Sevier County Unincorporated
City Zoning Code
City Zoning Code
GROUP HOMES
§ 154.240 YOUTH HOME DEFINED.
YOUTH HOME is defined as any residence, dwelling or other structure utilized for the domicile, residence or sleeping accommodation of four or more children of the age of 18 years or less for more than one week where such children are not related within three degrees of consanguinity to the adult persons occupying the same residence or premises.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.241 AUTHORIZATION.
Youth homes will be permitted only on granting of a conditional use permit after application to the Planning Commission and approval of the Board of Commissioners. The Board of Commissioners, prior to acting on the application, will receive a recommendation from the Planning Commission and entertain public comment at a duly noticed public hearing.
(Ord. 2024-5-3, passed 5-13-2024) Penalty, see § 154.999
§ 154.242 APPLICATION - CONTENTS.
The application must contain the following information, and no application shall be heard which does not contain this information:
(A) Name and address of applicant;
(B) Statement of ownership of the subject property executed by the owner or his or her agent under penalty of perjury;
(C) Description of the property, including legal description and address, and common means of identification;
(D) Map of the boundaries of the parcel and each separate lot or parcel within 300 feet of the exterior boundaries thereof; together with a list of the names and addresses of the last known owners or public record of each parcel;
(E) A statement indicating the precise manner of compliance with each of the applicable provisions of this chapter, together with any other information pertinent to the findings prerequisite to the granting of a use permit, prescribed in this chapter;
(F) A statement from the appropriate regulatory agency concerning availability of public utilities, including culinary and irrigation water, power, sewer disposal and refuse disposal;
(G) A statement from the county school district indicating the availability of educational instruction and the impact of the location of the proposed facility at the proposed location or, in the alternative, that education will be handled privately and designating the number of employees to be involved in education and the mandatory credentials required of such employees;
(H) A detailed written description of the anticipated ages and total number of occupants of the facility together with a diagram of the facility including all separate rooms and the intended use of each room;
(I) A detailed description of number of intended staff and job descriptions for such staff; and
(J) A statement demonstrating the capability of the applicant, through insurance bonds, financial reserves or immediately available line of credit to ensure timely restitution to any member of the public suffering damage as a result of intentional or negligent conduct by members of the staff or residents of the facility.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.243 APPLICATION - FEE.
The application must be accompanied by a receipt showing that the application fee stated in the fee schedule has been paid; provided that up to two-thirds of such fee may be returned upon demonstration that compliance with state licensing has negated the necessity of more thorough screening of the application and provided further that the fee for foster care homes duly licensed by the state, and authorizing four or less clients at a time, the fee shall be in an amount determined by the Board of County Commissioners.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.244 APPLICATION - PLANNING COMMISSION REVIEW - RECOMMENDATION.
The Planning Commission will review the application and, if deemed appropriate, request comment from potentially impacted public and private agencies and parties. The Planning Commission will, within 60 days of receipt of the application, submit a recommendation with appropriate conditions as part of the conditional use process to the Board of Commissioners.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.245 PUBLIC HEARING.
(A) The Board of Commissioners shall hold a public hearing within 45 days of receipt of the recommendation of the Planning Commission.
(B) Notice of the time, place and purpose of such public hearing shall be given as follows: At least 14 days prior to the date set for the hearing, and not more than 45 days prior to that date, the County Clerk shall see that a notice is mailed to each property owner identified on the list accompanying the application as required by § 154.242(D). The notice shall give the date, time and place of the hearing; the name of the applicant; the requested use; the identification of the property; and such other information as may be prescribed by the Board of Commissioners in any individual case. The Clerk shall also cause such notice to be mailed to all governmental entities providing services to the subject property and all municipalities with boundaries located within five miles of the proposed development and shall publish a notice in a newspaper of general local circulation twice within the above-described notice period.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.246 USE PERMIT.
The Board of Commissioners may grant the use permit; provided that it is established that the proposed use is in accordance with the provisions of the General Plan, this chapter and that the following qualifications have been met.
(A) The location of the proposed use is compatible with other land uses in the general neighborhood area and does not place an undue burden on existing transportation, utilities and service facilities in the vicinity.
(B) The site is of sufficient size to accommodate the proposed use together with all yards, open spaces, walls and fences, parking and loading facilities, landscaping and such other provisions required by this chapter.
(C) The site will be served by streets of sufficient capacity to carry the traffic generated by the proposed use.
