2946                                      LAWS OF MARYLAND                                    Ch. 430

(1)  Approval of the proposed private group home
FOR MENTALLY RETARDED INDIVIDUALS would serve to accommodate
[mentally retarded] THOSE individuals;

(2)  A public group home FOR MENTALLY RETARDED
INDIVIDUALS is not available currently to meet the need;

(3)  The applicant is a proper person to receive
the certificate of approval;

(4)  The proposed private group home is
appropriate for the stated purpose;

(5)  The PROPOSED private group home meets or, on
completion, will meet the requirements that the Director
adopts under this subtitle; and

(6)  The PROPOSED private group home 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;

occupied;

space;

(ii) The land that may be covered or

(iii) The size of yards that require open

(iv) The density of population; and

(v) The use of any land and buildings.

(b) (1) This subsection applies only to a private
group home FOR MENTALLY RETARDED INDIVIDUALS that a
nonprofit person operates.

(2) To avoid discrimination in housing and to
afford a natural, residential setting, a private group home
FOR MENTALLY RETARDED INDIVIDUALS:

(i) Is deemed conclusively a single-family
dwelling;

(ii) Is permitted to locate in all
residential zones; and

(iii) May not be subject to any special

exception, conditional use permit, or procedure that differs
from that required for a single-family dwelling of similar
density in the same zone.

7-417.