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19.06.060. Residential facility for persons with a disability

            A residential facility for persons with a disability (as defined in the Utah Code) means a residence in which more than three (3) persons with a disability reside.  Residential facilities for persons with a disability must conform to the following:

            (1)        All applicable standards and requirements of the Department of Human Services under Utah Code Title 62A Chapter 2, Licensure of Programs and Facilities; and

            (2)        Meets all municipal building, safety, and health ordinances applicable to similar dwellings and complies with Utah Code Title 57, Chapter 21, Utah Fair Housing Act, and the Federal Fair Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et. seq.; and

            (3)        Residents of the facility shall be properly supervised on a twenty-four (24) hour basis; and

            (4)        Provides adequate off-street parking to accommodate the number of vehicles anticipated for the use; and

            (5)        Is capable of use as a residential facility for persons with a disability without structural or landscaping alterations that would change the structure's residential character; and

            (6)        Not allow a person being treated for alcoholism or drug abuse be placed in a residential facility for persons with a disability; and

            (7)        Not allow a person with a documented history of violence to be placed in a residential facility for persons with a disability; and

            (8)        Require that placement in a residential facility for persons with a disability be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility; and

            (9)        Obtain appropriate business license to facilitate inspections for compliance with the building, safety, and health regulations that are applicable to similar structures; and

            (10)      The responsibility to license programs or entities which 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 the Department of Human Services as provided in Utah Code Section 62A-2-114 and Title 62A, Chapter 5, Services to People with Disabilities; and

            (11)      Limit the occupancy of a "Residential Facility for Persons with a Disability – Small" to a maximum of two (2) persons with a disability per bedroom.


Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-27, Amended, 6/17/1999
Ord. No. 11-23, Amended, 9/15/2011
Ord. No. 97-19, Enacted, 4/17/1997
Ord. No. 04-69, Recodified, 12/16/2004

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