1149.03 R-M RESIDENTIAL, MULTI-FAMILY DISTRICT.
   This residential district is established to provide for medium and high population density. The principal use of land is for two-family and multiple-family dwellings, and the recreational, religious, and educational facilities normally required to provide an orderly and attractive residential area are included. The regulations for this district are intended to discourage any use which, because of its character, would interfere with the development of or be detrimental to the residential nature of the area included in the district.
    (a)    Uses Permitted:
      Child care home.
            Home occupation (subject to requirements of Chapter 1153).
A portable temporary public, parochial, or private school classroom.
Temporary building, incidental to the construction of buildings permitted in this district, and which shall be removed when work is completed.
Uses and structures customarily accessory to the permitted uses.
      (b)    Uses Permitted on Review: The following uses may be permitted on review in accordance with the provisions contained in Chapter 1159.
            Child care center.
            Church.
            Golf course, including a clubhouse and other improvements.
           Library.
            Private park and/or playground.
            School, public, parochial, and private.
            Portable, temporary school classroom
           Professional Services
            Public/Government buildings and structures.
      (c)    Height Limitation: See Section 1149.12.
      (d)    Lot Area: See Section 1149.12.
      (e)    Dimensional Requirements: See Section 1149.12.
   (f)    Accessory Building Setback: Accessory buildings may be located in the rear yard; provided that they are set back not less than 5 feet from any lot line and occupy not more than 20 percent of the rear yard.
   (g)    Off Street Parking: Off-street parking shall be provided in accordance with the provisions set forth in Section 1153.09.
   (h)    Residential Withdrawal Management or Addiction Services or Treatment Facility or House: No person may operate a residential withdrawal management or addiction services or treatment facility or house providing accommodations or personal care services for more than thirty (30) persons, exclusive of staff, in a R-M Residential, Multi-Family, Commercial, or Industrial District, as limited by the size of the existing or proposed building and its allocation of space for sleeping quarters. Notwithstanding the foregoing, the Planning Commission may approve a larger maximum number of residents solely for the reason that the proposed facility’s economic feasibility is tied to such larger number of residents. Persons operating such facilities must, prior to opening, obtain a Special Occupancy Permit from the Zoning Administrator. The criteria for receiving and remaining in compliance with the terms of the Special Occupancy Permit are as follows:
      (1)   Such facility complies with the area, height, yard, and other requirements set forth in the Zoning Code for R-M Residential, Multi-Family, Commercial, or Industrial Districts.
      (2)   The operator is certified to provide such services by the State of Ohio in accordance with the requirements set forth in Section 5119.35(A) of the Ohio Revised Code or the individual or organization possesses the necessary license, certificate, registration, and/or accreditation set forth in Sections 5119.35(B) or 5119.361 of the Ohio Revised Code and provides proof of same to the Zoning Administrator prior to the issuance of the Special Occupancy Permit and on a yearly basis after the issuance of the Special Occupancy Permit.
      (3)   The operator and facility are certified and licensed pursuant to Section 5119.36 and 5119.37 of the Ohio Revised Code and is not located on a parcel of real estate that is within a radius of five hundred linear feet of the boundaries of a parcel of real estate having situated on it another similar facility, a public or private school, or a child day care center licensed under Chapter 5104 of the Ohio Revised Code. The operator shall be required to provide proof of such certification and license from the State of Ohio to the Zoning Administrator prior to the issuance of the Special Occupancy Permit and on a yearly basis after the issuance of the Special Occupancy Permit.
      (4)   The facility requires screening of potential residents in accordance with Federal and State Law.
         (Ord. 2022-43. Passed 10-19-22.)