Subchapter 8 Group Homes Sections: 35.8.1 Purpose 35.8.2 Use and Operation. 35.8.3 Qualification. 35.8.4 Specific Use Permits. 35.8.5 Licenses. 35.8.6 Location of Assisted Living Facility, Group Home for Handicapped Persons or Institution 35.8.7 Inspections. 35.8.8 Notices, Hearings and Orders. 35.8.9 Compliance Required. 35.8.1 Purpose. The City supports the rights of handicapped persons to live in stable, affordable housing in settings that maximize community integration and opportunities for acceptance. The City desires to make reasonable accommodations in rules, policies and practices to afford handicapped persons equal opportunity to use and enjoy a dwelling. The City supports decentralization as a method of assuring that handicapped persons are allowed to reside in a neighborhood, which retains its residential character. Unregulated and unlicensed homes for handicapped persons may not necessarily provide adequately for the health and safety of the residents. The City desires to protect the health and safety of its handicapped citizens and to provide a regulatory scheme for group homes for the handicapped. 35.8.2 Use and Operation. The use and operation of a Community Home for Disabled Persons that meets the qualifications of this Subchapter is a use by right and is authorized in any residential zoning district as long as there is no more than 6 residents and two supervisors regardless of the legal relationship of those persons to one another and the community home is not within one-half mile of an existing community home. The residents of the community home may not keep, either on the premises of the home or on a public right-of-way adjacent to the home, motor vehicles in numbers that exceed the numbers of bedrooms in the home. 35.8.3 Qualification. To qualify as a Community Home for Disabled Persons the entity must comply with Chapter 123 of the Texas Health & Safety Code and the following regulations: A. Operation. A community based residential home may be operated by: 1. The Texas Department of Mental Health and Mental Retardation; 2. A community center organized under Chapter A, Subchapter 534 of the Texas Health & Safety Code. 3. An entity subject to the Texas Non-Profit Corporation Act, Tex.Rev.Civ.Stat.Ann art. 1396-1.01, et seq. (Vernon 1997), as amended. 4. An entity certified by the Texas Department of Human Services as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation; or 5. An assisted living facility licensed under Chapter 247 of the Texas Health & Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dwellings. B. Licensing. 8-1
The community home must meet all applicable licensing requirements. C. Site Plan Required. The community home must provide a site plan that clearly shows compliance with the following criteria: 1. Any single-family dwelling unit which is proposed to be utilized for shared group housing for the handicapped shall provide as a minimum, the following square footage in each bedroom: a. To house one (1) handicapped person per bedroom, the dwelling unit must provide one hundred (100) square feet of space per bedroom utilized for this purpose. b. To house two (2) handicapped persons per bedroom, the dwelling unit must provide one hundred twenty (120) square feet of space per bedroom utilized for this purpose. 2. Any single-family dwelling unit, which is proposed to be utilized for, shared group housing for handicapped persons shall provide for a separate bedroom for the care provider or providers. 35.8.4 Specific Use Permits. A. Permit Required. It shall be unlawful for any person to occupy, construct, alter, extend or expand any Assisted Living Facility, Group Home for Handicapped Persons or Institution within the limits of the City without a valid permit issued by the City Council in the name of such person for the specific occupation, construction, alteration or extension of the assisted living facility, group home or institution proposed. The permit shall be specific to the person named in the application for the permit and shall not be transferred without the prior written consent of the City through the issuance of a new permit. If the proposed occupation, construction, alteration or extension is not commenced within one calendar year from the date the permit for such occupation, construction, alteration or expansion was issued, said permit shall automatically expire, unless the City Council approves an extension of time or issues a new permit. B. Application and Fee Requirements. All applications and required fees for assisted living facilities, group home or institution permits shall be made in accordance with the Application Criteria Manual and shall contain the following: 1. Name and address of the applicant. 2. Location and legal description of the property where the Assisted Living Facility or Group Home will be located. 3. Documentation that the Assisted Living Facility, Group Home for Handicapped Persons or Institution has met federal and state licensing requirements. C. Site Plan Requirements. Any structure, which is proposed to be utilized for shared group housing for the handicapped, shall provide as a minimum, the following square footage in each bedroom: 1. To house one (1) handicapped person per bedroom, the dwelling unit must provide one hundred (100) square feet of space per bedroom utilized for this purpose. 2. To house two (2) handicapped persons per bedroom, the dwelling unit must provide one hundred twenty (120) square feet of space per bedroom utilized for this purpose. 3. Any structure, which is proposed to be utilized for an assisted living facility, group housing for handicapped persons or institution shall provide for a separate bedroom for the care provider or providers. D. Issuance of Permit. In considering the application, the City Council may take into account the proposed location of the Assisted Living Facility, Group Home for Handicapped Persons or Institution in relation to the present 8-2
