Chapter 18.100
ZONE STANDARDS – GROUP HOMES
Sections:
18.100.040 Fees and financial capability.
18.100.060 Standards and conditions.
18.100.070 Licenses, permits, certifications, and compliance.
18.100.100 Related provisions.
Appendix A Congregate living facility checklist.
18.100.010 Purpose.
To allow for the continuation of low density residential neighborhoods and to discourage an over-concentration of congregate living facilities that tends to create an institutional rather than a residential atmosphere in the city’s neighborhoods the city shall conduct the following analysis:
A. Distinguish between facilities providing residential services to the disabled or to the elderly and other congregate living facilities, such as youth homes;
B. Avoid the institutionalization of residential neighborhoods and create an environment that will facilitate the mainstreaming of persons with disabilities and elderly persons into a normalized residential environment;
C. Provide an opportunity for congregate living facilities to be located within the city;
D. Establish zoning uses, standards, and practices which will not have the effect of discriminating against congregate living arrangements of unrelated people with disabilities or the elderly; and
E. Require a separation by at least one-quarter mile between facilities that is necessary to provide an adequate mixture of residential housing types to meet the needs of maintaining a normalized residential environment, while still providing adequate alternatives for the establishment of such housing throughout the community. [Ord. 2010-5. Code 1988 § 11-9.1].
18.100.020 Requirements.
A. “Residential facility for the disabled” is defined as a facility that is occupied on a 24-hour- per-day basis in a family-type arrangement under the supervision of a house family or manager, and that conforms to all applicable standards and requirements of and is licensed by the Utah Department of Human Services, Division of Services for People with Disabilities, and is operated by or under contract with that department. Such facilities are not residential treatment facilities and shall not include facilities for the following: secure treatment, in-patient treatment, residential treatment, adult day care, day treatment, comprehensive mental health treatment, comprehensive substance abuse treatment, or domestic violence treatment as defined by Utah law.
1. A residential facility for persons with a disability is permitted in all zones. The application for a residential facility for persons with a disability shall include sufficiently detailed site plans, building plans or remodeling plans, and all other information necessary to determine compliance with building, safety and health regulations and standards applicable to similar dwellings. Any alterations must be reviewed and recommended by the planning commission before a building permit is approved. Additionally, the facility shall conform to all applicable building, fire, health and safety codes and requirements for facilities of this type.
2. A residential facility for persons with a disability is subject to this title, the standards contained herein, and the exemptions below.
3. A residential facility for persons with a disability shall not have any structural or landscaping alterations that would change the structure’s residential character.
4. A residential facility for persons with a disability shall be limited to five persons unrelated to the owner or provider.
5. A residential facility for persons with a disability shall not be located within a radius of one-quarter mile of another existing congregate living facility inside or outside of Helper City limits.
B. “Residential facility for the elderly” is defined as a facility that is occupied on a 24-hour- per-day basis in a family-type arrangement under the supervision of a house family or manager, and that conforms to all applicable standards and requirements of and is licensed by the appropriate licensing department of the state of Utah and is operated by or under contract with that department. A residential facility for the elderly is not a residential treatment facility and shall not include facilities for the following: secure treatment, in-patient treatment, residential treatment, adult day care, day treatment, comprehensive mental health treatment, comprehensive substance abuse treatment, or domestic violence treatment as defined by Utah law.
1. A residential facility for the elderly is permitted in all zones. The application for a residential facility for the elderly shall include sufficiently detailed site plans, building plans or remodeling plans, and all other information necessary to determine compliance with building, safety and health regulations and standards applicable to similar dwellings. Any alterations must be reviewed and recommended by the planning commission before a building permit is approved. Additionally, the facility shall conform to all applicable building, fire, health and safety codes and requirements for facilities of this type.
2. A residential facility for the elderly is subject to this title, the standards contained herein, and the exemptions below.
3. A residential facility for the elderly shall not have any structural or landscaping alterations that would change the structure’s residential character.
4. A residential facility for the elderly shall be limited to five persons unrelated to the owner or provider.
5. A residential facility for the elderly shall not be located within a radius of one-quarter mile of another existing congregate living facility inside or outside of city of Helper limits.
C. “Youth home” is defined as a 24-hour group living environment for three to five persons under the age of 18, unrelated to an owner or provider, that offers room, board or specialized services to residents. “Youth home” may include facilities for the following: resource family home, child placement, or residential support as defined by Utah law.
