§ 170.06   SEPCIAL EXCEPTIONS
   (A)   Intent. Within the various districts established by this Article, certain uses may be permitted, and buildings and premises be used, and buildings may be erected which are arranged, intended, or designated for the following uses within the District, but only after the Board of Zoning Appeals shall determine through public hearing, after proper public notice as provided for in this Chapter, that such uses will substantially serve the public convenience, health, and welfare and will not be injurious to the appropriate use of neighboring property. In permitting such Special Exceptions, the Board may establish appropriate conditions and safeguards as part of such permission.
   A Special Exception may be approved in zones as specified in this Section 170.06. The use approved shall be subject to any regulations or requirements imposed as a part of the Special Exception, in addition or in place of the other regulations or requirements of this Chapter. The provisions of a Special Exception shall replace and supersede the provisions of the base zone, effective upon either construction of any facilities approved as a part of the Special Exception or upon beginning of operation of the use or uses specified, whichever occurs first. The provisions shall remain in effect until such time as the Special Exception use ceases to operate. Immediately prior to change of use of the structures of facilities used for the Special Exception, the provisions of the Special Exception shall become invalid and the regulations and requirements of the base zone shall again be in effect.
   Any significant changes (as determined by the Commission) in the use of Special Exception or any construction of new facilities or structures, or major additions to existing facilities or structures (as determined by the Commission) shall be subject to approval by both the Commission and Board of Zoning Appeals, using the same procedure as was used for the original approval.
   The Board of Zoning Appeal shall take into consideration at a minimum, the following points when making the decision to issue a special exception permit:
      1.   The establishment, maintenance, or operation of the Special Exception will not be detrimental to or endanger the public health, safety, or general welfare.
      2.   The Special Exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property value within the neighborhood;
      3.   The establishment of the Special Exception will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the District.
      4.   Adequate utilities, access roads, drainage, and other necessary facilities have been or are being provided;
      5.   Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets.
   (B)   Uses Permitted (by special exception). The following uses shall require approval as a Special Exception. They shall be subject to the specific conditions imposed and approved by the Board of Zoning Appeals.
 
Special Exception
District(s) in which Use May be Permitted
Airport
Amusement Park
Auction Arenas
Building material supply yard
Bulk storage
Cemetery
Church
Confined feeding operation
Farm implement sales and service
Game preserves
Grain elevators and related uses
Green house/Nurseries
Golf course/country club
Home occupations
Hospital
Junk yard, paper or scrap metal storage
Kennels
Mining Operation (i.e. sand or gravel pit)
Mobile home park
Mobile home subdivision
Mobile Home
Nursery school
Nursing home
Off premise advertising
Outdoor Recreation Commercial Enterprise
Outdoor theatre
Park or recreational facilities
Police or fire station/ governmental buildings
Private recreational development (i.e. picnic grounds, fraternal organizations, etc.)
Produce stands, seasonal
Produce stand, year round
Public transportation terminal
Public utility stations
Raising and breeding of non-farm animals or fowl
Recreation vehicle park
Riding stable
Schools- public or private
Seed processing, chemical processing, warehousing
Sewage treatment facilities
Stock yards
Transmission towers (radio, TV, etc.)
Veterinary hospital or clinic
A-1, I-1
A-1, B-2, I-1
A-1
A-1, I-1
A-1, I-1
All
All
A-1
A-1, B-2
A-1
A-1, I-1, B-1, B-2
All except R-1, R-2
All, FP
All
All
I-1
A-1, I-1
A-1
RMH
RMH
RMH
All except I-1
All except I-1
B-1, B-2, I-1, FP
A-1, B-2
A-1, B-2
All, FP
All
A-1, B-2
A-1, B-1, B-2
A-1, B-1, B-2, I-1
B-1, B-2, I-1
A-1, B-1, B-2
A-1
A-1,B-2
A-1
All
I-1
I-1
I-1
A-1, B-1, B-2, I-1
A-1, B-1, B-2
*All uses are prohibited in (FP) Flood Plain District unless specifically listed.
   Uses under special exception use (conditional use) provisions are not non-conforming uses. Any use which is permitted as a special exception use (conditional use) in a District under the terms of this Chapter shall not be deemed a non-conforming use in such District but shall without further action be considered a conforming use.
   (C)   Height, Yard and Area Exceptions
      1.   Height
         a.   In R-Residential Districts, those structures permitted which are not residential in nature may be increased in height to sixty (60) feet when front and rear yards are increased in depth and side yards are increased in width one half (1/2) foot for each foot that the structure exceeds the height limitations established for such Districts.
         b.   In business districts, all structures permitted may be increased in height to seventy (70) feet when front and rear yards are increased in depth and side yards are increased in width one half (1/2) foot for each one (1) foot that the structure exceeds the height limitations established for the district.
         c.   In all districts, chimneys, cooling towers, elevator bulkheads, fire towers, gas tanks, grain elevators, solariums, penthouses, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers or spires, television relay, or radio towers and necessary mechanical appurtenances may be erected in excess of height limitations provided they conform with other sections of the Code of the Town of Goodland.
      2.   Yards and Areas
         a.   Every part of a required yard shall be open from its lowest point to the sky unobstructed, except for the projection of sills, belt courses, cornices, and ornamental features not to exceed four (4) inches; provided, however, that open balconies and cornices may project into a front yard not more than four (4) feet.
         b.   A front yard may include a one-story porch, unenclosed except for a railing not over three (3) feet in height, and screening.