West Haven City Zoning Code
RESIDENTIAL FACILITIES
FOR ELDERLY PERSONS; PERSONS WITH DISABILITIES; OTHER FACILITIES
§ 157.950 PURPOSE AND INTENT.
The purpose of this subchapter is to comply with UCA §§ 10-9a-516 through 10-9a-520, as amended, and to avoid discrimination in housing against persons with disabilities pursuant to the State Fair Housing Act, being UCA §§ 57-21-1 et seq., and the Federal Fair Housing Act, being 42 U.S.C. §§ 3601 et seq.
(Prior Code, § 72.02) (Ord. 2-92, passed - -1992; Ord. 03-2012, passed 4-4-2012)
§ 157.951 SCOPE.
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, or other facility as set forth in this subchapter, the requirements of this subchapter shall govern the same notwithstanding any conflicting provisions of this subchapter or this code. Except as provided herein, the requirements of this subchapter shall not be constructed to prohibit or limit other applicable provisions of this code, or other local, state, or federal law.
(Prior Code, § 72.04) (Ord. 2-92, passed - -1992; Ord. 03-2012, passed 4-4-2012)
§ 157.952 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
ASSISTED LIVING FACILITY.
(1) A TYPE I ASSISTED LIVING FACILITY is a residential facility, licensed by the state, with a home-like setting that provides assistance with activities of daily living and social care to two or more residents who require protected living arrangements and are capable of achieving mobility sufficient to exit the facility without the assistance of another person.
(2) A TYPE II ASSISTED LIVING FACILITY is a residential facility, licensed by the state, with a home-like setting that provides an array of coordinated supportive personal and health care services, available 24 hours per day, to residents who have been assessed under the State Department of Health rules to need any of these services.
(3) Each resident of a type I or type II ASSISTED LIVING FACILITY shall have a service plan based on the assessment, which may include specified services of intermediate nursing care; administration of medication; and support services promoting the resident’s independence and self-sufficiency.
DISABILITY. 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. DISABILITY does not include current illegal use of, or addition to, any federally-controlled substance as defined in § 102 of the Controlled Substances Act, 21 U.S.C. § 802, or as defined under UCA Title 58, Chapter 37, as amended.
ELDERLY PERSON. A person who is 60 years old or older, who desires or needs to live with other elderly persons in a group setting but who is capable of living independently.
NURSING CARE FACILITY. An intermediate care/nursing facility or a skilled nursing facility licensed by the state for the care of individuals who, due to illness, advanced age, disability, or impairment, require assistance and/or supervision on a 24-hour per day basis. Such a facility does not include an adult day care facility or adult day care provider in conjunction with residential facilities for elderly persons, or a residential facility for persons with a disability.
RESIDENTIAL FACILITY FOR ELDERLY PERSONS. A dwelling unit that is occupied on a 24-hour per day basis by eight or fewer elderly persons in a family-type arrangement. A RESIDENTIAL FACILITY FOR ELDERLY PERSONS:
(1) Cannot be operated as a business; provided that such facility may not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs of preparation and maintenance of the facility;
(2) Must be owned by one of the residents or by an immediate family member of one of the residents, or for which title has been placed in trust for one of the residents;
(3) Must be consistent with any existing, applicable land use ordinances affecting the desired location;
(4) Placement in a residential facility for elderly persons must be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution or facility;
(5) No person being treated for alcoholism or drug abuse may be placed in a residential facility for elderly persons;
(6) Residential facilities for elderly persons must be reasonably dispersed throughout the city and cannot be located within three-fourths of a mile of another residential facility for elderly persons, or residential facilities for persons with disabilities;
(7) The facility must meet each building safety, land use, and health ordinance applicable to similar dwellings, and must provide adequate off-street parking; and
(8) The facility must be capable for use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure’s residential character.
RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY.
(1) A residence in which more than one person with a disability resides and which is:
(a) Licensed or certified by the Department of Human Services under Title 62A, Chapter 2, of the Utah Code, “Licensure of Programs and Facilities; or
(b) Licensed or certified by the Department of Human Health under Title 26, Chapter 21, Heath Care Facility Licensing and Inspection Act.
(2) Further, a RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY shall have the following requirements.
(a) No facility shall be made available to an individual who has demonstrated, by prior behavior, actions, and/or criminal convictions, or as a resident, that he or she may be determined to be, or does constitute, a substantial risk or direct threat to the health or safety of other individuals, or has, or may engage in, conduct resulting in substantial physical damage to the property of others.
(b) Minimum site development standards shall be the same as those for a dwelling unit in the zone in which the facility is located.
(c) The facility shall be capable of being used as a residential facility for persons with a disability without structural or landscaping alterations that would change the structure’s residential character.
(d) The use granted and permitted by this subchapter in non-transferable and terminates if the structure is devoted to any use other than as a residential facility for persons with a disability or a residential care facility for persons with a disability, or if the structure fails to comply with the applicable health, safety, zoning, and building codes.
