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January 2025 Millcreek Together Code Update I 18.74 Reasonable Accommodations Summary Sheet Chapter 18.98 Definitions A. Purpose. The purpose of this chapter is to balance local zoning considerations with state and federal mandates, including those that may require reasonable accommodation for disabled persons living together in a group housing arrangement in a residential neighborhood. B. What Changed. o Added an application procedure for a Reasonable Accommodation Determination to §18.15.030 that outlines in detail our requirements for an applicant to establish that an accommodation is reasonable and necessary under federal law. The current ordinance does not have a detailed application procedure for determining reasonable accommodations. o The ratios for group homes in the current parking ordinance was inconsistent with the standard described in 18.70. Parking standards have been made consisted to match the current standard: a minimum of 4 parking spaces plus 1 parking space for every 5 residents. o New language that states that a reasonable accommodation does not require structural or landscaping alterations that would change the structure’s residential character or appearance. o Reorganizes the “reasonable accommodation” language into a new section. Includes language that states that a reasonable accommodation cannot create a nonconforming use if that reasonable accommodation were to be terminated (such as a reasonable accommodation that could permit a duplex in a single-family zone). o Creates approval criteria for reasonable accommodation determinations o Significantly adds to the submittal requirements for reasonable accommodation determinations, which are currently lacking o Adds to termination and transferability requirements for reasonable accommodation permits o Adds a definition for “Reasonable Accommodation” o Included the Planning Commission’s recommendation for a site inspection prior to approval of a permitted use or a reasonable accommodation for a residential facility for persons with a disability (see pages 3 and 5 of the attached ordinance). o Added a staff recommendation, subsequent to the Planning Commission’s recommendation, for a notice of intent requirement. This provision requires an applicant for a permitted use approval or a reasonable accommodation to file a notice of intent with the city prior to filing an application. This provision was adapted from Taylorsville’s ordinance, and will make the city aware of a potential reasonable accommodation or permitted use and will provide the city an opportunity to have constructive dialogue with an applicant about state and city requirements for the use prior to an application being filed. C. What Remained the Same. ---PAGE BREAK--- January 2025 Millcreek Together Code Update I 18.74 Reasonable Accommodations Summary Sheet o Prohibitions for residential day treatment and institutional uses in certain zones remains the same. D. Rationale for Changes. o Since residential facilities for persons with a disability are subject to the Fair Housing Act and the Americans with Disabilities Act, the changes were limited to ensure compliance with federal law. However, However, case law and guidance from the Department of Justice and the Department of Health and Human Services does state that it is an applicant’s burden to prove that a reasonable accommodation is needed. This ordinance is intended to provide a structure around future requests for reasonable accommodations in a manner that complies with federal disability and fair housing laws and that welcomes disabled residents into our community, while protecting Millcreek’s legitimate interests in preserving the character of its neighborhoods.