17-27a-516. County ordinances governing elderly residential facilities.
(1) Each county shall adopt ordinances that establish that 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.
(2) The ordinances shall establish a permit process that may require only that:
(a) the facility meet each building, safety, land use, and health ordinance applicable to
similar dwellings;
(b) adequate off-street parking space be provided;
(c) the facility be capable of use as a residential facility for elderly persons without
structural or landscaping alterations that would change the structure's residential character;
(d) residential facilities for elderly persons be reasonably dispersed throughout the
county;
(e) no person being treated for alcoholism or drug abuse be placed in a residential facility
for elderly persons; and
(f) placement in a residential facility for elderly persons be on a strictly voluntary basis
and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.
Renumbered and Amended by Chapter 254, 2005 General Session
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Last revised: Thursday, May 28, 2009