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024 of 1991 - Residential facilities for handicapped personsO 91-1 P 91-67 SALT LAKE CITY ORDINANCE No. 24 of 1991 (Residential facilities for handicapped persons.) AN ORDINANCE AMENDING CHAPTER 78 OF TITLE 21, SALT LAKE CITY CODE, RELATING TO RESIDENTIAL FACILITIES FOR HANDICAPPED PERSONS. Be it ordained by the City Council of Salt Lake City, Utah: WHEREAS, the City Council of Salt Lake City, has held public hearings before its own body and before the Planning Commission and has determined that Chapter 78 of Title 21 be amended to permit facilities for children who are suspected victims of child sexual abuse to be allowed as residential facilities for handicapped persons. 21.78.095 Residential facilities for handicapped persons. A. A residential facility for eight or fewer handicapped persons shall, in accordance with this section, be permitted in any area where residential dwellings are allowed. Except as provided in subsection D below, the facility shall comply with the following: 1. The facility shall confoLm to all applicable standards and requirements of the Utah State Department of Social Services and be operated by or under contract with the Department; 2. The facility shall comply with all Salt Lake City building, safety and health ordinances for residential dwellings; 3. The handicapped residents of the facility shall be properly supervised by the operator on a twenty -four-hour basis; 4. a. The operator of the facility shall establish a community advisory committee through which all neighborhood complaints and concerns shall be addressed. b. The committee shall consist of at least the following persons: i. Two residents of the immediate neighborhood ii. A representative of the Utah State Department of Social Services, and iii. A representative of the community council, c. The committee shall hear and arbitrate any complaints of the neighborhood or the facility and shall make a .recommendation to the Planning Commission; 5. a. The facility shall have off-street parking as follows: i. One space for each staff person working during the highest shift ii. Two additional spaces if the facility has a house family management arrangement iii. One additional space for each vehicle used to transport the handicapped residents, b. All parking shall be located in an attached garage or in the rear yard as set forth in subsection K of Section 21.20.010, or its successor, of this title; 2 6. The facility shall be capable of use for handicapped persons without structural or landscaping alterations that would change the structure's residential character; 7. The facility shall not be located closer than three-quarters of a mile (three thousand nine hundred sixty feet) of another residential facility for handicapped person; 8. No person being treated for alcohol or drug abuse or who is violent shall be placed in a facility; 9. Each handicapped resident of the facility shall reside in the facility on a strictly voluntary basis and not as a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility; 10. Staff services residents of the facility. B. An application for a group home for handicapped shall be accompanied by a plot plan in duplicate, drawn shall be provided only to the persons to scale showing the actual dimensions of the property, the size and location of existing buildings, all hard -surfaced areas, landscaped areas and such other information as may be necessary to provide for the compliance of this section. An applicant shall submit a current listing, obtained from the Utah State Department of Social Services, of the addresses of any other residential facility approved and licenses in the city. C. Upon compliance with the provision of this section, the Planning Commission shall issue a nontransferable certificate of occupancy. Such certificate shall be renewed annually. The city 3 shall, as a condition of such renewal, perform a safety code inspection of the facility. D. A facility for children who are suspected victims of child sexual abuse may be permitted upon compliance with the following requirements and the provisions of sections A through C of this section, to the extent such provisions are not inconsistent with the following requirements: 1) The program in the facility is non-profit and operates under the administration of a State or County department or agency thereof, and is intended for use by law enforcement, prosecuting staff, and case workers in suspected child sexual abuse cases. 2) Residency in the facility of persons served by the facility or staff shall not be required, but a full time permanent resident shall be required at the .facility such as a program manager or caretaker for the facility. 3) The nature of the therapeutic program to be conducted in the facility requires the facility to be located within a residential area. 4) The parking requirements set forth in Section A above shall not be applicable, but adequate off-street parking for the facility shall be provided. Parking areas shall not be expanded beyond what is existing on site in order to further preserve the residential character of the facility. SECTION 2. EFFECTIVE DATE. This ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 9th day of April ATTEST RDER , 1991. CHAIRPERSON ansmitted to the Mayor on April 9, 1991 Mayor's action: ATTEST: BRB:ap Bill No. 24 of 1991 Published 4-20-91 x Approved BY a,f74(--- 5 MAYOR Vetoed.