4-30 Residential Facilities for

Persons with Disability A. Applicability: If any facility, residence or other circumstance meets the definition of a residential facility for persons with a disability as set forth herein, the requirements of this section shall govern the same, notwithstanding any other provisions of this title. If any provision of this section conflicts with the Utah Fair Housing Act or Fair Housing Amendments Act (collectively the “Acts”), the Acts shall be controlling. B. The purposes of this section are: 1. To comply with Utah Code Annotated section 10-9a-516, and Utah Code, Title 57, Chapter 21; and 2. To avoid discrimination in housing against persons with disabilities as provided in the Utah Fair Housing Act and the Fair Housing Amendments Act as interpreted by courts having jurisdiction in Utah. C. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection: 1. DISABILITY: A 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. 2. RESIDENTIAL FACILITY FOR THE DISABLED: A single-family or multiple-family dwelling unit, consistent with existing zoning of the desired location, that is occupied on a twenty-four (24) hour per day basis in a family type arrangement under the supervision of the resident family or manager, and that conforms to all applicable standards and requirements of and is licensed by the Utah department of human services division of services for people with disabilities, or department of health and is operated by or under contract with that department. The dwelling must be owned by one of the residents or by an immediate family member of one of the residents, or is a facility for which the title has been placed in trust for a resident. 3. "Residential facility for the disabled" shall not include facilities for the following: secure treatment, adult daycare, day treatment, comprehensive mental health treatment, comprehensive substance abuse treatment, or domestic violence treatment, as defined in Utah Code Annotated section 62A-2-101. D. Permitted Use Requirements: A residential facility for persons with a disability shall be a permitted use in any zoning district where a dwelling is allowed. Each such facility shall conform to the following requirements: 1. Building and Safety Standards: The facility shall comply with all building, safety and health regulations applicable to similar structures. As part of this requirement, the following site development standards and parking standards shall be applicable: 2. Each facility shall be subject to minimum site development standards applicable to a dwelling in the zone in which the facility is located. 3. The minimum number of parking spaces required for a residential facility for persons with a disability shall be the same as those for a dwelling located in the same zoning district in which the facility is located, subject to the following: a. If support staff is employed on the premises of a facility, one additional parking space shall be required for each staff member. b. Parking shall not be located within the front yard setback. E. Prohibited Uses: No facility shall be made available to an individual whose tenancy 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. F. Requirements of Licensee: Prior to the occupancy of any facility, the person or entity licensed or certified by the Department of Human Services or the Department of Health to establish and operate the facility shall: 1. Provide a copy of such license or certification to the city; and 2. Certify in a sworn affidavit to the city that no person will reside or remain in the facility whose tenancy would likely: a. Constitute a direct threat to the health or safety of other individuals; or b. Result in substantial physical damage to the property of others. G. Nontransferable; Termination: The use permitted by this section is nontransferable and shall terminate if: 1. The facility is devoted to a use other than a residential facility for persons with disabilities; or 2. The license or certification issued by the Department of Human Services or the Department of Health terminates or is revoked; or 3. The facility fails to comply with the conditions enumerated in this section. H. Number of Persons Limited: No residential facility for persons with a disability shall house more than eight (8) disabled persons, not related by blood or marriage. I. Distance to Similar Facilities: No residential facility for persons with a disability, licensed for the housing of more than three (3) disabled persons, shall be established or maintained within one thousand feet (1,000'), measured in a straight line between the closest property lines of the lots or parcels, of the following similar facilities: 1. Another residential facility for persons with a disability licensed for the housing of more than three (3) disabled persons; or 2. A residential facility for elderly with more than three (3) elderly persons in residence. J. Business License Required: For a residential dwelling for four (4) or more persons, as licensed by the Department of Human Services, Division of Services for People with Disabilities, the owner or provider shall be required to maintain a valid business license with the city. K. Exemptions: A residential facility for the disabled shall not include facilities which house persons being treated for alcoholism or drug abuse, 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. L. Reasonable Accommodation: 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. 1. Any person or entity who wishes to request a reasonable accommodation shall make application therefore to the City Council, or the Council's designee, and shall articulate in writing the basis for the requested accommodation. 2. Each application for a reasonable accommodation shall be decided within not more than thirty (30) days. 3. If a request for a reasonable accommodation is denied, such decision may be appealed to the Appeals Officer in the manner provided for appeals of decisions applying this title.