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)