The conditional use process recognizes that there are a number of uses which may or may not be appropriate in a particular zoning district depending upon all the circumstances of the individual case. It is the intent of this chapter to provide a comprehensive review of such uses so that the City is assured that these uses are compatible with their locations and surrounding land uses.

(Ord. 4-1995 § 2, 1995)

All applications for conditional uses shall be acted upon by the City Council, after a duly-noticed public hearing. At least ten days prior to the public hearing, notice shall be published in a newspaper of general circulation within the City and mailed to property owners within 300 feet.

(Ord. 2-2019, 2019)

Applicants requesting a conditional use shall submit ten copies of the following required material to the City. Such application may be filed by a person or persons owning or having an interest in the property in question and shall be accompanied with the written concurrence of all owners of record of the property. The application shall be filed in writing at least 30 days prior to a regularly scheduled City Council meeting and shall include:

A.

A current list of the names and addresses of property owners within 300 feet, as shown by the records of the Yuma County Assessor;

B.

A list of any easements, encumbrances, or right-of-way internal to the property, and protective covenants;

C.

A statement of intent for the proposal;

D.

A complete site plan showing the major details of the proposed development, including existing adjacent land uses, locations of buildings and structures both existing and proposed, off street parking and loading areas, access to and from the property, signs, pedestrian and open space area, and any natural or manmade features on the property which could or would affect the development;

E.

A time schedule for development;

F.

Written and/or graphic material documenting compliance with the special regulations of chapter 17.06 of this title, where appropriate to proposal;

G.

Such other information as required by written rule of the City Council;

H.

Any additional information the applicant reasonably believes will support the request.

(Ord. 4-1995 § 2, 1995; Ord. 7-2012, 2012; Ord. 20-2018, 2018; Ord. 2-2019, 2019)

Editor's note— Ord. 20-2018, 2018, repealed § 17.05.504, which pertained to fees.

In compliance with the requirements for public notification, the City Council shall consider the request and public comments at a public hearing. The City Council shall then render a final decision of approval, conditional approval, or denial. The reasons for its decision shall be stated in the official minutes of the hearing and shall be mailed to the applicant. In rendering its decision, the City Council shall consider the following:

A.

The proposed use and intensity of such use;

B.

The desirability and need for such use in the specific area of the City;

C.

The compatibility of such use under the site development plan as it relates to the character and use of the surrounding area;

D.

The compliance of such use with the requirements of this chapter and the intent and purpose of this title;

E.

The compliance of such use with the Comprehensive Master Plan;

F.

The potential environmental and objectional impacts of such use; and

G.

The availability of public utilities and services.

(Ord. 2-2019, 2019)

The City Council may impose modifications or conditions upon the approval of the requested use. Examples of conditions or modifications that the City Council may impose, include, but are not limited to:

A.

Requiring compliance with a specific condition of this title, or any other applicable city, county, state, or federal regulation; or

B.

Any condition which is deemed necessary to ensure:

1.

That the proposed conditional use will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood.

2.

That the conditional use will serve to protect the best interests of the City and the public health, safety, and welfare.

3.

That the effect of the conditional use will facilitate the logical, efficient, and economic extension of public services and facilities.

(Ord. 2-2019, 2019)

No approved conditional use may be changed, modified, expanded, or enlarged unless the same is amended and approved in accordance with the procedures applicable to initial approval of a conditional use.

(Ord. 4-1995 § 2, 1995)

When a conditional use has been denied by the City Council, no request for that particular use may be refiled with the City. The only exception to this provision shall be if the landowner or his agent can show a change of circumstances regarding the property which would warrant reexamination of the conditional use request. Such showing of changed circumstances shall be submitted in writing, along with a conditional use application, to the City.

(Ord. 2-2019, 2019)

The City Council may revoke approval of a conditional use whenever the applicant has failed to complete the project substantially in accordance with the time schedule submitted with the application, or with the conditions placed on the approval. Before any such revocation is issued, the Council shall first notify the applicant of the pending action and provide the applicant an opportunity to appear before the Council to contest the pending action.

(Ord. 4-1995 § 2, 1995)

Variances are deviations from the dimensional requirements, design or performance standards and other provisions of this title, not related to use of the property, that would not be contrary to public interest when, owing to special circumstances or conditions, the literal enforcement of the provisions of this title would result in undue and unnecessary hardship. Variances shall only be granted in accordance with the terms of this chapter.

