The purpose of this Chapter is to comply with Utah Code § 10-9a-516 (1953 as amended), to avoid discrimination in housing against persons with disabilities pursuant to the Utah Fair Housing Act and the Federal Fair Housing Act, to provide housing opportunities for elderly persons in need of continuous care, and to provide housing opportunities for persons with unique medical needs.

This Chapter is intended to be in addition to and not replace any other zoning regulations of the Payson City Code. All applicable use, density and configuration requirements shall apply to special needs housing. If any facility, residence, congregate living or other housing arrangement satisfies the definition of Special Needs Housing as described in this Chapter, the requirements of this Chapter shall govern. The provision herein may be more stringent than the fundamental stipulations of Utah Code and unless superseded by local, state or federal law shall apply to all Special Needs Housing. However, the regulations of this Chapter shall not be construed to prohibit or limit other applicable provisions of this Title, the Payson City Code, or other local, state or federal law.

The following definitions are unique to this Chapter and shall be limited to the provisions of this Chapter. If a word or phrase is not defined in this Section, the word or phrase shall have the meaning defined in PCC 13.04 or the most common meaning listed in the latest version of the Webster’s New World Dictionary.

ASSISTED LIVING CENTER. A long-term care facility licensed by the State that offers twenty-four (24) hour room and board and health care services including basic nursing care, rehabilitation, and other similar therapies, treatments and programs.

CONVALESCENT CENTER. A long-term care facility licensed by the State that offers twenty-four (24) hour room and board and health care services including extensive medical care and other similar therapies, treatments and programs to elderly persons.

CONTINUING CARE FACILITY. A facility intended to provide short-term medical assistance for a patient that may be discharged from a hospital, but is still in need of regular medical attention.

EXTENDED CARE FACILITY. A facility intended to provide long-term medical assistance for a patient that may be discharged from a hospital, but is in need ongoing medical attention. Extended care is not defined as permanent residence and a specific length of stay should be indicated by the medical provider.

FOSTER-CARE HOME. A dwelling unit wherein room, board, care and supervision are provided by the resident family under the approval and supervision of the State Division of Social Services or other placement agency licensed by the state to provide for children who are unrelated to the resident.

LONG TERM CARE FACILITY. A generic term intended to encapsulate the following definitions included in this Section: Assisted Living Centers, Convalescent Centers, Nursing Homes or Rest Homes.

NURSING HOME OR REST HOME. A long-term care facility licensed by the State that offers twenty-four (24) hour room and board and health care services including intermediate and skilled nursing care, rehabilitation, and other similar therapies, treatments and programs.

RESIDENTIAL FACILITY FOR ELDERLY PERSONS. A single-family or multi-family dwelling unit that meets the requirements of Utah Code § 10-9a-516 (1953 as amended) and does not include a health care facility as defined by State Law.

RESIDENTIAL FACILITY FOR PERSONS WITH A DISABILITY. A dwelling unit or residence in which more than one person with a disability resides, conforms to the regulations of Utah Code § 10-9a-516 (1953 as amended), and is licensed or certified by:

1. The Utah Department of Human Services under Utah Code 62A-2, Licensure of Programs and Facilities; or
2. The Utah Department of Health under Utah Code 26-21, Health Care Facility Licensing and Inspection Act.

RETIRED PERSON (ELDERLY PERSON). A retired person (elderly person) is a person that is no longer receiving compensation for work completed in behalf of an employer. A retired person (elderly person) shall be a person of sixty (60) years of age or older as defined in Utah Code § 62A-3-101(2) (1953 as amended).

SKILLED NURSING FACILITY. An establishment that houses chronically ill (not to include mental illnesses) patients and provides long-term nursing care, rehabilitation, and other services.

Residential facilities for persons with a disability are allowed only in the zoning districts listed in PCC 13.42.100. All residential facilities for persons with a disability shall satisfy all regulations of Utah Code § 10-9a-516 (1953 as amended) and the following:

1. Each residential facility for persons with a disability shall be required to obtain all permits, satisfy all building and fire codes and satisfy all health regulations as any other structure in the same zoning district.
2. The exterior appearance of a residential facility for persons with a disability will not be allowed if the structure is modified or constructed in a manner that alters the residential character of the neighborhood.
3. Each facility shall satisfy all regulations of the underlying zone and the development standards listed in PCC 13.42.080.

