SUBSTITUTE RESOLUTION NO. SR98-1272

A substitute resolution requesting the Zoning Administrator and the Department of Codes Administration to adopt regulations and, if necessary, propose legislation relative to siting of group homes for the disabled.

WHEREAS, federal and state laws prohibit local governments from enacting zoning provisions that prohibit group homes for the disabled that have unrelated persons occupying said facilities in residential zoned districts; and

WHEREAS, persons classified as disabled under federal law (or protected classes) include persons with physical disabilities, mental disabilities, addictions, and to drugs and alcohol, among others; and

WHEREAS, many such group homes for the disabled, due to changes and interpretations of federal law, are not required to have a license or other certification that they qualify for this exempted land use; and

WHEREAS, it is fitting and proper that all such group homes for the disabled give evidence of some type of certification that they do qualify for the exemption; and

WHEREAS, it is fitting and proper that the Metropolitan Government have regulations governing the siting of such group homes to ensure uniformity of treatment and protection of the rights of all interested persons.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

SECTION 1. That the Metropolitan County Council hereby requests the Zoning Administrator and the Department of Codes Administration to adopt regulations, including but not limited to regulations to ensure that group homes for disabled persons present the proper license or certification, if applicable, or other evidence, to qualify for the exemption permitting unrelated persons to occupy a facility in residential zoned districts which occupancy would otherwise be contrary to the zoning regulations of the Metropolitan Government.

Council further requests that, if appropriate, the Zoning Administrator and the Department of Codes Administration recommend to the Metropolitan County Council any legislation that may be deemed necessary to accomplish this purpose.

SECTION 2. The Metropolitan Clerk is directed to send a certified copy of this Resolution to the Zoning Administrator and to the Director of the Department of Codes Administration.

SECTION 3. That the Zoning Administrator and the Director of the Department of Codes Administration are further requested to inform The Metropolitan Council of the feasibility and/or the actions taken in compliance with the request contained in Section One hereof, not later than sixty (60) days after the adoption of this Resolution.

SECTION 4. This Resolution shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: David Kleinfelter & Leo Waters

LEGISLATIVE HISTORY
Referred to:	Rules & Confirmations Committee
Introduced:	October 6, 1998
Substitute Introduced:	October 6, 1998
Substitute Adopted:	October 6, 1998
Approved:	October 8, 1998
By: