Kanarraville City Zoning Code

CONGREGATE LIVING

AND TREATMENT FACILITIES

§ 152.430 DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates of requires a different meaning. The following definitions shall apply to all sections of this chapter and shall supersede any other definition of the same name contained in § 152.019.

ADULT DAYCARE FACILITY. Any building or structure furnishing care, supervision and guidance for three or more adults unaccompanied by guardian for periods of less than 24 hours per day.

ASSISTED LIVING FACILITY.

(1) A residential facility, licensed by the state, with a home-like setting that provides an array of coordinated support of personnel and health care services, available 24 hours per day, to residents who have been assessed under the state’s Department of Health or the state’s 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:

(a) Specified services of intermediate nursing care;

(b) Administration of medication; and

(2) Such a facility does not include adult day care provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.

BOARDER. A person living in a rented room in a boarding house. The boarding house operator or member of his or her immediate family who reside on the premises with the operator, shall not be considered to be a BOARDER.

BOARDING HOUSE. A portion thereof where, for compensation, rooms are rented together with meals for not more than 15 boarders who generally do not directly utilize kitchen facilities. The operator of a BOARDING HOUSE must reside on the premises of the BOARDING HOUSE. The work shall include compensation in money, services or other things of value. A BOARDING HOUSE does not include a residential facility for disable persons or a residential facility for the elderly. A BOARDING HOUSE does not include a non-residential facility, such as a rehabilitation/treatment facility, where the primary purpose of the facility is to deliver rehabilitation, treatment, counseling, medical, protective or other similar services to the occupants.

BUILDING, PUBLIC. For purposes of this section only, a PUBLIC BUILDING is a building owned and operated or owned and intended to be operated by the town, a public agency of the United States of America, the State of Utah or any of its political subdivisions. The use of a PUBLIC BUILDING, with immunity, is non-transferrable and terminates if the structure is devoted to a use other than as a PUBLIC BUILDING with immunity. A PUBLIC BUILDING referred to as with immunity under the provisions of this subchapter includes:

(1) Properties owned by the state or the United States Government which are outside of the jurisdiction of the town’s zoning authority as provided under UCA Title 9, Chapter 10, § 105 , as amended; and

(2) The ownership or use of a building which is immune from the town’s zoning authority under the supremacy clause of the United States Constitution.

COMMUNITY CORRECTIONAL FACILITY. A facility licensed or contracted by the state to provide temporary occupancy for previously incarcerated persons which assists such persons in making a transition from a correctional institution environment to independent living.

CORRECTIONAL INSTITUTION. A prison, jail, juvenile detention facility or juvenile secure facility.

DISABILITY. A physical or mental impairments that substantially limits one or more of a persons major life activities, including a person having a record of such a problem or being regarded as having such an impairment. The following definitions are incorporated into the definition of DISABILITY:

(1) Disability does not include current illegal use of, or addiction to, any federally controlled substance as defined in § 102 of the Controlled Substances Act, 21 U.S.C. § 802, or as defined under UCA Title 58, Chapter 37 , as amended;

(2) A physical or mental impairment includes the following, to wit:

(a) Any psychological 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 physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities; or

(c) 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, (HIV), mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of controlled substances) and alcoholism.

DOMESTIC STAFF. Persons employed or residing on the premises of a dwelling or other residential facility to perform domestic services or to assist residents in performing major life activities.

DWELLING. Any building or portion thereof containing one or more dwelling units occupied as or designated or intended for occupancy as a residence by one or more families.

DWELLING. MULTIPLE-FAMILY. Any building arranged or designed to include three or more dwelling units, each to be occupied by one family.

DWELLING, SINGLE-FAMILY. Any building arranged or designed to include only one dwelling unit.

DWELLING, TWO-FAMILY/DUPLEX. A building arranged or designed to include two dwelling units, each to be occupied by one family.

DWELLING UNIT. Any building or portion thereof designated, occupied or intended as a residence for a family with complete and independent facilities for living, sleeping, eating, cooking and sanitation.

EDUCATIONAL INSTITUTION. Any elementary or secondary school, seminary, parochial school or private educational institution having a curriculum similar to that ordinary-given in grades one through 12 in public school systems. The term EDUCATIONAL INSTITUTION for the purpose of this title does not include post high school educational facilities or educational facilities which include residential facilities for its students.

EDUCATIONAL INSTITUTION WITH HOUSING. A public or private educational institution with residential facilities or housing for its students and or staff.

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

FAMILY. One or more persons related by blood, marriage, adoption or guardianship, or a group of not more than four unrelated persons living together as a single non-profit housekeeping unit, together with any incidental domestic staff who may or may not reside on the premises. FAMILY does not exclude the care of foster children.

FRATERNITY OR SORORITY HOUSE. A building occupied by and maintained exclusively for students affiliated with an academic or professional college or university or other recognized institution of higher learning who are associated together in a fraternity or sorority that is officially recognized by such institution and who receives lodging and/or meals on the premises for compensation.

