HELP!!! Zoning for a Drug & Alcohol Rehab Ctr.

[Vlaude]

The City which I work for has somewhat antiquated zoning regs and has failed to mention the land-use for a Drug & Alcohol Rehab Ctr. The problem is now one is completing the necessary paperwork to locate in an area which would not be beneficial to the city. I am not 100% against such a Ctr. they have there places in society (much better than imprisonment) but I do think a lot of thought needs to be put into the issue.

Does anyone have any suggestions on what and what not to do? Wanted to get an idea of how other city's have dealt with this issue and where such a land-use is acceptable.

ANY HELP WOULD BE GREAT!!!

Thanks,
Vlaude

 

[Chet]

Our code is also rather old, but rather than continually updating the permitted uses in each zone, we stipulate that the location of "unclassified" uses are subject to the Plan Commission's determination.

If the facility you are referencing is a Community Based Residential Facility, you'll want to reference the Fair Housing Act. Otherwise, without knowing much more about the facility it sounds like it would fit into an Institutional district, and I would lean towards a "conditional use" classification rather than a "permitted use".

 

[Mary]

Addressing them in the future as conditional use is not a bad idea and you might want to take a serious look at what your plan permits where, and what the document says. I worked one place where when I started the zoning ordinance had no severability clause. As far as the one going in it is probably too late already. If they've filled out the applicaiton etc. it's already a done deal for most purposes and you'd just get yourself in trouble by trying to stop them onces they are leagally vested.

Good luck.

 

[Vlaude]

Mary...

The use is not a permitted use in any of the zoning districts. Which I tend to think would belong in an institutional zone, however at this time the Council has put a freeze on the classification until further review by staff and a rec. from P&Z. I lean toward a special use in an instutional zoning.

Bturk...

I have been reading up on fair housing, but does this apply to Drug & Alcohol Rehab if court appointed? I know in some cases for group type homes buffers can not be required, but I think in this case it is allowable. (I'll ask our City Attorney for clarification)

Question? In your city does such a use require a special public hearing and then the normal rezoning procedures?



And thanks again for all the input everyone.

 

[Chet]

Vlaude -

It would be unclassified by our code too, but I would recommend to our Commission that they require a special use permit following a conditional use grant. Institutuional Zoning would be recommended as well.

The court appointment for residents does tend to complicate the matter!

 

[Mary]

In the last city I worked for there was a provision that if a use wasn't covered by the ordince it was addressed as the most similar use in the ordinance as determined by planning commission. Do you have any provisions like that to work with?

 

[mike gurnee]

I know a bit about group homes, having lost an $8 million suit over one.

If you have the time, the best is to not allow it under the "if a use is not listed, it is prohibited" concept. Then work on your zoning. Institutional may include schools, churches, parks, prisons, hospitals, etc. Do you need another district? If so, jails, penal half-way homes, and any other court ordered resiential setting should be a conditional use with public hearing.

A detox rehab house usually does not fit the category of "group home" that has been protected by the courts and state statutes--but ask your attorney.

If you don't have the time, then the "similar use" concept may work. Usually the Board of Appeals has the statutory right to interpret the zoning code. Remember that a court-ordered detox center is not a residential land use.