[Ord. 7903, passed 11-12-2009]
(a)
BLOCK —
(1)
That area surrounded by four streets or streets and a natural
barrier such as Neshannock Creek, in which the location of the proposed
home is located, or;
(2)
The area including the half-block within which the proposed
home use is located and a half-block across a street from a lot on
which a proposed home adjoins. A half block shall be bounded by intersecting
streets at each end thereof or by a natural barrier such as Neshannock
Creek, and either include a proposed home use or be across a street
from a half-block including a proposed home use.
[Ord. 7903, passed 11-12-2009]
Group homes, personal care homes or dwellings (hereinafter referred
to as Home) for groups of not more than eight persons, minors or adults,
unrelated by blood or marriage and a married couple or two adults
who are in charge of, or are the supervisors of, the other persons
living there with all of such persons, including the supervisors,
living together as a dwelling unit may be permitted provided, however,
Council may revise or impose additional restrictions or conditions
on such occupancy, which as a minimum, shall require the open space,
yard area and lot size, restrictions as set forth in Table 1329.04(B),
no less than three off-street parking spaces, and, minimum standards
as provided in the applicable Uniform Construction Codes. Also, such
homes shall be permitted only in an R-3 Residential District in the
City, and no home shall be permitted in any of such areas unless 50%
or more of the area permitted in any of such block, or 2 1/2
blocks comprising a block, in which the proposed home is to be located
is nonresidential. And no more than one home shall be permitted in
any four blocks of the City as defined in Section 1335.01, nor shall
a home be permitted within 2,000 feet at the nearest point of the
boundary of a lot on which an existing group home is located.
[Ord. 7903, passed 11-12-2009]
It is not the intent of this article to allow for automatic
establishment of group homes, personal care homes or dwellings for
groups. All such homes shall follow the following procedure before
the establishment of a home:
(a)
An application for the establishment of a home shall be filed with
the Zoning Officer, who shall review the proposed location with regard
to zoning and spacing requirements.
(b)
The application shall then be referred to the Building Inspector
to determine if the construction of the building meets the basic requirements.
(c)
The application shall then be referred to the Plumbing Inspector
to determine if the plumbing facilities of the building meet the basic
requirements.
(d)
The Housing Inspector shall then make the final review and establish
that the home meets the basic requirements for housing.
(e)
If the application is approved, the applicant shall then file and
OPA (Occupancy Permit Application) for a small or large care home
with the Director of Code Enforcement. The Director of Code Enforcement
shall:
(f)
Having obtained the courtesy inspection report from the State, the
applicant shall then file with Council for approval of "Conditional
Use." This involves the following process:
(1)
The application shall be introduced, tabled and referred to
the City Planning Commission for recommendation;
(2)
A hearing shall be advertised, held and testimony reviewed by
the City Planning Commission.
(3)
The City Planning Commission shall make a written recommendation
to Council.
(4)
Council shall review the recommendation and either allow or
deny the application. The decision of Council shall be based on full
use. Approval shall be subject to issuance of certificates and issuance
of State license and certificate of occupancy.
(g)
The Code Enforcement Director shall then authorize a temporary certificate
of occupancy for a limited period of time (not to exceed six months).
(h)
Follow-up inspections are made. If the home is in compliance, a license
for full occupancy shall be issued.
(i)
Continuing inspections shall be made. Any violations of City ordinance
shall be subject to the applicable code and penalty.
[Ord. 7903, passed 11-12-2009]
All other sections of the Codified Ordinances of the City and
the amendments and supplements thereto not inconsistent herewith are
hereby re-enacted and re-ordained; and if any other provision therein
is inconsistent with the provisions of this article, such provisions
shall give way as to and be construed as though the provisions of
this article have superseded the inconsistent provisions or parts
of provisions of the Codified Ordinances.
