(A) Residential facilities for elderly persons. The approval of a residential facility for elderly persons is non-transferable and automatically 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 requirements of this section.
(1) A residential facility for elderly persons shall not:
(a) Operate as a business (UCA § 10-9a-516(1), as amended);
(b) Be considered as a business because a fee is charged for food or actual and necessary costs of operation and maintenance of the facility (UCA § 10-9a-516(3), as amended); and
(c) Provide housing for a person being treated for alcoholism or drug abuse (UCA § 10-9a-518, as amended).
(2) A residential facility for elderly persons shall:
(a) Be owned by one of the residents or by an immediate family member of one of the residents or be a facility for which the title has been placed in trust for a resident (UCA § 10-9a-516(2)(a), as amended);
(b) Be consistent with all existing, applicable land use ordinance requirements affecting the location (UCA § 10-9a-516(2)(b), as amended);
(c) Be occupied on a 24-hour basis by eight or fewer elderly persons in a family-type arrangement (UCA § 10-9a-516(2)(c), as amended);
(d) Be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure’s residential character (UCA § 10-9a-517(2)(c), as amended);
(e) Shall meet all land use ordinances, Building Code(s), and Health Codes as adopted, as applicable to similar dwellings (UCA § 10-9a-517(2)(a), as amended); and
(f) Provide adequate off-street parking (UCA § 10-9a-517(2)(b), as amended).
(3) 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 (UCA § 10-9a-517(2)(f), as amended).
(B) Supplementary requirements for residential facilities for persons with disabilities.
(1) Types of residential facilities for persons with disabilities. A residential dwelling for four or more persons as licensed by the Department of Human Services, Division of Services For People with Disabilities.
(2) Residential treatment facilities and program. A residential treatment facility or residential treatment program, as licensed and monitored by the state’s Department of Human Services, under the core and categorical rules for treatment.
(3) Day treatment facility and program. A day treatment facility or day treatment program, as licensed and monitored by the state’s Department of Human Services, under the core and categorical rules for treatment.
(4) Outpatient treatment facility and program. An outpatient treatment facility or outpatient treatment program, as licensed and monitored by the state’s Department of Human Services, under the core and categorical rules for treatment.
(5) Residential support facility and programs. A residential support facility or residential support program, as licensed and monitored by the state’s Department of Human Services, under the core and categorical rules for treatment.
(6) Social detoxification facility and programs. A social detoxification facility or social detoxification program, as licensed and monitored by the state’s Department of Human Services, under the core and categorical rules for treatment.
(7) Intermediate secure treatment facility and programs for minors. An intermediate secure treatment facility for minors or intermediate secure treatment program for minors, as licensed and monitored by the state’s Department of Human Services, under the core and categorical rules for treatment.
(C) Compliance with Health Codes, Building Codes, Fire Codes and zoning district requirements.
(1) General. No residential facility for persons with a disability shall be established unless:
(a) It is proposed in an existing building that complies with all Building, Fire and Health Codes, as adopted, applicable to similar structures, and all requirements of this chapter;
(b) It is proposed in a new building that complies with all Building, Fire and Health Codes, as adopted, applicable to similar structures, and all requirements of this chapter; and
(c) The existing or proposed building complies with all requirements of the zoning district in which it is located, or proposed, and applicable to similar structures.
(2) Maximum number of occupants (consumers and staff). For any existing building, or any new building, proposed to be used for a residential facility for persons with a disability, the building, or building plans shall be reviewed by the Building Official, considering the categorical standards for physical facilities, as established by the state’s of Utah Department of Human Services. Following this review, the Building Official shall determine and establish the maximum number of persons allowed to reside within the facility.
(3) State Department of Human Services license.
(a) At the time of application for a conditional use permit to establish a residential facility for persons with a disability, or within 45 days following approval of a conditional use permit to establish a residential facility for persons with a disability, the owner or provider shall provide to the Town Clerk evidence that the facility is licensed by the state’s Department of Human Services for the type of facility being considered by the town. The Planning Commission shall condition any conditional use approval on the presentation of evidence that the facility is licensed by the state’s Department of Human Services, as required by this section. Failure to provide such evidence shall be grounds for the town to invalidate any existing or pending town approvals;
(b) Continued compliance with the licensure requirements of the Department of Human Services; and
(c) The responsibility to license programs or owners or providers that operate residential facility 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 state’s Department of Human Services.
(4) Conditional use permit to operate a residential facility for persons with a disability non-transferable.
(a) A permit to operate a residential facility for persons with a disability, as authorized by this section, is non-transferable and shall only be valid to the owner or provider identified on the application authorizing the operation of the facility, and as identified as the owner or provider as licensed by the state’s Department of Human Services, Division of Services for People with Disabilities.
(b) A conditional use permit to operate a residential facility for persons with a disability terminates if the building is devoted to another use or if the building fails to comply with any of the standards established herein.
(5) Reasonable accommodations. The Planning Commission shall have the authority, in reviewing an application for a conditional use permit to establish and operate a residential facility for persons with a disability, to modify the requirements contained herein if the Commission determines such modifications are necessary in order to make a reasonable accommodation to afford persons residing in such facilities equal opportunity in the use and enjoyment of the facility.
(Ord. 46, passed 8-28-2001; Ord. 21D, passed 1-7-2004; Ord. 59, passed 5-8-2008, § 1013; Ord. 72, passed 11-7-2013; Ord. 2021-2, passed - -2021)