070 of 2015 - Amending provisions related to assisted living and similar facilities (Various sections 21A) 0 15-1
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SALT LAKE CITY ORDINANCE
No. 70 of 2015
(Amending provisions related to assisted living and similar facilities)
An ordinance amending Sections 21A.27.050,21A.33.020,21A.33.030,21A.33.050,
21A.33.060,21A.33.070,21A.44.030,2IA.60.020,and 21A.62.040,Salt Lake City Code,and
repealing Sections 21A.36.040,21A.36.050,21A.36.060,21A.36.070,21A.36.080,and
21A.36.100,Salt Lake City Code,to modify provisions related to assisted living and similar
facilities.
WHEREAS,the Salt Lake City Planning Commission held a duly noticed public hearing
on November 12,2014 on an application submitted by Mayor Ralph Becker to consider
amendments to Title 21A—Zoning,Salt Lake City Code,related to assisted living and similar
facilities pursuant to Petition No.PLNPCM2014-00388;and
WHEREAS,at its November 12,2014 meeting the planning commission voted in favor
of forwarding a positive recommendation to the Salt Lake City Council on said application;and
WHEREAS,following public meetings and additional input on this petition,the city
council has determined that the planning commission's recommendation should be modified as
provided in this ordinance;and
WHEREAS,after holding a duly noticed public hearing the Salt Lake City Council has
determined that adopting this ordinance is in the city's best interests.
NOW,THEREFORE,be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. Amending Table 21A.27.050N of the Salt Lake City Code.Table
21A.27.050N in Subsection 21A.27.050N of the Salt Lake City Code(Zoning:Form Based
Districts:FB-UN1 and FB-UN2 Form Based Urban Neighborhood District:Permitted Land
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Uses) shall be, and hereby is, amended to delete the use categories: "Residential substance abuse
treatment home (large)", "Residential substance abuse treatment home (small)", "Transitional
victim home (large)", and "Transitional victim home (small)". Said table is further amended to
modify the use "Assisted living facility (small)" to omit that use as permitted in the FB-UN1
zoning district (as signified by a"P" in the use table), and to add the use categories: "Assisted
living facility (limited capacity)", "Residential support (large)", and "Residential support
(small)" as shown below:
TABLE 2IA.27.050N
PERMITTED USES
Use FB-UN l FB-UN2
Dwelling
Assisted living facility (small) P
Assisted living facility (limited capacity) P P
Residential support(large) P
Residential support(small) P
The codifier is instructed to only modify the uses as described in this section and as shown in the
selected portion of the table above and to make no other revisions to said table as part of this
ordinance.
SECTION 2. Amending Section 21A.33.020 of the Salt Lake City Code. Section
21A.33.020 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Residential Districts) shall be, amended to delete the use categories:
"Dwelling, residential substance abuse treatment home (small)", "Dwelling, transitional victim
home (large)", and "Dwelling, transitional victim home (small)". Said table is further amended
to modify the use "Dwelling, assisted living facility (large)" to omit that use as permitted in the
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RO zoning district (as signified by a "P" in the use table); to modify the use "Dwelling, assisted
living facility (small)" to omit that use as conditional in any residential zoning district (as
signified by a "C" in the use table) and as a permitted use in the RB and RO zoning districts (as
signified by a "P" in the use table); to modify the uses "Dwelling, group home (large)" and
"Dwelling, group home (small)" to add qualifying provisions to those use categories; and to add
the use categories: "Dwelling, assisted living facility (limited capacity)", "Dwelling, residential
support (large)", and "Dwelling, residential support(small)" as shown below:
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Permitted and Conditional Uses By District
FR-1/ FR-2/ FR-3/ R-1/ R-1/ R-1/ SR- SR- SR- R- RMF- RMF- RMF- RMF- R-MU- R-MU-
Use 43,560 21,780 12,000 12,000 7,000 5,000 1 2 3 2 30 35 45 75 RB 35 45 R-MU RO
Dwelling, assisted C P P C P P
living facility
(large)
Dwelling, assisted P P P P P P
living facility
(small)
Dwelling, assisted C C C C C C C C C P P P P P P P P
living facility
(limited capacity)
