The purpose of this chapter is to allow for the continuation of low density residential neighborhoods and to not encourage an over concentration of congregate living facilities that tends to create an "institutional" rather than a "residential" atmosphere in the applicable neighborhoods. Such purposes include:

   A.   Distinguishing between facilities providing residential services to the disabled or to the elderly and other congregate living facilities, such as youth homes;

   B.   Avoiding the institutionalization of residential neighborhoods and create an environment that will facilitate the "mainstreaming" of persons with disabilities and elderly persons into a "normalized" residential environment;

   C.   Providing an opportunity for congregate living facilities to be located within the City;

   D.   Establishing zoning uses, standards and practices which will not have the effect of discriminating against congregate living arrangements of unrelated people with disabilities or the elderly;

   E.   Enacting a separation requirement of at least one-fourth (1/4) mile that is necessary to provide the adequate mixture of residential housing types to meet the needs of maintaining a "normalized" residential environment, while still providing adequate alternatives for the establishment of such housing throughout the community. (Ord. 19-07, 9-3-2019)

   A.   Residential Facility For Disabled:

      1.   Defined: Residential facility for the disabled is defined as a facility that is occupied on a twenty four (24) hour per day basis in a family type arrangement under the supervision of a house family or manager, and that conforms to all applicable standards and requirements of and is licensed by the Utah Department of Human Services, Division of Services for People With Disabilities, and is operated by or under contract with that department. Such facilities are not residential treatment facilities and shall not include facilities for the following: secure treatment; inpatient treatment; residential treatment; adult daycare; day treatment; comprehensive mental health treatment; comprehensive substance abuse treatment; or domestic violence treatment.

      2.   Conditional Use Permit; Districts Permitted: A residential facility for persons with a disability requires a conditional use permit and is permitted only in Residential and Agricultural Zones. The application for a conditional use permit shall include sufficiently detailed site plans, building plans or remodeling plans, and all other information necessary to determine compliance with building, safety and health regulations and standards applicable to similar dwellings. Any alterations must be reviewed and recommended by the Planning Commission before a conditional use permit is approved. Additionally, the facility shall conform to all applicable Building, Fire, Health and Safety Codes and requirements for facilities of this type.

      3.   Applicability: A residential facility for persons with a disability is subject to this title, the standards contained herein and the exemptions in this chapter.

      4.   Residential Character Maintained: A residential facility for persons with a disability shall not have any structural or landscaping alterations that would change the structure's residential character.

      5.   Number Permitted: A residential facility for persons with a disability shall be limited to three (3) to five (5) persons unrelated to the owner or provider.

      6.   Distance To Similar Facility: A residential facility for persons with a disability shall not be located within a radius of one-fourth (1/4) mile of another existing congregate living facility inside or outside of the City limits.

   B.   Residential Facility For Elderly:

      1.   Defined: Residential facility for the elderly is defined as a facility that is occupied on a twenty four (24) hour per day basis in a family type arrangement under the supervision of a house family or manager, and that conforms to all applicable standards and requirements of and is licensed by the appropriate licensing department of the State and is operated by or under contract with that department. A residential facility for the elderly is not a residential treatment facility and shall not include facilities for the following: secure treatment; inpatient treatment; residential treatment; adult daycare; day treatment; comprehensive mental health treatment; comprehensive substance abuse treatment; or domestic violence treatment.

      2.   Conditional Use Permit; Districts Permitted: A residential facility for the elderly requires a conditional use permit and is permitted only in Residential and Agricultural Zones. The application for a conditional use permit shall include sufficiently detailed site plans, building plans or remodeling plans, and all other information necessary to determine compliance with building, safety and health regulations and standards applicable to similar dwellings. Any alterations must be reviewed and recommended by the Planning Commission before a conditional use permit is approved. Additionally, the facility shall conform to all applicable Building, Fire, Health and Safety Codes and requirements for facilities of this type.

      3.   Applicability: A residential facility for the elderly is subject to this title, the standards contained herein, and the exemptions in this chapter.

      4.   Residential Character Maintained: A residential facility for the elderly shall not have any structural or landscaping alterations that would change the structure's residential character.

      5.   Number Permitted: A residential facility for the elderly shall be limited to five (5) persons unrelated to the owner or provider.

      6.   Distance To Similar Facility: A residential facility for the elderly shall not be located within a radius of one-fourth (1/4) mile of another existing congregate living facility inside or outside of the City limits.

