Cedar City City Zoning Code

ARTICLE 26

XV CONGREGATE LIVING FACILITIES

Section 26-XV-1 Definitions

The following definitions shall apply to all sections of Cedar City zoning ordinance and shall supersede any other definition contained in the Cedar City Zoning Ordinance (Section 26):
1. Adult Daycare Facility: An adult daycare facility means any building or structure furnishing care, supervision, and guidance for three (3) or more adults unaccompanied by guardian for periods of less than twenty-four hours per day.
2. Assisted Living Facility: An assisted living facility is a residential facility, licensed by the State of Utah, with a home like setting that provides an array of coordinated support of personnel and health care services, available 24-hours per day, to residents who have been assessed under the Utah Department of Health or the Utah Department of Human Services Rules to need any of these services. Each resident shall have a service plan based on the assessment, which may include:
  1. specified services of intermediate nursing care;
  2. administration of medication, and;
  3. support services promoting residence independence and self-sufficiency. Such a facility does not include adult day care provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.
3. Boarder: Boarder means a person living in a rented room in a boarding house. The boarding house operator or member of his or her immediate family who reside on the premises with the operator, shall not be considered to be a boarder.
4. Boarding House: A boarding house is a building or a portion thereof where, for compensation, rooms are rented together with meals for not more than fifteen (15) boarders who generally do not directly utilize kitchen facilities. The operator of a boarding house must reside on the premises of the boarding house. The work shall include compensation in money, services, or other things of value. A boarding house does not include a residential facility for disable persons or a residential facility for the elderly. A boarding house does not include a non-residential facility, such as a rehabilitation/treatment facility, where the primary purpose of the facility is to deliver rehabilitation, treatment, counseling, medical, protective or other similar services to the occupants.
5. Building, Public: For purposes of this section only, a public building is a building owned and operated, or owned and intended to be operated by the City, a public agency of the United States of America, the State of Utah, or any of its political subdivisions. The use of a public building, with immunity, is non-transferrable and terminates if the structure is devoted to a use other than as a public building with immunity. A public building referred to as with immunity under the provisions of this title includes:
  1. properties owned by the State of Utah or the United States Government which are outside of the jurisdiction of the City zoning authority as provided under Title 9, Chapter 10, Section 105, Utah Code Annotated, 1953 as amended; and
  2. the ownership or use of a building which is immune from the City zoning authority under the supremacy clause of the United States Constitution.
6. Community Correctional Facility: Community correctional facility means a facility licensed or contracted by the State of Utah to provide temporary occupancy for previously incarcerated persons which assists such persons in making a transition from a correctional institution environment to independent living.
7. Correctional Institution: A correctional institution means a prison, jail, juvenile detention facility, or juvenile secure facility.
8. Disability: A disability means a physical or mental impairments 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. The following definitions are incorporated into the definition of disability, to wit:
  1. disability does not include current illegal use of, or addiction to, any federally controlled substance as defined in Section 102 of the Controlled Substances Act, 21 u.f.c. 802, or as defined under Title 58, Chapter 37, Utah Code Annotated, 1953 as amended;
  2. a physical or mental impairment includes the following, to wit:
    1. Any psychological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular, reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
    2. Any mental or physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; or
    3. Such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus, (HIV), mental retardation, emotional illness, drug addiction, (other than addiction caused by current, illegal use of controlled substances) and alcoholism.
9. Domestic Staff: Domestic staff means persons employed or residing on the premises of a dwelling or other residential facility to perform domestic services or to assist residents in performing major life activities.
10. Dwelling: A dwelling means any building or portion thereof containing one or more dwelling units occupied as or designated or intended for occupancy as a residence by one or more families.
11. Dwelling, Multiple Family: A multiple family dwelling means any building arranged or designed to include three (3) or more dwelling units, each to be occupied by one (1) family.
12. Dwelling, Single Family: Single family dwelling means any building arranged or designed to include only one (1) dwelling unit.
13. Dwelling, Two Family/Duplex: Two family dwelling (duplex) means a building arranged or designed to include two (2) dwelling units, each to be occupied by one (1) family.
14. Dwelling Unit: Dwelling unit means any building or portion thereof designated, occupied, or intended as a residence for a family with complete and independent facilities for living, sleeping, eating, cooking and sanitation.
15. Educational Institution: Educational institution means any elementary or secondary school, seminary, parochial school or private educational institution having a curriculum similar to that ordinary given in grades 1 thru 12 in public school systems. The term educational institution for the purpose of this title does not include post high school educational facilities or educational facilities which include residential facilities for its students.
16. Educational Institution with Housing: Educational institution with housing means a public or private educational institution with residential facilities or housing for its students and or staff.
17. Elderly Person: Elderly person means a person who is 60 years or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.
18. Family: Family means one or more persons related by blood, marriage, adoption, or guardianship, or a group of not more than four (4) unrelated persons living together as a single nonprofit housekeeping unit, together with any incidental domestic staff who may or may not reside on the premises. “Family” does not exclude the care of foster children.
19. Fraternity or Sorority House: A fraternity or sorority house means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university or other recognized institution of higher learning who are associated together in a fraternity or sorority that is officially recognized by such institution and who receives lodging and/or meals on the premises for compensation.
20. Hospital: Hospital means an institution licensed by the State of Utah which provides diagnostic, therapeutic, and rehabilitative services to individuals on both an inpatient and outpatient basis by or under the supervision of one or more physicians. A medical clinic or professional office which offers any in-patient or overnight care, or operates on a 24-hour basis shall be considered to be a hospital. A hospital may include necessary support service facilities such as laboratories, out-patient units and training and central services, together with staff offices necessary to operate the hospital.
21. Hotel: A hotel is a building designed for or occupied as the more or less temporary abiding place of individuals who are, for compensation lodged with or without meals.
22. Jail: Jail means a place of incarceration owned and operated by the County.
23. Juvenile Detention Facility: Juvenile detention facility means a place of temporary detention for delinquent juveniles, which either is owned or operated by the State of Utah or is under contract with the State of Utah.
24. Juvenile Secure Facility: Juvenile secure facility means a place of incarceration for delinquent juveniles which is either owned or operated by the State of Utah or is under contract with the State of Utah.
25. Major Life Activities: Major life activities mean functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
26. Non-Residential Treatment Facility: Non-Residential Treatment Facility is a facility wherein no persons will be housed on an overnight basis, and provides services including rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol abuse, drug abuse, sexual offenders, sexual abuse, or mental health. Associated educational services may also be provided to juvenile occupants.
27. Nursing Home: Nursing home means an intermediate care/nursing facility or a skilled nursing facility licensed by the State of Utah, for the care of individuals who, due to illness, advance stage, disability, or impairment require assistance and/or supervision on a 24-hour per day basis. Such a facility does not include an adult day care facility or adult day care provider in conjunction with residential facilities for elderly persons or a residential facility for persons with a disability.
28. Prison: Prison means a place of incarceration owned or operated by the State of Utah.
29. Private Prisons: Private prison means a correctional facility established or operated under a contract with the State of Utah under the provisions of the Private Correctional Facilities Act, Chapter 13C, Title 64, Utah Code Annotated, 1953 as amended.
30. Private Jail: Private jail means a place of incarceration established or operated under a contract with the County.
31. Protective Housing Facility: Protective housing facility means a facility either (1) operated, licensed, or contracted by a governmental entity, or (2) operated by a charitable, non-profit organization, where no compensation, temporary, protective housing is provided to:
  1. Abused or neglected children waiting placement of foster care;
  2. Pregnant or parenting teens;
  3. Victims of sexual abuse; or
  4. Victims of domestic abuse.
32. Reasonable Accommodation: Reasonable accommodation means a change in any rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. The following words have the following definitions, to wit:
  1. Reasonable. Reasonable means a requested accommodation that will not undermine the legitimate purpose of existing zoning regulations notwithstanding the benefit that the accommodation will provide to a person with a disability.
  2. Necessary. Necessary means the applicant must show that, but for the accommodation one or more persons with a disability likely will be denied an equal opportunity to enjoy the housing of their choice.
  3. Equal Opportunity. Equal opportunity means achieving equal results as between a person with a disability and a non-disabled person.
33. Record of Impairment: Having a record of impairment means having a history of, or having been misclassified as having a mental or physical impairment that substantially limits one or more major life activities.
34. Regarded as Having an Impairment: A person is regarded as having an impairment when:
  1. the person has a physical or mental impairment that does not substantially limit one or more major life activity but is treated by another person as having such a limitation;
  2. has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others towards such an impairment; or
  3. has none of the impairments defined in this section but is treated by another person as having such an impairment.
35. Rehabilitation/Treatment Facility: Rehabilitation/treatment facility means a facility licensed or contracted by the State of Utah to provide temporary occupancy and supervision of individuals (adults and/or juveniles) in order to provide rehabilitation, treatment or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol abuse, drug abuse, sexual offenders, sexual abuse, or mental health. Associated educational services may also be provided to juvenile occupants.
36. Residential Facility for Elderly Persons: Residential facility for elderly persons means a dwelling unit that is occupied on a 24-hour per day basis by 8 or fewer elderly persons in a family type arrangement. A residential facility for elderly persons shall not include any of the following, to wit:
  1. a facility which is operated as a business; provided that such facility may not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs of preparation and maintenance of the facility;
  2. a facility where persons being treated for alcoholism or drug abuse are placed; 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; or a facility which is a health care facility as defined by Title 26, Section 21, Chapter 2, Utah Code Annotated, 1953 as amended; or a facility which is a residential facility for persons with a disability.
37. Residential Facility for Persons with a Disability: Residential facility for persons with a disability means any residence in which more than one person with a disability resides and which is:
  1. licensed or certified by the Department of Human Services under Title 62 A, Chapter 2, of the Utah Code, licensor for programs and facilities; or
  2. licensed or certified by the Department of Human Health under Title 26, Chapter 21, Health Care Facilities Licensing and Inspection Act.
38. Residents, Residential Facility: A resident, residential facility means any building or portion thereof where an individual is actually living at a given point and time and intends to remain, and not a place of temporary sojourn or transient visit.
39. Retirement Home: Retirement home means a residential facility designated, occupied, and intending for residents fifty (50) years of age or older where common facilities for cooking and dining are available to all residents in independent facilities are provided for living, sleeping and sanitation.
40. Sheltered Workshop: Sheltered workshop means an onsite supervised educational or vocational training facility for persons with a disability and does not provide any residential facilities.
41. Shelter for the Homeless: Shelter for the homeless means charitable lodging or sleeping rooms provided on a temporary basis (usually on a daily basis) to those members of society lacking other safe, sanitary or affordable shelter. A shelter for the homeless may also include kitchen and cafeteria facilities.
42. Trade or Vocational School: Trade or vocational school means a post high school educational or vocational training facility.
43. Transitional Housing Facility: Transitional housing facility means a facility owned, operated or contracted by a governmental entity or a charitable, not for profit organization, where, for no compensation, temporary housing (usually three to twenty-four months, but in no event less than thirty days) is provided to homeless persons, while they obtain work, job skills, or otherwise take steps to stabilize their circumstances. A transitional housing facility shall not include a shelter for the homeless, a dwelling unit provided to a family for the exclusive use as part of a transitional housing program, for more than thirty days, shall not be considered to be a transitional housing facility.

