Uses listed in section 54-116 for each district may be located in certain zones under certain conditions by a special permit granted by the city council after a report and recommendation by the planning and zoning commission.

(Ord. No. 156, § 3.201, 6-8-1981)

(a)

Upon receiving an application for permit, the planning and zoning commission shall hold a public hearing to determine the effect of such proposed use upon the neighborhood character, traffic, public utilities, public health, public safety and general welfare. Such public hearing shall be substantially the same, and notices shall be given in accordance with state statutes and provision of this Code regarding the rezoning of property.

(b)

After receiving the report and recommendation of the planning and zoning commission, the city council shall also hold a public hearing relative to the application for a permit.

(c)

Fees for applications for special use permits shall be submitted with the application and shall be in the amount provided in the city fee schedule. The application fee is nonrefundable.

(Ord. No. 156, § 3.201, 6-8-1981)

Unless otherwise set forth in this chapter, special use permits shall be allowed only for the following purposes and only upon stated standards and specifications:

(1)

Open kennels. Open kennels may be allowed by special permits in C-1 and C-2 districts upon such conditions as recommended by the planning and zoning commission.

(2)

Convalescent or rest homes. Convalescent or rest homes may be allowed by special permits in C-1 and C-2 districts upon such conditions as recommended by the planning and zoning commission.

(3)

Mobile home parks and subdivisions.

(4)

Drive-in theaters. Drive-in theaters may be allowed by special permit in C-2 districts subject to the provided that the application must be approved by state highway department when on or near a state or federal highway.

(5)

Clubs, lodges, fraternities and sororities. Clubs, lodges, fraternities and sororities may be allowed by special permit in the C-1 or R-2 district, but only if such organization does not have regular business transactions as its chief activity and, further, only upon such conditions as are prescribed by the planning and zoning commission.

(6)

Sand and gravel pits. Sand and gravel pits may be allowed by special permit in M districts upon such conditions as are prescribed by the planning and zoning commission.

(Ord. No. 156, § 3.202, 6-8-1981)

(a)

Authority; districts in which allowed. The owner of ten acres or more within an R-1 or R-2 district may submit a plan to the planning and zoning commission showing in detail the manner in which the land is to be used, the location, size, character and appearance of buildings, and provision for off-street parking, service areas, and landscaping.

(b)

Review by commission. The planning and zoning commission shall review the conformity of the proposed development with the standards of the comprehensive plan and recognized principles of civic design, land use planning and landscape architecture.

(c)

Area, height, layout, circulation and performance restrictions. The minimum yard and maximum height requirements of the district in which the development is located shall not apply, except that minimum yards shall be provided around the boundaries of the area being developed. The commission may impose conditions regarding the layout, circulation, and performance of the proposed development and may require that appropriate deed restrictions be filed. The commission shall ensure that the following specifications are met:

(1)

The number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per family required by the districts in which the area is located. Net development area shall be determined by subtracting the area set aside for churches, schools, commercial or industrial use from the gross development area and deducting 20 percent of the remainder for streets, regardless of the amount of land actually required for streets.

(2)

The area of land set aside for common open space or recreational use shall be included in determining the number of dwelling units permitted.

(3)

The minimum lot area and minimum lot frontage of single-family dwelling lots established within the development shall not be less than two-thirds of the normal minimum lot area and minimum lot frontage of the residential district in which the lot is located.

(4)

For each 100 dwelling units in the development plan, no more than one acre may be used for commercial purposes. Commercial uses shall conform to the requirements of the C-2 Local Business District, with the sign regulations of this and all other chapters of this Code, and with the off-street parking and loading requirements of this chapter.

(5)

Land for industrial purposes may not exceed ten percent of the gross area. Such industrial development shall be in accordance with the use regulations and other conditions set out for the M Industrial District, with the sign regulations of this and all other chapters of this Code, and with the off-street parking and loading requirements of this chapter.

(Ord. No. 156, §§ 3.301, 3.302, 6-8-1981)

The council may, after public hearing, approve the plan, and buildings and land may be used only in accordance with the approved plans. Approved plans may be amended by the same procedure by which they were approved, except that minor amendments may be approved by the building official if such change follows prescribed policy and does not violate the intent of the originally approved plan.

(Ord. No. 156, § 3.303, 6-8-1981)