(A) Submission requirements. The operator or agency applying for a conditional use permit to operate a community-oriented residential social service facility or halfway house shall submit the following information to aid the Board of Zoning Appeals in its review of the requested facility:
(1) Identification of similar facilities presently existing within the village and contiguous jurisdictions and confirmation that the siting of the facility is compatible with the Residential Care Opportunities Guide for Montgomery County;
(2) A license or evidence of ability to obtain a license, if such is required, from the pertinent governmental unit prior to operation. Prior to the issuance of a final certificate of occupancy, the operator or agency shall provide evidence that a valid license has been issued or is obtainable for the proposed conditional use on the subject property. If licensing is not required, an affidavit from the applicant so stating shall be presented;
(3) A copy of the sponsoring agency's operational and occupancy standards and a detailed plan for services and programs; and
(4) A site plan for the proposed home indicating home structure outline and floor plan, off-street parking provisions, driveway access, landscaping and screening provisions, recreational and open space facilities as well as other pertinent information which the Board of Zoning Appeals may require. Such plan shall include sufficient information to indicate that the proposed site will be compatible with the character of the neighborhood.
(B) Facility requirements.
(1) Every room occupied for sleeping purposes within the home shall contain a minimum of 80 square feet of habitable room area for one occupant, and when occupied by more than one person, shall contain at least 60 square feet of habitable room area for each occupant.
(2) Indoor and outdoor recreational space shall be provided for the clientele served, based upon standards specified by the licensing authority and/or the sponsoring agency. If no such standards exist, then the following minimum area shall apply:
(a) Common indoor area shall consist of at least 25 square feet per individual.
(b) Common outdoor area shall consist of at least 60 square feet per individual. If a public park or other common open space is available in the immediate vicinity of the facility, the Board of Zoning Appeals may waive the outdoor space requirement.
(c) No exterior alterations of the structure shall be made which depart from the residential character of the building. All new structures proposed shall be compatible with the surrounding neighborhood.
(d) All exterior lighting shall be suitably directed and shaded to prevent any glare upon adjoining residential properties.
(e) Off-street parking requirements. One space for each three persons residing in a community-based residential social service facility or halfway house except for facilities prohibiting ownership or operation of automobiles by occupants of such facilities. In any case, suitably screened off-street parking shall be provided on one-to-one ratio to the number of autos operated out of the facility. Within neighborhoods in which on-street parking is accepted practice, on-street space directly abutting the subject lot may be substituted for a portion of the required off-street spaces if approved by the Board of Zoning Appeals.
(f) No facility shall be permitted within 1,500 feet of another community-oriented residential social service facility or halfway house. The Board of Zoning Appeals may reduce this standard if the applicant can show that, due to unique conditions, a reduction of the separation requirement will not contribute to the concentration of such facilities. (For example, the proposed site is located in a distinctly different neighborhood which is separated from an existing site by a freeway or the site is in an area that does not constitute a typical residential neighborhood due to a diversity of land uses.)
(g) The facility must be reviewed by the Fire Chief or a certified fire safety inspector.
(C) Findings by the Board of Zoning Appeals. In its review of each proposed facility, the Board of Zoning Appeals shall make specific findings of fact relative to the following criteria. Upon finding all such facts to be true, the Board of Zoning Appeals shall grant the conditional use. The Board shall find that the proposed facility:
(1) Complies with all the applicable facilities requirements;
(2) Is in fact a community-based residential social service facility or halfway house licensed by an agency of the state (and respective jurisdiction). If such licensing is not required, an affidavit so stating has been presented to document this statement;
(3) Is approved by the local agency responsible for providing support services and/or programs to the facility;
(4) Will be designed, constructed, and maintained so that such use will not change the general character of the area and operated in compliance with relevant licensing or certification standards;
(5) Will not be within 1,500 feet of another community-oriented residential social service facility or halfway house, unless this standard is varied by the Board of Zoning Appeals to a lesser distance based upon stated findings of fact;
(6) Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services; and
(7) Will have vehicular approaches to the property which shall be designed to prevent any undo interference with traffic on surrounding public streets.
('80 Code, § 152.200) (Ord. 94-14, passed 7-5-94)