Arkansas § 14-17-212 - County regulation of residential building design elements prohibited — Findings — Exceptions — Definition.

§ 14-17-212. County regulation of residential building design elements prohibited — Findings — Exceptions — Definition.

The General Assembly finds that: The Fair Housing Act, 42 U.S.C. § 3601 et seq., decisions of the United States Supreme Court, and other provisions of federal law establish the principles and standards in this section; It is difficult and expensive for citizens to readily access fundamental property rights protection in federal court; and This section is necessary to ensure property rights protection is accessible and to ensure state law is consistent with federal law. A county shall not regulate residential building design elements. As used in this section, “residential building design elements” means: Exterior building color; Type or style of exterior cladding material; Style or materials of roof structures, roof pitches, or porches; Exterior nonstructural architectural ornamentation; Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures; The number and types of rooms; The interior layout of rooms; and The minimum square footage of a structure. As used in this section, “residential building design elements” does not include: The height, bulk, orientation, or location of a structure on a lot; or Buffering or screening used to: Minimize visual impacts; Mitigate the impacts of light and noise; or Protect the privacy of neighbors. This section does not apply to: A structure located in an area designated as a local historic district under applicable state law; A structure located in an area designated as a historic district on the National Register of Historic Places; A structure designated as a local, state, or national historic landmark; A regulation created by a valid private covenant or other contractual agreement among property owners relating to residential building design elements, including without limitation a cooperative contractual agreement between a property owner and a county; A regulation directly and substantially related to the requirements of applicable state or federal building or safety codes; A regulation applied to manufactured housing in a manner consistent with applicable law; A regulation adopted as a condition for participation in the National Flood Insurance Program; A central business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.; A multifamily residential structure or other nonsingle-family dwelling; The application of a county policy, regulation, or ordinance affecting residential building design elements on an existing property on or before February 28, 2019, but not as to any other property thereafter; A county policy, regulation, or ordinance derived from the county's police power and directly related to an established immediate public health or safety hazard; A valid exercise of express statutory authority to regulate residential building design elements under § 14-95-101 et seq., concerning urban service districts; or A policy or regulation of an overlay district, if before the policy or regulation is implemented: Notice is provided to property owners of an overlay district under § 14-56-422; A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq.