(A) Purpose and findings. This section is designed to protect the rights of handicapped and disabled persons subject to the Federal Fair Housing Act (FHA) and to accommodate housing for persons protected by the FHA by establishing uniform and reasonable standards for the siting of group homes and criteria that protect the character of existing neighborhoods.
(B) Applicability. This section applies to all group homes. For purposes of this section, a GROUP HOME means a residential facility in which more than eight handicapped persons unrelated by blood, marriage, adoption or guardianship reside with one or more resident counselors or other staff persons. A HANDICAPPED PERSON means a person with a significant temporary or permanent physical, emotional or mental disability, including, but not limited to, mental retardation, cerebral palsy, epilepsy, autism, hearing and sight impairments, emotional disturbances and orthopedic impairments, but not including mentally ill persons.
(C) Fair Housing Act protections. The Code Enforcement Officer may render an interpretation that any other facility, which is protected by the federal FHA, 42 U.S.C. §§ 3601 et seq., but not expressly enumerated in subsection (B) above, is subject to the protections provided by this section. The Code Enforcement Officer may waive any provision of this section upon determination that the waiver is necessary to afford handicapped persons equal opportunity to use and enjoy a dwelling.
(D) Location. Group homes are permitted as of right in all residential zoning districts, all commercial zoning districts, and other zones as specified in the UDC. Pursuant to the requirements of the federal FHA and applicable case law, the UDC does not require CUPs or any other form of discretionary development approval for group homes. A variance is required to the extent that the group home seeks a variance from the standards that apply to other uses in the base zoning district.
(E) Standards. The standards applicable to group homes are the same as for single-family dwelling units located within the ase district. Evidence of any license, certification or registration required for the group home by a state or federal agency, or a copy of all materials submitted for an application for any such license, shall be provided.
(Ord. 3020, passed 9-10-2013, § 7.21)