The board of appeals may authorize the issuance of a special permit for special uses as provided for in Article VII, only in accordance with the following provisions:

a.

Special uses for which special permits may be issued shall be deemed to be a permitted use, subject to the conditions contained in this article. Any special use permitted as provided for herein shall be deemed a conforming use only as of the time of its actual establishment.

b.

Each special use shall be considered an individual case and such use shall conform to the standards of this article. In addition to the specific requirements for each of the special uses enumerated elsewhere in this article, the board of appeals shall find that:

1.

The special use fully complies with all applicable regulations of this or other city ordinances.

2.

The use will be of such location, size and character that, generally, it will be in harmony with the appropriate and orderly development of the zone in which the use is situated and will not be detrimental to the existing neighborhood or orderly development of adjacent properties nor inconsistent with any officially adopted master plan for the city.

3.

Adequate ingress and egress from parking areas is so designed as to cause minimum interference with traffic on abutting streets.

4.

Such use will also fully comply with the additional standards set forth in section 27-38.

c.

In the floodplain, watershed and wetlands protection zone such uses must not conflict with the purposes of the zone by reducing water storage capacity, interfering with the natural flow of any watercourse, or otherwise affecting the natural hydrology of an area or endangering the health or safety of the residents thereof.

d.

Each special permit issued by the Board of Appeals shall lapse within one year from the date of issuance if a substantial use has not commenced prior to the year's expiration without good cause, or in the case of a permit for construction, if construction has not begun by such date except by good cause.

(Code 1965, § 27-37; Ord. No. D72, 7-24-78)

Standards for special uses are as follows:

a.

Hospitals. Minimum lot size shall be one acre; no structure shall be nearer than twenty-five (25) feet of any street or the property line; the buildings shall not occupy over twenty-five (25) percent of the lot area.

b.

Public utilities. Proof must be furnished that the proposed location is necessary for the efficiency of the service to be provided; and that no other suitable location is available; and that the design of any buildings or structures are in keeping with the character of the zone in which it is to locate and will in no way adversely affect the safe and comfortable enjoyment of property rights; that adequate and attractive fences and other safety devices will be provided, and that sufficient landscaping including shrubs, trees and lawns are provided and will be maintained.

c.

Tourist homes. At least one off-street parking space shall be provided for each rentable bedroom.

d.

Joint occupancy. Entrances to the residential areas shall be off the street on which the building fronts; no dwelling unit shall contain less than five hundred (500) square feet of floor space and shall be a complete housekeeping unit.

e.

Gasoline stations. Minimum lot size shall be fifteen thousand (15,000) square feet; the buildings may not be located within twenty-five (25) feet of a side lot line, ten (10) feet of a rear lot line, and one hundred (100) feet of a lot line upon which is located a church or school; and all pumps must be at least twelve (12) feet from any street.

f.

Extractive industries.

1.

The site plan shall show: The proposed area of operation, the minimum distance of any excavation or stripping operation from existing street, property lines, the proposed manner of the operation including the routing of traffic to and from the site, the proposed maximum depth of excavation, and the proposed restoration or improvement of the site at the conclusion of the operation.

2.

The final slope of any spoil in any excavation or stripping operation shall not exceed the normal angles of repose of the material. Any spoil mounds or areas stripped shall be seeded or planted with vegetation to prevent erosion.

3.

No depression, pit or mine shall be left below surrounding ground.

4.

The board of zoning appeals may prescribe other measures to preserve the appearance of the area and to avoid hazardous and unsanitary conditions.

g.

Automobile salvage, wrecking operations, outdoor storage and junk yards. May not be located nearer than four hundred (400) feet to any residential zone; must be enclosed by a solid fence at least eight (8) feet in height; no advertisement shall be permitted thereon; must be kept in good order and repair at all times.

h.

Open air or drive-in theaters. Minimum lot size shall be ten (10) acres; ingress and egress from the theater shall be approved by the city engineer, and any screen used for motion picture projection shall be so placed as not to be seen from adjacent roadways.

i.

Reserved.

j.

Reserved.

k.

Reserved.

(Code 1965, § 27-38; Ord. No. D135, 8-27-81; Ord. No. D242, 11-13-87; Ord. No. E018, 11-29-01; Ord. No. G008, 8-28-03; Ord. of 9-11-2023(4))