Residential facilities for elderly persons are allowed only in the zoning districts listed in PCC 13.42.100. All residential facilities for elderly persons shall satisfy all regulations of Utah Code § 10-9a-516 (1953 as amended) and the following:

1. Each residential facility for elderly persons shall be required to obtain all permits, satisfy all building and fire codes and satisfy all health regulations as any other structure in the same zoning district.
2. The exterior appearance of a residential facility for elderly persons will not be allowed if the structure is modified or constructed in a manner that alters the residential character of the neighborhood.
3. Each residential facility for elderly persons shall satisfy all regulations of the underlying zone and the development standards listed in PCC 13.42.080.

None of the requirements of this Chapter shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a residential facility for elderly persons or persons with a disability.

The following list represents the zones where the land uses regulated by this Chapter are allowed. The type of approval required is also indicated in the list. Conditional uses will be processed in accordance with PCC 13.28.

Each Long Term Care Facility shall be classified in accordance with the definitions included in PCC 13.42.030. It is the responsibility of the applicant to demonstrate the type of facility, assurances that the classification will not be altered and to produce and maintain all licenses and permits to operate the facility.

Long Term Care Facilities are allowed only in the zoning districts listed in PCC 13.42.100. All Long Term Care Facilities shall satisfy all regulations of the underlying zone, PCC 13.42.080 and the following:

1. All patrons shall satisfy the definitions of this Chapter and Utah Code.
2. Requests for approval of a Long Term Care Facilities shall be processed as a conditional use and comply with the provisions of this Section, PCC 13.42.080 and any other applicable regulation found in the development ordinances of Payson City, specifically PCC 13.28. The provisions of this Section, PCC 13.42.080 and PCC 13.28 are hereby established as the criteria for the imposition of conditions by the City Council.
3. An applicant may seek approval to operate more than one type of Long Term Care Facility in a single location (i.e. a combination of one or more of the following: Assisted Living Centers, Convalescent Centers, Nursing Homes or Rest Homes and Skilled Nursing Facilities). The City Council is under no obligation to approve the operation of more than one type of Long Term Care Facility in a single location.
4. The minimum setback, lot area, and frontage requirements of the underlying zone may be modified to accommodate the allowable density. Furthermore, multiple structures may be allowed on a single parcel of land.

The following uses, and no others, are allowed in conjunction with Long Term Care Facilities:

1. Lodging accommodations for residents, supervisory, security and counseling staff
2. Areas for preparation and serving of meals
3. Areas to satisfy the recreational needs of the residents
4. Office space for supervisory, security and counseling staff
5. Medical and therapy equipment, supplies and facilities consistent with the licensure of the applicant

Any use of a Long Term Care Facility for a purpose other than defined herein may result in revocation of the Conditional Use Permit needed to operate a Long Term Care Facility.

Long Term Care Facilities shall be calculated as Equivalent Residential Units (ERU’s). The number of ERU’s shall be calculated using the following criteria: Number Of Beds Allowed In Non-Residential Zones. The number of beds allowed in a Long Term Care Facility in non-residential zones is calculated by multiplying thirty (30) beds by the number of acres in the project. For instance, if there are three (3) acres in the project, the applicant may be allowed to have ninety (90) beds in the Long Term Care Facility. For the purposes of this Section, the number of units per acre shall be calculated using net acreage exclusive of roadway improvements. The calculation is completed for each bed, not each bedroom because there may be more than one bed in a bedroom. The number of beds allowed includes any supervisory, security or counseling staff that reside at the center. Infrastructure Considerations. An applicant seeking approval of a Long Term Care Facility shall provide information about the utility service demands of the facility to the City Engineer for review. If it is determined that the Long Term Care Facility will place inordinate demand on public infrastructure, the applicant will be required to upgrade the infrastructure to mitigate the impact and restore the service level consistent with the underlying zone.

Each Continuing Care and Extended Care Facility shall be classified in accordance with the definitions included in PCC 13.42.030. It is the responsibility of the applicant to demonstrate the type of facility, assurances that the classification will not be altered and to produce and maintain all licenses and permits to operate the facility.

