Except as herein qualified or restricted, the city council may grant special permits for the following special uses in any district for which said uses are otherwise prohibited by this ordinance. At the time such permits are issued, the council may impose appropriate conditions and safeguards to protect the comprehensive plan and to conserve and protect property and property values in the neighborhood, including, but not limited to, a specified period of time for the existence of the permit.

A.

An airport, landing field or landing strip for aircraft.

B.

A cemetery or mausoleum.

C.

A commercial, recreational or amusement development.

D.

Hospitals, clinics and institutions, except institutions for criminals and those for persons who are mentally ill or have contagious diseases; provided, however, that such building permitted in an R District shall be located on a site of not less than five acres, shall not occupy more than ten per cent of the total lot area and shall be set back 100 feet from all lot lines.

E.

Any public or government building.

F.

A radio or television broadcasting or cable transmission tower.

G.

A mobile home park, provided that such mobile home park shall comply with the following requirements, and such other requirements as may be deemed necessary for proper development and for protection of the surrounding area and the mobile home park:

1.

The mobile home park shall comply with all appropriate state, county and city ordinances, laws and rules regulating mobile home parks.

2.

At least 4,000 square feet of lot area per mobile home shall be provided, and no lot area shall be less than 40 feet wide; no mobile home shall be parked in a mobile home park closer to the street or highway than the required front yard set back line or closer than 25 feet to any property line; and a clearance of not less than 20 feet shall be maintained between mobile homes on all sides.

3.

Mobile home lots shall abut upon a dust-free hard surface driveway or accessway of not less than 25 feet in width.

4.

All mobile homes shall be connected to the city water and sewerage system, and such connections shall be made and maintained in accordance with state and local regulations. Dependent mobile homes are prohibited from locating in a mobile home park.

5.

Service buildings or other facilities for laundry and sanitation, as required by the state and local health regulations, shall be located at least 20 feet from the lot lines of the adjoining mobile home lots and shall be accessible to all mobile homes by means of the access drives or hard surfaced walks.

6.

All mobile home parks accommodating 25 or more mobile homes shall provide an outdoor recreation area within the park. The size of such recreation area shall be based upon a minimum of 200 square feet for each mobile home lot.

7.

Should a conflict arise between any of the provisions of this article and any state or city law, ordinance or rule, the more restrictive law, ordinance or rule shall prevail.

H.

An individual mobile home as a dwelling or accessory building provided such mobile home is placed on a lot in the following districts: A- Agricultural, I-Industrial, R-3 Single Family Dwelling, R-4 Multi-Family Dwelling, B1 Outlying Business District, and further provided that the placement of such mobile home shall comply with the following requirements and such other requirements that may be considered necessary for the development and protection of the surrounding area and the mobile home occupants and owner.

1.

A mobile home located other than in a mobile home park shall be considered a dwelling. If there is no other mobile home or dwelling on the lot where a mobile home is proposed, its location on the lot must conform to the rules applicable to dwellings in the district where located. Prior to the placement (or replacement) of any and all mobile homes outside of a mobile home park within the city, a permit must be obtained from the city clerk's office and the site inspected and a visual inspection of the proposed mobile home by the building official to ensure compliance with regulations contained herein. Provided however, no mobile home over 15 years old may be placed outside a mobile home park within the city.

2.

A mobile home shall not be located on a lot having an area of less than 4,000 square feet unless the lot was of record on the effective date of this article; however, no mobile home shall be located less than ten feet from any lot line, building or structure.

3.

The city council may issue a permit for the location of one mobile home on the same lot with a conventional dwelling in the districts prescribed in this section under the following conditions:

a.

The lot shall contain an area of 4,000 square feet in addition to the rear yard area required by this article for the principal dwelling in the zoning district in which the mobile home is to be located.

b.

The proposed location of the mobile home shall be no less than ten feet from any lot line, building or structure.

c.

Provision shall be made for adequate parking space on the same lot available to and adequate to accommodate one vehicle for the dwelling, if such does not already exist, and one vehicle for the mobile home.

4.

All mobile homes shall be equipped with bath and toilet fixtures and shall be connected directly to the city water and sewer systems when and if such connections are available.

5.

