A. A residential facility for elderly persons may not operate as a business;
B. A residential facility for elderly persons shall:
1. 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;
2. Be consistent with any existing, applicable land use ordinance affecting the desired location; and
3. Be occupied on a twenty four (24) hour per day basis by eight (8) or fewer elderly persons in a family type arrangement.
C. 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. (Ord. 11-04, 4-12-2011, eff. 6-9-2011)