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%000N 8130 0 Article 2. Special Use Permit and Variance Sec. 8-110. Special Uses and Special Use Permits. Special uses as shown in specified districts of this Chapter may be permitted in those districts by the City Council where such uses are deemed essential or desirable to the public convenience and welfare, and are in harmony with the various elements or objectives of the comprehensive plan, and if their location, plan, and character of the development are first considered by the Planning Commission following the procedure set forth in this Chapter. In the exercise of its approval, the City Council may impose such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in the furtherance of the purposes of the Zoning Code. (Code of 2001) Sec. 8-120. Procedure. An application for a special use permit shall be referred by the proper City official to the Planning Commission for consideration at a public hearing following publication as prescribed in Section 8-055 and recommendation to the City Council. The Planning Commission shall report to the City Council within forty days after receiving the application at a regular meeting. The City Council shall consider the application within 45 days after receipt of the application by the Planning Commission and with or without a recommendation from the Planning Commission. The City Council may grant application for a special use permit by a 4/5ths vote of all its membership. The fee for processing a special use permit shall be established by resolution. (Ord. No. 539, 2-25-86; Code of 2001) Sec. 8-130. Special Use Standards. No special use shall be recommended by the Planning Commission unless it shall find: (1) That the establishment, maintenance, or operations of the special use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. (2) 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 property values within the neighborhood. (3) That the establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. (4) That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided. (5) That the special use shall in all other respects conform to the applicable regulations of the district in which it is located. (Code of 2001) Z8-8