Section 10-518 - Qualifications of applicants.
§ 10-518. Qualifications of applicants.
(a) In general.- To qualify for a license, an applicant shall satisfy the Secretary that the proposed private group home:
(1) Is needed;
(2) Is compatible with the nature and character of the area involved;
(3) Is near transportation facilities;
(4) Meets or, on completion, will meet the requirements of this subtitle and the rules and regulations that the Secretary adopts under this subtitle; and
(5) Meets or, on completion, will meet all general zoning requirements that apply to the site and that relate to:
(i) The height and size of any buildings that are involved;
(ii) The land that may be covered or occupied;
(iii) The size of yards that require open space;
(iv) The density of population; and
(v) The use of the land and buildings.
(b) Zoning classifications.-
(1) A small private group home:
(i) Is deemed conclusively a single-family dwelling; and
(ii) Is permitted to locate in all residential zones.
(2) A large private group home is deemed conclusively a multi-family dwelling and is permitted to locate in zones of similar density.
(3) A private group home may not be subject to any special exception, conditional use permit, or procedure that differs from that required for a single-family dwelling or a multi-family dwelling of similar density in the same zone.
(4) A general zoning ordinance that conflicts with the provisions of this section is superseded by this section to the extent of the conflict.
[An. Code 1957, art. 59, §§ 62, 65, 68; 1982, ch. 21, § 2; 1991, ch. 425.]