A.

Each district in the town contains designated permitted uses available as a matter of right. In addition to the designated uses in each district, there are conditional uses, neither absolutely permitted as a right nor prohibited by law, which may be compatible within the district. These are privileges, in a sense, which must be applied for and approved by the planning and zoning commission.

B.

It is the intent of this chapter to provide a set of procedures and standards for conditional uses of land or structures which, because of their unique characteristics relative to locational features, design, size, operation, circulation and public interest or service, require special consideration in relation to the welfare of adjacent properties and the community as a whole. It is the purpose of the regulations and standards set forth in this chapter to:

1.

Allow, on one hand, practical latitude for utilization of land and structures, but at the same time maintain adequate provision for the protection of the health, safety, convenience and general welfare of the community and adjacent properties; and

2.

Provide machinery for periodic review of conditional use permits to provide for further conditions to more adequately assure conformity of such uses to the public welfare.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

The commission may approve, approve with conditions, or deny the application for a conditional use permit. In permitting a new conditional use or the alteration of an existing conditional use, the commission may impose, in addition to those standards and requirements expressly specified by this title additional conditions which it finds necessary to avoid a detrimental environmental impact and to otherwise protect the best interest of the surrounding area or the community as a whole. These conditions may include but are not limited to the following:

A.

Limiting the manner in which the use is conducted including restricting the time a certain activity may take place and restraints to minimize such environmental effects as noise, vibration, air pollution, glare and odor;

B.

Establishing special yard, open space, lot area or dimensional requirements;

C.

Limiting the height, size or location of a building or other structure or use;

D.

Designating the size, number and location and nature of vehicle access points;

E.

Designating the size, location, screening, drainage, surfacing or other improvements of a parking area or loading area;

F.

Limiting or otherwise designating the number, size, location, height and lighting of signs;

G.

Limiting the intensity of outdoor lighting and require its shielding;

H.

Requiring diking, screening, landscaping or another facility to protect adjacent or nearby property and designate standards for its installation and maintenance;

I.

Designating the size, height, location of screening and materials for a fence;

J.

Protecting and preserving existing trees, vegetation, water resources, wildlife habitat or another significant natural resource.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

The provisions of this chapter are designed to provide siting criteria for the conditional uses specified in this title and guidelines for the imposition of additional conditions not specifically provided for in this chapter, to the end that such uses will:

1.

Be consistent with the intent and purpose of the district in which it is proposed to locate such use, meet the requirements of the general plan with regard to providing benefit to the general welfare of the public, and fill a probable need of the public which can best be met by a conditional use at this time and in this place;

2.

Comply with the requirements of the district within which the conditional use is proposed and in accordance with conditions attached to such use under the authority of this title.

B.

Conditional uses shall be located subject to the following specific standards:

1.

Buffering, screening or other means shall be used where necessary to protect the privacy and safety of neighboring properties;

2.

Solid waste landfills and transfer stations, natural gas storage, sewage treatment plants and electrical generating facilities shall not be in or adjacent to established residential areas;

3.

Solid waste landfills, transfer stations, natural gas storage, sewage treatment plants and electrical generating facilities will not provide access from local residential or collector streets. Recycling centers, water reservoirs, telephone communication and switching facilities, runoff detention facilities and town or county maintenance facilities shall not provide access from local residential streets;

4.

The site layout promotes energy conservation and user convenience as well as operation efficiency;

5.

The site layout conforms to the established street and circulation pattern;

6.

Noise levels and lights from the facility will not interfere with adjacent land uses.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

A request for a conditional use, modification of an existing conditional use permit, or a review of an existing conditional use permit shall be initiated by a property owner or his authorized agent or a potential property owner by filing an application with the community development director. Such application shall include full information regarding the proposed locations, area, height, bulk and placement of such use and shall be accompanied by a site plan prepared in accordance with the provisions of this chapter.

B.

The community development director shall review each application for technical compliance with established application requirements and shall formally accept or reject the application within three working days.

(Ord. No. 2013-04, Exh. A, 5-7-2013; Ord. No. 2024-05, § Exh. A, 11-19-2024)

Upon filing an application for a conditional use permit, the applicant shall pay a filing fee in an amount established by a schedule adopted by resolution of the town council and filed in the office of the town clerk. No part of the filing fee shall be returnable. Payment of the filing fee shall be waived when the petitioner is the town, county, state or federal government.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

All applications for a conditional use permit shall be considered by the planning and zoning commission at a public hearing. Notice of the meeting shall be posted on the property and published in the official newspaper of the town no less than fifteen days prior to the hearing. The notice shall also be mailed ten days prior to the hearing to the following:

A.

All owners of land lying within three hundred feet of the boundaries of the land subject to the application. For purposes of the calculation of this notice area:

1.

Public rights-of-way shall be excluded in determining the extent of the notice area, and

2.

Adjoining land under the same ownership as the land subject to the application shall be included in determining the boundaries from which the notice area is measured;

B.

Any person or organization who files with the planning and zoning department a request to receive such notice upon payment of a five-dollar-per-year fee;

C.

Applicable adjoining political subdivisions where the property that is the subject of the application abuts the town boundary;

D.

Such other persons as the community development director determines are likely to be affected by the proposed use;

E.

The notice shall contain:

1.

A description of the proposed use and its location,

2.

The place and time of the public hearing at which comments on the proposed use must be filed.

F.

