1. Disability means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such a problem or being regarded as having such an impairment.
   1. Disability does not include current illegal use of, and/or resulting addiction to, any federally controlled substance as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802, or as defied under Utah Code Ann. Title 58, Chapter 37, as amended;
   2. Disabled or disability does not mean an impairment or limitation resulting from or related to kleptomania, pyromania, or any sexually related addiction or disorder, including but not limited to, sex and pornography addictions, pedophilia, exhibitionism, voyeurism, or any other sexual behavior disorder.
2. Elderly means a person who is sixty years or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.
3. Reasonable accommodation means a change in any rule, policy, practice, or service necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling.
4. Residential facility, when not used in specific context in relation to a particular type of facility, means residential facility for elderly persons and/or residential facility for persons with a disability.
5. Residential facility business license means a business license issued pursuant to this Chapter.
6. Residential facility for elderly persons means a residential facility in which four, but not more than eight, unrelated elderly individuals reside in a family-type arrangement or in a care facility arrangement and have live-in care providers who are paid to assist and care for the residents.
   1. Residential facility for elderly persons shall not include any of the following:
      1. A facility where persons being treated for alcoholism or drug abuse are placed;
      2. A facility where placement is not on a strictly voluntary basis or where placement is part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution;
      3. A facility which is a healthcare facility as defined by Utah Code Ann. 26-21-2, as amended; or
      4. A facility which is a residential facility for persons with a disability.
7. Residential facility for persons with a disability means a residential facility in which no more than eight unrelated individuals, exclusive of staff, who have a disability reside and:
   1. Where treatment services for disabilities are provided to residents such as counseling, therapy, group support and rehabilitation therapies; and
   2. Is licensed or certified by the department of human services under Utah Code Annotated Title 62A, Chapter 2, Licensure of Programs and Facilities; or
   3. Is licensed by the department of health under Utah Code Annotated Title 26, Chapter 21, the Health Care Facility Licensing and Inspection Act.
8. Zone clearance officer means the city's zone clearance officer as defined by City Code 17.2.400, or the officer's designee (such as the city's planning commission).

(Ord. No. 2017-09-48, § 12, 9-12-2017)

A residential facility for elderly persons shall comply with all requirements of Utah Code Ann. 10-9a-516 through 519, as well as the following:

1. The facility shall be a conditional use in all residential zones and requires site plan approval by the zone clearance officer.
2. The facility shall meet all applicable building codes, safety codes, zoning regulations, the Americans With Disabilities Act, and health ordinance applicable to single-family or similar dwellings; except as may be modified by the provisions of this Chapter.
3. The structure shall be capable of use as a residential facility for elderly persons, which includes being fully handicap accessible, without structural or landscaping alterations that would change the residential character of the structure. A site plan must be submitted showing any alteration of the structure or landscaping. Any alterations to the structure or landscaping must be approved by the zone clearance officer and the building department, if necessary, before a permit is issued.
4. No residential facility for elderly persons shall exceed eight residents, excluding the house family.
5. Occupancy of the structure shall be such that each resident is provided adequate personal space. A residential facility shall ensure that each bedroom space in the facility has a floor area, exclusive of closet space, of at least sixty square feet per occupant in a multiple occupant bedroom and eighty square feet in a single occupant bedroom. Storage space shall not be counted. Live in staff shall have a separate living space with a private bathroom.
6. The facility shall provide a space to serve as an administrative office for records, secretarial work and bookkeeping.
7. The facility shall meet the standard parking requirements for the zone in which it is located. However, a minimum of three off-street parking spaces shall be provided at the facility even if the standard parking requirements for the zone in which the facility is constructed would require fewer spaces for another use in that zone.
8. No portion of the facility's front and side yard setbacks shall be used to provide parking spaces as required by this section.
9. No residential facility for elderly persons shall be established or maintained within three-fourths mile of another residential facility for elderly persons or a residential facility for persons with a disability.
10. No residential facility for elderly persons shall be permitted in any zones that do not allow for residential use as a permitted or conditional use.
11. The facility shall comply with all applicable state and federal laws, included laws related to access.

