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Session Laws, 1978
Volume 736, Page 2854   View pdf image
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2854

LAWS OF MARYLAND

Ch. 987

(C)    IN ORDER TO AVOID DISCRIMINATION IN HOUSING, AND
TO AFFORD A NATURAL, RESIDENTIAL SETTING, THE PRIVATE GROUP
HOME SHALL CONCLUSIVELY BE DEEMED A SINGLE FAMILY
RESIDENTIAL USE, AS IN THE CASE OF A PUBLIC GROUP HOME.
PRIVATE GROUP HOMES SHALL BE PERMITTED IN ALL RESIDENTIAL
ZONES, INCLUDING ANY ZONE CLASSIFIED FOR SINGLE FAMILY
DWELLINGS OF ANY KIND OR NATURE. PRIVATE GROUP HOMES 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.

(D)    IF A GENERAL ZONING ORDINANCE OR REGULATION OF
ANY POLITICAL SUBDIVISION OF THE STATE, OR OF ANY COUNTY,
CONTRAVENES THE TERMS AND PROVISIONS OF THIS SECTION, OR ANY
SUPPLEMENTING RULE OR REGULATION OF THIS SECTION, THE
GENERAL ZONING ORDINANCE OR REGULATION SHALL BE SUPERSEDED
TO THE EXTENT OF ANY CONFLICT.

(E)    THE PROVISIONS OF THIS SECTION RELATING TO
ZONING, APPLY ONLY TO THE PRIVATE GROUP HOME OPERATED BY A
NONPROFIT PERSON, ASSOCIATION, CORPORATION, OR OTHER
ORGANIZATION, AND NOT TO ANY OPERATION BY ANY PERSON FOR
PROFIT AS A BUSINESS.

22.

(b) [In the event the Administration suspends, revokes,
or refuses to issue a license, the person aggrieved may
appeal to the board of review of the Department of Health
and Mental Hygiene and may take such further appeal as is
allowed by the Administrative Procedure Act.] ANY PERSON
AGGRIEVED BY A FINAL DECISION OF THE DIRECTOR DENYING A
CERTIFICATE OF APPROVAL, OR, DENYING, SUSPENDING, REVOKING,
OR REFUSING TO RENEW A LICENSE FOR A PRIVATE GROUP HOME, OR
BY ANY OTHER FINAL ACTION OF THE DIRECTOR, MAY APPEAL TO THE

BOARD OF REVIEW OF THE DEPARTMENT OF HEALTH AND MENTAL

HYGIENE IN__ACCORDANCE WITH THE PROVISIONS OF §206B OF

ARTICLE 41 OF THIS CODE. ANY PERSON AGGRIEVED BY A FINAL

DECISION OF THE BOARD OF REVIEW MAY APPEAL TO THE BALTIMORE
CITY COURT OR TO THE CIRCUIT COURT OF THE COUNTY IN WHICH
THE PRIVATE FACILITY IS OR WILL BE LOCATED. APPEALS MAY BE
TAKEN FROM THESE COURTS TO THE COURT OF SPECIAL APPEALS OF
MARYLAND. ALL APPEALS SHALL BE GOVERNED BY THE PROVISIONS
OF §§ 255 AND 256 OF ARTICLE 41 OF THIS CODE, AS AMENDED
FROM TIME TO TIME (ADMINISTRATIVE PROCEDURE ACT - JUDICIAL
REVIEW).

SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1978.

Approved May 29, 1978.

CHAPTER 988

 

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Session Laws, 1978
Volume 736, Page 2854   View pdf image
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