A. Purpose. The town recognizes certain uses which may be appropriate in a specific zoning district, but which may have characteristics that, depending upon the location, design, and standards of operation, may have a greater impact than permitted uses on nearby properties, businesses, or residences. Such uses require more comprehensive review, including the ability of the town to establish specific conditions for the project to mitigate any potential impacts. The planning commission can evaluate only conditional uses listed, and is empowered to grant, grant with conditions, or deny any application for a use permit. The planning commission’s review is subject to findings and the application meeting requirements of this section. The burden of proof shall be the responsibility of the applicant.
B. Application. Applications shall be filed with the planning manager on an application form with the required documentation specified on guidelines provided by the planning manager with appropriate fees. The application, at a minimum, shall include the following:
1. Name and address of the applicant. If the applicant is not the owner of the property, the name and address of the owner shall be supplied along with authorization that the applicant is the agent of the owner and may apply for the use permit. Proof of ownership must be submitted with the application.
2. A statement describing the proposed use, and any pertinent data required to evaluate the use, including but not limited to: hours of operation, numbers of employees and shifts, processes and materials involved in the use, and types and volume of traffic generated by the use.
3. A site plan including dimensions showing the type and location of buildings, structures, floor plans, parking, landscaping, circulation and other relevant site information.
4. Any additional information required by the planning manager.
C. Public hearing. The planning commission shall hold a public hearing on the application. Prior to the public hearing, notice shall be sent to all owners of property located within 300 feet of the property subject to the request and shall be given in the manner provided in A.R.S. § 9-462.04 (A).
D. Findings. A conditional use permit may be granted only after a determination by the planning commission that the proposed use:
1. Will not adversely affect the orderly development and improvement of surrounding property for uses permitted within the zoning district;
2. Will not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair the property values within the neighborhood;
3. Will not adversely affect the tax base and other substantial revenue sources within the town;
4. Conforms to the character of the neighborhood, within the same zoning district, in which it is located, giving consideration to the location, type, and height of the buildings or structures and the type and extent of landscaping and screening on the site;
5. Is on a proposed site adequate in size and shape to accommodate the intended use and all requirements for the zone district will be met, including but not limited to, the setbacks, walls, landscaping and bufferyards;
6. Will have ingress and egress designed to minimize traffic hazards and to minimize traffic congestion on the public roads;
7. Is consistent with the general plan and other adopted town plans;
8. Shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas;
9. Will have adequate utilities, access roads, drainage, fire protection, and other necessary facilities; and
10. Benefits the public interest and welfare to an extent sufficient to outweigh the individual interests adversely affected by the establishment of the proposed use.
E. Action by the planning commission. The planning commission may grant, grant with conditions, or deny the application. If the application is denied, the planning commission shall make factual findings on the public record with the reasons for the denial. The planning commission may place any conditions which are deemed necessary to mitigate potential impacts and insure compatibility of the use with surrounding development and the town as a whole. These conditions may include, but are not limited to:
1. Requirements for setbacks, open spaces, buffers, fences or walls to mitigate conflicts from visual, noise, lighting and similar impacts associated with the use;
2. Dedication and/or paving of street or other public rights-of-ways, and control in location of access points and on-site circulation to mitigate traffic impacts from increased volumes or nature of traffic activity associated with the use;
3. Regulations pertaining to hours of operation, methods of operation, and phasing of the development of the site to mitigate impacts to surrounding properties and the neighborhood;
4. Time limits on the duration of the permit to determine if the use, after a temporary period of operation, is materially detrimental or to evaluate whether changed conditions in the neighborhood effect the capability of the use to continue to adequately mitigate impacts to the surrounding area or the town as a whole.
F. Effective date of the conditional use permit. The decision of the planning commission shall be final and effective 15 days from the date of decision unless an appeal is filed as provided below.
