§ 34-237. Institutional residential homes

(a) Institutional residential homes shall be allowed in residential districts subject to the following conditions:

(1) When a site for an institutional residential home has been selected by a sponsoring agency in a residential land use district, the agency shall notify the director of planning in writing and include in the notice the specific address of the site, the residential licensing category, the number of residents, and the community support requirements of the program. Such notice shall also contain a statement from the district administrator of the department of human resources indicating the need for and the licensing status of the proposed institutional residential home and specifying how the home meets applicable licensing criteria for the safe care and supervision of clients in the home. The district administrator shall provide to the director of planning with the most recently published data compiled that identifies all institutional residential homes in the district in which the proposed site is to be located. The director of planning shall review the notification of the sponsoring agency in accordance with applicable requirements of this article.

(2) Pursuant to such review, the director of planning may:

a. Determine that the siting of the institutional residential home is in accordance with applicable requirements and approve the siting after review by the planning commission. If the siting is approved, the sponsoring agency may establish the home at the site selected. If the director of planning fails to respond within 60 days, the sponsoring agency may establish the home at the site selected.

b. Deny the siting of the home.

(3) The director of planning shall not deny the siting of an institutional residential home unless he establishes that the siting of the home at the site selected:

a. Does not otherwise conform to existing regulations applicable to other or institutional uses in the area.

b. Does not meet applicable licensing criteria established by the department of human resources, including requirements that the home be located to assure the safe care and supervision of all clients in the home.

c. Would result in such a concentration of institutional residential homes in the area in proximity to the site selected, such that the nature and character of the area would be substantially altered. A home that is located within a radius of 1,200 feet of another existing institutional residential home shall be an over-concentration of such homes that substantially alters the nature and character of the area.

(4) All distance requirements shall be measured from the nearest point of the existing home to the nearest point of the proposed home via the path of travel.

(b) The director of planning shall, within 20 days of the receipt of the application, review the application and provide the planning commission and the applicant with a written decision outlining the reasons for the decision.

(Ord. of 7-20-1994, § 3.06)