(A) Purpose. Most types of land use covered by this chapter are grouped according to compatibility and function, and each group is permitted outright in one or more various districts established in this chapter.
(1) In addition to these permitted uses, there are other uses which it may be necessary or desirable to allow in certain districts, but because of their potential impact on adjacent land or public facilities, need particular and individual consideration prior to location in the community.
(2) These uses are classified in this chapter as “special uses” and fall into two general categories:
(a) Uses municipally operated or operated by publicly regulated utilities, and uses traditionally affected by public interest; and
(b) Uses entirely private in character which, because of their peculiar locational needs or the nature of the service they offer to the public, may have to be established in a district in which they cannot reasonably be allowed as a permitted use under the zoning regulations.
(B) List of special uses. The City Council shall have authority to permit, by ordinance, the following uses of land or structures in any district, except as herein qualified and subject to the conditions and procedures set forth herein:
(1) Airport or landing field;
(2) Mobile home park; and
(3) Any private club or lodge; except those the chief activity of which is a service and customarily carried on as a business.
(C) Applications for special use approval. Application to build or occupy any of the special uses listed in this section shall be filed with the city administrative offices, and shall be accompanied by plans showing the proposed development, including location of buildings and off-street parking areas.
(D) Procedure. The procedure for processing special use applications shall be the same as for an amendment to the zoning ordinance, as set forth in § 156.08, including referral of the proposed special use to the Planning Commission, consideration and action by the Commission, and hearing, notice and action by City Council.
(E) Criteria for consideration of special uses. The following criteria shall be used in considering a special use application by the Commission and Council:
(1) The special use is necessary or desirable for the public convenience at that location;
(2) The special use is so designed, located and proposed to be operated that the public health, safety and welfare will be protected; and
(3) The special use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located.
(F) Authority to impose conditions. The Planning Commission may recommend and the Council may provide conditions or restrictions upon the construction, location and operation of a special use, including, but not limited to, provision for off-street parking, as shall be deemed necessary to secure the specific purposes and requirements of this section, and the general objectives of this chapter.
(G) Existing special uses and changes to special uses. Special uses existing at the time of adoption of this chapter or amendments thereto shall be considered as conforming to this chapter, and may be rebuilt to the original specifications if destroyed. Any additions or enlargements of existing special uses or new special uses approved after adoption of this chapter shall be subject to the entire application and hearing procedures required for new special uses.
(H) Development plan. An approved special use shall be constructed and maintained in accordance with the plans and conditions approved by the City Council and, a special use certificate shall be issued accordingly.
(I) Delay for construction. In the event that construction of an approved special use is not started within one year after approval by the Council, the special use certificate shall expire and reapplication for approval of the special use shall be necessary.
(J) Mobile home parks. Any mobile home park may be allowed subject to the following conditions.
(1) The applicant presents plans and specifications for the proposed park in a form suitable for making the determination required herein.
(2) The proposed site contains not less than ten acres, and has no more than ten mobile home spaces per gross acre.
(3) The park and all mobile homes within comply with appropriate general ordinances and health and sanitary regulations.
(4) The park is suitable located for community facilities, including water supply, sewage disposal, schools, shopping facilities and services, and police and fire protection.
(5) The site is suitable for the purpose intended so far as soil, ground water level, drainage and topography are concerned.
(6) The location of the park will not be detrimental to the adjacent properties. Screening shall be provided where required by the Planning Commission and the City Council.
(Ord. 266, passed 5- -2008; Ord. 221, passed - -1999)