17-27a-515.   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 the residents 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 desired location; and
     (c) be occupied on a 24-hour-per-day basis by eight or fewer elderly persons in a family-type arrangement.
     (3) A residential facility for elderly persons may not be considered a business because a fee is charged for food or for actual and necessary costs of operation and maintenance of the facility.

Renumbered and Amended by Chapter 254, 2005 General Session
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Last revised: Thursday, May 28, 2009