ELDERLY PERSON: A person who is sixty (60) years of age or older who desires or needs to live with other elderly persons in a group setting but who is capable of living independently.

RESIDENTIAL FACILITY FOR ELDERLY PERSONS: A single-family or a multiple-family dwelling unit that is not operated as a business, and that is owned by one of the residents or by an immediate family member of one of the residents, or shall be a facility for which the title has been placed in trust for a resident; and the facility shall be consistent with the existing zoning of applicable land use ordinances for the desired location, and shall be occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement.

1. A residential facility for elderly persons shall 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. A residential facility for elderly persons shall be allowed as a permitted use in any zone where residential dwellings are allowed, except in areas zoned to permit exclusively single-family dwellings, as specified in SMC 17.120 "use matrix table" of this title where they shall be allowed as a conditional use, with a conditional use permit. All persons or entities desiring to establish a residential facility for elderly persons shall first make application to the planning commission either for a conditional use permit as authorized under SMC 17.32 of this title or for a residential facility for elderly persons permit in areas where the facility is allowed as a permitted use. In zones where a conditional use permit is required, the right to establish a residential facility for elderly persons is subject to the granting of a conditional use permit and complying with all requirements and procedures of SMC 17.32 of this title in addition to the requirements listed below. In zones where a residential facility for elderly persons is allowed as a permitted use, the permit shall be granted by the planning commission when compliance with the following requirements is established:
   1. Requirements: Residential facilities for elderly persons shall comply with all requirements of Utah Code Annotated section 10-9a-516 and 10-9a-520, and also acknowledge and comply with the following requirements:
      1. The facility shall meet all applicable building codes, safety codes, zoning (land use) regulations, the Americans with disabilities act, and health ordinances applicable to single-family or similar dwellings; except as may be modified by the provisions of this chapter.
      2. No facility shall be made available to an individual who has demonstrated, by prior behavior, actions and/or criminal convictions, or as a resident, that he or she:
         1. May be determined to be or does constitute a direct threat to the health or safety of other individuals; or
         2. Has or may engage in conduct resulting in substantial physical damage to the property of others.
      3. Minimum site development standards shall meet the provisions of the zone in which the facility is located and of SMC 17.94.040 of this chapter, except as may be modified by the provisions of this chapter.
      4. The facility shall be capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character.
      5. In cases where the facility will occupy an existing residential building, the facility shall be capable of being used as a residential facility for residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character.
      6. No residential facility for elderly persons in areas zoned exclusively for single-family dwellings shall be established or maintained within three-fourths (³/₄) mile of another existing residential facility for elderly persons or residential facility for persons with a disability, with the distance to be measured in a straight line between the closest property lines of the lots or parcels on which such existing and proposed facilities are or are to be located.
      7. No person being treated for alcoholism or drug abuse shall be placed in a residential facility for elderly persons.
      8. Placement in a residential facility for elderly persons shall be on a strictly voluntary basis and not a part of or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.
      9. Any permit granted or issued pursuant to this chapter 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 should cease or fail to comply with the provisions of state law or of this chapter.
   2. Prior To Occupancy: Prior to occupancy of the facility, the person or entity licensed or certified by the department of human services and/or the department of health to establish and operate the facility shall:
      1. Provide a certified copy of such license to the city recorder and maintain said license in full force and effect at all times;
      2. Submit, obtain and maintain an annual facility operation permit on forms provided by the city;
      3. Certify in a sworn affidavit submitted with the annual facility operation permit application, compliance with the Americans with disabilities act;
      4. Certify, in a sworn affidavit submitted with the annual facility operation permit application, that no person will be placed or remain in the facility whose prior or current behavior, actions and/or criminal incidents or convictions, have demonstrated that such person is or may be a direct threat to the health or safety of other individuals, or whose said behavior, actions and/or incidents or convictions have resulted in or may result in substantial physical damage to the property of others; and such a sworn statement shall be resubmitted to the city recorder on each sixth month anniversary after the issuance of the annual facility operation permit required to operate said facility, the intent being that there be such a sworn affidavit on file with the city recorder that is no older than six (6) months;
      5. Any annual facility operation permit may be revoked and any application denied, by reason of the failure of the applicant/licensee to comply with the provisions of this chapter, or any other applicable statute, law, ordinance, rule or regulation, by following the procedures set forth in SMC 5.0.165 of this code, and as it may be amended;
      6. Obtain and maintain the liability insurance required by the department of human services, the department of health or as is standard in the industry, in the event neither state agency requires that such insurance be obtained and maintained.
   3. Appeal: Any person or entity adversely affected by a final decision of the land use authority regarding a request or application for a residential facility for elderly persons may appeal that decision to the appeal authority as provided in SMC 17.10 of this title.

In order for new construction to reflect the design and character of the existing neighborhood the following standards shall be met:

1. The roof design of the proposed structure or remodel roof shall be a pitched roof of the same slope as the most common roof slope of the homes on the side of the block on which the proposed building is located; and
2. The type of exterior materials shall be of traditional home finishing materials of brick, siding, or stucco. The use of these materials shall be applied in such a manner as to blend in with the neighborhood where the building is located and not draw undue attention to the building because of the materials, their color and combination being uncharacteristic of the other buildings in the neighborhood.