ELDERLY RESIDENTIAL FACILITY: A residential dwelling which is 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 the benefit of one of the residents; and which is occupied on a twenty four (24) hour basis by up to eight (8) adult persons in a family type arrangement. An "elderly person" means a person over the age of sixty (60). Elderly residential facility does not include a healthcare facility as defined by this title or in section 26-21-2 Utah Code Annotated (1953) or its successor statute. (Ord. 07-30 § 2)

A residential facility for elderly persons is a permitted use in any multi-family residential zone district and shall be approved if the facility meets the requirements of this chapter. (Ord. 07-30 § 2)

A residential facility for elderly persons is a conditional use in all single-family residential dwelling zone districts. The facility shall meet the requirements of this chapter, together with the conditions which the planning commission may impose pursuant to title 10, chapter 9, part 5 of the Utah Code Annotated (1953). (Ord. 07-30 § 2)

An elderly residential facility in a multi-family residential zone is subject to the following requirements and all other provisions of this chapter:

   A.   The dwelling must meet all applicable building, safety, zoning, and health ordinances or regulations which apply to similar dwellings.

   B.   Off street parking must provide a minimum of two (2) spaces, plus one-half (1/2) space per occupant.

   C.   Structural or landscaping alterations to an existing dwelling which would change the residential character and appearance of the property are not allowed. New dwellings shall be compatible in general appearance and design with dwellings in the surrounding neighborhood and must be approved as part of the site plan or conditional use application process.

   D.   Persons being treated for alcoholism or drug abuse may not be placed in a facility permitted under this chapter.

   E.   Placement in a facility permitted under this chapter shall be on a strictly voluntary basis and shall not be a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional or rehabilitation facility.

   F.   Facilities permitted under this chapter must meet all applicable state licensing regulations, and failure to meet these regulations shall be a violation of this chapter.

   G.   An elderly residential facility may not be located within two thousand feet (2,000') of another elderly residential facility, which distance shall be measured in a straight line from property line to property line. (Ord. 07-30 § 2)

   A.   An elderly residential facility in a single-family residential zone is subject to the following requirements and all other provisions of this chapter:

      1.   The dwelling must meet all applicable building, safety, zoning, and health ordinances or regulations which apply to similar dwellings.

      2.   Off street parking must provide a minimum of two (2) spaces, plus one-half (1/2) space per occupant.

      3.   Structural or landscaping alterations to an existing dwelling which would change the residential character and appearance of the property are not allowed. New dwellings shall be compatible in general appearance and design with single-family dwellings in the surrounding neighborhood and must be approved as part of the site plan or conditional use application process.

      4.   Persons being treated for alcoholism or drug abuse may not be placed in a facility permitted under this chapter.

      5.   Placement in a facility permitted under this chapter shall be on a strictly voluntary basis and shall not be a part of, or in lieu of, confinement, rehabilitation or treatment in a correctional or rehabilitation facility.

      6.   Facilities permitted under this chapter must meet all applicable state licensing regulations, and failure to meet these regulations shall be a violation of this chapter, and shall be grounds for denial or revocation of a conditional use permit.

      7.   An elderly residential facility may not be located within two thousand feet (2,000') of another elderly residential facility, which distance shall be measured in a straight line from property line to property line.

      8.   An elderly residential facility must have a ratio of not less than one full bath, or its equivalent, for every three (3) occupants. For purposes of this section, a "full bath" means a lavatory, water closet, and either a bathtub or shower.

      9.   Bedrooms in an elderly residential facility must have, exclusive of closet space, a minimum of one hundred (100) square feet of bedroom space per single resident room, and eighty (80) square feet for each resident in a multiresident room.

   B.   If an elderly residential facility which is subject to conditional use permit approval meets all of the requirements of this chapter, and if the applicant agrees to meet any additional conditions which are imposed by the planning commission pursuant to section 17.32.030 of this chapter, the conditional use permit shall be approved. (Ord. 07-30 § 2)

The use permitted or granted under this chapter is nontransferable and shall terminate if the use is abandoned, as provided in chapter 17.52 of this title; the use permit may be revoked for a violation of its terms or the provisions of this chapter. (Ord. 07-30 § 2)

Discrimination against elderly persons and against residential facilities for elderly persons is prohibited. All decisions regarding an application for a residential facility for elderly persons must be based on legitimate land use criteria and an application may not be denied based on the age of the facility's residents. (Ord. 07-30 § 2)

Before February 1 of every year, the owner of a residential facility for elderly persons in a single-family residential zone which has been approved for use as an elderly residential facility under this chapter shall provide written evidence to the satisfaction of the city's community development division that the property use complies with this title. (Ord. 07-30 § 2)