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.
(Ord. 2012-17, 09-05-12)
7-15a-2. Purpose.
(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 eight 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 eight 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 (MR-20, MR-16, MR-12, and MR-8) 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 as required in Chapter 7-4 of this Title.
(f) No more than four 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 one toilet, one lavatory, and one tub or shower to each six 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 eight 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. 2022-22, 07-06-2022) (Ord. 2019-12, 05-15-2019) (Ord. 2019-08, 03-20-2019) (Ord. 2012-17, 09-05-2012)
7-15a-4. Revocation of Permit.
(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 five 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. 2019-08, 03-20-2019) (Ord. 2012-17, 09-05-2012)
7-15a-5. Violations.
(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.
(Ord. 2012-17, 09-05-12)
7-15a-7. Appeals.
(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 ten 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 ten 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. 2019-08, 03-20-2019) (Ord. 2012-17, 09-05-2012)
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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