The purpose of this chapter is to:

A.

Distinguish between congregate living facilities primarily providing for residential facilities for its inhabitants and those facilities primarily involved in the provision of rehabilitation, treatment and/or support services, in conjunction with the mere temporary occupancy of its clients on the premises.

B.

Avoid the institutionalization of residential neighborhoods and create an environment that will facilitate the mainstreaming of persons with disabilities into a normalized residential environment.

C.

Continue to provide ample opportunities for various types of congregate living facilities to be located within the county.

D.

Establish zoning uses, standards and practices which will not have the effect of discriminating against congregate living arrangements of unrelated people with disabilities.

E.

Sustain and reinforce the existing land use scheme identified in the land management codes.

(Ord. 196 § 2 (part), 2004)

For the purpose of this chapter, certain words are defined in Chapter 17.20, Use Definitions, and Chapter 17.84, Definitions, of the Iron County zoning ordinance.

(Ord. 196 § 2 (part), 2004)

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 for the requirements of this section shall govern the same notwithstanding any other provisions of Iron County ordinances.

B.

Purpose. The purposes of this section are:

1.

To comply with Title 10, Chapter 9, Section 605, Utah Code Annotated, 1953, as amended; and

2.

To comply with the Utah Fair Housing Act and the federal Fair Housing Act as amended and provide housing accommodations for persons with a disability.

C.

A residential facility for persons with a disability shall be allowed in all zones described in this title. Each such facility shall conform to the following requirements:

1.

The facility shall comply with all building, safety and health regulations, environmental regulations, the Americans with Disabilities Act, fire regulations and any standards set forth in any contract with a state agency.

2.

The following on-site and off-site development 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.

b.

Each facility shall be required to provide proof of sufficient access to water.

c.

Each facility shall be required to provide proof of adequate ability to dispose of waste water and sewage.

d.

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.

e.

Each facility shall be required to provide access with Iron County minimum standard roads as determined by the county engineer, in consultation with emergency service providers.

3.

No facility shall be made available to an individual who has demonstrated, as a resident, that they:

a.

Constitute a direct threat to the health or safety of other individuals;

b.

Engage in conduct resulting in substantial physical damage to the property of others;

c.

Currently use or distribute illegal controlled substances.

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 Iron County zoning administrator and the Iron County clerk;

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 remain in the facility whose behavior has demonstrated a direct threat to the health or safety of other individuals, or whose behavior has resulted in substantial physical damage to the property of others.

5.

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

a.

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

b.

The license or certification issued by the department of human services or department of health terminates or is revoked.

c.

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

6.

In all residential zones (R-1/2, R-1, R-2 and R-5 zones) and the A-20 agricultural zone, no residential facility for persons with a disability shall exceed four residents, not including staff, or the family that owns the residence.

7.

No residential facility for persons with a disability, licensed for the housing of persons shall be established or maintained within one thousand feet measured in a straight line between the closest property lines of the lots or parcels of the following facilities:

a.

Another residential facility for persons with a disability;

b.

A residential facility for elderly with more than five elderly persons in a residents; 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 public schools.

8.

No residential facilities for persons with disabilities shall be permitted in the commercial, light industrial or industrial zones.

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 Iron County planning commission, or their designee. Such application 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 Iron County planning commission, or their designee, shall use the following factors:

a.

The zoning regulations 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 county;

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 county-wide zoning ordinance and general plan;

g.

Has the applicant demonstrated that the accommodation will affirmatively enhance the applicant's use of his property, or ameliorate the effects of the applicant's disability;

h.

Without the accommodation, is similar housing available in Iron County for the applicant or group of applicants; and

i.

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

3.

Written findings and conclusions of the planning commission's decision, or their designee, shall be sent to the applicant within thirty days of the decision; and

4.

If a request for a reasonable accommodation is denied, such decision may be appealed to the Iron County board of county commissioners.

(Ord. 196 § 2 (part), 2004)

A.

Purpose. The purpose of this section is to comply with Title 10, Chapter 9, Section 605, Utah Code Annotated, 1953, as amended.

B.

A residential facility for elderly persons shall comply with 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 similar dwellings.

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.

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

4.

The use granted and permitted by this section is nontransferrable 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 and building codes.

(Ord. 196 § 2 (part), 2004)

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.

Notwithstanding the maximum height restrictions of the individual residential zone. New building or additional buildings shall not exceed one hundred ten percent 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 roof shall be a pitched roof of the same slope as the most common roof slope of the homes on the side of the block which the building is proposed on.

b.

The type of exterior materials shall be of the 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.

B.

Protective housing, rehabilitation/treatment facilities (both residential and nonresidential), transitional housing, nursing homes and assisted living facilities are all permitted uses in areas zoned commercial. Nonresidential treatment facilities shall not be a permitted use in R-1/2, R-1, R-2, R-5, or A-20 zones. Each permitted facility shall conform to the following requirements:

1.

The facility shall comply with all building, safety, and health regulations, the American 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 is located.

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 Iron County recorder;

b.

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

(Ord. 196 § 2 (part), 2004)