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Home My WebLink About1999 Ordinance No. 058. ' • • • .. _, ORDINANCE NO. d SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO. 56 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 16, BY AMENDING CHAPTER 8 , AND AMENDING CHAPTER 4, BY THE ADDITION OF A NEW SECTION 23 , ENTITLED "GROUP LIVING FACILITIES ," AND AMENDING CHAPTER 5, SECTION 5 , ENTITLED "PRIVATE OFF-STREET PARKING STANDARDS ," OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, group homes have become an issue with City Council and the residents of Englewood over the past few years; and WHEREAS, the issues with group homes concern the legality of group home use in residential zone districts; and WHEREAS , the State of Colorado has two departments which regulate group living facilities: the Department of Human Services and the Department of Public Health and Environment; and WHEREAS, the Federal Government addresses the issue of group living through the Fair Housing Amendment Act of 1988; and WHEREAS, the Englewood Planning and Zoning Commission held Public Hearing's on May 18, 1999, June 22, 1999 and August 3, 1999 and after review made their recommendation for passage of the proposed ordinance ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The Englewood City Council hereby amends Title 16, Chapter 8, Section 1, of the Englewood Municipal Code , 1985 , with the addition of the following definitions, in alphabetical, order to the definitions as follows: 16-8-1: DEFINITIONS: BOARDING AND ROOMING HOUSE: DETENTION FACILITY: A building eontaining a single dwelling unit and two (2) Of' mot'e guest l'Ooms whel'e lodging is pl'ovided, v1ith or without meals , fol' eompensation. "Compensation" may inelude money, sel'viees, Of' other things of value, ineluding bed and bt'eakfast opet'ations. DETENTION FACILITY INCLUDES (1) FACILITIES FOR JUDICIALLY REQUIRED DETENTION OR INCARCERATION OF PEOPLE , WHERE INMATES AND -1 - 11 bi DORMITORY: EXTE~IDED GARE Fl'.rGILITY: FAMILY: GROUP HOME: DETAINEES ARE UNDER 24 HOUR SUPERVISION BY SWORN OFFICERS, EXCEPT WHEN ON AN APPROVED LEA VE, OR (2) GROUP HOMES , HALF-WAY HOUSES, OR ALTERNATIVES TO INCARCERATION FOR INDIVIDUALS PREVIOUSLY CONVICTED OF SEXUAL ASSAULTS, SEXUAL ABUSE , OR OTHER SEX-RELATED CRIMINAL OFFENSES OR (3) GROUP HOMES , HALFWAY HOUSES , OR ALTERNATIVES TO INCARCERATION CONTAINING ANY INDIVIDUAL WHO WILL BE SUBJECT TO THE ISSUANCE OF AN ARREST OR ESCAPE WARRANT IF THEY LEA VE THE FACILITY . PROVIDED THAT THE USE OTHERWISE COMPLIES WITH THIS DEFINITION, A DETENTION FACILITY MAY INCLUDE , BY WAY OF ILLUSTRATION, A PRISON, JAIL, PROBATION CENTER, JUVENILE DETENTION HOME , OR HALFWAY HOUSE. DETENTION FACILITIES DO NOT QUALIFY AS EITHER SMALL GROUP LIVING FACILITIES , SMALL TREATMENT FACILITIES , OR LARGE/SPECIAL TREATMENT FACILITIES. AF ACILITY USED AS A LIVING QUARTERS FOR MORE THAN 4 STUDENTS ENROLLED IN CLASSES OR ACTIVITIES AT A COLLEGE , UNIVERSITY OR BOARDING SCHOOL, INCLUDING WITHOUT LIMITATION A FRATERNITY OR SORORITY HOUSE OWNED OR OPERATED BY AN ENTITY OTHER THAN THE COLLEGE, UNIVERSITY, OR BOARDING SCHOOL. l'.r long term facility or a distinct part of a facility licensed or approved as a nUJ:'sing home, infirmary unit of a home for the aged, or a governmental medical institution. An individual, or tv10 (2) or more persons related by blood, marriage, or adoption living togethe1· as a single housekeeping unit; or a group of not more than four (4) persons , w·ho need not be related by blood , marriage, or adoption, living together as a single housekeeping unit. l'J, facility v1herein the operator is not legally related to the individuals supervised and is licensed by the State and v1herein not more than eight (8) individuals a1·e provided with -2- > I ,-.. • • • (' I •v • GROUP LIVING FACILITY: HOUSEHOLD: HOUSEHOLD: • HOUSEHOLD LIVING: INSTITUTIONAL USE: • i·eem , bea:rd , spccia:lizcd a:nd distinctive ca:rc a:nd supcrvisien in a: family cnvirenmcnt. RESIDENTIAL OCCUPANCY OF ALL OR PART OF A STRUCTURE BY A GROUP OF PEOPLE THAT DOES NOT MEET THE DEFINITION OF HOUSEHOLD LIVING , HOTEL, MOTEL, DETENTION FACILITY , OR DORMITORY . IN GROUP LIVING FACILITIES , TENANCY IS ARRANGED ON A MONTHLY OR LONGER BASIS , THERE IS GENERALLY A COMMON EATING AREA , AND THE SIZE OF THE GROUP MAY BE LARGER THAN A FAMILY. GROUP LIVING FACILITIES INCLUDE SMALL GROUP LIVING FACILITIES, SMALL TREATMENT FACILITIES , AND LARGE/SPECIAL GROUP LIVING FACILITIES . /,. family living tegcthcr in a: single dwelling unit, v1ith commen a:cccss te, a:nd cemmen use ef, living a:nd ca.ting a:rca:s. A HOUSEHOLD INCLUDES (1 ) ONE OR MORE PERSONS RELATED BY BLOOD , MARRIAGE, ADOPTION, OR LEGAL GUARDIANSHIP , INCLUDING FOSTER CHILDREN, TOGETHER IN A DWELLING UNIT ; OR (2) A GROUP OF NOT MORE THAN EIGHT PERSONS NOT RELATED BY BLOOD , MARRIAGE, ADOPTION, OR LEGAL GUARDIANSHIP LIVING TOGETHER IN A DWELLING UNIT, PROVIDED THAT SUCH GROUP DOES NOT MEET THE DEFINITION OF DORMITORY ; OR (3) TWO UNRELATED PERSONS AND THEIR CHILDREN LMNG TOGETHER IN A DWELLING UNIT. RESIDENTIAL OCCUPANCY OF ALL OR PART OF A STRUCTURE BY AN INDIVIDUAL OR A GROUP OF PEOPLE WHO MEET THE DEFINITION OF A HOUSEHOLD, AND WHERE TENANCY IS ARRANGED ON A MONTH-TO-MONTH OR LONGER BASIS. h nenprefit or qua:si public use er institutien such a:s a: church, libra:ry , public, er priva:tc scheel, hespita:l er Municipa:lly evrncd er epcra:tcd building, structure er la:nd used fer public purpesc . -3- .·, .,. LARGE/SPECIAL GROUP ANY RESIDENCE FOR MORE THAN 8 • LIVING FACILITY: UNRELATED INDIVIDUALS, AND ANY RESIDENCE FOR UP TO 8 UNRELATED INDIVIDUALS THAT DOES NOT MEET THE DEFINITION OF "SMALL TREATMENT FACILITY'' OR "SMALL GROUP LIVING FACILITY." IF ANY INDIVIDUAL RESIDENT OF A GROUP LIVING FACILITY DOES NOT MEET THE DEFINITION OF "SMALL TREATMENT FACILITY RESIDENT'' OR "SMALL GROUP LIVING FACILITY RESIDENT", THE ENTIRE FACILITY SHALL BE CLASSIFIED AS A LARGE/SPECIAL GROUP LIVING FACILITY (RATHER THAN A SMALL GROUP LIVING FACILITY OR SMALL TREATMENT FACILITY). EXAMPLES OF LARGE/SPECIAL GROUP LIVING FACILITIES INCLUDE ANY OF THE FOLLOWING BUT NOT LIMITED TO THAT MEET THIS DEFINITION: 1. A SECURE RESIDENTIAL TREATMENT CENTER, AS DEFINED IN C.R.S. § 26-6-102(9); OR • 2. A SHELTER FOR HOMELESS PERSONS ; OR 3. A DORMITORY ; OR 4. A ROOMING OR BOARDING HOUSE; OR 5. A FRATERNITY OR SORORITY HOUSE. MEDICAL OR PSYCHOLOGICAL INCLUDES ANY INDIVIDUALIZED TREATMENT: SERVICES RENDERED BY A MEDICAL OR PSYCHOLOGICAL PROFESSIONAL OR PARA-PROFESSIONAL DIRECTLY TO A RESIDENT OR GROUP OF RESIDENTS ON A REGULAR OR REPEATED BASIS TO ADDRESS A SPECIFIC MEDICAL OR PSYCHOLOGICAL CONDITION DIAGNOSED BY A MEDICAL OR PSYCHOLOGICAL PROFESSIONAL, BUT EXCLUDING (1) PHYSICAL THERAPY, (2) OCCASIONAL MEDICAL OR NURSING CARE TO ADDRESS NON-CHRONIC AND NON-RECURRING CONDITIONS • SUCH AS COLDS, FLU, OR HOUSEHOLD -4- • • • NURSING HOME: SHELTER FOR HOMELESS PERSONS: SMALL GROUP LIVING FACILITY: INJURIES , AND (3) ASSISTANCE WITH ROUTINE LIVING ACTIVITIES NOT AIMED AT RECOVERY FROM A SPECIFIC DIAGNOSED CONDITION. lill institution for the continuous dB:y B:nd night cB:rc of the B:gcd or infirm, 01· B: plB:cc of rest for those suffering bodily disorders; hut not including facilities fot· surgicfil Cfit'C or institutions for the cB:rc B:nd trcB:tmcnt of mcntB:l illness , B:lcoholism , or nB:rcotics B:ddiction. A FACILITY THAT PROVIDES TEMPORARY LODGING IN SHARED SLEEPING ROOMS, WITH OR WITHOUT MEALS AND ANCILLARY SERVICES ON THE PREMISES , TO PRIMARILY HOMELESS PERSONS, FOR MORE THAN FOUR WEEKS IN ANY CALENDAR YEAR. A HOMELESS SHELTER DOES NOT PROVIDE SUCH LODGING TO (1) ANY INDIVIDUAL WHO HAS BEEN DIRECTED BY ANY SOCIAL SERVICE AGENCY TO LIVE IN A PUBLIC OR PRIVATE INSTITUTION, OR (2) TO ANY PERSON BEING DETAINED BY ANY LAW ENFORCEMENT AGENCY PURSUANT TO STATE OR FEDERAL LAW. A RESIDENCE FOR UP TO EIGHT (8) UNRELATED INDIVIDUALS , NONE OF WHICH ARE RECEIVING ON-SITE MEDICAL OR PSYCHOLOGICAL TREATMENT , BUT SOME OR ALL OF WHOM MAY BE RECEIVING ON-SITE PHYSICAL ASSISTANCE WITH DAY-TO- DAY LIVING ACTIVITIES. EXAMPLES OF SMALL GROUP LIVING FACILITIES INCLUDE ANY OF THE FOLLOWING THAT MEET THIS DEFINITION: 1. A NON-PROFIT GROUP HOME FOR THE AGED OR AN OWNER- OCCUPIED GROUP HOME FOR THE AGED, AS DEFINED IN C.R.S . § 31-23-303(2)(B); OR 2. 3. -5- A STATE-LICENSED PERSONAL CARE BOARDING HOME , AS DEFINED IN C .R.S. § 25-27-101; OR A STATE-LICENSED COMMUNITY RESIDENTIAL HOME FOR PERSONS WITH DEVELOPMENTAL DISABILITIES, AS DEFINED IN C .R.S . § 27-10.5-101 ; OR 4. A HOME PROVIDING INDEPENDENT RESIDENTIAL SUPPORT SERVICES FOR THE DEVELOPMENTALLY DISABLED , AS DEFINED IN C.R.S. § 27-10.5- 102(19); OR 5. A STATE-LICENSED RESIDENTIAL CHILD CARE FACILITY, AS DEFINED IN C .R.S. § 26-6-102 (8); OR 6 . A FAMILY CARE HOME , AS DEFINED IN C .R.S . § 26-6-102(4); 7 . A ROOMING OR BOARDING HOUSE. SMALL TREATMENT FACILITY: A RESIDENCE FOR U P TO 8 UNRELATED INDIVIDUALS , SOME OR ALL OF WHOM ARE RECEIVING ON-SITE MEDICAL OR PSYCHOLOGICAL TREATMENT. IF ANY INDIVIDUAL RESIDENT OF A GROUP LIVING FACILITY WITH U P TO 8 UNRELATED INDIVIDUALS RECEIVES ON-SITE MEDICAL OR PSYCHOLOGICAL TREATMENT, THE ENTIRE FACILITY SHALL BE CLASSIFIED AS A SMALL TREATMENT FACILITY (RATHER THAN A SMALL GRO UP LIVING FACILITY). EXAMPLES OF SMALL TREATMENT FACILITIES SHALL INCLUDE ANY OF THE FOLLOWING THAT MEET THIS DEFINITION: 1. A N URSING HOME ; OR 2. A NU RSING FACILITY, AS DEFINED IN C.R.S . § 26-4-103 (11 ); OR 3. INSTITUTIONS PROVIDING LIFE CARE , AS DEFINED IN C.R.S . § 12-13-101 (5); OR 4. -6- A PHYSICAUMENTAL REHABILITATION HOME ; OR • • • . . • • • 5 . A STATE-LICENSED GROUP HOME FOR THE DEVELOPMENTALLY DISABLED , AS DEFINED IN C.R.S. § 31-23- 303(2)(a) fB:-fr) THAT IS NOT CATEGORIZED AS A STATE LICENSED COMMUNITY RESIDENTIAL HOME AS DEFINED IN C.R.S. § 27-10.5-102(4); OR 6. A STATE-LICENSED GROUP HOME FOR PERSONS WITH MENTAL ILLNESS, AS DEFINED IN C.R.S. § 25 -27-102(8); OR Section 2. The City Council of the City of Englewood, Colorado hereby amends Title 16 , Chapter 4 , by the addition of a new Section 23 , of the Englewood Municipal Code 1985, entitled Group Living Faci lities, a s follows: 16-4-23-1: GROUP LIVING FACILITIES: A. ALLOWED AND CONDITIONAL USES (BY ZONE DISTRICT). THE USES LISTED BELOW SHALL BE PERMITTED IN THE ZONE DISTRICTS INDICATED IN THE FOLLOWING TABLE . Zone R R R R R RS R R B B I I 1 1 1 2 2 2P 3 4 1 2 1 2 A B c c cs Small Group Living Facility A A A A A A A A A A Small Treatment Center c c A A Large/Special Group Living c c A A Facility AN "A" INDICATES THAT THE U SE WILL BE ALLOWED AS A MATTER OF RIGHT, SUBJECT TO COMPLIANCE WITH THE USE REGULATIONS LISTED BELOW AND ALL OTHER REQUIREMENTS OF THIS CODE. AN "C" INDICATES THAT THE USE MAY BE PERMITTED AS A CONDITIONAL USE PURSUANT TO THE PROCEDURES SET FORTH UNDER E .M .C. 16-5-2. NO SUCH CONDITIONAL USE PERMIT SHALL BE GRANTED, HOWEVER, UNTIL THE CITY PLANNING AND ZONING COMMISSION HAS DETERMINED THAT THE PROPOSED USE : 1. COMPLIES WITH ALL APPLICABLE USE REGULATIONS FOR GROUP LIVING FACILITIES AND WITH ALL OTHER APPLICABLE REQUIREMENTS OF THIS CODE ; AND 2. IS NOT SIGNIFICANTLY DIFFERENT FROM ADJACENT USES IN TERMS OF APPEARANCE , SITE DESIGN, HOURS OF OPERATION, TRAFFIC GENERATION , NOISE , ODOR, DUST, AND OTHER -7- EXTERNAL IMPACTS OR, IF THE USE IS DIFFERENT, ANY ADVERSE IMPACTS RESULTING FROM THE USE WILL BE MITIGATED TO THE MAXIMUM EXTENT PRACTICAL; AND 3. INCLUDES PROVISIONS FOR AUTOMOBILE ACCESS THAT WILL PREVENT TRAFFIC HAZARDS AND A VOID TRAFFIC CONGESTION ON ADJACENT PUBLIC STREETS AND ALLEYS . 16-4-23-2: USE REGULATIONS: ALL GROUP LIVING FACILITIES SHALL BE SUBJECT TO THE FOLLOWING STANDARDS , REGARDLESS OF WHETHER THEY ARE PERMITTED AS AN ALLOWED OR CONDITIONAL USE: A. NO GROUP LIVING FACILITY SHALL BE LOCATED CLOSER THAN: (1) 750 FEET FROM ANY STATE LICENSED CHILD CARE FACILITY FOR CHILDREN OR ANY ELEMENTARY, MIDDLE , OR HIGH SCHOOL; OR (2) 1 ,250 FEET FROM ANOTHER GROUP LIVING FACILITY. B. STRUCTURES CONTAINING GROUP LIVING USES SHALL BE NO TALLER THAN THE AVERAGE HEIGHT OF THE THREE PRIMARY STRUCTURES ON THE SAME BLOCK LOCATED CLOSEST TO THE GROUP LIVING STRUCTURE. C . TWENTY-FOUR-HOUR SUPERVISION SHALL BE PROVIDED BY QUALIFIED STAFF. D. ALL FACILITIES SHALL BE LOCATED SO AS TO PROVIDE CONVENIENT ACCESS TO GROCERY AND OTHER RETAIL STORES AND OTHER COMMERCIAL SERVICES , PUBLIC TRANSPORTATION ACCESS POINTS AND PUBLIC RECREATION FACILITIES. E. ANY GROUP LIVING FACILITY WHOSE RESIDENTS INCLUDE ANY INDIVIDUAL WHO HAS BEEN CONVICTED BY ANY COURT OF MORE THAN ONE MISDEMEANOR OR FELONY INVOLVING PROPERTY DAMAGE OR PERSONAL INJURY THAT WAS COMMITTED WHILE HE OR SHE WAS A RESIDENT OF THE GROUP LIVING FACILITY SHALL BE DEEMED TO BE A PUBLIC NUISANCE , AND SHALL BE SUBJECT TO THOSE ENFORCEMENT ACTIONS AND PENALTIES APPLICABLE TO OTHER PUBLIC NUISANCES WITHIN THE CITY . F. PRIOR TO INITIATING OPERATIONS, AND PRIOR TO MOVING OPERATIONS TO A DIFFERENT FACILITY, AND ON OR BEFORE DECEMBER 31 OF EACH CALENDAR YEAR, THE OPERATOR OF EACH GROUP LIVING FACILITY SHALL SUBMIT TO THE CITY A PHOTOCOPY OF A VALID AND CURRENT CERTIFICATE OR LICENSE ISSUED BY THE STATE OF COLORADO IF ANY SUCH CERTIFICATE OR LICENSE IS REQUIRED FOR THE OPERATION OF THE FACILITY. G . IF ACTIVE AND CONTINUOUS OPERATIONS ARE NOT CARRIED ON FOR A PERIOD OF 3 CONSECUTIVE MONTHS IN A GROUP LIVING FACILITY APPROVED AS A CONDITIONAL USE , THE GROUP LIVING -8- • • • • • • H. FACILITY SHALL BE CONSIDERED TO BE ABANDONED . THE USE MAY BE REINSTATED ONLY AFTER OBTAINING A NEW CONDITIONAL USE APPROVAL. AS AUTHORIZED BY 42 USC 3604(f)(9), NO GROUP LIVING FACILITY SHALL PROVIDE HOUSING TO ANY INDIVIDUAL WHOSE TENANCY WOULD CONSTITUTE A DIRECT THREAT TO THE HEALTH OR SAFETY OF OTHER I NDIVIDUALS OR WHOSE TENANCY WOULD RESULT IN SUBSTANTIAL PHYSICAL DANGER TO THE PROPERTY OF OTHERS. 