2006 Louisiana Laws - RS 28:478 — Promotion of community based homes

§478.  Promotion of community based homes

A.  In order to achieve uniform statewide implementation of the policies of this Title and of those of the mental retardation law and of the mental health law, it is necessary to establish the statewide policy that community homes are permitted by right in all residential districts zoned for multiple-family dwellings.

B.  The department shall establish appropriate standards with interpretative guidelines and establish monitoring procedures.  In no case shall a community home be placed within a one thousand foot radius of another community home.

C.  The local sponsor shall notify the local governing authority of his intent to file an application to the department to open a community home.  In any area over which a local planning commission has jurisdiction the site selection shall first be submitted to the local planning commission, which shall recommend approval or disapproval of the site to the local governing authority.  The local governing authority shall then affirm or reverse the decision of the planning commission by a majority vote of its entire membership, within forty-five days of the date of the original notification to the local planning commission.  In any area in which there is no local planning commission, the local governing authority shall approve or disapprove the site within forty-five days from the date of the original notification to the local governing authority.  Whenever the local governing authority has disapproved the site, the local sponsor and the department may develop an alternate site selection for the community home which is acceptable to the local sponsor, the local governing authority, and the department.

D.  Whenever the department schedules a public hearing to review any application to open a community home, the department shall notify each legislator whose district encompasses the proposed location of the home.  The notice shall be provided at least five calendar days prior to the public hearing.

E.  Notwithstanding any provision of law to the contrary, the department, upon finding a qualified need for a community home in any parish with a population of not less than one hundred thousand nor more than one hundred forty thousand, according to the last federal decennial census, that would not create an environment or atmosphere that will contradict the principle of integrated community living, may authorize such community home within a one thousand foot radius of another community home after meeting the following requirements:

(1)  A public hearing to review the application for the community home.

(2)  Written documentation supporting the necessity of the placement of the community home.

Added by Acts 1981, No. 892, §1, eff. Aug. 2, 1981; Acts 1985, No. 521, §1, eff. July 12, 1985; Acts 1991, No. 826, §1.

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