4-23 Handicapped Residential Facilities

A. Permitted Use - Multiple Family Zone - A residential facility for handicapped persons is a permitted use in any area where residential dwellings are allowed, except an area zoned to permit exclusively single-family dwellings. Prior to establishing a residential facility for handicapped persons, a permit must be obtained by application to the Planning Commission and thereafter to the City Council, which shall be issued if the applicant can show that: 1. the facility meets all Kanab City building, safety, zoning, and health ordinances applicable to similar dwellings; 2. the residents of the facility will be properly supervised on a 24-hours basis; 3. a community advisory committee will be established through which all complaints and concerns of neighbors may be addressed; 4. adequate off-street parking space is provided; 5. the facility is capable of use as a residential facility for handicapped persons without structural or landscaping alterations that would change the structure's residential character; 6. no person being treated for alcoholism or drug abuse may be placed in the residential facility for handicapped persons; 7. no person who is violent will be placed in a residential facility for handicapped persons; 8. Placement in the residential facility for handicapped persons shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility. 9. Upon application for a permit to establish a residential facility for handicapped persons in any area where residential dwellings are allowed, except an area zoned to permit exclusively single-family dwellings, a facility that conforms to these ordinances shall be granted a permit. If the Planning Commission and City Council determine that the residential facility for handicapped persons is in compliance with those ordinances, the City shall grant the requested permit to that facility. 10.The use granted and permitted by this subsection is nontransferable and terminates if the structure is devoted to a use other than as a residential facility for handicapped persons or, if the structure fails to comply with the City ordinances. B. Conditional Use - Single-Family Zones - Subject to the granting of a conditional use permit, a residential facility for handicapped persons shall be allowed in a municipal zoning district that is zoned to permit exclusively single-family dwelling use, if that facility: 1. Conforms to all applicable health, safety, zoning, and building codes; 2. is capable of use as a residential facility for handicapped persons without structural or landscaping alterations that would change the structure's residential character; 3. conforms to Kanab City's criteria adopted by ordinance, governing the location of residential facilities for elderly persons in areas zoned to permit exclusively singlefamily dwellings; 4. no person being treated for alcoholism or drug abuse may be placed in the residential facility for handicapped persons; 5. no person who is violent shall be placed in a residential facility for handicapped persons; 6. placement in the residential facility for handicapped persons shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility; 7. meets conditions stated in Chapter 8 of this ordinance; 8. the use granted and permitted by this subsection is nontransferable and terminates if the structure is devoted to a use other than as a residential facility for elderly persons or if the structure fails to comply with applicable health, safety, and building codes. C. Discrimination – Discrimination against handicapped persons and against residential facilities for handicapped persons is prohibited. The decision of Kanab City regarding the application for a permit by a residential facility for handicapped persons must be based on legitimate land use criteria, and may not be based on the handicapping conditions of the facility's residents.