10-9a-518 - Municipal approval of elderly residential facilities.
10-9a-518. Municipal approval of elderly residential facilities.
(1) Upon application for a permit to establish a residential facility for elderly persons inany area where residential dwellings are allowed, except an area zoned to permit exclusivelysingle-family dwellings, the municipality shall grant the requested permit to the facility if thefacility is proposed outside of a zone regulated exclusively for single-family homes and shallotherwise comply with Section 10-9a-519 if the facility is proposed in a land use zone regulatedexclusively for single-family homes.
(2) The use granted and permitted by this section is nontransferable and terminates if thestructure is devoted to a use other than a residential facility for elderly persons or if the structurefails to comply with the ordinances adopted under this section.
(3) If a municipality has not adopted ordinances under this section at the time anapplication for a permit to establish a residential facility for elderly persons is made, themunicipality shall grant the permit if it is established that the criteria set forth in this part havebeen met by the facility.
Renumbered and Amended by Chapter 254, 2005 General Session