(A)   Issuance. Special use permits may be issued for any of the following;
      (1)   Any of the uses or purposes for which such permits are required or permitted by the provisions of this chapter;
      (2)   Public utility or public service uses or public building in any district when found to be necessary for the public health, safety, convenience or welfare;
      (3)   To classify as a conforming use any institutional use existing in any district at the time of the establishment of such district; and
      (4)   To permit the location of any of the following uses in a district from which they are excluded by the provisions of this chapter: airport, library, community center, church, hospital, fairgrounds, any institution of an educational, philanthropic or charitable nature, crematory, mausoleum or any other place for the disposal of the human dead.
   (B)   Procedure.
      (1)   Application for the issuance of a special use permit shall be made to the Planning Commission. Any proceedings to classify certain uses as conforming uses as provided in this section may be initiated either by such application or by the Council or by the Planning Commission. The Planning Commission may hold such hearings on the proposal to issue a special use permit as it may consider necessary; but at least one public hearing shall be held on any application for a use permit for the establishment of any use listed in division (A)(4) of this section. The Planning Commission shall make a report to the Council upon any application for special permit and shall recommend to the Council whatever action it deems advisable; but it shall not recommend the granting of a permit unless it finds that the establishment, maintenance or conducting of the use for which a use permit is sought will under the circumstances of the particular case be non-detrimental:
         (a)   To the health, safety, morals, comfort, convenience or welfare of the persons residing or working in the neighborhood of such use; or
         (b)   To the public welfare or injurious to property or improvements in the neighborhood.
      (2)   It may designate conditions and require guaranties in the granting of use permits in the manner provided in § 152.133 for the granting of adjustments. Upon receipt of the report of the Planning Commission, the Council may hold whatever public hearings it deems advisable and shall make a decision upon the proposal to grant a use permit. If the Council finds that the conditions exist which are necessary under this section before the Planning Commission may recommend the granting of a use permit, the Council may grant the use permit and it may attach to the permit such conditions and guaranties as are provided in § 152.133 for the granting of adjustments.
   (C)   Conformance. Any use permitted under the terms of any special use permit shall be established and conducted in conformity to the terms of such permit and of any conditions designated in connection therewith.
   (D)   Notification.  
      (1)   All property owners within a 350-foot radius of the proposed project, and at least ten days prior to the hearing; and
      (2)   Two notices in the legal section of the city’s official newspaper. The cost for such notification shall be paid for by the applicant.
(Ord. 151, passed 1-10-96; Ord. passed --)