The development and execution of the zoning ordinance is based upon the division of the city into districts, within any one of which the use of land and buildings and bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use or the particular location. Such special uses fall into two categories:

A.

Uses operated by a public agency or publicly-regulated utilities, or uses traditionally affected with a public interest;

B.

Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(Ord. 280 § 13.10(1), 1968.)

A.

Special uses shall be authorized or denied by the city council in accordance with the provisions of this title applicable to amendments of his title and the regulations and conditions set forth in this title for special uses.

B.

No application for a special use shall be acted upon by the city council until after:

1.

A written report is prepared and forwarded to the city council by the plan commission in a manner prescribed in this title for amendments to this title; and

2.

A public hearing has been held by the plan commission, after due notice by publication as prescribed in this title, for amendments, and the findings and recommendations of the plan commission have been reported to the city council.

(Ord. 280 § 13.10(2), 1968.)

An application for a special use may be made by any person, firm or corporation, or by any office, department, board, bureau or commission requesting or intending to request a building permit or occupancy certificate.

(Ord. 280 § 13.10(3), 1968.)

An application for a special use or a subdivision, in such form and accompanied by such information as shall be established from time to time by the plan commission, shall be filed with the zoning administrator and the city clerk. The zoning administrator will forward the application to the plan commission with a request to hold a public hearing at the expense of the applicant. The application shall thereafter be processed in the manner prescribed heretofore for amendments.

(Ord. 685 § 1, 1979: Ord. 667 § 1(e), 1978: Ord. 280 § 13.10(4), 1968.)

A.

The city council, upon report of the plan commission and without further hearing, may authorize by a special use ordinance, or deny an application for a special use in accordance with the provisions of this title applicable to amendments, or may refer it back to the plan commission for further consideration.

B.

No special use shall be authorized by the city council unless the special use:

1.

Is deemed compatible with the public convenience at that location;

2.

Is so designed, located and proposed to be operated that the public health, safety and welfare will be reasonably protected; and

3.

Would not cause substantial injury to the value of other property in the neighborhood in which it is located.

(Ord. 391 § 1(M), 1972: Ord. 280 § 13.10(5), 1968.)

The plan commission may recommend, and the city council may provide, such conditions and restrictions upon the construction, location and operation of a special use, including, but not limited to, provisions for off-street parking and loading as may be deemed necessary to promote the general objectives of this ordinance and to minimize the injury to the value of the property in the neighborhood.

(Ord. 280 § 13.10(6), 1968.)