§ 153.051  CONDITIONAL USES.
   Within any R-1A One-Family Residential District, no structure or land shall be used for the following uses, except by conditional use permit:
   (A)   Golf courses, country clubs, tennis clubs, public swimming pools serving more than one family. The principal structure for any of the above listed uses shall be 100 feet or more from any abutting lot in an R District, and accessory structure shall be a minimum of 50 feet from any lot line;
   (B)   Essential service structures, including, but not limited to, buildings, such as telephone exchange stations, booster or pressure regulating stations, wells and pumping stations, elevated tanks, lift stations and electrical power substation provided no building shall be located within 50 feet from any lot line of
an abutting lot in an R District. Prior to granting the permit it shall be found that the architectural design of essential service structures is compatible to the neighborhood in which it is to be located and thus will promote the general welfare;
   (C)   Commercial greenhouses provided all outside storage is fenced in such a manner so as to screen the stored material from view when observed from the public street or an adjoining lot;
   (D)   Nursing homes, retirement homes, and other similar state licensed residential care uses.
      (1)   For nursing homes the site shall contain not less than 1,000 square feet of lot area for each person to be accommodated and buildings for uses described in this division are 50 feet or more from a lot line of an abutting lot in an R-1, R-2 or R-3 District.
      (2)   For retirement homes, and other similar state licensed residential care uses, the site shall contain not less than 3,500 square feet of lot area per dwelling unit. Parking facilities shall be equal to one space for each dwelling unit and proof of the availability of one additional space per unit.
      (3)   All parking for facilities in this section shall comply with §§ 153.345 et seq.
   (E)   A state licensed child day care facility serving 13 or more provided that the conditional use be in structures at least 50 feet of any lot line of an abutting lot in an R District and that a fence be erected 15 feet or more from any street right-of-way where the intended use is for open play;
   (F)   Off-street parking when the proposed site of the off-street parking abuts on a lot which is in the B or I District and is in the same ownership as the land in the B or I District and subject to those conditions set forth in §§ 153.345 through 153.351, and other conditions as found necessary by the City Council to carry out the intent of this chapter;
   (G)   School buildings which are a part of the physical system of the school district but which are considered temporarily in surplus may be used as research centers, offices not directly serving the public or for some form of educational activity provided:
      (1)   The off-street parking requirements are met; and
      (2)   The work day of the use falls between 7:00 a.m. and 7:00 p.m.
   (H)   Commercial buildings which have previously been classified and certified as nonconforming uses at the time of the effective date of this chapter may be used as the same nonconforming or less intense use provided:
      (1)   The off-street parking requirements for the use are met;
      (2)   The hours of operation of the use shall be determined by the City Council;
      (3)   The structure is significant to the neighborhood and its continued active use will not be detrimental to the value of quiet enjoyment or surrounding residential properties; and
      (4)   The use would be normally allowed as a permitted use in the B-2 Neighborhood Business District.
   (I)   Satellite dish antennas greater than one meter (39 inches) in diameter. See § 153.396.
   (J)   Bed and breakfast residence.
   (K)   Elderly community education center, provided that it is located in a building that contains a civic or community center or a multifamily elderly residential housing facility.
   (L)   School with more than four accessory buildings or structures.
   (M)   On-site residential housing for an educational facility operating in conjunction with a permitted principal use, provided:
      (1)   Housing structures are limited to three stories in height;
      (2)   The number of on-site residents is limited to 200; and
      (3)   Housing structures must meet the building setback requirements from adjacent property lines as outlined in § 153.128.
   (N)   Columbaria, provided they are located on the same property as an existing church, and located a minimum of 50 feet from any property line.
   (O)   Accessory structures exceeding the allowable maximum size per § 153.380(F)(3)(b).
   (P)   Small wireless facilities, as defined in § 95.15, that are located in the right-of-way, and comply with the provisions of § 95.24.
   (Q)   Banquet halls, provided:
      (1)   The use is accessory to a public or private golf course; and
      (2)   The building and/or any outdoor facilities in which the banquet hall is located shall be a minimum of 100 feet from residentially zoned property.
(Ord. 03-04, passed - -; Ord. 08-09, passed - -; Ord. 09-02, passed - -; Ord. 11-10, passed - -; Ord. passed 10-11-1963; Ord. 14-05, passed 9-8-2014; Ord. 16-12, passed 11-14-2016; Ord. 17-11, passed 12-11-2017; Ord. 17-14, passed 11-27-2017; Ord. 18-05, passed 2-26-2018; Ord 19-16, passed 10-14-2019)