Continuing Care and Extended Care Facilities are allowed only in the zoning districts listed in PCC 13.42.100. All Continuing Care and Extended Care Facilities shall satisfy all regulations of the underlying zone, PCC 13.42.080 and the following:

1. All patrons shall be under the care of a licensed physician and residing at the Continuing Care or Extended Care Facility in order to receive continuing medical treatment.
2. Treatment for drug and/or alcohol abuse, mental illness, or anger management is not allowed in a Continuing Care or Extended Care Facility.
3. Requests for approval of a Continuing Care or Extended Care Facility shall be processed as a conditional use and comply with the provisions of this Section, PCC 13.42.080 and any other applicable regulation found in the development ordinances of Payson City, specifically PCC 13.28. The provisions of this Section, PCC 13.42.080 and PCC 13.28 are hereby established as the criteria for the imposition of conditions by the City Council.

The following uses, and no others, are allowed in conjunction with a Continuing Care or Extended Care Facility:

1. Lodging accommodations for patrons, nursing and medical staff
2. Areas for preparation and serving of meals
3. Areas to satisfy the rehabilitation needs of the patrons
4. Office space for nursing and medical staff
5. Medical and therapy equipment, supplies and facilities consistent with the licensure of the applicant

Any use of a Continuing Care or Extended Care Facility for a purpose other than defined herein may result in revocation of the Conditional Use Permit needed to operate a Continuing Care or Extended Care Facility.

Each Continuing Care or Extended Care Facility shall satisfy the density provisions of the underlying zone. Due to the nature of Continuing Care and Extended Care Facilities, density shall be calculated as Equivalent Residential Units (ERU’s). The number of ERU’s shall be calculated using the two following (2) criteria: Number Of Beds Allowed In Residential Zones. With the supposition that there are approximately three (3) bedrooms per household the number of beds allowed in a Continuing Care or Extended Care Facility is calculated by multiplying the number of units allowed per acres in the underlying zone by three (3). For instance, if there are three (3) units per acre allowed in the underlying zone, the Continuing Care or Extended Care Facility would be allowed nine (9) beds per acre. For the purposes of this Section, the number of units per acre shall be calculated using net acreage exclusive of roadway improvements. The calculation is completed for each bed, not each bedroom because there may be more than one bed in a bedroom. The number of beds allowed includes any nursing or medical staff that reside at the facility. Number Of Beds Allowed In Non-Residential Zones. The number of beds allowed in a Continuing Care or Extended Care Facility in non-residential zones is calculated by multiplying twenty (20) beds by the number of acres in the project. For instance, if there are three (3) acres in the project, the applicant may be allowed to have sixty (60) beds in the Continuing Care or Extended Care Facility. For the purposes of this Section, the number of units per acre shall be calculated using net acreage exclusive of roadway improvements. The calculation is completed for each bed, not each bedroom because there may be more than one bed in a bedroom. The number of beds allowed includes any supervisory, security or counseling staff that reside at the center. Infrastructure Considerations. An applicant seeking approval of a Continuing Care or Extended Care Facility shall provide information about the utility service demands of the facility to the City Engineer for review. If it is determined that the Continuing Care or Extended Care Facility will place an inordinate demand on public infrastructure, the applicant shall be required to upgrade the infrastructure in a manner that will mitigate the impact and restore the service level consistent with the underlying zone.

All special needs housing shall comply with any building, fire, safety, and health regulations applicable to similar structures, specifically to include the following:

1. Each facility shall be subject to the same development standards applicable to similar structures located in the same zoning district in which the facility is located.
2. The minimum number of parking spaces required for a facility shall be the same as for similar structures located in the same zoning district in which the facility is located and consistent with PCC 13.10.

A facility permitted by this Chapter shall not be made available to an individual:

1. who would constitute a direct threat to the health or safety of another individual.
2. who has a history of physical damage to property or others.
3. who is subject to incarceration, confinement, or placed in the facility on an involuntary basis.

Prior to occupancy of any facility, the person or entity operating the facility shall:

1. Provide to Payson City a copy of any license or certification required by the Utah State Department of Health or the Utah Department of Human Services.
2. Certify in a sworn statement that the facility will be operated in a manner consistent with the request of the applicant.

Each special needs housing facility shall be designed to be in harmony with surrounding uses. The following design criteria apply specifically to each facility:

1. A facility that is located in an area that includes primarily single story dwellings above grade, the center may be confined to a single story above grade.
2. The City may require specific design elements be incorporated into the project to maintain the fundamental character of the neighborhood.
3. The massing of the facility shall be compatible with other structures in the vicinity. Therefore, in some instances the facility may designed to be a single large structure, and in other instances the center will need to be several smaller structures.
4. The kitchen and dining area of the facility shall not be less than twenty-five (25) percent of the finished square footage or greater than fifty (50) percent of the finished square footage of the structure.