§ 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 into account the existing residential population density and the number, occupancy, and location of similar community residential facilities serving persons in drug, alcohol, juvenile, child, parole, and other treatment programs as well as any other dissimilar facilities such as public housing, soup kitchens at churches, and boarding homes. (B) Density limits as follows: City Population Total Number of Homes I and II 1,000 or fewer 1 1,001 - 9,999 1 for every 2,000 10,000 - 49,000 1 for every 3,000 50,000 - 249,000 1 for every 10,000 250,000 - 1 for every 20,000 (C) There shall be three hundred feet (300') between family homes unless otherwise permitted by local ordinance. There shall be three thousand feet (3,000') between family homes in cities over thirty thousand (30,000) population unless otherwise permitted by local ordinance; (2) Assurance that adequate arrangements are made for the residents of family homes to receive such care and habilitation as are necessary and appropriate to their needs and to further their progress towards independent living and that they have access to appropriate services such as public transportation, health care, recreation facilities, and shopping centers; (3) Protection of the health and safety of the residents of Family Homes I and Family Homes II, however, compliance with these rules shall not relieve the owner or operator of any Family Home I or Family Home II of the obligation to comply with the requirements or standards of a political subdivision pertaining to setback, lot size, flood zones, outside appearance, building, housing, health, fire, safety, and motor vehicle parking space that generally apply to single-family residences in the zoning district for Family Homes I or multifamily use districts for Family Homes II. No requirements for business licenses, gross receipt taxes, environmental impact studies, or clearances may be imposed on the homes if those fees, taxes, or clearances are not imposed on all structures in the zoning district housing a like number of persons; and (4) (A) Procedures by which any resident of a residential zoning district or the governing body of a political subdivision in which a Family Home I or Family Home II is or is to be located may petition the division to deny an application for a license to operate a Family Home I or Family Home II on the grounds that the operation of the home would be in violation of the limits established pursuant to subdivision (a)(1)(A) or subdivision (a)(1)(B) of this section or that the proposed location is an area of high risk to the health and safety of the residents of the family home. (B) Petitions claiming the high-risk-area basis for denial must set forth and document one (1) or more of the following high-risk rationales: (i) High crime area; (ii) Close proximity to stored hazardous materials; (iii) Dangerous traffic pattern; (iv) Frequent flooding; or (v) Insufficient fire protection. (b) The division shall furnish a copy of proposed rules promulgated hereunder to the Arkansas Municipal League, the Association of Arkansas Counties, and the Capitol Zoning District Commission at least thirty (30) days before the public hearing to be held thereon.

Legislative History

Amended by Act 2019, No. 315,§ 2159, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2158, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2157, eff. 7/24/2019. Acts 1987, No. 611, § 5.