(a)

The board of adjustment may, by special permit after a public hearing, authorize the location of any of the following buildings or uses in any district from which they are prohibited by this ordinance:

(1)

Any public buildings erected and used by any department of the city, township, county, state or federal government.

(2)

Community buildings.

(3)

Hospitals, nonprofit fraternal institutions, provided that they are used solely for fraternal purposes, and institutions of an educational, religious, philanthropic or eleemosynary character, and any nonprofit museums.

(4)

Public or private cemeteries, including mausoleums.

(5)

Water and wastewater treatment facilities.

(6)

Electrical and natural gas substations and regulating facilities.

(7)

Child day care facilities, except preschools, family day care homes and group day care homes, wherever the same is allowed as a principle permitted use or permitted accessory use, subject to the granting of a special permit. The special permit is intended to include child care centers as defined in Section 19.02.030, i.e. seven (7) or more children. In addition to all other requirements for obtaining a special permit, the following criteria must be met:

i.

All applicable state laws have been complied with.

ii.

All applicable local laws have been complied with.

iii.

The structural facility shall be harmonious with the surrounding properties.

iv.

The granting of the special permit shall not devalue the surrounding properties.

v.

The proposed facility shall be located on real estate containing a minimum of nine thousand (9,000) square feet.

vi.

The proposed facility shall have suitable parking and traffic flow areas for the safe pickup and delivery of children.

vii.

A fenced outdoor play area of not less than one hundred (100) square feet per child using the area at any given time shall be provided.

viii.

No playground equipment shall be permitted in the front or side yards.

ix.

Fenced play areas shall be enclosed or protected, well drained, free from hazards, and shall be readily accessible to the center.

x.

The facility shall be provided with at least thirty-five (35) square feet of accessible, usable interior floor space per child, excluding kitchen, bathrooms and halls.

(8)

Apartment houses, row houses, boarding rooms and lodging rooms in B-2 District.

(b)

Before issuance of any special permit for any of the above buildings or uses, the board shall review the conformity of the proposal with the standards of the land use plan, and with recognized principles of engineering design, land use planning and landscape architecture. The board may approve or disapprove the special permit as submitted or, before approval, may require that the applicant modify, alter, adjust or amend the proposal as the board deems necessary to the end that it preserve the intent and purpose of this ordinance to promote public health, safety and the general welfare.

(c)

Applications for a special permit under the terms of this section shall be accompanied by evidence concerning the feasibility of the proposed request and its effect on surrounding property and shall include a detailed site plan defining the areas to be developed for buildings, the areas to be developed for parking, the locations of sidewalks and driveways and the points of ingress and egress, including access streets where required, the location and height of walls, the location and type of landscaping, the type of lighting and the location, size and number of signs.

(d)

In the event a special permit is granted under the terms of this section, any change thereafter in the approved use or site plan shall be resubmitted and considered in the same manner as the original proposal.

(Ord. No. 1242, § 2, 9-28-2011)