A. Requirements Determined To Comply: The requirements of this section are hereby found to comply with title 57, chapter 21, Utah Code Annotated Utah fair housing act, and the federal fair housing amendments act of 1988, 42 USC section 3601 et seq.
B. Applicant Required To Identify Type Of Facility:
1. The applicant for a land use permit to establish a residential facility for persons with a disability, and who is either the owner or provider, shall identify in writing, and include with the land use application, the specific type of residential facility for persons with a disability to be licensed by the Utah department of human services, office of licensing, under title 62A, chapter 2 Utah Code Annotated or the Utah department of health under title 26, chapter 21, Utah Code Annotated health care facility licensing and inspection act.
2. No action by the land use authority, as applicable, shall be taken and no application shall be scheduled for review until the applicant has specifically identified the type of residential facility for persons with a disability proposed to be licensed by the Utah department of human services, office of licensing, under title 62A, chapter 2 Utah Code Annotated or the Utah department of health under title 26, chapter 21, Utah Code Annotated health care facility licensing and inspection act.
C. Land Use Authority Approval Limited: The approval of a permit or license to operate a residential facility for persons with a disability shall be limited to the type of residential facility for persons with a disability, as licensed by the Utah department of human services, office of licensing under title 62A, chapter 2 Utah Code Annotated or the Utah department of health under title 26, chapter 21, Utah Code Annotated health care facility licensing and inspection act.
D. Minimum Standards For Land Use Permit Approval:
1. State Law Compliance: All land use applications to establish a residential facility for persons with a disability shall comply with all requirements for licensure, as required by the Utah department of human services or the Utah department of health and this section.
2. Physical Environment:
a. The residential facility for persons with a disability is proposed to be located within a zoning district where similar residential dwellings that are not residential facilities for persons with a disability are allowed 1 . Such zoning districts are identified in section 10-25-1 of this title, appendix A, table of uses.
c. As provided by R501 et seq., Utah administrative code ("UAC") as amended, no residential facility for persons with a disability shall be approved unless it complies with all physical facilities requirements including:
(1) It is proposed in a building, or buildings, that complies, or will comply with county land use ordinances, as adopted, and as applicable to similar structures in the zoning district in which the residential facility for persons with a disability is proposed, as evidenced in writing by the county planner/zoning administrator.
(2) It is proposed in a building, or buildings, that complies, or will comply, with all business license requirements, as evidenced in writing by the county planner/zoning administrator.
(3) It is proposed in a building, or buildings, that complies, or will comply with all building code(s), as adopted, and as applicable to similar structures in which the residential facility for persons with a disability is proposed, as evidenced in writing by the county building official.
(4) It is proposed in a building, or buildings, that complies, or will comply with all state fire prevention laws and requirements, as evidenced in writing by a representative of the state of Utah fire marshal's office.
(5) It is proposed in a building, or buildings, that complies, or will comply with all state and local health codes and rules regarding sanitation and infectious disease control, as evidenced in writing by the local health department.
3. Buildings And Grounds:
a. The appearance and cleanliness of the building(s) and grounds shall be adequately maintained.
b. Reasonable measures shall be taken to ensure a safe physical environment for all clients and staff.
E. Maximum Number Of Occupants (Clients And Staff) To Be Established: Any building, or buildings, proposed to be used as a residential facility for persons with a disability shall be inspected or reviewed by the Millard County building official, considering the requirements of physical environment, as provided by UAC, as amended, and established for the type of residential facility for persons with a disability, as identified by the applicant, as required by subsection B of this section. Following this inspection or review, the county building official shall determine the maximum number of occupants (clients and staff) to be permitted for the type of residential facility for persons with a disability. This determination shall be provided in writing to the land use authority, as applicable, and prior to any action by the land use authority on the land use application.
F. Licensed Or Certified By The State; Permitted Use Provisions To Apply:
1. The state of Utah department of human services, office of licensing and department of health licenses or certifies various residential facilities. For the purposes of this section, a residential facility for persons with a disability licensed or certified by the state of Utah department of human services, office of licensing or the department of health shall be a permitted P-1 use within a zoning district where similar residential dwellings that are not residential facilities for persons with a disability are allowed 3 .
2. No residential facility for persons with a disability shall be approved by the land use authority unless and until all requirements for the necessary license or certification have been met and the facility has received the necessary approval from the state of Utah department of human services, office of licensing or the state of Utah department of health; or
3. The land use authority shall condition an approval of a land use application on the presentation of written evidence that the state of Utah department of human services, office of licensing or the department of health, as required by this section, has licensed the residential facility for persons with a disability. Failure to provide written evidence of such license or certification within ninety (90) days following approval to the county planner/zoning administrator shall automatically void any approval and invalidate any existing or pending land use permit or license.
G. Continued Compliance With All State Licensure Requirements:
1. The responsibility to license or certify programs, or owners or providers that operate a residential facility for persons with a disability, as well as require and monitor the provision of adequate services to clients shall rest with the state of Utah department of human services or the state of Utah department of health. All types of residential facilities for persons with a disability shall maintain the necessary license or certification as required by the Utah department of human services or the Utah department of health.
2. Failure to maintain a valid license or certification with the department of human services or the department of health shall be cause for any approval, license or permit issued by a land use authority to be automatically terminated and be found to be void and invalid.
H. Approval To Operate Nontransferable:
1. The Utah department of human services, office of licensing and the Utah department of health specifically issues the required license or certification to operate the type of residential facility for persons with a disability approved by the Utah department of human services, office of licensing or the Utah department of health to the owner or operator of the facility.
2. An approval to operate a residential facility 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 residential facility for persons with a disability, and as identified as the owner or provider, licensed by the state of Utah department of human services or the state of Utah department of health. An approval to operate a residential facility for persons with a disability terminates if the building, or buildings, are devoted to another use or if the facility fails to comply with any of requirements of this section or the requirements of the Utah department of human services or the Utah department of health.
I. Reasonable Accommodations: The land use authority, in reviewing an application to establish and operate a residential facility for persons with a disability, may to the extent necessary, modify the requirements of this section, if such modification is necessary to make a reasonable accommodation to afford persons residing in such facility equal opportunity in the use and enjoyment of the facility and/or to comply with the requirements of title 57, chapter 21, Utah Code Annotated Utah fair housing act or the federal fair housing amendments act of 1988, 42 USC section 3601 et seq. (Ord. 12-12-04, 12-4-2012)
Notes
| 1 | 1. UCA § 17-27a-519(2)(b), as amended. |
| 2 | 2. UCA § 17-27a-519(3)(a)(i), as amended. |
| 3 | 1. UCA § 17-27a-519(2)(b), as amended. |