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
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Last revised: Thursday, May 28, 2009