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HomeMy WebLinkAbout~Master - Ordinance Establishing Supervised Transitional Homes ORDINANCE NO. 4286 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES,IOWA, BY REPEALING THE GROUP LIVING SECTIONS OF TABLES 29.701(2), 29.702(2), 29.703(2), 29.704(2), 29.705(4), 29.1202(4)-1, 29.1202(4)-2, 29.1203(4), 29.1003(2) AND ENACTING NEW GROUP LIVING SECTIONS OF TABLES 29.701(2), 29.702(2), 29.703(2), 29.704(2), 29.705(4), 29.1202(4)-1, 29.1202(4)-2, 29.1203(4), 29.1003(2) THEREOF AND BY ENACTING NEW SECTIONS 29.201(224A) & 29.1314, AND AMENDING THE TABLE IN SECTION 29.501(4)-1 THEREOF FOR THE PURPOSE OF CREATING A TRANSITIONAL HOUSING USE OPTION FOR RESIDENTIAL ZONING DISTRICTS; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED,by the City Council for the City of Ames,Iowa,that: Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by enacting new Group Living Sections of Tables 29.701(2),29.702(2),29.703(2),29.704(2), 29.705(4),29.1202(4)-1,29.1202(4)-2,29.1203(4),29.1003(2)as follows: "Table 29.701(2) Residential Low Density(RL)Zone Uses APPROVAL APPROVAL USE CATEGORIES STATUS REQUIRED AUTHORITY RESIDENTIAL USES Group Living Residences for the physically disabled, Y SP ZBA mentally retarded or emotionally disturbed which do not meet the definition of Family Home Supervised Transitional Home Y,subject to Section 29.1314 ZP Staff Household Living Single Family Dwelling Y ZP ZEO Two Family Dwelling Y,if pre-existing. ZP ZEO Single Family Attached Dwelling N -- Apartment Dwelling(12 units or less) N Family Home Y ZP ZEO Household Living Accessory Uses Home Office Y HO ZBA/Staff Home Business Y HO ZBA/Staff Clubhouse N -- - Short-term Lodging N,except Bed and Breakfast HO ZBA/Staff permitted as a Home Occupation. OFFICE USES N - - TRADE USES Retail Sales and Services—General N - - APPROVAL APPROVAL USE CATEGORIES STATUS REQUIRED AUTHORITY Entertainment,Restaurant and Recreation N - Trade INSTITUTIONAL USES Colleges&Universities Y SP ZBA Child Day Care Facilities Y SP or HO, ZBA depending on the size Community Facilities Y SP ZBA Medical Centers N Religious Institutions Y SP ZBA Schools Y SP ZBA Social Service Providers Y,if re-existing SP ZBA TRANSPORTATION,COMMUNICATIONS &UTILITY USES Basic Utilities Y SDP Major City Council Radio&TV Broadcast Facilities N -- Parks&Open Areas Y SDP Minor Staff Essential Public Services Y SP ZBA Personal Wireless Service Facilities Y SP ZBA Table 29.702(2) Residential Medium Density RM Zone Uses APPROVAL APPROVAL USE CATEGORIES STATUS REQUIRED AUTHORITY RESIDENTIAL USES Group Living Hospices,Assisted Living,and Nursing Y SP ZBA Homes Supervised Transitional Home Y,subject to Section ZP Staff 29.1314 Household Living Single Family Dwelling Y ZP ZEO Two Family Dwelling Y ZP ZEO Single Family Attached Dwelling Y SDP Minor Staff Apartment Dwelling(12 units or less) Y SDP Minor Staff Family Home Y ZP ZEO Dwelling House Y ZP ZEO Household Living Accessory Uses Home Office Y HO ZBA/Staff Home Business Y HO ZBA/Staff Clubhouse N Short Term Lodging N,except Bed and HO ZBA Breakfast permitted as a Home Occupation. OFFICE USES N -- APPROVAL APPROVAL USE CATEGORIES STATUS REQUIRED AUTHORITY TRADE USES Retail Sales and Services—General N -- Entertainment,Restaurant and Recreation N - - Trade INSTITUTIONAL USES Colleges&Universities Y SP ZBA Community Facilities Y SP ZBA Funeral Facilities Y SP ZBA Child Day Care Facilities Y HO or SP ZBA (depending on size) Medical Centers N Religious Institutions Y SP ZBA Schools Y SP ZBA Social Service Providers Y SP ZBA TRANSPORTATION, COMMUNICATIONS&UTILITY USES Basic Utilities Y SDP Major City Council Essential Public Services Y SP ZBA Radio&TV Broadcast Facilities N - - Parks&Open Areas Y SDP Minor Staff Personal Wireless Communication Facilities Y SP ZBA Table 29.703(2) Urban Core Residential Medium Density(UCRM)Zone Uses APPROVAL APPROVAL USE CATEGORIES STATUS REQUIRED AUTHORITY RESIDENTIAL USES Group Living Residences for the physically disabled, y