The zoning hearing officer may, by special use permit, after application has been made and a public hearing held, make recommendations to the council, to authorize the location of any of the following buildings, structures or uses in a district from which they are prohibited by this title when found to be in the best interest of the public, health, safety and general welfare of the community:

A.

Heliport or landing field;

B.

Amusement park and outdoor theatre;

C.

Bowling alley, billiard parlor or pool hall;

D.

Children's residential care facility;

E.

Community buildings or recreation field;

F.

Homeless shelter;

G.

Hospital;

H.

Medical clinic or veterinary clinic;

I.

Nursing home;

J.

Privately and commercially operated recreational lake, swimming pools or tennis courts;

K.

Public utilities or public service uses, buildings, structures or appurtenances thereto;

L.

Signs;

M.

Semi-public buildings;

N.

Group homes for the handicapped for not more than ten (10) persons;

O.

Stand-alone smoking lounges;

P.

Tattoo and/or body piercing establishments; and

Q.

Massage establishments.

(Ord. 07-03 § 1: Ord. 02-12 (part); Zoning Ord. § 7-1-101)

(Ord. No. 11-01, § I, 1-20-11; Ord. No. 13-01, § I, 3-21-13; Ord. No. 15-01, § I, 3-5-15; Ord. No. 18-13, § I, 11-1-18)

A.

Permits for special uses will be granted only in those cases where difficulties, unnecessary hardship or results inconsistent with the general purpose and intent of this title would occur through the strict application of such ordinance and regulations contained therein or adopted in accordance therewith.

B.

The granting of an application for a special use permit, either in whole or in part, or the denial of an application for a special use permit shall set no precedent whatsoever with regard to whether or not an application for a special use permit for a similar or other special use should be granted within the same district, or in any other district, or under similar or varying circumstances.

(Zoning Ord. § 7-2-101)

The application for a special use permit requested by this chapter shall be filed with the town clerk or a duly authorized agent in such form as shall be approved by the town council.

A.

At the time of filing the applicant shall pay a filing fee in the amount of three hundred dollars ($300.00) for both residential and commercial property. The fee shall not be refundable.

B.

All applications for special use permit shall be accompanied by a waiver of claims for diminution in value pursuant to A.R.S. § 12-1134 executed by all owners of property subject to the special use permit.

(Ord. 96-02 § 2: Zoning Ord. § 7-2-102)

(Ord. No. 11-08, § I, 4-21-11)

A.

Before issuance of a special use permit for any of the buildings, structures or uses listed in this chapter, or before any changes of use of the premises existing at the time of the effective date of the ordinance codified in this chapter, or as permitted in this chapter, and after application for a permit for a special use has been made, the zoning hearing officer shall hold a public hearing on the application.

B.

At the time of filing such application, the applicant shall submit preliminary plans in sufficient detail to explain the proposed use of the buildings, structures and premises, together with a statement of the applicant fully explaining such proposed use.

C.

Not less than fifteen (15) days prior to the date of the public hearing for a special use permit, written notice shall be sent by mail to the applicant at their last known place of residence. Fifteen (15) days prior to the date of the public hearing for a special use permit, a public notice of hearing shall be placed on the property itself. Should the property be undeveloped, the town shall provide a post on the applicant's property to which shall be attached a public notice of the hearing. Notice shall be published pursuant to A.R.S. Section 9-462.04.

D.

Thereafter, the zoning hearing officer shall hold such public hearing in accordance with the notice of hearing, and shall take evidence and consider all information submitted by the applicant, including the preliminary plans and the applicant's statements.

E.

The zoning hearing officer shall act upon the application and make their recommendations to the council. In rendering its decision upon the application, the zoning hearing officer shall make a thorough study of the effect of either recommending the granting of said application in whole or in part, or denying the application, and shall also make a determination concerning the following matters:

1.

The effect of the proposed special use upon the public health, safety and morals and general welfare of the town and its inhabitants;

2.

Whether property will be adversely affected;

3.

Whether ample off-street parking facilities will be provided; and

4.

Whether the general integrity and character of the district involved and the utility value of adjacent and surrounding territory and properties be preserved.

F.

The town council's decision shall be rendered at a special hearing after notice thereof has been given to the parties in interest in writing, and the public by publication pursuant to A.R.S. Section 9-462.04. (See also Chapter 17.80 of this title.)

(Ord. 02-12 (part); Zoning Ord. § 7-2-103)

After a special use permit has been qualified and approved by the zoning hearing officer and the town council, the town council, subject to the advice of the inspectors whose duties relate to additions and structural alterations, shall thereafter have the jurisdiction to authorize and approve any and all additions and structural alterations to such special use or uses upon the property on which the special use permit has been granted. Authorization and approval by the town council of such additions or structural alterations shall be granted only when the same is found to be in the interest of the public health, safety, morals and general welfare of the town.

(Ord. 02-12 (part); Zoning Ord. § 7-2-104)

A.

Any special use permit granted by the town council shall automatically become void, if within six months from the date of such granting, the proposed use is not commenced or a building permit has not been issued for such use.

B.

Any special use permit granted by the town council shall automatically become void, if any building or structure to be built upon the subject property has not been fully completed within twelve (12) months from the date of issuance of a building permit therefor.

C.

Upon application to the town council and for good cause shown, the town council may grant extensions of time for original special use permits. A special use permit shall not be transferable from location to location.

(Zoning Ord. § 7-2-105)

Any building, structure or use listed in Section 17.56.010, existing as of the effective date of the ordinance codified in this chapter, shall be considered a nonconforming use unless such building, structure or use has qualified as provided in this chapter and a conditional use permit has been applied for and granted, or a use permit has been granted by the zoning hearing officer and the town council.

(Ord. 02-12 (part); Zoning Ord. § 7-2-106)

Temporary buildings used in conjunction with construction work only may be permitted in any district during the period that the building is being constructed, but such temporary buildings shall be removed from the premises upon completion of the construction work.

(Zoning Ord. § 7-3-101)