The following definitions shall apply to all sections of Farr West City zoning ordinance and except as provided herein, shall supersede any other definition contained in the city of Farr West zoning ordinance:
ADULT DAYCARE: The care and support to three (3) or more functionally impaired adults through a comprehensive program that provides a variety of social, recreational and related support services in a licensed healthcare setting.
ASSISTED LIVING FACILITY: A residential facility, licensed by the state of Utah, with a homelike setting that provides an array of coordinated support personnel and healthcare services, available twenty four (24) hours per day, to residents who have been assessed under the Utah department of health or the Utah department of human services rules to need any of these services. Each resident shall have a service plan based on the assessment, which may include:
A. Specified services of intermediate nursing care;
B. Administration of medication; and
C. Support services promoting resident's independence and self-sufficiency. Such a facility does not include adult daycare provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.
DISABILITY: A physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such a problem or being regarded as having such an impairment. The following definitions are incorporated into the definition of disability:
A. Disability does not include current illegal use of, or addiction to, any federally controlled substance as defined in section 102 of the controlled substances act, 21 USC 802, or as defined under title 58, chapter 37, Utah Code Annotated, 1953, as amended;
B. A physical or mental impairment includes the following:
1. Any psychological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
2. Any mental or physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; or
3. Such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, human immunodeficiency virus (HIV), mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of controlled substances) and alcoholism.
DOMESTIC STAFF: Persons employed or residing on the premises of a dwelling or other residential facility to perform domestic services or to assist residents in performing major life activities.
ELDERLY PERSON: A person who is sixty (60) years or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.
FAMILY: One or more persons related by blood, marriage, adoption, or guardianship, and may also include up to three (3) additional unrelated individuals living with the family, such as domestic staff, living together as a single nonprofit housekeeping unit. "Family" includes the care of foster children.
MAJOR LIFE ACTIVITIES: Functions such as caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working. See also "activities of daily living" in Utah administrative rules R432-1-3.
REASONABLE ACCOMMODATION: A change in any rule, policy, practice, or service necessary to afford a person with a disability equal opportunity to use and enjoy a dwelling. Includes the following definitions:
A. Reasonable: A requested accommodation that will not undermine the legitimate purpose of existing zoning regulations notwithstanding the benefit that the accommodation will provide to a person with a disability.
B. Necessary: The applicant must show that, but for the accommodation one or more persons with a disability likely will be denied an equal opportunity to enjoy the housing of their choice.
C. Equal Opportunity: Achieving equal results as between a person with a disability and a nondisabled person.
RECORD OF IMPAIRMENT: Having a history of or having been classified as having a mental or physical impairment that substantially limits one or more major life activities.
REGARDED AS HAVING AN IMPAIRMENT: A person is regarded as having an impairment when:
A. The person has a physical or mental impairment that does not substantially limit one or more major life activities but is treated by another person as having such a limitation;
B. The person has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others towards such an impairment; or
C. The person has none of the impairments defined in this section but is treated by another person as having such an impairment.
RELATED: Related by blood, marriage or adoption within the definition of "family" means a father, mother, husband, wife, son, daughter, sister, brother, uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, sister-in- law, son-in-law, daughter-in-law, grandparent, or grandchild, to include the half as well as the whole blood. Refer to definition of "relative" in Utah administrative rules R432-1-3.
RESIDENCE, RESIDENTIAL FACILITY: Any building or portion thereof where an individual is actually living at a given point and time and intends to remain, and not a place of temporary sojourn or transient visit.
RESIDENTIAL FACILITY FOR ELDERLY PERSONS: A dwelling unit that is occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement. A residential facility for elderly persons shall not include any of the following:
A. A facility which is operated as a business; provided that such facility may not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs of preparation and maintenance of the facility;
B. A facility where persons being treated for alcoholism or drug abuse are placed; a facility where placement is not on a strictly voluntary basis or where placement is part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution; or a facility which is a healthcare facility as defined by title 26, chapter 21, section 2, Utah Code Annotated, 1953, as amended; or a facility which is a residential facility for persons with a disability.
RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY: A residence in which more than one person with a disability resides and which is:
A. Licensed or certified by the department of human services under title 62A, chapter 2, of the Utah code, licensure of programs and facilities; or
B. Licensed or certified by the department of human health under title 26, chapter 21, of the Utah code, titled the health care facilities licensing and inspection act. (Ord. 2012-03)