SP ZBA mentally retarded or emotionally disturbed which do not meet the definition of Family Home Supervised Transitional Home Y,subject to Section 29.1314 ZP Staff Household Living Single Family Dwelling Y ZP ZEO Two Family Dwelling Y,if pre-existing ZP ZEO Single Family Attached Dwellings (2 units Y,if pre-existing SDP Minor Staff only) Apartment Dwelling(12 units or less) Y,if re-existing SDP Minor Staff Former School Building Converted for Use as Y AR City Council an Apartment Dwelling Family Home Y ZP . ZEO Household Living Accessory Uses Home Office Y HO ZBA/Staff Home Business Y HO ZBA/Staff APPROVAL APPROVAL USE CATEGORIES STATUS REQUIRED AUTHORITY Clubhouse N - Short Term Lodging N,except Bed and Breakfast HO ZBA/Staff permitted as a Home Occupation. OFFICE USES N -- TRADE USES Retail Sales and Services—General N - Entertainment,Restaurant and Recreation N - Trade INSTITUTIONAL USES Colleges&Universities Y SP ZBA Community Facilities Y SP ZBA Funeral Facilities N - -' Child Day Care Facilities Y HO or SP Staff/ZBA (depending upon size) Medical Centers N - Religious Institutions Y SP ZBA Schools Y SP ZBA Social Service Providers Y,only if re-existing SP ZBA TRANSPORTATION,COMMUNICATIONS &UTILITY USES Basic Utilities Y SDP Major City Council Essential Public Services Y SP ZBA Radio&TV Broadcast Facilities N - Parks&Open Areas Y SDP Minor Staff Personal Wireless Communication Facilities Y SP ZBA Table 29.704(2) Residential High Density(RE)Zone Uses Approval Approval Use Categories Status Required Authority RESIDENTIAL USES Group Living Y SDP Minor Staff Transitional Living Facility Y,No transitional Living Facility for SDP Minor Staff former offenders may be closer than 500 ft.from another such facility or to a Family Home Supervised Transitional Homes Y,subject to Section 29.1314 ZP ZEO Household Living Single Family Dwelling Y,if pre-existing ZP ZEO Two Family Dwelling Y ZP ZEO Single Family Attached Dwelling Y SDP Minor Staff Apartment Dwelling Y SDP Minor Staff Family Homes Y ZP ZEO Dwelling House Y ZP ZEO Household Living Accessory Uses Home Office Y HO ZBA/Staff Home Business Y HO ZBA/Staff Clubhouse Y SDP Minor Staff N,except Bed and Breakfast permitted as Short-term Lodging a Home Occupation. HO ZBA OFFICE USES N,except in conjunction with a mixed SDP Minor or Staff/City office/residence use where the residence Major Council use is above the first floor,Office uses limited to 5,000 sf.within a single development with a Minor Site Development Plan. Any area in excess of 5,000 sf may be approved as a Major Site Development Plan. TRADE USES Retail Sales and Services-General N,except in conjunction with a mixed SDP Minor or Staff/City retail/residence use where the residence Major Council use is above the first floor,Retail uses limited to 5,000 sf.within a single development with a Minor Site Development Plan. Any area in excess of 5,000 sf may be approved as a Major Site Development Plan. Entertainment,Restaurant and Recreation N,except in conjunction with a mixed SDP Minor or Staff/City Trade E,R&R/residential use where the Major Council (E,R,&R) residential use is above the first floor. Such E,R,&R uses shall be limited to restaurants. E,R&R uses are limited to 5,000 sf within a single development with a Minor Site Development Plan. Any area in excess of 5,000 sf may be approved as a Major Site Development Plan. INSTITUTIONAL USES Colleges&Universities Y SP ZBA Community Facilities Y SDP Minor Staff Child Day Care Facilities Y SDP Minor Staff Funeral Facilities Y SDP Minor Staff Medical Centers N -- -- Religious Institutions Y SDP Minor Staff Schools Y SDP Minor Staff Social Service Providers Y SP ZBA TRANSPORTATION, COMMUNICATIONS&UTILITY USES Basic Utilities Y SDP Major City Council Essential Public Services Y SP ZBA Parks&Open Areas Y SDP Minor Staff Radio&TV Broadcast Facilities Y SP ZBA Personal Wireless Y SP ZBA Communication Facilities Commercial Parking Y,only for remote parking for residential SDP Minor Staff uses in an abutting CSC