12.170 Supplementary Requirements for Rehabilitation and Treatment Facilities, Drug and Alcohol

01/26/16; 8/22/23) As used in this section, a rehabilitation and treatment facility means a 24-hour group living environment for individuals, unrelated to an owner or operator, that offers room or board and specialized treatment, rehabilitation, or habilitation services for persons with current chemical dependencies. A. Special Permit Standards and Approval Process. 1. Any person, business, or entity desiring to establish a rehabilitation and treatment facility shall obtain approval by following the procedures set forth herein. This process shall be initiated by submitting complete site plan and conditional use applications, including all applicable fees, to the City. 2. The site plan application shall include sufficiently detailed site plans, building plans, or remodeling plans, and other information necessary to determine compliance with building, safety, and health regulations and standards applicable to similar dwellings. The Reviewing Departments shall review the site and building or remodeling plans and specify any modifications and improvements necessary to bring the structure and site into compliance with all applicable local and state codes. Any alterations shall be approved by the Planning Commission before a conditional use permit is approved. Additionally, the facility shall conform to all applicable building, fire, health, and safety codes and requirements for facilities of this type. 3. Occupancy of the structure shall be such that each resident is provided adequate personal space. A residential facility shall ensure that each bedroom space in the facility has a floor area, exclusive of closet space, of at least 74 square feet for an initial occupant and an additional 50 square feet for each occupant of this space. In the event that state laws, regulations or guidelines exceed these requirements, compliance with state requirements will be enforced. 4. The applicant shall verify compliance with all applicable requirements, regulations, and standards of the Department of Human Services of the State of Utah governing the licensing and operation of drug and alcohol treatment facilities. 5. The application, together with comments and conditions required by the Reviewing Departments, shall be submitted to the Planning Commission for a public hearing for the purpose of receiving public input regarding the application and for final approval. At least ten days before the public hearing, the applicant shall provide written notification, either in person or by first class mail, to all citizens living within or owning property within 300 feet of the proposed site of the group home. 6. The Planning Commission shall be the final approving authority, subject to the applicant's right of appeal pursuant to this section. Upon determination of compliance with all of the requirements of this section, the Planning Department shall provide notice of approval for the proposed facility. However, where, in the opinion of the Planning Commission, the information provided by the applicant is insufficient or the facility is not in compliance with the requirements of this section, the application may be denied. 7. A permit to operate a rehabilitation and treatment facility shall be: (a) nontransferable; and (b) terminable if at any time it is demonstrated to the Planning Commission, or City Council, that: (i) the structure is devoted to a use other than as was approved; (ii) the structure fails to comply with the requirements of this section; or (iii) the program has failed to operate in accordance with the requirements of this section. 8. If the Planning Commission specifically finds that the tenancy of an individual in a rehabilitation and treatment facility would constitute or pose a direct or serious threat to the health or safety of other individuals, or whose tenancy would result in substantial physical damage to the property of others, based on the reasonable medical judgment of health care professionals, and the judgment of such other professionals as the Planning Commission may deem necessary, it may impose appropriate conditions or deny occupancy to that individual. The Planning Commission shall have authority to request sufficient information to make an informed judgment with respect to this provision, but such information shall not become a matter of public record and shall be obtained in a manner which respects the privacy of the individual resident or occupant of the facility. The applicant's refusal to provide such information shall be justification for denial of occupancy of the individual in question. 9. The facility shall provide one off-street parking space for each four residents, plus adequate parking for visitors and staff as determined by the Reviewing Departments in accordance with applicable City codes. The facility shall at a minimum provide three parking spaces. Tandem parking will not be considered in this determination. 10. The operator of the facility will provide assurances that the residents of the facility will be properly supervised on a 24-hour basis. 11. The applicant shall obtain and maintain all licenses from the State of Utah Department of Human Services required to operate a rehabilitation and treatment facility and provide the City with proof of such licenses. 12. Rehabilitation and Treatment Facilities for Drug and Alcohol shall not be allowed in any zone that allows for residential uses. B. The responsibility to License programs or entities which operate rehabilitation and treatment facilities, as well as to require and monitor the provision of adequate services to persons residing in those facilities, shall rest with the Department of Human Services as provided in Utah Code Section 62A-2-114.