Oklahoma § 60-863

§ 60-863.

Establishment of group home - Procedure.

Oklahoma Statutes - Title 60. Property

A. 1. a.

A group home 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 of this state. No

political subdivision may require that a group home,

its owner, or operator obtain a conditional use

permit, special use permit, special exception, or

variance different from those required for other

dwellings of similar density in the same zone;

provided, however, prior to the establishment of a

group home in any residential area within a political

subdivision, the owner of such home shall file with

the political subdivision an application for the

establishment of such group home in such residential

area. The political subdivision shall provide for

notice to be given to all affected real property

owners. The notice shall contain a legal description

of the property and the street address or approximate

location of the group home.

b.

For the purposes of this section, the term "affected

real property owners" shall mean all owners of real

property which is located within three hundred (300)

feet of the exterior boundary of the property on which

the group home is to be located. The political

subdivision may deny the application if the owner of

the group home fails to obtain a license from the

Department of Human Services or if the group home

fails to comply with the spacing requirements of

subsection B of this section.

2. After the initial approval process, the political

subdivision shall have the right to require a rezoning application,

special exception, or variance filing and a public hearing, if such

procedures are normally required for any other similar use in the

zoning district.

B. 1. Any rules promulgated by the State Board of Health for

purposes of implementing the Community Residential Living for

Persons with Developmental or Physical Disabilities Act shall remain

in effect until such rules are superseded by rules promulgated by

the Commission for Human Services, pursuant to this section. At

such time, rules promulgated by the State Board of Health shall

terminate.

2. For the purposes of safeguarding the health and safety of

persons with developmental or physical disabilities and avoiding an

over-concentration of group homes, either along or in conjunction

with similar community-based residences, within one hundred eighty

(180) days of the effective date of the Community Residential Living

Oklahoma Statutes - Title 60. Property

for Persons with Developmental or Physical Disabilities Act, the

Commission for Human Services shall promulgate rules which shall

encompass the following matters:

a.

limitations on the number of new group homes to be

permitted on blocks, block faces, and other

appropriate geographic areas, to one thousand two

hundred (1,200) feet between group homes, or similar

community residential facilities serving persons in

drug, alcohol, juvenile, child, parole, and other

programs of treatment, care, supervision, or

rehabilitation in a community setting; provided,

however, this provision shall not apply to group homes

located outside of the corporate limits of a

municipality,

b.

assurance that adequate arrangements are made for the

residents of group homes to receive such care and

habilitation as is necessary and appropriate to their

needs and to further their progress towards

independent living,

c.

protection of the health and safety of the residents

of group homes. Compliance with these rules shall not

relieve the operator of any group home of the

obligation to comply with the requirements or

standards of a political subdivision pertaining to

building, housing, health, fire, safety, and motor

vehicle parking space that generally apply to singlefamily residences in the zoning district. No

requirements for business licenses, gross receipt

taxes, environmental impact studies, or clearances may

be imposed on such homes if such fees, taxes, or

clearances are not imposed on all structures in the

zoning district housing a like number of persons. A

group home shall not be excluded from a single family

zone as a result of requirements promulgated by the

Commission,

d.

procedures by which a resident of a residential zoning

district or the governing body of a political

subdivision in which a group home is, or is to be,

located may petition the Department of Human Services

to deny an application for a license to operate a

group home on the grounds that the operation of such a

home would be in violation of the limits established

pursuant to the provisions of subparagraph a of

paragraph 2 of subsection B of this section, and

e.

fees for licenses or renewal of licenses required by

this section.

Oklahoma Statutes - Title 60. Property

C. In order to facilitate the implementation of subparagraph a

of paragraph 2 of subsection B of this section, the Department shall

maintain a list of the location, capacity, and current occupancy of

all group homes. The Department shall ensure that this list shall

not contain the names or other identifiable information about any

residents of such home and that copies of this list shall be

available upon request to any resident of this state and any state

agency or political subdivision.

Added by Laws 1987, c. 169, § 4, eff. Nov. 1, 1987. Amended by Laws

1989, c. 330, § 2, eff. Nov. 1, 1989; Laws 1996, c. 354, § 44, eff.

Nov. 1, 1996; Laws 2003, c. 22, § 1, eff. Nov. 1, 2003.