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As used in this chapter, except where the context clearly indicates a different meaning:
(b) "Pre-existing non-conforming use" means a lawful boarding house use that was in existence and legally operating on or up to six months prior to the effective date of this chapter.
(Ord. 09-20. Passed 4-14-20.)
(a) No property owner shall operate or permit to be operated a boarding house without having a valid license from the City of Bexley to do so as hereinafter provided.
(b) Every new boarding house must obtain a license before beginning operation.
(c) Owners of boarding houses must register boarding house properties with the City of Bexley.
(d) Boarding house owners must remit a one hundred twenty-five dollar ($125.00) fee and obtain an annual license in the name of the property owner for the operation of a boarding house in the City, on a registration form approved by the Zoning Officer.
(e) Every boarding house license shall expire one year from following its date of issuance.
(f) The boarding house license shall be displayed in a conspicuous place within the boarding house at all times.
(g) No boarding house license may be issued without the written endorsement of the Zoning Director who may also require the endorsement of the Building Department Director, Safety Director or Code Enforcement Officer.
(h) No boarding house license may be issued for a boarding house property that is not in compliance with the requirements of this chapter, the charter, ordinances, rules and regulations of the City of Bexley and all other applicable laws, rules and regulations at the time of the application and issuance of the license.
(Ord. 09-20. Passed 4-14-20.)
A life safety plan shall be submitted for initial approval of the boarding house license. The life safety plan shall include the following considerations:
(a) Provision of hard-wired smoke and carbon monoxide alarms in all bedrooms and common rooms;
(b) Fire extinguishers placed prominently in kitchens;
(c) Hand rails on all exterior steps, subject to architectural review and approval.
(Ord. 09-20. Passed 4-14-20.)
(a) Off street parking shall be provided at a ratio of one space per permitted occupant.
(b) All onsite parking and drives shall be paved with asphalt or concrete pavement. Onsite parking shall be provided behind the rear building line, and shall be screened from the street and from adjacent properties.
(Ord. 09-20. Passed 4-14-20.)
(a) No more than eight occupants will be permitted in any boarding house.
(b) Each occupant shall have a bedroom.
(c) Every room occupied for sleeping purposes by one person shall contain at least seventy square feet of floor space. Every room occupied for sleeping purposes by more than one person shall contain at least fifty square feet of floor space for each occupant.
(Ord. 09-20. Passed 4-14-20.)
(a) The boarding house site plan, floor plan, and life safety plan must be reviewed and approved by the Zoning Director or their designee prior to approval of the license.
(b) Boarding houses are subject to an annual inspection by the Code Enforcement Officer or their designee to ensure all conditions of this section are being met.
(Ord. 09-20. Passed 4-14-20.)
(a) Within sixty days after the effective date of the initial adoption of this chapter, the owner of the property on which each existing boarding house is located in the City shall apply for a boarding house license as provided in this chapter. The Zoning Director shall issue a temporary zoning certificate, without charge, stating that a license has been applied for. A boarding house license shall be issued or denied by the City within ninety days of the date of the application for a boarding house existing upon the effective date of this chapter.
(b) A pre-existing lawful non-conforming boarding house use shall be subject to the licensing provisions of this chapter, including life safety requirements, and must be continuously operated in compliance with its license and this chapter in order to maintain its pre-existing non-conforming use exemption.
(c) Pre-existing non-conforming properties may not have more than five occupants. In order to prove pre-existing non-conforming use status, landlords must provide written evidence of a de facto boarding house lease that was in effect at the time this chapter became effective or within six months prior to the effective date of this chapter.
(Ord. 09-20. Passed 4-14-20.)
(a) When a City official finds a boarding house, its owner, operator or occupants has violated the requirements of this chapter or the charter, ordinances, rules and regulations of the City of Bexley or any other applicable law, rule and regulation, such official shall serve a written notice of violation upon the owner. A notice of violation shall include a brief statement of the facts upon which the denial is based, the period within which the violation must be remedied and the time within which an appeal may be taken to the Board of Zoning and Planning and request for hearing made.
(b) An appeal must be filed within twenty days from the date such notice of violation was delivered, posted or otherwise received. Such appeal must be in writing and state with specificity the grounds upon which the appeal is taken. Failure to file a written appeal with both the City official providing the notice and the Board of Zoning and Planning within twenty days of the date such notice was delivered, posted or otherwise received shall constitute a waiver of the right to an appeal and the suspension of the Boarding House license shall be final. Any suspension of a license shall be stayed until the decision of the Board.
(c) If the violation is not remedied within the time specified in the notice of violation or the notice of violation timely appealed, then the City official shall promptly suspend the license of the owner and notify the owner, in writing of such suspension. Upon receipt of the notice of suspension, the owner shall immediately cease the operation of such boarding house and no person shall occupy the boarding house or any portion thereof for sleeping or living purposes.
(Ord. 09-20. Passed 4-14-20.)
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