Section 26-XV-2 Residential Facilities For Persons With A Disability

Applicability: This section shall be deemed to govern any facility, residence, or other circumstance that meets the definition of a residential facility as set forth in this ordinance, and the definition of a disabled person as set forth in this Ordinance for the requirements of this section shall govern the same notwithstanding any other provisions of Cedar City Ordinance.
Purpose: The purposes of this section are:
1. To comply with Title 10, Chapter 9, Section 605, Utah Code Annotated, 1953 as amended; and
2. To avoid discrimination and housing against persons with disabilities as provided in the Utah Fair Housing Act and the Fair Housing Amendments Act as interpreted by the Courts having jurisdiction over Cedar City.
A residential facility for persons with a disability shall be a permitted use in any zoning district where a dwelling is allowed. Each such facility shall conform to the following requirements:
1. The facility shall comply with all building, safety and health regulations, the American with Disabilities Act, fire regulations, and all applicable State core standards and licensing requirements, and any standards set forth in any contract with a state agency.
2. The following site development standards and parking standards shall be applicable:
  1. Each facility shall be subject to minimum site development standards applicable to a dwelling unit in the zone in which the facility is located; and
  2. The minimum number of parking spaces required shall be the same as the number required for a dwelling with similar occupancy density in the same zone.
3. No facility shall be made available to an individual who has demonstrated, as a resident, that they:
  1. Constitute a direct threat to the health or safety of other individuals; or
  2. Engage in conduct resulting in substantial physical damage to the property of others.
4. Prior to occupancy of the facility, the person or entity licensed or certified by the Department of Human Services or the Department of Health to establish and operate the facility shall:
  1. Provide a certified copy of such license to the City Recorder;
  2. Certify, in a sworn affidavit submitted with the application for a business license, compliance with the Americans with Disabilities Act;
  3. Certify, in a sworn affidavit submitted with the application for a business license, that no person will remain in the facility whose behavior has demonstrated a direct threat to the health or safety of other individuals, or whose behavior has resulted in substantial physical damage to the property of others.
5. The use permitted by this section is non-transferrable and shall terminate if:
  1. A facility is devoted to or used as other than a residential facility for persons with a disability; or
  2. The license or certification issued by the Department of Human Services or Department of Health terminates or is revoked; or
  3. The facility fails to comply with the conditions set forth in this section.
6. No residential facility for persons with a disability, licensed for the housing of persons shall be established or maintained within seven hundred (700) feet measured in a straight line between the closest property lines of the lots or parcels of the following facilities:
  1. Another residential facility for persons with a disability;
  2. A residential facility for elderly with more than five (5) elderly persons in a residence; or
  3. Any of the following facilities: Protective housing facility, transitional housing facility, assisted living facility or rehabilitation/treatment facility, a non-residential treatment facility, and elementary schools.
7. In a R-1 zone no residential facility for persons with a disability shall exceed four (4) residents, not including staff, or the family that owns the residence.
8. In a R-2 zone, no residential facility for persons with disabilities shall exceed eight (8) residents, not including staff, or the family that owns the residence.
9. In a R-3-16 or R-3-36 zone, no residential facility for persons with disabilities shall exceed twelve (12) residents, not including staff, or the family that owns the residence.
10. In a general commercial (GC) zone, no residential facility for persons with disabilities shall be allowed to exceed twelve (12) residents, not including staff.
11. In the downtown commercial (DC) zone and the central commercial (CC) zone, no residential facility for persons with disabilities shall exceed eight (8) residents, not including staff.
12. No residential facilities for persons with disabilities shall be permitted in the following zones: industrial and manufacturing I (I&M I); industrial and manufacturing II (I&M II); Neighborhood commercial (NC); and the highway services (HS) zone.
Reasonable Accommodations: None of the foregoing conditions shall be interpreted to limit reasonable accommodations necessary to allow the establishment or occupancy of a residential facility for person(s) with a disability.
1. Any person or entity who wishes to request a reasonable accommodation shall make application to the City Manager, or the City Manager’s designee. Said applications shall specifically articulate, in writing, the following:
  1. The name, mailing address, and phone number of the applicant;
  2. The nature and extent of the disability;
  3. An exact statement of the ordinance or policy from which the applicant needs a reasonable accommodation;
  4. The applicant’s proposed reasonable accommodations;
  5. A statement detailing why a reasonable accommodation is necessary; and
  6. The physical address of the property where the applicant intends on living.
2. When considering whether or not to grant a reasonable accommodation, the City Manager or the City Manager’s designee shall use the following factors:
  1. The zoning ordinance applicable to the property;
  2. The parking, traffic, and noise impact on the neighborhood if the reasonable accommodation is granted;
  3. Whether or not the accommodation will be an undue burden or expense to the City;
  4. The extent to which the accommodation will or will not benefit the applicant;
  5. The extent to which the accommodation will or will not benefit the community;
  6. Whether or not the accommodation fundamentally alters the City wide zoning ordinance;
  7. Has the applicant demonstrated that the accommodation will affirmatively enhance the applicant’s life, or ameliorate the effects of the applicant’s disability;
  8. Without the accommodation, is similar housing available in Cedar City for the applicant or group of applicants; and
  9. Given the scope of the accommodation requested, what is the impact on the immediate neighborhood.
3. Written findings and conclusions of the City Manager, or the City Manager’s designee, shall be sent to the applicant within thirty (30) days; and
4. If a request for a reasonable accommodation is denied, such decision may be appealed to the Board of Adjustments.

