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19FORMAL REPORT TO CITY COUNCIL MEMBERS No. 7163 B
March 31 , 1987
To the Mayor and Members of the City Council
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Subject: GROUP HOMES AND HALFWAY HOUSES
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The lack of sufficient state staff and facilities and the emphasis on
mainstreaming handicapped persons and soon to be released prison inmates is
causing an increase in community based group homes and halfway houses.
Recently, City staff has been receiving questions about a planned group home
for mentally retarded individuals to be located in far south Fort Worth.
Area residents have questioned whether such a residence should be permitted
in a single-family district. What follows is information related to these
1 . FAMILY HOME (also known as a Group Home)
The Fort Worth Zoning Ordinance permits family homes in "A" Single Family
districts. A family home is defined as "a community based residential
home containing n ot more than six (6) disabled persons and two
supervisory personnel " which otherwise meets the State's requirements for
such a community home.
This ordinance was adopted after Article 1011N (U.T.C.S.) went into
effect. Section 4 of that Article states as follows:
"In all residential zones or districts in this state, a family home that
meets the requirements of this -Act is a pemitted use".
With the adoption of Article 1101N, the "Comunity Homes for Disabled
Persons Location Act", the State prohibitrf cities from interfering with
group homes which are located not less than 1 /2 mile from another such
facility and which are designed for no more than 6 physically or mentally
impaired persons.
However, local residents are expressing frustration over the lack of
public notice and local determination prior to a group home locating
within a neighborhood. A bill under consideration by the current state
legislature (S.B. 50) addresses those issues.
S.B. 50 states that a family home may not locate in a single family
residential zone unless a special use -permit is first issued by City
Council . The bill allows a City to deny a special use permit if it deems
the family home to be "contrary to the public interest". The bill also
sets up very specific requirements for special use permits applications
and for the notice of hearing regarding such application. According to
the proposed bill , a family home may locate in any other zoning district
of the City as long as thirty days notice of the intent to so locate is
given to the City.
If S.B. 50 is adopted, one needs to remember that in the case of the City
of Cleburne vs. Cleburne Living Center, the U.S. Supreme Court put cities
On notice that they need a clear, rational reason if they want to treat
group homes for the developmentally disabled differently from other
residential uses.
LISSUED BY THE CITY MANAGER FORT WORTH, TEXAS
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-INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 716�R 1)-2
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�OffORT�� To the Mayor and Members of the City Council March 31 , 1987
Subject: GROUP HOMES AND HALFWAY HOUSES
II. CARE FACILITY
Halfway homes and facilities for more than six disabled persons are not
permitted in single family districts , but must meet the requirements for
a "Care Facility", Under the City Zoning Ordinance that ordinance defines
a Care Facility as:
an institutional use of a building or property whereby a publicly or
privately funded program enables persons to receive medical ,
psychological , emotional or other rehabilitative care as an out-patient
or live-in member".
This definition is not meant to include foster care programs or family
homes which are permitted in "A" Single Family districts.
Prior to October 22, 1985, the City Zoning Ordinance permitted all
"governmental facilities" to be located in the "A" Single Family
District. This provision was interpreted to mean that halfway houses and
care facilities operated by the state or county were permitted in the "A"
Single Family District. However, effective October, 1985, the Zoning
Ordinance was amended to exclude "care facilities, hospitals and clinics"
from the Single Family districts. These uses are now permitted in the
"CF" Community Facilities and the "ER" Restricted Commercial districts.
III. SUMMARY
The State of Texas has clearly dictated that group homes of no more than
six (6) disabled persons shall be permitted in all residential zoning
districts. Such a home is residential in nature and should be viewed as
a family home.
The State has not addressed facilities other than family homes. Fort
Worth's Zoning Ordinance restricts halfway homes and facilities for more
than six (6) disabled persons from any residential districts. Such uses
are permitted in the "CF" Community Facilities district and the "ER"
Restricted Commercial district.
Should you have any questions or need more information, please contact me.
*ouglas Harman
City Manager
-ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS