Chapter 18.97
CONDITIONAL USE PROCEDURES
Sections:
18.97.030 Procedures and requirements.
18.97.010 Purpose.
This chapter provides procedures and standards for the review and approval of conditional uses, as designated within the zoning classifications of this code. Conditional uses provide zoning flexibility, but, due to their potentially adverse impacts, require the site-specific review processes established in this chapter. [Ord. 2015-098 § 1; Ord. 2011-048 § 1; Ord. 2010-39 § 2; Ord. 1995-06 § 2.]
18.97.020 Definitions.
Certain terms used in this chapter shall be defined, for the purpose of this chapter only, as follows:
A. “Affected property owner” means any owner of property located within the required radius for written notification of public hearing.
B. “Conditional use” means a use which, due to its greater potential for nuisance or hazard than other uses of the zone, has its establishment in a zone conditional upon the procedures and standards of this chapter.
C. “Planning and building director” means a town employee responsible for the planning and building staff and activities in the town and may also be identified by other titles, including “zoning administrator.” [Ord. 2015-098 § 1; Ord. 2011-048 § 1; Ord. 2010-39 § 2; Ord. 1995-06 § 2.]
18.97.030 Procedures and requirements.
A. Scope.
1. A conditional use may be requested by submitting a conditional use permit application to the planning and building department. Issuance of the permit is subject to the requirements of this chapter and any requirements of the zone in which the use is being requested.
2. Application for a permit may only be made by the property owner of the subject property or an agent for the property owner.
B. Staff Consultation. The applicant is required to consult with town staff concerning potential requirements and public notice area prior to submittal of the application.
C. Application.
1. For Type 2 or Type 3 procedures, the applicant is required to host a public neighborhood meeting at least 14 days and no longer than six months prior to application submittal, inviting all property owners within the required notice area as defined in subsection (E)(1)(b) of this section. Invitation shall be by mail a minimum of 10 days prior to the meeting date. Staff shall provide the applicant with the invitation mailing list.
2. The complete application shall include, at a minimum:
a. A legal description of the property;
b. A list, by name and title, of all ownership interest in the property (e.g., individual, corporation, trust or limited partnership), in accordance with ARS 33-506;
c. If the property owner is represented by an agent, a letter of authorization for the agent;
d. Applicable permit fees, in accordance with the adopted conditional use permit fees schedule;
e. A preliminary development plan in accordance with STC 18.91.030 (rezoning), which shall show compliance with all other requirements of the zone in which the use is proposed to be located;
f. A floor plan detail, when the request pertains to interior access or use;
g. The neighborhood meeting invitation and mailing list, the attendee list, and any public comments offered at the meeting.
3. Refer to written departmental policies for application specifics.
4. Incomplete applications shall not be processed.
5. Hearing notification maps shall be prepared only by the planning and building department.
D. Conditional Use Permit (CUP) Types.
1. Scope. This subsection establishes the specific procedure types for conditional use applications. The applicable permit procedure shall be referenced after each conditional use in this code.
2. Type 1 Procedure. Administrative review and approval by the planning and building director (see subsection F of this section).
3. Type 2 Procedure. Public hearing, review and approval by the planning and zoning commission (see subsection G of this section).
4. Type 3 Procedure. Public hearing and recommendation by the planning and zoning commission and public hearing and approval by the town council (see subsection H of this section).
E. Public Notice.
1. A minimum of 15 days prior to the administrative decision or public hearing, the following notice shall be provided:
a. The applicant shall provide posting of the subject property as follows:
(1) Type 1 permit process shall require two signs with a minimum sign size of 18 by 24 inches, except for properties with a single street frontage of 100 feet or less, only one sign is required. Signs shall be made of plywood, corrugated plastic sheet, or similar all weather, sturdy material. Signs shall be Pantone yellow or similar with black lettering. Signs shall be placed perpendicular to the roadway, with information on both sides of the sign, and in the most visible location available.
(2) Type 2 and Type 3 permit hearings shall require a minimum of one four-by-eight-foot sign. In addition to this minimum requirement, parcels with more than one street frontage shall require one additional sign for each adjacent street frontage exceeding 300 feet in length. Signs shall be placed parallel to the roadways and in the most visible location available.
(3) Signs shall display public hearing and project information as provided by the planning and building department.
(4) The applicant shall be responsible for all costs associated with the posting requirements as well as coordinating the posting.
(5) The sign(s) shall be installed on the property no more than 30 days nor less than 15 days prior to the public hearing, and the applicant must remove the sign no sooner than 15 days nor more than 30 days after final disposition of the case.
b. The planning and building department shall mail written notice to all property owners:
(1) Minimum notification area is 300 feet from the subject property, except that for conditional use structures whose heights are allowed by code to exceed the maximum main building height of the zone, such as height limit exceptions as listed in STC 18.07.050(G) and wireless communication towers, the minimum notification area shall be 600 feet.
(2) The notification area may be increased by the planning and building director when doing so would better serve the public interest based on the compatibility and intensity of the proposed use and subject to the following maximums, unless otherwise specified by Town Code:
(a) Type 1 conditional use: 600 feet.
(b) Type 2 conditional use: 900 feet.
(c) Type 3 conditional use: 1,200 feet.
c. The planning and building department shall cause notice to be published once in a newspaper with general circulation in the area involved.
2. Failure of Notice. The unintentional failure to give written notice or the unintentional omission of the name of a property owner shall not invalidate an action taken at a hearing.
F. Type 1 Conditional Use Permit Process.
1. Scope. Within 30 days of an accepted application, the planning and building director will make a decision on the merits of the application.
