For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates of requires a different meaning. The following definitions shall apply to all sections of this chapter and shall supersede any other definition of the same name contained in § 152.019.
ADULT DAYCARE FACILITY. Any building or structure furnishing care, supervision and guidance for three or more adults unaccompanied by guardian for periods of less than 24 hours per day.
ASSISTED LIVING FACILITY.
(1) A residential facility, licensed by the state, with a home-like setting that provides an array of coordinated support of personnel and health care services, available 24 hours per day, to residents who have been assessed under the state’s Department of Health or the state’s 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 residence independence and self sufficiency.
(2) Such a facility does not include adult day care provided in conjunction with a residential facility for elderly persons or a residential facility for persons with a disability.
BOARDER. A person living in a rented room in a boarding house. The boarding house operator or member of his or her immediate family who reside on the premises with the operator, shall not be considered to be a BOARDER.
BOARDING HOUSE. A portion thereof where, for compensation, rooms are rented together with meals for not more than 15 boarders who generally do not directly utilize kitchen facilities. The operator of a BOARDING HOUSE must reside on the premises of the BOARDING HOUSE. The work shall include compensation in money, services or other things of value. A BOARDING HOUSE does not include a residential facility for disable persons or a residential facility for the elderly. A BOARDING HOUSE does not include a non-residential facility, such as a rehabilitation/treatment facility, where the primary purpose of the facility is to deliver rehabilitation, treatment, counseling, medical, protective or other similar services to the occupants.
BUILDING, PUBLIC. For purposes of this section only, a PUBLIC BUILDING is a building owned and operated or owned and intended to be operated by the town, a public agency of the United States of America, the State of Utah or any of its political subdivisions. The use of a PUBLIC BUILDING, with immunity, is non-transferrable and terminates if the structure is devoted to a use other than as a PUBLIC BUILDING with immunity. A PUBLIC BUILDING referred to as with immunity under the provisions of this subchapter includes:
(1) Properties owned by the state or the United States Government which are outside of the jurisdiction of the town’s zoning authority as provided under UCA Title 9, Chapter 10, § 105
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, as amended; and
(2) The ownership or use of a building which is immune from the town’s zoning authority under the supremacy clause of the United States Constitution.
COMMUNITY CORRECTIONAL FACILITY. A facility licensed or contracted by the state to provide temporary occupancy for previously incarcerated persons which assists such persons in making a transition from a correctional institution environment to independent living.
CORRECTIONAL INSTITUTION. A prison, jail, juvenile detention facility or juvenile secure facility.
DISABILITY. A physical or mental impairments that substantially limits one or more of a persons 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:
(1) Disability does not include current illegal use of, or addiction to, any federally controlled substance as defined in § 102 of the Controlled Substances Act, 21 U.S.C. § 802, or as defined under UCA Title 58, Chapter 37
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, as amended;
(2) A physical or mental impairment includes the following, to wit:
(a) 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
(b) Any mental or physiological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness and specific learning disabilities; or
(c) 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.
DWELLING. Any building or portion thereof containing one or more dwelling units occupied as or designated or intended for occupancy as a residence by one or more families.
DWELLING. MULTIPLE-FAMILY. Any building arranged or designed to include three or more dwelling units, each to be occupied by one family.
DWELLING, SINGLE-FAMILY. Any building arranged or designed to include only one dwelling unit.
DWELLING, TWO-FAMILY/DUPLEX. A building arranged or designed to include two dwelling units, each to be occupied by one family.
DWELLING UNIT. Any building or portion thereof designated, occupied or intended as a residence for a family with complete and independent facilities for living, sleeping, eating, cooking and sanitation.
EDUCATIONAL INSTITUTION. Any elementary or secondary school, seminary, parochial school or private educational institution having a curriculum similar to that ordinary-given in grades one through 12 in public school systems. The term EDUCATIONAL INSTITUTION for the purpose of this title does not include post high school educational facilities or educational facilities which include residential facilities for its students.
EDUCATIONAL INSTITUTION WITH HOUSING. A public or private educational institution with residential facilities or housing for its students and or staff.
ELDERLY PERSON. A person who is 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, or a group of not more than four unrelated persons living together as a single non-profit housekeeping unit, together with any incidental domestic staff who may or may not reside on the premises. FAMILY does not exclude the care of foster children.
FRATERNITY OR SORORITY HOUSE. A building occupied by and maintained exclusively for students affiliated with an academic or professional college or university or other recognized institution of higher learning who are associated together in a fraternity or sorority that is officially recognized by such institution and who receives lodging and/or meals on the premises for compensation.
HOSPITAL. An institution licensed by the state which provides diagnostic, therapeutic, and rehabilitative services to individuals on both an inpatient and out patient basis by or under the supervision of one or more physicians. A medical clinic or professional office which offers any in-patient or overnight care, or operates on a 24-hour basis shall be considered to be a HOSPITAL. A HOSPITAL may include necessary support service facilities such as laboratories, out-patient units and training and central services, together with staff offices necessary to operate the HOSPITAL.
