(A) Purpose and intent.
(1) Every zoning district contains certain buildings, structures and uses of land that are normal and complementary to allowed uses in the district, but are often incompatible with adjacent activities and uses by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets or similar conditions.
(2) It is the intent of this section to permit conditional uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses.
(3) It is the purpose of this section to establish principles and procedures essential to proper guidance and control of such uses. Conditional uses shall be compatible with land uses permitted in a zoning district, and may require the imposition of specific conditions in order to ensure that the number of such uses, their location, design and configuration as may be determined by the Planning and Zoning Commission. Only uses which are authorized as conditional in §§ 154-12-001 through 154-12-003 may be approved as conditional uses. Each proposed conditional use shall be evaluated by the Commission for compliance with the standards and conditions set forth in this section and for each zoning district.
(B) Application and review process.
(1) An application for a conditional use permit shall be submitted along with the required number of development plans to the Community Development Director on forms provided by the town with all the supporting applicable requirements of §§ 154-09-008 and 154-09-009.
(2) Each application shall be reviewed by the Community Development Director in conjunction with other appropriate town departments. The Director shall forward a staff report and recommendation to the Commission.
(3) The Commission shall hold a public hearing on the application for the conditional use permit, approving with or without conditions, or disapproving the application within 30 calendar days of the public hearing unless additional time is necessary and shall forward its decision to the applicant in writing.
(C) Standards of review. To ensure that the proposed use will be compatible with the surrounding area, to ensure the provision of the appropriate off-site improvements and that any modification of the development plan imposed by the Commission will be complied with, a conditional use permit shall be issued only when the Commission finds that the applicant has adequately addressed the following:
(1) Access and traffic; pedestrian, bicycle and vehicular circulation.
(2) Noise, light, visual, litter and other pollutants.
(3) Buffering provisions.
(4) Impact on public utilities.
(5) Signage and outdoor lighting.
(6) Compliance with General Plan.
(7) Dedication and development of streets adjoining the property.
(8) Impact on historical/archeological or natural sites.
(9) Impact on the native vegetation and ecological character of the site.
(10) Water and air pollution, such as fill, dust, and smoke.
(11) Any other factors necessary to assure that the proposed use is compatible and not detrimental to the surrounding land uses.
(D) Decision, effect, appeal.
(1) Decision. The Commission may disapprove or approve with conditions an application for a conditional use permit. The conditions may include, but are not limited to:
(a) Limitations on size, bulk and location of structures;
(b) Requirements for additional landscaping or buffering;
(c) Provisions for adequate ingress and egress;
(d) Duration of the permit;
(e) Hours of operation;
(f) Time limits on the issuance of a certificate of occupancy. An extension may be granted by the Commission and shall be valid for a maximum of six months;
(g) Mitigation of any adverse impacts; and
(h) Any other condition that furthers the General Plan or policies adopted by the Council.
(2) Effect of approval.
(a) Issuance of a permit for a conditional use shall apply only to the particular use and site plan for which issued, and such approval shall be deemed to run with the land. The applicant shall be required to follow the provisions of this section for any additional applicable permits prior to proceeding with development or implementation of additional uses for subject property.
(b) All such conditions and approvals shall be binding on the applicant(s), their successors and assigns. The applicant shall also be required to sign the conditional use permit, have it notarized and recorded by the town in the office of the Gila County Recorder.
(3) Appeals. Any person aggrieved by a decision of the Commission to approve or disapprove a conditional use permit may file a letter of appeal to the Council within 30 calendar days of the decision. If a decision of the Commission on a conditional use permit is appealed, the Town Council shall conduct a public hearing as soon as is reasonably practical in accordance with provisions of § 154-09-009. The Town Council may reverse, affirm or modify the decision of the Commission following the conclusion of the public hearing.
(E) Compliance review. The Community Development Director shall review all conditional use permits and report to the Commission if the conditions of the permit have not been met. If the conditions have not been met the Commission shall notify the permit holder and shall set the matter for a public hearing. If at the conclusion of the public hearing the Commission finds that the conditions have not been met the conditional use permit may be modified or revoked.
(Ord. 466, passed 2-22-96)