(A) Purposes: This chapter 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 buildings and uses which, because of their unique characteristics cannot be properly classified in any particular district without consideration, in each case, of the impact of those buildings and uses upon neighboring property or consideration of the public need for the particular buildings or uses at the proposed location. Such special uses fall into the following categories:
1. Buildings and uses entirely private in character but of such a nature that their construction and operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities;
2. Uses traditionally affected with a public interest or uses operated by a publicly regulated utility; and
3. Planned unit developments.
(B) Application: Applications for special use permits shall be filed with the zoning administrator and processed in the same manner as that required for amendments and discussed in section 10-17-8 of this chapter, and shall be of such form, accompanied by such information as shall be established from time to time by the planning commission.
(C) Standards: The joint planning and zoning commission shall not recommend a special use unless it is deemed necessary of the public interest or convenience at the location or, if private in character;
1. It is so designated, located, and proposed to be operated that the public health, safety and welfare will be protected; and
2. It will not cause appreciable injury to the value of other property in the neighborhood in which it is located; and
3. It will not subvert or defeat the primary purpose of the zoning ordinance, or of the zoning district or area for which it is proposed, when its effect is considered in conjunction with the cumulative effort of the number of various special uses of all types already located in the adjacent area and in the city as a whole; and
4. It is one of the special uses listed in chapters 3 through 13 of this title. In the event the special use is a planned development, the provisions of chapter 13 of this title shall also be applied.
(D) Conditions: The joint planning and zoning commission 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, signs, and accessory uses, as may be deemed necessary to promote the general objectives of this chapter and to minimize injury to the value of property in the neighborhood. (Ord. 3041, 12-3-2013)