invalidates a conditional use approval and associated entitlements/permits.

(4)

Group Residential Facilities. Whether the Group Residential Facility will be located within seven hundred fifty (750) feet of another Group Residential Facility or a Group Home.

(e)

Conditional use applications shall be considered by the Planning Commission and Town Council following a public notice and hearing pursuant to Subsection 13.08.030(a).

(f)

Conditional use approval nontransferable. All conditional uses approved by the Town Council under this Section are nontransferable.

(g)

Limitations. Conditional uses shall be permitted for a duration of time specified by the Town Council or until the land use changes or is terminated, whichever occurs first. Each use is subject to yearly review by the Planning Department or as often as the Town Council deems appropriate to ensure compliance with the criteria set forth above and any stated conditions of approval.

(Ord. 3.01.107.2 §1, 2016; Ord. 3.01.107.1 §2, 2016; Ord. 3.01.107 §2, 2015)