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HomeMy WebLinkAboutORD71ORDINANCE NO.71 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,REPEALING ORDINANCE NUMBERS 8,14,27,28,30,32,33,34,41, 44,45,46,48,55,56,57,60,61,62 and 70,BEING THE "APACHE JUNCTION, ARIZONA,ZONING ORDINANCE".AS AMENDED,AND INCLUDING BY REFERENCE THE MAP ENTITLED "ZONING DISTRICT MAP,CITY OF APACHE JUNCTION,ARIZONA",AND ADDING TO THE CITY CODE OF APACHE JUNCTION,ARIZONA,IN LIEU THEREOF A CODIFICATION OF ORDINANCE NUMBERS 8,14,27,28,30,32,33,34,41,44, 45,46,48,55,56,57,60,61,62 AND 70,INCLUDING THE ADOPTION BY REFERENCE OF THE MAP ENTITLED "ZONING DISTRICT MAP,CITY OF APACHE JUNCTION, ARIZONA",TO BE HENCEFORTH KNOWN AS CITY CODE OF APACHE JUNCTION,ARIZONA (VOLUME II),LAND DEVELOPMENT CODE,CHAPTER 1,APACHE JUNCTION,ARIZONA, ZONING ORDINANCE;PROVIDING PENALTIES FOR THE VIOLATION THEREOF;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION. ARIZONA.THAT: SECTION I .IN GENERAL 1.Ordinance Numbers 8,14,27,28,30,32,33,34,41,44,45,46,48, 55,56,57,60,61,62 and 70,adopting the Apache Junction,Arizona, Zoning Ordinance and the various amendments thereto,including the adoption by reference of the map entitled "Zoning District Map,City of Apache Junction,Arizona",and the various amendments thereto are hereby repealed. 2.That certain document,known as City Code of Apache Junction,Arizona, (Volume II),Land Development Code,Chapter 1,Apache Junction,Arizona, Zoning Ordinance,hereinafter referred to as Apache Junction,Arizona, Zoning Ordinance,three (3)copies of which are on file in the Office of the City Clerk of the City of Apache Junction,Arizona,which docu- ment was made a public record by Resolution No.80-34 of the City of Apache Junction,Arizona,is hereby added to the City Code of Apache Junction,Arizona,referred to,adopted and made a part thereof as i f fully set out in this Ordinance. 3.That certain document referred to as Apache Junction,Arizona,Zoning Ordinance,is a codification of the above referenced Ordinance Numbers 8,14,27,28,30,32,33,34,41,44,45,46,48,55,56,57,60,61, 62 and 70,and includes by reference the map entitled "Zoning District Map,City of Apache Junction,Arizona",and which reflects all amend- ments to the said map made to date as listed above. 4.That certain document referred to as Apache Junction,Arizona,Zoning Ordinance,consist of the following Articles: ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE 1 SHORT TITLE 2 GENERAL PURPOSE AND ADOPTION 3 APPLICATION OF ORDINANCE 4 DEFINITIONS 5 ZONES,MAPS,BOUNDARIES 6 SR -SUBURBAN RANCH ZONE 7 SH -SUBURBAN HOMESTEAD ZONE 7A CAR -COMMERCIAL AGRICULTURE 8 GR -GENERAL RURAL ZONE 9 CR-1 -SINGLE RESIDENCE ZONE 10 CR-2 -SINGLE RESIDENCE ZONE 11 CR-3 -SINGLE RESIDENCE ZONE 12 CR-4 -MULTIPLE RESIDENCE ZONE 13 CR-5 -MULTIPLE RESIDENCE ZONE 14 TR -TRANSITIONAL ZONE 15 CB -1 -LOCAL BUSINESS ZONE 16 CB -2 -GENERAL BUSINESS ZONE OF ZONING ORDINANCE RANCH ZONE Page 2 Ordinance No.71 ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 CI -1 -LIGHT INDUSTRY AND WAREHOUSE ZONE CI -2 -INDUSTRIAL ZONE GUEST RANCH REGULATIONS TH -TRAILER HOMESITE ZONE PARKING AND LOADING SIGNS,BILLBOARDS,NAME PLATES,AND OTHER OUTDOOR ADVERTISING GENERAL PROVISIONS AND EXCEPTIONS BOARD OF ADJUSTMENT AND APPEALS PROCEDURE FOR VARIANCES INTERPRETATION,PURPOSES AND CONFLICT ENFORCEMENT (PERMITS AND FEES) ZONING ORDINANCE AMENDMENTS AND CHANGES SALE OF COPIES REPEAL OF INCONSISTENT PROVISIONS SEVERABILITY AREA AND NEIGHBORHOOD PLANS PLANNED DEVELOPMENT ZONING DISTRICT SECTION II.PROVIDING PENALTIES FOR THE VIOLATION THEREOF Any person,firm or corporation,whether as principal,owner,agent,tenant, employee or otherwise,who violates any provisions of this Ordinance or vio- lates or fails to comply with any order or regulation made hereunder,shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than one -thousand ($1,000.00)dollars or by a term not exceeding six (6)months or by both such fine and imprisonment,and each day's continuance of a violation shall be deemed a separate offense. SECTION III.REPEAL OF CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference,are hereby repealed. SECTION IV.PROVIDING FOR SEVERABILITY I f any section,sub -section,sentence,phrase,clause or portion of this ordinance or