(e) No residential facilities for persons with a disability or residential care facility for persons with a disability shall be reasonably dispersed within the city. No such facility may be established or maintained within three-fourths of a mile measured in a straight line between the closet property lines of the lots or parcels of another facility regulated by the State Department of Human Services, another residential facility for disabled persons, or a residential facility for elderly persons.
(f) In zones that allow residential uses, no residential facility for persons with a disability may exceed eight residents. A maximum of 18 total persons is permitted (including staff and the family that owns the residence).
(Prior Code, § 72.06) (Ord. 2-92, passed - -1992; Ord. 03-2012, passed 4-4-2012)
§ 157.953 PERMITTED USES.
(A) Residential facilities for elderly persons. Notwithstanding any contrary provision of this subchapter, residential facilities for elderly persons shall be permitted uses in any zone where residential dwellings are allowed, except for a zone regulated exclusively for single-family residences. A use permitted by this subchapter for a residential facility for elderly persons is non-transferable and shall terminate if:
(1) The facility is devoted to a use other that a residential facility for elderly persons;
(2) Any license or certification issued by the State Department of Health Services for such facility terminates or is revoked; and/or
(3) The facility fails to comply with the requirements set forth in this subchapter.
(B) Residential facilities for disabled persons.
(1) Residential facilities for disabled persons are permitted uses in this chapter in zones where similar facilities that are not residential facilities for disabled persons are allowed. However, a facility that would likely create a fundamental change in the character of a residential neighborhood may be excluded form that zone.
(2) A use permitted by this subchapter for a residential facility for disabled persons is non-transferable and shall terminate if:
(a) The facility is devoted to a use other than a residential facility for disabled persons;
(b) Any license or certification issued by the State Department of Health or the State Department of Human Services for such a facility terminates or is revoked; and/or
(c) The facility fails to comply with requirements set forth in this subchapter.
(Prior Code, § 72.08) (Ord. 2-92, passed - -1992; Ord. 03-2012, passed 4-4-2012)
§ 157.954 CONDITIONAL USES.
(A) Assisted living centers are conditional uses in all Residential and Agricultural Zones. (See §§ 157.515 through 157.529 on conditional uses regarding health and safety of the surrounding area, including traffic, parking, and the like.)
(B) Assisted living centers are limited to the following in Residential and Agricultural Zones:
(1) A maximum of 12 rooms and a maximum of 16 residents, with no more than two residents per room, on one acre of ground;
(2) A maximum of 25 rooms and maximum of 30 residents, with no more than two residents per room, on two acres; and
(3) No assisted living centers may be located within a one-half mile of an existing assisted living center.
(Prior Code, § 72.10) (Ord. 2-92, passed - -1992; Ord. 03-2012, passed 4-4-2012)
§ 157.955 DEVELOPMENT STANDARDS.
The development standard set forth in this section shall apply to any residential facility for elderly persons or residential facility for persons with a disability:
(A) Building safety and health regulations. All facilities shall comply with any building safety and health regulations applicable to similar structures.
(1) Each facility shall be subject to the same development standards applicable to similar 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.
(B) No dangerous persons permitted. No facility may be made available to an individual who has demonstrated, by prior behavior, actions, and/or criminal convictions, or as a resident, that he or she:
(1) May be determined to be, or does constitute, a direct threat or substantial risk to the health or safety of other individuals; or
(2) Has, or may engage in, conduct resulting in substantial physical damage to the property of others.
(C) License and certifications.
(1) Prior to occupancy of any facility or the issuance of a business license, building permit, or conditional use permit, the person or entity operating the facility shall:
(a) Provide to the city a copy of any license or certifications required by the State Department of Health or the State Department of Human Services; and
(b) Certify in a sworn statement that no person will reside or remain in the facility whose tendency would:
1. Constitute a direct threat to the health or safety of other individuals; or
2. Result in substantial physical damage to the property of others.
(2) If, after a reasonable investigation, staff or the City Council determines a residential facility for persons with a disability might create a fundamental change in the character of a neighborhood, the item shall be scheduled for a public hearing before the City Council.
(3) The City Council, acting as the Land Use Authority, may exclude the facility from a zone if it finds that the proposed residential facility for persons with a disability would likely create a fundamental change in the character of a residential neighborhood.
(4) The factors to be analyzed in determining whether a fundamental change in the character of a residential neighborhood might be caused include, but are not limited to, the following:
(a) Impact on traffic congestion;
(b) Availability of adequate parking;
(c) The business nature of a proposed facility in an area zoned for exclusively residential uses, including whether the proposed facility will offer outpatient services;
(d) Hours of operation;
(e) Safety and security measures for the proposed facility; and
(f) Other similar concerns.
(Prior Code, § 72.12) (Ord. 2-92, passed - -1992; Ord. 03-2012, passed 4-4-2012) Penalty, see § 157.999