A. Application; Fee: Any person, business or entity desiring to establish a juvenile group home shall obtain approval by following the procedures set forth herein. This process shall be initiated by submitting an application for a conditional use permit to the city and paying the applicable fee as determined by the city fee schedule.

B. Plans And Information Required: The application shall include sufficiently detailed site plans, building plans or remodeling plans, and other information necessary to determine compliance with building, safety and health regulations and standards applicable to similar facilities. The planning commission shall review the site and building or remodeling plans and specify any modifications and improvements required to bring the structure and site into compliance with all applicable local and state codes. Additionally, the facility shall conform to all applicable building, fire, health and safety codes and requirements for facilities of this type.

C. Space Requirements: 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 seventy four (74) square feet for the initial occupant and an additional fifty (50) square feet for each other occupant of this space. In the event that state laws, regulations or guidelines exceed these requirements, compliance with state requirements shall be enforced.

D. State Requirements: The applicant must verify compliance with all applicable requirements, regulations and standards of the state department of human services governing the licensing and operation of juvenile group homes.

E. Public Hearing; Notice: The planning commission shall hold a public hearing for the purpose of receiving public input regarding the application and for final approval. At least fourteen (14) days before the public hearing, the applicant shall provide written notification, either in person or by first class mail, to property owners within one thousand feet (1,000') of the proposed site of the group home.

F. Final Approval: The planning commission shall be the final approving authority, subject to the applicant’s right of appeal pursuant to MPMC 10.40.040. Upon determination of compliance with all of the requirements of this section, the planning commission shall provide notice of approval for the proposed facility; however, where, in the opinion of the planning commission, the information provided by the applicant is insufficient or the facility is not in compliance with the requirements of this section, the application may be denied.

G. Issuance Of Permit; Renewal: Upon receipt of approval by the planning commission, the operator of the juvenile group home shall be eligible to secure an annual group housing permit from the city. Said permit shall be valid for one calendar year and shall be renewed annually subject to:

H. Permit Nontransferable And Terminable: A permit to operate a juvenile group home shall be:

I. Distance To Similar Facilities: In order to promote the deinstitutionalization and integration of residents of group homes into the community and to enable them to function and contribute to the community, the planning commission may require that juvenile group homes not be located within one thousand feet (1,000') of another residential facility for persons with a disability, residential facility for the elderly or a juvenile group home.

J. Parking Requirements: The facility shall provide one off street parking space for each sleeping room, plus adequate parking for visitors and staff as determined by the planning commission in accordance with applicable city codes. The facility shall at a minimum provide three (3) parking spaces. Tandem parking will not be considered in this determination.

K. Violent Persons Prohibited: No person who is violent will be placed in a juvenile group home.

L. Supervision: The operator of the facility will provide assurances that the residents of the facility will be properly supervised on a twenty four (24) hour basis.

M. Voluntary Placement Required: Placement in the facility is on a strictly voluntary basis and is not part of or in lieu of, confinement, rehabilitation or treatment in a correctional facility.

N. Placement For Abuse Prohibited: No person being treated for alcoholism or drug abuse be placed in a juvenile group home.

O. Insurance: The group home operator shall provide the city proof of adequate insurance for the program’s vehicles, hazard insurance on the home, and liability insurance to cover residents and third party individuals.

P. Community Advisory Committee: The operator of the facility shall establish a community advisory committee which shall address complaints and concerns of neighbors. Each complaint must be documented by the operator and forwarded to the mayor, or his or her designee, along with a written plan of action on how the concern will be resolved. The committee shall consist of two (2) persons who either own property or reside within one thousand feet (1,000') of the juvenile group home and who shall be appointed by the city, one representative from the city, and one representative appointed by the juvenile group home.

Q. Department Of Human Services: The responsibility to license programs or entities which operate juvenile group homes, as well as to require and monitor the provision of adequate services to persons residing in those facilities, shall rest with the department of human services as provided in Utah Code Annotated title 62A, chapter 2.

A. Upon denial of an application for a juvenile group home, the applicant shall have ninety (90) days to file an appeal of the decision of the planning commission directly to the city council.

B. The applicant shall file a notice of appeal with the mayor, or his or her designee, at least fourteen (14) days before the city council meeting to allow a hearing to be placed on the city council agenda.

C. At least fourteen (14) days before city council hears the appeal of the application for the group home, the applicant shall provide written notification of the appeal, either in person or by first class mail, to all citizens living within or owning property within one thousand feet (1,000') of the proposed site of the group home.

D. Any decision by the city council on an appeal of a denial of an application for a juvenile group home, shall: