A. Scope.
1. A conditional use may be requested by submitting a conditional use permit application to the planning and development services department. Issuance of the permit is subject to the requirements of this chapter and any requirements of the zone in which the use is being requested;
2. Application for a permit may only be made by the property owner of the subject property or an agent for the property owner.
B. Staff Consultation. The applicant is advised to consult with county staff concerning potential requirements prior to submittal of the application.
C. Application.
1. The complete application shall include, at a minimum:
a. A legal description of the property,
b. A list, by name and title, of all ownership interest in the property (e.g., individual, corporation, trust or limited partnership), in accordance with A.R.S. § 33-506,
c. A letter of authorization for an agent,
d. Applicable permit fees, in accordance with the adopted conditional permit fees schedule,
e. A preliminary development plan in accordance with Section 18.91.030 (Rezoning), which shall show compliance with all other requirements of the zone in which the use is proposed to be located,
f. A floor plan detail, when the request pertains to interior access or use;
g. A biological impact report, including a biological assessment concerning endangered or threatened species, for Type 2 and Type 3 conditional use permit requests.
2. Refer to written departmental policies for application specifics;
3. Incomplete applications shall not be processed;
4. Hearing notification maps shall be prepared only by the department.
D. Permit Hearing Procedure Types.
1. Scope: This subsection establishes the specific procedure types for conditional use applications. The applicable permit procedure shall be referenced after each conditional use in this code.
2. Type 1 procedure: Public hearing by the hearing administrator, with a minimum notification area of three hundred feet from the subject property, except that notice shall be expanded to include owners of property within one thousand feet of the subject property if existing zoning of the subject property is RH, GR-1, SR or SR-2.
3. Type 2 procedure: Public hearings by the hearing administrator and board of supervisors, with a minimum notification area of three hundred feet from the subject property, except that notice shall be expanded to include owners of property within one thousand feet of the subject property if existing zoning of the subject property is RH, GR-1, SR or SR-2.
4. Type 3 procedure: Public hearings by the planning and zoning commission and board of supervisors, with a minimum notification area of three hundred feet from the subject property, except that notice shall be expanded to include owners of property within one thousand feet of the subject property if existing zoning of the subject property is RH, GR-1, SR or SR-2.
E. Public Notice.
1. A minimum of fifteen days prior to a hearing, the planning and development services department shall provide notice by:
a. Posting of the subject property to be considered at the hearing; and
b. Mailing written notice to all property owners within the applicable notification area;
2. Failure of notice: The unintentional failure to give written notice of the unintentional omission of the name of a property owner shall not invalidate an action taken at a hearing.
3. The applicant is responsible for written notice to the United States Fish and Wildlife Service of the pending request. The applicant shall provide staff with written proof of notice to the United States Fish and Wildlife Service at least 15 days prior to the date of the public hearing.
F. Type 1 Permit Hearing.
1. Scope: Within thirty days of proper application, a public hearing shall be held by the hearing administrator on the merits of the application.
2. Public notice: In accordance with Section 18.97.030E.
3. Hearing:
a. After proper public notice, the administrator shall hold a public hearing on the application, at which all interested parties may appear and shall be heard;
b. The administrator may continue a public hearing, for a definite time not to exceed three months, on own initiative or at the request of the applicant or affected property owners;
c. The administrator shall require that the petitioner present information adequate to illustrate that the proposed use meets the following standards:
1) It will not be in serious conflict with the objectives of the general land use plan or the area plan in which situated,
2) It will provide safeguards for the protection of adjacent developed property, or if the adjacent property is undeveloped, the legal permitted uses of such property,
3) It has adequate accessibility to the county road network,
4) It has sufficient off-street parking and loading facilities, that will be developed in accordance with county engineering standards,
5) It will meet county standards in terms of control of noise, smoke, glare or heat, odors, vibrations, fly, ash, dust, fumes, vapors, gasses and other forms of air pollution, liquids and solid wastes,
6) Hours of operation will not be detrimental to adjoining residents,
7) Landscaping will be fully in conformance with zoning code regulations;
d. The administrator may require that additional information be presented.
4. Decision of the administrator: Approval of a conditional use permit shall be subject to the preliminary development plan and any other reasonable requirements deemed necessary by the administrator. The permit shall not be effective until thirty days after the decision or when all requirements of approval have been satisfied, whichever is later.
5. Findings: A report on the findings of the administrator and conditions of the permit shall be available for public inspection within five days of the administrator's decision.
6. Appeals:
a. Any appeal to the board of supervisors of the decision or conditions imposed by the administrator shall be filed within thirty days by the applicant or affected property owners;
b. A public hearing by the supervisors shall be required in accordance with Section 18.97.030(G).
