The city council may authorize by special permit after public hearing, by both the planning commission and city council, any of the uses specifically identified in the ordinance as permitted special uses in the designated zoning districts.

(Ord. No. 1574, § 1, 7-14-1988)

(1)

Prior to review of the request for a special permit, by the planning commission, the applicant shall:

(a)

File an application on forms provided.

(b)

File with the application a statement certifying that the applicant is the lawful owner of the real estate upon which the special permitted use is proposed or that he has the lawful right to receive a conveyance thereof if the application is granted.

(c)

File a form of declaration of restrictions indicating use which is to be made by the legal owner if the application is granted. Said restriction must show that use of the land will be solely that which was applied for as a special permitted use. The restrictions must provide that, if such use is abandoned or is proposed to be changed, the subsequent use shall be in conformity with the zoning restrictions in effect as to the land prior to authorization of the special permitted use, unless a new application for a special use permit is made and granted.

(2)

A plot plan shall be filed with the application showing:

(a)

Legal dimension of the tract to be used.

(b)

Location of all proposed improvements including curb-cut access, off-street parking and other such facilities as the applicant proposes to install.

(c)

Grade elevations.

(d)

Building setback from all property lines.

(e)

Front, side and rear elevations of all improvements to be erected.

(f)

Perspective drawings of the proposed improvements, in such detail as will clearly show the finished appearance of the improvements proposed.

(g)

Location and type of planting, screening or walls.

(h)

Such other items as shall be deemed reasonably necessary to properly process the application.

(3)

Upon receipt of such application, the building official shall forward the application to the planning commission for its recommendation. Upon hearing, the planning commission shall forward its recommendation to the city council, as soon as is practicable. Upon hearing, the city council may allow or deny the application in whole or in part, or prescribe conditions for such use of the property. No special use permit shall become effective until after separate public hearings are held by both the planning commission and the city council in relation thereto, at which time parties in interest and citizens shall have an opportunity to be heard. Notice of the purpose, time, and place of such hearing shall be given by publication thereof in a paper of general circulation at least ten (10) days prior to such hearing. (Ref. 19-904 R.S. Neb.)

(4)

In addition to the publication of the notice herein prescribed, a notice of the purpose, time, and place of the hearing shall be posted in a conspicuous place on or near the property on which such action is pending. The notice shall be placed at least ten (10) days prior to the date of each hearing.

(5)

In considering any application for special use permit hereunder, the planning commission and city council shall give consideration to the comprehensive plan, and the health, safety, morals, comfort and general welfare of the inhabitants of the city and the planning area, including but not limited to the following factors:

(a)

The stability and integrity of the various zoning districts.

(b)

Conservation of property values.

(c)

Protection against fire and casualties.

(d)

Observation of general police regulations.

(e)

Prevention of traffic congestion.

(f)

Promotion of traffic safety and the orderly parking of motor vehicles.

(g)

Promotion of the safety of individuals and property.

(h)

Provisions for adequate light and air.

(i)

Prevention of overcrowding and excessive intensity of land uses.

(j)

Provision for public utilities and schools.

(k)

Be compatible with and similar to the use(s) permitted in the district.

(l)

Value, type and character of existing or authorized improvements and land uses.

(m)

Encouragement of improvements and land uses in keeping with overall planning.

(n)

Provision for orderly and proper urban renewal, development and growth.

(6)

Special use permits may be authorized and granted by the city council only in those zones and for those uses which are specifically authorized by the individual district regulations.

(Ord. No. 1574, § 1, 7-14-1988)

(1)

Special use permits for automobile wrecking yards, junkyards and scrap processing yards shall be subject to the following:

(a)

Located on a tract of land at least three hundred (300) feet from a residential district zone.

(b)

The operation shall be conducted wholly within a noncombustible building or within an area completely surrounded on all sides by a fence, wall or hedge. The fence, wall or hedge shall be of uniform height (at least eight (8) feet high) and uniform texture and color shall be so maintained by the proprietor as to ensure maximum safety to the public and preserve the general welfare of the neighborhood. The fence, wall or hedge shall be installed in such a manner as to retain all scrap, junk or other material within the yard.

(c)

No junk shall be loaded, unloaded or otherwise placed, either temporarily or permanently, outside the enclosed building, hedge, fence or wall, or within the public right-of-way.

(d)

Burning of paper, trash, junk or other waste materials shall be permitted only after approval of the fire department. Said burning, when permitted, shall be done during daylight hours only.

(e)

Any other requirement deemed appropriate and necessary by the city council for the protection of the general health and welfare.

(f)

Special use permits granted under this section shall be subject to annual review and renewal by the city council.

(2)

In making any decision granting a special use permit, the city council shall impose such restrictions, terms, time limitations, landscaping, improvement of off-street parking lots, and other appropriate safeguards as required to protect adjoining property.

(3)

In lieu of actual construction of an approved off-street parking lot, the city council may accept, in the name of the city a corporate surety bond, cashier's check, escrow account or other like security in an amount to be fixed by the city and conditioned upon actual completion of such improvement, within a specified time, and the governing body may enforce such bond by all equitable means. Bonds or other security shall be filed with the city clerk.

(Ord. No. 1427, § 2, 7-23-1981; Ord. No. 1574, § 1, 7-14-1988)

In case of protest against such special use permit, signed by the owners of twenty (20) per cent or more of the area of lots located within three hundred (300) feet of the outer limits of said area to which the applicant desires a special use permit, such special use permit shall not become effective except by the favorable vote of three-fourths of all members of the city council.

(Ord. No. 1574, § 1, 7-14-1988)