§ 47-173. Institutional-residential uses.

(a)

Definitions. Institutional-residential uses are generally uses that provide residential living space or dwelling units for persons in an institutional or group setting, whether for day care, 24-hour care or unassisted living, specifically defined as one of the following types:

Adult day care means a use that provides care, assistance with personal services and/or supervision for adults for more than four hours and less than 24 hours per day. Uses providing medical services or assistance with medical or rehabilitative treatment are not included.

Assisted-living facility means a residential facility that provides an array of coordinated supportive personal and health care services, available 24 hours per day, to residents who need any of these services. Such facility does not include nursing homes, or group homes for persons with a disability.

Child day care means a use that provides care, assistance with personal services and/or supervision for children for more than four hours and less than 24 hours per day. Uses providing medical services or assistance with medical or rehabilitative treatment are not included.

Disability means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. The term "disability" does not include current illegal use of, or addiction to, any federally controlled substance, as defined in section 102 of the Controlled Substances Act, 21 USC 802, or successor law. The term "major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. The term "has a record of such an impairment" means has a history of, or has been classified as having, a mental or physical impairment that substantially limits one or more major life activities.

Group home for persons with a disability means a residence in which three or more persons with a disability reside and which is licensed by the state department of human resources as a personal care home under O.C.G.A. title 31.

Group home (non-disability) means any dwelling, whether operated for profit or not, which undertakes through its ownership or management to provide or arrange for the provision of housing, food service and one or more personal services for two or more adults who are not related to the owner by blood or marriage and falls under the jurisdiction of the state department of human resources, but that does not meet the definition of "group home for persons with a disability."

Home for the aged means a use comprising a building or buildings providing dwelling units for persons over a certain minimum age, where no domiciliary care, nursing care, or other assistance is provided.

Homeless shelter means a facility that is either:

(1)

Operated, licensed or contracted by a governmental entity; or

(2)

Operated by a charitable, non-profit organization, which, for no compensation provides temporary lodging, meals, and counseling to individuals and groups such as the homeless, pregnant teenagers, victims of domestic violence, neglected children, and runaways. Temporary lodging is typically less than 30 days.

Hospice means a use, other than uses fitting the description of nursing homes or group home for persons with a disability, in which domiciliary care is provided with support and supervisory personnel that provide room and board, personal care and rehabilitation services in a family environment for persons not meeting the definition of handicapped under the Fair Housing Act, 42 USC 3601 et seq.

Kindergarten means a day program or part-day program for teaching of children between four and six years old, that serves as an introduction to school.

Nursery school. See Child day care.

Nursing home means a long-term residential facility for elderly, or otherwise ill persons which may include some or all of the following: individual dwelling units, living and sleeping rooms, a common dining room, skilled nursing care, recreational facilities, and transportation for social and medical purposes. The term "nursing home" does not include an assisted living facility, a hospice, a group home for persons with a disability, or a group home, non-disability.

Protective housing facility. See Homeless shelter.

Rehabilitation facility means a facility (residential or nonresidential) to provide rehabilitation, treatment, or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse, mental health, behavioral dysfunctions, emotional or psychological problems, or other similar facilities.

Rest home. See Home for the aged.

Retirement home. See Home for the aged.

Shelter care facility. See Homeless shelter.

(b)

Buffer requirements. Where permitted, any rehabilitation facility or homeless shelter shall be located on property of at least three acres. When adjacent to residentially-zoned or used property, a 25-foot landscaped buffer shall be provided. Any such facility shall be surrounded by an opaque wood fence at least six feet high along all property lines with adjacent commercial uses or that abut other zoning districts, or along the inner or outer boundary of any required buffer. No fence shall be erected along the road frontage.

(c)

Permitted zoning districts for specific uses. The following uses are permitted in the following districts. This subsection is provided for convenience only, and attempts to summarize the provisions in the various districts in article V of this chapter. No new rights are granted by this section. To the extent there is a conflict between this section and the provisions of article V of this chapter, article V of this chapter shall control.

(1)

Group homes for persons with disabilities, for six or fewer residents (not including resident staff), are permitted in R-1, R-2 and R-3. Please refer to the individual district regulations for more specific requirements, including generally the requirements that they be licensed by and in compliance with the applicable regulations of the state department of human resources, and that:

a.

The dwelling shall maintain its residential appearance;

b.

There is adequate off-street parking for resident, staff and visitors' parking such that, except for planned special events, there are no vehicles parked on the street or road right-of-way; and

c.

Visitation hours are restricted so as to not create undue traffic congestion.

(2)

Group homes for persons with disabilities (no size limit) are permitted in C-2.

(3)

In home child day cares and kindergartens, for six or fewer children, are permitted in R-1, R-2 and R-3 districts. Please refer to the individual district regulations for more specific requirements, including generally the requirements that they shall have at least 35 square feet of indoor space provided for each child and at least 100 square feet of play area per child in the outdoor play area which shall be enclosed by a fence having a minimum height of six feet and provided further that, prior to the application, the applicant shall show proof of registration and licensing as required by the state department of human resources.

(4)

Child day cares, adult day cares and kindergartens are permitted in the C-1 and C-2 districts, in accordance with the requirements of those districts.

(5)

In C-2, all of the following are permitted, in accordance with the requirements of that district: hospitals, group homes for persons with a disability, group homes (non-disability), clinics, nursing homes, assisted living facilities, adult day cares, child day cares, kindergartens, retirement homes, shelter care facilities, rehabilitation and treatment facilities, residential treatment centers, hospices, and related facilities.

(Min. of 11-10-2016, § 9.1)