Skip to code content (skip section selection)
Compare to:
Newport Overview
Newport, KY Code of Ordinances
CITY OF NEWPORT, KENTUCKY CODE OF ORDINANCES
PREFACE
ADOPTING ORDINANCE
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: MISCELLANEOUS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
Loading...
ARTICLE XIX
SCHEDULE OF FEES
SECTION 19.0
Fees shall be as provided by separate ordinance of the Legislative Body.
ARTICLE XX
REASONABLE ACCOMMODATION IN LAND USE AND ZONING REGULATION
SECTION 20.0 DEFINITIONS:
For the purposes of this Article, the following terms are defined as follows:
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 (fair housing laws).
GROUP HOME. A residential facility for the care of seven (7) or less unrelated individuals living in a single housekeeping unit and recognized as handicapped individuals under the Fair Housing Act and American with Disabilities Act. A Sober Living Facility shall be considered as a Group Home for all purposes consistent herewith.
HANDICAPPED. Person with Disabilities: For the purpose herein, has the meaning set forth in the federal Fair Housing Act and the American with Disabilities Act and is an individual who has a physical or mental impairment that limits one or more of the major life activities of such individual, is regarding as having such impairment, or has a record of such 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.
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 land use, zoning, 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 handicapped 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 health care services; financial management services; legal services; vocational services; and other similar supportive services.
(Am. Ord. O-2017-003, passed 1-23-2017)
SECTION 20.1 PURPOSE:
   A.   Fair housing laws impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford handicapped individuals an equal opportunity to housing in accordance therewith.
   B.   In furtherance of the purposes of the fair housing laws, this article is intended to: preserve the residential character of single family residential neighborhoods; ensure that group homes, including sober living facilities, are actually entitled to reasonable accommodation; limit the secondary impacts of group homes including sober living facilities by reducing noise and traffic; preserve safety and provide adequate on-street parking; provide an accommodation for handicapped individuals that is reasonable and actually bears some resemblance to the opportunities afforded non-handicapped individuals to use and enjoy a dwelling in a residential neighborhood; and, to provide a living environment that will enhance the opportunity for the handicapped to be successful in their programs. Pursuant to fair housing laws, this article is also created to provide handicapped individuals reasonable accommodation in rules, policies, practices, and procedures to ensure equal access to housing and facilitate the development of housing for individuals with such recognized handicaps when the same may act as a barrier to fair housing opportunities.
   C.   There is hereby established a procedure for making requests for reasonable accommodation in land use and zoning regulations, policies, practices, and procedures to comply fully with the intent and purpose of fair housing laws. Unless a group home has been granted reasonable accommodation as provided in this Article, group homes shall comply with zoning regulations, policies, practices, and procedures applicable to the zone in which they are located.
(Am. Ord. O-2017-003, passed 1-23-2017)
SECTION 20.2 APPLICABILITY:
Reasonable accommodation within the context of the land use and zoning regulations means providing individuals with recognized handicaps flexibility in the application of land use and zoning regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.
SECTION 20.3 NOTICE TO THE PUBLIC OF AVAILABILITY OF ACCOMMODATING PROCESS:
Notice of the availability of reasonable accommodation shall be prominently displayed and provided to requesting individuals, advising the public of the availability of the procedure for eligible applicants.
SECTION 20.4 APPLICATION FOR REQUESTING REASONABLE ACCOMMODATION:
   A.   Forms for requesting reasonable accommodation shall be available in the Code Enforcement Department.
   B.   An application for reasonable accommodation may be made by: any handicapped individual or his or her representative; the owner of the real property intended for use as a group home for handicapped individuals; or, the owner/operator of an entity providing residential services at the location.
   C.   Requests for reasonable accommodation shall be in writing and provide the following information:
      1.   Name, address, and phone number of the applicant requesting reasonable accommodation;
      2.   Name, address, and phone number of the house manager who is responsible for the day to day operation of the facility, if any;
      3.   Address of the property for which accommodation is requested;
      4.   Name, address, and phone number of the property owner(s) if not the applicant;
      5.   If the operator is not the property owner, then a copy of any lease agreement between applicant and owner must be provided as well as written approval from the property owner to operate a group home at the property location;
      6.   Detailed description of the requested accommodation with reference to any known regulation, policy or procedure from which relief is sought;
      7.   Reason that the requested accommodation may be necessary for the handicapped individual(s) to use the dwelling;
      8.   Copy of the group home rules and regulations including intake procedures and relapse policy;
      9.   Blank copy of all forms that residents or potential residents are required to complete;
      10.   An affirmation by the applicant or owner/operator that only handicapped residents shall reside at the group home; and
      11.   Copy of any agreement between applicant or owner/operator and the property owner setting forth or concerning any fee arrangement or financial reimbursement applicable to each resident of the group home.
   D.   The applicant or owner/operator shall be responsible for filing with the city within thirty (30) days, any updates or changes to policies, procedures, ownership, or operating entity.
   E.   Any information obtained shall be considered confidential, shall be retained in a manner so as to respect the privacy rights of the applicant and shall not be made available for public inspection unless otherwise required by law.
   F.   A request for reasonable accommodation to the regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation shall not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.
   G.   If an applicant needs assistance in making the request for reasonable accommodation, it shall be provided to ensure that the process is properly undertaken.
   H.   An applicant may seek relief from the strict application of the provisions of this article by submitting such request in writing to the Code Enforcement Director (hereafter “Director”) setting forth specific reasons as to why accommodation over and above the provisions set forth herein is necessary.
   I.   No application fee shall be charged.
(Am. Ord. O-2017-003, passed 1-23-2017)
Loading...