The commission and the supervisors recognize and permit certain uses that because of their inherent nature, extent and external effects require special care in the control of their location, design and methods of operation to ensure that their location in a particular district is appropriate, to ensure the use is made compatible with the permitted uses in a specific zoning district or other adjacent permitted uses which may be adversely affected and to ensure the public health, safety and general welfare are protected. Such uses are designated as special uses and allowed only with a special use permit (SUP). This section sets forth procedures for submitting, reviewing and approving an application for a special use permit and for the issuance of such permits.

A.

Special uses.

1.

The following list of special uses is for consideration only for the following zoning districts: SR, SH, CAR, GR, CR-1A, CR-2, CR-3, CR-4, CR-5, TR, CB-1, CB-2, CI-B, CI-1, CI-2, MH, RV, MHP, and PM/RV.

a.

Airport, heliport or landing field.

b.

Amusement park or outdoor theater.

c.

Cemetery or mausoleum.

d.

Circus or carnival grounds.

e.

Community building or recreation field.

f.

Hospital, clinic or institution, nursing home, convalescent home, group home of 11 or more residents and assisted living center. An "assisted living center" is defined as a residential care institution that provides or contracts to provide supervisory care services, or directed care services for 11 or more residents. No such nursing home, convalescent home, group home or assisted living center shall be located on a lot with a property line within 1,200 feet, measured in a straight line in any direction, of the lot line of another such facility.

g.

Medical marijuana dispensary. A medical marijuana dispensary is permitted as a conditional use subject to the conditions as set out in chapter 2.191 PCDSC.

h.

Privately and commercially operated recreational lake, swimming pool or tennis court.

i.

Public or governmental buildings.

j.

Race track.

k.

Signs.

l.

Sport arena.

m.

Stable.

n.

Zoo, public or private.

o.

Such other uses as the planning commission may deem appropriate in the public interest.

2.

Special uses for zoning districts RU-10, RU-5, RU-3.3, RU-2, RU-1.25, R-43, R-35, R-20, R-12, R-9, R-7, MD, MR, AC-1, AC-2, AC-3, O-1, O-2, C-1, C-2, C-3, I-1, I-2, I-3, MH-8, MHP-435, PM/RVP-435 will be found under the specific zoning district. If a special use is not listed in a specific zoning district, it is prohibited.

B.

SUP general provisions.

1.

A special use permit is granted at the discretion of the supervisors, and nothing in this title shall be construed to require the granting of a special use permit.

2.

A special use is not a matter of right and refusal to grant a special use permit is not the denial of a right.

3.

An SUP granted prior to February 18, 2012, shall be permitted to continue; provided, that it is operated and maintained in accordance with the conditions prescribed at the time it was granted, if any.

4.

An SUP granted under the provisions of this section runs with the land covered by the SUP and shall be binding on the property owner and where applicable also the lessee of the property covered by the SUP.

5.

An SUP authorizes a use to be developed in a particular way as specified by the permit and its conditions.

6.

An SUP imposes on the applicant the responsibility of ensuring that the authorized special use continues to comply with the conditions of the permit as long as the permit remains valid.

7.

An SUP shall be valid for the duration of the special use, provided the use remains in conformance with the conditions of approval and is not discontinued for 12 consecutive months.

8.

Issuance of an SUP does not relieve the applicant from the responsibility of obtaining site plan approval, a building permit or any other permit or approval required by any other applicable law.

9.

The SUP process cannot be used to eliminate or modify an entire PAD overlay zoning district and/or the uses within the PAD overlay zoning district.

C.

Conformity with comprehensive plan. An SUP shall be consistent with and conform to the comprehensive plan. In the case of uncertainty in constructing or applying the conformity of any part of a proposed SUP to the county's comprehensive plan, the proposed SUP shall be construed in a manner that will further the implementation of and not be contrary to the goals, policies and applicable elements of the comprehensive plan. Among the zone classifications listed in PCDSC 2.15.040 which have special uses listed in the individual zoning districts, those special uses with the conditions attached by the supervisors will be considered in conformity with the comprehensive plan as long as the subject zoning district is in conformity with the comprehensive plan.

D.

Initiation of SUP. Application for an SUP may be made by:

1.

The property owner or the property owner's authorized agent.

2.

The lessee of the property or the lessee's authorized agent.

E.

Amendment to the comprehensive plan. An SUP application requiring an amendment to the comprehensive plan shall not be approved until the necessary comprehensive plan amendment has been approved by the supervisors and the referendum period for the comprehensive plan amendment expired; or if a referendum petition is filed, when the comprehensive plan amendment is successfully defended against the referendum.

F.

Restriction on application. An SUP application shall not be accepted for processing for any special use where that special use was part of a special use permit application on the same property and for the same or substantially the same special use that was denied by the supervisors in the previous six months.

G.

Withdrawal of application. After submittal and acceptance of a completed application, the applicant, without any action by the supervisors, may withdraw the SUP application up to the time the notice of the supervisors' public hearing on the SUP application has been published. After the notice of the public hearing has been published, the applicant may make a request to the supervisors to withdraw the rezoning application. The supervisors, at their discretion, may grant the withdrawal request or hear the SUP application.

H.

Pre-application meeting. Prior to filing an application, the applicant or the applicant's authorized agent shall attend a pre-application meeting with the planning and development department and other appropriate county staff to familiarize staff with the proposed special use and identify and discuss any issues related to the proposal and to review the application requirements. The pre-application meeting shall not be interpreted as staff approval for the proposed special use and does not commit the county to approving any proposed special use.

