10-9a-519 - Elderly residential facilities in areas zoned exclusively for single-family dwellings. - Utah Statutes

10-9a-519. Elderly residential facilities in areas zoned exclusively for single-familydwellings.
(1) For purposes of this section:
(a) no person who is being treated for alcoholism or drug abuse may be placed in aresidential facility for elderly persons; and
(b) placement in a residential facility for elderly persons shall be on a strictly voluntarybasis and may not be a part of, or in lieu of, confinement, rehabilitation, or treatment in acorrectional institution.
(2) Subject to the granting of a conditional use permit, a residential facility for elderlypersons shall be allowed in any zone that is regulated to permit exclusively single-familydwelling use, if that facility:
(a) conforms to all applicable health, safety, land use, and building codes;
(b) is capable of use as a residential facility for elderly persons without structural orlandscaping alterations that would change the structure's residential character; and
(c) conforms to the municipality's criteria, adopted by ordinance, governing the locationof residential facilities for elderly persons in areas zoned to permit exclusively single-familydwellings.
(3) A municipality may, by ordinance, provide that no residential facility for elderlypersons be established within three-quarters mile of another existing residential facility forelderly persons or residential facility for persons with a disability.
(4) The use granted and permitted by this section is nontransferable and terminates if thestructure is devoted to a use other than as a residential facility for elderly persons or if thestructure fails to comply with applicable health, safety, and building codes.
(5) (a) Municipal ordinances shall prohibit discrimination against elderly persons andagainst residential facilities for elderly persons.
(b) The decision of a municipality regarding the application for a permit by a residentialfacility for elderly persons shall be based on legitimate land use criteria and may not be based onthe age of the facility's residents.
(6) The requirements of this section that a residential facility for elderly persons obtain aconditional use permit or other permit do not apply if the facility meets the requirements ofexisting land use ordinances that allow a specified number of unrelated persons to live together.

Amended by Chapter 378, 2010 General Session