§ 155.178 CONDITIONAL USES.
   The following are conditional uses allowed in the R-3 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)   Nursing homes and similar group housing, but not including hospitals, sanitariums, or similar institutions, provided that:
      (1)   Side yards are double the minimum requirements established for this district and are screened in compliance with § 155.031;
      (2)   Only the rear yard shall be used for play or recreational areas. Said area shall be fenced and screened in compliance with § 155.031; and
      (3)   The site shall be served by an arterial or collector street of sufficient capacity to accommodate traffic which will be generated.
   (D)   Group family day-care facilities, as defined by § 155.009, licensed by the state and serving 14 or fewer persons.
   (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 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 (E)(4) and (5) above.
   (F)   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. 1401, passed 1-28-14; Am. Ord. 1506, passed 9-8-15)