§ 20-48-609. Comprehensive plans
(a) Any political subdivision which currently has zoning restrictions or hereafter adopts zoning restrictions may develop a comprehensive plan for providing adequate sites for Family Homes I and Family Homes II and submit the plan to the Division of Developmental Disabilities Services of the Department of Human Services along with population and occupancy statistics reflecting […]
§ 20-48-610. Compliance with appearance or structural requirements in certain districts
Nothing in this subchapter shall be construed as relieving the owner or operator of any Family Home I or Family Home II of the obligation to comply with outside appearance requirements or structural requirements for location of a Family Home I or Family Home II within a local historic district or within the Capitol Zoning […]
§ 20-48-611. Restriction by private property agreement void
(a) Any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed, or other instrument of or pertaining to the transfer, sale, lease, or use of property that would permit residential use of property but prohibit the use of the property as a Family Home I or Family Home II for individuals with intellectual […]
§ 20-48-601. Title
This subchapter shall be known as the “Location Act for Community Homes for Individuals with Intellectual and Developmental Disabilities”.
§ 20-48-602. Purpose
(a) The General Assembly declares that it is the goal of this subchapter to improve the quality of life of all individuals with intellectual or other developmental disabilities and to integrate individuals with intellectual or other developmental disabilities into the mainstream of society by ensuring them the availability of community residential opportunities in the residential […]
§ 20-48-603. Definitions
As used in this subchapter, unless the context otherwise requires: (1) “Individual with an intellectual and developmental disability” means a person with an intellectual and developmental disability as defined in this section; (2) (A) “Intellectual and developmental disability” means a disability of a person that: (i) Is attributable to an impairment of general intellectual functioning […]
§ 20-48-604. Zoning — Permitted use
(a) A Family Home I is a residential use of property for the purposes of zoning and shall be treated as a permitted use in all residential zones or districts, including all single-family residential zones or districts of all political subdivisions. No political subdivision may require that a Family Home I or its owner or […]
§ 20-48-605. Issuance and renewal of licenses
(a) For the purposes of safeguarding the health and safety of individuals with intellectual or other developmental disabilities and avoiding over-concentration of Family Homes I and Family Homes II, either alone or in conjunction with similar community-based residences, the Division of Developmental Disabilities Services shall inspect and license the operation of family homes and may […]
§ 20-48-606. Rules — Density control
(a) The Division of Developmental Disabilities Services shall promulgate rules pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq., which shall encompass the following matters: (1) (A) Limits on the number of new Family Homes I and Family Homes II to be permitted on blocks, block faces, and other appropriate geographic areas taking […]
§ 20-48-607. Application for license
(a) All applicants for a license to operate a Family Home I or Family Home II shall apply to the Division of Developmental Disabilities Services for the license and shall file a copy of the application with the governing body of the political subdivision having jurisdiction over the zoning of the land on which the […]