HomeMy WebLinkAbout2024-06-8814ORDINANCE NO. 2024-06-8814
AN ORDINANCE ESTABLISHING SECTION 126-88, REASONABLE
ACCOMMODATION FOR RECOVERY HOMES, OF THE CODE OF
ORDINANCES OF THE CITY OF PADUCAH KENTUCKY
WHEREAS, the City of Paducah desires to comply with state and federal law related to
housing regulations, and encourages healthy and stable living conditions for individuals in
recovery; and
WHEREAS, Title VIII of the Civil Rights Act of 1968, as amended by the Federal Fair
Housing Amendments Act of 1988 ("FHA"), imposes an affirmative duty on local governments
to make reasonable accommodations (modifications or exceptions) in their rules, policies,
practices or services related to land use and zoning regulations when such accommodation may be
necessary to afford an individual with a recognized handicap an equal opportunity to use and enjoy
housing; and
WHEREAS, the Kentucky legislature recently enacted standards requiring certification
for operation of recovery residences, Recovery Homes, sober living residences and similar homes
in the Commonwealth of Kentucky; and
WHEREAS, codification of a local procedure for individuals with recognized handicaps
seeking equal access to housing to request reasonable accommodation in the application of the
City's land use and zoning regulations, standards, policies, and procedures and establishment of
relevant criteria to be used when considering such requests will ensure prompt, fair and efficient
handling of such requests in accordance with the statutory mandates, including the reasonable
accommodation mandates of the FHA while ensuring that the protections offered to legitimate
recovering individuals are not abused by unqualified individuals; and
WHEREAS, the City has been granted broad police powers to preserve single-family
characteristics of its single-family neighborhoods; and
WHEREAS, the City has the right to regulate both the number of persons who may reside
in a single-family home and the manner in which it is used so long as such regulations do not
unfairly discriminate or impair an individual's rights of privacy and association; and
WHEREAS, individuals and families often purchase houses in predominately single-
family neighborhoods with the expectation of establishing close and long-standing ties with their
neighbors and the neighborhood; and
WHEREAS, the FHA prohibits enforcement of zoning regulations which would have the
effect of discriminating against the handicapped in equal housing opportunities and requires the
City provide reasonable accommodation in it's zoning and other regulations if such
accommodation is necessary to afford an individual with a recognized handicap an equal
opportunity to use and enjoy housing of their choice; and
WHEREAS, the City desires to strike a balance between preserving the predominately
single-family characteristics of residential neighborhoods and providing opportunities for the
handicapped to reside in residential zones; and
WHEREAS, the City has been notified of an increase in the number of single-family
houses being utilized as Recovery Homes for unrelated individuals; and
WHEREAS, the increase has generated community concerns and complaints including,
but not limited to; the potential for overcrowding, clustering of Recovery Homes in close proximity
to each other, the expansion of the use of the right-of-way for parking where parking is limited,
increased police call activity and property value diminution; and
WHEREAS, the purpose of a Recovery Home is to provide a comfortable living
environment for persons with alcohol or drug addictions in which they can remain clean and sober
and can participate in a recovery program within a residential community environment so that they
have the opportunity to reside in the neighborhood of their choice; and
WHEREAS, recognizing that recovering alcoholics and drug addicts, who are not
currently using alcohol or drugs, are considered handicapped under the FHA; and
WHEREAS, concentrations of Recovery Homes and the placement of large numbers of
recovering addicts in a single dwelling can undermine the benefits of home ownership in
predominately single-family neighborhoods and can undermine the characteristics of
predominately single-family neighborhoods; and
WHEREAS, the City recognizes that while not in character with predominately single-
family neighborhoods; when operated lawfully, a Recovery Home provides a societal benefit by
providing recognized handicapped individuals the opportunity to live in predominately single-
family neighborhoods, as well as providing recovery programs for individuals attempting to
overcome their addiction; and
WHEREAS, because of their often transient nature and above normal numbers of
individuals residing in a single-family dwelling and the lack of regulations, Recovery Homes
present problems not typically associated with more traditional single-family uses, including the
housing of large numbers of unrelated individuals who may or may not be supervised;
disproportionate number of vehicles associated with a single-family dwelling which causes
disproportionate traffic and utilization of on -street parking; the potential for excessive noise,
outdoor smoking and potential for littering which may interfere with the use and enjoyment of
neighboring properties; creating neighbors which have little to no idea who resides in the dwelling
