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A. Purpose Statement: The purpose of this section is to permit the establishment of a "community correctional facility" as defined in chapter 21A.62 of this title, subject to the provisions of this section that provide a community involvement process and site selection criteria to address the health and safety of the community including neighboring properties and facility residents.
B. State And City Licensing: No community correctional facility shall be established, operated or maintained within the city without a valid license or operating contract issued by the Utah state division of licensing or department of corrections or other appropriate state agency, and without obtaining a Salt Lake City business license. For types of uses that do not require a state license, the applicant shall provide evidence from the state of Utah indicating that the state does not require a license for the particular facility.
C. Small Community Correctional Facility Authorized As Conditional Use: A "small community correctional facility" means a "community correctional facility" as defined in chapter 21A.62 of this title that provides temporary occupancy for up to thirty (30) individuals exclusive of staff. Small community correctional facilities, as either principal or accessory uses, may be allowed as a conditional use, pursuant to the provisions of chapter 21A.54 of this title, pursuant to subsections B, E and F of this section and pursuant to sections 21A.33.030 and 21A.33.040 of this title.
D. Large Community Correctional Facility Authorized As Conditional Use: A "large community correctional facility" means a "community correctional facility" as defined in chapter 21A.62 of this title that provides temporary occupancy for more than thirty (30) individuals exclusive of staff. Large community correctional facilities, as either principal or accessory uses, may be allowed as a conditional use, pursuant to the provisions of chapter 21A.54 of this title, and pursuant to subsections B, E and F of this section and pursuant to section 21A.33.040 of this title.
E. Community Correctional Facility Authorized As Conditional Use: Community correctional facilities, as either principal or accessory uses, may be allowed as a conditional use, pursuant to the provisions of chapter 21A.54 of this title, pursuant to this subsection and subsections B, C, and F of this section, and pursuant to sections 21A.33.030 and 21A.33.040 of this title, subject to the following requirements and provisions:
1. Program Description Required: The applicant must provide a detailed description of the treatment program, operations, management and security plans of the facility, with the amount of information satisfactory to the planning director, which clearly indicate that the facility will operate as a "community correctional facility" as defined in chapter 21A.62 of this title and consistent with the purpose statement in this section.
2. Site Selection Standards:
a. A small community correctional facility shall not be located within one-half (1/2) mile of any residential zoning district boundary.
b. A large community correctional facility shall only be located within an M-1 light industrial zoning district and be located west of Interstate 215. A large community correctional facility shall not be located within one-half (1/2) mile of any residential zoning district boundary.
c. Each community correctional facility shall not be closer than one-half (1/2) mile from any other community correctional facility.
d. No community correctional facility shall be located within one-half (1/2) mile of any public or private K - 12 school, place of worship, public library, nursery school as a principal not ancillary or accessory use or children's daycare center as a principal not ancillary or accessory use, publicly owned playground or park. The establishment of such land uses within the specified spacing criteria after the occupancy of a community correctional facility shall not create nonconformity or be the sole cause for denial of a conditional use permit for the expansion of an existing authorized facility.
e. Spacing requirements are measured in a straight line at the closest point from property line to property line.
f. The site has reasonable access to transit.
3. Site Design Standards: The applicant shall provide site plan and conditional use application information that evidences that adequate setbacks and buffers between the property lines and any structures or fenced compounds enclosing usable areas of the facility are provided. Additional setbacks and buffer areas may be established by the planning commission to mitigate any determined potential impacts. Additional setback for buffer areas may include visitor parking, landscaping, storm drain detention basins exclusive of required landscaped setbacks. Any required fencing or walls as a condition of approval must be nonclimbable fencing or walls of a design approved as part of the conditional use approval.
4. Operational Limits:
a. A community correctional facility may provide ancillary, temporary occupancy for individuals placed as part of, or in lieu of, confinement, rehabilitation, or treatment as such ancillary, temporary occupancy is described in section 21A.62.040 of this title. A community correctional facility's ancillary population shall remain less than twenty five percent (25%) of the facility's entire resident population.
b. Community correctional facilities are for temporary occupancy. Residents shall not reside for a period greater than thirty six (36) months, excluding ancillary residents who shall not reside for a period greater than six (6) months.
F. Conditions Of Approval: An applicant's failure to comply with the conditions of the conditional use approval or with any standards provided herein shall be grounds for revocation, suspension or modification of the conditions or the approval by the planning commission.
Following the planning commission approval of a conditional use for a community correctional facility, the applicant shall submit to the planning director the most current operational and incident reports submitted to the state department of corrections every twelve (12) months. In addition to the state reports the applicant shall describe the effectiveness of any impact mitigation strategies required as part of the conditional use approval.
G. Authority To Modify Regulations: In approving any community correctional facility, the Planning Commission may change, alter, modify or waive any provisions of this section as they apply to the proposed development. No such change, alteration, modification or waiver shall be approved unless the Planning Commission finds that the proposed development:
1. Will support the reconstruction and reuse of an existing structure and site in a manner that will not violate the purposes of the standards for which a community correctional facility may be approved pursuant to this section. (Ord. 66-13, 2013: Ord. 2-09 § 1, 2009)
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