State Codes and Statutes

Statutes > Utah > Title-17 > Chapter-27a > 17-27a-519

17-27a-519. Residences for persons with a disability.
(1) Each county shall adopt an ordinance for residential facilities for persons with adisability.
(2) Each ordinance under Subsection (1) shall:
(a) comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal FairHousing 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 personswith a disability is a permitted use in any zone where similar residential dwellings that are notresidential 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 county;
(ii) to be limited by number of occupants;
(iii) for residential facilities for persons with a disability that are substance abusefacilities and are located within 500 feet of a school, to provide, in accordance with rulesestablished by the Department of Human Services under Title 62A, Chapter 2, Licensure ofPrograms 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 healthregulations as are applicable in the same zone to similar uses that are not residential facilities forpersons with a disability; and
(b) provide that a residential facility for persons with a disability that would likely createa fundamental change in the character of a residential neighborhood may be excluded from azone.
(4) The responsibility to license programs or entities that operate facilities for personswith a disability, as well as to require and monitor the provision of adequate services to personsresiding 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 withDisabilities; and
(b) for programs or entities licensed or certified by the Department of Health, theDepartment of Health under Title 26, Chapter 21, Health Care Facility Licensing and InspectionAct.

Renumbered and Amended by Chapter 254, 2005 General Session