Certain types of land uses are classified as special uses and may be permitted in designated districts when specifically authorized by this section after recommendation of the planning and zoning commission and approval by the city council. Such special use may be granted in order that the city may develop in accordance with the intent and purpose of this chapter, that land may be fully utilized for a lawful purpose, and that substantial justice may be done.

(1)

Criteria for granting of special use. In reaching a decision on any application for a special use, the city council shall determine:

a.

That the requested special use will establish only those uses permitted under this chapter;

b.

That the location of proposed activities and improvements are clearly defined on a site plan filed by the application;

c.

That the exception will be wholly compatible with the use and permitted development of adjacent properties either as filed or subject to such requirements as the council may find necessary to protect and maintain the stability of adjacent properties.

(2)

Authorized special uses. The following uses may be allowed as special uses in the districts specified, subject to full and complete compliance with all conditions herein provided, together with such other conditions as the council may impose. Districts are listed in the order of most restrictive to least restrictive, reading from left to right as listed in section 111-31.

AUTHORIZED SPECIAL USES

(3)

Requirements for written record.

a.

The notice of public hearing for a request for a special use permit to install wireless telecommunications facilities pursuant to section 111-216, may include a statement that the applicant, the city staff and interested members of the public may submit written comments to the council regarding the remarks they intend to make to the city council at the public hearing.

b.

A decision of the city council to deny a request for permission to install a wireless telecommunications facility shall be in writing and shall be based on evidence in a written record before the city council.

(4)

Application for special use. Upon receipt of an application for a special use by the planning and zoning commission, it shall be referred to the city manager or his authorized representative for investigation as to the manner in which the proposed location and character of the special use will affect the master plan of the city. The city manager shall report the results of its study of said application to the planning and zoning commission for public hearing, review and recommendations. Thereafter the city council may, after public notice and hearing, according to law, grant the permit including the imposition of conditions of use which the council may deem essential to ensure that the special use is consistent with the spirit, purpose and intent of this chapter, will not substantially and permanently injure the appropriate use of neighboring property, and will substantially serve the public convenience and welfare.

(5)

Fees. The application fee shall be as prescribed by the most recently adopted city fee schedule. See chapter 20.

(Code 2004, ch. 14, § 49; Code 2008, § 54-331; Ord. No. 871-87, 4-28-1987; Ord. No. 915-88, 10-25-1988; Ord. No. 925-89, 5-9-1989; Ord. No. 970-91, 5-14-1991; Ord. No. 1011-93, 3-23-1993; Ord. No. 1041-94, 4-26-1994; Ord. No. 1081-96, 11-11-1996; Ord. No. 2021-11-025, § 3, 11-2-2021)

Certain temporary uses of land are essential to the full development and utilization of the land for its lawful purpose. The temporary uses hereinafter enumerated shall not be deemed violations of this chapter when made under the conditions herein provided.

(1)

Permitted uses. The permissible temporary uses, the conditions of use and the zoning districts wherein the same shall be permitted are:

PERMITTED TEMPORARY USES

(2)

Fees. Application fee shall be as prescribed by the most recently adopted city fee schedule. See chapter 20.

(Code 2004, ch. 14, § 50; Code 2008, § 54-332)

The following shall be authorized special exceptions:

(1)

Attached carports. Attached carports in required yards in "R-7," "R-6," "R-5" and "R-D."

a.

The city manager or his designated representative shall determine that the proposed attached carport is compatible with the existing home and other homes in the neighborhood.

b.

The city manager or his designated representative shall determine that the proposed encroachments are the minimum allowed in order to construct the proposed carport. Finished carport area shall not exceed 20 feet in width by 25 feet in length.

c.

The city manager or his designated representative shall determine that the proposed carport will not drain water onto adjacent property and that adequate separation from existing structures is maintained for fire protection.

d.

The city manager or his designated representative will determine whether there are substantial objections to the construction of the carport by property owners in the notification area. The staff will mail notice of the proposed carport to every property owner within the notification area.

e.

Carports allowed as special exceptions shall be used only to park motor vehicles, boats, recreational vehicles, and trailers. The carport shall remain open on three sides and shall not be allowed to be enclosed. No storage is allowed under the carport.

f.

In the event a property owner within the notification area of the proposed special exception objects to the request, the person opposing must submit a petition with signatures of 35 percent of the property owners within the notification area showing their disapproval. The petition must be returned within 14 days from the date of a notification letter, and the notification must inform each property owner of the procedure and time limits for protest. Upon verification of signatures, and that a minimum of 35 percent of the property owners do object to the carport, a public hearing will be scheduled. The staff will mail notice of the public hearing and meeting of the board to every property owner within the notification area at least ten days prior to the meeting date. Notice of the hearing will also be published in the newspaper of record at least ten days prior to the meeting. The concurring vote of 75 percent of the members of the board will be required to grant the special exception.

g.

The staff shall mail notice of the public hearing and meeting of the board to every property owner within the notification area at least ten days prior to the meeting date. Notice of the meeting shall also be published in the newspaper of record at least ten days prior to the meeting.

h.

