The following definitions shall apply to all sections of this title and except as provided herein, shall supersede any other definition contained in this title:

ADULT DAYCARE FACILITY: Any building or structure furnishing care, supervision, and guidance for three (3) or more adults unaccompanied by guardians for periods of less than twenty four (24) hours per day.

ASSISTED LIVING FACILITY: A residential facility, licensed by the state of Utah, with a homelike setting that provides an array of coordinated support personnel and healthcare services, available twenty four (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:

   A.   Specified services of intermediate nursing care;

   B.   Administration of medication; and

   C.   Support services promoting resident's independence and self-sufficiency. Such a facility does not include adult daycare provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.

DISABILITY: A physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such a problem or being regarded as having such an impairment. The following definitions are incorporated into the definition of disability:

   A.   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 USC 802, or as defined under title 58, chapter 37, Utah Code Annotated, 1953, as amended;

   B.   A physical or mental impairment includes the following:

      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.

DOMESTIC STAFF: 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.

ELDERLY PERSON: A person who is sixty (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.

FAMILY: One or more persons related by blood, marriage, adoption, or guardianship, and may also include three (3) additional unrelated individuals living with the family, such as domestic staff, living together as a single nonprofit housekeeping unit. "Family" does not exclude the care of foster children.

HOSPITAL: 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 inpatient or overnight care, or operates on a twenty four (24) hour basis shall be considered to be a hospital. A hospital may include necessary support service facilities such as laboratories, outpatient units and training and central services, together with staff offices necessary to operate the hospital.

MAJOR LIFE ACTIVITIES: Functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

NONRESIDENTIAL TREATMENT FACILITY: 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.

NURSING HOME: 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, advanced age, disability, or impairment require assistance and/or supervision on a twenty four (24) hour per day basis. Such a facility does not include an adult daycare facility or adult daycare provider in conjunction with residential facilities for elderly persons or a residential facility for persons with a disability.

PROTECTIVE HOUSING FACILITY: A facility either: a) operated, licensed, or contracted by a governmental entity, or b) operated by a charitable, nonprofit organization, where for no compensation, temporary, protective housing is provided to: a) abused or neglected children awaiting placement of foster care; b) pregnant or parenting teens; c) victims of sexual abuse; or d) victims of domestic abuse.

REASONABLE ACCOMMODATION: 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:

   A.   Reasonable: 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.

   B.   Necessary: 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.

   C.   Equal Opportunity: Achieving equal results as between a person with a disability and a nondisabled person.

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.

REGARDED AS HAVING IMPAIRMENT: A person is regarded as having an impairment when:

   A.   The person has a physical or mental impairment that does not substantially limit one or more major life activities but is treated by another person as having such a limitation;

   B.   The person has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such an impairment; or

   C.   The person has none of the impairments defined in this section but is treated by another person as having such an impairment.

REHABILITATION/TREATMENT FACILITY: 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.

RELATED: Related by blood, marriage or adoption within the definition of "family" means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in- law, son-in-law, daughter-in-law, grandparent, or grandchild, to include the half as well as the whole blood.

RESIDENCE, RESIDENTIAL FACILITY: 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.

RESIDENTIAL FACILITY FOR ELDERLY PERSONS: A dwelling unit that is occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement. A residential facility for elderly persons shall not include any of the following:

   A.   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;

   B.   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 healthcare facility as defined by title 26, chapter 21, section 2, Utah Code Annotated, 1953, as amended; or a facility which is a residential facility for persons with a disability.

RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: A residence in which more than one person with a disability resides and which is:

   A.   Licensed or certified by the department of human services under title 62A, chapter 2, of the Utah code, licensure of programs and facilities; or

   B.   Licensed or certified by the department of human health under title 26, chapter 21, health care facilities licensing and inspection act.

RETIREMENT HOME: A residential facility designated, occupied, and intended for residents fifty (50) years of age or older where common facilities for cooking and dining are available to all residents and independent facilities are provided for living, sleeping and sanitation.

SHELTER FOR THE HOMELESS: 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. (Ord. 2010-2, 1-28-2010)

   A.   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 chapter, and the definition of a disabled person as set forth in this chapter; the requirements of this section shall govern the same notwithstanding any other provisions of this code.

