(a) This chapter is established in order to permit, under special circumstances and conditions, uses which foster the most desirable use of the land in the City; which insure compatibility and stability with existing and proposed adjacent uses; and which harmonize and integrate into the existing zoning and use plans those special uses authorized under special permit recommended by the Planning Commission as approved by Council in the U-1, U-2 and U-4 residential districts.
(b) The following are hereby declared to be special uses to which this chapter shall apply:
(1) Houses of worship or religious education, including churches, temples, synagogues, religious organizations, parish houses and parochial schools;
(2) Facilities for the physical, behavioral or mental health care and/or education of children through the twelfth grade level only, including nurseries, day care centers, orphanages and treatment institutions and dormitories or cottages necessarily related thereto. Individuals not receiving such services may reside on the premises so long as they provide support services;
(3) Senior housing and care facilities, including independent congregate living, assisted living, nursing, rest or convalescent homes, and other facilities for similar care and treatment;
(4) Residential behavioral health care facilities;
(5) Conversions to condominiums to the extent otherwise governed by ordinance;
(6) Office, research and high-tech production facilities which are:
A. Specifically designed and intended for occupancy by a single user;
B. Accessible only from either Fairmount Boulevard or Belvoir Road.
(7) Any other use not otherwise specified or authorized in this Planning and Zoning Code, to the extent that the requirements hereinafter set forth can reasonably be effectuated.
(c) This chapter shall not apply to dwelling units used for child care or as foster homes which are otherwise approved by the Board of Zoning Appeals in compliance with Section 1478.01.
(Ord. 99-45. Passed 12-20-1999.)
(d) A Special Use Permit for any use described in this section shall be applied for and shall be issued on the recommendation of the Planning Commission, subject to any reasonable conditions the Planning Commission may impose uniformly in similar circumstances, for any permitted location, after the applicant demonstrates to the Planning Commission by clear and convincing evidence that the provisions of this chapter will be met and that the special use will not impair surrounding property values or uses, vehicular parking and pedestrian or traffic conditions, lighting glare at night, noise pollution to others or other applicable criteria in the Planning and Zoning Code, and will not be otherwise contrary to the public health, safety and welfare.
(1) The Planning Commission may hold public hearings on any such application to the extent it deems reasonable, but not more than ninety days after the filing of the application and after compliance with all submissions or revisions thereof required under Section 1274.04.
(2) The recommendation of the Planning Commission shall be subject to the approval of a majority of Council. A denial by the Planning Commission may be appealed to Council by applicant's filing a written appeal within 15 days of such denial. The appeal shall be heard by Council within 45 days of the filing thereof.
(3) Upon approval by Council, a certificate of occupancy should be issued.
(Ord. 82-26. Passed 7-6-1982.)
(e) Group Homes.
(1) Definition of "group home".
A. A "group home" means a residence which is occupied by and provides residential services to unrelated individuals who do not otherwise qualify as a family and who have physical handicaps and/or moderate mental and/or social limitations and who live or propose to live together and function in the manner of a family, while monitored by State licensed professional caregivers.
B. "Group home" does not include cooperative residences for any other individuals or entities, or fraternities, sororities, social or business lodges, or any other combination of voluntary living arrangements.
C. "Group home" does not include any court ordered rehabilitation or maintenance living arrangements and/or care and/or treatment and/or rehabilitation services for severely mentally retarded or psychotic individuals, releasees from federal, state or county treatment or penal institutions, juvenile offenders, drug or alcohol offenders or wards of the court or welfare system.
(2) Criteria for group homes. In the event that the premises are occupied or proposed to be occupied by persons otherwise excluded by definition or if refusal to allow the proposed occupancy conflicts with State and Federal law, not otherwise superseded by the University Heights Charter and ordinances under Article XVIII Section 3 of the Ohio Constitution, then the issue of occupancy shall further be determined only upon appeal to the Board of Zoning Appeals which may grant a non-transferable special or conditional use permit, if the applicant qualifies the use as a "group home", and if the following conditions also apply:
A. Such site previously shall have been zoned or permitted for use and occupancy or legally occupied by two or more families and the number of occupants would otherwise be permitted upon the application of all other ordinances dealing with "occupancy," (e.g., 1478.03).
B. No change in the exterior appearance of the premises shall occur. There will be no additional garage space.
C. Traffic or traffic congestion is not likely to increase or be adversely affected, and
2. No trucks will be parked outside of the premises as governed by Section 452.18.
D. If the persons occupying the premises require care and attention, there will be at least one person identified to the City on site as a caregiver twenty-four hours, seven days a week. Such caregiver will be included in calculating the occupancy of the premises, if there are sleeping facilities needed or provided on the site for such caregiver.
E. Excluding students at John Carroll University and residents on the Bellefaire campus, otherwise as governed by these ordinances, the total number of units, and the housing and the total number of occupants housed and residing in the City in space for six or more residents per housing unit regulated by the Ohio Building Code, shall be limited to ten housing units and 60 residents, in the absence of credible evidence demonstrating a lack of additional equivalent space legally available for the same use in each and all abutting and contiguous municipalities.
F. Residences owned or occupied or operated as a group home or as a permitted facility described in Section 1274.01(b)(2)(3)(4) or (6) shall not be permitted on any part of a lot located within a radius of 2000 feet from any part of any lot occupied by any other such facility.
G. The Board may also take into consideration walking distance to public transportation and that such distance is reasonably likely to cause a safety risk to aged (over seventy years), handicapped or disabled residents.
H. Applicant must represent that the granting of a special permit herein is not likely to place any citizen in physical danger or jeopardy allowing the proposed occupancy, e.g. felons on parole or release programs, who have been convicted of violent crimes such as murder, assault, rape, intimidation and/or hard drug addiction; or profoundly or severely mentally retarded or known psychotic individuals who cannot function an society without being a risk to themselves or others, or any similar demonstrable likely danger.
(1982 Code, § 1124.01) (Ord. 91-11. Passed 5-6-1990.)