HOSPITAL. An institution licensed by the state which provides diagnostic, therapeutic, and rehabilitative services to individuals on both an inpatient and out patient basis by or under the supervision of one or more physicians. A medical clinic or professional office which offers any in-patient or overnight care, or operates on a 24-hour basis shall be considered to be a HOSPITAL. A HOSPITAL may include necessary support service facilities such as laboratories, out-patient units and training and central services, together with staff offices necessary to operate the HOSPITAL.

HOTEL. A building designed for or occupied as the more or less temporary abiding place of individuals who are, for compensation lodged with or without meals.

JAIL. A place of incarceration owned and operated by the county.

JUVENILE DETENTION FACILITY. A place of temporary detention for delinquent juveniles, which either is owned or operated by the state or is under contract with the state.

JUVENILE SECURE FACILITY. A place of incarceration for delinquent juveniles which is either owned or operated by the state or is under contract with the state.

MAJOR LIFE ACTIVITIES. Functions such as caring for ones self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.

NON-RESIDENTIAL TREATMENT FACILITY. A facility wherein no persons will be housed on an overnight basis, and provides services including rehabilitation, treatment, counseling or assessment and evaluation services related to delinquent behavior, alcohol abuse, drug abuse, sexual offenders, sexual abuse or mental health. Associated educational services may also be provided to juvenile occupants.

NURSING HOME. An intermediate care/nursing facility or a skilled nursing facility licensed by the state, for the care of individuals who, due to illness, advance stage, disability or impairment require assistance and/or supervision on a 24-hour per day basis. Such a facility does not include an adult day care facility or adult day care provider in conjunction with residential facilities for elderly persons or a residential facility for persons with a disability.

PRISON. A place of incarceration owned or operated by the state.

PRIVATE PRISONS. A correctional facility established or operated under a contract with the state under the provisions of the Private Correctional Facilities Act, UCA Title 64, Chapter 13C , as amended.

PRIVATE JAIL. A place of incarceration established or operated under a contract with the county.

PROTECTIVE HOUSING FACILITY. A facility either:

(1) Operated, licensed or contracted by a governmental entity; or

(2) Operated by a charitable, non-profit organization, where no compensation, temporary, protective housing is provided to:

(a) Abused or neglected children waiting placement of foster care;

(b) Pregnant or parenting teens;

(d) Victims of domestic abuse.

REASONABLE ACCOMMODATION. A change in any rule, policy, practice or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. The following words have the following definitions, to wit:

(1) REASONABLE. A requested accommodation that will not undermine the legitimate purpose of existing zoning regulations notwithstanding the benefit that the accommodation will provide to a person with a disability;

(2) NECESSARY. 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 the housing of their choice; and

(3) EQUAL OPPORTUNITY. Achieving equal results as between a person with a disability and a non-disabled person.

RECORD OF IMPAIRMENT. Having a history of, or having been misclassified as having a mental or physical impairment that substantially limits one or more major life activities.

REGARDED AS HAVING AN IMPAIRMENT. A person is regarded as having an impairment when:

(1) The person has a physical or mental impairment that does not substantially limit one or more major life activity, but is treated by another person as having such a limitation;

(2) Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others towards such an impairment; or

(3) Has none of the impairments defined in this section, but is treated by another person as having such an impairment.

REHABILITATION/TREATMENT FACILITY. A facility licensed or contracted by the state to provide temporary occupancy and supervision of individuals (adults and/or juveniles) in order to provide rehabilitation, treatment or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling or assessment and evaluation services related to delinquent behavior, alcohol abuse, drug abuse, sexual offenders, sexual abuse or mental health. Associated educational services may also be provided to juvenile occupants.

RESIDENTIAL FACILITY FOR ELDERLY PERSONS. A dwelling unit that is occupied on a 24-hour per day basis by eight or fewer elderly persons in a family type arrangement. A RESIDENTIAL FACILITY FOR ELDERLY PERSONS shall not include any of the following, to wit:

(1) A facility which is operated as a business; provided that such facility may not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs of preparation and maintenance of the facility; and

(2) A facility where persons being treated for alcoholism or drug abuse are placed; a facility where placement is not on a strictly voluntary basis or where placement is part of, or in lieu of, confinement, rehabilitation or treatment in a correctional institution; or a facility which is a health care facility as defined by UCA Title 26, Chapter 2, § 21 , as amended; or a facility which is a residential facility for persons with a disability.

RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY. Any residence in which more than one person with a disability resides and which is:

(1) Licensed or certified by the Department of Human Services under UCA Title 62A, Chapter 2 , licensor for programs and facilities; or

(2) Licensed or certified by the Department of Human Health under UCA Title 26, Chapter 21 , Health Care Facilities Licensing and Inspection Act.

RESIDENTS, RESIDENTIAL FACILITY. Any building or portion thereof where an individual is actually living at a given point and time and intends to remain, and not a place of temporary sojourn or transient visit.

