§ 8A-8. Issuance or denial of permit.

(a)

Upon payment of the fee and the submission of a complete application, the director shall issue an annual permit to operate a boarding home facility to the applicant, to include the number of authorized residents, if the director determines that:

(1)

The applicant has complied with all requirements within this chapter for issuance of the permit;

(2)

The applicant, owner(s), operator(s) and employee(s) of the boarding home facility meet the criminal history qualifications of section 8A-22 of this chapter;

(3)

The applicant, owner(s), operator(s), or employee(s) of the boarding home facility do not own or operate another permitted boarding home facility in the city for which the permit is currently suspended or has been revoked;

(4)

The applicant has not made a false statement as to a material matter in the application for a permit;

(5)

The condition of the boarding home facility complies with the minimum housing standards in chapter 8 of The Code of Civil and Criminal Ordinances of the City of Irving, Texas, and the boarding home facility has passed the required inspection; and

(6)

The proposed boarding home facility is not within one thousand (1,000) feet of an existing boarding home facility. For purposes of this section, the measurement consists of a straight line without regard to intervening structures or objects, from the nearest property line of the lot or tract on which the proposed boarding home facility is located to the nearest property line of the existing registered or permitted boarding home facility, which requires separation. An exception exists where two (2) or more boarding home facilities exist within one thousand (1,000) feet of each other as of the adoption date of this chapter, such boarding home facilities are exempt from this distance requirement and may remain in operation, but only where they are issued a permit by the city and comply with the remaining requirements of this chapter. Following the issuance of a permit, should the permit be revoked or a boarding home facility cease operations for a period of time greater than ninety (90) days, then the distance requirement will apply.

(b)

If the director determines that the requirements of subsection (a) have not been met and, if applicable, a variance under the chapter has been denied, the director shall deny the permit and notify the applicant in writing that the application is denied, the reason for denial, and a statement informing the applicant of the right to appeal.

(Ord. No. 2015-9654 , § 1, 1-15-15)