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HomeMy WebLinkAboutBill 69-97 Define an audlt care homeAMENDED BILL ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE MUNICIPAL CODE TO DEFINE AN ADULT CARE HOME AND TO CREATE AN EXCEPTION TO THE ZONING DISTRICT REGULATIONS TO ALLOW ADULT CARE HOMES WITHIN RESIDENTIAL DISTRICTS UPON APPROVAL OF THE BOARD OF ZONING APPEALS ---------------------------------------------------------- - - - - -- STATEMENT -OF PURPOSE AND INTENT -------------------------=------------- - - - - -- The purpose of this ordinance is to amend Chapter 21 of the Municipal Code to Define an adult care home and to create an exception to the zoning regulations to allow adult care homes within Residential districts upon approval of the Board of Zoning Appeals. The Common Council of the City of South Bend recognizes the benefit of encouraging the development of inexpensive residential environments for adults who need daily assistance but do not require or desire institutional care. The Common Council also recognizes the community's need for control over such development, and the right of the public to comment on the proposed use of property within any district as an adult care home. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 21, Article 1, Section 21 -1(a) of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 21 -1. Definitions. (a) As used in this chapter, unless otherwise provided: _(6.1) Adult care home means any residence in which accommodation, board, care, supervision, instruction, or maintenance of adult people who are sick, injured, aged, infirmed, bedfast, or in need of considerable nursing care, and unrelated by blood or marriage to the owner or occupant of the residence is provided for anv part of the day for two or more consecutive weeks. SECTION II. Chapter 21, Article 6, Section 21 -112 of the South Bend Municipal Code shall be, and hereby is, amended to add the following section: Sec. 21- 117.01 Exceptions in "A" and "A -1" residential districts. (a) The following exceptions may be permitted in "A" Residential Districts and "A -1" Residential Districts: M (1) Adult care homes. Provided that: A_ no more than four (4) adult people are receiving the services of the adult care home at any time; and (B) no more than.one (1) person who is not a resident of the household is providing such services to the adult people at any time. (C)_ the Petitioner for the exception shall demonstrate that adequate off - street parking will be provided to accommodate the needs of the residents and service providers of the facility. SECTION III. This ordinance shall be in full force and effect from and after its passage by the Common Council and approval by the Mayor. J READING -7—'N47 'LIC HEARING r READING C?T APPROVED .EFERRED PASSED Member of the Common Council Filed in Clel,k's Office AUG 2 s 1997 .... �..... o. ®®- LORMA J. DUDA 0". CLERK, 50. BEND, IN AMENDED BILL ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE MUNICIPAL CODE TO DEFINE AN ADULT CARE HOME AND TO CREATE AN EXCEPTION TO THE ZONING DISTRICT REGULATIONS TO ALLOW ADULT CARE HOMES WITHIN ALL DISTRICTS UPON APPROVAL OF THE BOARD OF ZONING APPEALS ---------------------------------------------------------------- STATEMENT OF PURPOSE AND INTENT ---------------------------------------------------------- - - - - -- The purpose of this ordinance is to amend Chapter 21 of the Municipal Code to Define an adult care home and to create an exception to the zoning regulations to allow adult care homes within all districts upon approval of the Board of Zoning Appeals. The Common Council of the City of South Bend recognizes the benefit of encouraging the development of inexpensive residential environments for adults who need daily assistance but do not require or desire institutional care. The Common Council also recognizes the community's need for control over such development, and the right of the public to comment on the proposed use of property within any district as an adult care home. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 21, Article 1, Section 21 -1(a) of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 21 -1. Definitions. (a) As used in this chapter, unless otherwise provided: (6.1) Adult care home means any residence in which accommodation board care supervision instruction, or maintenance of adult People unrelated by blood or marriage to the owner or occupant of the residence is provided for any part of the day for two or more consecutive weeks SECTION II. Chapter 21, Article 6, Section 21 -112 of the South Bend Municipal Code shall be, and hereby is, amended to add the following section: Sec. 21- 117.01 Exceptions in "A" and "A -1" residential districts. (a) -The following exceptions may be permitted in "A" Residential Districts and "A -1" Residential Districts: (1Z Adult care homes. Provided that: (AZ no more than four (4) adult people are receiving the services of the adult care home at any time,* and LZ no more than one (1) person is providing such services to the adult people at any time. SECTION effect from approval by 1st READING PUBLIC HEARING U READING +•iCi7 APi ROVED PASSED III. This ordinance shall be in full force and and after its passage by the Common Council and the Mayor. L 41;, zt��L Member of the Common Co ncil J U L 2 3 1997 �LORFETTA J. DUDA C Y CLERK, SO. BEND, R -1> 1400 COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR DEPARTMENT OF LAW RICHARD A. NussBauM,II CITY ATTORNEY July 22, 1997 Mr. Roland Kelly President, South Bend Common Council Fourth Floor, County -City Building South Bend, Indiana 46601 Dear Mr. Kelly: PHONE 219 /235 -9241 FAx 219/235 -9892 TDD 219/235 -5567 ANNE E. BRUNEEL CHIEF ASSISTANT CITY ATTORNEY Attached for filing with the South Bend Common Council, please find an amended bill to amend Chapter 21 of the South