The purpose of this chapter is to comply with sections 10-9a-516 through 10-9a-520 of the Utah code, as amended, 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.

(Adopted by Ord. 2007-02 on 7/11/2007)

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.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Permitted Uses: Notwithstanding any contrary provision of this title, a residential facility for elderly persons or 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 section 10-27-4 or 10-27-5 of this chapter, as the case may be.

B.

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.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Development Standards: Residential facilities for elderly persons shall comply with all requirements of sections 10-9a-516 through 10-9a-519 of the Utah code, 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 ordinances applicable to single-family or similar dwellings; except as may be modified by the provisions of this chapter.

2.

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

3.

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

B.

Prohibited Occupancy: 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:

1.

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

2.

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

C.

Transferability: 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.

D.

Separation: No residential facility for elderly persons which has more than five (5) elderly persons in residence shall be established or maintained within three-fourths (0.75) mile from a residential facility for elderly persons, residential facility for persons with disabilities, protective housing facility, transitional housing facility, assisted living facility, rehabilitation/treatment facility, or nonresidential treatment facility. Such distance shall be measured in a straight line from nearest property line of the existing facility to nearest property line of the proposed facility.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Development Standards: A residential facility for persons with a disability shall conform to the following requirements:

1.

The facility shall comply with applicable building, safety and health regulations, the Americans with disabilities act, fire regulations, and all applicable state standards and licensing requirements, and any standards set forth in a contract with a state agency.

2.

The facility shall comply with provisions of this title applicable to single-family dwellings for the zone in which it is located, except as may be modified by the provisions of this chapter.

3.

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.

B.

Permitted Occupancy: Residential facilities for persons with disabilities shall be permitted only in agricultural or residential zones. The maximum number of occupants in a residential facility for persons with a disability shall be as follows:

1.

In an agricultural or residential zone, not more than six (6) residents, not including staff or a family that owns and resides therein.

2.

In a commercial zone, not more than twelve (12) residents, not including staff or a family that owns and resides therein.

C.

Prohibited Occupancy: 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:

1.

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

2.

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

D.

State License: Prior to occupancy of the facility, the person or entity licensed or certified by the Utah department of human services or the department of health to establish and operate the facility shall:

1.

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

2.

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

3.

Certify, in a sworn affidavit submitted with the application for a business license, that no person:

a.

Will be placed or remain in the facility whose prior or current behavior, actions and/or criminal incidents or convictions,

b.

Has demonstrated that such person is or may be a substantial risk or direct threat to the health or safety of other individuals, or

c.

Whose behavior, actions and/or incidents or convictions has resulted in or may result in substantial physical damage to the property of others.

4.

The affidavits required by subsections D2 and D3 of this section 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 a business license and at the time of the application for renewal of the business license.

E.

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

1.

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

2.

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

3.

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

F.

Security: 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 Utah department of human services under title 62A, chapter 2, licensure of program and facilities of the Utah code:

1.

A security plan satisfactory to local law enforcement authorities.

2.

Twenty-four (24) hour supervision for residents.

3.

Other twenty-four (24) hour security measures.

G.

Separation: No residential facility for a person with a disability which has more than five (5) persons in residence shall be established or maintained within three-fourths (0.75) mile from a residential facility for elderly persons, residential facility for persons with disabilities, protective housing facility, transitional housing facility, assisted living facility, rehabilitation/treatment facility, or nonresidential treatment facility. Such distance shall be measured in a straight line from nearest property line of the existing facility to nearest property line of the proposed facility.

(Adopted by Ord. 2007-02 on 7/11/2007)

None of the provisions of this chapter shall be interpreted to limit a reasonable accommodation necessary to allow the establishment or occupancy of a residential facility for persons with a disability.

A.

Application: Any person or entity who wishes to request a reasonable accommodation shall make a written application to the planning commission. Each application shall state the following:

1.

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

2.

The nature and extent of the applicant's disability.

3.

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

4.

The applicant's proposed reasonable accommodations.

5.

A statement detailing why a reasonable accommodation is necessary.

6.

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

B.

Decision: The planning commission shall render a decision on each application for a reasonable accommodation within forty-five (45) days. The decision shall be based on evidence of record demonstrating:

1.

The requested accommodation will not undermine or fundamentally alter 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.

3.

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

C.

Appeal: If a reasonable accommodation request is denied, the decision may be appealed to the board of appeals in the manner provided for appeals of administrative decisions set forth in this title.

D.

Denial on Appeal: If a request for a reasonable accommodation is denied on appeal, such decision may be appealed to the city council.

(Adopted by Ord. 2007-02 on 7/11/2007)

A.

Development Standards: Any newly constructed or remodeled protective housing facility, rehabilitation/treatment facility, transitional housing facility, and assisted living facility located in a residential zone, or on property immediately abutting a residential zone, shall comply with the following design standards:

1.

Setbacks shall be according to the requirements of the residential zone in which the facility is located, or if the facility is in a commercial zone abutting a residential zone the setbacks shall be those of the abutting residential zone.

2.

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 applicable zone, a new building or an additional building shall not exceed one hundred ten percent (110%) of the average height of the closest dwellings located on property adjacent to a 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 structure shall be a pitched roof of the same slope as the most common roof slope of the dwelling units located on the same side of the block where the building is proposed.

b.

Exterior materials shall consist of brick, siding, or stucco. Such materials shall be applied in such a manner that is consistent with the predominant use of such materials in the area where the building is located.

B.

Prohibited Occupancy: 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:

1.

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

2.

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

C.

Similar Requirements: To the extent substantially similar requirements included in this section are also included in a zone where a facility referred to herein may be located, the more restrictive provisions shall apply.

(Adopted by Ord. 2007-02 on 7/11/2007)

A nonresidential treatment facility shall be allowed only if the facility is a permitted or conditional use in the zone where the facility is located. In addition to the requirements of such zone, each such facility shall conform to the requirements of this section.

A.

Applicable Regulations: The facility shall comply with building, safety, zoning, and health regulations, the Americans with disabilities act, fire regulations, and applicable state standards and licensing requirements, and any standards set forth in any contract with a state agency.

B.

Development Standards: The following site development standards and parking standards shall be applicable:

1.

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

2.

The minimum number of parking spaces required shall be the same as the number required for a commercial building with similar size, occupancy, and density in the same zone.

C.

State License: Prior to occupancy of the facility, the person or entity licensed or certified by the Utah department of human services or the department of health to establish and operate the facility shall:

1.

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

2.

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

D.

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

1.

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

2.

The license or certification issued by the Utah 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.

E.

Separation: No nonresidential treatment facility shall be established or maintained within one thousand feet (1,000'), measured in a straight line from nearest property line of the existing facility to nearest property line of the proposed facility, from any:

1.

Residential facility for persons with a disability;

2.

Residential facility for elderly persons with more than five (5) elderly persons in a residence; or

3.

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

F.

Prohibited Occupancy: 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:

1.

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

2.

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

G.

More Restrictive Provisions Apply: To the extent substantially similar requirements included in this section are also included in a zone where a facility referred to herein may be located, the more restrictive provisions shall apply.

(Adopted by Ord. 2007-02 on 7/11/2007)