(A) Location. Halfway houses shall be permitted in any B1, B2 or B3 Zoning Districts, provided a special use permit is issued by the Planning and Zoning Commission.
(B) Special use permit procedure. All requests for this special use permit shall follow the procedures outlined in § 152.018. The request must be in writing and have attached to it sufficient documentation evidencing that the special use criteria listed below are or will be satisfied. A public hearing shall be scheduled before the Planning and Zoning Commission to hear comments from the public and to consider the special use request. The appropriate legal notice shall be published at least 15 days prior to the public hearing, and a sign shall be posted on the premises not less than ten days before the public hearing.
(C) Special use criteria. In reviewing the request for a halfway house special use permit, the Planning and Zoning Commission shall consider the criteria listed below. Each criterion must be satisfied before the Planning and Zoning Commission grant the special use permit.
(1) The request shall clearly state the purpose of the proposed facility (rehabilitation for alcoholism, drug abuse and the like).
(2) A halfway house facility shall house no more than 12 clients at any one time.
(3) No proposed halfway house facility shall be established within one-half mile of any existing halfway house facility. This distance shall be measured in a direct line from the nearest property line of the land used for the existing halfway house to the nearest property line of the proposed halfway house.
(4) Each halfway house facility must have qualified adult supervision, on the premises, on a 24-hour basis in sufficient numbers to provide proper supervision. The determination of sufficiency shall take into consideration the needs for supervision and care of the individual residents. Furthermore, the sponsor of the facility shall furnish a plan containing the number and qualifications of all personnel, including management and direct care personnel, having responsibility for any part of the service provided to the residents; specifically, the sponsor shall indicate the staffing ratio for the facility which shall specify the number of staff hours scheduled for the needed care and service of each resident. There shall be an ongoing planned in-service program embracing orientation, skill training and ongoing education carried out to enable all personnel to perform their duties effectively.
(5) The halfway house facility must provide established hours for clients, as approved under the special use permit.
(6) The sponsor of the facility must provide sufficient evidence to indicate that it possesses the expertise needed to properly operate a halfway house facility.
(7) At a minimum, the halfway house facility shall meet the licensing requirements of and be licensed by the appropriate department of the state which has jurisdiction. The special use permit may be granted contingent upon reception of the required license. However, the facility shall not be occupied prior to the issuance of the appropriate state license.
(8) The halfway house facility shall meet the appropriate requirements of the City Building Codes. Inspections shall be performed by a team of inspectors. All violations found during the inspection shall be corrected prior to occupancy. A halfway house facility shall be considered in the same category as rooming, boarding and lodginghouses, with respect to inspections. The special use permit may be granted contingent upon passage of the inspection.
(9) A “house council” shall be set up during the initial start-up period. The house council shall include representatives from both the sponsoring agency, the resident clients and residents and/or property owners from the surrounding neighborhood. It shall meet at least quarterly for the purpose of reviewing the status of the halfway house facility and resolving any problems that concern the neighborhood. Additional meetings may be called if the need exists. The sponsoring agency shall supply a proposal for the establishment and operation of the house council. The special use permit shall include an approved plan for establishing and operating the house council.
(10) A minimum of one off-street parking space shall be provided for every two beds or fraction thereof in the facility. In addition, one off-street parking space shall be provided for each full-time staff member on duty.
(11) Each halfway house facility shall provide appropriate policy and procedures which shall outline, and be followed in, the operation of the facility for properly and promptly obtaining, dispensing, administering and disposing of drugs and medications. The procedures, at a minimum, shall require that all medications be kept in a locked cabinet and made available only according to the instruction of the physician.
(12) A change in the sponsorship of any halfway house or a change of any elements of the special use criteria shall constitute a new use, and the full special use permit procedure shall be required.
(D) Recertification. All facilities must be periodically recertified. During the first year, each facility must be recertified at a six-month and 12-month interval. After the first year, the recertification process shall be yearly. The recertification process shall consist of:
(1) The sponsor of the halfway house filing a report, indicating whether or not the facility continues to satisfy the conditions of the original approval of the special use permit, including the established criteria;
(2) Reinspection to assure continued compliance with the City Building Code. Any violations found during the reinspection process shall be promptly corrected; and
(3) A public hearing for each recertification shall be scheduled before the Planning and Zoning Commission. The purpose of this hearing shall be to obtain comments from the public concerning the operation of the halfway house. The hearing shall be scheduled within one month after the above-mentioned report is filed.
(E) City review. In the event a problem results during a program year which cannot be resolved through the house council, the Planning and Zoning Commission has the authority to schedule a public hearing to consider the issue. In the event the sponsoring agency fails to cooperate in attempting to resolve the problem, the Planning and Zoning Commission may recommend and the City Council may revoke the halfway house special use permit until the problem is resolved.
(F) Limitation. This section shall not affect existing halfway houses unless they are enlarged, extended or there is a change in the sponsorship of any existing halfway house or a change of any elements of the special use criteria.
(Ord. 10-3277, § 1-7.4, passed 1-4-2010)