Within any R-1 Single Family Residential District, no structure or land shall be used for the following uses except by conditional use permit:
(A) Agricultural uses. Agricultural activities including the keeping of farm animals or fowl provided no building having farm animals or fowl be nearer than one hundred (100) feet of a property line. Chickens numbering three (3) or fewer are excluded from agricultural uses and subject to the provisions of §§ 150.400-150.403.
(B) Churches and other places of worship. Church buildings and areas, schools of religion and similar facilities, including all expansions of buildings, facilities and ground.
(C) Duplex structures. Two-family dwellings.
(D) Country clubs. Country clubs, golf courses and other private non-commercial recreation areas and facilities, including swimming pools; provided that any principal building or swimming pool shall be located not less than fifty (50) feet from any other lot in an R District.
(E) Cemeteries. Cemeteries adjacent to or in extension of existing cemeteries.
(F) Museums. Museums, and other public buildings not permitted as a principal use.
(G) Health care facilities. Including hospitals, clinics, nursing homes and other similar health care facilities.
(H) Essential service structures. Essential service structures, including but not limited to structures such as telephone exchanges, substations, wells, pumping stations and elevated water storage tanks.
(I) Commercial or residential stables. Stables and riding academies provided the property upon which the use is located is a minimum of five (5) acres. One horse is allowed upon the first five (5) acres and an additional two (2) acres are required for each additional horse.
(J) Kennels. Any lot or premises or portion thereof on which four (4) or more dogs and/or cats over six (6) months old are owned, boarded, bred or offered for sale. No more than five (5) dogs and/or cats shall be allowed by conditional use permit. (See also Chapter 90)
(K) Parking. Off-street parking when the proposed site of the off-street parking abuts on a lot which is in the B or I districts and in the same ownership as the B or I district.
(L) Day care facilities - Residential. Facility serving fifteen (15) or more persons. If required, the facility must be state licensed and meet all state mandated conditions.
(M) Temporary buildings. Buildings temporarily located for purposes of construction on the site for a period of time not to exceed the construction period.
(N) Funeral homes and mortuaries.
(O) Outdoor furnaces and boilers, provided the following conditions are met:
(1) The applicant shall submit a site plan, drawn to scale, showing the location of the proposed outdoor furnace or boiler in relation to existing structures and property lines as well as proposed screening or enclosure.
(2) Outdoor furnaces and boilers shall only be allowed on lots five (5) acres in size or greater. If the lot is divided in the future, so as to be less than five (5) acres, the outdoor furnace shall be removed.
(3) Outdoor furnaces and boilers shall be set back a minimum of fifty (50) feet from all property lines when abutting a residential district. When the property does not abut a residential district, the furnace shall comply with minimum setback requirements of the zoning district it is within.
(4) No burning materials shall be stored within five (5) feet of the principal structure and materials shall be stored in an orderly fashion.
(5) The outdoor furnace or boiler must be enclosed in a structure or screened with fencing and/or other materials as approved by the City Council.
(6) When the outdoor furnace or boiler is enclosed in a structure, the structure shall generally match the exterior of the principal structure.
(7) When the outdoor furnace or boiler is enclosed in a structure, the structure shall not count against the allowable square footage for future accessory structures, as long as it strictly serves as an enclosure for the furnace or boiler and the structure does not exceed one hundred (100) square feet in size.
(8) If the outdoor furnace or boiler is to be replaced, it shall meet the city and/or state requirements in place at that time.
(9) The outdoor furnace or boiler shall be UL Listed, or certified per the State Building Code, and the applicant shall follow all manufacturer specifications.
(10) If the outdoor furnace or boiler is taken out of service for a period of one (1) year or more, the permit shall become null and void and the unit and enclosure shall be removed from the property.
(P) Community center buildings. Community center buildings not operated by a governmental agency.
(Q) Bed and breakfast inn, provided the following are adhered to:
(1) Off-street parking shall be provided in accordance with the parking requirements of § 150.217. A minimum of one (1) off-street parking space per guest room shall be provided in addition to the parking requirements for the zoning district in which the facility is located. Off-street parking is to be screened from the surrounding residences.
(2) Signs shall be in accordance with the sign requirements in § 150.213 and meet the requirements for the zoning district that the business is located within. (Identifying signs to be not more than four (4) square feet in total, located on the building and consistent with the character of the building).
(3) A maximum of five (5) units may be established in a structure.
(4) A bed and breakfast establishment shall show proof of inspection or proof of proper operating licenses by the state and/or country.
(5) All guest rooms shall be contained within the principal structure.
(6) Dining and other facilities shall not be open to the public, but shall be used exclusively by the residents and registered guests.
(7) The maximum stay for guests shall be fourteen (14) days within a thirty (30) day period.
(8) The inn shall comply with all applicable laws, rules, and regulations governing its existence and operation, including, but not limited to, the State Building Code, the State Fire Code, and the State Health Code.
(9) A conditional use permit shall be terminated upon occurrence for the following:
(a) Non-compliance with the provisions of these provisions.
(b) Transfer of ownership of said property from the owner/operator.
(c) The creation of a condition which adversely affects the health, safety, or general welfare of the city or its residents.
(10) The owner or operator shall reside on the property or submit a management plan for approval as part of the conditional use permit.
(R) Produce sales. Produce display for the sale of agricultural products, other than that raised on the site, provided that said display is located a minimum of ten (10) feet from the front property line.
(S) Schools. Public schools and private schools which have a curriculum equivalent to a public elementary or secondary school, provided no building is less than fifty (50) feet from any abutting residential lot.
(T) Dwellings with a zero (0) lot line. When dwelling units of a two-family structure are to be under separate ownership, a zero (0) lot line may be permitted between the units. State Building Code and Fire Code requirements shall be complied with. Also, minimum lot frontage and lot area requirements shall be met.
(Ord. 395, passed 7-6-2010; Am. Ord. 460, passed 10-15-2019)
Penalty, see § 150.999