Whenever a mobile home is established as a residence there shall be provided on the same lot or parcel of ground as occupied by the mobile home, one parking space.

6.

The parking or storage of an unoccupied mobile home shall be allowed in an accessory, private garage building as long as it is not occupied or used as a storage building, nor for any business purpose.

a.

The parking or storage of an unoccupied mobile home shall be allowed in the rear yard or least conspicuous location on the lot, in any district of the city for a period of not to exceed 60 days.

b.

Any mobile home so stored as noted in paragraphs above, cannot be occupied as a living quarters, used as a business, or for storage, nor shall said mobile home be connected to utility services, including, but not limited to, water, sewer, electricity.

c.

Any mobile home located on a lot currently, which would be in violation of this amendatory ordinance, shall have a period of 90 days from the effective date of this ordinance to remove said mobile home from said lot.

7.

Mobile homes used for offices or tool storage in connection with a construction project may be parked on the construction site within the city during the course of construction.

8.

It shall be unlawful within the limits of the city for any person to park any mobile home on any street, alley or highway or other public place for longer than 24 hours, subject to any other and future prohibitions, regulations or ordinances for that street, alley, highway or public place.

9.

When a mobile home is located on a lot at the time of the effective date of this ordinance or at the time the lot or land on which the mobile home is located becomes subject to this ordinance, it shall be subject to the following conditions, restrictions and limitations:

a.

As a condition for continuing such use beyond three years from the effective date of this ordinance, the owner of the land must report such use of the land to the city clerk in writing within one year from the effective date of this zoning ordinance.

b.

In addition to the requirement for reporting the use of land for mobile home use, the following conditions shall also apply:

(1)

A mobile home which is situated nearer than ten feet to any building, structure or lot line, shall be moved so that it will be no nearer than ten feet to a building, structure or lot line; otherwise, the use of the land shall be considered a noncomplying use and shall be discontinued within three years from the effective date of this zoning ordinance.

(2)

A mobile home, mobile home pad or space being rented to others by the owner of land situated in all but the A-Agricultural District, R-3 Two-Family Dwelling District, I-Industrial District and the B-1 Outlying Business District shall be considered a noncomplying use of land and, if reported as required herein, such use may continue as long as title to the land remains in the person who held title on the effective date of this ordinance.

(a)

If there is a change in the ownership of the property and the rental mobile home, mobile home pad or space is not occupied, the noncomplying use shall be discontinued.

(b)

If there is a change in the ownership of the property and the rental mobile home, mobile home pad or space is occupied at the time of the change, the noncomplying use may continue as long as the person continues to occupy the home, pad or space; however, on that person's removal from the property the noncomplying use shall be discontinued.

(c)

A mobile home situated in the following districts, A-Agricultural, R-3 Two-Family Dwelling District, I-Industrial and B-1 Outlying Business District, which has been destroyed or damaged by fire, explosion, act of God or public enemy may be repaired or replaced. A mobile home located in any other district which has been destroyed or damaged as set out above, and which at the time of the destruction thereof was on premises owned by the same person owning the premises on the effective date of this ordinance may also be repaired or replaced, provided that, in either case, such repairs or replacements are accomplished within one year of the date of such damage. No such repair or replacement may be begun or accomplished without first giving notice thereof to the city clerk and the city building inspector; the city building inspector shall inspect and approve both the proposed and completed repairs and replacement of such mobile home.

10.

a.

A mobile home located in other than a mobile home park shall be underpinned with suitable fire resistant materials within 30 days of placement. Any mobile home located in other than a mobile home park at the effective date of this amendatory ordinance shall be underpinned with such materials within 30 days of the effective date of this amendatory ordinance.

b.

Any mobile home located in a mobile home park shall be underpinned with such materials within 30 days of its placement.

c.

Any mobile home located in a mobile home park at the effective date of this amendatory ordinance shall be underpinned with such appropriate materials within 60 days of the effective date of this amendatory ordinance.

I.

Gas, oil and injection wells for secondary recovery operations, and storage tanks for crude oil, providing that no such special use shall be conducted within 200 feet of any residence and within 500 feet of any lot in a residential district.

J.

