Elwood City Zoning Code

RESIDENTIAL FACILITIES

FOR ELDERLY PERSONS AND PERSONS WITH A DISABILITY

§ 155.380 PURPOSE.

The purpose of this subchapter is to:

(A) Comply with UCA §§ 10-9a-516 through 10-9a-520; and

(B) Avoid discrimination in housing against persons with disabilities pursuant to the state’s Fair Housing Act and the Federal Fair Housing Act as interpreted by courts whose decisions are binding in the state.

(Ord. 2008-001, passed - -2008)

§ 155.381 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 chapter, the requirements of this subchapter shall govern the same notwithstanding any conflicting provision of this chapter or the city code. Except as provided herein, the requirements of this subchapter shall not be construed to prohibit or limit other applicable provisions of this chapter, the city code or other laws.

(Ord. 2008-001, passed - -2008)

§ 155.382 PERMITTED USES.

(A) Permitted uses. Notwithstanding any contrary provision of this chapter, 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 as a permitted or conditional use subject to the development standards in § 155.383.

(B) Termination. A use permitted by this subchapter 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;

(2) Any license or certification issued by the state’s 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 subchapter.

(Ord. 2008-001, passed - -2008) Penalty, see 155.999

§ 155.383 DEVELOPMENT STANDARDS.

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

(A) 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 zoning district in which the facility is located.

(B) No dangerous persons permitted. No facility shall be made available to an individual whose tendency 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) Provide to the city a copy of any license or certification required by the state’s Department of Health or the state’s Department of Human Services; and

(2) Certify in a sworn statement that no person will reside or remain in the facility whose tendency 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. 2008-001, passed - -2008) Penalty, see 155.999

§ 155.384 REASONABLE ACCOMMODATION REQUIRED.

(A) Reasonable accommodation required. None of the requirements of this subchapter 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 therefore to the Planning Commission and shall articulate in writing the nature of the required accommodation and the basis for the request.

(C) Decision. The Planning Commission shall render a decision on each application for a reasonable accommodation within 30 days of its receipt.

(D) Appeal. If a reasonable accommodation request is denied, the decision may be appealed to the Appeal Authority in the manner provided for appeals of administrative decisions set forth in this chapter.