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1137.10 GROUP HOMES.
   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.)
1137.11 HOME OCCUPATIONS.
   It is the intent of this section to allow home occupations in residential structures as an accessory use compatible with the residential character of the district, subject to the following conditions:
   A.   The external appearance of the structure in which the use is conducted shall not be altered.
   B.   No internal or external structural alterations, construction, or reconstruction of the premises to accommodate the use of said occupation shall be permitted.
   C.   There shall be no visible outside storage of any kind related to the home occupation use. Furthermore, no display of products shall be visible form the street.
   D.   Not more than one (1) room of the dwelling unit shall be devoted to the home occupation use.
   E.   No equipment, processes, materials or chemicals shall be used which may create noise, vibration, smoke, dust, odor, heat, glare, x-rays, radiation, or electrical disturbances which are detectable outside of the dwelling unit from which the home occupation is located.
   F.   Traffic and parking generated by a home occupation shall not be more than that generated by a single household.
   G.   No persons other than the residents of the premises shall participate in the home occupation.
   H.   Home occupations shall involve not more than one (1) receiver of such services at any one time with the exception of certified or uncertified Type B Family Day Care Homes, which constitute a residential use and not an accessory use.
   I.   Signage identifying the home occupation shall be limited to one sign no larger than four (4) square feet per face and be non-illuminated and shall be attached to the building. There shall be no other temporary or special sale signage related to the home occupations on the premises.
      The burden of proof that a home occupation complies with the limitations set forth herein shall be on the person or persons involved in such home occupation.
(Ord. 98-176. Passed 8-3-98; Ord. 2014-111. Passed 11-3-14.)
1137.12 ADULT ENTERTAINMENT FACILITIES. (REPEALED)
(EDITOR'S NOTE: Section 1137.12 was repealed by Ordinance 2007-39, passed May 7, 2007.)
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