In order to insure that group care facilities are placed in
this City with due consideration given to the neighborhoods and the
community at large as well as the respective recipients of such group
care facilities, the placement of group care facilities shall be governed
by the application of the regulations set out in this chapter. (Ref.
18-1744 RS Neb.)
For the purpose of this chapter, certain terms and words are
defined as set forth in this section. All words used in the present
tense shall include the future tense; all words in the plural number
shall include the singular number shall include the plural number;
unless the natural construction of the wording indicates otherwise.
Means a facility in which three or more persons, not to exceed
eight, not including the resident manager and house parents, reside
while receiving therapy or counseling for the following purposes:
While receiving therapy, training or counseling for the purposes
of adaptation to living with or rehabilitation from cerebral palsy,
autism or mental retardation. (Ref. 18-1744 RS Neb.)
Notwithstanding any other provision of this Code, the City Council
shall have the power to grant a permit to operate a group care facility
on any premises, provided, that it is unlawful to operate a group
care facility within the zoning jurisdiction of the City without first
being granted and obtaining such permit from the City Council. (Ref.
18-1744 RS Neb.)
A permit to operate a group care facility shall be first granted
by the City Council and then obtained from the City Clerk's office,
subject to the following provisions:
1.
An application for a permit to operate a group care facility shall
be filed with the City Clerk's office. Such application shall include:
a.
A legal description and plat of the site of the proposed facility;
b.
A parking plan;
c.
A landscape plan;
d.
Names and addresses of all those persons or organizations having
an interest in the proposed site and buildings thereon and the specific
interest of each;
e.
Names and addresses of all those persons or organizations intending
to sponsor or operate such facility;
f.
A description of the services such facility will provide;
g.
The maximum number of staff and residents at the facility;
h.
Copies of any available license or permit to operate the facility
obtained from any governmental agency or department;
i.
The location of any other group care facility operated by the applicant.
2.
After referral to the Planning Commission for consideration and recommendation,
the application shall be forwarded to the City Council.
3.
The City Council in considering the application shall consider, but
not be limited to, the following conditions:
a.
The prior record of the sponsoring organization in operating other
facilities;
b.
The physical condition of the proposed site;
c.
The use shall have sufficient off-street parking with ingress and
egress designed as to minimize traffic congestion in the public streets;
d.
The use shall in all other respects conform to the applicable regulations
of the zoning district in which it is located;
e.
The use shall have adequate water, sewer, and drainage facilities
approved by the City Council;
f.
The use shall be in harmony with the character of the area and the
most appropriate use of the land.
4.
The group care facility shall conform to all State regulations and
statutes.
5.
Public hearings shall be held by the City Council; Provided, that
prior notice of such hearing will be sent to all owners of record
of land located within 300 feet of the proposed facility. The list
of such owners, together with their post office address, shall be
provided by the applicant requesting the permit. The list of owners
shall be certified by an abstractor. All costs of public notification
shall be paid by the applicant.
6.
No permit shall be granted if there is an existing group care facility
within a 1,200-foot radius of an existing group care facility. The
1,200 feet shall be from the property lines of the proposed site to
the property lines of an existing group care facility.
7.
No permit shall be granted for more than one year. An application
for renewal shall be filed 60 days prior to the expiration of the
permit. Filing of an application shall not grant a group care facility
to operate the group care facility beyond this one year date of the
permit granted.
8.
If approved, a permit approved by the City Council shall become valid
only upon the issuance of a valid permit by the State and any other
permit required by any governmental agency or department.
(Ref. 18-1744 RS Neb.)
No more than one outside sign describing or identifying the
facility shall be allowed on the premises of a group care facility;
Provided, that such sign shall be attached to the building at the
permit location and be no longer than 144 square inches. (Ref. 18-1744
RS Neb.)
Sufficient grounds for revocation of a group facility permit
may be, but not limited to, any one of the following violations caused
or condoned by permittee:
1.
A failure to operate in accordance with the application and special
conditions of the permit;
2.
A violation of any ordinance or law of the City, the State or the
United States;
3.
A failure to allow free and reasonable access to the facility to
any agent of the City for the purpose of inspection of the premises
to determine compliance with this chapter;
4.
Unreasonable noise or disturbance to the surrounding neighborhood;
5.
Any false statement given a representative of the City or given for
the purpose of obtaining a permit;
6.
Unsanitary health conditions, or violation of any health ordinance
or laws, of the City or State;
7.
A failure to pay the permit fees, or violation of any other provisions
of this chapter;
8.
Failure to maintain an effective public liability insurance policy
as requested in this chapter;
9.
Failure to maintain a valid license to operate from the State.
(Ref. 18-1744 RS Neb.)
1.
The Building Inspector, Police Department or Health Department may
make inspections of all group care facilities.
2.
The group care facility shall be notified in writing of each specific
violation of the permit.
3.
If any such violation is not substantially corrected within a reasonable
time, not to exceed 72 hours, the Building Inspector, Police Department
or Health Department, shall request the City Council to revoke the
permit.
4.
The City Council may revoke a permit by resolution after public hearing.
5.
After revocation of its permit, the group care facility shall immediately
return the permit to the City Clerk's office.
(Ref. 18-1744 RS Neb.)
1.
A permit to operate a group care facility shall only be issued by
the City Clerk's office after payment to the City of a fee of $50
and deposit of a copy of a public liability policy as provided in
this chapter.
2.
An additional fee of $50 shall be paid prior to each year that the
facility retains the permit.
(Ref. 18-1744 RS Neb.)
An applicant under this chapter, shall file with the City Clerk,
contemporaneously with the application to operate a group care facility,
an insurance policy providing for general public liability providing
for injuries to person or property in the amount of $500,000 for personal
injury and $50,000 for property damage, per incident. The City shall
be designated as a named insured, together with an endorsement that
said policy may not be amended or terminated without giving the City
notice thereof. (Ref. 18-1744 RS Neb.)
Editor's Note: Section 10-610, Group Care Facility; Violation, Penalty, was repealed by Ord. No. 1303.
