19.05.09 Residential Facilities for Persons with a Disability

1. Purpose. The purpose of this Section is to: a. comply with Utah Code § 10-20-610; b. comply with the Utah Fair Housing Act and the federal Fair Housing Act for persons with a disability; c. provide reasonable accommodations as required by the federal Fair Housing Act for persons with a disability; and d. sustain and reinforce the existing land uses identified in the Land Development Code. 2. Definitions. For the purpose of this section, certain words are defined in section 19.02.02 or in the Utah Municipal Land Use, Development, and Management Act. 3. Applicability. This section shall be deemed to govern any facility, residence, or other circumstance that meets the definition of a residential facility and disabled person as set forth in section 19.02.02. 4. A residential facility for persons with a disability shall be allowed in all zones that allow residential uses described in this title. Each such facility shall conform to the following requirements: a. The facility shall comply with all building, safety, health, environmental, and fire regulations and any requirements set forth in any permit issued by a state agency. b. The following on-site and off-site development standards shall be applicable: i. Each facility shall be subject to minimum site development standards applicable to a dwelling in the zone that the facility is located; ii. Each facility shall be required to provide proof of sufficient access to water; iii. Each facility shall be required to provide proof of adequate ability to dispose of waste water and sewage; iv. The minimum number of parking spaces required shall be the same as the number required for a dwelling with similar occupancy and density in the same zone; and v. Each facility shall be required to provide road access that meets City minimum standards as determined by the City Engineer, in consultation with emergency service providers. c. No facility shall be made available to an individual who has demonstrated, as a resident, that they: i. Constitute a direct threat to the health or safety of other individuals; ii. Engage in conduct resulting in substantial physical damage to the property of others; or iii. Currently use or distribute illegal controlled substances. d. 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 to the City Planning Director and Recorder; ii. Certify, in a sworn affidavit submitted with the application for a business license, compliance with the Americans with Disabilities Act; and iii. Certify, in a sworn affidavit submitted with the application for a business license, that no person will remain in the facility whose behavior has demonstrated a direct threat to the health or safety of other individuals or whose behavior has resulted in substantial physical damage to the property of others. e. The use permitted by this section is nontransferable and shall terminate if: i. A facility is used other than a residential facility for persons with a disability; ii. The license or certification issued by the department of human services or department of health terminates or is revoked; or iii. The facility fails to comply with the conditions set forth in this section. f. In all zones that allow residential uses, no residential facility for persons with a disability shall exceed eight residents, not including staff or the family that owns the residence. g. No residential facility for persons with a disability shall be permitted in a zone that does not permit residential uses. 5. Reasonable Accommodations. None of the foregoing conditions shall be interpreted to limit reasonable accommodations necessary to allow the establishment or occupancy of a residential facility for persons with a disability. a. Any person or entity who wishes to request a reasonable accommodation shall make application to the Hearing Examiner. Such application shall specifically articulate, in writing, the following: i. The name, mailing address, and phone number of the applicant; ii. The nature and extent of the disability; iii. An exact statement of the ordinance or policy from which the applicant needs a reasonable accommodation; iv. The applicant’s proposed reasonable accommodation; v. A statement detailing why a reasonable accommodation is necessary; and vi. The physical address of the property where the person with a disability intends on living. b. When considering whether or not to grant a reasonable accommodation, the Hearing Examiner shall use the following factors: i. The zoning regulations applicable to the property; ii. The parking, traffic, and noise impact on the neighborhood if the reasonable accommodation is granted; iii. Whether or not the accommodation will be an undue burden or expense to the City; iv. The extent that the accommodation will or will not benefit the applicant; v. The extent that the accommodation will or will not benefit the community; vi. Whether the accommodation fundamentally alters the City-wide Land Development Code and General Plan; vii. Whether the applicant demonstrated that the accommodation will affirmatively enhance the applicant’s use of his property or ameliorate the effects of the persons’ disability; viii. Without the accommodation, whether similar housing is available in Saratoga Springs for the persons with a disability; and ix. Given the scope of the accommodation requested, what the impact is on the immediate neighborhood. c. Written findings and conclusions of the Hearing Examiner’s decision shall be sent to the applicant within thirty days of the decision; and d. If a request for a reasonable accommodation is denied, the decision may be appealed directly to district court.