Centerville City Zoning Code

The purpose of this Chapter is to comply with Utah Code § 10-20-610, and to avoid discrimination in housing against persons with disabilities pursuant to the Utah Fair Housing Act and the Federal Fair Housing Act as interpreted by courts whose decisions are binding in Utah.  

If any facility, residence, congregate living or other housing arrangement meets the definition of a residential facility for persons with a disability as set forth in this Title, the requirements of this Chapter shall govern the same notwithstanding any conflicting provision of this Title or the Centerville Municipal Code. The requirements of this Chapter shall not be construed to prohibit or limit other applicable provisions of this Title, the Centerville Municipal Code, or other laws.  Pursuant to Utah Code Ann. § 10-20-610, municipalities may only regulate a residential facility for persons with a disability to the extent allowed by:  (1) Title 57, Chapter 21, Utah Fair Housing Act, and applicable jurisprudence; (2) the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3601, et seq., and applicable jurisprudence; and (3) Section 504, Rehabilitation Act of 1973, and applicable jurisprudence.

1. Permitted Uses. Notwithstanding any contrary provision of this Title, a residential facility for persons with a disability shall be permitted uses in any zone where a dwelling is allowed as a permitted or conditional use subject to the development standards in CZC 12.65.050.
   
2. Termination. A use permitted by this Chapter is nontransferable and shall terminate if any of the following occur:
   
   1. A facility is devoted to a use other than a residential facility for persons with a disability.
      
   2. Any license or certification issued by the Utah Department of Health or the Department of Human Services for such facility terminates or is revoked.
      
   3. The facility fails to comply with requirements set forth in this Chapter.

The development standards set forth in this Section shall apply to any residential facility for persons with a disability.

1. Building, Safety and Health Regulations. The facility shall comply with building, safety, and health regulations applicable to similar structures.
   
   1. Each facility shall be subject to the same development standards applicable to similar structures located in the same zoning district in which the facility is located.
      
   2. The minimum number of parking spaces required for a facility shall be the same as for similar structures located in the same zone in which the facility is located.
      
2. Number of Occupants. Pursuant to the definition of "family" in CZC 12.12.040, not more than four unrelated persons shall occupy a residential facility for persons with a disability established in a dwelling unit unless a reasonable accommodation for a greater number of occupants is granted.
   
3. Separation Required. No residential facility for persons with a disability shall be established or maintained within 1,000 feet, measured in a straight line without regard to intervening structures or objects, from the property line of the facility to the closest property line of any of an assisted living facility, protective housing facility, rehabilitation/treatment facility, or transitional housing facility.
   
4. No Dangerous Persons Permitted. No facility shall be made available to an individual whose tenancy would:
   
   1. Constitute a direct threat to the health or safety of other individuals; or
      
   2. Result in substantial physical damage to the property of others.
      
5. License and Certification. Prior to occupancy of any facility, the person or entity operating the facility shall:
   
   1. Obtain a City business license, if required under applicable provisions of the Centerville Municipal Code;
      
   2. Provide to the City a copy of any license or certification required by the Utah State Department of Health or the Utah State Department of Human Services; and
      
   3. Certify in a sworn statement that no person will reside or remain in the facility whose tenancy would:
      
      1. Constitute a direct threat to the health or safety of other individuals; or
         
      2. Result in substantial physical damage to the property of others.

1. Reasonable Accommodation Required. None of the requirements of this Chapter shall be interpreted to limit a reasonable accommodation when an accommodation is necessary to afford persons with a disability an equal opportunity to use and enjoy a dwelling.
   
2. Application. Any person or entity wanting a reasonable accommodation shall make application therefor to the Zoning Administrator and shall state in writing the nature of the requested accommodation and the basis for the request.
   
3. Decision. The Planning Commission shall render a decision on each application for a reasonable accommodation within 60 days. The decision shall be based on evidence of record demonstrating all of the following:
   
   1. The requested accommodation will not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability.
      
   2. That but for the accommodation, one or more persons with a disability will be denied an equal opportunity to enjoy housing of their choice.
      
   3. That equal results will be achieved as between the person with a disability requesting the accommodation and a non-disabled person.
      
4. Appeal. Any person adversely affected by a final decision of the Zoning Administrator regarding a request for a reasonable accommodation may appeal that decision to the Board of Adjustment as provided in CZC 12.21.200.