Section 26-XV-3 Residential Facilities For Elderly Persons

Purpose: The purpose of this code is to comply with Title 10, Chapter 9, Section 605, Utah Code Annotated, 1953 as amended.
“Residential facilities for elderly persons” shall comply with the following requirements:
1. The facility shall meet all applicable building codes, safety codes, zoning regulations, the Americans with Disabilities Act, and health ordinance applicable to similar dwellings;
2. Minimum site development standards shall be the same as those for a dwelling unit in the zone in which the facility is located;
3. The facility shall be capable of being used as a residential facility for elderly persons without structural or landscaping alterations that would change the structures residential character;
4. The use granted and permitted by this section is non-transferrable and terminates if the structure is devoted to any use other than as a residential facility for the elderly or if the structure fails to comply with the applicable health, safety and building codes; and
5. No residential facility for elderly persons which facility has more than five (5) elderly persons in residence shall be established or maintained within 700 feet measured in a straight line between the closest property lines of the lots or parcels of similar facilities, residential facilities for persons with disabilities protective housing facilities, transitional housing facilities, assisted living facilities, rehabilitation/treatment facilities, or a non-residential treatment facility.

Section 26-XV-4 Design Standards For Protective Housing, Rehabilitation/Treatment Facilities (Both Residential And Nonresidential), Transitional Housing, And Assisted Living Facilities

Any newly constructed, or remodeled, facility in a residential zone or immediately abutting a residential zone shall comply with the following design standards:
1. All setbacks shall be according to the requirements of the residential zone in which the facility sits, or if the facility is in a commercial zone abutting a residential zone the setbacks shall be those of the abutting residential zone;
2. All required or accessory parking areas shall be located either in the rear yard area of the lot, or behind the main building or garage;
3. Notwithstanding the maximum height restrictions of the individual residential zone. New building or additional buildings shall not exceed 110% of the average height of the closest dwellings on both sides of the proposed structure;
4. In order for new construction to reflect the design and character of the existing neighborhood the following standards shall be met:
  1. The roof design of the proposed structure or remodel roof shall be a pitched roof of the same slope as the most common roof slope of the homes on the side of the block which the building is proposed on; and
  2. The type of exterior materials shall be of traditional home finished materials of brick, siding, or stucco. The use of these materials shall be applied in such a manner as to blend in with the neighborhood where the building is located and not draw undue attention to the building because of the materials, their color and combination being uncharacteristic of the other buildings in the neighborhood.

Section 26-XV-5 Non-Residential Treatment Facilities

Non-residential treatment facilities shall be a permitted use in the general commercial (GC) zone, central commercial (CC) zone, and downtown commercial (DC) zone. In addition, they shall be permitted as a conditional use in R-3-16 and R-3-36. Non-Residential treatment facilities shall not be a permitted use in a R-1 zone or a R-2 zone. Each permitted facility shall conform to the following requirements:
1. The facility shall comply with all building, safety and health regulations, the American with Disabilities Act, fire regulations, and all applicable State core standards and licensing requirements, and any standards set forth in any contract with a state agency.
2. The following site development standards and parking standards shall be applicable:
  1. Each facility shall be subject to minimum site development standards applicable to a business in the zone in which the facility is located; and
  2. The minimum number of parking spaces required shall be the same as the number required for an office building with similar size, occupancy, and density in the same zone.
3. Prior to occupancy of the facility, the person or entity licensed or certified by the Department of human services or the Department of Health to establish and operate the facility shall:
  1. Provide a certified copy of such license with the City Recorder;
  2. Certify, in a sworn affidavit submitted with application for a business license, compliance with the Americans with Disabilities Act.
4. The use permitted by this section is non-transferrable and shall terminate if:
  1. A facility is devoted to or used as other than a residential facility for persons with a disability; or
  2. The license or certification issued by the Department of Human Services or Department of Health terminates or is revoked, or the facility fails to comply with the conditions set forth in this section.
5. No non-residential treatment facility shall be established or maintained within seven hundred (700) feet measured in a straight line between the closest property lines of the lots or parcels of the following facilities:
  1. A residential facility for persons with a disability;
  2. A residential facility for elderly with more than five (5) elderly persons in a residence; or
  3. Any of the following facilities: Protective housing facility, transitional housing facility, assisted living facility or rehabilitation/treatment facility, a non-residential treatment facility, and elementary schools.

