BLAIR LEE III, Acting Governor

2849

[38.] 19A.

(1)    There is a need for PUBLIC group homes for
persons who are mentally retarded and whose development
would be enhanced by residing in an appropriate community
based PUBLIC group home in lieu of a large State institution
OR OTHER PUBLIC FACILITY.

(2)    These community based PUBLIC group homes are [but
one component] NECESSARY COMPONENTS in providing for the
residential need of the mentally retarded.

(3)    In order to assure that these PUBLIC group homes
will be accepted in the community and to the maximum extent
practicable, these PUBLIC group homes should be located [by]
AFTER CONSULTATION WITH local government, IN A MANNER
consistent with the principles of normalization, statewide
standards, and with State financial and technical support.

[39.] 19B.

(a) The director, under the direction of the
Secretary, shall evaluate and determine the need, if any,
for one or more PUBLIC group homes in each county or
multicounty region of the State. A COUNTY OR MULTICOUNTY

REGION MAY REQUEST A COMPLETED NEEDS STUDY FROM THE

DIRECTOR. The completed needs study shall be a public
document a copy of which shall be sent to each county or
multicounty region as appropriate.

(b) In determining the needs for PUBLIC group homes
in a county or multicounty region, the following factors
shall be considered:

(1)    Individuals presently residing
inappropriately in large State institutions who could best
be served in their county of origin;

(2)    Historic data; [and]

(3)    Reasonable projections[. ];

(4)    AVAILABILITY OF PRIVATE GROUP HOMES TO MEET
THE PROJECTED NEED; AND

(5)    ZONING CLASSIFICATIONS. ALTHOUGH THE
PUBLIC GROUP HOME IS EXEMPT FROM ANY LOCAL ZONING RULE OR
REGULATION, PUBLIC GROUP HOMES MAY NOT BE LOCATED IN ANY
AREA WHERE SPECIFICALLY PROHIBITED BY THE LOCAL ZONING LAW.
HOWEVER, FOR THE PURPOSES OF THE MENTAL RETARDATION LAW, AND
ZONING, THE PUBLIC GROUP HOME CONCLUSIVELY SHALL BE DEEMED A
SINGLE FAMILY RESIDENTIAL USE, PERMITTED IN ALL RESIDENTIAL
ZONES, INCLUDING ANY ZONE CLASSIFIED ONLY FOR SINGLE FAMILY
DWELLINGS OF ANY KIND OR NATURE, AND MAY NOT BE SUBJECT TO A
SPECIAL EXCEPTION OR CONDITIONAL USE PERMIT OR PROCEDURE
DIFFERENT FROM THOSE REQUIRED FOR A SINGLE FAMILY DWELLING
OF SIMILAR DENSITY IN THE SAME ZONE.