(Ord. 2-2016, 2016)

An applicant requesting variance approval shall follow the procedures outlined below:

A.

Submit application. The applicant shall submit a complete application on forms supplied by the City with all application fees and containing the following materials:

1.

A site plan, showing the major details of the proposed development; and

2.

Other information to show compliance with section 17.05.512 of this chapter.

B.

Staff review. Staff will review the application and notify the applicant of completeness within 15 days of submittal. Completed applications will be reviewed by Board within 45 days of staff's determination of completeness. Additional review time will be required for applications requiring professional review.

C.

Public notice. Public notice that the Board of Adjustment will conduct a public hearing to consider the application for a variance shall be posted at City Hall 15 days prior to the hearing and published once not less than 12 days prior to the hearing. A sign shall be posted by City staff in a conspicuous place on said premises not less than five days before said hearing. Applicant shall bear the cost of publication.

D.

Conduct of hearing.

1.

At the public hearing, the applicant and other interested parties may appear and present such evidence and testimony as they may desire. The Board may limit testimony and evidence that is merely cumulative and is not required to follow any set procedure during the hearing, nor strictly follow the Rules of Evidence as applied by the courts. However, the City may adopt any rules of procedure it deems necessary. The hearing may be tape recorded or otherwise electronically recorded. The applicant, or other interested party may, if they desire, have the hearing recorded by a court reporter, at their expense.

2.

The hearing may be continued from time to time as necessary.

3.

The Board of Adjustment shall not take action on an application if there was a failure to give notice, by publication or to post notice on the property. Upon notification of such a failure, Board of Adjustment may, at its discretion, continue the public hearing to an appropriate date.

(Ord. 2-2016, 2016)

The Board may approve with conditions or deny the application, continue the public hearing, or remand it to the applicant with instructions for modification or additional information or action. The Board may approve a variance if it finds that all of the following criteria are met:

A.

The grant of variance will be generally consistent with the purposes, goals, objectives and policies of the City's Master Plan and this title;

B.

The grant of variance is the minimum variance that will make possible the reasonable use of the parcel, building or structure; and

C.

Literal interpretation and enforcement of the terms and provisions of this title would deprive the applicant of rights commonly enjoyed by other parcels in the same zoning district and would cause the applicant unnecessary hardship, as distinguished from mere inconvenience. In determining whether an applicant's rights would be deprived, the Board shall consider whether either of the following conditions apply:

1.

There are special conditions and circumstances that are unique to the parcel, building or structure, that are not applicable to other parcels, structures or buildings in the same zone district and that do not result from the actions of the applicant; or

2.

Granting the variance will not confer upon the applicant any special privilege denied by the City's Master Plan and the terms of this title to other parcels, buildings or structures, in the same zone district.

D.

The burden shall be on the applicant to show that these criteria have been met. If the Board determines that such criteria have not been met, the application shall be denied. The application may be approved upon conditions or limitations which the Board determines are necessary in order to ensure that the applicable criteria are met. Such conditions or limitations shall be provided to the applicant and interested parties, in writing, as part of the decision.

E.

No variance shall be granted with less than four concurring votes of the Board.

F.

The Board shall announce its decision within 30 days of the completion of the hearing. Any decision on a variance application shall be in writing by resolution. The decision of the Board with respect to an application for a variance shall be final, subject only to review by certiorari in the courts. The City shall also have the right to appeal any such decision to the courts. Upon the filing of an appeal or request for review in the courts, the City shall cause a transcript of any tape recording of the hearing to be made and certified to the court, and the party filing such appeal or such review shall pay the City the reasonable cost incurred in producing such transcript, unless such party has a transcript produced by a court reporter at his expense.

(Ord. 2-2016, 2016)

A.

Expiration. All variances shall expire 12 months from the date of issuance if no building permit has been issued to establish the variation authorized, or if the variation does not require a building permit, unless the variation is established, ongoing, and in operation. Such time period shall not be altered by transfer of ownership.

B.

Extension. Upon written request, the Board may grant an extension of the variance for a period not to exceed six months for good cause shown. No request for an extension shall be considered unless a written application requesting the extension is submitted to the City prior to the date the variance is to expire. The variance shall be deemed extended until the Board has acted upon the request for extension. Failure to submit an application for an extension within the time limits established in this section shall render the variance null and void. In considering an extension to a variance, the Board shall follow the procedure herein for approving an initial application.

(Ord. 2-2016, 2016)