(1) An application for a special use permit for a group-care facility shall be made to the Town Plan and Zoning Commission pursuant to the provisions of § 177-41A and shall include, in addition to the requirements of § 177-41B, such additional information as the Building Inspector, the Director of Health and the Chief of the Fire Department shall deem necessary.

(2) Upon submission of such application:

(a) The Chief of the Fire Department shall forthwith examine said premises for the purpose of determining its suitability for such occupancy with respect to the fire and safety laws and regulations of the state and the Town. The Chief shall file a written report with the Town Plan and Zoning Commission of approval or disapproval of the application. In the event of disapproval, the Chief shall set forth in the report the repairs, alterations or limit in the number of occupants necessary to meet the requirements of the fire and safety laws and regulations or shall report that, in the Chief's opinion, the building cannot be repaired or altered to conform to such requirements.

(b) The Director of Health shall forthwith examine said premises for the purpose of determining suitability for such occupancy with respect to the health and sanitation laws and regulations of the state and Town. The Director shall file a written report with the Town Plan and Zoning Commission of approval or disapproval of the application. In the event of disapproval, the Director shall set forth in the report the repairs, alterations or limit in the number of occupants necessary to meet the requirements of the health and sanitation laws and regulations or shall report that, in the Director's opinion, the building cannot be repaired or altered to conform to such requirements.

(c) The Building Inspector shall forthwith examine said premises for the purpose of determining its suitability for such occupancy with respect to the Building Code and building regulations of the state. The Building Inspector shall file a written report with the Town Plan and Zoning Commission of approval or disapproval of the application. In the event of disapproval, the Building Inspector shall set forth in the report repairs, alterations or a limit in the number of occupants necessary to meet the requirements of the Building Code and regulations or shall state that, in the Building Inspector's opinion, the building cannot be repaired or altered to conform to such requirements.

(3) Upon receipt of such reports, the staff of the Town Plan and Zoning Commission shall immediately forward a copy thereof to the applicant.

C. The Plan and Zoning Commission shall attach such conditions, safeguards or restrictions as are necessary to ensure continued compliance with the terms of the special use permit, including a limitation on the duration of the special use permit.

D. In addition to any other conditions, safeguards or restrictions that the Plan and Zoning Commission may impose, the grant of a special use permit for a group-care facility shall always be subject to the following conditions:

(1) No building shall be occupied as a group-care facility, nor shall any special use permit become effective, until a license to conduct the same has been issued pursuant to the provisions of Chapter 98, Group-Care Facilities.

(2) The development of the premises and the construction or remodeling of the building shall be compatible with the surrounding neighborhood and the residence district and may be specifically restricted by the Plan and Zoning Commission as it deems appropriate in the public interest, including limitations and restrictions on parking.

(3) The building shall be constructed or remodeled in such a manner so that it will remain usable and salable for dwelling use if the use as a group-care facility is terminated.

(4) No special use permit for a group-care facility to serve a particular class of persons shall be changed or expanded to serve another function or to serve any other class of persons without a new and separate special use permit. No enlargement of the occupancy shall be permitted, and no structure shall be enlarged nor any additional building constructed on the premises, without a new, separate and specific special use permit.

(5) No such special use permit shall be granted to house fewer than six persons, excluding the operator, the operator's staff and their respective families.

(6) No such special use permit shall be granted for a location within a radius of less than 1,500 feet from another group-care facility.

E. Notwithstanding the prior grant of a special use permit, the Plan and Zoning Commission may revoke it at any time after due notice and hearing upon a finding that there has been a failure to comply with any of the conditions set forth herein or any of the conditions, safeguards or restrictions imposed by the Plan and Zoning Commission or if it finds that such operation or use unreasonably interferes with the use and enjoyment of neighboring property. The official charged with the enforcement of this chapter may file a complaint for revocation of the special use permit with the Plan and Zoning Commission. This section shall take effect on the 45th day following passage.

See Licenses and Permits for information.
See Public Portal for more information.