A. Within thirty days after the conclusion of the public hearing, the commission shall approve, conditionally approve, or deny the conditional use permit application.
B. The commission, in approving a conditional use permit, shall by resolution adopted by an affirmative vote of not less than the majority of all its voting members, find as follows:
1. That the site for the proposed use is adequate in size and topography to accommodate the use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate the use with the land and uses in the vicinity;
2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
3. That the proposed use will have no adverse effect upon the abutting property;
4. That the proposed use shall be in conformance with the general plan;
5. That the conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. The conditions may include but are not limited to:
a. Regulation of use,
b. Special yards, spaces and buffers,
c. Special fences, solid fences and walls,
d. Surfacing of parking areas,
e. Requiring street, service road or alley dedications and improvements or appropriate bonds,
f. Regulations of points of vehicular ingress and egress,
g. Regulation of signs,
h. Requiring maintenance of the grounds,
i. Regulation of noise, vibrations, odors,
j. Regulation of hours for certain activities,
k. Time period within which the proposed use shall be developed,
l. Duration of use,
m. Requiring the dedication of access rights, and
n. Other conditions as will make possible the development of the city in an orderly and efficient manner;
6. The commission shall, in addition to any other conditions, impose the following general conditions upon every conditional use permit granted:
a. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure,
b. That all of the special conditions shall constitute restrictions running with the land and shall be binding upon the owner of the land, his successors or assigns,
c. That all conditions specifically stated under any conditional use listed in this chapter shall apply and be adhered to by the owner of the land, his successors or assigns,
d. That all of the special conditions shall be consented to in writing by the applicant,
e. That the resolution granting the application, together with all consent forms, shall be recorded by the county recorder;
7. The commission shall, in addition to any other conditions, impose the following conditions upon every conditional use permit granted for wireless telecommunication facilities:
a. The setback requirements shall be thirty-five feet from any property line, plus an additional one foot for every foot of height above thirty-five feet,
b. The structure is to be designed, constructed and/or colored in order to correspond with the aesthetic, view-shed and other characteristics of the area in which they are to be placed,
c. Appropriate landscaping and other screening shall be required along any street frontage,
d. Appropriate measures shall be used to screen any exposed mechanical equipment such as, but not limited to, cables, etc.,
e. Placement of the facility shall be in conformance with any applicable requirements of the city planning, building, fire, and engineering departments,
f. Placement of the facility shall be in conformance with any applicable requirements of the Federal Communications Commission (FCC) and/or the Federal Aviation Administration (FAA),
g. Where possible, service providers will be encouraged to co-locate (share) their facilities on existing towers;
8. The commission shall, in addition to any other conditions, impose the following conditions upon every conditional use permit granted for bed and breakfast establishments:
a. The bed and breakfast establishment must be operator-occupied;
b. The length of guests' stays is limited to fifteen days within any thirty-day period;
c. On-site (off-street), dust-free surfaced parking is to be provided on the lot in the ratio of one space per potential guest room, plus two spaces for the resident operator;
d. Construction and operation of a bed and breakfast establishment shall comply with all applicable city of Casa Grande building, planning, fire and engineering department requirements, plus any requirements of the Pinal County Health Department and state of Arizona;
e. Detached signs are limited to one per parcel, and shall be a wall-mounted or a low-profile, monument-style sign, not to exceed three feet in height above grade, and not to exceed six square feet in area, designed and constructed to complement building's exterior.
C. Applications for conditional use permits may be approved or denied by motion of the commission. If an application is denied, the denial shall constitute a finding that the applicant has not shown that the conditions required for approval do exist. No application for a conditional use permit which has been denied wholly or in part shall be resubmitted for a period of six months from the date of the order of denial, except on grounds of new evidence or proof of change of conditions found to be valid by the commission.
(Ord. 1397.17.16 § IV, 1997: Ord. 1397.17.14 § IX, 1996: Ord. 1178 § 7.5.3, 1987)