20-2 RESIDENTIAL FACILITIES FOR ELDERLY AND DISABLED PERSONS: Residential facilities for elderly persons

(1) A "residential facility for elderly persons" shall not include any facility: (a) operated as a business; provided, that such facility may not be considered to be operated as a business solely because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility; (b) where persons being treated for alcoholism or drug abuse are placed; (c) where placement is not on a strictly voluntary basis or where placement is part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution; (d) which is a health care facility as defined by section 26-21-2 of the Utah Code; or (e) which is a residential facility for persons with a disability. (2) “Elderly person” means a person 60 years or older who desires or needs to live with other elderly persons in a group setting but who is capable of living independently. (3) A residential facility for elderly persons shall: (a) meet all applicable building, safety, land use, and health ordinances applicable to similar dwellings; (b) be subject to the same minimum site development standards as those for a single-family dwelling or dwelling unit in the zone in which the facility is located; and (c) be capable of use as such facility without structural or landscaping alterations that would change the structure's residential character. (4) 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 the elderly, or if the structure fails to comply with the applicable health, safety, and building codes.