Zoning 1714 Residential Facilities for Persons with a Disability

The approval of a Residential Facility for Persons with a Disability is nontransferable and terminates if the structure is devoted to a use other than a Residential Facility for Persons with a Disability, or if the structure fails to comply with the requirements of this Section. 1) No Residential Facility for Persons with a Disability shall be established unless: a) It is proposed in a building that complies with all Land Use Ordinances and Building Code(s), as adopted, as applicable to similar structures in the Zoning District in which the Residential Facility for Persons with a Disability is proposed. b) The Residential Facility for Persons with a Disability proposes no fundamental change in the character of the neighborhood. 2) Maximum Number of Occupants (Consumers and Staff). Any building proposed to be used as a Residence for Persons with a Disability, the existing building, or building plans, shall be reviewed by the Building Official, considering the Categorical Standards for physical facilities, as established by the State of Utah Department of Human Services. Following this review the Building Official shall determine and establish the maximum number of persons allowed to reside within the Residence for Persons with a Disability. 3) State of Utah Department of Human Services License. At the time of Application to establish a Residence for Persons with a Disability, or within forty-five (45) calendar days following approval, the owner or provider shall provide to the Treasurer/Recorder evidence that the Residence is licensed by the State of Utah Department of Human Services for the type of Residence being considered by the County. The Land Use Authority shall condition any approval on the presentation of evidence that the Residence is licensed by the State of Utah Department of Human Services, as required by this Section. Failure to provide such evidence shall be grounds for the County to invalidate any existing or pending approval. 4) Continued Compliance with the Licensure Requirements of the Department of Human Services. The responsibility to license programs, or owners or providers that operate a Residence for Persons with a Disability, as well as require and monitor the provision of adequate services to consumers residing therein shall rest with the State of Utah Department of Human Services. 5) Approval to Operate a Residence for Persons with a Disability Non-transferable. An approval to operate a Residence for Persons with a Disability, as authorized by this Section, is nontransferable and shall only be valid to the owner or provider identified on the application authorizing the operation of the Residence, and as identified as the owner or provider as licensed by the State of Utah Department of Human Services. An approval to operate a Residence for Persons with a Disability terminates if the building is devoted to another use or if the building fails to comply with any of the standards established herein. 6) Reasonable Accommodations. The Land Use Authority, in reviewing an application to establish and operate a Residence for Persons with a Disability, may to the extend necessary, modify the requirements of this Section, if such modification is determined necessary to make a reasonable accommodation for persons residing in such facilities equal opportunity in the use and enjoyment of the facility.