I.

Pre-application submittal.

1.

An SUP pre-application shall contain all information and documentation that is identified on the application form provided by the county and checklist provided at the concept review meeting and shall:

a.

Identify the applicant.

b.

Describe the proposed special use.

c.

Provide justification of compliance with the comprehensive plan.

2.

An SUP application shall be accompanied by:

a.

A nonrefundable filing fee in accordance with the fee schedule adopted under the authority of PCDSC 2.160.050.

b.

Either a preliminary site plan or specific site plan for the proposed special use or uses as required in chapter 2.200 PCDSC. If the site plan is a preliminary site plan it shall be drawn to scale, showing structures, heights, property lines, lot sizes, setbacks, adjacent roads, yards, parking and traffic flow, drainage, proposed sign location and design, location of leach fields or sewers, and any other information needed to properly evaluate the request.

c.

Building floor plans and elevations of the proposed improvements, in detail.

d.

A written statement accompanied by data demonstrating:

i.

That there are special circumstances or conditions applicable to the location of the property referred to in the application, which would make the proposed special use appropriate on this property, though not in the zoning district at large.

ii.

That the specific treatment of the proposed special use will not contribute to a worsening of traffic safety or otherwise have a negative impact on nearby properties or otherwise affect the health and safety of persons residing or working in the area.

e.

Information addressing the factors listed for consideration in subsection (O) of this section.

J.

Application submittal.

1.

An SUP application shall contain all information and documentation that is identified on the application form provided by the county and checklist provided at the concept review meeting and shall:

a.

Identify the applicant.

b.

Describe the proposed special use.

c.

Provide the legal description of the real property where the proposed special use will be located.

d.

Provide justification of compliance with the comprehensive plan.

2.

An SUP application shall be accompanied by:

a.

A nonrefundable filing fee in accordance with the fee schedule adopted under the authority of PCDSC 2.160.050.

b.

Either a preliminary site plan or specific site plan for the proposed special use or uses as required in chapter 2.200 PCDSC. If the site plan is a preliminary site plan it shall be drawn to scale, showing structures, heights, property lines, lot sizes, setbacks, adjacent roads, yards, parking and traffic flow, drainage, proposed sign location and design, location of leach fields or sewers, and any other information needed to properly evaluate the request.

c.

Building floor plans and elevations of the proposed improvements, in detail.

d.

All information deemed necessary by the planning and development department.

e.

A written statement accompanied by data demonstrating:

i.

That there are special circumstances or conditions applicable to the location of the property referred to in the application, which would make the proposed special use appropriate on this property, though not in the zoning district at large.

ii.

That the specific treatment of the proposed special use will not contribute to a significant worsening of traffic safety or otherwise have an inordinately negative impact on nearby properties or otherwise affect the health and safety of persons residing or working in the area.

f.

Information addressing the factors listed for consideration in subsection (O) of this section.

3.

The SUP application must be complete and signed by all owners of the land where the special use that is the subject of the SUP is located or by their authorized agents. An application signed by a property owner's authorized agent requires documentation in a format required by the county of the agent's authorization to sign on behalf of the owner and/or to agree to conditions on behalf of the owner.

4.

The applicant may propose conditions for the requested SUP.

K.

Review for submittal compliance. The planning and development department staff shall review the application and determine whether the application complies with submittal requirements. An incomplete application will not be processed. If the application does not comply with submittal requirements, the planning and development department staff shall notify the applicant of the submittal deficiencies and provide the applicant the opportunity to revise or correct the application deficiencies. If the applicant does not remedy the deficiencies within 90 calendar days from the date the planning and development staff notifies the applicant of the deficiencies, the file shall be closed and a new application and fee will be required in the future. If the application complies with all submittal requirements, the planning and development department staff shall accept the application as complete and notify the applicant of its acceptance for processing.

L.

Staff review of application. Upon acceptance of a completed application, the planning and development department shall review the application and distribute the application for review to the applicable county departments and cities, towns and other public entities contiguous to the property where the special use is proposed. The county case planner shall determine compliance with all applicable plans, regulations and standards, and identify any significant concerns and prepare and submit a report on the SUP application to the commission prior to the commission's public hearing on the SUP application. The report will at a minimum:

1.

Discuss and determine the extent to which the proposed special use is consistent with and conforms to the comprehensive plan and applicable adopted land use plans.

2.

Provide a site analysis.

3.

Summarize information obtained during review of the application.

4.

Include the comments and conditions of other county departments and other agencies, if any.

M.

Citizen review. An applicant for an SUP is subject to the same citizen review requirements set forth in PCDSC 2.166.050(E).

N.

SUP notification and hearing process. Applicant for SUP is subject to the same broadcast notification signs, notification and public hearing requirements and processes set forth in PCDSC 2.166.050(F) through (L).

O.

Factors for consideration. The commission and the supervisors may consider the factors listed below in deciding whether or not to recommend or approve a special use permit. No set of factors can totally determine the acceptability of all land use proposals. A property owner may adequately demonstrate compliance with the intent of the goals and policies of the comprehensive plan but receive denial because unusual circumstances exist or because of public protest pertaining to the special use request. The considerations and factors listed below are intended to suggest some of the primary concerns pertinent to reaching a determination or decision. These considerations and factors are not intended to be all-inclusive: Other factors may be considered and individual factors may weigh more heavily than other factors.

1.

The proposed special use will not materially affect or endanger the public health, safety or welfare. Considerations/factors:

a.

Traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections and sight lines at street intersections and curb cuts.

b.

Provision of services and utilities including sewer, water, electrical, garbage collection and fire protection.

2.

The proposed special use complies with all regulations and standards applicable within the zoning district where the special use is proposed.

3.

The proposed special use is or may be made compatible with existing adjacent permitted uses and other uses permitted in the zoning district where it is proposed and will not substantially change or materially affect the adjoining property or the surrounding area. Considerations/factors:

a.

The relationship of the proposed special use and the character of development to surrounding uses and development, including evaluating possible conflicts between them, if any, and how these conflicts will be resolved or addressed.

b.

Whether the proposed development is beneficial to the public health, safety and general welfare of the community or county as a whole subject to mitigation of its impact on the adjoining property and surrounding area with additional conditions.

4.

Traffic circulation. Considerations/factors:

a.

Number of access points onto major thoroughfares or arterial streets is limited.

b.

The site has access to streets that are adequately designed and constructed to handle the volume and nature of traffic typically generated by the use.

c.

Does not result in the use of any residential street for nonresidential through traffic.

d.

Future circulation needs in the surrounding area have been taken into account through right-of-way dedication and off-site improvements.

5.

Significant site development standards. The special use adequately addresses the significant applicable site development standards, including drainage and development in or near a floodplain.

6.

Off-site impacts. Adequate measures have been taken to mitigate off-site impacts such as dust, smoke, noise, odors, lights or stormwater runoff.

7.

Same special use. The number and locations of special uses already established in the zoning district that are the same or substantially the same as the proposed special use.

8.

Need. The need for the proposed special use in the neighborhood/community.

9.

Public input. If there is public opposition to a proposed special use, this may indicate that the technical evaluation regarding compatibility of the use does not concur with the view of local residents and a recommendation of denial may be appropriate. If there is public support, this may be a factor in favor of the request.

P.

SUP conditions.

1.

Conditions may be imposed to make the special use compatible with permitted uses in the zoning district where the proposed special use is to be located, to make the special use compatible with surrounding uses and to ensure the public health, safety and general welfare. Such conditions may include but are not limited to the following:

a.

Special yards and spaces.

b.

Fences and walls.

c.

Screening.

d.

Off-street parking and loading specifications and improvements.

e.

Street dedication and improvements or bonds in lieu of improvements.

f.

Control of points of vehicular ingress and egress.

g.

On-site and off-site drainage improvements.

h.

Signs.

i.

Landscaping and maintenance of grounds.

j.

Control of noise, vibration, odors, emissions, hazardous materials and other potentially dangerous or objectionable elements or other similar nuisances.

k.

Site cleanup and/or restoration.

l.

Outdoor lighting.

m.

Hours of operation.

n.

Time limits for the commencement of construction and/or review and further action by the supervisors; or if no time limitations are set, then the conditions shall be fulfilled within a reasonable time.

o.

Conditions to address public needs arising from the proposed special use, such as but not limited to potentially adverse effects of the proposed special use or public service demands created by the proposed special use.

Q.

Effective date. The SUP shall not become effective until after 30 calendar days following approval by the supervisors.

R.

Dedications. Dedications for public roadway easements or rights-of-way may be required as part of the SUP approval.

S.

Changes or modifications. Requests for changes or modifications of conditions on an approved SUP shall be processed as a new SUP.

T.

Abandonment. The discontinuance of a special use for one year shall be considered an abandonment of the special use.

U.

Null and void.

1.

An SUP shall lapse and shall be null and void one year following the date on which the SUP became effective, unless:

a.

Prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the property where the special use that is the subject of the SUP is located.

b.

A final inspection has been completed by the building safety department for the structure in which the special use that is the subject of the SUP is located.

c.

The property is occupied for the special use which is the subject of the SUP if no building permit or certificate of occupancy is required.

2.

Upon receipt of a written request from the permit holder stating the special use has been discontinued and requesting the SUP be declared null and void and determination by the planning and development department that all conditions concerning the discontinuance of the special use that is the subject of the SUP and the cleanup of the property, if any, have been complied with, the zoning inspector shall issue a certificate of abandonment and declare the SUP null and void.

3.

An SUP shall lapse and be null and void if the special use for which the SUP is approved is discontinued for 12 consecutive months, or is not being used in the manner for which it was approved. A hearing shall be held by the supervisors after notification by certified mail to the permit holder to determine whether the special use has been discontinued for 12 consecutive months. Upon the determination that the use has been discontinued for 12 consecutive months, the planning and development department shall notify the permit holder that the SUP is null and void.

4.

A previously approved SUP shall become null and void upon the issuance of a new SUP for the same property, unless stated otherwise.

V.

SUP revocation.

1.

An action to revoke an SUP shall be initiated by the zoning inspector's determination that the applicable property does not meet or is not in compliance with the conditions of approval for the SUP.

2.

A notice shall be sent to the property owner and/or lessee of the property covered by the SUP requiring compliance with the conditions of approval within 15 calendar days.

3.

If the permit holder does not comply within the specified time period, the supervisors after notification by certified mail to the property owner and/or the lessee of the property covered by the SUP shall schedule and hold a public hearing to determine if the special use complies with the conditions of approval and for possible action.

4.

The supervisors may extend the time for compliance or approve or deny the revocation with or without conditions.

W.

Restarting special use. To restart a special use, or after the SUP for that special use has lapsed and/or declared null and void or revoked, shall require a new application and fee for a new SUP.

