The division of the city into zoning districts is based upon the principle that similar conditions prevail throughout a particular district. Some uses of land, for one or more of the following reasons, cannot normally appear as uses permitted outright in various zoning districts:

(1)

May involve a great area of land;

(2)

May be of a temporary or seasonal nature;

(3)

May be of a character that will affect the development of the community as a whole;

(4)

May have an unusual impact on adjoining uses.

(Ord. No. 1874, § 26A, 6-13-1983; Ord. No. 2541, § 1 (26), 5-10-1999; Ord. of 12-14-2009, § 1 (26); Ord. No. 3437, § 3, 7-26-2010)

Right to the following special uses shall not exist as a matter of right, but only upon issue of a special use permit by the city council and after public hearing and recommendation of the planning commission, as an exception to the general provisions of this chapter.

(Ord. No. 1874, § 26B, 6-13-1983; Ord. No. 2541, § 1 (26), 5-10-1999; Ord. of 12-14-2009, § 1 (26); Ord. No. 3437, § 3, 7-26-2010)

The table below lists the special uses to be considered and zoning districts in which they shall be permitted:

(Ord. No. 1874, § 26C, 6-13-1983; Ord. No. 2541, § 1 (26), 5-10-1999; Ord. of 12-14-2009, § 1 (26); Ord. No. 3437, § 3, 7-26-2010)

(a)

Application for a special use permit may be by any party having a right to the use of the land.

(b)

Such application shall contain the following information:

(1)

Names of owners of the land.

(2)

Names of applicants for the special use permit if other than the owners;

(3)

Accurate legal description of land for which such use is sought;

(4)

A plan, drawn to a reasonable scale, showing topography, location of buildings, structures, and signs, roads and parking areas, and any other operations contemplated as a function of such use;

(5)

Names and addresses of all owners of land within 185 feet of land adjoining that for which such permit is sought;

(6)

Any other information which may be deemed necessary by the planning commission for its review.

(c)

The fee for a special use permit shall be as determined by city council.

(Ord. No. 1874, § 26D, 6-13-1983; Ord. No. 2541, § 1 (26), 5-10-1999; Ord. of 12-14-2009, § 1 (26); Ord. No. 3437, § 3, 7-26-2010)

The recommendation of the planning commission upon hearing such application, need not be limited to approval or disapproval of the application as filed, but may be conditional according to its terms, and shall include by reference to the application the following:

(1)

Identification of owners of property for which such use is sought.

(2)

Accurate legal description of the land for which such use is sought.

(3)

Specific and detailed description of the special use to the extent recommended.

(4)

Statement of any recommended conditions or requirements to be met or complied with in the event the special use permit is granted.

(5)

Statement of recommended term of use if applicable in the public interest.

(Ord. No. 1874, § 26E, 6-13-1983; Ord. No. 2541, § 1 (26), 5-10-1999; Ord. of 12-14-2009, § 1 (26); Ord. No. 3437, § 3, 7-26-2010)

The action by the city council, after receiving the recommendation of the planning commission, shall be by ordinance and shall constitute an amendment to the city zoning regulations.

(Ord. No. 1874, § 26F, 6-13-1983; Ord. No. 2541, § 1 (26), 5-10-1999; Ord. of 12-14-2009, § 1 (26); Ord. No. 3437, § 3, 7-26-2010)

(a)

If there is violation of or noncompliance with any of the stated conditions of such special use permit during the term thereof, the same shall be subject to revocation by the city council after public hearing after notice to the owner and occupant of the land which is subject of the use, and by notice to the general public. Upon such revocation, such permit shall thereafter be void and of no effect.

(b)

Such special use permit shall be transferable, provided that the names of the new owners or operators be submitted to the city council.

(c)

If such special use permit shall be for a limited or stated term of use, the same may be extended by action of the city council, after public hearing and recommendation by planning commission.

(Ord. No. 1874, § 26G, 6-13-1983; Ord. No. 2541, § 1 (26), 5-10-1999; Ord. of 12-14-2009, § 1 (26); Ord. No. 3437, § 3, 7-26-2010)

(a)

Mine stabilization shall be restricted to use of Class C fly ash only.

(b)

The applicant shall provide a plan of reclamation for the area to be stabilized which includes future uses of such areas, the anticipated time schedule for such reclamation and the feasibility of reclamation.

(c)

The applicant shall pay an impact fee that is commensurate to the expected impact such use will have on the community, upon municipal services, upon surrounding property, upon economic development in the area, upon the health, welfare and safety of the community.

(d)

The applicant shall provide for such periodic ground water monitoring or such other environmental testing as is deemed necessary by the city council to protect the health, safety and welfare of the citizens of the community, and the environment.

(e)

The applicant shall pay an annual regulatory fee to be determined by the city council commensurate to the cost to the city of regulating such use, including, but not limited to, independent testing, the reasonable value of the services of city employees involved in the regulatory process, and of consultants retained to assist the city in monitoring the proposed use.

(f)

The provisions of the city's solid waste management plan, including guidelines for future landfills, shall apply to the application.

(Ord. No. 1874, § 26H, 6-13-1983; Ord. No. 2541, § 1 (26), 5-10-1999; Ord. of 12-14-2009, § 1 (26); Ord. No. 3437, § 3, 7-26-2010)