Mount Pleasant City Zoning Code
10.36 Residential
Facilities for Elderly
10.36.010 WHERE PERMITTED.
Notwithstanding any other provision of this title to the contrary, residential facilities for the elderly, as defined in Utah Code Annotated section 10-9a-516 et seq., are a permitted use in any area where residential dwellings are allowed, except an area zoned to permit exclusively single-family dwellings.
10.36.020 PERMIT PROCESS.
Upon application for a permit to establish a residential facility for elderly persons, to obtain a permit for a residential facility for the elderly, it shall only be required that:
A. The facility meet all the applicable building, safety, zoning and health ordinances applicable to similar dwellings;
B. Adequate off street parking space be provided;
C. The facility be capable of use as a residential facility for elderly persons without structural alterations that would change the structure’s residential character;
D. No residential facility for elderly persons be established within three-fourths (3/4) mile of another residential facility for elderly persons or residential facility for persons with a disability, as defined by Utah Code Annotated section 10-9a-520;
E. No person being treated for alcoholism or drug abuse be placed in a residential facility for elderly persons; and
F. Placement in a residential facility for elderly persons be on a strictly voluntary basis and not part of, or in lieu of confinement, rehabilitation or treatment in a correctional facility.
10.36.030 EXTENT PERMITTED IN AREAS ZONED EXCLUSIVELY FOR SINGLE-FAMILY DWELLING USE.
Subject to the granting of a conditional use permit, a residential facility for elderly persons shall be allowed in any municipal zoning district that is zoned to permit exclusively single-family dwelling use, if that facility:
A. Conforms to the requirements of MPMC 10.36.020; and
B. Conforms to other criteria adopted by ordinance, if any, governing the location of residential facilities for elderly persons in area zoned to permit exclusively single-family dwellings.
10.36.040 PERMIT NONTRANSFERABLE AND TERMINABLE.
The uses granted and permitted by this chapter are nontransferable and terminate if the structure is devoted to a use other than a residential facility for elderly persons or if the structure fails to comply with one or more of the requirements of MPMC 10.36.020 in the case of facilities in areas not zoned exclusively for single-family dwellings, or if the structure fails to comply with one or more of the requirements in MPMC 10.36.030 in the case of facilities in areas zoned exclusively for single-family dwellings, or with other applicable health, safety and building codes.
10.36.050 DISCRIMINATION PROHIBITED.
Discrimination against elderly persons and against residential facilities for elderly persons is prohibited. The decision to grant or deny a permit to 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.
10.36.060 CIRCUMSTANCES WHERE CONDITIONAL USE PERMIT NOT REQUIRED.
The requirements of MPMC 10.36.030 that a residential facility for elderly persons obtain a conditional use permit in areas zoned to permit exclusively single-family dwellings do not apply if the facility meets the requirements of other zoning ordinances that allow a specified number of unrelated persons to live together.