1109.06 DAY CARE FACILITIES AND SCHOOLS (PUBLIC, PAROCHIAL, OR PRIVATE).

   (a)   Conditions. The conditions described below apply to the above-named facilities.

   (b)   Minimum Lot Area and Facility Requirements. Facilities for seven (7) or more participants shall have a minimum lot area of 10,000 square feet, or 500 square feet per participant, whichever is greater. Such facilities shall only be permitted within structures that have been constructed so as to meet appropriate assembly ratings within the Building Code standards. Home day care of six (6) or fewer participants is considered a home occupation and is regulated in Section 1116.02 - Accessory Uses.

   (c)   Required Outdoor Activity Area. There shall be provided a minimum of 100 square feet of fenced outdoor activity area per participant to be served. Such activity area shall not be located within the established minimum front yard setback area within the area the proposed facility is to be established. Outdoor amenities for adult day cares that contribute to comfort, safety and security, ease of access, serene and tranquil environment to create functional and inviting park space for participants to sit, watch and socialize by providing a range of amenities for the widely varied needs and abilities of the participants such as the following, but not limited to: seating in shade and sun, landscaped with trees, shrubs, raised garden areas, vegetation and flower planters for seasonal interest at wheelchair height rather than ground level so they can be viewed from a sitting position, use of grass in lieu of ground cover whenever possible, hardscape access paths or walks, required fencing.

   (d)   Required Access and Loading/unloading.

      (1)   An on-site drop-off area shall be provided at the main entrance to the facility sufficient to accommodate four (4) automobiles for facilities with twenty (20) or fewer participants plus one (1) additional vehicle for each additional ten (10) participants served.

      (2)   Access to an arterial or collector street is required or access shall be provided in a manner that does not cause heavy traffic on residential streets.

      (3)   If bus transportation is to be provided to the facility, then such loading areas shall be designed in a way that will not impair the flow of traffic on abutting streets.

   (e)   Required Fencing. All outdoor activity areas shall be enclosed by a fence or wall a minimum of four (4) feet in height, except that a minimum six (6) foot high wall, solid wood fence, or chain link fence planted with a continuous evergreen screen shall be provided around all outdoor activity areas immediately abutting a residential property.

   (f)   Hours of Operation. Use of outdoor activity areas shall be limited to between the hours of 8:00 a.m. and 8:00 p.m. There is no limit on the daily hours of operation, but the facility must not serve any participant on a continuous twenty-four (24)-hour basis.

   (g)   Special Provisions for Day Care Facilities in Non-residential Areas. The Director of Public Service has the power to require additional fencing, screening and/or other measures deemed necessary to protect the health, safety and welfare of participants using day care facilities in non-residential areas or other high hazard areas, or to deny a request to locate a facility in such areas based on health and safety conditions.

   (h)   Licensure and Certification. Adult day cares shall be certified as enhanced or intensive adult day services (ADS) providers by Ohio through the Pre- Admission Screening System Providing Options and Resources Today (PASSPORT) program administered by the Department of Aging, as evidenced by:

      (1)   Each applicant must be a formally organized business or service agency that has been operating and providing services for at least two (2) adults for at least three (3) months at the point of PASSPORT Provider application; and

      (2)   The submission of a copy of an appropriate state certification for issuance of a final (permanent) Certificate of Occupancy.

   (i)   Type of Facilities. Adult day cares in non-residential areas shall be located in any medical care facilities or a multi-use facility which is in or connected to a licensed medical environment which meets the applicable state and local building and safety codes.

   (j)   Parking. When an adult day care facility is an accessory use within a structure containing another principal use, each use shall be calculated separately for determining the total off-street parking spaces required in compliance with Article 1111 - Parking, Loading, and Drive- Throughs. (Ord. 081-2023. Passed 10-3-23; Ord. 031-2024. Passed 5-21-24.)