Montclair Municipal Code Ch. 11.52 Foster Homes

The intent of this chapter is to regulate the location and operation of foster homes to ensure such homes will not have a detrimental effect on the area in which the use is conducted, and that the location and operation will provide for the safety and well-being of persons residing in foster homes.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1815 (part))

A foster home permit shall be granted by the Planning Commission for the care of foster children or persons with disabilities after an application therefor to the Planning Commission and after the Planning Commission has ascertained the following pertinent facts:

A. That the applicant has met the requirements of whatever public agency regulates the activity sought to be approved and shows proof of a license or permit if issued by such agency;

B. That the provisions of the definitions of "family" and "foster family" in Chapter 11.02 of this title are complied with; and

C. That the minimum sleeping and housing standards of the public agency supervising such activity have been complied with.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1815 (part))

The Planning Commission is authorized to grant conditional use permits in such cases where the number of foster children or persons with disabilities exceeds the limits set forth in the definitions of "family" and "foster family" in Chapter 11.02 of this title. In granting a conditional use permit the Planning Commission shall follow the procedures set forth in Chapter 11.78 of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1815 (part))

A foster home permit granted in accordance with the provisions of this chapter may be terminated if the Planning Commission or City Council makes any of the following findings:

A. That any condition of the foster home permit has been violated;

B. That the use has become detrimental to the public health or safety or is deemed to constitute a nuisance;

C. That the permit was obtained by misrepresentation or fraud; or

D. That the use for which the permit was granted has ceased or has been suspended for six consecutive months or more.

(Ord. 99-791 Exh. A (part); prior code § 9-4.1815 (part))