The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the Planning Commission:
(A) Adult foster care small group homes. Adult foster care small group homes shall be constructed, maintained, and operated in conformance with applicable local, state, and federal laws.
(B) Utility and public service buildings and uses (without storage yards) when operating requirements necessitate the locating of said building within the district in order to serve the immediate vicinity.
(C) Nursery schools, day nurseries and child care centers (not including dormitories); provided that for each child so cared for, there shall be provided and maintained a minimum of 150 square feet of outdoor play area. Such play space shall have a total minimum area of not less than 5,000 square feet and shall be screened from any adjoining lot in any Residential District.
(D) Private noncommercial recreational areas; institutional or community recreation centers; nonprofit swimming pool, all subject to the following restrictions:
(1) Any use permitted herein shall be developed only on acreage of at least 1 acre in area.
(2) The proposed site for any of the uses permitted herein shall have one property line abutting a major throughfare, and the site shall be so planned as to provide ingress and egress directly onto said major throughfare.
(3) Front, side, and rear yards shall be at least 80 feet wide except when abutting a nonresidential district, and shall be landscaped in trees, shrubs and grass. All such landscaping and planting shall be maintained in a healthy growing condition neat and orderly in appearance.
(4) Buildings erected on the premises shall not exceed 1 story in height except where due to topography a lower level shall be permitted when said lower level is entirely below the grade of the major throughfare abutting the parcel in question.
(5) All lighting shall be shielded to reduce glare and shall be so arranged as to reflect the light away from all residential districts.
(6) Off-street parking shall be provided so as to accommodate at least 1/2 of the member families and/or individual members. By-laws of the organization shall be provided in order to establish the membership involved for computing parking requirements. For a use permitted herein and not requiring formal membership, off-street parking requirements shall be determined by the Planning Commission on the basis of usage.
(7) Wherever the off-street parking lot is adjacent to land zoned for any residential purposes, a continuous obscuring masonry wall 4 feet 6 inches in height or a heavily planted greenbelt 10 feet in width, shall be provided along the sides of the parking area adjacent to the residentially zoned land. The wall or greenbelt shall further be subject to the provisions hereof.
(8) All parking areas shall be surfaced as required herein.
(9) Whenever a swimming pool is involved, the pool area shall be provided with a protective fence 6 feet in height and entry shall be provided by means of a controlled gate or turnstile.
(10) Where storm sewers are nonexistent or capacity is not ample, adequate on site take-off facilities shall be provided and shall be reviewed and approved by the City Commission as being adequate.
(E) Golf courses, which may or may not be operated for profit, subject to the following conditions:
(1) The site shall be so located as to provide all ingress and egress directly onto or from a major throughfare either existing or proposed.
(2) The site plan shall be laid out to achieve a relationship between the major throughfare 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 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 of 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.
(4) The minimum number of off-street parking spaces to be provided shall be 6 spaces per hole plus 1 space per employee plus spaces as required hereunder, for each accessory use, such as a restaurant or bar.
(5) Whenever a swimming pool is to be provided, said pool shall be provided with a protective fence 6 feet in height, and entry shall be by means of a controlled gate.
(F) Colleges, universities and other such institutions of higher learning, public and private, offering courses in general, technical, or religious education and not operated for profit, all subject to the following conditions:
(1) Any use permitted herein shall be developed only on sites of at least 40 acres in area, and shall not be permitted on any portion of a recorded subdivision plat.
(2) All ingress to and egress from said site shall be directly on to a major throughfare either existing or proposed.
(3) No building other than a structure for residential purposes shall be closer than 80 feet to any property line when said property line is adjacent to any Residential District.
(G) Public riding and/or boarding stables may be permitted in Residential Districts on special permit issued by the Board of Appeals (renewable each year after review by the Board of Appeals) subject to the following minimum conditions and any other reasonable condition which the Board of Appeals may impose.
