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City attorney says local nuisance rules can address problems from group homes despite some federal protections
Summary
An attorney told the council that while group homes and halfway houses can have federal allowances that limit zoning exclusions, local code can regulate nuisances such as excessive noise, parking and trash; the council discussed how zoning language and enforcement can address neighborhood impacts.
During discussion of occupancy and use categories, Mary Anne Banks, an attorney, advised the council that although some group homes and halfway houses have federal protections, municipalities retain authority to regulate nuisances that affect neighbors. "Group homes do have separate federal allowances... But the nuisance is created by some of these homes you're talking about, the parking, partying, excessive noise... are nuisances under your code that you can regulate," Banks said.
Council members asked how such categories interact with proposed STR language. Banks said local zoning and code provisions can include nuisance standards and boarding-home provisions that give the city enforcement levers for the behaviors that create neighborhood impacts. The council asked staff to ensure draft ordinance text accounts for federally protected uses while including nuisance and neighbor-notification provisions.
