The purpose of this chapter is to:

1. Comply with Utah Code Annotated, 1953, as it pertains to residential facilities for the elderly.
2. Establish criteria for reviewing a proposal to construct a residential facility for the elderly within the city, such criteria being legitimate land use criteria and not predicated upon the age of persons to be housed or utilizing such residential facilities.
3. Implement standards and provisions which prohibit discrimination against elderly persons and against residential facilities for the elderly. (Ord. 07-02-2010, 7-21-2010)
   

A residential facility for elderly persons may not operate as a business. A residential facility for elderly persons 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. A residential facility must 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. (Ord. 07-02-2010, 7-21-2010)

A residential facility for elderly persons shall comply with the following criteria:

1. Occupancy:
   1. No person who is being treated for alcoholism or drug abuse may be placed in a residential facility for elderly persons.
   2. Occupants placed in a residential facility for elderly persons shall be on a strictly voluntary basis and may not be a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution.
   3. A facility may house up to four (4) unrelated persons without having to obtain a conditional use permit. This number does not include any caregiver or provider associated with the facility or who may frequent the facility.
   4. The facility must be occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement.
2. Zoning: Residential facilities for the elderly are a permitted use in all strictly single-family residential zones of the city, including those residential zones located in the core area of the city.
3. Proximity To Other Facilities: A residential facility for the elderly may not be located closer than five hundred feet (500') to another such facility.
4. Parking:
   1. Those facilities having four (4) or fewer full time occupants shall provide four (4) off street parking stalls. These stalls may be tandem stalls (i.e., driveway/garage style) consistent with surrounding single-family properties.
   2. Those facilities having more than four (4) full time occupants shall provide 1.5 parking stalls per two (2) full time occupants plus one on site staff member during the highest shift. Such parking must comply with the standards of SCC 10.48, "Parking And Circulation Standards".
5. Landscaping: All facilities shall provide and maintain completely landscaped front, side and rear yard areas in accordance with the city's landscaping standards as found in this code.
6. Building Permit: A building permit shall be obtained for any internal or external construction work for a facility, as required by city building codes.
7. Use Termination: The use granted and permitted by this section is nontransferable and terminates if the structure is devoted to a use other than as a residential facility for elderly persons or if the structure fails to comply with applicable health, safety, and building codes. (Ord. 07-02-2010, 7-21-2010)
   

1. New facilities for four (4) or less occupants: A building permit shall be obtained and site plan reviewed by the community development director for compliance with the above standards. If the director determines the proposal warrants conditional use review the application will be forwarded to the planning commission for such review. The application may also be referred to the city architectural review committee if the director determines a proposed building exterior is not consistent with or complementary to surrounding single-family properties.
2. Retrofit of existing residential dwelling to house up to four (4) occupants: All facilities shall obtain a building permit for any internal or external alterations of an existing structure, as required by city building codes. Site plan review shall be conducted by the community development director. External alterations which are not consistent with or complementary to surrounding single-family properties must be reviewed by the city's architectural review committee.
3. New facilities for more than four (4) occupants: Applications for facilities to house more than four (4) occupants are required to obtain a conditional use permit from the planning commission. Building and site plans shall be reviewed under the city's site plan review process. Building elevations shall also be reviewed by the architectural committee for compatibility with surrounding properties and residential structures. (Ord. 07-02-2010, 7-21-2010)