16-4-23-4--3: REASONABLE ACCOMMODATION: THE FEDERAL FAIR HOUSING ACT, AS AMENDED , REQUIRES THAT LOCAL GOVERNMENTS BE PREPARED TO MAKE "REASO NABLE ACCOMMODATIONS" IN ORDER TO PERMIT HOUSING FOR CERTAIN PROTECTED GROUPS TO OCCUR IN CERTAIN TYPES OF 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 THAT REASONABLE ACCOMMODATIONS BE MADE FOR SUCH HOUSING, THE CITY MANAGER OR DESIGNEE IS AUTHORIZED TO TAKE ANY OF THE FO :...,owING ACTIONS IN ORDER TO PROVIDE REASONABLE AC COMMODATIONS WITHOUT THE NEED FOR A REZONING OR VARIANCE PROCESS: A. B. MODIFY ANY FACILITY SPACING, BUILDING SETBACK, HEIGHT, LOT COVERAGE, OR LANDSCAPING REQUIREMENT BY NO MORE THAN 10%; OR REDUCE ANY OFF-STREET PARKING REQUIREMENT BY NO MORE THAN ONE SPACE. C. THE CITY MANAGER OR DESIGNEE MAY APPROVE A TYPE OF REASONABLE ACCOMMODATION DIFFERENT FROM THAT REQUESTED BY THE APPLICANT IF HE/SHE CONCLUDES THAT A DIFFERENT FORM OF ACCOMMODATION WOULD SATISFY THE REQUIREMENTS OF T H E FAIR HOUSING ACT WITH FEWER IMPACTS ON ADJACENT AREAS . THE DECISION OF THE CITY MANA GER OR DESIGNEE SHALL BE ACCOMPANIED BY WRITTEN FINDINGS OF FACT AS TO THE APP L ICABILITY OF THE FAIR HOUSING ACT, THE NEED FOR REASONABLE ACCOMMODATIONS , AND THE AUTHORITY FOR ANY REASONABLE ACCOMMODATIONS APPROVED. REQUESTS FOR TYPES OF ACCOMMODATION THAT ARE NOT LISTED ABOVE MAY ONLY BE APPROVED THROUGH A ZONING VARIANCE OR REZONING PROCESS. Section 3. The Englewood City Council hereby amends Title 16 , Chapter 4 , Section 5, amending Paragraph 0 , of the Englewood Munici p al Code , 1985, as follows : 16-4-5-0 . Conditional Use : Provided the public interest is fully protected and the following uses are approved by the Commission, except for those group homes which are required by State statute, the following provisions apply : -9- 1. Large child care home . Acc essory play equipment shall be located in the rear yard. ~. Group homes •.vhieh are lieensed by the State and v«hieh provide twenty four (24) hoU:f' supervision. ft. No tv;o (2 ) group homes , whether under the same or different sponsorship , shall be loeated within the same bloelt or within the bloeks adjaeent to the bloelr in whieh the group home is loeated. This shall not inelude group homes or half way houses for persons released from eoneetional institutions or facilities. b-. Group homes must provide one off street padring space for eaeh member of the staff on duty, and one spaee for eaeh folll' (4) resident elients. &. 2. Dependent Care Centers: Structures used as educational institutions , religious institutions or public facilities , existing at the time of the enactment of this Ordinance , may be converted for use as dependent care centers . Section 4 . The Englewood City Council hereby amends Title 16 , Chapter 4, Section 6 , amending Paragraph N , of the Englewood Municipal Code , 1985 , as follows: 16-4-6-N. Conditional Use: Provided the public interest is fully protected, the following uses are approved by the Commission, except for those group homes which are required by State statute, the following provisions shall apply: 1. Large child care home. Accessory play equipment shall be located in the rear yard . ~. Group Homes: Group homes, Vt'hieh a1·e lieensed by the State of Colorado and '<Vhieh p1·ovide twenty four (2 4) hour supervision. This shall not inelude group homes or half way houses for persons released from eorreetional institutions or faeilities. ft. No two (2) g1·oup homes, whether under the same or diffe1·ent sponsorship, shall be located within the same block or within the bloeks adjaeent to the bloek in which the group home is loeatcd . b-. Group homes must provide one off street parking spaee for eaeh member of the staff on duty, and one spaee for eaeh foU:f' (4) resident elients. &. 2. Dependent Care Centers . Structures used as educational institutions , religious institutions or public facilities , existing at the time of the enactment of this Ordinance , may be converted for use as dependent care centers. Section 5. The Englewood City Council hereby amends Title 16 , Chapter 4, Section 8 , Paragraph B , of the Englewood Municipal Code , 1985, as follows: 16-4-8-B . Permitted Principal Uses. 1. Single-family detached dwelling . 2 . Single-family attached dwelling. -10- • • • • • • 3. 4. 5. &. !f.. 6 . Two-family dwelling with at least one party wall under a common roof. Multi-family dwellings. Planned development approval is requil:'ed for more than four (4) units . Hospitals and clinics, but not animal hospitals or clinics. Retirement or senior citizen housing, rest homes and nursing homes. Planned development approval is requil:'ed . Professional offices in which chattels or goods , wares or merchandise are not commercially created or sold. 8-. 7 . Dependent care centers. 9-. 8. Educational institutions. M. 9 . Religious institutions. 11. Public facilities and buildings . S e ction 6 . The Englewood City Council hereby amends Title 16, Chapter 4 , Section 9, Paragraph B, of the Englewood Municipal Code, 1985, as follows : 16-4-9: R-4 RESIDENTIAL/PROFESSIONAL DISTRICT: This District is designed to achieve stability of land use and land value through minimizing the adverse effects of adjoining incompatible districts . To these ends, development is limited to a medium-high concentration and permitted uses are typically single-family and two-family dwellings , certain professional uses compatible with the District and private off-street parking lots . This District should be applied only in sufficient size to properly perform the above objective . This is normally construed to mean at least one-half (1/2) block in depth and one full block in length. A. General Regulations : The provisions found in this Zone District shall be subject to the requirements and standards found in Chapter 16-5 , General Regulations , of this Title , unless otherwise provided for in this Ordinance or an amendment hereto . B. Permitted Principal Uses: No building, structure, or land shall be used and no building or structure shall be erected, structurally altered, enlarged or maintained, unless otherwise provided for in this Ordinance , except for one or more of the following uses: 1. Any use permitted in the R-2 Zone District. 2. Administrative and professional offices, provided that neither merchandise is handled for sale nor merchandising services are rendered on the premises , except such as are incidental or accessory to the principal use . &. Nursing and rest homes . -11- 4. 3. Medical and dental and/or optical laboratories. &. 4 . Small child care centers. Accessory play equipment shall be located in the rear yard . &. Boarding or rooming houses . !:/-. 5 . Private off-street parking lots , the surface of which shall be of hard surface, either paved with asphalt, concrete or brick pavers . Section 7. The Englewood City Council hereby amends Title 16 , Chapter 4, Section 9 , amending Paragraph N, of the Englewood Municipal Code , 1985 , as follows: 16-4-9-N. Conditional Use: Provided the public interest is fully protected and the following use is approved by the Commission: 1. Dependent care centers. i.. Group homes, whieh are lieensed hy the State of Colorado , and whieh pf'ovide tvlenty foUf' (2 4) houf' supervision. a-. No gpoup home shall he located within an eight hundred foot (800') f'adius of the proposed gf'oup home . &. Group homes must pf'ovide off stf'eet paf'lcing fof' each memhef' of the staff on duty. Section 8. The Englewood City Council hereby amends Title 16, Chapter 5, Section 5, of the Englewood Municipal Code , 1985 , as follows : 16-5-5: PRIVATE OFF-STREET PARKING STANDARDS: A. Minimum Standards. In consonance with the purpose of zoning regulations, as stated in this Comprehensive Zoning Ordinance , "to lessen congestion in the streets", motor vehicle and bicycle parking spaces are to be maintained as set forth below ; however, nothing in these standards shall be deemed to deprive the owners or operators of said buildings or uses of the right to maintain control over all such land and structures or to make whatever changes they deem appropriate for the use of such private off-street parking space. Unless otherwise provided in this Ordinance , the following are minimum off-street p a rking requirements for the indicated uses . 1. 2. Amusement facilities , auditoriums, assembly halls, convention facilities , dance halls , gymnasiums , theaters, skating rinks Auto dealerships (new and u se d) -12- 1 space for each 3 seats. 1 space for each 2 employees at maximum employment on a single shift, plus 2 spaces for each 300 • • • • square feet of sales/office, repair or maintenance space. 3. Bowling alleys 4 spaces per lane , plus 1 additional space for each 2 employees. 4. Churches 1 space for each 3 seats or every 6 feet of bench length in the main assembly area or auditorium . 5. DORMITORIES , ONE PARKING SPACE PER FRATERNITIES , AND TWO BEDS. SORORITIES &6. Educational institutions . a . Elementary schools 1 space for each classroom and administrative office . b. Secondary schools an area equal to 1/2 the gross floor area in the structure . &7 . Rooming and boarding houses 1 space for each guest bed in addition to the single-family dwelling requirement . • 8. GROUP LIVING ONE PARKING SPACE PER FACILITIES THREE RESIDENT BEDS PLUS ONE PARKING SPACE FOR EACH THREE EMPLOYEES . !7-9. Hospitals 1 space for each 2 patient beds , plus 1 space for each 2 employees on duty. & 10. Hotels and motels 1 space for each guest room , plus 1 additional space for each 2 employees. Parking for convention facilities and dining areas in the hotel shall conform with the requirements set forth herein . 9-. 11. Industrial and/or an area equal to 1/4 the gross floor manufacturing area occupied by the use in a structure. 12. NURSING HOMES ONE PARKING SPACE PER FOURREfilDENTBEDSPLUSONE PARKING SPACE FOR EACH THREE EMPLOYEES . • -l-B-13. Offices -business, professional 1 space per each 300 square feet of agencies and banks rentable area ; excluding public areas, -13- H14. -H-15. H16. ±417. tt 18. -±-6-19. H20. common hallways, and common bathrooms. Public buildings an area equal to 1/2 the gross floor area in the structure. Single-family dwelling 2 spaces per each dwelling unit. Two or more family dwellings: Efficiency, 1 or 2 bedroom units 1 1/2 spaces per each dwelling. Three or more bedroom units 2 spaces per each dwelling unit. Such parking shall be designated and identified as parking for the occupants of the building only. Guests or visitors, 5 or more 1 space for each 5 units. dwelling units Such parking shall be designated and identified as temporary parking for the use of guests or visitors or the occupants of the building only. Restaurants, bars, taverns 1 space per each 60 square feet of gross floor area . Retail or service business: Under 7 ,500 square feet an area equal to 1/2 of the gross floor area ; 7,500 square feet gross floor area and above an area equal to the gross floor area. Senior citizen residential .75 parking spaces per unit plus one complexes guest space for each 5 units . Ware housing and whole sale an area equal to 1/4 of the gross floor business area of the structure or structures. Mini-warehousing, parking and loading. a. Customer parking shall be provided at the manager's office calculated on the basis of one space for each six thousand (6 ,000) square feet of floor area and open storage , or one space for each one hundred (100) storage units or spaces , whichever is greater. Two (2) additional parking spaces for employees shall be provided at the manager's office . -14- • • • • • • b . A marked loading lane shall be provided adjacent to the exterior of any structure in which storage units are located and where such units have direct access to the exterior of the structure. Such loading lane shall be clearly marked for the exclusive use of the lessees of said storage units and shall not be used for the temporary or permanent storage of any item. Loading lanes shall be a minim um of nine feet (9') in width. -1-8-21. Parking for bicycles shall be provided as follows : a. Bicycle facilities shall be provided for any new building constructed, for any addition or enlargement of an existing building or use , and for any change in the occupancy of any building or the manner in which any use is conducted that would result in additional parking facilities being required subject to the provisions of this Ordinance. b. No existing use or structure shall be deemed nonconforming solely because of the lack of bicycle facilities prescribed in this Chapter, provided that bicycle facilities existing on the effective date of this Ordinance shall not be reduced in capacity, design, or function to less than the minimum standards prescribed in this Ordinance. c. Bicycle parking facilities s hall include provisions for storage and locking of bicycles in secure racks or equivalent installation in which the bicycle frame and wheels may be locked by the user . d. Bicycle facilities required by this Section shall be maintained for the duration of the use requiring such facilities , and shall not be used for other purposes. e. Location: Bicycle Facilities. f. (1) Parking for bicycles shall be provided on-site or on a site within one hundred feet (100'). (2) Bicycle parking areas shall be well lighted and located as near to the building or facility entrance as possible , without interfering with pedestrian traffic. (3) If possible, bicycle parking areas should utilize already existing weather protected areas such as building overhangs. (4) If such bicycle and automobile parking areas or accessways abut each other, the re shall be provided a physical barrier between the bicycle and automobile areas to prevent the possibility of the hitting of a bicycle or its operator by a motor vehicle. (5) All designated bicycle parking areas shall be accessible by ramps . Parking for bicycles shall be provided as follows : -15- B . Multiple-family residential use --one bicycle parking space per each two (2) dwelling units; facilities solely for senior citizen residential use shall provide one bicycle space for each twenty (20) units. Nonresidential uses --one bicycle parking space per each ten (10) parking spaces required for automobiles, but not less than two (2) spaces per premises , unless otherwise specified below . (1) Drive -in theater, mortuary, auto service station, automobile services , drive-up windows providing services to occupants in vehicles --none. (2) School (Grades K-8) --one bicycle parking space for each twenty (20) students. (3) School (Grades 9-12) --one bicycle parking space for each thirty (30) students . (4) Commercial recreation one bicycle parking space for each twelve (12) persons' capacity. (5) Community facilities, including swim club, tennis club, community centers, neighborhood centers and similar activities --one bicycle space for each twelve (12) persons' capacity. Minimum Standards for Other Uses . In case of a use not specifically mentioned, the private off-street parking standards mentioned, to which said use is generally similar, shall apply. C. Mixed Uses . In the case of mixed uses, the total shall be the sum of the requirements of the various uses. D. Location. The parking area must be provided on the same property as the principal building, except that in Commercial and Industrial Districts the required private parking may be within four hundred feet (400') of the property, but within the same District or R-4 District. Such separate parking lots may be maintained as long as the principal building or uses are maintained . E. Use of Off-Street Parking by Another Building. No part of an off-street parking space for any building or use shall be included as a part of an off-street parking space of another building or use, unless such uses do not conflict with each other and joint use is made by contract, approved by the Commission, and subsequently recorded in the records of the Clerk and Recorder of Arapahoe County. F. Existing Parking Areas. Private off-street parking space being maintained in any zone district in connection with any existing building or use on the effective date of this Ordinance shall be hereafter maintained except that it shall not require more than that required for a new building or use in conformance with this Ordinance. -16- • • • • • • G. Plan for Parking Areas in Planned Development. A parking plan shall be provided for any development for which a Development Plan is required. Such parking lot plan shall be submitted to the City Planning and Zoning Commission for investigation and approval as part of the consideration of the Planned Development. H. Compact Cars. Forty percent ( 40%) of the required off-street parking may be provided in compact car spaces. Such spaces shall be posted for compact car parking only . I. Handicapped Parking. 