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§ 150.261 REVIEW PROCEDURE.
   (A)   Upon receipt of an application for an improvement location permit for a special exception by the Building Inspector, it shall be referred to the Board. A copy of each application shall be referred concurrently to the Commission. The application shall be prepared in the same manner and form as all other applications for improvement location permits. The application shall be accompanied by a written statement showing that the conditions and requirements of Ch. 153 of this code of ordinances have been or will be met, and providing such other information showing that the proposed special exception will be in compliance with all applicable conditions and requirements of this chapter.
   (B)   The Board shall then proceed with a hearing which shall be held within 45 days from the date of filing of the application for a special exception. The Board shall cause notice of the hearing to be published in a newspaper of general circulation in the city at least ten days prior to the date set for the hearing, setting forth the time and place of the hearing and giving due notice to the interested parties in accordance with the rules of the Board.
   (C)   Upon the hearing, if the Board finds that the conditions listed below exist, the Board shall direct the Building Inspector to issue the improvement location permit for the special exception, otherwise the Board shall direct the Building Inspector to reject the application. The findings of the Board and its order to the Building Inspector shall be in writing.
      (1)   The establishment, maintenance or operation of the special exception will not be detrimental to or endanger the public health, safety, morals or general welfare.
      (2)   The special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property value within the neighborhood.
      (3)   The establishment of the special exception will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
      (4)   Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.
      (5)   Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
      (6)   The special exception will be located in a district where such use is permitted and where all other requirements set forth in § 150.263 of this chapter applicable to the special exception will be met.
   (D)   An existing use which is listed herein as a special exception, and which is located in a district in which the special exception may be permitted, is a conforming use. Any expansion of the special exception involving the enlargement of buildings, structures and land area devoted to the use shall be subject to the requirements and procedure described in this section.
   (E)   Any person to whom is issued an improvement location permit for a special exception who fails to commence construction within 12 months after the permit is issued, who fails, after commencing construction within such period, to carry to completion the total development plan thereof within three years after the construction is begun, or who fails to conform to the provisions of the development plan and supporting data finally approved by the Board and upon the basis of which such improvement location permit was issued, may be required by the Board upon its own motion, and shall be required by the Board upon written petition of any person deeming himself or herself aggrieved, to show cause why the approval should not be withdrawn and the improvement location permit revoked.
   (F)   The holder of an improvement location permit for a special exception may apply to the Board at any time for an alteration, change, amendment, extension of the application or development plan upon which the permit was based.
      (1)   Upon receipt of the application, the Board shall proceed as in the case of original applications for an improvement location permit for a special exception.
      (2)   In the event the Board shall approve and order the application or development plan changed, altered, amended or extended, it shall so notify the Building Inspector, who shall issue an amended improvement location permit.
   (G)   A residential development plan may be permitted by the Board as a special exception, and subject to compliance with the following requirements and procedure in accordance with this section.
      (1)   The buildings proposed shall be used primarily for single-family or two-family dwellings, apartments or group houses, and the usual accessory uses such as garages, storage spaces and community activities, and only a small commercial area, composed of service stores, may be included.
      (2)   The area of the tract, excluding street area, but including the area to be devoted to parks, parkways and other open spaces, will provide the minimum lot area per family, counting all families to be housed under the residential development plan which is required for the district in which the development is to be located.
(Prior Code, § 150.191) (Ord. 1978-4, passed 3-21-1978)
§ 150.262 SHOPPING CENTER PLAN, REQUIREMENTS AND PROCEDURES.
   A shopping center plan may be permitted by the Board as a special exception, and subject to compliance with the following requirements and procedure in accordance with §§ 150.260 through 150.264 of this chapter.
   (A)   The local commercial uses in §§ 150.110 through 150.119 of this chapter, and also bowling alleys or roller rinks, and department stores, are permitted on the tract of land proposed for a shopping center; provided that, the proposed plan includes at least four separate types of commercial uses as are specifically classified or implied in the local commercial use categories in §§ 150.110 through 150.119 of this chapter; and, provided further that, not more than one of these shall be an automobile service, other than a public parking area, as set forth in §§ 150.110 through 150.119 of this chapter.
   (B)   The tract of land proposed for a shopping center plan shall be of an area of not less than five acres, and the average length of the tract shall be not greater than one and one-half times the average width.
   (C)   The Board may order a permit issued for a shopping center plan in accordance with the procedure and provisions of this chapter and upon an affirmative finding by the Board that the following requirements have been met by the owners or developers of the tract of land proposed for a shopping center plan.
      (1)   Traffic study.
