2.02 Special Use Permits | Fountain Hills Zoning Ordinance

Section 2.02 Special Use Permits

A. Purpose. Every zoning district contains certain buildings, structures and uses of land which are normal and complementary to permitted 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 section to permit special 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 section to establish principles and procedures essential to proper guidance and control of such uses.

1. Complete Application. Applications for use permits shall be filed electronically on the Town’s website by an owner of real property within the area proposed for the special use using the process established by the Director for such applications. All such applications shall include the information required in this section.

2. Project Narrative. A written statement which includes:

a. A narrative describing the existing zoning, desired use of the property, and reasons justifying the proposed special use permit.

b. A map showing the particular property or properties for which the special use permit is requested and substantially the adjoining properties and the public streets and ways within a radius of three hundred (300) feet of the exterior boundaries thereof.

c. A true statement revealing any conditions or restrictions of record (if any) which would affect the permitted uses of the property and the date or dates (if any) of expiration thereof. If the applicant is not the current owner, or has owned the property for less than one (1) year, this statement should also include any real estate disclosures associated with the purchase of the property.

d. Such photographs, drawings, and other supporting documents (if any) as the applicant may desire to present.

3. A detailed site plan prepared in accordance with Section 2.04(B)(3) showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and requirements of this Zoning Ordinance.

a. For previously developed sites the Development Services Director may allow deviations from the requirements of Section 2.04 provided the submitted site plan still provides the information needed by the Commission and Council to consider the impacts of the proposed use.

b. The applicant may request to have consideration of a conceptual site plan as part of the consideration of the special use permit. If the Development Services Director approves submission of a conceptual site plan with the special use permit, a final site plan in substantial conformance with the conceptual site plan must be submitted and approved as required by Section 2.04 before submittal of building construction plans.

4. A “Good Neighbor Statement” which provides, as applicable, the following:

a. The name and contact information of the property owner.

b. The name and contact information for the business.

c. A commitment to place emergency contact information on the property in a location that is visible to the public.

d. A statement regarding how potentially negative impacts of the proposed use will be mitigated.

e. A statement regarding a process for conflict resolution.

f. A statement regarding steps that will be taken to integrate into the surrounding neighborhood.

5. Citizen Participation Plan. A copy of the Citizen Participation Plan as required by Section 2.08.

6. A list of names and addresses for all property owners within three hundred (300) feet of the exterior boundaries of the property for which an application is made.

7. Filing Fee. Payment of a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the change is initiated by the Council or the Commission or when the applicant is the Town, school district, special purpose district, county, state or federal government.

1. Determination of Complete Application. Before initiating review, the Development Services Director, or designee, shall review the submittal to determine if it is complete and meets the requirements of this section. Applicants will be notified of missing or incomplete application items. Once an application has been determined to be complete the applicant will be notified to pay the application fee. When the fee has been received staff will begin review of the application.

2. Staff Review. Staff will conduct review and analysis of the special use permit and will seek additional information and clarification from the applicant as necessary to prepare a report and recommendation to the Planning and Zoning Commission.

3. Review of a special use permit request will include any item specifically required by this section for a given special use permit plus the following:

a. The nature of the use and the special conditions influencing its location in the particular district;

b. The proposed location of buildings, parking and other facilities within the site;

c. The amount of traffic likely to be generated and how it will be accommodated; and

d. The influence that such factors are likely to exert on adjoining properties.

4. Following notice requirements, the special use permit will be scheduled for public hearings by the Planning and Zoning Commission and Town Council. Unless the applicant requests a delay in writing, staff shall place the request on a Planning Zoning Commission meeting within three (3) months of receiving a complete application. After public hearing, the Planning and Zoning Commission will make a recommendation to the Town Council. The request will be placed on the next available Council agenda at least twenty-eight (28) days after the Planning and Zoning Commission action.

D. Notice. Prior to holding a public hearing, notice of the time and place of the hearing including a general explanation of the matter to be considered and including a general description of the area affected shall be given at least fifteen (15) days before the hearing in the following manner:

1. Notice shall be published at least once in a newspaper of general circulation published or circulated in Fountain Hills.

2. One (1) or more notices as required by the Development Services Director shall be posted on the property. It shall be the responsibility of the applicant to erect and maintain the posting.

3. Notice shall be sent by first class mail to the real property owners within three hundred (300) feet of the external boundaries of the property for which application is made.

1. The Development Services Director shall fix a reasonable time for the hearing of the proposed special use permit and shall give notice in accordance with the Public Notice Requirements Deadline in subsection D of this section.

2. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state their name and town, and, if appearing on behalf of a person or organization, state the name and town of the person or organization being represented. The presiding officer may establish time limits for individual testimony and may require that individuals with shared concerns select one (1) or more spokespersons to present testimony on behalf of those individuals.

3. The body conducting the hearing may cause such investigations to be made as it deems necessary and in the public interest on any matter to be heard by it. Such investigation may be made by a committee of one (1) or more members of the body conducting the hearing or by members of its staff or its agents or employees. The facts established by such investigation shall be submitted to the body conducting the hearing either in writing, to be filed with the records of the matter, or in testimony before the body, and may be considered by the body in making its decision.

4. The body conducting the hearing shall cause a written summary of all pertinent testimony heard at such public hearing, together with a record of the names and addresses of all persons testifying, to be prepared and filed with the papers relating to such matter.

F. Action. It is the express intent of this section that any use for which a special use permit is required shall be permitted in the particular zoning district; provided, that all special conditions and requirements of this section are met.

1. Planning and Zoning Commission. The Planning and Zoning Commission:

a. May recommend approval, approval with conditions, or denial, or may continue a proposed amendment.

b. May for any reason, when it deems such action necessary or desirable, continue such hearing to a time and certain place. However, if the Commission is not able to make a recommendation to the Council at the continued meeting and the applicant does not consent to a further continuance, the matter shall be automatically forwarded to the Council with a recommendation for denial.

c. Shall, unless waived by the applicant, within ninety (90) days after the date of the original hearing, render its decision in the form of a written recommendation to the Council.

d. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Town.

e. The Commission may make such recommendations to the Town Council concerning ways a proposed project may be acceptable and compatible to the area which may include:

i. Modifications to the “Good Neighbor Statement.”

ii. Additional landscaping, setbacks, or other similar measures to mitigate the impact of the proposed use.

iii. Adjustments to the location of proposed uses or activities on the site.

f. Shall include the rationale for its recommendation.

a. Town Council may approve, approve with conditions, deny, or continue a proposed amendment.

b. The action of the Council shall be final and become effective immediately.

1. The Council may establish a time limitation for special use permits. An application for a building permit for the construction of any improvements allowed by any special use permit issued by the Town Council shall be submitted within six (6) months from the date of approval and secured within one (1) year. Any lapsing of the building permit prior to completion of the improvements will cause the special use permit to become null and void.

2. Unless otherwise stipulated by Council approval, if the use(s) approved through the special use permit are not established within eighteen (18) months from the date of Council approval, the special use permit shall become null and void.

3. Prior to the termination of an approved special use permit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated. There shall be no use permit fee for this extension request.

4. 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 (1) year from the date of denial of said use permit.

1. Special use permits granted in accordance with the provisions of this section may be revoked by the Town Council, if any of the conditions or terms of the permit are violated or if any law or ordinance is violated in connection therewith. The Zoning Administrator shall notify the permittee of a violation of a special use permit, in writing. If the violation is not remedied or the remedy is not substantially begun in the opinion of the Zoning Administrator within ten (10) days after notification, the owner/tenant should be notified that the Town Council will consider revocation of the permit at its next meeting.

2. Any special use permit issued by the Town Council shall be considered null and void if construction does not conform to the originally approved site plan. Any requests for deviations from the originally approved site plan shall be processed as a new use permit.

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

2. Any building, structure or use existing on the effective date of the ordinance codified in this section which is reclassified as a special use by this section for the district in which it is located shall be considered as meeting the conditions which would otherwise be imposed upon such use by this section, and its continuance shall not be subject to issuance of a special use permit; provided, however, to the extent that such use fails to conform to the requirements of this section, it shall be considered nonconforming as described in Section 4.01, and its continuance shall be governed by all nonconforming use regulations applicable thereto.

3. Every special use permit issued shall be applicable only to the specific use and to the specific property for which it is issued. Upon completion and final inspection by the Zoning Administrator of any authorized structures, signifying that all zoning and site development requirements imposed in connection with the permit have been satisfied, the special use permit shall thereafter be transferable and shall run with the land, whereupon the maintenance of special conditions imposed by the permit, as well as the compliance with other provisions of this section, shall become the responsibility of the property owner.

J. Modifications and Amendments. Following approval of a special use permit modifications and amendment can be considered as follows:

1. Modifications. Modifications are changes to the nature of the site or approved use and can be minor or major as described below. Minor modifications can be considered and approved administratively by the Development Services Director. Major modifications require review and consideration the same as described in this section for new applications.

a. A modification is considered minor if it does not materially alter the approved plan or other approval, will not intensify any potentially detrimental effects of the project and is consistent with the original findings and all conditions of approval.

b. A modification is considered major if it changes, eliminates or affects a condition of approval (whether adopted by resolution, ordinance or otherwise) such as a change to a discretionary permit, approved plan, or building plan or materially alters a previous approval or plan. Additionally, any modification not determined minor by the Development Services Director is a major modification.

2. Amendments. Amendments are changes to the use(s) approved through the special use permit. Amendments require review and consideration the same as described in this section for new applications. (22-07, Amended, 11/15/2022, Deleted and replaced)