Process Information
Use Review Summary
Each of the city’s zoning districts is intended for a predominant use, such as single-family residences or commercial businesses. Other uses (as designated in Section 9-6-1, B.R.C. 1981) may be allowed if it is demonstrated that a particular use is appropriate at a proposed location. Use review is the discretionary review process to determine if the impacts of a proposed use on the surrounding area are minimized and acceptable. In addition, use review approval is required to determine whether certain changes to non-conforming uses are acceptable.
Applications for reviews are submitted to the Planning and Development Services Center and are reviewed through the Land Use Review process (see attached Land Use Review Process Summary). This review process takes approximately three to four months to complete and includes public notification. Use review uses must be found to meet the applicable review criteria listed in Section 9-2-15, B.R.C. 1981. A list of the use review criteria is attached.
Use review application for nonresidential uses in a residential or public zoning district require approval by the Planning Board. All other use review applications are decided by the Planning and Development Services Department. Planning and Development Department decisions on use reviews are final after a 14-day “call-up” period. These decisions may be called-up by the Planning Board for a final decision or appealed to the Planning Board by the applicant or any interested person. All use review decisions are issued in a document called “Notice of Disposition.” The disposition specifies approval, approval with conditions (and lists those conditions), or denial.
Use review approvals are valid for three years, after which they expire if they have not been implemented.
Also, any use review use which is discontinued for at least one year or replaced by another use expires.
Use review approvals are specific to the description of the use and the operating characteristics that the applicant details in the written statement. Any future change in characteristics will require a new use review application.
To approve a use review application, the approving agency must find that the application meets the applicable use review criteria. These criteria are found in Section 9-2-15(e) and (f), B.R.C. 1981 and are listed below. An application for use review must include a written statement which addresses how the proposal meets the applicable criteria.
Section (e) below applies to all use review applications.
Use review applications for non-conforming uses must meet the criteria listed in both sections (e) and (f) below.