RETIREMENT HOME. A residential facility designated, occupied and intending for residents 50 years of age or older where common facilities for cooking and dining are available to all residents in independent facilities are provided for living, sleeping and sanitation.

SHELTERED WORKSHOP. An on-site supervised educational or vocational training facility for persons with a disability and does not provide any residential facilities.

SHELTER FOR THE HOMELESS. Charitable lodging or sleeping rooms provided on a temporary basis (usually on a daily basis) to those members of society lacking other safe, sanitary or affordable shelter. A SHELTER FOR THE HOMELESS may also include kitchen and cafeteria facilities.

TRADE OR VOCATIONAL SCHOOL. A post high school educational or vocational training facility.

TRANSITIONAL HOUSING FACILITY. A facility owned, operated or contracted by a governmental entity or a charitable, not for profit organization, where, for no compensation, temporary housing (usually three to 24 months, but in no event less than 30 days) 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 shelter for the homeless, a dwelling unit provided to a family for the exclusive use as part of a transitional housing program, for more than 30 days, shall not be considered to be a TRANSITIONAL HOUSING FACILITY.

(Ord. 14-08-04, passed 11-13-2014)

§ 152.431 RESIDENTIAL FACILITIES FOR PERSONS WITH DISABILITY.

(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 subchapter, and the definition of a disabled person as set forth in this subchapter for the requirements of this section shall govern the same notwithstanding any other provisions of town ordinance.

(B) Purpose. The purposes of this section are:

(1) To comply with UCA Title 10, Chapter 9, § 605 , as amended; and

(2) To avoid discrimination and housing against persons with disabilities as provided in the Utah Fair Housing Act and the Fair Housing Amendments Act as interpreted by the courts having jurisdiction over the town.

(C) Permitted. A residential facility for persons with a disability shall be a permitted use in any zoning district where a dwelling is allowed. Each such 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 dwelling unit 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 a dwelling with similar occupancy density in the same zone.

(3) No facility shall be made available to an individuals who has demonstrated, as a resident, that they:

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

(b) Engage in conduct resulting in substantial physical damage to the property of others.

(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 Town 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 non-transferrable and shall terminate if:

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

(b) The license or certification issued by the Department of Human Services or Department of Health terminates or is revoked; or

(6) In all residential zoning districts (RR-1/2, RR-2, RA), no residential facility for persons with a disability shall exceed four residents not including staff or the family that owns the residence.

(7) In a CC Zoning District, no residential facility for persons with disabilities shall exceed eight and shall be required to obtain a conditional use permit.

(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 Planning and Zoning Board for a conditional use permit. Said applications 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;

(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 wether or not to grant a reasonable accommodation, the Planning and Zoning Board shall use the following factors:

(a) The zoning ordinance applicable to the property;

(b) The parking, traffic and noise impact on the neighborhood if the reasonable accommodation is granted;

(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) Weather or not the accommodation fundamentally alters the town-wide zoning ordinance;

(g) Has the applicant demonstrated that the accommodation will affirmatively enhance the applicant’s life or ameliorate the effects of the applicant’s disability;

(h) Without the accommodation, is similar housing available in the town 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 and Zoning Board shall be sent to the applicant within 90 days.

(4) If a request for a reasonable accommodation is denied, such decision may be appealed to the Town Council.

(Ord. 14-08-04, passed 11-13-2014)

§ 152.432 RESIDENTIAL FACILITIES FOR ELDERLY PERSONS.

(A) Purpose. The purpose of this code is to comply with UCA Title 10, Chapter 9, § 605 , as amended.

(B) Definition. 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 non-transferrable 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. 14-08-04, passed 11-13-2014)

§ 152.433 PROTECTIVE HOUSING, REHABILITATION/TREATMENT FACILITIES (BOTH RESIDENTIAL AND NON-RESIDENTIAL), TRANSITIONAL HOUSING, NURSING HOMES AND ASSISTED LIVING FACILITIES.

(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 110% 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 non-residential), transitional housing, nursing homes, and assisted living facilities are all permitted uses in areas zoned commercial. Non-residential treatment facilities shall not be a permitted use in a RR-1/2, RR-2 or RA Zone, Each permitted facility shall conform to the following requirements.

(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 Town Clerk; and

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

(Ord. 14-08-04, passed 11-13-2014)

§ 152.999 PENALTY.

Any person, firm or corporation (as principal, agent, employee or otherwise) violating, causing or permitting violation of the provisions of this chapter shall be guilty of a misdemeanor, and punishable by not more than six months in jail and/or a fine not to exceed $299. Such person, firm or corporation intentionally violating this chapter shall be deemed to be guilty of a separate offense for each day during which any portion of any violation of this chapter is permitted or continued by such person, firm or corporation, and shall be punishable as herein provided.

(Ord. 03-09-2000, passed 3-3-2000)