§ 155.328 CONDITIONAL USES.
   The following are conditional uses allowed in a P/I 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, wireless/cell phone towers on city- owned property, and structures necessary for the health, safety, and general welfare of the community, provided that the improved area is fenced and screened form view of neighboring residential uses and if abutting a residential district, the requirements of § 155.031 are complied with;
   (B)   City Hall, community center, fitness center, hospital, clubs and lodges, library, post office, museum, day care center, assisted living facilities, nursing homes, schools, place of worship, sheltered care home, provided that:
      (1)   The minimum lot size is three acres.
      (2)   Parking is adequately screened and landscaped from surrounding and abutting residential uses in compliance with § 155.031.
      (3)   Adequate off-street loading and service entrances are provided and regulated where applicable by § 155.051; and all service areas and loading docks shall be located behind the front facade line of the principal structure and regulated where applicable by § 155.051.
      (4)   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.
      (5)   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.
      (6)   For assembly 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 project impacts, which the user shall be responsible for implementing at its sole cost.
      (7)   For assembly users the user operates the assembly 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. motion picture showings, worship service times, or other assembly function), in addition to accessory 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.
      (8)   Any modification of an existing use which intensifies the use and/or surpass the 250 person occupancy threshold shall require an amended conditional use permit and shall be subject to divisions (B)(6) and (7) above.
   (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 in compliance with § 155.031;
      (6)   When abutting a residential use or residential district, the site shall be screened and landscaped in compliance with § 155.031 of this chapter;
      (7)   Buildings shall be designed to reflect a residential character;
      (8)   There shall be no accessory buildings permitted;
      (9)   No overhead doors shall face any public right-of-way;
      (10)   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;
      (11)   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;
      (12)   There shall be retail or commercial operations conducted in association with the facility; and
      (13)   There shall be no outside storage.
      (14)   For uses with capacity for greater than 250 persons in the assembly area(s) utilized at the same time - with capacity based on 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 one 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.
      (15)   The user operates the assembly 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, in addition to accessory and auxiliary uses. The operations plan shall be based on the traffic impact study, nearby land uses and other related factors, and incorporated into a conditional use permit agreement.
      (16)   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)(14) and (15) above.
   (D)   Cemeteries and crematoriums provided that:
      (1)   The site is landscaped in accordance with § 155.031 (Required Landscaping and Screening);
      (2)   Direct views from all abutting residential property shall be buffered in accordance with § 155.031;
      (3)   The use and any structure shall meet minimum setback requirements;
      (4)   All accessory buildings used for maintenance purposes shall match in color and material;
      (5)   The use shall abut an arterial or collector street and access shall be achieved without conducting significant traffic on local residential streets; and
      (6)   Any crematory shall be setback not less than 600 feet from any lot line.
   (E)   Towers and wireless facilities. As regulated by Chapter 153.
   (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. 0807, passed 10-14-08; Am. Ord. 1401, passed 1-28-14; Am. Ord. 1506, passed 9-8-15; Am. Ord. 2001, passed 7-14-20)