§ 43A-3-417.1. Treatment facilities, transitional living centers and halfway houses – Nondiscriminatory zoning laws.

Any private treatment facility, transitional living center or halfway house, as defined in Section 3-403 of this title, shall be subject to the nondiscriminatory zoning laws of the state, county or municipality in which located, and the location of such facility is specifically prohibited within one thousand (1,000) feet of any public or private elementary or secondary school.  Provided, that if any public or private elementary or secondary school shall be established within the prohibited distance from any such facility after such facility has been in use as a treatment facility, transitional living center or halfway house, this shall not be a bar to the continued use of the facility as designated so long as it remains in continuous use as designated.  The distance indicated in this section shall be measured from the nearest property line of the school to the nearest property line of the treatment facility, transitional living center or halfway house.  The provisions of this section shall not apply to any treatment facility, transitional living center or halfway house established prior to the effective date of this act.

Added by Laws 1994, c. 213, § 3, emerg. eff. May 20, 1994.  Amended by Laws 2002, c. 230, § 19, eff. Nov. 1, 2002; Laws 2003, c. 46, § 19, emerg. eff. April 8, 2003.