(a)

The development and execution of a zoning ordinance is based upon the division of the city into districts, within which districts, the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are special uses that, because of their unique characteristics, cannot be properly classified in any particular district without consideration in each case of the impact of those uses on neighboring land and of the public need for the particular use at the particular location.

(b)

These special uses consist of uses publicly operated or traditionally affected with a public interest and uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(Ord. No. 2-12-2003, § 14.01, 2-12-2003)

(a)

Any person owning or having an interest in the subject property may file an application to use the land for one or more of the special uses provided for in this article in the zoning district in which the land is situated.

(b)

An application for a special use or expansion of a special use shall be filed with the city clerk and shall be accompanied by the appropriate fee as provided on the city fee schedule and the plans or data as prescribed by the zoning board of appeals from time to time.

(Ord. No. 2-12-2003, § 14.01(1), (2), 2-12-2003)

Upon receipt of the application referred to in section 44-271, the zoning board of appeals shall hold at least one public hearing. At least 15 but not more than 30 days in advance of the hearing, notice of the time, place and purpose of the hearing shall be published in a newspaper of general circulation in the city, and written notice shall be given by certified mail to all property owners within 250 feet of the special use.

(Ord. No. 2-12-2003, § 14.01(3), 2-12-2003)

After the public hearing described in the preceding paragraph, the zoning board of appeals shall make written recommendations as to the request for special use to the city council, including any recommended conditions or stipulations attached to such use.

(Ord. No. 2-12-2003, § 14.01(4), 2-12-2003)

The city council may grant or deny any application for a special use, subject to any conditions or stipulations that the council chooses to attach to such use; however, in the event of written protest against any proposed special use, signed and acknowledged by the owners of 20 percent of the frontage adjacent thereto, across an alley or directly opposite therefrom, the special use shall not be granted except by the favorable vote of two-thirds of all the members of the city council.

(Ord. No. 2-12-2003, § 14.01(4), 2-12-2003)

No special use shall be recommended by the zoning board of appeals unless the board shall find that:

(1)

The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(2)

The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted or substantially diminish and impair property values within the neighborhood.

(3)

The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

(4)

Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided.

(5)

Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.

(6)

The proposed special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as the regulations may, in each instance, be modified by the city council.

(Ord. No. 2-12-2003, § 14.01(5), 2-12-2003)