   C.   Youth Home:

      1.   Defined: Youth home is defined in section 10-2-1 of this title.

      2.   Conditional Use Permit; Districts Permitted: A youth home requires a conditional use permit and is permitted only in zones primarily permitting residential or agricultural development, subject to specific requirements of this title. The application for a conditional use permit shall include sufficiently detailed site plans, building plans or remodeling plans, and all other information necessary to determine compliance with building, safety and health regulations and standards applicable to similar dwellings. Any alterations must be reviewed and recommended by the Planning Commission before a conditional use permit is approved. Additionally, the facility shall conform to all applicable Building, Fire, Health and Safety Codes and requirements for facilities of this type.

      3.   Applicability: A youth home is subject to this title, the standards contained herein and the exemptions in this chapter.

      4.   Residential Character Maintained: A youth home shall not have any structural or landscaping alterations that would change the structure's residential character.

      5.   Number Permitted: Youth homes shall be limited to five (5) persons under the age of eighteen (18) who are unrelated to the owner or provider of the youth home.

      6.   Distance To Similar Facility: A youth home shall not be located within a radius of one-fourth (1/4) mile of another existing congregate living facility inside or outside of the City limits. (Ord. 19-07, 9-3-2019)

   A.   Development Standards: Any conversion of buildings or new construction of a congregate living facility shall require that the development standards of this title are met.

   B.   Open Space, Parking: Any conversion of existing buildings or uses to a congregate living facility must provide at least thirty percent (30%) of the area as open green space or playground and at least two (2) parking spaces per residential unit and adequate off street parking spaces for the staff and visitors of the facility, as determined by the City Council. The City Council may reduce the parking requirement as part of the conditional use approval upon a finding that less parking will meet the needs of the public and the proposed program.

   C.   Considerations: The Planning Commission and City Council shall consider the general plan, protection of permitted uses in underlying zones, and the aesthetics of any proposed building in making its recommendations and/or approval to any congregate living facility. (Ord. 19-07, 9-3-2019)

The applicant for a permit or license to operate a congregate living facility shall pay the applicable license and permit fees as set by the City Council. Applicant shall also provide proof of financial capability to ensure timely restitution to any member of the public suffering damage as a result of intentional or negligent conduct by members of the staff or residents of the facility. Proof of financial capability may take the form of insurance, bonds or financial reserves. Proof of financial capability shall be resubmitted to the City annually or sooner if significantly changed. (Ord. 19-07, 9-3-2019)

No congregate living facility shall include facilities which house persons being treated for alcoholism or drug abuse, persons who have committed violent crimes, who are not voluntarily residing therein, or who are residing therein as a part of or in lieu of confinement, rehabilitation or treatment in a correctional or other facility. (Ord. 19-07, 9-3-2019)

The Planning Commission and/or City Council may set whatever conditions upon a conditional use permit to operate a youth home or a residential facility for persons with a disability or a residential facility for the elderly it deems to be in harmony with the General Plan and in the best interests of the health, safety and welfare of the City, including, but not limited to, the following conditions:

   A.   Impact Study: A community impact study shall be provided by the applicant as part of the application for the conditional use permit. This study shall specifically describe the programs provided and evaluate the impact of the congregate living facility on local schools, the City's economy and economic resources, the tax revenue of the City, the City's infrastructure, including sewer concerns, public safety and law enforcement, traffic, aesthetics, tourism, and neighboring properties and businesses, including the impact on property values, if any, and the impact of any other uses within or proposed within the same building to be used as a congregate living facility.

   B.   Distances To Alcohol Sales: A minimum of one thousand feet (1,000') must be maintained between congregate living facilities and establishments licensed to sell beer or alcoholic beverages.

   C.   Information Required In Application: The application for business license shall include the following:

      1.   Proof of cleared background (Department of Criminal Investigations) checks for all staff that will have direct contact with consumers.

      2.   Written job descriptions, including specific duties and responsibilities and the minimum level of education, training and work experience required.

      3.   Business plan.

      4.   References, including educational background, training and relevant experience of the manager of the facility.

      5.   Educational plan, including a letter from an authorized accreditation organization stating their intent to accredit the facility's educational program.

   D.   Supervision Requirements: The facility shall have twenty four (24) hour per day supervision by trained and qualified personnel, with daytime ratios of at least one to four (1:4) and evening ratios of at least one to eight (1:8).

   E.   Professional Staff: Staff shall include the following professionals:

      1.   A licensed physician, or consulting licensed physician;

      2.   A licensed psychologist, or consulting licensed psychologist;

      3.   A licensed mental health therapist;

      4.   A licensed advanced practice registered nurse-psychiatric mental health nurse specialist, or a consulting advanced practice registered nurse-psychiatric mental health nurse specialist; and

      5.   If unlicensed staff are used, they shall be supervised by a licensed clinical professional.

   F.   Staff Training: The facility's behavior management policy shall be provided to all staff, and staff shall receive training relative to behavior management annually, or more often if needed.

