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Commission hears limits on group homes, told state law narrows local options
Summary
Consultant Tim Schweki told the Plan Commission Article 14 largely restates state rules limiting local regulation of group homes and community living arrangements; commissioners debated ward-based thresholds (25 or 1% rules) and court constraints on local restrictions.
The Plan Commission spent substantial time on Article 14, which addresses community living arrangements and group homes. Tim Schweki of Civitech said the draft reflects state and federal limits on local land-use restrictions and includes language to remind the Village of Jackson that "you have broad authority but not complete" authority over certain uses. He emphasized that court decisions have narrowed some local options.
Commissioners discussed a provision they recalled as restricting group homes to one per ward or allowing up to 25 residents or 1% of a ward's population. Tim and staff clarified the draft references density and population thresholds (25 or 1%) derived from prior local ordinance language and state statute, but warned that state licensing, classification (group home vs. CBRF) and case law affect how and whether those limits can be applied. "So that's just a general comment. Um but yeah basically what's in 21105 is a repeat of what's in state statutes," Tim said.
Commissioners asked staff to examine any references to a 'one-per-ward' rule and return with precise wording; the group did not adopt new local limitations at this meeting.
