If any facility, residence, domicile, business or other circumstance meets the definition of a residential facility for persons with a disability as set forth in this Chapter the requirements of this section shall govern notwithstanding any other provisions of this Title. Except as provided herein, the requirements of this Chapter shall not be construed to prohibit or limit other applicable provisions of this Title, the Parowan City Code or other laws.

Disability means any physical or mental impairment that substantially limits one or more of a person’s major life activities, including a person having a record of such an impairment, or being regarded as having such an impairment, by a qualified person trained to make such determinations. "Disability" does not include current illegal use of, or addiction to, any federally-controlled substance, as defined in Section 102 of the Controlled Substances Act, 21 U.S.C. 802, or successor law. As used in this definition, the following shall be controlling:

1. "Physical or mental impairment" includes:
   1. Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory; including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
   2. Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness; and specific learning disabilities.
   3. The term physical or mental impairment includes, but is not limited to, such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.
2. "Major life activities" means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
3. "Has a record of such impairment" means has a history of, or has been mis-classified as having a mental or physical impairment that substantially limits one or more major life activities.
4. "Is regarding as having an impairment" means:
   1. Has a physical or mental impairment that does not substantially limit one or more major life activities;
   2. Has a physical or mental impairment that does not substantiallyl imit one or more major life activities only as a result of the attitudes of others toward such impairment; or
   3. Has none of the impairments defined in paragraph (a) of this definition but is treated, by a qualified and trained person in making impairment evaluations, as having such an impairment.
5. Reasonable Accommodation: A change in a rule, policy, practice, or service necessary to afford a person equal opportunity to use and enjoy a dwelling. As used in this definition:
   1. "Reasonable" means a 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. "Necessary" means the applicant must show 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.
   3. "Equal opportunity" means achieving equal results as between a person with a disability and a non-disabled person.
6. Rehabilitation/Treatment Facility: A facility licensed by or contracted by the State of Utah to provide temporary occupancy and supervision of adults or juveniles in order to provide rehabilitation, treatment, or counseling services. Without limitation, such services may include behavior, alcohol & drug abuse, sex offenders, sexual abuse, or mental health. Associated education services may also be provided to juvenile occupants. A rehabilitation/treatment facility does not include a residential facility for persons with a disability.
7. Residential Facility for Persons with a Disability: A dwelling unit or other place in which more than one person with a disability resides and, if required by State law, is licensed or certified by:
   1. The Utah Department of Human Services under Title 62A, Chapter 2, of the Utah Code, Licensor of Programs and Facilities; or
   2. The Department of Health under Title 26, Chapter 21, of the Utah Code, Health Care Facility Licensing and Inspection Act.

1. To comply with Section 10.90.6050 of the Utah Code; and
2. To avoid discrimination and housing against persons with a disability as provided in the Utah Fair Housing Act and the Fair Housing Amendments Act is interpreted by Courts having jurisdiction in Utah.

A residential facility for persons with a disability shall be a permitted use in any zone district where a dwelling is allowed. Each such facility should conform to the following requirements:

1. The facility should comply with all building, safety, and health regulations applicable to similar structures. As part of this requirement the following site and development standards and part standards shall be applicable:
   1. Each facility shall be subject to minimum site developments applicable to a single family dwelling or other similar dwellings in the zone of which the facility is located.
   2. The minimum number of parking spaces required for a residential facility for persons with a disability shall be the same as those for a single family dwelling located in the same zoning district in which the facility is located.

The following requirements must be met before resident facilities shall be placed into operation:

1. No facility shall be made available to any individuals whose tenancies would constitute a direct threat to the health and safety of other individuals; or
2. Result in substantial physical damage to the property of others
3. Each facility shall be licensed or certified by the Department of Human Services or the Department of Health to establish and operate the facility and shall:
   1. Provide a copy of such license certification to the City; and
   2. Certify a sworn affidavit stating that no person will reside or Remain in the facility who will:
      1. Constitute a direct threat to the health and safety of other individuals; or
      2. Result in substantial physical damage to property of others.
4. No residential facility for persons with a disability, license for the housing of more than three disabled persons, as defined hereunder, shall be established or maintained within one-half mile in a straight line between the closest property lines of the lots of the parcels of the following similar facilities:
   1. Another residential facility for persons with a disable license for the housing of more than three (3) disabled persons.
   2. A residential facility for the elderly with more than five (5) elderly persons in a residence; or
   3. In any of the following facilities, protective housing facility, transitionalizing facility, assisted living facility or rehabilitation treatment facility.
5. Prior to occupancy of any facility, the person or entity operating the facility, the person operating the same shall:
   1. Provide to Parowan City a copy of any license or certification required by the State of Utah Department of Health or the Utah State Department of Human Services; and
   2. Certify with the City that the individuals residing in the program will not have any tendencies which would constitute a direct threat to the health and safety of other individuals;or
   3. Result in substantial physical damage to the property of others
6. Reasonable Accommodation Required: 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. Any person wanting a reasonable accommodation shall make application to Planning & Zoning and shall articulate in writing the nature of the requested accommodation and the basis for the request which shall be responded to within 30 days unless just cause is shown to require a longer response period. Any appeal from said decisions shall be to the Board of Adjustments.

The use permitted by this section is non-transferable and shall be terminated if:

1. The facility is devoted to a use other than a residential facility for persons with a disability; or
2. The license or certification issued by the Department of Human Services or the Department of Health terminates or is revoked; or
3. The facility fails to comply with the conditions enumerated in this section.