S.B. 217

1

RESIDENTIAL FACILITIES FOR PERSONS
2 WITH A DISABILITY
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Robert M. Muhlestein
6 AN ACT RELATING TO COUNTIES AND CITIES AND TOWNS; PERMITTING LOCAL
7 GOVERNMENTS TO ADOPT ORDINANCES WITH RESPECT TO RESIDENCES FOR
8 PERSONS WITH A DISABILITY IN ACCORDANCE WITH THE FAIR HOUSING ACT
9 OF 1988; CLARIFYING THE LICENSING AND MONITORING FUNCTIONS OF THE
10 DEPARTMENT OF HUMAN SERVICES; MAKING TECHNICAL AMENDMENTS; AND
11 REPEALING EXISTING SECTIONS ON RESIDENTIAL FACILITIES AND ORDINANCES
12 FOR HANDICAPPED PERSONS.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 AMENDS:
15 10-9-103, as last amended by Chapter 179, Laws of Utah 1995
16 10-9-502, as enacted by Chapter 235, Laws of Utah 1991
17 10-9-504, as last amended by Chapter 30, Laws of Utah 1992
18 17-27-103, as last amended by Chapter 179, Laws of Utah 1995
19 17-27-502, as enacted by Chapter 235, Laws of Utah 1991
20 17-27-504, as enacted by Chapter 235, Laws of Utah 1991
21 62A-2-114, as last amended by Chapter 172, Laws of Utah 1991
22 62A-6-101, as last amended by Chapter 12, Laws of Utah 1994
23 ENACTS:
24 10-9-605, Utah Code Annotated 1953
25 17-27-605, Utah Code Annotated 1953
26 REPEALS:
27 10-9-601, as enacted by Chapter 235, Laws of Utah 1991

1 10-9-602, as enacted by Chapter 235, Laws of Utah 1991
2 10-9-603, as enacted by Chapter 235, Laws of Utah 1991
3 10-9-604, as enacted by Chapter 235, Laws of Utah 1991
4 17-27-601, as enacted by Chapter 235, Laws of Utah 1991
5 17-27-602, as enacted by Chapter 235, Laws of Utah 1991
6 17-27-603, as enacted by Chapter 235, Laws of Utah 1991
7 17-27-604, as enacted by Chapter 235, Laws of Utah 1991
8 Be it enacted by the Legislature of the state of Utah:
9 Section 1. Section 10-9-103 is amended to read:
10 10-9-103. Definitions -- Notice.
11 (1) As used in this chapter:
12 (a) "Billboard" means a freestanding ground sign located on industrial, commercial, or
13 residential property if the sign is designed or intended to direct attention to a business, product,
14 or service that is not sold, offered, or existing on the property where the sign is located.
15 (b) "Chief executive officer" means:
16 (i) the mayor in municipalities operating under all forms of municipal government except
17 the council-manager form; or
18 (ii) the city manager in municipalities operating under the council-manager form of
19 municipal government.
20 (c) "Conditional use" means a land use that, because of its unique characteristics or
21 potential impact on the municipality, surrounding neighbors, or adjacent land uses, may not be
22 compatible in some areas or may be compatible only if certain conditions are required that mitigate
23 or eliminate the detrimental impacts.
24 (d) "County" means the unincorporated area of the county.
25 (e) "Elderly person" means a person who is 60 years old or older, who desires or needs to
26 live with other elderly persons in a group setting, but who is capable of living independently.
27 (f) (i) "General plan" means a document that a municipality adopts that sets forth general
28 guidelines for proposed future development of the land within the municipality, as set forth in
29 Sections 10-9-301 and 10-9-302.
30 (ii) "General plan" includes what is also commonly referred to as a "master plan."
31 [(g) "Handicapped person" means a person who:]

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1 [(i) has a severe, chronic disability attributable to a mental or physical impairment or to
2 a combination of mental and physical impairments that is likely to continue indefinitely and that
3 results in a substantial functional limitation in three or more of the following areas of major life
4 activity:]
5 [(A) self-care;]
6 [(B) receptive and expressive language;]
7 [(C) learning;]
8 [(D) mobility;]
9 [(E) self-direction;]
10 [(F) capacity for independent living; and]
11 [(G) economic self-sufficiency; and]
12 [(ii) requires a combination or sequence of special interdisciplinary or generic care,
13 treatment, or other services that are individually planned and coordinated to allow the person to
14 function in, and contribute to, a residential neighborhood.]
15 [(h)] (g) "Legislative body" means the city council or city commission.
16 [(i)] (h) "Lot line adjustment" in a subdivision means the relocation of the property
17 boundary line between two adjoining lots with the consent of the owners of record.
18 [(j)] (i) "Municipality" means a city or town.
19 [(k)] (j) "Nonconforming structure" means a structure that:
20 (i) legally existed before its current zoning designation; and
21 (ii) because of subsequent zoning changes, does not conform with the zoning regulation's
22 setback, height restrictions, or other regulations that govern the structure.
23 [(l)] (k) "Nonconforming use" means a use of land that:
24 (i) legally existed before its current zoning designation;
25 (ii) has been maintained continuously since the time the zoning regulation governing the
26 land changed; and
27 (iii) because of subsequent zoning changes, does not conform with the zoning regulations
28 that now govern the land.
29 [(m)] (l) "Official map" means a map of proposed streets that has the legal effect of
30 prohibiting development of the property until the municipality develops the proposed street.
31 [(n)] (m) (i) "Residential facility for elderly persons" means a single-family or

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1 multiple-family dwelling unit that meets the requirements of Part 5 and any ordinance adopted
2 under authority of that part.
3 (ii) "Residential facility for elderly persons" does not include a health care facility as
4 defined by Section 26-21-2.
5 [(o) "Residential facility for handicapped persons" means a single-family or
6 multiple-family dwelling unit that meets the requirements of Part 6 and any ordinance adopted
7 under authority of that part.]
8 [(p)] (n) "Special district" means all entities established under the authority of Title 17A,
9 Special Districts, and any other governmental or quasi-governmental entity that is not a county,
10 municipality, school district, or unit of the state.
11 [(q)] (o) "Street" means public rights-of-way, including highways, avenues, boulevards,
12 parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
13 other ways.
14 [(r)] (p) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be
15 divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose,
16 whether immediate or future, for offer, sale, lease, or development either on the installment plan
17 or upon any and all other plans, terms, and conditions.
18 (ii) "Subdivision" includes:
19 (A) the division or development of land whether by deed, metes and bounds description,
20 devise and testacy, lease, map, plat, or other recorded instrument; and
21 (B) divisions of land for all residential and nonresidential uses, including land used or to
22 be used for commercial, agricultural, and industrial purposes.
23 [(s)] (q) "Unincorporated" means the area outside of the incorporated boundaries of cities
24 and towns.
25 (2) (a) A municipality meets the requirements of reasonable notice required by this chapter
26 if it:
27 (i) posts notice of the hearing or meeting in at least three public places within the
28 jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
29 in the jurisdiction, if one is available; or
30 (ii) gives actual notice of the hearing or meeting.
31 (b) A municipal legislative body may enact an ordinance establishing stricter notice

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1 requirements than those required by this subsection.
2 (c) (i) Proof that one of the two forms of notice authorized by this subsection was given
3 is prima facie evidence that notice was properly given.
4 (ii) If notice given under authority of this section is not challenged as provided in Section
5 10-9-1001 within 30 days from the date of the meeting for which the notice was given, the notice
6 is considered adequate and proper.
7 Section 2. Section 10-9-502 is amended to read:
8 10-9-502. Municipal ordinances governing elderly residential facilities.
9 (1) Each municipality shall adopt ordinances that establish that a residential facility for
10 elderly persons is a permitted use in any area where residential dwellings are allowed, except an
11 area zoned to permit exclusively single-family dwellings.
12 (2) The ordinances shall establish a permit process that may require only that:
13 (a) the facility meet all applicable building, safety, zoning, and health ordinances
14 applicable to similar dwellings;
15 (b) adequate off-street parking space be provided;
16 (c) the facility be capable of use as a residential facility for elderly persons without
17 structural or landscaping alterations that would change the structure's residential character;
18 (d) no residential facility for elderly persons be established within three-quarters mile of
19 another residential facility for elderly persons or residential facility for [handicapped] persons with
20 a disability, as defined by Section [10-9-103] 10-9-605;
21 (e) no person being treated for alcoholism or drug abuse be placed in a residential facility
22 for elderly persons; and
23 (f) placement in a residential facility for elderly persons be on a strictly voluntary basis
24 and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.
25 Section 3. Section 10-9-504 is amended to read:
26 10-9-504. Elderly residential facilities in areas zoned exclusively for single-family
27 dwellings.
28 (1) For purposes of this section:
29 (a) no person who is being treated for alcoholism or drug abuse may be placed in a
30 residential facility for elderly persons; and
31 (b) placement in a residential facility for elderly persons shall be on a strictly voluntary

