1155.02 CHILD DAY CARE CENTERS.

This Chapter is intended to provide specific standards for certain uses which, because of the nature of each use or its effect upon persons or property, requires that they be operated in compliance with certain standards and provisions. Such uses shall only be permitted when such uses meet the conditions set forth in this Chapter and this Code.

(Ord. 2018-94. Passed 10-21-19.)

(a) Permitted Uses; Compliance with Code and Building Code. A child day care center shall be permitted in Class U-5, U-7A, U-8, U-8A, U-9 and U-10 Districts, provided that it is in compliance with the following regulations, in addition to all other applicable requirements of this Code and the Building Code.

(b) Definitions. The definitions provided in Ohio R.C. 5104.01, as now adopted or as amended, are incorporated by reference herein.

(1) Application for approval to locate a child day care center shall be made to the Commission by the owner of the building where the proposed use will be located, or such owner's agent. This application may request preliminary approval subject to approval of the location by a State agency within one year. If preliminary approval is granted, an application for final approval will be considered after the final approval by a State agency.

(2) Approval, when granted, is not transferable to another entity without approval from the City.

(3) If a child day care center is sold or transferred, the new owner must apply for new approval. The new owner may operate the child day care center for up to ninety days while the new permit application is pending. A new owner shall be approved if such person meets all requirements of this Code and these Codified Ordinances.

(d) State Approval and Licensing.

(1) The child day care center shall have and continue to have a valid license from an agency of the State of Ohio to operate at such location, and it shall operate at all times in compliance with all applicable laws of the City, the State, the United States and any regulatory agencies of both the State and Federal Governments.

(2) The owner shall file with the Commission copies of documents showing State approval and licensing, and any notice of inspection, findings of violations and plans for correction sent by the State agency and responded to by the child day care center shall be made available to any City inspector upon request.

(e) Building Requirements.

(1) The use shall be located only in a one story building with at least two exits from the child day care center directly to the outside of such building.

(2) The building must contain a sprinkler system approved by the Fire and Rescue Department.

(3) Male and female rest rooms shall be provided within and for the exclusive use of the child day care center, with sufficient facilities as determined by the Commission.

(f) Site Development Plans. The Site Development Plan shall show:

(1) Any outdoor playground, with fences, curbs and locations for child playground equipment.

(2) Drop-off and pick-up areas for the children, with room provided for standing, loading and unloading automobiles.

(3) Off-street parking, which shall be one (1) space per required staff employee, plus one space for every twenty (20) children, measured at maximum occupancy under State law.

(g) Prohibited Employees. No person shall be employed in a child day care center who is prohibited from employment in a day care center or home as provided for in Ohio R.C. 5104.09.

(h) Operation.

(1) A child day care center must be operated in such a manner as to restrain loud noise, yelling or other conduct that will affect other tenants in the same or a neighboring building, and to protect the children.

(2) The outdoor area must be protected from vehicles, noise, smoke, vibration, odor, toxic or noxious fumes, or other hazards which threaten the health, safety and general welfare of the children. The Commission may request assistance in this regard from the City doctor or others.

(3) Any incident or circumstance which threatens the health, safety and general welfare of the children shall be immediately reported to the City Building Department.

(4) No child day care center shall permit any person to smoke in any indoor or outdoor space that is part of the center. This prohibition shall be posted in a conspicuous place at the main entrance of the center.

(Ord. 2018-94. Passed 10-21-19.)

1155.03 ADULT DAY CARE CENTERS.

(a) Definitions.

(1) "Adult Day Care Center" means a building or portion of a building in which an Adult Day Care Program is conducted for any part of a day and the program that is conducted in that building or portion of a building.

(2) "Adult Day Care Program" means a program designed to provide personal care and/or Skilled Nursing Care services to two or more adults for a fee by persons other than their guardians, custodians or relatives by blood or marriage, for any part of but less than twenty-four (24) hours a day in a place other than the adult's own home.

(3) "Personal Care Services" means services, other than Skilled Nursing Care, to assist in the daily care of the participant, including but not limited to a variety of health, social and related support services.

(4) "Skilled Nursing Care" means procedures that require technical skills and knowledge beyond those the untrained person possesses, and that are commonly employed in providing for the physical, mental and emotional needs of the elderly, ill, functionally impaired, or otherwise incapacitated adult.

(b) Permitted Uses; Compliance with Code and Building Code. An Adult Day Care Center shall be permitted in Class U-5, U-7A, U-8, U-8A, U-9 and U-10 Districts, provided that it is in compliance with the following regulations, in addition to all other applicable requirements of this Code and the Building Code. However where a nursing home is already on site, any related Adult Day Care Center shall be considered a compatible and accessory use without reference to the standards herein.

