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HomeMy WebLinkAboutRes 27-90 06/19/1990 RESOLUTION NO. 27-90 RESOLUTION STATING THE INTENT OF THE VILLAGE OF MOUNT PROSPECT TO MEET THE FAIR HOUSING ACT OF 1988, AS AMENDED, AND THE REQUIREMENTS OF THE COMMUNITY RESIDENCE LOCATION ACT OF 1989 WHEREAS, the Fair Housing Act of 1988, as amended, brings people with developmental or mental disabilities under the protection of federal fair housing law; and WHEREAS, the State of Illinois Community Residence Location Planning Act of 1989 was adopted to advance the adoption of legal zoning provisions for group homes by each of Illinois 110 home role municipalities; and WHEREAS, The Community Residence Location Planning Act requires each home rule municipality to submit a plan by July 1, 1990 stating the measures that the municipality will take to assure the adequate availability of sites for group homes within the municipality; and WHEREAS, The Village of Mount Prospect is a home rule municipality. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The following shall be the plan that the Village of Mount Prospect intends to implement prior to December 31, 1990, to meet the requirements of the Community Residence Location Planning Act. SECTION TWO: The Mount Prospect Zoning Ordinance currently has the following provisions for group homes, generally described: 1. A family care home of no mOre than five (5) developmentally disabled, handicapped or senior citizens is a permitted use in all residential zoning districts. 2. A group home of six (6) to twenty-five (25) developmentally disabled, handicapped or senior citizens is a Special Use in all residential zoning districts. 3. A family is one or more persons related by blood, marriage or adoption, or a group of not more than five (5) persons not so related, maintaining a common household in a dwelling unit. 4. General provisions for residential care homes provide inspection requirements, location and spacing requirements, parking requirements and occupancy standards. 5. More specific restrictions, including definitions, are in the attached Exhibit A. SECTION THREE: The Village of Mount Prospect intends to comply with the Fair Housing Act and the Community Residence Location Planning Act by taking adequate measures to assure the availability of sites for group homes, by the following amendments to the Zoning Ordinance, generally described: 1. Definition - Group Home - A specialized residential care home serving unrelated persons with mental, intellectual or physical impairments or disabilities, which is licensed, certified or accredited by appropriate local or state authorities. A group home provides a home, family-like living arrangement where residents learn the same daily living skills taught in a typical family household. Professional services and supervision are included in a group home. 2. For persons with disabilities, any group home that complies with the current definition of family, shall be allowed in all residential districts, without any separation requirement. 3. Any group home that does not meet the current def'mifion of family shall be allowed in all residential districts provided that the group home is not located within one thousand feet (1,000') of another group home. The purpose of the separation requirement is to help integrate group homes into the community, and as a minimum, provide a one block separation. 4. Establish a Special Use permit procedure for group homes that do not meet the one thousand foot (1,000') separation requirement described above. The Spedal Use application shall be subject to specific standards, including, but not limited to the following: a. A certified statement by a spedalist in the field'of the specific disability of persons in the proposed group home, indicating that two (2) group homes within the one thousand foot (1,000') separation will not have an adverse impact on the integration into the community or "normalcy" of persons in the group home. 5. All appropriate sections of the Mount Prospect Zoning Ordinance shall be amended to reflect the above standards. SECTION FOUR: The Village of Mount Prospect will undertake the amendments described in Section 2, in the following fashion. 1. Language for the proposed amendments will be drafted by the Department of Planning and Zoning and the Village Attorney. 2. Public hearings on the proposed amendments will be conducted by the Zoning Board of Appeals in August or September of 1990, in compliance with all appropriate State laws. 3. Approval by the Corporate Authorities, and an authorizing ordinance will be adopted in September or October of 1990. · 4. The final ordinance will be sent to the Illinois Council on Developmental Disabilities prior to December 30, 1990. SECTION FOUR: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Arthur, Busse, Corcoran, Floros, Van Geem NAYS: None PASSED this 19th day of June ,1990. APPROVED this 19th day of June ,1990. ATi~EST: VILLAGE CLERK CAROL A. FIELDS -2- ~/~%~HIBIT #A# Sec. 14.114. Requirements for Residential Care Homes. In order to ensure compatibility between existing neighborhoods and proposed residential care homes; to safe- guaxd the public environment and to pro~4de a home enx4ronment, as well as care for the individual needs of the residents of residential care homes; to prevent overconcentrations of such facilities; to insure adequate and reasonable control; and to facilitate fa. fi- consideration of permit applications for such uses; the following requirements are set forth for residential care homes: .... A. All residential care homes shall be licensed by the State or, if no State licensing program exists, by the Village. Such license shall be subject to annual inspection and, if a Vi)l,$e license, annual renew'al. No such faeih'ty shall be permitted to operate without proof of license being submitted to the Director of Community D~','elopment. B. All residential care homes shall be subject to annual inspection by the Director of Community Development, the Code Enforcement Department and the Health Depa~ment, for compliance a~th all Village ordinances. C. Residential care facilities shall comply with the following location requirements: 1. The minimum distance between any two (2) group care homes and/or family care homes shall be one thousand feet (1,000'). 2. The minimum distance between any rehabilitation home and any group home or any other rehabilitation home shall be two thousand feet (2,000'). 3. The maximum combined population of all residential care homes shall not exceed one percent (1%) of the total population in the neighborhood statistic area in which they are located, as defined by the U.S. Bureau of the Census. 4. After two (2) rehabilitation homes are located within ally givell lle~hhorhood $t.)i~ic area, no other such facilin'es shall locate in said neighborhood until rehabilitation homes ~ in at least seventy five percent (?~%) of the other neighborhood statistic areas within the Village. D. The residential care home facility shall comply with all State and local codes. E. Any residential care home shall provide, at a minimum, one off-street parking place for ~ two (2) residents or employees on the premises except that foster care homes and family care homes shall provide parking in accordance with the zoning district in which it is located. F. Any residential care home shall provide, at a minimum, one bedroom for every two (2) residents and one room for every one and one-quarter (1.25) residents. G. All apph'cations for a residential care home shall also address the following: 1. Purpose of facibt' y. 2. Clients to be served (age group, problems, number of clients). 3. Area to be served (name of each municipality located within area and number of clients residing therein). 4. Nature of supervision, both professional and nonprofessional. 5. Treatment program. 6. Adequacy of the facility'for intended purpose in terms of bedrooms, kitchen, recreation, yard space, off-street parking. 7. Licensing requirements. 8. Financial condition (including submission of applicant's annual audit reports). 9. Community facilities expected to be used. 10. Location and numbers of other group facilities in the neighborhood, and relationships, if any. 11. Building alterations, if any, needed to accommodate proposed program; and improvements necessary to meet buildings codes. 12. Results of any meetings with community group, or homeowner or homeowner tenant associations, or others' attempts to communicate with the neighborhood. (Ord. 3198, 3-16-82)