A.   Purpose: It is the purpose of this chapter to:

      1.   Comply with Utah Code Annotated sections 17-27a-515 through 519.

      2.   Avoid discrimination in housing against any person regardless of age or disability in compliance with the Utah fair housing act and the federal fair housing act as interpreted by the courts having jurisdiction in Utah.

   B.   Applicability: This section shall be deemed to govern any facility, residence, or other circumstance that meets the definition of a "residential facility" as set forth in this title.

   C.   Limitations: Only such residential facilities as are specifically authorized in this chapter and in this title as permitted or conditional uses shall be allowed. All other residential facilities are prohibited. (Ord. 2009-08, 9-3-2009, eff. 9-3-2009)

Certain words and phrases in this chapter are defined in section 10-2-1 of this title. (Ord. 2009-08, 9-3-2009, eff. 9-3-2009)

   A.   Permitted Uses: A residential facility for persons with a disability or a residential facility for elderly persons shall be a permitted use in any zoning district where a single-family dwelling is allowed.

   B.   Termination: A use permitted by this chapter is nontransferable and shall terminate if any of the following occur:

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

      2.   The facility fails to comply with the requirements of the issued permits, this chapter, or other Plain City ordinances; or

      3.   The license or certification issued by the department of human services or department of health terminates or is revoked. (Ord. 2009-08, 9-3-2009, eff. 9-3-2009)

Each residential facility shall conform to the following requirements:

   A.   Residential Facility Design Standards: Any newly constructed or remodeled residential facility in a residential or agricultural zone or within one thousand feet (1,000') of a residential or agricultural zone shall comply with the following design standards:

      1.   The residential facility shall comply with: all building, safety, and health regulations; the Americans with disabilities act; fire regulations; and all applicable state code standards and licensing requirements. Additionally, residential facilities shall comply with all standards set forth by any other local, state, or federal agency for the operation of the residential facility.

      2.   All setbacks shall be according to the requirements of the zone in which the facility sits.

      3.   In order for new construction to reflect the design and character of the existing neighborhood the following standards shall be met:

         a.   The roof design of the proposed or remodeled structure shall be a pitched roof of the same slope as the most common roof slope of the homes within the surrounding area of the proposed building; and

         b.   The type of exterior materials shall be of traditional home finished materials of brick, siding, rock, stucco, etc. The use of these materials shall be applied in such a manner as to blend in with the neighborhood where the building is located and not draw undue attention to the building because of the materials, their color, and/or their combination being uncharacteristic of the other buildings in the neighborhood.

      4.   An existing structure may not be utilized as a residential facility unless no structural or landscaping alterations that change the structure's residential character are required for the residential facility to operate. Any alterations to the structure, landscape, or site will require the approval of the planning commission and must be completed in compliance with this section.

   B.   Parking Standards: The residential facility shall be required to provide sufficient parking for the intended use as provided below:

      1.   Each facility shall be subject to minimum site development standards applicable to the dwelling units in the zone in which the facility is located; and

      2.   The minimum number of parking spaces required shall be the same as the number required for a dwelling with similar occupancy density in the same zone.

   C.   Number Of Occupants: Pursuant to the definition of "family" in section 10-2-1 of this title, not more than four (4) unrelated persons shall occupy a residential facility for elderly persons or any residential facility for persons with a disability established in a dwelling unit unless a reasonable accommodation is granted in conformance with section 10-17-5 of this chapter.

   D.   License And Certification: Prior to the issuance of a zoning clearance by Plain City for the residential facility, the person or entity licensed or certified by the department of human services or the department of health to establish and operate the residential facility shall:

      1.   Provide a certified copy of the license issued or the filed application for a license by the department of human services or the department of health to the city offices.

      2.   Certify, in a sworn affidavit submitted with the application for a zoning clearance, that no person will be placed or remain in the facility whose prior or current behavior, actions and/or criminal incidents or convictions, have demonstrated that such person is or may be a substantial risk or direct threat to the health or safety of other individuals, or whose said behavior, actions and/or incidents or convictions have resulted in or may result in substantial physical damage to the property of others.

      3.   Residential facility for persons with a disability:

         a.   Certify, in a sworn affidavit submitted with the application for a zoning clearance, that all current residents/clients qualify and that all future residents/clients will qualify prior to admission to the facility as persons with a disability as defined within the Americans with disabilities act;

         b.   Obtain a city business license, if required under applicable provisions of the Plain City ordinances.

      4.   Residential facility for elderly persons:

         a.   Certify, in a sworn affidavit submitted with the application for a zoning clearance, that all current residents/clients qualify and that all future residents/clients will qualify prior to admission to the facility as persons with a disability as defined within this title;

         b.   Certify, in a sworn affidavit submitted with the application for a zoning clearance, compliance with all relevant state code requirements. (Ord. 2009-08, 9-3-2009, eff. 9-3-2009)

   A.   Reasonable Accommodation Required: None of the foregoing conditions shall be interpreted to limit reasonable accommodations necessary to allow the establishment or occupancy of a residential facility for person(s) with a disability.

   B.   Application: Any person or entity who wishes to request a reasonable accommodation shall make application to the city. Application shall be accompanied by all appropriate fees and affidavits. The application shall contain the following:

      1.   The name, mailing address, fax number, and phone number of the applicant, including cellphone number if applicable;

      2.   The nature and extent of the disability;

      3.   An exact statement of the ordinance or policy from which the applicant needs a reasonable accommodation;

      4.   The applicant's proposed reasonable accommodation(s);

      5.   A statement detailing why a reasonable accommodation is reasonable and necessary in order to afford handicapped persons equal opportunity to use and enjoy housing; and

      6.   The physical address of the property where the applicant intends on living.

   C.   Decision: The planning commission shall render a decision on each application for a reasonable accommodation within ninety (90) days. The decision shall be based on evidence of record demonstrating all of the following:

      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 will be denied an equal opportunity to enjoy housing within the city.

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

   D.   Appeal: Any person adversely affected by a final decision of the planning commission may appeal that decision in compliance with title 2, chapter 3 of this code. (Ord. 2009-08, 9-3-2009, eff. 9-3-2009)