The following are conditional uses allowed in the R-1 District (requires a conditional use permit issued in accordance with the procedures set forth in and regulated by § 155.440):
(A) Governmental and public regulated utility buildings and structures necessary for the health, safety, and general welfare of the community, provided that if abutting a residential district, the requirements of § 155.031 are complied with.
(B) Residential planned unit development as regulated by § 155.465 et seq.
(C) Adult education and training facility, subject to the following:
(1) The land area containing such use must abut a commercial or industrial use or district;
(2) Driveway access shall be directly from a road designated as a collector or arterial road in the city's Comprehensive Transportation Plan;
(3) The land area containing such use must be at least five acres and no more than ten acres;
(4) Building, driveway and parking setbacks shall be double those of the underlying zoning district where abutting a residentially planned area;
(5) A minimum of 50% of the site shall be landscaped;
(6) Buildings shall be designed to reflect a residential character;
(7) There shall be no accessory buildings permitted;
(8) No overhead doors shall face any public right-of-way;
(9) There shall be a maximum of one overhead/garage door for each 10,000 square feet of land area of the parcel containing such use;
(10) Buildings and uses with the potential for noise, air, odor, smoke or vibration impacts as determined by the city must be set back a minimum of 250 feet from any residential use or district;
(11) There shall be no retail or commercial operations conducted in association with the facility;
(12) There shall be no outside storage;
(13) For uses with capacity for greater than 250 persons in the assembly area(s) utilized at the same time - with capacity calculated according to the Building Code adopted by the city - a traffic impact study shall be conducted by the city’s traffic consultant at the expense of the applicant. The traffic impact study shall assess the potential short-term and long-term traffic impacts associated with the proposed use on the site itself and on adjacent roadways. The traffic impact study shall identify appropriate mitigation and/or recommendations to offset projected impacts, which the user shall be responsible for implementing at its sole cost;
(14) The user operates consistent with an operations plan approved by the city that shall prescribe typical start and end times for the primary activity or activities consisting the use, in addition to accessory and auxiliary uses. The operations plan shall be based on the traffic impact study (if any), nearby land uses and other related factors, and incorporated into a conditional use permit agreement; and
(15) Any modification of an existing use which intensifies the use and/or surpasses the 250 person occupancy threshold shall require an amended conditional use permit and shall be subject to divisions (C)(13) and (14) above.
(D) Greenhouses, retail or wholesale nurseries, subject to the following:
(1) The property must have a principal residential use;
(2) The land area containing such use must be a minimum of five acres and a maximum of ten acres;
(3) Not more than 10% of the land area shall be covered by a retail/wholesale building or structure;
(4) All activities associated with the accessory/commercial use must be set back at least 20 feet from all property lines adjacent to properties used or planned for residential purposes and the setback area must be maintained as green space;
(5) When abutting a residential use and a residential use district, the property must be screened and landscaped in compliance with § 155.031;
(6) All accessory/commercial use buildings must be setback a minimum of 30 feet from all property lines;
(7) The property must be located on a county or state road and must have and maintain at least 300 feet of frontage on the road;
(8) The property may not access directly onto a county or state road unless the access is at a location identified as a major intersection on the city's Transportation Plan (usually ½ mile intersection spacing);
(9) The principal and accessory/commercial use must be connected to public sanitary sewer and water services;
(10) At the sole discretion of the city, provisions for eventual urbanization must be made in the placement of all buildings and structures. The property owner may be required to prepare, at the owner's expense, a concept plan illustrating how the property and adjacent properties may be developed consistent with the city's Comprehensive Land Use Plan and with the zoning regulations in Chapter 155 of the city code. The city may also require the dedication of road or utility easements in conjunction with the issuance of the conditional use permit if, in the determination of the city, the easements may be necessary to serve adjacent or distant parcels with urban services (sanitary sewer, water, roads, storm sewer) in the future or if the conditional use could serve as a potential obstacle to the efficient provision of those services;
(11) If the approved commercial use is discontinued for six consecutive months, the commercial building and all accessories to the commercial use must be removed by the owner from the subject property; and the conditional use permit for the commercial use shall thereafter be null and void; and
(12) If the property has an existing greenhouse, retail or wholesale nursery commercial use, and such commercial use is continued, a residential use may be added only if a conditional use permit for the commercial use is issued by the city subject and according to all the conditions set forth in this § 155.148(E).
(E) Places of worship, pre-schools, and schools, provided that:
(1) The minimum size site is three acres.
(2) The use shall be located along an improved (i.e. blacktop or concrete) collector or arterial roadway as identified in the city’s Transportation Plan, but in no case shall it have direct access to an arterial roadway.
(3) When adjacent to or across the street from a property zoned residential or designated residential in the Comprehensive Plan, the following apply:
(a) Side, rear and parking setbacks shall be double the standard requirement, but no less than 30 feet.
(b) Screening is provided in compliance with § 155.031.
(c) A minimum of 25% green space shall be provided.
(4) For uses with capacity for greater than 250 persons in the assembly area(s) utilized at the same time - with capacity calculated according to the Building Code adopted by the city - a traffic impact study shall be conducted by the city’s traffic consultant at the expense of the applicant. The traffic impact study shall assess the potential short-term and long-term traffic impacts associated with the proposed use on the site itself and on adjacent roadways. The traffic impact study shall identify appropriate mitigation and/or recommendations to offset projected impacts, which the user shall be responsible for implementing at its sole cost.
(5) The user operates consistent with an operations plan approved by the city that shall prescribe typical start and end times for the primary activity or activities constituting the use (e.g. worship service times), in addition to accessory and auxiliary uses. The operations plan shall be based on the traffic impact study (if any), nearby land uses and other related factors, and incorporated into a conditional use permit agreement.
(6) Any modification of an existing user which intensifies the use and/or surpasses the 250 person occupancy threshold shall require an amended conditional use permit and shall be subject to divisions (E)(4) and (5) above.
(G) Other uses deemed by the Zoning Administrator to be similar to those set forth in this section and consistent with the purpose of this zoning district.
(Ord. 110, passed 11-15-97; Am. Ord. 133, passed 10-10-00; Am. Ord. 0306, passed 5-27-03; Am. Ord. 0605, passed 7-25-06; Am. Ord. 1401, passed 1-28-14; Am. Ord. 1506, passed 9-8-15; Am. Ord. 2001, passed 7-14-20)