1. Comply with Utah Code Annotated.
   
2. Avoid discrimination in housing against persons with disabilities pursuant to the Utah Fair Housing Act and the Federal Fair Housing Act as interpreted by courts whose decisions are binding in Utah. This Section is not a separate zone for such facilities but applies to all residential zones within Smithfield City. If any facility, residence, congregate living, or other housing arrangement meets the definition of a residential facility for elderly persons or a residential facility for persons with a disability as set forth in this Title, the requirements of this Chapter shall govern the same notwithstanding any conflicting provision of this Title or the Ordinances of Smithfield City. Except as provided herein, the requirements of this Chapter shall not be construed to prohibit or limit other applicable provisions of this Title, the Ordinances of Smithfield City, or other local, County, State, or Federal laws.
   

1. Notwithstanding any contrary provision of this Title, a residential facility for persons with a disability shall be permitted uses in any zone where a dwelling is allowed as a permitted or conditional use subject to the development standards in SMC 17.93.040.
   
2. Termination. A use permitted by this Section is non-transferable and shall terminate if:
   
   1. The facility is devoted to a use other than a residential facility for persons with a disability.
      
   2. Any license or certification issued by the Utah Department of Health or the Department of Human Services for such facility terminates or is revoked.
      
   3. The facility fails to comply with requirements set forth in this Chapter.
      

In addition to other information required by the Ordinances of Smithfield City Utah, the following information must be submitted with the business license application or request for a reasonable accommodation, as applicable, for a residential facility. Additional information may be requested to aid in that review.

1. A statement indicating the Specific type of facility (as defined by State regulations) the applicant seeks to operate and by which State agency it is regulated.
   
2. The Number of residents and staff who will live at the residential facility and the expected/typical number of visitors per day.
   
3. The typical or average length of stay of the residents.
   

The development standards set forth in this Section shall apply to any residential facility for persons with a disability.

1. Building, Safety, and Health Regulations. The facility shall comply with building, safety, and health regulations applicable to similar residential structures within the residential zone in which the facility is located.
   
   1. Each facility shall be subject to the same development standards applicable to similar residential structures located in the same zoning district in which the facility is located.
      
   2. The minimum number of parking spaces required for a facility shall be the same as for similar structures located in the same zoning district in which the facility is located.
      
2. No dangerous Persons Permitted. No facility shall be made available to an individual whose tenancy would:
   
   1. Constitute a direct threat or safety of other individuals
      
   2. Result in substantial physical damage to the property of others.
      
   3. Be contrary to individuals listed in the Fair Housing Act.
      

Prior to occupancy of any facility, the person or entity operating the facility shall:

1. State License. Provide to the City a copy of any license or certification required by the Utah State Department of health (Title 26, Chapter 21) or the Utah State Department of Human Services (Title 62A, Chapter 2), including any policies and procedures that are required under state law.
   
2. Certification Requirements. Certify in a sworn statement that no person will reside or remain in the facility whose tenancy would:
   
   1. Constitute a direct threat to the health or safety of other individuals.
      
   2. Result in substantial physical damage to the property of others.
      
   3. Be contrary to individuals defined in the Fair Housing Act.
      
3. City License. Obtain a Smithfield City Business License, which is renewed annually.
   
4. Compliance/Renewal. Any such facility must comply with all Federal, State, County, and City regulations. At the time of renewal, the applicant must provide copies of all necessary certifications/recertifications or licenses as required by State regulations.
   

1. Reasonable Accommodation Required: None of the foregoing conditions shall be interpreted to limit reasonable accommodation necessary to allow the establishment or occupancy of a residential facility for person(s) with a disability.
2. Application: Any person or entity who wishes to request a reasonable accommodation shall make application to the STRC Committee, created under SMC 16.05.40 and shall specifically articulate, in writing on the application the following:
   1. The name, mailing address and phone number of the applicant.
   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 the proposed accommodation is reasonable and necessary in order to afford person(s) with a disability equal opportunity to use and enjoy housing; and
   6. The physical address of the property where the applicant intends on living.
3. Information: In addition to the information provided under SMC 17.93.050, the applicant shall provide, within seven days any additional information requested by the STRC Committee to aid it in evaluating the application. The STRC Committee shall make requests for additional information within 30 days, of the day that the application was filed with the STRC Committee.
4. Decision: The STRC Committee shall render a decision on each application for a reasonable accommodation within ninety (90) days, of the date of filing of the application, or the date that additional information is provide to the STRC Committee under subsection 3 (above), whichever is later. The decision shall be based on evidence of record demonstrating the existence of the conditions stated in factors 1 through 4 listed below, while taking into consideration, the information stated in factor 5 through 6, listed below and considering other factors deemed relevant to properly evaluate the application:
   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 community.
   3. Equal results will be achieved as between the person with a disability requesting the accommodation and a nondisabled person.
   4. Given the scope of the accommodation requested, the impact on the immediate neighborhood will not be unreasonable.
   5. The accommodation will not fundamentally alter the zoning ordinance of Smithfield City and that the accommodation will not create a fundamental change in the character of a residential neighborhood.
   6. The accommodation will not be an undue burden or expense to the city.
5. Findings and Conclusions: Written findings and conclusions of the STRC Committee shall be sent to the applicant within thirty (30) days after the decision by the STRC Committee.
6. Appeal: Any person or entity adversely affected by a final decision of the STRC Committee regarding a request for a reasonable accommodation may appeal that decision to the appeal authority as provided in SMC 17.10 of this title.
7. Exemptions. A Residential Facility for Persons with a Disability shall not include facilities which house persons who are violent, who are not voluntarily residing therein, or who are residing therein as a part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility.