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HomeMy WebLinkAboutCouncil Presentation - Ord 2023.032 LDC Revisions Transitional Housing PresentationJane Fairall, Town Attorney Land Development Code RevisionsTransitional Housing 2 Overview •Federal law backdrop •Land Development Code •Definitions for Transitional Housing and Single-Family Dwelling •Zoning for Transitional Housing •Development standards for Transitional Housing •Specific Plans 3 Fair Housing Act (FHA) •The Fair Housing Act (FHA) prohibits a broad range of practices that discriminate against individuals on the basis of race, color, religion, sex, national origin, familial status, and disability •FHA applies to municipalities and prohibits them from making zoning or land use decisions or implementing land use policies that exclude or otherwise discriminate against protected persons, including individuals with disabilities •Under the law, persons with disabilities are individuals with mental or physical impairments which substantially limit one or more major life activities, including person suffering from alcoholism or drug addiction and seeking recovery •Zoning practices that contribute to making housing unavailable or denying housing to disabled individuals can be discriminatory 4 •The Fair Housing Act makes it unlawful to, for example: •Enforce an ordinance prohibiting housing for persons with a mental illness, from locating in a particular area, while allowing other groups of unrelated individuals to live together in that area •Deny a building permit for a home because it was intended to provide housing for persons with mental retardation •Refuse to make reasonable accommodations in land use and zoning policies and procedures where such accommodations may be necessary to afford persons with disabilities an equal opportunity to use and enjoy housing. •What constitutes a reasonable accommodation is a case-by-case determination. Fair Housing Act (FHA) 5 Americans with Disabilities Act (ADA) •The ADA provides that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C. §12132. •Like the FHA, this provision prohibits governmental entities from discriminating against disabled persons through zoning •Also like the FHA, the ADA’s protections extend to persons recovering from drug or alcohol addiction 6 •Current definition of single-family dwelling is already expansive •Add “adult foster care home” and “assisted living home” to the definition, rather than regulating them separately Single-family dwelling: A dwelling unit with kitchen and sleeping facilities, de-signed for occupancy by and occupied by one family. Includes "adult developmental home," "child developmental certified home," "child developmental home," "group home," and "intermediate care facility for individuals with intellectual disabilities," each as defined in A.R.S. §36-551; includes "residential facility" as defined in A.R.S. §36-581; includes “adult foster care home” and “assisted living home” each as defined in A.R.S. §36-401,and includes "child care group home" as defined in A.R.S. §36-897. Land Development Code Chapter 17-1 Definitions 7 •Revise definition of “transitional housing” to make it more narrow: Transitional housing: A dwelling shared as a primary residence by adult persons with disabilities, as that term is defined under federal law for purposes of the fair housing act, who live together in an environment that may provide self-support or resident staff persons providing care, education, or activities for the residents. Transitional housing’s primary purpose is to provide shelter in a residential family-like environment. •Remove references to “halfway houses” & “homeless shelters” Land Development Code Chapter 17-1 Definitions 8 •Definition of “transitional housing” –current & proposed –includes “sober living homes” as defined by state law: "Sober living home" means any premises, place or building that provides alcohol-free or drug-free housing and that: (a) Promotes independent living and life skills development. (b) May provide activities that are directed primarily toward recovery from substance use disorders. (c) Provides a supervised setting to a group of unrelated individuals who are recovering from substance use disorders. (d) Does not provide any medical or clinical services or medication administration on-site, except for verification of abstinence. Land Development Code Chapter 17-1 Definitions 9 Land Development CodeChapter 17-4 Zoning •Revise zoning for transitional housing to mirror the zoning allowed for single-family detached residential uses: •For most residential districts, transitional housing will now be permitted upon meeting certain specified conditions, rather than allowed upon approval of a conditional use permit (CUP) Uses AG RA ER NR GR MR RR NC VC LI HI Residential Single-family detached P P P P P C C U U X X Assisted living home P P P C C C C C C X X Adult foster care home P P P C C C C C C X X Transitional housing UC UC UC UC UC C C UC UC X X 10 Land Development CodeChapter 17-4 Zoning •"U" means the use is allowed upon meeting specified conditions •For Transitional Housing in the residential zones, the specified condition is: “Must comply with all development standards for transitional housing, as set forth in section 17-6-12” Uses AG RA ER NR GR MR RR NC VC LI HI Residential Transitional housing UC UC UC UC UC C C UC UC X X 11 •New section •Sets forth development standards for transitional housing in Town Code for first time, in those areas the Town is permitted to regulate •Town cannot regulate the operation of sober living homes due to state preemption •Purpose: Permit persons with disabilities to reside in single-family residential neighborhoods in compliance with the FHA, while preserving the residential character of the neighborhood Land Development Code Section 17-6-12 Development Standards for Transitional Housing 12 •Must have Town business license •No more than 5 residents at a location •No location shall house any person whose tenancy would constitute a direct threat to the health or safety of other individuals or result in substantial physical damage to the property of others •A location can’t be located on a lot that is within 1,200 feet from another transitional housing location •Transitional housing locations shall have no identification from a public street by signage, graphics, display, or other visual means Land Development Code Section 17-6-12 Development Standards for Transitional Housing 13 •Transitional housing locations shall be in compliance with all applicable town codes, including building codes, fire safety regulations, zoning, and subdivision codes •Any parking for a transitional housing location shall be maintained on-site and comply with requirements set forth chapter 17-9 of LDC •Transitional housing locations shall comply with any applicable licensing requirements Land Development Code Section 17-6-12 Development Standards for Transitional Housing 14 •Must comply with Town’s Public Nuisance and Property Preservation code (Title 18) •All administrative activities, including staffing, counseling, and other visitations, shall serve only the residents of the transitional housing location •Large or multiple trash receptacles not usually found in the residential area where the transitional housing is located shall be blocked from public view •If a transitional housing location ceases operation, the operator shall notify Development Services within 30 days Land Development Code Section 17-6-12 Development Standards for Transitional Housing 15 Land Development CodeSection 17-6-12Reasonable Accommodation •Purpose:To establish a procedure for persons with a disability to make a request for reasonable accommodation in the application of the town’s zoning rules, policies, practices and procedures pursuant to section 3604(f)(3)(b) of title 42 of the fair housing act, as it may be amended, which prohibits local government from refusing to make reasonable accommodations when these accommodations are necessary to afford persons with disabilities equal opportunity to use and enjoy a dwelling •Request:Must be in writing and filed with the Zoning Administrator, who shall make findings of fact in support of his or her determination and shall render a decision in writing 16 Land Development CodeSection 17-6-12Reasonable Accommodation •Findings: To grant a reasonable accommodation waiver, the zoning administrator must make several affirmative findings as listed in the proposed ordinance and required by federal law •Profitability or financial hardship of the owner/operator of a facility shall not be considered by the Zoning Administrator in determining whether to grant a reasonable accommodation waiver •Appeal:A person requesting a reasonable accommodation waiver may request review of the decision of the zoning administrator by submitting a written request for review to the zoning administrator within ten calendar days of receipt of the zoning administrator’s determination. •Appeal is to a hearing officer appointed by the Town Manager 17 Specific Plans Proposed Ordinance includes provision that makes the zoning Code changes applicable to Specific Plans: Section 5: “The [Marana Town Code] revisions adopted by this ordinance shall apply to all specific plans in the Town that have more restrictive zoning requirements for transitional housing than those set forth in revisions adopted by this ordinance.” 1818 Discussion