§ 39. USE PERMITS.

A.

Purpose. This section describes the type and processing requirements for each use permit.

B.

Conditional Use Permit.

1.

Use and Designation. The Board of Supervisors, upon recommendation from the Planning and Zoning Commission, may designate land uses that would be compatible with other allowed uses in a zoning classification only when specified performance standards are required.

2.

Method of Designation. Uses allowed under a Conditional Use Permit shall be designated in the Zoning Ordinance and the designation shall include the performance standards required for approval of each use.

3.

Application. Application for a Conditional Use Permit shall be made to the Development Services Department for evaluation and decision. All applications shall comply with these regulations and demonstrate compliance with the required performance standards for the use proposed. Applications shall include:

a.

A form provided by the Development Services Department, fully completed.

b.

Site plan or plot plan in compliance with Section 37.N.

c.

Appropriate fees.

4.

Department Action. Upon receiving a complete application for a Conditional Use Permit, the Department shall review the application for compliance with the performance standards.

5.

Appeal of Department Action. Applicants receiving denial may appeal to the Board of Supervisors, via the Planning and Zoning Commission. All appeals of Conditional Use permits shall be processed in the same manner as Special Use permits. Appropriate fee applies.

6.

Enforcement and Revocation.

a.

A Conditional Use Permit is subject to revocation upon thirty (30) days written notification by Development Services if, in their opinion, the continued use of the use is contrary to the performance standards. The notice shall be sent via certified mail to the owner's address written on the permit application. The owner may appeal the staff's decision to revoke the permit to the appropriate Board of Adjustment in accordance to the provisions of Section 41 of the Mohave County Zoning Ordinance.

b.

A petition signed by fifty-one (51%) percent of the property owners residing within three hundred (300) feet of the property containing the Conditional Use Permit may be submitted stating the alleged violation of one (1) or more specific performance standards and initiate a public hearing to consider revoking the permit. The hearing will be conducted by the appropriate Board of Adjustment and the appeal process will be conducted in accordance with the provisions of Section 41 of the Mohave County Zoning Ordinance.

C.

Special Use Permits.

1.

Use and designation. The Board of Supervisors may designate land uses that are not typically compatible with other land uses allowed in a zone, as being allowed with a Special Use Permit issued by the Board, upon a recommendation from the Commission.

2.

Method of Designation. Uses allowed under a specific use permit shall be designated in the Zoning Ordinance.

3.

Application. Application for a Special Use Permit shall be made to the Mohave County Development Services for evaluation by the Planning and Zoning Commission. All applications shall comply with provisions of these regulations. The application shall include:

a.

A form provided by the Development Services Department, fully completed.

b.

Site plan or plot plan in compliance with Section 37.N.

c.

Completed letters notifying property owners within three hundred (300) feet of the property when proposed Special Use Permit is to be located, accompanied by addressed, stamped envelopes. Letter must include the property location and a description of the proposed use, time and date of public hearing.

d.

Appropriate fees.

4.

Commission Action. When all information requested for an application for a Special Use Permit is submitted to the Development Services Department the request shall be advertised for at least fifteen (15) days prior to the public hearing.

5.

Public Hearing. The Commission shall recommend approval, disapproval or conditional approval of the application. Conditions attached by the Commission shall be enumerated in the recommendation. The Commission's recommendation shall be transmitted to the Clerk of the Board of Supervisors in writing for scheduling according to the Board's schedule.

6.

Board Action. After the Commission decision is received by the Clerk of the Board of Supervisors, the Clerk shall set the matter for action by the Board of Supervisors at its next regularly scheduled meeting. The Board may affirm or reverse the action of the Commission decision or alter or add conditions. If the action of the Board is for approval or conditional approval, the Special Use Permit shall be in effect at once.

7.

Re-Application. No person shall apply for a Special Use Permit for the same use on the same plot or lots within a period of twelve (12) months from the date of final decision or denial of such previous application.