         (a)   To include a comparative analysis of present capacity of streets adjacent to the proposed center and potential capacity volumes, taking into consideration the effect the proposed center will have upon engendering additional traffic; and
         (b)   To include a circulation plan for all streets (existing and proposed) which show recommendations for controlling, signalizing, channelizing, storing and warning traffic.
      (2)   Development plan. To include the following additional requirements:
         (a)   A plan of landscape development which shall include, among other considerations, an area of at least ten feet in width along all streets, with the exception of approved entrances, which border the proposed center, to be planted and maintained with trees and shrubbery to serve as a screen for the parking area;
         (b)   A planting screen, consisting of suitable shrubbery, maintained at a six-foot height by six-foot width, to be planted wherever the proposed center would abut residential use;
         (c)   Provision for one off-street parking space (at least 270 square feet in area) per 60 square feet of sales area in the center;
         (d)   In order to create a greenbelt, no buildings or paved areas (other than access drives) may be located closer than 50 feet to any area used or zoned for residential purposes; and such greenbelt shall be maintained as lawn together with appropriate landscape development and screen planting hereinbefore specified; and
         (e)   An adequate number and proper arrangement of loading and unloading berths shall be shown in the development plan and provided by the developer.
      (3)   Other authority approval. Any other authority approval required when applicable, such as the State Department of Health or State Highway Department, shall accompany the application.
      (4)   Outdoor signs and lighting. The location, effect and arrangement of all outdoor advertising signs proposed to be erected shall be subject to the approval of the Board.
      (5)   Architectural control. Architectural plans of the building and structures proposed to be constructed shall be subject to the approval of the Board. The Board’s approval shall be based on the architectural plans creating a unified design which will be in character and in proper relationship to the surrounding areas.
(Prior Code, § 150.192) (Ord. 1978-4, passed 3-21-1978)
§ 150.263 SPECIAL EXCEPTION REQUIREMENTS.
   All uses listed in this section shall be subject to the minimum requirements in the district in which they are allowed; except that, any requirement listed for each use in this section shall be a minimum requirement for that use.
   (A)   Airport.
      (1)   Minimum lot area: 80 acres.
      (2)   Minimum number of parking spaces: one per employee, plus one per three seats in waiting room.
      (3)   A development plan shall be submitted with the application.
      (4)   Minimum building height as required by appropriate federal agency, but not to exceed 70 feet.
   (B)   Heliport.
      (1)   Minimum lot area: one acre.
      (2)   Use to be not closer than 200 feet to a residential use.
      (3)   A fence of four-foot wire mesh shall be erected abutting any residential use.
      (4)   Minimum number of off-street parking spaces: one per employee, plus one per three seats in waiting room.
      (5)   A development plan shall be submitted with the application.
      (6)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
   (C)   Artificial lake of three or more acres.
      (1)   A six-foot wire mesh fence shall be erected where accessible to the public.
      (2)   A development plan shall be submitted with the application.
   (D)   Cemetery.
      (1)   Minimum lot area: 40 acres.
      (2)   A plan of landscape development to be submitted with application.
      (3)   A screen planting at least six feet in height by six feet in width where abutting residential use, which must be tight screen, effective at all times.
      (4)   A development plan is to be submitted with the application.
      (5)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
   (E)   Church or temple.
      (1)   Minimum number of off-street parking spaces: as determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated peak parking load requirements.
      (2)   A development plan is to be submitted with the application.
   (F)   Commercial farm enterprise.
      (1)   Minimum number of off-street parking spaces: as determined by the Board. The determination shall be based upon the expected number of parking spaces the particular type of use would require to satisfy estimated peak parking load requirements.
      (2)   A development plan is to be submitted with the application.
   (G)   Country club or golf course.
      (1)   Minimum lot area: 80 acres.
      (2)   A four-foot wire mesh fence must abut any residential use.
      (3)   Minimum number of off-street parking spaces: 30.
      (4)   A development plan must be submitted with the application.
      (5)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
   (H)   Greenhouse, commercial.
      (1)   Minimum lot area: 25,000 square feet.
      (2)   Minimum front yard: 60 feet.
      (3)   Minimum side yard: 30 feet.
      (4)   Minimum rear yard: 40 feet.
      (5)   Building setback from a centerline of interior road: 40 feet.
      (6)   Minimum number of off-street parking spaces: one per three employees, plus one per 125 square feet of sales area.
   (I)   Hospital.
      (1)   Minimum lot area: five acres.
      (2)   Minimum front yard: 60 feet.
      (3)   Minimum side yard: 30 feet.
      (4)   Minimum rear yard: 40 feet.
      (5)   A plan of landscape development is to be submitted with the application.
