DCA 123-001

Consideration of amending the Dallas Development Code to amend the handicapped group dwelling unit

regulations.

What is a handicapped group dwelling unit?• A single dwelling unit that is the domicile of

not more than eight handicapped personswho are not a “family” as that term is definedin [the Dallas Development Code], and whoare living together as a single housekeepingare living together as a single housekeepingunit. Up to two supervisory personnel mayreside on the premises, provided that the totalnumber of residents, including supervisorypersonnel, does not exceed eight. DallasDevelopment Code § 51A-4.209(b)(3.1)(ii).

What is a handicapped group dwelling unit?• Dwelling unit means one or more rooms

designed to be a single housekeeping unit toaccommodate one family and containing oneor more kitchens, one or more bathrooms,or more kitchens, one or more bathrooms,and one or more bedrooms. DallasDevelopment Code § 51A-2.102(34).

What is a handicapped group dwelling unit?• Domicile means the legal, established, fixed,

and permanent place of residence of a person,as distinguished from a temporary andtransient, though actual, place of residence.transient, though actual, place of residence.Dallas Development Code § 51A-4.209(b)(3.1)(A) (i).

What is a handicapped group dwelling unit?• A “handicap” or “disability” is:

– a mental or physical impairment that substantially limits a major life activity,– a record of having such an impairment, or– being regarded as having such an impairment.

36 U.S. Code § 3602(h); 42 U.S. Code § 12102 (emphasis added)

• “Major life activity” includes, but is not limited to, “caring for oneself, performing• “Major life activity” includes, but is not limited to, “caring for oneself, performingmanual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending,speaking, breathing, learning, reading, concentrating, thinking, communicating,and working” and “includes the operation of a major bodily function, including butnot limited to, functions of the immune system, normal cell growth, digestive,bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, andreproductive functions.”

42 U.S. Code § 12102

What is a handicapped group dwelling unit?

Examples of protected disabilities

• HIV infection and AIDS • Alzheimer’s

• Mental retardation • Dementia• Mental retardation • Dementia

• Recovering alcoholic • Diabetes

• Recovering drug addict • Old age (at times)

• Learning disability • Epilepsy

• Mental illness • Physically impaired

What is a handicapped group dwelling unit?

Federal disability laws do not protect:

• Current users of illegal controlled substances• Persons convicted for illegal manufacture or

distribution of a controlled substancedistribution of a controlled substance• Sex offenders• Juvenile offenders• Persons who present a direct threat to the

persons or property of others as determined onan individualized basis

What is a handicapped group dwelling unit?• Family means individuals living together as asingle housekeeping unit in which not morethan four individuals are unrelated to thehead of the household by blood, marriage, orhead of the household by blood, marriage, oradoption. Dallas Development Code § 51A-2.102(36).

What is a handicapped group dwelling unit?• Single family means one dwelling unit located

on a lot. Dallas Development Code § 51A-4.209(b)(6)(A).

What a handicapped group dwelling unit is not.• Group residential facility.

– An interim or permanent residential facility (asopposed to a lodging or medical treatmentfacility) that provides room and board to a groupfacility) that provides room and board to a groupof persons who are not a “family” as that term isdefined in [the Dallas Development Code],whether or not the facility is operated for profit orcharges for the services it offers. DallasDevelopment Code § 51A-4.209(b)(3)(A).

What a handicapped group dwelling unit is not.• Duplex.

– Two dwelling units located on a lot. DallasDevelopment Code § 51A-4.209(b)(2)(A).

• Multifamily.• Multifamily.– Three or more dwelling units on a lot. Dallas

Development Code § 51A-4.209(b)(5)(A).

What a handicapped group dwelling unit is not.• Residential hotel.

– A facility that receives more than 50 percent of its rentalincome from occupancies of 30 days or more and contains:

• Six or more guest rooms with living and sleeping accommodations,but no kitchen nor kitchenette;

• Six or more guest rooms with living, sleeping, and kitchen or• Six or more guest rooms with living, sleeping, and kitchen orkitchenette facilities that are offered for rental on a daily basis; or

• Six or more guest rooms with living and sleeping accommodations,each of which is individually secured and rented separately to oneor more individuals who have access to bathroom, kitchen, ordining facilities outside the guestroom on a common basis withother occupants of the structure. Dallas Development Code §51A-4.209(b)(5.1)(A).

What a handicapped group dwelling unit is not.• Retirement housing.

– A residential facility principally designed forpersons 55 years of age or older. DallasDevelopment Code § 51A-4.209(b)(5.2)(A).

• Halfway house.• Halfway house.– A facility for the housing, rehabilitation, and

training of persons on probation, parole, or earlyrelease from correctional institutions, or otherpersons found guilty of criminal offenses. DallasDevelopment Code § 51A-4.204(13).

What a handicapped group dwelling unit is not.• Convalescent and nursing homes, hospice

care, and related institutions.– This use includes both:

• An establishment which furnishes (in single or multiplefacilities) food and shelter to five or more persons whofacilities) food and shelter to five or more persons whoare not related by blood, marriage, or adoption to theowner or proprietor of the establishment and, inaddition, provides minor treatment under the directionand supervision of a physician, or services which meetsome need beyond the basic provision of food, shelter,and laundry; and

What a handicapped group dwelling unit is not.

