§ 157.021 REGULATIONS FOR FAMILY AND GROUP CARE FACILITIES.
   (A)   The purpose of these regulations includes the conserving of the taxable value of land and buildings, and the lessening and avoiding of congestion in the public streets, promotion of the public welfare, and securing and promoting the quiet, seclusion, clean air, and clean surroundings in residential areas. In order to provide for group housing and accomplish these purposes, the following group occupancies of family and group care facilities shall be allowed as permitted or special uses in various zoning districts of the village as set forth below, provided that such facilities receive administrative approval from the Zoning Administrator.
   (B)   Administrative approval of permitted use for family care facilities.  
      (1)   The Zoning Administrator shall give administrative approval to family care facilities, as a permitted use in all residential zoning districts, provided that the following conditions are present:
         (a)   No other family or group care facility is located within 1,600 feet.
         (b)   The operator or facility is licensed or certified by the appropriate state agency.
         (c)   The facility has paid professional support staff, provided by a sponsoring agency.
         (d)   The facility complies with the zoning regulations for the district in which the site is located.
      (2)   The Administrator shall rescind any approval if the above conditions are not met.
   (C)   Special use approval of group care facilities and certain family care facilities.
      (1)   Group care facilities are special uses in the R-3 and R-4 zoning districts and in any non- residential zoning district where occupancy of a dwelling by a family is permitted and shall be subject to the same procedures and process for considering such special uses as all other special uses.
      (2)   Family care facilities that would otherwise meet the definition set forth in this chapter but where the facility is not supervised by paid professional support staff provided by a sponsoring agency are special uses in all residential zoning districts and in any non-residential zoning district where occupancy of a dwelling by a family is permitted and shall be subject to the same procedures and process for considering such special uses as all other special uses.
      (3)   Approval of such group care or family care facilities as special uses shall be given only when each of the following conditions is present:
         (a)   No other family or group care facility is located within 1,600 feet;
         (b)   The operator or facility are licensed or certified by the appropriate state agency;
         (c)   The proposed use complies with all of the requirements and standards applicable for a special use under § 157.189; and
         (d)   The facility complies with the zoning regulations for the district in which the site is located.
   (D)   The Zoning Administrator shall grant administrative approval to any family or group care facility for which a special use has been granted and which is operated in conformance with any conditions and stipulations contained in the Special Use Ordinance.
   (E)   Family or group care facilities that fail to receive licenses or certification from the appropriate state agency are prohibited in all zoning districts.
(Ord. 06-22, passed 2-12-07)