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Show GROUP HOMES FOR THE ELDERLY A proposed extension of the state- zoning law cove-ring group homes was the subject of a July 14 hearing of the Social Services Interim Committee. Current law mandates local governments to provide conditional use permits for the establishment of group homes for the mentally and physically handicapped, but does not extend to the elderly. A conditional use- permit allo\ly'S group homes to be established in areas -where zoning would othenvise restrict or forbid several unrelated persons from occupying a single fatnily dwelling. BACKGROUND: Although zoning is usually considered a local matter, in 1981, in response to a serious need for group homes and the unVvillingness of local governments to provide for their establishment. the state- passed legislation requiring local governrnents to set up criteria for conditional use permits. The original bill, W"hich covered only the physically handicapped, had broad support from both the legislature and various social agencies, and in 1985 the law \.'tla.S amended to cover the mentally ill. A 1985-86 bill to extend this coverage to the elderly met v'vith serious opposition and vvas referred to interim study. ISSUES: The primary issue of the hearing Vva.s v-metber the right of the elderly to have group homes should be protected under state law. Opponents of the concept of group homes in residential areas and those "vvho believe the current law is not working took the opportunity to reopen this debate. The hearing soon focused on vmether the current law needs reworking to elirninate incongruities and supply more specific language. It v-ras the contention of nun1erous Vvitnesses that, allov?ing local governrnents to set the conditions) makes enforcement of the la"'+.1 inconsistent from jurisdiction to jurisdiction and has made obtaining a use pern1it next to impossible in some areas. In some jurisdictions, requirements such as one parking spot for every four residents did not take into consideration the age or physical condition of the residents . Other jurisdictions placed restrictive conditions (ie: a siz: foot high ience a1-ound the back yard, no on-street parking and no noise) . Whose violation would result in loss of the permit. According to a spokesperson for the State Division of Handicapped Services. there is an urgent need to resolve the probletns as the state 1nust establish 14 group homes to alleviate overcrowding of the Utah State Training School or face the loss of $ 15, million dollars in federal funds. She emphasized that we rnust weigh the " needs of a vulnerable group of citizens against the rights of local zoning corr1missions". Several of the Vvitnesses representing handicapped groups f ett the elderly v-1ere dissimular to tl1e handicapped and should not be included under the bill. Hov-.rever, Dr. Josephine Kasteler, Director of t11e Dept. of Gerontology, University of Utah, refuted this, saying the only significant difference lay in the fact that th-e- elderly are generally self sufficient. Othen'v'ise she claimed, the elderly have the same problerns and vulnerabilities :;onunued on page 10 a.s the handicapped . Salt Lake Voter -9- September I986 |
