Group homes are intended to provide living arrangements for mentally or physically disabled persons in a neighborhood environment. Group homes provide twenty-four (24) hour care for nine (9) or fewer persons and are approved or licensed by a state agency or department or under contract with an agency or department for that purpose. Residents of a group home are perceived as a natural family as if related by blood or marriage. Following are specific procedures for locating such a home:
(A) Prior to locating the home, the owner or operator must give prior notice to the local governing body advising of the exact site of the proposed home.
(B) The notice must identify the individual responsible for site selection.
(C) If the local governing body objects to the selected site, it must notify the individual responsible for site selection within fifteen (15) days of receiving the notice. It must also appoint a representative to assist in selecting a comparable, alternate site. This triggers the following actions:
(1) The site selection representative of the entity and the representative of the governing body must select a third, mutually agreeable person to assist with the selection.
(2) The three (3) people have forty five (45) days to make a final site selection by majority vote.
(3) This final site selection is binding on both the proposing entity and the governing body.
(D) In the event no selection is made by the end of the forty-five (45) day period, the entity establishing the home shall select the site without further proceedings.
(E) An application for a variance is not required.
(F) The licensing agency must screen prospective residents of these homes to ensure that the placement is appropriate.
(G) The licensing agency shall conduct reviews of these homes at least every six (6) months to promote the rehabilitative purposes of the homes and to confirm compatibility with their neighborhoods.
(H) If the City of Dillon determines that other requirements of this ordinance or other ordinances is violated by these procedures, it may apply to a court of competent jurisdiction for injunctive or such other relief as the court may consider proper.