(1) Application for approval to locate an Adult Day Care Center shall be made to the Commission by the owner of the building where the proposed use will be located, or such owner's agent.

(2) Approval for an Occupancy Permit shall be issued to the person who is the owner/operator of the Adult Day Care Center and is not transferable without the approval of the City.

(3) If an Adult Day Care Center is sold or transferred, the new owner/operator must apply for new approval. The new owner/operator may operate the Adult Day Care Center for up to ninety (90) days while the new permit application is pending. A new owner/operator will be approved only if such person meets all requirements of this Code and these Codified Ordinances.

(d) Compliance with Laws.

(1) The Adult Day Care Center shall operate at all times in compliance with all applicable laws of the City, the State, the United States and any applicable regulatory agencies of both the State and Federal Governments.

(2) The owner/operator of the Adult Day Care Center shall file with the Commission copies of documents showing any notice of inspection, findings of violations or plans for correction sent by any governmental agency and responded to by the Adult Day Care Center, which shall be made available to any City inspector upon request.

(3) The Adult Day Care Center shall conform to all State rules, regulations, standards and laws governing or applying to such institutions, which are incorporated by reference herein.

(e) Building and Facility Requirements.

(1) The use shall be located in a one-story building or on the first floor of a multi-story building, and in either instance shall contain at least two (2) exits from the Adult Day Care Center directly to the outside of such building. There shall be no ingress or egress to or from the lobby area of the building.

(2) The building must contain a fire sprinkler system installed in accordance with 4101:2-9 OBBC, approved by the Fire and Rescue and Building Departments.

(3) Male and female rest rooms shall be provided within and for the exclusive use of the Adult Day Care Center, with sufficient facilities as determined by the Commission. Each rest room will meet handicap requirements as defined in the OBBC.

Toilet rooms shall conform to the following:

A. Separate toilet facilities are required for each sex.

B. One (1) water closet for every eight persons with a minimum of two (2) water closets in every toilet room.

C. A minimum of one (1) urinal shall be provided for each male toilet room; thereafter, urinals may be substituted for one-half (.5) of the required number of water closets.

D. One (1) lavatory shall be provided for each two (2) sanitary fixtures (water closet or urinal), but a minimum of one (1) lavatory shall be provided in each toilet room.

E. Twenty-four inches (24") of wash sink or eighteen inches (18") of circular basin shall be considered as one (1) lavatory.

(4) One drinking fountain shall be provided for each fifty (50) persons or less.

(5) The facility shall be accessible to people with disabilities and shall meet all applicable State and Federal guidelines regarding same.

(6) Sound transmission shall be controlled and appropriate sound-proof walls shall be inserted between the facility and facilities containing other tenants in the building. Walls, partitions and floor/ceiling assemblies separating the Adult Day Care Center from other tenants in the building or from public or service areas shall have a sound transmission class (STC) of not less than forty-five (45) for air-borne noise when tested in accordance with ASTM E90 listed in Chapter 35.

(7) A covering to protect participants from inclement weather shall be provided over one (1) outside entrance.

(8) Sufficient kitchen and dining areas shall be provided for the facility's specified requirements and programs.

(9) There shall be a fire alarm protective signaling system and automatic fire detection system serving the Adult Day Care Center, to be approved by the City's Building and Fire and Rescue Departments. In addition there shall be an approved security alarm internally on all exit doors to notify staff of someone leaving the facility.

(10) There shall be slip resistant surfaces on all stairs and ramps.

(f) Site Development Plans. The Site Development Plan shall show:

(1) Drop-off and pick-up areas for the participants, with sufficient space provided for standing, loading and unloading automobiles and accommodations for wheelchairs.

(2) Off-street parking, which shall consist of one (1) parking space for every two hundred (200) square feet of space in the Adult Day Care Center, but in any event there shall be a minimum of ten (10) parking spaces.

(g) Prohibited Employees. No person shall be employed in an Adult Day Care Center who would be prohibited from employment in a day care center or home as provided for in the requirements of Ohio R.C. 5104.09 which applies to child day care centers.

(h) Operation.

(1) An Adult Day Care Center must be operated in such a manner as to restrain loud noise, yelling or other conduct that will affect other tenants in the same or a neighboring building, and to protect the participants.

