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(1) Residential Facilities for Persons with a Disability. Upon application for a permit to establish a residential facility for persons with a disability in any zone in which such facility is a permitted use, a facility that conforms to the conditions listed below shall be granted a permit.

(a) The facility shall conform to all building, safety, and health requirements of the Provo City Code applicable to similar structures.

(b) The facility shall meet the requirements of the zone in which it is located.

(c) The operator of the facility shall provide off-street parking spaces as required by Chapter 14.37, Provo City Code.

(d) The facility shall be occupied only to the same extent that a dwelling unit may be occupied in the zone where the facility is located.

(e) The facility’s design and landscaping shall be consistent with the structure’s residential character.

(f) Any new structure shall be constructed of a size, scale, and design that is in harmony with other residential uses in the vicinity.

(g) It is the intent of Provo City to regulate a residential facility for persons with a disability only to the extent allowed by:

(i) Title 57, Chapter 21, Utah Fair Housing Act, and applicable jurisprudence;

(ii) The Fair Housing Amendments Act of 1988, 42 U.S.C. Section 3601 et seq. and applicable jurisprudence; and

(iii) Section 504, Rehabilitation Act of 1973, and applicable jurisprudence.

(h) In accordance with the Fair Housing Amendments Act of 1988, 42 U.S.C. Section 3601 et seq., none of the foregoing conditions shall be interpreted to limit any reasonable accommodation necessary to allow occupancy of a residential facility for persons with a disability.

(2) Any permit issued pursuant to Subsection (1) of this Section shall be nontransferable and shall terminate if:

(a) the structure is devoted to a use other than a residential facility for persons with a disability; or

(b) the structure fails to comply with any conditions enumerated in Subsection (1) of this Section.

(3) Residential Facility for Elderly Persons. Upon application for a permit to establish a residential facility for elderly persons in any zone in which such facility is a permitted or conditional use, a facility that conforms to the conditions listed below (and the conditional use criteria of Section 14.02.040, Provo City Code, if applicable) shall be granted a permit. Such permit shall be nontransferable and shall terminate if the structure is devoted to a use other than a residential facility for elderly persons, or the structure fails to comply with the conditions listed below:

(a) that all building, safety, zoning and health ordinances applicable to similar dwellings be met;

(b) that no residential facility for elderly persons be established within one thousand (1,000) feet of another existing residential facility for elderly persons;

(c) that the operator of the facility provide adequate off-street parking spaces as required for one-family residential uses by Chapter 14.37, Provo City Code;

(d) that the facility be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure’s residential character;

(e) that no person being treated for alcoholism or drug abuse be placed in a residential facility for elderly persons; and

(f) that placement in a residential facility for elderly persons be on a voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.

(Enacted 1987-19, Am 1991-14, Am 1998-07, Am 1998-50, Am 2008-19, Am 2016-02)