36-582

36-582. Residential facilities; zoning; notice;
appeal

A. Unrelated persons living together notwithstanding, a residential facility which
serves six or fewer persons shall be considered a residential use of property for the
purposes of all local zoning ordinances if such facility provides care on a twenty-four
hour per day basis. The residents and operators of such a facility shall be considered a
family for the purposes of any law or zoning ordinance which relates to the residential
use of property. The limitation of six or fewer persons does not include the operator of
a residential facility, members of the operator's family or persons employed as staff,
except that the total number of all persons living at the residential facility shall not
exceed eight.

B. For the purpose of all local ordinances, a residential facility which serves six
or fewer persons shall not be included within the definition of any term which implies
that the residential facility differs in any way from a single family residence.

C. The provisions of this section shall not be construed to forbid any city, county
or other local public entity from placing restrictions on building heights, setback, lot
dimensions and placements of signs of a residential facility which serves six or fewer
persons as long as such restrictions are identical to those applied to other single
family residences.

D. The provisions of this section shall not be construed to forbid the application
to a residential facility of any local ordinance which deals with health and safety,
building standards, environmental impact standards, or any other matter within the
jurisdiction of a local public entity provided that such ordinance does not distinguish
residential facilities which serve six or fewer persons from other single family
dwellings and provided further that such ordinance does not distinguish residents of such
residential facilities from persons who reside in other single family dwellings.

E. A local ordinance which distinguishes, tends to distinguish, or has the effect
of distinguishing residential facilities which serve six or fewer persons from single
family dwellings shall be void and of no effect as applied to such facilities.

F. No conditional use permit, zoning variance, or other zoning clearance shall be
required of a residential facility which serves six or fewer persons which is not
required of a single family residence in the same zone.

G. For the purposes of any contract, deed, or covenant for the transfer of real
property executed subsequent to the effective date of this section, a residential
facility which serves six or fewer persons shall be considered a residential use of
property and a use of property by a single family, notwithstanding any disclaimers to the
contrary.

H. No residential facility shall be established within a twelve hundred foot radius
of an existing residential facility in a residential area.

I. Prior to the establishment of a residential facility in a residential area, the
department shall give at least sixty days written notice to the local government unit
affected. The government unit shall have the right to contest the establishment of a
residential facility in a residential area by written objection filed with the department
within thirty days after receiving notice and may request an administrative hearing
pursuant to title 41, chapter 14, article 3.

J. Other residential facilities which serve seven or more persons shall be a
permitted use in any zone in which residential buildings of similar size, containing
rooms or apartments which are provided on a continuing basis for compensation, are a
permitted use. Nothing in this section shall be construed to prohibit any city or county
from requiring a conditional use permit in order to maintain a residential facility
serving seven or more persons, provided that no conditions shall be imposed on such a
facility which are more restrictive than those imposed on other similar dwellings in the
same zones.

K. The provisions of this article shall apply only to residential facilities
licensed, operated, supported or supervised by the department and the establishment of a
particular facility shall not create any zoning rights with respect to any subsequent use
of the property involved.

L. This article shall apply only as to those government units which have adopted
zoning ordinances which place more restrictions on the establishment of residential
facilities than those pertaining to facilities authorized under this article, except that
the local government unit to which this article does not otherwise apply may require the
same notice and hearing procedures applicable to other zoning matters notwithstanding the
provisions of subsection I of this section.