1. The minimum number of required handicapped parking spaces shall be as follows : Total Number of Requ ired Parking Spaces Required Handicapped Spaces 1 to 25 Spaces 1 Handicapped Space 26 to 50 Spaces 2 Handicapped Spaces 51 to 75 Spaces 3 Handicapped Spaces 76 to 100 Spaces 4 Handicapped Spaces 101 to 150 Spaces 5 Handicapped Spaces 151 to 200 Spaces 6 Handicapped Spaces 201 to 300 Spaces 7 Handicapped Spaces 301 to 400 Spaces 8 Handicapped Spaces 401 to 500 Spaces 9 Handicapped Spaces 501 to 1,000 Spaces 2 .0% of Total Required Spaces 1,001 Spaces and Over 20 Hand icapped Spaces plus 1 handicapped space for each 100 spaces over 1,000 spaces 2. The size of the handicapped space shall be eight feet (8 ') in width, nineteen feet (19 ') in depth with five foot (5 ') access aisles . 3. Each handicapped space shall be marked with a freestanding sign and pavement markings using the standard uniform words, symbols and colors that signify that the space is for parking by the handicapped only. 4. Designated handicapped spaces shall be located as near to the entrance of the use as possible and shall be generally designed so that pedestrian access between the parking space and the building shall not involve crossing an area used for vehicular circulation. -1 7 - 5. Access ramps usable by the handicapped shall be provided for any change in grade between the parking space and the use. 6. The total number of spaces provided for the handicapped shall be included in the total number of parking spaces otherwise required by this Ordinance. J. Private Off-Street Parking Spaces in Residential Districts. Private off-street parking spaces in residential districts shall be prohibited within ten feet (10') of the property line adjacent to any street. K. Landscaping. Off-street parking areas shall comply with the landscape section of the Comprehensive Zoning Ordinance . L. Snow Removal and Snow Storage. Owners of parking lots having fifty (50) or more spaces shall provide a designated area for the storage of snow removed from the lot. Such storage area shall not be in a required parking space or spaces. Section 9. Safetv Clauses. The City Council, hereby finds, determines , and declare s that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to b e obtained. Section 10 . Severability. If any clause, sentence , paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to other p ersons or circumstances . Section 11. Inconsistent Ordinances. Nothing herein contained shall be deemed a waiver of the provisions of any other Code section or regulation applicable to fences . If there is a conflict between the regulations in this Section and any other Code section or regulations, the more stringent regulations shall apply . Section 12. Effect of r epeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify , or change in whole or in part any penalty, forfeiture , or liability , either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits , proceedings , and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions, suits , proceedings , or prosecutions. Section 13. Penalty . The Penalty Provision of E .M.C. S e ction 1-4-1 shall apply to each and every violation of this Ordinance. -1 8- • • • • • • Section 14. Existing Uses. Any use in existence prior to the effective date of this Ordinance , which is not otherwise addressed by conditional use limitations , which does not conform to the limitations established by this Ordinance, shall be nonconforming. A nonconforming use , allowed pursuant to this Section, may remain at its location as a legal nonconforming use subject to the termination requirements of nonconforming uses as described in this Title. Because it is a purpose of this Ordinance to eliminate nonconforming uses , a nonconforming use shall not resume if it has been discontinued for a continuous period of at least one hundred and eighty days or would terminate as provided for in the general nonconforming use provisions of this Title. Introduced, read in full , amended and passed on first reading on the 20th day of September, 1999 . Published as an amended Bill for an Ordinance on the 24th day of September, 1999 . A Public Hearing was held on October 18, 1999. Read by title and passed on final reading on the 1st day of November, 1999. Published by title as Ordinance No.d, Series of 1999 , on the 5th day of November, 1999 . I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance assed on final reading and published by title as Ordinance No. 58: Series of 9 . -1 9- • • • COUNCIL COMMUNICATION DATE: September 20, 1999 AGENDA ITEM SUBJECT: Group Living Facilities Ordinance 11 a i JNITIATED BY: Department of STAFF SOURCE: Harold J . Stitt, Senior Neighborhood & Business Development Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: There has been no previous Council action on this matter RECOMMENDED ACTION: Staff recommends that Council schedule a Public Hearing for the proposed Group Living Facilities Ordinance on October 18 , 1999 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED: Group homes (group living) have become an issue with residents of Englewood, and with the City Council, over the past few years. These issues concern legality of this use in residential zone districts . The State of Colorado has two departments which regulate group living facilities -the Department of Human Services, and the Department of Public Health and the Environment. The Federal Government addresses the issue of group living through the Fair Housing Amendment Act of 1988, and focuses on discrimination on the basis of race, color, religion, sex, national origin, handicapped , and families with children. The proposed ordinance is written with the intent to protect the rights of Englewood residents from impacts associated with group living facilities, as well as preserving the rights of the group living facility residents, and that regulations and restrictions are consistent with the state and federal laws. Three categories of group living facilities are suggested in this ordinance: small group living facilities, small treatment centers, and large/special group living facilities . Definitions of a variety of terms are included as part of the ordinance. Distance factors are also imposed in relation to proximity to state licensed child care facilities, elementary, middle and high schools, and from any other group living facility. FINANCIAL IMPACT: No financial impacts have been identified beyond the additional administrative costs of implementing this Ordinance LIST OF ATTACHMENTS: Proposed Bill for Ordinance Staff Report for Case #ORD-99-02 Findings of Fact for Case #ORD-99-02 CITY OF ENGLEWOOD PLANNING AND ZONING COIVIMISSION IN THE MA TI'ER OF CASE #ORD-99-02 ) FINDINGS OF FACT, CONCLUSIONS AND ) RECOMMEND A TIO NS RELATING TO ) AMENDMENT OF THE COMPREHENSIVE ) ZONING ORDINANCE BY ENACTING ) §16-4-23, GROUP LIVING FACILITIES, AND ) AMENDING OTHER SECTIONS OF THE ) COMPREHENSIVE ZONING ORDINANCE ) IN CONJUNCTION WITH THE GROUP ) LIVING FACILITIES SECTION. ) INITIATED BY: CITY OF ENGLEWOOD 3400 SOUTH ELATI STREET ENGLEWOOD, CO 80110 ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION This maner was heard before the City Planning and Zoning Commission on May 18 , 1999, in the City Council Chambers of the Englewood City Hall, was continued to June 22, 1999, and was further continued to August 3, 1999. May 18, 1999 Hearing: Commission Members Present: Douglas, Dummer, Hayduk, Lathram, Rininger, Stockwell, Weber, Willis, Welker Commission Members Absent: None June 22, 1999 Hearing: Commission Members Present: Commission Members Absent: Note: One Vacancy None · Weber, Willis, Douglas, Hayduk, Lathram, Stockwell, Rininger, Welker The Public Hearing was reopened on June 22, 1999, no testimony was received, and the Hearing was further con- tinued to August 3 , 1999 . August 3 , 1999 Hearing: Commission Members Present: Commission Members Absent: Willis , Douglas, Rininger, Weber, Stockwell, Welker Hayduk, Lathram, Ransick Testimony was received on May 18, 1999 from staff and Mr. Gobel, a member of Clarion Associates, a consult- ing firm engaged to prepare the Group Living Facilities Ordinance . The Commission received notice of Public Hearing, and the Staff Report, which were incorporated into and made a part of the record of the Public Hearing. No testimony was received on June 22, 1999 . • • On August 3, 1999, further testimony was received from Senior Planner Harold J. Stitt, and from Mr. Don Elliott, Vice President of Clarion Associates. A modified draft of the proposed ordinance, dated July 29, 1999, was distributed to members of the Commission, which Mr. Elliott reviewed page-by-page. Commission members • 1 • • • questioned certain provisions and raised issues of concern ; Mr. Elliott , City Attorney Dan Brotzman, and Mr. Stitt responded to those inquiries and concerns . No general public was present to testify on this issue . After considering the statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1. THAT the proposed amendment of the Comprehensive Zoning Ordinance was initiated by the City of Englewood 2. THAT notice of Public Hearing was published in the Englewood Herald on May 7, 1999. 3. THAT testimony was received from staff and from a representative of Clarion Associates , a consulting firm engaged to prepare the proposed Group Living Facility ordinance . 4 . THAT on May 18, 1999 , members of the Commission questioned some provisions of the proposed amendment , requested clarification of some provisions , and asked that a re vised draft of the proposed amendment be presented for their consideration on June 22, 1999 . 5. THAT on June 22 , 1999, the Public Hearing was reopened; no testimony was received , and the Hearing was further continued to August 3 , 1999 . 6. THAT on August 3 , 1999, a revised proposed ordinance , dated July 29, 1999, was presented to the Commission for consideration ; Consultant Elliott reviewed this draft of the proposed regulations page-by- page with the Commission. 7 . THAT Consultant Elliott, City Attorney Brotzman, and Senior Planner Stitt responded to inquiries and concerns posed by members of the Commission during the course of the Hearing and review. CONCLUSIONS 1. THAT proper notice of the Public Hearing was given by publication in the official City newspaper , the Englewood Herald, on May 7, 1999 . 2. THAT there is a need to fairly address "group living" issues and regulations in the City of Englewood. 3 . THAT the Englewood Municipal Code, Title 16 -Comprehensive Zoning Ordinance, should be amended by enactment of §16-4~23. Group Living Facilities . DECISION THEREFORE, it is the decision of the City Planning and Zoning Commiss ion that the Englewood Municipal Code, Title 16, the Comprehensive Zoning Ordinance, be amended by enactment of §16-4-23 , Group Living Fa- cilities. 2 The decision was reached upon a voce on a morion made ac che meeting of che Cicy Planning and Zoning Commis- sion on August 3 , 1999 , by Douglas , seconded by Rininger, which morion scares: The Commission approve the Group Li vin g Facility Ordinance , Draft 7129199 , as amended , and refer this pro - posed amendment to the Comprehensive Zoning Ordinance to the Englewood City Council for consideration and approval. AYES : Rininger , Scockwell , Weber , Willis , Douglas , Welker NAYS: None ABSTAIN : ABSENT : None Ransick , Hayduk , Lachram The morion carried . These Findings and Conclusions are effective as of che meecing on Augusc 3 , 1999. BY ORDER OF THE CITY PLANNING & ZONING COJ\1MISSION \ I I \ (r , I I -1 ' . y , . / { "-_".(_,,-\.__l.../ Carl Welke r, Chairman f:\dept\n bd\group\boards\planc omml find ings 1999\fof group livi ng cas e 99 -02.do c 3 • • • • • • }( E ll 0 R .