CONDITIONAL USE PERMIT
Prior legislation: Prior code 5-4.
The purpose of the conditional use permit is to allow integration of uses into the community which may only be suitable in specific locations, or because of unusual operational or physical characteristics that require special consideration, or only if such uses are designed or developed to assure maximum compatibility with adjoining uses.
Conditions may be applied to the issuance of the permit such that the proposed land use would not be detrimental to persons residing or working in the vicinity, adjacent property, the neighborhood, or the public welfare in general. Under no circumstances shall any of the conditions of development be reduced below the minimum standards that are imposed upon any permitted land use within a given zoning district. A conditional use permit may be granted only for those land uses expressly listed as such, and only after the Planning Commission has made a recommendation, and the Town Council has authorized such use as evidenced by resolution. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on )
The Clarkdale Town Council, as the Town’s governing body, retains final authority to approve, deny, approve with conditions or modified conditions, all applications for a conditional use permit. (Revised by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on )
A. A preapplication meeting is mandatory. The purpose of the preapplication meeting is to:
1. Provide staff with an opportunity to review and comment on proposals prior to submittal.
2. Discuss the development review process and required submissions with the applicant.
3. Identify issues that need to be resolved in future submissions.
4. Make the applicant aware of any opportunities for coordinating the development with community policies, programs, or facilities.
5. Applicants shall provide the information as indicated in Table 1 of Section 11-040, Submission Requirements.
B. Application. Persons applying for a conditional use permit will be required to submit a preapplication meeting request, including a letter of intent, a site plan and supporting documentation. These materials shall be submitted to the Community Development Department. The Community Development Director or designee shall determine if the application is complete. If the application is complete, the Community Development Director or designee will notify the applicant by electronic communication. A deposit toward potential outside consultant fees incurred by the Town in the processing and review of a submittal shall be required per Article 3-4 of the Town Code.
1. If the application is determined to be incomplete, the Community Development Director or designee shall notify the applicant by electronic communication that the application is incomplete, and specify the additional materials required to make the application complete.
2. After the application has been accepted as complete the Community Development Department will distribute copies of the submittal to the following:
a. Community Development Director; and
b. Public Works Director; and
c. Town Engineer; and
d. Water Resources Manager; and
e. Chief of Police (or designee); and
f. Fire Chief (or designee); and
g. Building Inspector; and
h. Flood Control: and
i. Yavapai County Health Department; and
j. Any other agency or municipality that Town staff deems necessary; and
k. Representatives from the following may be included at the discretion of the Community Development Director:
i. School districts; or
ii. Arizona Public Service (APS); or
iii. Unisource; or
iv. Arizona Department of Transportation (ADOT); or
v. Arizona Department of Game and Fish; or
vi. United States Forest Service; or
vii. Yavapai County; or
viii. Others as determined by the Community Development Director.
3. The Community Development Department may hold an on-site inspection of the site to review the existing conditions, verify the information submitted, and investigate the proposal.
4. Following receipt of the comments from the various departments and agencies, the Community Development Director or designee shall forward one (1) complete copy to the applicant via electronic communication.
C. Application shall include a letter of intent, a site plan, supporting documentation, and a non-refundable application fee. A deposit toward potential outside consultant fees incurred by the Town in the processing and review of an application shall be required per Section 3-4 of the Town Code.
1. Public Hearing Required. The Town Planning Commission shall hold a public hearing on all conditional use permit applications. Notice of the date, time and location of the hearing, including a general explanation and the general location of the matter to be considered, shall be given at least fifteen (15) days before the hearing in the following manner:
a. The notice shall be published at least once in a newspaper of local circulation. A notice shall be posted on the property at a strategic location. The notice shall include: present zoning classification, proposed use, date, time and location of the hearing.
b. In proceedings involving conditional use permit applications which abut other municipalities or unincorporated areas, or combinations thereof, copies of the notice of public hearing shall be transmitted to the planning agency of such governmental agency.
c. The Town shall notify, by first class mail, those property owners of record within three hundred (300) feet of any boundary on which the proposed conditional use might occur.
d. Notwithstanding the notice requirements set forth herein, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of a municipality for which notice was given.
2. Planning Commission Public Hearing and Action. After the hearing, the Planning Commission shall present a written recommendation to the Town Council. The Commission’s written recommendation shall contain the reasons or finding upon which its decision is based.
3. Town Council Action. The Town Council may adopt, deny or modify the decision of the Planning Commission with or without holding a second public hearing. Whichever route is taken, notice of the time, place, and location of the meeting shall be given in the same manner specified above. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 5-050)
The Planning Commission shall make findings based on the following elements as they apply to the case:
A. Applicable Regulations. Those conditions necessary to assure compatibility of the development of the land in question will be consistent with the purpose of the Zoning Ordinance, Town of Clarkdale General Plan, other statutes, and any ordinance or policies that may be applicable.
B. Bulk Regulations. The site is adequate in size and topography to accommodate proposed use, population density, building height, lot coverage, setbacks, spaces, landscaping, fences, and parking. That these elements are compatible with the general character of development in the vicinity of the proposed conditional use and are adequate to properly relate the proposed use with the existing land uses in the vicinity.
C. Performance. The location, design and operation characteristics of the proposed use are such that it will have minimal adverse impact on the livability, public health, safety, or welfare of persons residing or working in the vicinity, to adjacent property, or to the public welfare.
D. Traffic Impacts. The provisions for ingress and egress, public streets and traffic circulation are adequate, or can be upgraded through street improvements as a condition of approval.
E. Landscaping. Landscaping, and/or fencing of the proposed development, assures that the site development will be compatible with adjoining areas and with the intent of Town policies.
F. Nuisance. The proposed use will not create a hazard to persons and property from possible explosion, contamination, fire or flood. The use will not create a nuisance arising from but not limited to noise, smoke, odors, dust, vibration, signage or illumination. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 5-050)
All conditional use permits, including those that require that the applicant and/or developer obtain a building permit, shall meet minimum requirements of all Town ordinances, restrictions, regulations, and policies of the Town of Clarkdale which are in effect at the time of issuance of the conditional use permit. Compliance with the following is a condition of the use permit, including but not limited to:
A. Consistency with the General Plan.
B. Sanitary waste improvements.
C. Street and/or sidewalk improvements.
D. Fire protection measures.
E. Utility service improvements.
F. Amount, type and location of outdoor lighting and signage.
G. Off-street parking area, aisles and access drives shall be designed and constructed so as to provide a durable, stabilized surface with dust control measures.
H. Storm drainage improvements, based on a drainage report prepared by a licensed engineer, and approved by the Town Engineer.
I. Water service improvements.
J. Hours of operation.
K. Access.
L. Landscaping standards.
M. Compliance with applicable federal, state and local regulations. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 5-060)
It is the intent of this section that a conditional use permit, once it is granted and meets all the conditions and restrictions imposed as a condition of approval, shall constitute restrictions running with the land and shall be adhered to by the owner of the land, and all successors or assigns. The use permit can be considered automatically void without Town Council action if one (1) or more of the following actions have occurred:
A. Implementation of the use permit has not commenced within one (1) year of the effective date of the use permit.
B. The project does not conform to the originally approved site plan. (See Modification of a conditional use permit.) (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 5-070)
A. Use permits granted in accordance with the provision of this code may be revoked if the conditions of operation imposed in the approval and issuance of the use permit have not or are not being complied with. The Community Development Director or designee shall notify the permittee to correct the violation within fifteen (15) days after notification. If the violation is not remedied the permit shall be considered for revocation at a public hearing by the Planning Commission at their next regularly scheduled meeting.