(Ord. No. PZ-C-001-13, § 1; Ord. No. 011812-ZO-PZ-C-007-10, § 12; Ord. No. 022311-PZ-C-008-10, § 2; Ord. No. 012010-AEO, § 1; Ord. No. 61862, §§ 2302—2302-3. Formerly §§ 2.150.020—2.150.050)

The commission and supervisors expressly find there is a need in the county for housing persons with some physical or mental impairment who are able to live within their communities, provided they have personal care, attention and assistance. In order to meet this need, to preserve the dignity of these persons, and to strengthen and protect the role of the family in our communities, a special density permit for a second dwelling unit is hereby created subject to the following requirements and regulations:

A.

An SDP allows one additional dwelling unit to be built or moved onto a parcel/lot for the use:

1.

By an individual with some physical or mental impairment who needs assistance and support from family living in the primary residence;

2.

By a family member who is providing care, assistance and support to the individual with some physical or mental impairment living in the primary residence;

3.

By a health care provider expressly employed for the purpose of providing health care for the individual with some physical or mental impairment living in the primary residence.

B.

An SDP is granted to the property owner and does not adhere to or run with the land. It is not transferable and terminates automatically as soon as the beneficiary or care provider no longer resides on the property 365 days a year or care is no longer needed. The SDP terminates where a lot split separates the main dwelling unit from the second dwelling unit. Only one SDP may exist at any time for one parcel. An SDP is not a substitute for a building or installation permit required for the second dwelling unit.

C.

An SDP may be granted if the beneficiary is incapable of being fully independent without some assistance due to some physical or mental impairment. A letter from a physician on office letterhead must be included with the application verifying this need.

D.

Neither the applicant, nor any other person shall receive rent or any other valuable consideration for allowing a person to live in a dwelling unit under an SDP. This should not be construed as to prevent a health care provider from receiving remuneration for health care services provided. Once the second dwelling unit ceases to be used as approved, the kitchen must be removed from a site-built second dwelling unit or if a manufactured/mobile home, the second dwelling must be removed from the site. In either instance, the county planning and development department must be contacted so as to make an inspection. An affidavit must be submitted by the applicant indicating a commitment to concur with all the requirements of this section.

E.

An SDP shall be allowed only in the following zones: SR, SH, CAR, GR, RU-3.3, RU-2, RU-C, RU-1.25, CR-1, CR-1A, R-43, and R-35. The second dwelling unit shall be a site-built dwelling unit if located in the CR-1, CR-1A, R-43 or R-35 zones. The second dwelling unit shall be a manufactured home if located in the SR, SH, CAR, GR, RU-3.3, RU-2, RU-C, or RU-1.25 zone.

F.

The second dwelling unit authorized under an SDP shall comply with the same setbacks, height and other requirements imposed on the primary dwelling unit in that zone.

G.

Application. An application for an SDP shall be made to the planning director by the property owner and shall include:

1.

An individual site plan in accordance with chapter 2.200 PCDSC, which identifies the location of the proposed second dwelling unit;

2.

A legal description and address of the property involved;

3.

The name and relationship to the beneficiary;

4.

Information on how the sewage from the second dwelling unit will be disposed of;

5.

An affidavit by the applicant indicating a commitment to concur with all the requirements of subsection (E) of this section;

6.

A nonrefundable filing fee;

7.

Any other information deemed necessary by the planning director;

8.

The information submitted on sewage disposal shall be sufficient enough for the county environmental health department to determine whether the provisions are adequate; and

9.

No SDP may be issued without the written approval of the county environmental health department.

H.

The overall time frame for processing the SDP shall be 25 business days, consisting of the administrative completeness review time frame of five business days and the substantive review time frame of 20 business days. There are events that may occur which will trigger the suspension of these time frames.

I.

Each county department reviewing the application must determine if the application is administratively complete by determining if the application complies with the application submittal requirements of the subject department.

J.

Each reviewing county department must issue a written or electronic notice of administrative completeness or deficiencies. If a reviewing county department determines the application is not administratively complete, it shall include a comprehensive list of the specific deficiencies in the written or electronic notice of administrative deficiencies. The planning and development department shall be responsible for compiling the notices of administrative completeness or deficiencies and transmitting them together to the applicant.

K.

If the notice(s) of deficiencies is/are not issued within the administrative completeness review time frame, the application is deemed administratively complete, and the county shall proceed with its substantive review of the application.

L.

If the notice(s) of deficiencies is/are issued during the administrative completeness review time frame, the application is not complete until all requested information has been received by the planning and development department, and the administrative completeness review time and overall time frame shall stop on the date the notice(s) is/are issued and the time will continue to run again on the date the planning and development department receives all the missing information from the applicant.

M.

Each county reviewing department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submittal of missing information.

N.

Upon the determination by all reviewing county departments that the application is administratively complete, the processing of the application shall proceed. The planning and development department shall review the application and distribute the application for substantive review to the applicable county departments.

O.

During the substantive review time frame, each county reviewing department may make one comprehensive written or electronic request for additional information. The county and applicant may mutually agree in writing or electronically to allow the county to submit supplemental requests for additional information. On the date a reviewing county department issues a comprehensive written or electronic request or a supplemental request by mutual written or electronic agreement for additional information, the substantive review time frame and the overall time frame shall stop running until the date the planning and development department receives the additional information from the applicant.

P.

By mutual written or electronic time frame, the county and the applicant may extend the substantive review time frame and overall time frame by not more than 25 percent of the overall time frame.

Q.

