17.40.050   Special permits—Authority of city commission.
   A.   The city commission may, by special permit after public hearing and subject to such protective restrictions that it deems necessary, authorize the location of any of the following buildings or uses in any district from which they are prohibited by this title:
      1.   Any public building erected and used by any department of the city, county, state or federal government;
      2.   Hospitals, clinics and institutions for criminals and those for persons that are insane or have contagious diseases; provided, however, that such buildings may occupy not over twenty-five percent of the total area of the lot and will not have any serious and depreciating effect upon the value of the surrounding property; and provided further, that the buildings shall be set back from all yard lines a distance of not less than two feet for each foot of building height;
      3.   Cemetery;
      4.   Community building or recreation field;
      5.   Airport or landing field;
      6.   Commercial greenhouses; provided, that any such structures shall not be less than one hundred feet from all property lines;
      7.   Temporary commercial amusements or recreational development;
      8.   Extraction of gravel, sand or other raw materials;
      9.   Industrial uses excluded from the "D" industrial district to locate in the "D" industrial district;
      10.   Parking lots adjacent to, across a street from or across an alley from a "C" commercial district, a "D" industrial district.
      11.   Any use not specifically identified In this section may be considered for approval, provided it meets any conditions stipulated in this title or by the commission, and is not detrimental to the public welfare, safety, health, morals and convenience of the surrounding area.
   B.   The following findings shall be made for approval of a special permit:
      1.   The use is consistent with the policies and recommendations adopted by the city comprehensive plan.
      2.   The use will not have significant adverse effect on the character and value of adjacent properties or surrounding neighborhood.
      3.   The use will not create a hazard, a public nuisance or be injurious to individuals or to the public.
      4.   The use will not cause noise which is excessive for the particular area.
      5.   The use will not have significant adverse effects on the natural environment and attractiveness of an area.
      6.   The use will not be contrary to the public interest.
      7.   The applicant will be able to meet any particular requirements specified for such a use in land development standards and any additional conditions that the commission may impose.
      8.   The applicant will be able to meet all requirements imposed by applicable state and federal laws and regulations.
      9.   The special permit is non-transferable in the event that the specific use that was granted has changed or the property changes ownership.
   C.   A one hundred fifty- dollar, filing-and-processing fee shall be paid to the city.
   D.   Before issuance of any special permit for any of the above buildings or uses, the planning and zoning commission shall provide a review of the application submitted to the planning and zoning department. Recommendation for approval or denial of the special permit shall be provided to the city commission. The city commission will provide final approval or denial of the special permit.
   E.   If a special permit is granted, the permit shall be publicly displayed in a prominent on-site location.
(Ord. 557 (part), 2018; prior code § 11-3-5(f))