The principal objective of this comprehensive zoning 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 following provisions of this chapter. (Ord. 233, 7-3-1978)

The city council of the city shall have authority to permit by special ordinance, 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:

Airport, land field, or land 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.

Areas for the dumping or disposal of trash or garbage, in any use district; provided, the sanitary landfill method is used.

Auditorium, stadium, arena, armory, gymnasium, and other similar places for public events, in any B or M district.

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.

Clinic or medical center in any use district.

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

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

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

Institutions for the cure of the insane or feeble minded, public or private, in any use district other than an M district.

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

Nursery school or day nursery, in any R-3 or B-1 district.

Off street parking areas and garages, in any R-3 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 use district.

Public buildings including art galleries, post offices, libraries, museums, or similar structures, in any R-3 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-2 or M district.

Public utility facilities, i.e., filtration plants, water reservoirs or pumping stations, heat or power plants, transformer stations, and other similar facilities, in any use district other than the B-2 or M districts where such facilities are permissive 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 a B or M district.

Railroad right of way, in any use district.

Rest homes and nursing homes in any R-3 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 may be used in whole or in part.

Schools; elementary, high and college, public or private, in any R district, but not including trade or commercial schools operated for profit.

Stable, livery, in any B-2 or M district.

Storage buildings incidental to a grain storage facility in a district zoned "manufacturing". As a condition of approving any such special use, the city may require the applicant to complete any and all public works improvements on said property as the city council deems necessary for the public safety and welfare.

Telephone exchange, antenna towers, and other outdoor equipment essential to the operation of the exchange in any R-3 district in addition to the B and M districts where such facilities are permissive uses.

Trailer camps (house trailers or mobile homes) or trailer parks, in any R-3, B-2 or M district. (Ord. 233, 7-3-1978; amd. Ord. 344, 9-15-1987)

The plan commission may recommend, and the city council may impose, such restrictions upon the height, bulk and area of lot coverage of any structure so approved for special use as may be reasonable under the particular circumstances; provided, that such restrictions and stipulations shall not be more restrictive than the requirements established for the district in which such structure is proposed to be located, or as may be required in any other municipal code. Off street parking facilities as well as off street loading and unloading spaces may also be stipulated in the order permitting the special use. (Ord. 233, 7-3-1978)

The procedure to be followed in considering applications for special uses shall be as follows:

   (A)   Application: An application verified by the owner or authorized agent of the owner of the property involved shall be filed with the city clerk for the attention of the plan commission, upon a form prescribed therefor, which shall contain or be accompanied by all required information.

   (B)   Public Hearing: Upon receipt of such verified application the city clerk shall notify the chairman of the plan commission, or in his absence, the vice chairman, who shall give notice of a public hearing in the same manner as provided for hearings on the reclassification of property, as contained in chapter 11 of this title and title 2, chapter 5 of this code. A record of pertinent information presented at the public hearing shall be made and maintained by the plan commission as part of the permanent record relative to the application.

   (C)   Determination: The plan commission shall then make its findings and recommendations to the city council within thirty (30) days following the date of public hearing on each application. The city council may then authorize a special use as defined herein by specific ordinance; provided, the evidence that is presented is such as to establish beyond a reasonable doubt:

      1.   The proposed use at the particular location requested 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;

      2.   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 improvement in the vicinity; and

      3.   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. (Ord. 233, 7-3-1978)