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Parowan City Zoning Code

15.62 Juvenile

Group Homes

15.62.010 Definitions

As used in this Section:

  1. "Juvenile Group Home" shall be defined as a 24-hour group living environment for adolescents under the age of 18, unrelated to an owner or operation within the standard (3) degrees of consanguinity, which offers room, board or services to residents within the facility.
  2. "Violent" shall be defined as any felony violation of Utah Code 76.60.1030, aggravated arson; Utah Code 76.50.1030 (1)(a), aggravated assault, involving intentionally causing serious bodily injury to another; Utah Code 76.50.3020, aggravated kidnapping; Utah Code 76.70.2030, aggravated burglary; Utah Code 76.60.3020, aggravated robbery; Utah Code 76.50.4050, aggravated sexual assault; Utah Code 76.10.5080, discharge of a firearm from a vehicle; Utah Code 76.50.2020, attempted aggravated murder; Utah Code 76.50.2030, attempted murder; or any other offense involving the use of a dangerous weapon which would be a felony if committed by an adult.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.62.020 Application And Permit

The establishment of a juvenile group home shall be subject to the application and authorization of a conditional use permit which shall be approved by the Parowan City Council after preliminary approval or disapproval has been obtained from the Parowan City Planning Commission. The Parowan City Council, prior to acting on the application, shall receive a recommendation from the Planning Commission and entertain public comment at a duly noticed public hearing.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.62.030 Special Permit Standards And Approval Process

  1. 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 to the Parowan City Offices and paying a fee in the amount of Four Hundred Dollars ($400). The Applicant shall further provide the Parowan City Office with five (5) courtesy copies prior to review by the Planning Commission and seven (7) courtesy copies prior to review by the Parowan City Council.
  2. 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 dwellings. The Planning Commission shall review the site and building or remodeling plans and specify any modifications and improvements necessary to bring the structure and site into compliance with applicable local and state codes. If the proposed group home is to be established in a residential structure, said structure shall be capable of use as a juvenile group 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 and any alteration must be approved by the Planning Commission before a conditional use permit is approved. Additionally, the facility shall conform to all applicable building, fire, health, and safety codes and requirements for a facility of this type as set forth under state uniform codes.
  3. The applicant shall obtain from the Parowan City Fire Department and acknowledgment that the structure complies with the Uniform Fire Code as adopted under Title 53, Chapter 7, Section 106, Utah Code Ann., 1953 as amended.
  4. 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, excluding closet space, of at least 110 square for the initial occupant and an additional 50 square feet for each additional occupant in the bedroom.
  5. The applicant must verify compliance with all applicable requirements, regulations and standards of the Department of Human Services of the State of Utah governing the license and operation of juvenile group homes.
  6. The application shall be submitted to the Planning Commission for the purpose of a public hearing to receive public input regarding the application and for final approval at least thirty (30) days prior to the hearing. At least fourteen (14) days before the public hearing, the applicant shall provide written notification, either in person or by certified mail, return receipt requested, to all citizens living within or owning property within 1,000 feet of the proposed group home site.
  7. The applicant shall obtain a letter from the Police Department stating that sufficient safety precautions have been established to assure both the safety of Parowan City citizens as well as the youth group home residents. The applicant shall be required to address any concerns of the Police.
  8. The applicant shall agree to obtain a written undertaking with at least one surety and provide the City of Parowan with a Certificate of Bond for not less than $100,000 to insure the safety of Parowan Citizens and to guarantee sufficient compensation for any damages caused by any resident(s) of the juvenile group home.
  9. The Parowan City Council shall be the final approving authority, subject to the applicant’s right of appeal to the Board of Adjustments. Upon determination of compliance with all the requirements of this section, the Parowan City Council shall provide notice of approval for the proposed facility. However, where, in the opinion of the Parowan City Council, 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.
  10. Upon receipt of approval by the Parowan City Council, the operator of the juvenile group home shall be eligible to secure an annual group housing permit from Parowan City. Said permit shall be valid for one (1) calendar year and shall be renewed annually subject to:
    1. the receipt of a renewal application that shall include the information and certification required under this section for each of the occupants as of the date of renewal; and b) a finding by the Parowan City Council that during the preceding year he group home has been operating in compliance with the terms of this section and any other conditions of approval.
  11. A permit to operate a juvenile group home shall be:
    1. non-transferable; and
    2. shall terminate if, at any time, it is demonstrated to the Parowan City Council that:
      1. the structure is devoted to use other than the juvenile group home; or
      2. the structure fails to comply with the requirements of this section; or
      3. The program has failed to operate in accordance with the requirements of this section.
  12. If the Parowan City Council specifically finds that the tenancy of an individual in a juvenile group home would constitute or oppose a direct or serious threat to the health or safety of other individuals, or whose tenancy would result in substantial physical damage to the property of others, based on the reasonable medical judgment of health care professionals, it may impose appropriate conditions or deny the occupancy to that individual. The Parowan City Council shall have the authority to request sufficient information to make an informed judgment with respect to this provision, but such information shall not become a matter of public record and shall be obtained in a manner with respect to the privacy of the individual resident or occupant of the facility including the right to discuss the individual’s information in an executive session. The applicant’s to provide such information shall be justification for a denial of occupancy of the individual in question. Failure to provide the information required herein shall also constitute sufficient cause to revoke the conditional use permit.
  13. 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 residential neighborhood, the Parowan City Council may require that juvenile group homes not be located within ½ of a mile of another existing residential facility for persons with a disability, residential facility for the elderly or another juvenile group home.
  14. The facility shall provide one off-street parking space for each staff member plus an additional minimum of three (3) parking spaces for visitors and guests. Tandem parking shall not be considered in this determination. No portion of the group home’s yard shall be used to provide parking space as required without prior approval of the Parowan City Council. Any use of the yard as parking space shall not change the residential character of the property if the propose group home is located in a previously-existing residential structure.
  15. No person who is violent shall be placed in a juvenile group home.
  16. The operator(s) of the facility shall provide assurances that the residents of the facility will be properly supervised on a 24-hour basis and the juvenile group home shall contain sufficient safety mechanisms to insure proper tracking of the residents. No more than two (2) minor children for each adult staff member shall reside in the group home, and no more than four (4) minor children shall reside in a group home at one time. This provision shall not be construed to apply to any state operated youth correctional facility.
  17. 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.
  18. The applicant must obtain and maintain all licenses from the State of Utah Department of Human Services required to operate a juvenile group home and provide the City of Parowan with proof of such licenses.
  19. The applicant shall obtain a business license in accordance with PCMC Title 5, et seq., from the Parowan City Recorder prior to the commencement of operating the juvenile group home.
  20. The group home operator shall provide the City with proof of adequate insurance of the programs vehicles, hazard insurance on the home, and liability insurance to cover residents and third-party individuals.
  21. 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 operator and forwarded to the Parowan City Office, 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 1,000 feet of the juvenile group home and who shall be appointed by the City, one (1) representative from the City and one (1) representative appointed by the juvenile group home.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.62.040 Responsibility To License

The responsibility to license programs or entities which operate a juvenile group home, 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 62A-2-114.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

15.62.050 Currently Existing Group Homes

Any juvenile group home currently existing within the jurisdiction of Parowan City, shall, within sixty (60) days of the effective date of his Ordinance, obtain and file with the Parowan City Offices an application for Nonconforming Use Permit from the Parowan City Office. The application shall present documentation of a current business license as set forth and required under PCMC 5.02, Licenses. The application shall not be approved until all documentation has been provided in accordance with the terms herein stated.

HISTORY
Adopted by Ord. 2016-06-01 on 6/23/2016

2016-06-01