21-6-7.5: EXPIRATION AND TIME EXTENSIONS:

   A.   Expiration: In any case where a conditional use permit has not been used within six (6) months from the date of its granting by the Eloy City Council, it shall become null and void. Conditional use permits shall run with the land unless the Council elects to specify a period of abandonment after which the conditional use permit shall be voided.

   B.   Time Extensions: The City Council shall hold a public hearing to consider the granting of a time extension as follows:

      1.   Upon request by the applicant.

      2.   When the request is filed in writing with the Community Development Department not less than thirty (30) days prior to the expiration date of the original conditional use permit (CUP) approval.

      3.   When accompanied by a time sensitive stipulation noted as a required condition of approval of the original conditional use permit.

      4.   Upon determination by the City Council that there have not been any changes in the circumstances or in the vicinity of the property or use which would render the previously approved conditional use permit (CUP) inappropriate. (Ord. 18-880, 7-23-2018)

21-6-7.6: REVOCATION OR MODIFICATION:

   A.   Revocation: The Zoning Administrator shall notify the applicant by mail, if it is deemed to be in violation of the CUP. If no attempt to change the violation is made within ten (10) working days of notification, the City Council shall be authorized to hold a public hearing to consider the revocation or modification of a conditional use permit (CUP) previously granted in accordance with the provisions of this chapter. A written notice of the date, time, place and purpose of the hearing shall be served on the owner of the property for which the CUP was granted by registered mail, return receipt requested, not less than thirty (30) days prior to the date of such hearing.

   B.   Findings: A conditional use permit (CUP) may be revoked or modified if, from the facts presented at the public hearing or by investigation, the City Council makes an affirmative determination on any one of the following findings:

      1.   That the conditional use permit (CUP) was obtained by fraud.

      2.   That the conditional use permit (CUP) granted is being exercised contrary to the conditions of approval of such CUP or is in violation of any applicable law, license, ordinance, permit or regulation.

      3.   That the use for which the conditional use permit (CUP) was granted is being or has been exercised in a manner that is to be detrimental to the public health or safety.

      4.   The use ceases for a period of ninety (90) consecutive days, or because of failure to comply with the conditions of the use permit. (Ord. 18-880, 7-23-2018)

21-6-7.7: APPEAL:

Decisions of the City Council may be appealed pursuant to the procedures set forth in section 21-6-2.11 of this article. (Ord. 18-880, 7-23-2018)

21-6-8: TEMPORARY USE PERMIT:

21-6-8.1: PURPOSE AND APPLICABILITY:

The purpose of this section 21-6-8 is to allow for the establishment of interim or temporary uses when such activities are desirable for the community or are temporarily required in the process of establishing a permitted use. Temporary uses allowed under this section 21-6-8 shall be consistent with the health, safety and general welfare of persons residing and working in the community, shall be conducted to minimize any detrimental effects on surrounding properties and the City, and shall not violate any other ordinance or regulation of the City. (Ord. 18-880, 7-23-2018)

21-6-8.2: TYPES OF TEMPORARY USES:

The Zoning Administrator may grant a temporary use permit in accordance with the standards and/or conditions specified in section 21-3-3 of this chapter. (Ord. 18-880, 7-23-2018)

21-6-8.3: TEMPORARY USE PERMIT APPLICATION PROCESS:

 

   A.   Application Submittal: A complete application for a temporary use permit shall be submitted to the Zoning Administrator as required by section 21-6-2.2, "Application Submittal (Administrative Completeness Review)", of this article. At minimum, a temporary use permit application shall include:

      1.   Aerial map of the site;

      2.   Notarized property owner authorization (if applicable);

      3.   A site plan showing the location and footprint of proposed uses and structures, parking configuration and other details necessary to demonstrate that the proposed use and site conforms with all other requirements of the zoning district and all other City codes; and

      4.   The application shall contain sufficient information to demonstrate compliance with temporary use conditions in accordance with section 21-3-3 of this chapter and all required information stated elsewhere in this chapter or any other City code. All applications for temporary use permits shall be filed at least four (4) weeks prior to the date the temporary use will commence, or at least six (6) weeks prior to the date the temporary use will commence, if public safety support is requested from the City. The Zoning Administrator may waive this filing deadline requirement in an individual case for good cause shown.

   B.   Application Review And Decision: Upon receipt of a complete temporary use permit application, the Zoning Administrator shall review the proposed temporary use permit application and distribute the application to the Development Review Committee or others as he or she deems necessary. Based on the results of those reviews, the Zoning Administrator shall take final action on the application and approve, approve with conditions, or deny the application based on the applicable approval criteria. (Ord. 18-880, 7-23-2018)