§ 25B-5. Standards and procedures for approval of assisted-family housing.

(a) Before approving a proposal to sponsor the development of a site for assisted-family housing or to acquire a developed assisted-family housing facility, except scattered site units and moderately priced dwelling units acquired for assisted-family housing, an agency must hold a legislative, not an adjudicatory, hearing. Notice of the public hearing must be given by at least one publication in one newspaper of general circulation in Montgomery County not less than 15 days before the public hearing. The notice must contain the date, time and location of the hearing, and the location and description of the proposed site and facility. In addition, the approving body must make reasonable efforts to give similar notice by mail to civic bodies or associations within the area in which the facility is to be located. The approving body may use the list of civic associations maintained by the Planning Board as a basis for providing this notice.

(b) After considering the hearing record and all other information before it, the agency must approve the proposal, as submitted or with modifications, if it finds that the nature and location of the housing are consistent with the policy adopted under this Chapter and not inconsistent with other applicable laws and regulations, and must disapprove the proposal if it finds that the nature and location of the housing are inconsistent with the policy adopted under this Chapter or with other applicable laws and regulations. However, the lack of sufficient affordable housing at another location is not a reason to disapprove a proposal.

(c) Nothing in this Chapter prohibits an agency from taking title or control of the site before the public hearing. (1982 L.M.C., ch. 45, § 1; 1993 L.M.C., ch. 37, § 1.)

Note-Formerly, § 25B-6; former § 25B-5 was repealed by 1993 L.M.C., ch. 37, § 1.