Uses listed in section 9-5-2 of this chapter may locate only in certain zones under certain conditions, and structures may be built higher than otherwise allowed in section 9-9-1 of this title by a special permit granted by Council after a report by the commission. The commission shall have forty five (45) days to submit the report addressing the effect of the proposed use upon neighborhood character, traffic, public utilities, public health, public safety and general welfare. If no report is made in forty five (45) days, it may be assumed that the commission approved the application. After receipt of the commission report, the Council shall hold a public hearing before granting a special permit. (1996 Code § 17.20.010; amd. 2002 Code)

Uses for which special permits may be secured, conditions that must be observed, and districts in which uses will be allowed are:

Cemetery:

   A.   At least twenty (20) acres in area; provided, however, that this area limitation shall not apply to enlargement of existing cemeteries.

   B.   This use can be located in R, S and P Districts.

Clubs and semipublic buildings:

   A.   Regulations governing R-1B and R-2 Districts apply.

   B.   No parking is allowed in a required front yard. Parking areas in accord with chapter 10 of this title are required.

Commercial greenhouses and nurseries:

   A.   No commercial greenhouse shall be closer than twenty five feet (25') to a lot that is Residentially zoned.

   B.   These uses can be located in any district except the P District.

Extraction of sand, gravel and other raw materials:

   A.   Bond must be filed with the City Planner with terms and amount adequate in the planner's opinion to ensure such restoration of property after extraction as will protect value of adjacent property and the public safety.

   B.   These uses can be located in SA-2, M-2 and P Districts.

Hospital and educational, religious and philanthropic institutions:

   A.   Buildings may occupy not over forty percent (40%) of the lot and must be set back an additional one foot (1') over usual yard requirements for each one foot (1') that the building exceeds usual height limits. Adequate off street parking must be provided.

   B.   Any hospital existing at the time of passage of the ordinance codified in this title shall be exempted from these conditions and from any other height, yard and off street parking requirements otherwise applicable in the districts in which such existing hospital is located.

Nursery, prekindergarten, kindergarten, play, special and other private schools:

   A.   At least one hundred (100) square feet of open play space must be provided for each child enrolled.

   B.   These uses can be located in R, S and C Districts.

Outdoor theaters:

   A.   Outdoor theaters must be approved by the State Highway and Transportation Department when on or near a State highway.

   B.   Outdoor theaters are subject to approval by the Planning and Zoning Commission and City Council.

   C.   This use can be located in C and M Districts only.

Private recreational activities and paid amusement centers:

   A.   Such uses are subject to approval by the Planning and Zoning Commission and City Council.

   B.   These uses can be located in C and M Districts only. (Ord. 1047, 2-12-2019)

The City Council shall establish a schedule of fees for such action by resolution. The schedule of fees may be altered or amended from time to time by action of the City Council with a resolution. (Ord. 975, 9-22-2015)