1. A youth home is permitted in all zones. The application for a youth home shall include sufficiently detailed site plans, building plans or remodeling plans, and all other information necessary to determine compliance with building, safety and health regulations and standards applicable to similar dwellings. Any alterations must be reviewed and recommended by the planning commission before a building permit is approved. Additionally, the facility shall conform to all applicable building, fire, health and safety codes and requirements for facilities of this type.
2. A youth home is subject to this title, the standards contained herein, and the exemptions below.
3. A youth home shall not have any structural or landscaping alterations that would change the structure’s residential character.
4. Youth homes shall be limited to five persons under the age of 18 who are unrelated to the owner or provider of the youth home.
5. A youth home shall not be located within a radius of one-quarter mile of another existing congregate living facility inside or outside of Helper City limits. [Ord. 2010-5. Code 1988 § 11-9.2].
18.100.030 Design.
A. Any conversion of buildings or new construction of a congregate living facility shall require that the development standards of this title are met.
B. Any conversion of existing buildings or uses to a congregate living facility must provide at least 30 percent of the area as open green space or playground and at least two parking spaces per residential unit and adequate off-street parking spaces for the staff and visitors of the facility as determined by the city council. The city council may reduce the parking requirement as part of the conditional use approval upon a finding that less parking will meet the needs of the public and the proposed program.
C. The planning commission and city council shall consider the general plan of the city, protection of permitted uses in underlying zones, and the aesthetics of any proposed building in making its recommendations and/or approval for any congregate living facility. [Ord. 2010-5. Code 1988 § 11-9.3].
18.100.040 Fees and financial capability.
The applicant for a permit or license to operate a congregate living facility shall pay the applicable license and permit fees as set by the city council. The applicant shall also provide proof of financial capability to ensure timely restitution to any member of the public suffering damage as a result of intentional or negligent conduct by members of the staff or residents of the facility. Proof of financial capability may take the form of insurance, bonds, or financial reserves. Proof of financial capability shall be resubmitted to the city annually or sooner if significantly changed. [Ord. 2010-5. Code 1988 § 11-9.4].
18.100.050 Exemptions.
No congregate living facility shall include facilities which house persons being treated for alcoholism or drug abuse, persons who have committed violent crimes, who are not voluntarily residing therein, or who are residing therein as a part of or in lieu of confinement, rehabilitation or treatment in a correctional or other facility. [Ord. 2010-5. Code 1988 § 11-9.5].
18.100.060 Standards and conditions.
A. Conditions. The Helper City planning commission may apply conditions upon a conditional use permit to operate a youth home or a residential facility for persons with a disability or a residential facility for the elderly it deems to be in harmony with the general plan and in the best interests of the health, safety and welfare of the city, including but not limited to the following conditions:
1. A community impact study shall be provided by the applicant as part of the application for the conditional use permit. This study shall specifically describe the programs provided and evaluate the impact of the congregate living facility on local schools, the city’s economy and economic resources, the tax revenue of the city, the city’s infrastructure including sewer concerns, public safety and law enforcement, traffic, aesthetics, tourism, and neighboring properties and businesses, including the impact on property values, if any, and the impact of any other uses within or proposed within the same building to be used as a congregate living facility.
2. A minimum of 1,000 feet must be maintained between congregate living facilities and establishments licensed to sell beer or alcoholic beverages.
3. The application for a business license shall include the following:
a. Proof of cleared background (department of criminal investigations) checks for all staff that will have direct contact with consumers;
b. Written job descriptions including specific duties and responsibilities and the minimum level of education, training, and work experience required;
c. Business plan;
d. References including educational background, training, and relevant experience of the manager of the facility; and
e. An educational plan, including a letter from an authorized accreditation organization stating their intent to accredit the facility’s educational program.
4. The facility shall have 24-hour-per-day supervision by trained and qualified personnel, with a daytime ratio of at least one supervisor to four residents and an evening ratio of at least one supervisor to eight residents.
5. Staff shall include the following professionals:
a. A licensed physician, or consulting licensed physician;
b. A licensed psychologist, or consulting licensed psychologist;
c. A licensed mental health therapist;
d. A licensed advanced practice registered nurse-psychiatric mental health nurse specialist, or a consulting advanced practice registered nurse-psychiatric mental health nurse specialist; and
e. If unlicensed staff are used, they shall be supervised by a licensed clinical professional.
6. The facility’s behavior management policy shall be provided to all staff, and staff shall receive training relative to behavior management annually, or more often if needed.
7. The facility shall provide 24-hour supervision of the residents by an adult of the same sex and at least 10 years older than the oldest youth resident.
