Land Use & Zoning
A Utah ordinance that prohibits group homes for people with disabilities in residential zones would likely:
ABe upheld as a valid zoning regulation
BViolate the Fair Housing Act's requirement that zoning treat group homes like other residential uses✓ Correct
CBe permitted under the ADA's commercial exemption
DBe lawful if approved by a 2/3 majority of the city council
Explanation
The Fair Housing Act requires that group homes for persons with disabilities be treated the same as other residential occupancies. Zoning restrictions that specifically target group homes violate fair housing law.
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Key Terms to Know
Zoning
Local government regulations that control land use by dividing areas into zones specifying permitted uses, building sizes, and densities.
Fair Housing ActFederal law prohibiting discrimination in the sale, rental, or financing of housing based on race, color, national origin, religion, sex, disability, and familial status.
VarianceOfficial permission to use land in a way that does not conform to the applicable zoning ordinance, granted by a zoning board when strict enforcement would cause undue hardship.
Eminent DomainThe power of government to take private property for public use, with the requirement to pay the owner just compensation.
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