The following regulations shall govern group homes within the City of Elyria:
A. Purpose.
It is the purpose of this section to regulate the location, operation, and maintenance of group residential facilities (group homes) in order to promote the public health, safety, and welfare. It is the intent of this section to provide for the assimilation of these facilities in stable and suitable neighborhoods so that the living environments of their residents are conducive to their rehabilitation.
B. Conditional Use Permit Required.
A Class I Type B group home is permitted by right in any residential district. No other group home shall be established, operated or maintained on any premises unless authorized by the issuance of a conditional use permit in accordance with the provisions of Chapter 1135. In addition to said provisions, such group home shall comply with the following conditional use criteria:
1. Evidence must be presented that the proposed facility meets the certification, licensing or approval requirements of the appropriate State agency.
2. The owner shall be required to submit to the Building Inspector an official fire inspection report verifying compliance with current fire codes. This report must be dated within the twelve months prior to registration or renewal.
3. Evidence must be presented that the proposed facility will not generate an unreasonable increase in traffic volume or require special off-street parking facilities.
4. Such facilities shall comply with the district regulations applicable to other properties in the zoning district in which they are located.
5. Class I Type A and Class II Types A and B group homes shall be located no closer than one quarter mile to any other premises used for Class I, Type A group homes, Class II Type A and B group homes, educational institutions or day care centers.
6. No signs shall be erected by such facility for purposes of identification except a permitted street address sign.
7. The exterior of all such facilities shall not be altered in character but shall be compatible with other residential dwellings. However, any improvement required by code or necessitated by licensing requirements shall not be deemed incompatible.
8. Such facility shall be reasonably accessible, by virtue of its location or transportation provided by the applicant, to medical, recreational, and retail services required by its residents, and to employment opportunities, if applicable, and shall be in a relatively safe and stable neighborhood.
9. The applicant shall provide a plan indicating the manner in which the facility will maintain contact with neighborhood residents, to include a structured procedure whereby their grievances may be filed and resolved.
10. The applicant shall provide documentation indicating the need for the facility, the specific clientele it will serve, and the location and type of similar facilities operated by the applicant.
11. All Class I Type A and Class II Types A and B group homes are required to be registered annually with the Building Department. Registration shall terminate at the expiration of one year from the date of issuance. There shall be no charge for said registration. However, such group home shall provide to the Department the following information:
a. The person or persons on-site in charge of said building;
b. The telephone number of said person or persons in charge; and
c. The total number of persons intended to occupy the building.
12. Any change in status of a group home (i.e. change in use from a group home to any other use) must be reported immediately to the Building Department.
C. Zoning of Group Homes.
Group homes shall be conditionally permitted uses as follows:
1. Class I Type A: R-MHL and R-MHH Districts;
2. Class I Type B: Permitted by right in all residential districts;
3. Class II Type A: R-MHL and R-MHH Districts; and
4. Class II Type B: R-MHL and R-MHH Districts.
D. Variance to Distancing Requirement.
The Board of Zoning Appeals may grant a variance with respect to the distancing requirement contained in paragraph B.5. hereof if the applicant clearly demonstrates that the proposed location has unique advantages with respect to proximity to employment opportunities, social services, public transportation or similar amenities.
E. Uniformity With Respect to Granting of Conditional Use Permits.
The granting of conditional use permits for the establishment of group homes shall be uniformly and equitably done, irrespective of considerations beyond the scope of these regulations.
(Ord. 98-176. Passed 8-3-98.)