G. Appeal procedure.
1. The action of the planning commission may be appealed to the council by the applicant, any member of the council, the town manager or any property owner within 300 feet of the property subject to the request. Such requests for appeal must be filed on an application form provided by the planning manager, with the appropriate fee, within the 15 days following the date of the planning commission action.
2. Consideration of the appeal shall be made at a public hearing.
3. Notice of the hearing shall be placed in the newspaper of general circulation in the area designated by the council for legal public notice at least 15 days prior to the hearing.
4. The council shall act to affirm, or reverse, in whole or in part, or modify the planning commission’s decision including adding to or deleting the conditions attached to the approval by the planning commission. Any action to grant a conditional use permit, either by affirmation, modification, or reversal of the planning commission’s decision, must include the required findings for use permits as provided in this section.
H. 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 section as a new application.
I. Exercise and use. A permit automatically expires if the use is not established within six months of its grant or within the time otherwise specified in the permit, whichever is greater. For a use requiring a building permit, the use is established when a building permit is issued or a development plan is approved for the use. If the use does not require a building permit, the use is established when the planning manager finds clear and visible evidence of the use’s establishment.
J. Extension of initial period for use. Upon a showing of good cause, the planning manager may extend the period for initially exercising the permit for a maximum of one additional year.
K. Expiration upon discontinuance. If a use established under a conditional use permit is discontinued for any reason for a period of six months, the permit becomes void and the use may not be resumed. Upon applications during the six month period by the owner and upon showing of good cause, the planning manager may grant another extension not to exceed a total of six additional months.
L. Revocation. Failure to comply with the conditions, stipulations or terms of the approval of a conditional use permit is a violation of this code. Repeated offenses shall be cause for revocation of the permit.
M. Grounds for revocation. The planning commission may revoke a permit 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 permitted use.
N. Termination upon change of use. A conditional permit for an established use terminates upon the establishment of a new use.
O. Status of the conditional use permit. A use permit granted pursuant to the provisions of this section shall run with the land and continue to be valid regardless of ownership of the property or structure so long as it operates within the conditions, stipulations, and terms of the permit.
P. Conditional uses upon annexation
1. Purpose. The uses and densities permitted under county zoning and in county zoning districts do not directly correlate to the uses and densities permitted in the most closely comparable town of Marana zoning classifications. Upon annexation, this paragraph P is intended to authorize the council to conditionally permit uses and densities permitted by the county immediately before annexation upon translation of county zoning to the most closely comparable town of Marana zoning classification.
2. Applicability. The special procedures and authority set forth in this paragraph P apply only to the translation of county zoning to town of Marana zoning upon annexation of property.
3. Procedure. Except as specifically set forth below, paragraphs A (purpose) through G (appeal procedure) and I (exercise and use) through K (expiration upon discontinuance) of this section 17-3-2 shall not apply to conditional uses authorized upon annexation pursuant to this paragraph P. Conditional uses granted upon annexation shall be included in the ordinance adopted by council translating county zoning upon annexation.
4. Findings. In determining whether to grant conditional uses upon annexation pursuant to this paragraph P, the council shall consider the factors set forth in paragraph D (findings) of this section.
5. Conditions. Conditional uses permitted by the council upon annexation may include conditions the council deems necessary to mitigate potential impacts and insure compatibility of the use with surrounding development and the town as a whole, including without limitation those conditions set forth in paragraph E of this section.
6. Effect. Paragraphs H (modification of conditional use permits), L (revocation), M (grounds for revocation), and O (status of the conditional use permit) shall apply to conditional uses permitted by the council upon annexation pursuant to this paragraph P.
Ordinance 2021.003 amended paragraphs A, C, E, J, L, O, P.3, P.4, and P.6; replaced paragraphs B.3, B.4, and D.1 through D.10; and restructured paragraphs G.2 and G.3 as G.2 through G.4
Ordinance 2021.004 replaced “planning director” with “planning manager” in paragraphs B, B.4, G.1, I, J, and K