The purpose of this chapter is to comply with Utah Code Annotated sections 10-9a-517 and 10-9a-520, and 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.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

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. 03-5-1, 5-1-2003, eff. 6-1-2003)

For the purpose of this chapter, the following terms shall have the meanings set forth below and shall apply in addition to the terms defined in chapter 3 of this title:

Assisted living facility means a residential facility, licensed by the state, with a home like setting that provides an array of coordinated supportive personal and healthcare services, available 24 hours per day, to residents who have been assessed under the state department of health or the state department of human services rules to need any of these services and who have a service plan based on the assessment, which may include: a) specified services of intermittent nursing care; b) administration of medication; and c) support services promoting residents' independence and self-sufficiency. An assisted living 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 means a physical or mental impairment which substantially limits one or more of a person's major life activities, including a person having a record of such an impairment, or being regarded as having such an impairment. "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 successor law.

Elderly person means a person who is 60 years old or older who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.

Has a record of such an impairment means a person who has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

Is regarded as having an impairment means:

A.

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

B.

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 impairment; or

C.

Has none of the impairments defined in subsection A of this definition but is treated by another person as having such an impairment.

Major life activities means functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

Physical or mental impairment means:

A.

Any physiological 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

B.

Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term physical or mental impairment includes, but is not limited to, 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 infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

Protective housing facility means a facility operated, licensed or contracted by a governmental entity, or operated by a charitable, nonprofit organization, where, for no compensation, temporary, protective housing is provided to:

A.

Abused or neglected children awaiting placement in foster care;

B.

Pregnant or parenting teens;

C.

Victims of sexual abuse; or

D.

Victims of domestic abuse.

Reasonable accommodation means a change in a rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. As used in this definition:

Equal opportunity means achieving equal results as between a person with a disability and a nondisabled person.

Necessary means 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 housing of their choice.

Reasonable means a requested accommodation will not undermine the legitimate purposes of existing land use regulations notwithstanding the benefit that the accommodation would provide to a person with a disability.

Rehabilitation/treatment facility means a facility licensed by or contracted by the state to provide temporary occupancy and supervision of adults or juveniles in order to provide rehabilitation, treatment, counseling, or educational services. Without limitation, such services may include rehabilitation, treatment, counseling, or assessment and evaluation services related to delinquent behavior, alcohol and drug abuse, sex offenders, sexual abuse, or mental health.

Residence means a dwelling unit where an individual is actually living at a given point in time and intends to remain, and not a place of temporary sojourn or transient visit.

Residential facility for elderly persons means a single-family or multiple-family dwelling unit that meets the requirements of Utah Code Annotated section 10-9a-103(38) or its successor.

Residential facility for persons with a disability means a residence in which more than one person with a disability resides and which is licensed or certified by:

A.

The state department of human services under Utah Code Annotated title 62A, chapter 2, licensure of programs and facilities; or

B.

The state department of health under Utah Code Annotated title 26, chapter 21, Health Care Facility Licensing and Inspection Act.

Transitional housing facility means a facility owned, operated or contracted by a governmental entity, or a charitable, nonprofit organization, where, for no compensation, temporary housing (for usually three to 24 months) is provided to homeless persons, while they obtain work, job skills, or otherwise take steps to stabilize their circumstances. A transitional housing facility shall not include a homeless shelter.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003)

A.

Permitted uses. Notwithstanding any contrary provision of this title, and subject to the development standards in section 10-46-5 of this chapter:

1.

A residential facility for elderly persons shall be a permitted use in any zone where a dwelling is allowed as a permitted or conditional use, except an area zoned to permit exclusively single-family dwellings; and

2.

A residential facility for persons with a disability shall be a permitted use in any zoning area where similar residential dwellings that are not residential facilities for persons with a disability are allowed, provided that any such facility which would likely create a fundamental change in the character of a residential neighborhood may be excluded from a zoning area.

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 state 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. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. 2004-4, 2-5-2004)

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

Number of occupants. Pursuant to the definition of "family" in section 10-3-4 of this title, not more than three persons shall occupy a residential facility for elderly persons or any residential facility for persons with a disability established in a dwelling unit unless a reasonable accommodation for a greater number of occupants is granted.

C.

Separation required. No facility occupied by more than five persons shall be established or maintained within 1,000 feet, measured in a straight line without regard to intervening structures or objects, from the property line of the facility to the closest property line of any of the following:

1.

A residential facility for persons with a disability occupied by more than five persons; or

2.

A residential facility for elderly persons occupied by more than five persons; or

3.

Any of the following:

a.

Assisted living facility;

b.

Protective housing facility;

c.

Rehabilitation/treatment facility; or

d.

Transitional housing facility.

D.

No dangerous persons permitted. No 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.

E.

License and certification. Prior to occupancy of any facility, the person or entity operating the facility shall:

1.

Provide to the City a copy of any license or certification required by the state department of health or the 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. 03-5-1, 5-1-2003, eff. 6-1-2003)

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 therefor to the Zoning Administrator and shall articulate in writing the nature of the requested accommodation and the basis for the request.

C.

Decision. The Planning Commission shall render a decision on each application for a reasonable accommodation within 45 days. The decision shall be based on evidence of record demonstrating:

1.

The requested accommodation will not undermine the legitimate purposes of existing land use 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 Appeals Board in the manner provided for appeals of administrative decisions set forth in this title.

(Ord. 03-5-1, 5-1-2003, eff. 6-1-2003; Ord. 2018-12, 10-18-2018)