[Added 3-11-2015 by Ord.
No. 2015-2]
The Town of Georgetown recognizes that supportive housing offers
individuals opportunities for involvement in community life, while
residing in safe, affordable housing.
The Town Council of the Town of Georgetown, Delaware, hereby
declares it to be the policy of the Town to adopt, ratify and implement
in the operations of Town government the antidiscrimination laws and
policies embodied in Delaware and federal law, as to housing and zoning
issues, including but not limited to the Federal Fair Housing Act
and Amendments (FHAA), 42 U.S.C. Ch. 45, and the Delaware Fair Housing
Act, 6 Del.C. Ch. 46. It is further the policy of the Town to provide
an administrative procedure through which any disputes concerning
the same may effectively and expeditiously be resolved with fairness
and due process for all parties concerned.
Owners and operators of supportive housing facilities must obtain
any necessary Town license(s) and register the facility with the Town
Planning Department on forms provided for that purpose and certify
compliance with all applicable ordinances. If a supportive housing
facility is licensed by the state, it shall provide a current copy
of that license. Owners and operators of supportive housing facilities
must notify the Planning Department of any change of use, change in
maximum number of residents, transfer or termination of a supportive
housing use, and revise the facility registration as appropriate.
It is necessary and desirable to provide suitable sites for
supportive housing facilities in residential areas and in various
zoning classifications, provided that, in furtherance of the goals
of de-institutionalization and dispersal, and to facilitate the full
integration of residents of supportive housing facilities into the
community, no supportive housing facility may be located less than
500 feet from any other supportive housing facility, measured from
property line to property line. This provision shall not apply to
any facilities considered single-family residences under this chapter.
Supportive housing facilities shall be expected to comply with
all zoning and housing requirements (e.g., exterior appearance, occupancy
limits, signage, etc.) in the same manner as other properties in the
same zoning classification.
A.
Notwithstanding any other provision of this Code to the contrary,
any individual, group or entity aggrieved by any action or regulation
of the Town regarding a supportive housing facility may make a request
for reasonable accommodation from any provision of the Code by which
they are aggrieved, pursuant to the procedures set forth in this chapter.
B.
It is the policy of the Town of Georgetown to provide individuals
with disabilities reasonable accommodation in rules, policies, practices
and procedures to ensure equal access to housing. This chapter establishes
a procedure for making requests for reasonable accommodation in land
use, zoning, policies, practices and procedures of the Town of Georgetown
to comply fully with the intent and purpose of fair housing laws.
In order to make specific housing available to one or more individuals
with disabilities, a disabled person or a person acting on his or
her behalf at his or her request (collectively, the "applicant") may
request a reasonable accommodation relating to the various land use
or zoning rules, policies, practices and/or procedures of the Town
applicable to such housing.
A.
A request by an applicant for reasonable accommodation relating to
land use or zoning rules, policies, practices and/or procedures shall
be made in writing on a reasonable accommodation request form provided
by the Town of Georgetown. The form shall contain:
(1)
The address and current zoning for the property;
(2)
The name, phone number and address of the owner of the fee interest
of the property (if other than the applicant);
(3)
The nature of the disability that requires the reasonable accommodation.
In the event that the specific individuals who are expected to reside
at the property are not known to the applicant in advance of making
the application, the applicant shall not be precluded from filing
the application, but shall submit details describing the range of
disabilities that prospective residents are expected to have to qualify
for the housing. The applicant shall notify the Town, in the event
the residents at the location are not within the range described.
The Town shall then determine if an amended application and subsequent
determination of reasonable accommodation is appropriate;
(4)
The specific type(s) of accommodation (e.g., waiver or modification
of applicable rule or policy) requested by the applicant. To the extent
practicable, this portion should include information concerning the
impact of the reasonable accommodation on the adjoining properties
and area, the number of people who are expected to be availing themselves
of the reasonable accommodation, the estimated number of people in
an average week who will be necessary to provide services to the person(s)
with disabilities at the property on an ongoing basis, whether or
not this type of reasonable accommodation is required to obtain a
license from any state or county authority to operate, and any other
information the applicant thinks would assist in determining the reasonableness
of the accommodation;
(5)
The applicant should also note, if known, whether this accommodation
requires any additional licensure from the Town (e.g., business or
rental license);
(6)
Whether the accommodation requested may be necessary to afford
one or more disabled persons equal opportunity to use and enjoy a
specific dwelling, identifying such persons, if known;
(7)
A statement by the applicant, along with any supporting information,
about why such accommodation is necessary in order to meet the particular
needs of the residents, or why the accommodation is of therapeutic
benefit to the residents.
