§ 160.088 CONDITIONAL USES.

   The following are conditional uses in an R-1 District (requiring a conditional use permit based upon procedures set forth in and regulated by §§ 160.450 through 160.452 of this chapter):

   (A)   Public or semi-public recreational buildings and neighborhood or community centers, public and private educational institutions limited to elementary, junior high and senior high schools and religious institutions; provided that:

      (1)   Front yard depths shall be a minimum of 35 feet;

      (2)   Side yards shall be no less than 30 feet;

      (3)   Minimum lot area shall be no less than one acre, or as provided in § 160.056(B)(2)(c) of this chapter;

      (4)   Adequate screening from abutting residential uses and landscaping is provided in compliance with § 160.030 of this chapter;

      (5)   Adequate off-street parking and access is provided on the site or on lots directly abutting or directly across a public street to the principal use in compliance with §§ 160.330 through 160.344 of this chapter and that such parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 160.030 of this chapter;

      (6)   Adequate off-street loading and service entrances are provided and regulated where applicable by §§ 160.355 through 160.361 of this chapter;

      (7)   The provisions of § 160.450(E) of this chapter are considered and satisfactorily met; and

      (8)   Day care center, group nursery or adult day care operating as a secondary or accessory use in a public or semi-public recreational building, neighborhood or community center, public and private educational institution limited to elementary, junior high and senior high schools, and religious institutions; subject to the following conditions:

         (a)   No overnight facilities are provided for the persons served. The individuals shall be transported to and from the facility daily;

         (b)   All signing and informational or visual communication devices shall meet the requirements of Ch. 161 of this code of ordinances;

         (c)   The distance between any outdoor play yard for a day care center or group nursery and the Highway 10 right-of-way line shall be a minimum of 200 feet, except as provided in § 160.376(A)(3) of this chapter;

         (d)   No day care center or group nursery shall be permitted where the distance from the property line for the day care center or group nursery to a premises requiring a liquor license, as provided in §§ 110.015 through 110.030 of this code of ordinances, or a license for an adult establishment as provided in Ch. 116 of this code of ordinances, is 500 feet or less; except that, the 500-foot requirement shall not apply to any liquor establishment receiving at least 60% of its annual gross sales revenue from the sale of food; and

         (e)   The operator shall secure all necessary county or state licenses and approvals.

   (B)   Governmental and public utility buildings and structures necessary for the health, safety and general welfare of the community; provided that:

      (1)   Conformity with the surrounding neighborhood is maintained and required setbacks and side yard requirements are met;

      (2)   Equipment is completely enclosed in a permanent structure with no outside storage;

      (3)   Adequate screening from neighboring uses and landscaping is provided in compliance with § 160.030 of this chapter; and

      (4)   The provisions of subdivision § 160.450(E) of this chapter are considered and satisfactorily met.

   (C)   Residential planned unit development as regulated by §§ 160.315 through 160.319 of this chapter;

   (D)   Model homes;

   (E)   Accessory building exceeding 952 square feet.

      (1)   The accessory building must conform with §§ 160.028 and 160.087(A) of this chapter;

      (2)   The combined square footage of all accessory buildings on one lot cannot exceed 1,800 square feet;

      (3)   The building shall be designed and maintained to provide a uniform appearance with the dwelling unit;

      (4)   The width of the building cannot exceed 35 feet;

      (5)   The building shall be a permanent structure; and

      (6)   Should the use for which the permit was granted be changed, the permit shall be subject to reconsideration, revocation or other action regulated by §§ 160.450 through 160.452 of this chapter.

   (F)   Wireless telecommunications towers and antennas subject to the provisions established in §§ 160.395 through 160.401 of this chapter;

   (G)   Dynamic display signs subject to the standards in § 160.038(I) of this code of ordinances; and

   (H)   Accessory dwelling unit (addition).

      (1)   One accessory dwelling unit may be located on a lot occupied by a single-family home. The lot must comply with minimum dimensional standards. The accessory dwelling unit shall be located within an addition onto an existing single-family home;

      (2)   The single-family home or the accessory dwelling unit shall be occupied by the property owner. The property shall be homesteaded;

      (3)   An accessory dwelling unit shall have a minimum gross floor area of 300 square feet and a maximum gross floor area of 800 square feet. The exterior design of the accessory dwelling unit shall be consistent with the character of the single-family home;

      (4)   A minimum of one-half off-street parking space shall be provided for the accessory dwelling unit;

      (5)   Accessory dwelling units shall be licensed as a rental dwelling, and comply with Ch. 119 of this code of ordinances;

      (6)   Accessory dwelling units shall use the same water and sanitary sewer connections, and water meter as the single-family home;

      (7)   Accessory dwelling units with an exterior entrance different than the single-family home’s shall have a different address (such as, 2401-A). Addressing shall be compliant with §§ 150.020 through 150.022 of this chapter.

      (8)   If the mailbox post is owned and maintained bv the city, then the property owner shall reimburse the city for any alterations or replacement; and

      (9)   Property owner is responsible for additional quarterly utility fees upon creation of an accessory dwelling unit, to include the following: sewer service charge; surface water management utility fee; and street lighting utility fee.

(Prior Code, § 1106.04) (Ord. 588, passed 02-10-1997; Ord. 590, passed 11-25-1996; Ord. 620, passed 07-27-1998; Ord. 664, passed 08-14-2000; Ord. 701, passed 09-09-2002; Ord. 774, passed 08-14-2006; Ord. 818, passed 04-16-2009; Ord. 832, passed 10-08-2009; Ord. 900, passed 05-26-2015; Ord. 927, passed 08-22-2016)