4-24 Elderly Residential Facilities

A. Permitted Use - Multiple Family Zone - A residential facility for elderly persons is a permitted use in any area where residential dwellings are allowed, except an area zoned to permit exclusively single-family dwellings. Prior to establishing a residential facility for elderly persons, a permit must be obtained by application to the Planning Commission and thereafter to the City Council which shall be issued if the applicant can show that: 1. the facility meets all Kanab City building, safety, zoning and health ordinances applicable to similar dwellings; 2. adequate off-street parking space is provided; 3. the facility is capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character; 4. no person being treated for alcoholism or drug abuse may be placed in the residential facility for elderly persons; 5. Placement in the 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. 6. Upon application for a permit to establish a residential facility for elderly persons in any area where residential dwellings are allowed, except an area zoned to permit exclusively single-family dwellings, a facility that conforms to these ordinances shall be granted a permit. If the Planning Commission and City Council determine that the residential facility for elderly persons is in compliance with those ordinances, the City shall grant the requested permit to that facility. 7. The use granted and permitted by this subsection 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 the City ordinances. B. Conditional Use - Single-Family Zones - Subject to the granting of a conditional use permit, a residential facility for elderly persons shall be allowed in any municipal zoning district which is zoned to permit exclusively single-family dwelling use, if that facility: 1. conforms to all applicable health, safety, zoning, and building codes; 2. is capable of use as a residential facility for elderly persons without structural or landscaping alterations that would change the structure's residential character; 3. Conforms to Kanab City's criteria adopted by ordinance, governing the location of residential facilities for elderly persons in areas zoned to permit exclusively singlefamily dwellings. 4. no person being treated for alcoholism or drug abuse may be place in the residential facility for elderly persons; 5. placement in the 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; 6. Meets requirements in Chapter 8 of this ordinance. The use granted and permitted by this subsection 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. C. Discrimination – Discrimination against elderly persons and against residential facilities for elderly persons is prohibited. The decision of Kanab City regarding the application for a permit by a residential facility for elderly persons must be based on legitimate land use criteria, and may not be based on the age of the facility's residents. D. Other Permitted Uses Not Limited - The requirements of this section that a residential facility for elderly persons obtain a conditional use permit or other permit do not apply if the facility meets existing zoning ordinances that allow a specified number of unrelated persons to live together.