Chapter 9 – Group Homes

9.1 PURPOSE
9.2 REQUIREMENTS
9.3 DESIGN
9.4 FEES AND FINANCIAL CAPABILITY
9.5 EXEMPTIONS
9.6 STANDARDS AND CONDITIONS
9.7 LICENSES, PERMITS, CERTIFICATIONS, AND COMPLIANCE
9.8 PROCEDURE
9.9 SEVERABILITY
9.10 RELATED PROVISIONS

9.1 PURPOSE

To allow for the continuation of low-density residential neighborhoods and to not encourage an over-concentration of congregate living facilities that tends to create an “institutional” rather than a “residential” atmosphere in the applicable neighborhoods, this chapter will:

  1. Distinguish between facilities providing residential services to people with disabilities or to the elderly, and other congregate living facilities, such as youth homes;
  2. Avoid the institutionalization of residential neighborhoods and create an environment that will facilitate the “mainstreaming” of persons with disabilities and/or elderly persons into a “normalized” residential environment;
  3. Provide an opportunity for congregate living facilities to be located within the City;
  4. 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;
  5. Enact a separation requirement of at least one half mile that is necessary to provide the 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.
  6. F. In Fountain Green City in 2010, there were 358 homes and approximately 1,000 residents giving an average residential density of less than 3.3 people per home. By allowing 8 residents in each residential facility for the elderly and 8 residents in each residential facility for people with disabilities, the city is able to provide essential services such as water and sewer and police protection without compromising those same services for all city residents. The city allows 6 residents in each youth home.
    Police protection is limited to one full-time employee and county sheriff assistance in emergencies

9.2 REQUIREMENTS

  1. RESIDENTIAL FACILITY FOR PEOPLE WITH DISABILITIES 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, inpatient treatment, residential treatment, adult day care, day treatment, comprehensive mental health treatment, comprehensive substance abuse treatment, or domestic violence treatment as defined in Utah Code Title 62A.
    1. A residential facility for persons with a disability requires a conditional use permit and is permitted only in the Business-Commercial and Residential-Agricultural zones which permit residential development without special conditions, subject to specific requirements of the Land Use (Zoning) Ordinance.  The application for a conditional use permit 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 conditional use 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 the Fountain Green Land Use (Zoning) Ordinance, 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 8 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 half mile of another existing congregate living facility inside or outside of Fountain Green City limits. 
  2. 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 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, inpatient treatment, residential treatment, adult day care, day treatment, comprehensive mental health treatment, comprehensive substance abuse treatment, or domestic violence treatment as defined in Utah Code Title 62A.
    1. A residential facility for the elderly requires a conditional use permit and is permitted only in the Business-Commercial and Residential-Agricultural zones which permit residential development without special conditions, subject to specific requirements of the Land Use (Zoning) Ordinance.  The application for a conditional use permit 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 conditional use permit is approved.  Additionally, the facility shall conform to all applicable building, fire, health and safety codes and requirements for facilities of the type.  
    2. A residential facility for the elderly is subject to the Fountain Green Land Use (Zoning) Ordinance, 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 12 persons unrelated to the owner or provider.  
    5. A residential facility for the elderly shall not be located within a radius of one half mile of another existing congregate living facility inside or outside of Fountain Green City limits.  
  3. YOUTH HOME is defined as a facility that is occupied on a 24-hour per day basis in a family-type (group-living) 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 youth home, furthermore, will house at least three, but not more than six 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 in Utah Code Title 62A.  Such facilities are not Residential Treatment Facilities and shall not include facilities of the following: secure treatment, inpatient treatment, residential treatment, day treatment, comprehensive mental health treatment, comprehensive substance abuse treatment, or domestic violence treatment as defined in Utah Code Title 62A.
    1. A youth home requires a conditional use permit and is permitted only in the Business-Commercial and Residential-Agricultural zones which permit residential development without special conditions, subject to specific requirements of the Land Use (Zoning) Ordinance.  The application for a conditional use permit 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 conditional use 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 the Fountain Green Land Use (Zoning) Ordinance, 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 six 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 half mile of another existing congregate living facility inside or outside of Fountain Green City limits.

9.3 DESIGN

  1. Any conversion of buildings or new construction of a congregate living facility shall require that the development standards of Fountain Green City Land Use (Zoning) Ordinance are met.
  2. Any conversion of existing buildings or uses to a congregate living facility must provide at least 60% 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 recommended by the Planning Commission.  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.  
  3. The Planning Commission and City Council shall consider the general plan, protection of permitted uses in underlying zones, and the aesthetics of any proposed building in making its recommendations and/or approval to any congregate living facility.  

9.4 FEES AND FINANCIAL CAPABILITY

  1. 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.  Applicant shall also provide proof of financial capability to insure timely restitution to any member of the public suffering damage as a result of intentional or negligent conduct by any facility staff member, or facility resident, or visitors to 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. 

9.5 EXEMPTIONS

  1. No congregate living facility shall include facilities which house persons being treated for alcoholism or drug abuse, persons who have committed violent crimes, or who are residing therein as a part of or in lieu of confinement, rehabilitation or treatment in an adult correctional facility.