B.
The applicant shall furnish the Town all information necessary for
processing the reasonable accommodation request, including any additional
information which the Town may request or deem necessary to complete
and evaluate a reasonable accommodation request form.
C.
The applicant is entitled to be represented at all stages of the
proceedings identified in this section by a person designated by the
applicant.
D.
Should the information provided by the applicant to the Town include
medical information or records of the applicant, including records
indicating the medical condition, diagnosis or medical history of
the applicant, the applicant may, at the time of submitting such medical
information, request that the Town, to the extent allowed by law,
treat such medical information as confidential information of the
applicant.
E.
The Town shall provide written notice to the applicant, and any person
designated by the applicant to represent the applicant in the application
proceeding, of any request received by the Town for disclosure of
the medical information or documentation which the applicant has previously
requested be treated as confidential by the Town. The Town will cooperate
with the applicant, to the extent allowed by law, in actions initiated
by the applicant to oppose the disclosure of such medical information
or documentation.
A.
The Town Manager, or his/her designee ("Town Manager/designee"),
shall have the authority to consider and act on requests for reasonable
accommodation. When a request for reasonable accommodation is filed
with the Town, it will be referred to the Town Manager/designee for
review and consideration. The Town Manager/designee shall issue a
written determination within 30 days of the date of receipt of a completed
application and may:
(1)
Grant the accommodation request; or
(2)
Deny the request, in accordance with law. Any such denial shall
be in writing and shall state the grounds therefor. All written determinations
shall give notice of the right to appeal and the right to request
reasonable accommodation in the appeals process. The notice of determination
shall be sent to the applicant by certified mail, return receipt requested,
and by regular mail.
B.
If reasonably necessary to reach a determination on the request for
reasonable accommodation, the Town Manager/designee may, prior to
the end of said thirty-day period, request additional information
from the applicant, specifying in detail what information is required.
The applicant shall have 15 days after the date of the request for
additional information to provide the requested information. In the
event a request for additional information is made, the thirty-day
period to issue a written determination shall be stayed. A written
determination shall be issued by the Town Manager/designee within
30 days after receipt of the additional information. If the applicant
fails to provide the requested additional information within said
fifteen-day period, a written determination shall be issued by the
Town Manager/designee within 30 days after expiration of said fifteen-day
period.
A.
The following findings, while not exhaustive of all considerations
and findings that may be relevant, must be made before any action
is taken to approve or deny a request for reasonable accommodation
and must be incorporated into the record relating to such approval
or denial:
(1)
Whether the accommodation requested may be necessary to afford
one or more persons with disabilities equal opportunity to use and
enjoy a specific dwelling;
(2)
Whether the requested accommodation would require a fundamental
alteration to the Town's zoning scheme; and
(3)
Whether the requested accommodation would impose undue financial
or administrative burdens on the Town.
C.
If a request for reasonable accommodation is approved, the written
determination may specify any relevant standards and conditions that
the supportive housing facility shall follow, including, but not limited
to, the maximum number of residents based upon state law (e.g., Fire
Marshal) and the Town Code, specifics of operation, and parking plan.
D.
This section does not obligate the Town to grant any accommodation
request unless required by federal or Delaware state law.
A.
Within 30 days after the date the Town Manager/designee mails a written
adverse determination to the applicant, the applicant requesting reasonable
accommodation may appeal the adverse determination to the Board of
Adjustment.
B.
All appeals shall contain a statement of the specific grounds for
the appeal.
C.
The Town will provide the applicant with the necessary information
as to how to file and process an appeal. Applicants are entitled to
be represented at all stages of the administrative appeal proceeding
by a person designated by the applicant.
D.
Appeals shall be to the Board of Adjustment, which shall hear the matter and render a determination as soon as reasonably practicable, but in no event later than 60 days after an appeal has been filed. All determinations on appeal shall address and be based upon the findings identified in § 230-255 of this article.
E.
An applicant may request reasonable accommodation in the procedure
by which an appeal will be conducted.
The Town shall not impose any additional fees or costs in connection
with a request for reasonable accommodation under the provisions of
this article or an appeal of a denial of such request by the Town
Manager/designee. However, nothing in this article obligates the Town
to pay an applicant's attorney fees or costs.
The Town shall maintain records of all requests submitted under
the provisions of this article and the Town's responses thereto.
The supportive housing zoning matrix is included as an attachment to this chapter.
