(a) Authority. The development and execution of this Zoning Code is based on the division of the City into zoning districts within which districts the use of buildings, structures and land, and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses which, because of their unique characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon adjacent land and of the public need for the particular use in the particular location. The City Council, after receiving a report from the Zoning Board of Appeals containing its findings and recommendations, may grant a special use permit as to certain specified uses designated as special uses within a particular zoning district or districts.
(b) Standards for Granting Special Use Permits. The Zoning Board of Appeals shall not recommend nor the City Council grant a special use permit in a particular zoning district or districts unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The establishment, maintenance or operation of the special use will not be detrimental to, or endanger the public health, safety and general welfare;
(2) The special use will not be injurious to the use and enjoyment of other property in the immediate area for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood; and
(3) The establishment of the special use will not impede the normal and orderly development and improvement of the adjacent property for uses permitted in the district.
(c) Conditions and Guarantees. Prior to the granting of any special use, the Zoning Board of Appeals may recommend, and the City Council shall stipulate, such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as are deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified herein. In all cases in which a special use is granted, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.
(1977 Code §73-1303; Ord. 86-7. Passed 2-3-86; Ord. 2010-53. Passed 12-20-10; Ord. 2018-46. Passed 9-4-18.)