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1 basis and may not be a part of, or in lieu of, confinement, rehabilitation, or treatment in a
2 correctional institution.
3 (2) Subject to the granting of a conditional use permit, a residential facility for elderly
4 persons shall be allowed in any municipal zoning district that is zoned to permit exclusively
5 single-family dwelling use, if that facility:
6 (a) conforms to all applicable health, safety, zoning, and building codes;
7 (b) is capable of use as a residential facility for elderly persons without structural or
8 landscaping alterations that would change the structure's residential character; and
9 (c) conforms to the municipality's criteria, adopted by ordinance, governing the location
10 of residential facilities for elderly persons in areas zoned to permit exclusively single-family
11 dwellings.
12 (3) A municipality may, by ordinance, provide that no residential facility for elderly
13 persons be established within three-quarters mile of another existing residential facility for elderly
14 persons or residential facility for [handicapped] persons with a disability, as defined by Section
15 [10-9-103] 10-9-605.
16 (4) The use granted and permitted by this section is nontransferable and terminates if the
17 structure is devoted to a use other than as a residential facility for elderly persons or if the structure
18 fails to comply with applicable health, safety, and building codes.
19 (5) (a) Municipal ordinances shall prohibit discrimination against elderly persons and
20 against residential facilities for elderly persons.
21 (b) The decision of a municipality regarding the application for a permit by a residential
22 facility for elderly persons must be based on legitimate land use criteria and may not be based on
23 the age of the facility's residents.
24 (6) The requirements of this section that a residential facility for elderly persons obtain a
25 conditional use permit or other permit do not apply if the facility meets the requirements of
26 existing zoning ordinances that allow a specified number of unrelated persons to live together.
27 Section 4. Section 10-9-605 is enacted to read:
28 10-9-605. Residences for persons with a disability.
29 (1) As used in this section:
30 (a) "Disability" is defined in Section 57-21-2.
31 (b) "Residential facility for persons with a disability" means a residence:

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1 (i) in which more than one person with a disability resides; and
2 (ii) is licensed or certified by the Department of Human Services under Title 62A, Chapter
3 2, Licensure of Programs and Facilities.
4 (2) Each municipality shall adopt an ordinance for residential facilities for persons with
5 a disability. The ordinance:
6 (a) shall comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair
7 Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.;
8 (b) may require, if consistent with Subsection (2)(a), residential facilities for persons with
9 a disability to be reasonably dispersed throughout the municipality; and
10 (c) shall provide that a residential facility for persons with a disability:
11 (i) is a permitted use in any zoning area where residential dwellings are allowed; and
12 (ii) may only be required to obtain permits that verify compliance with the building, safety,
13 and health regulations that are applicable to similar structures.
14 (3) The responsibility to license programs or entities which operate facilities for persons
15 with a disability, as well as to require and monitor the provision of adequate services to persons
16 residing in those facilities, shall rest with the Department of Human Services as provided in
17 Section 62A-2-114 and Title 62A, Chapter 5, Services to People with Disabilities.
18 Section 5. Section 17-27-103 is amended to read:
19 17-27-103. Definitions -- Notice.
20 (1) As used in this chapter:
21 (a) "Billboard" means a freestanding ground sign located on industrial, commercial, or
22 residential property if the sign is designed or intended to direct attention to a business, product,
23 or service that is not sold, offered, or existing on the property where the sign is located.
24 (b) "Chief executive officer" means the county executive, or if the county has adopted an
25 alternative form of government, the official who exercises the executive powers.
26 (c) "Conditional use" means a land use that, because of its unique characteristics or
27 potential impact on the county, surrounding neighbors, or adjacent land uses, may not be
28 compatible in some areas or may be compatible only if certain conditions are required that mitigate
29 or eliminate the detrimental impacts.
30 (d) "County" means the unincorporated area of the county.
31 (e) "Elderly person" means a person who is 60 years old or older, who desires or needs to

