33 - Group Living Homes5
Editor's note—Ord. No. 2241, § 2, adopted November 12, 2024, amended Ch. 17-33 in its entirety to read as herein set out. Former Ch. 17-33, §§ 17-33-010-17-33-040, pertained to Household Group Living Facilities, and derived from Ord. No. 2106, § 3, 11-12-19; Ord. No. 2138, § 41, 4-6-21.
(A)
Good Neighbor Policy. A document that outlines the rules that the owner(s) of the group living home, licensee, certificate holder, managers and residents must follow as it pertains to interaction with the neighborhood. At a minimum, the policy must include:
(1)
Policies and procedures providing neighbors with a designated responsible person's contact information upon request;
(2)
Policies and procedures that require the responsible person to respond to the neighbor's concerns;
(3)
Resident and staff orientations that include how to greet and interact with neighbors and concerned parties;
(4)
Policies that minimize negative impacts, including but not limited to:
(a)
Smoking
(b)
Cleanliness of the property
(c)
Parking for residents and guests
(B)
House rules, policies and procedures. A document setting forth the house rules and policies and procedures that includes consequences for violations of the rules and at a minimum states each of the following:
(1)
The residents' rights and grievance procedures
(2)
Prohibits the use of alcohol and illicit drugs - in a Recovery Residence
(3)
Lists prohibited items
(4)
Smoking prohibitions or designated areas for smoking
(5)
Visitor policies
(6)
Admission and discharge criteria
(7)
Emergency preparedness procedures
(C)
Responsible person. A person who either has ownership in the group living home or has been given management authority by the owner of the group living home and has the authority and responsibility to take action to address and alleviate the concerns of the residents and concerns of the neighborhood as they relate to house residents, house rules and house impacts on the neighborhood.
(Ord. No. 2106, § 3, 11-12-19; Ord. No. 2241, § 2, 11-12-2024)
(A)
Unless otherwise expressly stated, all group living homes shall be subject to the following standards:
(1)
Licensing/certification. If required by state law, the group living home is licensed or certified by the State of Colorado to operate such facility.
(2)
Dispersal policy. In order to prevent the concentration and encourage better integration into neighborhoods of group living homes, no two group living homes may be located within 750 feet of each other. The community development department shall therefore find that there is no other group living home located within 750 feet of the proposed household group living facility.
(3)
Threats to public safety. No group living home shall provide housing to any individual who constitutes a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical danger to the property of others.
(4)
Group living facilities are permitted in all residential, agricultural and estate zone districts, including planned unit development districts that contain a residential component, within the city.
(Ord. No. 2106, § 3, 11-12-19; Ord. No. 2241, § 2, 11-12-2024)
(A)
Registration with the city. All state licensed or state certified group living homes must register with the city manager or their designee before operating the facility in the city. The registration must include a copy of the state issued license or certification and a copy of the application provided to the state, as applicable, otherwise the application process set forth in B.M.C. 17-33-030 shall be completed.
(B)
The owner of any group living home must notify the city manager or their designee of any changes to the status of a state issued license or certification in writing, within ten days of the change.
(Ord. No. 2241, § 2, 11-12-2024)
(A)
It shall be unlawful for any group living home that is not licensed or certified by the State of Colorado, to operate within the City and County of Broomfield without first obtaining a valid permit through the city manager or his or her designee. Denial of a license or certification by the State of Colorado shall be grounds for denial of a permit by the city.
(B)
Application for permit: Any owner or authorized agent who intends to open a group living home in the city must first submit an application to the city and pay all required fees. Contents of the application shall be incorporated in and become requirements of the permit.
(1)
A written application shall be submitted on a form furnished by the city. The application shall provide:
(a)
The permanent address, the telephone number, and email address of the owner of the group living home. If the owner is an individual, a copy of their state issued identification must be provided.
(b)
Documentation of the legal business entity showing that it is in good standing with any Secretary of State where it is registered, including Colorado, as well as any DBA [doing business as] names.
