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HomeMy WebLinkAboutZ-658-20/Group Home Standards 10/19/2020 Ordinance Z-658-20 1 Sponsor: Councilor Rider ORDINANCE Z-658-20 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA ___________________________________________________ An Ordinance establishing standards and approval process for Group Homes in the Unified Development Ordinance. Synopsis: This ordinance amends the Unified Development Ordinance in order to amend definitions and to establish standards and approval requirements for Group Homes. WHEREAS, the term “group home” includes residential facilities designed to house or accommodate the needs of various groups of individuals, particularly persons who are considered disabled or otherwise in need of specialized services. WHEREAS, state and federal statutes, primarily the Fair Housing Amendments Act (FHAA), which was enacted by Congress in 1988, have made it unlawful for local governments to “make unavailable or deny, a dwelling to any buyer or renter because of a handicap.” WHEREAS, according to federal court decisions, plaintiffs may prove that a city violated the FHAA by showing either (1) disparate treatment, (2) disparate impact, or (3) a refusal to make a reasonable accommodation for disabled persons. WHEREAS, pursuant to Indiana Code 36-7-4-602 the Common Council is authorized to amend the text of the unified development ordinance; and WHEREAS, pursuant to Indiana Code 36-7-4-610 and City of Carmel Ordinance D-2391-17, the Carmel Unified Development Ordinance is incorporated by reference into the Carmel City Code; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, that, pursuant to IC 36-7-4-600 et seq. and after Docket No. 19090013a OA having received a favorable recommendation from the Carmel Advisory Plan Commission on Tuesday, September 15, 2020, it hereby adopts this Ordinance to amend the Carmel Unified Development Ordinance (Ordinance Z-625-17, as amended), to read as follows: Section I: Amend Article 1: Administration by adding BZA Hearing Officer filing fees for Group Home review. 1.29 Filing Fees UDO Page 1-11 BZA Hearing Officer • Residential $184 plus $107 for each additional • Commercial petition $749.00 plus $371.00 for each additional • Special Exception, Group Home $104 plus $104 per bedroom • Special Exception, Short Term Rental $104.00 • Renewal of Special Exception $52.00 DocuSign Envelope ID: CE51DFB2-CD98-410A-88D8-16F83B7DB587 10/19/2020 Ordinance Z-658-20 2 Section II: Amend Article 2 by adding Group Home either as a Residential Special Exception or Permitted Use for the following Districts: 2.03 S1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-4 Residential Special Exception – Group Home 2.05 S2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-6 Residential Special Exception – Group Home 2.07 R1 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-8 Residential Special Exception – Group Home 2.09 R2 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-10 Residential Special Exception – Group Home 2.11 R3 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-12 Residential Special Exception – Group Home 2.13 R4 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-14 Residential Special Exception – Group Home 2.15 R5 District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-16 Residential Special Exception – Group Home 2.17 UR District Intent, Permitted Uses, Special Uses and Special Exceptions UDO Page 2-18 Residential Special Exception – Group Home 2.23 B3 District Intent, Permitted Uses, Special Uses UDO Page 2-24 Residential Permitted Use – Group Home 2.25 B5 District Intent, Permitted Uses, Special Uses UDO Page 2-26 Residential Permitted Use – Group Home 2.27 B6 District Intent, Permitted Uses, Special Uses UDO Page 2-28 Residential Permitted Use – Group Home 2.29 B7 District Intent, Permitted Uses, Special Uses UDO Page 2-30 Residential Permitted Use – Group Home DocuSign Envelope ID: CE51DFB2-CD98-410A-88D8-16F83B7DB587 10/19/2020 Ordinance Z-658-20 3 Section III: Amend Article 5: Development Standards to add standards for Group Homes as follows: 5.72 US-26: Group Home Use-Specific Standards These Use-Specific Standards for Group Homes apply to the following districts: [INSERT ICONS FOR S1, S2, R1, R2, R3, R4, R5, UR] A. Purpose: It is the purpose of this Section to benefit the general public by minimizing adverse impacts on established residential neighborhoods in the City and the owners and residents of properties in these neighborhoods which may result from the conversion of residential properties to business or institutional uses. However, it is also the purpose of this Section to provide that the City may not refuse to make a reasonable accommodation for a Group Home whenever such an accommodation would not impose undue financial or administrative burdens on the City or require a fundamental alteration in the Comprehensive Plan. B. Special Exception Eligibility: A Dwelling located in a Residential District may be used