(a) Submission Requirements. The operator or agency applying for a zoning permit to operate a community-oriented residential social service facility or halfway house shall submit the following information to aid the Zoning Administrator's review of the application:
(1) Identification of similar facilities presently existing within the City and contiguous jurisdictions and confirmation that the siting of the facility is compatible with the Residential Care Opportunities Guide for Butler County or similar planning documents.
(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.
(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 that the Zoning Administrator 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 1 occupant, and when occupied by more than 1 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.
(c) Off-Street Parking Requirements. One space for every 3 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 a 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.
(d) No facility shall be permitted within 1,500 feet of another community-oriented residential social service facility or halfway house. The Zoning Administrator 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 (e.g., 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).
(e) The Zoning Administrator shall review the facility for compliance with building and electrical codes by the appropriate code enforcement officials.
(f) Required findings by the Zoning Administrator. In reviewing each proposed facility, the Zoning Administrator shall make specific findings of fact relative to the following criteria. Upon finding all such facts to be true, the Zoning Administrator shall grant the conditional use. The proposed facility must:
(1) Comply with all the applicable facilities requirements.
(2) Be a bona fide community-based residential social service facility or halfway house licensed by an agency of the State of Ohio. If such licensing is not required, an affidavit so stating shall be presented to document this statement.
(3) Be approved by the local agency responsible for providing support services and/or programs to the facility.
(4) 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) Not be within 1,500 feet of another community-oriented residential social service facility or halfway house.
(6) 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.
(7) Have vehicular approaches to the property designed to prevent any undue interference with traffic on surrounding public streets.
(Ord. 16-2003. Passed 5-1-03.)