(c)
Evidence of written permission from the property owner of record to operate a group living home on the property. If the property owner is not the same person as the applicant or group living home owner, provide the name, street address, email address and telephone number of the property owner.
(d)
The legal and physical description of the property where the residence will be located including a clearly legible floor plan of the group living home that includes the total square footage of the home, the layout, location, dimensions, and square footage of each bedroom, and the number of beds in each bedroom.
(e)
The maximum number of residents proposed to occupy the group living home.
(f)
The name under which the group living home will be doing business and the URL of any website or advertisement for the group living home.
(g)
A list of any prior household group living home permits applied for in the city and the status of each.
(h)
A list of any other cities where the applicant currently has active group living homes and the status of any license or permit required for each residence.
(i)
A description of the intended use of the residence.
(j)
A certification by a third party home inspection service that electrical, mechanical, and structural components of the property are functional and free of fire and safety hazards.
(k)
A safety inspection policy requiring semi-annual verification of: functional smoke detectors in all bedroom spaces and elsewhere as needed, functional carbon monoxide detectors, functional fire extinguishers placed in plain sight or in clearly marked locations, regular inspections of smoke detectors, carbon monoxide detectors and fire extinguishers.
(l)
A copy of the house rules and regulations and procedures for amending them.
(m)
A copy of the good neighbor policy and procedure for amending it.
(n)
Proof of adequate general liability insurance showing the group living home's owner's name and the group living home's address as a covered property under the policy.
(C)
Action on application. The city manager or their designee shall examine or cause to be examined applications for permits and amendments thereto. If the city is satisfied that the subject residence conforms to the requirements of this code and other applicable laws and ordinances, the city shall timely issue a permit.
(D)
Timing on application: an application for a permit for a group living home shall be deemed to have been abandoned 180 days after the date of filing, unless the applicant has pursued the application in good faith or a permit has been issued.
(E)
Fees:
(1)
The fee for a permit shall be set by the city manager or their designee to cover the city's cost of administration of this chapter.
(2)
An applicant shall pay the permit fee when the application is filed.
(3)
As part of the annual budget process, permit fees charged by the city shall be reviewed and, if necessary, adjusted to reflect the direct and indirect costs incurred by the city in connection with the adoption, administration and enforcement of this chapter.
(F)
Any group living home legally operating in the city of Broomfield on the date that this law goes into effect will have sixty days from the effective date of the law to file an application for the required permit. If the application is timely filed, the household group living home will be permitted to continue to operate without a permit until either, a valid permit is issued by the city or a denial of the permit application is determined by the city.
(Ord. No. 2106, § 3, 11-12-19; Ord. No. 2241, § 2, 11-12-2024)
(A)
Term: A permit shall be valid for a two year term or for 180 days from the issuance of the permit if the group living home has not begun admitting residents.
(B)
Renewal: A renewal application for a permit set to expire shall be filed, with the required fee, no later than forty-five days prior to the date of expiration. A permit does not guarantee or vest any right to a renewed permit in the permittee.
(C)
Suspension or revocation: The city manager or their designee is authorized to suspend or revoke a permit issued under the provisions of this code for any of the following reasons:
(1)
Wherever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any state or federal statute, ordinance or regulation or any provision of this code.
(2)
Wherever the group living facility is non-compliant with the terms of the permit or is non-compliant with the Broomfield Municipal Code or any state or federal law.
(D)
Any suspension or revocation will be communicated to the group living home in writing stating the reasons for the suspension or revocation. In the case of a suspension, the city will include the issues that must be remedied before the suspension will be lifted and the time frame that those requirements must be met.
(E)
Appeal of suspension or revocation: A final decision of the city may be appealed to the board of adjustment.
(F)
Placement of permit: The permit, good neighbor policy and the house rules shall be posted in a prominent location in the entryway of the group living home so that it may be read at any time.