The staff shall mail notice of the public hearing and meeting of the board to every property owner within the notification area at least ten days prior to the meeting date. Notice of the meeting shall also be published in the newspaper of record at least ten days prior to the meeting. The notification area shall include those properties within 200 feet of the property for which a special exception is requested on the same side of the street and across the street therefrom.

i.

If less than 35 percent of the property owners within the notification area object to the application for a special exception for erection of a carport, then the request shall be deemed to be granted without need of a public hearing by the board. The city manager or his designated representative shall issue to the applicant appropriate documentation showing the grant of the special exception. Such documentation and grant may contain restrictions, use limitations, building requirements and other matters determined to be appropriate and/or necessary to meet the terms of this section.

(2)

Antenna facilities.

a.

In considering whether to grant a special exception from the regulations specified in section 111-216, the board of adjustments and appeals shall consider the following:

1.

The effect on the value of the surrounding property.

2.

The potential for interference with the enjoyment of the use of surrounding properties.

3.

Aesthetics.

4.

The necessity of the special exception for the public health, safety and welfare of the citizens or for governmental purposes.

5.

The zoning district and the adjoining zoning districts of the property for which the special exception is sought.

6.

The provisions of 47 CFR 25.104 which preempt local zoning or other regulations that differentiate between satellite receive-only antennas and other types of antenna facilities unless such regulations:

(i)

Have a clearly defined health, safety or aesthetic objective; and

(ii)

Furthers the stated health, safety or aesthetic objective without unnecessarily burdening the federal interest in ensuring access to satellite services and in promoting fair and effective competition among competing communications service providers.

7.

The unique conditions that govern reasonable reception on any given lot.

b.

To properly evaluate all applications to locate antennas or towers which do not comply with the regulations specified hereinabove, the applicant must:

1.

Describe the nature of the antenna site. Indicate whether the proposed structure is a monopole or mounted to a self-supporting structure. Indicate the proposed height.

2.

Provide photos or drawings of all equipment, structures and antennas.

3.

Describe why the antenna or tower is necessary.

4.

State the name of the telecommunications providers or other users of the antenna or tower and describe the use to be made by each user.

5.

Indicate if this antenna or tower site is connected to other sites; and if so, describe how it will be connected and who will be the back haul provider.

6.

Address whether or not they have made an effort to collocate the facilities proposed for this antenna or tower on existing towers or facilities in the same general area. Identify the location of these existing sites. If yes, describe in detail these efforts and explain in detail why these existing sites were not feasible. Attach all studies or tests performed which demonstrate why the existing sites will not provide sufficient signal coverage. Provide written documentation from existing sites' owners and/or operators that confirm the statements provided. Indicate whether or not the existing sites allow/promote collocation and, if not, describe why not.

7.

Indicate whether or not collocation will be allowed to other telecommunications providers at the requested site. If they are not allowed, state every reason and the basis for each reason.

8.

If the requested location is in a residential district, address whether or not they have made an effort to locate the facility in a commercial or industrial district. Identify the location of these commercial and or industrial district sites. Describe in detail these efforts and explain in detail why these commercial or industrial district sites were not feasible. Attach all studies or tests performed which demonstrate why the commercial or industrial sites will not provide sufficient signal coverage. Provide written documentation from the commercial or industrial district sites' owners and/or operators which confirm the statements provided.

9.

Indicate the proposed provider's current coverage area for the city. Attach maps showing the areas the proposed providers existing antenna currently cover, the areas the applicant's existing sites and other existing sites would cover, and the areas the applicant's existing sites and the requested site would cover.

10.

Describe the applicant's master antenna and tower plan for the city. Attach maps and other related documentation. Provide information indicating each phase of the plan.

11.

Describe the applicant's plan to minimize the number of telecommunications antenna and towers needed to cover the city.

(3)

Short-term rentals. Short-term rentals may obtain a special exception to operate in excess of the density limitation in single-family residential zoning districts.

a.

In considering whether to grant a special exception from the density regulations specified in chapter 10, article XI of the Code, the board of adjustments and appeals shall consider the following:

1.

The zoning district and the adjoining zoning districts of the property for which the special exception is sought;

2.

Whether operation as a short-term rental will negatively affect the public health, safety, or welfare;

3.

Whether operation as a short-term rental in excess of the density limitation will not adversely impact the residential quality of the neighborhood in which the property is located;

4.

Whether such operation is likely to disrupt adjacent owners' right to the quiet enjoyment of their property (for example, by considering whether lot sizes are small enough that noise is likely to affect neighboring property owners);

5.

Whether such operation will substantially impact nearby streets, including whether the property provides only limited off-street parking;

6.

Whether the applicant seeks to operate an entire residence as a short-term rental or whether the short-term rental use is limited to a portion of the residence;

7.

Whether the applicant occupies the premises as their primary residence or uses it as an investment property; and

8.

Whether other short-term rentals in excess of the density limitation are already operating on that block.

b.

An application for a special exception pursuant to this section must comply with all application requirements contained in chapter 10, article XI of this Code.

(Code 2004, ch. 14, § 51; Code 2008, § 54-333; Ord. No. 2171-01, 7-24-2001; Ord. No. 2210-02, 10-8-2002; Ord. No. 2023-06-007-08, § 6, 6-6-2023)