9-462.15. Assisted living homes; occupancy cap; zoning regulations; relief; state preemption; applicability; definition

A. A municipality may not adopt, enforce or maintain any law, ordinance or other regulation relating to the operation of an assisted living home that does any of the following:

1. Imposes a cap on the number of residents who may reside at an assisted living home that is lower than ten residents.

2. Restricts an assisted living home from operating on a property that is zoned for residential use based on either of the following:

(a) The number of residents who reside at the assisted living home if the number of residents is ten or fewer.

(b) The classification of the assisted living home as assisted living use.

3. Requires an assisted living home to obtain a variance, conditional use permit, reasonable accommodation or rezoning based solely on the number of residents who reside at the assisted living home.

B. Except as provided in subsection A of this section, a municipality may enforce and maintain zoning, building, fire, safety and health codes and regulations if the codes and regulations do not have the effect of imposing an occupancy limit that is more restrictive than what is allowed pursuant to the assisted living home's license.

C. A person may assert a violation of this section and may bring an action for declaratory or injunctive relief in a court of competent jurisdiction.  The court may award attorney fees and costs to a prevailing plaintiff.

D. The occupancy limit of an assisted living home is of statewide concern.  The occupancy limit of an assisted living home pursuant to this section is not subject to further regulations by a municipality and preempts all inconsistent laws, ordinances or other regulations adopted by the municipality.

E. This section does not prohibit or restrict a municipality from adopting a distance requirement prescribed in section 9-462.09.

F. This section applies to an assisted living home that is licensed as of September 12, 2026 and an assisted living home that is licensed after September 12, 2026.

G. For the purposes of this section, "assisted living home" has the same meaning prescribed in section 36-401.