Cedar City City Zoning Code

ARTICLE 26

XV CONGREGATE LIVING FACILITIES

Section 26-XV-1 Definitions

The following definitions shall apply to all sections of Cedar City zoning ordinance and shall supersede any other definition contained in the Cedar City Zoning Ordinance (Section 26):
1. Adult Daycare Facility: An adult daycare facility means any building or structure furnishing care, supervision, and guidance for three (3) or more adults unaccompanied by guardian for periods of less than twenty-four hours per day.
2. Assisted Living Facility: An assisted living facility is a residential facility, licensed by the State of Utah, with a home like setting that provides an array of coordinated support of personnel and health care services, available 24-hours per day, to residents who have been assessed under the Utah Department of Health or the Utah Department of Human Services Rules to need any of these services. Each resident shall have a service plan based on the assessment, which may include:
  1. specified services of intermediate nursing care;
  2. administration of medication, and;
  3. support services promoting residence independence and self-sufficiency. Such a facility does not include adult day care provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.
3. Boarder: Boarder means a person living in a rented room in a boarding house. The boarding house operator or member of his or her immediate family who reside on the premises with the operator, shall not be considered to be a boarder.
4. Boarding House: A boarding house is a building or a portion thereof where, for compensation, rooms are rented together with meals for not more than fifteen (15) boarders who generally do not directly utilize kitchen facilities. The operator of a boarding house must reside on the premises of the boarding house. The work shall include compensation in money, services, or other things of value. A boarding house does not include a residential facility for disable persons or a residential facility for the elderly. A boarding house does not include a non-residential facility, such as a rehabilitation/treatment facility, where the primary purpose of the facility is to deliver rehabilitation, treatment, counseling, medical, protective or other similar services to the occupants.
5. Building, Public: For purposes of this section only, a public building is a building owned and operated, or owned and intended to be operated by the City, a public agency of the United States of America, the State of Utah, or any of its political subdivisions. The use of a public building, with immunity, is non-transferrable and terminates if the structure is devoted to a use other than as a public building with immunity. A public building referred to as with immunity under the provisions of this title includes:
  1. properties owned by the State of Utah or the United States Government which are outside of the jurisdiction of the City zoning authority as provided under Title 9, Chapter 10, Section 105, Utah Code Annotated, 1953 as amended; and
  2. the ownership or use of a building which is immune from the City zoning authority under the supremacy clause of the United States Constitution.
6. Community Correctional Facility: Community correctional facility means a facility licensed or contracted by the State of Utah to provide temporary occupancy for previously incarcerated persons which assists such persons in making a transition from a correctional institution environment to independent living.
7. Correctional Institution: A correctional institution means a prison, jail, juvenile detention facility, or juvenile secure facility.
8. Disability: A disability means a physical or mental impairments 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. The following definitions are incorporated into the definition of disability, to wit:
  1. disability does not include current illegal use of, or addiction to, any federally controlled substance as defined in Section 102 of the Controlled Substances Act, 21 u.f.c. 802, or as defined under Title 58, Chapter 37, Utah Code Annotated, 1953 as amended;
  2. a physical or mental impairment includes the following, to wit:
    1. Any psychological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular, reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
    2. Any mental or physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; or
    3. Such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus, (HIV), mental retardation, emotional illness, drug addiction, (other than addiction caused by current, illegal use of controlled substances) and alcoholism.
9. Domestic Staff: Domestic staff means persons employed or residing on the premises of a dwelling or other residential facility to perform domestic services or to assist residents in performing major life activities.
10. Dwelling: A dwelling means any building or portion thereof containing one or more dwelling units occupied as or designated or intended for occupancy as a residence by one or more families.
11. Dwelling, Multiple Family: A multiple family dwelling means any building arranged or designed to include three (3) or more dwelling units, each to be occupied by one (1) family.
12. Dwelling, Single Family: Single family dwelling means any building arranged or designed to include only one (1) dwelling unit.
13. Dwelling, Two Family/Duplex: Two family dwelling (duplex) means a building arranged or designed to include two (2) dwelling units, each to be occupied by one (1) family.
14. Dwelling Unit: Dwelling unit means any building or portion thereof designated, occupied, or intended as a residence for a family with complete and independent facilities for living, sleeping, eating, cooking and sanitation.
15. Educational Institution: Educational institution means any elementary or secondary school, seminary, parochial school or private educational institution having a curriculum similar to that ordinary given in grades 1 thru 12 in public school systems. The term educational institution for the purpose of this title does not include post high school educational facilities or educational facilities which include residential facilities for its students.
16. Educational Institution with Housing: Educational institution with housing means a public or private educational institution with residential facilities or housing for its students and or staff.
17. Elderly Person: Elderly person means a person who is 60 years or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.
18. Family: Family means one or more persons related by blood, marriage, adoption, or guardianship, or a group of not more than four (4) unrelated persons living together as a single nonprofit housekeeping unit, together with any incidental domestic staff who may or may not reside on the premises. “Family” does not exclude the care of foster children.
19. Fraternity or Sorority House: A fraternity or sorority house means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university or other recognized institution of higher learning who are associated together in a fraternity or sorority that is officially recognized by such institution and who receives lodging and/or meals on the premises for compensation.
20. Hospital: Hospital means an institution licensed by the State of Utah which provides diagnostic, therapeutic, and rehabilitative services to individuals on both an inpatient and outpatient basis by or under the supervision of one or more physicians. A medical clinic or professional office which offers any in-patient or overnight care, or operates on a 24-hour basis shall be considered to be a hospital. A hospital may include necessary support service facilities such as laboratories, out-patient units and training and central services, together with staff offices necessary to operate the hospital.
21. Hotel: A hotel is a building designed for or occupied as the more or less temporary abiding place of individuals who are, for compensation lodged with or without meals.
22. Jail: Jail means a place of incarceration owned and operated by the County.
23. Juvenile Detention Facility: Juvenile detention facility means a place of temporary detention for delinquent juveniles, which either is owned or operated by the State of Utah or is under contract with the State of Utah.
24. Juvenile Secure Facility: Juvenile secure facility means a place of incarceration for delinquent juveniles which is either owned or operated by the State of Utah or is under contract with the State of Utah.
25. Major Life Activities: Major life activities mean functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
26. Non-Residential Treatment Facility: Non-Residential Treatment Facility is a facility wherein no persons will be housed on an overnight basis, and provides services including rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol abuse, drug abuse, sexual offenders, sexual abuse, or mental health. Associated educational services may also be provided to juvenile occupants.
27. Nursing Home: Nursing home means an intermediate care/nursing facility or a skilled nursing facility licensed by the State of Utah, for the care of individuals who, due to illness, advance stage, disability, or impairment require assistance and/or supervision on a 24-hour per day basis. Such a facility does not include an adult day care facility or adult day care provider in conjunction with residential facilities for elderly persons or a residential facility for persons with a disability.
28. Prison: Prison means a place of incarceration owned or operated by the State of Utah.
29. Private Prisons: Private prison means a correctional facility established or operated under a contract with the State of Utah under the provisions of the Private Correctional Facilities Act, Chapter 13C, Title 64, Utah Code Annotated, 1953 as amended.
30. Private Jail: Private jail means a place of incarceration established or operated under a contract with the County.
31. Protective Housing Facility: Protective housing facility means a facility either (1) operated, licensed, or contracted by a governmental entity, or (2) operated by a charitable, non-profit organization, where no compensation, temporary, protective housing is provided to:
  1. Abused or neglected children waiting placement of foster care;
  2. Pregnant or parenting teens;
  3. Victims of sexual abuse; or
  4. Victims of domestic abuse.
32. Reasonable Accommodation: Reasonable accommodation means a change in any rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. The following words have the following definitions, to wit:
  1. Reasonable. Reasonable means a requested accommodation that will not undermine the legitimate purpose of existing zoning regulations notwithstanding the benefit that the accommodation will provide to a person with a disability.
  2. Necessary. Necessary means the applicant must show that, but for the accommodation one or more persons with a disability likely will be denied an equal opportunity to enjoy the housing of their choice.
  3. Equal Opportunity. Equal opportunity means achieving equal results as between a person with a disability and a non-disabled person.
33. Record of Impairment: Having a record of impairment means having a history of, or having been misclassified as having a mental or physical impairment that substantially limits one or more major life activities.
34. Regarded as Having an Impairment: A person is regarded as having an impairment when:
  1. the person has a physical or mental impairment that does not substantially limit one or more major life activity but is treated by another person as having such a limitation;
  2. has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others towards such an impairment; or
  3. has none of the impairments defined in this section but is treated by another person as having such an impairment.
35. Rehabilitation/Treatment Facility: Rehabilitation/treatment facility means a facility licensed or contracted by the State of Utah to provide temporary occupancy and supervision of individuals (adults and/or juveniles) in order to provide rehabilitation, treatment or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol abuse, drug abuse, sexual offenders, sexual abuse, or mental health. Associated educational services may also be provided to juvenile occupants.
36. Residential Facility for Elderly Persons: Residential facility for elderly persons means a dwelling unit that is occupied on a 24-hour per day basis by 8 or fewer elderly persons in a family type arrangement. A residential facility for elderly persons shall not include any of the following, to wit:
  1. a facility which is operated as a business; provided that such facility may not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs of preparation and maintenance of the facility;
  2. a facility where persons being treated for alcoholism or drug abuse are placed; 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; or a facility which is a health care facility as defined by Title 26, Section 21, Chapter 2, Utah Code Annotated, 1953 as amended; or a facility which is a residential facility for persons with a disability.
37. Residential Facility for Persons with a Disability: Residential facility for persons with a disability means any residence in which more than one person with a disability resides and which is:
  1. licensed or certified by the Department of Human Services under Title 62 A, Chapter 2, of the Utah Code, licensor for programs and facilities; or
  2. licensed or certified by the Department of Human Health under Title 26, Chapter 21, Health Care Facilities Licensing and Inspection Act.
38. Residents, Residential Facility: A resident, residential facility means any building or portion thereof where an individual is actually living at a given point and time and intends to remain, and not a place of temporary sojourn or transient visit.
39. Retirement Home: Retirement home means a residential facility designated, occupied, and intending for residents fifty (50) years of age or older where common facilities for cooking and dining are available to all residents in independent facilities are provided for living, sleeping and sanitation.
40. Sheltered Workshop: Sheltered workshop means an onsite supervised educational or vocational training facility for persons with a disability and does not provide any residential facilities.
41. Shelter for the Homeless: Shelter for the homeless means charitable lodging or sleeping rooms provided on a temporary basis (usually on a daily basis) to those members of society lacking other safe, sanitary or affordable shelter. A shelter for the homeless may also include kitchen and cafeteria facilities.
42. Trade or Vocational School: Trade or vocational school means a post high school educational or vocational training facility.
43. Transitional Housing Facility: Transitional housing facility means a facility owned, operated or contracted by a governmental entity or a charitable, not for profit organization, where, for no compensation, temporary housing (usually three to twenty-four months, but in no event less than thirty days) is provided to homeless persons, while they obtain work, job skills, or otherwise take steps to stabilize their circumstances. A transitional housing facility shall not include a shelter for the homeless, a dwelling unit provided to a family for the exclusive use as part of a transitional housing program, for more than thirty days, shall not be considered to be a transitional housing facility.

