Subject: 10447/Zoning Code Amend. Date: Tue, 23 Jul 1996 08:49:57 -0500 ORDINANCE NO. 10447 AN ORDINANCE TO AMEND ORDINANCE NO. 6958, AS AMENDED AND KNOWN AS THE CITY OF CHATTANOOGA ZONING ORDINANCE, RELATIVE TO THE PERMITTING PROCEDURES FOR ASSISTED LIVING FACILITIES, HOSPITALS, HOUSEPARENTS OR GUARDIANS, MEDICALLY ASSISTED LIVING FACILITIES AND NURSING HOMES AND TO AMEND THE ZONING ORDINANCE TO PROVIDE FOR PERMITTING PROCEDURES AND ZONE LOCATIONS FOR SUCH USES, AS SPECIFIED HEREIN. ______________________________ WHEREAS, the Chattanooga-Hamilton County Regional Planning Agency staff has determined there is a need to improve the process associated with zoning and permitting requirements for the operation of residential group homes in the City of Chattanooga; and WHEREAS, definitions of hospitals and nursing homes need to be defined in the Zoning Ordinance; and WHEREAS, hospitals and nursing homes currently require a Special Permit from the Board of Appeals in the R-3 Residential Zone and the Planning Commission has found that such uses are inappropriate for that Residential Zone; and WHEREAS, on July 8, 1996, the Chattanooga-Hamilton County Regional Planning Commission also adopted a resolution recommending the following code amendments to the Chattanooga City Council; 0C SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Article II, Section 100 be amended to add five new subsections as follows: (6.01) Assisted Living Facility: Any building, establishment, complex which accepts persons for domiciliary care and provides room, board, and non-medical living assistance to the residents. Prescribed medical treatment may be administered, subject to the provisions of T.C.A. 68-11-201. (47.01) Hospital: Any institution, place, building or agency where care, accommodations, facilities and equipment are furnished, for one (1) or more nonrelated persons who need the care of nursing, medical or surgical services. (49.01) Houseparent or Guardian: Persons who provide care for the residents of Residential Homes for the Handicapped and/or Aged Persons, Assisted Living Facilities, and Medically Assisted Living Facilities. (66.01) Medically Assisted Living Facility: A group home facility, not otherwise regulated or defined by this Ordinance or otherwise exempt from local regulations, where living assistance (including prescribed medical treatment) is given to the residents. (71.01) Nursing Home: Any institution, place, building or agency where care is provided for one (1) or more nonrelated persons who are not acutely ill, but who do require skilled nursing care and related medical services beyond the basic provisions of food, shelter and laundry. SECTION 2. BE IT FURTHER ORDAINED that Article V be amended by adding the following as Sections 108 and 208: Special Exceptions Permits Issued by the Board of Appeals for: (1) Assisted Living Facilities: The Board of Appeals may issue a Special Exceptions Permit for an Assisted Living Facility under the terms specified in Article VIII of this Ordinance, provided that the Facility shall contain no more than eight (8) residents. This facility may include two (2) additional persons (plus their dependents) acting as houseparents or guardians, who need not be related to the persons residing in the home. SECTION 3. BE IT FURTHER ORDAINED that Article V, Section 301 (11), be amended by deleting the following: (11) Hospitals, nursing homes and clinics, except for the insane or contagious disease, and except that such use shall require a special permit under the terms of Article VIII. SECTION 4. BE IT FURTHER ORDAINED that Article V be amended by adding the following as Sections 308 and 407: Special Exceptions Permits Issued by the Board of Appeals for: (1) Assisted Living Facilities: The Board of Appeals may issue a Special Exceptions Permit for an Assisted Living Facility under the terms specified in Article VIII of this Ordinance. (2) Medically Assisted Living Facilities: The Board of Appeals may issue a Special Exceptions Permit for a Medically Assisted Living Facility under the terms specified in Article VIII of this Ordinance. SECTION 5. BE IT FURTHER ORDAINED that Article VIII, Section 107 (1), be amended by deleting the following: (1) Hospitals, nursing homes, and clinics, except for the insane or contagious diseases, in the R-3 Residential Zone. SECTION 6. BE IT FURTHER ORDAINED that Article VIII, Section 107 (1), be amended by adding the following subsection: (20) Residential Homes for the Handicapped and/or Aged Persons, Assisted Living Facilities and Medically Assisted Living Facilities, Nursing Homes and Hospitals. (See T.C.A. A713-24-104 for the exemption of residential homes operated on a non-commercial basis.) Application to the Board shall be accompanied by a site plan, drawn to scale, showing the following information: (a) Size and location, and use of all buildings and structures; (b) Parking and loading facilities; (c) Points of ingress and egress; (d) Surrounding land uses; and (e) A list showing: 1. Number of residents; 2. Number of employees, visitors and/or volunteers who may reasonably be expected at any one time; 3. State licensure department (if applicable); 4. Type of license and nature of operation; and 5. A statement of whether the facility will be operated for "profit" or "not for profit". The Board shall find that such uses are appropriate to the zone in which they are proposed to be located; that the proposed use will not conflict with the developed character of the area; that the City Traffic Engineer has approved all plans for the points of ingress and egress, parking and loading facilities; and that the proposed use will not be in conflict with the adopted plans of the community. Prior to operating any of the above uses, both the Special Exceptions Permit and the State License (where applicable) must be obtained. SECTION 7. BE IT FURTHER ORDAINED that Article VIII, Section 107 (5), be amended by deleting the following: (5) For hospital and nursing homes in the R-4 Special Zone. SECTION 8. BE IT FURTHER ORDAINED that this Ordinance shall become effective within two (2) weeks from and after its passage as provided by law. PASSED on Third and Final Reading July 16, 1996. ______________s/s_________________ CHAIRPERSON APPROVED: __x__ DISAPPROVED: _____ DATE: July 16, 1996 _______________s/s________________ MAYOR PAN.tll