Upon receipt of comments from the county reviewing departments or no later than 20 business days, the planning director shall review and approve, conditionally approve or deny the application.

R.

The planning director shall issue a written or electronic notice granting or denying the application. If the application is denied, the written or electronic notice shall contain justification for the denial with references to the statutes, ordinances, regulations or substantive policy statements on which the denial is based.

S.

If the written or electronic notice granting or denying the application is not issued within the overall time frame or within the mutually agreed upon time frame extension, the county shall refund to the applicant all fees charged for reviewing and acting on the application within 30 working days after the expiration of the overall time frame or the time frame extension from the fund in which the application fees were originally deposited.

T.

If the request for an SDP is approved, notification of the installation of a second dwelling unit shall be sent to all property owners located within 300 feet of the subject property.

U.

All financial or other obligations resulting from approval or conditional approval of an SDP are the sole responsibility of the property owner and/or the owner of the second dwelling.

V.

Upon compliance with the conditions of the approved SDP and installation or construction of the second dwelling and after all required approvals have been obtained, the zoning map shall be updated to reflect the SDP.

W.

To keep the SDP active, the applicant annually from date of approval shall submit to the planning director a renewal fee, as set forth in the planning and zoning fee schedule and a letter from a licensed medical doctor stating the health condition of the beneficiary has not substantially changed and the beneficiary is still in need of home care. Failure to provide this letter and fee by the anniversary date is considered a violation of this title. After notice of such violation by the planning director, if applicant fails to submit the fee and letter within 30 calendar days from the mailing date of the notice, the SDP will be revoked by the planning director and the second dwelling unit must be removed and the septic tank installed for use by the second dwelling unit must be abandoned.

(Ord. No. 011812-ZO-PZ-C-007-10, § 12; Ord. No. 61862, § 2328. Formerly § 2.150.310)

The commission and the supervisors find that there is a need in the county for the issuance of temporary use permits for those temporary uses which are required for the proper function of the county or constructing a public facility. Such uses shall be so conducted that they will not be detrimental in any way to the established economic or social uses and values of adjacent or surrounding properties or to the county. The planning director may issue a TUP for a building or premises in any zoning district for any of the uses set forth in subsection (A) of this section when they are temporary in nature. Issuance of a TUP does not relieve the permit holder of the additional responsibility of obtaining any other permit or approval.

A.

When allowed. Temporary use permits may be allowed for the following temporary uses:

1.

Batch plant;

2.

Off-site parking and storage of earth moving or construction equipment;

3.

Off-site contractor's equipment yard or warehouse incidental to the carrying on of public works projects or development projects;

4.

Real estate sales office in conjunction with a development project;

5.

RV for security purposes on the site of an active construction site for development projects during the construction period;

6.

RV for on-site occupancy during the construction of a single-family residence under an active building permit;

7.

Such other uses as the planning director deems appropriate.

B.

Standards.

1.

Is truly temporary in nature.

2.

Does not involve the erection of a permanent structure or building.

3.

Is in harmony with the general intent and purposes of this title.

4.

Adequate parking shall be provided either on site or off site in a specified parking area, as approved by the county.

5.

No permit shall be issued for a use where the location is deemed to be potentially hazardous to the public. This includes, but is not limited to, heavily congested and/or trafficked areas where the use may impede or inconvenience the public.

6.

No use shall be permitted in a public right-of-way.

7.

All requirements of the county health department and/or other regulatory health authorities shall be met. Provisions for disposal of solid waste shall be required for all uses.

8.

A sign permit for temporary signs is not required; however, all signs shall comply with chapter 2.145 PCDSC.

9.

All lighting shall comply with chapter 2.195 PCDSC.

10.

Other appropriate requirements and standards can be attached to the temporary permit relating to, but not limited to:

a.

Regulation of hours;

b.

Required regulatory permits or licenses shall be obtained;

c.

Cleanup after termination of the temporary use; and

d.

Such other conditions deemed necessary to carry out the intent and purpose of this section.

C.

Procedure.

1.

The applicant shall consult with the planning department staff concerning the proposed use and potential requirements prior to submittal of the application.

2.

Application for a TUP on the applicable form provided by the county together with the required information, documentation and nonrefundable filing fee (PCDSC 2.160.050) shall be made to the planning director by:

a.

Property owner or the property owner's authorized agent;

b.

Tenant or lessee with the written, notarized consent of the property owner; or

c.

Promoter of a temporary use with the written, notarized consent of the property owner.

3.

The application packet shall include the following:

a.

An explanation of the exact use proposed and the reasons for the request;

b.

Proof of ownership;

c.

Legal description and address of the subject property;

d.

A letter of authorization for an agent, if applicable;

e.

Map of the area and a list of the adjacent property uses;

f.

Sufficient information on sewage disposal for environmental health to determine whether the provisions are adequate;

g.

Information on traffic flow and parking;

h.

Individual site plan as required in chapter 2.200 PCDSC; and

i.

A notarized affidavit by the applicant stating all financial or other obligations resulting from approval or conditional approval of a TUP are the responsibility of the applicant. Posting of a bond may be required for estimated financial obligations.

4.

The overall time frame for processing the TUP shall be 25 business days, consisting of the administrative completeness review time frame of five business days and the substantive review time frame of 20 business days. There are events that may occur which will trigger the suspension of these time frames.

5.

Each county department reviewing the application must determine if the application is administratively complete by determining if the application complies with the application submittal requirements of the subject department.

6.

