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(A) The development and execution of a zoning ordinance is based upon the division of the city into districts, within which districts the use of the 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.
(B) Such special uses fall into two categories:
(1) Uses publicly operated or traditionally affected with a public interest.
(2) Uses entirely private in character but of such unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.
(Ord. passed 8-4-86)
An application for a special use or extension of special use shall be filed with the City Clerk on a form prescribed by the City Clerk. The application shall be accompanied by such plans or data prescribed and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special use will conform to the standards set forth in § 152.175.
(Ord. passed 8-4-86)
(A) Upon receipt of an application for special use, the Buildings and Grounds Committee shall review such application to determine that it contains all and sufficient information, as required by this chapter. Thereafter, the Building and Grounds Committee shall refer such application to the Zoning Board of Appeals.
(B) The Zoning Board of Appeals shall hold a public hearing in regard to the application for special use. Notice of the time, place and purpose of such hearing shall be published in a newspaper of general circulation in the city at least 15 days in advance of such hearing, but not more than 30 days in advance of such hearing. The cost of publication for such notice shall be borne by the petitioner.
(Ord. passed 8-4-86)
For each application for a special use, the Building and Grounds Committee shall report to the City Council its 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 special use; provided, however, that in the event of written protest against any proposed special use, signed and acknowledged by the owners of 20% of the frontage adjacent thereto, or across any alley, or directly opposite therefrom, such special use shall not be granted, except by the favorable vote of two-thirds of all the members of the City Council. Any proposed special use which fails to receive the approval of the Board of Appeals shall not be passed by the corporate authorities, except by the favorable vote of two-thirds of all aldermen then holding office.
(Ord. passed 8-4-86)
No special use shall be recommended by the Building and Grounds Committee unless the Committee shall find:
(A) That the establishment, maintenance or operation of the special use will not be detrimental to, or endanger the public health, safety, morals, comfort or general welfare.
(B) That the special 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 values within the neighborhood.
(C) That the establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
(D) That adequate utilities, access roads, drainage or other necessary facilities have been or are being provided.
(E) That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(F) That the special 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 recommendation of the Building and Grounds Committee.
(Ord. passed 8-4-86)
(A) Planned developments are of such substantially different character from other special uses that specific and additional standards and exceptions are hereby established to govern the recommendations of the Building and Grounds Committee and the action of the City Council.
(B) The Building and Grounds Committee may recommend, and the City Council may authorize that there be in part of the area of a planned development, and for the duration of such development, specified uses not permitted by the use regulations of the district in which the development is located, provided that the Building and Grounds Committee shall find that:
(1) The uses permitted by such exceptions as are necessary or desirable and are appropriate with respect to the primary purpose of the development.
(2) The uses permitted by such exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood.
(3) Not more than 30% of the ground area, or of the gross floor area, of such development shall be devoted to the uses permitted by the exception.
(4) In an industrial planned developments such additional uses allowed by exception shall conform with the performance standards of the district in which the development is located.
(5) That the use exceptions so allowed are reflected by the appropriate zoning district symbols and so recorded on the zoning district map.
(Ord. passed 8-4-86)
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