and anticipated land use and development. After review of the application and, upon determining that the application and the proposed, Assisted Living Facility, Group Home for Handicapped Persons or Institution complies with this Subchapter and other applicable laws, codes and regulations, the permit shall be issued. E. Denial of Permit/Hearing. Any person whose application for a permit under this Subchapter has been denied, may, within ten (10) days of the denial, request, in writing, a rehearing on the matter and offer additional evidence if desired. A denial of a request for rehearing, or a denial upon rehearing, shall be final and binding. No new application for a permit shall be accepted within one year of the denial, unless the denial upon rehearing, or the denial for rehearing, is without prejudice to the refilling of same. F. Inapplicability of Section. The permit requirement is for the use and occupancy of Assisted Living Facilities, Group Homes or Institutions and does not include Community Homes for the Disabled. 35.8.5 Licenses. A. License Required. It shall be unlawful for any person to establish, operate or maintain, or permit to be established, operated or maintained, upon any property owned or controlled by such person any Assisted Living Facility, Group Home For Handicapped Persons or Institution within the limits of the City unless such person holds a valid license issued annually by the City Council. All applications for licenses shall be made in writing to the City Council, which shall issue a license upon compliance by the applicant with provisions of this Subchapter. The City Council shall not issue a license unless the applicant is the holder of a valid Certificate of Occupancy, which shall be issued by the Building Official upon compliance with applicable federal, state, and local law. At any time a Certificate of Occupancy is revoked, the license shall be canceled automatically, at the same time, without action by the City Council. Once a license is canceled, the applicant must follow original licensing procedures rather than license renewal procedures. Licenses issued shall expire on December 31 of each year. B. Application for Original License. Application for original license shall be in writing, signed by the applicant, accompanied by the affidavit of the applicant as to the truth of the application, the deposit of the required license fee and shall comply with the Application Criteria Manual, and provide the following: 1. The name and address of the applicant; 2. A copy of a valid Certificate of Occupancy; 3. The location and legal description of property where the Assisted Living Facility, Group Home or Institution will be located; and 4. A site plan. C. Hearing Granted Applicants. Any person whose application for a license under this Subchapter has been denied may request, in writing, and within ten (10) days, a rehearing, which hearing shall be granted by the City Council. A denial upon rehearing shall be final and binding. No new application for a license shall be accepted within one year of the denial, unless the denial upon rehearing is without prejudice to the refilling of same. D. Application for License Renewal and Fee. Application for renewal of a license along with the required fee shall be made in writing by the Licensee on forms furnished by the City Secretary on or before December 1 of each year. The application shall contain any change in the information occurring after the original license was issued or the latest renewal granted and be accompanied by information required by the Application Criteria Manual. 8-3
E. License Fee. All original license applications or renewals hereof shall be accompanied by a fee periodically established by the City Council. All renewal fees shall be due on the issuance of the renewed license. F. Transfer of License and Fee. Every person holding a license shall give notice and pay the required fee within fifteen (15) days after having sold, transferred, given away or otherwise disposed of any interest in or control of any Assisted Living Facility, Group Home or Institution as required by the Application Criteria Manual. Application for transfer of license shall be made not later than fifteen (15) days after the date of the sale, transfer, or gift, or other disposition of the interest in or control of the Assisted Living Facility, Group Home, or Institution. The City Council will consider the transfer application not later than the second regularly scheduled City Council