Junkyards in A-Agricultural or Floodplain Districts, provided that such junkyard shall be enclosed on all sides by a solid fence or wall eight feet high which shall be kept in good repair. A junkyard may be established no less than 1,200 feet from any lot in any residential district or from any lot occupied by a dwelling, school, church or institution for human care; provided that the premises are deemed suitable by the governing body for such use by reasons, among others, of topography, screening by trees or other features and also in consideration of the present and potential use of adjacent properties.

K.

For purposes of this article, any modular home as defined in Article II, Section 2-1-b-46.

L.

Outdoor portable storage units. Outdoor portable storage units are permitted in any zoning district subject to the following:

1.

In other than an Industrial District and an Outlying Business District where the unit is to be used by a manufacturing plant, industry or commercial retail outlet or by an individual or company whose business it is to sell or lease such units;

a.

There shall be no more than one portable outdoor storage unit per property;

b.

Stacking of portable outdoor storage units on top of each other is not permissible in any zoning district, other than in Industrial or Outlying Business Districts. In Industrial and Outlying Business Districts stacking shall be limited to two high and no vehicles shall be placed on top of said units;

c.

The property must be occupied by a principal building, however, the placing of a portable outdoor storage unit on a construction site for the storage of tools, equipment or material during the duration of such construction shall not require a special use permit;

d.

Portable outdoor storable units shall not exceed eight feet six inches in height and 160 square feet in size;

e.

Portable outdoor storage units shall not be placed on public streets or alley rights-of-way or in a location that obstructs traffic visibility;

f.

Portable outdoor storage units shall have no signage other than the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the portable outdoor storage unit and such signage shall be limited to one sign per unit and shall not exceed four square feet in size;

g.

Portable outdoor storage units may be permitted to remain on any premises for a period of time not to exceed 60 consecutive days, or fractions thereof, and shall be limited to a maximum of two 60 consecutive day periods with a calendar year. However, in no event will any two consecutive 60-day periods, or fractions thereof, be permitted within 90 days of each period.

h.

Portable outdoor storage units shall be maintained in a good state of repair, free from rust, peeling paint and other forms of visible deterioration.

2.

Any outdoor portable storage unit not in compliance with this ordinance at the time of passage shall be considered a nonconforming use.

(Ord. No. 343, § 1, 4-18-77; Ord. No. 437, § 1, 12-20-82; Ord. No. 528, § 1, 9-5-89; Ord. No. 814, 2-16-04; Ord. No. 889, 1-2-07; Ord. No. 891, 2-12-07; Ord. No. 973, 1-23-12; Ord. No. 1040, 11-23-15; Ord. No. 2013 , 6-3-19)

Before any of the special uses listed in this section may be authorized, the board of appeals shall hold a public hearing after proper notice and publication of time and place, all of which shall conform to the procedure set out in article XIX. Within 30 days after such hearing, the board of appeals shall report to the city council regarding such hearing and on the effect of such proposed building or use upon the character and development of the neighborhood, traffic conditions, utility facilities and other matters pertaining to the public health, safety and general welfare. No action shall be taken by the city council upon any application for a proposed building or use named in this article until and unless the report of the board of appeals has been filed. If the board of appeals recommends against the issuance of the special permit, then it may be issued only on a two-thirds vote of the city council.

(Ord. No. 343, § 1, 4-18-77)

No hearing shall be had and no special use permit shall be issued until the applicant for a special use has:

A.

Filed with the city clerk a request for such special use permit and has indicated therein the nature of the special use; and

B.

Filed therewith a sketch or diagram showing the lot lines, adjoining streets and alleys, if any, location of buildings and structures on the lot and adjoining lots, use of the surrounding land, intended location of water and sanitary facilities and giving measurements in all cases; and

C.

Deposited with the city clerk:

1.

Any amounts required by law, ordinance, rule or regulation for connection to the city water and sewer system; and

2.

The amount of $100.00 for the specific special uses listed below:

a.

Airport, landing field or landing strip.

b.

Cemetery or mausoleum.

c.

Commercial, recreational or amusement development.

d.

Hospitals, clinics and institutions.

e.

Public or government building.

f.

Radio, cellular telephone, television broadcasting or cable transmission towers.

g.

Mobile home park.

h.

Gas, oil and injection wells and storage tanks for crude oil.

i.

Junkyard.

j.

Individual mobile home outside a mobile home park.

k.

