Nimby Assessment

Applying Spacing Restrictions in Error

Background on the Impediment

The town has denied RC a certificate of occupancy necessary to move forward with acquisition of the home and operation of its supportive housing project on the grounds that the project does not meet the spacing criterion that only allows the development of group homes no less than 2,500 feet from another group home. The first course of action for RC is to determine whether the spacing policy in question is being applied correctly to its supportive housing project.

After reviewing the policy in question with the assistance of legal counsel, RC may find that the project is not subject to the spacing restriction in question or that the project does not violate the spacing criterion. See the responses section for examples of questions RC can ask about the ordinance and its application to the supportive housing project.

On the other hand, RC may determine that the town is correctly applying the spacing restriction, which triggers the need for a special use permit. In that case, RC still has a number of means at its disposal for overcoming the barrier. Consult the spacing restrictions make it necessary to pursue a special use permit impediment for more information on RC's options for pursuing the supportive housing project under this circumstance.

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