MARRIOTT-SLATERVILLE CITY

ORDINANCE 2021-01

SPECIAL RESIDENTIAL FACILITIES

AN ORDINANCE OF MARRIOTT-SLATERVILLE CITY, UTAH, ADOPTING CHAPTER 13.08 RELATING TO "SPECIAL RESIDENTIAL FACILITIES" IN THE MUNICIPAL CODE; SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, Marriott-Slaterville City (hereafter the "City") is a municipal corporation, duly organized and existing under the laws of the State of Utah;

WHEREAS, Utah Code Annotated §10-8-84 and §10-8-60 allow municipalities in the State of Utah to exercise certain police powers and nuisance abatement powers, including but not limited to providing for safety and preservation of health, promotion of prosperity, improve community well-being, peace and good order for the inhabitants of the City;

WHEREAS, Title 10, Chapter 9a, of the Utah Code Annotated, as amended, enables municipalities to regulate land use and development;

WHEREAS, the City finds it necessary to update the municipal code in order to meet the challenges presented by state law, and to protect public health, safety, and welfare;

WHEREAS, after publication of the required notice the Planning Commission held its public hearing on February 16, 2021, to take public comment on this proposed Ordinance, after which the Planning Commission gave its recommendation to approve this Ordinance;

WHEREAS, the City Council received the recommendation from the Planning Commission and held its public meeting on February 18, 2021;

NOW, THEREFORE, be it ordained by the City Council as follows:

Section 1:	Repealer. Any ordinance or portion of the municipal code inconsistent with this Ordinance is hereby repealed and any reference thereto is hereby vacated.

Section 2:	Amendment. Chapter 13.08 of the Marriott-Slaterville Municipal Code is adopted to read as follows:

Chapter 13.08

Special Residential Facilities

Section:

13.08.010	Residential Facilities For The Elderly.

13.08.020	Residential Facilities For Persons With A Disability.

13.08.030	Residential Facility For Youth.

13.08.010	Residential Facilities For The Elderly.

1.	Policy. This Section is to comply with the federal Fair Housing Act for such facilities and shall be interpreted as such.

2.	Administration. A residential facility for elderly persons shall not operate as a business.

a.	A residential facility for elderly persons is not considered a business notwithstanding any fee is charged for food or necessary costs of operation and maintenance of the facility.

b.	The owner of a residential facility for elderly persons may not charge residents administrative costs or salaries greater than fifteen (15) percent of that fee.

c.	Any person charging a fee shall:

i.	Keep a record of all expenses and costs related to the fee; and

ii.	Make that record available for inspection by any resident of the facility, the Utah Department of Human Services, and any local officials.

3.	Eligibility. A residential facility for elderly persons shall:

a.	Be owned by one of the residents or by an immediate family member of one of the residents, or by a charitable, or beneficial organization, including a facility for which the title has been placed in trust for a resident.

b.	Be consistent with existing zoning of the desired location.

c.	Not exceed 4,500 square feet in building size, be on a separate and independent lot not within 1,000 feet of a similar facility.

d.	Provide twenty-four (24) hour supervision of not more than eight (8) elderly persons living in a family-type arrangement.

e.	Conform with applicable state standards.

f.	Be duly licensed and inspected by the state and any local authority.

4.	Code. The facility shall meet all applicable building, safety, zoning, and health codes applicable to similar dwellings, and:

a.	A minimum of one (1) off-street parking space for each adult resident person or married couple shall be provided.

b.	The facility shall be designed to be residential in character and no structural or landscaping alterations shall be made that change its residential character.

c.	No person being treated for alcoholism or drug abuse shall be placed in this facility.

d.	Placement in this facility shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.

e.	The land use permit and business license granted in accordance with the provisions of this chapter, is nontransferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons or if the structure fails to comply with the building, safety, health code, or other code.

f.	Implement a non-discrimination policy that conforms to federal and state protected classes.

13.08.020	Residential Facilities For Persons With A Disability.

1.	Policy. This Section is to comply with the federal Fair Housing Act for such facilities and shall be interpreted as such.

