12.150 Supplementary Requirements for Group Homes

8/22/23) A. Purpose. The purposes of this section are: 1. to allow group homes in Lehi City; and 2. to allow protected groups to request reasonable accommodation for the equal opportunity to use or enjoy a dwelling. B. Definitions. As used in this section: 1. “Group Home” means a living arrangement where a group of unrelated individuals live together in a single dwelling unit. 2. "Disability" is defined in Section 57-21-2 of the Utah Code, as the same may be amended from time to time, and includes the following: (a) “Mental or physical impairment” includes but is not limited to blindness, hearing impairment, mobility impairment, HIV infection, mental retardation, alcoholism, drug addiction, chronic fatigue, learning disability, head injury, and mental illness. (b) “Major life activity” includes but is not limited to seeing, hearing, walking, breathing, performing manual tasks, caring for one’s self, learning, speaking, and working. (c) This definition does not protect people who currently use illegal drugs, have been convicted of the manufacture or sale of illegal drugs, present a direct threat to other persons or property, or claim disability solely because of adjudication as a juvenile delinquent, having a criminal record, or being a sex offender. 3. “Reasonable Accommodation” is a reasonable and necessary exception to rules, regulations, and policies that is needed in order to afford a person with a disability an equal opportunity to use or enjoy a dwelling. (a) “Necessary” means there is a direct causal link between the proposed accommodation and an equal opportunity for a person with a disability. This means that the accommodation requested shall ameliorate a disability’s effect and shall be linked to providing the same opportunity a non-disabled person would have to use and enjoy a dwelling. 4. "Group Home for Persons with a Disability" means a residence in which more than one person with a disability resides and is licensed or certified by the Department of Human Services under Utah Code Title 62A, Chapter 2, Licensure of Programs and Facilities. 5. “Group Home” does not include a health care facility as defined by Section 26-21-2 of the Utah State Code, as the same may be amended from time to time. This includes, but is not limited to, assisted living facilities and nursing homes. C. Use. 1. A group home is a permitted use in any zoning area where residential dwellings are allowed. 2. Group homes will be regulated according to the standard residential zoning requirements applicable to the subject property. 3. A permitted group home use may be revoked under the following circumstances: (a) The facility is devoted to a use other than a group home as approved by the Reviewing Departments; or (b) Any license or certification issued by the Utah Department of Health or the Department of Human Services for such a facility is revoked or terminated; or (c) The facility fails to comply with the requirements set forth in this chapter. 4. A group home is limited to up to four unrelated persons (see the definition of “Family,” Chapter 39), with the allowance of up to eight unrelated persons with a reasonable accommodation exception in the case of a Group Home for Persons with Disabilities. A reasonable accommodation exception requires approval by the City Council following a public hearing. 5. Any group home facility shall provide offstreet parking as per Table 37.090: Table of OffStreet Parking Requirements. The creation of a parking area shall not change the residential character of the property. 6. Any group home facility shall comply with development standards, design standards, and building, safety, and health regulations applicable to similar residential structures within the zone in which the facility is located. 7. Any group home facility shall not fundamentally alter the structure’s residential character or the character of the neighborhood where the facility is located. D. Reasonable Accommodation. Reasonable accommodation exceptions may be made to rules, policies, practices, and/or services when the request is reasonable and necessary to afford a person with disability an equal opportunity to use or enjoy a dwelling. 1. A group home may have up to eight unrelated residents if the scope and magnitude of the requested accommodation does not alter the character of the surrounding neighborhood. Such considerations may include impacts on parking, traffic, noise, utility use, architectural compatibility, and other typical concerns of zoning. 2. Exceptions based on reasonable accommodations shall be based on the following factors: (a) The residence shall be inhabited by an individual or individuals with disabilities protected under fair housing laws; (b) The request shall be necessary to afford persons with a disability equal opportunity to use and enjoy a dwelling compared to similarly situated persons or groups without a disability; (c) The request shall not impose undue financial or administrative burden on the City; (d) The request shall not fundamentally alter the City’s land use, zoning, or building regulations; (e) The request shall be reasonable; (f) The request makes a dwelling available to an individual whose tenancy would not result in substantial physical damage to the property of others; and (g) The request abides by any other relevant considerations under federal or state law. 3. The applicant bears the burden of proof to demonstrate that the requested accommodation is necessary and reasonable under the standards and definitions set forth in federal and state law, including federal and state case law. E. Approval Process. 1. The applicant shall provide evidence of compliance with all applicable requirements to the City, as well as regulations and standards of the Department of Human Services of the State of Utah governing the licensing and operation of the facility. 2. The Reviewing Departments shall be the final approving authority except in the case of a reasonable accommodation exception request. A reasonable accommodation exception requires approval by the City Council following a public hearing. 3. A permit to operate a group home is nontransferable. 4. The operator of the facility will provide assurances that the residents of the facility will be properly supervised on a 24-hour basis. 5. The applicant shall obtain and maintain all licenses from the State of Utah Department of Human Services required to operate the facility and shall provide the City with proof of such licenses. F. Noncompliance. 1. Reviewing Departments. If there is cause to believe that grounds for revocation or modification of a group home permit exists, the Reviewing Departments shall hold a meeting on the question of modification or revocation of a permit granted pursuant to the provisions of this Chapter 12. 2. Revocation. A group home permit may be revoked if the Reviewing Departments find, by a preponderance of the evidence, that: (a) the group home permit was obtained in a fraudulent manner; (b) the use for which the group home permit was granted has now ceased for at least six consecutive calendar months; or (c) the basis for reasonable accommodation for the Group Home permit has not been substantially met. 3. Modification. A group home permit granted may be modified by the Review Departments without the consent of the property owner or operator if the Reviewing Departments find, by a preponderance of the evidence, that the group home constitutes or is creating a nuisance.