Midway City Zoning Code

The purpose of this section is to:

1. Comply with Utah Code Annotated.
2. 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. This section does not create a separate zone for such facilities but applies to all residential zones within Midway City. 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 below, the requirements of this Chapter shall govern the same, notwithstanding any conflicting provision of this Title or the Midway City Municipal Code. Except as provided herein, the requirements of this Chapter shall not be construed to prohibit or limit other applicable provisions of this Title, the Midway City Municipal Code, or other local, County, State or Federal laws.

1. Residential Treatment. An operation licensed by the State of Utah as “Residential Treatment” as a 24-hour group living environment for not more than eight (8) individuals unrelated to the owner or provider that offers room or board and specialized treatment, rehabilitation or habilitation services for persons with emotional, psychological, developmental, or behavioral dysfunctions, impairments, or chemical dependencies. In residential treatment, individuals are assisted in acquiring the social and behavioral skills necessary for living independently in the community
2. Residential Facility for Elderly Persons. A dwelling unit owned by a resident thereof or an immediate family member of a resident, or for which the title has been placed in a trust for a resident; and is voluntarily occupied on a twenty-four (24) hour per day basis by not more than eight (8) elderly persons in a family-type arrangement. A “residential facility for elderly persons” does not include any facility:
   1. Operated as a business; provided that such facility shall not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility;
   2. Where persons are placed:
      1. For alcoholism or drug abuse treatment; or
      2. As part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility;
      3. Which is a health care facility as defined by the Utah Code, as amended; or
      4. Which is a residential facility for persons with a disability.
3. Residential Facility for Persons with a Disability. A dwelling unit or other place in which not more than eight (8) persons with a disability reside together with up to two additional qualified persons acting as resident staff, houseparents’ or guardians, and if required by State law, is licensed or certified by:
   1. the Utah Department of Human Services under the Utah Code, Licensure of Programs and Facilities; or
   2. the Department of Health under the Utah Code, Health Care Facility Licensing and Inspection Act.

1. Permitted Uses. Notwithstanding any contrary provision of this Title, a Residential Facility for elderly persons and a Residential Facility 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 of Section 16.27.050.
2. Termination. A use permitted by this Section 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,
   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.

In addition to other information required by the Midway City Municipal Code, the following information must be submitted with the business license application for a residential facility. Additional information may be requested to aid in that review.

1. A statement of the specific type of facility (as defined by State regulations) the applicant seeks to operate and by which State agency it is regulated.
2. The minimum and maximum number of residents who will live at the Residential Facility, and the minimum and maximum number of both resident and non-resident staff.
3. The complete name of the business, the type of business entity and whether the business is a for-profit or non-profit organization.
4. The typical or average length of stay of the residents.

The development standards set forth in this Section shall apply to any residential facility for elderly persons or residential facility for persons with a disability.

1. Building, Safety and Health Regulations. The facility shall comply with building, safety, and health regulations applicable to similar residential structures within the residential zone in which the facility is located.
   1. Each facility shall be subject to the same development standards applicable to similar residential 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 zone in which the facility is located.
2. 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.
   2. Result in substantial physical damage to the property of others.
3. Prohibited. A Residential Facility for persons with a disability or a Residential Facility for elderly persons that would likely create a fundamental change in the character of a residential neighborhood is not allowed. Based on the studies and attached findings, an application that meets the conditions set forth in the definition Section 16.18.020 does not create a fundamental change in the character of a residential neighborhood.

Prior to occupancy of any facility, the person or entity operating the facility shall:

1. State License. Provide to the City a copy of any license or certification required by the Utah State Department of Health or the Utah State Department of Human Services, including any policies or procedures that are required under state law.
2. Certification Requirements. Certify in a sworn statement that no person will reside or remain in the facility whose tenancy would:
   1. Constitute a direct threat to the health or safety of other individuals.
   2. Result in substantial physical damage to the property of others.
3. City License. Obtain a Midway City Business License if any sort of license or certification is required by the Utah State Department of Health or the Utah State Department of Human Services.
4. Compliance/Renewal. Any such facility must comply with all Federal, State, County and City regulations. At the time of renewal, the applicant must provide copies of all necessary certifications/re-certifications or licenses as required by State regulations.

