For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
ASSISTED LIVING FACILITY.
(1) A TYPE I ASSISTED LIVING FACILITY is a residential facility, licensed by the state, with a home-like setting that provides assistance with activities of daily living and social care to two or more residents who require protected living arrangements and are capable of achieving mobility sufficient to exit the facility without the assistance of another person.
(2) A TYPE II ASSISTED LIVING FACILITY is a residential facility, licensed by the state, with a home-like setting that provides an array of coordinated supportive personal and health care services, available 24 hours per day, to residents who have been assessed under the State Department of Health rules to need any of these services.
(3) Each resident of a type I or type II ASSISTED LIVING FACILITY shall have a service plan based on the assessment, which may include specified services of intermediate nursing care; administration of medication; and support services promoting the resident’s independence and self-sufficiency.
DISABILITY. Physical or mental impairment that substantially limits one or more of a person’s major life activities, including a person having a record of such an impairment or being regarded as having such an impairment. DISABILITY does not include current illegal use of, or addition 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, as amended.
ELDERLY PERSON. A person who is 60 years old or older, who desires or needs to live with other elderly persons in a group setting but who is capable of living independently.
NURSING CARE FACILITY. An intermediate care/nursing facility or a skilled nursing facility licensed by the state for the care of individuals who, due to illness, advanced age, 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.
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:
(1) Cannot be 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;
(2) Must be owned by one of the residents or by an immediate family member of one of the residents, or for which title has been placed in trust for one of the residents;
(3) Must be consistent with any existing, applicable land use ordinances affecting the desired location;
(4) Placement in a residential facility for elderly persons must be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution or facility;
(5) No person being treated for alcoholism or drug abuse may be placed in a residential facility for elderly persons;
(6) Residential facilities for elderly persons must be reasonably dispersed throughout the city and cannot be located within three-fourths of a mile of another residential facility for elderly persons, or residential facilities for persons with disabilities;
(7) The facility must meet each building safety, land use, and health ordinance applicable to similar dwellings, and must provide adequate off-street parking; and
(8) The facility must be capable for use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure’s residential character.
RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY.
(1) A residence in which more than one person with a disability resides and which is:
(a) Licensed or certified by the Department of Human Services under Title 62A, Chapter 2, of the Utah Code, “Licensure of Programs and Facilities; or
(b) Licensed or certified by the Department of Human Health under Title 26, Chapter 21, Heath Care Facility Licensing and Inspection Act.
(2) Further, a RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY shall have the following requirements.
(a) 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 may be determined to be, or does constitute, a substantial risk or direct threat to the health or safety of other individuals, or has, or may engage in, conduct resulting in substantial physical damage to the property of others.
(b) Minimum site development standards shall be the same as those for a dwelling unit in the zone in which the facility is located.
(c) The facility shall be capable of being used as a residential facility for persons with a disability without structural or landscaping alterations that would change the structure’s residential character.
(d) The use granted and permitted by this subchapter in non-transferable and terminates if the structure is devoted to any use other than as a residential facility for persons with a disability or a residential care facility for persons with a disability, or if the structure fails to comply with the applicable health, safety, zoning, and building codes.
(e) No residential facilities for persons with a disability or residential care facility for persons with a disability shall be reasonably dispersed within the city. No such facility may be established or maintained within three-fourths of a mile measured in a straight line between the closet property lines of the lots or parcels of another facility regulated by the State Department of Human Services, another residential facility for disabled persons, or a residential facility for elderly persons.
(f) In zones that allow residential uses, no residential facility for persons with a disability may exceed eight residents. A maximum of 18 total persons is permitted (including staff and the family that owns the residence).
(Prior Code, § 72.06) (Ord. 2-92, passed - -1992; Ord. 03-2012, passed 4-4-2012)