Compliance with local government zoning regulations - notice to local governments - provisional licensure

(1) The department shall require a residential or day treatment child care facility or an applied behavior analysis clinic seeking a license pursuant to section 26-6-905 to comply with any applicable zoning and land use development regulations of the municipality, city and county, or county where the facility is situated. Failure to comply with applicable zoning and land use regulations constitutes grounds for the denial of a license to a facility. (2) The department shall ensure that timely written notice is provided to the municipality, city and county, or county where a residential or day treatment child care facility or an applied behavior analysis clinic is situated, including the address of the facility or clinic and the population and number of individuals to be served by the facility or clinic, when any of the following occurs: (a) A person applies for a license to operate a facility pursuant to section 26-6-905; (b) A license is granted to operate a facility pursuant to section 26-6-905; or (c) A change is made in the license of a facility. (3) Notwithstanding any other provision of law to the contrary, in the event of a zoning or other delay or dispute between a facility and the municipality, city and county, or county where the facility is situated, the department may grant a provisional license to the facility for up to six months pending resolution of the delay or dispute. (4) (a) Repealed. (b) On and after July 1, 2024, the provisions of this section do not apply to a foster care home certified pursuant to this part 9 or to a specialized group facility that is licensed to provide care for three or more children pursuant to this part 9 but that is providing care for three or fewer children who are determined to have an intellectual and developmental disability by a case management agency, as defined in section 25.5-6-1702, or who have a serious emotional disturbance.