B. Application for a revocation shall be made on a form available from the Town’s Community Development Department. Application shall include: a letter of intent, a site plan, supporting documentation, and a nonrefundable application fee. A deposit toward potential outside consultant fees incurred by the Town in the processing and review of an application shall be required per Section 3-4 of the Town Code.
1. Public Hearing Required. The Town Planning Commission shall hold a public hearing on the revocation. Notice of the date, time and place of the hearing, including a general explanation and the general location of the matter to be considered, shall be given at least fifteen (15) days before the hearing in the following manner:
a. The notice shall be published at least once in a newspaper of local circulation. A notice shall be posted on the property at a strategic location. The notice shall include the following: present zoning classification, proposed use, date, time and location of the hearing.
b. In proceedings involving revocations which abut other municipalities or unincorporated areas, or combinations thereof, copies of the notice of public hearing shall be transmitted to the planning agency of such governmental unit.
c. The Town shall notify, by first class mail, those property owners of record within three hundred (300) feet of any boundary on which the proposed conditional use might occur.
d. Notwithstanding the notice requirements set forth herein, the failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of a municipality for which notice was given.
2. Planning Commission Public Hearing and Action. After the hearing, the Planning Commission shall present a written recommendation to the Town Council. The Commission’s written recommendation shall contain the reasons or finding upon which its decision is based.
3. Town Council Action. The Town Council may adopt, deny or modify the decision of the commission with or without holding a second public hearing. Whichever route is taken, notice of the time, place, and location of the meeting shall be given in the same manner specified above (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 5-080)
In the event that the use for which a conditional use permit was sought is not achieved within one (1) year, the permit may be renewed for an additional one (1) year period. Application for renewal of any conditional use permit will be contingent upon the following action occurring:
A. Before the expiration date, a letter from the property owner, or designee, requesting a renewal of the conditional use permit is submitted to the Community Development Director for consideration by the Planning Commission and Town Council in accordance with the procedures outlined within Section 5-030.C.
B. A new application fee has been paid.
C. One (1) extension of no more than one (1) year may be granted by the Town Council. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 5-090)
A conditional use permit shall be deemed abandoned upon the occurrence of certain events, including but not limited to: vacancy of the property for one hundred eighty (180) consecutive days; cessation of the approved use; or any action determined by the Town of Clarkdale to constitute voluntary discontinuance of the permit. The conditional use permit shall be considered null and void without Town Council action. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 5-100)
A. Minor deviations of the site plan may be approved by the Community Development Director or designee. Major deviations, from the originally approved site plan, shall be subject to re-application for a conditional use permit.
B. Minor changes in the site plan may be approved by the Community Development Director as long as such changes will not cause any of the following circumstances to occur:
1. A change in the character of the development.
2. An increase in the number of dwelling units.
3. A change that creates an increase in vehicular traffic.
4. A change of the vehicular ingress or egress patterns.
5. Proposed reduction to any of the required setbacks.
6. Proposed increase in lot coverage as authorized by the zoning district.
7. Any proposed increase or reduction of the required off-street parking and loading spaces.
8. Proposed change necessitates public dedication of rights-of-way either as streets, alleys, public ways, drainage or utility easements.
9. Increase in the intensity of use. (Renumbered by Ordinance #454 on 5/12/26; effective 6/11/26; by Prior Code on . Formerly 5-110)
Decisions of the Town Council are final and conclusive and are not subject to administrative appeal under this chapter, as they are the acting Board of Adjustment. Any person aggrieved by a final decision of the Town Council under this chapter may file a complaint in the Superior Court of Yavapai County, Arizona, within thirty (30) days after the decision is rendered to seek judicial review, in accordance with A.R.S. § 9-462.06(K). The filing of a complaint does not stay proceedings on the decision unless the court grants a stay upon petition. Upon final review, the court may affirm, reverse or modify the decision, in whole or in part. (Created by Ordinance #454 on 5/12/26; effective 6/11/26)