Bend Municipal Code to provide for adult care homes in residential districts. The original bill provided for a special exception for adult care homes in all zoning districts. The amended bill would provide for such establishments in A and A -1 residential districts only. Such establishments are already allowed in other residential districts. In addition, it does not seem appropriate to provide for such facilities in non - residential districts. In addition, this bill as amended deletes all references to licensing requirements in order to allow the Area Plan Commission to consider only the proposed amendments governing zoning at its next meeting. If you have any questions in this regard, please do not hesitate to contact me. cc: Kathleen Cekanski - Ferrand Common Council Members Loretta Duda Robert Sante Enclosure zoning \homecare.1tr THOMAS L. BODNAR Sincerely, C_Av� ,cam- � Ann -Carol Simons Assistant City Attorney ALADEAN M. DEROSE Filed in Clerk's Office i J U L 2" 1997 L0REMAJ. ?)UroA CITY CLE -,V, SO, 8F NU, IN' MICHELLE L. ENGEL JEFFREY M. JANKOWSKI ROBERT C. ROSENFELD ANN -CAROL SIMONS ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 21 OF THE MUNICIPAL CODE TO DEFINE AN ADULT CARE HOME AND TO CREATE AN EXCEPTION TO THE ZONING DISTRICT REGULATIONS TO ALLOW ADULT CARE HOMES WITHIN ALL DISTRICTS UPON APPROVAL OF THE BOARD OF ZONING APPEALS AND TO PROVIDE FOR LICENSING OF ADULT CARE HOMES STATEMENT OF PURPOSE AND INTENT The purpose of this ordinance is to amend Chapter 21 of the Municipal Code to Define an adult care home and to create an exception to the zoning regulations to allow adult care homes within all districts upon approval of the Board of Zoning Appeals and to provide for licensing of adult care homes. The Common Council of the City of South Bend recognizes the benefit of encouraging the development of inexpensive residential environments for adults who need daily assistance but do not require or desire institutional care. The Common Council also recognizes the community's need for control over such development, and the right of the public to comment on the proposed use of property within any district as an adult care home. NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: SECTION I. Chapter 21, Article 1, Section 21 -1(a) of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 21 -1. Definitions. (a) As used in this chapter, unless otherwise provided: (6.1) Adult care home means any residence in which accommodation, board, care, supervision, instruction, or maintenance of adult people unrelated by blood or marriage to the owner or occupant of the residence is provided for any part of the day for two or more consecutive weeks. SECTION II. Chapter 21, Article 6, Section 21 -112 of the South Bend Municipal Code shall be, and hereby is, amended to add the following subsection: Sec. 21 -112 (a) The following exceptions may be permitted in all districts: (8) Adult care homes. Provided that: (A) no more than four (4) adult people are receiving the services of the adult care home at any time; and SB no more than one (1) person is providing such services to the adult people at any time. SECTION III. Chapter 4, Article 3, Section 4 -17 of the South Bend Municipal Code shall be, and hereby is, amended to read as follows: Sec. 4 -17. Businesses requiring a license. (c) Regulated businesses: (1) Adult business. (1.1) Adult Care Home. SECTION IV. Chapter 4, Article 4, of the South Bend Municipal Code shall be, and hereby is, amended to add the following section: Sec. 4 -36. Adult Care Homes. a) Definition. Adult care homes as defined in Chapter 21 of this Code shall be subject to the licensing provisions of this section. (b) License required. No person shall operate an adult care home who does not possess and conspicuously post a valid adult care home license within the premises. All persons operating an adult care home as of the effective date of this ordinance shall have ninety (90) days thereafter to apply for a license under this section. (c) Application. Each applicant for a license shall procure from the Office of the Controller an application for such license, which application shall include: (1) The name, address and telephone number of the proposed owner and operator of the adult care home. (2) The name, address and telephone number of the adult care home. (3) The number of employees. (d) Investigation. The Police Department shall conduct an investigation of each applicant for an adult care home license and shall attach a copy of the police record, if any, to the application for consideration by the Controller. (e) Inspection. The Building and Fire Departments shall inspect the premises to be used as an adult care home, and shall make recommendations to the Controller as to issuance of the license. (f) License denial or revocation. The Controller may deny a license, or revoke a license issued, to any person who fails to comply with the requirements of this section, who receives an unfavorable report or recommendation from the Police, Building or Fire Department, who knowingly allows illegal activity to occur on the premises of the adult care home, or for any reason stated in section 4 -16 of this chapter. The denial or revocation of an adult care home license is governed by section 4 -16 of this chapter. SECTION V. Chapter 4, Article 4, Section 4 -64 of the South Bend Municipal Code shall be, and hereby is, amended to add the following provision: 4 -64. Chart of Licensing fees. Regulated Activity Adult business Adult care home Code Section 4 -18.5 4 -36 SECTION VI. This ordinance shall be i n effect from and after its passage by the Common by the Mayor, and legal publication as required 1 st READING 7 -! 4 —° PUBLIC HEARING 3 rd READING !',,'OT APPROVED I'NZERR•ED PASSED Fee $500.00 50.00 full force and Council, approval by law. Member of the Common Council