§ 38-454. Special uses that may be permitted.
The following uses may be permitted within the districts mentioned provided that there is an issuance of a special use permit and a compliance with the provisions of this article:
(a)
Adult foster care small group home in the R-1, R-2, RM-1 and RM-2 residential districts.
(1)
Authorization. In recognition of the existence of several large homes in the city with no practical use as a single family setting, there may be particular homes and settings that would allow for an adult foster care small group home in a residential neighborhood that would be compatible and reasonably harmonious with residential uses. In addition to section 38-453 provisions, the following conditions and standards are to be reviewed and applied by the planning commission:
(2)
Site location principals:
a.
Any permitted institutional structure should preferably be located at the edge of a low density residential district abutting a public open space or high density residential district or commercial district.
b.
If possible, institutional use homes should front on a major street.
c.
Motor vehicle entrance and exit should be made on a major street to avoid the impact of traffic generated by the institutional use upon the residential area.
d.
Site locations should be chosen which offer natural or manmade barriers that would lessen the effect of the intrusion of any institutional uses into an established residential area.
(3)
Site development requirements.
a.
Minimum floor area in the dwelling unit shall be three thousand (3,000) square feet for seven (7) adults receiving foster care and an additional one hundred fifty (150) square feet for every foster care adult thereafter.
b.
Minimum lot width of one hundred thirty-two (132) feet and minimum lot depth of one hundred thirty-two (132) feet. Yard, height and setback requirements should not be less than that specified for the district in which the proposed use would be located.
c.
Not more than thirty (30) percent of the lot area may be covered by buildings.
d.
All buildings should be harmonious in appearance with the surrounding residential area and shall be similar in design and appearance to any other buildings in the same site development.
e.
All signs shall be in accordance with section 38-385.
f.
A minimum of three (3) off-street parking spaces shall be provided for each foster care home caring for seven (7) adults and a half space for each additional foster care adult thereafter.
(b)
Child or adult care centers in the R-1, R-2, RM-1 and RM-2 residential districts:
(1)
Site development requirements: The following requirements for site development shall be complied with:
a.
Minimum site size: Seven thousand two hundred (7,200) square feet with sixty (60) feet lot width. For each child not a member of the family in excess of seven (7) children at a time there shall be provided two hundred (200) square feet of lot area in addition to the base figure of seven thousand two hundred (7,200) square feet.
b.
Yard requirements and lot coverage shall conform to the provisions of Article XVI, schedule of regulations, as they pertain to the R-1 district.
c.
A proposed site shall front a major street as said streets are defined by the city engineer's act 51 street systems map.
d.
Off-street parking: One (1) space for each teacher and other staff member and one (1) space for every five (5) children shall be provided. Parking shall conform to all other provisions of Article XVII, general provisions.
e.
Signs: As provided in Article XVII, general provisions, for residential units.
f.
Play areas: There shall be provided on the site a usable outdoor play area at the rate of seventy-five (75) square feet for each child not a member of the family, exclusive of required front yard and side yard, and of driveways and parking areas. The play area shall be no nearer than forty (40) feet to any adjacent residential structure. The outdoor play area shall be suitably fenced and screened to protect the children and to avoid any nuisance to adjoining properties.
g.
Maximum size: Any facility that is to be operated for more than thirty (30) children shall be subject to the standards in section 38-53(2) for public and private schools.
h.
Such facilities shall be duly licensed by the state department of social services.
(c)
Conversion of one-family dwellings: The conversion of one-family dwellings to two-family dwellings shall be permitted when all of the following conditions can be met:
(1)
Need: It can be demonstrated that larger houses in older residential areas of the city have been or can be converted from one-family to two-family residences in order to extend the economic life of these structures and allow the owners to justify the expenditures for repairs and modernization.
(2)
Lot size: A conforming lot of eight thousand seven hundred (8,700) square feet is required.
(3)
The minimum square footage of the structure shall be one thousand eight hundred (1,800) square feet.
(4)
The primary unit shall remain the larger one and retain the predominant location in the structure. The accessory unit shall not exceed forty (40) percent the size of the primary unit.
(5)
Except for a first floor entrance, there shall be no exterior alterations of the structure.
