§ 33-151.12.1. Limitations on the placement of certain private educational facilities.  


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  • (a)

    New private elementary, junior and senior high schools, private college, universities and non-agricultural trade schools as well as the expansion of such existing facilities shall be prohibited on sites located outside the Urban Development Boundary (UDB).

    (b)

    Except as provided in subsection (c) below, the following new private educational facilities and the expansion of such facilities shall be located inside the UDB and spaced from the UDB as follows:

    (1)

    Elementary school: ¼ mile inside the UDB.

    (2)

    Junior high school: ½ mile inside the UDB.

    (3)

    Senior high school: one mile inside the UDB.

    (4)

    Private college or university: one mile inside the UDB.

    (5)

    Non-agricultural trade school: one mile inside the UDB.

    (c)

    A proposed new elementary school, junior high school, senior high school, private college, university or non-agricultural trade school, or the expansion of an existing school site, inside but closer to the UDB than indicated in (b) above, may be approved only as a special exception at public hearing, providing that it is demonstrated that within a one-half mile radius of the outer limits of the proposed new school or school expansion site:

    (1)

    The lots, parcels or tracts are substantially developed; and

    (2)

    There are no other lots, parcels or tracts available for development that meet the requirements of subsection (b) above and that meet all the requirements of sections 33-151.11 through 33-151.22 of this Code.

    Approval of such a site shall require that the majority of the subject site and the proposed buildings' ground floor square footage be located in accordance with (b) above, and that the principal buildings and entrances be placed as far from the UDB as possible.

    (d)

    For purposes of establishing the distances provided by this section, the applicant shall furnish a certified survey from a registered surveyor, as well as a proposed site plan, which shall indicate that the distance requirements of this section have been met.

(Ord. No. 02-46, § 3, 4-9-02)