The purpose of this chapter is to:

   A.   Comply with section 10-9a-520 of the Utah code; and

   B.   Avoid discrimination in housing against persons with disabilities as provided in the Utah fair housing act and the federal fair housing act as interpreted by courts having jurisdiction in Utah. (Ord. 07-30 § 2)

RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: A residence in which more than one person with a disability resides and which is licensed or certified by:

   A.   The Utah department of human services under title 62A, chapter 2, of the Utah code, licensure of programs and facilities, or

   B.   The Utah department of health under title 26, chapter 21, of the Utah code, health care facility licensing and inspection act. (Ord. 07-30 § 2)

Notwithstanding any contrary provision of this title, a residential facility for persons with a disability shall be a permitted use in any zone where a dwelling is 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. (Ord. 07-30 § 2)

A residential facility for persons with a disability is subject to the following requirements and all other provisions of this chapter:

   A.   The facility shall comply with all building, safety and health regulations which apply to similar structures.

      1.   Each facility shall be subject to the same development standards applicable to similar 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 zoning district in which the facility is located.

   B.   No facility occupied by more than five (5) persons shall be established or maintained within six hundred sixty feet (660'), measured in a straight line between the closest lot or parcel lines, of any one of the following facilities:

      1.   Another residential facility for persons with a disability licensed for the housing of more than five (5) disabled persons;

      2.   A residential facility for the elderly with more than five (5) elderly persons in residence; or

      3.   Protective housing facility; transitional housing facility; assisted living facility; or rehabilitation/treatment facility.

   C.   No facility shall be made available to any individual whose tenancy would constitute a direct threat to the health or safety of other individuals, or result in substantial physical damage to the property of others.

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

      1.   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, and

      2.   Certify in a sworn statement that no person will reside or remain in the facility whose tenancy would constitute a direct threat to the health or safety of other individuals, or result in substantial physical damage to the property of others. (Ord. 07-30 § 2)

   A.   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.

   B.   Any person or entity wanting a reasonable accommodation shall make application therefor to the community development director or designee and shall articulate in writing the nature of the requested accommodation and the basis for the request.

   C.   The community development director, or designee, shall render a written decision on each application for a reasonable accommodation within thirty (30) days. The decision shall be based on evidence of record demonstrating:

      1.   The requested accommodation will not undermine the legitimate purposes of existing zoning regulations notwithstanding the benefit that the accommodation would provide to a person with a disability;

      2.   That, but for the accommodation, one or more persons with a disability likely will be denied an equal opportunity to enjoy housing of their choice; and

      3.   That equal results will be achieved as between the person with a disability requesting the accommodation and a nondisabled person.

   D.   If a reasonable accommodation request is denied, the decision may be appealed as provided in this title. (Ord. 22-33: Ord. 14-10: Ord. 07-30 § 2)

A use permitted by this chapter is nontransferable and shall terminate if:

   A.   The facility is devoted to a use other than a residential facility for persons with a disability; or

   B.   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

   C.   The facility fails to comply with the requirements set forth in this chapter. (Ord. 07-30 § 2)