Section 26-XV-2 Residential Facilities For Persons With A Disability

Applicability: This section shall be deemed to govern any facility, residence, or other circumstance that meets the definition of a residential facility as set forth in this ordinance, and the definition of a disabled person as set forth in this Ordinance for the requirements of this section shall govern the same notwithstanding any other provisions of Cedar City Ordinance.
Purpose: The purposes of this section are:
1. To comply with Title 10, Chapter 9, Section 605, Utah Code Annotated, 1953 as amended; and
2. To avoid discrimination and housing against persons with disabilities as provided in the Utah Fair Housing Act and the Fair Housing Amendments Act as interpreted by the Courts having jurisdiction over Cedar City.
A residential facility for persons with a disability shall be a permitted use in any zoning district where a dwelling is allowed. Each such facility shall conform to the following requirements:
1. The facility shall comply with all building, safety and health regulations, the American with Disabilities Act, fire regulations, and all applicable State core standards and licensing requirements, and any standards set forth in any contract with a state agency.
2. The following site development standards and parking standards shall be applicable:
  1. Each facility shall be subject to minimum site development standards applicable to a dwelling unit in the zone in which the facility is located; and
  2. The minimum number of parking spaces required shall be the same as the number required for a dwelling with similar occupancy density in the same zone.
3. No facility shall be made available to an individual who has demonstrated, as a resident, that they:
  1. Constitute a direct threat to the health or safety of other individuals; or
  2. Engage in conduct resulting in substantial physical damage to the property of others.
4. Prior to occupancy of the facility, the person or entity licensed or certified by the Department of Human Services or the Department of Health to establish and operate the facility shall:
  1. Provide a certified copy of such license to the City Recorder;
  2. Certify, in a sworn affidavit submitted with the application for a business license, compliance with the Americans with Disabilities Act;
  3. Certify, in a sworn affidavit submitted with the application for a business license, that no person will remain in the facility whose behavior has demonstrated a direct threat to the health or safety of other individuals, or whose behavior has resulted in substantial physical damage to the property of others.
5. The use permitted by this section is non-transferrable and shall terminate if:
  1. A facility is devoted to or used as other than a residential facility for persons with a disability; or
  2. The license or certification issued by the Department of Human Services or Department of Health terminates or is revoked; or
  3. The facility fails to comply with the conditions set forth in this section.
6. No residential facility for persons with a disability, licensed for the housing of persons shall be established or maintained within seven hundred (700) feet measured in a straight line between the closest property lines of the lots or parcels of the following facilities:
  1. Another residential facility for persons with a disability;
  2. A residential facility for elderly with more than five (5) elderly persons in a residence; or
  3. Any of the following facilities: Protective housing facility, transitional housing facility, assisted living facility or rehabilitation/treatment facility, a non-residential treatment facility, and elementary schools.
7. In a R-1 zone no residential facility for persons with a disability shall exceed four (4) residents, not including staff, or the family that owns the residence.
8. In a R-2 zone, no residential facility for persons with disabilities shall exceed eight (8) residents, not including staff, or the family that owns the residence.
9. In a R-3-16 or R-3-36 zone, no residential facility for persons with disabilities shall exceed twelve (12) residents, not including staff, or the family that owns the residence.
10. In a general commercial (GC) zone, no residential facility for persons with disabilities shall be allowed to exceed twelve (12) residents, not including staff.
11. In the downtown commercial (DC) zone and the central commercial (CC) zone, no residential facility for persons with disabilities shall exceed eight (8) residents, not including staff.
12. No residential facilities for persons with disabilities shall be permitted in the following zones: industrial and manufacturing I (I&M I); industrial and manufacturing II (I&M II); Neighborhood commercial (NC); and the highway services (HS) zone.
Reasonable Accommodations: None of the foregoing conditions shall be interpreted to limit reasonable accommodations necessary to allow the establishment or occupancy of a residential facility for person(s) with a disability.
1. Any person or entity who wishes to request a reasonable accommodation shall make application to the City Manager, or the City Manager’s designee. Said applications shall specifically articulate, in writing, the following:
  1. The name, mailing address, and phone number of the applicant;
  2. The nature and extent of the disability;
  3. An exact statement of the ordinance or policy from which the applicant needs a reasonable accommodation;
  4. The applicant’s proposed reasonable accommodations;
  5. A statement detailing why a reasonable accommodation is necessary; and
  6. The physical address of the property where the applicant intends on living.
2. When considering whether or not to grant a reasonable accommodation, the City Manager or the City Manager’s designee shall use the following factors:
  1. The zoning ordinance applicable to the property;
  2. The parking, traffic, and noise impact on the neighborhood if the reasonable accommodation is granted;
  3. Whether or not the accommodation will be an undue burden or expense to the City;
  4. The extent to which the accommodation will or will not benefit the applicant;
  5. The extent to which the accommodation will or will not benefit the community;
  6. Whether or not the accommodation fundamentally alters the City wide zoning ordinance;
  7. Has the applicant demonstrated that the accommodation will affirmatively enhance the applicant’s life, or ameliorate the effects of the applicant’s disability;
  8. Without the accommodation, is similar housing available in Cedar City for the applicant or group of applicants; and
  9. Given the scope of the accommodation requested, what is the impact on the immediate neighborhood.
3. Written findings and conclusions of the City Manager, or the City Manager’s designee, shall be sent to the applicant within thirty (30) days; and
4. If a request for a reasonable accommodation is denied, such decision may be appealed to the Board of Adjustments.

Section 26-XV-3 Residential Facilities For Elderly Persons

Purpose: The purpose of this code is to comply with Title 10, Chapter 9, Section 605, Utah Code Annotated, 1953 as amended.
“Residential facilities for elderly persons” shall comply with the following requirements:
1. The facility shall meet all applicable building codes, safety codes, zoning regulations, the Americans with Disabilities Act, and health ordinance applicable to similar dwellings;
2. Minimum site development standards shall be the same as those for a dwelling unit in the zone in which the facility is located;
3. The facility shall be capable of being used as a residential facility for elderly persons without structural or landscaping alterations that would change the structures residential character;
4. The use granted and permitted by this section is non-transferrable and terminates if the structure is devoted to any use other than as a residential facility for the elderly or if the structure fails to comply with the applicable health, safety and building codes; and
5. No residential facility for elderly persons which facility has more than five (5) elderly persons in residence shall be established or maintained within 700 feet measured in a straight line between the closest property lines of the lots or parcels of similar facilities, residential facilities for persons with disabilities protective housing facilities, transitional housing facilities, assisted living facilities, rehabilitation/treatment facilities, or a non-residential treatment facility.

