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HomeMy WebLinkAboutOrdinance No. 19181ORDINANCE NO. ~~~ AN ORDINANCE CQNCERNING DAY CARE FACILITIES AND GROUP CARE HOMES; AMENDING SECT7QNS 9.254, 9.310, 9.312, 9.324, 9,326, 9.33$, 9.340, 9.352, 9.354, 9.366, 9.368, 9.380, 9.382, 9.394, 9.396, 9.402, 9.444, 9.448, 9.410, 9.422, 9.424, 9.436, 9,435, 9.443, 9.454, 9.496, AND 9.586 OF THE EUGENE CODE, 1971; ADDING A NEB' SECTIQN 9,504 TO THAT CODE; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES aRDATN AS FOLLOWS: Section 1. Section 9.254 of the Eugene Code, 1971, is hereby amended by repealing the def~.nitions for "Group care home -~ U. S. veterans" and "Hoses for the aged", amending the definitions for "Day nursery", "Family", "Group care home", and "Home occupation", all to read and provide as fo~,lows: 9.254 Day care faCi~,ity. An institution, establishment or place wh~~ch~for compensation provides board, care, or training for three or more persons, apart from their parents, guardians, or persons related by blood or mar- riage. This does not include temporary care for adult indigent persons. Famil One ar more persons occupying a single housekeeping unit and using common housekeeping faci- lita.es; provided, unless all members are related by blood or marriage, no such family shall contain over five persons. In addition to persons related by blood or marriage, a family also consists of up to five guests requiring home care. Group care home. A home or private institution, ~, including ~those~~~~~~~~~administered or supervised by a federal, state, or local, agency, for the care, boarding, hous~ ing or training of three or more physically, men- tally, or socially dependent persons requiring home care, by anyone who is not the parent or guardian of and is not related by blood, marriage, or legal adop- tion to the persons served. This does not include temporary care for adult indigent persons. Ordinance -- 1 1918/ Home occupation. An occupation or profession car- ried on by a member of the family residing on the pre- mises. Section 2. Subsection ~1} of Section 9.310 of the Eugene Cade, 1971, is hereby amended. by adding a new subparagraph ~d}, reletter- ing the present subparagraphs ~d} and ~ e } to ~ e } and ~ f } , adding a new subparagraph ~g}, and relettering the present subparagra hs ~f} p through fin} to ~h} through gyp} respectively, the new subparagraphs to read and provide: 9.310 Permitted buildings and Uses. ~d} Day care facilities for three to five persons, subject to the development standards set forth in sec- tion 9.504. ~_g} Group caxe homes for three to five persons. Section 3. Section 9.31,2 of the Eugene Code, 1971, is hereby amended by repealing subparagraph ~.g}, relettering subparagraphs (h) through (m) to (.g) through ~l) , and amending subparagraphs (e) and ~f}, to read and provide: 9.312 fie} Day care facilities for six or more persons, , subject to the development standards set forth in sec- tion 9.5x4. ~f} Group care homes for six ar more persons, subject to all of the development standards set forth in section 9.504. Section 4. Subsection ~~_1} of Section 9.324 of the Eugene Code, 1971, is hereby amended by adding a new subparagraph ~d}, reletter- ing the present subparagraphs ~.d} and Vie} to fie} and ~f } , adding a new subparagraph ~g}, and relettering the present subparagraphs ~f} through gym} to ~.h} through ~o} respeot~.vely, the new subparagraphs to read and provide: Qrdinance -~ 2 /9/8/ 9.324 Permitted Buildings and Uses. ~l} ~d} Day care facilities for three to five persons, subject to the development standards set forth in sec- tion 9.5 0 4 . (_g) Group care homes for three to five persons. Section 5. Section 9.326 of the Eugene Code, 1971, is hereby amended by repealing subparagraph ~f}, relettering subparagraphs fig} through ~j } to ~f } through ~i} respectively, and amending sub- paragraphs ~d} and ~.e} , to read and provide: 9.326 ~d} Day care facilities far six or more persans, subject to the development standards set forth in sec- tion 9.504. e Group care homes for six or mare persons, subject to all of the developme~,t standards set forth in section 9.504. Section 6. Section 9.338 of the Eugene Code, 1971, is hereby amended by adding a new subparagraph ~.e}, relettering the present subparagraph {e } to ~. f } , adding a new subparagraph fig} , and reletter- ing the present subparagraphs ~f } through ~k} to ~h} through gym} respectively, the new subparagraphs to read and provide: 9.338 fie} Day care facilities for three to five persons, subject to the development sta~,dards set forth in sec- tion 9.504. ~.g} Group cane homes for three to five persons. Section 7, Section 9.30 of the Eugene Code, 1971, is hereby amended by repealing subparagraph ~e}, relettering subparagraphs (f) through (h) to (e) through (_g) respectively, and amending sub- Ordinance - 3 /9/8/ paragraphs (c) and (d), to read and provide: 9.340 ~c} Day care facilities for six or more persons, subject to the development standards set forth in sec- tion 9.504. ~d} Group care homes for six or mare persons, subject