§ 1-3-4 Special Use Permits.
A. Special Use Permits shall be obtained for those specific uses identified in Sections 4-1-2 and 4-1-3 of this Ordinance. Applications for a Special Use Permit shall be processed in the same manner as an application to amend the boundaries of a zoning district as set forth in Section 1-3-1 of this Ordinance and as supplemented herein. Applications for Special Use Permits are decided by the City Council following receipt of recommendations from the Planning and Zoning Commission. Special Use Permits may be approved or approved with conditions only upon a finding that the proposed development and/or use reflected in the application submittal for the Special Use Permit:
1. Will be desirable or necessary to the public convenience or welfare; and,
2. Will be harmonious and compatible with other uses adjacent to and in the vicinity of the selected site or sites;
3. Is in conformance with the adopted General Plan and any adopted Area Plans; and,
4. Will not be detrimental to surrounding properties or persons in the area due to:
a. Impact on the circulation system of the adjacent neighborhood;
b. Excessive noise or light generated from within the site;
c. Excessive scale or height in relationship to surrounding properties;
d. Hours of operation;
e. Inadequate parcel size to provide adequate buffers or mitigation measures to surrounding properties;
f. Inconsistency with the development character or architecture of the adjacent properties.
The applicant bears the burden of demonstrating to the City Council’s satisfaction that the forgoing requirements have been met.
The Planning and Zoning Commission may recommend, and the City Council require, such conditions and restrictions, if necessary, upon the height and bulk and area of occupancy of any site approved for a Special Use Permit as may be reasonable under the particular circumstances to ensure compliance with this Ordinance.
B. Applications for a Special Use Permit shall be processed and reviewed in accordance with the procedures set forth in Section 1-3-1 of this Ordinance for processing an application to amend the boundaries of a Zoning District as supplemented herein.
1. Applications for a Special Use Permit shall be filed the Development Services Department on form(s) provided by the Development Services Department and all applicable fees shall be paid when the application is submitted.
a. The application shall include all of the information identified in the application form(s), the information identified in the Administrative Process Manual; the information set forth herein and specified elsewhere in this Ordinance including the information identified in Section 4-1-1 of this Ordinance; and any other data that may be required by the Zoning Administrator that is needed for the review of the Special Use Permit application.
b. The application shall be signed by property owner(s) or an authorized agent of the property owner(s).
2. The Zoning Administrator shall process such application and adhere to the posting and publication requirements specified in Section 1-3-9 and as required by Arizona law and shall comply with the Citizen Review Process provided in Section 1-3-8 of this Ordinance prior to the public hearing before the Planning and Zoning Commission.
a. The Development Review Committee shall review the application submittal. Following the completion of the Committee’s review, the Zoning Administrator shall forward the application submittal with a recommendation for approval, approval with conditions or denial to the Planning and Zoning Commission for review.
3. Requests for a Special Use Permit shall be considered by the Planning and Zoning Commission for the purpose of making a written recommendation to City Council. Following a public hearing at which interested parties and citizens have been heard, the Planning and Zoning Commission shall issue a recommendation to be forwarded to the City Council, recommending approval, approval with conditions or denial of the Special Use Permit application and the reasons for such recommendations. Such recommendation may or may not be consistent with the recommendations of the Development Review Committee.
4. Following the completion of the Planning and Zoning Commission’s review, the Zoning Administrator shall forward the application submittal and the Planning and Zoning Commission’s recommendation to the City Council for final review and decision.
a. The City Council may approve, approve with conditions or deny the application for Special Use Permit. Such recommendation may or may not be consistent with the recommendations of the Planning and Zoning Commission.
b. The City Council may decide the application for Special Use Permit without holding a second public hearing if the City Council intends to adopt the recommendations of the Planning and Zoning Commission without change and there has been no written request for a public hearing by the applicant, by any person appearing in opposition to the Special Use Permit application at the Planning and Zoning Commission, or by any person who filed a written protest to the Special Use Permit application in accordance with state law. If a public hearing is requested as provided herein, the City shall hold a public hearing before deciding the Special Use Permit application. If the City Council does not intend to adopt the Planning and Zoning Commission’s recommendation without change, the City Council shall continue the matter until a public hearing can be scheduled before City Council decides the matter. Notice of the date, time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Planning and Zoning Commission.
c. A Special Use Permit may be granted for a designated period of time with a stated date of expiration or it may be granted for an indefinite period of time.
C. The use authorized by the Special Use Permit shall be established within two (2) years of the date the Special Use Permit was approved by the City Council, unless an extension is obtained as provided herein (“Establishment Period”). A Special Use Permit shall be considered established on the site upon commencement of the use, or commencement of construction pursuant to a valid building permit. If the use authorized by the Special Use Permit is not established within Establishment Period and an extension for the establishment of the use is not obtained prior to the expiration of the Establishment Period, the Special Use Permit approval shall become null and void, in accordance with the following provisions:
1. Upon expiration of the Establishment Period (initial two (2) year period plus and any subsequently granted extension), the Zoning Administrator shall send a notice by certified mail to the property owner and holder of the Special Use Permit advising that the Special Use Permit has expired. If after thirty (30) days the property owner or holder of the permit does not request an extension and provide evidence that the Special Use Permit is still being pursued, the Zoning Administrator shall send a second notice by certified mail to the property owner or holder of the Special Use Permit declaring the Special Use Permit null and void. If an extension has been requested, the Zoning Administrator shall wait to send a final notice of expiration until the application for an extension has been decided. If the application for an extension is denied, the Zoning Administrator shall send a second notice by certified mail to the property owner holder of the Special Use Permit declaring the Special Use Permit null and void.
2. The City Council may authorize a one (1) year extension upon a finding that the establishment of the Special Use Permit is actively being pursued; that special circumstances prevented the property owner or holder of the permit from obtaining a building permit and/or commencing construction; and that no significant changes have occurred either in City ordinances or the immediate area that would have altered the previous Special Use Permit approval.
D. If an application for a Special Use Permit is denied by the City Council, or the application is withdrawn after the Planning and Zoning Commission hearing, the Commission shall not consider an application for the same Special Use within one (1) year from the date of the original hearing.