504.1 Special permits.

A.    Application and site plan.

1.    Application. An application for a special permit shall be filed by the owner of the site in accordance with procedures for amendments as set forth in section 506 of this ordinance. In addition to the special permit use, the application may also include specified uses permitted in the underlying zoning district. An ordinance granting a special permit shall specify which uses permitted in the underlying zoning district, if any, are authorized to be conducted on the site.

2.    Requirements. All applicable yard, height and area provisions of chapter 6, the special provisions of chapter 7, and the off-street parking and loading requirements of chapter 7 for the zoning district in which the special permit use is proposed shall be the minimum requirements for the development of any special permit use. Whenever necessary, the Commission may recommend and the Council may impose additional stipulations. Such additional stipulations shall be complied with as a condition to the establishment of any use and shall be maintained as a condition to the continuance of the use.

3.    Site plan. A site plan approved in accordance with section 507.1 of this ordinance is required for all uses.

B.    Hearing procedure.

1.    Every application for special permit shall be processed in accordance with the procedures set forth in section 506 of this ordinance.

2.    Special procedure. Applications for the following special permit shall comply with the following procedure:

a.    Helistop, heliport, or airstrip. Every application shall be accompanied by: (1) an aerial photograph of a scale no less than one inch equals four hundred feet indicating the approach and departure routes, the location of all residences, schools, churches, hospitals and areas used for the open assembly of people as well as other noise sensitive areas within a radius of one-half mile of the proposed site; (2) information on the type of use of the helistop or heliport and type and weight of helicopters which will use the facility; (3) a plot plan showing location in relation to adjacent land use and the size and general detail of the proposed facility; (4) for elevated helistops or heliports, an architectural drawing should be attested by a licensed structural engineer as acknowledgment that the structure will support the helicopter(s) using the facility; and (5) a copy of the "Notice of Landing Area Proposal" and a letter of no objection from the Federal Aviation Administration. The information shall be sent first to the Aviation Department for their review.

3.    Appeal. Any person aggrieved by a decision of the Council shall have a right of appeal to a court of competent jurisdiction.

C.    Special conditions.

1.    Ordinance. No special permit shall have final approval until an ordinance setting forth the terms and conditions thereof has been adopted by the Council and becomes effective.

2.    Limitation. No use approved under a special permit shall be commenced or maintained upon a lot or parcel except in accordance with the approved site plan. Permitted uses in the zoning district, other than those authorized through special permit approval, shall be allowed only after an application to withdraw the special permit has been approved in accordance with the amendment procedures set forth in section 506 of this ordinance.

3.    Expiration. The special permit shall expire by default:

a.    If, when no construction is required under the site plan, the use is not established within the time set by the Council. If no time is set, the period shall be twenty-four months; or

b.    If, when construction is required under the site plan, such construction has not been completed and the use not established within the time set by the Council. If no time is set, the period shall be thirty-six months; or

c.    The use once established has been discontinued for a period of twelve months or abandoned.

4.    Construction compliance and occupancy. Whenever enforcement personnel find that any proposed construction or occupancy will not, in their opinion, substantially comply with the special permit, they shall refer the question to the Planning and Development Department’s representative to the Site Planning Division for his review.

5.    Special permit amendment.

a.    When the holder of a special permit determines modification of the site plan or stipulation is necessary, he may apply for amendment thereto by filing an application for such amendment in the same manner as the original application. The amendment shall be processed in the same manner as an original application.

b.    Minor changes in the site plan may be approved by the Planning and Development Director if such minor changes will not cause any of the following circumstances to occur:

(1)    A change in the character of the development.

(2)    An increase in the number of dwelling units.

(3)    An increase of the problems of circulation, safety and utilities.

(4)    An increase of the external effects on adjacent property.

(5)    A reduction in the originally approved setbacks from property lines.

(6)    An increase in ground coverage authorized in the zoning district.

(7)    A reduction in the required off-street parking and loading space.

(8)    A change in the subject, size, lighting or orientation of originally approved signs.

6.    Renewal and revocation.

a.    Renewal. In order to extend a special permit for which this section establishes a time limit, a use permit shall be obtained. No single extension shall exceed the period of original approval.

b.    Revocation. A special permit may be revoked by the City Council upon a finding that there has been material noncompliance with any condition prescribed in conjunction with the issuance of the special permit or approval of the site plan or that the use covered by the permit or the manner of conducting the same is a safety hazard or is in any way detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general. Factors which may be reviewed include, but are not limited to, emitting of odor, dust, gas, noise, vibration, smoke, heat, or glare beyond any boundary of the lot on which the use is conducted; causing a significant increase in traffic congestion; causing or contributing to disturbances or breaches of the public peace and order; or causing or contributing to a decline in property values: or the use is being conducted in violation of any provision of this ordinance, or any law of the City of Phoenix, Maricopa County (if applicable), State of Arizona or the United States. Revocation shall be the subject of hearing before the Planning Commission and/or City Council in accordance with section 506.