What is
a Group Living Facility?
A Group Living Facility is a residential facility or use as defined
by this Code that functions as a housekeeping unit comprised of
unrelated persons receiving public or private supervision, care
or treatment.
Are there different sizes
of Group Living Facilities?
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An unlimited group living facility is a
group living facility shared by or the residence of 12 or
more unrelated persons, exclusive of staff.
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A large group living facility is a group
living facility shared by or the residence of more than eight
(8) but fewer than twelve (12) unrelated persons, exclusive
of staff.
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A small group living facility is a group
living facility shared by or the residence of more than four
(4) but eight (8) or fewer unrelated persons, exclusive of
staff.
What types of uses are considered
to be Group Living Facilities?
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“Adult Day Treatment Facility”
is a facility for the care of adults who require nursing or
physician assistance and/or supervision during the day by
licensed caregivers and staff, where the resident resides
at the facility.
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“Adult Foster Home” or “Family
Foster Home” is a residence for the care of persons
who are unable to live alone in safety.
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"Alternate Care Facility" is
defined in C.R.S. § 26-4-603 (3).
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"Assisted Living Facility" is
a: a) structured, supportive social living environment based
on professionally designed and supervised treatment plan,
oriented to the individual's habilitation or rehabilitation
needs; or b) a supervised living environment that provides
support, training or assistance with individual activities
of daily living.
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"Community Residential Home"
is defined in C.R.S. § 27-10.5-102 (4).
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“Family Care Home” is defined
in C.R.S. § 26-6-102(4).
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"Foster Care Home" is defined
as a facility that is certified by the county department of
human services or a child placement agency for child care
in a place of residence of a family or person for the purpose
of providing twenty-four hour family care for more than four
(4) children under the age of eighteen years who is not related
to the head of such home.
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“Group Home for Persons with Mental
Illness” is defined in C.R.S. § 30-28-115(2)(b.5).
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“Group Home for the Developmentally
Disabled” is defined in C.R.S. § 30-28-115(2)(a).
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“Halfway Home” or “Halfway
House” is a facility licensed by the State in which
residents are provided supervision, counseling, training,
or treatment of residents to facilitate their transition from
a correctional institution to independent living.
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“Homeless Shelter” is a structure
or portion thereof in which sleeping accommodations are provided
for the homeless. A homeless shelter that provides accommodations
for more than six months in one year for any one person shall
comply with the group living facility regulations of this
Code and any and all other applicable regulations. A shelter
which provides accommodations for less than six months shall
be considered "lodging" and shall be zoned as such.
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“Institutions providing life care”
as “life care” is defined in C.R.S. § 12-13-101(5).
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“Non-profit group home for the developmentally
disabled” is defined in C.R.S. § 30-28-115(2)(b)(I)(A).
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“Nursing Facility” is defined
in C.R.S. § 26-4-103(11).
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“Nursing Home” is a health
care facility, other than a hospital, constructed, licensed
and operated to provide patient living accommodations, twenty-four
(24) hour staff availability and a selection of patient care
services, under the direction and supervision of a registered
nurse, ranging from continuous medical, skilled nursing, psychological
or other professional therapies to intermittent health-related
or paraprofessional personal care services.
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"Owner Operated Group Home" is
defined in C.R.S. § 30-28-115 (2)(b)(l)(B).
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"Personal Care Boarding Home"
is defined in C.R.S. § 25-27-102(8).
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“Resident Health Care Facility”
means a facility licensed by the State which provides protected
living arrangements for four (4) or more persons who because
of minor disabilities cannot, or choose not to, remain alone
in their own home. The facility may serve the elderly, persons
with minor mental or physical disabilities, or any other persons
who are ambulatory or mobile and do not require continuous
nursing care or services provided by another category of licensed
health facility. The resident health care facility shall be
considered the resident’s principle place of residence.
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“Residential Child Care”
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Facility” is defined in C.R.S. §
26-6-102(8).
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“Residential Substance Abuse Treatment
Home” means a residential facility that provides twenty-four
(24) hour staff supervision and may include a peer support
structure to help applicants acquire and strengthen the social
and behavioral skills necessary to live independently in the
community. A residential substance abuse treatment home provides
supervision, counseling and therapy through a temporary living
arrangement and provides specialized treatment, habilitation,
or rehabilitation services for persons with alcohol, narcotic
drug or chemical dependencies.
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“Secure Residential Treatment Center”
is defined in C.R.S. § 26-6-102(9).
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"Staff Secure Facility" is defined
in C.R.S. § 19-1-103 (101.5).
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"Transitional Treatment Home”
means a residential facility which provides twenty-four (24)
hour staff supervision and a peer support structure to help
residents acquire and strengthen the social and behavioral
skills necessary to live independently in the community. Such
programs provide specialized treatment, habilitation or rehabilitation
services for persons with emotional, psychological, developmental,
behavioral dysfunctions or impairments. A transitional treatment
home shall not include any persons referred by the State Department
of Corrections.
