Current through Vol. 42, No. 1, September 16, 2024
(a)
Purpose. It is the purpose
of this section to establish regulations for certain group living facilities
and to properly integrate these uses into the existing environment and to
assure continued stability in the areas in which they are located. In some
cases, group homes while not strictly residential, can be incorporated into a
residential setting. These facilities may be authorized only if the
requirements of this section are met.
(b)
Conditional use permit
required. Due to the nature and multiple functions of these type uses, a
conditional use permit is required for each and every facility in this section
and will be reviewed in accordance with OAC
120:10-13-19.
(1)
Group living facility. Group
living facility as defined in OAC
120:10-1-3 may be
permitted in the following zoning districts:
(A) Low Rise General Residential District
(RD-3)
(B) High Rise General
Residential District (RD-4)
(C)
Neighborhood Commercial District (CN)
(2)
Chemical dependency treatment
center, residential. Chemical dependency treatment center, residential,
as defined in OAC
120:10-1-3 may be
permitted in the following zoning districts:
(A) Low Rise General Residential District
(RD-3)
(B) High Rise General
Residential District (RD-4)
(C)
Neighborhood Commercial District (CN)
(D) Any Industrial District ("I")
(3)
Drug treatment center or
halfway house. Drug treatment center or halfway house, as defined in OAC
120:10-1-3, may be
permitted in the following zoning districts:
(A) Low Rise General Residential District
(RD-3)
(B) High Rise General
Residential District (RD-4)
(C)
Neighborhood Commercial District (CN)
(D) Any Industrial District ("I")
(4)
Group home. Group
home, as defined in OAC
120:10-1-3, may be
permitted in the following zoning districts:
(A) Low Rise General Residential District
(RD-3)
(B) High Rise General
Residential District (RD-4)
(C)
Neighborhood Commercial District (CN)
(5)
Juvenile treatment center,
residential. Juvenile treatment center, residential, as defined in OAC
120:10-1-3, may be
permitted in the following zoning districts:
(A) Low Rise General Residential District
(RD-3)
(B) High Rise General
Residential District (RD-4)
(C)
Neighborhood Commercial District (CN)
(6)
Transitional living
facilities. Transitional living facilities, as defined in OAC
120:10-1-3, may be
permitted in the following zoning districts:
(A) Neighborhood Commercial District
(CN)
(B) Any Industrial District
("I")
(c)
Additional regulations.
(1)
Residential facilities shall be constructed in accordance with the Low Rise
General Residential District (RD-3) regulations for dwellings.
(2) These facilities shall be maintained and
operated in such a manner they do not provide a negative impact on surrounding
properties.
(3) Off-street parking
shall be provided in accordance with Subchapter 7 and Subchapter 17.
(4) All signage shall be in compliance with
Subchapter 15 and must be reviewed and approved by the Commission prior to
installation.
(5) Any person or
entity proposing any group home defined in this section shall be required to
submit to the Commission for its consideration, information that includes, but
is not limited to, the following:
(A) Program
of operation
(B) Number of full
time and part time staff and/or volunteers
(C) Maximum number of occupants
(D) Owner, operator or benefactor
(E) Security measures
(F) Any governmental licenses or contracts
required for the operation of the facility
(6) Conditional use permits are
non-transferable. Any new operation or operator on the same land or building
previously used for a group home must submit a conditional use permit and all
other information required. Any increase in occupancy, density, or amendments
to the program of operation of a previously approved group home must be
submitted to and approved by the Commission.
(7) Any group home operating at the time of
the approval of this regulation is considered a legal nonconforming use and
will be allowed to continue until it ceases to operate under the current
ownership.
(8) Any group home that
operates contrary to the approved permit and/or conditions of the approval will
be considered illegal and in violation of the permit. The Commission will take
the necessary action to achieve compliance or the owner will be ordered to
cease the operation.