(Ord. No. 2106, § 3, 11-12-19; Ord. No. 2138, § 41, 4-6-21; Ord. No. 2241, § 2, 11-12-2024)
33 - Group Living Homes5
Editor's note—Ord. No. 2241, § 2, adopted November 12, 2024, amended Ch. 17-33 in its entirety to read as herein set out. Former Ch. 17-33, §§ 17-33-010-17-33-040, pertained to Household Group Living Facilities, and derived from Ord. No. 2106, § 3, 11-12-19; Ord. No. 2138, § 41, 4-6-21.
(A)
Good Neighbor Policy. A document that outlines the rules that the owner(s) of the group living home, licensee, certificate holder, managers and residents must follow as it pertains to interaction with the neighborhood. At a minimum, the policy must include:
(1)
Policies and procedures providing neighbors with a designated responsible person's contact information upon request;
(2)
Policies and procedures that require the responsible person to respond to the neighbor's concerns;
(3)
Resident and staff orientations that include how to greet and interact with neighbors and concerned parties;
(4)
Policies that minimize negative impacts, including but not limited to:
(a)
Smoking
(b)
Cleanliness of the property
(c)
Parking for residents and guests
(B)
House rules, policies and procedures. A document setting forth the house rules and policies and procedures that includes consequences for violations of the rules and at a minimum states each of the following:
(1)
The residents' rights and grievance procedures
(2)
Prohibits the use of alcohol and illicit drugs - in a Recovery Residence
(3)
Lists prohibited items
(4)
Smoking prohibitions or designated areas for smoking
(5)
Visitor policies
(6)
Admission and discharge criteria
(7)
Emergency preparedness procedures
(C)
Responsible person. A person who either has ownership in the group living home or has been given management authority by the owner of the group living home and has the authority and responsibility to take action to address and alleviate the concerns of the residents and concerns of the neighborhood as they relate to house residents, house rules and house impacts on the neighborhood.
(Ord. No. 2106, § 3, 11-12-19; Ord. No. 2241, § 2, 11-12-2024)
(A)
Unless otherwise expressly stated, all group living homes shall be subject to the following standards:
(1)
Licensing/certification. If required by state law, the group living home is licensed or certified by the State of Colorado to operate such facility.
(2)
Dispersal policy. In order to prevent the concentration and encourage better integration into neighborhoods of group living homes, no two group living homes may be located within 750 feet of each other. The community development department shall therefore find that there is no other group living home located within 750 feet of the proposed household group living facility.
(3)
Threats to public safety. No group living home shall provide housing to any individual who constitutes a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical danger to the property of others.
(4)
Group living facilities are permitted in all residential, agricultural and estate zone districts, including planned unit development districts that contain a residential component, within the city.
(Ord. No. 2106, § 3, 11-12-19; Ord. No. 2241, § 2, 11-12-2024)
(A)
Registration with the city. All state licensed or state certified group living homes must register with the city manager or their designee before operating the facility in the city. The registration must include a copy of the state issued license or certification and a copy of the application provided to the state, as applicable, otherwise the application process set forth in B.M.C. 17-33-030 shall be completed.
(B)
The owner of any group living home must notify the city manager or their designee of any changes to the status of a state issued license or certification in writing, within ten days of the change.
(Ord. No. 2241, § 2, 11-12-2024)
(A)
It shall be unlawful for any group living home that is not licensed or certified by the State of Colorado, to operate within the City and County of Broomfield without first obtaining a valid permit through the city manager or his or her designee. Denial of a license or certification by the State of Colorado shall be grounds for denial of a permit by the city.
(B)
Application for permit: Any owner or authorized agent who intends to open a group living home in the city must first submit an application to the city and pay all required fees. Contents of the application shall be incorporated in and become requirements of the permit.
(1)
A written application shall be submitted on a form furnished by the city. The application shall provide:
(a)
The permanent address, the telephone number, and email address of the owner of the group living home. If the owner is an individual, a copy of their state issued identification must be provided.
(b)
Documentation of the legal business entity showing that it is in good standing with any Secretary of State where it is registered, including Colorado, as well as any DBA [doing business as] names.
