In addition to the uses permitted within each zoning district, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district, but which, because of their potential adverse influence upon the respective districts, need to be carefully regulated with respect to their location or operation for the protection of the community. Such uses are classified as "special uses" and fall into three categories:

(1)

Uses either municipally operated or operated by publicly regulated utilities, or uses traditionally affected by public interest, as defined in article I of this chapter.

(2)

Uses entirely private in character which, because of their peculiar locational need, the nature of the service they offer to the public and their possible damaging influence on the neighborhood, may have to be established in a district in which they cannot reasonably be allowed as an unrestricted permitted use under the zoning regulations.

(3)

Nonconforming uses which as special uses can be made more compatible with their surroundings.

(Ord. No. 795, § 1300, 5-13-74)

An application for a special use permit shall be filed on a prescribed form with the zoning officer. The application shall include a statement in writing and adequate evidence showing that the proposed special use will conform to the standards set forth in this article, plus the following information and material:

(1)

Name and address of applicant.

(2)

Statement that the applicant is the owner or the authorized agent of the owner of the property for which the change in district boundaries is proposed.

(3)

Address or description of the property.

(4)

The application shall be accompanied by an accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the location of streets and property lines.

(5)

The application shall be accompanied by a fee as prescribed by a fee schedule adopted by the city council.

(Ord. No. 795, § 1301, 5-13-74)

Upon receipt in proper form of the applicant's application and statement, the zoning board of appeals shall hold at least one public hearing on the proposed special use. The hearing shall be conducted within 45 days of the date when the application was filed or the proposal was initiated.

(Ord. No. 795, § 1302, 5-13-74)

Notice of such hearing shall be published at least one day not more than 30 nor less than 15 days prior to the hearing in one or more newspapers of general circulation in the city and by posting on or adjacent to the property which is the subject of the application. Failure to post notice shall not invalidate the proceedings.

(Ord. No. 795, § 1303, 5-13-74)

Within 35 days after the close of the public hearing on a proposed special use, the board of appeals shall make written findings of fact and shall submit same together with its recommendation to the city council. If the board of appeals fails to act within 35 days of the public hearing, the special use shall be deemed approved by the board of appeals. For the board of appeals to make an affirmative recommendation on any requested special use permit, it must consider the following factors:

(1)

The establishment, maintenance, or operation of the special use will not be 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 purposes already permitted, not substantially diminish and impair property values within the neighborhood.

(3)

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

(4)

Adequate utilities, access roads, drainage, and/or necessary facilities have been, are being, or will be 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 special use shall, in all other respects, conform to the applicable regulations of the district in which it is located. The zoning officer shall forward the board of appeal's decision and records to the city council within ten days after action or within 45 days from the date of public hearing if no action has been taken by the board of appeals.

(Ord. No. 795, § 1304, 5-13-74; Ord. No. 3864-13, § 3, 2-11-13)

The zoning board of appeals may recommend and the city council may require such conditions or restrictions upon the construction, location and operation of a special use as deemed necessary for the protection of the adjacent properties. These conditions may include the expiration of the special use permit after a specified period of time and off-street parking and loading requirements in accordance with the provisions of this chapter.

(Ord. No. 795, § 1305, 5-13-74)

The special use permit issued pursuant to the provisions of this article shall continue to be valid upon change of ownership of the site or structure which was the subject of the special use permit application.

(Ord. No. 795, § 1306, 5-13-74)

Upon receipt of the findings of fact of the board of appeals, the city council may, by ordinance without further hearing, authorize special use permits in accordance with the general interest of this chapter, the purpose of the district in which the special use will be located and the standards established in section 102-309. Any requested special use permit which fails to receive the approval of the board of appeals shall not be passed by the city council except by the favorable vote of two-thirds of the aldermen then holding office. The city council shall act on a requested special use permit within 45 days of the time of the receipt of findings of fact.

(Ord. No. 795, § 1307, 5-13-74)

No application for a special use which has been denied wholly or partly by the city council shall be resubmitted for a period of one year from the date of the denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the board of appeals.

(Ord. No. 795, § 1308, 5-13-74)

(a)

A special use permit shall lapse and shall become void one year following the date on which the special use permit became effective, unless prior to the expiration of one year a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the special use permit application; a certificate of occupancy is issued for the structure which was the subject of the special use permit application; the site was occupied if no building permit or certificate of occupancy is issued for the structure which was the subject of the special use permit application; or the site was occupied if no building permit or certificate of occupancy is required.

(b)

A special use permit may be renewed for an additional period of one year, provided that prior to the expiration of one year from the date when the special use permit originally became effective, an application for renewal of the special use permit is filed with the zoning board of appeals.

(c)

The zoning board of appeals may grant or deny an application for renewal of a special use permit.

(d)

Sections 102-308 and 102-316 shall apply to an application for renewal of a special use permit.

(Ord. No. 795, § 1309, 5-13-74)

A use established as a special use by the city prior to the enactment of this chapter shall be nonconforming; however, it shall be permitted to continue in use, provided that the use is operated and conducted in accordance with the provisions prescribed within the special use permit, as granted. Any alteration, expansion or restoration shall thereafter be governed by the provisions of division 2 of article II of this chapter.

(Ord. No. 795, § 1310, 5-13-74)

Upon violation of any applicable provision of this chapter or if granted subject to conditions, upon failure to comply with the conditions, a special use permit shall be suspended automatically. The zoning board of appeals shall hold a public hearing within 45 days, in accordance with the procedure prescribed in section 102-308, and if not satisfied that the regulation, general provision, or condition is being complied with, may revoke the special use permit or to take such action as may be necessary to ensure compliance with the regulation, general provision, or condition. Within 12 days following the date of a decision of the zoning board of appeals revoking a special use permit, the zoning officer shall transmit to the city council written notice of the decision. The decision shall become final 12 days following the date on which the special use permit was revoked or on the day following the next meeting of the city council, whichever is later, unless an appeal has been taken to the city council or unless the city council shall elect to review the decision of the zoning board of appeals, in which cases section 102-310, 102-311 or 102-312 shall apply.

(Ord. No. 795, § 1311, 5-13-74)

Following the revocation of a special use permit, no reapplication for the same or substantially the same special use on the same or substantially the same site shall be filed within one year of the date of the revocation of the special use permit.

(Ord. No. 795, § 1312, 5-13-74)