as a Group Home only if the owner or occupant applies for and is granted a Special Exception, pursuant to Section 9.08 hereof. C. Required Information for Application: Both the initial application and any renewal application for a Special Exception or Improvement Location Permit for a Group Home shall contain primary and secondary emergency contact information, including mailing address, phone number or email address. Upon approval of a Special Exception, emergency contact information shall be shared with the Carmel Police Department. D. Limitations: The term of a Special Exception permit granted to a Group Home shall be twenty (20) years. The grant of a Special Exception permit provides an exception only to the other requirements of this Ordinance. It does not confer a right to lease, sublease, or otherwise use a Dwelling as a Group Home where such use is not otherwise allowed by law, a homeowners association agreement or requirements, any applicable covenant, condition, and restriction, a rental agreement, or any other restriction, requirement, or enforceable agreement. Nothing in this Section shall relieve any person of the obligations imposed by any and all applicable provisions of Federal and State laws and the Carmel City Code, including but not limited to those obligations imposed by Indiana tax laws and rules. Further, nothing in this Section shall be construed to limit any remedies available under any and all applicable provisions of Federal or State law and the Carmel City Code. E. Reasonable Accommodation: After formal acceptance of an application for a Special Exception for a Group Home, the Director of Community Services shall review the application for the purpose of determining whether it would be a reasonable accommodation for the City to grant the Special Exception in order to provide the residents who would be provided services at the Group Home with access to housing that is equal to that of residents who are not in need of such services. In addition to the items listed in Section 9.08(C) hereof, the Director of Community Services shall consider the following: 1. If there are other Group Homes clustered within a block of the site; 2. The number of unrelated persons who will be living in the Group Home, and whether any professional support staff will also be residing there; 3. In addition to any residents’ cars, if more than two (2) staff cars will be parked at the Group Home, and whether they will be marked; 4. If the Dwelling, existing, modified or new, is similar in design, materials and landscaping as other adjacent and nearby Dwellings; DocuSign Envelope ID: CE51DFB2-CD98-410A-88D8-16F83B7DB587 10/19/2020 Ordinance Z-658-20 4 5. Any other exterior indication that the Dwelling will be inhabited by Group Home residents; 6. Any undue financial or administrative burdens that would be imposed on the City; and 7. If a fundamental alteration in the Comprehensive Plan would be required. Based upon this review, the Director of Community Services may support or oppose the granting of the Special Exception. Section IV: Amend Article 9: Processes to add Group Homes to the Special Exception Process as follows: 9.08 Special Exception (Applicable to Group Homes and Short Term Residential Rentals) A. General Information: Special Exception approval by a Hearing Officer of the Board of Zoning Appeals shall be necessary prior to the establishment of a Special Exception, so cited by the district regulations herein, or the issuance of an Improvement Location Permit for said Special Exception. A Special Exception shall be considered as an exception to the uses allowed under the Unified Development Ordinance, and thus the original application for a Special Exception shall not generally be entitled to favorable consideration, except as follows: 1. A proposed Group Home where not more than eight (8) unrelated persons will be residents shall generally be entitled to favorable consideration; 2. A proposed Group Home where not less than nine (9) nor more than twelve (12) unrelated persons will be residents shall generally be entitled to favorable consideration, so long as the application is not opposed by the Director of Community Services; and 3. A proposed Group Home where thirteen (13) or more unrelated persons will be residents shall be entitled to favorable consideration only if the application is supported by the Director of Community Services. Any application for the renewal of a Special Exception shall generally be entitled to favorable consideration, so long as it is not opposed by the Director of Community Services. A Hearing Officer shall have discretion whether to approve or deny each Special Exception application, with his or her decision to be based on the special and unique conditions pertinent to the site, determined as a result of the review procedure established herein. B. Procedure: 1. Procedure Generally: Whenever an application for a Special Exception within the planning jurisdiction is made, it shall follow the procedure set forth herein and shall conform to the regulations and requirements of the Unified Development Ordinance. 