A residential facility for elderly persons is a dwelling unit that offers living quarters to a limited number of non-related elderly persons. Residential facilities for elderly persons shall be allowed as a permitted use in multi-family zoning districts and a conditional use in single family zoning districts. A residential facility for elderly persons may not operate as a business. A residential facility for elderly persons may not be considered a business because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility. Residential facilities for elderly persons shall comply with the following requirements:
(1) Shall be owned by one (1) of the residents or by an immediate family member of one (1) of the residents or be a facility for which the title has been placed in trust for a resident;
(2) Shall be consistent with existing zoning of the desired location;
(3) Shall be occupied on a twenty-four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement;
(4) Shall meet all applicable building, safety, zoning, and health ordinances applicable to similar dwellings;
(5) Shall provide adequate off-street parking space as per Section 19.12.050;
(6) Shall be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character;
(7) No residential facility for elderly persons be established within three-quarters (¾) mile of another residential facility for elderly persons or residential facility for persons with a disability, as defined by Section 10-9-605 of the Utah Code;
(8) No person being treated for alcoholism or drug abuse be placed in a residential facility for elderly persons; and
(9) Placement in a residential facility for elderly persons shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.
(10) The use granted and permitted by this Section is non-transferable and terminates if the structure is devoted to a use other than a residential facility for elderly persons or if the structure fails to comply with the ordinances adopted under this part.
(11) Discrimination against elderly persons and facilities for elderly persons and persons with disabilities is prohibited.
Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 99-26, Amended, 5/20/1999
Ord. No. 97-19, Enacted, 4/17/1997
Ord. No. 04-69, Recodified, 12/16/2004