• An establishment conducted by or for the adherence ofany well-recognized church or religious denominationfor the purpose of providing facilities for the care ortreatment of the sick who depend exclusively uponprayer or spiritual means for healing, without the useprayer or spiritual means for healing, without the useof any drug or material remedy, provided safety,sanitary, and quarantine laws and regulations arecomplied with. Dallas Development Code § 51A-4.204(8)(A)(i).

Handicapped group dwelling unit compared to single family.Handicapped Group Dwelling Unit• Districts permitted.

– When at least 1,000 feet fromgroup residential facilities andall other licensed handicappedgroup dwelling units, by right inagricultural, single family,

Single Family

• Districts permitted.– By right in agricultural, single

family, duplex, townhouse,CH, MF-1(A), MF-1(SAH), MF-group dwelling units, by right in

agricultural, single family,duplex, townhouse, CH, MF-1(A), MF-1(SAH), MF-2(A), MF-2(SAH), MH(A), GO(A), centralarea, MU-1, and MU-1(SAH)districts; otherwise, by SUPonly in the same districts. BySUP only in urban corridordistricts. Dallas DevelopmentCode § 51A-4.209(b)(3.1)(B).

CH, MF-1(A), MF-1(SAH), MF-2(A), MF-2(SAH), MH(A),central area, MU-1, and MU-1(SAH). By right as arestricted component in theGO(A) district. DallasDevelopment Code § 51A-4.209(b)(6)(B).

Handicapped group dwelling unit compared to single family.Handicapped Group Dwelling Unit.

• Parking requirement.– One space in R-7.5(A), R-5(A),

and TH districts; two spacesin all other districts. No

Single Family

• Parking requirement.– One space in R-7.5(A), R-5(A),

and TH districts; two spacesin all other districts. Noin all other districts. No

handicapped parking isrequired. If an SUP isrequired for this use, the off-street parking requirementmay be established by theordinance granting the SUP.Dallas Development Code §51A-4.209(b)(3.1)(C).

in all other districts. Nohandicapped parking isrequired. DallasDevelopment Code § 51A-4.209(b)(6)(C).

Handicapped group dwelling unit compared to single family.Handicapped Group Dwelling Unit

• Loading requirement.– None. Dallas Development

Code § 51A-4.209(b)(3.1)(D).

Single Family

• Loading requirement.– None. Dallas Development

Code § 51A-4.209(b)(6)(D).

Handicapped group dwelling unit compared to single family.Handicapped Group Dwelling Unit• Key differences.

– Allows up to eight unrelatedhandicapped people to livetogether in a single dwellingunit. Dallas Development

Single Family

• Key differences.– Allows up to four people

unrelated to the head of thehousehold to live together inunit. Dallas Development

Code § 51A-4.209(b)(3.1)(A)(ii).

– SUP required if not 1,000 feetfrom group residential facilitiesand other handicapped groupdwelling units. DallasDevelopment Code § 51A-4.209(b)(3.1)(B).

household to live together ina single dwelling unit. DallasDevelopment Code § 51A-2.102(36).

– No SUP requirement. DallasDevelopment Code § 51A-4.209(b)(6)(B).

Why is this important?

• Federal law (FHAA, ADA, and RehabilitationAct) prohibits cities from refusing to makereasonable accommodations in land use andzoning policies and procedures where suchzoning policies and procedures where suchaccommodations may be necessary to affordpersons or groups of persons with disabilitiesan equal opportunity to use and enjoyhousing.

Compliance with FHAA.

• The city council intends that [Chapter 51A] fullycomply with the Federal Fair HousingAmendments Act of 1988 (“FHAA”) and all otherapplicable state and federal legislation . . . . It isthe express intent of the city council that allfamilies as defined [in Chapter 51A] be treatedthe express intent of the city council that allfamilies as defined [in Chapter 51A] be treatedalike without regard to handicapped or non-handicapped status of individual family members,and that [Chapter 51A] be construed in a mannerconsistent with the FHAA and all other applicablestate and federal legislation at all times. DallasDevelopment Code § 51A-1.102(b)(2).

History of Handicapped Group Dwelling Use in the Dallas Development Code• Ordinance No. 21044, 9/1/1991.

– Adds handicapped group dwelling unit use to Chapter 51A.• Ordinance No. 21663, 5/23/1993.

– Amends Chapter 51A to allow handicapped group dwelling units in SAHdistricts.

• Ordinance No. 23897, 5/26/1999.– Amends definition of handicapped group dwelling unit from six people and– Amends definition of handicapped group dwelling unit from six people and

two supervisors to eight persons total.• Ordinance No. 24585, 4/11/2001.

– Established procedure to determine the location of surrounding handicappedgroup dwelling units.

• Ordinance No. 24718, 9/12/2001.– Amends Chapter 51A to allow handicapped group dwelling units in urban

corridor districts by SUP.• Ordinance No. 26140, 10/12/2005.

– Adds handicapped group dwelling units to Chapter 51.