9.6 STANDARDS AND CONDITIONS

  1. CONDITIONS.  The Fountain Green City Planning Commission and/or City Council 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 resources, the tax revenue of the City, the City’s infrastructure including sewer concerns, public safety and law enforcement, traffic, aesthetics, tourism, medical services, public transportation, 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. The Fountain Green City business license application shall include the following:
      1. proof of cleared background (Department of Criminal Investigations) checks for all staff that will have direct contact with consumers;  
      2. written job descriptions including specific duties and responsibilities and the minimum level of education, training, and work experience required; 
      3. business plan;
      4. references including educational background, training and relative experience of the manager of the facility.
    3. The facility shall have 24-hour per day supervision by trained and qualified personnel, with daytime ratios of at least one supervisor to four residents and evening ratios of at least one supervisor to six residents. 
    4. The facility shall provide 24-hour supervision of the residents by an adult of the same sex and at least ten years older than the oldest youth resident.
    5. The number of residents in the facility shall not increase above the number allowed. 
    6. Facility shall report to the City within the first week of each month all incidents required to be reported to the Department of Human Services.
    7. Facility shall report to the proper law enforcement agency immediately and to the City within 24 hours, any escape, violent incident, or crime occurring at the facility. 

9.7 LICENSES, PERMITS, CERTIFICATIONS, AND COMPLIANCE

  1. Business License Required.  To operate a residential facility for persons with disabilities, as licensed by the Department of Human Services, Division of Services for Persons with Disabilities, or to operate a residential facility for the elderly, 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 Fountain Green City.
  2. Residential Facility for Persons with a Disability; State of Utah Department of Human Services, Utah Division of Services for People with Disabilities 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 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 Fountain Green City Council, the applicant shall provide to the Fountain Green 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.
  3. 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 the elderly or within 60 days following approval of a residential facility for the elderly by the Fountain Green City Council, the applicant shall provide to the Fountain Green 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.
  4. Youth Home; 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 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 Fountain Green City Council the applicant shall provide to the Fountain Green 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.
  5. Continued Licensure or Certification Requirements of the State of Utah.
    1. Operation of a residential facility for persons with a disability requires continues 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. 
    2. 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 those facilities shall rest with the Department of Human Services as provided in Utah Code.  
    3. Operation of a residential facility for youth requires continued compliance, without interruption, with the State 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 as provided in Utah Code Section 62A-2.
  6. Special Provisions for Congregate Living Facilities.
    1. A permit to operate a congregate living facility as regulated by this section shall be;
      1. Subject to a nontransferable business license; and
      2. Terminated if at any time it is demonstrated to the City Council, that:
        1. The structure is devoted to a use other than the City approved use; or
        2. The structure fails to comply with the requirements of this section; o
        3. The program has failed to operate in accordance with the requirements of this section; or
        4. The applicant has not obtained and maintained, without interruption, all licenses from the State of Utah required to operate.  Annual proof of such compliance must be provided to the City.  If the license issued by the State of Utah expires, the City business license will automatically become void and the facility must close.
      3. 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 allowed by the International Building Code for egress requirements which shall total to include all supervisors, staff and residents.  Visitors shall not be present for more than 12 hours at a time.
    3. Any conditional use permit for a congregate living facility shall be for the specified number of individuals as noted in F. 2) above for the egress requirements.
  7. 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 Fountain Green City 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 operator 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 Fountain Green City 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 Fountain Green City 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.

9.8 PROCEDURE

  1. Checklists.  Anyone desiring to procure a Fountain Green City permit and/or license to operate a residential facility for people with disabilities or the elderly, or a youth home, shall begin the process by completing the Congregate Living Facility Checklist (Appendix A), consulting with the Fountain Green City Recorder when necessary.  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.  
  2. Planning Commission Recommendation.  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 Fountain Green City General Plan and in compliance with the Fountain Green City Land Use (Zoning) Ordinance and State and City standards for granting a conditional use permit.   The Planning Commission shall then make its findings and recommendation to the City Council, including any specific conditions to be placed on the permit, in writing.
  3. City Council Approval.  Once the Planning Commission has forwarded formal written recommendations to the City Council the applicant may be placed on the agenda of a regular City Council meeting.  The Council may then approve, modify and approve, or deny the conditional use permit. 
  4. Business License.  If the City Council 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.

9.9 SEVERABILITY

If any portion of this ordinance is held to be unconstitutional, invalid, or unenforceable, the remainder of this ordinance shall be deemed severable and shall not be affected and this ordinance shall remain valid.

APPENDIX A: CONGREGATE LIVING FACILITY CHECKLIST

  1. Before an applicant may be place on the agenda of the Planning Commission, the City Recorder must verify that all of the following documentation has been received by the City:
    1. 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.
    2. Concept plan for the facility.
    3. Documented proof of ownership of the land, or a valid lease where the facility is to be located.
    4. A letter of intent from the Utah Department of Human Services to license the facility.
    5. If incorporated, the applicant must provide proof of active corporation status, including corporation ownership, from the Utah Department of Commerce.  
    6. 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.  
    7. 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).  
    8. Eligibility and/or intake policy outlining the reasons a facility would consider accepting new consumers.

9.10 RELATED PROVISIONS

Licensing – See City Ordinances.
Chapter 2 Definitions
Chapter 3 Administration and Enforcement
Chapter 7 Zoning Districts
Chapter 8 Nonconforming Uses and Noncomplying Structures
Chapter 10 Subdivisions
Chapter 11 General Design Standards for Fountain Green City

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Final copy approved by Fountain Green City Council February 18, 2008. Minor changes April 19, 2012.