The Planning and Zoning Administrator, in connection with the building official, shall grant a building and occupancy permit for the establishment of a residential facility for persons with a disability in a zone in which residential uses are permitted, if the applicant certifies as follows:
A. Compliance with Utah Code Annotated title 57, chapter 21, the Utah Fair Housing Act, and the Federal Fair Housing Amendments Act of 1988, 42 USC section 3601 et seq.
B. To the extent required by Federal law, provide that a residential facility for persons with a disability is a permitted use in any zone where similar residential dwellings that are not residential facilities for persons with a disability are allowed.
C. Subject to subsection B of this section, the City requires that:
1. Residential facilities for persons with a disability:
a. To be reasonably dispersed throughout the Municipality;
b. To be limited by number of occupants;
c. For residential facilities for persons with a disability that are substance abuse facilities and are located within five hundred feet (500') of a school, to provide, in accordance with rules established by the Department of Human Services under Utah Code Annotated title 62A, chapter 2, Licensure of Programs and Facilities:
(1) A security plan satisfactory to local law enforcement authorities;
(2) Twenty four (24) hour supervision for residents; and
(3) Other twenty four (24) hour security measures; and
d. To obtain permits that verify compliance with the same building, safety and health regulations as are applicable in the same zone to similar uses that are not residential facilities for persons with a disability; and
2. Provides that a residential facility for persons with a disability that would likely create a fundamental change in the character of a residential neighborhood may be excluded from a zone.
D. The responsibility to license programs or entities that operate facilities for persons with a disability, as well as to require and monitor the provision of adequate services to persons residing in those facilities, shall rest with:
1. For programs or entities licensed or certified by the Department of Human Services, the Department of Human Services as provided in Utah Code Annotated title 62A, chapter 5, Services to People With Disabilities; and
2. For programs or entities licensed or certified by the Department of Health, the Department of Health under Utah Code Annotated title 26, chapter 21, the Healthcare Facility Licensing and Inspection Act. (Ord. 2015.06, 10-8-2015)