(A) Purpose.
(1) The development and execution of a zoning ordinance is based upon the division of the city into districts within which districts the use of land and buildings and the bulk and location of buildings and structures in relation to the land are substantially uniform. It is recognized, however, that there are 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 neighboring land and of the public need for the particular use at the particular location. Such uses fall into two categories;
(a) Uses publicly operated or traditionally affected with a public interest;
(b) Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(2) The special use variations may be recommended by the Zoning Board of Appeals to the City Council following a public hearing and based upon the evidence presented at such hearings as prescribed herein for the special use variation.
(B) Initiation of special use variation. Any person owning or having an interest in the subject property may file an application to use such land for one or more of the uses provided for herein in the zoning district in which the land is situated.
(C) Application for special use variation.
(1) Any application for a use variation shall be filed with the City Clerk’s office on a form prescribed by the Building Administrator. A filing fee of $50 will accompany the filing of the application. The City Clerk’s office shall provide the Building Administrator with a copy of such application.
(2) The application shall be accompanied by such plans and/or data prescribed by the Building Administrator and shall include a statement in writing by the applicant and adequate evidence showing that the proposed use variation will conform to the standards set forth herein.
(D) Hearing on application. Upon receipt in proper form, of the application and statement referred to above, the Zoning Board of Appeals shall hold at least one public hearing. At least 15 days in advance of each hearing, notice of the time and place of such hearing shall be published in a newspaper of general circulation in the city. In addition, notice of all hearings shall be sent to each civic or property owners' organization requesting notices of hearings on use variations or amendments.
(E) Authorization. For each application of special use variation, the Zoning Board of Appeals shall report to the City Council it's findings and recommendations, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The City Council may grant or deny any application for a use variation provided, however, that in the event of written protest against any proposed special use variation, signed and acknowledged by the owners of 20% of the frontage immediately adjoining the property proposed for a special use variation, or by the owners of 20% of the frontage across an alley or directly opposite therefrom, such use variation shall not be granted except by the favorable vote of two-thirds of all the members of the City Council.
(F) Standards. No special use variation shall be recommended by the Zoning Board of Appeals unless said Board of Appeals shall find that:
(1) The establishment, maintenance or operation of the use will not be detrimental or endanger the public health, safety, morals, comfort or general welfare.
(2) The use 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 values within the neighborhood.
(3) The establishment of the use 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/or other necessary facilities have been or are being provided.
(5) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(6) The use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Zoning Board of Appeals.
(Ord. 88-30, passed 8-8-88; Am. Ord. 11-07, passed 4-11-11)