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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)
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.
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)
The Director shall consider in determining whether to grant a reasonable accommodation the totality of the following factors:
A. That the property will be used by an individual with a recognized handicap protected under the fair housing laws;
B. Special needs created by the recognized handicap;
C. Potential benefit that can be accomplished by the requested modification;
D. Potential impact on properties within the vicinity;
E. Physical attributes of the property and dwelling structure;
F. Alternate accommodations that may provide an equivalent level of benefit;
G. Whether the requested accommodation would impose an undue financial or administrative burden on the city;
H. Whether the requested accommodation would require a fundamental alteration in the nature of a City function or service; and
I. Whether granting the request would be consistent with the city’s Comprehensive Plan.
A. The owner or operator of any group home shall be required to maintain and provide proof to the City of liability insurance coverage in the amount of $300,000, per person and $1,000,000, per occurrence, for personal injury to persons or property damage.
B. The owner or operator shall be required to provide proof to the City that any mortgage lien holder on the subject property has been notified of the use of the premises as a group home.
(Am. Ord. O-2017-003, passed 1-23-2017)
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