Millcreek City Zoning Code

The purpose of this chapter is to:

1. Balance local zoning considerations with state and federal mandates including those that may require a reasonable accommodation for disabled persons living together in a group housing arrangement in a residential neighborhood.
2. Avoid discrimination in housing against persons with disabilities as provided in the Utah Fair Housing Act and the federal Fair Housing Act, as amended, as interpreted by the courts having jurisdiction over the City.

The requirements of this chapter apply to any facility, residence, group home or other congregate housing arrangement for Persons With a Disability notwithstanding any conflicting provision in this title or any other section of this Code.

Residential Facilities for Persons With a Disability require a license or certification by the Utah Department of Health and Human Services as a Human Services Program or Facility, or as a Health Facility, and is subject to the requirements as set forth in Utah Code Section 26B-2-1-101 et seq. and the Utah Administrative Code.

1. Subject to the provisions of this chapter, and notwithstanding any contrary provision of this title, a residential facility for Persons With a Disability shall be a permitted use in any zone where similar residential dwellings that are not residential facilities for Persons With a Disability are allowed. A residential facility for Persons With a Disability that would likely create a fundamental change in the character of the neighborhood may be excluded from a zoning area. A residential facility for Persons With a Disability shall be a permitted use in any zoning district where a dwelling is allowed, subject to the occupancy limits established for the relevant zone.
2. No Permit Required. Four or less unrelated individuals who share housekeeping responsibilities in a single dwelling do not require a zoning permit but function as a "household," as set forth in MKZ 18.97, Definitions.
3. Notice of Intent. Prior to submitting an application to the Utah Department of Health and Human Services for a license to operate a Residential Facility for Persons With a Disability, and prior to submitting an application for a Permitted Use Approval for a Residential Facility for Persons With a Disability with the City, the applicant shall provide notice to the Mayor, of its intent to operate a Residential Facility for Persons With a Disability. The Notice of Intent shall include the following information relating to the Residential Facility for Persons With a Disability:
   1. An accurate description of the Residential Facility for Persons With a Disability;
   2. The location where the Residential Facility for Persons With a Disability will be located;
   3. The services that will be provided by the Residential Facility for Persons With a Disability;
   4. The type of clients that the Residential Facility for Persons With a Disability will serve;
   5. The category of license for which the Residential Facility for Persons With a Disability is applying;
   6. The name, telephone number, and address of a person that may be contacted to make inquiries about the Residential Facility for Persons With a Disability; and
   7. Any other information that the Utah Department of Health and Human Services may require by administrative rule.
4. The Planning Director, with the assistance of the City Attorney, shall consider requests for a permitted use/reasonable accommodation determination for a residential facility for Persons With a Disability ("facility"). An application for a Reasonable Accommodation determination for Residential Facilities for Persons With a Disability must be submitted following the procedure as set forth in MKZ 18.15.030 (F). The Planning Director shall approve a complete application for a land use permit for the facility in any zone, including residential zones where only single household dwellings are a permitted use, provided:
   1. The facility meets or will meet all program, physical facility, and licensure requirements of the state department of human services and/or department of health.
   2. Except as otherwise provided in this chapter, buildings and uses shall meet all applicable City development standards, licensing, and zoning requirements, unless a reasonable accommodation is requested.
   3. The facility shall not house persons who are involuntarily residing therein or who are residing therein as a part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility.
   4. The facility shall not be made available to or occupied by any person whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
   5. The facility, if located in residential zone, shall be capable of use as a facility without structural or landscaping alterations that would change the structure's residential character or appearance. Any new or remodeled structure constructed for use as a facility shall be of a size, scale and design that is in harmony with other residential uses in vicinity and shall not create a fundamental change in the residential character of the neighborhood in which it is proposed to be located.
5. Procedure. An application for a Reasonable Accommodation Determination shall follow the application procedure as set forth in MKZ 18.15.030 (F). As part of a Permitted Use Approval or a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability, the City shall conduct an inspection of the building and property for which a Permitted Use Approval or Reasonable Accommodation Determination is sought, prior to issuing a Site Plan Approval.
6. Institutional Uses. Consistent with the International Building Code, residential facilities designed to house more than sixteen individuals constitute "institutional facilities" that are likely to change the character of a single household residential neighborhood. The only residential zone where an application for an institution serving more than sixteen residents may be approved is in a zone that allows multi-household dwellings as a conditional or permitted use.
7. Parking. Parking for a Residential Facility for Persons With a Disability shall follow the standards as set forth in MKZ 18.63.020 (C).

1. 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; provided, however, that an accommodation cannot be granted to waive a material zoning requirement (such as lot coverage, parking, setback or height standards), as reasonably determined by the Planning Director; to diminish the required spacing of such facilities as established in MKZ 18.63, Parking and Mobility Standards; to waive a requirement of the International Building Code or the International Residential Code, as amended in the State of Utah; or to increase the maximum number of occupants of such facilities above the limit specified in MKZ 18.74.040 (D).
2. If a reasonable accommodation is requested, the applicant shall provide sufficient evidence that the requested accommodation is necessary to allow disabled individuals reasonable, non-discriminatory, federally mandated housing opportunities in the relevant zone. Evidence may include information relating to the history, management, financial feasibility, and therapeutic benefits/needs of the facility and persons residing in the care facility, and applicable law. The applicant shall submit an application for a Reasonable Accommodation Determination for Residential Facilities for Persons with a Disability, following the procedure as set forth in MKZ 18.15.030 (F).
3. Review of an application for a Reasonable Accommodation Determination for Residential Facilities for Persons With a Disability shall follow the criteria as set forth in MKZ 18.15.030 (F).
4. In no case shall a reasonable accommodation be approved, that if the premises are vacated or the facility no longer exists at the approved location, the remaining structure or use would become nonconforming in the zone in which it is located.

To avoid excessive traffic, on-street parking, and related impacts that could alter a neighborhood’s residential character, day treatment for non-residents shall not be permitted in Residential Facilities for Persons With a Disability in the R-1 or R-2 residential zones.

Any person adversely affected by a final decision of the zoning authority may appeal that decision to the Land Use Hearing Officer (LUHO), subject to the standards as set forth in MKZ 18.04, Appeals.