HomeMy WebLinkAbout3451Ordinance No. 3451
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Amends Ord. 1827 (Section 15.02.135)
Amends Ord. 2958 (Sections 15.02.135 & 15.02.173)
Amended by Ord. 3615 (Sec. 15.02.173)
ORDINANCE NO. -3Y-51
AN ORDINANCE of the City of Kent,
Washington, relating to the definition of group homes and
amending the Kent zoning code, sections 15.02.135 and
15.02.173.
WHEREAS, the City Council adopted an ordinance relating to the
regulation of group homes in 1991, based on amendments to the Federal Fair Housing Act
adopted by Congress in 1988; and
and
WHEREAS, the amendments pertain to the siting of group home facilities;
WHEREAS, Ordinance No. 2958, adopted in 1991, amended the definition
of "family" and created class I, class II, and class III classifications for group homes; and
WHEREAS, the ordinance also defines where the various classifications
of group homes could locate within the City of Kent; and
WHEREAS, Ordinance No. 2958 amended the definition of "family" by
limiting the number of unrelated individuals living together in a dwelling unit as a single,
non-profit housekeeping unit to six persons; and
Group Homes
WHEREAS, class I group homes were not excluded from the definition
of "family," but identified a housing capacity for class I group home residents from
residents up to a number based upon the density of the underlying zoning district; and
WHEREAS, by not excluding class I group homes from the definition
"family" there was an appearance of inconsistency between the number of unrelated
individuals who were allowed to reside in a class I group home; and
WHEREAS, the land use and planning board reviewed the group home
regulations and a current United States Supreme Court case, City of Edmonds v.
House, Inc., 115 S. Ct. 1776, 131 L. Ed. 2nd 801 (1995), at a workshop on March 8, 1999;
and
WHEREAS, the land use and planning board determined that with regard
to class III group homes, no occupancy limitation is referenced; however, the Washington
Administrative Code Chapters 137-56 and 137-57 regulate class III group homes and the
City of Kent zoning code regulations stipulate that class III group homes can only be sited
through a conditional use permit process; and
WHEREAS, the land use and planning board desired to reference the
restrictions provided in Chs. 137-56 and 137-57 WAC; and
WHEREAS, the land use and planning board held a public hearing on the
proposed amendments on March 21, 1999 and moved to accept the staff's
recommendation to amend the definitions of "family" and "class III" group homes; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
ORDAINS AS FOLLOWS:
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SECTION]. Section 15.02.135 of the Kent City Code is hereby amended
as follows:
Sec. 15.02.135. Family. Family means one (1) or more individuals related by
blood or legal familial relationship, or a group of not more than six (6) persons who need
not be related by blood or a legal familial relationship, living together in a dwelling unit
as a single, nonprofit housekeeping unit, excluding class I, class II, and III group homes
as defined in section 15.02.173.
SECTION Section 15.02.173 of the Kent City Code is hereby amended
as follows:
Sec. 15.02.173. Group home.
A. Class I group home. Class I group home means publicly or privately operated
residential facilities such as state -licensed foster homes and group homes for
children; group homes for individuals who are developmentally, physically or
mentally disabled; group homes or halfway houses for recovering alcoholics and
former drug addicts; and other groups not considered within class II or III group
homes.
I . Group home, class I -A. A class I -A group home shall have a maximum of
seven (7) residents including resident staff.
2. Group home, class 1-B. A class I -B group home shall have a maximum
ten (10) residents including resident staff.
3. Group home, class 1-C. The number of residents for a class I -C group
home will be based upon the density of the underlying zoning district.
B. Class II group home. Class II group home means publicly or privately operated
residential facilities for juveniles under the jurisdiction of the criminal justice
system. These homes include state -licensed group care homes or halfway homes
for juveniles which provide residence in lieu of sentencing or incarceration, and
halfway houses providing residence to juveniles needing correction or for
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juveniles selected to participate in state -operated work release and
programs. The planning director shall have the discretion to classify a group home
proposing to serve juveniles convicted of the offenses listed under class III group
home in this section as a group home class III, and any such home shall be sited
according to the regulations contained within the group III classification.
1. Group home, class II -A. A class II -A group home shall have a maximurr.
of eight (8) residents including resident staff.
2. Group home, class II -B. A class II -B group home shall have a maximum
of twelve (12) residents including resident staff.
3. Group home, class 11-C. A class II -C group home shall have a maximum
of eighteen (18) residents including resident staff.
C. Class III group home. Class III group home means privately or publicly operated
residential facilities for adults under the jurisdiction of the criminal justice system
who have entered a pre- or post -charging diversion program, or been selected to
participate in state -operated work/training release or other similar programs as
provided in Chs. 137-56 and 137-57 WAC. Such groups also involve individuals
who have been convicted of a violent crime against a person or a crime against
property with a sexual motivation and convicted or charged as a sexual or
assaultive violent predator.
SECTION 3. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall
remain in full force and effect.
SECTION 4. - Effective Date. This ordinance shall take effect and be
force thirty (30) days from and after its passage, approval and publication as provided
law.
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WHITE, MAYOR
ATTEST:
BRENDA JACOBER, IT CLERK
APPROVED AS TO FORM:
ER A. LUBOVI
PASSED the 2-6 day of ' 1999.
APPROVED the o2O day of 1999.
PUBLISHED thea3 day of , 1999.
I hereby certify that this is a true and correct copy of Ordinance
No -3V51 passed by the City Council of the City of Kent, Washington, and approved by
the Mayor of the City of Kent as hereon indicated.
BRENDA JAC E , CITY CLERK
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