(2) Any outdoor area specifically affiliated with or utilized by the Adult Day Care Center must be protected from vehicles (other than routine drop-off and pickup), noise, smoke, vibration, odor, toxic or noxious fumes or other hazards which threaten the health, safety and general welfare of the participants. The Commission may request assistance in this regard from the City Doctor or others.

(3) Any incident or circumstance which threatens the health, safety or general welfare of the participants shall be immediately reported to the Safety Director of the City.

(4) At least one (1) registered or licensed nurse shall be on staff and present in the center at all times.

(5) There shall be a minimum of direct care staff to participant ratio of one (1) to eight (8) or better, depending upon the degree of impairment of the participants.

(6) Every Adult Day Care Center shall require criminal records checks of its applicants for employment to be conducted through the Beachwood Police Department, in the same manner provided for child day care centers under the Ohio Revised Code Section 5104.012. The cost of such checks shall be reimbursed to the City by the adult day care center. The results shall be governed by subsection (h) hereof.

(7) No Adult Day Care Center shall permit any person to smoke in any indoor space that is part of the center; provided, however that smoking by visitors, employees and participants may be permitted in a designated, enclosed area which is separately ventilated to the outside. This prohibition shall be posted in a conspicuous place at the main entrance of the center.

(Ord. 2018-94. Passed 10-21-19.)

1155.04 FARMERS MARKETS.

(a) Definitions.

(1) "Farmers Market" means an outdoor market open to the public where at least seventy-five percent (75%) of the displayed inventory of the product sold in each Farmers Market is Farm Products or Value-Added Farm Products.

(2) "Farm Product" means fruits, vegetables, mushrooms, herbs, grains, legumes, nuts, shell eggs, honey or other bee products, flowers, nursery stock, livestock food products (including meat, milk, yogurt, cheese, and other dairy products), and seafood.

(3) "Value-Added Farm Product" means any product processed from a Farm Product, such as baked goods, jams and jellies, canned vegetables, dried fruit, syrups, salsas, salad dressings, flour, coffee, smoked or canned meats or fish, sausages, or prepared foods.

(b) Special Permitted Use. Farmers Markets may be established in the City in any nonresidential district with the approval of the Safety Director and a permit issued by the Building Commissioner. Such a permit shall be issued only when the Safety Director and the Building Commissioner find that the proposed use is a Farmers Market, as defined in subsection (a)(l) hereof, and complies with all the requirements and standards of this section. Wherever feasible, Farmer's Markets are to locate on sites that have convenient pedestrian, bike and public transit access and sufficient off-street parking.

(c) Requirements and Standards. Farmers Markets shall only be permitted subject to the following requirements and standards:

(1) Farmers Markets shall not be operated more than once a week at one location and shall be limited to the months of May through October.

(2) Hours of operation shall be limited to 9:00 a.m. to 2:00 p.m.

(3) There will be no cooking on premises.

(4) Farmers Markets and their vendors shall obtain all required operating and health permits and said permits (or copies) shall be in the possession of the Farmers Market operator or the vendor as applicable, on the site of the Farmers Market during all hours of operation.

(5) Farmers Markets shall be registered with the Ohio Department of Agriculture, Division of Food Safety, and present proof of such registration to the Building Commissioner.

(6) Farmers Markets must have a representative of the operator authorized to direct the operations of all vendors participating in the market on the site of the market during all hours of operation.

(7) The host property must provide waste removal and/or recycling facilities and services, in accordance with applicable codes and as approved by the City, for all Farmers Market operations, including vendors and patrons.

(8) Sanitary facilities for vendors of the Farmers Market must be provided by the host property.

(9) During the hours of operation, dedicated and exclusive parking for the Farmers Market shall be provided at the rate of a minimum of one (1) parking space per booth or vendor.

(10) For the purpose of a Farmers Market only, required on-site parking spaces of the host property may apply towards meeting the number of required parking spaces required for the Farmers Market provided such arrangement does not render the host property deficient in its parking requirement. There shall be a written agreement signed by both the property owner and the Farmers Market Manager establishing that there will be no parking demand associated with the use of the host property for the same parking space(s) during the hours of the Farmers Market operation.

(11) One temporary free-standing sign not to exceed ten (10) square feet in area and six feet (6') in height may be permitted for the Farmers Market provided that a temporary sign permit is obtained from the Building Department and that the location of the sign is approved by the Building Commissioner and the Police Chief. The temporary sign authorized by this subsection shall be installed no sooner than the day before the Farmers Market and shall be removed by the end of the day of the Farmers Market.

(Ord. 2018-94. Passed 10-21-19.)

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