35-305. - Use permits.
(1) General use permits: Land uses permitted by use permit are identified under each zoning district established within this Code. Except as provided in subsections (2), (3), and (4) below, approval of use permits shall be subject to the following standards and procedures:
(a) Application: Application procedures for use permits shall be the same as applications for amendments to the Zoning Code as outlined in Article XXVI. The Planning and Zoning Commission shall make a recommendation to [the] City Council on applications after proper advertising of public notices and posting of property.
(b) Review: Review and approval of use permits shall include but not be limited to examination of the following factors, where applicable:
1. Consistency with general plan.
2. Ingress and egress to property and proposed structures, pedestrian and vehicular circulation with particular reference to fire protection.
3. Off-street parking and loading.
4. General compatibility of use with adjacent property and property in the district.
5. Impact on public services, including schools, recreation and utilities.
6. Screening and buffering of uses.
7. Signage.
8. Exterior lighting with reference to adjacent properties.
9. Stormwater retention and landscaping.
10. Site and building design for conformance with the general plan and policies and City standards.
(c) Approval: Use permits may be granted by the City Council upon a finding that the request:
1. Is in conformance with the general plan and its policies.
2. Will not be detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood or to the public welfare in general, and that the use will be in full conformity with the conditions, requirements or standards prescribed by this Code or higher as may be deemed necessary by City Council in any one (1) situation.
Minor changes to the approved plan may be approved by the Zoning Administrator. Any major deviations may be approved by the City Council.
(d) Timing condition: Use permits granted by the City Council shall be void if the use is not commenced or substantial construction has not taken place within one (1) year of such Council action or within a time period stipulated by the Council.
Continuation of the use permit beyond the expiration date shall require re-application and approval by the City Council.
Once an application is submitted, the enforcement on any violation for operating without a use permit is stayed until final vote of the City Council.
(e) Revocation or suspension:
1. In addition to any other penalties or remedies provided by this Zoning Code, the Zoning Administrator may suspend or revoke a use permit upon a finding of:
A material change in the permitted use or the conditions prescribed upon issuance of the use permit has occurred without an amendment to the use permit having been obtained; or
Material noncompliance with the conditions prescribed upon issuance of the use permit or with the representations made by the permit holder in connection with the application for the use permit as to the nature of the conditional use to be conducted; or
Operation of the permitted use in such a manner as to cause a substantial detrimental impact on neighboring persons or property.
2. To suspend or revoke a use permit, the Zoning Administrator shall deliver or mail by certified mail to the address indicated on the use permit application and, if different from application address, the address of the property subject to the use permit, a written notice that the use permit is suspended or revoked and which states the grounds therefore.
Upon written request received by the Zoning Administrator within ten (10) days of the date of the notice by the permit holder, or any person whose use of the permitted property will be adversely affected by the suspension or revocation, the matter will be referred to the Board of Adjustment on an appeal pursuant to the appeal procedures provided under section 35-2503 of this Zoning Code. If an appeal is not received within ten (10) days of the date of the notice, the suspension or revocation shall take effect on the eleventh day after the date of the notice.
The decision of the Board of Adjustment may be appealed as provided in section 35-2503 of this Zoning Code.
3. A use permit may be renewed by filing an application for renewal and upon approval by City Council. The application for renewal shall be filed with the Zoning Administrator not less than sixty (60) days prior to expiration of the current permit. Any application for renewal shall be considered in accordance with the same standards and procedures as an original application.
(2) Adult use permits: A use permit to operate a sexually oriented business shall be obtained pursuant to the provisions of this subsection. Approval of such an adult use permit shall be subject to the following standards and procedures:
(a) Application:
1. Application for an adult use permit shall be on a form prescribed and provided by the Zoning Administrator and shall be signed by the property owner. In the event the application includes property other than that owned by the applicant for the permit, a letter shall accompany the application from the property owner authorizing the applicant to include the property in the application.
2. The application shall include as an attachment an accurate, to-scale, but not necessarily professionally drawn, floor plan or diagram of the business premises clearly showing the configuration of the premises, including a statement of total floor space occupied by the business. Each diagram should be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions to show the various internal dimensions of all areas of the interior of the premises to an accuracy of plus or minus six (6) inches. The Zoning Administrator may waive the foregoing diagram for renewal applications if the applicant adopts a diagram that was previously submitted and certifies that the configuration of the premises has not been altered since it was prepared.
