2006 Utah Code - 10-9a-520 — Residences for persons with a disability.

     10-9a-520.   Residences for persons with a disability.
     (1) Each municipality shall adopt an ordinance for residential facilities for persons with a disability.
     (2) Each ordinance under Subsection (1) shall:
     (a) comply with 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
     (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.
     (3) Subject to Subsection (2), an ordinance under Subsection (1) may:
     (a) require residential facilities for persons with a disability:
     (i) to be reasonably dispersed throughout the municipality;
     (ii) to be limited by number of occupants;
     (iii) for residential facilities for persons with a disability that are substance abuse facilities and are located within 500 feet of a school, to provide, in accordance with rules established by the Department of Human Services under Title 62A, Chapter 2, Licensure of Programs and Facilities:
     (A) a security plan satisfactory to local law enforcement authorities;
     (B) 24-hour supervision for residents; and
     (C) other 24-hour security measures; and
     (iv) 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
     (b) provide 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.
     (4) 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:
     (a) for programs or entities licensed or certified by the Department of Human Services, the Department of Human Services as provided in Title 62A, Chapter 5, Services to People with Disabilities; and
     (b) for programs or entities licensed or certified by the Department of Health, the Department of Health under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.

Renumbered and Amended by Chapter 254, 2005 General Session