The review of use (ROU) procedure will be utilized following a finding by the zoning
director that doubt exists concerning whether a particular contemplated use of property
is permissible in a commercial, tourist commercial or industrial zoning classification.
Whenever the contemplated use is in the nature of or is similar to permitted uses
specified in this article but is such that the zoning director determines that a question
of doubt exists as to the permissibility of the contemplated use, then the review
of use (ROU) shall be initiated by the applicant for the use submitting an application
to the planning and zoning board for its approval or disapproval of the contemplated
use. The review of use (ROU) procedure may also be utilized where a use is requested
which is specifically listed in a higher zoning classification, but the scope of the
intended use is so limited that it should not require the higher classification and
proposed use seems to be in harmony with the purpose and intent of the existing classification.
The review of use (ROU) procedure shall also be utilized for approving all conditional
uses in the heavy industrial, IU-1, zoning classification. The public hearing requirements
shall be those specified in section 62-1151 for amendments to the official zoning map, except that the planning and zoning board
shall hold the public hearing and make a recommendation to the board of county commissioners,
and the recommendation shall be placed on the board of county commissioners consent
agenda for approval, modification, or rejection. An application for approval of a
review of use (ROU) by the planning and zoning board shall contain a description of
the contemplated use, and any size limitations, conditions or other matters relevant
to the contemplated use to be reviewed. The application should describe any similarities
in scale or character with the uses specifically permitted in the zoning classification.
Nothing contained in this section shall be construed as providing any person with
a right to appeal to the planning and zoning board or the board of county commissioners
if the zoning director fails to find that doubt exists concerning a contemplated use
in the commercial, tourist or industrial zoning classifications, if the zoning official
denies a particular use of property in the commercial, tourist or industrial zoning
classifications as not permitted by this article. The fee for applying for approval
of a review of use (ROU) shall be established by resolution of the board of county
commissioners.