8. The number of residents in the facility shall not increase above the number allowed in the conditional use permit unless an amendment to the permit is reviewed and approved by the city. Any request for amendment shall be accompanied by the study described in subsection (A)(1) of this section.
9. Facility shall report to the city on the first of each month all incidents required to be reported to the Department of Human Services.
10. Facility shall report as quickly as possible, but not later than within 24 hours, any escape, violent incident, or crime occurring at the facility to local law enforcement. [Ord. 2010-5. Code 1988 § 11-9.6].
18.100.070 Licenses, permits, certifications, and compliance.
A. Business License Required.
1. To operate a residential facility for persons with disabilities, as licensed by the Department of Human Services, Division of Services for People with Disabilities, or to operate a residential facility for the elderly, as licensed by the State of Utah Department of Human Services, or to operate a youth home as licensed by the State of Utah Department of Human Services, the owner or provider shall be required to maintain a valid business license with Helper City.
B. Residential Facility for Persons with a Disability – State of Utah Department of Human Services, Division of Services for People with Disabilities License or Certification Required.
1. Applicants must verify, with documentation to the planning commission and city council, compliance with all applicable requirements, regulations and standards of the State of Utah Department of Human Services governing the licensing and operation of residential facilities for persons with a disability. At the time of application for a permit and/or business license to establish a residential facility for persons with a disability or within 60 days following approval of a residential facility for persons with a disability by the Helper City council, the applicant shall provide to the Helper City recorder evidence that the facility is licensed or certified by the Department of Human Services, Division of Services for People with Disabilities, or the city shall not issue any business license required to operate a residential facility for persons with a disability until such evidence is provided. Failure to provide such evidence shall also be grounds for the city to initiate proceedings to revoke any valid city approvals for a residential facility for persons with a disability.
C. Residential Facility for the Elderly – State of Utah Department of Human Services License or Certification Required. Applicants must verify, with documentation to the planning commission and city council, compliance with all applicable requirements, regulations and standards of the State of Utah Department of Human Services governing the licensing and operation of residential facilities for the elderly. At the time of application for a permit and/or business license to establish a residential facility for persons with a disability or within 60 days following approval of a residential facility for persons with a disability by the Helper City council, the applicant shall provide to the Helper City recorder evidence that the facility is licensed or certified by the Department of Human Services or the city shall not issue any business license required to operate a residential facility for the elderly until such evidence is provided. Failure to provide such evidence shall also be grounds for the city to initiate proceedings to revoke any valid city approvals for a residential facility for the elderly.
D. Youth Home – State of Utah Department of Human Services License or Certification Required.
1. Applicants must verify, with documentation to the planning commission and city council, compliance with all applicable requirements, regulations and standards of the State of Utah Department of Human Services governing the licensing and operation of youth homes. At the time of application for a permit and/or business license to establish a youth home or within 60 days following approval of a youth home by the Helper City council, the applicant shall provide to the Helper City recorder evidence that the facility is licensed or certified by the appropriate department of the state of Utah or the city shall not issue any business license required to operate a youth home, until such evidence is provided. Failure to provide such evidence shall also be grounds for the city to initiate proceedings to revoke any valid city approvals for a youth home.
E. Continued Licensure or Certification Requirements of the State of Utah. Operation of a residential facility for persons with a disability requires continued compliance, without interruption, with the Licensure Department of Human Services, Division of Services for People with Disabilities. The responsibility to certify or license programs or owners or providers which operate residential facilities for persons with a disability, as well as require and monitor the provision of adequate services to consumers residing in these facilities, shall rest with the Department of Human Services, Division of Services for People with Disabilities.
Operation of a residential facility for the elderly requires continued compliance, without interruption, with the State Department of Human Services. The responsibility to license programs or entities which operate residential facilities for the elderly, as well as to monitor the provision of adequate services to persons residing in these facilities, shall rest with the Department of Human Services.
The responsibility to license programs or entities which operate youth homes, as well as to monitor the provision of adequate services to persons residing in those facilities, shall rest with the Department of Human Services.
F. Special Provisions for Congregate Living Facilities.
1. A permit to operate a congregate living facility as regulated by this section shall be:
a. Subject to a nontransferable business license; and
b. Terminated if at any time it is demonstrated to the city council that:
i. The structure is devoted to a use other than the city approved use; or
ii. The structure fails to comply with the requirements of this section; or
iii. The program has failed to operate in accordance with the requirements of this section; or
iv. The applicant has not obtained and maintained, without interruption, all licenses from the state of Utah required to operate and provided the city with proof of such licenses. If the license issued by the state of Utah expires, the city business license will automatically become void and the facility must close;
c. Application for reinstatement of a city permit or business license must be made to the city council and will be subject to approval by that body.
