Okla. Admin. Code § 120:10-5-24

Current through Vol. 42, No. 4, November 1, 2024

Section 120:10-5-24 - Group living facilities

(a)Purpose. It is the purpose of this section to establish regulations for certain group living facilities and to properly integrate these uses into the existing environment and to assure continued stability in the areas in which they are located. In some cases, group homes while not strictly residential, can be incorporated into a residential setting. These facilities may be authorized only if the requirements of this section are met.

(b)Conditional use permit required. Due to the nature and multiple functions of these type uses, a conditional use permit is required for each and every facility in this section and will be reviewed in accordance with OAC 120:10-13-19.

(1)Group living facility. Group living facility as defined in OAC 120:10-1-3 may be permitted in the following zoning districts:

(A) Low Rise General Residential District (RD-3)

(B) High Rise General Residential District (RD-4)

(C) Neighborhood Commercial District (CN)

(2)Chemical dependency treatment center, residential. Chemical dependency treatment center, residential, as defined in OAC 120:10-1-3 may be permitted in the following zoning districts:

(A) Low Rise General Residential District (RD-3)

(B) High Rise General Residential District (RD-4)

(C) Neighborhood Commercial District (CN)

(D) Any Industrial District ("I")

(3)Drug treatment center or halfway house. Drug treatment center or halfway house, as defined in OAC 120:10-1-3, may be permitted in the following zoning districts:

(A) Low Rise General Residential District (RD-3)

(B) High Rise General Residential District (RD-4)

(C) Neighborhood Commercial District (CN)

(D) Any Industrial District ("I")

(4)Group home. Group home, as defined in OAC 120:10-1-3, may be permitted in the following zoning districts:

(A) Low Rise General Residential District (RD-3)

(B) High Rise General Residential District (RD-4)

(C) Neighborhood Commercial District (CN)

(5)Juvenile treatment center, residential. Juvenile treatment center, residential, as defined in OAC 120:10-1-3, may be permitted in the following zoning districts:

(A) Low Rise General Residential District (RD-3)

(B) High Rise General Residential District (RD-4)

(C) Neighborhood Commercial District (CN)

(6)Transitional living facilities. Transitional living facilities, as defined in OAC 120:10-1-3, may be permitted in the following zoning districts:

(A) Neighborhood Commercial District (CN)

(B) Any Industrial District ("I")

(c)Additional regulations.

(1) Residential facilities shall be constructed in accordance with the Low Rise General Residential District (RD-3) regulations for dwellings.

(2) These facilities shall be maintained and operated in such a manner they do not provide a negative impact on surrounding properties.

(3) Off-street parking shall be provided in accordance with Subchapter 7 and Subchapter 17.

(4) All signage shall be in compliance with Subchapter 15 and must be reviewed and approved by the Commission prior to installation.

(5) Any person or entity proposing any group home defined in this section shall be required to submit to the Commission for its consideration, information that includes, but is not limited to, the following:

(A) Program of operation

(B) Number of full time and part time staff and/or volunteers

(C) Maximum number of occupants

(D) Owner, operator or benefactor

(E) Security measures

(F) Any governmental licenses or contracts required for the operation of the facility

(6) Conditional use permits are non-transferable. Any new operation or operator on the same land or building previously used for a group home must submit a conditional use permit and all other information required. Any increase in occupancy, density, or amendments to the program of operation of a previously approved group home must be submitted to and approved by the Commission.

(7) Any group home operating at the time of the approval of this regulation is considered a legal nonconforming use and will be allowed to continue until it ceases to operate under the current ownership.

(8) Any group home that operates contrary to the approved permit and/or conditions of the approval will be considered illegal and in violation of the permit. The Commission will take the necessary action to achieve compliance or the owner will be ordered to cease the operation.

Okla. Admin. Code § 120:10-5-24

Added at 28 Ok Reg 2216, eff 7-25-11

Amended by Oklahoma Register, Volume 34, Issue 24, September 1, 2017, eff. 9/11/2017