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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
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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)
SECTION 20.5 GROUNDS FOR REASONABLE ACCOMMODATION:
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.
SECTION 20.6 DISTANCE REQUIREMENT:
   No group home shall be located within six hundred and fifty feet (650'), as measured from the closest property lines, of any other group home.
(Am. Ord. O-2017-003, passed 1-23-2017)
SECTION 20.7 INSURANCE AND MORTGAGE NOTIFICATION REQUIREMENT:
   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)
SECTION 20.8 REVIEWING AUTHORITY:
   A.   Upon proper application made, requests for reasonable accommodation shall be reviewed by the Director of Code Enforcement using the criteria set forth ) herein.
   B.   The Director shall issue a written decision on a request for reasonable accommodation within thirty (30) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth below.
   C.   If necessary to reach a determination on the request for reasonable accommodation, the Director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the even that a request for additional information is made, the thirty (30) day period to issue a decision shall be stayed until the applicant responds to the request.
(Am. Ord. O-2017-003, passed 1-23-2017)
SECTION 20.9 REQUIRED FINDINGS:
   The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors.
   A.   Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with a recognized handicap as defined herein and protected under fair housing laws.
   B.   Whether the requested accommodation is necessary to make housing available to an individual with a recognized handicap protected under the fair housing laws.
   C.   Whether the requested accommodation would impose an undue financial or administrative burden on the city.
   D.   Whether the requested accommodation would require a fundamental alteration in the nature of the City’s land use or zoning regulations, codes or related programs.
   E.   The requested accommodation will not result in a direct threat to the health, safety or welfare of other individuals or cause physical damage to the property of others.
   F.   Whether the requested accommodation is necessary to make facilities of a similar nature economically viable in light of the particularities of the relevant market and market participants.
   G.   Whether the existing supply of facilities of a similar nature and operation in the community is already sufficient to provide individuals with a recognized handicap an equal opportunity to live in a residential setting.
   H.   The city shall consider the following factors upon any request for accommodation:
      1.   Whether the requested accommodation would fundamentally alter the character of the neighborhood;
      2.   Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking;
      3.   Whether granting the requested accommodation would substantially undermine any express purpose of the city’s Comprehensive Plan; and
      4.   Whether the requested accommodation would create an institutionalized environment due to the number of and distance between facilities that are similar in nature or operation.
(Am. Ord. O-2017-003, passed 1-23-2017)
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