1141.10 SCUP - SPECIAL CONDITIONAL USE PERMITS.

   (a)    A permit for the location of a Special Conditional use in any use district may be issued by the Building Official by and with the consent of Council when such location will substantially serve the public convenience and welfare and will not substantially and permanently injure the appropriate use of neighboring property, including, but not limited to:

      (1)   Adult Education Facilities

      (2)    Religious Facilities

      (3)   Assisted Living Facilities

      (4)    Nursing Home Facilities

      (5)   Child day-care facilities, provided that the following requirements have been satisfied:

         (i)   The term "child day-care facility" means any place in which child day-care is provided, with or without compensation. "Child day-care facility" shall not include any program listed in Ohio R.C. 5104.02(B)(1) through (B)(5), (B)(6)(b), (B)(7) and (B)(8). The term “child day-care” has the same meaning as in Ohio R.C. 5104.01(A), including any terms used therein as defined in Ohio R.C. 5104.01.

         (ii)   The child day-care facility shall occupy and the use shall be limited to, that area of the premises for which the Building Official has issued a certificate of inspection pursuant to the Building Code. The certificate of inspection shall not be issued prior to satisfaction of the following requirements:

            A.   The Building Official, the Director of Health and the Chief of the Fire Prevention Bureau, or their designees shall have inspected and approved the premises in accordance with applicable standards as set forth in Ohio R.C. 3781 and 3791 and regulations adopted thereunder and under Ohio R.C. 5104.05. Inspections shall be conducted annually by the Health Department and Fire Department and at such other times as may be appropriate.

            B.   Any outdoor play area shall be enclosed on all sides by a barrier in the form of a fence, building wall or other structure or landscaping so as to provide for safe outdoor play.

         (iii)   The child day-care administrator, namely the person responsible for the daily operation of the facility, shall be responsible for compliance with all applicable City ordinances and State and Federal statutes and regulations.

         (iv)   The facility is not located in a Class U-1 or Class U-6A use district.

         (v)   A child day-care facility which does not satisfy these criteria is a prohibited use.

   (b)   A special conditional use permit issued under this section shall automatically expire if:

      (1)   The special conditional use does not commence on the property within 180 days followig Council approval; or

      (2)   The special conditional use ceases, for any reason, for 180 days.

   (c)   The special conditional use permit shall be issued in the name of the operator of the use and is not transferable or assignable.

(Ord. 2020-96. Passed 10-13-20.)