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.
(A) Criteria for granting of special use. In reaching a decision on any application for a special use, the City Council shall determine:
(1) That the requested special use will establish only those uses permitted under this chapter;
(2) That the location of proposed activities and improvements are clearly defined on a site plan filed by the application;
(3) 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.
(B) 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 § 154.010.
Special Use | District Requiring Approval |
Special Use | District Requiring Approval |
Heliport | R-1 to I-H, PD |
Ballpark, stadium, athletic field (private) | R-3 to C-N |
Cemetery, mausoleum or crematorium | All districts |
Gun club, skeet or target range | I-L to I-H, PD |
Miniature golf course | C-N |
Golf driving range, or other outdoor amusement (commercial) | C-C |
Hospital, home/center for the care of acute or chronic ill | MF-18 to C-N |
All non-profit organizations, fraternal organizations and clubs | R-1 to C-N |
Public or semi-public utility shop and storage | C-C |
Swimming pool (commercial) | C-C to I-L |
Tennis or swim club | R-1 to R-MH |
Used auto parts sales (retail) conditions: inside building no outside storage, display or dismantling | C-C |
Any of the uses provided in § 154.010 | I-H |
Any use permitted in C-N, to a floor area per use in excess of 5,000 square feet | C-N |
Canopy, portico or covered walkway in required yard: religious institutions, schools and institutional uses only | All districts |
Ambulance stations | MF-18 to I-H and PD |
New mobile home sales or pre-fab home sales | C-C |
Recycling containers | C-C to I-H |
Outdoor farmers market | C-C |
Seasonal snow cone stands | C-C |
Television, radio, microwave, telecommunication towers or facilities | I-H |
Churches, schools (public or private) | All districts |
(C) Requirements for written record.
(1) The notice of public hearing for a request for a special use permit to install wireless telecommunications facilities pursuant to § 154.049 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.
(2) 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.
(D) 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 or her 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 the 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.
(E) Fees. Application fee shall be as prescribed by the most recently adopted city fee schedule.
(Ord. O-12-743, passed 12-3-2012)