      (6)   A screen planting at least six feet in height by six feet in width where abutting residential use, which must be tight screen, effective at all times.
      (7)   Minimum number of off-street parking spaces: one per four beds, plus one per doctor, plus one per three employees, plus one per hospital vehicle.
      (8)   A development plan must be submitted with the application.
      (9)   Maximum height of building: 70 feet.
   (J)   Nursing home.
      (1)   Minimum lot area: 15,000 square feet, but not less than 1,500 square feet per person cared for.
      (2)   Minimum side yard: ten feet.
      (3)   Building setback from centerline of interior road: 40 feet.
      (4)   A plan of landscape development to be submitted with the application.
      (5)   A screen planting at least six feet in height by six feet in width where abutting residential use, which must be tight screen, effective at all times.
      (6)   Minimum number of off-street parking spaces: one per five patients, plus one per each staff member or supervisor doctor, plus one per each three employees.
      (7)   A development plan to be submitted with the application.
   (K)   Nursing home conversion. Requirements are the same as for nursing homes (division (K) above), except: minimum lot area: 2,500 square feet, but not less than 750 square feet per person cared for.
   (L)   Outdoor commercial enterprise, recrea- tional.
      (1)   Minimum side yards: 40 feet.
      (2)   Minimum rear yard: 40 feet.
      (3)   Building setback from centerline of interior road: 40 feet.
      (4)   A plan of landscape development to be submitted with the application.
      (5)   A six-foot wire mesh fence must be erected where use is accessible to the public.
      (6)   A screen planting at least six feet in height by six feet in width where abutting residential use, which must be tight screen, effective at all times.
      (7)   Minimum number of off-street parking spaces: one per three employees, plus one per 500 square feet of use area.
      (8)   A development plan must be submitted with the application.
      (9)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
   (M)   Outdoor theater.
      (1)   Minimum front yard, abutting residential: 100 feet; abutting other use: 100 feet.
      (2)   Minimum side yard, abutting residential: 75 feet; abutting other use: 30 feet.
      (3)   Minimum rear yard, abutting residential: 40 feet; abutting other use: 20 feet.
      (4)   A four-foot wire mesh must abut any residential use.
      (5)   A development plan must be submitted with the application.
      (6)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
   (N)   Private recreational development.
      (1)   Minimum side yard: 40 feet.
      (2)   Minimum rear yard: 40 feet.
      (3)   A plan of landscape development is to be submitted with the application.
      (4)   A screen planting at least six feet in height by six feet in width where abutting residential use, which must be tight screen, effective at all times.
      (5)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
   (O)   Private school, including kindergarten or day nursery.
      (1)   Minimum lot area: 10,000 square feet.
      (2)   Minimum side yard: ten feet.
      (3)   A four-foot wire mesh fence around the play area.
      (4)   Minimum number of off-street parking spaces: one per two employees, plus one per five children to be accommodated.
      (5)   A development plan must be submitted with the application.
      (6)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
   (P)   Produce terminal wholesale or truck freight terminal.
      (1)   Minimum lot area: six acres.
      (2)   Minimum front yard, abutting residential: 100 feet; abutting other use: 100 feet.
      (3)   Minimum side yard, abutting residential: 75 feet; abutting other use: 40 feet.
      (4)   Minimum rear yard, abutting residential: 40 feet; abutting other use: 20 feet.
      (5)   A plan of landscape development to be submitted with the application.
      (6)   A six-foot wire mesh fence will be required where there is public accessibility.
      (7)   A screen planting at least six feet in height by six feet in width where abutting residential use, which must be tight screen, effective at all times.
      (8)   Minimum number of off-street parking spaces: one per two employees on largest shift.
      (9)   A development plan must be submitted with the application.
      (10)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
   (Q)   Professional office.
      (1)   Minimum side yard: ten feet.
      (2)   Building setback from the centerline of any interior road: 40 feet.
      (3)   A plan of landscape development to be submitted with the application.
      (4)   A screen planting at least six feet in height by six feet in width where abutting residential use, which must be tight screen, effective at all times.
      (5)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
      (6)   Maximum height of structure: 45 feet.
   (R)   Public camp.
      (1)   Minimum lot area: five acres.
      (2)   Minimum front yard, abutting residential: 100 feet; abutting other use: 100 feet.
      (3)   Minimum side yard, abutting residential: 75 feet; abutting other use: 30 feet.
      (4)   Minimum rear yard, abutting residential: 40 feet; abutting other use: 20 feet.
      (5)   Uses permitted not closer than 200 feet to a residential use.
      (6)   A development plan must be submitted with the application.
      (7)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
   (S)   Public sanitary fill. A four-foot wire mesh fence will be required abutting any residential use.
