I'll show you a picture of the temple.

Jamie, are we good with recording?

We're good for the code.

Okay.

Well, we'll go ahead and call our work session meeting to order.

We have all of our elected officials present.

And first up, there's only two items discussion I see agenda.

First up is group homes.

And so Kevin, Ryan, I'll turn it over to you to kind of level set the discussion.

Thank you, Mayor, members of the council.

I've put together a presentation that just does a quick dive into the residential facilities section of the code.

We wanted to just kind of help make sure everybody understands the purpose behind the code section, understand a little bit about how it's being applied, and and then also clarify a bit of some changes.

No changes to the code, but rather uh making sure that we're in enforcing it and interpreting it the correct way.

Um and then you'll notice there's also an item on the fee schedule this evening for this very reason as well.

So I'll just dive right into it.

Um there's definitely gonna be some time for some some question and answer as well.

I don't plan on taking a whole lot of time.

First thing, as you can see here, the purpose of the code section.

I the most important part of uh of this slide here that I want to highlight for you is that this does apply to all residential so zones.

It's not a separate zone, and all the substantive substantive features of this ordinance are driven by federal law.

So as this ordinance was created, the whole purpose of this ordinance, quite frankly, was to create accommodations where necessary to allow disabled individuals to obtain affordable housing.

That's the entire premise behind this code section across all of the others.

And I want just a little bit of background as I was doing this little deep dive.

I did go in and research a lot of the of our surrounding cities.

Um our code is very comparable to a lot of the surrounding cities.

There are some salien differences, but all in all, it's it's very comparable.

Um the processes that you'll see as I go through here are the same overarching processes as you see in other cities as well.

Uh as you dive into the code, the permitted uses as I mentioned, or any residential zone is where these residential facilities are allowed.

I think it's important as I dove in for my own knowledge to make sure an understanding what a dwelling is in the purposes of this code, which is basically a single family dwelling.

And so then ultimately you understand of well, what is a family?

The family is defined beyond just family by blood.

The family is defined as a group not to exceed four unrelated persons living together.

So that's the important number that we need to think through as we're diving into this.

Anything over four needs to have something else that comes in to get the approval.

Okay, so that there's our number right there that we've uh we've wondered.

Um, the review process, the applicant um is required to submit uh things here.

We utilize the uh business licensing function as a way of tracking this.

Uh uh it's it's probably not the right way to say it is truly a business license, but that's our way of tracking all of these residential facilities.

Um the development standards that that govern this.

Um it's it's all basically the same requirements as it would be for a family.

So for example, if you have a family living in a residential neighborhood, and that family has five children and everybody has five cars, we're gonna allow, as long as those cars are licensed, they can be on public streets and be allowed there.

The one exception to that is if anybody wants to come in and operate a day or an outpatient treatment facility within one of these zones, that's gonna be treated using a conditional use permit.

That's gonna be handled a little bit differently than simply just these residential facilities where the main purpose there is to again allow that residential housing for these individuals.

Um again, the license and certifications is as I mentioned the city business license is there mostly for tracking purposes, so we have record of all of these things.

Um the state does license and govern this as well.

Um and then they they are required to do a sworn statement confirming that there's no dangerous residence.

Now, in the event that somebody comes in and has more than four of those unrelated persons, this is where this reasonable accommodation comes into play.

Basically, what happens is these applicants need to submit a reasonable accommodation request request.

We've uh essentially created a an application that they can fill out, turning into it.

It's defined in the code as the economic development director.

We we know that's our development services director.

Um so it gets submitted to them, and then it the burden is on them to provide uh what they necessarily, what the reasonable accommodations they need.

Um at that point in time, the city will then have a hearing officer that will be appointed by the mayor with the city council consent.

And then you can see here there's a process that is involved in getting this final decision for the hearing officer.

The hearing officer will be very versed in um ADA law, we've and federal housing law.

Uh, we've already uh uh spoken with and found someone that we would like to use.

We're gonna be bringing that before the council on December 2nd for that official appointment.

Utah is fortunate in that we happen to have a nationally recognized expert in this area of the law, and he's a practicing attorney, and he writes opinions that are considered to be defensible in a court of law because the recognition is that there can be competing interests that are on all sides of an opinion that come from a hearing officer that's make so when he does do it, he does it so thoroughly that regardless of who might challenge it, it is defensible.

Right.

Can I can I pause there just for a moment?