with little to no interaction and a disregard for the impact with and upon the neighborhood; the
disproportional impact upon City services; and the potential influx of individuals with criminal
records; and
WHEREAS, there is a need for implementing criteria for determining and establishing
reasonable accommodation within the City's Zoning Ordinance that formalize procedures related
to such accommodation; and
WHEREAS, without some regulation there is no manner of ensuring that the individuals
entering into Recovery Home are recognized handicapped individuals and entitled to reasonable
accommodation; and
WHEREAS, this Ordinance will provide a mechanism for a Recovery Home to seek
accommodation upon making a showing that such accommodation is reasonably necessary to
afford the individual(s) with recognized handicaps proposing to reside therein, the right to use and
enjoy a single-family dwelling in a manner similar to that enjoyed by non -handicapped individuals;
and
WHEREAS, permitting multiple residents in a Recovery Home and establishing distance
requirements and other criteria is reasonable and non-discriminatory and not only helps preserve
the characteristics of predominately single-family neighborhoods but also furthers the purpose for
which Recovery Homes are established; and
WHEREAS, in seeking a balance within the urban residential neighborhood
characteristics of the City, a six hundred fifty foot (650') distance requirement still provides a
reasonable market for the purchase and operation of a Recovery Home.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY:
SECTION A. Section 126-88 of the Paducah Code of Ordinances shall be established to
include the following:
Sec. 126-88. Reasonable accommodation for Recovery Homes.
(a) Definitions. For the purposes of this Article, the following terms are defined as follows:
(1) Certifying Organization. Certifying organization, as used in this Article, means:
a. The Kentucky Recovery Housing Network;
b. The National Alliance for Recovery Residences;
c. Oxford House, Inc. and;
d. Any other organization that develops and administers professional certification
programs requiring minimum standards for the operation of recovery residences that has
been recognized and approved by the Cabinet for Health and Family Services.
(2) 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).
(3) Group Home. A residential facility for the care of multiple unrelated individuals living in
a single housekeeping unit and recognized as handicapped individuals under the Fair
Housing Act and American with Disabilities Act. A Group Home shall be considered a
Recovery Home for all purposes consistent herewith, even if such home includes multiple
unrelated individuals.
(4) Handicapped. Person with disabilities; for the purposes 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 (1) or more of the major life
activities of such individual, is regarded 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.
(5) Operator. An individual or business entity, whether for profit or non-profit, which
provides residential services at a Recovery Home.
(6) Reasonable Accommodation. The act of making a dwelling unit or housing facility 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 requested or
proposed accommodations may not be reasonable and the reasonableness of a request will
be determined by the City.
(7) Recovery Home. A Recovery Home means a single-family dwelling unit inhabited or
intended to be inhabited by unrelated individuals recovering from a drug and/or alcohol
addiction, considered as a handicapped individual under state or federal law, which
promotes use disorder recovery through abstinence from intoxicating substances; and
shall not include facilities which 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 or other similar supportive services.
(8) Recovery Support Services. Recovery support services means activities that are directed
primarily toward recovery from substance use disorders and includes; but is not limited
to, mutual aid self-help meetings, recovery coaching, spiritual coaching, group support
and assistance in achieving and retaining gainful employment. Recovery support services
does not include any medical, clinical, behavioral health or other substance use treatment
service for which a license or other approval is required under state law.
(b) Purpose.
(1) Fair Housing Laws impose an affirmative duty on local governments to make reasonable
accommodation in their land use, zoning regulations and land -use practices when such
accommodation may be necessary to afford handicapped individuals an equal opportunity
to housing in accordance therewith.
(2) In furtherance of the purposes of the Fair Housing Laws, this section is intended to:
preserve the residential character of predominately single-family residential
neighborhoods; ensure that inhabitants of Recovery Homes are actually entitled to
reasonable accommodation; limit the secondary impacts of Recovery Homes by reducing
noise, lighting and traffic; preserve safety, provide adequate on -street or off-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 encourage
living environments that will enhance opportunities for handicapped individuals to remain
in recovery. Pursuant to Fair Housing Laws, this article is also created to provide
handicapped individuals reasonable accommodation in zoning regulations 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.
(3) There is hereby established a procedure for making requests for reasonable
accommodation in land use and zoning regulations to comply fully with the intent and
purpose of Fair Housing Laws. Unless a Recovery Home has been granted reasonable
accommodation as provided in this Article, Recovery Homes shall comply with zoning
regulations applicable to the zone in which they are located.
(c) 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 regulations, zoning regulations, policies, practices and procedures, or
even waiving certain requirements, when it is necessary to eliminate barriers to housing
opportunities.
(d) 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.
(e) Application for Requesting Reasonable Accommodation.
(1) Forms for requesting reasonable accommodation shall be available in the Planning
Department and online.
(2) An application for reasonable accommodation may be made by:
a. Any handicapped individual or his or her representative;
b. The owner of the real property intended for use as a Recovery Home for handicapped
individuals; or
c. The operator of an entity providing residential services at the location.
(3) Requests for reasonable accommodation shall be in writing and provide the following
information:
a. Name, address and phone number of the applicant requesting reasonable
accommodation;
b. Name, address and phone number of the house manager who is responsible for the day-
to-day operation of the facility, if any;
c. Address of the property for which accommodation is requested;
d. Name, address and phone number of the property owner(s) if not the applicant;
e. If the applicant/ operator is not the property owner, a copy of any lease agreement
between applicant/ operator and owner must be provided as well as written approval
from the property owner to operate a Recovery Home at the proposed location;
f. Detailed description of the requested accommodation with reference to any known
regulation, policy or procedure from which relief is sought;
g. Reason that the requested accommodation may be necessary for the handicapped
individual(s) to use the dwelling;
h. Copy of the Recovery Home rules and regulations including intake procedures and
relapse policy;
i. Blank copies of all forms that residents or potential residents are required to complete;
j. An affirmation by the applicant or operator that only handicapped residents shall reside
at the Recovery Home;
k. Where the applicant is not an intended occupant, but instead intends to operate the
home for financial or charitable purposes, a copy of any agreement between the
applicant/ operator and the property owner setting forth or concerning any fee
arrangement or financial reimbursement applicable to each resident of the Recovery
Home; and
1. Copy of certification by a Certifying Organization, either permitting the individual or
entity to operate a Recovery Home, or indicating the individual or entity is otherwise
exempt from certification requirements pursuant to KRS 222.502(b), or proof that the
Recovery Home has applied for certification with a Certifying Organization or the
Cabinet for Health and Family Services
(4) Any information obtained related to an individual's handicap or medical condition 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.
(5) 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 all ordinances and laws not at issue in the requested
accommodation.
(6) If an applicant needs assistance in making the request for reasonable accommodation, the
applicant shall submit a request for assistance to the Director of Planning and assistance in
filing an appropriate request shall be provided.
(7) An applicant may seek relief from the strict application of the provisions of this article by
submitting such request in writing to the Director of Planning setting forth specific reasons
as to why accommodation over and above the provisions set forth herein is necessary.
(8) No application fee shall be charged, except that entities operation a dwelling for-profit shall
comply with Section 106-65 of the Paducah Code of Ordinances.
(f) Grounds for Reasonable Accommodation.
(1) In determining whether to grant a reasonable accommodation, the Director shall consider
the totality of the following factors:
a. That the property will be used by an individual with a recognized handicap protected
under 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, including impacts on parking, ingress
and egress, traffic, lighting and noise;
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, including in the City's overall zoning scheme and
neighborhood development; and
i. Whether granting the request would be consistent with the City's Comprehensive Plan.
(2) In making a determination of whether the requested accommodation would require a
fundamental alteration in the immediate neighborhood, the City's overall zoning scheme,
overall neighborhood development or the City's Comprehensive Plan, an analysis shall be
required of the number of Recovery Homes already accommodated within any specific
neighborhood such that the accommodation of the request with an additional Recovery
Home would institutionalize a predominately single-family dwelling neighborhood.
(3) The Director shall not be required to undertake an investigation of the occupants' handicap.
A Recovery Home certified by a Certifying Organization, or which has applied for
Certification with a Certifying Organization or the Cabinet for Health and Family Services,
and which has a drug testing and relapse policy shall constitute proof of status as
handicapped for purposes of this Section.
(g) Distance Requirement.
(1) No Recovery Home shall be located within six hundred fifty (650) feet, as measured from
the closest property lines, of any other Recovery Home, except as delineated in (g) (2)
herein.
(2) Recovery Homes in existence at the time of enactment of this Section, as referenced in
Section 0) (1) herein, which provide proof of Certification by a Certifying Organization
and compliance with requirements of the Cabinet for Health and Family Services on July
1, 2024, shall not be required to cease operation due to proximity of less than six hundred
fifty (650) feet from the property lines of another Recovery Home.
(3) Upon revocation of a permit as set forth in Sections 0) (6) or (n) (1) herein, Recovery
Homes in existence at the time of enactment of this Section, as referenced in Section 0) (1)
herein shall no longer be excepted from the distance requirement. Upon reapplication for
a permit, if any, such Recovery Home shall be required to meet the distance requirement
set forth herein.
(h) Reviewing Authority.
(1) Requests for reasonable accommodation shall be reviewed by the Director of Planning
using the criteria set forth herein.
(2) The Director shall issue a written decision either granting or denying a temporary permit
to operate a Recovery Home in the intended location, in accordance with Section (k) herein.
A Temporary Permit may be issued in accordance with Section 0) if, upon initial review,
the factors set forth in Section (f) (1)-(2) and (i) (2)-(9) weigh in favor of granting the
reasonable accommodation.
(3) The Director shall issue a written decision on a request for reasonable accommodation
within thirty (30) days of receipt of proof of Certification or Denial of Certification by a
Certifying Organization or the Cabinet for Health and Family Services and may either
grant, grant with modifications or deny a request for reasonable accommodation in
accordance with the required findings set forth below.
(4) If necessary to reach a determination on the request, the Director may request further
information from the applicant consistent with Fair Housing Laws, specifying in detail the
information that is required. In the event 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.
(i) 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:
(1) The Recovery Home shall have applied for certification with a Certifying Organization or
the Cabinet for Health and Family Services and otherwise in good standing with the
Cabinet for Health and Family Services, as required by KRS 222.502.
a. Should the Recovery Home fail to have applied for certification with the Cabinet for
Health and Family Services or a Certifying Organization, or otherwise fail to be in
good standing with the Cabinet for Health and Family Services as required by KRS
222.502, and not otherwise exempt from certification pursuant to KRS 222.502 (b),
the Director's inquiry shall end and the Director need not consider any remaining
factors.
(2) Whether the Recovery Home will be used by individuals with a recognized handicap as
defined herein and protected under Fair Housing Laws.
(3) Whether the requested accommodation is necessary to make housing available to an
individual with a recognized handicap protected under the Fair Housing Laws.
(4) Whether the requested accommodation would impose an undue financial or administrative
burden on the City.
(5) 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.
(6) Whether the requested accommodation will fundamentally alter the neighborhood due to
changes in noise, lighting, parking, traffic or other factors deemed appropriate at the
discretion of the Director.
(7) Whether the requested accommodation will result in a direct threat to the health, safety or
welfare of other individuals or cause physical damage to the property of others.
(8) 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.
(9) Whether the existing supply of facilities of a similar nature is already sufficient to provide
individuals with a recognized handicap an equal opportunity to live in a residential setting.
(10) Whether the applicant has previously had reasonable accommodation revoked or
suspended, including the reasons therefore.
(j) Temporary Permit.
(1) Recovery Homes in Existence at Time of Enactment: The Planning Director shall issue a
temporary permit to the operator of a Recovery Home already in existence prior to
enactment of this Ordinance which has applied for Certification with a Certifying
Organization or the Cabinet for Health and Family Services and provided proof of such
application. Upon Certification by a Certifying Organization or the Cabinet for Health and
Family Services and provision of proof of certification by the Cabinet for Health and
Family Services, a Recovery Home in existence prior to enactment of this Ordinance shall
not be required to submit a request for reasonable accommodation as otherwise required
herein, but shall be required to submit additional documentation annually.