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1 live with other elderly persons in a group setting, but who is capable of living independently.
2 (f) (i) "General plan" means a document that a county adopts that sets forth general
3 guidelines for proposed future development of the land within the county, as set forth in Sections
4 17-27-301 and 17-27-302.
5 (ii) "General plan" includes what is also commonly referred to as a "master plan."
6 [(g) "Handicapped person" means a person who:]
7 [(i) has a severe, chronic disability attributable to a mental or physical impairment, or to
8 a combination of mental and physical impairments, that is likely to continue indefinitely and that
9 results in a substantial functional limitation in three or more of the following areas of major life
10 activity:]
11 [(A) self-care;]
12 [(B) receptive and expressive language;]
13 [(C) learning;]
14 [(D) mobility;]
15 [(E) self-direction;]
16 [(F) capacity for independent living; and]
17 [(G) economic self-sufficiency; and]
18 [(ii) requires a combination or sequence of special interdisciplinary or generic care,
19 treatment, or other services that are individually planned and coordinated to allow the person to
20 function in, and contribute to, a residential neighborhood.]
21 [(h)] (g) "Legislative body" means the county legislative body, or for a county that has
22 adopted an alternative form of government, the body exercising legislative powers.
23 [(i)] (h) "Lot line adjustment"means the relocation of the property boundary line between
24 two adjoining lots with the consent of the owners of record.
25 [(j)] (i) "Municipality" means a city or town.
26 [(k)] (j) "Nonconforming structure" means a structure that:
27 (i) legally existed before its current zoning designation; and
28 (ii) because of subsequent zoning changes, does not conform with the zoning regulation's
29 setback, height restrictions, or other regulations that govern the structure.
30 [(l)] (k) "Nonconforming use" means a use of land that:
31 (i) legally existed before its current zoning designation;

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1 (ii) has been maintained continuously since the time the zoning regulation governing the
2 land changed; and
3 (iii) because of subsequent zoning changes, does not conform with the zoning regulations
4 that now govern the land.
5 [(m)] (l) "Official map" means a map of proposed streets that has the legal effect of
6 prohibiting development of the property until the county develops the proposed street.
7 [(n)] (m) (i) "Residential facility for elderly persons" means a single-family or
8 multiple-family dwelling unit that meets the requirements of Part 5 and any ordinance adopted
9 under authority of that part.
10 (ii) "Residential facility for elderly persons" does not include a health care facility as
11 defined by Section 26-21-2.
12 [(o) "Residential facility for handicapped persons" means a single-family or
13 multiple-family dwelling unit that meets the requirements of Part 6 and any ordinance adopted
14 under authority of that part.]
15 [(p)] (n) "Special district" means all entities established under the authority of Title 17A,
16 Special Districts, and any other governmental or quasi-governmental entity that is not a county,
17 municipality, school district, or unit of the state.
18 [(q)] (o) "Street" means public rights-of-way, including highways, avenues, boulevards,
19 parkways, roads, lanes, walks, alleys, viaducts, subways, tunnels, bridges, public easements, and
20 other ways.
21 [(r)] (p) (i) "Subdivision" means any land that is divided, resubdivided or proposed to be
22 divided into two or more lots, parcels, sites, units, plots, or other division of land for the purpose,
23 whether immediate or future, for offer, sale, lease, or development either on the installment plan
24 or upon any and all other plans, terms, and conditions.
25 (ii) "Subdivision" includes the division or development of land whether by deed, metes
26 and bounds description, devise and testacy, lease, map, plat, or other recorded instrument.
27 (iii) "Subdivision" does not include a bona fide division or partition of agricultural land
28 for agricultural purposes or of commercial, manufacturing, or industrial land for commercial,
29 manufacturing, or industrial purposes.
30 [(s)] (q) "Unincorporated" means the area outside of the incorporated boundaries of cities
31 and towns.

