§ 168-22. Family care home; zoning and other purposes.

§ 168‑22.  Familycare home; zoning and other purposes.

(a)        A family care home shall be deemed a residential use ofproperty for zoning purposes and shall be a permissible use in all residentialdistricts of all political subdivisions. No political subdivision may requirethat a family care home, its owner, or operator obtain, because of the use, aconditional use permit, special use permit, special exception or variance fromany such zoning ordinance or plan; provided, however, that a politicalsubdivision may prohibit a family care home from being located within a one‑halfmile radius of an existing family care home.

(b)        A family care home shall be deemed a residential use ofproperty for the purposes of determining charges or assessments imposed bypolitical subdivisions or businesses for water, sewer, power, telephoneservice, cable television, garbage and trash collection, repairs orimprovements to roads, streets, and sidewalks, and other services, utilities,and improvements. (1981, c. 565, s.1; 1993 (Reg. Sess., 1994), c. 619, s. 1; 1999‑219, s. 3.2.)