(D) The proposed use, if it complies with all conditions on which approval is made contingent, will not adversely affect other property in the vicinity or the general welfare of the county.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.247 CONDITIONS.
In approving any application for a use permit, the Board of Commissioners may require specific standards of site development and may make approval contingent on the acceptance and observance by the applicant of specified conditions relating to, but not limited to, the following considerations:
(A) Conformity to plans and drawings submitted with the application;
(B) The provision of open spaces, buffer strips, screen walls, fences, hedges and landscaping;
(C) The volume of traffic generated, vehicular movements within the site and points of vehicular ingress and egress;
(D) Performance characteristics related to the emission of noise, vibration and other potentially dangerous or objectionable elements;
(E) Limits on time of day for the conduct of specified activities; and
(F) Guarantees compliance with the terms of the approval.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.248 CONTINUATION OF USE.
Approved conditional use permits will be reviewed on a yearly basis at which time the user, in addition to delivering a business license fee, will supply a written confirmation that all conditions required by the initial approval of the use continue to be satisfied and honored and will itemize in writing the date, time and status of persons, e.g., staff or resident, who have engaged in any criminal misconduct or in the damaging or destruction of private property during the previous year and will confirm that restitution has been made to all victims of such occurrences. In the event that a court has not made a determination as to the amount of restitution owed, the Board will entertain evidence in that regard and order immediate payment of restitution as the Board determines reasonable.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.249 VIOLATIONS.
On violation of any of the provisions of this chapter or any other applicable ordinances by a holder of a use permit, or on failure of the holder to comply with the conditions of a use permit granted on conditions, the use permit shall be suspended unless the permit holder, at a hearing held within 15 days, satisfies the Board of Commissioners that either the violation has been discontinued or the conditions met; otherwise, the permit will be revoked.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.250 GENERAL REQUIREMENTS FOR RESIDENTIAL FACILITIES FOR ELDERLY PERSONS.
(A) A residential facility for elderly persons may not operate as a business.
(B) A residential facility for elderly persons shall:
(1) Be owned by one of the residents or by an immediate family member of one of the residents or be a facility for which the title has been placed in trust for a resident;
(2) Be consistent with existing zoning of the desired location; and
(3) Be occupied on a 24-hour-per-day basis by eight or fewer elderly persons in a family-type arrangement.
(C) A residential facility for elderly persons may not be considered a business because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.251 PERMIT PROCESS.
(1) The facility meet all applicable building, safety, zoning and health ordinances applicable to similar dwellings;
(2) Provide for adequate off-street parking;
(3) The facility is capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure’s residential character;
(4) Residential facilities for elderly persons can be dispersed throughout the county;
(5) No person being treated for alcoholism or drug abuse is placed in a residential facility for elderly persons; and
(6) Placement in a residential facility for elderly persons is on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional facility.
(B) Decisions regarding the application for a conditional use permit by a residential facility for elderly persons must be based on legitimate land use criteria and may not be based on the age of the facility’s residents.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.252 TERMINATION OF PERMIT.
The use granted and permitted by §§ 154.240 through 154.254 is nontransferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons or if the structure fails to comply with the ordinances adopted under this subchapter or if the structure fails to comply with applicable health, safety and building codes.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.253 DEFINITIONS FOR RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY.
(A) For the purposes of this subchapter, DISABILITY is defined in U.C.A. § 17-27a-103(13)(a)(b).
(B) RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY means a residence:
(1) In which more than one person with a disability resides; and
(2) Is licensed or certified by the Department of Human Services under the current Utah Code Annotated or is licensed or certified by the Department of Health.
(Ord. 2024-5-3, passed 5-13-2024)
§ 154.254 GENERAL REQUIREMENTS.
(A) Residential facilities for persons with a disability may be dispersed throughout the county.
(B) A residential facility for persons with a disability is a permitted use in all zones and only requires that the applicant verify compliance with the building, safety, zoning and health regulations that are required in obtaining a building permit applicable to similar structures.
(C) The responsibility to license programs or entities that operate facilities for persons with a disability, as well as to require and monitor the provision of adequate services to persons residing in those facilities, shall rest with:
(1) Programs or entities licensed or certified by the Department of Human Services as provided in U.C.A. § 62A-2-109 and Title 62A, Chapter 5; and
(2) Programs or entities licensed or certified by the Department of Health under U.C.A. Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.
(Ord. 2024-5-3, passed 5-13-2024)