Each reviewing county department must issue a written or electronic notice of administrative completeness or deficiencies. If a reviewing county department determines the application is not administratively complete, it shall include a comprehensive list of the specific deficiencies in the written or electronic notice of administrative deficiencies. The planning and development department shall be responsible for compiling the notices of administrative completeness or deficiencies and transmitting them together to the applicant.

7.

If the notice(s) of deficiencies is/are not issued within the administrative completeness review time frame, the application is deemed administratively complete, and the county shall proceed with its substantive review of the application.

8.

If the notice(s) of deficiencies is/are issued during the administrative completeness review time frame, the application is not complete until all requested information has been received by the planning and development department, and the administrative completeness review time and overall time frame shall stop on the date the notice(s) is/are issued and the time will continue to run again on the date the planning and development department receives all the missing information from the applicant.

9.

Each county reviewing department may issue an additional written or electronic notice of administrative completeness or deficiencies based on the applicant's submittal of missing information.

10.

Upon the determination by all reviewing county departments that the application is administratively complete, the processing of the application shall proceed. The planning and development department shall review the application and distribute the application for substantive review to the applicable county departments.

11.

During the substantive review time frame, each county reviewing department may make one comprehensive written or electronic request for additional information. The county and applicant may mutually agree in writing or electronically to allow the county to submit supplemental requests for additional information. On the date a reviewing county department issues a comprehensive written or electronic request or a supplemental request by mutual written or election agreement for additional information, the substantive review time frame and the overall time frame shall stop running until the date the planning and development department receives the additional information from the applicant.

12.

By mutual written or electronic time frame, the county and the applicant may extend the substantive review time frame and overall time frame by not more than 25 percent of the overall time frame.

13.

Upon receipt of comments from the county reviewing departments or no later than 20 business days, the planning director will determine whether to approve or deny the application.

14.

The planning director may impose any conditions needed to safeguard the public health, safety, and general welfare.

15.

The planning director shall issue a written or electronic notice granting or denying the application. If the application is denied, the written or electronic notice shall contain justification for the denial with references to the statutes, ordinances, regulations or substantive policy statements on which the denial is based.

16.

If the written or electronic notice granting or denying the application is not issued within the overall time frame or within the mutually agreed upon time frame extension, the county shall refund to the applicant all fees charged for reviewing and acting on the application within 30 working days after the expiration of the overall time frame or the time frame extension from the fund in which the application fees were originally deposited.

17.

A TUP is issued to the applicant and does not attach to the subject property. It is not transferable and terminates automatically on the date specified in the TUP or at such time it is found any other specified condition has not been met or at such time the applicant or consenting property owner changes.

18.

A TUP is not a substitute for a compliance review, building permit and/or installation permit that may be required.

19.

A TUP may be issued for a period of time not exceeding one year; however, an extension may be granted upon showing a delay was caused beyond the applicant's control.

(Ord. No. 011812-ZO-PZ-C-007-10, § 12; Ord. No. 012010-SEO, § 3; Ord. No. 61862, § 2329. Formerly § 2.150.320)

The commission and the supervisors find that there is a need in Pinal County for the issuance of a special event permit.

A.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Fireworks exhibition means an organized event open to the public where pyrotechnics are exploded.

Large special event means an event expected to draw 1,000 people or more as participants or exceeds four days in a calendar year and is not exempt from this section in accordance with subsection (B) of this section.

Participants include, but are not limited to, vendors, attendees, event workers, entertainers, and spectators.

Small special event means a special event that does not meet the large special event criteria and is not exempt from this section in accordance with subsection (B) of this section.

Special event means any temporary event or activity to which the public is invited, whether held on public or private property, with or without an admittance fee, and meets any of the following criteria:

1.

Differs from the normal usual purpose, or approved use, of the property where the activity is held, and requires approval of two or more county departments by permits or inspections; or

2.

Requires approval of three or more county departments by permits or inspections.

(Special event examples may include, but are not limited to, a concert, fireworks exhibition, parade, race, rodeo, and tent revival meeting.)

Special event committee means a committee consisting of representative(s) from county departments that include, but are not limited to, public works, planning and development, air quality control, environmental health, sheriff's office, risk management, public health, emergency management, parks, recreation and fairgrounds, and building safety. Outside agencies may include, but are not limited to, Arizona Department of Transportation, Department of Public Safety, railroads, utility companies, police and fire departments in the surrounding area of the event.

Special event contingency plan means a document that furnishes information, proof, or supporting documentation, of assigned responsibilities, actions, and procedures to be followed if an emergency situation develops.

Special event coordinator means a county staff member that will be the point of contact between applicants and the county departments.

Special event permit means a permit required by this section.

B.

Special event permit provisions and exemptions.

1.

Seasonal or specialty sales lots including, but not limited to, Christmas tree and pumpkin sales are subject to the small special event permit process but are limited to no more than 45 days of site occupation per year per event.

2.

No person shall conduct a special event within the county in any structure or area where conducting such special event is prohibited by fire or building code regulations.

3.

The following shall not be considered a special event and are exempt from the requirements of this section:

a.

Weddings of the property owner or family and friends;

b.

Funerals;

c.

Elections;

d.

Private yard sales on residential lots;

e.

Car washes for the sole purpose of fundraising;

f.

An activity that does not require county services to a degree above what the county routinely provides and that is not otherwise defined as a large special event under this section;

g.

Any event in which the general law of the state or federal government precludes the county from requiring a special event permit for the event;

h.

Any event for school purposes that is conducted solely on property owned or leased by a school, to include a school district or a college;

i.

