The principal objective of these standards for land use control is to provide for an orderly arrangement of compatible buildings 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 1 or more of the various districts established herein. 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 the “special uses” are established by the following provisions of this section.

(1992 Code, § 155.125) (Ord. passed 5- -1969)

   The City Council 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 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.

   (A)   Airport, landing field or landing strip, in any use district subject to the Federal Aviation Agency certifying that a new or reoriented runway will not interfere with the flight pattern of any established airport, landing field or landing strip.

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

   (C)   Auditorium, stadium, arena, armory, gymnasium and other similar places for public events, in any business or manufacturing district.

   (D)   Beauty parlors.

   (E)   Bus terminal, railroad passenger station, freight terminal, or any other public transportation terminal facilities, in any use district.

   (F)   Clinic or medical center, in any use district other than a manufacturing district.

   (G)   Cemeteries, crematories or mausoleums, in any use district.

   (H)   Daycare center, in any B-1, B-2 or Agricultural District.

   (I)   Extraction of gravel, sand or other raw materials, materials, in agricultural or manufacturing districts.

   (J)   Golf courses, public or private, in any use district.

   (K)   Hospitals or sanitariums, public or private, in any use district other than a manufacturing district.

   (L)   Institutions for the care of the insane or feeble-minded, public or private, in any use district other than a manufacturing district.

   (M)   Mini warehouses for storage purposes only, in any B-1 District, provided there is a need for such a facility and further provided that storage of flammable, explosive, corrosive and toxic materials, mechanical work on or spraying or painting of any property is prohibited.

   (N)   Motels.

   (O)   Municipal or privately-owned recreation building or community center, in any use district.

   (P)   Nursery school or day nursery, in any residential or business district.

   (Q)   Off-street parking areas and garages, in any residential district, provided there is a need for this facility and that no appropriate site is available in nearby business or manufacturing districts, and provided that an adequate method of screening is provided.

   (R)   Penal or correctional institutions, in any use district.

   (S)   Police station or fire station, in any use district.

   (T)   Public buildings, including art gallery, post office, library, museum, or similar structures, in any residential or business district.

   (U)   Public or private park or playground, in any use district.

   (V)   Public or privately owned and operated fair grounds, permanent carnivals, “kiddie parks,” or other similar amusement centers, in any B-2 or Manufacturing District.

   (W)   Public utility facilities, such as, filtration plant, water reservoir or pumping stations heat or power plant, transformer station and other similar facilities, in any use district other than the B-2 or Manufacturing Districts, where the facilities are permitted uses.

   (X)   Radio and television transmitting or antenna towers (commercial) and other electronic equipment requiring outdoor structures and including antenna towers used for sending private messages, provided however that this division shall not apply to cell phone towers which are specifically provided for in division (X-1) of this section, nor to private receiving aerials or antennas.

   (X-1)   Cellular telephone or message towers. In any business or manufacturing district, provided that the location of such tower is not located within 2,500 feet of any property in the city zoned R-1 or R-2, and provided that there are not adequate cell phone tower facilities otherwise available for such purposes, and provided that such tower use includes adequate, acceptable provisions for a "fall zone."

   (Y)   Railroad right-of-way, in any use district.

   (Z)   Rest homes and nursing homes, in any R-2 or Business District, provided that when located in a business district, the 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.

   (AA)   Schools, elementary, high and college, public or private, in any residential district, but not including trade or commercial schools operated for profit.

   (BB)   Telephone exchange, antenna towers and other outdoor equipment essential to the operation of the exchange, in any R-2 District in addition to the business or manufacturing districts where the facilities are permissive uses.

   (CC)   Trailer and/or mobile homes, in any R-2 District.

   (DD)   Small engine repair shops.

   (EE)   Dwelling units, located on the ground floor.

   (FF)   Massage therapy businesses.

   (GG)   Wind energy conversion systems subject to compliance with Chapter 157.

(1992 Code, § 155.126) (Ord. passed 5- -1969; Am. Ord., passed 6-24-1991; Am. Ord. 112497B, passed 11-24-1997; Am. Ord. 010801A, passed 1-8-2001; Am. Ord. 2006-MC06, passed 8-14- 2006; Am. Ord. 2011-MC07, passed 8-8-2011; Am. Ord. 2021-MC02, passed 2-8-2021)

   The Plan Commission may recommend, and the City Council may impose the 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 the restrictions and stipulations shall not be more restrictive than the requirements established for the district in which the 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.

(1992 Code, § 155.127) (Ord. passed 5- -1969)

   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 filled out and filed with the City Clerk along with a fee of $100, for the attention of the Plan Commission, upon a form prescribed therefor, which shall contain or be accompanied by all required information for special use.

   (B)   Public hearing. Upon receipt of the verified application, the City Clerk shall notify the Chairperson of the Commission, or in his or her absence, the Vice-Chairperson, who shall give notice of a public hearing in the same manner as provided for hearings on the reclassification of property, as contained in §§ 155.185 through 155.188. A record of pertinent information presented at the public hearing shall be made and maintained by the Commission as part of the permanent record relative to the application.

   (C)   Determination. The Commission shall then make its findings and recommendations to the City Council within 30 days following the date of public hearing on each application. The City Council may then authorize a special use as defined herein, provided the evidence that is presented is such as to establish beyond a reasonable doubt.

      (1)   That 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)   That the 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 improvements in the vicinity; and

      (3)   That the proposed use will comply with the regulations and conditions specified in these standards for the use and with the stipulations and conditions made a part of the authorization granted by the City Council.

(1992 Code, § 155.128) (Ord. passed 5- -1969; Am. Ord. 051401H, passed 5-14-2001; Am. Ord. 2007-MC02, passed 1-22-2007)