10-12-40: RESIDENTIAL FACILITIES FOR ELDERLY PERSONS:
   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)