8.4.B Conditional Use Permit | Sedona Land Development Code

B. Conditional Use Permit

The conditional use permit procedure provides a mechanism for the City to evaluate proposed land uses that are generally characterized by infrequency of use, high degree of traffic generation, and/or requirement of a large land area. This procedure is intended to ensure compatibility of such uses with surrounding areas and that adequate mitigation is provided for anticipated impacts.

A conditional use permit is required for the establishment of certain land uses as specified in Table 3.1, Table of Allowed Uses. Approval of a new conditional use permit is also required for modification or expansion of an existing conditional use.

Figure 8-4 identifies the applicable steps from Section 8.3, Common Review Procedures, that apply to the review of conditional use permits. Additions or modifications to the common review procedures are noted below.

A pre-application meeting shall be held in accordance with Section 8.3.B, Pre-Application Meeting.

The conditional use permit application shall be submitted, accepted, and revised, and may be withdrawn, in accordance with Section 8.3.C, Application Submittal and Handling.

The applicant shall prepare and implement a Citizen Participation Plan pursuant to Section 8.3.D, Citizen Review Process.

The Director shall review the application and prepare a staff report and recommendation in accordance with Section 8.3.E, Staff Review and Action.

The conditional use permit application shall be scheduled for a public hearing before the Planning and Zoning Commission and noticed in accordance with Section 8.3.F, Scheduling and Notice of Public Hearings.

1. The Planning and Zoning Commission shall review the conditional use permit application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained. The Commission shall approve, approve with conditions, or deny the application in accordance with Section 8.3.G, Review and Decision, based on the general approval criteria in Section 8.3.E(5), Approval Criteria Applicable to all Applications.

2. A conditional use permit may be granted for a limited time period or may be granted subject to such conditions as the Commission may prescribe, effective upon the satisfaction of certain conditions.

3. The decision shall become final 15 days following the date on which the conditional use permit was revoked unless an appeal has been filed with the Director within the prescribed 15-day appeal period, in which case the Council shall render a final decision.

All common procedures in Section 8.3.H, Post-Decision Actions and Limitations, shall apply, with the following modifications:

If the use for which the conditional use permit was approved ceases for a period of two years, the permit shall automatically expire.

If a use permit is granted subject to conditions, upon failure to comply with conditions, a conditional use permit shall be suspended automatically, may invoke enforcement per Section 1.7, Enforcement, or may be revoked subject to the following:

a. The Director shall notify the applicant of the suspension and the reasons for the suspension and specify a time period for the applicant to comply with the condition or conditions.

b. If the applicant fails to comply within the specified time period, the Commission shall hold a public hearing within 40 days. If not satisfied that the condition or conditions in question are being complied with, the Commission may revoke the conditional use permit or take action necessary to ensure compliance with the condition(s).

A conditional use permit granted pursuant to the provisions of this section shall run with the land and shall continue to be valid upon a change of ownership of the site or structure that was the subject of the conditional use permit application. Any proposed revisions or changes to an approved conditional use permit application shall be submitted in the same manner, and subject to the same approval process, as the original review.

In the event that the City Manager determines a public emergency, the Community Development Director may suspend one or more conditions of approval on a conditional use permit.

The Director may approve a minor conditional use permit to authorize the renewal or time extension of any previously issued conditional use permit. Such permit shall continue to be subject to all applicable use-specific standards of this Code. No public notification or hearing is required for issuance of a minor conditional use permit. [Ord. 2023-03 § 1 (Exh. A), 4-25-23; Res. 2019-19 Exh. A, 10-8-19].