The purpose of this Article is to recognize that group homes serve the function of providing a residential living environment for various members of our diverse society and that the recognition of such homes through this Article and the definitions set forth herein serve to permit their use in various residential zones, while maintaining the quiet enjoyment of all neighborhoods.

(Ord. 10-10 §1, 2010)

As used in this Article, the following terms shall have the following meanings:

Developmentally disabled means those persons having cerebral palsy, multiple sclerosis, mental retardation, autism, epilepsy or a similar substantial developmental disability.

Group home means, subject to the licensing requirements of the State if applicable, a dwelling where persons are living, together with staff, as a single housekeeping unit providing care, supervision and treatment exclusively for not more than eight (8) persons who are handicapped, developmentally disabled or mentally ill.

Handicapped means, with respect to a person: (1) a physical or mental impairment which substantially limits one (1) or more life activities; (2) a record of having such an impairment; or (3) being regarded as having such an impairment; but such term does not include current, illegal use of or addiction to a controlled substance as defined in 21 U.S.C. § 802.

Mentally ill means a person with a substantial disorder of the cognitive, volitional or emotional processes that grossly impairs judgment or the capacity to recognize reality or to control behavior.

(Ord. 10-10 §1, 2010)

(a)

Group homes for the exclusive use of developmentally disabled, handicapped or mentally ill persons may be established in any zone district of the City that permits residential dwellings, subject to all height, setback, area, lot coverage and other zoning requirements of the subject zone district, and subject to the licensing requirements of the State and the registration and reporting procedures and distance limitations described herein.

(b)

Prior to the establishment of a group home for the developmentally disabled, mentally ill or handicapped, or, in the case of group homes existing as of June 1, 2010, on or before July 1, 2010, the owner or operator thereof shall register with the City Clerk on a form provided by the City Clerk. Registration shall be effective for a period of twelve (12) months. Prior to the expiration of such twelve-month period, application for registration renewal shall be made. Renewal shall be granted by the City Clerk if the group home continues to be in compliance with the definition of a group home set forth above.

(c)

At the time of the initial registration and each renewal thereof, and as a requirement for a full and complete registration, the owner or operator of the group home shall provide to the City Clerk, for public dissemination, a writing that describes the location, purpose, function and mission of the group home, along with a general description of the nature and characteristics of the non-staff member residents of the group home.

(d)

In the case of a group home serving persons who are mentally ill, no person residing therein shall have been convicted of a felony involving a violent offense or shall have been determined to be not guilty by reason of insanity to a violent offense. As a means of providing for the enforcement of this Subsection, the owner or operator of a group home serving persons who are mentally ill shall advise the Chief of Police as to the identity, including the name, date of birth and social security number, of each resident of the group home within one (1) business day of the initial residency of each resident.

(e)

No group home shall be located within seven hundred fifty (750) feet, as measured on the shortest straight line from property line to property line, of any other group home within or outside of the City.

(f)

It shall be unlawful to operate a group home without first having registered as required herein. It shall be unlawful to operate a group home with an expired registration. It shall be unlawful to operate a group home for the mentally ill without providing identity information in the form and at the time required by Subsection (d) above. It shall be unlawful to operate a group home within seven hundred fifty (750) feet of any other group home within or outside of the City.

(Ord. 10-10 §1, 2010)