The plan commission, if established by the common council, or if no such commission is established, the city plan committee of the common council, shall have the authority to hear and decide special exceptions, and to make recommendations to the city council concerning amendments to the zoning ordinance, as well as all other statutory and delegated duties.

The plan commission in exercising its authority and in making its recommendations in accordance with the ordinance, shall interpret the ordinance in order to accomplish the following purposes: to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote and to protect the public health, safety, comfort convenience, and general welfare; to provide adequate standards of light, air, and open space; to prevent the overcrowding of land; to avoid under concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and to foster a more rational pattern of relationship between residential, business, commercial and manufacturing uses for the mutual benefit of all.

(a)

Unless otherwise specified in this chapter, the plan commission shall have the power to approve special exceptions for any of the uses for which this chapter requires obtaining of such exceptions.

(b)

A written application for a special exception shall be submitted indicating the section under this chapter which the special exception is sought and stating the grounds on which it is requested. Applications are subject to the fee requirements of section 78-234(b).

(c)

In granting a special exception, the plan commission shall make findings of fact consistent with the provisions of this chapter. The plan commission shall not grant a special exception except in conformance with the conditions and standards outlined in this chapter.

(d)

Public hearings shall be held in accordance with section 78-236.

(e)

In addition to the requirements and conditions specified in this chapter, the plan commission may impose additional conditions as deemed necessary to ensure the proposed use will secure the objectives of this chapter.

(f)

No special exception use shall be recommended by the plan commission unless such commission shall find:

(1)

That the establishment, maintenance, or operation of the special exception use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare;

(2)

That the special exception use will not be injurious to the use and enjoyment of other property in the orderly development and improvement in the immediate vicinity for the purposes already permitted, not substantially diminish and impair property values within the neighborhood;

(3)

That adequate facilities, access road, drainage and/or necessary facilities have been or are being provided;

(4)

That adequate measures have been or will be taken to provide ingress and egress so designed to minimize traffic congestion in the public streets; and

(5)

That the special exception use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the council pursuant to the recommendations of the plan commission.

The plan commission shall make recommendations to the city council concerning amendments to the city's zoning ordinance in accordance with article X.