The principal objective of this title is to provide for an orderly arrangement of compatible building and land uses, and for the proper location of all types of uses required for the social and economic welfare of the City. To accomplish this objective, each type and kind of use is classified as permitted in one or more of the various districts established by this title. However, in addition to those uses specifically classified and permitted in each district, there are certain additional uses which it may be necessary to allow because of their unusual characteristics or the service they provide the public. These special uses require particular consideration as to their proper location in relation to adjacent established or intended uses, or to the planned development of the community. The conditions controlling the location and operation of such special uses are established by the provisions of this chapter. (1996 Code app. A § 7.1)

The City Council shall have authority to permit the following uses of land or structures, or both, subject to conditions contained herein, if it finds that the proposed location and establishment of any such use will be desirable or necessary to the public convenience or welfare and will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites:

   Agriculture research centers and facilities, including but not limited to, green houses, warehouses, livestock buildings and pens, and crop and vegetable growing research fields and plots in any M-2 or M-3 District and in the surrounding extra-jurisdictional one and one-half (1 ½) mile area.

   Airport, heliport, landing field or landing strip, in any use district subject to the Civil Aeronautics Administration certifying that a new or reoriented runway will not interfere with the flight pattern of any established airport, landing field or landing strip.

   Alcohol sales at retail for consumption on premises or off at any of the following or similar establishments: bars, bowling alleys, billiard and pool rooms, catering and food services, clubs, dance halls, fraternal organizations and lodge halls, meeting halls, motels and hotels, liquor stores, restaurants, taverns, and theaters, in a B-2, B-3 or M-1 Use District. This special use is transferable under certain limited circumstances as provided in subsection 4-2-13A of this Code.

   Areas for the dumping or disposal of trash or garbage, in M Districts only.

   Auditorium, stadium, arena, armory, gymnasium and other similar places of public events in any B or M District unless located adjacent to or as part of a school or church.

   Boarding house.

   Bus terminal, railroad passenger station, freight terminal or any other public transportation terminal facilities, in any use district.

   Cemeteries, crematories or mausoleums, in any use district.

   Commercial energy windmills in an M-2 or M-3 District.

   Commercial Solar Energy Systems (CSES) in any M-2 or M-3 District and in the surrounding extra-jurisdictional one and one-half (1½) mile area, except that CSES buildings or structures in the extra-jurisdictional area shall be required to conform to setback and height regulations as follows:

      Front Yard: Each lot or parcel of land on which a CSES is constructed shall have a front yard of not less than seventy-five feet (75').

      Side Yard: On lots or parcels upon which a CSES is constructed, or extensions made to an existing CSES, there shall be a side yard of not less than fifty feet (50') from the closest free-standing ground-mounted, solar arrays or modules or battery storage facility. Such setback is waived between properties that are both participants in the same CSES, subject to a recorded written waiver of the setback executed by both property owners.

      Rear Yard: Each lot or parcel of land upon which a CSES is constructed shall have a rear yard of not less than thirty feet (30').

      Building Height: The maximum height of CSES improvements, other than Electrical Transmission Poles, substations and their related improvements, shall not exceed twenty-five feet (25').

      Residential Setback: In addition to the above yard setbacks, all CSES buildings or structures in the extra-jurisdictional area shall be constructed no less than three hundred (300') feet from any residential dwelling measured in a straight line from one building or structure to the other, except that this Residential Setback shall not apply to residential dwellings located solely on property or adjacent properties, which have been leased to or are owned by an individual or entity constructing a CSES on said property or adjacent properties.

   Day care, defined as supervision of and care for children or physically or mentally disabled adults that is provided during the day by a person or organization at a facility at the designated location, in an R-5 Residential District.

   Extraction of gravel, sand or other raw materials, in any M District.

   Golf courses, public or private, in any use district.

   Hospitals or sanatoriums, public or private, in any use district other than an M District.

   Institutions or hospitals for the care of the mentally challenged, public or private, in any use district other than an M District.

   Kennels in any Business or Manufacturing District.

   Medical use and/or adult-use cannabis business establishment or facility and cannabis paraphernalia retail establishment in any B-3 or M-3 District and in the surrounding extra-jurisdictional one and one-half (1-1/2) mile area from the city limits.

   Municipal or privately owned recreation building or community center, in any use district.

   Off street public parking areas and garages, in any R-4 or R-5 District, provided there is a need for this facility, and that no appropriate site is available in nearby Business or Manufacturing Districts.

   Penal or correctional institutions, in any use district.

   Police station or fire station, in any district.

   Public buildings, including art gallery, library, museum or similar structures, in any R-5 or B-2 District.

   Public or private park or playground, in any use district.

   Public or privately owned and operated fairgrounds, permanent carnivals, "kiddie parks" or other similar amusement centers, in any B-3 or M District.

   Public utility facilities, i.e., filtration plant, water reservoir or pumping station, transformer station, electrical substation and distribution center, gas regulation center and underground gas holder station, and other similar facilities, in any use district other than the M Districts where such facilities are permitted uses.

   Radio and television transmitting or antenna towers (commercial) and other electronic equipment requiring outdoor structures and including antenna towers used for the sending of private messages, but not including private receiving aerials or antennas, in M-2 or M-3 District.

   Railroad right-of-way, in any use district.

   Rest homes and nursing homes, in any R-5 or B District; provided, that when located in a Business District, such uses shall be established above the first floor when located in a building constructed for a business use. A building originally constructed for residential use in a Business District may be used in whole or in part for rest homes or nursing homes.

   Schools, elementary, high and college, public or private, in any R District.

   Telephone exchanges, antenna towers and other outdoor equipment essential to the operation of the exchange, in any M-2 or M-3 District. (1996 Code app. A § 7.2; amd. 2010 Code; Ord. 1738, 1-29-2019; Ord. 1767, 6-15-2021; Ord. 1779, 4-19-2022; Ord. 1802, 11-14-2023; Ord. 1817, 10-15-2024)

The Planning and Zoning Board may recommend and the City Council may impose such restrictions upon the height, bulk and area of occupancy of any structure so approved for special use as may be reasonable under the particular circumstances. Off street parking facilities, as well as off street loading and unloading spaces, may also be stipulated in the order permitting the special use. (1996 Code app. A § 7.3; amd. 2010 Code)

The procedure to be followed in considering applications for special uses shall be the same as provided in section 11-3-4 of this title. (1996 Code app. A § 7.4; amd. 2010 Code)

The City Council may then authorize a special use, as defined in sections 11-11-1 and 11-11-2 of this chapter, by specific ordinance, provided the evidence presented is such as to establish beyond reasonable doubt: (1996 Code app. A § 7.4-3; amd. 2010 Code)

   A.   That the proposed use at the particular location is necessary or desirable to provide a service or a facility which is in the interest of public convenience and will contribute to the general welfare of the neighborhood or community; and

   B.   That such use will not, under the circumstances of the particular case, be detrimental to the health, safety, morals or general welfare of persons residing or working in the vicinity or injurious to property values or improvements in the vicinity; and

   C.   That the proposed use will comply with the regulations and conditions specified in this title for such use and with the stipulations and conditions made a part of the authorization granted by the City Council. (1996 Code app. A § 7.4-3)