BLAIR LEE III, Acting Governor                           2853

(1)        THE GRANTING OF THE LICENSE APPROVAL WOULD

SERVE TO ACCOMMODATE MENTALLY RETARDED PERSONS;

(2) A PUBLIC GROUP HOME IS NOT PRESENTLY
AVAILABLE TO MEET THE NEED;

(3)    THE APPLICANT IS A PROPER PERSON TO RECEIVE
THE LICENSE CERTIFICATE APPLIED FOR;

(4)    THE PRIVATE GROUP HOME PROPOSED TO BE
LICENSED APPROVED IS APPROPRIATE FOR THE STATED PURPOSE; AND

(5)    THE PRIVATE GROUP HOME IS, OR UPON
COMPLETION WILL BE, IN COMPLIANCE WITH THE RULES AND
REGULATIONS ADOPTED PURSUANT TO §20 OF THIS ARTICLE, TO THE
EXTENT COMPLIANCE IS THEN DETERMINABLE.

(F) THE DIRECTOR SHALL TAKE ACTION ON EACH
APPLICATION FOR A CERTIFICATE OF APPROVAL OF A PRIVATE GROUP
HOME WITHIN 60 DAYS AFTER FILING, UNLESS OTHERWISE AGREED TO
BY THE APPLICANT. IF THE DIRECTOR FAILS TO TAKE ACTION ON
THE APPLICATION WITHIN THE TIME SPECIFIED, THEN THE
APPLICATION SHALL BE DEEMED TO BE APPROVED AND THE LICENSE

CERTIFICATE OF APPROVAL SHALL BE ISSUED BY THE

ADMINISTRATION.

20C.

(A)    WHEN DETERMINING THE APPROPRIATENESS OF ISSUING

ANY LICENSE FOR THE SITE OF A PRIVATE GROUP HOME, THE

DIRECTOR SHALL CONSIDER THE FOLLOWING:

(1)    THE NATURE AND CHARACTER OF THE AREA
INVOLVED;

(2)    THE AVAILABILITY OF UTILITIES;

(3)    ACCESS TO TRANSPORTATION, SHOPPING,
RECREATION, AND PUBLIC FACILITIES; AND

(4)    GENERAL ZONING REGULATIONS APPLICABLE TO
THE SITE INVOLVED.

(B)    A GENERAL ZONING ORDINANCE APPLICABLE TO THE AREA
IN WHICH THE PRIVATE GROUP HOME IS TO BE ESTABLISHED SHALL
APPLY TO:

(1)    THE HEIGHT AND SIZE OF THE BUILDING AND
STRUCTURES INVOLVED;

(2) LAND WHICH MAY BE COVERED OR OCCUPIED;

(3) AREA OR SIZE OF YARDS REQUIRING OPEN SPACE;

(4) DENSITY OF POPULATION;

(5) USE OF LAND, BUILDINGS, AND STRUCTURES.