\ \ D r JI TO: Chairman Welker and Planning and Zoning Commission Members THRU: Robert Simpson, Director of Neighborhood and Business Development Harold J. Stitt, Senior Planner ct)--FROM: DATE: July 28, 1999 RE: Case-OR-99-02 Group Living Ordinance The following changes have be made to the May 4, 1999 draft of the group living ordinance: 16-8-1: Definitions Group Living Facility Delete first sentence. Replace with: "Residential occupancy of all or part of a structure by a group of people that meet the definition of Household Living, Hotel, Motel, or Detention Facility." Delete last sentence. Replace with: "Group Living facilities include Small Group Living Facilities, Small Treatment Facilities, and Large/Special Group Living Facilities." Small Group Living Facility In the first sentence delete the words "therapy, or counseling" Change last sentence to read: "Examples of Small Group Living Facilities include any of the following that meet this definition:" Delete 2., 3., and 4. Replace with: 2. A state-licensed personal care boarding home , as defined in C.R.S. §25-27-101; or 3. A state-licensed community residential home for persons with developmental disabilities, as defined in C.R.S. §27-10.5-101; or 4 . A home providing independent residential support services for the developmentally disabled as defined in C.R.S. §27-10.5-1-2(19); or Add a new 6 which reads: 6. A family care home as defined in C.R.S. §26-6-102(4); or Renumber the old 6. as 7. and Delete the old 7. Add a new 8. which reads: 8. A rooming or boarding house. Small Treatment Facility In the first sentence, delete the words "therapy, or counseling" After the second sentence, add: "If any individual resident of a Group Living facility with up to 8 unrelated individuals receives on-site medical or psychological treatment, the entire facility shall be classified as a Small Treatment Facility (rather than a Small Group Living Facility). Change the last sentence to read: "Examples of Small Group Living Facilities shall include any of the following that meet the definition:" Delete 4 ., 5., 6., and 7. Add new 4., 5., and 6. which read: 4. A physical/mental rehabilitation home; or 5. A state-licensed group home for the developmentally disabled, as defined in C.R.S . §32-23-303(2)(a) that is not categorized as a state licensed community residential home as defined in C.R.S. §27-10.5-102(4); or 6. A state-licensed group home for persons with mental illness, as defined in C.R.S. §25-27-102(8) Large/Special Group Living Facility • Add after the first sentence: "If any individual resident of a Group Living facility does not • meet the definition of "Small Treatment Facility" or Small Group Living Facility, the entire facility shall be classified as a Large/Special Group Living Facility (rather than a Small Group Living Facility or Small Treatment Facility)." Change the last sentence to read: "Examples of Large/Special Group Living Facilities include any of the following that meet the definition:" Change 2 . to read: "a shelter for homeless persons; or" Add after 2., new 3., 4., and 5., to read: 3. A dormitory; or 4. A rooming or boarding house ; or 5. A fraternity or sorority house. Add the following new definitions: Medical or Psychological Treatment: Medical or psychological treatment includes any individualized services rendered by a medical or psychological professional or para- professional directly to a resident or group of residents on a regular or repeated basis to address a specific medical or psychological condition diagnosed by a medical or psychological professional , but excluding ( 1) physical therapy, (2) occasional medical or nursing care to address non-chronic and non-recurring conditions such as colds, flu, or household injuries , and (3) assistance with routine living activities not aimed at recovery from specific diagnosed conditions. 2 • ~. . , • • • Detention Facility: Detention facility includes ( 1) facilities for the judicially required detention or incarceration of people, where inmates or detainees are under 24 hour supervision by sworn officers, except when on approved leave, or (2) group homes, halfway houses, or alternatives to incarceration for the individuals previously convicted of a sexual assault, sexual abuse, or other sex-re lated criminal offences. Provided that the use otherwise complies with this definition, a Detention Facility may include, by way of illustration, a prison, jail, probation center, juvenile detention home, or halfway house for sex offenders. Detention Facilities do not qualify as either Small Group Living Facilities, Small Treatment Facilities, or Large/Special Treatment Facilities. 16-4-23-1: Group Living Facilities: Change the Table so that the 6th zone district column reads R2C SPS instead of R2C. Delete 16-4-23-2:A and replace with: A. No group living facility shall be located closer than : 1. 750 feet from any day care facility for children or any elementary, middle, or high school; or 2. 1,250 feet from another group living facility. Delete 16-4-23-2:E and replace with: E. Any Group Living Facility whose residents include any individual who has been convicted by any court of more than one misdemeanor or felony involving property damage or personal injury that was committed while he or she was a resident of the Group Living Facility shall be deemed to be a public nuisance, and shall be subject to those enforcement actions and penalties applicable to other public nuisances within the City. Add to 16-4-23-2:F the following phrase at the beginning of the first sentence: "Within 30 days after initiating operations, and within 30 days of moving operations to a different facility, and" Delete 16-4-23-3: Parking Regulations. Change 16-4-23-4: Reasonable Accommodation, in the last sentence after the words "the Director of Neighborhood and Business Development" add the words "or his or her designee" 16-5-5: Private Off-street Parking Standards: Add the following parking standards: Dormitories, fraternities, and sororities -one parking space per two beds Nursing homes -one parking space per four resident beds plus one parking space for each three employees Group Living facilities -one parking space per four resident beds, plus one parking space for each staff 3 }1 E .\I 0 R 1 .V D t .\I TO: Englewood Planning and Zoning Commission THRU: Robert Simpson, Director, Neighborhood and Business Development FROM: Harold J. Stitt, Senior Planner &-- DATE: May 12 , 1999 SUBJECT: Case #OR 99-02 Public Hearing -Group Living Ordinance -May 18 , 1999 REQCEST: Staff requests that the Planning and Zoning Commission review, take public testimony, and provide comment on the proposed Group Living Ordinance . RECOMME~l)ATION: Staff recommends that Planning and Zoning Commission approve the Group Li ving Ordinance and forward it to City Council for final action. PREVIOUS PLAt~NI~G At~D ZONING COMMISSION ACTION: P lanning and Zoning Commission reviewed a draft of the proposed Group Li ving Ordinance at a study session on January 5, 1999. BACKGROUND: Group homes (group living) have become an issue with Englewood residents and City Council over the past few years. Specifically, these issues concern the legality of this use in the residential zone districts. To address these issues, some background information about group homes and relevant state and federal regulations has been briefly provided below. At the state level, two departments , the Department of Human Services and the Department of Public Health and the Environment regulate group homes. The regulatory distinction is based on whether a group home provides social services or health services. The size of these group homes ranges from single-family dwellings to large institutional care facilities . At the federal level , the Fair Housing Amendment Act of 1988 (FHAA) extended the federal government's authority to prohibit discrimination under the Title VIII (popularly called the Fair Housing Act) of the 1968 Civil Rights Act. Title VIII prohibits discrimination on the basis of race, color, religion , sex and national origin. To this list of protected classes. FHAA added handicapped person s and families with children under the age of 18 . The FHA.A. defines handicap as a person • • with a physical or mental impairment that substantially limits one or more of such person's major • life actJ.v1tJ.es, who has a record of such impairment or who is regarded as having such an • impairment. The term does not include current illegal use or addiction to a controlled substance. • • ORDINANCE PROPOSAL: The approach to the regulation of group living faci lities has been to create a Group Living Ordinance that: • Protect the rights of Englewood residents from impacts associated with group living facilities, • Protect the rights of group living facility residents against discrimination in housing, and • Be consistent with state and federal laws. The proposed Group Living Ordinance creates three categories of group living facilities: small group living facilities, small treatment centers, and large/special group living facilities. Small group living facilities are permitted as a use by right in all zone districts where residential use is permitted. Small treatment centers and large/special group living facilities are permitted as a use by right only in the B-1 and B-2 zone districts and as a conditional use in the R-3 and R-4 zone districts . The Ordinance includes use regulations that apply to permitted and conditional use group living facilities. These regulations are designed to protect the neighborhoods as well as the facilities themselves. These regulations are: 1. No Group Li vi ng facility shall be located closer than 750 feet from any day care facility for children , elementary or high school , or another group living facility . 2. Structures containing Group Living uses shall be no taller than the average height of the three primary structures on the same block located closest to the group living structure. 3 . Twenty-four-hour supervision shall be provided by qualified staff. 4 . All facilities shall be located so as to provide convenient access to grocery and other retail stores and other commercial services , public transportation access points , and public recreation facilities . 5. Any Group Liv ing facility whose residents are identified as having participated in acts of vandalism or harassment on more than six occasions within any calendar year shall be deemed to be a public nuisance, and shall be subject to those enforcement actions and penalties applicable to other public nuisances within the City. 6. On or before December 31 of each calendar year , the operator of each Group Living facility shall submit to the Department of Financial Services a photocopy of a valid and current certificate or license issued by the State of Colorado if an y such certificate or lice nse is required for the operation of the facility . 2 7. If active and continuous operations are not carried on for a period of 12 consecutive months in a Group Living facility approved as a conditional use, the Group Living facility shall be considered to be abandoned. The use may be reinstated only after obtaining a new conditional use approval. The conditional use requirements have been strengthened with the addition of specific findings that the Commission must make in order to grant approval of a Group Living Facility Conditional Use. Finally, a reasonable accommodation provision has been added to help avoid a potential lawsuit over the Fair Housing Act. Another change brought about by this proposed Ordinance is the inclusion of new terms and phrases and the elimination or redefinition of current terms and phrases from the definition section (16-8-1) of the Zoning Ordinance. To be eliminated are: boarding and rooming house, extended care facility , family , group home, institutional use, and nursing home. Redefined is household and added are household living, group living facility , large/special group living facility, small group living facility, and small treatment facility. The most significant change here is the replacement of the term family with household. The new definition of household increases the number of unrelated individuals from 4 under the family definition to 8 . This chang ·~ brings the Zoning Ordinance in line with state and federal regulations as well as being consistent with recent court cases. Coupled with this new ordinance is the repeal of the current group home provisions in the R-2, • R-2-C , R-3 , and R-4 zone districts. Once in place this ordinance will replace the current • inconsistent zoning treatment of group living facilities with regulations that are constitutionally supported and community protective. ATTACHlVIENTS: Group Living Ordinance • 3 ,.· ,, 42 uses § 3604 PUBLIC lli.-\L TH AND WELF (f)(l) To discriminate in the sale or rental. or to otherwise make unavailable or deny, a dwelling to any buytf. or renter because of a handicap of-' ' (Al that buver or renter. (Bl a person residing in or intending co re s ide in that dwelling after it is so sold. rented, or made av able : or "!'!:. (C) any person associated with that buyer or renter. ~ (21 To discriminate against any person in the renns. conditions. o r privileges of s ale or rental o f a dweU.. ing, or in the provision of services or facilities in co nnection with s uch dwelling. because of :i handicap of-''f (A) chat person: or , · · • (B ) a person residing in or intending co reside in rhat dwelling after it is so so ld. rented. or made avail~· able: or .. .,,. (C) any person associated with chat person. .:1 . (3) For purposes of this subsection . discrimination includes-:·.~ (A ) a refusal ro permit, at the expense of the handicapped person. reasonable modifications o i existing premises occupied or co be occupied by s uch person if s uch modific:itions may be necess ary ro afford such person full enjoyment o f rhe premises acepc rhat. in rhe c ase of a rental. rhe landlord ma y where it is reasonable co do so co ndit io n pennission for a modification o n the renter agreeing co restore the interior o f rhe premises co rhe co ndition rh:i c existed before rhe modification. reasonable wear and rear excepted. [;] (B ) a refusal co make reasonable accommodations in rules. pol icies. practices. or services. when such accommodatio ns may be necessary co afford su ch person equal o pportunity co use :ind enjoy a dwell- ing; or (C l in connectio n with rhe design and co nstru ctio n oi covered multifamily dwellings fo r rirsc occupancy after rhe da ce thac is 30 months after che dace o i enactment o f che Fair Ho us ing . .\mendments :\ct oi 1988 [enacted Sept. 13. 