   B.   Purpose: The purposes of this section are:

      1.   To comply with title 10, chapter 9a, section 520, Utah Code Annotated, 1953, as amended; and

      2.   To avoid discrimination in housing against persons with disabilities as provided in the Utah fair housing act and the federal fair housing amendments act as interpreted by the courts having jurisdiction over the city of Ferron.

   C.   Permitted Use: 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 applicable building, safety and health regulations, the Americans 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. The facility shall also comply with the city's land use zoning provisions applicable to single-family dwellings for the zone in which it is to be located, except as may be modified by the provisions of this chapter.

      2.   The following site development standards and parking standards shall be applicable:

         a.   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

         b.   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, by prior behavior, actions and/or criminal convictions, or as a resident, that he or she:

         a.   May be determined to be or does constitute a direct threat or substantial risk to the health or safety of other individuals; or

         b.   Has or may 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:

         a.   Provide a certified copy of such license to the city recorder;

         b.   Certify, in a sworn affidavit submitted with the application for a business license, compliance with the Americans with disabilities act;

         c.   Certify, in a sworn affidavit submitted with the application for a business license, that no person will be placed or remain in the facility whose prior or current behavior, actions and/or criminal incidents or convictions, have demonstrated that such person is or may be a substantial risk or direct threat to the health or safety of other individuals, or whose said behavior, actions and/or incidents or convictions have resulted in or may result in substantial physical damage to the property of others. Such affidavit shall be supplemented and updated not less than one hundred fifty (150) days, nor more than one hundred ninety (190) days from the date of issuance of the business license and at the time of the application for renewal of the business license.

      5.   The use permitted by this section is nontransferable and shall terminate if:

         a.   A facility is devoted to or used as other than a residential facility for persons with a disability; or

         b.   The license or certification issued by the department of human services, department of health or any other applicable agency, terminates or is revoked; or

         c.   The facility fails to comply with the conditions set forth in this section.

      6.   Residential facilities for persons with disabilities that are substance abuse facilities and are located within five hundred feet (500') of a school, shall provide, in accordance with rules established by the department of human services under title 62A, chapter 2, licensure of program and facilities:

         a.   A security plan satisfactory to local law enforcement authorities;

         b.   Twenty four (24) hour supervision for residents; and

         c.   Other twenty four (24) hour security measures.

      7.   No residential facility for persons with disabilities shall be located within one thousand feet (1,000') of another such facility as measured from nearest property line of the existing facility to nearest property line of the proposed facility.

   D.   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 planning commission. Said applications shall specifically articulate, in writing, the following:

         a.   The name, mailing address, and phone number of the applicant;

         b.   The nature and extent of the disability;

         c.   An exact statement of the ordinance or policy from which the applicant needs a reasonable accommodation;

         d.   The applicant's proposed reasonable accommodations;

         e.   A statement detailing why a reasonable accommodation is necessary; and

         f.   The physical address of the property where the applicant intends on living;

      2.   When considering whether or not to grant a reasonable accommodation, the planning commission shall consider the following factors, among others deemed appropriate and applicable:

         a.   The zoning ordinance applicable to the property;

         b.   The parking, traffic, and noise impact on the neighborhood if the reasonable accommodation is granted;

         c.   Whether or not the accommodation will be an undue burden or expense to the city;

         d.   The extent to which the accommodation will or will not benefit the applicant;

         e.   The extent to which the accommodation will or will not benefit the community;

         f.   Whether or not the accommodation fundamentally alters the citywide zoning ordinance and whether or not the accommodation would likely create a fundamental change in the character of a residential neighborhood;

         g.   Whether or not the applicant has demonstrated that the accommodation will affirmatively enhance the applicant's life, or ameliorate the effects of the applicant's disability, or the lives or disabilities on whose behalf the entity is applying;

         h.   Whether or not, without the accommodation, similar housing is available in the city of Ferron for the applicant or group of applicants;

         i.   Given the scope of the accommodation requested, what is the impact on the immediate neighborhood; and

         j.   The requirements of applicable federal and state laws and regulations;

      3.   Written findings and conclusions of the planning commission shall be sent to the applicant within thirty (30) days after the decision by the city council; and

      4.   If a request for a reasonable accommodation is denied, such decision may be appealed to the city council. (Ord. 2010-2, 1-28-2010)

   A.   Purpose: The purpose of this section is to comply with title 10, chapter 9a, sections 516 through 519, Utah Code Annotated, 1953, as amended.

