1st Sub.
S.B.
68
PLACEMENT OF CERTAIN RESIDENTIAL FACILITIES FOR PERSONS WITH A DISABILITY
House Floor
Amendments
Representative Holdaway proposes the following amendments:
1. Page 1, Line 12: After " also" insert " provides a coordination clause and"
2. Page 2, Line 42: After "within" delete "1,000" and insert "500"
3. Page 3, Line 80: After "within" delete "1,000" and insert "500"
4. Page 4, Line 93: After line 93 insert:
"Section 3. Coordination clause.
If this bill and 1st Substitute H.B. 90, Residential Facilities For Persons With A Disability, both pass, it is the intent of the Legislature that the Office of Legislative Research and General Counsel in preparing the Utah Code database for publication shall:
(1) Revise Subsection 10-9-605(2) to read as follows:
"(2) Each municipality shall adopt an ordinance for residential facilities for persons with a disability. The ordinance:
(a) shall :
(i) 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
[
[
[
(i) if consistent with the statutory provisions referred to in Subsection (2)(a)(i):
(A) to be reasonably dispersed throughout the municipality; and
(B) for residential facilities for persons with a disability that are
substance abuse facilities and are located within 500 feet of a school, to provide:
(I)
24-hour supervision for residents; and
(II)
other 24-hour security measures; and
(ii)
[
may only be required
]
to obtain permits that verify compliance with the
same
building, safety, and health regulations
[
that
]
as
are applicable
in the same zoning area
to similar
[
structures
]
uses that are not residential facilities for persons with a disability
."
(2) Revise Subsection 17-27-605(2) to read as follows:
"(2)
Each county shall adopt an ordinance for residential facilities for persons with a disability. The ordinance:
(a)
shall
:
(i)
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)
]
(ii)
[
may require, if consistent with Subsection (2)(a), residential facilities
]
to the extent required by federal law, provide that a residential facility
for persons with a disability
[
to be reasonably dispersed throughout the county
]
is a permitted use in any zoning area where residential dwellings are allowed
; and
[
(c)
]
(b)
[
shall provide that a residential facility
]
may require residential facilities
for persons with a disability:
[
(i)
is a permitted use in any zoning area where residential dwellings are allowed; and
]
(i)
if consistent with the statutory provisions referred to in Subsection (2)(a)(i):
(A)
to be reasonably dispersed throughout the county; and
(B)
for residential facilities for persons with a disability that are substance abuse facilities and are located within 500 feet of a school, to provide:
(I)
24-hour supervision for residents; and
(II)
other 24-hour security measures; and
(ii)
[
may only be required
]
to obtain permits that verify compliance with the
same
building, safety, and health regulations
[
that
]
as
are applicable
in the same zoning area
to similar
[
structures
]
uses that are not residential facilities for persons with a disability
.""