(1) Public riding and/or boarding stables may be permitted on unsubdivided parcels of not less than 20 acres.
(2) Stables, paddock areas for instruction or paddock areas for the confinement of horses near stables shall be at least 300 feet from any property line.
(3) Bridle paths, and all other riding areas shall be confined to the site of continuous acreage.
(4) Off-street parking shall be provided on the site in the ratio of 1 space per horse to be stabled on the site.
(5) Lighting for exterior illumination shall be directed away from and shall be shielded from adjacent residential districts.
(6) A plot plan drawn to scale, designating all of the above areas, shall be submitted to the Board of Appeals.
(H) Private stable, as an accessory use, for not more than 1 horse on a lot where the lot is not less than 2 acres in area and provided further, that for each additional horse stabled thereon 1 acre of land shall be provided. All confinement areas and/or stables shall in all instances be located in the rear yard. In no instance shall a horse be confined nearer than 75 feet to any property line. No horse shall be allowed to run at large.
(I) Plant material nurseries and greenhouses subject to the following conditions:
(1) The minimum site size shall be 5 acres and so located as to provide all ingress and egress directly onto or from a major throughfare.
(2) Front, side, and rear yards shall be at least 50 feet wide except when abutting a nonresidential district.
(3) All buildings or structures shall be set back not less than 50 feet from any property line abutting any residential district.
(J) Bed-and-breakfast operations. A use which is subordinate to the principal use of a dwelling unit as a single-family dwelling unit, and a use in which transient guests are provided a sleeping room and board in return for payment. The use shall conform to the following conditions:
(1) The dwellings shall be located only in the B-1 and B-2 Business Districts, or R-1 Residential, subject to the following conditions:
(a) A business license is obtained in accordance with Chapter 111 of the code.
(b) The exterior appearance of the structure shall not be altered from its single family character.
(2) The establishment shall be located within a residence which is the principal dwelling unit on the property, and said dwelling is the principal residence of the establishment operator.
(3) Not more than 25% of the total floor area of the dwelling unit shall be used for bed-and-breakfast sleeping rooms.
(4) There shall be no separate cooking facilities used for the bed-and-breakfast sleeping rooms.
(5) A sign identifying the operation may be located on the premises only after the Planning Commission shall have approved its design, size, location and height.
(6) In addition to the parking requirements required for the principal use hereby, 1 additional space shall be provided for each rental room. Such additional spaces as are required shall be located in the side or rear yard and be constructed and enclosed as directed by the Planning Commission. The Planning Commission may require additional space for employee parking.
(K) State-licensed group day-care homes, subject to the following:
(1) the hours of operation shall be limited to the period between 6:00 a.m. and 10:00 p.m.
(2) No sign accessory to the home shall be permitted.
(3) Not less than 1,200 square feet of outdoor play area suitable for play activity shall be provided and maintained on the premises of the group day-care home.
(4) The rear yard of the group day-care home shall be fenced to a height of not less than 4 feet nor more than 6 feet.
(5) There shall be 1 off-street parking space for each nonresident care-giver, and there shall be 2 additional off-street or on-street parking spaces available for ingress and egress.
(6) The zoning lot occupied by the group day-care home shall not be located within 1,500 feet of any of the following:
(a) Another licensed group child care home.
(b) An adult foster care small group home or large group home licensed under the adult foster care facility licensing act, Public Act 218 of 1979, as amended.
(c) A facility offering substance abuse treatment and rehabilitation service to 7 or more people licensed under article 6 of the public health code, Public Act 368 of 1978, as amended.
(d) A community correction center, resident home, halfway house, or other similar facility which houses an inmate population under the jurisdiction of the department of corrections.
(L) Adaptive reuse and/or mixed use of existing structures. Certain structures, because of unique or peculiar circumstances with regard to location, type or size of building, and/or architectural style may be deemed desirable of preservation by the Planning Commission. Such structures may no longer be useful for the purposes for which they were designed and used because of obsolescence of a previous use, changing land use pattern or changing zoning districts. Certain uses or combination of uses (mixed uses) for the structure may be compatible and desirable if the proposed adaptive reuse of an existing structure is determined by the Planning Commission to be peculiar or unique and cannot otherwise conform with existing district regulations. In addition to all requirements in § 160.270 et seq., “Special Land Use Approval Requirements,” and other regulations which might apply, the following conditions shall apply to all structures that are redeveloped as an adaptive reuse of an existing structure:
(1) A development plan shall be submitted to the Planning Commission containing the following:
(a) The building floor plan for all floors and the proposed use of each floor;
(b) The proposed use for each portion of floor in the case of a mixed use;
(c) The location of all walls;
(d) Each room shall be identified for its proposed use;
(e) The location of all utilities including electrical, heating, cooling and plumbing;
(f) The total square footage of the proposed project. Square footage of each portion of floor proposed for use in mixed-use developments shall also be submitted;
(g) The location of all doors and windows, existing and proposed;
(h) The location of all parking areas, including the number of parking spaces; and
(i) Recent color photographs of all sides of the structures shall be submitted with the site plan and kept by the Planning Commission in the development plan file.
(2) The structure shall not be enlarged nor shall its exterior be altered so that it is more out of character with surrounding buildings or uses.
(3) Landscaping elements and existing topographic features shall not be removed or altered so as to change the visual and environmental character of the site. In cases where site modification and improvements for parking, loading, or access require the removal of trees or shrubbery, new trees and shrubbery shall be replanted adjacent to the modified area providing an aggregate diameter or volume equal to the diameter or volume of the trees or shrubbery removed.
(4) No other principal building or structure shall be constructed except that an accessory building may be allowed, provided that the building is located on the same parcel of land and is not involved in the conduct of any business and provided that the development plan is amended by the applicant and approved in writing by the Planning Commission if the accessory building is proposed for construction after the development plan has been approved.
(5) Structures determined to have historic significance due to unique architecture, age or culture and are capable of preservation to the exterior shall be preserved and maintained to its current or historic style and condition, whenever possible.
(6) Parking shall be provided according to regulations of the district that the proposed use most closely resembles in the case of mixed uses. Parking requirements shall apply for each use separate from the district that each is most closely associated with. On-street parking and/or municipal parking lots may be utilized to meet all or part of the parking requirements, provided that said parking is located not more than 300 feet from the subject lot or parcel. The expected use of on-street parking shall not be such that it would cause undue negative impact upon other uses within the immediate vicinity that may rely upon the availability of such parking.
(7) The applicant shall submit supporting documents demonstrating compliance with the following requirements:
(a) Will be harmonious with and in accordance with the general objectives, intent and purpose of this section;
(b) Will be designed, constructed, operated, maintained and managed so as to be harmonious and appropriate in appearance with existing or intended character of the general vicinity;
(c) Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, refuse disposal or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service;
(d) Will not be hazardous or disturbing to existing or future neighboring uses; and
(e) Will not create excessive additional requirements at public cost for public facilities and services.
(8) Any change in use for any floor or portion of floor shall require that the development plan be amended and said amendment be approved by the Planning Commission.
(9) Prior to acting on a request under this section, the Planning Commission shall obtain a written opinion from the Historic District Commission, or other similar body charged with historic preservation responsibilities within the city.
(Prior Code, App., § 402) (Ord. 77, passed 3-6-1975; Am. Ord. 84-6, passed 5-17-1984; Am. Ord. 87-10, passed 5-21-1987; Am. Ord. 88-8, passed 10-20-1988; Am. Ord. 88-10, passed 1-5-1989; Am. Ord. 89-3, passed 4-6-1989; Am. Ord. 89-4, passed 5-4-1989; Am. Ord. 07-08, passed 1-17-2008; Am. Ord. 10-02, passed 6-3-2010;Am. Ord. 2019-002, passed 2-21-2019)