(6)
Parking: There shall be a minimum of three (3) parking spaces.
(7)
Either one (1) of the two (2) dwelling units shall be occupied by the owner of the property.
(8)
To assure a subordinate position of the accessory unit and to encourage flexibility in the event the structure can return to single-family use, there shall be only one (1) utility service meter for gas, electric, and water supply to the structure.
(9)
The proposal meets the general guidelines for determination of a special use permit outlined in section 38-453.
(d)
Private clubs, fraternal organizations, lodge halls, union halls: Owing to the location of many R-1 district areas to more intensive land use districts, specifically commercial and industrial uses, and in recognition of large lot parcels in these locations, there may exist particular settings where these parcels could be developed into private clubs, fraternal organizations, or lodge/union halls. In addition to section 38-453 provisions, the following conditions and standards are to be reviewed and applied by the planning commission:
(1)
Site location principals:
a.
Any proposed site should be at the edge of a low density residential district abutting commercial districts or uses.
(b)
A proposed site should front a major street.
(2)
Site development requirements:
a.
Minimum lot size shall be forty thousand (4,000) square feet.
b.
Lot coverage by structures shall not exceed thirty (30) percent.
c.
All buildings shall be harmonious in appearance with the surrounding residential area.
d.
To assure adequate setbacks, building height shall be governed by the specification for the churches in section 38-53(1).
e.
See article XVII, general provisions for requirements governing off-street parking, signs, fencing, and other provisions.
(e)
Loft apartments in older industrial buildings: The development of an apartment or apartments in the upper stories of older industrial buildings, hereinafter entitled "loft apartments," may be permitted subject to the following specific standards and conditions:
(1)
Need: It can be demonstrated that the building is an architectural landmark at least fifty (50) years old and an example of a period of style or method of construction significant to the region. Also the building's upper floors are considered functionally obsolete for industrial purposes and would clearly benefit from the development of a loft apartment dwelling or group of dwellings, the benefit being the justification for continued investment and rehabilitation of a historically significant structure. The development of residential living units shall not impair existing, routine legal conforming operations of industrial activity onsite or existing and future uses on neighboring properties. The planning commission and city council shall place a critical emphasis on the evaluation of the short term and long term influence of mixing residential living with industrial district uses. A finding of potential interference or residential complaints or legal standing against industrial uses, such as hours of operation, activity in shipping areas, noise, and the like-referenced areas of conflict specified in the Uniform Building Code shall result in the denial of a special use permit for loft apartments.
(2)
Location: The structure is located on the boundary of a residential district, said boundary including any residential districts on the opposite side of a street.
(3)
Square footage: Each apartment shall contain at least one thousand (1,000) square feet of floor area, the purpose of said area being the control of lower residential densities in industrial areas and the provision of adequate residential storage area within the unit. The apartment shall contain at least one hundred (100) square feet of floor space dedicated to storage. Each unit shall contain a functional laundry area with hookups for a washer and dryer.
(4)
Parking: Parking shall comply with section 38-380, off-street parking requirements, and shall be in addition to the loading zone and parking space requirements for the balance of the structure's zoning specifications for parking.
(5)
Open space: Compliance with section 38-123 is required.
(6)
Floor area ratio: The provisions of section 38-352(e) shall apply.
(f)
Group day care home in the R-1, R-2, RM-1 and RM-2 residential districts:
(1)
Minimum site size shall be seven thousand two hundred (7,200) square feet.
(2)
There shall be one (1) off-street parking space for a caregiver not a member of the family.
(3)
Play areas: There shall be provided on the site a usable outdoor play area of nine hundred (900) square feet, exclusive of required front yard and side yard, and of driveways and parking areas. The minimum setback for the play area shall be the greater of eight (8) feet from the property line of sixteen (16) feet from any adjacent residential structure. The planning commission may increase this setback up to forty (40) feet from property lines based on local conditions.
(4)
The planning commission may introduce site improvement measures or restricted areas of operation to assure safety and lessening of nuisances as it may relate to the activities of pickup and dropoff of a proposed home's clients.
(5)
Such facilities shall be duly licensed by the state department of social services.