G. Type 2 Permit Hearing.
1. Scope: As required by the conditions of a use, a public hearing shall be held by the board of supervisors after recommendation from the hearing administrator;
2. Recommendation of the hearing administrator:
a. The hearing administrator shall conduct a public hearing in accordance with Type 1 hearing procedures (Section 18.97.030(F)) and thereafter shall prepare a report for the supervisors;
b. The report of the administrator shall, at a minimum:
1) Classify the request as to its conformance with applicable county land use plans,
2) Analyze the expected impact of the proposed development on the site and surroundings including, but not limited to, the expected impact on endangered and threatened species of plants and animals,
3) Contain a recommendation to the board of supervisors,
4) Include the comments and conditions, if any, of other affected county departments and public agencies,
5) Include comments made at the public hearing;
c. The report shall be available for public inspection fifteen days prior to the date of supervisor's public hearing;
3. Transmittal: Within thirty days after the public hearing, the planning and development services department shall transmit the report and recommendations of the administrator to the supervisors;
4. Hearing:
a. After proper public notice (refer to Section 18.97.030(E)), the supervisors shall hold a public hearing on the application, at which all interested parties may appear and shall be heard;
b. The supervisors may continue a public hearing, for a definite time not to exceed three months, on own initiative or at the request of the applicant or affected property owners;
c. The supervisors may require that additional information be presented;
5. Decision of the supervisors: Approval of a conditional use permit shall be subject to the preliminary development plan and any other reasonable requirements deemed necessary by the supervisors. The permit shall be effective when all requirements of approval have been satisfied.
H. Type 3 Permit Hearing.
1. Scope: As required by the conditions of a use, a public hearing shall be held by the board of supervisors after recommendation from the planning and zoning commission;
2. Staff report by the hearing administrator:
a. The hearing administrator shall prepare for the commission a report that shall, at a minimum:
1) Classify the request as to its conformance with applicable county land use plans,
2) Analyze the expected impact of the proposed development on the site and surroundings including, but not limited to, the expected impact on endangered and threatened species of plants and animals,
3) Contain a recommendation to the commission,
4) Include the comments and conditions, if any, of other affected county departments and public agencies;
b. The report shall be available for public inspection fifteen days prior to the date of the commission public hearing;
3. Commission public hearing: The commission shall conduct a public hearing in accordance with Section 18.97.030(F).
4. Transmittal: Within thirty days after the public hearing, the planning and development services department shall transmit the report and recommendations of the administrator and the planning and zoning commission to the supervisors, who shall hold a public hearing in accordance with Section 18.97.030(G)(4).
5. Decision of the supervisors: In accordance with Section 18.97.030(G)(5).
I. Development Plan. The hearing administrator or the board of supervisors may require the property owner to have an approved development plan in accordance with Chapter 18.71 (Development Plan) as a condition for issuance of the conditional use permit if the hearing administrator or board of supervisors finds that the requirement for a development plan would minimize adverse impacts of the proposed development on property owners entitled to notice of the application for the conditional use permit.
J. Time Limits and Time Extensions.
1. Time limit on conditional use approval:
a. Approval for a conditional use shall expire if a conditional use permit is not obtained within nine months of the date of approval;
b. A new conditional use permit application is required after the expiration of the initial approval, unless a time extension has been granted;
c. Appeal from the approval of the use shall suspend the running of the time limit during the period of appeal;
2. Extension of approval time limit:
a. A property owner or the owner's authorized agent may request a single twelve-month time extension for a conditional use approval. A written time extension shall be submitted to the planning division on or before the expiration date of the time limit. A fee equivalent to fifty percent of conditional use permit application shall be paid in accordance with the development services fee schedule.
b. The planning division shall prepare a report on the conditional use permit time extension request in accordance with Chapter 18.97.
c. A noticed public hearing by the hearing administrator is required for time extensions except that Type III conditional use permit time extensions must be heard by the board of supervisors. Notice shall be provided in accordance with Section 18.97.030(E).
3. Time limit on conditional use permits:
a. A conditional use permit shall be valid for the duration of the conditional use, provided the use remains in conformance with the terms of approval;
b. If a conditional use is discontinued for more than twelve months, the permit shall be deemed null and void, and reapplication for a new conditional use permit shall be necessary.
(Ord. 2012-71 § 4, 2013; Ord. 2011-2 § 22, 2011; Ord. 2001-103 § 2, 2001; Ord. 1999-79 § 1 (part), 1999; Ord. 1986-127 § 1 (part), 1986; Ord. 1986-41 § 1 (part), 1986; Ord. 1985-141 § 1 (part), 1985)