   G.   Adult, Same Sex Supervision: The facility shall provide twenty four (24) hour supervision of the residents by an adult of the same sex and at least ten (10) years older than the oldest youth resident.

   H.   Record Disclosure: The facility shall admit only consumers who are agreeable to a waiver of objection to the disclosure through the house family or manager of their current juvenile record for purposes of a confidential report by that family or manager, upon request by the Mayor, as to the identity and background of any troubled youth in the facility from time to time.

   I.   Number Increase: The number of residents in the facility shall not increase above the number allowed in the conditional use permit unless an amendment to the permit is reviewed and approved by the City. Any request for amendment shall be accompanied by the study described in subsection A of this section.

   J.   Incident Reporting: The facility shall report to the City on the first of each month all incidents required to be reported to the Department of Human Services.

   K.   Escape, Crime Reporting: The facility shall report as quickly as possible, but not later than within twenty four (24) hours, any escape, violent incident or crime occurring at the facility. (Ord. 19-07, 9-3-2019)

   A.   Business License Required: To operate a residential facility for persons with disabilities, as licensed by the Department of Human Services, Division of Services for Persons With Disabilities, or to operate a residential facility for the elderly, as licensed by the State Department of Human Services, or to operate a youth home as licensed by the State Department of Human Services, the owner or provider shall be required to maintain a valid business license with the City.

   B.   Residential Facility For Persons With A Disability; State Department Of Human Services, Utah Division Of Services For People With Disabilities License Or Certification Required: Applicants must verify, with documentation to the Planning Commission and City Council, compliance with all applicable requirements, regulations and standards of the State Department of Human Services governing the licensing and operation of residential facilities for persons with a disability. At the time of application for a permit and/or business license to establish a residential facility for persons with a disability or within sixty (60) days following approval of a residential facility for persons with a disability by the City Council, the applicant shall provide to the City Recorder evidence that the facility is licensed or certified by the Department of Human Services, Division of Services for People With Disabilities, or the City shall not issue any business license required to operate a residential facility for persons with a disability until such evidence is provided. Failure to provide such evidence shall also be grounds for the City to initiate proceedings to revoke any valid City approvals for a residential facility for persons with a disability.

   C.   Residential Facility For The Elderly; State Department Of Human Services License Or Certification Required: Applicants must verify, with documentation to the Planning Commission and City Council, compliance with all applicable requirements, regulations and standards of the State Department of Human Services governing the licensing and operation of residential facilities for the elderly. At the time of application for a permit and/or business license to establish a residential facility for the elderly or within sixty (60) days following approval of a residential facility for the elderly by the City Council, the applicant shall provide to the City Recorder evidence that the facility is licensed or certified by the Department of Human Services or the City shall not issue any business license required to operate a residential facility for the elderly until such evidence is provided. Failure to provide such evidence shall also be grounds for the City to initiate proceedings to revoke any valid City approvals for a residential facility for the elderly.

   D.   Youth Home; State Department Of Human Services License Or Certification Required: Applicants must verify, with documentation to the Planning Commission and City Council, compliance with all applicable requirements, regulations and standards of the State Department of Human Services governing the licensing and operation of youth homes. At the time of application for a permit and/or business license to establish a youth home or within sixty (60) days following approval of a youth home by the City Council, the applicant shall provide to the City Recorder evidence that the facility is licensed or certified by the appropriate department of the State or the City shall not issue any business license required to operate a youth home until such evidence is provided. Failure to provide such evidence shall also be grounds for the City to initiate proceedings to revoke any valid City approvals for a youth home.

   E.   Continued Licensure Or Certification Requirements Of State: Operation of a residential facility for persons with a disability requires continued compliance, without interruption, with the licensure Department of Human Services, Division of Services for People With Disabilities. The responsibility to certify or license programs or owners or providers which operate residential facilities for persons with a disability, as well as require and monitor the provision of adequate services to consumers residing in these facilities, shall rest with the Department of Human Services, Division of Services for People With Disabilities. Operation of a residential facility for the elderly requires continued compliance, without interruption, with the State Department of Human Services. The responsibility to license programs or entities which operate residential facilities for the elderly, as well as to monitor the provision of adequate services to persons residing in those facilities, shall rest with the Department of Human Services as provided in Utah Code Annotated. Operation of a youth home requires continued compliance, without interruption, with the State Department of Human Services. The responsibility to license programs or entities which operate youth homes, as well as to monitor the provision of adequate services to persons residing in those facilities, shall rest with the Department of Human Services as provided in Utah Code Annotated title 62A, chapter 2.