(Ord. No. 2017-09-48, § 12, 9-12-2017)

1. Residential facilities for persons with a disability shall be a conditional use in all residential zones and requires site plan approval by the zone clearance officer.
2. The facility shall meet all applicable building codes, safety codes, zoning regulations, the Americans With Disabilities Act, and health ordinance applicable to single-family or similar dwellings; except as may be modified by the provisions of this Chapter.
3. The structure shall be capable of use as a residential facility for persons with a disability, which includes being fully handicap accessible, without structural or landscaping alterations that would change the residential character of the structure. A site plan must be submitted showing any alteration of the structure or landscaping. Any alterations to the structure or landscaping must be approved by the zone clearance officer and the building department, if necessary, before a permit is issued.
4. No residential facility for persons with disabilities shall exceed eight residents, excluding the house family.
5. Occupancy of the structure shall be such that each resident is provided adequate personal space. A residential facility shall ensure that each bedroom space in the facility has a floor area, exclusive of closet space, of at least sixty square feet per occupant in a multiple occupant bedroom and eighty square feet in a single occupant bedroom. Storage space shall not be counted. Live in staff shall have a separate living space with a private bathroom.
6. The facility shall provide a space to serve as an administrative office for records, secretarial work and bookkeeping.
7. The facility shall meet the standard parking requirements for the zone in which it is located. However, a minimum of three off-street parking spaces shall be provided at the facility even if the standard parking requirements for the zone in which the facility is constructed would require fewer spaces for another use in that zone.
8. No portion of the facility's front and side yard setbacks shall be used to provide parking spaces as required by this section.
9. No residential facility for elderly persons shall be established or maintained within three-fourths mile of another residential facility for elderly persons or a residential facility for persons with a disability.
10. No residential facility for persons with disabilities shall be permitted in any zones that do not allow for residential use as a permitted or conditional use.
11. The facility shall comply with all applicable state and federal laws, included laws related to access.

(Ord. No. 2017-09-48, § 12, 9-12-2017)

1. An application for a new facility provided for in this Chapter shall include a site plan and all necessary documentation showing compliance with the applicable subsection under which the application is being submitted.
2. Upon determination of compliance with all of the applicable requirements, the application may be approved by the zone clearance officer. However, where in the opinion of the zone clearance officer, the information provided by the applicant is insufficient to show compliance with the requirements of this Chapter, the application may be denied.

(Ord. No. 2017-09-48, § 12, 9-12-2017)

An applicant who desires to request a reasonable accommodation from any of the requirements of this Chapter based on the Utah fair housing act, the fair housing amendments act of 1988 (42 USC section 3601 et seq.), and section 504 of the federal rehabilitation act of 1973 et seq., may make such a request to the zone clearance officer. A request for reasonable accommodation shall be in writing and shall be delivered to the zone clearance officer either in person or by certified U.S. mail.
A request for reasonable accommodation shall include the following:

1. The name, mailing address and phone number of the applicant;
2. The nature of the action for which reasonable accommodation is being sought;
3. The exact statement of the ordinance or policy from which the applicant needs a reasonable accommodation;
4. The proposed reasonable accommodation;
5. A statement explaining why a reasonable accommodation is necessary;
6. Provide evidence demonstrating the accommodation is reasonable and does not negate or negatively impact the purposes of this Chapter; and
7. The physical address of the property where the applicant requests the reasonable accommodation.
   The planning commission shall hold a hearing no later than twenty-eight days following city's receipt of the applicant's request for reasonable accommodation. Any decision of the planning commission may be made in writing (which must be provided no later than ten days after the hearing) or may be announced in the public meeting.

(Ord. No. 2017-09-48, § 12, 9-12-2017)

1. An applicant who is denied a site plan for a residential facility or a request for reasonable accommodation may appeal the decision to the city council.
2. The notice of appeal shall be in writing and shall be delivered to the city recorder either in person or by certified U.S. mail. A notice of appeal must be filed within ten business days of the person's receipt of notice of a denial of the permit or request for reasonable accommodation.
3. The notice of appeal shall identify the appellant and set forth the grounds for the appeal.
4. The city council shall hear the appeal as soon as the matter is practically placed upon the city council's agenda, which in no case shall exceed forty-five days. Any decision of the city council may be made in writing (which must be provided no later than ten days after the hearing) or may be announced in the public meeting.
5. Any appellant unsatisfied with the decision of the city council must file a civil action in any court of competent jurisdiction within thirty days of the announcement of the city council's decision. The time to file a civil action will commence upon the date the written decision is delivered or mailed by first class mail, or from the date the city council announces its decision in a public meeting.

(Ord. No. 2017-09-48, § 12, 9-12-2017)

If any provision of this chapter is declared invalid by a court of competent jurisdiction the remainder of this chapter shall not be affected.

(Ord. No. 2017-09-48, § 12, 9-12-2017)