17.52.120 STANDARDS

A residential facility for disabled persons in a zone permitting exclusively single-family dwelling use and any other area of the city where residential dwellings are allowed, shall be subject to the following conditions before being granted a conditional use permit: A. No residential facility for disabled persons may be established or maintained such that it hinders the residential character of the neighborhood, as determined by the planning commission. In no case shall such a facility be located within three-quarters (0.75) mile of another existing residential facility for disabled persons. B. The proposed use shall only be allowed if the home can meet all these conditions without structural alteration that would change the structure's residential character. C. Discrimination against disabled persons and against residential facilities for disabled persons is prohibited. All decisions regarding an application for a residential facility for disabled persons must be based on legitimate land use criteria, and may not be based on the disabled conditions of the facility's residents. D. The landscaping around the facility must be maintained or installed such that it enhances the residential character of the neighborhood. E. If the facility houses six (6) to eight (8) persons, it shall meet the uniform building code requirements of the latest edition adopted by the city for an institutional "I" occupancy. In all other respects, it should meet the uniform building code, as adopted by the city. F. If the facility houses six (6) to eight (8) persons, it shall meet the uniform fire code requirements of the latest edition adopted by the city for an institutional "I" occupancy. In all other respects, it shall meet the uniform fire code. G. The facility shall receive approval from the following agencies, prior to the issuance of the conditional use permit or final approval by the planning commission: 1. City planning commission; 2. City building inspector; 3. City fire department, or designee; 4. City public works department; 5. Cache County health department; 6. Any improvement district where applicable, as determined by the city council. H. The facility must meet the requirements of the life safety code as adopted by the city. If any one occupant is nonambulatory, and there are four (4) or more occupants, then it shall meet the requirements under the life safety code for a residential-custodial care facility. If all the occupants are ambulatory, then the facility shall meet the requirements of the life safety code for lodging houses. I. No person who is being treated for alcoholism or drug abuse or who is violent shall be placed in a residential facility for disabled persons. J. Placement in a residential facility for disabled persons shall be on a strictly voluntary basis and shall not be a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional institution. K. The use granted and permitted by this section is nontransferable and terminates if the structure is devoted to a use other than as a residential facility for disabled persons, or if the structure fails to comply with all applicable health, safety and building codes. L. In any municipal zoning district which is zoned to permit exclusively single-family dwelling uses, the planning commission may set other reasonable conditions for any individual applicant which it feels will further the intent of part 5, title 10, chapter 9, Utah Code Annotated, 1953, as amended, and this section. M. This chapter adopts the provisions outlined in Utah Code Annotated section 10-9-601 et seq., as amended. (Ord. 2000-9 § 2)