§ 14.10. Special uses.

1.

Purpose. The development and execution of the zoning ordinance is based upon the division of the City into districts, within any one [of] which the use of land and buildings and the bulk and location of buildings or structures, as related to the land, are essentially uniform. It is recognized, however, that there are special uses which, because of their unique character, cannot be properly classified in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring lands and upon the public need for the particular use or the particular location. Such special uses fall into two categories:

a.

Uses operated by a public agency or publicly-regulated utilities, or uses traditionally affected with a public interest.

b.

Uses entirely private in character, but of such a nature that the operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

2.

Authority. Special uses shall be authorized or denied by the City Council in accordance with the provisions of this ordinance applicable to amendments of this ordinance and the regulations and conditions set forth in this ordinance for special uses.

No application for a special use shall be acted upon by the City Council until after:

a.

A written report is prepared and forwarded to the City Council by the Planning and Zoning Board in a manner prescribed herein for amendments to this ordinance; and

b.

A public hearing has been held by the Planning and Zoning Board, after due notice by publication as prescribed herein, for amendments, and the findings and recommendations of the Planning and Zoning Board have been reported to the City Council.

3.

Initiation. An application for a special use may be made by any person, firm or corporation, or by any office, department, board, bureau or commission requesting or intending to request a building permit or occupancy certificate.

4.

Processing. An application for a special use, in such form and accompanied by such information as shall be established from time to time by the Planning and Zoning Board, shall be filed with the City Clerk and thereafter processed in the manner prescribed heretofore for applications for amendments.

5.

Decisions. The City Council upon report of the Planning and Zoning Board and without further hearing, may authorize by a special use ordinance, or deny an application for a special use in accordance with the provisions of this ordinance applicable to amendments, or may refer it back to the Planning and Zoning Board for further consideration.

No special use shall be authorized by the City Council unless the special use:

a.

Is deemed necessary for the public convenience at that location;

b.

Is so designed, located, and proposed to be operated that the public health, safety and welfare will be reasonably protected; and

c.

Would not cause substantial injury to the value of other property in the neighborhood in which it is located.

6.

Conditions. The Planning and Zoning Board may recommend, and the City Council may provide, such conditions and restrictions upon the construction, location and operation of a special use, including, but not limited to, provisions for off-street parking and loading as may be deemed necessary to promote the general objectives of this ordinance and to minimize the injury to the value of the property in the neighborhood.

7.

Cluster Subdivision. In any single-family cluster subdivision, the Planning and Zoning Board may recommend and the City Council may authorize the following exceptions to the regulations of the district in which the cluster subdivision is permitted as a special use:

a.

A reduction of lot area by not more than 20 percent and in no case shall the lot area be less than 5,000 square feet;

b.

A reduction of the lot width to:

70;ft; in the E-1 District.

60;ft; in the R-1-A District.

50;ft; in the R-1 District.

50;ft; in the R-2 District.

c.

An increase in the floor area ratio to:

.3 in the E-1 District.

.4 in the R-1-A District.

.5 in the R-1 District.

.55 in the R-2 District.

8.

[Period of Effect of Special Use Ordinance.] All Special Uses of property authorized by the City Council shall be valid and effective for only one year from the date of the Special Use Ordinance unless substantial action has been taken within that year to establish a use of the property authorized by the Special Use Ordinance.

(Ord. No. 69, 1-5-76; Ord. No. 2000-O-030, § 3, 9-18-00)