§ 47-18.17. House of worship.

A.

A house of worship that is conditionally permitted in any RM or RMH district and that is permitted in the CF-H or CF-HS districts shall be subject to the following requirements:

1.

The minimum lot size shall be ten thousand (10,000) square feet in area and one hundred (100) feet in parcel width.

2.

Yards shall be provided as required for a nonresidential use within the district where the house of worship is located; however, side yards shall be no less than twenty (20) feet.

3.

No parking areas serving the house of worship shall be permitted within ten (10) feet of a property line when abutting any RS, RD, or RC zoned property.

4.

A house of worship may only include the following accessory uses: offices, meeting rooms, residences for resident employees of the house of worship in addition to those permitted in accordance with Section 47-19, Accessory Uses, Buildings and Structures.

B.

A house of worship that is permitted in the CF district may include, but is not limited to, the following accessory uses: accessory uses as permitted in subsection A.4; film studios, auditorium stage, child day care facilities, schools and SSF facilities.

C.

Houses of worship that exist as of the effective date (June 28, 1997) of the ULDR, which are greater than ten thousand (10,000) gross square feet in floor area, shall be permitted in a CF-H or CF-HS zoning district in accordance with the following:

1.

Such structure is in continuous operation and not discontinued in use as provided in Section 47-3, Nonconforming Uses.

2.

When the use of such structures change to a different use, the existing house of worship cannot be reestablished, and the new use must meet the requirements of the ULDR for the new use.

3.

If such structure is damaged or destroyed by fire, explosion or other casualty or Act of God or public enemy by more than fifty (50) percent of its replacement value or fifty (50) percent of the gross floor area of the existing structure, such structure may be restored to the condition it was in prior to the damage, subject to the following conditions:

a.

The dimensional requirements for a house of worship as provided in the zoning district where it is located shall apply to structures for the purpose of reconstruction, except FAR and maximum size limitations.

b.

The total square foot area to be provided in the rebuilt structure shall not exceed the total square foot area previously existing in the same structure prior to the destruction.

c.

The parcel to be rebuilt must meet all the requirements of the ULDR.

4.

If more than fifty (50) percent of the replacement value or of the total gross floor area of an existing house of worship is demolished by other than fire, explosion or other casualty or Act of God or public enemy, then such structure may not be restored to the condition it was in prior to the damage, and any use of the property on which such structure was located shall be required to meet all of the requirements of the ULDR.

5.

Any additions to existing houses of worship are required to meet the requirements of the ULDR.

(Ord. No. C-97-19, § 1(47-18.16), 6-18-97)