District,pursuant to Section 29.406(18) Table 29.705(4) Residential Low Density Park(RLP)Zone Uses APPROVAL APPROVAL AUTHORITY USE CATEGORY STATUS REQUIRED RESIDENTIAL USES Group Living Supervised Transitional Home Y,subject to ZP Staff Section 29.1314 Household Living Y SDP Major City Council. Single-Family Manufactured Home and accessory uses listed in Table 29.500 only. Home Office and Home Business allowed as necessary uses. Short-term Lodgings N -' OFFICE USES N TRADE USES N INDUSTRIAL USES N - INSTITUTIONAL USES N TRANSPORTATION, N COMMUNICATIONS AND UTILITY USES MISCELLANEOUS USES N - - Table 29.1202(4)-1 Suburban Residential Floating Zoning Residential Low Density FS-RL Uses USE CATEGORIES STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Group Living Supervised Transitional Home Y,subject to Section 29.1314 ZP Staff Household Living Single Family Dwelling Y ZP ZEO Two Family Dwelling Y,if pre-existing ZP ZEO Single Family Attached Dwelling.Front Driveway Y SDP Minor Staff Access (5 units or less) Single Family Attached Dwelling.Rear Driveway Y SDP Minor Staff Access (12 units or less) Apartment Dwelling(12 units or less) Family Home Y ZP ZEO Household Living Accessory Uses Home Office Y HO ZBA/Staff Home Business Y HO ZBA/Staff Clubhouse N Short-term Lodging N,except Bed and Breakfast HO ZBA/Staff permitted as a Home Occupation. OFFICE USES IN " TRADE USES Retail Sales and Services General N - Entertainment,Restaurant and Recreation Trade N INSTITUTIONAL USES Colleges&Universities Y SP ZBA Child Day Care Facilities Y SP ZBA Community Facilities Y SP ZBA Medical Centers Religious Institutions Y SP ZBA Schools Y SP ZBA Social Service Providers N - TRANSPORTATION,COMMUNICATIONS&UTILITY USES Basic Utilities Y SDP Major City Council Radio&TV Broadcast Facilities r -- Parks&Open Areas Y SDP Minor Istaff Essential Public Services Y SP JZBA Personal Wireless Service Facilities Y SP 1ZBA Table 29.1202(4)-2 Suburban Residential Floating Zoning Residential Medium Density(FS-RM)Uses USE CATEGORIES APPROVAL APPROVAL STATUS REQUIRED AUTHORITY RESIDENTIAL USES Group Living Hospices,Assisted Living,and Nursing Homes Y SP ZBA Supervised Transitional Home Y,subject to Section 29.1314 zP Staff Household Living Single Family Dwelling Y ZP ZEO Two Family Dwelling Y ZP ZEO Single Family Attached Dwelling.Front Driveway Y SDP Minor Staff Access (5 units or less) Single Family Attached Dwelling.Rear Driveway Y SDP Minor Staff Access (12 units or less) Apartment Dwelling(12 units or less) Y SDP Major City Council Family Home Y ZP ZEO Independent Senior Living Facility Y SP ZBA (unlimited number of units) Household Living Accessory Uses Home Office Y HO ZBA/Staff Home Business Y HO ZBA/Staff Clubhouse Y SDP Major City Council Short Term Lodging N,except Bed and Breakfast HO ZBA permitted as a Home Occupation. OFFICE USES N TRADE USES Retail Sales and Services General N - Entertainment,Restaurant and Recreation Trade N INSTITUTIONAL USES Colleges&Universities Y SP ZBA Community Facilities Y SP ZBA Funeral Facilities Y SP ZBA Child Day Care Facilities Y HO or SP Staff/ZBA (depending on size) Medical Centers N -- Religious Institutions Y SP ZBA Schools Y SP ZBA Social Service Providers Y SP ZBA TRANSPORTATION,COMMUNICATIONS& UTILITY USES Basic Utilities Y SDP Major City Council Essential Public Services Y SP ZBA Radio&TV Broadcast Facilities N --- --- Parks&Open Areas Y SDP Minor Staff Personal Wireless Communication Facilities Y SP ZBA Table 29.1203(4) Planned Residence District(F-PRD)Floating Zone Uses Permitted Principle Uses Permitted Accessory Uses Single Family House Recreational facilities for the residents of the PRD Two-Family House Accessory uses of the Household Living category provided for in Section 29.500 Apartment Building of this ordinance Townhouse Garages Group Living,if pre-existing Open spaces uses Supervised Transitional Home Home occupations subject to standards of Section 29.1304 of this ordinance Home Day Care subject to the standards of Section 29.1304 