Commercial agricultural: trade shows, demonstrations, yield trials, and exhibits held on private property and that are not otherwise defined as large special events under this section;

j.

Any special event approved by the supervisors for sponsorship by the county; and

k.

Any event held at the county fairgrounds or county parks.

4.

Any special event listed in subsection (B)(3) of this section is solely exempt from the special event permit process and may be required to obtain additional permits from the county. Examples of additional permits may include, but are not limited to, building safety for structures, portable toilets, and/or electrical issues, environmental health for food, public works for right-of-way (encroachment), air quality for dust control, public health for emergency concerns, risk management for insurance, and sheriff's office for traffic and/or security.

C.

General application requirements.

1.

Every application for a special event permit shall be completed and submitted on forms furnished by planning and development.

2.

Applications will be filed with planning and development following the time frames indicated in subsections (F)(1) and (G)(1) of this section.

3.

All special event permit applications shall include the following documentation:

a.

Completed application form;

b.

A site plan or map of the event area showing a layout of:

i.

Event functions;

ii.

Paved and unpaved parking areas allowing ten-foot by 20-foot dimensioned parking stalls for vehicles;

iii.

Access; and

iv.

Location of all signage in accordance with chapter 2.145 PCDSC;

c.

A security plan, along with any specific requested information deemed necessary by the special event committee;

d.

A dust control plan, at a minimum, describing dust mitigation measures for all ingress, egress, and parking areas;

e.

A list of all participating vendors and a menu or list of all food for each vendor;

f.

Events with 500 or more attendees are required to submit a special event contingency plan to include 24-hour contact information for at least two representatives of the event;

g.

If the applicant requests to provide full hook up overnight accommodations for recreational vehicles and campers, applicant shall include a written proposal adequately justifying reasons for such accommodations and describing a waste disposal plan. If the special event permit allows overnight accommodations for recreational vehicles and campers, applicant shall provide and pay for waste disposal;

h.

Any additional information which the special event committee finds reasonably necessary to adequately describe or clarify the event or its impact on the county and county services in order to make a fair determination as to whether a special event permit can be issued;

i.

The special event committee may waive the requirement to provide any information when, in its opinion, the information is not applicable; and

j.

Special events to be conducted on private property shall obtain authorization from the property owner for the use of the property for such purpose. Applicant shall be required to show proof of the property owner's consent to use private property.

4.

There shall be an application fee in accordance with the Pinal County planning and development fee schedule. Depending on the event, the applicant may be subject to additional fees by other county departments involved in reviewing the special event permit that may include, but not be limited to, the public works, air quality control, environmental health, sheriff, risk management, public health, emergency management, and building safety departments.

5.

The special event permit may be one of several permits and/or licenses an event applicant may need to obtain. The information on the application and information packet will assist the special event committee to advise the applicant of other necessary permits, licenses, and approvals needed. It is the applicant's responsibility to obtain all required permits, make arrangements for all licenses, inspections, and approvals prior to the issuance of the special event permit and the date of the special event.

6.

If the special event will include sale or service of alcohol, a special event liquor license from the State of Arizona is required and all statutes regarding the serving, sale, and consumption of alcohol must be followed.

7.

If the special event will include the sale of food, all applicable laws and regulations shall be complied with.

8.

If you are using a public roadway, a right-of-way use permit or road closure permit may be required.

D.

Administration.

1.

Special event permit applications shall be submitted to the one stop shop.

2.

Applications requiring a special event permit shall be routed to the special event coordinator.

3.

The special event coordinator shall present the application to the special event permit committee for review.

4.

The special event committee will review the applications and recommend approval or denial of the special event permit to the appropriate approving authority listed below.

5.

The planning director shall review small special event applications for approval or denial according to the criteria set forth in subsection (F) of this section.

6.

The supervisors shall review large special event applications for approval or denial according to the criteria set forth in subsection (G) of this section.

E.

Special event committee.

1.

The special event committee is involved in providing services or coordination of the process for the successful execution of a special event.

2.

The special event committee shall coordinate with county departments and other governmental or private entities with regard to special events.

3.

The county will designate a special event coordinator who is responsible for:

a.

Maintaining special event committee records;

b.

Arranging meeting times and places for the committee;

c.

Coordinating the application process with the applicant;

d.

Monitoring compliance with the requirements and conditions of the special event permit; and

e.

Submitting all applications with the applicable supporting documentation for:

i.

Small special event permit review to the planning director; and

ii.

Large special event permit review to the supervisors.

4.

The committee will inform the applicant of all additional permits that will be required to obtain a special event permit.

5.

The committee will provide the approving authority with a recommendation of approval or denial.

F.

Small special event permit process.

1.

Applications are to be submitted at least 60 days prior to the proposed special event date. If the application is submitted less than 60 days prior to the proposed special event date, this will result in a late fee being charged. No applications will be accepted less than one week prior to the special event date.

2.

The planning director shall approve or deny a small special event permit within 15 days from the date the special event committee makes a recommendation.

3.

The applicant may file an appeal to the board of supervisors within 15 days of the planning director's decision of denial.

G.

Large special event permit process.

1.

Applications are to be submitted at least 120 days prior to the proposed special event date. If the application is submitted less than 120 days prior to the proposed special event date, this will result in a late fee being charged. No applications will be accepted less than four weeks prior to the special event date.

2.

The application shall be placed on the supervisors' agenda for approval or denial of the large special event permit. This public meeting will provide an opportunity for public input on the application.

3.

