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)