SPECIAL USES
The nature of certain uses creates difficulty in classifying them into the residential, commercial and industrial districts specified in the Zoning Code. To allow for these uses that do not fit into the standard zoning categories, the Code provides a Special Use designation that can be granted by the Board of Zoning Appeals. Examples of uses that require a Special Use are hospitals, schools, churches, charitable and philanthropic organizations, etc. Over 40 special uses are listed in Section 15.153.08.134 of the City Code and in Section 17.28.050 in the County. The zoning districts in which each Special Use is allowed are also specified in the Code. If the desired use is one of the Special Uses listed in the Code, check the zoning of the site proposed for the special use, and then check the Code to determine if the special use is allowed in that district.
A Special Use petition must be filed with a legal description of the site, a site plan, the check for the filing fee, and a list of the abutting property owners. Special Use packets that describe filing procedures, fees and deadlines, are available in the APC office and through the link below. It is recommended that petitioners confer with the APC staff before filing, and meet up-front with land owners and/or any neighborhood association in the area to discuss the proposal. Hiring an attorney, engineer or surveyor as a representative can be helpful but is not required. The petitioner must send notice to abutting property owners by certified mail, return receipt requested. Green receipts must be turned in to staff prior to the BZA hearing.
Once a petition is filed, APC staff will request comments from reviewing agencies, write staff field reports on the special use proposed, and distribute these reports. Consideration of the Comprehensive Plan is required in the BZA decision. The BZA makes the final decision on all Special Uses. No other public hearing is required. The Special Use process generally takes six weeks from filing to final approval.