Madison, WI Header
File #: 43447    Version: 1 Name: Create Peer Run Respite Facility as a new use in zoning code
Type: Ordinance Status: Passed
File created: 6/20/2016 In control: PLAN COMMISSION
On agenda: 8/2/2016 Final action: 8/2/2016
Enactment date: 8/14/2016 Enactment #: ORD-16-00069
Title: Amending Sections 28.211, 28.151, 28.032, and 28.061 of the Madison General Ordinances to create Peer Run Respite Facility as a new use in the zoning code, provide supplemental regulations for Peer Run Respite Facilities, and allow Peer Run Respite Facilities in Residential districts and selected Mixed-use and Commercial districts as a permitted use.
Sponsors: Denise DeMarb, Ledell Zellers, Michael E. Verveer, David Ahrens, Rebecca Kemble
Attachments: 1. Body, 2. Zoning Text Memo_07-25-16.pdf

Fiscal Note

No appropriation required.

Title

Amending Sections 28.211, 28.151, 28.032, and 28.061 of the Madison General Ordinances to create Peer Run Respite Facility as a new use in the zoning code, provide supplemental regulations for Peer Run Respite Facilities, and allow Peer Run Respite Facilities in Residential districts and selected Mixed-use and Commercial districts as a permitted use.

Body

DRAFTER'S ANALYSIS:  Individuals with mental illness or substance use concerns often struggle to find care during crisis situations other than emergency or hospital inpatient services.  This is due, in part, to the lack of mental health services in the state, county and city.

Recently, other states started using peer run respite facilities to provide short-term lodging, peer support and non-medical services for individuals living with mental health or substance use concerns. At peer run respite facilities, individuals receive respite from situations or surroundings that may lead to relapse or crisis and support from peers who have had similar experiences.

In 2013-2015, the state legislature appropriated funding for three regional peer run respite facilities.  The City of Madison zoning code currently does not allow peer run respite facilities (or any similar use) in residential districts. 

This amendment creates a new use, Peer Run Respite Facility, provides supplemental regulations for the use, and allows Peer Run Respite Facilities as a permitted use in all residential districts and NMX, TSS, CCT and LMX. 

Key supplemental regulations include: 

1.                     A Peer Run Respite Facility may only be operated by a non-profit organization or religious institution.

2.                      Services are available only to adults aged 18 or older.

3.                     The maximum number of guests at a facility must be equal to the number of bedrooms available or 5, whichever is less. 

4.                     No single guest can stay at the same facility for more than 5 consecutive days.

5.                     No single guest can have more than 3 separate stays at the same facility per calendar year.

6.                     The use must be staffed at all times. 

7.                     75% of staff members must hold a valid Wisconsin Peer Certified Specialist certificate.

8.                     The owner must submit a management plan and staffing plan and collaborate with the Madison Police Department regarding names and responsibilities of staff.

9.                       No peer run respite facility may be located within one thousand five hundred (1,500) feet of another peer run respite facility.

In addition to these regulations, the Wisconsin Department of Health Services, Division of Mental Health and Substance Abuse Services, provides oversight of respite facilities that receive state funding.

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The Common Council of the City of Madison do hereby ordain as follows:

                     Please see "Body" in Attachments.