§ 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   (4) A general zoning ordinance that conflicts with the provisions of this section is superseded by this section to the extent of the conflict.

HISTORY: An. Code 1957, art. 59, § 62, 65, 68; 1982, ch. 21, § 2; 1991, ch. 425.