A. Assisted Living Facility for Elderly Persons. Upon application to the city, the city shall grant a permit for the establishment of an assisted living facility for elderly persons in a residential zone if the applicant meets the following requirements:
1. The facility conforms to all applicable standards and requirements of the Utah State Department of Human Services and the owner/operator has obtained all licenses required by the State to operate such a facility.
2. The facility conforms to all State and local building, safety, health, and zoning requirements applicable to similar structures.
3. The facility is operated for the primary purpose of providing a living arrangement for elderly persons in a group home setting.
4. The facility is occupied only by individuals 55 years of age or older and paid, professional staff members. Occupancy by any staff member shall only be allowed if such occupancy is primarily for the purpose of serving the elderly persons and not primarily a benefit of employment to the staff member. The facility shall not house more than eight elderly persons.
5. Residency in the facility shall be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility. An assisted living facility for elderly persons shall not include any persons referred by the Utah State Department of Corrections or any court.
6. The facility will not likely create a fundamental change in the character of the residential neighborhood in which it is proposed to be located.
7. No individual who has impairment due to addiction of any controlled substance or alcohol and currently uses such controlled substance or alcohol will be a resident.
8. The facility shall not be made available to or occupied by any individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physical damage to the property of others.
9. At least two and a half (2 1/2) off-street parking stalls will be provided per residents. The parking will be for residents, visitors and staff members.
10. An assisted living facility for elderly persons located in an existing residential dwelling shall be capable of use as an assisted living facility for elderly persons without structural or landscaping alterations that would change the structure's residential character. Any new structure constructed for use as an assisted living facility for elderly persons shall be of a size, scale, and design that is in harmony with other residential uses in the vicinity.
11. The total number of residents permitted in an Assisted Living, Congregate Living, or Nursing Care project (maximum allowed) shall be one resident per 2,000 square feet of lot area.
12. The minimum project size shall be one (1) acre and the maximum project size shall be two (2) acres.
13. Setback shall be thirty (30) feet in the front along a public street. The rear and side yard setbacks adjacent to residential properties shall be thirty (30) feet.
14. The facility is not located closer than 5,280 feet (1 mile) to any other residential facility for elderly persons or residential facility for disabled persons, as measured in a straight line between the closest property lines of the lots on which they are located.
15. No person convicted of the illegal manufacture or distribution of a controlled substance shall be an occupant in a residential facility for disabled persons.
16. The applicant for a permit provides sufficient documentation and other evidence reasonably required by the City to establish compliance with all of the above criteria. (Ord. 2023-11, 8-3-2023)