1744.02 LICENSE REQUIRED.
(a) No person shall operate a group home or knowingly permit the operation thereof without first making application for and procuring a license therefor. No license shall be issued for a new group home that will be located within a 2,000 foot radius of another group home already in lawful operation except as provided in subsection (g) of this section. Those group homes that are in lawful operation on the effective date of this section may be issued a license notwithstanding the 2,000 foot limit, provided they are in compliance with all the other sections of this chapter.
(b) Each license shall automatically expire one year from the date of issuance unless an application for recertification is made to the Health Department no later than sixty days before the expiration date of the current license.
(c) Any person wishing to apply for an initial license shall make application for such license at least sixty days prior to accepting residents for a group home.
(d) A license shall be valid only for the specific facility and person(s) named thereon and shall not be assigned or transferred to any other person as defined by Section 1744.01. If operated by a corporation, the chief executive officer shall also be listed.
(e) A license may be denied, suspended or revoked pursuant to the procedures set forth in this chapter.
(f) A fee for the issuance and renewal of the license shall be established by ordinance of Council.
(g) The Health Commissioner may issue a temporary license for a group home if the facility meets the requirements of subsections (a) and (c) hereof and Section 1744.03(a).
(1) A temporary license shall be valid for a period of ninety days and may be renewed for an additional ninety days without payment of an additional application fee.
(2) The Health Commissioner may refuse to renew the temporary license of any group home for failure to make reasonable progress toward compliance with the requirements for licensure under this chapter. The Health Commissioner may revoke a temporary license upon a finding that the facility jeopardizes the health and safety of its residents. Proceedings initiated to deny, revoke, or refuse to renew a temporary license are not subject to Section 1744.06.
(h) Waiver procedures: The applicant shall address his/her application for waiver of subsection (a) hereof to the Zoning Analyst. There are two alternative methods by which a waiver may be granted:
(1) The applicant shall submit a petition to one hundred percent (100%) of the persons owning property within 1,000 feet of the proposed regulated use. The petitioner shall attempt to contact all eligible owners within this radius and must maintain a list of all addresses for which no contact could be made. The petition shall list the name and address of all persons approving the new location and a separate petition for all persons disapproving the new location or unable to be contacted. If in the opinion of the Zoning Analyst, the petitions are in order and the petitioner has verified a total figure of all persons owning property within 1,000 feet of the proposed new use and at least fifty-one percent (51%) of the property owners have approved the proposed use, then the waiver shall be granted. A list of property owners shall be supplied by the Zoning Analyst for a fee of five hundred dollars ($500.00).
(2) The petitioner may address his/her written request for a waiver of the 2,000' requirement to the Board of Zoning Appeals who shall hold a public hearing and make all final determinations. The petitioner shall deposit a nonrefundable fee of five hundred dollars ($500.00) to defray all cost involved in the hearing of waiver process.
(3) The Board of Zoning Appeals who shall receive a request for waiver of subsection (a) hereof may take into consideration the following when deciding whether to grant or refuse such a waiver:
A. That the establishment of proposed use will not be contrary to the public interest or injurious to nearby properties;
B. That the establishment of proposed use will not create the development of an area which will be injurious to the persons living inside the licensed facility;
C. That the establishment of proposed use will not inhibit or deny the mainstreaming of former mental patients or the mentally retarded, where appropriate, into the general community;
D. That the establishment of an additional regulated use in the area will not be contrary to any program of neighborhood conservation, urban renewal or economic development;
E. That all applicable regulations of this chapter will be observed;
F. The Board may consider whether or not the establishment has operated contrary to the sections in this chapter, including but not limited to whether the establishment has operated without appropriate licensing.
G. Any and all other applicable considerations.
(Ord. 22-142. Passed 4-25-22.)
(i) A non-conforming group home may not be re-established after voluntarily being discontinued through ceasing operation or vacancy for one year or more.
(Ord. 01-155. Passed 2-20-02.)