A. Purpose: The purpose of this section is to comply with Utah Code 62A-3.
B. Requirements: "Residential facilities for elderly persons" shall comply with all requirements of Utah Code 62A-3, and also the following requirements:
1. The facility shall meet all applicable Building Codes, Safety Codes, zoning regulations, the Americans With Disabilities Act, and health ordinances 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 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, Zoning 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 seven hundred feet (700') measured in a straight line between the closest property lines of the lots or parcels of similar facilities, residential facilities for persons with disabilities, protective housing facilities, transitional housing facilities, assisted living facilities, rehabilitation/treatment facilities, or a nonresidential treatment facility. (Ord. 18-01, 1-16-2018)