Outdoor portable storage units.

3.

If in the event the requested permit is denied or is not issued for any other reason, such filing fee shall be retained by the city to cover their costs.

4.

The applicant, for a special use permit, must have a vested interest in the lot or tract of land for which such permit is sought.

(Ord. No. 343, § 1, 4-18-77; Ord. No. 661, 8-26-96; Ord. No. 889, 1-2-07; Ord. No. 891, 2-12-07; Ord. No. 951, 5-3-10)

Any proposed special use shall otherwise comply with all regulations set forth in this ordinance for the district in which such use is located except that the City Council may permit hospitals and institutions to exceed the height limitations of such district.

(Ord. No. 343, § 1, 4-18-77)

A.

All special use permits shall be deemed and construed to run with the land for which such permit has been granted. Each such permit shall be of indefinite duration unless otherwise limited or qualified by the city council, except that any special use permit for the placement of a mobile home shall be deemed to have expired when such lot or tract of land is not occupied by a mobile home, or the mobile home is not occupied for a period of 180 consecutive days. Notwithstanding the same, any special use permit which has been issued in the past, or which is issued subsequent hereto, that has a specific termination or expiration provision, or requires a shorter termination provision, shall be applicable to any such special use.

B.

Any special use with regard to any mobile home previously issued which would be deemed to have expired as a result of this amendment, shall be deemed to have expired 180 days from the effective date of this ordinance, if this provision is applicable thereto.

(Ord. No. 343, § 1, 4-18-77; Ord. No. 527, § 1, 9-5-89)

A.

A mobile home situated upon any lot or tract of land for which a special use permit has been granted pursuant to this ordinance may be removed therefrom only after notice is given to the city clerk.

B.

A mobile home may be placed upon any lot or tract of land for which a special use permit has been granted only after inspection by the city building inspector and determination by him that the said mobile home meets all the requirements and qualifications set forth in this ordinance and in the grant of special use permit for the land or lot in question.

(Ord. No. 343, § 1, 4-18-77)

Any mobile home occupied as a dwelling or residence which shall be found to have any of the following defects, shall be proscribed as unfit for human habitation, or required to be brought up to standards of this chapter, and shall be so designated and placarded by the city inspector, or his designated agents:

1.

The structure is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested that it creates a serious hazard to the health or safety of the occupants or of the public.

2.

The structure lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or the public.

3.

The structure, because of its general condition or location, is unsanitary or otherwise dangerous to the health or safety of the occupants or the public.

4.

Any mobile home proscribed as unfit for human habitation and so designated and placarded shall be vacated within a reasonable time, not to exceed 60 days, as ordered by the city inspector.

5.

No dwelling or dwelling unit which has been proscribed and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from and such placard is removed by the city inspector.

6.

Any owner of a mobile home declared unfit for human habitation shall be given written notice of same and shall have a period of 60 days to bring said mobile home into compliance with the minimum housing standards and, in the event they fail to do so, said mobile home shall be removed from the premises.

7.

If said owner does not intended to reside in said mobile home, he shall have the alternative of making application for special use permit to request another use of the mobile home on the location, other than as a dwelling. This request for special use permit shall be made within 60 days of the written notice and, in the event of a request for special use permit, said mobile home shall be allowed to remain where it is situated until the completion and determination of the special use permit request.

8.

If the owner of said mobile home fails to bring said mobile home into compliance within the required period, or fails to remove said mobile home, the city shall have the right to go upon the property upon which said mobile home is situated and remove, or cause to be removed, said mobile home and the cost and expense of said removal shall be charged to the owner of said mobile home. In the event the city is required to obtain the services of the city attorney, or in the event any legal suit is required in connection with the removal of said mobile home, the owner of said mobile home shall be responsible for reasonable legal fees and costs incurred in connection with the enforcement of this ordinance. Any cost and expense incurred by city in the storing of said mobile home shall also be chargeable to, and the responsibility of, the owner of said mobile home. Any such expenses so incurred by the city shall become a lien upon any real estate owned by said mobile home owner, if said expenses are not paid by the owner within a period of ten days after being provided with a statement of such expenses, upon the filing of such notice in the county recorder's office.

(Ord. No. 526, § 1, 9-5-89)