2. Public Notice. Public notice shall be provided in accordance with subsection E of this section.
3. Findings. The applicant must demonstrate that all of the following findings are met:
a. The conditional use complies with the objectives of the general plan or the area plan in which the property is situated;
b. The conditional use conforms to the zoning regulations applicable for that use and the zone in which it is located;
c. The conditional use does not adversely impact adjacent property or the surrounding neighborhood or area, or that such impacts can be substantially mitigated through the use of additional conditions;
d. The conditional use provides for adequate and efficient vehicular and pedestrian access, circulation and parking;
e. The conditional use can be adequately and efficiently served by public and utility facilities and services;
f. The conditional use will meet standards in terms of control of noise, smoke, glare or heat, odors, vibrations, fly ash, dust, fumes, vapors, gases and other forms of air pollution, liquids and solid wastes; and
g. Hours of operation will not be detrimental to adjoining residents.
4. The director may require that additional information be presented.
5. Decision of the Director. Approval of a conditional use permit shall be subject to the preliminary development plan and any other reasonable requirements deemed necessary by the director. The permit shall not be effective until 30 days after the decision or when all requirements of approval have been satisfied, whichever is later.
6. Findings. A report on the findings of the director and conditions of the permit shall be available for public inspection within five days of the director’s decision.
7. Appeals.
a. Any appeal to the planning and zoning commission of the decision or conditions imposed by the director shall be filed within 30 days by the applicant or affected property owners;
b. A public hearing by the planning and zoning commission shall be required in accordance with the procedure set forth in subsection G of this section.
G. Type 2 Conditional Use Permit.
1. Scope. As required by the conditions of a use, a public hearing shall be held by the planning and zoning commission.
2. Recommendation by the Director.
a. The director shall prepare a report for the planning and zoning commission.
b. The report of the director shall, at a minimum:
(1) Classify the request as to its conformance with applicable town land use plans;
(2) Analyze the expected impact of the proposed development on the site and surroundings;
(3) Contain a recommendation to the commission;
(4) Include the comments and conditions, if any, of other affected town departments and public agencies; and
(5) Include comments made after the public notice.
c. The report shall be available for public inspection 10 days prior to the date of the commission’s public hearing.
3. The planning commission shall conduct a public hearing.
4. Decision of the Commission. Approval of a conditional use permit shall be subject to the preliminary development plan and any other reasonable requirements deemed necessary by the commission. The permit shall be effective when all requirements of approval have been satisfied.
5. Appeals.
a. Any appeal to the town council of the decision of the planning and zoning commission shall be filed within 30 days by the applicant or affected property owners.
b. A public hearing by the town council shall be required in accordance with the procedure set forth in subsections (H)(4) and (5) of this section.
H. Type 3 Conditional Use Permit.
1. Scope. As required by the conditions of a use, a public hearing shall be held by the town council after a public hearing and recommendation from the planning and zoning commission.
2. Commission Public Hearing. The commission shall conduct a public hearing in accordance with the procedure set forth in subsection G of this section.
3. Transmittal. Within 60 days after the commission public hearing, the planning and building department shall transmit the report and recommendations of the planning and zoning commission to the town council.
4. Town Council Public Hearing. The town council shall conduct a public hearing.
5. Decision of the Town Council. Approval of a conditional use permit shall be subject to the preliminary development plan and any other reasonable requirements deemed necessary by the town council.
I. Development Plan Requirement. An approved development plan in accordance with Chapter 18.71 STC (Development Plan Standards) and consistent with the preliminary development plan shall be required within 18 months of approval of a Type 3 conditional use permit.
J. Time Limits and Time Extensions.
1. Time Limit on Conditional Use Approval.
a. Approval for a conditional use shall expire if the use is not established within 18 months of the date of conditional use approval or within the time otherwise specified in the conditional use approval, whichever is greater. A use shall be considered to be established when a development plan for the site is approved, or a building permit or business license is issued for the use.
b. A new conditional use permit application is required after the expiration of the initial approval, unless a time extension has been granted.
c. Appeal of the decision or conditions imposed shall suspend the running of the time limit during the period of appeal.
2. Extension of Approval Time Limit. A one-time 12-month extension of approval may be granted by the planning and building director if the applicant files for the extension prior to the expiration of the conditional use approval. An applicant for an extension must demonstrate that unforeseen circumstances beyond the applicant’s control cause the applicant to need the extension. Extension fees shall be waived if the unforeseen circumstances are caused directly by an action of the town, such as a moratorium on new development.
3. Time Limit on Conditional Use Permits.
a. A conditional use permit shall be valid for the duration of the conditional use, provided the use remains in conformance with the terms of approval.
b. If a conditional use is discontinued for more than 12 months, the permit shall be deemed null and void, and reapplication for a new conditional use permit shall be necessary.
c. A conditional use permit may transfer to new ownership or management of property or use, subject to review and approval by the planning and building director.
K. Modification of Conditional Use Permits. A request to modify, expand, or otherwise change an approved conditional use permit, not in substantial conformance with the approved permit, shall be processed according to the provisions of this chapter as a new application. Determination of substantial conformance shall be by the planning and building director.
L. Revocation. Failure to comply with the conditions, stipulations, or terms of approval of the conditional use permit is a violation of this code and will be enforced as such. Repeated offenses shall be cause for revocation of the permit. The permit may be revoked by the body that originally approved it on any of the following grounds:
1. Violation of a zoning regulation of the town.
2. Violation of a term, limitation, or condition of the conditional use permit.
3. Causing or allowing a nuisance in connection with the premises.
4. Conviction of a violation of federal or state law or town ordinance in connection with the operation of the use. [Ord. 2017-118 § 1; Ord. 2015-098 § 1; Ord. 2011-048 § 1; Ord. 2010-39 § 2; Ord. 2008-12 § 4; Ord. 1995-06 § 2.]