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Butte votes down public hearing requirement for residential treatment homes

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BUTTE - Butte Chief Executive Dave Palmer was the tie-breaking vote that killed a proposal to require public hearings for halfway houses and other multi-residential facilities to open in neighborhoods.

The decision was applauded by the Butte’s Planning Committee.

“If you’re treating one class differently from another class there is always the potential of having some discrimination,” said Butte Planning Director Lori Casey.

The Council of Commissioners was considering adding a conditional use permit to any state licensed residential facility opening in a neighborhood. It would require a public hearing process before it could open.

This proposal came up after an addiction recovery home wanted to open on Butte’s westside and residents demanded more transparency. The conditional use permit would have affected other facilities such as foster homes.

“There’s many definitions under the community residential facility, it’s not just halfway house, it’s assisted living, it’s group homes from developmentally disabled folks,” said Casey.

Butte’s Planning Department had advised the city against adding a conditional use permit, citing that it could considered discriminator and against fair housing laws.

“There can be some liability, a lot of those folks are covered under the Fair Housing Act and the Americans Disabilities act, a lot of the individuals in need of those kind of homes they’re protected under those federal laws,” said Casey.