5.42.020 Definitions.
1. For the purposes of this chapter, certain terms and words are defined and are used in this title in that defined context. Any words in this title not defined in this chapter shall be as defined in Webster’s Collegiate Dictionary.
2. As used in this chapter, the following words shall be defined as follows:
“Disability” means a physical or mental impairment that substantially limits one (1) 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. “Disabled” or “disability” does not mean an impairment or limitation caused by the current use of a controlled substance or alcohol.
b. “Disabled” or “disability” also 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.
“DRC” means the development review committee.
“Elderly” means a person who is sixty (60) years or older, who desires to live with other elderly persons in a group setting, but who is capable of living independently.
“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.
“Resident” means persons living at and receiving the benefit of services and facilities provided by a residential care facility, excluding staff and care providers.
“Residential care facility” means a residential care facility for elderly persons, a residential treatment facility for persons with a disability, a residential transition and treatment facility, and a transitional victim home.
“Residential care facility business license” means a business license issued pursuant to this chapter.
“Residential facility for elderly persons” means a residential facility in which more than four (4), but not more than eight (8), 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.
“Residential facility for elderly persons” shall not include any of the following:
a. A facility where persons being treated for alcoholism or drug abuse are placed;
b. 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;
c. A facility which is a healthcare facility as defined by UTAH CODE ANN. 26-21-2, as amended; or
d. A facility which is a residential facility for persons with a disability.
“Residential facility for persons with a disability” means a residential facility in which more than four (4), but no more than eight (8), 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 5, Licensure of Programs and Facilities; or
c. Is licensed by the Department of Health under Utah Code.
d. “Residential facility for persons with a disability” shall not include any of the following:
i. 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;
ii. A facility which is a healthcare facility as defined by UTAH CODE ANN. 26-21-2, as amended.
“Residential transition and treatment facility” means a residential facility that provides a living environment for more than four (4), but not more than eight (8), unrelated individuals, exclusive of staff, and:
a. Is established or maintained with the intent of providing structured peer support to residents with disabilities in an effort to assist residents in acquiring and strengthening social and behavioral skills necessary to transition into successful independent living; and
b. Is licensed or certified by the Department of Human Services under Utah Code Annotated Title 62A, Chapter 5, 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;
d. “Residential transition and treatment facility” shall not include any of the following:
i. 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;
ii. A facility which is a healthcare facility as defined by UTAH CODE ANN. 26-21-2, as amended.
A “transitional victim home” means a residential support facility for up to eight (8) individuals or four (4) families (parent with children) at any given time, and said facility is licensed by the state of Utah as a residential support facility, which provides twenty-four (24) hour care and peer support to victims of abuse or crime and which arranges for or provides the necessities of life and protective services to residents who are temporarily displaced due to abuse, crime, or other emergency.
a. Treatment is not a necessary component of a transitional victim home, but may be provided if the facility and providers are properly licensed by the state. (Ord. 2018-2 § 3, adopted, 2018)