The purpose of this article is to provide for persons with disabilities who wish to share residential living arrangements in a family-type environment. This article shall be administered to carry out this purpose. Nothing in this article shall be construed as attempting to regulate the right of persons with disabilities to purchase single-family residences or to affect the right of individuals to care for family members who are disabled. Nothing in this article shall be applied to “community homes” contrary to chapter 123 of the Texas Human Resources Code.
(Ordinance 22-930 adopted 4/28/22)
Subject to compliance with this article:
(1) 
The chief building official may grant approval, in the form of a permit, for a family-type or community home as defined by chapter 123 of the Human Resource Code for less than four persons with disabilities, plus one caregiver;
(2) 
The city manager may grant approval, in the form of a permit, for a family-type or community home as defined by chapter 123 of the Human Resource Code for five but no more than six persons with disabilities plus up to two caregivers, all of which shall be prescribed and limited by the permit.
(Ordinance 22-930 adopted 4/28/22; Ordinance 22-942 adopted 9/22/2022)
(a) 
Any of the following persons may appeal to the city manager for a decision made by the chief building official or to the city council for a decision made by the city manager that is related to a specific permit:
(1) 
A person who filed the application for a permit that is subject of the decision; or
(2) 
The owner or representative of the owner of the property that is subject of the decision; or
(3) 
Any person who is aggrieved by the decision.
(b) 
The appellant must file with the city manager and the city council a notice of appeal specifying the grounds of the appeal. The appeal must be filed not later than thirty (30) days after the date the decision is made.
(c) 
The city manager and/or the city council shall set a reasonable time for the appeal hearing and give public notice of the hearing and due notice to the parties in interest. The city manager and/or the city council shall decide the matter within a reasonable time and may reverse or affirm, in whole or in part, or modify the decision that is appealed.
(Ordinance 22-930 adopted 4/28/22)
Each home must meet the following standards:
(1) 
Only residential use is allowed.
(2) 
The home must be inspected by the chief building official or his/her designee and found to be in compliance with the appropriate portions of the “Minimum Licensing Standards for Facilities Serving Persons with Mental Retardation and Related Conditions,” or its most current amendment as established by Texas Department of Health, Bureau of Long Term Care, or the “Minimum Licensing Standards for Personal Care Facilities” as established and amended under Texas Health and Safety Code, section 247.001 et seq. If the facility is licensed by the state, the administrative official may waive the inspection.
(3) 
The residents of a community home may not keep for the use of residents of the home, either on the premises of the home or on a public-right-of-way adjacent to the home, motor vehicles in number that exceed the number of bedrooms in the home.
(4) 
The home must be inspected by the chief building official and/or the fire marshal and found to be in compliance with applicable fire, housing and building codes of the city.
(5) 
The home may not be located closer than 1/2 mile to a pre-existing family home or a community home. The measurement is made in a straight line from property line to property line.
(6) 
The holder of the permit or special exception, and at least one designated caregiver living in the home, must affirm in writing that they will be in charge of and responsible for the operation of the home including compliance with applicable regulations.
(7) 
The permit must be prominently displayed at all times at the facility.
(8) 
Prior to receiving a permit, the applicant must provide, on a form supplied by the city, a site plan which clearly shows compliance with the following criteria:
(A) 
At least 100 square feet of floor space for each single-occupancy bedroom;
(B) 
At least 120 square feet in each double-occupancy bedroom;
(C) 
No more than two persons per bedroom; and
(D) 
A separate bedroom or other appropriate designated area for the designated caregiver.
(Ordinance 22-930 adopted 4/28/22; Ordinance 22-942 adopted 9/22/2022)
Permits are also subject to these additional provisions:
(1) 
There is no permit or application fee.
(2) 
A permit has a term of one year.
(3) 
Permits expire automatically if the authorized use is discontinued for 180 days or longer, or if the facility is used for conventional single-family use or other use.
(Ordinance 22-930 adopted 4/28/22)