2. Consultation with the Director of Community Services and Application: Applicants shall meet with the Director of Community Services to review the zoning classification of their site, review copies of the regulatory ordinances and materials, review the Special Exception procedures, and examine the proposed exception and development of the property. The Director of Community Services shall aid and advise the applicant in preparing the application and supporting documents as necessary. The applicant shall then submit two (2) copies of the written application form and all necessary supporting documents and materials. 3. Initial Review by the Director of Community Services: Docketing on Hearing Officer Agenda: Following the receipt of the written application and necessary supporting DocuSign Envelope ID: CE51DFB2-CD98-410A-88D8-16F83B7DB587 10/19/2020 Ordinance Z-658-20 5 documents and materials by the Director of Community Services, the Director shall then review the materials solely for the purpose of determining whether the application is complete and in technical compliance with all applicable ordinances, laws, and regulations, and therefore entitled to be forwarded to the Board of Zoning Appeals. If the materials submitted by the applicant are not complete or do not comply with the necessary legal requirements, the Director of Community Services shall inform the applicant of the deficiencies in said materials. Unless and until the Director of Community Services formally accepts the Special Exception application as complete and in legal compliance, it shall not be considered as formally filed for the purpose of proceeding to succeeding steps toward Special Exception approval as hereinafter set forth. Within thirty (30) days of the formal acceptance of the application by the Director of Community Services, the Director shall formally file the application by placing it upon the agenda of a Board of Zoning Appeals Hearing Officer, according to the Rules of Procedure of the Board of Zoning Appeals. 4. Public Hearing: Once the Director of Community Services has accepted and filed the application with a Hearing Officer, a docket number shall be assigned and a date and time set for a public hearing by the Hearing Officer, according to the Rules of Procedure of the Board of Zoning Appeals. The applicant shall be responsible for the cost and publication of any required published legal notification of the public hearing. The applicant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Board of Zoning Appeals; however, notice by publication shall not be required for the renewal of a Special Exception. The conduct of the public hearing shall be in accordance with the Board of Zoning Appeals Rules of Procedure. 5. Approval or Denial of the Special Exception Application: Upon approval of a Special Exception, the Hearing Officer shall inform the applicant that the applicant may apply to the Director of Community Services for Improvement Location Permits (if necessary) or may commence the Special Exception if no permits are required. Failure of the Hearing Officer to inform the applicant of the time limits set forth in Section 5.72(D) shall not relieve the applicant of complying with said Section. 6. Appeal of Hearing Officer Decision: A decision of a Hearing Officer shall not be a basis for judicial review, but it may be appealed to the Board of Zoning Appeals. The Board of Zoning Appeals shall conduct a new hearing on the matter and shall not be bound by any Findings of Fact made by the Hearing Officer. A person who wishes to appeal a decision of the Hearing Officer must file the appeal with the Board of Zoning Appeals within five (5) days after the decision is made, as provided in I.C. 36-7-4-924. 7. Time Limit for Re-Application: A Special Exception application that is denied by a Hearing Officer or the Board of Zoning Appeals is ineligible to be placed again on an agenda for consideration until the legality of the decision is finally determined by a court, pursuant to judicial review according to the Advisory Planning Law, or for a period of twelve (12) months following the date of the denial, whichever is later. In addition, whenever a Special Exception application is denied, the property involved in the application shall not be the subject of a different Special Exception application, or any use variance or rezone proposal, for a period of six (6) months following the date of the denial. C. Basis of Review: A Hearing Officer, in reviewing a Special Exception application, shall give consideration to the particular needs and circumstances of each application and shall examine the following items as they relate to the proposed Special Exception: 1. Surrounding zoning and land use; 2. Access to public streets; DocuSign Envelope ID: CE51DFB2-CD98-410A-88D8-16F83B7DB587 10/19/2020 Ordinance Z-658-20 6 3. Driveway and curb cut locations in relation to