3. The application for an adult use permit shall be deemed filed with the City when the required application fee and completed application form is received by the Zoning Administrator.
(b) Review procedures: The procedures for review of the application for adult use permit shall be the same as for any other type of use permit, except as follows:
1. No more than seventy (70) days shall elapse between the filing of the application for an adult use permit and a determination by the City Council to grant or deny the permit, unless such delay is caused by the applicant.
2. In all cases, the Planning and Zoning Commission shall hold a public hearing on the application in accordance with the requirements of section 35-2602 of this Zoning Code. A second public hearing pursuant to section 35-2602 of the Zoning Code may be held before the City Council only if such hearing will not delay the City Council's determination of the application within the time specified in subparagraph 1 above.
3. If the Planning and Zoning Commission recommends denial of the application, it shall state in the record:
a. A finding that the applicant's proposed business does not meet the location and distance requirements set forth in paragraph (c)1. below and the basis for such finding; or
b. Each of the categories of harm set forth in paragraph (c)2. below which it finds would be significantly increased by granting the application and the basis for such findings.
4. If the City Council denies the application, it shall state in the record:
a. Its finding that the applicant's proposed business does not meet the location and distance requirements set forth in paragraph (c)1. below and the basis for such finding; or
b. Each of the categories of harm set forth in paragraph (c)2. below which it finds would be significantly increased by granting the application and the basis for such findings.
(c) Location and distance requirements; permit review criteria:
1. A sexually oriented business shall meet location and distance requirements as follows:
a. A sexually oriented business shall be located only within the districts specified for such use in section 35-2100.
b. A sexually oriented business shall not be located within one thousand (1,000) feet of any other sexually oriented business, which distance shall be measured in a straight line, without regard to intervening structures, from the closest exterior actual wall of each sexually oriented business to be conducted.
c. A sexually oriented business shall not be located within five hundred (500) feet of a public or private school, preschool, nursery school, kindergarten or day care center; any church; any public park; any lot devoted wholly to a residential use; or any of the following residential zoning districts: AG-1, SF-33, SF-18, SF-10, SF-8.5, MF-1, MF-2, MF-3, MH-1; which distance shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the sexually oriented business to the closest property line of the nearest school, preschool, kindergarten, day care center, church, public park, or residential lot, or to the closest boundary line of the nearest residential zoning district listed above; but such measurement shall exclude any street.
2. The application for an adult use permit shall be granted if the sexually oriented business meets the location and distance requirements set forth above, unless the City Council has found in writing that the granting of such a use permit will endanger the public health, safety or welfare by significantly increasing the likelihood of one (1) or more of the following:
a. Damage or nuisance arising from noise, smoke, odor, dust, vibration or illumination.
b. Hazards to persons or property from possible explosion, contamination, fire or flood.
c. Hazards to the public health arising from the creation of a sanitary nuisance.
d. Disruptive or illegal conduct in the areas in which the premises are located.
e. Impact on surrounding property resulting from an unusual volume or character of traffic.
f. Substantial diminution of the market value of surrounding property.
g. Substantial diminution in the enjoyment of use of surrounding property.
h. Substantial deterioration of the quality and character of the surrounding neighborhood.
(d) Issuance of permit:
1. An adult use permit shall be valid for a period of one (1) year from the date of issuance, except as provided in paragraph (d)5. below. The date of issuance shall be deemed to be the date on which the City Council takes action to grant the application for adult use permit.
2. An adult use permit shall be valid only for the specific type of use granted.
3. The validity of an adult use permit is further conditioned upon the permit holder and the permitted premises being at all times in compliance with applicable City building codes, development standards and other land use regulations stated in the Zoning Code or any other ordinance or code adopted by the City of Chandler.
4. An adult use permit is only valid for a sexually oriented business operated in accordance with the floor plan and diagram submitted with the application. Any modification, change, or alteration in the floor plan or expansion of the floor area of the establishment shall require the reapplication and issuance of a new adult use permit.
5. An adult use permit is automatically void if the permitted use is not commenced by the permit holder or substantial construction has not taken place within nine (9) months after the date of issuance of the permit.
(e) Nontransferability of permit: An adult use permit is not transferable to any other person or place, nor is it valid for any type of sexually oriented business not specifically identified in the permit.
(f) Permit renewal:
1. An adult use permit may be renewed by filing an application for renewal on a form provided by the Zoning Administrator. The application for renewal shall be received by the Zoning Administrator not less than seventy (70) days before the expiration of the permit. When the application for renewal is received less than seventy (70) days before the expiration date, the expiration of the permit shall not be delayed, postponed or otherwise affected.
