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(a) Council may by special permit, following a public hearing advertised as provided in Sections 1109.05 through 1109.07, authorize the location of any of the following buildings or uses in any district, except as herein qualified, from which they are otherwise prohibited by this Zoning Code. However, appropriate conditions and safeguards shall be imposed to protect the public welfare and to conserve and protect property and property values in the neighborhood:
(1) Commercial amusement or recreational development for temporary or seasonal periods.
(2) Cemetery or mausoleum on a site of twenty acres or more, provided that any mausoleum shall be located at least 200 feet from any street or lot line.
(3) Private hospitals and institutions, except institutions for criminals and for persons who are mentally ill or have contagious diseases. However, such buildings may occupy not over twenty-five percent (25%) of the total area of the lot or tract and shall not have any serious and depreciating effect upon the value of the surrounding property. Further, the buildings shall be set back from all yard lines heretofore established an additional distance of not less than two feet for every foot of building height, and that adequate off-street parking space shall be provided.
(4) Greenhouses and nurseries provided that any such structure shall not be less than 100 feet from all property lines.
(5) Removal of sand, gravel, topsoil or other raw materials.
(6) A trailer court when located in a C-1 General Commercial or an M-1 Light Industrial District, provided there shall be at least 2,000 square feet of land area for each trailer and that no trailer shall be closer than twenty feet to any property line. Further, all state and county regulations shall be complied with.
(7) All advertising signs or billboards when located at least fifty feet from the boundary of any R District and when located in any C District or any M District, and when not erected within the yard requirements.
(8) Motels and hotels when located in any R-4 District.
(9) Drug paraphernalia facilities require a special use permit and may only be located in Commercial and Industrial Districts, provided they are not located within 1,000 feet of any R District, place of religious worship, school, boys' club, girls' club, or similar existing youth organization.
(10) An integrated residential development for dwellings of any type when located on a tract of land comprising an area of five acres or more, provided the development plan is approved by the Planning Commission as creating a stable and desirable residential environment and is found by the commission to meet the following specific conditions:
A. The property adjacent to the area included in the plan shall not be adversely affected.
B. The plan is consistent with the intent and purposes of this Zoning Ordinance to promote public health, safety, morals and general welfare.
C. The buildings shall be used only for single-family dwellings, two-family dwellings or multiple dwellings and the usual accessory uses, such as private or storage garages and storage space and for community activities.
D. The buildings do not exceed the height regulations of the district in which the development is located.
E. The average lot area per family contained in the site, exclusive of the area occupied by streets, shall not be less than the lot area per family required in the district in which the development is located.
F. If the Planning Commission and Council approve the plans, building permits and certificates of occupancy may be issued even though the use of land, the location of the buildings to be erected in the area and the yards and open space contemplated by the plan do not conform in all respects to the district regulations of the district in which it is located.
(2004 Code; Ord. 6769)