14-21-105 RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY

A. Notwithstanding any contrary provision in this Title, this section shall govern any facility, residence, or other circumstance that meets the definition of a residential facility for a person with a disability as set forth in this Title. B. The following requirements shall apply to a residential facility for persons with a disability. 1. The facility shall comply with building, safety, land use, and health codes or ordinances applicable to a similar dwelling, the Americans with Disabilities Act, applicable state core standards and licensing requirements, and any standards set forth in a contract with a state agency. 2. Minimum site development standards shall be the same as those for a dwelling unit in the zone in which the facility is located. 3. In a Residential Single-Family (R) Zone, not more than three (3) unrelated persons shall occupy a residential facility for persons with a disability established in a dwelling unit. 4. In a residential single-family zone, a residential facility for persons with a disability shall not be established in a non-conforming two-family or nonconforming multi-family dwelling structure unless it is first converted to a conforming single-family dwelling structure. 5. In a residential multi-family zone, a residential facility for persons with a disability shall not be located within a two-family or multi-family structure unless the entire structure is used for the facility. 6. In a Residential Multi-family zone, not more than three (3) unrelated persons per permitted dwelling unit shall occupy a facility for persons with a disability, based on the existing density standards for the zone in which it is located, and up to a maximum of twelve (12) persons. 7. The facility shall not be made available to a person who has demonstrated by prior or current behavior, actions, and/or criminal incidents or convictions, that the person's tenancy would: a. Be a direct threat to the health or safety of other persons; or b. Result in substantial physical damage to the property of others. 8. Prior to occupancy of the facility, the person or entity licensed or certified by the Department of Human Services and/or the Department of Health to establish and operate the facility shall: a. Provide a certified copy of such license or certification to the City Recorder; b. Certify, in a sworn affidavit submitted with the application for a business license, that the facility complies with the Americans with Disabilities Act; and c. Certify, in a sworn affidavit submitted with the application for a business license, that no person will be placed or remain in the facility who has demonstrated by prior or current behavior, actions, and/or criminal incidents or convictions, that such person's tenancy would be a direct threat to the health or safety of other persons, or result in substantial physical damage to the property of others. Such affidavit shall be supplemented and updated with an application for renewal of the business license. 9. A permit for a residential facility for persons with a disability is nontransferable and shall terminate if: a. The structure is devoted to a use other than a residential facility for persons with a disability; b. The structure fails to comply with the requirements set forth in this Section; or c. The license or certification issued by the Department of Human Services, Department of Health or any other applicable agency, terminates or is revoked. 10. A residential facility for persons with a disability that is a substance abuse facility and is located within five hundred feet (500') of a school, shall provide, in accordance with rules established by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities: a. A security plan satisfactory to local law enforcement authorities; b. Twenty four (24) hour supervision for residents; and c. Other twenty four (24) hour security measures. 11. A residential facility for persons with a disability shall not be located within one thousand feet (1,000') from another such facility, measured in a straight line between the nearest property lines of each facility. C. None of the foregoing conditions shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a residential facility for persons with a disability. A request for a reasonable accommodation shall be made in accordance with the provisions set forth in Section 14-2-107, ADA and FFHA Accommodations, of this Title.