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City Attorney

Roger Baker
Tooele City Attorney

90 North Main Street
Tooele, UT 84074

Phone: 435.843.2120
Fax: 435.843.2129

Title 7. Chapter 15a. Residential Facilities for Elderly Persons

7-15a-1. Applicability.

Any structure or dwelling encompassed within the definition of “Residential Facility for Elderly Persons” shall comply with the requirements of this Chapter notwithstanding other provisions of this Code to the contrary.

(Ord. 2012-17, 09-05-12) 

7-15a-2. Purpose.

The purposes of this Chapter include:

(1) to comply with the Federal Fair Housing Act (42 U.S.C. §3601 et seq.);

(2) to comply with the Utah Fair Housing Act (U.C.A. Chapter 57-12);

(3) to comply with U.C.A. §§10-9a-516 through – 519 (Residential facilities for elderly persons, etc.);

(4) to permit housing for elderly persons in a non- discriminatory manner; and,

(5) to allow for reasonable accommodations to afford elderly persons equal housing opportunities.

(Ord. 2012-17, 09-05-12) 

7-15a-3. Permitted or conditional use; requirements.

(1) A residential facility for elderly persons (for purposes of this Chapter, a “facility”) housing 8 or fewer residents shall be a permitted use in any residential zoning district in which a single-family dwelling is a permitted primary use.

(2) A facility housing more than 8 residents shall be a conditional use in any residential zoning district.

(3) Each facility shall comply with the following requirements.

(a) The facility shall comply with all building, safety, and health regulations applicable to the construction and habitation of dwellings.

(b) The facility shall comply with all of the provisions of this Title applicable to single-family dwellings, unless otherwise specified in this Chapter.

(c) Each facility located in a single-family zoning district (R1-7 through RR-5) shall comply with the single-family design standards contained in Chapter 7-11b of this Title.

(d) Each facility located in a multi-family zoning district (HDR and MDR) shall comply with the multi-family design standards contained in Chapter 7-11a of this Title.

(e) The minimum number of parking spaces required for a facility shall be 1 space for each bedroom designed for occupancy by 1 or 2 persons and 2 spaces for each bedroom designed for occupancy by 3 or 4 persons, plus 1 space for each employee.

(f) No more than 4 persons may be housed in a single bedroom.

(g) A minimum of 60 square-feet per resident shall be provided in a multiple-occupant bedroom. A minimum of 100 square-feet per resident shall be provided in a single-occupant bedroom.

(h) Bathrooms shall have a minimum ratio of 1 toilet, 1 lavatory, and 1 tub or shower to each 6 residents.

(i) The facility must be a structure type that is permitted in the zoning district in which the facility is proposed to be located.

(j) No facility with more than 8 occupants may be located within 660 feet of another facility, measured in a straight line between the nearest property lines of the lots upon which the respective facilities are located.

(k) Placement in a facility shall not be a part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional facility.

(Ord. 2012-17, 09-05-12) 

7-15a-4. Revocation of Permit.

The City may revoke the conditional use permit and occupancy permit of any facility upon the occurrence of any of the following:

(1) the facility is devoted to a use other than a residential facility for elderly persons;

(2) any license or certificate required by the State of Utah for the facility or a program provided at the facility terminates for any reason (including expiration, revocation, suspension for 5 years or more, denial of renewal);

(3) the facility fails to comply with all of the requirements of this Chapter; or,

(4) the facility allows a person to reside or remain in the facility whose tenancy constitutes or has constituted a direct threat to the health or safety of others or has resulted in substantial physical damage to the property of others.

(Ord. 2012-17, 09-05-12) 

7-15a-5. Violations.

(1) The following shall constitute a violation of this Chapter:

(a) continued occupation of a facility upon the revocation of the conditional use permit or occupancy permit;

(b) continued occupation of a facility upon the termination of a required State of Utah license or certificate for the facility;

(c) continued providing of a program upon the termination of a required State of Utah license or certificate for that program;

(d) noncompliance with any provision of Title 4 or Title 7 of this Code applicable to the facility;

(e) allowing a person to reside or remain in the facility whose tenancy constitutes or has constituted a direct threat to the health or safety of others or has resulted in substantial physical damage to the property of others; and,

(f) allowing the facility to be devoted to a use other than a residential facility for elderly persons.

(2) Any violation of this Chapter is a class B misdemeanor.

(Ord. 2012-17, 09-05-12)

7-15a-6. Reasonable Accommodation.

None of the foregoing conditions shall be interpreted to limit any reasonable accommodation necessary to allow the establishment or occupancy of a facility. Any person or entity who wishes to request a reasonable accommodation shall make application to the Director of the Community Development Department and shall articulate in writing the basis for the requested accommodation. Each application for a reasonable accommodation shall be decided by the Director within 30 days. Failure of the Director to issue a decision within 30 days shall be deemed a denial of the application.

(Ord. 2012-17, 09-05-12) 

7-15a-7. Appeals.

(1) The denial of a request for reasonable accommodation may be appealed to the Zoning Administrator by filing with the Community Development Department a written appeal within 10 days of the date of denial. The Zoning Administrator shall issue a written decision with 15 days of the date of the appeal. Failure of the Zoning Administrator to issue a written decision within the 15 days shall be considered a denial of the appeal.

(2) The decision of the Zoning Administrator may be appealed to the Administrative Hearing Officer by filing with the Community Development Department a written appeal within 10 days of the date of denial. The Administrative Hearing Officer shall schedule and conduct an informal hearing, shall notify the appellant and the Zoning Administrator of the date and time of the hearing, and shall issue a written decision within 15 days of the hearing. The decision shall be mailed by first-class mail to the appellant.

(3) The revocation of an occupancy permit pursuant to this Chapter may be appealed to the Administrative Hearing Officer by filing with the Community Development Department a written appeal within 10 days of the date of the revocation notice. The Administrative Hearing Officer shall schedule and conduct an informal hearing, shall notify the appellant and the Director of the Community Development Department of the date and time of the hearing, and shall issue a written decision within 15 days of the hearing. The decision shall be mailed by first- class mail to the appellant.

(Ord. 2012-17, 09-05-12)

 

Click Here for a .pdf copy of Title7 Chapter15a

Please Note:  Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted.  If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.

 

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