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1 (2) (a) A county meets the requirements of reasonable notice required by this chapter if
2 it:
3 (i) posts notice of the hearing or meeting in at least three public places within the
4 jurisdiction and publishes notice of the hearing or meeting in a newspaper of general circulation
5 in the jurisdiction, if one is available; or
6 (ii) gives actual notice of the hearing or meeting.
7 (b) A county legislative body may enact an ordinance establishing stricter notice
8 requirements than those required by this subsection.
9 (c) (i) Proof that one of the two forms of notice authorized by this subsection was given
10 is prima facie evidence that notice was properly given.
11 (ii) If notice given under authority of this section is not challenged as provided in Section
12 17-27-1001 within 30 days from the date of the meeting for which the notice was given, the notice
13 is considered adequate and proper.
14 Section 6. Section 17-27-502 is amended to read:
15 17-27-502. County ordinances governing elderly residential facilities.
16 (1) Each county shall adopt ordinances that establish that a residential facility for elderly
17 persons is a permitted use in any area where residential dwellings are allowed, except an area
18 zoned to permit exclusively single-family dwellings.
19 (2) The ordinances shall establish a permit process that may require only that:
20 (a) the facility meet all applicable building, safety, zoning, and health ordinances
21 applicable to similar dwellings;
22 (b) adequate off-street parking space be provided;
23 (c) the facility be capable of use as a residential facility for elderly persons without
24 structural or landscaping alterations that would change the structure's residential character;
25 (d) no residential facility for elderly persons be established within three-quarters mile of
26 another residential facility for elderly persons or residential facility for [handicapped] persons with
27 a disability, as defined by Section [17-27-103] 17-27-605;
28 (e) no person being treated for alcoholism or drug abuse be placed in a residential facility
29 for elderly persons; and
30 (f) placement in a residential facility for elderly persons be on a strictly voluntary basis
31 and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.

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1 Section 7. Section 17-27-504 is amended to read:
2 17-27-504. Elderly residential facilities in areas zoned exclusively for single-family
3 dwellings.
4 (1) For purposes of this section:
5 (a) no person who is being treated for alcoholism or drug abuse may be placed in a
6 residential facility for elderly persons; and
7 (b) placement in a residential facility for elderly persons shall be on a strictly voluntary
8 basis and may not be a part of, or in lieu of, confinement, rehabilitation, or treatment in a
9 correctional institution.
10 (2) Subject to the granting of a conditional use permit, a residential facility for elderly
11 persons shall be allowed in any county zoning district that is zoned to permit exclusively
12 single-family dwelling use, if that facility:
13 (a) conforms to all applicable health, safety, zoning, and building codes;
14 (b) is capable of use as a residential facility for elderly persons without structural or
15 landscaping alterations that would change the structure's residential character; and
16 (c) conforms to the county's criteria, adopted by ordinance, governing the location of
17 residential facilities for elderly persons in areas zoned to permit exclusively single-family
18 dwellings.
19 (3) A county may, by ordinance, provide that no residential facility for elderly persons be
20 established within three-quarters mile of another existing residential facility for elderly persons
21 or residential facility for [handicapped] persons with a disability, as defined by Section
22 [17-27-103] 17-27-605.
23 (4) The use granted and permitted by this section is nontransferable and terminates if the
24 structure is devoted to a use other than as a residential facility for elderly persons or if the structure
25 fails to comply with applicable health, safety, and building codes.
26 (5) (a) County ordinances shall prohibit discrimination against elderly persons and against
27 residential facilities for elderly persons.
28 (b) The decision of a county regarding the application for a permit by a residential facility
29 for elderly persons must be based on legitimate land use criteria and may not be based on the age
30 of the facility's residents.
31 (6) The requirements of this section that a residential facility for elderly persons obtain a

