ZONING FOR FAMILY AND GROUP CARE FACILITIES

• NCJ Number: 65621
• Author(s): D LAUBER; FS BANGS
• Date Published: 1974
• Length: 32 pages
• Corporate Author: American Soc of Planning Officials
• Publication Format: Document
• Language: English
• Country: United States of America
• Note: PLANNING ADVISORY SERVICE, REPORT NO 300, MARCH 1974

Annotation

THE REPORT DISCUSSES THE NATURE OF FAMILY AND GROUP CARE FACILITIES, CURRENT ZONING TREATMENT, COURT DECISIONS, AND RECOMMENDED ZONING TREATMENT; FINDINGS COME FROM A SURVEY OF 400 PLANNING DIRECTORS OF U.S. CITIES.

Abstract

A 13-QUESTION SURVEY WAS SENT TO PLANNING DEPARTMENT DIRECTORS OF CITIES THAT SUBSCRIBE TO THE PLANNING ADVISORY SERVICE OF THE AMERICAN SOCIETY OF PLANNING OFFICIALS. THE SURVEY WAS DESIGNED TO LEARN HOW THESE CITIES' ZONING ORDINANCES TREAT RESIDENTIAL SOCIAL SERVICE FACILITIES. WITH NEARLY HALF THE DIRECTORS RESPONDING, SURVEY REPLIES SHOW SEVERAL UNMISTAKABLE TRENDS. SURVEY FINDINGS INDICATE THAT COMMUNITY-BASED FAMILY AND GROUP CARE FACILITIES ARE BEING ESTABLISHED THROUGHOUT THE U.S. AT A RAPID RATE. THESE FACILITIES MEET DIVERSE NEEDS OF PEOPLE IN THE HEALTH AND CORRECTIONS SYSTEMS. ALTHOUGH EVIDENCE OF A NEGATIVE IMPACT OF FAMILY OR GROUP CARE FACILITIES ON THE CRIME RATE, PROPERTY VALUES, OR COMMUNITY ATMOSPHERE IS LACKING, THE COMMUNITY RESPONSE TO THESE FACILITIES HAS BEEN TO FRUSTRATE THEIR ESTABLISHMENT EXCEPT IN HIGH-DENSITY, COMMERCIAL, AND LOW-INCOME OR MINORITY NEIGHBORHOODS. ZONING LAWS HAVE GENERALLY SUPPORTED COMMUNITY FEARS AND CONCERNS, BUT EVEN WHERE ZONING ALLOWS LOCATION OF THESE FACILITIES IN RESIDENTIAL NEIGHBORHOODS, RESIDENT-GENERATED PRESSURES USUALLY HAVE BEEN SUFFICIENT TO INTERFERE WITH APPROVAL BY THE PERMIT-GRANTING AGENCIES. THE REPORT STATES THAT THE ZONING PROCESS SHOULD NOT BE USED TO EXCLUDE FAMILY AND GROUP CARE FACILITIES FROM RESIDENTIAL NEIGHBORHOODS. IT RECOMMENDS THAT, WHERE LICENSING REQUIREMENTS ARE MET, THE ZONING ORDINANCE MAY ESTABLISH REASONABLE CONDITIONS RELATED TO DENSITY, PARKING, SIGNS, AND CONCENTRATION OF THESE FACILITIES ON A BLOCK OR IN A NEIGHBORHOOD. THE VARIOUS PERMIT-GRANTING AGENCIES--HEALTH AND WELFARE AGENCIES, PLANNING DEPARTMENTS, ZONING BOARDS--SHOULD JOINTLY DEVELOP PUBLIC INFORMATION METHODS TO DISPEL PUBLIC FEARS AND TO ASSURE RESIDENTS THAT NO EXCESSIVE CONCENTRATIONS OF THESE FACILITIES WILL OCCUR. TABLES, FOOTNOTES, PHOTOGRAPHS, A BIBLIOGRAPHY, AND A LIST OF RECENT PLANNING ADVISORY REPORTS ARE PROVIDED. APPENDIXES LIST NATIONAL ORGANIZATIONS PROVIDING INFORMATION ON FAMILY AND GROUP CARE FACILITIES AND PRESENT A RELEVANT COURT DECISION. (AUTHOR ABSTRACT MODIFIED--PRG)