   (T)   Employee parking area.
      (1)   A four-foot wire mesh fence around the parking area.
      (2)   A development plan must be submitted with the application.
      (3)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
      (4)   No sales, dead storage, repair work or dismantling on the lot.
   (U)   Public park or public recreational facility.
      (1)   A plan of landscape development must be submitted with the application.
      (2)   A development plan to be submitted with the application.
      (3)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
   (V)   Radio or television transmission tower.
      (1)   Use permitted not closer than 200 feet to a residential use.
      (2)   A development plan to be submitted with the application.
      (3)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
      (4)   Maximum height of buildings as required by the appropriate federal or state agency.
   (W)   Residential development plan.
      (1)   Minimum lot area: 25,000 square feet.
      (2)   A plan of landscape development to be submitted with application.
      (3)   A development plan must be submitted with the application.
   (X)   Residential unit, cottage, hunting or fishing lodge. A development plan must be submitted with the application.
   (Y)   Special school.
      (1)   Minimum lot area: 10,000 square feet.
      (2)   Minimum side yard: ten feet.
      (3)   Erection of a four-foot wire mesh fence around the play area.
      (4)   Minimum number of off-street parking spaces: one per three employees, plus one per six students.
   (Z)   Stadium or coliseum.
      (1)   Minimum lot area: five acres.
      (2)   Minimum front yard: 60 feet.
      (3)   Minimum side yard: 30 feet.
      (4)   Minimum rear yard: 40 feet.
      (5)   A plan of landscape development is to be submitted with application.
      (6)   A screen planting at least six feet in height and six feet in width where abutting residential use, which must be tight screen, effective at all times.
      (7)   Minimum number of off-street parking spaces: three per four employees, plus one per four seats.
      (8)   A development plan must be submitted with the application.
      (9)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
   (AA)   Tourist home.
      (1)   Minimum number of off-street parking spaces: one per employee, plus one per sleeping accommodation.
      (2)   Outdoor advertising signs and outdoor artificial lighting shall be approved by the Board.
(Prior Code, § 150.193) (Ord. 1978-4, passed 3-21-1978; Ord. 2019-21, passed 11-4-2019)
§ 150.264 REQUIREMENTS FOR MOBILE HOME PARKS.
   (A)   Purpose. The manufactured mobile home park (MMHP) designation is intended to provide for and encourage, the organization and development of mobile homes and other pre-manufactured dwellings in a single-family residential neighborhood setting, and to:
      (1)   Bring about manufactured home developments which are an asset to the community and to prevent the development of those which would be a detriment to the community;
      (2)   To promote manufactured home developments with the character of residential neighborhoods;
      (3)   To protect the health, safety, and welfare of manufactured home residents and the surrounding community;
      (4)   To harmonize this type of residential development with other existing and proposed land uses;
      (5)   To assure adequate service by essential public facilities and services such as roads, police, water and sewers, drainage structures, and that the establishment of any manufactured home development shall not equal excessive public expense for the facilities and services.
   (B)   Development standards. In the district in which mobile home parks are permitted, the following minimum requirements shall apply. To adequately insure the purpose of the manufactured mobile home park designation, Special Exception by the Board of Zoning Appeals is required.
      (1)   All improvements, including but not limited to roadways, sidewalks, storm drainage facilities, water distribution and sanitary sewer facilities shall be designed and constructed in conformance with the adopted standards and specifications of the city for public improvements.
      (2)   The minimum area of a mobile home park shall be five acres.
      (3)   Each mobile home site within the mobile home park shall have a minimum lot area of 3,600 square feet.
      (4)   Each mobile home site shall have a minimum lot width of 40 feet.
      (5)   All lots within a manufactured home development shall have frontage on, and access to, a public or private street.
      (6)   All structures within the mobile home park will adhere to the following setback requirements when abutting properties NOT associated/part of the mobile home park:
         (a)   Twenty-five (25) feet from the right-of-way of all roads;
         (b)   Twenty (20) feet from all side yard property lines;
         (c)   Twenty (20) feet from all rear property lines.
      (7)   All structures within the mobile home park will adhere to the following setback requirements for properties contained within or associated with the mobile home park:
         (a)   Twenty-five (25) feet from right-of-way of roadways associated with the mobile home park;
         (b)   Eight feet from all side property lines internal to the mobile home park;
         (c)   Ten feet from all rear property lines internal to the mobile home park.
      (8)   (a)   It is recognized that due to the pre-manufactured nature of mobile homes, lots exceeding the minimum area requirements of this ordinance may be necessary to accommodate some models within the required yard setbacks. Therefore, suitable provisions shall be made by the developers of the manufactured home development in their advance planning to provide for such homes in their design.
