Drug rehabilitation center:

Transcription

1 CHAPTER 9-2. DEFINITIONS Sec General. rehabilitation center: A structure or land used for therapy or rehabilitation for substance-dependent individuals where neither meals nor lodging is provided. Halfway house: A group facility occupied and used for the business purpose of providing transitional offender rehabilitation or similar purposes, whether for profit or nonprofit, and whether or not required to have a state or federal permit, provided that the majority of the residents shall meet one of the following criteria: (1) On parole or probation, or has been ordered to reside in such type of facility as a condition of parole or probation; or (2) Has been convicted of a felony and has completed his or her sentence; or (3) Has been convicted of a criminal offense and has been ordered to reside in such type of facility as part of the criminal sentencing. CHAPTER 9-4. PROCEDURES Sec Type I procedure - General provisions. A. The following actions shall follow the Type I procedure: 5. The adoption of an amendment to the zoning ordinance, either by changing the text or by rezoning property from one map classification to another, or the grant of a special use permit, which relates to or will allow the location or relocation of a halfway house, drug rehabilitation center, or other facility for treatment of drug dependency in accordance with the provisions set forth in O.C.G.A [Staff note: the State Code provisions referenced above require that a public hearing be held at least six months prior to the date of final action on the zoning decision. The hearing, which is in addition to the usual required hearing, requires a larger than usual non-legal newspaper notice.] CHAPTER 9-5. AGRICULTURAL RESIDENTIAL (AR) DISTRICT Sec Permitted uses. The following uses and their accessory uses are permitted as contained in the use table below: Zoning Districts Residential Halfway House Rehabilitation Center or Other Facility for Treatment of Dependency AR S, L(8) N L(8) = No halfway house is permitted in an AR neighborhood as defined in Sec Refer to section for more information concerning halfway houses.

2 CHAPTER 9-6. INSTITUTIONAL (IN) DISTRICT Sec Permitted uses. The following uses and their accessory uses are permitted outright as contained in the use table below: Zoning Districts Residential Halfway House Rehabilitation Center or Other Facility for Treatment of Dependency IN S, L(1) L(1) L(1) = Permitted support uses or structures owned or operated by, leased by or to, or otherwise controlled by, the institutional user, which directly provide service to the institution and its patrons, and when such support use or structure is physically integrated into the physical plan of this institution. This provision shall include, but not be limited to leasing of office space by a hospital or health care facility to independent physicians or other health care providers. In the case of Boarding and Rooming Houses or Dormitories, these Residential uses must be owned or operated by the institutional user with a primary use other than residential. Refer to section A. and B. for more information concerning Personal Care Homes. Refer to section for more information concerning halfway houses.

3 CHAPTER 9-7. SINGLE-FAMILY RESIDENTIAL (RS) DISTRICTS Sec Permitted uses. The following uses and their accessory uses are permitted as contained in the use table below: Zoning Districts Residential Halfway House Commercial Bed and Breakfast Rehabilitation Center or Other Facility for Treatment of Dependency RS-40 RS-25 RS-15 RS-8 RS-5 N N N N N N N N N L(5) N N N N N N L(5) = Bed and breakfasts on individual lots are permitted, subject to the following criteria: 1. That all residences used for bed and breakfasts be business-owner occupied. The businessowner shall be required to reside on the property occupied by the bed and breakfast, and occupancy shall be determined as the bed and breakfast location being the primary residence of the owner during operation of the bed and breakfast. "Business-owner" shall be defined as a person or persons who own the property and bed and breakfast outright; or who have entered into a lease agreement with the property owner(s) allowing for the operation of the bed and breakfast. Such lease agreement to state specifically that the property owner is not involved in the day to day operation or financial management of the bed and breakfast, and that the business-owner is wholly responsible for all operations associated with the bed and breakfast, and has actual ownership of the business. 2. That each bed and breakfast unit shall have one off-street parking space, and the owners shall have two parking spaces. All spaces shall be in conformance with the requirements of the off-street parking section of this title. 3. That only one ground or wall sign, constructed of a non-plastic material, non-interior illuminated of six square feet maximum size be allowed. Any exterior illumination of signage shall be installed such that it does not directly illuminate any residential structures adjacent or nearby the bed and breakfast. 4. That the number of bed and breakfast units allowed shall be proportional to the permitted density of the zone. Each bed and breakfast unit shall be counted as 0.6 units for the purpose of calculating the permitted number of bed and breakfast.

4 5. All bed and breakfasts shall be within 200 feet of an arterial. Street designations shall be as determined by the Athens-Clarke County Unified Government Comprehensive Plan. Distances shall be measured via a public street or alley access to the site from the arterial. 6. Excluding the business-owner's unit and the area of the structure it will occupy, there must be at least 400 square feet of gross interior floor space remaining per unit. 7. Bed and breakfasts are limited to no more than ten guest units. 8. The proposed use of the property will not adversely affect the immediate neighborhood. The proposed use will not create noise, light or traffic conditions detrimental to the neighboring residents. 9. All meals served by the owner/manager must be to paying guests of the bed and breakfast; meals shall not be served to the general public. 10. The principal use of any such structure or structures shall be residential. Approval of a bed and breakfast does not constitute approval for the installation or construction of a new dwelling unit, construction of other structures, or exterior alterations, other than those necessary to assure safety and compatibility with the surrounding area. CHAPTER 9-8. MIXED DENSITY RESIDENTIAL (RM) DISTRICTS Sec Permitted uses. The following uses and their accessory uses are permitted according to the following matrix: Zoning Districts RM-1 RM-2 RM-3 Residential Halfway House S, L(8) S, L(8) S, L(8) Rehabilitation Center or Other Facility for Treatment of Dependency L(5) L(5) L(5) L(5) = Gross floor area not to exceed 2,500 square feet. An application for a zoning decision for a drug rehabilitation center or other facility for treatment of drug dependency shall follow the Type I procedure in chapter 9-4 and the hearing provisions set forth in O.C.G.A L(8) = Refer to section for more information concerning halfway houses.

5 CHAPTER COMMERCIAL (C) DISTRICTS Sec Permitted uses. The following uses and their accessory uses are permitted as shown in the use table below: Zoning Districts Residential Halfway House Rehabilitation Center or Other Facility for Treatment of Dependency C-G General C-D Downtown C-O Office C-N Neighborhood C-R Rural S, L(15) S, L(15) S, L(15) S, L(15) S, L(15) P P L(4) L(3) L(4) L(3) = Uses are limited to no more than 10,000 square feet of gross floor area per use, except grocery stores, which may have 30,000 square feet of gross floor area, with a maximum of 30,000 square feet of gross floor area per building; provided, however, multifamily dwellings and dwellings above businesses are permitted under L(1) above. Any development exceeding these parameters shall be reviewed following the Type IV procedure specified in chapter 9-4. An application for a zoning decision for a drug rehabilitation center or other facility for treatment of drug dependency shall follow the Type I procedure in chapter 9-4 and the hearing provisions set forth in O.C.G.A L(4) = Uses are limited to no more than 10,000 square feet of gross floor area per lot. An application for a zoning decision for a drug rehabilitation center or other facility for treatment of drug dependency shall follow the Type I procedure in chapter 9-4 and the hearing provisions set forth in O.C.G.A L(15) = Refer to section 9-21 for more information concerning halfway houses.

6 CHAPTER EMPLOYMENT-OFFICE, EMPLOYMENT-INDUSTRIAL, AND INDUSTRIAL (E, I) DISTRICTS Sec Permitted uses. The following uses and their accessory uses are permitted as follows in this district these districts: Zoning Districts E-O Employment- Office E-I Employment- Industrial Residential Halfway House N N N Rehabilitation Center or Other Facility for Treatment of Dependency P P P I Industrial L(9) = Refer to section 9-21 for more information concerning halfway houses. L(10) = An application for a zoning decision for a drug rehabilitation center or other facility for treatment of drug dependency shall follow the Type I procedure in chapter 9-4 and the hearing provisions set forth in O.C.G.A Sec Halfway houses. A. Halfway houses are subject to, but not limited to, the following conditions: 1. The facility must show evidence of all required state or federal permits. 2. The property of each permitted halfway house shall be at least 1,000 feet in all directions from the property of any other halfway house. No variance is allowed from the distance requirement herein. 3. An application for a zoning decision* for a halfway house shall follow the Type I procedure in chapter 9-4 and the hearing provisions set forth in O.C.G.A B. The maximum number of residents in halfway houses shall be limited as follows: Maximum number of residents* Zoning classification 10 RM-1 15 AR, IN, RM-2, RM-3, C-G, C-D, C-O, C-N, and C-R over 15 (built to dormitory standards) IN, RM-2, RM-3, C-G, C-D, C-O, C-N, and C-R *On-site managers and/or staff are counted as residents. Staff Note: The Zoning Procedures Law defines a zoning decision as a final legislative action by a local government that results in the adoption of a zoning ordinance, grant of a special use permit, or amendment to a zoning ordinance that changes the ordinance's text, rezones property, or zones annexed property. O.C.G.A (4)(A)-(E)