Section 26-XV-4 Design Standards For Protective Housing, Rehabilitation/Treatment Facilities (Both Residential And Nonresidential), Transitional Housing, And Assisted Living Facilities

Any newly constructed, or remodeled, facility in a residential zone or immediately abutting a residential zone shall comply with the following design standards:
1. All setbacks shall be according to the requirements of the residential zone in which the facility sits, or if the facility is in a commercial zone abutting a residential zone the setbacks shall be those of the abutting residential zone;
2. All required or accessory parking areas shall be located either in the rear yard area of the lot, or behind the main building or garage;
3. Notwithstanding the maximum height restrictions of the individual residential zone. New building or additional buildings shall not exceed 110% of the average height of the closest dwellings on both sides of the proposed structure;
4. In order for new construction to reflect the design and character of the existing neighborhood the following standards shall be met:
  1. The roof design of the proposed structure or remodel roof shall be a pitched roof of the same slope as the most common roof slope of the homes on the side of the block which the building is proposed on; and
  2. The type of exterior materials shall be of traditional home finished materials of brick, siding, or stucco. The use of these materials shall be applied in such a manner as to blend in with the neighborhood where the building is located and not draw undue attention to the building because of the materials, their color and combination being uncharacteristic of the other buildings in the neighborhood.

Section 26-XV-5 Non-Residential Treatment Facilities

Non-residential treatment facilities shall be a permitted use in the general commercial (GC) zone, central commercial (CC) zone, and downtown commercial (DC) zone. In addition, they shall be permitted as a conditional use in R-3-16 and R-3-36. Non-Residential treatment facilities shall not be a permitted use in a R-1 zone or a R-2 zone. Each permitted facility shall conform to the following requirements:
1. The facility shall comply with all building, safety and health regulations, the American with Disabilities Act, fire regulations, and all applicable State core standards and licensing requirements, and any standards set forth in any contract with a state agency.
2. The following site development standards and parking standards shall be applicable:
  1. Each facility shall be subject to minimum site development standards applicable to a business in the zone in which the facility is located; and
  2. The minimum number of parking spaces required shall be the same as the number required for an office building with similar size, occupancy, and density in the same zone.
3. Prior to occupancy of the facility, the person or entity licensed or certified by the Department of human services or the Department of Health to establish and operate the facility shall:
  1. Provide a certified copy of such license with the City Recorder;
  2. Certify, in a sworn affidavit submitted with application for a business license, compliance with the Americans with Disabilities Act.
4. The use permitted by this section is non-transferrable and shall terminate if:
  1. A facility is devoted to or used as other than a residential facility for persons with a disability; or
  2. The license or certification issued by the Department of Human Services or Department of Health terminates or is revoked, or the facility fails to comply with the conditions set forth in this section.
5. No non-residential treatment facility shall be established or maintained within seven hundred (700) feet measured in a straight line between the closest property lines of the lots or parcels of the following facilities:
  1. A residential facility for persons with a disability;
  2. A residential facility for elderly with more than five (5) elderly persons in a residence; or
  3. Any of the following facilities: Protective housing facility, transitional housing facility, assisted living facility or rehabilitation/treatment facility, a non-residential treatment facility, and elementary schools.

