S.B. 47

1

CITY AND COUNTY ZONING OF HEALTH
2 CARE CENTERS
3 1999 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Robert M. Muhlestein
6 AN ACT RELATING TO CITIES AND TOWNS AND COUNTIES; ELIMINATING A
7 PERMISSIBLE RESTRICTION ON RESIDENTIAL FACILITIES FOR ELDERLY PERSONS;
8 PROHIBITING MUNICIPALITIES AND COUNTIES FROM PLACING CERTAIN
9 RESTRICTIONS ON RESIDENTIAL FACILITIES FOR ELDERLY PERSONS; AND MAKING
10 TECHNICAL CHANGES.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 10-9-502, as last amended by Chapter 108, Laws of Utah 1997
14 17-27-502, as last amended by Chapter 108, Laws of Utah 1997
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 10-9-502 is amended to read:
17 10-9-502. Municipal ordinances governing elderly residential facilities.
18 (1) Each municipality shall adopt ordinances that establish that a residential facility for
19 elderly persons is a permitted use in any area where residential dwellings are allowed, except an
20 area zoned to permit exclusively single-family dwellings.
21 (2) The ordinances shall establish a permit process that may require only that:
22 (a) the facility meet all applicable building, safety, zoning, and health ordinances
23 applicable to similar dwellings;
24 (b) adequate off-street parking space be provided;
25 (c) the facility be capable of use as a residential facility for elderly persons without
26 structural or landscaping alterations that would change the structure's residential character;
27 [(d) no residential facility for elderly persons be established within three-quarters mile of

28 another residential facility for elderly persons or residential facility for persons with a disability,
29 as defined by Section 10-9-605 ;]
30 [(e)] (d) no person being treated for alcoholism or drug abuse be placed in a residential
31 facility for elderly persons; and
32 [(f)] (e) placement in a residential facility for elderly persons be on a strictly voluntary
33 basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional
34 facility.
35 (3) A municipality may not prohibit the establishment of a residential facility for elderly
36 persons within a certain distance of another residential facility for elderly persons or residential
37 facility for persons with a disability, as defined by Section 10-9-605 .
38 Section 2. Section 17-27-502 is amended to read:
39 17-27-502. County ordinances governing elderly residential facilities.
40 (1) Each county shall adopt ordinances that establish that a residential facility for elderly
41 persons is a permitted use in any area where residential dwellings are allowed, except an area
42 zoned to permit exclusively single-family dwellings.
43 (2) The ordinances shall establish a permit process that may require only that:
44 (a) the facility meet all applicable building, safety, zoning, and health ordinances
45 applicable to similar dwellings;
46 (b) adequate off-street parking space be provided;
47 (c) the facility be capable of use as a residential facility for elderly persons without
48 structural or landscaping alterations that would change the structure's residential character;
49 [(d) no residential facility for elderly persons be established within three-quarters mile of
50 another residential facility for elderly persons or residential facility for persons with a disability,
51 as defined by Section 17-27-605 ;]
52 [(e)] (d) no person being treated for alcoholism or drug abuse be placed in a residential
53 facility for elderly persons; and
54 [(f)] (e) placement in a residential facility for elderly persons be on a strictly voluntary
55 basis and not a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional
56 facility.
57 (3) A county may not prohibit the establishment of a residential facility for elderly persons
58 within a certain distance of another residential facility for elderly persons or residential facility for

59 persons with a disability, as defined by Section 10-9-605 .




Legislative Review Note
as of 1-25-99 5:34 PM

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

Office of Legislative Research and General Counsel