Draper City Zoning Code

CHAPTER 38

RESIDENTIAL FACILITIES FOR ELDERLY PERSONS AND PERSONS WITH A DISABILITY

9-38-010: PURPOSE:

The purpose of this chapter is to:

A. Comply with Utah Code Annotated sections 10-9a-516 and 520; and

B. Avoid discrimination in housing against elderly persons or 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. (Ord. 838, 8-5-2008)

9-38-020: SCOPE:

If any facility, residence, congregate living or other housing arrangement meets the definition of a residential facility for elderly persons or 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 this code. Except as provided herein, the requirements of this chapter shall not be construed to prohibit or limit other applicable provisions of this title, this code or other laws. (Ord. 838, 8-5-2008)

9-38-030: PERMITTED USES:

A. Permitted Uses: Notwithstanding any contrary provision of this title, a residential facility for elderly persons and a residential facility for persons with a disability shall be permitted uses in any zone where a dwelling is allowed either as a permitted or conditional use, subject to the development standards in section 9-38-040 of this chapter.

B. Review Process: In order to evaluate the impact of the proposed facility and its similarity to the impact of a single- family dwelling occupied by a family, the following information must be submitted with the application:

1. A sufficiently detailed site plan, building plans and other information necessary to determine compliance with building safety and health regulations applicable to similar residential dwelling permitted in the zone.

2. Drawings depicting the elevation of all sides of the building.

3. Specific type of facility (as defined by state regulations) and by which agency it is regulated.

4. Number of residents, nonresident staff and expected number of visitors per day, along with hours and degree of supervision to be provided.

5. Location and number of similar facilities in the vicinity of the proposed facility.

C. Termination: A use permitted by this chapter is nontransferable and shall terminate if:

1. The facility is devoted to a use other than a residential facility for elderly persons or a residential facility for persons with a disability; or

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; or

3. The facility fails to comply with requirements set forth in this chapter. (Ord. 838, 8-5-2008)

9-38-040: DEVELOPMENT STANDARDS:

The development standards set forth in this section shall apply as follows:

A. Residential Facilities For Elderly Persons:

1. The facility shall comply with building, safety, and health regulations applicable to similar structures.

2. The facility must be able to be used as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character.

3. Adequate off street parking shall be provided. Parking in addition to the stalls typical for a single-family home must be screened from public view.

4. No person who is being treated for alcoholism or drug abuse may be placed in a residential facility for elderly persons.

B. Residential Facilities For Persons With A Disability:

1. The facility shall comply with all building, safety and health regulations applicable to similar structures.

2. The facility must be able to be used as a residential facility for persons with a disability without fundamental alterations that would change the structure's residential character or negatively impact the character of the immediate neighborhood.

3. The facility shall be limited to eight (8) occupants, exclusive of staff.

4. If the facility is housing persons whose disability is substance abuse related and is located within five hundred feet (500') of a school, a security plan satisfactory to local law enforcement officials must be submitted and include twenty four (24) hour supervision of residents and other twenty four (24) hour security measures.

C. No Dangerous Persons Permitted: No residential 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.

D. License And Certification: Prior to occupancy of any residential facility, the person or entity operating the facility shall:

1. 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

2. Certify in a sworn statement that no person will reside or remain in the facility whose tenancy would:

a. Constitute a direct threat to the health or safety of other individuals; or

b. Result in substantial physical damage to the property of others. (Ord. 838, 8-5-2008)

9-38-050: REASONABLE ACCOMMODATION:

A. Reasonable Accommodation Required: None of the requirements of this chapter shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a residential facility for persons with a disability.

B. Application: Any person or entity wanting a reasonable accommodation shall make application to the zoning administrator and shall articulate in writing the nature of the requested accommodation and the basis for the request.

C. Decision: The zoning administrator shall render a decision on each application for a reasonable accommodation within thirty (30) days. The decision shall be based on evidence of record demonstrating:

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 likely will be denied an equal opportunity to enjoy housing of their choice; and

3. That equal results will be achieved as between the person with a disability requesting the accommodation and a nondisabled person.

D. Appeal: If a reasonable accommodation request is denied, the decision may be appealed to the hearing officer in the manner provided for appeals of administrative decisions set forth in this title. (Ord. 838, 8-5-2008)