   B.   Compliance: "Residential facilities for elderly persons" shall comply with all requirements of sections 10-9a-516 through 519, Utah Code Annotated, and also 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 single-family or similar dwellings; except as may be modified by the provisions of this chapter;

      2.   No facility shall be made available to an individual who has demonstrated, by prior behavior, actions and/or criminal convictions, or as a resident, that he or she:

         a.   May be determined to be or does constitute a substantial risk or direct threat to the health or safety of other individuals; or

         b.   Has or may engage in conduct resulting in substantial physical damage to the property of others;

      3.   Minimum site development standards shall be the same as those for a dwelling unit in the zone in which the facility is located;

      4.   The facility shall be capable of being used as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character;

      5.   The use granted and permitted by this section is nontransferable 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, zoning and building codes;

      6.   No residential facility for elderly persons which facility has more than five (5) elderly persons in residence shall be established or maintained within three-fourths (3/4) of a mile 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 nonresidential treatment facility. (Ord. 2010-2, 1-28-2010)

   A.   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.   In addition to the maximum height restrictions of the individual residential zone, new building or additional buildings shall not exceed one hundred ten percent (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:

         a.   The roof design of the proposed structure or remodel shall be a pitched roof of the same slope as the most common roof slope of the homes on the side of the block on which the building is proposed; and

         b.   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;

      5.   No facility shall be made available to an individual who has demonstrated, by prior behavior, actions and/or criminal convictions, or as a resident, that he or she:

         a.   May be determined to be or does constitute a substantial risk or direct threat to the health or safety of other individuals; or

         b.   Has or may engage in conduct resulting in substantial physical damage to the property of others;

      6.   To the extent similar requirements to any contained in this section are contained in the specific zone in which any facility referred to herein may be located, the more restrictive provisions shall apply, and the requirements stated herein shall be considered to be in addition to presently existing zoning regulations. (Ord. 2010-2, 1-28-2010)

   A.   Nonresidential treatment facilities shall not be built within the city of Ferron except as specifically allowed as a permitted or conditional use by proper designation in a zone or zones in this title. Each permitted facility, or facility allowed as a conditional use, shall conform to the following requirements:

      1.   The facility shall comply with all building, safety, zoning and health regulations, the Americans 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:

         a.   Each facility shall be subject to minimum site development standards applicable to a business in the zone in which the facility may be located; and

         b.   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:

         a.   Provide a certified copy of such license with the city recorder;

         b.   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 nontransferable and shall terminate if:

         a.   A facility is devoted to or used as other than a nonresidential facility; or

         b.   The license or certification issued by the department of human services, department of health or any other applicable agency, terminates or is revoked, or the facility fails to comply with the conditions set forth in this section.

      5.   No nonresidential treatment facility shall be established or maintained within seven hundred feet (700') measured in a straight line between the closest property lines of the lots or parcels of the following facilities:

         a.   A residential facility for persons with a disability;

         b.   A residential facility for elderly with more than five (5) elderly persons in a residence; or

         c.   Any of the following facilities: protective housing facility, transitional housing facility, assisted living facility or rehabilitation/treatment facility, a nonresidential treatment facility, and elementary schools.

      6.   No facility shall be made available to an individual who has demonstrated, by prior behavior, actions and/or criminal convictions, or as a resident, that he or she:

         a.   May be determined to be or does constitute a direct threat or substantial risk to the health or safety of other individuals; or

         b.   Has or may engage in conduct resulting in substantial physical damage to the property of others.

      7.   To the extent similar requirements to any contained in this section are contained in the specific zone in which any facility referred to herein may be located, the more restrictive provisions shall apply, and the requirements stated herein shall be considered to be in addition to presently existing zoning regulations. (Ord. 2010-2, 1-28-2010)

   A.   Only such uses and facilities as are specifically authorized in this chapter and in this title as permitted or conditional uses shall be allowed. All other uses and facilities are prohibited. (Ord. 2010-2, 1-28-2010)