Office and Trade use where the property owner can demonstrate through a written Market Study that the Office and Trade use can be supported by the residents of the Planned Residence District Project Rental services offices not to exceed 5,000 square feet Assisted Living,for the residents of the PRD Table 29.1003(2) South Lincoln Sub Area S-SMD Mixed-Use District Use Category Status Approval Approval Authority Required RESIDENTIAL USES Group Living SDP Minor Staff Transitional Living Facility Y,No transitional SDP Minor Staff Living Facility for former offenders may be closer than 500 ft.from another such Ifacility or to a Family Home Supervised Transitional Homes Y,subject to Section 29.1314 ZP Staff Household Living Single-Family Dwelling Y ZP ZEO Two-Family Dwelling Y ZP ZEO Single-Family Attached Y SDP Minor Staff Dwelling Apartment Dwelling(18units or less) Y SDP Minor Staff Apartment Dwelling(18 units Y,if pre-existing SDP Minor Staff or more) Family Home Y ZP ZEO Dwelling House Y ZP ZEO Short-term Lodging N,except Bed and Breakfast HO ZBA permitted as a Special Home Occupation Household Living Accessory Uses Home Office Y HO BA/Staff Home Business Y HO BA/Staff OFFICE USES Y SDP Minor Staff TRADE USES Retail Sales and Service Y,however,no SDP Minor Staff -General more than 15,000 sf total commercial use per lot Retail Trade- Automotive Uses,etc. --- ---- Entertainment,Restaurant Y SDP Minor Staff and Recreation Trade Wholesale Trade N ---- ---- INDUSTRIAL USES INSITUTIONAL USES Colleges and Universities N ---- Community Facilities Y SDP Minor Staff Child Day Care Facilities Y HO or SP Staff or ZBA (depending on size) Funeral Facilities SDP Minor Staff Social Service Providers SDP Minor Staff Medical Centers --- ---- Religious Institutions SP ZBA Schools SDP Minor Staff TRANSPORTATION,COMMUNICATION &UTILITY USES Basic Utilities I SDP Major City Council Essential Public Services Y SP ZBA Parks and Open Areas Y SDP Minor Staff Radio&TV Broadcast --- ---- Facilities Personal Wireless Y SP ZBA Communication Facilities Commercial Parking Y,only as an accessory use for SDP Minor emote parking for residential uses ursuant to Section 29.406(18) Section Two. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by enacting a new definition, "Supervised Transitional Home" at Section 29.201(224A)as follows: "Section 29.201 DEFINITIONS. (224A) Supervised Transitional Home is a small group living residential use occupying a dwelling unit as a single housekeeping unit for purposes of assisting occupants with daily living skills as a transition to a long term living environment. Such use provides permanent in-home supervision by an institutional use, non-profit, or social service agency where the in-home supervision is not included in the total number of allowed occupants for the dwelling unit. The use is not intended as transitional living facilities for former offenders, residences for persons with physical or mental disabilities, temporary shelters, or for residential uses complying with household living or family home regulations. Supervision means that an employee of an"agency"is present on site every day. Section Three. The Municipal Code of the City of Ames,Iowa,shall be and the same is hereby amended by adding"Supervised Transitional Homes"to the list of "Uses Included"under the"Group Living"portion of Table 29.501(4)-1 as follows: Table 29.501(4)-1 RESIDENTIAL USE CATEGORIES Group Living Definition. Residential occupancy of a structure by a group of people who do not meet the Household Living definition. Size is larger than the average household size. Average length of stay is 60 days or longer. Structures generally have a common eating area for residents. Residents may receive any combination of care,training, or treatment, or none of these, as long as they also reside at the site. Uses Included Assisted Living Facilities Boarding, rooming or lodging houses and single room occupancy (SRO) hotels with more than 6 units Congregate housing Dormitories or residence halls Fraternities and sororities Hospices Nursing and convalescent homes Residences for the physically disabled,mentally retarded, or emotionally disturbed which do not meet the definition of Family Home Transitional Living Facilities, such as halfway houses for former offenders Supervised Transitional Homes Section Four. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by enacting a new 29.1314 as follows: Section 29.1314. SUPERVISED TRANSITIONAL HOMES. (1) Housing Type. Limited to single family attached or detached homes; (2) Occupancy. Total occupancy of the dwelling shall not exceed two people per bedroom, up to a maximum of 8 people per dwelling unit,not including the in home supervisor; (3) Separation Distance. Use shall not be located closer than 500 feet to any other supervised transitional home; (4) Parking. No additional parking is required in excess of the minimum requirement of the dwelling type; (5) Life Safety Requirements. The provisions of this section shall govern the minimum standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided. (a) Operable Windows: Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware (b) Means of Egress: A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Every dwelling unit shall have at least one exit directly to the outside. (c) Egress windows/emergency escape openings: (i) Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. (ii) Below grade and basement windows must comply with the 2006 International or currently adopted Residential Building Code. (d) Fire Protection Systems: All systems, devices, and equipment to detect a fire, actuate an alarm, or suppress or control a fire, or any combination thereof shall be maintained in an operable condition at all times in accordance with the International Fire Code. (i) Smoke detectors required. Single or multiple station smoke alarms shall be installed and maintained in dwellings and dwelling units at all of the following locations: On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms, in each room used for sleeping purposes, and in each story within a dwelling unit, including basements and cellars, but not including crawl spaces and uninhabitable attics. (ii) Portable Fire Extinguishers. At a minimum, all dwelling units shall have one charged and operable 2-A: 10-BC rated fire extinguisher; All charged and operable fire extinguishers must meet the requirements of applicable fire safety regulations promulgated by authorized officials of the State of Iowa in the Iowa Administrative Code. Fire extinguishers shall be subjected to required maintenance at intervals of not more than one year by a trained individual. (6) Approval Authority. Applicants must submit an application and submittal fee to the Planning and Housing Department. The application will be reviewed by the staff, and the applicant will be notified of the decision of the Department. Based upon information provided in the application and a site inspection, if needed, staff shall determine compliance with the zoning ordinance prior to approval of a permit. If the applicant is aggrieved,the decision may be appealed to the Zoning Board of Adjustment within 30 days. (7) Inspection. A periodic inspection by the Fire Department shall be conducted to review the home for compliance with the life safety requirements as identified in this section 29.1314 for the duration of the use. In the event the home does not maintain consistency with the standards listed above, the permit for the transitional home may be revoked by staff with a right to appeal to the Zoning Board of Adjustment within 30 days of the determination that the home is non-compliant with the standards of the Zoning Ordinance." Section Five.Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out by law. Section Six. All ordinances, or parts of ordinances,in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Seven. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this 10`h day of January,2017. Diane R.Voss,City Clerk Ann H. Campbell,Mayor