Winslow City Zoning Code

Every zoning district contains certain buildings, structures and uses of land which are normal and complementary to permitted principal uses in the district, but which, by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions, are often incompatible with adjacent activities and uses.

It is the intent of this title to permit conditional uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses.

It is the purpose of this chapter to establish principles and procedures essential to proper guidance and control of such uses.

Zoning district regulations established elsewhere in this title specify that certain buildings, structures and uses of the land may be allowed as conditional uses in a given district subject to the provisions of this section and to the requirements set forth in district regulations. The city is empowered to grant and to deny applications for conditional uses and to impose reasonable conditions upon them.

The conditional use permit shall run with the land. Every conditional use permit shall be applicable only to the specific use(s) and the specific property for which it is issued. The maintenance of special conditions imposed, as well as compliance with other provisions of this title, shall be the responsibility of the property owner.

The city shall consider not only the nature of the use and the special conditions influencing its location in the particular district, but also the proposed location of buildings, parking and other facilities within the site, the amount of traffic likely to be generated and how it will be accommodated, and the influence that such factors are likely to exert on adjoining properties.

In order to approve a conditional use, the city must make a finding of fact that the establishment, maintenance, or operation of the use of the building and/or the property applied for will not be detrimental to the public health, safety, peace, convenience, comfort and general welfare of persons residing or working in the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

The city may designate such conditions as it deems necessary to secure the intent and purpose of this title and shall require by annual review such guarantees and evidence that conditions are being or will be complied with. Said review shall be conducted by staff, in the month during which the conditional use permit was originally approved when practicable. Said review shall consist of a site visit, and contact with the owner/operator if necessary to determine if the approved conditional use is active. If the approved conditional use on the subject property is determined to be active and in compliance with conditions of approval, staff shall report a determination of compliance to the Planning and Zoning Hearing Officer; and the use shall be permitted to continue until the month of original approval in the following calendar year or until the expiration date of the conditional use permit if said expiration date is earlier than the month of original approval in the following calendar year, with no action by the Planning and Zoning Hearing Officer. If the approved conditional use on the subject property is determined to be in violation of conditions of approval or has ceased in the absence of an expiration date, notice of the violation or cessation of use shall be presented to the Planning and Zoning Hearing Officer for discussion and possible action during a public hearing. Notice of said annual reviews shall be published quarterly in a publication to be determined by City Council. Any change or alteration to the approved conditional use on the property without prior approval by the Planning and Zoning Hearing Officer may render the conditional use permit void, or may cause the conditions of approval to be revised or added to by the Planning and Zoning Hearing Officer.

Conditional use permits granted for permanent or long-term uses, with no conditions attached, shall not require a periodic review. Examples include a public school, and a residence in a commercial or industrial zone.

An existing conditional use permit may be terminated upon written and signed request from the owner of the property which is subject to the conditional use permit.

Application for a conditional use shall be submitted to the Zoning Administrator to be scheduled for public hearing.

The Zoning Administrator shall publish a legal notice of the public hearing at least fifteen (15) days prior to the hearing and no more than thirty (30) days prior to the meeting. In addition, the Zoning Administrator shall place a public hearing notice on the property at least fifteen (15) days prior to the hearing.

Applications for conditional use permits shall be heard and decided by the Planning and Zoning Hearing Officer.

The applicant may appeal the Planning and Zoning Hearing Officer’s decision based on objections or issues raised at the initial public hearing. New issues will not be considered as a basis for appeal. Appeals must be filed in writing with the City Clerk within thirty (30) calendar days of the Planning and Zoning Hearing Officer’s decision. The City Clerk will schedule the appeal for consideration by the City Council. The City Council’s decision shall be final.