Current through 2024 Legislative Session
Section 25-16-14 - Definitions - Group homes for individuals with developmental disabilities - Zoning1. For the purposes of this section:a. "Group home" means any community residential facility, foster home, family care facility, or other similar home for individuals with a developmental disability.b. "Individual with a developmental disability" means an individual with a severe, chronic disability which: (1) Is attributable to a mental or physical impairment or combination of mental and physical impairments;(2) Is manifested before the individual attains age twenty-two;(3) Is likely to continue indefinitely;(4) Results in substantial functional limitations in three or more of the following areas of major life activity: (b) Receptive and expressive language;(f) Capacity for independent living; and(g) Economic sufficiency; and(5) Reflects the individual's needs for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are lifelong or extended duration and are individually planned and coordinated.2. Notwithstanding the provisions in chapter 11-33, 40-47, or 58-03, or any other provisions authorizing any political subdivision to establish or enforce zoning regulations, a licensed group home serving six or fewer individuals with a developmental disability must be considered a permitted use in a single-family or equivalent least-density residential zone, and a licensed group home serving eight or fewer individuals with a developmental disability must be considered a permitted use in any area zoned for residential use of greater density than single-family use.Amended by S.L. 2015 , ch. 200( HB 1108 ), § 27, eff. 8/1/2015.