Dwelling, group C C C C C 19 C C C C 18
home(large) 14
Dwelling, group P P P P P P P P P P P P P P 18 P P P P 19
home(small) 15
Dwelling, C C C C C 20
residential support
(large) 16
Dwelling, C C P C C P P 21
residential support
(small) 17
14. No large group home shall be located within eight hundred feet(800')of another group home.
15. No small group home shall be located within eight hundred feet(800')of another group home;and
16. No large residential support shall be located within eight hundred feet(800')of another residential support.
17. No small residential support shall be located within eight hundred feet(800')of another residential support.
18. Large group homes established in the RB and RO districts shall be located above the ground floor.
19. Small group homes established in the RB and RO districts shall be located above the ground floor.
20. Large residential support established in RO districts shall be located above the ground floor.
21. Small residential support established in RO districts shall be located above the ground floor.
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The codifier is instructed to only modify the uses and add the qualifying provisions as described
in this section and as shown in the selected portion of the table above and to make no other
revisions to said table as part of this ordinance.
SECTION 3.Amending Section 21A.33.030 of the Salt Lake City Code.Section
21A.33.030 of the Salt Lake City Code(Zoning:Land Use Tables:Table of Permitted and
Conditional Uses for Commercial Districts)shall be,and hereby is,amended to delete the use
categories:"Residential substance abuse treatment home(large)","Residential substance abuse
treatment home(small)","Transitional victim home(large)",and"Transitional victim home
(small)". Said table is further amended to modify the use"Assisted living facility(small)"to
omit that use as permitted in the SNB zoning district(as signified by a"P"in the use table);to
modify the uses"Group home(large)"and"Group home(small)when located above or below
first story office,retail,or commercial use,or on the first story where the unit is not located
adjacent to street frontage"to add qualifying provisions to those use categories;and to add the
use categories:"Residential support(large)",and"Residential support(small)"as shown below:
Permitted And Conditional Uses By District
CN CB CS' CC CSHBD' CG TC-75 SNB
Use
Dwelling:
Assisted living facility(small) P P P P P
Group home(large)30 P C C P
Group home(small)when located
above or below first story office,retail,
or commercial use,or on the first story PPP P P P P P
where the unit is not located adjacent
to street frontage 21
Residential support(large)22 C C C
0 Residential support(small)23 C C C
20. No large group home shall be located within eight hundred feet(800')of another group home.
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21. No small group home shall be located within eight hundred feet(800')of another group home.
22. No large residential support shall be located within eight hundred feet(800')of another residential support.
23. No small residential support shall be located within eight hundred feet(800')of another residential support.
The codifier is instructed to only modify the uses and add the qualifying provisions as described
in this section and as shown in the selected portion of the table above and to make no other
revisions to said table as part of this ordinance.
SECTION 4.Amending Section 21A.33.050 of the Salt Lake City Code.Section
21A.33.050 of the Salt Lake City Code(Zoning:Land Use Tables:Table of Permitted and
Conditional Uses for Downtown Districts)shall be,and hereby is,amended to delete the use
categories:"Residential substance abuse treatment home(large)","Residential substance abuse
treatment home(small)","Transitional victim home(large)",and"Transitional victim home
(small)". Said table is further amended to modify the uses"Group home(large)"and"Group
home(small)"to add qualifying provisions to those use categories;and to add the use categories:
"Assisted living facility(large)","Assisted living facility(small)","Assisted living facility
(limited capacity)","Residential support(large)",and"Residential support(small)"as shown
below:
Permitted And Conditional
Uses By District
Use D-1 D-2 D-3 D-4
Dwelling:
Assisted living facility(large) P PP P
Assisted living facility(small) PPP P
Assisted living facility(limited capacity) P P P
Group home(large)'Z C C
Group home(small)13 PPP P
Residential support(large)" C C
Residential support(small)15 C C
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12. No large group home shall be located within eight hundred feet(800')of another group hone.
13. No small group home shall be located within eight hundred feet(800')of another group home.
14. No large residential support shall be located within eight hundred feet(800')of another residential
support.
15. No small residential support shall be located within eight hundred feet(800')of another residential
support.
The coddler is instructed to only modify the uses and add the qualifying provisions as described
in this section and as shown in the selected portion of the table above and to make no other
revisions to said table as part of this ordinance.
