§ 38-53. Principal uses permitted subject to special conditions.
The following uses shall be permitted in R-1 districts, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the site plan by the planning commission in accordance with section 38-390:
(1)
Churches and other facilities normally incidental thereto provided that: buildings of greater than the maximum height allowed in article XVI, Schedule of Regulations, may be allowed provided front, side and rear yards are increased above the minimum required yards by one (1) foot for each foot of building height that exceeds the maximum height allowed;
(2)
Public, parochial and private intermediate and/or secondary schools offering courses in general education, not operated for profit. Access to the site shall be in accordance with section 38-392;
(3)
Utility and public service buildings and uses (without storage yards) when operating requirements necessitate the locating of the building within the district in order to serve the immediate vicinity;
(4)
Reserved;
(5)
Private noncommercial recreational areas: institutional or community recreation centers; nonprofit swimming pool clubs, all subject to the following conditions:
a.
The proposed site for any of the uses permitted herein which would attract persons from, or are intended to serve, areas beyond the immediate neighborhood shall have at least one (1) property line abutting a major thoroughfare as designated on the major thoroughfare plan, and the site shall be so planned as to provide all access in accordance with section 38-392.
b.
Front, side and rear yards shall be at least eighty (80) feet wide, and shall be landscaped in trees, shrubs, and grass. All such landscaping shall be maintained in a healthy condition. There shall be no parking or structures permitted in these yards, except required entrance drives and those walls used to obscure the use from abutting residential districts.
c.
Off-street parking shall be provided so as to accommodate not less than one-half of the member families and/or individual members. The planning commission may modify the off-street parking requirements in those instances wherein it is specifically determined that the users will originate from the immediately adjacent areas, and will therefore be pedestrian. Prior to the issuance of a building permit or zoning compliance permit, by-laws of the organization shall be provided in order to establish the membership involved for computing the off-street parking requirements. In those cases wherein the proposed use or organization does not have by-laws or formal membership, the off-street parking requirements shall be determined by the planning commission on the basis of usage.
(6)
Golf courses, which may or may not be operated for profit, subject to the following conditions:
a.
The site shall be so planned as to provide all access in accordance with section 38-392.
b.
The site plan shall be laid out to achieve a relationship between the major thoroughfare and any proposed service roads, entrances, driveways and parking areas which will encourage pedestrian and vehicular traffic safety.
c.
Development features including the principal and accessory buildings and structures shall be so located and related as to minimize the possibilities of any adverse effects upon adjacent property. This shall mean that all principal or accessory buildings shall be not less than two hundred (200) feet from any property lines abutting residentially zoned lands; provided that where topographic conditions are such that buildings would be screened from view, the planning commission may modify this requirement.
(7)
Colleges, universities and other such institutions of higher learning, public and private, offering courses in general, technical or religious education and not operated for profit, all subject to the following conditions:
a.
Any use permitted herein shall be developed only on sites of at least twenty (20) acres in area.
b.
All access to the site shall be in accordance with section 38-392.
c.
No building shall be closer than eighty (80) feet to any property line.
d.
Off-street parking lots shall be set back eighty (80) feet from a major or secondary thoroughfare, fifty (50) feet from a local street and twenty (20) feet from an adjoining residential lot.
(8)
Cemeteries provided that all access to the site is in accordance with section 38-392;
(9)
General hospitals, with no maximum height restrictions, when the following conditions are met:
a.
All such hospitals shall be developed only on sites consisting of at least five (5) acres in area.
b.
All access to the site shall be in accordance with section 38-392.
c.
The minimum distance of any main or accessory building from bounding lot lines or streets shall be at least eighty (80) feet for front, rear and side yards for all two (2) story structures.
d.
Off-street parking lots shall be set back eighty (80) feet from a major or secondary thoroughfare, fifty (50) feet from a local street and twenty (20) feet from an adjoining residential lot.
(10)
Accessory buildings and uses customarily incident to any of the above permitted uses;
(11)
Attached one-family dwelling units will be permitted subject to the following conditions following approval by the council. The council, following receipt of a request for attached one family designation, shall direct the petitioner to prepare and submit a formal site plan to the city planning commission in accordance with section 38-390. Following adoption of the final site plan by the commission, the council shall give legal notice to all property owners whose property lies within two hundred (200) feet of the proposed site, and conduct a public hearing on the designation of the site for attached one family development in accordance with the approved site plan. If designation is denied, the site plan shall be null and void.
a.
The maximum number of dwelling units that may be contained within any one (1) building or structure, and joined in any manner, shall not exceed four (4) dwelling units.
b.
The minimum site area required for the attached one family option as herein described and conditioned shall not be less than three (3) acres.
c.
Under this provision, the number of dwelling units per acre that could be built shall not exceed the number of dwelling units that normally could be built in the R-1 one family residential district. For purposes of computing the permitted number of dwelling units, a dwelling unit shall consist of at least one (1) living room, one (1) kitchen, one (1) bedroom, one (1) bathroom and one (1) fully enclosed garage and have a minimum of nine hundred fifty (950) square feet on one (1) floor exclusive of the garage.
Any land area which is not made a part of the land area assigned to a building or structure shall be devoted to open space and recreational purposes for the common use of all owners or tenants in the project area. The planning commission shall require assurances that the common open space areas shall be perpetually maintained. Such assurances may take the form of a homeowners association or other cooperative association with an annual dues assessment sufficient to provide for perpetual maintenance as a precondition to occupancy.d.
Minimum spacing requirements and setbacks of any one (1) building or structure shall be as follows:
Front yard\25′
Rear yard\40′
Side yard\15′
Side yard next to street\25′
Platted lots of lesser width may be combined to establish adequate setbacks for attached one family dwelling units under this section.
e.
Because these provisions permit the developer to take a more cost-effective approach to land development (and are only conditionally permitted), the planning commission as part of its responsibility pursuant to section 38-390, site plan review, is hereby authorized to exercise a high degree of concern with landscaping improvements and screening techniques. The planning commission shall exercise due concern for the following landscaping features:
1.
The planning commission may require landscaping, fences, and walls in pursuance of the objectives of the zoning ordinance and same shall be provided and maintained as a condition of the establishment and the continued maintenance of any use to which they are appurtenant.
2.
The planning commission shall assess the adequacy of location and number of plant materials shown on the landscape plan which shall include details of planting requirements.
3.
Other landscaping treatment shall likewise be depicted on the plan including hard surface or aggregate material used in the landscaping plan.
f.
All improvements shall be completed within eighteen (18) months of the issuance of a building permit. The plans as submitted and approved shall not be otherwise modified unless after application for reconsideration the planning commission agrees to such modifications. Failure to comply with the approved plan is cause for the city to cause said plan to be implemented except as otherwise provided in subsection (11)c., and to make such assessments as are required to pay for the costs of the improvements against the owner.
g.
Phased development: In addition to the above requirements and in the event of expiration of approval with only partial site development completed, the legal applicant-developer shall complete all of the improvements, with the exception of proposed buildings and structures shown on the approved overall development plan and shall landscape the locations where other buildings were to be located.
h.
Site plan revisions: Any substantial modification, revision or change in the site plan from the site plan approved by the planning commission shall be subject to review and reapproval in accordance with the same procedure as required herein.
i.
The maximum height requirement of any building or structure shall be twenty-four (24) feet.
j.
No television receiving antennas shall be located outside the premises.
(Code 1977, § 5.4; Ord. No. 365, § 1, 12-15-80; Ord. No. 447, § 1, 12-15-86; Ord. No. 477, § 1(2), 11-19-90; Ord. No. 516, § 1, 3-14-94)