A Community-Based Residential Care Facility is a permitted use in an R1-75, R1-100, R1-125, R2F, OF-C, RT-C, RMF-1, ER and SR-1 and SR-2 [as defined in Section 1254.03] Zoning District provided that the proposed use complies with all the zoning restrictions of the district and in addition complies with the requirements of this Section 1252.37, as determined by the Building Commissioner when reviewing any application for a building permit, occupancy permit, or upon annual inspection.
(a) The persons residing in such residential home shall:
(1) Live as a single housekeeping unit in a single dwelling unit; and
(2) Maintain said home as their bona fide long-term residence with the intent to live at the home on a continuing basis.
(b) To assure accessibility in the event of an emergency, the residential dwelling unit shall have an open perimeter setback of not less than fifteen (15) feet from any other structure and any other residence, and not less than five (5) feet from any lot line in addition to complying with the setback requirements of the respective Zoning District.
(c) The applicant for a permit shall demonstrate that adequate supervision will exist in the home based on the functional needs of the residents.
(d) No more than four non-resident persons may be at the residential home at any one time for the purposes of providing direct care to the handicapped residents of the home.
(e) The interior and exterior design of the home and yard shall maintain the single family character, appearance, utilization, equipment and materials, and shall have only one central dining and kitchen facility.
(f) No signs or other means of identification shall be permitted on the exterior of the home to indicate that it is anything but a single-family residence.
(g) The applicant shall comply with the applicable parking regulations of the Zoning District for the type of residential structure used and the number of residents and, shall make adequate provisions for on-site parking of vehicles in sufficient number to accommodate residents, guests, and home supervisors, considering the prohibition against overnight off-street parking set out in Codified Ordinance Section 452.12.
(h) The home shall provide not less than the minimum floor area per person residing in the home as required by applicable law.
(i) The Building Commissioner is required to permit reasonable accommodations to allow handicapped and disabled individuals to utilize a particular dwelling; however, the Building Commissioner may impose additional requirements before issuing a building permit or occupancy permit provided that such requirements are reasonably related and narrowly tailored to the specific functional impairments of the particular individual residents affected, including but not limited to their ability to self-rescue and self-preserve. In assessing whether additional safety or building requirements are necessary to protect the individual residents because of their functional impairments, the Building Commissioner may in his discretion consult with medical or behavioral health professionals who are qualified to assess the functional impairments of the residents. These additional requirements may include, but are not limited to, the following:
(1) For a hearing impaired individual, the Building Commissioner may require:
A. Emergency lighting and/or signage;
B. A monitored central alarm and detection system;
C. Smoke and carbon monoxide detectors with a flashing light when in alarm mode;
D. An approved NFPA 13 D fire suppression system.
(2) For a non-ambulatory individual or an individual having any of the following conditions: the individual is unable to get in and/or out of bed independently; the individual is unable to walk without physical assistance from another individual; or the individual is unable to walk without a walker; or the individual requires a wheelchair or mechanical scooter, the Building Commissioner may require:
A. A monitored central alarm and detection system;
B. Doors and hallways to accommodate a wheelchair;
C. A wheelchair accessible restroom facility;
D. A bedroom on a floor that exits directly to ground level;
E. An approved NFPA 13 D fire suppression system.
(3) For a visually impaired individual, the Building Commissioner may require:
A. An audible monitored central alarm and detection system in the event of a fire or other emergency;
B. An approved NFPA 13 D fire suppression system.
(4) For a cognitively impaired individual or an individual having difficulty with pulling, grasping, or turning a handle, the Building Commissioner may require:
A. Panic hardware or door openers or systems in compliance with the ADAAG standards;
B. A monitored central alarm and detection system;
C. An approved NFPA 13 D fire suppression system.
In considering whether or not a fire suppression system is required pursuant to this subsection (i), the Building Commissioner shall consider with each residence:
A. The ability of the particular residents to self-rescue in the event of an emergency given the layout of the residence; and
B. The ability of the supervisory personnel and caregivers to rescue the residents within a time period necessary to exit the residence safely in the event of an emergency given the layout of the residence.
Any accommodation approved by the Building Commissioner shall meet or exceed the applicable ADAAG standards.
