For the purposes of this chapter, the definitions shall apply unless the context clearly indicates or requires a different meaning.
“DISABLED.” A person with disabilities. For purposes of this chapter, the term “DISABLED” shall have the same meaning as set forth in the Federal Fair Housing Act and the American with Disabilities Act, i.e., is an individual who has a physical or mental impairment that limits one (1) or more of the major life activities of such individual, is regarded as having such impairment, or has a record of impairment. While a person recovering from substance abuse is considered a person with a disability under 42 U.S.C. § 3602(h), a person who is currently engaged in illegal use of a controlled substance is not.
“FAIR HOUSING LAWS.” The Federal Fair Housing Amendments Act of 1988 (“FHA”) and the provisions of KRS 344.600 et seq., as may be amended from time to time (collectively, “fair housing laws”).
“GROUP HOME.” A residential facility for the care of seven (7) or fewer unrelated individuals living in a single housekeeping unit and recognized as disabled individuals under the Fair Housing Act and American with Disabilities Act, or even fewer residents based on maximum occupancy restrictions established by the International Property Maintenance Code. A sober-living facility shall be considered as a “GROUP HOME” for all purposes consistent herewith.
“OPERATOR.” An individual or business entity, whether for profit or non-profit, which provides residential services at a group home.
“REASONABLE ACCOMMODATION.” The act of making a dwelling unit or housing facility(ies) readily accessible to and usable by a person with disabilities, through the removal of constraints in the city’s building, zoning, land use, permit, and processing procedures. All accommodations may not be reasonable, and the reasonableness of a request will be determined by the city.
“SOBER-LIVING FACILITY.” A single-family dwelling unit used by individuals recovering from a drug and/or alcohol addiction, considered as a disabled individual under state or federal law. A “SOBER-LIVING FACILITY” shall not provide on-site supportive services to residents, including the following: mental health services; clinical rehabilitation services; social services; medical, dental, nutritional or other healthcare services; financial management services; legal services; vocational services; and other similar supportive services. See “GROUP HOME.”
(Ord. 2022-7, passed 5-3-22)