Any minor alterations or modifications as determined by the planning director may be authorized by the planning director if they are consistent with the purpose and intent of the submitted special event permit application and this section.

H.

Special event permit.

1.

The issuance of a special event permit is not deemed evidence or proof that the applicant has complied with the provisions of any other county ordinances, policies, or regulations.

2.

The special event permit is nontransferable and valid only for the dates, times, and locations on the permit.

3.

All special events that require a special event permit shall, as a condition of the special event permit, comply with the requirements of this section and all other applicable ordinances, policies, or regulations of the county and all applicable federal and state laws.

4.

Issuance of permit.

a.

The planning director or the supervisors shall issue a special event permit as provided for herein when, from consideration of the application and from such other information as may otherwise be obtained, the county finds that the event has received approval signatures described in subsection (D) of this section, administration;

b.

Upon the issuance of a special event permit, the special event coordinator shall send an electronic copy of the permit to the participating department directors and appropriate county staff;

c.

Each special event permit shall state the following information:

i.

Name of applicant;

ii.

Valid permit date(s);

iii.

Location of event;

iv.

Hours of operation;

v.

Time frame in which the event area must be returned to pre-event condition. This time frame shall not exceed 48 hours after the last day of the event unless the time frame extension has been approved by the special event permit approving authority;

vi.

Special conditions or provisions with which the applicant is to comply, if applicable; and

vii.

Any such information the county finds relevant for the enforcement of this section.

5.

Events which last 14 days or more within one calendar year, will result in permanent improvements to the site, or are determined by the planning director to be beyond the scope of a special event shall require a special use permit or a rezone and will not be considered a special event.

I.

Other certificates or permits required.

1.

Obtaining any license, permit, certificate, or examination required by federal, state, county or local law shall be the sole responsibility of the applicant.

2.

The issuance of a special event permit shall not be evidence that the county knew, or should have known, that another license, permit, certificate, or examination was required or was otherwise improperly issued.

J.

Special provisions related to fireworks exhibitions.

1.

The applicant or operator of a fireworks exhibition, and its employees, agents, and/or subcontractors, shall strictly comply with all applicable federal, state, county, and local laws, rules, regulations, and ordinances in conducting any fireworks exhibition.

2.

The planning and development department will process special event permit applications for fireworks exhibitions in accordance with the large special event process. However, applications need to be submitted only 30 days prior to the event.

3.

In addition to the special event permit application, an applicant shall be required to submit a completed application for fireworks exhibitions to the clerk of the board.

4.

An applicant shall be required to post a bond in accordance with A.R.S. § 36-1604.

5.

A pyrotechnic company, fire department/fire district, or any other sponsoring entity that is responsible for the fireworks display shall provide a certificate or certificates of insurance in an amount to be determined by the county.

K.

Denial.

1.

Small special event applications can be modified or denied by the planning director for any of the following causes:

a.

Fraud, misrepresentation, or false statement contained in the special event application or scope of event;

b.

Any violation of this section, failure to meet any licensing requirement, including, but not limited to, timely payment of fees;

c.

A special event permit application for the same time and location has been received and will be granted or a special event permit for the same time and location has already been granted;

d.

The applicant has previously violated the provisions of this section or the conditions of a permit previously issued pursuant to the provisions of this section;

e.

The applicant has previously damaged county property and not paid in full for such damages; or

f.

Recommendation of denial by the special event committee.

2.

Large special event applications can be modified or denied by the supervisors for any, but not limited to, the following causes:

a.

Fraud, misrepresentation, or false statement contained in the special event application or scope of event;

b.

Any violation of this section, failure to meet any licensing requirement, including, but not limited to, timely payment of fees;

c.

A special event permit application for the same time and location has been received and will be granted or a special event permit for the same time and location has already been granted;

d.

There is history of problems relating to the event in the past or the applicant has not properly managed prior events;

e.

The applicant has previously violated the provisions of this section or the conditions of a permit previously issued pursuant to the provisions of this section;

f.

The applicant has previously damaged county property and not paid in full for such damages; or

g.

Recommendation of denial by the special event committee.

3.

For small special event applications, the planning director shall promptly notify the applicant that the application has been denied. The communication with the applicant shall specify the grounds or reasons for the denial.

L.

Right of entry; display.

1.

The appropriate licenses and permits shall be displayed at the location where the participants conduct their activities. Applicants or vendors not in possession of the appropriate licenses and permits will not be allowed to participate in the special event.

2.

Zoning inspectors, law enforcement officers, fire department/district personnel, the designated special event coordinator and any other county personnel on official business shall have the power to enter, free of charge, during the special event and to request the exhibition of the special event permit and any other required permits from any person conducting the special event.

M.

Violation of section.

1.

The issuance of a special event permit does not justify the violation of any other county ordinance, policy or regulation. The applicant will be responsible for ensuring their special event complies with all county ordinances, policies or regulations.

2.

This section shall be enforced in accordance with chapter 2.160 PCDSC.

3.

The following shall apply to all special events:

a.

It shall be a violation for any person to host or produce a special event without a permit;

b.

It shall be a violation for any person in charge of, or responsible for the conduct of, a duly permitted special event to fail to comply with any condition of the special event permit or this section; and

c.

No special event shall intentionally interfere with the movement of police, firefighting or emergency medical equipment en route to a public safety call.

(Ord. No. 011812-ZO-PZ-C-007-10, § 12; Ord. No. 012010-SEO, § 3; Ord. No. 61862, § 2329a. Formerly § 2.150.325)