A.   Residential Facilities Constructed On Site Or Manufactured Off Site: Residential facilities construction shall comply with all applicable regulations in effect in the city, be constructed on a legal lot in a zone which permits the residential facility, and obtain the appropriate building permit. A certificate of occupancy is required and will be issued upon finding that the residential facility has complied with the controlling regulations.

      1.   New On Site Residential Facility Construction: New construction of residential facilities on site shall meet the requirements of the international building code and be inspected by the building official.

      2.   New Off Site Constructed Residential Facilities:

         a.   New residential facilities constructed or manufactured off site in a "factory" must be certified to be in compliance with the international building code or the national manufactured housing construction and safety standards act of 1974 and bear the approved U.S. department of housing and urban development approved (HUD) insignia. The HUD insignia may not be removed from its original location on the structure, nor any unapproved modification made to the structure without approval of the city. Installation of an off site manufactured residential facility that is designed to meet international building code requirements shall be permanent and comply with international building code requirements for component assemblies. The installation shall be designed to meet seismic and wind load requirements. A copy of the calculations shall become part of the building permit application.

         b.   Installation of the off site manufactured residential facility constructed to meet HUD requirements and bearing the HUD insignia shall comply with the authorized "installation manual" which accompanies the unit from the factory. The installation shall be designed to meet seismic and wind load requirements. A copy of the calculations shall become part of the building permit application. The residential facility shall be permanently installed on an approved foundation which is constructed according to the HUD installation manual or the international building code.

   B.   Previously Used And Older Residential Facilities: Used off site constructed residential facilities, before being moved into the city or moved within the city, shall:

      1.   Provide a certification from a qualified licensed professional approved by the city that the structure was constructed to meet HUD requirements and retains the insignia of approval, has not been modified, or, if it has been modified, that such modification does not invalidate the original factory certification for its intended use.

      2.   Provide a certification from a qualified licensed professional approved by the city that the facility was constructed to meet international building code requirements and has not been modified, or, if it has been modified, that such modification does not invalidate the original approval of having been constructed to meet international building code requirements.

      3.   If a residential facility does not meet the above criteria and the building official is convinced that the plans for its installation in the city will bring it into full compliance with the international building code, said building official may approve the plans and allow the residential facility to be moved to its intended permanent legal location in the city.

   C.   Exterior Appearance Of Residential Facility 1 : Roof, exterior siding, dimensions and skirting or foundation of a residential facility shall meet the following standards:

      1.   Roofs shall have a minimum pitch of 2.5:12 over at least seventy five percent (75%) of the structure and have a surface of wood shakes, wood or composition asphalt mineral surface shingles, concrete, fiberglass or metal tiles, single ply, slate, built up gravel, or standing rib metal roofing. Roof overhangs must not be less than six inches (6"), including rain gutters which may account for up to four inches (4") of overhang measured from the vertical side of the dwelling.

      2.   Exterior siding materials shall consist of wood, masonry, concrete, stucco, "masonite", metal or vinyl clad lap, or any material with similar appearance which meets the international building code.

      3.   The minimum width of any dwelling shall be at least twenty two feet (22') at the narrowest point of the main floor at ground level for at least thirty two feet (32') measured at right angles to the width face, exclusive of garage area.

      4.   Skirting is required with materials which meet the international building code standards and is aesthetically consistent with concrete or masonry type foundation materials. A masonry foundation constructed in accordance with plans and specifications available, upon request, from the city is acceptable.

   D.   Storage Space Required For Residential Facilities: A residential facility must provide a minimum of seventy two (72) square feet of enclosed storage space with at least six feet (6') of clear height located within the residential facility, in the basement, in the garage area (supplemental to) or in an accessory storage structure on site which conforms to all applicable land use and building code regulations and requirements. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)

   A.   Operational Requirements:

      1.   An elderly residential facility may not operate as a business. An elderly residential facility 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.

      2.   An elderly residential facility shall:

         a.   Be owned by one of the residents or be a facility for which the title has been placed in trust for a resident;

         b.   Be consistent with existing, applicable land use ordinances affecting the desired location; and

         c.   Be occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement.

   B.   Land Use Provisions Governing Elderly Residential Facilities In Zoning Districts Where Residential Dwellings Are Allowed (Except Areas Zoned To Permit Exclusively Single- Family Dwellings):

      1.   Elderly residential facilities are permitted uses in the MU, R1-7, RM-7 and RM-20 zoning districts, subject to the regulations of this section. Permits for proposed elderly residential facilities shall be granted if the owners, operators or applicants comply with the following provisions:

         a.   The proposed facility must meet building, safety, land use and health ordinances applicable to similar dwellings;

         b.   Adequate off street parking must be provided;

         c.   The proposed facility must be capable of a use as an elderly residential facility without structural or landscaping alterations that would change the structure's residential character;

         d.   The proposed elderly residential facility shall not be located within three-fourths (3/4) mile of an existing elderly residential facility.

   C.   Land Use Provisions Governing Elderly Residential Facilities In Areas Zoned Exclusively For Single-Family Dwellings:

      1.   Elderly residential facilities are conditional uses in the R1-12 and R1-10 zoning districts, subject to the regulations of this section. In considering a conditional use application, the planning commission shall require that applicants for elderly residential facilities demonstrate compliance with the following provisions:

         a.   The proposed facility must meet building, safety, land use and health ordinances applicable to similar dwellings;

         b.   The proposed facility must be capable of a use as an elderly residential facility without structural or landscaping alterations that would change the structure's residential character;

         c.   The proposed facility must conform to all of the city ordinances governing the location of elderly residential facilities in areas zoned exclusively for single-family dwellings.

      2.   The requirement of this section that an elderly residential facility obtain a conditional use permit or other permit do not apply if the facility meets the requirements of the city ordinances that allow a specified number of unrelated persons to live together.

   D.   Additional Provisions Governing Elderly Residential Facilities:

      1.   The proposed elderly residential facility shall not house nor allow to be housed any person being treated for alcoholism or drug abuse;

      2.   Placement in any elderly residential facility shall be strictly on a voluntary basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.

      3.   The use granted by this section is nontransferable and terminates if the structure devoted to a use other than an elderly residential facility or if the structure fails to comply with ordinances under this section.

      4.   The city, nor any of its officers, agents, representatives or employees shall discriminate against elderly persons or against elderly residential facilities.

      5.   The decision regarding any application for an elderly residential facility shall be based upon legitimate land use criteria and may not be based upon the age of the facility's residents. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)

   A.   Operational Requirements:

      1.   A residential facility for persons with a disability shall:

         a.   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;

         b.   Be occupied on a twenty four (24) hour per day basis by eight (8) or fewer disabled persons in a family type arrangement under the supervision of a house family or manager;

         c.   Be operated by or operated under contract with either the state department of human services or the state department of health depending upon the licenses required for the programs or entities operating the proposed residential facility for persons with a disability; and

         d.   Shall not be located within three-fourths (3/4) mile of an existing residential facility for persons with a disability.

   B.   Additional Provisions Governing Residential Facilities For Persons With A Disability:

      1.   No person being treated for alcoholism or drug abuse shall be placed in a residential facility for persons with a disability.

      2.   No person who is violent shall be placed in a residential facility for persons with a disability.

      3.   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.

      4.   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.

      5.   The provisions of this section shall comply with Utah Code Annotated title 57, chapter 21, Utah fair housing act, and the federal housing amendments act of 1988, 42 USC section 3601 et seq. (Ord. 93-5, 7-6-1993, eff. 7-15-1993; amd. 2012 Code)