HOTEL. A building designed for or occupied as the more or less temporary abiding place of individuals who are, for compensation lodged with or without meals.
JAIL. A place of incarceration owned and operated by the county.
JUVENILE DETENTION FACILITY. A place of temporary detention for delinquent juveniles, which either is owned or operated by the state or is under contract with the state.
JUVENILE SECURE FACILITY. A place of incarceration for delinquent juveniles which is either owned or operated by the state or is under contract with the state.
MAJOR LIFE ACTIVITIES. Functions such as caring for ones self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
NON-RESIDENTIAL TREATMENT FACILITY. A facility wherein no persons will be housed on an overnight basis, and provides services including rehabilitation, treatment, counseling or assessment and evaluation services related to delinquent behavior, alcohol abuse, drug abuse, sexual offenders, sexual abuse or mental health. Associated educational services may also be provided to juvenile occupants.
NURSING HOME. An intermediate care/nursing facility or a skilled nursing facility licensed by the state, for the care of individuals who, due to illness, advance stage, disability or impairment require assistance and/or supervision on a 24-hour per day basis. Such a facility does not include an adult day care facility or adult day care provider in conjunction with residential facilities for elderly persons or a residential facility for persons with a disability.
PRISON. A place of incarceration owned or operated by the state.
PRIVATE PRISONS. A correctional facility established or operated under a contract with the state under the provisions of the Private Correctional Facilities Act, UCA Title 64, Chapter 13C
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, as amended.
PRIVATE JAIL. A place of incarceration established or operated under a contract with the county.
PROTECTIVE HOUSING FACILITY. A facility either:
(1) Operated, licensed or contracted by a governmental entity; or
(2) Operated by a charitable, non-profit organization, where no compensation, temporary, protective housing is provided to:
(a) Abused or neglected children waiting placement of foster care;
(b) Pregnant or parenting teens;
(c) Victims of sexual abuse; or
(d) Victims of domestic abuse.
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. The following words have the following definitions, to wit:
(1) 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;
(2) 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; and
(3) EQUAL OPPORTUNITY. Achieving equal results as between a person with a disability and a non-disabled person.
RECORD OF IMPAIRMENT. Having a history of, or having been misclassified 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:
(1) The person has a physical or mental impairment that does not substantially limit one or more major life activity, but is treated by another person as having such a limitation;
(2) 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
(3) Has none of the impairments defined in this section, but is treated by another person as having such an impairment.
REHABILITATION/TREATMENT FACILITY. A facility licensed or contracted by the state to provide temporary occupancy and supervision of individuals (adults and/or juveniles) in order to provide rehabilitation, treatment or counseling services. Without limitation, such services may include rehabilitation, treatment, counseling or assessment and evaluation services related to delinquent behavior, alcohol abuse, drug abuse, sexual offenders, sexual abuse or mental health. Associated educational services may also be provided to juvenile occupants.
RESIDENTIAL FACILITY FOR ELDERLY PERSONS. A dwelling unit that is occupied on a 24-hour per day basis by eight or fewer elderly persons in a family type arrangement. A RESIDENTIAL FACILITY FOR ELDERLY PERSONS shall not include any of the following, to wit:
(1) 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; and
(2) 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 health care facility as defined by UCA Title 26, Chapter 2, § 21
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, as amended; or a facility which is a residential facility for persons with a disability.
RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY. Any residence in which more than one person with a disability resides and which is:
(1) Licensed or certified by the Department of Human Services under UCA Title 62A, Chapter 2
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, licensor for programs and facilities; or
(2) Licensed or certified by the Department of Human Health under UCA Title 26, Chapter 21
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, Health Care Facilities Licensing and Inspection Act.
RESIDENTS, 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.
RETIREMENT HOME. A residential facility designated, occupied and intending for residents 50 years of age or older where common facilities for cooking and dining are available to all residents in independent facilities are provided for living, sleeping and sanitation.
SHELTERED WORKSHOP. An on-site supervised educational or vocational training facility for persons with a disability and does not provide any residential facilities.
SHELTER FOR THE HOMELESS. Charitable lodging or sleeping rooms provided on a temporary basis (usually on a daily basis) to those members of society lacking other safe, sanitary or affordable shelter. A SHELTER FOR THE HOMELESS may also include kitchen and cafeteria facilities.
TRADE OR VOCATIONAL SCHOOL. A post high school educational or vocational training facility.
TRANSITIONAL HOUSING FACILITY. A facility owned, operated or contracted by a governmental entity or a charitable, not for profit organization, where, for no compensation, temporary housing (usually three to 24 months, but in no event less than 30 days) is provided to homeless persons, while they obtain work, job skills or otherwise take steps to stabilize their circumstances. A TRANSITIONAL HOUSING FACILITY shall not include a shelter for the homeless, a dwelling unit provided to a family for the exclusive use as part of a transitional housing program, for more than 30 days, shall not be considered to be a TRANSITIONAL HOUSING FACILITY.
(Ord. 14-08-04, passed 11-13-2014)
Notes
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