§ 46-164. Principal uses permitted subject to special conditions.

The following uses shall be permitted, subject to the conditions hereinafter imposed for each use and subject further to the review and approval of the planning commission:

(1)

Churches and other facilities normally incidental thereto, subject to the following conditions:

a.

Buildings of greater than the maximum height allowed in division 18 of this article, the schedule of regulations, may be allowed provided front, side and rear yards increased above the minimum required yards by two feet for each foot of building height that exceeds the maximum height allowed.

b.

All access to the site shall be in accordance with section 46-671.

(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 46-671.

(3)

Utility and public service buildings and uses, without storage yards, when operating requirements necessitate the locating of said building within the district in order to serve the immediate vicinity.

(4)

Nursery schools, day nurseries and child care centers, not including dormitories; provided that for each child so cared for, there shall be provided and maintained a minimum of 150 square feet of outdoor play area. Such play space shall have a total minimum area of not less than 5,000 square feet and shall be fenced and screened from any adjoining lot in any residential district.

(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 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 46-671.

b.

Front, side and rear yards shall be at least 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 therefor be pedestrian. Prior to the issuance of a building permit or zoning compliance permit, bylaws 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 bylaws or formal membership, the off-street parking requirement shall be determined by the planning commission on the basis of usage.

d.

Whenever a swimming pool is constructed under this chapter, said pool area shall be provided with a protective fence, four feet six inches in height, and entry shall be provided by means of a controlled gate.

(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 46-671.

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 not be less than 200 feet from any property line 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.

d.

Whenever a swimming pool is to be provided, said pool shall be provided with a protective fence six feet in height, and entry shall be by means of a controlled gate.

(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 40 acres in area, and shall not be permitted on any portion of a recorded subdivision plat.

b.

All access to said site shall be in accordance with section 46-671.

c.

No building shall be closer than 80 feet to any property line.

(8)

Private swimming pools shall be permitted as an accessory use within the rear yard only, provided they meet the following requirements:

a.

There shall be a minimum distance of not less than ten feet, between the adjoining property line, or alley right-of-way and the outside of the pool wall. Side yard setbacks shall apply to side yards if greater than ten feet.

b.

There shall be a distance of not less than four feet between the outside pool wall and any building located on the same lot.

c.

No swimming pool shall be located less than 35 feet from any front lot line.

d.

No swimming pool shall be located in an easement.

e.

For the protection of the general public, all yards containing swimming pools shall be completely enclosed by a fence not less than four feet in height. The gates shall be of a self-closing latching-type, with the latch on the inside of the gate not readily available for children to open. Gates shall be capable of being securely locked when the pool is not in use for extended periods; provided, however, that if the entire premises of the residence is enclosed, then this provision may be waived by the Wexford County building inspector.

(9)

Roominghouses and boardinghouses.

(10)

Family shelter, subject to the requirements of article VI—Special Land Uses.

(11)

Accessory buildings and uses customarily incident to any of the above permitted uses.

(Prior Code, § 5.33; Ord. No. 2010-10, § 16, 8-2-2010; Ord. No. 2017-05, § 2, 4-17-2017)