A. General Requirements:
1. A CLF shall comply with all standards, provisions and rules of the applicable sections of Utah administrative code. A CLF is subject to the LaVerkin City zoning requirements, the standards contained herein, and the exemptions below.
2. A CLF shall comply with all building, safety, and health regulations applicable to similar structures. As part of this requirement the following site development standards and parking standards shall be applicable: (Ord. 2005-13, 4-20-2005)
a. Each CLF in a residential zone shall be subject to minimum site development standards applicable to a one-family dwelling or other similar dwelling in the zone in which the CLF is located. (Ord. 2009-06, 4-15-2009)
b. The minimum number of parking spaces required for a CLF in residential zones shall be the same as those for a similar dwelling located in the same zoning district in which the CLF is located.
c. A CLF in a residential zone shall not have any structural or landscaping alterations that would change the residential character of the structure or the surrounding area.
3. Any conversion, remodel or alteration of buildings or new construction of a CLF shall require that the development standards of LaVerkin City zoning ordinance and the LaVerkin City general plan are met.
4. Any conversion of existing buildings or uses to a CLF, or any new construction of a CLF shall provide at least thirty percent (30%) of the area as open green space or playground, sufficient parking to service the number of vehicles likely to be used by the maximum allowed number of residents, and adequate off street parking spaces for the staff and visitors of the CLF as determined by the city council. The city council may reduce the parking requirement as part of the conditional use permit or license approval upon a finding that less parking will meet the needs of the public and the proposed program.
5. The number of residents in a CLF shall not increase above eight (8) unless a conditional use permit is recommended by the planning and zoning commission and is approved by the city council.
6. The planning and zoning commission and city council shall consider the general plan, protection of neighborhood character, permitted uses in underlying zones, and the aesthetics of any proposed building in making its recommendations and/or approval to any CLF.
7. In review of any application for reasonable accommodation, the city council shall consider whether the use proposed will fill a demonstrated community need and shall analyze the anticipated impact of the proposal on surrounding, existing or intended uses, including the result with any written findings made. Consideration and analysis may include, but are not limited to: field trips to the site, commissioned studies, expert opinions, etc. Before granting any application for reasonable accommodation, the city council shall find:
a. That the applicant is eligible for reasonable accommodation because the facility will house a meaningful proportion of the legally disabled;
b. That the accommodation will affirmatively enhance the quality of life of the disabled by ameliorating the effects of their disabilities;
c. That the accommodation will impose no undue financial or administrative hardship on the city;
d. That the accommodation proposed is necessary to provide an equal opportunity for housing to the disabled;
e. That the accommodation will not adversely impact the harmony or intended character of the zone;
f. That the proposed accommodation will not adversely impact legislative goals of the rule being relaxed, including those designed to protect the aquifer and comply with the guidelines of the city's contract with the Washington County water conservancy district.
8. All recipients of facility services shall reside on site.
9. Any CLF which is a business shall maintain active, current business entity status with the Utah department of commerce and current business licensure from LaVerkin City.
10. Prior to the occupancy of any CLF requiring state licensure or certification, the person or entity to be licensed or certified shall:
a. Provide a copy of such license or certification to the city,
b. Certify to the city that no person will reside or remain in the facility whose tenancy would likely constitute a direct threat to the health or safety of other individuals, or result in substantial physical damage to the property of others.
B. Large CLFs:
1. All CLFs housing more than eight (8) persons shall require a conditional use permit. For purposes of state licensure, a CLF may receive preliminary approval of the permit from the city council. However, final approval is contingent upon receipt and review of documentation of compliance with all federal, state, and local regulations and requirements, by the city council. Preliminary approval is offered as a convenience and is in no way assurance of final granting of the permit if all requirements are not met.
2. The application for a conditional use permit shall include sufficiently detailed site plans, building plans or remodeling plans, and all other information necessary to determine compliance with building, fire and health regulations and standards applicable to similar dwellings. Any alterations must be reviewed and recommended for approval by the city planning and zoning commission and shall be approved by the city council before a conditional use permit is approved.
3. The LaVerkin City planning and zoning commission may recommend and council may approve a conditional use permit to operate a CLF they deem to be in harmony with the zone, the surrounding uses, and the general plan; and in the best interests of the health, safety and welfare of the city, within the limits of this code, Utah Code Annotated, and Utah administrative code. Commission and council shall consider in their decisions any anticipated impacts of traffic, noise, disruption, added infrastructure, or saturation in the location proposed.
4. A business plan and a community impact study shall be provided by the applicant as part of the application for the conditional use permit at applicant's expense, and shall be conducted by an appropriately qualified firm or individual within any guideline passed by resolution of the city (if any). The findings shall include results of a ground water protection study, and shall specifically describe and evaluate the programs provided and the impact of the CLF on:
a. Local schools,
b. The city's economy and economic resources,
c. The tax revenue of the city,
d. The city's infrastructure including water hookup, sewer, septic and floodplain concerns,
e. Public safety and law enforcement,
f. Traffic,
g. Aesthetics,
h. Tourism,
i. Neighboring properties and businesses,
j. The impact on property values, if any, and
k. The impact of any other uses within or proposed within the same building to be used as a CLF.
5. The number of residents in a CLF shall not increase above the number allowed in the conditional use permit unless an amendment to the permit is recommended by the planning and zoning commission and approved by the city council. Any request for amendment to any CLF conditional use permit shall be accompanied by a new study as described in subsection B4 of this section. (Ord. 2005-13, 4-20-2005)