28-F-1

Purpose. This section is intended to an enhance the quality of living standards of Personal Care Homes in order to protect the health, safety, and integrity of the residents. This section includes regulatory requirements, home design standards, and parking requirements for Personal Care Homes occupied by six or fewer unrelated individuals who reside there and receive care. These include Family Personal Care Homes, both as a Permitted Use and as a Special Exception granted per Section 26-1(h), as well as Special Use Permits granted for a Personal Care Home per Section 8-3(c). Other applicable requirements for Personal Care Homes include: Georgia Department of Community Health (DCH) requirements, International Property Maintenance Code, and Fire Code compliance.

28-F-2

Definitions. As used in this Section of the ordinance, the following terms shall have the meanings indicated:

"Personal Care Home" - shall mean a building occupied by the property owners, or by a person or persons employed by the property owners, and also occupied by unrelated individuals who reside there and receive care and/or supervision from the property owners or persons in their employment. A personal care home shall provide care for elderly and/or handicapped persons. Personal Care Homes shall be classified as: Family Personal Care Homes, Group Personal Care Homes, and Congregate Personal Care Homes.

"Personal Care Home Application" - The official application for a Personal Care Home, attached to a Special Use Permit application, a Special Exception application, or a permitted use zoning application.

28-F-3

General requirements.

A.

Regulatory compliance:

1.

Personal Care Homes shall comply with all applicable city zoning, building, housing, and fire codes, and shall fully comply with the Georgia Department of Community Health (DCH) Rules and Regulations for Personal Care Homes (Section 111-8-62 of Georgia Code). Proof of compliance as a state registered Personal Care Home through DCH shall be submitted with a Personal Care Home Application.

2.

A Personal Care Home Application must contain a scaled floor plan of the entire residence, including the following details:

a.

Bedroom, bathroom, and common room dimensions (must meet standards set forth in Section 28-B Home Design Requirements).

b.

Number of persons per bedroom.

c.

Rooms labeled (i.e. bedroom, closet, bathroom, dining room, kitchen, etc.).

d.

Label area for use by residents and visitors which affords privacy (i.e. an area where residents can meet alone with visitors).

3.

The maximum number of residents allowed for the Personal Care Home is dependent upon the specifications in the Home Design Requirements Section below, as well as Department of Community Health (DCH) requirements. If the maximum number of residents allowed is different between DCH requirements and Municipal Code requirements, the more stringent regulations will apply.

4.

Applicant shall provide evidence annually to the Augusta Planning and Development Department that the facility continues to satisfy the conditions of approval set forth in this ordinance, as well as Department of Community Health (DCH) requirements. Evidence of compliance shall be submitted at least thirty (30) days before the renewal of a business license. During this time, the Augusta Planning and Development Department may inspect the home to ensure compliance with both the city ordinance and the business license requirements. Evidence submitted in the business license renewal process shall include:

a.

A copy of the most recent DCH inspection report and plan for correction

b.

A copy of the most current and accurate licensed residential care profile

5.

Upon a Personal Care Home being approved, applicant shall make no alterations or additions to the primary structure for the purpose of increasing the number of individuals who reside there and receive care.

6.

Any Special Exception or Special Use Permit issued pursuant to this Section shall terminate if the structure is devoted to a use other than a Personal Care Home.

7.

If the structure fails to maintain compliance with all building, safety, health, and zoning requirements, the Special Exception or Special Use Permit shall be grounds for termination and the owner/operate shall thereafter be required to discontinue the use of the premises as a Personal Care Home.

B.

Home design requirements:

1.

Common Areas

i.

Homes serving a person dependent upon a wheelchair or scooter for mobility must meet the 2010 ADA Standards for Accessible Design set forth by the United States Department of Justice. ADA standard ramps within the front yard must include a landscape buffer around the perimeter of the ramp for the purpose of visual aesthetics.

ii.

The home must have handrails, grab bars, doorways and corridors which accommodate permitted mobility devices, such as walkers, motorized scooters, wheel chairs and crutches or canes as the residents require for their safety and allows the residents to move about the home freely. Homes serving individuals in wheelchairs must have 60 inches by 60 inches of turning radius in all areas meant to be accessible to them, including but not limited to the bedroom, kitchen, living room, entrances and exits, and at least one bathroom.

iii.

The living room must be large enough to accommodate individuals without overcrowding. Homes with three (3) to five (5) individuals who reside there and receive care must provide at least 120 square feet of living room space. Homes with six (6) individuals who reside there and receive care must provide at least 150 square feet of living room space.

iv.

The home must provide a comfortable dining area which is properly equipped and adequate in size for the number of individuals who reside there and receive care. The dining area shall be adequate to seat all individuals who reside there and receive care at the same meal seating. Homes with three (3) to five individuals who reside there and receive care must have at least 80 square feet allocated for a dining room. Homes with six (6) individuals who reside there and receive care must have at least 100 square feet allocated for a dining room.

v.

The home must provide a fenced and accessible outdoor space for individuals who reside there and receive care.

2.

Bedrooms or Private Living Spaces

i.

Bedrooms or private living spaces must have at least 100 square feet of usable floor space per individual who resides there and receives care.

3.

Bathroom Facilities

i.

At least one (1) functional toilet and lavatory must be provided for each four (4) occupants, and at least one bathing or showering facility must be provided for each (6) occupants. Occupants include persons who reside there and receive care, care providers, and other persons living in the home.

ii.

A home serving a person dependent upon a wheelchair or scooter for mobility must have at least one (1) bathroom that permits the person to use all bathroom fixtures easily and independently where able. The bathroom must meet the 2010 ADA Standards for Accessible Design set forth by the United States Department of Justice.

*Includes persons who reside there and receive care, care providers, and other persons living in the home.

_____

4.

Off-Street Parking

i.

Homes must meet the requirements for Off-Street Parking found in Section 4-2 "Off-Street Parking Requirements for all Areas except Central Business District (CBD)" of this ordinance. A summary of example required parking spaces for Off-Street Parking is provided below.

Adopted: June 2015