1248.03 SPECIAL LAND USES.
   The following uses may be permitted as special land uses in the one-family residential districts subject to the procedures and standards of Chapter 1274 of these Codified Ordinances.
   (a)   Church, mosque, synagogue and church, mosque and synagogue related accessory uses.
   (b)   Public, parochial and private intermediate and/or secondary schools offering courses in general education, not operated for profit. The proposed site shall have direct access only to an existing or planned major thorofare.
   (c)   Utility and public service buildings and uses (without storage yard) when operating requirements necessitate the locating of said building within the district in order to serve the immediate vicinity.
   (d)   Private non-commercial recreational areas; institutional or community recreation centers; non-profit swimming pool club, all subject to the following conditions:
      (1)   The proposed site for any of the uses permitted herein which would attract persons from, or are intended to serve, areas beyond the immediate neighborhood, shall have at least one property line abutting a major thorofare as designated on the Major Thorofare Plan, and the site shall be so planned as to provide all access directly to said major thorofare.
      (2)   Front, side, and rear yards shall be at least eighty feet wide, and shall be landscaped in trees, shrubs, and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to obscure the use from abutting Residential Districts.
      (3)   Off-street parking shall be provided so as to accommodate not less than one half of the member families and/or individual members. The Planning Commission may modify the off-street parking requirements in those instances wherein it is specifically determined that the users will originate from the immediately adjacent areas, and will therefore be pedestrian. Prior to the issuance of a building permit or zoning compliance permit, by-laws of the organization shall be provided in order to establish the membership involved for computing the off-street parking requirements. In those cases wherein the proposed use or organization does not have by-laws or formal membership, the off-street parking requirement shall be determined by the Planning Commission on the basis of usage.
      (4)   Whenever a swimming pool is constructed under this Zoning Code, said pool area shall be provided with a protective fence, six feet in height, and entry shall be provided by means of a controlled gate.
   (e)   Golf courses, which may or may not be operated for profit, subject to the following conditions:
      (1)   The site shall contain at least six acres for each hole and be so planned as to provide all access directly onto or from a major thorofare as designated on the Major Thorofare Plan.
      (2)   The site plan shall be laid out to achieve a relationship between the major thorofare and any proposed service roads, entrances, driveways, and parking areas which will encourage pedestrian and vehicular traffic safety.
      (3)   Development features, including the principal and accessory buildings and structures and uses, shall be so located and related as to minimize the possibilities of any adverse effects upon adjacent property. This shall mean that all principal or accessory buildings shall be not less than 200 feet from any property line abutting residentially zoned lands, provided that where topographic conditions are such that buildings would be screened from view, the Planning Commission may modify this requirement.
   (f)   Private pools as an accessory use within the rear yard only, provided they meet the following requirements:
      (1)   There shall be a distance of not less than ten feet between the adjoining property line and the outside of the pool wall.
      (2)   There shall be a distance of not less than four feet between the outside pool wall and any building located on the same lot.
      (3)   No swimming pool shall be located less than thirty-five feet from any front lot line.
      (4)   No swimming pool shall be located less than ten feet from any side street or alley right-of-way, or the distance required for a side yard by this Zoning Code, whichever is greater.
      (5)   No swimming pool shall be located in an easement.
      (6)   For the protection of the general public, all yards containing swimming pools shall be completely enclosed by a fence not less than four feet in height. The gates shall be of a self-closing and latching type, with the latch on the inside of the gate not readily available for children to open. Gates shall be capable of being securely locked when the pool is not in use. However, if the entire premises of the residence are enclosed, then this provision may be waived by the Community Development Director upon inspection and approval.
   (g)   Housing for the elderly, retired or assisted care facilities and nursing homes provided the following minimum requirements are met:
      (1)   A building of greater than the maximum height permitted in Appendix I, Schedule of Regulations, may be allowed, provided that front, side and rear yards are increased above the minimum required yards by a distance equal to the total height of the structure.
      (2)   The site shall be so located as to have direct access to a major thorofare or secondary (collector) street. All access to the site shall be directly onto a marginal access service drive, or upon said major or secondary street with the approval of the Planning Commission.
      (3)   The maximum density of housing for the elderly, retired or assisted care facilities or nursing home shall not exceed 15 units per acre. For purposes of this section, a unit shall include a room in a nursing or assisted living facility or a dwelling unit with or without kitchen facilities designed for occupancy but not more than two persons.
      (4)   Uses permitted shall include, but need not be limited to:
         A.   Group dining facilities;
         B.   Recreational facilities;
         C.   Commercial or retail uses for use by residents or their guests, child or adult day care facility;
         D.   Limited medical or therapy facilities for residents.
      (5)   Where such use abuts an existing residential land use or a residential zoning district, a landscape buffer zone shall be provided as specified in Section 1286.03.
      (6)   The facility shall be connected to public water and sanitary sewer facilities.
      (7)   The facility shall be located and operated so as to provide its residents with safe and convenient services such as transportation, shopping, recreation and medical services.
   (h)   Bed and breakfast as regulated in Section 1274.08.
   (i)   Child and adult day care homes that provide care to more than six but not more than 12 minor children.
   (j)   Neighborhood service store, provided its meets the following requirements:
      (1)   For the purposes of this subsection, a neighborhood store is a retail business which supplies commodities on premises, such as, but not limited to, groceries, dairy products, magazines or newspapers and other household "basics" primarily to the residents of the neighborhoods in proximity to the business. Sometimes referred to as a "convenience store".
      (2)   The use is only permitted in the R-1 One-Family Residential District.
      (3)   The use is only permitted on a corner lot with a minimum of 9,750 square feet and with both streets that the use fronts on being major streets as defined by the City's 2006 Act 51 Street System Map. The street and street sections that are designated as "Major" are as follows:
         A.   Adams Street between West Main and Jackson Streets;
         B.   Cleveland Street between Main Street and Cleveland St. Bridge;
         C.   Cyrus Street;
         D.   Depot Street;
         E.   Hackett Street between Harter and State Streets;
         F.   Harter Street between Hackett and High Streets;
         G.   High Street between M-66 and Harter Street;
         H.   Hudson Street between Main and Adams Streets;
         I.   Jackson Street between M-21 and Webb Street;
         J.   Jefferson Street between Main and Fargo Streets;
         K.   Kidd Street;
         L.   Library Street;
         M.   Main Street;
         N.   Mill Street between Main and Webber Streets;
         O.   Morse Street between Washington and Allen Streets;
         P.   Rice Street;
         Q.   Summit Street between Union and Rich Streets;
         R.   State Street between M-21 and Hackett Street;
         S.   Steele Street;
         T.   Union Street between M-21 and Washington Street;
         U.   Washington Street between M-66 and Morse Street; and
         V.   Yeomans Street.
         The layout of the site shall comply with the clearance requirements specified in Section 1286.06.
      (4)   Setbacks:
         A.   Existing structure. When an existing structure is converted to this use the setbacks of the existing structure are acceptable to permit the structure to be converted to this use with the structure not needing to comply with the setbacks contained in this section for a new structure.
         B.   New structure. When a new structure is constructed to accommodate this use, the front yard setback shall be a minimum of fifteen feet, the side yard a minimum of six feet and the rear yard a minimum of fifteen feet. For the purposes of this section, a corner lot contains two front yards (portions of the lot abutting the streets) one side yard and one rear yard.
      (5)   The use must be located on the first floor of the structure, must be a minimum of 1,000 square feet and a maximum of 2,000 square feet of usable floor space and may only be combined with a residential use.
      (6)   The use shall not utilize a drive-thru window or any method of drive-thru service.
      (7)   All retail activity must be conducted within the structure and vending machines/ice machines are not permitted outside the structure.
      (8)   Hours of operation shall be limited to the following:
         A.   Monday, Tuesday, Wednesday, Thursday - 5:30 a.m. to 10:00 p.m.;
         B.   Friday and Saturday - 5:30 a.m. to 11:00 p.m.;
         C.   Sunday - 5:30 a.m. to 9:00 p.m.
      (9)   The use shall not be within 1,000 feet of another like or similar use.
      (10)   Off-street parking for shall be provided with a minimum of one off-street parking space per 250 square feet of usable floor area and a maximum of one off-street parking space per 150 square feet of usable floor area. Parking shall not be permitted in the rear yard of the site. If the neighborhood store use is combined with a residential use, the residential parking requirements are independent and in addition to the requirements for parking for the neighborhood store use.
      (11)   The exterior of the structure that the use is located must have a residential appearance and be maintained in such manner. This includes siding, roof pitch, and window styles typically used in the construction of a residence.
      (12)   The site shall be landscaped as specified in Section 1286.03.
      (13)   Accessory structures shall not be permitted on the site.
      (14)   The use shall be advertised only by a sign affixed to the building which may not exceed thirty-two square feet in size. The sign shall not be interior illuminated, flashing, moving, animated or intermittent.
      (15)   Exterior lighting shall be as specified in Section 1286.04.
   (k)   Foster care group home for seven or more.
   (l)   Child care center which may also be called a pre-school.
(1975 Code § 5.33; Ord. 08-2002-01. Passed 9-3-02; Ord. 450. Passed 5-1-07; Ord. 461. Passed 10-7-08; Ord. 504. Passed 7-2-13.)