Mount Pleasant City Zoning Code
10.38 Residential
Facilities for Persons With Disability
10.38.010 WHERE PERMITTED.
Notwithstanding any other provision of this title to the contrary, residential facilities for persons with a disability, as defined in Utah Code Annotated section 10-9a-520, are a permitted use in any area where residential dwellings are allowed, except an area zoned to permit exclusively single-family dwellings.
10.38.020 PERMIT PROCESS.
Upon application for a permit to establish a residential facility for persons with a disability, to obtain a permit for a residential facility for persons with a disability, it shall only be required that:
A. The facility meet all applicable building, safety, zoning and health ordinances applicable to similar dwellings;
B. The operator of the facility provide assurances that the residents of the facility will be properly supervised on a twenty four (24) hour basis;
C. The operator of the facility establish a municipal advisory committee through which all complaints and concerns of neighbors may be addressed;
D. The operator of the facility provide adequate off street parking space;
E. The facility be capable of use as a residential facility for persons with a disability without structural or landscaping alterations that would change the structure’s residential character;
F. No residential facility for persons with a disability be established within three-fourths (3/4) of a mile of another residential facility for persons with a disability or residential facility for elderly persons, as defined by Utah Code Annotated section 10-9a-516 et seq.;
G. No person being treated for alcoholism or drug abuse be placed in a residential facility for persons with a disability;
H. No person who is violent be placed in a residential facility for persons with a disability;
I. Placement in a residential facility for persons with a disability be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional facility.
10.38.030 EXTENT PERMITTED IN AREAS ZONED EXCLUSIVELY FOR SINGLE-FAMILY DWELLING USE.
Subject to the granting of a conditional use permit, a residential facility for persons with a disability shall be allowed in any municipal zoning district that is zoned to permit exclusively single-family use, if that facility:
A. Conforms to the requirements of MPMC 10.38.020; and
B. Conforms to other criteria adopted by ordinance, if any, governing the location of residential facilities for persons with a disability in areas zoned to permit exclusively single-family dwellings.
10.38.040 PERMIT NONTRANSFERABLE AND TERMINABLE.
The uses granted and permitted by this chapter are nontransferable and terminate if the structure is devoted to a use other than a residential facility for persons with a disability or if the structure fails to comply with one or more of the requirements of MPMC 10.38.020 in the case of facilities in areas not zoned for exclusively single-family dwellings, or if the structure fails to comply with one or more of the requirements of MPMC 10.38.030 in the case of facilities in areas zoned exclusively for single-family dwellings or with other applicable health, safety and building codes.
10.38.050 DISCRIMINATION PROHIBITED.
Discrimination against persons with a disability and against residential facilities for persons with a disability is prohibited. The decision to grant or deny a permit to a residential facility for persons with a disability must be legitimate land use criteria and may not be based on the disabling condition of the facility’s residents.