Hyde Park tightens group-home occupancy to 4 residents plus manager, keeps distance rule pending legal review

Hyde Park — The Hyde Park City Council on March 12 approved changes to the city’s group-dwelling ordinance that set a cap of four unrelated residents plus one on-site supervisor for group homes in residential neighborhoods, require zoning clearance for those facilities and keep a 660-foot spacing rule that the city attorney said could be challenged in court.

The measure, which the council adopted after an extended public hearing and debate, is intended to balance neighbors’ concerns about safety and neighborhood character with state and federal fair-housing protections that limit how municipalities may regulate residential facilities for people with disabilities.

Council members said they were seeking a clear, enforceable standard rather than leaving gaps that could allow group homes to operate without a license. City staff and the planning commission described several iterations of the draft ordinance: the planning commission originally recommended a “5 plus 1” approach but had earlier considered other occupancy formulas and a proposal that would count residents differently depending on the facility type.

"The planning commission changed the code to read as that you could have, 6 total people, any mixture of staff and clients that you want," City staff member Marcus said during the presentation on March 12, describing the commission’s previous approach. The city attorney warned the council that a spacing requirement copied from another city would need a defensible factual basis to survive a legal challenge. "This provision would need to be justified based on the additional burden ... Normally, this is justified because a group home has more residents than the surrounding zoning allows. Even allowing 6 people wouldn't provide the kind of justification that the law is looking for ... we would probably lose because the case law doesn't hold up," the city attorney told council members.

Residents who live near proposed group homes pressed the council to limit occupancy and increase local oversight. "I have 4 little kids on my — who live in my house. I have neighbors who have 4 or 5 little kids. There's an elementary school going 300 feet from a proposed group home on my street, and they all need to be protected," resident Amanda Ralphs said during public comment. Ralphs asked the council to preserve a family-oriented character in neighborhoods and to require licenses and zoning clearance so neighbors would know when a facility was operating.

Public safety officials described enforcement options and limits. "It is not currently required by Utah law for the landlord to do a background check," Police Chief Goodrich said, adding that background checks can reveal arrests, convictions and warrants but that the city cannot compel third parties to release records. The chief said conditional-use permitting and zoning-clearance requirements already give the city enforcement tools, and that a sworn affidavit prohibiting admission of violent offenders is a mechanism the city could enforce.

Council members who supported the change said limiting group-dwelling occupancy to the same base standard that applies to unrelated residents in a dwelling — plus one onsite supervisor — would both protect neighborhoods and ensure facilities are subject to permitting and oversight. Councilmembers who opposed stricter limits cited state and federal fair-housing laws and the attorney’s caution that overly restrictive rules risk legal challenge.

After discussion the council adopted the amendment on a unanimous voice vote to set occupancy at four unrelated residents plus one on-site supervisor, keep the zoning-clearance and affidavit requirements, and retain the 660-foot spacing provision for now. Councilmembers asked staff to work with the city attorney to draft a clearer legal justification for any spacing or density limits and return to the council with proposed language at a meeting in May so the council can decide whether to keep or remove the spacing rule.

The ordinance also affirms that regulation of residential facilities for people with disabilities will be carried out to the extent allowed by the Utah Fair Housing Act, the Federal Fair Housing Act and the Americans with Disabilities Act, language that staff said is intended to ensure compliance with state and federal civil-rights law.

The council’s action amends the city’s group-dwelling code and applies to facilities such as residential care homes, assisted-living type dwellings and other group residences that operate in residential zones. Council members said the change is meant to make enforcement straightforward: facilities that exceed the new thresholds will be required to apply for the appropriate permit and submit to the city’s licensing and zoning-clearance process.

Council direction following the vote included asking staff to return with a clear written rationale for any spacing requirement and to draft any refinements the city attorney recommends. The council also asked staff to prepare a May status report that summarizes the legal analysis and lists any proposed code edits to be considered at a future meeting.

The ordinance text approved March 12 requires zoning clearance and a sworn affidavit from operators; several council members said those measures give the city processes it can enforce if occupants or operations cause problems in a neighborhood.

The council’s vote was unanimous.