COUNCIL USE PERMITS
Mesa City Code § 11-70-6
in effect11-70-6: - COUNCIL USE PERMITS
A. Council Use Permits (CUP). A CUP is a discretionary permit issued by the City Council after review and recommendation by the Planning & Zoning Board.
B. Uses Subject to Council Use Permits. Uses requiring a CUP are established in the use tables in Chapters 4 through 11.
C. Permit Application and Procedures. The procedures for review and consideration of a CUP are as provided in the Chapter 67, Common Procedures.
D. Review Criteria. A CUP shall only be granted if the approving body determines that the project as submitted or modified conforms to all of the following criteria. It if is determined that it is not possible to meet all of the review criteria, the application shall be denied. The specific basis for denial shall be established in the record.
1. Approval of the proposed project will advance the goals and objectives of and is consistent with the policies of the General Plan and any other applicable City plan and/or policies:
2. The location, size, design, and operating characteristics of the proposed project are consistent with the purposes of the district where it is located and conform with the General Plan and with any other applicable City plan or policies;
3. The proposed project will not be injurious or detrimental to the adjacent or surrounding properties in the area of the proposed project or improvements in the neighborhood or to the general welfare of the City; and
4. Adequate public services, public facilities and public infrastructure are available to serve the proposed project.
E. Revocation of Council Use Permits. Any CUP granted under this Chapter may be revoked if any of the conditions or terms of such permit are violated or if any law or ordinance is violated in connection therewith.
1. Initiation of Proceeding. The City Council, by its own action, or following a recommendation from the Planning & Zoning Board or Zoning Administrator, may initiate revocation proceedings.
2. Public Notice. Notice that the possible revocation of the Council Use Permit has been scheduled for hearing before the City Council shall be made pursuant to the requirements of Section 11-67-5, Notice of Public Hearing.
3. Public Hearing. The public hearing regarding the revocation of a use permit or variance shall be conducted pursuant to requirements of Section 11-67-6, Conduct of Public Hearings.
4. Decision of the City Council. The City Council may revoke the Council Use Permit if it makes any of the following findings:
a. That approval was obtained by means of fraud or misrepresentation of a material fact;
b. That the permittee or holder of the permit has failed to initiate construction or undertake the use in question within a 1 year period following the effective date of the permit or variance;
c. That the use in question has ceased to exist or has been suspended for 1 year or more;
d. That there is or has been a violation of or failure to observe the terms or conditions of the permit or variance, or the use has been conducted in violation of the provisions of this Ordinance, law or regulation; or
e. That the use to which the permit or variance applies has been conducted in a manner detrimental to the public safety, health and welfare, or so as to be a nuisance.
Source: City of Mesa, Arizona, Mesa City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/az/mesa/codes/code_of_ordinances?nodeId=COOR_TIT11ZOOR_ART7AD_CH70COUSPE_11-70-6COUSPEFetched: 11/1/2026