February 28, 2019
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
The primary reason for this request is to align the UDO with the Fire Code.
Subject: (REZN-02-19-0219) Request to amend the text of the Unified Development
Ordinance (UDO) in regards to Table 3.1.1. ? Personal Care Homes, Chapter 3 ?
Section 3.2.50 Personal Care Home, Type 1, Section 3.2.51 Personal Care Home,
Type 2, Section 3.2.73 Foster Care Home, Section 3.2.74 Group Foster Home and
Chapter 13 Definitions to read as follows:
UNIFIED DEVELOPMENT ORDINANCE REVISIONS
(Explanation of Revisions)
1. Explanation of Revisions: Amend Table 3.1.1. by deleting Personal Care Home
Type III and creating Foster Care Home and Group Foster Home in the following
districts:
Use
Category HIST RE10 RE5 RE1 RT SFR1 SFR2 SFR3 SFR4 RMF1 RMF2 MHP UPT CRD NC RO CO GC SAC LMI HMI TECH NOTES
Foster Care home P P P P P P P P P P P *
Group Foster Home SE SE P P
2. Explanation of Revisions: Amend Chapter 3 to create Section 3.2.51 to add
additional standards to Personal Care Home, Type II:
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
CHAPTER 3
Section 3.2.51 - Personal Care Home, Type II.
A Type II personal care home shall comply with the standards listed below.
A. Number of Residents. Personal care shall be provided for not less than 7 or
not more than 18 residents.
B. Character of Dwelling. The character of the dwelling shall conform to the
neighborhood and zoning district in which the facility is located.
C. Signs. Signs shall comply with the requirements of Article 4 of Chapter 4.
D. Compliance. The facility shall comply with all applicable federal, state or
local laws and regulations.
CHAPTER 3
Section 3.2.51 - Personal Care Home, Type II.
A Type II personal care home shall comply with the standards listed below.
A. Number of Residents. Personal care shall be provided for not less than 7 or
not more than 15 residents.
B. Character of Dwelling. The character of the dwelling shall conform to the
neighborhood and zoning district in which the facility is located.
C. Signs. Signs shall comply with the requirements of Article 4 of Chapter 4.
D. Compliance. The facility shall comply with all applicable federal, state or
local laws and regulations.
3. Explanation of Revisions: Amend Chapter 3 to delete Section 3.2.52:
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
CHAPTER 3
Section 3.2.52. - Personal Care Home, Type III.
A Type III personal care home shall comply with the standards listed below.
A. Number of Residents. Personal care shall be provided for not less than 19
residents.
B. Signs. Signs shall comply with the requirements of Article 4 of Chapter 4.
C. Compliance. The facility shall comply with all applicable federal, state or
local laws and regulations.
D. Additional Treatment Permitted. In addition to personal care, a Type III
facility also may provide convalescent or nursing home care.
E. Accessory Commercial Uses Permitted. Up to ten percent of the gross floor
area may be utilized for resident-serving accessory commercial uses, including
banking and finance, beauty and barbershops, specialty foods, personal services
and sale of convenience foods and items.
CHAPTER 3
Section 3.2.52. ? Reserved.
4. Explanation of Revisions: Amend Chapter 3 to create Section 3.2.73 to add
additional standards to Foster Care Home:
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
CHAPTER 3
N/A
CHAPTER 3
Section 3.2.73 - Foster Care Home.
Foster Care Home shall comply with the standards listed below:
A. Number of Residents. Twenty Four hour care, lodging, supervision and
maintenance shall be provided for not more than six residents.
B. Character of Dwelling. In a single-family or multifamily residential zoning
district, the character of the dwelling shall conform to the neighborhood in
which the facility is located.
C. Signs in Single-family Zoning Districts. Installation of signs in a
single-family zoning district comply with the standards of Article 4 of Chapter
4.
D. Compliance. The facility shall comply with all applicable federal, state or
local laws and regulations.
5. Explanation of Revisions: Amend Chapter 3 to create Section 3.2.74 to add
additional standards to Group Foster Home:
ORIGINAL ORDINANCE PROPOSED ORDINANCE CHANGE
CHAPTER 3
N/A
CHAPTER 3
Section 3.2.74 ? Group Foster Home.
Foster Group Home shall comply with the standards listed below:
A. Number of Residents. Twenty Four hour care, lodging, supervision and
maintenance shall be provided for not less than 7 or not more than 15
residents.
B. Character of Dwelling. In a multifamily residential zoning district, the
character of the dwelling shall conform to the neighborhood in which the
facility is located.
C. Signs. Signs shall comply with the requirements of Article 4 of Chapter 4.
D. Compliance. The facility shall comply with all applicable federal, state or
local laws and regulations.
6. Explanation of Revisions: Add and delete definitions from Chapter 13:
CHAPTER 13
Personal Care Home, Type III means an establishment that provides personal care
for 19 or more clients that are aged, disabled or ill, excluding hospitals,
clinics and similar institutions that provide medical diagnoses and treatment
of illness. A Type III facility includes a convalescent or nursing facility
providing personal care and medical care or treatment of its residents.
N/A
N/A
Personal care home or facility means an establishment providing personal care
for more than 24 hours.
Personal Care Home, Type I means an establishment that provides personal care,
including foster care for children, for not more than 6 clients that may or may
not be disabled, excluding staff, within a long term residential, family-like
setting.
Personal Care Home, Type II means an establishment that personal care,
including foster care for children, for seven to 18 clients that may or may not
be disabled, excluding staff, within a long-term residential, family-like
setting.
Personal care services means, for the purposes of regulating personal care
facilities, assistance with or supervision of essential activities of daily
living such as eating, bathing, grooming, dressing, and ambulating, and the
supervision of self-administered medication and similar services.
CHAPTER 13
N/A
Foster Care Home means a private home used by a child-placing agency which has
been approved by the child-placing agency to provide 24 hour care, lodging,
supervision and maintenance for no more than six children who are unrelated to
the foster parent or parents as defined in O.C.G.A. ?49-5-60 (10).
Group Foster Home means a building or portion thereof that provides
sleeping/lodging accommodations, whether operated for profit or not, for a
total of more than six but 15 or fewer minor/juvenile persons not related by
blood or adoption to the owner or operator on a transient or permanent basis,
with or without meals but without separate cooking facilities for individual
occupants. Each location must be licensed by the state agency having
jurisdiction.
Personal Care Home means any dwelling, whether operated for profit or not,
which undertakes through its ownership or management to provide for or arrange
for the provision of housing, food service, and one or more personal care
services for two or more adults who are not related to the administrator by
blood or marriage, as defined and licensed in accordance with O.C.G.A.?
31-7-12 as such Code Section may from time to time be amended.
Personal Care Home, Type I means a Personal Care Home that provides personal
care services, for not more than 6 adult clients that may or may not be
disabled, excluding staff, within a long term residential, family-like setting.
Personal Care Home, Type II means a Personal Care Home that provides personal
care services for seven to 15 adult clients that may or may not be disabled,
excluding staff, within a long term residential, family-like setting.
Personal care services include, but are not limited to individual assistance
with or supervision of self-administered medication, and essential activities
of daily living such as eating, bathing, grooming, dressing and toileting.
Recommendations:
The Planning Advisory Commission (PAC) considered this text amendment at their
meeting on February 20, 2019. By a vote of 8-0, the PAC recommended approval.
The Planning Department recommends approval.
Sincerely,
Rick Jones, AICP
Director, Planning Department
Attachments