A. Applicability: This section shall govern any facility, residence, or other circumstance that constitutes a "residential facility for persons with a disability" as defined in this title. The requirements of this section shall govern and control any contrary provisions of this title or the city code. Except as provided herein, the requirements of this section shall not be construed to prohibit or limit other applicable provisions of this title, the city code or other laws.
B. Legislative Intent: The intent of this section is:
1. To comply with Utah Code Annotated 10-9a-520, as amended; and
2. To allow persons with disabilities the same rights and privileges to live in the city's residential areas as those persons who are not disabled by implementing the policies and goals provided in the Utah fair housing act and the federal fair housing amendments act of 1988, 42 USC section 3601 et seq., as interpreted by the courts having jurisdiction over the city of Elk Ridge.
C. Permitted Use:
1. Permitted Use: Notwithstanding any contrary provision of this title, a residential facility for persons with a disability shall be a permitted use in any zone in the city where similar residential dwellings that are not residential facilities for persons with a disability are allowed as a permitted or conditional use, subject to the same land use regulations applied to single-family residential dwellings in the zone in which the facility is proposed to be located, except as may be specifically modified in this section.
2. Termination: A use permitted by this section is nontransferable and shall terminate if:
a. The facility is devoted to a use other than a residential facility for persons with a disability; or
b. Any license or certification issued by the Utah department of health or the department of human services for such a facility terminates or is revoked; or
c. The facility fails to comply with the requirements set forth in this section.
D. Development Standards: The development standards set forth in this section shall apply to any residential facility for persons with a disability.
1. Building, Safety And Health Regulations:
a. The facility shall comply with all building, safety and health regulations applicable to similar uses in the same zone that are not residential facilities for persons with a disability.
b. The landscaping and structures located on site of the residential facility shall maintain the residential character of other similar single-family residences located within the same zone. Facilities utilizing existing residential structures shall not make alterations to the landscaping or structure that would change the structure's residential character. Landscaping shall be established and well maintained in a manner consistent with the standard of maintenance for yards and landscaping of other homes in the immediate neighborhood.
c. In order to properly provide for staff and visitor parking, the facility shall include a minimum of one on site parking stall for each resident of the facility including staff, or comply with the parking standards of the zone in which the facility is proposed to reside if the minimum number of parking stalls required in the zone is greater. A pick up and delivery area may be provided if appropriate but shall be designed to maintain the residential character of the property. A parking plan and improvement schedule shall be submitted including:
(1) A parking stall count; and
(2) Landscaping to screen parking and drive areas that are larger than or out of character with the typical residential parking facilities residing in the same zone; and
(3) A schedule for completion of the additional parking and landscaping.
d. Residential facilities for persons with disabilities that are substance abuse facilities and are located within five hundred feet (500') of a school shall provide, in accordance with rules established by the department of human services under title 62a, chapter 2, licensure of program and facilities:
(1) A security plan satisfactory to local law enforcement authorities; and
(2) Twenty four (24) hour supervision for residents; and
(3) Other twenty four (24) hour security measures as may be recommended by the local law enforcement authorities.
2. No Dangerous Persons Permitted: No facility shall be made available to an individual whose tenancy would:
a. Constitute a direct threat to the health or safety of other individuals; or
b. Result in substantial physical damage to the property of others.
3. License And Certification: Prior to occupancy of any facility, the person or entity operating the facility shall:
a. Apply for and hold a current city business license; and
b. Provide the city with a copy of any license or certification required by the Utah state department of health or the Utah state department of human services; and
c. Evidence that the applicable state agency has approved the specific structure proposed for occupancy and that it meets the agency's criteria for size, number, and amenities related to bedrooms, bathrooms, and other living areas to adequately provide accommodations for the proposed number of residents and staff members; and
d. Certify, in a sworn affidavit submitted that no person will reside or remain in the facility whose prior or current behavior, actions and/or criminal incidents or convictions, have demonstrated that such person is or may be a substantial risk or direct threat to the health or safety of other individuals, or whose said behavior, actions and/or incidents or convictions have resulted in or may result in substantial physical damage to the property of others. Such affidavit shall be updated at the time of the application for renewal of the business license. (Ord. 12-05, 11-27-2012)
4. Separation Required: In order to preserve the residential character of the neighborhoods of Elk Ridge, and the residential nature of the residential facilities for persons with a disability, and to see that such facilities are reasonably dispersed throughout the city, no residential facility for persons with a disability shall be located within three thousand nine hundred sixty feet (3,960') (3/4 mile) from an existing residential facility for persons with a disability. The distance shall be measured from the property line of the existing facility to the property line of the proposed facility. (Ord. 13-3, 4-9-2013)
5. Number Of Occupants: Occupancy of a residential facility for persons with a disability shall be limited to no more than four (4) unrelated persons. For purposes of determining the number of occupants of a facility, persons engaged to provide services to the residents of the facility shall be counted if they reside at the residence.
6. Facility To Serve Only As A Residence For Persons With A Disability: No professional counseling, therapy or other treatment shall be provided in the facility for any person other than a resident or invited guest of the resident. (Ord. 12-05, 11-27-2012)
E. Reasonable Accommodation: None of the requirements of this section shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a residential facility for persons with a disability. A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities. Refer to section 10-12-42, "Reasonable Accommodation", of this chapter for the processes and procedures required to request and review a request for reasonable accommodation. (Ord. 13-4, 4-9-2013)