19881. :i failure co design and co ns truct rhose dwellings i; s uch :i manner rhat- (i) rhe p ublic use and co mmon use po rt ions or such dwellings :ire readilv accessible co Jlld us able by handicapped perso ns: li r1 all che doors desig ned ro allow passage int o and wichin a ll premises within s uch dwellings are s uffic ien tly wide co allow passage by handicapped persons in wheelchairs: Jlld (iii ) all premises within s uch dwel lings co ntain che following fea rure s o i adaptive desi gn : m an J c cessible route int o and through rhe dwelling; ([!) li ght sw icches . electrical out lets. chennostats. and other environmental controls in ac c ess ible locations: (III) reinforcements in bathroom walls ro allow la cer inscallaci o n o f grab bars: and (IV ) usable kitchens and bathrooms s uch th ac an indi v idual in a wheelchair can maneuver abour the s pace. (4) CompliJnce wirh rhe appropriare requirements o f rh e .-\merican ~a r io n al Standard for buildings and facilities providing J ccess ibiliry and usabilirv for physically handicJpped pe o ple (c o mmonl y ci ted as "ANSI .-\117.l "l s uffices co satisfy th e requiremencs or parJgraph r3l!C )ri ii l. (5 )(Al If a Srace nr unir o f gener:i l lo cal government has incorporated into irs l:!ws rhe requirements set forth in paragrJph 1))(Cl . co mp liance with such laws shall be deemed ro satisfy the requirements of that paragra ph. (B ) A Scare or unir o f general lo cal govemmenc may re view and approve newly consrructed covered multifamily dwellings for the purpose of making dererminacions as ro whether che design and construc- tion requirements o f paragraph 13)(C) are mer. (C) The Secretary shall encourage. bur may not require . State s and unics o f lo cal government co include in their existing procedures for the re vi ew and J pproval or newly c onstructed covered multifamily dwellings . determinations JS to whether the design and c onstruction of such dwellings are consistent with paragraph t 3l(C), and shall provide technical Jssiscance co Sca res and units of local government and other persons ro implement the requirements o f paragraph r 3 )(C ). (0) Nothing in thi s cirle shall be construed co require che Secretary co review or approve the plans. designs or consrruc cio n of all covered multifarni lv dwellings , co determine whether the design Jlld constructio n o r such dwellings :ire consistent wirh the requir~ments of paragraph J(C ). - (6)(A) Nothing in paragrJph t5l shall be co nstrued co affect the auchoriry Jlld responsibil ity oi the Secrecary or J Scace or local public agency certified pursuant co section 810!fHJl o f this .-\ct [42 USCS § 361O(f)(3)) co recei ve and process co mplaints or otherwise e ngage in enforcemenc Jcti vities under chi s title . (B l Determinations by a Stare or a unit o f general lo cal government under paragraphs (5)(A J and r B) shall not be conclusive in enforcement proceedings under this ritle . (7) As used in this sub section. the cenn "covered multifamil y dwellings" means- (A ) buildings consisting of 4 or more unirs if s uch b ui ldings have one o r more ele vators: and (B l ground t!oor uni rs in other buildings co nsist ing of 4 or more uni cs . (8) Nothing in this tirle shall be consrrued-ro i nvalida~e o r li mit an y law o f a State or political subdivisio n of a Scare. or other jurisdiction in which thi s ri rle shall be effecrive. rhar requires dwellings co be designed and co nstruc ted in a manner rhar affo rds ham licapped persons greater access than is required by chis ritle. (9) Nothing in rhis sub se ction require s that J dwelling be made available co an indiv idual whose tenancy wo uld co nstiruce a direct threat to the hea!ch or saiecv of ocher individuals or whose tenancv would result in su bstantial physical damage to rhe property of o rh~rs . • (As amended Sept. 13. 1988 . P L. !00-BO. §§ 6iaJ-(bJ(2). fe j. 15. 102 Star. 1622 . 1623. 1636 .) 222 Personal Care Boarding Homes 25-27-102 Legislative declaration. Definitions. License required -criminal and civil penalties. Minimum standards for personal care boarding homes -rules. License -application -inspection - issuance. License denial. suspension. or revocation. 25-27-107 . License fee. 25-27-107 .5 . Personal care boarding home cash fund created. 25 -27-108. Enforcement -ability to contract. 25-27-109 . Lis t o f licensed facilities main - tained by the department. 25-27-110. Advisory committee -sunset review. 25-27-111. Regulations. 25-27-112. Treatment -religious belie( ,j}i7-101. Legislative declaration. In order to promote the public health and welfare 'me people of Colorado, it is declared to be in the public interest to establish minimum ." .. ~''dards. rules. and regulations for personal care boarding homes in the state of Colorado iDd to provide the autho rity for the administration a nd enforcement of such minimum ~dards. rules. and regulations. These standards, rules. and r.egulations sh.all be sufficient to aiiire the health. safety, and welfare of personal care boardmg home residents. ·-. ~- ~ Source: L. 84: Entire article added. p. 789. § 1. effective July 1. L. 85: Entire section iioended. p. 924, § 1. effective July 1. .... '\·zs..27-102. Definitions. As used in this article. unless the context otherwise requires: .r.(1) Repealed. ~}:~2) "Department'' means the department of public health and environment of the state of Colorado . .. ,_:': (3) to (5) Repealed. :r.~_[··~(6) "Local board of health .. means any local. county. district. or regional board of ~·health. >' (7) Repealed. ) · (8) "Personal care boarding home" or ·'home" means a residential facility that makes ~< available to three or more adults not related to the owner of such facility, either directly or ~·indirectl y through a provider agreement. room and board and personal services. protective '~} oversight. and social care due to impaired capacity to live independently. but not to the ~ ext ent that regular twenty-four-hour medical or nursing care is required. The term "person- .... '. al care boarding home .. does not include a facility holding a current certificate of authority · <.: to operate as a life care facility issued pursuant to article 13 of title 12, C.R.S .. any facility .,;{. licensed in this state as a residential care facility for individuals with developmental dis- ''.· abilities. anv facilitv licensed in this state as a residential care facilitv for the mentallv ill. or ""'~,: any individual residential support services which are excluded from . li censure requirements I ;.::. pursuant to regulations adopted by the department of public health and environment. j .;( · (9) ''Personal services" means those services which the operator and employees of a ; 1 ':-.i\'.' personal care boarding home provide for each resident. including. but not limi ted to: An ! II :-;t environment which is sanitary and safe from physical harm: individ ualized social supervi- .. 0.· s_i on: assistance with transportation; and assistance with activities of daily living, including ' but not limited to bathing, dressing, and eating. (10) "Protective oversight '' means guidance of a resident as required by the needs of the resident or as reasonably requested by the resident including the following: Being ~ware of a resident's general whereabouts. although the resident may travel independently --:• tn the community; monitoring the activities of the resident while on the premises to ensure .(~ !tis health. safety, and well-being. including monitoring of prescribed medications; remind- .:':?. mg the resident to carry out daily J.iving activities; and reminding the resident of any impor- (_ tant activities. including appointments. ··~ . _(11) "State board" means the state board of health. ... · Sotirce: L. 84: Entire article added. p. 789. § 1, effective July 1. L. 85: (1) and (5) repealed .:-\. and (9) amended. p. 1362. § § 23. 24. effective June 28: (3). ( 4 ). and (7) repealed and (8) and .. ··· (9) amended. pp. 928 . 924, § § 7. '.?..effective Jul y 1. L. 90: (8) R&RE , p. 1354. § 1, effective ~;::July 1. L. 92: (8) amended. p. 1398, § 59, effective July 1. L. 94: (2) and (8) amended, p. 2794, :t § 542. effective Julv l. ~. J 27-10.5-101 27-10.5-114 . 27-10.5-115. 27-10.5-116. 27-10.5-117. 27-10.5-118. 27-10.5-119 . 27-10.5-120. 27-10 .5-121. 27-10 .5-122. 27-10.5-123 . 27-10.5-124. 27-10.5-125 . 27-10.5-126. 27-10.5-127. 27-10 .5-128. 27-10.5-129. 27-10.5-130. 27-10 .5-131. 27-10.5-132. 27-10 .5-133 . 27-10.5-134. 27-10.5-135. 27-10.5-136. 27-10.5-137. 27-10.5-138. 27-10.5-139. Institutions· 996 Right to medical care and treatment. Right to humane care and treatment. Right to religious belief.. practice, and worship. Rights to communications and visits. Right to fair employment prac- tices. Right to vote. Records and con.fidentialitv of information pertaining to ~ligi ble persons or their families. Right to personal property. Right to influence policy. Right to notification. Discrimination. Transfer of residents. (Repealed) Return of residents. (Repealed) Restoration of rights. (Repealed) Sterilization riclns. Competency to give consent to sterilization. Court-ordered sterilization. Confidentiality of sterilization proceedings. Limitations on sterilization. Group homes for the develop- mentally disabled. (Repealed) Civil action and attorney fees. Terminology. Adjudication of competency. (Repealed) Federal funds . Service provision system evalua- tion . (Repealed) Evaluations to determine whether a defendant is mentally retarded for purposes of class 1 felony trials. PART2 27-10.5-208 . Service provision system evalua- tion. (Repealed) PART3 REGIONAL CENTERS 27-10.5-301. 27-10.5-302. 27-10.5-303. 27-10 .5-304. 27-10.5-305. 27-10.5-306. 27-10 .5-307 . 27-10.5-308. 27-10.5-309. Regional centers for persons with developmental disabilities. Directors. . Annual reports -publications.·· Admissions. Endowment fund. Gifts -receipt and disposition. Expenditures. Buildings -Pueblo. (Repealed) Lease of property at regional center -regional center enter- prise fund-: creation. PART-+ FA..'v!ILY Sl.iPPORT SERVICES 27-10 .5-401. 27-10.5-402. 27-10.5-403. 27-10.5-404. 27-10.5-405. 27-10.5-406 . 27-10.5-407. Legislative declaration. · Purpose. Definitions. (Repealed) Administration · duties of department. Family support councils. Authorized family support ser- vices. Rules and regulatioris.. PARTS COLORADO FAMILY SUPPORT LOAi"I FUND 27-10 .5-501. 27-10.5-502. 27-10.5-503 . STATE PLANNING COl.iNCIL ON DEVELOPMENTAL DISABILmEs Legislative declaration. Colorado family support loan fund -creation -loans to families. Duties of the department with regard to the fund. 27-10 .5-201. 27-10.5-202. 27-10.5-203. 27-10 .5-204 . 27-10.5-205. 27-10.5-206 . 27-10.5-207 . Legislative declaration. Definitions. Establishment of state planning council. Development of the state plan. Powers and duties. State planning council employees. Cooperation of departments. PART6 STIJDY OF SELF-SlJFFICIENCY TRUSTS 27-10.5-601. Study of group trust funds for .the purpose of providing lifetime. services and supports to persons: 'lj+. with developmental disabilities. : ;,, (Repealed) PARTl RIGHTS OF DEVELOP~.1ENTALLY DISABLED 27-10.5-101. Legislative declaration. (1) In recognition of the varied, extensive, an. substantial needs of persons with developmental disabilities, including the urgent need to enhance the development of children with developmental disabilities, the general assembl ~ ·.···: 5, a fr le Care and Trearmenr of the Developmentally Disabled 27-10.5-102 ject to available appropriations and subject to the existence of appropriate services and pports with available resources. hereby declares that the purposes of this article are: . (a) To provide appropriate services and supports ro persons with developmental dis- .abilities throughout their liferimes regardless of their age or degree of disability: ~: (b) To prohibit deprivation of liberty of persons with developmental disabilities. except when such deprivation is for the purpose of providing services and supports which consti- tute the least restrictive available alternative adequate to me er the person's needs. and to ensure that these services and supports afford due process protections: . ! (c ) To ensure the fullest measure of privacy. dignity. rights. and privileges to persons • with developmental disabilities: ':. ( d) To ensure the provision of services and supports to all persons with developmental : disabilities on a statewide basis: · (e) To enable persons with developmental disabilities to remain with their families and -in their home communities. to minimize the likelihood of out-of-home placement. and to · enhance the capacity of families to meet the needs of children with developmental disabil- ities: (f) To provide community services and supports for persons with developmental dis- abilities which reflect typical patterns of everyday living: (g) To encourage state and local agencies to provide a wide array of innovative and cost-effective services and supports for persons with developmental disabilities: (h ) To ensure that persons with developmental disabilities receive services and sup- . . ports which encourage and build on existing social networks and natural sources of support. '+· and result in increased interdependence. contribution. and inclusion in community life: and ":': (i) To recognize the efficacy of early intervention services and supports in minimizing f. developmental delays and reducing the future education costs to our society. ·•f. •':'. . ~· Source: L. 75: Entire anicle added. p. 906. § 1. effecrive Julv 1. L. 85: Entire section amended. p. 983. § 1, effective July 1. L. 92: Entire section amended. p. 1350. § 1. effective July 1. The state has a uthority to enact legislation for the welfare of developmentally disabled citizens under ics police powers. Glennon Heighcs. Inc. v. Cencral Bank&: Trust. 658 P.:?.d 872 (Co lo . 1983 ). Applied in Adams Councy Ass·n for Retarded Cicizens. Inc. v. C ity ofWestminster.196 Colo. 79, 580 P.:?.d 1246 (1 978 ). 