SECTION 5.Amending Section 21A.33.060 of the Salt Lake City Code.Section
21 A.33.060 of the Salt Lake City Code(Zoning:Land Use Tables:Table of Permitted and
Conditional Uses in the Gateway District)shall be,and hereby is,amended to delete the use
categories:"Residential substance abuse treatment home(large)","Residential substance abuse
treatment home(small)","Transitional victim home(large)",and"Transitional victim home
(small)". Said table is further amended to modify the uses"Group home(large)"and"Group
home(small)when located above or below first story office,retail,or commercial use,or on the
first story where the unit is not located adjacent to street frontage"to add qualifying provisions to
those use categories;and to add the use categories:"Assisted living facility(large)","Assisted
living facility(small)","Assisted living facility(limited capacity)","Residential support
(large)",and"Residential support(small)"as shown below:
Use G-MU
Dwelling:
Assisted living facility(large) P
Assisted living facility(small) P
Assisted living facility(limited capacity) P
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Group home(large)6 C
Group home(small) when located above or below first story P
office, retail or commercial use, or on the first story where the
unit is not located adjacent to the street frontage'
Residential support(large)8 C
Residential support(small)9
6. No large group home shall be located within eight hundred feet(800')of another group home.
7. No small group home shall be located within eight hundred feet(800') of another group home.
8. No large residential support shall be located within eight hundred feet(800')of another residential
support.
9. No small residential support shall be located within eight hundred feet(800') of another residential
support.
The codifier is instructed to only modify the uses and add the qualifying provisions as described
in this section and as shown in the selected portion of the table above and to make no other
revisions to said table as part of this ordinance.
SECTION 6. Amending Section 21A.33.070 of the Salt Lake City Code. Section
21A.33.070 of the Salt Lake City Code (Zoning: Land Use Tables: Table of Permitted and
Conditional Uses for Special Purpose Districts) shall be, and hereby is, amended to delete the use
categories: "Assisted living facility", "Congregate care facility", "Residential substance abuse
treatment home (large)", "Residential substance abuse treatment home (small)", "Transitional
victim home (large)", and "Transitional victim home (small)"; and to delete Qualifying Provision
number 16 in its entirety. Said table is further amended to modify the uses "Group home (large)"
and "Group home (small)" to add qualifying provisions to those use categories; and to add the
use categories: "Assisted living facility (large)", "Assisted living facility (small)", "Assisted
living facility (limited capacity)", "Residential support (large)", and "Residential support
(small)" as shown below:
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Permitted And Conditional Uses By District
Use RP BP FP AG AG-2 AG-5 AG-20 OS NOS A PL PL-2 I UI MH El MU
Dwelling:
Assisted living facility(large) P 16 P P
Assisted living facility(small) P P P
Assisted living facility(limited P P P
capacity)
Group home(large) C
Group home(small)18 P P P P P
Residential support(large)18
Residential support(small)20 P
Eleemosynary facilities P P P 16,21 P P
16. Occupancy shall be limited to 25 persons.
17. No large group home shall be located within eight hundred feet(800')of another group hone.
18. No small group home shall be located within eight hundred feet(800')of another group home.
19. No large residential support shall be located within eight hundred feet(800')of another residential support.
20. No small residential support shall be located within eight hundred feet(800')of another residential support.
21. No eleemosynary facility shall be located within eight hundred feet(800')of another eleemosynary,group home or residential support.
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The codifier is instructed to only modify the uses and add or modify the qualifying provisions as
described in this section and as shown in the selected portion of the table above and to make no
other revisions to said table as part of this ordinance.
Additional note to codifier: This ordinance adopts qualifying provision number 16 to read as
shown above, which qualifying provision was temporarily adopted (albeit with additional
language pertaining to legal conforming status of assisted living facilities established before June
12, 2015) pursuant to Ordinance 26 of 2015, said temporary land use ordinance expiring on or
about December 16, 2015.
SECTION 7. Amending the text of Chapter 21A.36. Chapter 21A.36 of the Salt Lake City
Code (Zoning: General Provisions) shall be, and hereby is, amended by repealing Sections
21A.36.040, 21A.36.050, 21A.36.060, 21A.36.070, 21A.36.080, and 21A.36.100. Said sections
shall be deleted in their entirety.
SECTION 8. Amending Table 21A.44.030 of the Salt Lake City Code. Table 21A.44.030
in Subsection 21A.44.050 of the Salt Lake City Code (Zoning: Off Street Parking, Mobility and
Loading: Number of Off Street Parking Spaces Required) shall be, and hereby is, amended to
delete the text and associated parking requirements for the uses: "Congregate care facility" and
"Sanatorium, nursing care facility".
The codifier is instructed to only modify the parking requirements as described in this
section and to make no other revisions to said table as part of this ordinance.
SECTION 9. Amending text of Section 21A.60.020. Section 21A.60.020 of the Salt Lake
City Code shall be, and hereby is, amended to delete the following terms from the list of
defined terms: "Dwelling, assisted living facility", "Dwelling, congregate care facility",
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"Dwelling,resident healthcare facility","Dwelling,residential substance abuse treatment
home(large)","Dwelling,residential substance abuse treatment home(small)",
"Dwelling,transitional victim home(large)","Dwelling,transitional victim home
(small)","Nursing care facility,sanatorium",and"Sanatorium". Said list of defined
terms shall further be amended to add the following terms to be inserted in alphabetical
order:"Dwelling,assisted living facility(limited capacity)","Dwelling,residential
support(large)","Dwelling,residential support(small)","End of Life Care",and
"Hospice".
The codifier is instructed to only modify the defined terms as described in this section
and shown above and to make no other revisions to said section as part of this ordinance.
SECTION 10. Amending text of Section 21A.62.040.Section 21A.62.040 of the Salt
Lake City Code(Zoning:Definitions:Definitions of Terms),shall be,and hereby is,amended as
follows:
a. Deleting the definitions of the terms:"DWELLING,ASSISTED LIVING
FACILITY","DWELLING,CONGREGATE CARE FACILITY","DWELLING,RESIDENT
HEALTH CARE FACILITY","DWELLING,RESIDENTIAL SUBSTANCE ABUSE
TREATMENT HOME(LARGE)","DWELLING,RESIDENTIAL SUBSTANCE ABUSE
TREATMENT HOME(SMALL)",and"NURSING CARE FACILITY,SANITORIUM"and
"SANATORIUM".
b. Modifying the definitions of the terms:"BOARDING HOUSE",
"CONVENT/MONASTERY","DWELLING,ASSISTED LIVING FACILITY(LARGE)",
"DWELLING,ASSISTED LIVING FACILITY(SMALL)","DWELLING,GROUP HOME
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(LARGE)", "DWELLING, GROUP HOME (SMALL)", "DWELLING, TRANSITIONAL
VICTIM HOME (LARGE)", "DWELLING, TRANSITIONAL VICTIM HOME (SMALL)",
"ELEEMOSYNARY FACILITY", "FAMILY", and "NURSING CARE FACILITY" to read as
follows:
BOARDING HOUSE: See DWELLING, ROOMING (BOARDING) HOUSE.
CONVENT/MONASTERY: The dwelling place for a community of persons bound by
vows to a religious order or congregation.
DWELLING, ASSISTED LIVING FACILITY (LARGE): A residential facility,
occupied by seventeen (17) to twenty-five (25) individuals, licensed by the state of Utah
under Title 26, Chapter 21 of the Utah Code or its successor, that provides health care
and assistance with activities of daily living and social care, including hospice care and
respite care, as defined in Utah Code Section 26-21-2 or its successor.
DWELLING, ASSISTED LIVING FACILITY (SMALL): A residential facility,
occupied by six (6) to sixteen (16) individuals, licensed by the state of Utah under Title
26, Chapter 21 of the Utah Code or its successor, that provides health care and assistance
with activities of daily living and social care, including hospice care and respite care, as
defined in Utah Code Section 26-21-2 or its successor.
DWELLING, GROUP HOME (LARGE): A residential treatment facility, occupied by
seven (7) or more individuals, licensed by the state of Utah under Title 62A, Chapter 2
of the Utah Code or its successor that provides a 24-hour group living environment for
individuals unrelated to the owner or provider that offers room or board and specialized
treatment, behavior modification, rehabilitation, discipline, emotional growth, or
habilitation services for persons with emotional, psychological, developmental, or
behavioral dysfunctions, impairments, or chemical dependencies. A Group Home
Dwelling includes a recovery residence, but does not include a boarding school or foster
home as defined in Title 62A, Chapter 2 of the Utah Code or its successor, or a
residential support dwelling as defined in this chapter.
DWELLING, GROUP HOME (SMALL): A residential treatment facility, occupied by
two (2) to six (6) individuals, licensed by the state of Utah under Title 62A, Chapter 2 of
the Utah Code or its successor that provides a 24-hour group living environment for
individuals unrelated to the owner or provider that offers room or board and specialized
treatment, behavior modification, rehabilitation, discipline, emotional growth, or
habilitation services for persons with emotional, psychological, developmental, or
behavioral dysfunctions, impairments, or chemical dependencies. A Group Home
Dwelling includes a recovery residence, but does not include a boarding school or foster
home as defined in Title 62A, Chapter 2 of the Utah Code or its successor, or a
residential support dwelling as defined in this chapter.
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DWELLING, RESIDENTIAL SUPPORT (LARGE): A residential facility, occupied by
seven (7) or more unrelated individuals, licensed by the state of Utah under Title 62A,
Chapter 2 of the Utah Code or its successor which provides the necessities of life as a
protective service to individuals or families who have a disability or who are
experiencing a dislocation or emergency that prevents them from providing these services
for themselves or their families.
DWELLING, RESIDENTIAL SUPPORT (SMALL): A residential facility, occupied by
up to six (6) unrelated individuals, licensed by the state of Utah under Title 62A, Chapter
2 of the Utah Code or its successor which provides the necessities of life as a protective
service to individuals or families who have a disability or who are experiencing a
dislocation or emergency that prevents them from providing these services for themselves
or their families.
ELEEMOSYNARY FACILITY: A facility operated by a nonprofit charitable
organization or government entity to provide temporary housing and assistance to
individuals who suffer from and are being treated for trauma, injury or disease and/or
their family members. Eleemosynary facilities are traditionally not funded wholly by
government but are usually supported by philanthropic, corporate, and private funding.
The term "eleemosynary facility" does not include places of worship, social and
community services organizations, homeless shelters, community dining halls, group
home dwellings, residential support dwellings, and other similar facilities.
FAMILY:
A. One or more persons related by blood, marriage, adoption, or legal
guardianship, including foster children, living together as a single housekeeping unit in a
dwelling unit; or
B. A group of not more than three (3) persons not related by blood, marriage,
adoption, or legal guardianship living together as a single housekeeping unit in a dwelling
unit; or
C. Two (2) unrelated persons and their children living together as a single
housekeeping unit in a dwelling unit.
The term "family" shall not be construed to mean a club, group home, residential support
dwelling, a lodge or a fraternity/sorority house.
NURSING CARE FACILITY: A health care facility licensed by the state of Utah under
Title 26, Chapter 21 of the Utah Code, or its successor, other than a general acute or
specialty hospital, constructed, licensed, and operated to provide patient living
accommodations, twenty-four (24) hour staff availability, and at least two (2) of the
following patient services:
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A.A selection of patient care services,under the direction and supervision of a
registered nurse,ranging from continuous medical,skilled nursing,psychological,or
other professional therapies to intermittent health-related or paraprofessional personal
care services;
B.A structured,supportive social living environment based on a professionally
designed and supervised treatment plan,oriented to the individual's habilitation or
rehabilitation needs;or
C.A supervised living environment that provides support,training,or assistance
with individual activities of daily living.
c. Adding the following terms,to be inserted in alphabetical order:"DWELLING,
ASSISTED LIVING FACILITY(LIMITED CAPACITY)","END OF LIFE CARE",and
"HOSPICE",which added definitions shall read as follows:
DWELLING,ASSISTED LIVING FACILITY(LIMITED CAPACITY):A residential
facility,occupied by two(2)to five(5)individuals,licensed by the state of Utah under
Title 26,Chapter 21 of the Utah Code or its successor,that provides health care and
assistance with activities of daily living and social care,including hospice care and
respite care,as defined in Utah Code Section 26-21-2 or its successor.
END OF LIFE CARE:Care given to the terminally ill which includes medical,palliative,
psychosocial,spiritual,bereavement and supportive care,and treatment.
HOSPICE:A program of care for the terminally ill and their families which occurs in a
home or in a health care facility and which provides medical,palliative,psychological,
spiritual,and supportive care and treatment.
The codifier is instructed to only modify the definitions as described in this section and
listed above and make no other revisions to said subsection as part of this ordinance.
SECTION 11. This ordinance shall become effective on the date of its first publication.
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Passed by the City Council of Salt Lake City, Utah this gip day of December , 2015.
CHAI RSON
AT" _ T:
C Y RECORDER
Transmitted to Mayor on December 15, 2015 .
Mayor's Action: X Approved. Vetoed.
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ITY RECORDER .,I :+ . u
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fir` yORA;i;E'SQPvr APPROVED AS TO FORM
Bill No. 70 of 2015. y44,4%.*++•`- Salt Lake City Attorney's Office ^T
Date: 20J1
Published: December 24, 2015
I-lB ATTY-#49133-v6-Ordinance amending_assisted_living_facilities.DOCX By.
— — P d C.Nielson, ery r City Attorney
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