Cedar City City Zoning Code

ARTICLE 26

XV CONGREGATE LIVING FACILITIES

Section 26-XV-1 Definitions

The following definitions shall apply to all sections of Cedar City zoning ordinance and shall supersede any other definition contained in the Cedar City Zoning Ordinance (Section 26):
1. Adult Daycare Facility: An adult daycare facility means any building or structure furnishing care, supervision, and guidance for three (3) or more adults unaccompanied by guardian for periods of less than twenty-four hours per day.
2. Assisted Living Facility: An assisted living facility is a residential facility, licensed by the State of Utah, with a home like setting that provides an array of coordinated support of personnel and health care services, available 24-hours per day, to residents who have been assessed under the Utah Department of Health or the Utah Department of Human Services Rules to need any of these services. Each resident shall have a service plan based on the assessment, which may include:
  1. specified services of intermediate nursing care;
  2. administration of medication, and;
  3. support services promoting residence independence and self-sufficiency. Such a facility does not include adult day care provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.
3. Boarder: Boarder means a person living in a rented room in a boarding house. The boarding house operator or member of his or her immediate family who reside on the premises with the operator, shall not be considered to be a boarder.
4. Boarding House: A boarding house is a building or a portion thereof where, for compensation, rooms are rented together with meals for not more than fifteen (15) boarders who generally do not directly utilize kitchen facilities. The operator of a boarding house must reside on the premises of the boarding house. The work shall include compensation in money, services, or other things of value. A boarding house does not include a residential facility for disable persons or a residential facility for the elderly. A boarding house does not include a non-residential facility, such as a rehabilitation/treatment facility, where the primary purpose of the facility is to deliver rehabilitation, treatment, counseling, medical, protective or other similar services to the occupants.
5. Building, Public: For purposes of this section only, a public building is a building owned and operated, or owned and intended to be operated by the City, a public agency of the United States of America, the State of Utah, or any of its political subdivisions. The use of a public building, with immunity, is non-transferrable and terminates if the structure is devoted to a use other than as a public building with immunity. A public building referred to as with immunity under the provisions of this title includes:
  1. properties owned by the State of Utah or the United States Government which are outside of the jurisdiction of the City zoning authority as provided under Title 9, Chapter 10, Section 105, Utah Code Annotated, 1953 as amended; and
  2. the ownership or use of a building which is immune from the City zoning authority under the supremacy clause of the United States Constitution.
6. Community Correctional Facility: Community correctional facility means a facility licensed or contracted by the State of Utah to provide temporary occupancy for previously incarcerated persons which assists such persons in making a transition from a correctional institution environment to independent living.
7. Correctional Institution: A correctional institution means a prison, jail, juvenile detention facility, or juvenile secure facility.
8. Disability: A disability means a physical or mental impairments 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. The following definitions are incorporated into the definition of disability, to wit:
  1. disability does not include current illegal use of, or addiction to, any federally controlled substance as defined in Section 102 of the Controlled Substances Act, 21 u.f.c. 802, or as defined under Title 58, Chapter 37, Utah Code Annotated, 1953 as amended;
  2. a physical or mental impairment includes the following, to wit:
    1. Any psychological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular, reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
    2. Any mental or physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; or
    3. Such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus, (HIV), mental retardation, emotional illness, drug addiction, (other than addiction caused by current, illegal use of controlled substances) and alcoholism.
9. Domestic Staff: Domestic staff means persons employed or residing on the premises of a dwelling or other residential facility to perform domestic services or to assist residents in performing major life activities.
10. Dwelling: A dwelling means any building or portion thereof containing one or more dwelling units occupied as or designated or intended for occupancy as a residence by one or more families.
11. Dwelling, Multiple Family: A multiple family dwelling means any building arranged or designed to include three (3) or more dwelling units, each to be occupied by one (1) family.
12. Dwelling, Single Family: Single family dwelling means any building arranged or designed to include only one (1) dwelling unit.
13. Dwelling, Two Family/Duplex: Two family dwelling (duplex) means a building arranged or designed to include two (2) dwelling units, each to be occupied by one (1) family.
14. Dwelling Unit: Dwelling unit means any building or portion thereof designated, occupied, or intended as a residence for a family with complete and independent facilities for living, sleeping, eating, cooking and sanitation.
15. Educational Institution: Educational institution means any elementary or secondary school, seminary, parochial school or private educational institution having a curriculum similar to that ordinary given in grades 1 thru 12 in public school systems. The term educational institution for the purpose of this title does not include post high school educational facilities or educational facilities which include residential facilities for its students.
16. Educational Institution with Housing: Educational institution with housing means a public or private educational institution with residential facilities or housing for its students and or staff.
17. Elderly Person: Elderly person means a person who is 60 years or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.
18. Family: Family means one or more persons related by blood, marriage, adoption, or guardianship, or a group of not more than four (4) unrelated persons living together as a single nonprofit housekeeping unit, together with any incidental domestic staff who may or may not reside on the premises. “Family” does not exclude the care of foster children.
19. Fraternity or Sorority House: A fraternity or sorority house means a building occupied by and maintained exclusively for students affiliated with an academic or professional college or university or other recognized institution of higher learning who are associated together in a fraternity or sorority that is officially recognized by such institution and who receives lodging and/or meals on the premises for compensation.
20. Hospital: Hospital means an institution licensed by the State of Utah which provides diagnostic, therapeutic, and rehabilitative services to individuals on both an inpatient and outpatient basis by or under the supervision of one or more physicians. A medical clinic or professional office which offers any in-patient or overnight care, or operates on a 24-hour basis shall be considered to be a hospital. A hospital may include necessary support service facilities such as laboratories, out-patient units and training and central services, together with staff offices necessary to operate the hospital.
21. Hotel: A hotel is a building designed for or occupied as the more or less temporary abiding place of individuals who are, for compensation lodged with or without meals.
22. Jail: Jail means a place of incarceration owned and operated by the County.
23. Juvenile Detention Facility: Juvenile detention facility means a place of temporary detention for delinquent juveniles, which either is owned or operated by the State of Utah or is under contract with the State of Utah.
24. Juvenile Secure Facility: Juvenile secure facility means a place of incarceration for delinquent juveniles which is either owned or operated by the State of Utah or is under contract with the State of Utah.
25. Major Life Activities: Major life activities mean functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
26. Non-Residential Treatment Facility: Non-Residential Treatment Facility is a facility wherein no persons will be housed on an overnight basis, and provides services including rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol abuse, drug abuse, sexual offenders, sexual abuse, or mental health. Associated educational services may also be provided to juvenile occupants.
27. Nursing Home: Nursing home means an intermediate care/nursing facility or a skilled nursing facility licensed by the State of Utah, for the care of individuals who, due to illness, advance stage, disability, or impairment require assistance and/or supervision on a 24-hour per day basis. Such a facility does not include an adult day care facility or adult day care provider in conjunction with residential facilities for elderly persons or a residential facility for persons with a disability.
28. Prison: Prison means a place of incarceration owned or operated by the State of Utah.
29. Private Prisons: Private prison means a correctional facility established or operated under a contract with the State of Utah under the provisions of the Private Correctional Facilities Act, Chapter 13C, Title 64, Utah Code Annotated, 1953 as amended.
30. Private Jail: Private jail means a place of incarceration established or operated under a contract with the County.
31. Protective Housing Facility: Protective housing facility means a facility either (1) operated, licensed, or contracted by a governmental entity, or (2) operated by a charitable, non-profit organization, where no compensation, temporary, protective housing is provided to:
  1. Abused or neglected children waiting placement of foster care;
  2. Pregnant or parenting teens;
  3. Victims of sexual abuse; or
  4. Victims of domestic abuse.
32. Reasonable Accommodation: Reasonable accommodation means a change in any rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. The following words have the following definitions, to wit:
  1. Reasonable. Reasonable means a requested accommodation that will not undermine the legitimate purpose of existing zoning regulations notwithstanding the benefit that the accommodation will provide to a person with a disability.
  2. Necessary. Necessary means the applicant must show that, but for the accommodation one or more persons with a disability likely will be denied an equal opportunity to enjoy the housing of their choice.
  3. Equal Opportunity. Equal opportunity means achieving equal results as between a person with a disability and a non-disabled person.
33. Record of Impairment: Having a record of impairment means having a history of, or having been misclassified as having a mental or physical impairment that substantially limits one or more major life activities.
34. Regarded as Having an Impairment: A person is regarded as having an impairment when:
  1. the person has a physical or mental impairment that does not substantially limit one or more major life activity but is treated by another person as having such a limitation;
  2. has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others towards such an impairment; or
  3. has none of the impairments defined in this section but is treated by another person as having such an impairment.
35. Rehabilitation/Treatment Facility: Rehabilitation/treatment facility means a facility licensed or contracted by the State of Utah to provide temporary occupancy and supervision of individuals (adults and/or juveniles) in order to provide rehabilitation, treatment or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol abuse, drug abuse, sexual offenders, sexual abuse, or mental health. Associated educational services may also be provided to juvenile occupants.
36. Residential Facility for Elderly Persons: Residential facility for elderly persons means a dwelling unit that is occupied on a 24-hour per day basis by 8 or fewer elderly persons in a family type arrangement. A residential facility for elderly persons shall not include any of the following, to wit:
  1. a facility which is operated as a business; provided that such facility may not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs of preparation and maintenance of the facility;
  2. a facility where persons being treated for alcoholism or drug abuse are placed; 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; or a facility which is a health care facility as defined by Title 26, Section 21, Chapter 2, Utah Code Annotated, 1953 as amended; or a facility which is a residential facility for persons with a disability.
37. Residential Facility for Persons with a Disability: Residential facility for persons with a disability means any residence in which more than one person with a disability resides and which is:
  1. licensed or certified by the Department of Human Services under Title 62 A, Chapter 2, of the Utah Code, licensor for programs and facilities; or
  2. licensed or certified by the Department of Human Health under Title 26, Chapter 21, Health Care Facilities Licensing and Inspection Act.
38. Residents, Residential Facility: A resident, residential facility means any building or portion thereof where an individual is actually living at a given point and time and intends to remain, and not a place of temporary sojourn or transient visit.
39. Retirement Home: Retirement home means a residential facility designated, occupied, and intending for residents fifty (50) years of age or older where common facilities for cooking and dining are available to all residents in independent facilities are provided for living, sleeping and sanitation.
40. Sheltered Workshop: Sheltered workshop means an onsite supervised educational or vocational training facility for persons with a disability and does not provide any residential facilities.
41. Shelter for the Homeless: Shelter for the homeless means charitable lodging or sleeping rooms provided on a temporary basis (usually on a daily basis) to those members of society lacking other safe, sanitary or affordable shelter. A shelter for the homeless may also include kitchen and cafeteria facilities.
42. Trade or Vocational School: Trade or vocational school means a post high school educational or vocational training facility.
43. Transitional Housing Facility: Transitional housing facility means a facility owned, operated or contracted by a governmental entity or a charitable, not for profit organization, where, for no compensation, temporary housing (usually three to twenty-four months, but in no event less than thirty days) is provided to homeless persons, while they obtain work, job skills, or otherwise take steps to stabilize their circumstances. A transitional housing facility shall not include a shelter for the homeless, a dwelling unit provided to a family for the exclusive use as part of a transitional housing program, for more than thirty days, shall not be considered to be a transitional housing facility.

