Hyde Park City Zoning Code

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2. Purpose. The purpose of this ordinance is to ensure that Group Dwellings do not have an adverse impact on the character of adjacent neighborhoods and to ensure that issues of public safety, traffic and parking are mitigated. Permitting of these facilities is governed by the zoning ordinance in general and this chapter specifically. The intent of these regulations is to avoid discrimination in housing against any person regardless of age or disability in compliance with the Utah Fair Housing Act and the Federal Fair Housing Act. It is intended that these municipal regulations locate group dwellings where the site can accommodate traffic needs of the facility and have adequate off-street parking, where the facility is designed to be compatible with the character of the neighborhood, and where these types of facilities are consistent with the activities otherwise permitted in the zone.
3. Group Dwellings Regulated By Zoning Ordinance: Hyde Park City’s Zoning Ordinance allows for a variety of different Group Dwellings but in most cases such dwellings are regulated differently from a single-family dwelling unit. A Group Dwelling is a residential facility where a group of unrelated individuals live together. The various types of group dwellings are either permitted, not permitted or allowed by conditional use permit, in accordance with the provisions this Ordinance and the City Zoning Ordinance. Hyde Park City defines several types of Group Dwellings namely: 1) Boarding or Rooming House; 2) Residential Facility for Elderly; 3) Residential Facility for Persons with a Disability; 4) Dormitory, Fraternity, or Sorority; 5) Assisted Living Facility; 6) Nursing Care Facility; 7) Home Providing Residential Care for Minors; and 8) Group Home for Homeless or Transients. Only such Group Dwellings as are specifically authorized in this Ordinance and the City Zoning Ordinance, as permitted or conditional uses shall be allowed. All other Group Dwellings are prohibited.
4. Maximum Residents: The maximum number of residents allowed in a group home will be as follows:
5. Residential Zones – Maximum of five occupants. Occupants must include minimum one (1) resident staff, care, or supervisory person. 
6. Commercial Zone – based on State restrictions
7. Industrial Zone – based on State restrictions
8. Zoning Clearance and Certification: No Group Dwelling may operate in Hyde Park City without first obtaining zoning clearance to do so, excepting a Group Home in a Commercial Zone, and/or dwellings subject to reasonable accommodation. Zoning clearance shall be required prior to the issuance of a building permit for any new construction or building modifications for a Group Dwelling and if a conditional use permit (CUP) is required, prior to or concurrently with the CUP application being submitted. For existing structures, zoning clearance shall be required prior to, or concurrently with the business license application being submitted if operating as a business or prior to occupying the facility as a group dwelling if not operating as a business. Approval of residential facilities for persons with a disability is governed by subsection (B) of this ordinance. To be issued zoning clearance for the Group Dwelling by the Planning Commission the person or entity operating the Group Dwelling Zoning Clearance shall:

1. Comply with all applicable state and local land-use and zoning ordinances and Americans with Disabilities Act (ADA) as applicable.
2. Provide a certified copy of any licenses or the filed application for a license issued by the Department of Human Services, the Department of Health, or the City (including a business license) if a license is required for the type of Group Dwelling being authorized.
3. If the facility is for treating substance abuse patients, provide a security plan satisfactory to local law enforcement authorities and provide an emergency response/fire escape plan satisfactory to the local fire marshal for the facility being authorized.
4. Certify in a sworn affidavit submitted with the Application for Zoning Clearance, 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 fewer than one hundred fifty (150) days nor more than one hundred ninety (190) days from the date of issuance of the initial business license and at the time of each application for renewal of the business license, or no later than the 1st day of each January after the Zoning Clearance was issued in the event no business license is required for the facility.
5. For a Residential Facility for Elderly Persons, the person or entity operating the facility shall certify in a sworn affidavit submitted with the application for a zoning clearance that all current residents /clients qualify and that all future residents/clients will qualify prior to admission to the facility as persons sixty (60) years of age or older.
6. Required: Upon receipt of an application properly filed within the City and upon payment of the nonrefundable application fee, the City clerk shall send photocopies of the application to the North Park Police Department and any other City agencies responsible for enforcement of health, fire and building codes and other applicable laws. Each department or agency shall promptly conduct an investigation of the applicant, the application and the proposed business in accordance with its responsibilities under law and as set forth in this chapter. The City shall complete such investigations within twenty (20) business days of receipt of the application. At the conclusion of its investigation, each department or agency shall indicate on the photocopy of the application its approval or disapproval of the application, date and sign their approval or disapproval, and in the event it disapproves, state the reasons therefore. The North Park Police Department shall not be required to approve or disapprove applications. The applicant (and in the case of an entity applicant, each partner, member, manager, stockholder, or any other owner, any of whom owns a five percent 5% or greater interest in the entity, each officer and director), and each employee, shall be required to obtain and provide to the City, with the application, an original or certified copy, dated no older than 120 days prior to the date of the application, of: (a) a Utah Department of Public Safety Bureau of Criminal Identification verified criminal history report personal to the applicant; (b) a verification by the Utah Department of Public Safety Bureau of Criminal Identification that no criminal history containing any of the prohibited acts or events stated in the next section exists for the applicant, or (c) an equivalent type criminal history report from the state or other jurisdiction of residence for each individual applicant, as required by this section.
7. For purposes of this Ordinance, “Criminally Convicted” means the final entry of conviction, whether by a plea of no contest, guilty, entry of a judicial or jury finding of guilt, which has not been set aside on appeal or pursuant to a writ of habeas corpus. The criminal conviction is that offense of which the applicant was convicted, without regard to the reduced status of the charge after completion of conditions of probation or parole, and charges dismissed under a plea in abeyance or diversion agreement and “Final Civil Judgment” means a civil judgment that would be recognized under state law as a judgment to which collateral estoppel would apply.
8. The application may be denied by the City in the event a personal criminal history report shows any of the following prohibited acts, events or status:
9. The applicant has been Criminally Convicted of: (i) felony homicide, (ii) physically abusing, sexually abusing, or exploiting a minor, (iii) the sale or distribution of controlled substances, or (iv) sexual assault of any kind.
10. Criminal charges currently pending against the applicant for: (i) felony homicide, (ii) physically abusing, sexually abusing, or exploiting a minor, (iii) the sale or distribution of controlled substances, or (iv) sexual assault of any kind.
11. The applicant has been Criminally Convicted of a felony within the last ten (10) years;
12. The applicant has been incarcerated in a state or federal prison, or equivalent, foreign penal facility, within the past five (5) years;
13. The applicant has been Criminally Convicted of a misdemeanor within the past (5) years involving a crime of: (i) moral turpitude, or (ii) violent or aggravated conduct involving persons or property.
14. A Final Civil Judgment been entered against the applicant within the last five (5) years indicating that: (i) the applicant had either engaged in fraud, or intentional misrepresentation, or (ii) that a debt of the applicant was non-dischargeable in bankruptcy pursuant to 11 U.S.C. § 523(a)(2), (a)(4), (a)(6), or (a)(19);
15. The applicant is currently on parole or probation to any court, penal institution, or governmental entity, including being under house arrest or subject to tracking device;
16. The applicant has an outstanding arrest warrant from any jurisdiction; or
17. The applicant is currently subject to a protective order based on physical or sexual abuse issued by a court or competent jurisdiction.
18. Termination: A use permitted by this Ordinance, including a residential facility for persons with a disability is nontransferable and shall terminate if any of the following occur:
19. A facility is devoted to a use other than the Group Dwelling specifically licensed, permitted and/or allowed by this Ordinance or the City Zoning Ordinance;
20. The facility fails to comply with the requirements of the issued permits and/or licenses, this section or other Hyde Park City Ordinances; or
21. The license or certification issued by the Department of Human Services, other applicable state or federal agency or the City (including a business license) terminates or is revoked.
22. Additional Design and Construction Standards: In order for new construction to reflect the design and character of the existing neighborhood, the following standards shall be met:

B. Residential Facilities for Persons with a Disability.

1. It is the intent of Hyde Park City to regulate a residential facility for persons with a disability only to the extent allowed by the Utah Fair Housing Act, the Federal Fair Housing Act, the Federal Americans with Disabilities Act, and other governing law.
2. Residential facilities for persons with a disability are permitted uses in all zones that allow for residential units, subject to the requirements of this section and applicable State and Federal law and licensure requirements.
3. Residential facilities for persons with a disability shall comply with the following requirements:
4. The facility shall be licensed as a residential facility for persons with a disability in accordance with state law.
5. The owner or operator of the facility shall obtain a Hyde Park business license and shall submit with the application for a business license a copy of the state license or permit authorizing the facility and a statement that the owner or operator has reviewed this section and shall operate the facility in accordance therewith.
6. The facility shall conform to all building, fire, safety, and health requirements applicable to similar structures.
7. The facility shall meet the requirements of the zone in which it is located, including setback, frontage, lot size, and structure size requirements.
8. The facility shall have a private garage and parking spaces as required by HPMC 12.70.020.
9. The facility shall be occupied only to the same extent that a dwelling unit may be occupied in the zone where the facility is located.
10. The facility’s design and landscaping shall be consistent with the structure’s residential character.
11. Any new structure, expansion or addition to an existing structure, or reconstruction of an existing structure shall be constructed of a size, scale, and design that are in harmony with other residential uses in the vicinity and in compliance with all applicable building, fire, safety, and zoning regulations.
12. Maximum of five occupants. Occupants must include minimum one (1) resident staff, care, or supervisory person. If zoning regulations applicable to the zone in which the facility is located allow greater numbers of unrelated persons to reside in a single dwelling unit, then total number of unrelated persons residing at the facility shall not exceed such number, unless a reasonable accommodation is granted in conformance with Section C.
13. All residents/clients shall qualify prior to admission to the facility as a person with a disability as defined by Federal law, and no resident/client shall be admitted whose tenancy would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others.
14. Only one residential facility for persons with a disability will be permitted per City block, and must be at least six hundred and sixty (660) feet from another residential facility for persons with a disability. 
15. Placement in a residential facility for persons with a disability shall be on a strictly voluntary basis and may not be a part of, or in lieu of confinement, rehabilitation, or treatment in a correctional institution.  
16. None of the conditions in this ordinance shall be interpreted to limit reasonable accommodations necessary to the establishment or occupancy of a residential facility for person(s) with a disability. Such accommodations shall be applied for as set forth in this Section.

