(A) Purpose. Because there are some uses, which may be beneficial to have within certain zones, and because these uses may not be completely compatible with adjoining or nearby permitted uses if not specifically controlled, this division permits these uses after certain conditions have been met. The process outlined here will allow the Planning and Zoning Commission and Council to review and approve or disapprove applications for these uses. It will also allow for the modification of an application, if desired, to make it more harmonious and compatible with adjoining and/or nearby uses.
(B) Permitted uses. Only those uses listed in the conditional use section of each zone, or as otherwise specified in this Development Code, shall be permitted under the process provided for by this division.
(C) Application. Application for a conditional use permit shall be made by a property owner or authorized agent upon forms provided by the municipality. All information requested on the application form must be completed before the application will be processed.
(D) Public hearing. After receipt of a completed application form under this division, including filing fee and list of property owners within 300 feet of the property, items shall be placed on the Planning and Zoning Commission’s agenda for public hearing within 60 days after receipt of the application.
(E) Notice. Notice of the public hearing before the Planning and Zoning Commission shall be given in the manner established in § 150.015. In proceedings that are not initiated by the property owner, notice of the public hearing shall also be mailed to the owners of property within 300 feet of the subject property boundary, as recorded with Pinal County. This mailing shall occur at least 15 days prior to the public hearing.
(F) Action by Commission. Within 35 calender days of the public hearing under this division, the Planning and Zoning Commission shall recommend approval, approval with conditions or disapproval of the application. Notice of the recommendation shall be sent to the Council and the applicant.
(G) Review. In reviewing an application for a conditional use permit, the Planning and Zoning Commission shall consider:
(1) The site of the proposed use and the surrounding land uses;
(2) Access to the site; and
(3) The impact on adjoining and surrounding property if the application is approved.
(H) Conditions. In making its recommendation, the Planning and Zoning Commission may include conditions which are deemed necessary to protect the public health, safety and general welfare. These conditions may include, but are not limited to:
(1) Regulation of use;
(2) Special yard requirements;
(3) Special buffers, fences or walls;
(4) Special parking areas;
(5) Street dedications and/or improvements or appropriate bonds;
(6) Regulation of access points;
(7) Sign restrictions;
(8) Required maintenance of yard;
(9) Regulations of odors, noise, light or other special environmental factors;
(10) Restrictions of hours of activity;
(11) Duration of use;
(12) Completion of development; and
(13) Other conditions which will make the proposed use more compatible and harmonious with the surrounding land uses. In no case, however, shall these conditions be less restrictive than those found in the existing zoning classification.
(I) General requirements. In addition to any of the above special conditions, the Planning and Zoning Commission and Council shall impose the following general requirements on every conditional use permit which is granted:
(1) No conditional use approval shall be final until all conditions imposed have been met;
(2) All of the special conditions shall constitute restrictions which run with the land and which shall be binding upon the owner of the land, successors or assigns;
(3) The special conditions imposed by the Planning and Zoning Commission and/or Council shall be consented to in writing by the applicant prior to issuance of a conditional use permit; and
(4) The resolution of the Council granting the application together with all consent forms shall be recorded by the Recorder of the county.
(J) Action by Council. Upon receipt of a recommendation under this division from the Planning and Zoning Commission, the Council shall approve, approve with conditions or deny the application. Before acting on the application, the Council may hold a public hearing on the application. If it does, notice of the hearing will be in compliance with § 150.015. If it does or does not hold a public hearing, the Council will approve, approve with conditions or disapprove the application within 30 days of receiving a recommendation from the Planning and Zoning Commission.
(K) Protests. If written protests are received to an application filed under this Development Code, the regulations of § 150.015(E) shall apply.
(L) Revocation. The Council, acting on the recommendation of the Planning and Zoning Commission or on its own, may revoke any conditional use permit for noncompliance with any of the conditions set forth in the resolution granting the permit. This revocation shall occur by resolution of the Council after a public hearing, notice for which shall be in accordance with § 150.015. Written notice of the possibility of revocation shall be mailed to the applicant or successor not less than 30 days prior to the Council meeting at which the issue will be discussed. The revocation of a conditional use permit shall have the effect of denying all rights and privileges granted by the approval of the conditional use permit.
(M) Time limit. If an established time limit for development expires or if a time limit for the duration of the carrying on of the conditional use has been established as a condition of approval, the permission for the use shall be considered to be revoked upon the date of expiration without any notification to the applicant or successor.
(N) Alteration of structures. Any proposed changes, either additions, enlargements or modifications of the structures approved in any conditional use permit or any proposed extension of the uses into areas approved in any permit shall follow the same process as outlined in this division. No building permit for any change shall be issued unless the Council has approved the change.
(Prior Code, Ch. 4, Art. I, § 4-14) (Ord. 432-06, passed 6-19-2006; Ord. 689-20, passed 4-6-2020)