Arkansas Code of 1987 (2023) › Title 14 - LOCAL GOVERNMENT (§§ 14-1-101 — 14-387-706) › Subtitle 3 - MUNICIPAL GOVERNMENT (§§ 14-37-101 — 14-62-115) › Chapter 56 - MUNICIPAL BUILDING AND ZONING REGULATIONS - PLANNING (§§ 14-56-101 — 14-56-605) › Subchapter 2 - BUILDING REGULATIONS (§§ 14-56-201 — 14-56-204) › Section 14-56-204 - Municipal regulation of residential building design elements prohibited - Findings - Exceptions - Definitions

(a)
The General Assembly finds that:
(1)
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;
(2)
It is difficult and expensive for citizens to readily access fundamental property rights protection in federal court; and
(3)
This section is necessary to ensure property rights protection is accessible and to ensure state law is consistent with federal law.
(b)
A municipality shall not regulate residential building design elements.
(c)
(1)
As used in this section, "residential building design elements" means:
(A)
Exterior building color;
(B)
Type or style of exterior cladding material;
(C)
Style or materials of roof structures, roof pitches, or porches;
(D)
Exterior nonstructural architectural ornamentation;
(E)
Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures;
(F)
The number and types of rooms;
(G)
The interior layout of rooms; and
(H)
The minimum square footage of a structure.
(2)
As used in this section, "residential building design elements" does not include:
(A)
The height, bulk, orientation, or location of a structure on a lot; or
(B)
Buffering or screening used to:
(i)
Minimize visual impacts;
(ii)
Mitigate the impacts of light and noise; or
(iii)
Protect the privacy of neighbors.
(3)
As used in this section, "existing property" means land within a geographic boundary or district as defined by a municipal policy, regulation, or ordinance on or before February 28, 2019.
(d)
This section does not apply to:
(1)
A structure located in an area designated as a local historic district under applicable state law;
(2)
A structure located in an area designated as a historic district on the National Register of Historic Places;
(3)
A structure designated as a local, state, or national historic landmark;
(4)
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 municipality;
(5)
A regulation directly and substantially related to the requirements of applicable state or federal building or safety codes;
(6)
A regulation applied to manufactured housing in a manner consistent with applicable law;
(7)
A regulation adopted as a condition for participation in the National Flood Insurance Program;
(8)
A central business improvement district under the Central Business Improvement District Act, §
14-184-101
et seq.;
(9)
A multifamily residential structure or other nonsingle-family dwelling;
(10)
The application of a municipal policy, regulation, or ordinance affecting residential building design elements if the application:
(A)
Is applied on an existing property in which residential building design elements were regulated on or before February 28, 2019, but not as to any other property thereafter;
(B)
Results in a less restrictive regulation of residential building design elements on existing property than the municipal policy, regulation, or ordinance as it existed on February 28, 2019; or
(C)
Does not affect residential building design elements;
(11)
A municipal policy, regulation, or ordinance derived from the municipality's police power and directly related to an established immediate public health or safety hazard;
(12)
A valid exercise of express statutory authority to regulate residential building design elements under §
14-95-101
et seq. concerning urban service districts; or
(13)
A policy or regulation of an overlay district, if before the policy or regulation is implemented:
(A)
Notice is provided to property owners of an overlay district under §
14-56-422
;
(B)
A petition to support the policy or regulation is attached with signatures of a majority of property owners in the proposed overlay district; and
(C)
The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, §
18-15-1701
et seq.
Amended by Act 2023, No. 203,§ 12, eff. 8/1/2023.
Amended by Act 2021, No. 806,§ 2, eff. 7/28/2021.
Amended by Act 2021, No. 806,§ 1, eff. 7/28/2021.
Added by Act 2019, No. 446,§ 2, eff. 7/24/2019.