A. Applicability: This section shall be deemed to govern any facility, residence, or other structure or circumstance that meets the definition of an assisted living facility or a residential facility as set forth in this chapter and the definition of a person with a disability as set forth in this chapter. The requirements of this section shall govern the same notwithstanding any other provisions of this code.
B. Purpose: The purposes of this section are:
1. To comply with title 10, chapter 9a, section 520, Utah Code Annotated, 1953, as amended; and
2. To avoid discrimination in housing against persons with disabilities as provided in the Utah fair housing act and the federal fair housing act as amended and as interpreted by the courts having jurisdiction over the city of Farr West.
C. Permitted Use: An assisted living facility or residential facility for persons with a disability shall be a permitted use in any zoning district where a dwelling is allowed. Each such facility shall conform to the following requirements:
1. The facility shall comply with all applicable building, safety 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. The facility shall also comply with the city's land use zoning provisions applicable to single-family dwellings for the zone in which it is to be located, except as may be modified by the provisions of this chapter.
2. The following site development standards and parking standards shall be applicable:
a. Each facility shall be subject to minimum site development standards applicable to a dwelling unit in the zone in which the facility is located; and
b. The minimum number of handicapped parking spaces required shall be as determined by the international building code, and a parking plan providing the rationale for the number of nonhandicapped parking stalls shall be submitted with the site plan.
3. 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:
a. May be determined to be or does constitute a direct threat or substantial risk to the health or safety of other individuals; or
b. Has or may engage in conduct resulting in substantial physical damage to the property of others.
4. Prior to occupancy of the facility, the person or entity licensed and/or certified by the Utah department of human services or the Utah department of health to establish and operate the facility shall:
a. Provide a certified copy of such license and/or certification to the city recorder;
b. Certify, in a sworn affidavit submitted with the application for a business license, that the facility is or will be in compliance with the Americans with disabilities act;
c. Certify, in a sworn affidavit submitted with the application for a business license, that no person will be placed 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 supplemented and updated not less than one hundred fifty (150) days nor more than one hundred ninety (190) days from the date of issuance of the business license and at the time of the application for renewal of the business license.
5. The use permitted by this section is nontransferable and shall terminate if:
a. A facility is devoted to or used as other than an assisted living facility or a residential facility for persons with a disability; or
b. The license or certification issued by the department of human services, department of health or any other applicable agency, terminates or is revoked; or
c. The facility fails to comply with the conditions set forth in this section.
6. Residential facilities for persons with disabilities that are substance abuse facilities, and are located within one thousand feet (1,000') of a school as measured from nearest property line of the school to the nearest property line of the proposed facility, shall provide the following in accordance with rules established by the Utah department of human services under title 62A, chapter 2, licensure of program and facilities:
a. A security plan satisfactory to local law enforcement authorities;
b. Twenty four (24) hour supervision for residents; and
c. Other twenty four (24) hour security measures.
D. Reasonable Accommodations: None of the foregoing conditions shall be interpreted to limit reasonable accommodations necessary to allow the establishment or occupancy of an assisted living facility or a residential facility for persons with a disability.
1. Any person or entity who wishes to request a reasonable accommodation shall make application to the planning commission. Said applications shall specifically articulate, in writing, the following:
a. The name, mailing address, and phone number of the applicant;
b. The nature and extent of the disability;
c. An exact statement of the ordinance from which the applicant needs a reasonable accommodation;
d. The applicant's proposed reasonable accommodations;
e. A statement detailing why a reasonable accommodation is necessary; and
f. The physical address of the property where the applicant intends on living;
2. When considering whether or not to grant a reasonable accommodation, the planning commission and city council shall consider the following factors, among others deemed appropriate and applicable:
a. The zoning ordinance applicable to the property;
b. The parking, traffic, and noise impact on the neighborhood if the reasonable accommodation is granted;
c. Whether or not the accommodation will be an undue burden or expense to the city;
d. The extent to which the accommodation will or will not benefit the applicant;
e. The extent to which the accommodation will or will not benefit the community;
f. Whether or not the accommodation fundamentally alters the citywide zoning ordinance and whether or not the accommodation would likely create a fundamental change in the character of a residential neighborhood;
g. Whether or not the applicant for reasonable accommodation has demonstrated that the accommodation will affirmatively enhance the resident's life, or ameliorate the effects of the resident's disability, or the lives or disabilities on whose behalf the entity is applying;
h. Whether or not, without the accommodation, similar housing is available in the city of Farr West for the applicant or group of applicants;
i. Given the scope of the accommodation requested, what is the impact on the immediate neighborhood; and
j. The requirements of applicable federal and state laws and regulations;
3. Written findings and conclusions of the planning commission shall be sent to the applicant within thirty (30) days after the decision; and
4. If a request for a reasonable accommodation is denied, such decision may be appealed to the city council. (Ord. 2012-03)