27 -10..5-102. Definitions. As used in this article. unless the context otherwise requires: (1 ) .. Aurhorized representative .. means an individual designated by the person receiv- ing services. or by the parent or guardian o f the person receiving services. if appropriare. to assist rhe person receiving services in acquiring or urilizing services or supports pursuanr to this article. The extent of rhe aurhorized representarive ·s involvemenr shall be derennined upon designarion. (2) .. Case mana£ement services .. means the following: (a) The determination of eligibility for services and s-upports: (b) Service and support coordination: and (c ) The monitoring of all services and supports delivered pursuant to the individualized plan. and the evaluation of results idenrified in the individualized plan . (3 ) ··community centered board .. means a private corporation. for profit or not for profit. which. when designated pursuant to section 27-10.5-105. provides case management services to persons with developmental disabilities. is authorized to determine eligibility of such persons within a specified geographical area. serves as the single point of entry for per- sons to receive services and supports under this article. and provides .authorized services and supports to such persons either directly or by purchasing such services and supports from service a!!encies. ( 4) .. Community residential home .. means a group living situation accommodating at least iour but no more than eight persons. licensed by the state. where services and supports are provided to persons with developmental disabiliries. ··community residential home" is synonymous with group home or community-based residential facility as referenced in titles 25. 26. and 30. C.R.S. (5 ) ·'Co nsent " means an informed assent. which is expressed in writing and is freely given. Consent always shall be preceded by the: following: ,. 1J ' Care and Treatment of the Developmentally Disabled 27-10 .5-102 ; {' "" "Gastrostomy tubes " means a tube which has been surgically inserted into the ~a through the abdominal wall. or a tube which has been inserted through the nasal ~nto the stomach. or both. ; (17) "Human _rights committee .. mea_ns a third-party mechanism to adequately safe- juard the legal nghts _of persons rece1vmg serv.1ces by parnc1patmg m the grnnting of nformed consent. momtormg the suspension of nghts of persons rece1vmg services. moni- :oring behavior development programs in which persons with developmental disabilities ire involved. monitoring the use of psychotropic medication by persons with developmen- tal disabilities. and at the committee 's option. either providing or ensuring the investigation of allegations of abuse or neglect of persons with developmental disabilities who are receiv- ing services or supports under this article. . ( 18) "Inclusion .. means: (a) The use by persons with developmental disabilities of the same community resources that are used by and available to other persons: (b) The participation by persons with developmental disabilities in the same communi- ty activities in which persons without developmental disabilities participate. Participation includes regular contact with persons without developmental disabilities; (c) Vocational experiences for persons with developmental disabilities in community settings that offer opportunities to associate with other individuals who do not have devel- opmental disabilities: and (d) Living in homes which are in residential neighborhoods and in proximity to com- munity resources. (19) ''Independent residential support services " means a community living situation. defined by the department. where services and supports are provided to no more than three persons with developmental disabilities, which is not required to be licensed by the state. (20) (a) .. Individualized plan .. means a written plan designed by an interdisciplinary team for the purpose of identifying: (I) The needs of the person or family receiving services: (IT) The specific services and supports appropriate to meet those needs: (III) The projected date for initiation of services and supportS: and fIV) The anticipated results to be achieved by receiving the services and supports. • Every individualized plan will include a statement of agreement with the plan. d by the person receiving services or other such person legally authorized to sign on behalf of the person and a representative of the community centered board. (c) Any other service or support plan. designated by the department which meets all of the requirements of an individualized plan. will be considered to be an individualized plan pursuant to this article . (21) ·'Infants and toddlers .. means a child with a developmental delay from birth to the age of three years. (22) "Interdependence .. means those multiple interactive relationships which are nec- essary to create a sense of belonging and support between people which are mutually sought. sustained over time. and are beneficial to those involved . (23) "Interdisciplinary team .. means a group of people convened by a designated com- munity centered board which shall include the person receiving services, the parents or guardian of a minor. a guardian or an authorized representative, as appropriate, the person who coordinates the provisions of services and supports. and others as determined by such person's needs and preference. who are assembled to work in a cooperative manner to develop or review the individualized plan. (24) "Least restrictive setting '' means an environment that represents the least depar- ture from the normal patterns of living and which effectively meets the needs of the person receiving services. (25) "Person receiving services" means a person with a.tlevelopmenral. disability who is receiving services or supports pursuant to this article. (26) "Referral and placement committee .. means an interdisciplinary or interagency committee authorized by a community centered board or the department to make referral and placement recommendations for persons receiving services. · (27) "Regional center'· means a facility or program operated directly by the depart- ment. which provides services and supports to persons with developmental disabilities. Child Care Centers 26-6-102 1835 18 j \ (5.1) .. Homeless youth shelter" means a facility that. in addition to other services it may I provide. provides services and mass temporary shelter for a period of three days or more to ';ii'. youths who are at least fifteen years of age. or older. and who otherwise are homeless youth fr as that term is defined in section 26-5. 7-102 (2). ~~, (5.3) "Kindergarten '' means any facility providing an educational program for children J· only for the year preceding their entrance to the first grade. whether such facility is called a ':r. kindergarten. nursery school. preschool. or any other name . . ? (5.5) .. Licensing " means, except as otherwise provided in subsection ( 4.5) of this s ec-* tion. the process by which the department approves a facility, except foster care homes. for ';'. 1 the purpose of conducting b usine ss as a child care facility. ,~ .' (_6) . -_·Person " means any corporation, partnership, association. firm. agency, institution. -'; or md1v1dual. ·~: (6.5) "Place of residence " means the place or abode where a person actually lives and f' prov ides child care. ~· · (7) ''Related" means any of the following relationships by blood. marriage. or adoption: f Parent. grandparent. brother. sister. stepparent, stepbrother, stepsister. uncle. aunt. niece. t;~ nephew. or co usin . ~· · {8) ··Residential child care facility" means a facility lic e nsed by the department pur- ~-si.iant to thi s part 1 to provide twenty-four-h our gro up care and treatment for five or more :; children operated under private or nonprofit sponsorship. A residential child care facility ~ may be eligible for designation by the executive director of the department of human ser- :r vices pursuant to article 10 of title 27 . C.R.S. ';¥: : (9) ·'Secure residential treatment center" means a facility operated under p rivate own- !: ersbip tha t is licensed by the department pursuant to this part 1 to provide twenty-four- ~~~. hour group care and treatment in a secure setting for five or more children or persons up to '.~ the age of twenty-one years over whom the juvenile court retains j urisdiction pursuant to ;:.·section 19-2-104 (6), C.R.S .. who are committed by a court p ursuant to an adjudication of ft, delinquency o r pursuant to a determination of gu ilt of a delinquent act or having been con-? victed as an adult and sentenced for a n act that would be a crime if co mmitted in Colorado . . ~:or in the committing j urisdiction. to be placed in a secure facility. 1.-.·-: r~: .... &:.· • Source: L. 67: p. 1040. § 3. C.R.S. 1963: § 119-8-2. L. 69: p . 993. § 2. L. 75: (1) amended, i p. 217 . § 53 . effective July 16. L. 77: (6) amended. p. 1005. § 6. effective May 16. L. 81: (8) t#.'. adde d . p. 1034. § 10. effective July 1. L. 86: (l)(a ) amended. p . 1001. § 1. effective May 28 . l L 88: (l)(a ) amended. p. 831. § 41 , effective May 24. L. 89: (9 ) added. p. 1220. § 1. effective ~.May 26. L. 90: (l)(a) amended and (3.5 ) added. p. 1395 . § § 4 . 5. effective May 24: repeal :ti. provision in (3 .5)(b) added by revision. see p . 1400. § 15. effective May 24. L. 91: (9 ) I amended. p. 1882. § 1. effective March 11. L. 93: (3) amended. p. 1156. § 112. effective July ~~ 1, 1994. L. 94: (8) amended. p. 2705. § 268 . effective July 1: (4) amended. p. 1044, § 2 . effec- i tive January 1. 1995. L. 96: (8) and (9) amended. p. 806. § 3. effective May 23: (1). (2), and J (4) amended and (1.5 ), (4.5), (5 .3). (5 .5 ), and (6.5) added, p. 252. § 3. effective July l; (9) ;»' ... l!, amended . p. 1697, § 42, effective January 1, 1997 . L. 97: (5.1 ) added. p. 982, § 4, effective ~M n l ;·ay ___ . . ~r Editor's note: (1) Subsection (3.5)(b ) provided for the repeal of subs ection (3.5 ), effective July 1. -~. 1?95 . (See L. 90 . p. 1400.) ~:.::. (2) Ame ndments to subsection (9) by House Bill 96-1005 and House Bill 96-1180 were harmo-lt ruzed. . '. ,._ ··;.'.. Cross references: For the legisla ti ve declaration co nta ined in the 1993 act amending thi s section. see section 1 of chapt er '.:30 . Session Laws of Col orado 19 93 ; for the legislative declaration cont ained in }he 1994 act amending subsection (8), see section 1 of chapter 345. Session Laws of Colorado 1994. tjj;: :f Am. f ur.2d. See 39 Am. Jur.2d . Health . . § 19-..:.2-26; 79 Am. Jur.2d , Welfare Laws, · f. § 49 , 69. :.c .Law reviews. For note. "Licensing of Occupa - tlo ::is «nd Proiessions in Colorado". see 35 Dicta -~~-(19 58). Adoption of section permitting developmen- tally disabled persons to live in group homes reflects legislative intent to assist such persons to live in normal residential surroundings. Double D Manor v. E \·er!!ree n :Yfeadows. 773 P.2d 1046 (Colo. 1989). - 26-6-101.5 Human Services Code ment o f human services is faced in its attempt to ensure a safe and sanitary envtronment for -. those children of the state of Colorado who are in child care facilities. In an effort to reduce -,._, the nsk to children outside their homes while recognizmg the financial constraints placed :·;, upon the department. it is the intent of the general assembly that the limited resour1:e3 ·, av~ilable_ be focused primarily on those child care facilitie_s that have demonstrated that · 1-.• 1 children m thetr care may be at higher nsk pursuant to section 26-6-107 . .~ ~ ·: .l .:. .. Source: L. 94: Entire section added. p. 1044, § 1. effective January 1, 1995 . L. 96: Entire ·~~ section amended. p. 251, § 2. effective July 1. .. ~1.::~_;'· . 26-6-101.5. Legislative declaration concerning employer-sponsored on-site child Can! __ centers. (Repealed) i Source: L. 90: Entire section added. p. 1395. § 6. effective May 24: repeal provision in (2~ "? added by revision. see p. 1400 . § 15. effective May 24. . · ·~ Editor's note: Subsectio n (2) provided for the repeal of this section, effective July 1, 1995. (See L. 90,.. -.~ p. 1400.) -~ 26-6-102. Definitions. As used in this article. unless the context otherwise requires: _ (1) .. Certification '" means the process by which the county department of social servic:eS· or a child placement agency approves the operation of a foster care home. -,~ .~~ (1.5) ··Child care center .. means a facilirv. bv whatever name known. that is maintained · . .,_ for the whole or part of a day for the care of five or more children who are eighteen years " ~ .. of age or younger and .vho are not related to the owner. operator. or manager thereof.: .,_. whether such facility is operated with or without compensation for such care and with or ;~· without stated educational purposes. The term includes. but is not limited to. facilities com- monly known as day care centers. school-age child care centers. before and after school pro-., grams. nursery schools. kindergartens. preschools. day camps. summer camps. and centers · for de velopmentally disabled children and those facilities that give twenty-four-hour care , .. for children and includes those facilities for children under the age of six years with stated ;;. educational purposes operated in conjunction with a public. private. or parochial college or }i a private o r parochial school: except that the term shall not apply to any kindergarten main-·'·· rained in connection with a public . private. or parochial elementary school system of at least · :.' six grades. The term shall not include any facility licensed as a family child care home or fas-·, ter care home. . .' l .,. (2) ··Child placement agency .. means any corporation. partnership. association. firm, ,,; agency. institution, or person whatsoever who places or who arranges for placement ior ,~: care of any child under the age of eighteen years with any family. person. or institution· other than persons related to said child . A child placement agency may place or arrange for the placement of a child for the purpose of adoption or foster care. The natural parents .or, ·" guardian of any child who places said child for care with any facility licensed as a "family .. " child care home " or ·'child care center" as defined by this section shall not be deemed a child placement agency. ' >. , (3) "'Department" means the department of human services. ' .~ ·' (3 .5) Repealed. · (4) ''Family child care home" means a facility for child care in a place of residenc.e_of a ) family or person for the purpose of providing less than twenty-four-hour care for childr~?.! !