Municipal regulation of residential building design elements prohibited — Findings — Exceptions — Definitions

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  2. Arkansas Code
  3. Local Government
  4. Municipal Government
  5. Municipal Building and Zoning Regulations — Planning
  6. Building Regulations
  7. Municipal regulation of residential building design elements prohibited — Findings — Exceptions — Definitions

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  1. (a) The General Assembly finds that:

    1. (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. (2) It is difficult and expensive for citizens to readily access fundamental property rights protection in federal court; and

    3. (3) This section is necessary to ensure property rights protection is accessible and to ensure state law is consistent with federal law.

  2. (b) A municipality shall not regulate residential building design elements.

  3. (c)

    1. (1) As used in this section, “residential building design elements” means:

      1. (A) Exterior building color;

      2. (B) Type or style of exterior cladding material;

      3. (C) Style or materials of roof structures, roof pitches, or porches;

      4. (D) Exterior nonstructural architectural ornamentation;

      5. (E) Location, design, placement, or architectural styling of windows and doors, including garage doors and garage structures;

      6. (F) The number and types of rooms;

      7. (G) The interior layout of rooms; and

      8. (H) The minimum square footage of a structure.

    2. (2) As used in this section, “residential building design elements” does not include:

      1. (A) The height, bulk, orientation, or location of a structure on a lot; or

      2. (B) Buffering or screening used to:

        1. (i) Minimize visual impacts;

        2. (ii) Mitigate the impacts of light and noise; or

        3. (iii) Protect the privacy of neighbors.

  4. (d) This section does not apply to:

    1. (1) A structure located in an area designated as a local historic district under applicable state law;

    2. (2) A structure located in an area designated as a historic district on the National Register of Historic Places;

    3. (3) A structure designated as a local, state, or national historic landmark;

    4. (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. (5) A regulation directly and substantially related to the requirements of applicable state or federal building or safety codes;

    6. (6) A regulation applied to manufactured housing in a manner consistent with applicable law;

    7. (7) A regulation adopted as a condition for participation in the National Flood Insurance Program;

    8. (8) A central business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.;

    9. (9) A multifamily residential structure or other nonsingle-family dwelling;

    10. (10) The application of a municipal 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;

    11. (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. (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. (13) A policy or regulation of an overlay district, if before the policy or regulation is implemented:

      1. (A) Notice is provided to property owners of an overlay district under § 14-56-422;

      2. (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

      3. (C) The overlay district makes a determination that the policy or regulation complies with the Private Property Protection Act, § 18-15-1701 et seq.


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