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APC recommends code amendments clarifying group residential facilities and aligning school siting with state law
Summary
The commission recommended approval of paired county and city code amendments: one that revises definitions and spacing rules for group residential facilities to align with state regulatory frameworks, and another to remove local zoning constraints on school locations and allow the BZA to grant longer establishment periods for special uses.
The Area Plan Commission on July 3 voted to recommend approval of two related zoning code amendments — a county ordinance and a city ordinance — that together revise how local code treats group residential facilities and the zoning status of schools and other special uses.
The revisions were presented by legal staff, who said changes were drafted to align local definitions with state regulatory frameworks and to comply with recently enacted state law (House Bill 1515) that limits the ability of local governments to restrict the location of schools. The proposed city and county amendments rework definitions (moving language about ‘group residential facility’ into a clarified definition set), remove redundant or inconsistent references to “group home,” and reassign uses across use groups so the code conforms with fair housing and state requirements.
Separately, the county draft also gives the Board of Zoning Appeals (BZA) authority at the time of special-use approval to grant an up-front extension longer than the default one-year period for establishing a special-use if the applicant demonstrates during the application that additional time will be required (for example, to secure financing or other approvals). The intent is to avoid repeat filings where complex projects require more than 12 months to establish.
Commissioners questioned how existing legal nonconforming uses near newly sited schools would be treated; staff answered that legal nonconforming uses remain permitted and that state law clarifies schools’ eligibility to locate in all zoning districts. Commissioner comments noted the ordinance drafting was legally complex. The commission voted 8–0 to forward both the county and the city code changes with a recommendation for approval.
