1. A residential facility for elderly persons may not operate as a business.
2. A residential facility for elderly persons shall be:
   1. 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;
   2. consistent with any provision of this title affecting the desired location; and
   3. occupied on a 24-hour-per-day basis by eight or fewer elderly persons in a family-type arrangement.
3. A residential facility for elderly persons may not be considered a business because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility.

(Ord. 13-2007B, Add, 09/25/2007)

1. A residential facility for elderly persons is a permitted use in any area where residential dwellings are allowed, except an area zoned to permit exclusively single-family dwellings.
2. Notwithstanding other provisions in this chapter, the requirements for an application regarding an elderly residential facility be only that:
   1. the facility meet each building, safety, land use, and health ordinance applicable to similar dwellings;
   2. adequate off-street parking space be provided;
   3. the facility be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character;
   4. residential facilities for elderly persons be reasonably dispersed throughout the County;
   5. no person being treated for alcoholism or drug abuse be placed in a residential facility for elderly persons; and
   6. placement in a residential facility for elderly persons be on a strictly voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.

(Ord. 13-2007B, Add, 09/25/2007)

1. Upon application for a permit to establish a residential facility for elderly persons in any area where residential dwellings are allowed, except an area zoned to permit exclusively single-family dwellings, the requested permit shall be approved and issued to the facility if the proposed facility:
   1. is outside of a zone regulated exclusively for single-family homes; and
   2. shall otherwise comply with Section 15.20.604 if the facility is proposed in a land use zone regulated exclusively for single-family homes.
2. The use granted and permitted by this section is nontransferable and shall terminate if:
   1. the structure is devoted to a use other than a residential facility for elderly persons; or
   2. the structure fails to comply with this chapter.

(Ord. 13-2007B, Add, 09/25/2007)

1. For purposes of this article:
   1. no person who is being treated for alcoholism or drug abuse may be placed in a residential facility for elderly persons; and
   2. placement in a residential facility for elderly persons shall be on a strictly voluntary basis and may not be a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution.
2. Subject to the granting of a conditional use permit, a residential facility for elderly persons shall be allowed in any zone that is regulated to permit exclusively single-family dwelling use, if that facility:
   1. conforms to all applicable health, safety, land use, and building codes;
   2. is capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character; and
   3. conforms to the criteria set forth in this governing the location of residential facilities for elderly persons in areas zoned to permit exclusively single-family dwellings.
3. No residential facility for elderly persons may be established within three-quarters of a mile of another existing residential facility for elderly persons or residential facility for persons with a disability.
4. The use granted and permitted by this section is nontransferable and terminates if:
   1. the structure is devoted to a use other than as a residential facility for elderly persons; or
   2. the structure fails to comply with applicable health, safety, and building codes.
5. Discrimination against elderly persons and against residential facilities for elderly persons is prohibited.
6. The decision regarding the application for a permit by a residential facility for elderly persons must be based on legitimate land use criteria and may not be based on the age of the facility's residents.
7. The requirements of this chapter that a residential facility for elderly persons obtain a conditional use permit or other permit do not apply if the facility meets the requirements of any section of this chapter that allows a specified number of unrelated persons to live together.

(Ord. 13-2007B, Add, 09/25/2007)

1. It is the intent of this chapter that:
   1. this chapter complies with Title 57, Chapter 21, Utah Fair Housing Act, and the Federal Fair Housing Amendments Act of 1988, 42 U.S.C Sec. 3601 et seq.; and
   2. to the extent required by Federal law, provide that a residential facility for persons with a disability is a permitted use in any zone where similar residential dwellings that are not residential facilities for persons with a disability are allowed.
2. Residential facilities for persons with a disability shall be:
   1. reasonably dispersed throughout the County; and
   2. limited by number of occupants;
3. If a residential facility for persons with a disability are substance abuse facilities and are located within 500 feet of a school, the facility shall provide, in accordance with rules established by the Utah Department of Human Services, under Title 62A, Chapter 2, Licensure of Programs and Facilities:
   1. a security plan satisfactory to local law enforcement authorities;
   2. 24-hour supervision for residents; and
   3. other 24-hour security measures.
4. A residential facility for persons with a disability shall obtain permits that verify compliance with the same building, safety, and health regulations as are applicable in the same zone to similar uses that are not residential facilities for persons with a disability.
5. A residential facility for persons with a disability that would likely create a fundamental change in the character of a residential neighborhood may be excluded from a zone.
6. The responsibility to license programs or entities that operate facilities for persons with a disability, as well as to require and monitor the provision of adequate services to persons residing in those facilities, shall rest with the Department of Human Services for programs or entities licensed or certified by the Department of Human Services, as provided in Title 62A, Chapter 5, Services to People with Disabilities and under Title 26, Chapter 21, Health Care Facility Licensing and Inspection Act.

(Ord. 13-2007B, Add, 09/25/2007)