C. Reasonable Accommodations: Reasonable accommodations regarding land use regulations and requirements may be applied for in accordance with the Americans with Disabilities Act (ADA), Federal Fair Housing Act Accommodations (FFHA), and this section.

1. Application: Any person or entity who wishes to request a reasonable accommodation regarding any land use regulation or requirement shall make application to the Planning Commission. Said application may be submitted contemporaneously with or independently of a variance request under HPMC 12.210.040. Said application shall require in writing
2. the name, mailing address, and phone number of the applicant;
3. the nature and extent of the disability;
4. an exact statement of the ordinance or policy from which the applicant needs a reasonable accommodation;
5. the applicant’s proposed reasonable accommodation(s);
6. A statement detailing why the requested accommodation is reasonable, including a description of the impact of the accommodation on the neighborhood or surrounding properties and how the purpose and intent of applicable land use regulations are upheld by the accommodation;
7. A statement detailing why the requested accommodation is necessary, in order to afford persons with a disability equal opportunity to use and enjoy housing, including supporting documentation explaining how the accommodation will correct limiting circumstances or otherwise provide a meaningful opportunity for persons with a disability to live within Hyde Park;
8. The physical address of the property where the applicant intends on living; and
9. The current or proposed use of the residence, if new construction is not proposed, using the definitions in this ordinance.
10. Decision: The Planning Commission shall render a decision on each application for a reasonable accommodation within thirty (30) days. The decision shall be based on evidence of record demonstrating all of the following:
11. The requested accommodation will not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with disability.
12. That but for the accommodation, one (1) or more persons with a disability will be denied an equal opportunity to enjoy housing within the community.
13. That the accommodation is the minimum amount necessary to provide one (1) or more persons with a disability an equal opportunity to enjoy housing of their choice.
14. Appeal: Any person adversely affected by a final decision of the Planning Commission regarding a request for reasonable accommodation may appeal that decision to the Hyde Park City Appeal Authority as provided in HPMC 12.210.030 Park Zoning Code.
15. New Definitions shall be added to the City Zoning Ordinance in alphabetical sequence, and shall apply to the provisions of this Ordinance, as follows:
16. Residential Facility for Elderly Persons. A facility which is not run as a business, but a fee may be charged residents for food or for actual and necessary costs of operation and maintenance of the facility. It shall (a) be owned by one of the residents or by an immediate family member of one of the residents or a facility for which the title has been placed in trust for a resident; (b) be consistent with existing zoning, and (c) be occupied on a 24-hour basis by eight or fewer elderly persons (60 years of age or older) in a family-type arrangement. Residents must be capable of independent living. Facilities located in a residential zone shall be limited to seven (7) total occupants.
17. Residential Facility for Persons with a Disability. (Utah Code 10-9a-520  applies)  A facility for persons with a disability which shall (a) be consistent with existing zoning; (b) be occupied on a 24-hour-per-day basis by five (5) or fewer persons with a disability in a family-type arrangement under the supervision of a house family or manager for a total of six (6) occupants; (c) conform to all applicable standards and requirements of the Utah Department of Human Services; and (d) be licensed as such by the Utah Department of Human Services.
18. 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:
19. Specified services of intermediate nursing care;
20. Administration of medication; and 
21. 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.
22. Dormitory, Fraternity or Sorority. Any boarding or rooming house sponsored by and associated with a school, university or a legitimate fraternity or sorority.
23. Nursing Care Facility shall be defined and stated in Section 26-35a-103,  Utah Code Annotated, 1953, as amended.
24. Home Providing Residential Care for Minors. A group care facility providing “substitute care” (as defined in Utah Code 62A-4a-101) for no more than eight (8) minors who are in State custody through the Utah Department of Human Services (DHS includes Division of Family Services and Division of Youth Corrections). The facility must be licensed as such by the Utah Department of Human Services.
25. Home for Homeless or Transients. A residence for two families or more on a short term basis for those persons determined to need temporary housing due to inability to pay or to ensure the health and/or safety of the individual(s). Residence would normally be operated by a governmental, religious, non-profit or philanthropic organization.

HISTORY

Adopted by Ord. 2015-03 on 5/13/2015

Amended by Ord. 2019-05 on 4/24/2019

Amended by Ord. 2022-18 on 8/10/2022

Amended by Ord 2025-09 on 3/12/2025