to all of the development standards set forth in section 9.504. Section 8. Section 9.352 of the Eugene Code, 1971, is hereby amended by relettering the present subparagraph ~d} to ~c}, adding a new subparagraph ~d} , re~,ettering the present subparagraph ~c} to ~e}, adding a new subparagraph ~.f}, and relettering the present sub- paragraphs fie} through gym} to fig} through ~.o} respectively, the new subparagraphs to read and provide: 9.352 ~d} Day care facilities for three to five persons, subject to the development standards set forth in sec- tion 9.504. ~f} Group care Names for three to five persons. Section 9. Section 9.354 of th.e Eugene Code, 1971, is hereby amended by repealing subparagraph ~f}, relettering subparagraphs (g) through (k) to (.f) through (j) respectively, and amending su.h- paragraphs ~d} and fie} , to read and provide: 9.354 ~d} Day care facilities far six or more persons, subject to the development standards set forth in sec- tion 9.504. fie} Group care homes for six or mare persons, subject to all of the development standards set forth in section 9.504. Section 10. Section 9.36G of the Eugene Code, 1971, is hereby amended by adding a new subparagraph. ~.c}, relettering the present subparagraph ~ c } to ~.d } , adding a new subparagraph ~ e } , and re letter- ordinance - 4 /4/~~ ing the present subparagraphs ~.d} through ~ i } to ~ f } through ~k } respectively, the new subparagraphs to read and provide: 9.366 ~c} Day care facilities for three to five persons, subject to the development standards set forth in sec- tion 9.504. Section 11. 4.e} Group care homes for three to five persons. Section 9.368 of the Eugene Code, 1971, is hereby amended by repealing subparagraph ~g}, relettering subparagraphs ~h} and ~i} to fig} and ~h} respectively, and amending subparagraphs ~ e } and ~ f } , to read and provide 9.36 8 ~.e} Day care facilities for six or mare persons, subject to the development standards set forth in sec- tion 9.504. ~f} Group care homes for six or more persons, subject to all of the development standards set forth in section 9.504. Section 12. Section 9.380 of the Eugene Code, 1971, is hereby amended by repealing subparagraph ~_i}, relettering the present sub- paragraphs ~.j } through ~q} to ~_i} through ~_p} respectively, and amending subparagraphs ~.f } and ~_h } to read and provide 9.380 ~f } Day care facilities for three to five per- sons, subject to the development standards set forth in section 9.504. Section 13. ~h} Group care homes for three to five persons. Section 9.382 of the Eugene Code, 1971, is hereby amended by adding new subparagraphs (~f) and (g) to subsection (1) thereof and relettering the present subparagraphs (.f) through (j) Ordinance - 5 19A8/ to (h) through (1) respectively, the new subparagraphs to read and provide: 9..382 ~f } Day care. facilities for six or more persons, subject to the development standards set forth in sec- tion 9.504. ~.g} Group care homes for six or more persons, subject to all of the development standards set forth in section 9.504. Section 14. Section 9.394 of the Eugene Code, 1971, is hereby amended by repealing subparagraph ~.h}, relettering the present sub- paragraphs ~i} through fir} to ~h} through ~q} respectively, and amending subparagraphs ~d} and ~.f} to read and provide: 9.394 ~.d} Day care facilities, subject to the develop- ment standards set forth in section 9.504. Section l5. ~.f} Group care homes far three to five persons. Section 9.396 of the Eugene Code, Y971, is hereby amended by adding a new subparagraph fib} and relettering the pre- sent subparagraphs fib} through fig} to ~.c} to ~h} respectively, the new subparagraph to read and provide: 9.396 fib} Group cage homes for six or more persons, subject to all of the development standards set forth in section 9.504. Section 16. Subsection ~d}5. of Section 9.402 of the Eugene Code, 1971, is hereby ar~ended to read and provide: 9.402 ~d} 5. Day care facilities, subject to the development standards set forth in section 9.504. Section 17. Section 9.404 of the Eugene Cade, 1971, is hereby Ordinance -- 6 q/ S/ amended by repealing subparagraph ~j}, relettering the present sub- paragraphs ~k} through ~w} to ~.j } through ~v} , and amending subpara- graph ~ h } thereof , to read and provide : 9.404 ~h} Group care homes, subject to all of the de- velopment standards set forth in section 9.504. Section l8. Section 9.408 of the Eugene Code, 1971, is hereby amended by amending subparagraphs (m) and (t) thereof, to read and provide: 9.408 Vim} Day care facl~,lties, subject to the develop- ment standards set forth in section 9.504. fit} Group care homes fir three to five persons. Section 19. Section 9.41,0 of the Eugene Cade, 1971, is hereby amended by relettering the present subparagraphs ~d} through fig} to fie} through ~.h} , and adding a new subparagraph ~d} thereto, to read and provide: 9.410 ~.d} Group care homes for si~~ or more persons, subject to all of the development standards set forth in section 9.504, Section 20. Section 9.422 of the Eugene Code, 1971, is hereby amended by