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“Transitional Victim Home”
means a residential facility which provides twenty-four (24)
hour care and peer support to help victims of abuse or crime.
A transitional victim home arranges for or provides the necessities
of life and protective services to individuals or families
who are experiencing a temporary dislocation or emergency
which prevents them from providing these services for them
or for their families. Treatment is not a necessary component
of residential support services; however, care may be provided.
Do Group
Living Facilities have to be licensed by the State?
Group living facilities as defined by this Code may or may not be
licensed by the State. A facility, which is licensed by the state,
regardless of category or size is a group living facility and is
required to register with the City.
Do Group Living Facilities
need to be registered?
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Registration and compliance with other
terms and conditions, as defined and described by this Code
are required. A separate City license is not required.
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Transitional Victim Homes are subject to
registration but the address of such group living facilities
shall not be required to be disclosed.
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A group living facility that is not registered
may be abated, prosecuted or otherwise subject to enforcement
action under this Code.
How often do
Group Living Facilities need to register?
Registration shall expire on the anniversary date twelve (12) months
after issuance.
What are the requirements
of registration?
The Director shall approve the annual registration if the applicant,
when registering or renewing a registration, provides proof that:
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The group living facility has a valid Colorado
license, if any is required;
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The group living facility is at least seven
hundred and fifty (750) feet from every other group living
facility;
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The group living facility has complied
with the applicable City, state and other building, fire,
health and safety codes as well as all applicable requirements
of the zone district in which the group living facility is
to be located;
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The architectural design of the group living
facility is residential in character and generally consistent
with the RO zone district;
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Only administrative activities of the private
or public organization sponsored, conducted or related to
group living facilities shall be conducted at the facility;
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The group living facility complies with
the parking requirements of this Code; and
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The maximum number of residents allowed
is not exceeded.
A Small Group Living Facility may be established
in the RSF-R, RSF-E, RSF-1, RSF-2, RSF-4, RMF-5, RMF-8, RMF-12,
RMF-16, RMF-24, RO (residential office) and B-1 districts,
if licensed by the State for each program and service offered.
A Small Group Living Facility is subject to a Conditional
Use Permit in a B-2, C-1, C-2 and CRS districts.
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A Large Group Living Facility is subject
to a Conditional Use Permit in the RMF-5, RMF-8, RMF-12, RMF-16,
RMF-24, RO, B-1, B-2, C-1 and C-2 districts.
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Unlimited Group Living Facility may be
established, subject to a Conditional Use Permit in RMF-12,
RMF-16, RMF-24, RO, B-1, B-2, C-1 and C-2 districts.
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If a Group Living Facility does not exceed
the density of the zone in which it is located, then a Conditional
Use Permit is not required. "Density" for the purpose
of Group Living Facilities is defined in Section 3.6.B.3.i
of this Code.
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A Group Living Facility located in a commercial
zone district (C-1 or C-2) is not subject to the following
requirements: compatibility with architecture, use of the
facility by other groups, use of the facility by non-residents,
and/or any other requirements which are specific to incompatibility
with residential neighborhoods.
How close
can one Group Living Facility be to another?
The group living facility is at least seven hundred and fifty (750)
feet from every other group living facility;
Are
Group Living Facilities that existed prior this regulation subject
to these requirements?
All group living facilities which were in existence as such prior
to the effective date of this ordinance may continue without regard
to the provisions of this section, with the exception of all registration
requirements. Such use may continue until the occurrence of any
of the following:
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Any expansion of the facility which results in
an increase of the number of residents;
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Any expansion which results in a change of use, as defined
by this section;
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Any expansion of common areas which does not result in more
than 300 sq ft per structure;
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Any expansion which results in further nonconformity under
this Code;
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Any expansion due to damage or destruction of the facility,
as provided in Sections 3.8c and e of this Code; or
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Abandonment of the group living facility use for a period
of more than 12 months.
Any remodel which is an interior remodel and does
not effect the size or the use of the facility is not an expansion
which will require the facility to come into conformity under this
Code.
If any expansion occurs as described in section
(a) above, the facility shall conform to all requirements of this
Code and the expansion shall be subject to approval by the Planning
Commission after public hearing.
What are the requirements
to operate a Group Living Facility?
A facility shall only be located or operated on a lot or parcel
that contains:
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At least five hundred (500) sq ft for each
person residing in the group living facility, and;
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The Director determines that public facilities
and the neighborhood will not be adversely affected by the
number of residents proposed and/or any uses offered or by
the aggregate number of group living facilities in the Neighborhood.
See the Zoning & Development
Code Chapter 4 Section 4.3.Q for the complete requirements for a
Group Living Facility.