(c)
Evidence of written permission from the property owner of record to operate a group living home on the property. If the property owner is not the same person as the applicant or group living home owner, provide the name, street address, email address and telephone number of the property owner.
(d)
The legal and physical description of the property where the residence will be located including a clearly legible floor plan of the group living home that includes the total square footage of the home, the layout, location, dimensions, and square footage of each bedroom, and the number of beds in each bedroom.
(e)
The maximum number of residents proposed to occupy the group living home.
(f)
The name under which the group living home will be doing business and the URL of any website or advertisement for the group living home.
(g)
A list of any prior household group living home permits applied for in the city and the status of each.
(h)
A list of any other cities where the applicant currently has active group living homes and the status of any license or permit required for each residence.
(i)
A description of the intended use of the residence.
(j)
A certification by a third party home inspection service that electrical, mechanical, and structural components of the property are functional and free of fire and safety hazards.
(k)
A safety inspection policy requiring semi-annual verification of: functional smoke detectors in all bedroom spaces and elsewhere as needed, functional carbon monoxide detectors, functional fire extinguishers placed in plain sight or in clearly marked locations, regular inspections of smoke detectors, carbon monoxide detectors and fire extinguishers.
(l)
A copy of the house rules and regulations and procedures for amending them.
(m)
A copy of the good neighbor policy and procedure for amending it.
(n)
Proof of adequate general liability insurance showing the group living home's owner's name and the group living home's address as a covered property under the policy.
(C)
Action on application. The city manager or their designee shall examine or cause to be examined applications for permits and amendments thereto. If the city is satisfied that the subject residence conforms to the requirements of this code and other applicable laws and ordinances, the city shall timely issue a permit.
(D)
Timing on application: an application for a permit for a group living home shall be deemed to have been abandoned 180 days after the date of filing, unless the applicant has pursued the application in good faith or a permit has been issued.
(E)
Fees:
(1)
The fee for a permit shall be set by the city manager or their designee to cover the city's cost of administration of this chapter.
(2)
An applicant shall pay the permit fee when the application is filed.
(3)
As part of the annual budget process, permit fees charged by the city shall be reviewed and, if necessary, adjusted to reflect the direct and indirect costs incurred by the city in connection with the adoption, administration and enforcement of this chapter.
(F)
Any group living home legally operating in the city of Broomfield on the date that this law goes into effect will have sixty days from the effective date of the law to file an application for the required permit. If the application is timely filed, the household group living home will be permitted to continue to operate without a permit until either, a valid permit is issued by the city or a denial of the permit application is determined by the city.
(Ord. No. 2106, § 3, 11-12-19; Ord. No. 2241, § 2, 11-12-2024)
(A)
Term: A permit shall be valid for a two year term or for 180 days from the issuance of the permit if the group living home has not begun admitting residents.
(B)
Renewal: A renewal application for a permit set to expire shall be filed, with the required fee, no later than forty-five days prior to the date of expiration. A permit does not guarantee or vest any right to a renewed permit in the permittee.
(C)
Suspension or revocation: The city manager or their designee is authorized to suspend or revoke a permit issued under the provisions of this code for any of the following reasons:
(1)
Wherever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any state or federal statute, ordinance or regulation or any provision of this code.
(2)
Wherever the group living facility is non-compliant with the terms of the permit or is non-compliant with the Broomfield Municipal Code or any state or federal law.
(D)
Any suspension or revocation will be communicated to the group living home in writing stating the reasons for the suspension or revocation. In the case of a suspension, the city will include the issues that must be remedied before the suspension will be lifted and the time frame that those requirements must be met.
(E)
Appeal of suspension or revocation: A final decision of the city may be appealed to the board of adjustment.
(F)
Placement of permit: The permit, good neighbor policy and the house rules shall be posted in a prominent location in the entryway of the group living home so that it may be read at any time.
(Ord. No. 2106, § 3, 11-12-19; Ord. No. 2138, § 41, 4-6-21; Ord. No. 2241, § 2, 11-12-2024)