15.07.320 Group homes for handicapped or disabled persons.
A. Number of Persons Permitted. A group home with no more than eight (8) handicapped or disabled residents, as defined at PMC 15.07.410, is an allowed use in the zone districts as indicated in PMC 15.02.230 Additional necessary persons required for the care and supervision of the permitted number of handicapped or disabled persons are allowed. Group homes with more than eight (8) handicapped or disabled residents will require a special use permit, which shall be reviewed and processed as an application for a reasonable accommodation under the requirements and standards of the Fair Housing Amendments Act (FHAA), specifically, 42 U.S.C. 3604(f)(3)(B). A group home shall not include any person required to register as a sex offender pursuant to § 18-3-412.5, C.R.S., as amended, unless related by blood, marriage or adoption or in foster care.
B. Compliance with State and Local Requirements.
1. The group home shall maintain compliance with applicable building codes, fire codes, and health codes based upon the occupancy classification and number of residents and necessary persons for care of the residents.
2. The group home shall comply with the parking standards of this title. All commercial components, such as parking lots and playgrounds, shall be screened and buffered from neighboring residences and uses.
3. Copies of any applicable current state or local certifications, licenses or permits for the group home shall be maintained on the premises.
C. Compliance with Federal Requirements. A group home for handicapped or disabled persons shall quarterly, and otherwise upon request by the Town Manager, provide evidence and/or demonstrate that the residents in the group home are handicapped individuals and entitled to protection under the FHAA, Americans with Disabilities Act (ADA), or the Federal Rehabilitation Act.
D. Meetings and Gatherings. Meetings or gatherings on site at a group home for handicapped or disabled persons that are consistent with a normal residential family setting are allowed and shall only be for residents, family of residents, and necessary persons required for the support, care and supervision of the handicapped or disabled persons. This does not permit conducting ministerial activities of any private or public organization or agency or permit types of treatment activities or the rendering of services in a manner substantially inconsistent with the activities otherwise permitted in the particular zoning district. See § 31-23-303(2)(c), C.R.S. (Ord. 711 §1 (Exh. A), 2017)