2. An application for renewal shall be considered following the same procedures as an original application. The application for renewal may be denied for any reason that an original application may be denied or revoked.
3. Once an application for renewal is submitted, the enforcement on any violation for operating without a use permit may be stayed until final vote of the City Council.
(g) Other permits or regulations: An adult use permit is in addition to any other permit required by this Zoning Code, or any other license or permit required by the City, the County, or the State to engage in the business or occupation.
(h) Suspension or revocation: The Zoning Administrator shall suspend an adult use permit for a period of thirty (30) days if a permit holder is convicted of violating a provision of this Zoning Code. The Zoning Administrator shall revoke an adult use permit if the permit holder is convicted of three (3) or more violations of this Zoning Code in any twelve-month period or gave false or misleading information in the permit application. The fact that a conviction is being appealed shall have no effect on the revocation of the permit.
(i) Procedure for suspension or revocation:
1. If the Zoning Administrator determines that grounds exist to suspend or revoke an adult use permit, the Zoning Administrator shall notify the permit holder (respondent) in writing of the intent to suspend or revoke, which notice shall include a summary of the grounds therefor. The notice shall be sent by registered or certified mail to the address of the permit holder listed in the most recent permit application; and the effective date of notice shall be the date the notice is actually received or five (5) days after the date the notice is mailed, whichever occurs first. Within ten (10) days after the effective date of notice, the respondent may provide to the Zoning Administrator in writing a response which shall include a statement of reasons why the permit should not be suspended or revoked and which may include a request for a hearing. If a timely response is not received by the Zoning Administrator, the suspension or revocation shall be final; and notice thereof shall be sent to the permit holder by registered or certified mail.
2. Within seven (7) days after receipt of a response, the Zoning Administrator shall either withdraw the intent to suspend or revoke, and so notify the respondent, or shall schedule a hearing and notify the respondent in writing by certified mail of the date, time and place of the hearing. The hearing shall be held not less than fifteen (15) nor more than twenty (20) days after receipt by the Zoning Administrator of the request for a hearing. The hearing shall be conducted in an informal manner. The respondent may be represented by counsel. The rules of evidence will not apply. The Zoning Administrator shall render a written decision within five (5) days after completion of the hearing and shall mail a copy of the decision by certified mail to the address of the respondent listed in the current year's application. In the case of a decision to revoke or suspend a permit the permit holder may continue to function under the permit pending receipt of the final decision of the Zoning Administrator. The decision shall be deemed final five (5) days after it is mailed and shall constitute final administrative action.
3. A final administrative decision to suspend or revoke a permit may be appealed to the superior court by special action or other available procedure within thirty-five (35) days after service of written notice of the decision. Service shall be deemed to have occurred at the end of five (5) days after written notice of the decision is mailed.
(j) No deviation: The requirements set forth in subsection (2) of section 35-305 of the Zoning Code are not subject to deviation or variance by any City Administrator, the Planning and Zoning Commission, the Board of Adjustment or the City Council.
(k) A sexually oriented business lawfully operating is not rendered in violation of the Zoning Code by the location, subsequent to the granting or renewal of an adult use permit, of a school, preschool, kindergarten, nursery school, day care center, church, public park, residential lot, or residential district within five hundred (500) feet of the sexually oriented business. This provision applies only to the renewal of a valid license and does not apply when an application for a permit is submitted after a permit has expired or has been revoked.
(3) Residential child care: A use permit to operate residential child care, as defined in section 35-200 of this chapter, shall be required in any residential zoning designation, including Planned Area Development (PAD), in accordance with the provisions of this subsection. In Home Day Care, also as defined in Section 35-200 of this chapter, shall be exempt from these requirements. Approval of any use permit to operate residential child care shall be subject to the following standards and procedures:
(a) Application. Application procedures for a use permit to operate residential child care shall be the same as the application procedures for general use permits, as set forth in subsection 35-305(1), except that in addition to those requirements, an application shall also provide:
1. A site plan and floor plan of the residential dwelling in which the residential child care is proposed, illustrating: (i) lot dimensions with front, side, and rear setbacks; (ii) house square footage with a graphic indication of that portion proposed for the residential child care activity; (iii) garage/carport area, plus driveway length; (iv) patio areas, accessory structures, storage sheds, and swimming pools or jacuzzis including security provisions; and (v) outdoor play area(s) including fence heights along adjoining property lines;
2. A map depicting the location of any other residential child care location(s) known by the applicant to be within a quarter mile of the proposed location; and
3. License approval, or other evidence that the proposed residential child care use complies with the applicable standards and requirements specified by the State of Arizona Department of Health Services. Such licensure, or other evidence of compliance with State requirements, shall not be construed as guaranteed approval of a use permit by the City of Chandler.