-' under the age of eighteen years who are not related to the head of such home. ·) (4.5) "Foster care home " means a facility that is certified by the county department or: ; a child placement agency for child care in a place of residence of a family or person for th~; purpose of providing twenty-four-hour family care for a child under the age of eighteen; years who is not related to the head of such home. except in the case of relatiY_e care. "Pi~ :i; term includes any foster care home receiving a child for regular twenty-four-hour c~e ~,d i :~ any home receiving a child from any state-operated institution for child care or from anY.! -.; child placeme nt agency, as defined in subsection (2) of this section. ''.Foster care .home ''.~~ -:,~ includes those homes licensed by the department of human services that receive ne1tp<:•,; / moneys from the counties nor children placed by the counties.' ~i (5) "Guardian"' means the guardian of the person of a minor. ;,,'.J'.ll :~ . . ~ Colorado Medical Assistance Act 26-4-103 Fysic<i:l presence in the United States is known to and allowed by the immigration and -namralizauon service. · · (9) "Liable .. or "liability .. means the legal liability of a third party. either by reason of ::JUdgment. sertlement. c_ompromise. or contract. as the _result of negli_gent acts .or other wrongfu l acts or otherwise for all or any part of the medical cost of an iniury. a disease. or ! the disability of an applicant for or recipient of medical assistance . ;:. (9.5) ··.\{anaged care system '' means a system for providing health care services which fucegrates both the delivery and the financing of health care services in an attempt to pro- 1 Vide access to medical services while containing the cost and use of medical care. ~ (10) ··Medical assistance·· means payment on behalf of recipients to enrolled providers 1t under the state medical assistance program of medical care. services. goods. and devices rendered or provided to recipients under this article. and other related payments. pursuant ·to this article and the rules and regulations of the state department. '\ .1... (11) "Nursing facility'· means a facility. or a distinct part of a facility, which meets the ·Suite nursing home licensing standards in section ~5-1-107 (1) (I) (I ), C.R.S .. is maintained primaril y for the care and treatment of inpatients under the direction of a physician. and meets the requirements in 42 U.S.C. sec. 1396d for certification as a qualified provider of ·nursing facility services. The patients in such a facility require supportive . therapeutic. or -compensating services and the availability of a licensed nurse for observation or treatment on a twenty-four-hour basis. Nursing care may include but is not limited to terminal care ; • extens ive assistance or therapy in the activities of daily living: continual direction. supervi - . ·.:Y sion. or therapy: extensive assistance or therapy for loss of mobility: nursing assessment and ·-I servic es which involve assessment of the total needs of the patient. planning of patient care. •1: and observing. monitoring. and recording the patient's response to treatment: and monitor- -~~ ing , observing. and evaluating .the drug _~regime:i . '·Nursing facility·· includes private. non- . ·. \ profit . or proprietary intermediate nursing fac1!1t1es for the mentally retarded or develop- s ,~~ mentall y disabled. ,:;, (11.5 ) ··overpayment .. means the amount paid by an agency administering the medical -~~ assistance program to an enrolled provider under the state medical assistance program par- . _f,_ ticipating in the program. which amount is in excess of the amount that is allowable for ser- -~-~ vices furnished and which is required by Title XIX of the social security act to be refunded to the appropriate medicaid agencies. (12) '"Patient personal needs trust fund·· means any fund or account established by the nursing care facility or intermediate ca re facility or its agents. employees. or designees to manage the personal needs funds of the facility 's patients. (13) '"Personal needs funds" means moneys received by any person admitted to a nurs- ing care facility or intermediate care facility. which moneys are received by said person to purchase necessary clothing. incidentals. or other personal needs items which are not reim - bursed by any federal or state program. or items of value. which moneys or items of value are in any way surrendered to the management or control of said facility. its agents, employ- ees. or designees. (13.5) .:-Provider" means any person. public or private institution. agency. or business concern providing medical care. services. or goods authorized under this article and holding, where applicable. a current valid license or certificate to provide such services or to dis- pense such goods and enrolled under the state medical assistance program. These services must be provided and goods must be dispensed only if performed. referred. or ordered by a doctor of medicine or a doctor of osteopathy. Services of den tis ts, podiatrists, and optome trists or services provided by a school district under sectio n 26-4-531 need not be referred or ordered by a doctor of medicine or a doctor of osteopathy . . (13.7) "Qualified alien" shall have the meaning ascribed to that term in section 431 (b) of the federal .. Personal Responsibility and Work Opportunity Reconciliation Act of 1996'', Public Law 104 -193, as amended. (14) "Recipient " means any person who has been determined eligible to receive bene- fits under this article. whose need for medical care has been professionally established. and for whose care less than full payment is available through the legal obligation of a contrac- . t.?r , public or private, to pay for or provide such care. ;. (15) "Recovery" or "amount recovered" means the amount payable to the applicant or .: recipient or his heirs. assigns. or legal representatives as the result of any liability of a third : Party. a:.~, 12-13-101 Professions and Occupations 132 12-13-101. 12 -13-102. 12-13-103 . 12-13-104. 12-13-105. 12-13-106. 12-13-lOi . 12 -13 -108 . 12-13-109 . 12-13-110. Definitions. Catificate oi '1 Uth ority req uired - applica tion. (Repealed ) Issuance, denial. su spension. and revocation of certificate of authoriry. (Re pealed) Escrow ac co unt fo r e ntrance fees. Withdrawal o r dismissal of person -refu nd . R eco rdin g of lie n bv commissio ner. Reserve (eq uir eme.nts. Annual report by providers -fee . R.:habilitatio n of provider. (Repealed) Examination -fee . 12-13-111. 12-13 -112. 12-13-113 . 12-13-114. 12-13-115 . 12-13-116 . 12-13-11 7 12-13-118. 12-13-ll 9. Rules and regulations. Violation. Article do es not apply to facilities licensed by department of public health and environment. Life care contract -co ntent. Register. Ad~ertisements and solicitations of life care contracts -require- ments. Injunction against viola tions - prosecution. Local reg ulatio ns. Na me change not to affect rights or obligatfo ns . (Repe aled ) - U-13-101. Definitions. As used in this article . unless the co ntext o therwise requires : (1 ) ··A ged perso n .. means any person sixty-two yea rs of age o r ol der. (2) ·'Co mmissio n er"' means the stat e co mmiss io ner of financial se rvices. serving in accordance with sectio n 11-..W-102. C.R .S . (3 ) ··Entrance fee .. means th e to tal of a nv initial or de ferred transfer to or fo r the ben- efit of a provider of a sum of money o r ot her .pro perty made o r promised to b e made as full or partial co n siderati o n fo r the acceptance or maintenance of a spec ified individual as a res- ident in a facilitv. ( 4) ··facility'.·· means the place in which a provider undertakes to provide life care to a resident. (5) '"L ife care " means care provide d, pursuant to a life care contract. for the life of a n aged perso n. including but not li mited to serv ices s uch as health care. medical servi ces. board. lodging, or o ther necessities. (6) "'L ife ca re co ntract"· means a wr itte n co ntract to provide life care to a person fo r the duration of s uc h person ·s life condi t io ned upon the transfer of an entrance fee to the pro vider of s uc h service s in additio n to or in lieu of th e payment of regular periodic charg es fo r the ca re and services involv ed. Any life ca re co ntract payable to o r for t he provider in four o r more installments shall be subject to the provisions of the "'Uniform Consumer Credit Code ··. articles 1 to 9 of title 5. C.R.S . (7) "'Living un it'' means a room. apartment. or other are3. within a facility set aside for the exclusive use or co ntrol of one or more identified residents. (8) ·'Person .. means all corporations. as sociations. partnerships. or individuals. including fraternal or b enevolent orders or so cieties. (9) "'Provider" means a person who undertakes to provide services in a facility pursuant to a li fe care con trac t. (10) "Resident '' means any person entitled pursuant to a life care contract to receive life care in a facilitv. (11 ) ·'Third-party service providers" means a n y person. other t han a provider. who is the holder o f a management contract with a provider or who co ntrac ts with a provider to provide life care services to residents. Source: L. 81: Entire ar ticl e R&RE. p. 678. § 1, effective Jul y 1. L. 92: (2). (6). (9), a nd (11) amended. p. 1608. § 153. effective May 20. U·l3-102. Certificate of authority required -application. (Repealed) Source: L. 81: Entire article R&RE. p. 679 , § l. effective Jul y 1. L. 92: Entire sectio n repe:.iled. p. 161 5. § 17.+. e ff e cti ve May 20. 12· 13-103. Issuance. denial, suspension, and revocation of certificate of authority. (Repealed) Source: L. 81: Entire a rticle R&RE. p. 683. § 1. effective July l. L. 92: Entire section repe a led , p. 1615, § 174. effective May 20 . Care and Tr<:!arrnent of the Developmentally Disabled 27-10 . .5-102 ject to available appropriations and subject to the existence of appropriate services and ·ports with available resources. hereby declares that the purposes of this article are: (a) To provide approp.riate services and supports to persons with ~evelopmental dis- . 'ties throughout their lifetimes regardless of the1r age o r degree of disability; -(b) To prohibit deprivation of liberty of persons_ with developmental disabilities. except hen such deprivation is for the purpose of providing services and supports which consti- te the least restrictive available alternative adequate to meet the person's needs. and to . ure that these services and supports afford due process protections: t, ( c) To ensure the fullest measure of privacy. dignity. rights. and privileges to persons ·with developmental disabilities: :u (d) To ensure the provision of services and supports to all persons with developmental disabilities on a statewide basis: -~ !!( e ) To enable persons with developmental disabilities to remain with their families and . in their home communities. to minimize the like li hood of out-of-home placement. and to . enhance the capacity of families to meet the needs of children with developmental disabil- ' ities: ··: (f) To provide community services and supports for persons with developmental dis- ; abilities which reflect typical pacterns of everyday living; · ~ (g) To encourage state and local agencies to provide a wide array of innovative and cost-effective servi ces and supports for persons with developmental disabilities: (h ) To <:!nsure that persons with developmental disabilities receive services and sup- porrs which encourage and build on exis ting social networks and narural sources of support. and result in increased interdependence. contribution. and inclusion in community life: and (i) To recognize the efficacy of early intervention services and supports in minimizing developmental delays and reducing the future education costs to our society . . Source: L. 75: Entire article added . p. 906. § 1. effective July 1. L. 85: Entire section amended . p. 983. § 1. effective July 1. L. 92: Entire section amended. p. 1350. § 1. effective July 1. The state has authority to enact legislation for the welfare of developmentally clisabled citizens under its police powers. Glennon Heights. Inc. v. Central Bank &: Trust. 658 P.2d 872 (Colo. 1983). Applied in Adams Counry Ass·n for Retarded Citizens. Inc. v. City of Westminster. 196 Colo. 79, 580 P.2d 1246 (1978). 27-10..5 -102. Definitions. As used in this article. unless the context otherwise requires: (1) "Authorized representative'" means an individual designated by the person receiv- ing services. or by the parent o r guardian of the person receiving services. if appropriate. to assist the person receiving services in acq uiring or utilizing services or supports pursuant to this article. The extent of the authorized representative's involvement shall be determined upon designation. (2) '"Case management servi ces '" means the following: (a) The determination of eligibili ty for services and supporrs: (b) Service and support coordination: and (c) The monitoring of all serv ices and supports delivered pursuant to the individualized plan. and the evaluation of results identified in the individualized plan. (3) "'Community centered board" means a private corporation. for profit or not for profit. which. when designated pursuant to section 27-10.5-105. provides case management services to persons with developmental disabilities. is authorized to determine eligibility of such persons within a specified geographical area. serves as the single point of entry for per- sons to receive services and supports under this article. and provides authorized services and supports to such persons either directly or by purchasing such services and supports from service agencies. (4) '"Comri'iunity residential home "' means a group living situation accommodating at least four but no more than eight persons. licensed by the state. where services and supports are provided to persons with developmental disabilities. "Community residential home" is synonymous with group home or community-based residential facility as referenced in titles 25. 