Agenda - Planning Commission - 07/21/2016

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Become a Group Home Guru By Dwight H. Merriam, FAICP Group homes are sui generis, truly a class unto themselves in terms of planning and regulation. They present nearly intractable challenges for planners, regulators, neighbors, advocates, de- velopers, and many other stakeholders, chief among them the residents. Largely because of misperceptions by many people and a lack of understanding, group homes are among the most disfavored land uses. One study in 1998 found that people felt that group homes were wanted even less in their communities than industrial uses, landfills, and waste disposal sites (Takahashi and Gaber). One of the problems exacerbating the re- sistance to the orderly siting of group homes is the lack of proper planning and regulation. This brief treatment of the issues is a basic primer in planning and regulating group homes. Unquestionably, and facilitated by good planning and regulation, the appropriate siting of group homes will help a community become a richer and more diverse place, and facilitate the ends of social justice. Social justice is the watchword here. People with disabilities, par- ticularly those with developmental disabilities and suffering from mental health issues, have been treated despicably and only in recent times have come, in large measure though not universally, to be protected and respected. Historically, those most fortunate were cared for at home (Hogan 1987). When govern- ment fails to provide adequate housing for people with disabilities, they are usually ren- dered homeless and left on the streets, where they are often victims of crime and prone to drug addiction (Apfel 1995)• That homeless- ness among those with disabilities is a con- tinuing problem is evidence that adequate housing is still not always available. 'GROUP HOME' DEFINED The term "group home" generally refers to any 0 A group living facility in a residential district with a range of single-family and multifamily housing. congregate housing arrangement for a group of unrelated people. Typically the residents share a condition, characteristic, or status not typical of the general population. These congregate living arrangements include community resi- dential facilities, group living facilities, commu- nity care homes, nursing homes, assisted living facilities, and many others. They may be per- manent or transitional, for -profit or nonprofit, professionally managed or self -managed. How a group home is defined ultimately delimits the reach of planning and regulation, and guides public policy making. The U.S. Department of Justice has defined the term (2015). Many state and local governments have their own definitions as well. It is worth- while to consider the broadest range of defini- tions from many sources and pare that down to those types of living arrangements needing local attention. But before we go further, consider how lo- cal planning and regulation is sometimes inex- tricably linked with federal laws requiring that local regulations conform to federal mandates. FEDERAL ZONING Of course, the U.S. government does not zone land, but there are many federal laws that have such an impact on local land -use regulations that we might call those laws "ersatz federal zoning." The National Flood Insurance Program is one example. It requires that local govern- ments prohibit certain activities in floodways and floodplains. To preserve the right of prop- erty owners to get federal flood insurance, local governments must plan and regulate consis- tently with the national program. The Religious Land Use and Institution- alized Persons Act (RLUIPA) gives religious organizations and institutionalized persons the right to seek redress in state or federal court when they believe the government is infringing on their legal rights. RLUIPA can be, and very often is, used to force zoning changes to allow ZONINGPRACTICE 6.16 AMERICAN PLANNING ASSOCIATION i page 2