Agenda Item Title
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City Council requesting update on code amendments relative to the review of reasonable accommodation requests.
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Presenter
Presenter
Darien Alcorn
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Description/Background:
On January 17, 2017 the City Council received information from the Community Development Department and the City Attorney's Office regarding different options for the City to consider reasonable accommodation requests for Residential Facilities for Elderly Persons or for Persons with a Disability. The City Council is requesting an update on development of potential code amendments changing how the City considers these requests.
Chapter 15A-11-08 of the Sandy City Land Development Code guides the review of a Residential Facility for Elderly Persons or for Persons with a Disability. A copy of this section of code is attached. The purpose of the section is to comply with state law and, "avoid discrimination in housing against persons with disabilities pursuant to the Utah Fair Housing Act and the Federal Fair Housing Act as interpreted by courts whose decisions are binding in Utah." In general, these types of residential uses are permitted, "in any zone where a dwelling is allowed as a permitted or conditional use..." State and federal law compel municipalities to provide a reasonable accommodation, "to allow the establishment or occupancy of a residential facility for persons with a disability." As such, "residential facilities" are a special use and may not be subject to residential standards described elsewhere in the City's land development code. For example, the number of unrelated individuals living in a home may be allowed to exceed occupancy standards that would otherwise apply to a single family dwelling.
Chapter 15-A-11-08 includes a detailed review process and compels the Planning Commission to evaluate the impact of a proposed facility. In practice, the City treats the applications for residential facilities similar to a special exception a...
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