The purpose of this chapter is to:

1. Comply with Utah Code Annotated, 1953, as it pertains to residential facilities for persons with a disability.
2. Establish criteria for reviewing a proposal to construct a residential facility for persons with a disability in the city. Such criteria complying with Utah Code 57-21, Utah fair housing act, and the federal fair housing amendments act of 1988, 42 USC section 3601 et seq.; and to the extent required by federal law, provide that a residential facility for persons with a disability is a permitted use in any zone where similar residential dwellings that are not residential facilities for persons with a disability are allowed. (Ord. 07-02-2010, 7-21-2010)
   

As used in this chapter:

DISABILITY: A 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. It 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 USC 802.

RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: A residence:

1. In which more than one person with a disability resides.
2. Is licensed or certified by the department of human services under Utah Code 62A-2, licensure of programs and facilities.
3. Is licensed or certified by the department of health under Utah Code 26-21, health care licensing and inspection act. (Ord. 07-02-2010, 7-21-2010)
   

A residential facility for persons with a disability is a permitted use in any zoning area where residential dwellings are allowed under the following criteria:

1. Dispersal: A residential facility for persons with a disability shall be located a minimum of three-fourths (3/4) mile from another such facility.
2. Proximity To Schools: Residential facilities for persons with a disability that are substance abuse facilities and are located within five hundred feet (500') of a school shall provide, in accordance with rules established by the department of human services under Utah Code 62A-2, licensure of programs and facilities:
   1. A security plan satisfactory to local law enforcement authorities.
   2. Twenty four (24) hour supervision for residents.
   3. Other twenty four (24) hour security measures.
3. Building, Safety, And Health Regulations: All residential facilities for persons with a disability shall obtain permits that verify compliance with the same building, safety, and health regulations as are applicable in the same zoning area to similar uses that are not residential facilities for persons with a disability.
4. Occupancy: No more than four (4) persons with a disability may reside within the facility at any one time. This number shall not include any licensed care providers, assistants, or supervisors who may also dwell and/or be employed within the same facility.
5. Impacts On Surrounding Properties: A residential facility for persons with a disability that would likely create a fundamental change in the character of a residential neighborhood may be denied approvals to operate. (Ord. 07-02-2010, 7-21-2010)
   

All facilities for persons with a disability shall obtain and maintain a city business license. Application for such license shall include documentation to show compliance with the regulations outlined by:

1. The department of human services as provided in Utah Code 62A-5, services to people with disabilities, or
2. The department of health under Utah Code 26-21, health care facility licensing and inspection act. (Ord. 07-02-2010, 7-21-2010)