(a) A family home for the mentally retarded or developmentally disabled is a permitted use in one- and two-family districts provided that all of the requirements set forth in this section are met. A family home or group home for the mentally retarded or developmentally disabled is a permitted use in multi-family districts provided that all of the requirements set forth in this section are met.
(b) The terms "developmental disability", "developmentally disabled person", and "mentally retarded person" shall have the same meanings as provided in Ohio R.C. 5123.01. The terms "family home" and "group home" shall have the same meanings as provided in Ohio R.C. 5123.19. The term "family home" shall include "foster family home" as the latter term is defined in Ohio R.C. 5123.19.
(c) Every person desiring to operate a family home or a group home shall apply for licensing of the facility to the Director of Mental Retardation and Developmental Disabilities of the State of Ohio.
(d) Each individual, group or agency operating a family home or group home, approved as provided in this section, shall inform the Building Commissioner and the Clerk of Council of the renewal, expiration, termination or revocation of any license, approval or certification issued by any county, state or federal agency and shall inform the Building Commissioner and the Clerk of Council of any change in the identity of the individual, group or agency operating such a family home or group home not less than thirty days prior to such change. The Building Commissioner shall verify not less than annually that any license, approval or certification issued by any county, state or federal agency remains in full force and effect.
(e) Persons in the following categories shall not be admitted to or remain in a family or group home as residents or employed whether for compensation or otherwise in the home:
(1) A non-developmentally disabled person with a felony criminal record.
(2) Persons with communicable diseases.
(3) Persons found incompetent to stand trial or not guilty by reason of insanity of a felony criminal offense.
(4) Persons who constitute a reasonably foreseeable danger to the community or themselves.
(5) Persons who use or who are addicted to a controlled substance, or a drug of abuse or who abuse alcohol.
(f) The following conditions for occupancy shall apply to family and group homes in the City:
(1) A family home or group home shall conform to and shall be maintained in accordance with all applicable City, County and State Codes, including, but not limited to, health, safety and fire prevention regulations. The family home or group home shall provide not less than the minimum floor area per person as required by the Housing and Building Codes of the City.
(2) Space and equipment requirements shall strictly adhere to and comply with the State of Ohio's Department of Mental Retardation and Developmental Disabilities standards as set forth in the Ohio Administrative Code.
(3) Such homes shall contain smoke detectors and fire extinguishers on each floor, to be placed as prescribed by the Chief of the Fire Prevention Bureau of the City.
(4) Signs or other means of identification as a family or a group home shall not be permitted.
(5) Central kitchen and dining facilities shall be provided.
(6) Except as otherwise provided in this section, any family or group home shall conform to and shall be maintained in accordance with the area, height, yard, fence, sign and off-street parking requirements and regulations of the Zoning District in which the family or group home is located.
(7) No family or group home shall be located within 1,000 feet of any other family or group home.
(g) Each family and group home shall be inspected semi-annually by the Division of Building and the Fire Department of the City.
(h) Upon notice from the State of Ohio of the proposed issuance of license for a family home or group home, an information application shall be filed with the Division of Building and the Clerk of Council by the individual, group or agency intending to operate the family home or group home. Such application shall include the following information:
(1) The name, address and telephone number of the operator;
(2) The name, address and telephone number of the operator's sponsoring individual, group or agency;
(3) The address of the home;
(4) The projected capacity of the home; classification of disability, and types of clients served;
(5) The timing of any certificate or license renewal process and dates;
(6) The experience of the sponsoring individual, group or agency of the applicant, and of the supervisory personnel, including references;
(7) The number and type of personnel to be employed at the home;
(8) A description of the admissions policy, procedures and committee membership to be utilized for persons desiring to reside in the home; and
(9) Any other information required by the Building Commissioner or the Fire Chief necessary to assure public health, safety and welfare or the health, safety and welfare of the residents of the home.
(i) Occupancy as a family home or a group home shall not be considered as a change of use of a building which had been used for residential purposes immediately prior to its use as a family or group home. The owner, lessee, licensing agency, or operator may not change the use permitted by this section without review and approval by the appropriate Boards and Commissions as otherwise required by law. (Ord. 91-49. Passed 10-7-91.)