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Council adopts ordinance regulating group homes; sets size and proximity limits

5109450 · June 26, 2025
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Summary

Perry adopted an ordinance that defines and regulates special residential facilities for elderly, disabled and youth populations, capping new facilities at 3,500 square feet and prohibiting a new facility on a separate lot within 1,000 feet of another similar facility.

The Perry City Council on June 26 adopted Ordinance 25-E establishing code language for "special residential facilities" for elderly residents, people with disabilities and youth treatment placements. The ordinance sets standards intended to treat licensed group homes consistently with single-family housing while adding measurable limits for new facilities.

What the ordinance says - Definitions: The ordinance separates three facility categories (elderly, disability and youth) and requires facilities to be licensed as appropriate. - Size limit: New facilities that are built for this purpose cannot exceed 3,500 square feet. Existing residences that have been used as residences for at least five years may exceed that size. - Separation: New independent-lot facilities must not be within 1,000 feet of a similar facility on a separate lot, a measure staff said is intended to prevent clustering.

Why staff proposed the change Planning staff told council the city had no clear code language governing these uses and that federal and state disability protections limit how restrictive a jurisdiction can be. Staff presented the ordinance as a measured approach that adds local standards without running afoul of fair-housing or disability-protection laws.

Action and vote - Council moved and seconded adoption of Ordinance 25-E. Roll-call vote was unanimous (Young, Walker, Osler, Wright, Tueller all voting "Yes").

Next steps and caveats Council members asked staff to follow up with the city attorney and with Bill (planning) on whether the separation distance or a numeric cap could be altered; staff said they would pursue clarifying language if the council wanted to propose different separation distances or other numeric limits.