HARRY HUGHES, Governor

333

THE SECRETARY SHALL ADOPT APPROPRIATE RULES AND
REGULATIONS FOR ESTABLISHING, LICENSING, AND OPERATING
PUBLIC GROUP HOMES.

(B)  CONTENTS.

THESE RULES AND REGULATIONS SHALL PROVIDE FOR
CONSIDERATION OF:

(1)  THE NUMBER OF INDIVIDUALS WHO
INAPPROPRIATELY LIVE IN LARGE STATE FACILITIES BUT COULD BE
SERVED BEST IN THE COMMUNITY;

(2)  HISTORIC INFORMATION;

(3)  REASONABLE PROJECTIONS;

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

(5)  ZONING CLASSIFICATIONS.

(C)  ZONING CLASSIFICATIONS.

(1)  A PUBLIC GROUP HOME MAY NOT BE LOCATED IN
ANY AREA WHERE A LOCAL ZONING LAW SPECIFICALLY PROHIBITS A
PUBLIC GROUP HOME.

(2)  EXCEPT AS PROVIDED IN PARAGRAPH (1) OF THIS
SUBSECTION AND FOR THESE PURPOSES, A PUBLIC GROUP HOME:

(I)  IS DEEMED CONCLUSIVELY TO BE A
SINGLE-FAMILY DWELLING;

(II)  IS PERMITTED 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.

REVISOR'S NOTE: This section is new language that
combines, without substantive change, former
Article 59A, §§ 19B(b) and 19C.

Although former Article 59A, § 19B(b) listed
factors that the Director must consider in
studying the need for public group homes, former
Article 59A, § 19C incorporated these factors, by
reference. Therefore, these factors are set out
in subsection (b) of this section, to emphasize
that the factors apply to establishing any public
group home -- i.e., whether or not the public
group home is established because this State