A residential facility for elderly persons, hereafter referred to as "facility," must meet the following criteria:

1. It shall be 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. It shall be consistent with existing zoning of the desired location;
3. It shall be occupied on a twenty-four (24) hour-per-day basis by eight or fewer elderly persons in a family-type arrangement; and
4. It may not be operated as a business, except it 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. 990301 § 1(q) (part), 1999: ZO § 28-1)

Residential facilities for elderly persons shall be a permitted use in all zones, except for zones designated as exclusively for single-family dwellings, in which zones it will be a conditional use. However, no facility shall be allowed until the following requirements are met:

1. All applicable building, safety, zoning and health ordinances applicable to similar dwellings are met;
2. Adequate off-street parking space is provided;
3. Use of the facility as a residential facility for elderly persons is possible without structural or landscaping alterations that would change the structure's residential character;
4. No other residential facility for elderly persons or residential facility for persons with a disability, as defined by Section 10-9-605, Utah Code, as amended, shall be located within three-quarters of a mile of the proposed facility;
5. No person being treated for alcoholism or drug abuse shall reside in the proposed facility;
6. No persons may be placed in the facility on any basis except a voluntary basis, and no person may be placed in the facility as part of or in lieu of confinement, rehabilitation, or treatment in a correctional facility.

(Ord. 990301 § 1(q) (part), 1999: ZO § 28-2)

Once the requirements set out in Section 17.108.020 have been met, the use will be allowed, which use is nontransferable and terminates if the structures devoted to a use other than as a residential facility for elderly persons or if the structure fails at any time to comply with the requirements set out in Section 17.108.020.

(Ord. 990301 § 1(q) (part), 1999: ZO § 28-3)

Discrimination against elderly persons or against residential facilities for elderly persons is prohibited.

(Ord. 990301 § 1(q) (part), 1999: ZO § 28-4)

The decision of Salina City regarding an application for a permit by a residential facility for elderly persons must be based on legitimate land use criteria and not on the age of the facility's residents.

(Ord. 990301 § 1(q) (part), 1999: ZO § 28-5)