108-7-13 Residential Facility For Persons With A Disability Facility Requirements

The facility shall meet all city building, safety, and health codes applicable to similar dwellings. The operator of the facility shall provide assurances that the residents of the facility will be properly supervised on a 24-hour basis. Shall be licensed or certified by the department of human services under Title 62A, chapter 2, Licensure of Programs and Facilities (U.C.A. 1953, § 62A-1-101 et seq.). A minimum of two off-street parking spaces plus one off-street parking space for each staff member other than the resident manager or house parents shall be provided. The facility shall be capable of use as a residential facility for persons with a disability without structural or landscaping alterations that would change the structure's residential character. The facility shall meet all requirements and definitions by reference to either the Federal Fair Housing Amendments Act (42 USC 3602) or its successor statutes or the Utah Fair Housing Act (U.C.A. 1953, § 57-21-1 et seq.) or its successor statutes. No person being treated for alcoholism or drug abuse shall be placed in a residential facility for persons with a disability. No person who is violent shall be placed in a residential facility for persons with a disability. Placement in a residential facility for persons with a disability shall be on a strictly voluntary basis and not a part of or in lieu of, confinement, rehabilitation, or treatment in a correctional facility. The land use permit and business license granted in accordance with the provisions of this chapter, is nontransferable and terminates if the structure is devoted to a use other than as a residential facility for persons or, if the structure fails to comply with the city's building, safety, and health codes or the requirements of this section. These facilities must be licensed by the city's business licensing department with the original license and any renewals thereof subject to the inspection and prior approval of the city health and building departments. No residential facility for persons with a disability shall be made available to any individual whose tenancy therein would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others.