Parkersburg City Zoning Code
ARTICLE 1368
Group Residential Homes
1368.01 DEFINITION.
For the purpose of this Article, "Group Residential Home" shall mean a building owned, leased or occupied by developmentally disabled or behaviorally disabled persons for purposes of establishing a personal residence.
(Ord. 0-1706. Passed 6-14-22.)
1368.02 PURPOSE.
The purpose of these regulations is to permit the establishment and occupation of Group Residential Homes as authorized by the provisions of West Virginia Code Chapter 27, Article 17, as amended, and in compliance with the Fair Housing Act, while preserving the residential character of neighborhoods in which such Group Residential Homes may be located and prevent a concentration of such facilities in any particular area.
(Ord. 0-1706. Passed 6-14-22.)
1368.03 REGISTRATION REQUIRED.
A completed registration form shall be submitted to the Office of the Finance Director on a form established for such purpose. Registration shall become effective upon issuance of a Certificate of Occupancy for the Group residential Home and shall terminate when the Group residential Home use ceases. No registration shall be accepted for a Group Residential Home that does not comply with the requirements of this Article. Any information upon such registration forms which is changed or amended shall be promptly provided to the City.
(Ord. 0-1706. Passed 6-14-22.)
1368.04 ZONING CONFIRMATION.
Prior to registration, a request for zoning confirmation shall be submitted to the appropriate office of the Chief Code Official to confirm that the proposed location of the group home is permitted under this section.
(Ord. 0-1706. Passed 6-14-22.)
1368.05 CERTIFICATE OF OCCUPANCY.
A Group Residential Home may not be occupied by tenants until a Certificate of Occupancy has been provided by the Director of Finance and the Code Enforcement Division reflecting compliance with all the provisions of this article.
(Ord. 0-1706. Passed 6-14-22.)
1368.06 STANDARDS.
All Group residential Homes shall be located, developed, operated and occupied in compliance with the following standards:
(a) Separation. The minimum separation between Group Residential Homes shall be no less than 1,500 feet, as measured from the closest exterior property lines of the real property upon which the Group Residential Homes are located.
(b) Occupancy. The number of residents, excluding staff, shall not exceed twelve (12), or one (1) person per 200 square feet of interior living space, whichever is less.
(c) Exterior Appearance and Structural Alterations. The residential character of the property shall be maintained. There shall be no sign or other exterior indication of a Group Residential Home visible from the street. A Group Residential Home shall not result in any structural alterations or additions to a building that will change its primary use classification. Existing garages, carport structures, or driveways shall not be expanded, enclosed, displaced, or otherwise modified. Any permitted expansion, remodeling, or other modification of a dwelling unit shall comply with all applicable zoning requirements without requiring a variance or relief from standard requirements for the zoning district within which the dwelling unit is located.
(d) Compliance with all Applicable Building and Fire Safety Regulations. A Group Residential Home must meet all applicable building, fire and/or other life safety codes in effect.
(e) Licensing. Group residential Homes shall comply with all applicable licensing requirements of the State of West Virginia.
(f) NARR Certification. A Group Residential Home must be certified, in writing, as being in compliance with the National Alliance for Recovery Residence (NARR) standards and code of ethics, if applicable.
(g) Parking. Any parking for Group Residential Homes shall be in compliance with all off street parking requirements as set forth in Article 1363 of the Codified Ordinances of the City.
(h) Tenancy. No Group Residential Home shall house any person whose tenancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others.
(i) Exclusive Use. All administrative activities including staffing, counseling and other visitations shall serve only the residents of the Group Residential Home.
(j) Reporting of Deaths, Injuries and/or Emergency Response. Every Group Residential Home shall report to the Police Department of the City of Parkersburg the occurrence of any deaths or serious injuries to any tenant of the Group Residential Homes or other persons upon the premises, and any police, fire or other emergency response upon or to the premises, accompanied by a concise description of any such occurrences.
(k) Responsible Party. All applications for registration of a Group Residential Home shall identify the name, business address, business phone number, and email address, of the person or entity primarily responsible for the operation and occupancy of a Group Residential Home and compliance with the provisions of this Article. (Ord. 0-1706. Passed 6-14-22.)
1368.07 ADDITIONAL REQUIREMENTS OF STATE LAW.
Notwithstanding any of the provisions of this Article, if the State of West Virginia adopts laws or rules for the regulation of Group Residential Homes, then such State law or regulations shall apply in addition to the standards herein set forth.
(Ord. 0-1706. Passed 6-14-22.)
1368.08 REQUEST FOR ACCOMMODATION.
If an owner of a Group Residential Home believes any requirement of this Article prevents the lawful establishment of a Group Residential Home, the owner shall submit to the City a written request for accommodation and the reasons why the accommodation is required. The written request shall contain sufficient facts to allow the City to make a determination whether an accommodation should be made pursuant to the requirements of the Fair Housing Act, Americans with Disabilities Act (ADA) or any other applicable federal or state law; and if so, the nature and extent of the accommodation taking into consideration the requirements of the law and the public health, safety and welfare. The City shall issue an administrative decision upon any such request within thirty (30) days of the date thereof, and the decision shall be made public. Any such owner of a prospective Group Residential Home or any resident of the city who can establish a direct impact from any such decision shall have the right to appeal the administrative decision to the Board of Zoning Appeals of the City of Parkersburg, which shall conduct a public hearing as provided by law, and issue a ruling affirming or denying the appeal. Any decision of the Board of Zoning Appeals may be appealed to the Circuit Court of Wood County by the filing of a Petition for Writ of Certiorari within thirty (30) calendar days of the issuance of the final decision.
(Ord. 0-1706. Passed 6-14-22.)