14.84.040 RESIDENTIAL FACILITIES FOR ELDERLY AND DISABLED PERSONS: Non-Residential Treatment Facilities

1. Non-residential treatment facilities shall not be built within the unincorporated area of Sanpete County except as specifically allowed as a permitted or conditional use by proper designation in a zone or zones in this title. Each permitted facility, or facility allowed as a conditional use, shall conform to the following requirements: a. The facility shall comply with all building, safety, zoning and health regulations, the Americans with Disabilities Act, fire regulations, and all applicable state core standards and licensing requirements, and any standards set forth in any contract with a state agency. b. The following site development standards and parking standards shall be applicable: i. Each facility shall be subject to minimum site development standards applicable to a business in the zone in which the facility may be located; and ii. The minimum number of parking spaces required shall be the same as the number required for an office building with similar size, occupancy, and density in the same zone. c. Prior to occupancy of the 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: i. Provide a certified copy of such license. ii. Certify, in a sworn affidavit submitted with application for a business license, compliance with the Americans with Disabilities Act. d. The use permitted by this section is non-transferable and shall terminate if: i. The facility is devoted to or used as other than a non-residential facility; or ii. The license or certification issued by the Department of Human Services, Department of Health or any other applicable agency, terminates or is revoked, or the facility fails to comply with the conditions set forth in this section. e. No non-residential treatment facility shall be established or maintained within one (1) mile measured in a straight line between the closest property lines of the lots or parcels of the following facilities: i. A residential facility for persons with a disability; ii. A residential facility for elderly with more than five (5) elderly persons in a residence; or iii. Any of the following facilities: protective housing facility, transitional housing facility, assisted living facility or rehabilitation/treatment facility, a non-residential treatment facility, and elementary schools. f. No facility shall be made available to an individual who has demonstrated, by prior behavior, actions and/or criminal convictions, or as a resident, that he or she: i. May be determined to be or does constitute a direct threat or substantial risk to the health or safety of other individuals; or ii. Has or may engage in conduct resulting in substantial physical damage to the property of others. 2. To the extent similar requirements to any contained in this section are contained in the specific zone in which any facility referred to herein may be located, the more restrictive provisions shall apply, and the requirements stated herein shall be considered to be in addition to presently existing zoning regulations.