The approval of a residential facility for elderly persons is nontransferable and 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.
A. A residential facility for elderly persons shall not:
1. Operate as a business pursuant to section 17-27a-515(1), Utah Code Annotated, as amended.
2. Be considered as a business because a fee is charged for food or actual and necessary costs of operation and maintenance of the facility pursuant to section 17-27a-515(3), Utah Code Annotated, as amended.
3. Provide housing for a person being treated for alcoholism or drug abuse pursuant to section 17-27a-516(2)(e), Utah Code Annotated, as amended.
B. A residential facility for elderly persons shall:
1. 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 pursuant to section 17-27a-515(2)(a), Utah Code Annotated, as amended.
2. Be consistent with any existing, applicable land use ordinance requirements affecting the location pursuant to section 17-27a-515(2)(b), Utah Code Annotated, as amended.
3. Be occupied on a twenty four (24) hour basis by eight (8) or fewer elderly persons in a family type arrangement pursuant to section 17-27a-515(2)(c), Utah Code Annotated, as amended.
4. Be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character pursuant to section 17-27a-516(1)(c), Utah Code Annotated, as amended.
5. Shall meet all land use ordinances, building code(s), and health codes as adopted, as applicable to similar dwellings pursuant to section 17-27a-516(2)(a), Utah Code Annotated, as amended.
6. Provide adequate off street parking pursuant to section 17-27a-516(2)(b), Utah Code Annotated, as amended.
C. 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 pursuant to section 17-27a-516(2)(f), Utah Code Annotated, as amended.
D. The land use authority in reviewing an application to establish a residential facility for elderly persons may to the extent necessary modify the requirements of this section, if such modification is necessary to make a reasonable accommodation to afford persons residing in such facilities equal opportunity in the use and enjoyment of the facility. (Ord. 12-12-04, 12-4-2012)