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Thread: Nursing homes, residential care, etc.

  1. #1
    Cyburbian ssc's avatar
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    Nursing homes, residential care, etc.

    There seems to be some controversy in my city surrounding appropriate zoning district(s) for residential care facilities (nursing homes, etc.). Where do you allow this type of use? Residential? Commercial? And does your zoning include any special requirements for this type of use?

  2. #2
    NIMBY asshatterer Plus Richmond Jake's avatar
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    Check your state statutes. In the three states I've lived in, state legislation supersedes local land use controls with threshold maximums of between 12 to 14 individuals. Beyond those limits, local regulations can control. They typically are sited in residential zone districts.

  3. #3
    Cyburbian SW MI Planner's avatar
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    Quote Originally posted by Richmond Jake View post
    Check your state statutes. In the three states I've lived in, state legislation supersedes local land use controls with threshold maximums of between 12 to 14 individuals. Beyond those limits, local regulations can control. They typically are sited in residential zone districts.
    I agree, definatley check your state statutes. In MI the statute basically that state licensed residential facilities (defined as adult foster care for 6 or fewer individuals) is considered a residential use and shall not be subject to special use or other procedures different than those required for other residential dwellings in the same zone.

    Under our local ordinance, group adult foster care (7-12 individuals), nursing homes, congregate housing, etc. are allowed anywhere in the city by special use permit. They are not permitted by right in any district.

    Last year we had a SUP come through for an assisted living facility and there were arguments made back and forth whether it was a commercial use or residential. I consider it residential, but unlike an apartment complex there is a need for a commercial kitchen and on-site employees that in most cases provide some level of care, so it's my opinion that the SUP is warranted (as opposed to having it permitted by right).

  4. #4
    Cyburbian
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    We have nursing homes in an institutional category like schools, churches, and hospitals so they can more or less go where ever. We let the state determine where an appropriate nursing home location is. We just care about the parking, setbacks, and buffers.

  5. #5
    Cyburbian Plus Whose Yur Planner's avatar
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    Be careful of ADA and FHA requirements. We butted up against them Dec-Jan.
    When did I go from Luke Skywalker to Obi-Wan Kenobi?

  6. #6
    Cyburbian
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    You need to make a distinction between CILA's (Community Integrated Living Arrangements aka "Group Homes") which are required to be treated as residential uses and the larger suportive living facilities like nursing homes, assisted living facilities, etc. We've treated the latter as institutional uses permitted as a Special/Conditional Use in specific commercial districts.

  7. #7
    Cyburbian Plus Whose Yur Planner's avatar
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    Quote Originally posted by short timer View post
    You need to make a distinction between CILA's (Community Integrated Living Arrangements aka "Group Homes") which are required to be treated as residential uses and the larger suportive living facilities like nursing homes, assisted living facilities, etc. We've treated the latter as institutional uses permitted as a Special/Conditional Use in specific commercial districts.
    Ultimately, we did a variation of that.
    When did I go from Luke Skywalker to Obi-Wan Kenobi?

  8. #8
    Cyburbian fringe's avatar
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    Our city zoning allows personal care homes and group homes in one zone category and then as conditional only.

    In our state the licenses call six or under occupancy personal care, more is group home.

    We have a current application that is pushing the envelope, in that "operator" is leasing, but lists three individuals not related as co-tenants. There have been two medical calls to the dwelling in the six weeks of occupancy so far. Police who accompanied say it looks, walks, and quacks like a care home.

    Hearing is in three weeks.

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