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It also explains eligibility criteria and clarifies that Oxford House-style sober living homes are used as an example, including democratic resident governance and no paid staff or healthcare 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fewer services than Special Care Home, Transitional Housing, or Assisted Living Facility.","https://schema.org",{"og:url":32,"og:type":75,"og:title":10,"og:site_name":45,"og:description":12},"article",{"robots":77,"canonical":32},"index,follow",{"doc_id":79,"site_id":7},357999,1791396141,{"code":4,"msg":82,"data":83},"success",[84,89,94,99,104,109,114,118,122],{"id":85,"doc_module":22,"doc_module_name":25,"category_name":86,"show_sort_weight":87,"slug":88},11,"Presentations",90,"presentations",{"id":90,"doc_module":22,"doc_module_name":25,"category_name":91,"show_sort_weight":92,"slug":93},12,"Resumes",80,"resumes",{"id":95,"doc_module":22,"doc_module_name":25,"category_name":96,"show_sort_weight":97,"slug":98},14,"Invoices",70,"invoices",{"id":100,"doc_module":22,"doc_module_name":25,"category_name":101,"show_sort_weight":102,"slug":103},15,"Posters",60,"posters",{"id":105,"doc_module":22,"doc_module_name":25,"category_name":106,"show_sort_weight":107,"slug":108},16,"Social 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\n[http://www.denvergov.org/developmentservices](http://www.denvergov.org/developmentservices)  \nUNLISTED PRIMARY USE DETERMINATION: FHA GROUP HOMES  \nAt the direction of the City Attorney’s Office and the Executive Director of Community Planning Development (“CPD”), the Zoning Administrator initiated this “unlisted use determination” to consider whether to permit an unlisted type of primary residential use, where a dwelling unit is occupied by a larger number of unrelated adults than allowed under the Denver Zoning Code’s current definition of“household”, but where the dwelling unit’s residents are protected under the Federal Fair Housing Act (“FHA”) as a “handicapped” population. 1 The proposed use shall be referred to in this document as a“FHA Group Home.”  \nThis unlisted use determination would allow FHA Group Homes in all neighborhood contexts and Denver Zoning Code zone districts that allow establishment of any new Household Living use other than a Live/Work Dwelling use. 2 The underlying reason for the determination is because the proposed“FHA Group Home” does not clearly fit any defined specific use type under the more general classification of permitted Residential Primary Uses.  \nThe proposed unlisted primary FHA Group Home use is described as follows (all capitalized land uses, words, terms, and phrases have the meanings stated in the Denver Zoning Code):  \n“Residential Occupancy of a Dwelling Unit where:  \n1. All adult residents (18 years and older) are ‘handicapped’ as defined by the Federal Fair Housing Act (see footnote 1),  \n1 Under the Federal Fair Housing Act,“handicap\" means, with respect to a person: (1) a physical or mental impairment which substantially limits one or more of such person's major life activities,(2) a record of having such an impairment, or (3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance. 42 U.S.C. § 3602(h) . U.S. Courts have uniformly held that persons who have recovered from drug or alcohol addiction are “handicapped” persons protected by the FHA. See Corporation of Episcopal Church in Utah v. West Valley City, 19 F.Supp.2d 1215, 1219 (D. Utah 2000) .  \n2All zone districts in all neighborhood contexts currently allow establishment of at least one specific type of new“Household Living” primary use (other than a Live/Work Dwelling), except for the I-A, I-B, DIA, O-1, and OS zone districts. The modifier “new” is an important distinction because certain Household Living uses may continue in the I-A and I-B zones if they existed before July 1, 2004; however, new Household Living use in those zone districts (not including Live/Work Dwellings) are prohibited. References to “Household Living” uses in this document shall mean all specific Household Living use types defined in the DZC (e.g., Single-Unit or Two-Unit Dwelling), but not including Live/Work Dwelling.  \n2. All residents live in the dwelling unit as a single, non-profit housekeeping unit,  \n3. The number of adult residents per dwelling unit exceeds the number of unrelated adults otherwise permitted to live as a “Household” by the Denver Zoning Code,  \n4. Length of residents’ tenancy is longer than 30 days and is not otherwise constrained except by individual choice or by resident consensus (e.g., immediate expulsion for using illegal drugs or alcohol), and  \n5. The adult residents receive fewer services than they would in the following types of ‘Group Living’ use types: Special Care Home, Transitional Housing, or Assisted Living Facility.\"  \nThe proposed FHA Group Home is intended to include, but is not limited to, the Oxford House, Inc. model of sober living homes (also referred to as “recovery residences”), established here in Colorado and similarly across the country. The general cou","cbCainEhHE5HiTK9","https://ap.wps.com/l/cbCainEhHE5HiTK9","pdf",314615,"English","# UNLISTED PRIMARY USE DETERMINATION\n## FHA Group Homes\n## Proposed Use Criteria\n## Oxford House Model Example","[{\"question\":\"What is an “FHA Group Home” under the unlisted use determination?\",\"answer\":\"It is an unlisted primary residential use where all adult residents are “handicapped” as defined by the Federal Fair Housing Act, and the dwelling unit is occupied by more unrelated adults than the Denver Zoning Code otherwise allows for a “household.”\"},{\"question\":\"Why is the use treated as “unlisted”?\",\"answer\":\"The proposed FHA Group Home does not clearly fit any defined specific use type under the broader classification of permitted Residential Primary Uses, so an unlisted use determination is required.\"},{\"question\":\"What distinguishes an FHA Group Home from other group living uses in the criteria?\",\"answer\":\"The criteria require residents to live in a single, non-profit housekeeping unit, exceed the unrelated-adult limit for a “household,” have tenancy longer than 30 days, and receive fewer services than Special Care Home, Transitional Housing, or Assisted Living Facility.\"}]","UNLISTED PRIMARY USE DETERMINATION - FHA GROUP HOMES | PDF",1790132481]