Certificates of approval -- Qualifications

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    To qualify for a certificate of approval, an applicant shall satisfy the Secretary that:

        (1)    The proposed private group home is consistent with the State plan;

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

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

        (4)    The proposed private group home meets or, on completion, will meet the licensing requirements of Subtitle 9 of this title;

        (5)    The proposed private group home meets or, on completion, will meet all of the general zoning requirements that apply to the site and that relate to:

            (i)    The height and size of any buildings that are involved;

            (ii)    The land that may be covered or occupied;

            (iii)    The open space requirements;

            (iv)    The density requirements; and

            (v)    The use of any land or buildings; and

        (6)    The applicant’s facilities meet the federal regulation requirements on program accessibility (45 C.F.R. §§ 84.21 through 84.23).


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