10-9a-516. Residential facilities for elderly persons.
(1) A residential facility for elderly persons may not operate as a business.
(2) A residential facility for elderly persons shall:
(a) be owned by one of the residents or by an immediate family member of one of theresidents or be a facility for which the title has been placed in trust for a resident;
(b) be consistent with any existing, applicable land use ordinance affecting the desiredlocation; and
(c) be occupied on a 24-hour-per-day basis by eight or fewer elderly persons in afamily-type arrangement.
(3) A residential facility for elderly persons may not be considered a business because afee is charged for food or for actual and necessary costs of operation and maintenance of thefacility.

Renumbered and Amended by Chapter 254, 2005 General Session