1. For the purposes of this section, certain terms and words are defined and are used in this title in that defined context. Any words in this title not defined in this title or chapter shall be as defined in Webster's Collegiate Dictionary. If terms in this title are defined differently than in this chapter, then the definition in this chapter shall govern this chapter.
2. As used in this section, the following words shall be defined as follows:
   1. ELDERLY shall mean a person who is 60 years or older.
   2. DISABILITY shall mean with respect to a person, a person who has a physical or mental impairment which substantially limits one or more of that person's major life activities or has a history of having such an impairment.
   3. RESIDENTIAL CARE/TREATMENT FACILITY, when not used in specific context in relations to a particular type of facility, a residential care/treatment facility shall include a residential care facility for elderly persons, a residential treatment facility for persons with a disability, a residential transition and treatment facility, or a transitional victim home.
   4. RESIDENT: Resident shall mean persons living at and receiving the benefit of services and facilities provided by a group home/residential facility, excluding staff and care providers.
   5. RESIDENTIAL CARE FACILITY FOR ELDERLY PERSONS shall mean a residential facility in which four, but not more than eight, unrelated elderly individuals reside in a family type arrangement or in a care facility arrangement and have live-in care providers who are paid to assist and care for the residents, and;
      1. Is licensed or certified by the Department of Human Services under UCA Title 62A, Chapter 2, Licensure of Programs and Facilities; or
      2. Is licensed by the Department of Health under UCA Title 26, Chapter 21, the Health Care Facility Licensing and Inspection; and
      3. A residential home occupied by three or less unrelated elderly residents shall not be considered a residential care facility for elderly persons.
   6. RESIDENTIAL FACILITY FOR PERSONS WITH DISABILITY shall mean a residential facility in which no more than eight unrelated individuals who have a disability reside and:
      1. Where treatment services for disabilities are provided to residents such as counseling, therapy, group support and rehabilitation therapies; and
      2. Is licensed or certified by the department of human services under UCA Title 62A, Chapter 2, Licensure of Programs and Facilities; or
      3. Is licensed by the department of health under Utah Code Annotated.
   7. RESIDENTIAL TRANSITION AND TREATMENT FACILITY shall mean a residential facility that provides a living environment for no more than eight unrelated individuals, exclusive of staff, and:
      1. Is established or maintained with the intent of providing structured peer support to residents with disabilities in an effort to assist residents acquire and strengthen social and behavioral skills necessary to transition into successful independent living; and
      2. Is licensed or certified by the Department of Human Services under UCA Title 62A, Chapter 2, Licensure of Programs and Facilities; or
      3. Is licensed by the Department of Health under UCA Title 26, Chapter 21, the Health Care Facility Licensing and Inspection Act; and
      4. This definition shall be interpreted to include residential facilities which provide counseling and rehabilitation therapy as well as such residential facilities that do not provide such services.
   8. TRANSITIONAL VICTIM HOME means a residential support facility for up to eight individuals or four families (parent with children) at any given time, and said facility is licensed by the state of Utah as a residential support facility, which provides 24-hour care and peer support to victims of abuse or crime and which arranges for or provides the necessities of life and protective services to residents who are temporarily displaced due to abuse, crime, or other emergency.
      1. Treatment is not a necessary component of a transitional victim home, but may be provided if the facility and providers are properly licensed by the state.

(Am. Ord. passed 4-13-2021)

1. A residential care facility for elderly persons shall be a permitted use in all residential zones and require site plan approval by the Land Use Authority.
2. Prior to approval of the site plan, the owner/operator of a residential care facility for elderly persons shall obtain a residential care/treatment facility license from Mona City pursuant to the requirements of MCC Title 3.
3. The facility shall conform to all applicable building, fire, health and safety codes and requirements for facilities of this type and for the zoning in which they are constructed.
4. The structure shall be capable of use as a residential care facility for elderly persons, which includes being fully handicap accessible, without structural or landscaping alterations that would change the residential character of the structure. A site plan must be submitted showing any alteration of the structure or landscaping. Any alterations to the structure or landscaping must be approved by the Land Use Authority before a permit is issued.
5. Occupancy of the structure shall be such that each resident is provided adequate personal space. A residential facility shall ensure that each bedroom space in the facility has a floor area, exclusive of closet space, of at least 74 square feet for initial occupant and an additional 50 square feet for each other occupant of this space.
6. The facility shall meet the standard parking requirements for the zone in which it is located. However, a minimum of three off-street parking spaces shall be provided at the facility even if the standard parking requirements for the zone in which the facility is constructed would require fewer spaces for another use in that zone.
7. No portion of the facility's front and side yard setbacks shall be used to provide parking spaces as required by this section without prior approval of the Land Use Authority. Any use of the yard as parking space shall not change the residential character of the property.
8. The facility shall comply with all applicable state and federal laws, including laws related to access.