As per Arizona Revised Statutes.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

After a public hearing advertised and conducted in accordance with the provisions of this chapter, the commission may approve, approve with conditions, or deny the application for a conditional use provided that the applicant provides evidence substantiating that all the requirements of this title relative to the proposed use are satisfied, and further provided that the applicant demonstrates that the proposed use also satisfies the following criteria:

1.

The characteristics of the site are suitable for the proposed use, considering size, shape, location, topography, existence of improvements and natural features;

2.

The proposed development is timely, considering the adequacy of transportation systems, public facilities and services existing or planned for the area affected by the use;

3.

The proposed use will not alter the character of the surrounding area in any manner that substantially limits, impairs or precludes the use of surrounding properties for the primary uses listed in the district;

4.

The proposed use will not cause:

a.

Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination;

b.

Hazard to persons and property from possible explosion, contamination, fire or flood;

c.

Hazard occasioned by unusual volume or character of traffic.

5.

The proposed use is evidenced by:

a.

The character of the proposed building and site;

b.

A demonstrated need of such use.

6.

The burden of proof for satisfying the aforementioned requirements shall rest with the applicant. A refusal of a use permit shall not be interpreted as the denial of a right, conditional or otherwise;

7.

The proposed use satisfies those goals, objectives and policies of the general plan that are applicable to the proposed use, and carry out the intent of this title.

B.

Written notice of the commission's decision shall be provided by the community development director to:

1.

The applicant.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

Every conditional use permit issued shall be personal to the permittee and applicable only to the specific use and to the specific property for which it is issued. Upon completion and final inspection by the community development director of any authorized structures, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the conditional use permit shall thereafter be transferable and shall run with the land, unless specifically stated otherwise. The maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this title shall be the responsibility of the property owner.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

If the commission approves the application, it shall direct the community development director to issue a conditional use permit setting forth all conditions and requirements governing such use, shall make the approved site plan a part of the record of the case, and shall report its actions to the council at their next regular meeting. Failure of the applicant to comply with the conditions and safeguards which are a part of the terms under which a conditional use permit is granted shall be deemed a violation of and punishable under this title.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

Use permits become effective fifteen days after approval by the commission, but in the event an appeal is filed, said permit shall not become effective until the town council arrives at a decision.

B.

Any use permit issued by the commission shall be commenced within six months from the date of approval, and diligently pursued, otherwise it shall become null and void. The commission shall establish a time limitation for all use permits and at the termination of this time limit, the commission shall reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated.

C.

No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot or parcel of land within a period of one year from the date of denial or revocation of said use permit.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

Any previously granted conditional use permit may be revoked by the planning and zoning commission after a hearing conducted in the same manner required for approval of a conditional use permit initially, upon any one of the following grounds:

1.

Failure to comply with the conditions of approval;

2.

Discontinuance of the use for a period in excess of one year;

3.

Failure to comply with other applicable provisions of the general plan regarding design, dimensional or use requirements;

4.

A change in the general plan or standards of the district within which the use is located that have the effect of no longer allowing a new conditional use permit application to be considered in such district.

B.

Revocations initiated under subsection A.1., 2. of this section, shall not be initiated for at least six months after approval of the conditional use permit. Revocations initiated under subsections A.1. through 3. of this section, shall have the effect of making the previously granted conditional use permit void until a new application is submitted and granted. Revocations initiated under subsection A.4. of this section, shall have the effect of making the previously granted conditional use a nonconforming use.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

Unless otherwise provided by the commission in writing, granting approval of the conditional use permit, a conditional use permit shall automatically become null and void six months after the effective date upon which it was granted unless one of the following events occur:

1.

The applicant or his successor in interest has secured a building permit within said time period, if a building permit is required, applicant has actually commenced construction of the building or structure authorized by the permit within said time period;

2.

The applicant or his successor in interest has commenced the activity or installation of the facility or structure authorized by the conditional use permit within said time period.

B.

The applicant may submit a request to the commission for an extension of time on the conditional use permit to avoid the permit's becoming null and void. The request for extension must be filed with the community development director prior to the expiration of the permit. The commission may, in writing, at the time of granting such permit, provide for an extension of time beyond a six-month period.

(Ord. No. 2013-04, Exh. A, 5-7-2013)

A.

Any Eagar resident or adjacent property owner may file an appeal with the town council over any decision of the commission regarding the granting, or denying of a conditional use permit. If no appeal is filed with the town council within fifteen days after commission action, the action of the commission shall be considered final.

B.

When written appeal is filed with the town clerk, the council shall evaluate the request at their regular meeting and may approve or deny it. The council may elect to set the matter for a public hearing, and if such action is taken, a legal notice shall be published in the same manner as the action being appealed from. Notice shall be given to the commission of such appeal and the commission shall submit a report to the council setting forth the reasons for its action. The commission shall be represented at the hearings by the commission chair or his designee.

C.

The council shall, within fifteen days after their regular meeting or public hearing, either, uphold the action of the commission, reverse that action or make a decision of its own.

D.

If the town council makes a decision which upholds the granting of the permit, the council may designate such conditions in connection with the permit as it deems necessary to secure the intent and purpose of this title, and require such guarantees and evidences that such conditions are being, or will be, complied with.

E.

The council's decision shall be final and shall become effective immediately. Notice of the decision shall be mailed to the applicant at the address shown in the application.

(Ord. No. 2013-04, Exh. A, 5-7-2013; Ord. No. 2024-05, § Exh. A, 11-19-2024)