   F.   Special Provisions For Congregate Living Facilities:

      1.   A permit to operate a congregate living facility, as regulated by this section shall be:

         a.   Subject to a nontransferable business license; and

         b.   Terminated if at any time it is demonstrated to the City Council, that:

            (1)   The structure is devoted to a use other than the City approved use; or

            (2)   The structure fails to comply with the requirements of this section; or

            (3)   The program has failed to operate in accordance with the requirements of this section; or

            (4)   The applicant has not obtained and maintained, without interruption, all licenses from the State required to operate and provided the City with proof of such licenses. If the license issued by the State expires, the City business license will automatically become void and the facility must close.

         c.   Application for reinstatement of a City permit or business license must be made to the City Council and will be subject to approval by that body.

      2.   A congregate living facility shall be occupied on a twenty four (24) hour basis by no more than the maximum number allowed per the International Building Code for egress requirements, which will include all supervisors and staff.

      3.   Any conditional use permit for a congregate living facility shall be for a specified number of individuals.

   G.   License Nontransferable:

      1.   Conditional use permits granted to congregate living facilities shall expire upon the expiration, revocation or surrender of any City business license, State license or other regulatory license of the facility. A City business license to operate a residential facility for persons with a disability, as authorized by this chapter, is nontransferable. A business license to operate a residential facility for persons with a disability, as authorized by this chapter, is nontransferable and shall only be valid to the owner or provider identified on a valid City business license permit authorizing the operation of a residential facility for persons with a disability and identified as the owner or provider as licensed or certified by the Department of Human Services, Division of Services for People With Disabilities.

      2.   A business license to operate a residential facility for the elderly, as authorized by this chapter, is nontransferable and shall only be valid to the owner or provider identified on a valid City business license permit authorizing the operation of a residential facility for the elderly and identified as the owner or provider as licensed or certified by the appropriate division of the State as required by this section.

      3.   A business license to operate a youth home, as authorized by this chapter, is nontransferable and shall only be valid to the owner or provider identified on a valid City business license permit authorizing the operation of a youth home and identified as the owner or provider as licensed or certified by the appropriate division of the State as required by this section. (Ord. 19-07, 9-3-2019)

   A.   Checklists: Anyone desiring to procure a City permit and/or license to operate a residential facility for the disabled or the elderly, or a youth home, shall begin the process by completing the congregate living facility checklist (appendix A), consulting with the City Recorder or the Planning and Zoning Administrator when necessary. When the checklist has been reviewed and deemed complete by the City Recorder, the applicant may be placed on the agenda of the next regular meeting of the Planning Commission.

   B.   Planning Commission Recommendation: The Planning Commission will hear the applicant's proposal, review the checklist and all required documentation, and determine whether or not it is in harmony with the City General Plan and in compliance with this title and State and City standards for granting a conditional use permit. The Planning Commission shall then make its findings and recommendation to the City Council, including any specific conditions to be placed on the permit, in writing.

   C.   City Council Decision: Once the Planning Commission has forwarded formal written recommendations to the City Council, the applicant may be placed on the agenda of a regular City Council meeting. The Council may then approve, modify and approve, or deny the conditional use permit.

   D.   Business License: If the City Council approves a conditional use permit for a congregate living facility, the applicant may then supply the necessary documentation and request a business license to operate the facility. (Ord. 19-07, 9-3-2019)

Before an applicant may be placed on the agenda for the Planning Commission, the City Recorder must verify that all of the following documentation has been received by the City:

   A.   Criminal Investigations: Written verification of Department of Criminal Investigations clearance for the facility's operator and any other persons who are to have direct contact with minors or vulnerable adults in a congregate living facility.

   B.   Concept Plan: Concept plan for facility.

   C.   Ownership: Documented proof of ownership of the land, or a valid lease where the facility is to be located Letter of Intent from the State Department who will license the facility.

   D.   Curriculum: If the facility provides schooling for minor consumers, written verification of curriculum approval from the State Office of Education. If incorporated, applicant must provide proof of active corporation status, including corporation ownership, from the State Department of Commerce.

   E.   Complaints: Copies from the appropriate licensing department of the State of any written complaints, including employee grievances, against the applicant or facility applying for a business license.

   F.   Core Rules: Where appropriate, supply documents which comply with Human Services Core Rules R501-2-6 and R501-2-7 (information that must be available for public inspection).

   G.   New Consumer Acceptance Policy: Eligibility and/or intake policy outlining the reasons a facility would consider accepting new consumers.

   H.   Accreditation: A written statement from State Board of Education or the National School Accreditation Board verifying accreditation shall be provided.

   I.   License Verification: Verification of licensure (State Department of Professional Licensing number) for medical personnel, therapists and/or social workers, and teachers.

   J.   Organization Chart: Organizational chart, including the names of the applying facility's board of directors. (Ord. 19-07, 9-3-2019)