A. Applicability: If any facility, residence, or other circumstance meets the definition of a "residential facility for persons with a disability" as set forth in chapter 2 of this title, the requirements of this section shall govern the same notwithstanding any other provision of this title.
B. Purpose: The purposes of this section are:
1. To comply with section 10-9-605 of the Utah code; and
2. To avoid discrimination in housing against persons with disabilities as provided in the Utah fair housing act and the fair housing amendments act as interpreted by courts having jurisdiction in Utah.
C. Permitted Use; Requirements: 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 applicable to similar structures. As part of this requirement 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 single-family dwelling or other similar dwelling in the zone in which the facility is located; and
b. The minimum number of parking spaces required for a residential facility for persons with a disability shall be the same as those for a single-family dwelling located in the same zoning district in which the facility is located.
2. No facility shall be made available to an individual whose tenancy would:
a. Constitute a direct threat to the health or safety of other individuals, or
b. Result in substantial physical damage to the property of others. (It is not the intention of this subsection to establish any legal basis for tort liability on the part of the facility operator.)
3. Prior to the occupancy of any 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 copy of such license or certification to the city, and
b. Certify in a sworn affidavit to the city that no person will reside or remain in the facility whose tenancy would likely:
(1) Constitute a direct threat to the health or safety of other individuals, or
(2) Result in substantial physical damage to the property of others.
4. The use permitted by this section is nontransferable and shall terminate if:
a. The facility is devoted to a use other than a residential facility for persons with a disability, or
b. The license or certification issued by the department of human services or the department of health terminates or is revoked, or
c. The facility fails to comply with the conditions enumerated in this section.
5. No residential facility for persons with a disability, licensed for the housing of more than five (5) disabled persons, shall be established or maintained within six hundred sixty feet (660') measured in a straight line between the closest property lines of the lots or parcels, of the following similar facilities:
a. Another residential facility for persons with a disability licensed for the housing of more than five (5) disabled persons;
b. A residential facility for the elderly with more than five (5) elderly persons in residence; or
c. Any of the following facilities: protective housing facility; transitional housing facility; assisted living facility or rehabilitation/treatment facility.
D. Reasonable Accommodation: None of the foregoing conditions shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a residential facility for persons with a disability.
1. Any person or entity who wishes to request a reasonable accommodation shall make application therefor to the director and shall articulate in writing the basis for the requested accommodation.
2. Each application for a reasonable accommodation shall be decided within not more than thirty (30) days.
3. If a request for a reasonable accommodation is denied, such decision may be appealed to the board of zoning adjustment in the manner provided for appeals of administrative decisions applying this title.
(Ord. 81-46, 11-12-1981; amd. Ord. 82-16, 4-8-1982; Ord. 85-40, 10-17-1985; Ord. 87-44, 8-27-1987; Ord. 98-62, 10-27-1998; Ord. 2000-2, 1-4-2000; Ord. 2001-32, 6-5-2001)