26. and 30. C.R.S. (5) "'Consent" means an informed assent. which is expressed in writing and is freely given. Consent always shall be preceded by the following: ~ Personal Care Boarding Homes 25-27-102 Legislative declaration. Definitions. License required -criminal and civil penalties. Minimum standards for personal care boarding homes -rules. License -application -inspection - issuance. License denial. suspension. or revocation. 25-27-107 . License fee. 25-27-107.5 . Personal care boarding home cash fund created. 25-27-108 . Enforcement -ability to contract. 25-27-109 . List of licensed facilities main- tained by the department. 25-27-110. Advisory committee -sunset review. 25-27-111. Regulations. 25-27-112. Treatment -religious belief. .: L, 25-27-101. Legislative declaration. In order to promote the public health and welfare ~({the people of Colorado, it is declared to be in the public interest to establish minimum ."Sfundards. rules. and regulations for personal care boarding homes in the state of Colorado ~ind to provide the authority for the administration and enforcement of such minimum ' Sr,andards, rules. and regulations. These standards, rules. and regulations shall be sufficient to assure the health. safety, and welfare of personal care boarding home residents. ;. \t ·· :: ~ Source: L. 84: Entire article added. p. 789 , § l. effective July 1. L. 85: Entire section ·: amended. p. 92.:t . § 1. effective July 1. 'i.- 25-27-102. Definitions. As used in this article. unless the context otherwise requires: · (1) Repealed. ' · (2) "Department'' means the department of public health and environment of the state : of Colorado. · · (3) to (5) Repealed. ·. (6) "Local board of health" means any local. county. district. or regional board of th. (7) Repealed. (8 ) "Personal care boarding home" or "home " means a residential facility that makes available to three or more adults not related to the owner of such facility. either directly or indirectly through a provider agreement. room and board and personal services. protective -oversight. and social care due to impaired capacity to live independently. but not to the extent that regular twenty-four-hour medical or nursing care is required. The term '·person- al care boarding home .. does not include a facility holding a current certificate of authority to operate as a life care facility issued pursuant to article 13 of title 12. C.R.S .. any facility licensed in this state as a residential care facility for individuals with developmental dis- abilities. anv facilitv licensed in this state as a residential care facility for the mentally ill, or any individ~al residential support services which are excluded from.licensure requirements pursuant to regulations adopted by the department of public health and environment . . (9) ''Personal services" means those services which the operator and employees of a personal care boarding home provide for each resident, including. but not limited to: An environment which is sanitary and safe from physical hann: individualized social supervi- sion: assistance with transportation; and assistance with activities of daily living, including but not limited to bathing, dressing, and eating. (10) ''Protective oversight" means guidance of a resident as required by the needs of the resident or as reasonably requested by the resident including the following: Being ~ware of a resident's general whereabouts. although the resident may travel independently m the community; monitoring the activities of the resident while on the premises to ensure his health. safety, and well-being, including monitoring of prescribed medications: remind- ing the resident to carry out daily living activities; and reminding the resident of any impor~ tam activities. including appointments. (11) "State board" means the state board of health. Sotirce: L. 84: Entire article added. p. 789. § 1, effective July 1. L. 85: (1) and (5) repealed and (9) amended, p. 1362. § § 23. 24. effective June 28: (3), ( 4 ). and (7) repealed and (8) and (9) amended, pp. 928. 924. § § 7, 2, effective July 1. L 90: (8) R&RE, p. 1354. § 1, effective uly 1. L. 92: (8) amended. p. 1398 , § 59. effective July 1. L. 94: (2) and (8) amended. p. 2794 , · 542. effective July 1. 'I '! Planning and Zonin g 31-23-303 ~·"··~. ' "~f buildings. structures. or land. All s_uch regulations shall be. uniform for each class or ' of buildings throughout each distnct, but the regulations in one district may differ those in other districts. -~ L. 75: Entire tit le R&RE . p. 1156. § 1. effective July 1. . :.. iur.:?d. See 83 Am. Jur.2d. Zoning and which courts should not ir.te rfere. a nd onlv ~--.-· g. § § 164. 169. where the determination of the zoning au thoriry ~ CJ.S . See 62 C.J.S .. Municipal Corporarions, is so unreasonable. a rbitrary. capricious. and -~~(6 ); lOlA C.J.S .. Zoning & Land P la n-unjustifiable as to amount to a vio lation of con- . • § 40. stitutional rights are the courts permitted to -~w reviews. For article, "The Antitrnst Chal-inrerfere. Nopro Co. v. Town of Cherry Hills Vil- . rlDge to Local Governm~~t Pro_t~ctlon of the !age. 180 Colo. 217. 504 P.2d 344 (1972). · Qntral Business D1smct , see :i:i U. Colo. L. And having different classifications in differ- ·'ltiV. 21 (1983). ent district does not den y equal protection. The ·_"j; Annotator's note. Since § 31-23-302 is similar fact that. under zoning laws. adjoining properties . iO ·rormer § 31-23-202 prior to the 1975 repeal in o ther disrricrs may be put to different and ·'and ·' reenactment of this title. and laws possibly more advantageous uses does not . ailteced ent thereto. relevant cases construing afford a basis for co ncluding t here is a denial of 'those provisions have been included in the equal protection of the laws. Nopro Co. v. Town · innotations to this section. of Cherrv Hills Vi llage. 180 C o lo. 217. 504 P.2d _.:Establishment of zoning district boundary 344 \1972 ): City & County of Denver v. Chuck ·lies in a legi slative function. Zoning necessarily Ru wan Chevrolet. Inc .. 32 Colo. App. 191. 508 :r«:quire s the estabhshment oi boundary li nes P.2d 789 (1973). betwee n different d1stncts and the s elecuon o f Applied in Wood Bros. Homes v. Ciry of Colo. , ~bound ary line is a legislative functio n with Springs. 42 Colo .. .\pp. 15. 592 P.2d 1336 (1978). ·;· 31-23-303. Le gis lative declaration. (1) Such regulations shall be made in accordance · :: ·with a comp re hensive plan and designed to lessen co ng estion in the streets: to secure safe- -~-' ty from fire. panic. floodwaters. and other dangers: to promote health and general welfar e: ':::io provide adequate light and ai r : to prevent the ove rcrowding of land: to avoid undue con- ::centration of population: to promote energy conservation: and to facilitate the adequate :·Provision of transportation. water. sewerage. schools. parks. and other p ubl ic requirements. ~Suc h regulations shall be made with reasonable consideration. among other things. as to the ::·character of the distr ict and its peculiar suitability for particular uses a nd with a view to ~Conserv ing the value of buildings and encouraging the most appropriate use of la nd . ·. throu ghout such municipality. · ~.;~ ., (2) (a ) The general assembly declares that the establishment of state-licensed group ···~homes fo r the exclusive use of developmentally disabled persons is a matter of st atewide . ;~concern and that a state-licensed group home for eight developmentally disabled persons is ~~~7 a residenti al use of property for zo nin g purposes. As used in this su bsectio n (2). the phrase ;;;;;. "J'esidential use of property for zoning p urp oses .. incl u des all form s of residential zoning . ;,;/:and specifically, although not exclusively. si ngle-family residential zoning . "D evelopmental-. · ·:.Jr disabled '" in thi s section means t hose persons having cerebral palsy. multiple sclerosis. ~ mental retardation. a utism . and epilepsy. ,~·) (b ) (I) As used in this paragraph (b ). unless the context otherwise requires: .":·r(A) "Nonprofit group home ·· means a group home fo r the aged which is owned a nd i.'.'~rated by a person o r organization which is exempt from income taxes pursuant to sec- :~ _lion 39-22-112. C.R.S. :·t:t(B) "Owner-occupied group home" means a group home for the aged which is owned ·.~and operated by an individ ual o r indi vid uals who actually res ide at and maintain their pri- ~ place of residence in the group home. ;;";.;(II) The general assembly declares that the establishment of owner-occupied or non- . . profit group homes for the exclusive use of not mo re than eig ht persons sixty years of age ·-14 or older per hom e is a matter of statewide co ncern . The e:eneral assemblv further finds a nd \i declar es that it is the policy of this state to enable and assis t persons suety years of age or older who do not need nursing facilities. and who so el ect. to live in normal residential sur- lOUn~ings. including single-family r esidential units. Group homes for the aged shall be dis - .. ~gu_1s~ed from nursing facilities. as defi ned in section 26-+-103 (11). C.R.S .. and institutions ~ov1dm g life car e. as defined in section 12-13 -101 (5 ). C.R.S . Every municipality having ~ted or which shall adopt a zoning ordinance shall provide for the loc ation of group ~, es fo r the aged. A group home for the age d es tablished under this par agraph (b) shall 31-23-303 Government -Municipal not be located within seven hundred tlity feet of another such group home. unless otherwise.;,_ provided for by the municipality. Nothing in this paragraph (b ) shall be construed to exempt such group homes from compliance with any state. county. or municipal health,: safety. and fire codes. On Apnl 29.1976. every person m:ty years of age o r older who residC3 in a skilled o r inrermediate health care facility and who may be transferred or discharged therefrom to a group home for the aged shall not be so discharged or t ransferred unless he - has received ninety days ' advance written notice thereof or has agreed in writing to the pr~~ posed transfer or discharge. ·. ; : (b.5) The general assembly declares that the establishment of state-licensed group' homes for the exclusive use of mentally ill persons as that term is defined in section 27-I0--- 102. C.R.S .. is a matter of statewide concern and that a state-licensed group home for eight . persons with mental illness is a residential use of property for zoning purposes. as defined _ in sectio n 31-23-301 ( 4 ) . .--\. group home for persons with mental illness established unde~ this paragraph (b.5) shall not be located within seven hundred fifty feet of another such~ group home. unless otherwise provided for by the municipality. No person shall be plaa:d _· in a group home without being screened by either a professional person. as denned in sec-~ tion 27-10-102 ( 11 ). C.R.S .. or :i.ny other such mental health professional jesignated by thC: director of a facility. which facility is approved by the executive director or the department· of human services pursuant to section 27-1-103. C.R.S. Persons determined to be not guil ·- by reason of insanity to a violent offense shall not be placed in such group homes. nor shall; any person who has been convicted of :i felony involving a violent offense be eligibl e fol placement in such group homes. Tne provisions of this paragraph (b.5) shall be implem enc~:, ed. where appropriate. by the rules of the department of public health and environmeri -. concerning residential care facilities for the mentally ill. Nothing in this paragraph (b shall be construed to exempt such group homes from compliance with any state. county, or .· municipal health. safety. and fire codes. ;:~ ( c) Nothing in this subsectio n (2) shall be construed to s uperse de the authority al,; municipalities and counties to regulate such homes appropriately thro ugh local zonini;- ordinances or resolutions. except insofar as such regulatio n would be tantamo unt to profri.:). bition of such homes from any residential district. Tnis sectio n is specifically not to be~ strued to permit violatio n of the provisions of any zoning o rdinance or resolution Wl~. respect to height. setbacks. area. lo t coverage or external signage o r to permit archit e~~ designs substantially inconsistent with the character of th e surrounding neighborhood.~.;. section is also not to be construed to permit conducting of the ministerial activities of an · private o r public o rganizati o n or agency or to permit types of treatment activities or . rendering of services in a manner substantiallv inconsistent with the activities othe __ _ permitted in the particular zoning district. If r~asonably related to the requiremen.ts 9f. · particular home. a local zoning or other development regulations may. without viola ting provisions of this section. also attach specific location req uirements to the approval of _ group home. including the availabilitv of such services and facilities as convenience sto . , commercial services. transportation. and public recreation facilities. . :.:.-:5- (3) The general assembly declares that th e availability and affordability of housUlg residents of this state is a matter of statewide c oncern. It is the purpose of section 31-~ . (5) to promote the public health. safety. and welfare by allowing residents of this stat~. additional opportunity to be able to live in decent. safe. and affordable housing on a manent basis by prohibiting the exclusion of manufactured homes on single sit e lots municipalities where the manufactured homes meet or exceed o n an equivalent pe _ mance engineering basis the standards established by the municipal building code. ··:J~ ·: { Source: L. 75: Entire title R&RE. p. 1156. § l. effective July 1: entire section amen _ 93-1. § 58. effective July l. L. 76: (2 )(a.5 ) added . p. 695. § 2. effective A.pril 29, L 79: amended. p. 1164. § 14. effective January 1. 1980. L. 84: (3) added. p, 825. § 3. effectlVC , uary !. 1985. L. 87: (2)(b.5) addec 'J_ 1217 . § 3. effective July 1. L. 90: ('2 )(b ) amen 1477. § 2. effective July l. L. 91: (: ,( b j( II ) amended. p. 1858. § 21. e ffec~ive April l~. ~ (2)(b.5) amended. p. 2179. §++.effective June 2. L. 94: (2l(b.5) amended. p. 271 ), 9. effective July 1. _-l Editor's note: Subsection (2 ) (b l was o nginallv numbered as ('.:) (a.5 ) in House 8111 i6-1058 been renumbered o n revision for ease of locauon. >:!: