§ 17.15.010. Definitions.

1.

Disability means a physical or mental impairment that substantially limits one or more of a person's major life activities, including a person having a record of such a problem or being regarded as having such an impairment.

a.

Disability does not include current illegal use of, and/or resulting addiction to, any federally controlled substance as defined in section 102 of the Controlled Substances Act, 21 U.S.C. 802, or as defied under Utah Code Ann. Title 58, Chapter 37, as amended;

b.

Disabled or disability does not mean an impairment or limitation resulting from or related to kleptomania, pyromania, or any sexually related addiction or disorder, including but not limited to, sex and pornography addictions, pedophilia, exhibitionism, voyeurism, or any other sexual behavior disorder.

2.

Elderly means a person who is sixty years or older, who desires or needs to live with other elderly persons in a group setting, but who is capable of living independently.

3.

Reasonable accommodation means a change in any rule, policy, practice, or service necessary to afford a person with a disability an equal opportunity to use and enjoy a dwelling.

4.

Residential facility, when not used in specific context in relation to a particular type of facility, means residential facility for elderly persons and/or residential facility for persons with a disability.

5.

Residential facility business license means a business license issued pursuant to this Chapter.

6.

Residential facility for elderly persons means a residential facility in which four, but not more than eight, unrelated elderly individuals reside in a family-type arrangement or in a care facility arrangement and have live-in care providers who are paid to assist and care for the residents.

a.

Residential facility for elderly persons shall not include any of the following:

i.

A facility where persons being treated for alcoholism or drug abuse are placed;

ii.

A facility where placement is not on a strictly voluntary basis or where placement is part of, or in lieu of, confinement, rehabilitation, or treatment in a correctional institution;

iii.

A facility which is a healthcare facility as defined by Utah Code Ann. 26-21-2, as amended; or

iv.

A facility which is a residential facility for persons with a disability.

7.

Residential facility for persons with a disability means a residential facility in which no more than eight unrelated individuals, exclusive of staff, who have a disability reside and:

a.

Where treatment services for disabilities are provided to residents such as counseling, therapy, group support and rehabilitation therapies; and

b.

Is licensed or certified by the department of human services under Utah Code Annotated Title 62A, Chapter 2, Licensure of Programs and Facilities; or

c.

Is licensed by the department of health under Utah Code Annotated Title 26, Chapter 21, the Health Care Facility Licensing and Inspection Act.

8.

Zone clearance officer means the city's zone clearance officer as defined by City Code 17.2.400, or the officer's designee (such as the city's planning commission).

(Ord. No. 2017-09-48 , § 12, 9-12-2017)