Ordinance NO. 2013-6

BEFORE THE TOWN COUNCIL
TOWN OF MOUNTAIN VIEW
STATE OF COLORADO

ORDINANCE NO. 2013-6

TITLE: AN ORDINANCE AMENDING SECTION 16-10-100 OF THE MOUNTAIN VIEW MUNICIPAL CODE REGARDING SPECIAL EXCEPTIONS FOR GROUP HOMES

NOW THE COUNCIL OF THE TOWN OF MOUNTAIN VIEW, COLORADO, ORDAINS THAT:

Section 1. Section 16-10-100 of the Town of Mountain View Municipal Code is amended to read as follows, with new language appearing in ALL CAPS, and deleted language appearing in strikethrough:

Section 6-10-100. Special exceptions for group homes.

(a) In addition to all other information required by this Article, an application for a special exception for a group home shall include the following:

(1) Written verification that the group home is licensed by the State or that said license is pending;

(2) The expiration date, if any, of said license or pending license; and

(3) Written verification that the proposed occupancy complies with the currently adopted edition of the building code.

(b) In addition to all other findings required by this Article, in the case of a group home, the Board shall make the following findings:

(1)  That the applicant is licensed by the State to operate such a facility. If said license is pending, a special exception may be granted, but shall not take effect until licensing becomes final;

(2)  That the proposed occupancy complies with the currently adopted building code; and

(3)  That the proposed group home will not have any adverse effect on the residential character and quality of the Town.

(3)  THE GROUP HOME SHALL NOT BE LOCATED CLOSER THAN 750 FEET FROM ANY OTHER GROUP HOME OF A SIMILAR TYPE;

(4)  ANY ALTERNATIONS OR ADDITIONS TO ANY STRUCTURE SHALL MAINTAIN THE RESIDENTIAL CHARACTER OF THE NEIGHBORHOOD;

(5)  THE GROUP HOME SHALL NOT CREATE A FUNDAMENTAL ALTERATION TO THE TOWN’S LAND USE AND ZONING SCHEME; AND

(6)  THE GROUP HOME SHALL NOT IMPOSE AN UNDUE FINANCIAL OR ADMINISTRATIVE BURDEN TO THE TOWN.

(C) Dispersal policy. In the absence of compelling reason to the contrary, it is the policy of the Town that, in order to prevent the concentration of group homes, no two (2) group homes shall be located within on quarter (1⁄4) mile of each other within the Town. The Board shall therefore find that there is no other home located within one quarter (1⁄4) mile of the proposed group home or that there are compelling reasons for disregarding this dispersal policy in a particular case.

(d) A special exception for a group home shall be granted for the term of the group home license or for such shorter period of time as the Board finds appropriate under the circumstances of the case, but in no event a period of more than two (2) FIVE (5) years.

(e) Upon receiving an application for renewal of any special exception for a group home, the Chief Building Official shall review Town files to determine if the Town has received any written complaints regarding the operation of the group home during the term of the special exception. In addition, the Chief Building Official shall inquire of the group home licensing agency to determine whether the licensing agency has received any such complaints and, if so, the nature of such complaints. If any such complaints have been received, the application for renewal shall be heard before the Board under the same requirements for a new special exception. If no complaints have been received, the Chief Building Official shall issue an automatic renewal of the special exception under the same conditions and duration as the original special exception.

Section 2. Safety Clause. The Town Council hereby finds, determines and declares that this Ordinance is promulgated under the general police power of the Town of Mountain View, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Town Council further determines that this Ordinance bears a rational relation to the proper legislative object sought to be attained.

Section 3. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances.

Section 4. Effective Date. This Ordinance shall become effective ten (10) days after passage.

INTRODUCED, FIRST READ, PASSED, AND ORDERED POSTED ON FIRST READING THIS 8TH DAY OF APRIL, 2013

PASSED, ADOPTED, AND APPROVED ON SECOND READING THIS 13TH DAY OF MAY 2013