(b) Review. Review and approval of an application for a use permit to operate residential child care shall consider all relevant land use factors, including those stated in Section 35-305(1)(b) of this chapter for consideration of general use permits, as well as the applicant's capability of meeting the criteria for said use permit, as set forth in subsection 35-305(3)(d) below, but excluding factors relating to the quality of the program to be provided, or the applicant's qualifications to provide such a program.
(c) Approval. An application for a use permit to operate residential child care may be approved or denied by the City Council, based upon the findings set forth in subsection 35-305(1)(c). Approval of such a use permit application shall not be construed as any endorsement or approval of the child care program to be provided by the applicant, or of the licensing, training, or other qualifications of the applicant and its employees to provide such a program.
(d) Use permit criteria. Approval of any application for a use permit to operate residential child care, shall be subject to complete and continual compliance with each of the following criteria:
1. Capacity. The number of children being cared for, and the ratio of staff to children, shall be limited by the requirements set forth by the State of Arizona Department of Health Services, but in no event shall the number of children being cared for exceed ten (10) for compensation, nor shall the total number of children being cared for, whether or not for compensation, exceed fifteen (15).
2. Location. No new residential child care use not already licensed by the State of Arizona Department of Health Services and in full operation prior to the effective date of these regulations, shall be located on a lot within twelve hundred (1,200) feet, measured by a straight line in any direction, from the lot line of another residential child care provider.
3. Signage. The residential child care use shall have no identification from a public street by signage, graphics, display, or other visual means, except for signage otherwise permitted under Chapter 39, section 39-9 of the City Sign Code.
4. Screening. All outdoor play areas shall be completely screened and enclosed by a six-foot high solid masonry wall with solid gates.
5. State licensure. The residential child care use shall be subject to licensure by the State of Arizona Department of Health Services, with proof thereof from the applicant kept on file with the City of Chandler Current Planning Division.
6. City Code Compliance. The residential child care use shall comply with the standards and requirements of all applicable City Codes, including but not limited to, the Uniform Building Code, Uniform Fire Code, Zoning Code, Subdivision Regulations, and City Business Licensing.
7. Parking. No existing garage, carport structure, or driveway shall be expanded, enclosed, displaced, or otherwise modified for the purpose of accommodating the Residential Child Care use.
8. Building expansion and remodeling. Any expansion, remodeling, or other modification of a residential dwelling, whether planned or already existing for the purpose of accommodating a residential child care use, may be permitted, provided however, that such expansion, remodeling, or other modification is determined, either through plan review or on-site inspection, to be fully compliant with all applicable City Codes, without need for variance or relief from standard requirements.
(e) Use permit effect. Use permit approval for operating residential child care shall be valid for a period of one (1) year from the date of City Council approval, or for any longer period as may be specified by Council, but shall be deemed void if the use is not commenced by the applicant within nine (9) months after the date of approval for a one (1) year period, or if not commenced within one (1) year after the date of approval for any period greater than one (1) year.
1. Use permit approval for operating residential child care shall be applicable only to the applicant and location identified on the application, and shall not be transferable to any other person or location.
2. A use permit to operate residential child care may be renewed by filing an application for renewal, and upon approval by City Council. The application for renewal shall be filed with the Zoning Administrator not less than sixty (60) days prior to expiration of the current permit. Any application for renewal shall be considered in accordance with the same standards and procedures as an original application.
3. Once an application is submitted, the enforcement on any violation for operating without a use permit may be stayed until final vote of the City Council.
(4) Entertainment use permits: A use permit to provide entertainment activity, as defined in section 35-200 of this chapter, or outdoor seating with external speakers, shall be obtained pursuant to the provisions of this subsection. Approval of an entertainment use permit shall be subject to the following standards and procedures:
(a) Applicability:
1. Entertainment activity shall require a use permit, when all of the following criteria are met:
i. Entertainment activity, as defined in section 35-200, is provided, or outdoor seating with external speakers is provided; and
ii. Alcoholic beverages are sold or served and consumed on-site; and
iii. If live entertainment is not provided outdoors, the property is located six hundred (600) feet or less from a residentially zoned property. Said distance shall be measured from the closest exterior wall or fence of any indoor or outdoor space occupied by the subject establishment to the closest property line of a residentially zoned property; and
iv. If live entertainment is provided outdoors, the property is located one thousand three hundred twenty (1,320) feet or less from a residentially zoned property. Said distance shall be measured from the closest exterior wall or fence of any indoor or outdoor space occupied by the subject establishment to the closest property line of a residentially zoned property.