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1 conditional use permit or other permit do not apply if the facility meets the requirements of
2 existing zoning ordinances that allow a specified number of unrelated persons to live together.
3 Section 8. Section 17-27-605 is enacted to read:
4 17-27-605. Residences for persons with a disability.
5 (1) As used in this section:
6 (a) "Disability" is defined in Section 57-21-2.
7 (b) "Residential facility for persons with a disability" means a residence:
8 (i) in which more than one person with a disability resides; and
9 (ii) is licensed or certified by the Department of Human Services under Title 62A, Chapter
10 2, Licensure of Programs and Facilities.
11 (2) Each county shall adopt an ordinance for residential facilities for persons with a
12 disability. The ordinance:
13 (a) shall comply with Title 57, Chapter 21, Utah Fair Housing Act, and the federal Fair
14 Housing Amendments Act of 1988, 42 U.S.C. Sec. 3601 et seq.;
15 (b) may require, if consistent with Subsection (2)(a), residential facilities for persons with
16 a disability to be reasonably dispersed throughout the county; and
17 (c) shall provide that a residential facility for persons with a disability:
18 (i) is a permitted use in any zoning area where residential dwellings are allowed; and
19 (ii) may only be required to obtain permits that verify compliance with the building, safety,
20 and health regulations that are applicable to similar structures.
21 (3) The responsibility to license programs or entities which operate facilities for persons
22 with a disability, as well as to require and monitor the provision of adequate services to persons
23 residing in those facilities, shall rest with the Department of Human Services as provided in
24 Section 62A-2-114 and Title 62A, Chapter 5, Services to People with Disabilities.
25 Section 9. Section 62A-2-114 is amended to read:
26 62A-2-114. Licensure of program in compliance.
27 (1) The office shall issue a license for a human services program that is found to be in
28 compliance with the provisions of this chapter and applicable rules made by the committee.
29 (2) (a) As a condition of licensure, a human services program shall provide adequate
30 services to persons residing in the program's facilities. Adequate services shall include
31 supervision of residents in the facility and measures to ensure that the facility poses no

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1 unreasonable threat of danger to public safety.
2 (b) The office shall adopt rules to implement Subsection (2)(a).
3 (3) The office shall monitor the human services programs and investigate alleged licensing
4 violations, with special attention given to allegations that implicate public safety.
5 Section 10. Section 62A-6-101 is amended to read:
6 62A-6-101. Definitions.
7 As used in this chapter:
8 (1) "Informed consent" means consent that is voluntary and based on an understanding by
9 the person to be sterilized of the nature and consequences of sterilization, the reasonably
10 foreseeable risks and benefits of sterilization, and the available alternative methods of
11 contraception.
12 (2) "Institutionalized" means residing in the Utah State Developmental Center, the Utah
13 State Hospital, a residential facility for [handicapped] persons with a disability as defined in
14 Sections [10-9-103] 10-9-605 and [17-27-103] 17-27-605, a group home for disabled persons, a
15 nursing home, or a foster care home or facility.
16 (3) "Sterilization" means any medical procedure, treatment, or operation rendering an
17 individual permanently incapable of procreation.
18 Section 11. Repealer.
19 This act repeals:
20 Section 10-9-601, Residential facility for handicapped persons.
21 Section 10-9-602, Municipal ordinances governing handicapped residential facilities.
22 Section 10-9-603, Municipal approval of handicapped residential facilities.
23 Section 10-9-604, Handicapped residential facilities in areas zoned exclusively for
24 single-family dwellings.
25 Section 17-27-601, Residential facility for handicapped persons.
26 Section 17-27-602, County ordinances governing handicapped residential facilities.
27 Section 17-27-603, County approval of handicapped residential facilities.
28 Section 17-27-604, Handicapped residential facilities in areas zoned exclusively for
29 single-family dwellings.



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Legislative Review Note
as of 2-5-97 12:17 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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