2. A congregate living facility shall be occupied on a 24-hour basis by no more than the maximum number of people allowed per the International Building Code for egress requirements, which will include all supervisors and staff.
3. Any conditional use permit for a congregate living facility shall be for a specified number of individuals.
G. License Nontransferable.
1. Conditional use permits granted to congregate living facilities shall expire upon the expiration, revocation, or surrender of any city business license, state of Utah license, or other regulatory license of the facility.
2. A business license to operate a residential facility for persons with a disability, as authorized by this chapter, is nontransferable and shall only be valid to the owner or provider identified on a valid city business license permit authorizing the operation of a residential facility for persons with a disability and identified as the owner or provider as licensed or certified by the Department of Human Services, Division of Services for People with Disabilities.
3. A business license to operate a residential facility for the elderly, as authorized by this chapter, is nontransferable and shall only be valid to the owner or provider identified on a valid city business license permit authorizing the operation of a residential facility for the elderly and identified as the owner or provider as licensed or certified by the appropriate division of the state of Utah as required by this section.
4. A business license to operate a youth home, as authorized by this chapter, is nontransferable and shall only be valid to the owner or provider identified on a valid city business license permit authorizing the operation of a youth home and identified as the owner or provider as licensed or certified by the appropriate division of the state of Utah as required by this section. [Ord. 2010-5. Code 1988 § 11-9.7].
18.100.080 Procedure.
A. Checklists. Anyone desiring to procure a Helper City permit and/or license to operate a residential facility for the disabled or the elderly, or a youth home, shall begin the process by completing the congregate living facility checklist (Appendix A), consulting with the Helper City recorder. When the checklist has been reviewed and deemed complete by the city recorder, the applicant may be placed on the agenda of the next regular meeting of the planning commission.
B. Planning Commission Approval. The planning commission will hear the applicant’s proposal, review the checklist and all required documentation, and determine whether or not it is in harmony with the Helper City general plan and in compliance with this title and state and city standards for granting a conditional use permit. The planning commission shall then approve, deny or approve with conditions. Any specific conditions shall be placed on the permit in writing at the time of approval.
C. City Council to Issue Business License. If the planning commission approves a conditional use permit for a congregate living facility the applicant may then supply the necessary documentation and request a business license to operate the facility. [Ord. 2010-5. Code 1988 § 11-9.8].
18.100.090 Severability.
If any portion of this chapter is held to be unconstitutional, invalid, or unenforceable, the remainder of this chapter shall be deemed severable and shall not be affected, and this chapter shall remain valid. [Ord. 2010-5. Code 1988 § 11-9.9].
18.100.100 Related provisions.
Chapter 18.10 HMC, Definitions;
Chapter 18.15 HMC, Administration and Enforcement;
Chapters 18.25 through 18.80 HMC, zoning districts. [Ord. 2010-5. Code 1988 § 11-9.10].
Appendix A Congregate living facility checklist.
Before an applicant may be placed on the agenda for a planning commission meeting, the city recorder must verify that all of the following documentation has been received by the city:
A. Written verification of department of criminal investigations clearance for the facility’s operator and any other persons who are to have direct contact with minors or vulnerable adults in a congregate living facility.
B. Concept plan for facility.
C. Documented proof of ownership of the land, or a valid lease where the facility is to be located.
D. If the facility provides schooling for minor consumers, written verification of curriculum approval from the Utah State Office of Education.
E. Copies from the appropriate licensing department of the state of any written complaints, including employee grievances, against the applicant or facility applying for a business license.
F. If incorporated, applicant must provide proof of active corporation status, in good standing, including corporation existence, from the Utah Department of Commerce.
G. Letter of intent from the state department who will license the facility.
H. Where appropriate, supply documents which comply with Human Services Core Standards R501-2-6 and R501-2-7 (what must be available for public inspection).
I. Eligibility and/or intake policy outlining the reasons a facility would consider accepting new consumers.
J. A written statement from State Board of Education or the National School Accreditation Board verifying accreditation shall be provided, if applicable.
K. Verification of licensure (Utah Department of Professional Licensing number) for medical personnel, therapists and/or social workers, and teachers.
L. Organizational chart including the names of the applying facility’s board of directors. [Ord. 2010-5. Code 1988 § 11-9 Appendix A].