2. A property with a current liquor use permit shall not be required to obtain an entertainment use permit, unless subject to a condition of approval related to a time limit. Liquor use permit conditions related to entertainment activity shall remain in effect.
(b) Application:
1. Application procedures for an entertainment use permit shall be the same as the application procedures for general use permits, as set forth is subsection 35-305(1)(a) of this chapter.
2. The application shall be on a form prescribed and provided by the Zoning Administrator and shall be signed by the property owner. In the event the application includes property other than that owned by the applicant for the permit, a letter of authorization shall accompany the application from the property owner authorizing the applicant to include the property in the application.
3. The application shall include an accurate floor plan and a site plan of the business premises, including total floor space occupied by the business, floor space of indoor and outdoor entertainment area(s), including outdoor patio(s), dance floors, and/or performance area(s).
4. The application shall be deemed filed with the City when the required application fee and completed application form is received by the Zoning Administrator.
(c) Review standards: Review for an entertainment use permit shall consider all relevant land use factors, including those stated in subsection 35-305(1)(b) of this chapter, as well as compliance with the following standards.
1. Permitted uses: The primary use requesting an entertainment use permit is permitted by the zoning district with or without a use permit pursuant to Article XXI, Table of Permitted Uses for Nonresidential Districts.
2. Adjacency to residential: Potential impacts to residential properties shall be evaluated and mitigated considering the following, where applicable:
a. Outdoor areas, including patios and/or performance areas.
b. External speakers and/or televisions utilized to amplify or broadcast indoor entertainment, recorded music, and/or events.
c. Entertainment hours.
d. Windows, doors, and other building openings.
(d) Approval: The Planning and Zoning Commission shall hold a public hearing on the entertainment use permit application in accordance with the requirements of section 35-2602 of this Zoning Code. The City Council may approve or deny said use permit based upon findings of compliance or non-compliance with the review criteria identified herein.
(e) Issuance:
1. The City Council may grant approval of an entertainment use permit subject to a specified time limit based on the characteristics of the application and the sensitivity of neighboring residences. If such a time limit is applied as a condition of approval, the time limit shall commence on the date on which the City Council takes action to grant the application for an entertainment use permit.
2. The validity of an entertainment use permit is dependent upon the use permit holder and the permitted premises being at all times in compliance with applicable City building codes, development standards and other land use regulations stated in the Zoning Code or any other ordinance or code adopted by the City of Chandler.
3. An entertainment use permit is only valid when operated in accordance with the floor plan, site plan, and narrative approved by the City Council. Any significant modification, change, or alteration in the floor plan or significant expansion of the floor area of the establishment shall require the reapplication and issuance of a new entertainment use permit.
(f) Nontransferability: An entertainment use permit is not transferable to any other business location.
(g) Renewal: An entertainment use permit approved with a time limit shall submit a new application for renewal of the entertainment use permit not less than sixty (60) days prior to the expiration of the time limit. The application shall be considered, reviewed, approved or denied following the same procedures and criteria as the original application.
Once an application is submitted, the enforcement on any violation for operating without a use permit may be stayed until final vote of the City Council.
(h) Revocation or suspension: The Zoning Administrator may suspend or revoke an entertainment use permit pursuant to the criteria and procedures specified in section 35-305.
(Ord. No. 956, § 1, 6-11-81; Ord. No. 2413; § 2, 11-18-93; Ord. No. 2645, §§ 3, 4, 6-13-96; Ord. No. 3063, § 3, 11-18-99; Ord. No. 3240, § 2, 6-14-01; Ord. No. 3421, § 2, 1-23-03; Ord. No. 4278, § 2, 2-24-11; Ord. No. 4513, § II, 11-8-13; Ord. No. 4567, § II, 10-20-14; Ord. No. 4764, § I, 8-10-17; Ord. No. 4846, § 2(Exh.), 12-10-18; Ord. No. 4931, § 2(Exh.), 8-13-20; Ord. No. 5075, § 2(Exh.), 2-22-24)
