A. Land Use Authority Approval Limited: The approval of a permit or license to operate a therapeutic school shall be limited by the standards established by the Utah department of human services, office of licensing, and the county.
B. Minimum Standards For Land Use Permit Approval:
1. State Law Compliance: All land use applications to establish a therapeutic school shall comply with all requirements for licensure, as required by the Utah department of human services and this section.
2. Physical Environment: A therapeutic school shall comply with the following:
a. A therapeutic school shall be a conditional C-1 use within the zoning districts identified by section 10-25-1 of this title, appendix A, table of uses.
b. The proposed therapeutic school complies with the dispersal standards provided in section 10-25-1 of this title, appendix A, table of uses.
c. As provided by R501-14 et seq., Utah administrative code ("UAC") as amended, no therapeutic school shall be approved unless it complies with physical facilities requirements including, but not limited to:
(1) It is proposed in a building, or buildings, that complies, or will comply with Millard County's land use ordinances, as adopted, and as applicable to similar structures in the zoning district in which the therapeutic school 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 therapeutic school 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. The therapeutic school shall maintain on site offices.
c. Reasonable measures shall be taken to ensure a safe physical environment for all clients and staff.
C. Maximum Number Of Occupants (Clients And Staff): Any building, or buildings, proposed to be used as a therapeutic school shall be inspected or reviewed by the county building official, considering the requirements of physical environment, as provided by the UAC, as amended, and established for therapeutic schools. Following this inspection or review the county building official shall determine the maximum number of occupants (clients and staff) to be permitted. This determination shall be provided in writing to the land use authority, as applicable, and prior to any action by the land use authority.
D. Department Of Human Services License Required:
1. No therapeutic school 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
2. The land use authority may condition an approval on the presentation of written evidence that the state of Utah department of human services, office of licensing has licensed the therapeutic school. 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.
E. Continued Compliance With State Licensure Requirements:
1. The responsibility to license programs, or owners or providers that operate a therapeutic school, as well as require and monitor the provision of adequate services to clients shall rest with the state of Utah department of human services. A therapeutic school shall maintain the necessary license with the Utah department of human services.
2. Failure to maintain a valid license with the department of human services 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.
F. Approval To Operate Nontransferable: An approval to operate a therapeutic school, 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 therapeutic school, and as identified as the owner or provider licensed by the state of Utah department of human services. An approval to operate a therapeutic school terminates if the building, or buildings, are devoted to another use or if the facility fails to comply with any of the requirements of this section or the license requirements of the Utah department of human services.
G. Reasonable Accommodations: The land use authority, in reviewing an application to establish and operate a therapeutic school, 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)