§ 82-148 CONDITIONAL USES.
   The following uses may be permitted in an RM-1 Multiple-Family Residential District upon the granting of a permit for such use by the Planning Commission, subject to the conditions imposed in this section for each use and subject further to such other conditions which in the opinion of the Planning Commission are necessary to provide adequate protection to the neighborhood and to abutting properties and subject further to a public hearing in accord with § 82-34(C).
      (1)   General hospitals, except those for criminals and those solely for the treatment of persons who are mentally ill or have contagious disease, not to exceed 4 stories, when the following conditions are met:
         (a)   All such hospitals shall be developed only on sites consisting of at least 5 acres in area, and shall not be permitted on a lot of record;
         (b)   The proposed site shall have at least 1 property line abutting a major thoroughfare;
         (c)   The minimum distance of any main or accessory building from bounding lot lines or streets shall be at least 40 feet for front, rear and side yards for all 2 story structures. For every story above 2, the minimum yard distance shall be increased by at least 10 feet;
         (d)   Ambulance and delivery areas shall be obscured from all residential view with an obscuring wall or fence 6 feet in height. Ingress and egress to the site shall be directly from a major thoroughfare;
         (e)   All ingress and egress to the off- street parking area, for guests, employees, staff, as well as any other uses of the facilities, shall be directly from a major thoroughfare.
      (2)   State-licensed day care centers for children, subject to the following conditions:
         (a)   Such facility shall have received a state license to operate prior to seeking a special use permit under this chapter;
         (b)   Not less than 400 square feet of outdoor play area per child, as authorized by the license issued to the applicant by the Department of Children and Family Services allowed to occupy such home, shall be provided on the site;
         (c)   Screening and fencing of outdoor play area shall be provided as required by the Planning Commission;
         (d)   Parking shall be provided to allow for direct drop-off and pick-up of children without requiring children to cross public streets.
      (3)   Convalescent homes or nursing homes not to exceed a height of 2 stories, when the following conditions are met:
         (a)   The site shall be so developed as to create a land-to-building ratio on the lot or parcel whereby for each one bed in the convalescent home there shall be provided not less than 1,500 square feet of open space. The 1,500 square feet of land area per bed shall provide for landscape setting, off-street parking, service drives, loading space, yard requirements, employee facilities and any space required for accessory uses. The 1,500 square foot requirement is over and above the building coverage area;
         (b)   No building shall be closer than 40 feet to any property line.
      (4)   Group homes for children subject to the following.
         (a)   The setback requirements of §§ 82-426 and 82-427(E) and (F) shall apply; however, the minimum side yard setback be not less than 25 feet.
         (b)   In the event that use of outdoor areas is planned, the outdoor areas shall be screened by landscaping.
         (c)   That the total maximum number of residents shall not exceed 20, not including those providing care.
         (d)   The group home will be hooked up to public water and sanitary sewer facilities.
         (e)   The group home shall not be used for any of the following purposes:
            1.   As a correctional facility as defined in Public Act 415 of 1982, § 2(b), being M.C.L.A. § 791.502(b);
            2.   As a facility which houses juveniles as defined in Public Act 73 of 1988, § 2(b), being M.C.L.A. § 803.222(b);
            3.   As a facility which houses persons deemed incompetent to stand trial under the provisions of Public Act 258 of 1974, §§ 1031 and 1032, being M.C.L.A. §§ 330.2031 and 330.2032;
            4.   As a facility which houses persons acquitted of a criminal charge by reason of insanity and committed according to the provisions of Public Act 258 of 1974, § 1050, being M.C.L.A. § 330.2050.
         (f)   Parking shall be provided in accordance with § 82-455(14)(a)1 and shall otherwise comply with § 82-455. Parking located closer than 10 feet from any property line shall be screened.
         (g)   The maximum lot area coverage by all buildings not to exceed 25%.
         (h)   That all group homes shall be located on an improved (paved) street.
         (i)   The Planning Commission may place or require any conditions it deems necessary to insure compliance with the provisions listed above.
         (j)   The group home must be a state licensed residential facility and comply with all applicable laws and regulations of the same.
         (k)   The site for which a group home is proposed shall be at least 1 acre in size.
(1993 Code, § 82-148) (Ord. passed 10-12-1992; Ord. passed 1-13-1997(2))