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Copper Canyon City Zoning Code

ARTICLE 3

CONDITIONAL USES

§ 3-101 Authorization to Grant or Deny Conditional Uses.

Uses designated in this Ordinance as “Conditional Uses” shall be permitted or enlarged or altered upon recommendation by the Planning and Zoning Commission and approval by the Town Council after a public hearing, all in accordance with the standards and procedures specified in this Article. In permitting a conditional use, the Town Council may impose, in addition to the regulations and standards expressly specified by this Ordinance, other conditions found necessary to protect the best interest of the surrounding property or neighborhood or the municipality and its jurisdiction, as a whole. These conditions may include requirements, increasing the required lot size or yard dimensions, increasing street widths, controlling the location and number of vehicular access points to the property, increasing the number of off-street parking or loading spaces required, limiting the number of signs, limiting the coverage or height of buildings because of obstruction to view and reduction of light and air to adjacent property, requiring screening and landscaping where necessary to reduce noise and glare and maintain the property in a character in keeping with the surrounding area, and requirements under which any future enlargement or alteration of the use shall be reviewed by the Town Council and new conditions imposed. Change in use, expansion or contraction of site area, or alteration of structures or uses classified as conditional existing prior to the effective date of this Ordinance shall conform to all regulations pertaining to conditional uses.

§ 3-102 Application for a Conditional Use.

A request for a conditional use or modification of any existing conditional use may be initiated by a property owner or his authorized agent by filing an application with the Town Secretary upon forms prescribed for the purpose. The application shall be accompanied by site plan, drawn to scale, showing the dimensions and arrangement of the proposed development, and by a fee established annually by the Town Council to cover the cost of advertising and processing. The Planning and Zoning Commission and/or Town Council may require other drawings or material essential to an understanding of the proposed use and its relationship to surrounding properties and if necessary require an additional fee to cover any additional costs made necessary by unusual circumstances and more than ordinary review being provided by the Town or authorized personnel.

§ 3-103 Planning and Zoning Commission Review and Recommendation.

Within sixty (60) days after filing of the application, the Planning and Zoning Commission shall review the application and recommend approval, conditional approval, or disapproval to the Town Council. The recommendation shall be transmitted to the Town Council and applicant within seven (7) days.

§ 3-104 Public Hearing on a Conditional Use.

A proposed conditional use shall be considered by the Town Council at a public hearing held within forty-five (45) days after receiving the Planning and Zoning Commission’s recommendation. Notice of the hearing shall be given in the following manner:
(A) 
Before the tenth (10) day before the hearing date, written notice of each public hearing before the Planning and Zoning Commission on a proposed change in a zoning classification, including the granting of a conditional use, shall be sent to each owner, as indicated by the most recently approved Town tax roll, of real property within two hundred (200) feet of the property on which the change in classification is proposed. The notice may be served by its deposit in the Town, properly addressed with postage paid, in the United States mail.
(B) 
If the property within two hundred (200) feet of the property on which the change is proposed is located in territory annexed to the Town and is not included on the most recently approved Town tax roll, notice of the Commission’s public hearing shall be given of the time and place of the hearing by publication before the fifteenth (15) day before the date of the hearing in an official newspaper or a newspaper of general circulation in the Town. Upon receipt of the final report of the Planning and Zoning Commission, the Town Council shall conduct a public hearing on the proposed change, provided that before the fifteenth (15) day before the date of the hearing, notice of the time and place of the hearing must be published in an official newspaper or a newspaper of general circulation in the Town.

§ 3-105 Recess of the Hearing.

The Town Council may recess a hearing on a request for a conditional use in order to obtain additional information or to serve further notices upon other property owners or persons who it decides may be interested in the proposed conditional use. Upon recessing for this purpose, the Town Council shall announce the time and date when the hearing will be resumed.

§ 3-106 Action on a Conditional Use.

The Town Council may approve, conditionally, or disapprove a request for a conditional use. A file containing a written record of the action taken by the Town Council with regard to conditional uses shall be maintained by the Town Secretary.

§ 3-107 Notification of Action.

The Town Secretary shall notify the applicant for a conditional use in writing of the Town Council’s action within seven (7) days after the decision has been rendered.