2.	Code. The facility shall meet all applicable building, safety, zoning, and health codes applicable to similar dwellings, and:

a.	The operator shall provide twenty-four (24) hour supervision.

b.	Not exceed 4,500 square feet in building size and be on a separate and independent lot that meet the site development standards for the Zone in which it is locations.

c.	Not be located within 1,000 feet of a similar facility.

d.	Conform with applicable state standards.

e.	Be duly licensed and inspected by the state and local authorities.

f.	A minimum of two (2) off-street parking spaces plus one (1) off-street parking space for each staff member other than the resident manager or house parents shall be provided.

g.	The facility shall be designed to be residential in character and no structural or landscaping alterations shall be made that change its residential character.

h.	The facility shall meet all requirements and definitions by reference to either the Federal Fair Housing Amendments Act (42 USC 3602) or its successor statutes or the Utah Fair Housing Act (UCA § 57-21-1 et seq.) or its successor statutes.

i.	No person being treated for alcoholism or drug abuse shall be placed in this facility.

j.	No person who is violent shall be placed in this facility.

k.	Placement in this facility shall be on a strictly voluntary basis and not a part of or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.

l.	The land use permit granted in accordance with the provisions of this Section is nontransferable and terminates if the structure is devoted to a use other than the facility, or if the structure fails to comply with the building, safety, health code, or other code.

m.	The facility shall obtain a business license from the City in addition to other required licensing.

n.	No facility under this Section shall be made available to any individual whose tenancy therein would constitute a direct threat to the health or safety of other individuals or would result in substantial physical damage to the property of others.

o.	Implement a non-discrimination policy that conforms to federal and state protected classes.

13.08.030	Residential Facility For Youth.

1.	Policy. This Section is to comply with the federal Fair Housing Act for such facilities and shall be interpreted as such.

2.	Requirements. The facility shall meet all applicable building, safety, zoning, and health codes applicable to similar dwellings, and:

a.	Be owned or leased by the residents or an immediate family member of the residents, or by a charitable, or beneficial organization, or by the state or a licensee thereof.

b.	Be consistent with existing zoning of the desired location.

c.	Be occupied on a 24-hour basis by no more than eight (8) qualified youth in a family-type arrangement.

d.	Not exceed 4,500 square feet in building size.

e.	Conform with applicable state standards and be duly licensed and inspected by the state.

f.	The facility shall be designed to be residential in character and no structural or landscaping alterations shall be made that change its residential character, and the structure shall not be used as a lock-down facility for the incarceration of any youth.

g.	No facility under this Section shall be established within five (5) miles of any other facility or any facility that detains youth.

h.	Youth who qualify for placement in the facility shall:

i.	Be no less than ten (10) years of age and no more than eighteen (18) years of age.

ii.	Not be convicted of or charged with any sexual offence, arson, or aggravated assault.

iii.	Not be individuals with such severe psychiatric problems that they present a danger to themselves or others;

iv.	Attend school classes and matriculate in local area schools.

v.	No facility under this Section home for troubled youth shall house children whose respective ages span more than four years. For instance, if the home houses children ten years of age, the oldest child in the home can be no more than 14 years of age.

i.	The land use permit granted in accordance with the provisions of this Section is nontransferable and terminates if the structure is devoted to a use other than the facility, or if the structure fails to comply with the building, safety, health code, or other code.

j.	The facility shall obtain a business license from the City in addition to other required licensing.

k.	The facility shall be permanently occupied by a married couple who shall serve as house parents to the youth who reside therein. The duties of the house parents include:

i.	Counseling and guidance to the youth under their care.

ii.	Supervise the orderly functioning of the household.

iii.	Provide meals to the youth who occupy the home.

iv.	Assign the duties, chores and other tasks to each of the youth who occupy the home.

v.	Supervise homework and studies each of the youth is required to complete for their education in local schools.

vi.	Immediately report to the appropriate state agency any difficulties, problems, breaches of the peace, or violations of law engaged in by any of the youth under their care.

vii.	Report the same conduct to the organization who employs them directly.

viii.	Meet state standards and obtain all licenses, permits, or certificates required by the state before undertaking their duties as house parents.

ix.	Implement a non-discrimination policy that conforms to federal and state protected classes.

l.	In the event that the house parents terminate their employment without first training suitable replacements, the facility must replace them with trained house parents within thirty (30) days, or cease operating.

PASSED AND ADOPTED by the City Council on this _____ day of ____________, 2021.

___________________________________

DENNIS ILLUM, President,

Marriott-Slaterville City Council

PRESENTED to the Mayor this _____ day of ____________, 2021.

APPROVAL of the Mayor granted this _____ day of ____________, 2021.

___________________________________

SCOTT VAN LEEUWEN, Mayor

ATTEST:

___________________________________

City Recorder

RECORDED this ___ day of ____________, 2021.

PUBLISHED OR POSTED this ___ day of ____________, 2021.

CERTIFICATE OF PASSAGE AND PUBLICATION OR POSTING

In accordance with Utah Code Annotated §10-3-713, 1953 as amended, I, the City Recorder of Marriott-Slaterville City, hereby certify that the foregoing Ordinance was duly passed and published or posted at: 1) City Hall, 2) Chevron 400 North, and 3) America First 12th Street on the above referenced dates.

___________________________________ DATE:_______________

City Recorder