Special use permits—Intent and eligibility
(a) Within the city generally and in particular some zoning districts, certain uses are specified in the schedule of use, section 19-98 as allowed by special use permit only. These uses are of a nature requiring review, in accordance with the state statutes, to determine whether they should be permitted in specific locations; if they meet special conditions and safeguards; and what additional conditions may be required if permission is granted.
(b) To the extent a proposed land use is not specifically listed in section 19-98, the property owner may submit a written request to the zoning officer for an evaluation and determination of whether the proposed use is of a similar type, character, and intensity as a listed use requiring a special use permit. The zoning officer will have 30 days to provide a written evaluation to the property owner. Upon such a positive determination, the proposed use may be considered to be a use requiring a special use permit. The applicant shall include the zoning officer's written determination as part of their special use permit application submission. The zoning board, or planning board, as part of the unified review process, may either concur with zoning officer's determination or state on the record its reasons for disagreement with the zoning officer's determination. Disagreement with the zoning officer's determination shall be grounds for denial of an application.
(Rev. Ords. 1987, § 19-40; Ch. 914, § I(Att.), 12-19-23)