§ 78-323. Permitted uses after special approval.  


Latest version.
  • The following uses are permitted in the R-1 and R-2 districts after special approval subject to article II, division 6 of this chapter:

    (1)

    Clubs, private, noncommercial, social, fraternal, service clubs or boat clubs, not operated for profit and subject to the following requirements:

    a.

    The use does not impair the natural appearance of the land or surrounding properties.

    b.

    The clubhouse, other structures and accessory buildings as well as parking facilities pertaining to the use therefor shall have ingress and egress directly from a major or secondary thoroughfare and shall be located not closer than 150 feet from any abutting side or rear property line.

    c.

    A greenbelt buffer shall be provided where the parking is abutting a residential district. Such buffer shall be a minimum of 20 feet in width and shall be heavily planted in trees and shrubs so as to be completely obscuring and to prevent unreasonable noise or annoyance to surrounding properties.

    d.

    No sale of food or beverages of any kind shall be made outside the clubhouse, except by permission of the city council.

    e.

    No activities of any kind other than club-related shall be permitted, except within the clubhouse or in the immediate vicinity of the clubhouse.

    f.

    No business activity other than those directly related to the club or to its operation shall be permitted.

    (2)

    Nursing and convalescent homes, when the following conditions are met:

    a.

    The lot for such use shall be operated in a dwelling or a building with the external appearance of a single-family dwelling, aesthetically compatible with other dwellings within a 100-foot radius.

    b.

    Four hundred square feet of open lawn or landscaped area shall be provided for each bed.

    c.

    Off-street parking may be permitted within the front yard, provided that not more than 50 percent of the minimum yard setback shall be used for vehicular parking or driveways.

    d.

    Off-street parking may be located within a side or rear yard, provided that it is not located closer than 50 feet to any adjacent single-family residential district, unless an exception is approved by the planning commission.

    e.

    Buildings shall not exceed 175 feet in length unless an exception is approved by the planning commission.

    (3)

    Churches and related religious buildings and facilities customarily incidental thereto, but not including tents and other temporary structures, subject to the following:

    a.

    Direct primary access to a major public street.

    b.

    In order to mitigate any negative off-site impacts, such as glare, noise, trespassing, fumes, odors or sound, on single-family residential uses, the planning commission may require adequate fencing, screening or landscaping of all or parts of the site.

    c.

    Related uses, such as social centers, social service centers, schools, nursery school and rental banquet facilities, among others, shall be prohibited unless the planning commission shall find that adverse impacts will be mitigated.

    (4)

    Utility and municipal, county, regional and state service facilities and uses needed to serve the immediate vicinity, including transformer stations, lift stations and switchboards, but excluding outside storage yards.

    (5)

    Municipally-owned and operated libraries, parks, swimming pools or beaches, playgrounds, public boat docks and ramps, and other municipal recreation facilities.

    (6)

    Municipal buildings and uses.

    (7)

    Libraries, public, parochial and other private elementary or secondary schools offering courses in general education and not operated for profit.

    (8)

    Tourist homes, boardinghouses and bed and breakfast inns.

    (9)

    Group day care home, subject to Section 206(6) of PA 110 of 2006, child care center, day care center, nursery schools and preschools, as provided and subject to the regulations in Section 206 of PA 110 of 2006, as amended, and further subject to the following regulations:

    a.

    In accordance with applicable state laws, all child care facilities shall be registered with or licensed with or licensed by the Department of Social Services and shall comply with the minimum standards outlined for such facilities.

    b.

    A minimum of one hundred fifty (150) square feet of outdoor play area shall be provided, and maintained per child, provided that the overall size of the play area shall not be less than 5,000 square feet.

    c.

    The outdoor play area shall be suitably fenced and screened from abutting residentially zoned or used land by a landscaped greenbelt. The landscaped greenbelt shall be a minimum of 5-feet in width and shall consist of closely-spaced evergreen plantings (i.e., no farther than fifteen (15) feet apart) which can be reasonable expected to form a complete visual barrier that is at least six (6) feet above ground level within three (3) years of planting. Deciduous plant material may be used provided that a complete visual barrier is maintained throughout the year. Wherever screening is required adjacent to residentially zoned or used property, the screening shall be installed prior to the beginning of site grading and general construction, except where such activity would result in damage to the screening.

    d.

    The proposed facility shall front on to a paved thoroughfare or collector road.

(Ord. No. 54A, § 5.03, 11-11-1987; Ord. No. 277, § 6, 8-2-2006)