(g)
Conversion of school and church buildings to office use in the R-1, R-2, RM-1 and RM-2 residential districts. For those structures with a previous use and with institutional design features for public or private schools and churches, an office use may be permitted when all of the following specific standards and conditions can be met:
(1)
The building does not have a demonstrated demand for uses permitted by right within the district. In order to encourage at the outset only those principal uses permitted by right in residential areas, demonstration of insufficient demand shall include a one-year period of public sale offering for which no reasonable offer was received.
(2)
The zoning board of appeals, after public hearing, has determined that the structure and/or parcel is impractical for a conforming use within the residential district. An example of impracticality may include insufficient demand, insufficient parking for a church or school or a combination of architectural or structural limitations.
(3)
The term "office use" shall be limited to mean the following occupations:
a.
Executive, administrative, professional, accounting, writing, clerical, or stenographic.
b.
Offices of doctors, dentists, osteopaths and similar or allied professions, but not including clinics.
c.
Photographic studios, art galleries, art studios, interior decorating studios and nonprofit museums.
d.
Uses similar to the above uses.
(4)
Employee parking shall not be permitted on residential streets.
(5)
Occupancy and redevelopment of a building shall be limited by the capacity of an onsite parking plan that conforms to section 38-380 and 38-381. Except for the preceding sentence and the sign standards in subsection (6), the office use shall comply with all of the standards within the respective residential district where the special use permit is considered.
(6)
One (1) wall sign not exceeding twenty-four (24) square feet for each public street frontage and in compliance with the other sign standards for the office service district shall be permitted. Smaller dimensions and other sign controls applied to residential districts in Chapter 26 of the Owosso City Code may be instituted by the special use permit when factors of preservation of neighborhood character are determined. These factors may include nonconforming setback of existing buildings, or the location within an historic district of the city.
(h)
Conversion of ground floor commercial space to apartment dwellings in the B-4 district. The development of apartment or apartments on the ground floor may be permitted subject to the following specific standards and conditions:
(1)
A special use permit under this category of use applies only to the lots of Westown fronting Main Street and bordered by State Street, including the now closed portion of State Street north of Main Street, on the west side and Cedar Street on the east side.
(2)
The apartment space may only occupy twenty-five (25) percent of the gross ground floor area of a structure and must be located at the rearmost portion of that structure.
(3)
The apartment development must be designed to the extent that an eight-foot wide commercial use corridor from the rear entrance of the structure to the commercial section of the building is preserved.
(4)
Each apartment must have at least one (1) parking space.
(5)
In lieu of open space and setback requirements for apartment developments, a project must supply extra storage sufficient for bicycles or exercise equipment at a minimum dimension of twenty-five (25) square feet.
(6)
The floor plan and relationship of apartment spaces to the surrounding commercial area shall be subject further to the review and approval of the site plan by the planning commission in accordance with section 38-390.
(i)
Commercial recreation operations in upper stories of commercial buildings. The development of commercial recreation operations in the upper stories of commercial buildings may be permitted subject to the following specific standards and conditions:
(1)
The building does not have any residential or office use at the time of application of special use permit.
(2)
A determination is made that the use shall not substantially affect the daytime use of the public parking system designed and constructed to service the principal uses of the district.
(3)
The special use is a subordinate use of the principal use of the building in terms of the space occupied by the special use.
(4)
The special use business is owned or operated by the principal user of the building.
(5)
The owner or operator of the special use shall assume responsibility to take whatever legally available measures that are necessary to deter loitering and gathering, during hours of operation of the special use, on the sidewalks that front the building containing the principal use and the adjoining buildings to the end of the city block or within one hundred (100) feet, whichever is the lesser.
(Ord. No. 424, § 19A2, 6-18-94; Ord. No. 444, § 1, 12-1-86; Ord. No. 445, § 1, 12-15-86; Ord. No. 446, § 1, 12-15-86; Ord. No. 476, § 1, 9-17-90; Ord. No. 477, § 1, (5), (6), 11-19-90; Ord. No. 483, § 1, 7-1-91; Ord. No. 512, § 1, 11-15-93; Ord. No. 533, § 1, 6-19-95; Ord. No. 560, § 1, 12-2-96)