(2) Recovery Homes Not in Existence at Time of Enactment: The Planning Director may issue
a temporary permit to the operator of a Recovery Home which is not already in existence
prior to the enactment of this Ordinance and which has submitted an application for
Certification with a Certifying Organization or the Cabinet for Health and Family Services,
if upon initial review; the factors set forth in Section (f) (1)-(2) and (i) (2)-(9) herein weigh
in favor of granting the reasonable accommodation.
(3) A temporary permit shall authorize the occupancy of a Recovery Home until such time as
a Certifying Organization or the Cabinet for Health and Family Services approves or denies
the Recovery Home's application.
(4) A temporary permit shall indicate only that the Recovery Home has applied for
Certification and is in good standing with the Certifying Organization or the Cabinet for
Health and Family Services. A temporary permit is not a determination that the Recovery
Home will likely be Certified or finally granted reasonable accommodation.
(5) The temporary permit shall be valid until the Certifying Organization or the Cabinet for
Health and Family Services grants or denies certification following a site visit at the
intended or temporarily permitted location.
(6) In the event the Recovery Home's application for Certification is denied by a Certifying
Organization or the Cabinet for Health and Family Services, the Recovery Home's
temporary permit shall be revoked.
(k) Written Decision on the Request for Reasonable Accommodation.
(1) The written decision on the request for reasonable accommodation shall explain in detail
the basis of the decision, including the Director's findings as set forth in subsection (j)
herein.
(2) The written decision shall give notice of the applicant's right to appeal and to request
reasonable accommodation in the appeals process as set forth below.
(3) The notice of decision shall be sent to the applicant by certified mail.
(4) The written decision of the Director shall be deemed final unless an applicant appeals the
decision to the Board of Adjustment within the prescribed time period pursuant to KRS
100.261 (1).
(5) In the event the Director fails to render a written decision within thirty (30) days, the
request shall be forwarded to the City Manager's Office for final determination, which
shall make such written determination within fifteen (15) days thereof.
(6) While a request for reasonable accommodation is pending, all ordinances, laws and
regulations otherwise applicable to the property shall remain in full force and effect.
(7) The Director shall maintain records of requests for reasonable accommodation and the
response thereto, including final written decisions.
(1) Appeals
(1) An applicant may appeal an adverse decision within thirty (30) days of the date of the
written decision. Appeals from the adverse decision shall be made in writing to the Board
of Adjustment.
(2) Appeals shall be filed in the Planning Department.
(3) All appeals shall contain a statement of the grounds for the appeal.
(4) Nothing in this procedure shall preclude an aggrieved individual from seeking any other
state or federal remedy available.
(m) Requirements of Recovery Homes Following Written Decision Granting Reasonable
Accommodation. Following the written determination that a Recovery Home is entitled to
reasonable accommodation, the Recovery Home shall be subject to the following:
(1) Insurance and Mortgage Notification Requirement.
a. The operator of any Recovery Home shall maintain and provide proof to the City of
general liability and homeowners/renters insurance coverage in an amount deemed
appropriate by the operator of the Recovery Home and the Certifying Organization.
b. The 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
Recovery Home.
(2) Good Neighbor Policy. The Recovery Home shall maintain a good neighbor policy that
shall direct occupants to be considerate of neighbors, including refraining from engaging
in excessively loud or obnoxious behavior that would unduly interfere with a neighbor's
use and enjoyment of their dwelling unit. The good neighbor policy shall establish a
written protocol for accepting complaints from neighbors and for the house
manager/operator to follow when a neighbor complaint is received.
(3) Parking. The Recovery Home shall not permit occupants or visitors to park on unfinished,
grass or dirt surfaces. Occupant parking shall not be permitted to interfere with the ingress
and egress of the home or neighboring properties.
(4) Maintenance of records. The Recovery Home operator shall maintain records for a period
of one (1) year following eviction, or involuntary termination, of an occupant. Nothing
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SECTION 3. This ordinance shall be read on two separate days and will become
effective upon summary publication pursuant to
ATTEST:
L` Idsay Parish, Ci ff
lerk
Introduced by the Board of Commissioners, May 14, 2024
Adopted by the Board of Commissioners, June 11, 2024
Recorded by Lindsay Parish, City Clerk, June 11, 2024
Published by The Paducah Sun, June 13, 2024
\ord\plan\126-88 Reasonable Accommodation for Recovery Homes