(A) Applicability. This section shall be deemed to govern any facility, residence or other circumstance that meets the definition of a residential facility as set forth in this subchapter, and the definition of a disabled person as set forth in this subchapter for the requirements of this section shall govern the same notwithstanding any other provisions of town ordinance.
(B) Purpose. The purposes of this section are:
(1) To comply with UCA Title 10, Chapter 9, § 605
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, as amended; and
(2) To avoid discrimination and housing against persons with disabilities as provided in the Utah Fair Housing Act and the Fair Housing Amendments Act as interpreted by the courts having jurisdiction over the town.
(C) Permitted. A 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 building, safety and health regulations, the American 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.
(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.
(b) The minimum number of parking spaces required shall be the same as the number required for a dwelling with similar occupancy density in the same zone.
(3) No facility shall be made available to an individuals who has demonstrated, as a resident, that they:
(a) Constitute a direct threat to the health or safety of other individuals; or
(b) 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 or certified by the Department of Human Services or the Department of Health to establish and operate the facility shall:
(a) Provide a certified copy of such license to the Town Clerk;
(b) Certify, in a sworn affidavit submitted with the application for a business license, 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 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.
(5) The use permitted by this section is non-transferrable and shall terminate if:
(a) A facility is devoted to or used as other than a residential facility for persons with a disability; or
(b) The license or certification issued by the Department of Human Services or Department of Health terminates or is revoked; or
(c) The facility fails to comply with the conditions set forth in this section.
(6) In all residential zoning districts (RR-1/2, RR-2, RA), no residential facility for persons with a disability shall exceed four residents not including staff or the family that owns the residence.
(7) In a CC Zoning District, no residential facility for persons with disabilities shall exceed eight and shall be required to obtain a conditional use permit.
(D) 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 person(s) with a disability.
(1) Any person or entity who wishes to request a reasonable accommodation shall make application to the Planning and Zoning Board for a conditional use permit. 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 or policy 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 wether or not to grant a reasonable accommodation, the Planning and Zoning Board shall use the following factors:
(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) Wether or not the accommodation will be an undue burden or expense to the town;
(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) Weather or not the accommodation fundamentally alters the town-wide zoning ordinance;
(g) Has the applicant demonstrated that the accommodation will affirmatively enhance the applicant’s life or ameliorate the effects of the applicant’s disability;
(h) Without the accommodation, is similar housing available in the town for the applicant or group of applicants; and
(i) Given the scope of the accommodation requested, what is the impact on the immediate neighborhood.
(3) Written findings and conclusions of the Planning and Zoning Board shall be sent to the applicant within 90 days.
(4) If a request for a reasonable accommodation is denied, such decision may be appealed to the Town Council.
(Ord. 14-08-04, passed 11-13-2014)
Notes
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