(A) Procedural authority.
(1) The City Council, under this chapter, may authorize special uses to exist within any zoning district as described herein. Such uses may include, but are not limited to public and quasi-public uses affected with the public interest, uses which may have a unique, special or unusual impact upon the use or enjoyment of neighboring property and planned developments. A use may be a permitted use and one or more zoning districts and a special use in one or more other zoning districts. However, no special use shall be granted by the City Council except in a specific case and after a public hearing before the Board of Appeals pursuant to a notice and until the Board of Appeals’ recommendation with finding of fact has been received by the City Council.
(2) The City Council, by ordinance without further public hearings, may adopt any proposed special use or may refer it back to the Board of Appeals for further consideration. However, any proposed special use which fails to receive the approval of the Board of Appeals shall not be passed except by the favorable vote of two-thirds of all the City Council.
(B) Applications.
(1) All applications for special use to the provisions of this chapter, from the strict applications of the terms of this chapter, shall be made in writing and submitted directly to the Board of Appeals, which shall have original jurisdiction in such matters.
(2) Ruling should not be made allowing the request special use merely because it would serve as a convenience to the applicant.
(3) Before granting a special use, the Board of Appeals should find, among other facts, that the granting of the special use:
(a) 1. Is necessary for the public convenience at the location;
2. Is so designed, located and proposed to be operated, that the public health, safety and welfare will be protected.
(b) Will not cause substantial injury to the value of other property in that neighborhood in which it is to be located.
(c) Such special use shall conform to the applicable regulations of the district in which it is to be located.
(C) Public hearing. The Board shall make no recommendation except in a specific case and after a public hearing is conducted by the Board. A notice of the time and place of such hearing shall be published in a paper of general circulation in the city at least 15 days previous to the hearing. Such notice shall contain the address or location of the property for which the special use designation by the Board is sought, as well as a brief description of the nature of the appeal.
(Ord. 855, passed 10-7-86)