(Am. Ord. passed 4-13-2021)

1. Residential treatment facilities for persons with a disability shall be a permitted use in all residential zones, and requires site plan approval by the Land Use Authority.
2. Prior to approval of the site plan, the owner/operator of a residential treatment facility for persons with a disability shall obtain a residential care/treatment facility license from Mona City pursuant to the requirements of MCC Title 3.
3. The facility shall conform to all applicable building, fire, health and safety codes and requirements for facilities of this type and for the zoning in which they are constructed.
4. The structure shall be capable of use as a residential treatment facility for persons with a disability, which includes being fully handicap accessible, without structural or landscaping alterations that would change the residential character of the structure. A site plan must be submitted showing any alteration of the structure or landscaping. Any alterations to the structure or landscaping must be approved by the Land Use Authority before a permit is issued.
5. Occupancy of the structure shall be such that each resident is provided adequate personal space. A residential facility shall ensure that each bedroom space in the facility has a floor area, exclusive of closet space, of at least 74 square feet for initial occupant and an additional 50 square feet for each other occupant of this space.
6. The facility shall meet the standard parking requirements for the zone in which it is located. However, a minimum of three off-street parking spaces shall be provided at the facility even if the standard parking requirements for the zone in which the facility is constructed would require fewer spaces for another use in that zone.
7. No portion of the facility's front and side yard setbacks shall be used to provide parking spaces as required by this section without prior approval of the Land Use Authority. Any use of the yard as parking space shall not change the residential character of the property.
8. The facility shall comply with all applicable state and federal laws, including laws related to access.

(Am. Ord. passed 4-13-2021)

1. A residential transition and treatment facility shall be a permitted use in all residential zones and requires site plan approval by the Land Use Authority.
2. Prior to approval of the site plan, the owner/operator of a residential transitional treatment facility shall obtain a residential care/treatment facility license from Mona City pursuant to the requirements of MCC Title 3.
3. The facility shall conform to all applicable building, fire, health and safety codes and requirements for facilities of this type and for the zoning in which they are constructed.
4. The structure shall be capable of use as a residential transition and treatment facility, which includes being fully handicap accessible, without structural or landscaping alterations that would change the residential character of the structure. A site plan must be submitted showing any alteration of the structure or landscaping. Any alterations to the structure or landscaping must be approved by the Land Use Authority before a permit is issued.
5. Occupancy of the structure shall be such that each resident is provided adequate personal space. A residential facility shall ensure that each bedroom space in the facility has a floor area, exclusive of closet space, of at 74 square feet for initial occupant and an additional 50 square feet for each other occupant of this space, but in no case shall the group home have any more than eight residents at any given time.
6. The facility shall meet the standard parking requirements for the zone in which it is located. However, a minimum of three off-street parking spaces shall be provided at the facility even if the standard parking requirements for the zone in which the facility is constructed would require fewer spaces for another use in that zone.
7. No portion of the facility's front and side yard setbacks shall be used to provide parking spaces as required by this section without prior approval of the Land Use Authority. Any use of the yard as parking space shall not change the residential character of the property.
8. The facility shall comply with all applicable state and federal laws, including laws related to access.

(Am. Ord. passed 4-13-2021)

1. A transitional victim home shall be a permitted use in all residential zones and shall receive site plan approval from the Land Use Authority.
2. Each transitional victim home is subject to state licensing procedures and must provide the city proof of a valid license issued by the Utah State Division of Licensing and compliance with Department of Human Services standards.
3. The transitional victim home shall conform to all applicable building, fire, health and safety codes and requirements for facilities of this type and for the zoning in which they are constructed.
4. The structure shall be capable of use as a transitional victim home without structural or landscaping alterations that would change the residential character of the structure. A site plan must be submitted showing any alteration of the structure or landscaping. Any alterations of the structure or landscaping must be approved by the Land Use Authority before a permit is issued.
5. Occupancy of the structure shall be such that each resident is provided adequate personal space. A residential facility shall ensure that each bedroom space in the facility has a floor area, exclusive of closet space, of at least 74 square feet for the initial occupant and an additional 50 square feet for each other occupant of this space, but in no case shall the group home have any more than eight individuals or four families (parent with children) at any given time.
6. The facility shall provide one off-street parking space for each sleeping room, plus adequate parking for visitors and staff. In no case shall the facility provide less than three off-street parking spaces.
7. No portion of the transitional victim home's front and side yard setbacks shall be used to provide parking spaces as required by this section without prior approval of the Land Use Authority. Any use of the yard as parking space shall not change the residential character of the property.
8. The transitional victim home shall comply with all applicable state and federal laws, including laws related to access.

(Am. Ord. passed 4-13-2021)

1. An application for a new facility provided for in this chapter shall include a site plan and all necessary documentation showing compliance with the applicable subsection under which the application is being submitted.
2. Upon determination of compliance with all of the applicable requirements, the application may be approved by the Land Use Authority. However, where in the opinion of the Land Use Authority, the information provided by the applicant is insufficient to show compliance with the requirements of this chapter, the application may be denied.
3. If the application is denied, the city shall provide the applicant written notice of the decision to deny the application and shall be provided either in person or by first class mail within five days of the decision.

(Am. Ord. passed 4-13-2021)

1. Once the Land Use Authority has determined to grant or deny an application for a residential care/treatment facility, it shall provide notice of such decision to the applicant or any interested party who has requested such notice.
2. The applicant, or an interested party, may appeal the decision of the Land Use Authority to the City Council.
3. Notice of an appeal shall be filed with the City Recorder within 15 days of the Land Use Authority's decision. The City Council may not act upon the appeal of a Land Use Decision decision until notice of the hearing as required by the city code and state law is properly given.
4. Any decision by the City Council on an appeal of a denial of an application for a residential care facility for elderly persons, residential treatment for persons with a disability, residential transition and treatment facility, and transitional victim home shall:
   1. Be issued in writing within ten days of the City Council meeting at which the appeal was heard;
   2. Set forth the findings of City Council; and
   3. Be delivered in person or by first-class mail to the applicant and/or appellant.

(Am. Ord. passed 4-13-2021)