(j) Before the issuance of a building permit and/or occupancy permit for a Community-Based Residential Care Facility, the owner and/or agent including the provider or operator for the owner shall submit an application to the Building Commissioner containing the following information:
(1) The name, address, and telephone number of the owner of the property and the provider/operator, if different from the property owner, at which the Community-Based Residential Care Facility is located;
(2) The name, if any, under which the facility shall operate;
(3) The location, site and floor plan of the proposed facility;
(4) A copy of the facility's current license and/or certificate from the Ohio Department of Mental Retardation and Developmental Disabilities or any other governmental authority, if one is required;
(5) A statement as to the maximum number of residents to reside in the facility, the nature of their functional impairments, and the type of assistance, support, including number of support staff, and supervision to be provided, and assurances that staff and supervision will be reasonably adequate to meet the needs of the residents and to protect the safety of the community;
(6) A statement outlining admission procedures and policies of the facility;
(7) A copy of the residency rules of the Community-Based Residential Care Facility and the rules for the storing and administering of medications;
(8) Approval of the Fire Prevention office after inspection of the plans for the facility's compliance with the Fire Prevention Codes applicable to such facility;
(9) The nature of the functional impairments, if any, i.e. cognitive, visual, hearing, ambulation, ability to pull or grasp items, and each resident's ability to self-rescue; all subject to applicable Health Insurance Portability and Accountability Act ("HIPAA") requirements.
(k) Persons within the following categories shall not be admitted as residents, or if admitted, may be removed from the home upon notification by the Building Commissioner:
(1) Any person whose tenancy would constitute a direct threat to the health or safety of other individuals, or whose tenancy is likely to result in substantial physical damages to the person or property of another;
(2) Any person discharged from any facility after being found incompetent to stand trial, or not guilty by reason of insanity, for a crime of violence and whose tenancy would constitute a direct threat to the health or safety of other individuals or their property;
(3) Any person for whom, on an individual or group basis, all pre-admission requirements have not been completed as set forth in this Chapter.
The Building Commissioner shall not prohibit the admission of an individual, or once admitted order an individual removed from the home, unless the Building Commissioner determines by substantial credible evidence after a particularized factual consideration that at least one of the three (3) above circumstances applies to that individual.
In making such determination, the Building Commissioner shall consider, among other things, the opinions of the owner/operator of the home, and the resident, and any information they submit; recent or past behaviors or credible threats by the individual or resident; and whether the individual would remain such a direct and substantial threat in the specific proposed placement or current residence. If the Building Commissioner determines that it is necessary and/or helpful in rendering such a determination, he/she shall seek the advice or evaluation of a medical or behavioral health professional.
(l) All Community-Based Residential Care Facilities shall be inspected by the Building Commissioner and Fire Prevention Officer on an annual basis to review and confirm, among other things, that:
(1) All improvements required by the Building Commissioner with the initial approval remain and are in good operating condition;
(2) The individual residents residing at the home have the same type of functional impairment as represented in the initial application;
(3) No other information has changed as noted on the initial application.
(m) After the annual inspection, the Building Commissioner shall order any correction required to bring the property and facility into compliance with the Zoning District regulations and any other conditions, required by this Section 1252.37, as imposed by the Building Commissioner, or additionally required by the Building Commissioner as a result of the inspection.
(n) (1) Any decision of the Building Commissioner under Section 1252.37 may be appealed to the Board of Zoning and Building Code Appeals pursuant to Chapter 1248 by the City, or the property owner, or its agent, including the facility's provider or operator, or the resident or prospective resident. The Board of Zoning and Building Code Appeals shall hear the matter to determine compliance with the Zoning Code and Building Code and additionally has authority to grant variances from the Codes or may designate additional reasonable requirements in connection therewith so as to individualize each Community-Based Residential Care Facility home to the unique and specific functional limitations of each resident, and to assure that each such home conforms to the requirements and spirit of this Section 1252.37, and will protect the health, safety, and welfare of the residents of the home and the surrounding community.
(2) In any appeal brought to review a decision of the Building Commissioner made under Section 1252.37(k), the Building Commissioner shall bear the burden of proof establishing that the proposed resident or the resident should not be admitted or should be removed for the reasons set out in Section 1252.37(k).
(o) Nothing in this section is intended to nor shall it be construed in such a manner as to violate any of the rights of each resident to privacy and confidentiality as provided in HIPAA and State law.
(p) The provisions of this Section 1252.37 shall govern the City, the owners, operators and residents, and the proposed owners, operators, and residents of community-based residential care facilities; and are not intended to and shall not create or give rise to any claim or cause of action on the part of any other individual or third party.
(Ord. 2010-096. Passed 6-6-11.)