Section 26-XV-2 Residential Facilities For Persons With A Disability

Applicability: This section shall be deemed to govern any facility, residence, or other circumstance that meets the definition of a residential facility as set forth in this ordinance, and the definition of a disabled person as set forth in this Ordinance for the requirements of this section shall govern the same notwithstanding any other provisions of Cedar City Ordinance.
Purpose: The purposes of this section are:
1. To comply with Title 10, Chapter 9, Section 605, Utah Code Annotated, 1953 as amended; and
2. To avoid discrimination and housing against persons with disabilities as provided in the Utah Fair Housing Act and the Fair Housing Amendments Act as interpreted by the Courts having jurisdiction over Cedar City.
A residential facility for persons with a disability shall be a permitted use in any zoning district where a dwelling is allowed. Each such facility shall conform to the following requirements:
1. The facility shall comply with all building, safety and health regulations, the American with Disabilities Act, fire regulations, and all applicable State core standards and licensing requirements, and any standards set forth in any contract with a state agency.
2. The following site development standards and parking standards shall be applicable:
  1. Each facility shall be subject to minimum site development standards applicable to a dwelling unit in the zone in which the facility is located; and
  2. The minimum number of parking spaces required shall be the same as the number required for a dwelling with similar occupancy density in the same zone.
3. No facility shall be made available to an individual who has demonstrated, as a resident, that they:
  1. Constitute a direct threat to the health or safety of other individuals; or
  2. Engage in conduct resulting in substantial physical damage to the property of others.
4. Prior to occupancy of the facility, the person or entity licensed or certified by the Department of Human Services or the Department of Health to establish and operate the facility shall:
  1. Provide a certified copy of such license to the City Recorder;
  2. Certify, in a sworn affidavit submitted with the application for a business license, compliance with the Americans with Disabilities Act;
  3. Certify, in a sworn affidavit submitted with the application for a business license, that no person will remain in the facility whose behavior has demonstrated a direct threat to the health or safety of other individuals, or whose behavior has resulted in substantial physical damage to the property of others.
5. The use permitted by this section is non-transferrable and shall terminate if:
  1. A facility is devoted to or used as other than a residential facility for persons with a disability; or
  2. The license or certification issued by the Department of Human Services or Department of Health terminates or is revoked; or
  3. The facility fails to comply with the conditions set forth in this section.
6. No residential facility for persons with a disability, licensed for the housing of persons shall be established or maintained within seven hundred (700) feet measured in a straight line between the closest property lines of the lots or parcels of the following facilities:
  1. Another residential facility for persons with a disability;
  2. A residential facility for elderly with more than five (5) elderly persons in a residence; or
  3. Any of the following facilities: Protective housing facility, transitional housing facility, assisted living facility or rehabilitation/treatment facility, a non-residential treatment facility, and elementary schools.
7. In a R-1 zone no residential facility for persons with a disability shall exceed four (4) residents, not including staff, or the family that owns the residence.
8. In a R-2 zone, no residential facility for persons with disabilities shall exceed eight (8) residents, not including staff, or the family that owns the residence.
9. In a R-3-16 or R-3-36 zone, no residential facility for persons with disabilities shall exceed twelve (12) residents, not including staff, or the family that owns the residence.
10. In a general commercial (GC) zone, no residential facility for persons with disabilities shall be allowed to exceed twelve (12) residents, not including staff.
11. In the downtown commercial (DC) zone and the central commercial (CC) zone, no residential facility for persons with disabilities shall exceed eight (8) residents, not including staff.
12. No residential facilities for persons with disabilities shall be permitted in the following zones: industrial and manufacturing I (I&M I); industrial and manufacturing II (I&M II); Neighborhood commercial (NC); and the highway services (HS) zone.
Reasonable Accommodations: None of the foregoing conditions shall be interpreted to limit reasonable accommodations necessary to allow the establishment or occupancy of a residential facility for person(s) with a disability.
1. Any person or entity who wishes to request a reasonable accommodation shall make application to the City Manager, or the City Manager’s designee. Said applications shall specifically articulate, in writing, the following:
  1. The name, mailing address, and phone number of the applicant;
  2. The nature and extent of the disability;
  3. An exact statement of the ordinance or policy from which the applicant needs a reasonable accommodation;
  4. The applicant’s proposed reasonable accommodations;
  5. A statement detailing why a reasonable accommodation is necessary; and
  6. The physical address of the property where the applicant intends on living.
2. When considering whether or not to grant a reasonable accommodation, the City Manager or the City Manager’s designee shall use the following factors:
  1. The zoning ordinance applicable to the property;
  2. The parking, traffic, and noise impact on the neighborhood if the reasonable accommodation is granted;
  3. Whether or not the accommodation will be an undue burden or expense to the City;
  4. The extent to which the accommodation will or will not benefit the applicant;
  5. The extent to which the accommodation will or will not benefit the community;
  6. Whether or not the accommodation fundamentally alters the City wide zoning ordinance;
  7. Has the applicant demonstrated that the accommodation will affirmatively enhance the applicant’s life, or ameliorate the effects of the applicant’s disability;
  8. Without the accommodation, is similar housing available in Cedar City for the applicant or group of applicants; and
  9. Given the scope of the accommodation requested, what is the impact on the immediate neighborhood.
3. Written findings and conclusions of the City Manager, or the City Manager’s designee, shall be sent to the applicant within thirty (30) days; and
4. If a request for a reasonable accommodation is denied, such decision may be appealed to the Board of Adjustments.

Section 26-XV-3 Residential Facilities For Elderly Persons

Purpose: The purpose of this code is to comply with Title 10, Chapter 9, Section 605, Utah Code Annotated, 1953 as amended.
“Residential facilities for elderly persons” shall comply with the following requirements:
1. The facility shall meet all applicable building codes, safety codes, zoning regulations, the Americans with Disabilities Act, and health ordinance applicable to similar dwellings;
2. Minimum site development standards shall be the same as those for a dwelling unit in the zone in which the facility is located;
3. The facility shall be capable of being used as a residential facility for elderly persons without structural or landscaping alterations that would change the structures residential character;
4. The use granted and permitted by this section is non-transferrable and terminates if the structure is devoted to any use other than as a residential facility for the elderly or if the structure fails to comply with the applicable health, safety and building codes; and
5. No residential facility for elderly persons which facility has more than five (5) elderly persons in residence shall be established or maintained within 700 feet measured in a straight line between the closest property lines of the lots or parcels of similar facilities, residential facilities for persons with disabilities protective housing facilities, transitional housing facilities, assisted living facilities, rehabilitation/treatment facilities, or a non-residential treatment facility.

Section 26-XV-4 Design Standards For Protective Housing, Rehabilitation/Treatment Facilities (Both Residential And Nonresidential), Transitional Housing, And Assisted Living Facilities

Any newly constructed, or remodeled, facility in a residential zone or immediately abutting a residential zone shall comply with the following design standards:
1. All setbacks shall be according to the requirements of the residential zone in which the facility sits, or if the facility is in a commercial zone abutting a residential zone the setbacks shall be those of the abutting residential zone;
2. All required or accessory parking areas shall be located either in the rear yard area of the lot, or behind the main building or garage;
3. Notwithstanding the maximum height restrictions of the individual residential zone. New building or additional buildings shall not exceed 110% of the average height of the closest dwellings on both sides of the proposed structure;
4. In order for new construction to reflect the design and character of the existing neighborhood the following standards shall be met:
  1. The roof design of the proposed structure or remodel roof shall be a pitched roof of the same slope as the most common roof slope of the homes on the side of the block which the building is proposed on; and
  2. The type of exterior materials shall be of traditional home finished materials of brick, siding, or stucco. The use of these materials shall be applied in such a manner as to blend in with the neighborhood where the building is located and not draw undue attention to the building because of the materials, their color and combination being uncharacteristic of the other buildings in the neighborhood.

Section 26-XV-5 Non-Residential Treatment Facilities

Non-residential treatment facilities shall be a permitted use in the general commercial (GC) zone, central commercial (CC) zone, and downtown commercial (DC) zone. In addition, they shall be permitted as a conditional use in R-3-16 and R-3-36. Non-Residential treatment facilities shall not be a permitted use in a R-1 zone or a R-2 zone. Each permitted facility shall conform to the following requirements:
1. The facility shall comply with all building, safety and health regulations, the American with Disabilities Act, fire regulations, and all applicable State core standards and licensing requirements, and any standards set forth in any contract with a state agency.
2. The following site development standards and parking standards shall be applicable:
  1. Each facility shall be subject to minimum site development standards applicable to a business in the zone in which the facility is located; and
  2. The minimum number of parking spaces required shall be the same as the number required for an office building with similar size, occupancy, and density in the same zone.
3. Prior to occupancy of the facility, the person or entity licensed or certified by the Department of human services or the Department of Health to establish and operate the facility shall:
  1. Provide a certified copy of such license with the City Recorder;
  2. Certify, in a sworn affidavit submitted with application for a business license, compliance with the Americans with Disabilities Act.
4. The use permitted by this section is non-transferrable and shall terminate if:
  1. A facility is devoted to or used as other than a residential facility for persons with a disability; or
  2. The license or certification issued by the Department of Human Services or Department of Health terminates or is revoked, or the facility fails to comply with the conditions set forth in this section.
5. No non-residential treatment facility shall be established or maintained within seven hundred (700) feet measured in a straight line between the closest property lines of the lots or parcels of the following facilities:
  1. A residential facility for persons with a disability;
  2. A residential facility for elderly with more than five (5) elderly persons in a residence; or
  3. Any of the following facilities: Protective housing facility, transitional housing facility, assisted living facility or rehabilitation/treatment facility, a non-residential treatment facility, and elementary schools.