20-2 Residential facilities for elderly persons
Unofficial copy. It may be out of date. Not legal or zoning advice. Zoning rules change, and only the city or county can say for sure what is allowed on a property. Confirm with the city or county planning department before you buy, sign or build.
The official Tooele County code is at https://www.tooeleco.gov/departments/development/land_use_ordinance.php.
Text pulled 2026-10-19 from this source.
Chapter 19 is a scanned image on the county's site and is not included.
Tables (like use tables) may not copy cleanly, so check any table against the official code.
Confirm anything here with Tooele County planning before you rely on it.
(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) AElderly 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 singlefamily 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. (Ord.2005-30, 11/22/05)
20-3. Residential facilities for persons with a
disability.
(1) As used in this chapter, "Disability" is
defined in Section 57-21-2 UCA.
(2) AResidential facility for persons with a
disability@ means a residence in which more than
one person with a disability resides and which is:
(a) licensed or certified by the
department of human services under Title 62A,
and facilities; or
(b) licensed or certified by the
department of health under Title 26, Chapter 21 of
the Utah Code, Health Care Facility Licensing and
Inspection Act.
(3) A residential facility for persons with a
disability shall be a permitted use in any zoning
district where a dwelling is allowed. Each such
facility shall conform to the following requirements:
(a) The facility shall comply with all
building, safety, and health regulations applicable
to similar structures. As part of this requirement
the following site development standards and
parking standards shall be applicable:
(i)
Each facility shall be
subject to minimum site development standards
applicable to a single-family dwelling or other
similar dwelling in the zone in which the facility is
located; and
(ii)
The minimum number of
parking spaces required for a residential facility for
persons with a disability shall be the same as
those for a single-family dwelling located in the
same zoning district in which the facility is located.
(b) No facility shall be made available
to an individual whose tenancy would:
TOOELE COUNTY LAND USE ORDINANCE – CHAPTER 20
(i)
constitute a direct threat
to the health or safety of other individuals, or
(ii)
result in substantial
physical damage to the property of others. It is not
the intention of this subsection to establish any
legal basis for tort liability on the part of the facility
operator.
(c) Prior to the occupancy of any
facility, the person or entity licensed or certified by
the department of human services or the
department of health to establish and operate the
facility shall provide to the zoning administrator:
(i)
a copy of such license or
certification; and
(ii)
a sworn affidavit that no
person will reside or remain in the facility whose
tenancy would likely:
(a) constitute a direct
threat to the health or safety of other individuals, or
(b) result
in
substantial physical damage to the property of
others.
(d) the use permitted by this section
is nontransferable and shall terminate if:
(i)
the facility is devoted to a
use other than a residential facility for persons with
a disability;
(ii)
the license or certification
issued by the department of human services or the
department of health terminates or is revoked, or
(iii) the facility fails to comply
with this section.
(4) None of the foregoing conditions shall be
interpreted to limit any reasonable accommodation
necessary to allow the establishment or occupancy
of a residential facility for persons with a disability.
(5) Any person or entity who wishes to
request a reasonable accommodation shall make
application to the zoning administrator and
articulate in writing the basis for the requested
accommodation.
(6) Each application for a reasonable
accommodation shall be decided within 30 days.
(7) If a request for a reasonable
accommodation is denied, such decision may be
appealed to the board of adjustment in the manner
provided for appeals of administrative decisions.
(Ord.2005-30, 11/22/05)
TOOELE COUNTY LAND USE ORDINANCE – CHAPTER 20