By Myrna Trauntvein
Times-News Correspondent
It took two motions to pass the new ordinance concerning group homes and residential facilities.
The first motion passed, as proposed by Jeff Hearty, council member, was for a word change as part of the ordinance. It was proposed that all of the homes and centers be required to be in the commercial area of the city and that they not be allowed in residential areas.
"We would rather not have them just anywhere in the city," agreed Jonathan Jones, mayor pro tempore for the evening, acting in the absence of Greg Newton, mayor.
"Kasey Wright, city attorney, responded to my text and said that we cannot limit these facilities to a commercial area," said Hearty. "So I will have to make another motion to pass the ordinance as written."
The second motion was also approved unanimously.
Wright said that the ordinance was written with state and federal law requirements included.
By state and federal law a facility for the developmentally disabled cannot be limited to certain areas but needs to follow federal and state statutes and regulations.
For example, even though each of the group home facilities is too large to be a "single family" home under a zoning ordinance, state and federal housing laws will override the local zoning restriction.
The same laws govern homes that provide care for the elderly. The term "assisted living" describes a wide range of facilities that provide some type of long-term care to older or disabled persons who can no longer live independently.
Residential Facilities for Troubled Youth are protected by law as long as the facility has a state license.
Under the federal Fair Housing Act and the state guidelines that go with that, a group home is categorized as a residential facility for the disabled and they all are allowed to move into neighborhoods.
"I would also like to see us require a bond," said Hearty.
However, further communication from Wright indicated that could not be a requirement either.
"I also think we need to beef up the clause dealing with insurance," said Hearty.
Hearty said that they could change the insurance clause later and go ahead and adopt the ordinance as written.
The wording in the ordinance is left as: "Residential Care/Treatment Facility, when not used in specific context in relations to a particular type of facility, a Residential Care/Treatment Facility shall include a Residential Care Facility for Elderly Persons, a Residential Treatment Facility for Persons with a Disability, a Residential Transition and Treatment Facility, or a Transitional Victim Home."
Providers for an elderly residential care facility must 1. be licensed or certified by the department of human services, 2. be licensed by the department of health.
A residential facility for persons with disabilities is one limited to no more than eight unrelated individuals where treatment services are provided such as counseling, therapy, group support and rehabilitation.
A residential transition and treatment facility is one that is limited to no more than eight individuals that provides structured peer support to assist residents to acquire and strengthen social and behavioral skills necessary to transition into independent living.
"A Transitional Victim Home means a residential support facility for up to eight individuals or four families (parent with children) at any given time, and said facility is licensed by the state of Utah as a residential support facility, which provides 24-hour care and peer support of victims of abuse or crime and which arranges for or provides the necessities of life and protective services to residents who are temporarily displaced due to abuse, crime or other emergency," reads the ordinance.
There are further restrictions allowed by law such as that the structure be capable of housing the service, the owner/operator have a license from the city, that each person have adequate space, the front and side yard setbacks cannot be used for parking and that none of the facilities can be within three-quarters of a mile of the same provider.
The ordinance also provides for a procedure for review, approval and denial of application and an appeal process.
In addition, the application that will be approved or denied by the city must be accompanied by proof that an applicant has obtained all necessary state and/or federal licensing and approvals for the specific type of service being provided at the facility.
"To be licensed by the city, the applicant has to provide proof of adequate general liability insurance for the program's vehicles, hazard insurance on the home and general liability insurance to cover residents and third party individuals," said Hearty.
Safety requirements must also be met to assure that the facility is not a hazard to occupants or surrounding residents.
