A.   Nonresidential treatment facilities shall not be built in Plain City except when specifically allowed as a permitted or conditional use in a zone established under this Title. Each such facility shall conform to the following requirements:

      1.   The facility shall comply with applicable building, safety, land use, and health codes or ordinances, the Americans with Disabilities Act, applicable state core standards and licensing requirements, and any standards set forth in a contract with a state agency.

      2.   The following site development standards and parking standards shall be applicable:

         a.   Each facility shall be subject to minimum site development standards applicable to a business in the zone in which the facility will be located; and

         b.   The minimum number of parking spaces required shall be the same as the number required for a professional office use building with similar size, occupancy, and density in the same zone.

      3.   Prior to occupancy of the facility, the person or entity licensed or certified by the Department of Human Services or the Department of Health to establish and operate the facility shall:

         a.    Provide a certified copy of such license to the City Recorder; and

         b.    Certify, in a sworn affidavit submitted with application for a business license, compliance with the Americans with Disabilities Act.

      4.   A permit for a nonresidential treatment facility is nontransferable and shall terminate if:

         a.   The facility is devoted to a use other than a nonresidential treatment facility; or

         b.   The license or certification issued by the Department of Human Services, Department of Health, or any other applicable agency, terminates or is revoked, or the facility fails to comply with the conditions set forth in this Section.

      5.   A nonresidential treatment facility shall not be located within one mile from any of the following facilities, measured in a straight line between the nearest property lines of each facility:

         a.   A residential facility for persons with a disability;

         b.   A residential facility for elderly persons occupied by more than five (5) such persons;

         c.   A protective housing facility;

         d.   A transitional housing facility;

         e.   An assisted living facility;

         f.   A rehabilitation/treatment facility;

         g.   A nonresidential treatment facility, or

         h.   Any school.

      6.   A nonresidential treatment facility shall not be made available to a person who has demonstrated by prior or current behavior, actions, and/or criminal incidents or convictions, that the person's tenancy would:

         a.   Be a direct threat to the health or safety of other persons; or

         b.   Result in substantial physical damage to the property of others.

      7.   To the extent similar requirements to any contained in this Section are contained in a specific zone in which any facility referred to herein may be located, the more restrictive provisions shall apply, and the requirements stated herein shall be considered to be in addition to presently existing Land Use Codes, subject to the conflict's resolution provisions,

      8.   This type of facility is not permitted in a residential zone. (Ord. 2023-12, 8-3-2023)