other sites; 4. Parking location and arrangement; 5. Trash and material storage; 6. Necessary exterior lighting; and 7. Protective restrictions and/or covenants. D. Basis of Approval or Rejection: A Hearing Officer, in approving or rejecting a Special Exception application, shall base his or her decision upon the following factors as they relate to the above listed items (Section 9.08 (C) concerning the proposed Special Exception: 1. The economic factors related to the proposed Special Exception, such as cost/benefit to the community and its anticipated effect on surrounding property values; 2. The social/neighborhood factors related to the proposed Special Exception, such as compatibility with existing uses in the vicinity of the premises under consideration and how the proposed Special Exception will affect neighborhood integrity; and 3. The effects of the proposed Special Exception on vehicular and pedestrian traffic in and around the premises upon which the Special Exception is proposed. E. Special Exception Group Home Decisions; Commitment: Pursuant to IC 36-7-4-1015, a Hearing Officer may, as a condition to any approval of an application for a Special Exception, require or allow the owner to make any or all of the following commitments concerning the use of the property: 1. That the Special Exception will fully comply with Section 5.72 Group Home Use Standards. 2. That the Special Exception will be limited to five (5), ten (10), or fifteen (15) years, at the discretion of the Hearing Officer. 3. If the Hearing Officer determines that a homeowners association or similar entity has established limitations or prohibitions that apply to the property, that the owner’s implementation of the Special Exception will not result in the violation of any such limitations or prohibitions. F. Special Exception Short Term Residential Rental Decisions; Commitment: Pursuant to IC 36- 7-4-1015, a Hearing Officer may, as a condition to any approval of an application for a Special Exception, require or allow the owner to make any or all of the following commitments concerning the use of the property: 1. That the Special Exception will fully comply with Section 5.73 Short Term Residential Rental Standards. 2. That the Special Exception will be limited to thirty (30), sixty (60), or ninety (90) days during a calendar year, at the discretion of the Hearing Officer. 3. If the Hearing Officer determines that a homeowners association or similar entity has established limitations or prohibitions that apply to the property, that the owner’s implementation of the Special Exception will not result in the violation of any such limitations or prohibitions. DocuSign Envelope ID: CE51DFB2-CD98-410A-88D8-16F83B7DB587 10/19/2020 Ordinance Z-658-20 7 Section V: Amend Article 11: Definitions as follows: 11.02 Definitions UDO Pages 11-4 through 11-22 Dwelling, Single-Family: A residential Building containing only one (1) Dwelling Unit and not occupied by more than one (1) Family. . Family: One or more persons living as a single housekeeping unit, including up to five (5) unrelated persons, as distinguished from a group occupying a hotel, club, nursing home, fraternity or sorority house. Home, Group: A residential Structure or facility where six (6) or more unrelated persons who are in need of care, support or supervision can live together, such as children or those who are elderly, disabled or mentally ill. Section VI: All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. Section VII: This Ordinance shall be in full force and effect beginning January 1, 2021 after its passage and signing by the Mayor. DocuSign Envelope ID: CE51DFB2-CD98-410A-88D8-16F83B7DB587 10/19/2020 Ordinance Z-658-20 8 PASSED by the Common Council of the City of Carmel, Indiana, this ____ day of ________, 2020, by a vote of _____ ayes and _____ nays. COMMON COUNCIL FOR THE CITY OF CARMEL ___________________________________ Laura D. Campbell, President Sue Finkam, Vice-President ___________________________________ ____________________________________ H. Bruce Kimball Kevin D. Rider ___________________________________ ____________________________________ Anthony Green Jeff Worrell ___________________________________ ___________________________________ Tim Hannon Miles Nelson ___________________________________ Adam Aasen ATTEST: __________________________________ Sue Wolfgang, Clerk Presented by me to the Mayor of the City of Carmel, Indiana this ____ day of _________________________ 20 20, at _______ __.M. ____________________________________ Sue Wolfgang, Clerk Approved by me, Mayor of the City of Carmel, Indiana, this _____ day of ________________________ 2020, at _______ __.M. ____________________________________ James Brainard, Mayor ATTEST: ___________________________________ Sue Wolfgang, Clerk Prepared by: Adrienne Keeling, Planning Administrator, One Civic Square, Carmel, IN 46032 DocuSign Envelope ID: CE51DFB2-CD98-410A-88D8-16F83B7DB587 December 6:30 7th P December P 9 0 8th December 8th 5:30