{"data":{"id":"us-ok/okla.-stat.-tit.-60-60-863","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 60, § 60-863","heading":"Establishment of group home - Procedure","body":"\n\nA. 1. a. A group home is a residential use of property for the\n\npurposes of zoning and shall be treated as a permitted\n\nuse in all residential zones or districts, including\n\nall single-family residential zones or districts of\n\nall political subdivisions of this state. No\n\npolitical subdivision may require that a group home,\n\nits owner, or operator obtain a conditional use\n\npermit, special use permit, special exception, or\n\nvariance different from those required for other\n\ndwellings of similar density in the same zone;\n\nprovided, however, prior to the establishment of a\n\ngroup home in any residential area within a political\n\nsubdivision, the owner of such home shall file with\n\nthe political subdivision an application for the\n\nestablishment of such group home in such residential\n\narea. The political subdivision shall provide for\n\nnotice to be given to all affected real property\n\nowners. The notice shall contain a legal description\n\nof the property and the street address or approximate\n\nlocation of the group home.\n\nb. For the purposes of this section, the term \"affected\n\nreal property owners\" shall mean all owners of real\n\nproperty which is located within three hundred (300)\n\nfeet of the exterior boundary of the property on which\n\nthe group home is to be located. The political\n\nsubdivision may deny the application if the owner of\n\nthe group home fails to obtain a license from the\n\nDepartment of Human Services or if the group home\n\nfails to comply with the spacing requirements of\n\nsubsection B of this section.\n\n2. After the initial approval process, the political\n\nsubdivision shall have the right to require a rezoning application,\n\nspecial exception, or variance filing and a public hearing, if such\n\nprocedures are normally required for any other similar use in the\n\nzoning district.\n\nB. 1. Any rules promulgated by the State Board of Health for\n\npurposes of implementing the Community Residential Living for\n\nPersons with Developmental or Physical Disabilities Act shall remain\n\nin effect until such rules are superseded by rules promulgated by\n\nthe Commission for Human Services, pursuant to this section. At\n\nsuch time, rules promulgated by the State Board of Health shall\n\nterminate.\n\n2. For the purposes of safeguarding the health and safety of\n\npersons with developmental or physical disabilities and avoiding an\n\nover-concentration of group homes, either along or in conjunction\n\nwith similar community-based residences, within one hundred eighty\n\n(180) days of the effective date of the Community Residential Living\n\nfor Persons with Developmental or Physical Disabilities Act, the\n\nCommission for Human Services shall promulgate rules which shall\n\nencompass the following matters:\n\na. limitations on the number of new group homes to be\n\npermitted on blocks, block faces, and other\n\nappropriate geographic areas, to one thousand two\n\nhundred (1,200) feet between group homes, or similar\n\ncommunity residential facilities serving persons in\n\ndrug, alcohol, juvenile, child, parole, and other\n\nprograms of treatment, care, supervision, or\n\nrehabilitation in a community setting; provided,\n\nhowever, this provision shall not apply to group homes\n\nlocated outside of the corporate limits of a\n\nmunicipality,\n\nb. assurance that adequate arrangements are made for the\n\nresidents of group homes to receive such care and\n\nhabilitation as is necessary and appropriate to their\n\nneeds and to further their progress towards\n\nindependent living,\n\nc. protection of the health and safety of the residents\n\nof group homes. Compliance with these rules shall not\n\nrelieve the operator of any group home of the\n\nobligation to comply with the requirements or\n\nstandards of a political subdivision pertaining to\n\nbuilding, housing, health, fire, safety, and motor\n\nvehicle parking space that generally apply to single-\n\nfamily residences in the zoning district. No\ntion of the health and safety of the residents\n\nof group homes. Compliance with these rules shall not\n\nrelieve the operator of any group home of the\n\nobligation to comply with the requirements or\n\nstandards of a political subdivision pertaining to\n\nbuilding, housing, health, fire, safety, and motor\n\nvehicle parking space that generally apply to single-\n\nfamily residences in the zoning district. No\n\nrequirements for business licenses, gross receipt\n\ntaxes, environmental impact studies, or clearances may\n\nbe imposed on such homes if such fees, taxes, or\n\nclearances are not imposed on all structures in the\n\nzoning district housing a like number of persons. A\n\ngroup home shall not be excluded from a single family\n\nzone as a result of requirements promulgated by the\n\nCommission,\n\nd. procedures by which a resident of a residential zoning\n\ndistrict or the governing body of a political\n\nsubdivision in which a group home is, or is to be,\n\nlocated may petition the Department of Human Services\n\nto deny an application for a license to operate a\n\ngroup home on the grounds that the operation of such a\n\nhome would be in violation of the limits established\n\npursuant to the provisions of subparagraph a of\n\nparagraph 2 of subsection B of this section, and\n\ne. fees for licenses or renewal of licenses required by\n\nthis section.\n\nC. In order to facilitate the implementation of subparagraph a\n\nof paragraph 2 of subsection B of this section, the Department shall\n\nmaintain a list of the location, capacity, and current occupancy of\n\nall group homes. The Department shall ensure that this list shall\n\nnot contain the names or other identifiable information about any\n\nresidents of such home and that copies of this list shall be\n\navailable upon request to any resident of this state and any state\n\nagency or political subdivision.","path":["OK Code","Title 60"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os60.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"795524da33e75d78ca025433681ded2267d6051383804ce0c8e22e49ad8523be","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-60-60-862","next":"us-ok/okla.-stat.-tit.-60-60-864"},"notice":"GroundRules: Original legal text. Not legal advice."}