relettering the present subparagraphs ~v-1} through gyp- 3 } to ~w-1 } through ~q- 3 } , amending subparagraph ~ f - l } , and add- ing a new subparagraph ~v-l}, to read and provide: 9.422 ~_f-1} Day care facilities, subject to the devel- opment standards set forth in section 9.504, ~v-1} Group care homes for three to five persons. Qrdinance - 7 /9/$/ Section 2l. Subparagraph fin} of Section 9.424 of the Eugene Code, 1971, is hereby amended to read and provide: 9.424 gym} Group care homes far six or more persons, subject to all of the development standards set forth in section 9.504. Section 22. Section 9.436 of the Eugene Code, 19?I, is hereby amended by relettering the present subparagraphs ~e-1} thraugh ~r-1} to ~ f-~l} thraugh ~s-1} , relettering 'the present subparagraphs ~ s-1 } through ~ q- 3 } to ~ u-1 } thraugh ~_s ~ 3 } , and adding new subpara- graphs ~ e-1 } and ~ t-1 } , to read and provide 9.436 ~.e_1} Day care. facilities, subject to the de- velopment standards set forth in section 9.504. ~t-1} Group care homes for three to five persons. Section 23. Subparagraph ~_1} of Section 9.438 of the Eugene Code, 19?l, is hereby amended to read and provide. 9.438 ~1} Group care homes for six or more persons, subject to all of the development standards set forth in section 9.5x4. Section 24 . Subparagraph ~.b} of Section 9.44 3 of the Eugene Code, 19?l, is hereby amended to read and provide: 9.443 fib} Day care facilities directly servicing uses permitted in this section; subject to the development standards set forth in section 9.5x4. Section 25. Subparagraph ~k} of Section 9.450 of the Eugene Code, l9?1, is hereby amended to read and provide: Ordinance - 8 f /~I/ S/ 9.450 ~k} Day care facilities, subject to the develop- ment standards set Earth in section 9.504. Section 26. Section 9.496 of the Eugene Code, 1971, is hereby amended by repealing subparagraph ~.d} and relettering the present subparagraphs (e) , (f) , and (g) to (_d) , (e) , and (.f) respectively. Section ~7. There is hereby added to the Eugene Code, 1971, a new caption and section, to be numbered and provide as follows: Day Care Facilit Group Care Home - Development Standards 9.504 Da Care Facilit /Group Care Home - Development Stand- ards. _~_.~__ ~l} Tn addition to any other requirements contained in this code, no day care facility shall be established after Sep- tember 21, 1983 that does not comply with the following develop- ment standards: ~a} Tn addition to normally required parking for other uses on the property, one parking space per out- side employee is required. ~.b} There shall be at least 404 feet between day care facilities of six or more persons in all residential zones except RP. ~c} Educational programs. that are offered as a primary activity, or programs that are primarily speci- alized training in activities such as dance, drama, music, or religion, are limited to preschool children. ~d} The~praviders of the service shall reside in day care facilities of three to five persons that are located in RA, R-l, and R~-Z districts. Standards ~a} and fib} above may be modified by the hearings officer as part of a conditional use permit issued pursuant to the provisions of this code with respect to a day care facility established after September 21, 1983 as a conditional use in any zoning district. ~Z} In addition to any other requirements contained in this code, no group care home of six or more persons shall be established after September 21, 19.83 that does not comply with the following development standards: ~a} There shall be at Least 400 feet between group care facilities. fib} Tn addition to normally required parking for other uses on the property, one parking space per outside employee, based on the r~aximum number of em- ployees present at any one time, is required. The above standards may be modified by the hearings officer as part of a conditional use permit issued pursuant~to the pr.ovi- Ordinance - 9 /9/S/ sions of this Cade with respect to a group care home estab- lished after September 21, 1983 as a~conditional use in any zoning district. Section 28. Subsection ~b14. of Section 9.586 of the Eugene- Code, 1971, is hereby amended, subsections 5, and ~, are hereby re- numbered to 7. and 8. respectively, and new subsections 5, and 6. are added thereto, to read and provide: 9.556 (b) Institutional Types 4. Nursing homes, asylums, etc. 5. Day care facilities 6. Group care homes of six or more persons 1 for each three beds 1 for each outside employee l for each outside employee, based on the maximum number of em~ ployees present at any one time Section 29. That the matters contained herein concern the public welfare and safety, and in order to insure the orderly im- plementation of the provisions hereof, an emergency is hereby de~- Glared to exist, and this ordinance sha~,l become effective immedi-- ately upon its passage by the City Council and approval by the Mayan. Passed by the City Council this 21st day. of September, 1953 /~..,~ ~-C ~~ ~ssf ,City ecorder Approved by the Mayor this 21st day of September, 1983 4 Mayor ordinance - 10