(a) The governing body of a local government may adopt an ordinance or resolution:(1) Requiring a sober living home located at a distance equal to or less than one thousand feet (1,000′) from a kindergarten through grade twelve (K-12) educational facility, preschool, or daycare facility to be recognized or certified by an organization, as defined under § 33-2-1401, that is included on a list of approved organizations maintained on the website of the department of mental health and substance abuse services; provided, that the ordinance or resolution with respect to such distance requirement must not apply to a sober living home in operation prior to May 21, 2025 until such home ceases operation;(2) Regulating the location or operation of a sober living home within the jurisdiction of the local government, including, but not limited to, ensuring compliance with applicable state and local zoning laws, and applicable health, safety, fire, and building codes; and(3) Requiring that an operator, prior to authorizing an individual to reside in a sober living home, receive a recommendation or referral from a licensed healthcare provider or a court that the individual reside in a sober living home.
(1) Requiring a sober living home located at a distance equal to or less than one thousand feet (1,000′) from a kindergarten through grade twelve (K-12) educational facility, preschool, or daycare facility to be recognized or certified by an organization, as defined under § 33-2-1401, that is included on a list of approved organizations maintained on the website of the department of mental health and substance abuse services; provided, that the ordinance or resolution with respect to such distance requirement must not apply to a sober living home in operation prior to May 21, 2025 until such home ceases operation;
(2) Regulating the location or operation of a sober living home within the jurisdiction of the local government, including, but not limited to, ensuring compliance with applicable state and local zoning laws, and applicable health, safety, fire, and building codes; and
(3) Requiring that an operator, prior to authorizing an individual to reside in a sober living home, receive a recommendation or referral from a licensed healthcare provider or a court that the individual reside in a sober living home.
(b) An ordinance or resolution adopted pursuant to subsection (a) must comply with the Fair Housing Act, as amended (42 U.S.C. §§ 3601 et seq.) and the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.).