§ 35-390. Transitional Homes.

A transitional home established after November 17, 1997, shall not be located within one thousand (1,000) feet of any public/private elementary, middle or high school, public/private children's day care facility requiring a certificate of occupancy and/or public park.

(a)

Method of Measurement and Survey Requirements.

(1)

Measurements shall be in a straight line, without regard to intervening structures or objects, from the nearest point of the platted property line of the lot on which the transitional home is situated to the nearest point on the property line of a public/private elementary, middle or high school, a public/private children's day care facility requiring a certificate of occupancy, and/or public park.

(2)

A certified survey prepared by a licensed surveyor or licensed engineer showing distance measurements in accordance with this subsection shall be submitted to the director of planning and development services for all transitional homes as part of the application for the certificate of occupancy. Any certificate of occupancy issued for a building or facility used to conduct a transitional home without submission of the required survey shall be null and void.

(b)

Signage. (See sign regulations under chapter 28 of the Municipal Code.)

(c)

Building Standards.

(1)

Separate beds must be available twenty-four (24) hours a day for each resident housed within the facility.

(2)

Bedrooms shall have a minimum of twenty-five (25) contiguous square feet of unencumbered space per occupant. This square footage may not be obstructed by beds, other furniture, or fixed building structures.

(3)

Bathroom facilities consisting of a tub and/or shower and one (1) toilet, and one (1) lavatory shall be provided for each ten (10) residents housed.

(4)

Areas for leisure activities shall be provided at the rate of twenty (20) square feet for each resident.

(5)

If food is prepared on-site a full kitchen must be maintained and will be subject to compliance with applicable codes and inspection by the San Antonio Metropolitan Health District.

(d)

Lot Standards. A yard area of fifty (50) square feet per resident housed shall be provided for the occupants.

(e)

Staffing. The transitional home shall have an overall client to program staff ratio of not less than eight (8) to one (1) and not less than one (1) attendant to thirty (30) residents on any given shift.

(f)

Parking.

(1)

All required parking shall be provided off-street.

(2)

One (1) space per attendant and one (1) space per fifteen (15) residents shall be provided.

(g)

Outdoor Activities. Outdoor leisure activities shall be limited to the hours of 6:00 a.m. until 9:30 p.m. seven (7) days a week.

(h)

Nuisance. The transitional home may be considered a public nuisance if any of the following occurs:

(1)

More than two (2) police disturbance calls are recorded within a thirty-day period involving residents housed at any single transitional facility.

(2)

A code violation that is not brought into compliance within thirty (30) days of receiving notice; or

(3)

More than five (5) nuisance complaints from adjoining property owners are received and validated by the police department within a six-month period. If the code enforcement services director determines that any of the three (3) provisions occur, he shall request that the city attorney take court action to abate the nuisance where appropriate under law.

(i)

Permissible Tenants.

(1)

No tenant or resident may occupy a transitional home in any capacity if previously convicted of a sex oriented crime, child molestation, and/or murder in any degree.

(2)

No tenant or resident may occupy a transitional home without first being screened for tuberculosis. The operator of the transitional home must demonstrate that any tenant or resident testing positive for tuberculosis is of no danger to other tenants or residents relative to possible transference or infection of said residents.

(j)

Violations. Violation of any provision of this chapter is a Class C misdemeanor and upon conviction violators are subject to the provisions of Article IV, Division 11 "Enforcement, Violations and Penalties" of this chapter. If the provisions herein are in conflict with preemptive state or federal law then the transitional home shall be required to comply with the applicable state or federal law rather than those provisions of this section to the extent of such conflict.

(Ord. No. 98697 § 4 and 6) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)