         (b)   Based upon this guideline, the fact that the size of a particular home would create a violation of any of the yard requirements of this ordinance when applied to a specific lot, shall not, in itself’, be considered an adequate basis for the granting of a variance from such requirements.
      (9)   Not less than 10% of the gross area of the mobile home park shall be improved for recreational activities for the residents of the park.
      (10)   Buffer zone. A 40-foot wide buffer zone (not less than 12 feet high at maturity) along the perimeter of the mobile home park shall contain plantings so as to provide an opaque barrier, or screen, between the park and adjacent property and along adjacent roadways. No plantings or other visual barriers shall encroach beyond the home park property line. No home or accessory structure shall encroach upon the buffer zone.
      (11)   Each park shall provide a single waterproof accessory structure for each mobile home site, suitable for storage of goods and the usual effects of persons occupying the park. The accessory structure shall not exceed a height of 16 feet, nor be two-stories in height, nor be closer than five feet from any side or rear property line.
      (12)   All exterior park lights shall be so located and shielded as to prevent direct illumination of any areas outside the park.
      (13)   Each mobile home site shall be provided with a stand consisting of either a solid concrete slab or two concrete ribbons of a thickness and size adequate to support the maximum anticipated loads during all seasons. When concrete ribbons are used, the area between the ribbons shall be filled with a layer of crushed rock. An anchor system shall be provided in connection with the placement of each mobile home. The minimum thickness of the concrete slab or ribbon shall be six inches.
      (14)   Entrance/exit. The park shall be provided with primary and secondary access points with suitable signage place in a landscaped setting.
      (15)   Sidewalks. Sidewalks not less than four feet in width shall be required on both sides of all interior streets; In those instances where the mobile home development borders one side of an arterial or collector street, sidewalks conforming to this requirement shall only be required upon that side of the street.
      (16)   Utilities. All electric, telephone, and other utilities extended within the mobile home development to each lot shall be constructed underground. All water and sanitary sewer service connections shall not exceed ten feet in length above ground directly beneath the mobile home, and shall be suitably protected against freezing.
      (17)   Street trees. A deciduous tree of a minimum of two-inches in caliper as measured one foot above the ground shall be planted on each lot within the mobile home park. Street trees shall comply with the approved list of acceptable trees by the City of Decatur.
      (18)   Landscape maintenance. The landscaping materials depicted upon the approved plat shall be considered a binding element of the project. The developer, his or her successor, or subsequent owners of the overall development shall be responsible for its continued maintenance. Plant material which exhibits evidence of insect pests, disease, and/or damage shall be removed and replaced within the next planting season.
      (19)   Street lights. Street lights are required to be put in at the developers’ expense, as per the Board of Public Works and Safety standards.
      (20)   Parking. Minimum two off-street parking spaces per trailer space. In no case shall that portion of the paved area designated for the off-street parking encroach upon the street right-of-way.
   (C)   Mobile home standards.
      (1)   The permitted use of such parks shall be limited to the following: manufactured homes, mobile homes and modular homes.
      (2)    Minimum living space. No mobile or modular home shall be placed, erected, or altered so that its ground floor area is less than 720 square feet, exclusive of porches, terraces, garages, and exterior stairs.
      (3)   Height requirements. The height of structures within the park shall not exceed 25 feet or two stories. Accessory structures shall not exceed 16 feet.
      (4)   Compliance. Within 30 days after location, the wheels of the mobile home shall be removed and a skirting of wood or metal shall be affixed.
      (5)   No mobile home site shall be rented in any park, except for periods of 30 days or longer.
      (6)   Recognizing that a variety of manufactured buildings exist not specifically designed for residential purposes, each manufactured home placed, erected or located within a manufactured home development shall contain, at a minimum, a flush toilet, sleeping accommodations, a tub or shower bath, kitchen facilities, and plumbing and electrical connections designed for attachment to appropriate external systems.
      (7)   Permanent foundation/perimeter enclosure required. All manufactured homes located within an approved manufactured home development shall be placed upon a permanent foundation and provided with a perimeter enclosure. For the purposes of this ordinance, placement of a manufactured home upon uniform jacks or blocks, upon a concrete pad, skirted with sheet metal, aluminum, wood, or other temporary material, and secured by tie downs, shall not be considered a permanent foundation and perimeter enclosure meeting this requirement.
      (8)   All improvements within the mobile home park shall conform to the standards delineated in Chapter 154 of this code of ordinances.
(Prior Code, § 150.194) (Ord. 2019-21, passed 11-4-2019)
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