meeting occurring after the date a properly completed transfer application is submitted. G. Violations; Notice Suspension/Revocation of License. Whenever the Building Official finds that conditions or practices exist which are in violation of any provisions of this Subchapter he shall give notice in writing to the Permittee or Licensee, or the Permittee s or Licensee s agent, that, unless conditions or practices in violation of this Subchapter are corrected within a reasonable period of time of not less than thirty (30) days nor more than one (1) year, as specified in such notice, the license or permit shall be suspended or revoked. At the end of the period of time granted for correction, should the conditions or practices not be corrected, the City Council may suspend or revoke the permit or license and give notice in writing of the suspension or revocation to the Permittee or Licensee, or the Permittee or Licensee s agent, at the address provided in the application. Upon receipt of notice of suspension or revocation, the Permittee or Licensee shall cease operation of the Assisted Living Facility, Group Home, or Institution within ten (10) days after the notice is issued. The notice shall also specify vacation by the residents for the period of suspension or as ordered by the City Council upon revocation. The City Council may order immediate vacation and cessation of operations if the same is found to be in the best interest of the health, safety and welfare of the citizens of the City. 35.8.6 Location of Assisted Living Facility, Group Home for Handicapped Persons or Institution. An Assisted Living Facility, Group Home for Handicapped Persons or Institution may be located in any district which allows multifamily developments as provided in this Chapter. No other Assisted Living Facility, Group Home for Handicapped Persons or Institution shall be located within a radius of 600 feet of the facility, home or institution. 35.8.7 Inspections. A. Compliance Inspection. Any duly authorized inspector of the City, including, but not limited to the Building Official, Health Official, Fire Chief, Fire Marshal, Police Chief, or Tax Assessor-Collector shall be permitted to make reasonable inspections of any Assisted Living Facility, Group Home, or Institution to determine compliance with applicable Chapters. B. Right of Entry. Any duly authorized inspector of the City, as set forth in subsection (A) shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of this Subchapter. The inspector should seek the permission of a lawful adult occupant prior to entry. Upon refusal of entry, the City shall have all available remedies at law to gain entry, including but not limited to a court order showing probable violation of state or local law. 8-4
35.8.8 Notices, Hearings and Orders. A. Notice of Violations; Requirements of Notice; Suspension and/or Revocation. Whenever it is brought to the attention of the City Council that there has been a violation of any provision of this Subchapter, the City Council shall give notice of such alleged violation to the Permittee or Licensee, or their respective agent, and each resident of the facility as provided. The notice shall: 1. Be in writing; 2. Include a statement of the reasons for its issuance; 3. Allow a reasonable time of not less than thirty (30) days nor more than one (1) year, based upon the nature and severity of the violation and having due regard for the safety and protection of the community, for the performance of the corrective measures required; 4. Be served upon the Permittee or Licensee, or the Permittee or Licensee s agent; provided, however, that the Notice shall be deemed to have been properly served upon the Permittee, Licensee, or their respective agents, when a copy has been sent by mail to the Permittee s, Licensee s or their respective agent s, last known address, or when the Permittee or Licensee, or respective agent, has been served with the notice by any method authorized or required by the laws of this State; and 5. Contain an outline of remedial action, when, if taken, will effect compliance with the provisions of this Subchapter. If the violation is not remedied in accordance with the notice, and a breach of the Subchapter continues, then the City Council, may suspend and/or revoke any permits or licenses issued in addition to any punishment provided. Residents of the facility shall be notified by mail of any notice of violations or orders by regular mail and/or posting of the notice in common areas of the facility. B. Vacation of Residents/Cessation of Operations. The notice shall also specify vacation by the residents for the period of suspension or as ordered by the City Council upon revocation. The City Council may order the immediate vacation and cessation of operations if the same is found to be in the best interest of the health, safety and general welfare of the citizens of the City. 35.8.9 Compliance Required. It shall be the responsibility of the Permittee or Licensee to ensure that all requirements of this Subchapter are met and maintained. Any violation of any of the provisions of this Subchapter shall subject the Permittee or Licensee to the general penalty provisions of this Chapter. 8-5
8-6