1. Reasonable Accommodation Required. In accordance with the Americans with Disabilities Act, the Fair Housing Act, Fair Housing Amendments Act and applicable law, none of the requirements of this Chapter shall be interpreted to limit any accommodation which is reasonable and necessary to allow the establishment or occupancy of a residential facility for persons with a disability.
2. Request for Accommodation. Any person or entity may request an accommodation after being informed that an existing or proposed: (i) residential facility for persons with a disability; or (ii) business license application or building permit application for a residential facility for persons with a disability, does not comply with the requirements of the Midway City Municipal Code (collectively a “Denial”). The application shall be submitted to the City Planner, shall articulate in writing the nature of the requested accommodation and the basis for the request, and shall include all other information relevant to the request. The requested accommodation must relate to the use of the property so that it may be enjoyed as other similar situated properties in the same zone. Once a request for accommodation is received by the City Planner, it shall be submitted to the Review and Hearing Process set forth in 16.27.080 below within seven business days of receipt. In the event that the City Planner receives no request for accommodation within the thirty (30) day period after a Denial, the City Planner shall submit the information received in the initial application to the Review and Hearing Process set forth in 16.18.080 below, unless the applicant specifically waives their right to the process in writing.

A hearing officer with demonstrated experience as a hearing officer and knowledge of the Americans with Disabilities Act or Fair Housing Act, shall be appointed by the Mayor with the advice and consent of the City Council, to review the request for accommodation. Additional information may be requested by the hearing officer to aid in that review.

1. Hearing Officer Scheduling of Hearing. The hearing officer shall review the request for accommodation within ten business (10) days after receipt of the written request by the City Planner. The hearing officer shall determine whether additional information is needed from the City Planner, the person or entity making the request, or both.
   1. If additional information is needed, the hearing officer shall notify the City Planner and the person or entity making the request within seven (7) days after receipt of the written request from the City Planner. The City Planner and requesting person or entity shall have seven (7) days to submit the requested information, or such reasonable additional time as approved by the hearing officer. The hearing officer shall determine within three (3) days after receipt of additional information whether the submission is responsive to the hearing officer’s request.
   2. If no additional information is needed or if the hearing officer receives the requested additional information, the hearing officer shall schedule a hearing. The hearing officer shall provide written notice of the hearing date and time to the person or entity requesting the accommodation and the City Planner. Unless otherwise agreed to by the person or entity requesting the accommodation and the City Planner, the hearing officer shall hold the hearing within fourteen (14) days after the hearing officer determines that all requested information has been received and no additional information is needed. Unless agreed upon by the person or entity requesting the accommodation and the City Planner, the hearing shall be held no more than forty-five (45) days after receipt of the request by the City Planner. If the hearing officer has not received all requested information at that time, the hearing officer may continue the hearing or deny the request based on insufficient information.
2. Findings. The hearing officer shall make a determination and prepare written findings within seven days after the hearing.
   1. At a minimum, the written findings shall address the following issues: (i) whether the requested accommodation(s) is reasonable; (ii) whether the requested accommodation is necessary for financial and therapeutic viability; (iii) whether the facility with the requested accommodation(s) is or is not likely to create a fundamental change in the character of the residential neighborhood; and (iv) other findings in support of the hearing officer’s determination.
   2. The hearing officer shall mail a copy of the written determination and findings to the City Planner and the person or entity requesting the accommodation along with a letter notifying the City Planner and the person or entity requesting the accommodation that the decision is final and may be appealed to a court of competent jurisdiction.
   3. The hearing officer shall forward a copy of the decision to the Mayor, the City Recorder and the City Council.
3. Appeal. The determination of the hearing officer shall be final and may be appealed to a court of competent jurisdiction.

A Residential Facility for Persons with a Disability shall not include facilities which house persons who are violent, who are not voluntarily residing therein, or who are residing therein as a part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility.

(2018-12, Section Added, eff. 04/11/18)