The purpose of this chapter is to balance local zoning considerations with state and federal mandates requiring a reasonable accommodation for disabled persons living together in a group housing arrangement in a residential neighborhood.

(Ord. No. 1753, § VII, 8-6-2013)

The requirements of this chapter apply to any facility, residence, group home or other congregate housing arrangement for persons with a disability notwithstanding any conflicting provision in this title or any other section of this Code of Ordinances.

(Ord. No. 1753, § VII, 8-6-2013)

"Disability" is defined in 19.04.168, "family" in 19.04.230, and "residential facility for persons with a disability" in 19.04.452 of this title.

(Ord. No. 1753, § VII, 8-6-2013)

The licensing requirements for "residential treatment programs" and "residential support programs" are defined and administered pursuant to state law and the Utah Administrative Code.

(Ord. No. 1753, § VII, 8-6-2013)

A.

No Permit Required. Four or less unrelated individuals who share housekeeping responsibilities in a single dwelling do not require a zoning permit but function as a "family," defined in Section 19.04.230 of this title as "one to four unrelated people living together in a single dwelling."

B.

The director of planning and zoning ("the director"), with the assistance of the district attorney, shall consider requests for a permitted use/reasonable accommodation for a "residential facility for persons with a disability" ("facility"). The director or the director's designee shall approve a proper application for a zoning permit for the facility in any zone, including residential zones where only single family dwellings are a permitted use, provided:

1.

The facility meets or will meet all program, physical facility, and licensure requirements of the state department of human services or department of health.

2.

Except as otherwise provided in this chapter, buildings and uses shall meet all applicable county development standards, licensing and zoning requirements.

3.

The facility shall not house persons who are involuntarily residing therein or who are residing therein as a part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility.

4.

The applicant provides sufficient evidence that the requested accommodation is necessary to allow disabled individuals reasonable, non-discriminatory, federally mandated housing opportunities in the relevant zone. Evidence may include information relating to the history, management, financial feasibility, and therapeutic benefits of the facility, and applicable law.

C.

The director or the director's designee may not deny the application based upon reasonably anticipated detrimental effects to the community so long as reasonable conditions are proposed to mitigate such anticipated detrimental effects.

D.

Institutional Uses. Consistent with the International Building Code, residential facilities designed to house more than sixteen individuals constitute "institutional facilities" likely to create a fundamental change in the character of a single family residential neighborhood. The only residential zone where an application for a conditional use permit for an institution serving more than sixteen residents may be approved is in a zone that allows apartments as a conditional or permitted use.

(Ord. No. 1753, § VII, 8-6-2013)

A use permitted by this chapter is nontransferable and shall be subject to revocation by the appropriate land use or licensing authority if:

A.

The facility is devoted to a use other than a residential facility for persons with a disability, or

B.

The facility exceeds the maximum number of residents specified and approved in the original application, changes the disability classification under state rules, or remodels or expands without first receiving approval from the director.

C.

The facility is not licensed by the state department of health or department of human services.

D.

It is determined by an appropriate county authority that residents of the facility have engaged in a pattern of criminal acts of nuisance, theft, or violence in the adjoining neighborhood.

(Ord. No. 1753, § VII, 8-6-2013)

To avoid excessive traffic, on street parking, and related impacts altering the residential character of a neighborhood, no day treatment for non-residents shall be permitted in residential facilities for the disabled in the R-1 or R-2 residential zones.

(Ord. No. 1753, § VII, 8-6-2013)

The minimum number of parking spaces shall be four spaces plus one space for each five residents, provided that if the number of residents who own or operate a motor vehicle exceeds the number of parking spaces established above, additional parking shall be provided to ensure that every resident who owns or operates a motor vehicle has a lawfully located off-street parking space.

(Ord. No. 1753, § VII, 8-6-2013)

Pursuant to section 19.92.050 of this title for permitted uses, any person adversely affected by a final decision of the zoning authority may appeal that decision to the board of adjustment.

(Ord. No. 1753, § VII, 8-6-2013)