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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)