A. Purpose: The purpose of this section is to comply with title 10, chapter 9a, section 516, Utah Code Annotated, 1953, as amended.
B. Compliance: "Residential facilities for elderly persons" shall comply with all requirements of section 10-9a-516, Utah Code Annotated, and also the following requirements:
1. The facility shall meet all applicable building codes, safety codes, land use regulations, the Americans with disabilities act, and health ordinance applicable to single-family or similar dwellings; except as may be modified by the provisions of this chapter;
2. No facility shall be made available to an individual who has demonstrated, by prior behavior, actions and/or criminal convictions, or as a resident, that he or she:
a. May be determined to be or does constitute a substantial risk or direct threat to the health or safety of other individuals; or
b. Has or may engage in conduct resulting in substantial physical damage to the property of others;
3. Minimum site development standards shall be the same as those for a dwelling unit in the zone in which the facility is located;
4. The facility shall be capable of being used as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character;
5. The use granted and permitted by this section is nontransferable and terminates if the structure is devoted to any use other than as a residential facility for the elderly or if the structure fails to comply with the applicable health, safety, land use and building codes; and
6. No residential facility for elderly persons which facility has more than five (5) elderly persons in residence shall be established or maintained within three-fourths (3/4) of a mile measured in a straight line between the closest property lines of the lots or parcels of similar facilities, or residential facilities for persons with disabilities. (Ord. 2013-10, 5-9-2013)