Supportive Housing Residence Registration

Supportive Housing

Process Description:
Supportive housing residences are dwelling units in which more than four (4) unrelated persons may reside that are: battered individuals; abused children; pregnant women and their children; runaway children; temporarily or permanently disabled (mentally, emotionally or physically); and individuals recovering from drug or alcohol abuse. Also includes all other persons who possess a disability which is protected by the provisions of the Americans with Disabilities Act of 1990, 42 USC 12101 or G.S. Article 3, Chapter 168, as they may be amended, along with family members and support and supervisory personnel.

The City incorporated this land use into its Zoning Code to address Federal Fair Housing laws. The minimum 375-yard spacing requirement was added, as allowed by federal law, to require that these uses be scattered throughout the City and not over concentrated within individual neighborhoods. Prior to the adoption of the new regulations, 1994, there was no minimum spacing requirement for these uses (known as ‘group homes'). Due to this, some areas of the City do contain a closer concentration of these uses than what the Code currently allows.

In the past, supportive housing residences were only required to obtain an initial approval. On October 4, 2011, the City Council passed Ordinance #(2011)-953 that now requires an Annual Registration for all Supportive Housing Residences (group homes, family care homes, etc.). This registration will provide City staff with a current registry of all operational facilities in order to accurately monitor the minimum 375-yard spacing requirement.

The annual registration deadline is March 31.

Supportive housing residences shall meet all of the following:

• No supporting housing residence shall be established, constructed, expanded, altered, changed, occupied, or increased in the number of occupants except in accordance with the Housing Code, Article H, Chapter 6 Part 10.

• The total number of individuals occupying a supportive housing residence must not exceed twelve (12).

• No supportive housing residence shall be established or maintained without a responsible person on site.

• Off-street parking is provided in accordance with §10-2081.

• No supportive housing residence shall be located within three hundred seventy-five (375) yards (determined by straight line from property line to property line) of any other supportive housing residence or any existing group care facility, family care home or family group home established prior to the effective date of this ordinance.*

The supportive housing residence must conform to one (1) or more of the following:
a. Licensed by the federal or state government
b. Funded in part by governmental grants or loans
c. Provides room and board, personal care, and habilitation services in a family environment

State law reference: §168-21(1).

NOTE: Nothing herein shall prevent four (4) or fewer persons with disabilities, who are unrelated by blood, marriage, or adoption as set forth in the definition of family, §10-2002, from occupying any lawful dwelling as a family.

*Editor's note: The regulations of this provision first became applicable on June 1, 1994.

• Are there any prerequisites to this process?
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• What do I need to submit to the City?
• Where can I find detailed information regarding submittals?
• Where do I submit my application?
• What are the keys to success?
• What fees are involved and when do I pay them?
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