any part of the code adopted herein by reference,is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction,Arizona,this sixthday of November ,19 80 ATTEST *ze/c, City Clerk APPROVED AS TO FORM City Attorney Mayor / THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA VOLUME II LAND DEVELOPMENT CODE ARTICLE 1 ARTICLE 2 ARTICLE 3ARTICLE4 ARTICLE 5ARTICLE6 ARTICLE 7 ARTICLE 7A ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 ARTICLE 25ARTICLE 26ARTICLE 27 ARTICLE 28ARTICLE 29ARTICLE 30ARTICLE 31ARTICLE 32ARTICLE 33 INDEX SHORT TITLE ......1 GENERAL PURPOSE AND AD OPTION OF ZONING ORDINANC E 2 APPLICATION OF ORDINANCE .........3DEFINITIONS.............7 ZONES, MAPS AND BOUNDARIES ........16SR SUBURBAN RANCH ZONE . . . . . . . . .18 SH SUBURBAN HOMESTEAD ZONE 24.......CAR -COMMERCIAL AGRICULTURE RANCH ZONE ...25 GR GENERAL RURAL ZONE ..........27CR-1 SINGLE RESIDENCE ZONE ........29 CR-2 SINGLE RESIDENCE ZONE ........31CR-3 SINGLE RESIDENCE ZONE ........32 CR-4 MULTIPLE RESIDENCE ZONE .......34 CR-5 MULTIPLE RESIDENCE ZONE .......36 TR TRANSITIONAL ZONE ..........37 CB -1 LOCAL BUSINESS ZONE .........39 CB -2 GENERAL BUSINESS ZONE ....43CI -1 LIGHT INDUSTRY AND WAREHOUSEZONE ...48 CI -2 INDUSTRIAL ZONE ..........52 GUEST RANCH REGULATIONS .........55 TH TRAILER HOMESITE ZONE .........56 PARKING AND LOADING . . . . . . . . . .60 SIGNS, BILLBOARDS, NAME PLATESAND OTHER OUTDOOR ADVERTISING .......71GENERAL PROVISIONS AND EXCEPTIONS ......77BOARDOF ADJUSTMENT AND APPEALS ......88 PROCEDURE FOR VARIANCES ........92INTERPRETATION, PURPOSES AND CONFLICT ...95ENFORCEMENT.............96 ZONING ORDINANCE AMENDMENTS AND CHANGES ...101SALE OF COPIES ............104REPEAL OF INCONSISTENT PROVISIONS ......105SEVERABILITY .............106 AREA AND NEIGHBORHOOD PLANS .„„•107PLANNED DEVELOPMENT ZONING DISTRICT ....112 ) I THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, DOES ORDAIN AS FOLLOWS: LAND DEVELOPMENT CODE CHAPTER 1 ZONING ORDINANCE APACHE JUNCTION,ARIZONA ARTICLE 1 SHORT TITLE: SEC 101 This Ordinance may be referred to as The Apache Junction Zoning Ordinance, ARTICLE 2 GENERAL PURPOSE AND ADOPTION OF ZONING ORDINANCE: SEC.201 For the promotion and protection of the public health, peace,safety,comfort,convenience and general welfare and in order to secure for the citizens of Apache Junction,Arizona the social and economic advantages of an orderly,efficient use of land,there is hereby adopted and established this Zoning Ordinance for the City of Apache Junction,Arizona,and rules, regulations and plans by which the future growth and development of said City may be directed in accordance with said Ordinance, as provided in ARS 9-462 ET.SEQ. ARTICLE 3 APPLICATION OF ORDINANCE: SEC.301 GUIDING PRINCIPLES:The following principles and rules are hereby adopted as a guide in the use and application of this Ordinance: a.The powers of the City Council,the Planning and Zoning Commission,the Board of Adjustment,the Zoning Admini- strator,and all other persons or agencies charged with the administration of this Ordinance shall be strictly limited by the expressed intent of the Legislature in the enactment of the Planning and Zoning Act of 1949 and by the language of this Ordinance. b.All terms used herein shall be interpreted accord- ing to their common,plain,natural and accepted usage when not otherwise defined herein. c.In any dispute concerning the application of any provision of this Ordinance,that solution shall be favored which is most reasonable with regard to the general purpose of this Ordinance and the established and accepted principles of American planning and zoning law. d.The application of this Ordinance to any property or use classified herein shall be governed by all the particular facts in each individual case,and the fundamental rights of any individual owner shall not be prejudiced by reason of his being a minority,either in number or in land interests concerned in said application. e.The right of every affected property owner to petition and to be heard whenever the application of this Ordinance is at issue,shall be strictly observed at all times. f .No special favors or privileges shall be granted to any individual or group of property owners and no permit shall be issued under the terms of this Ordinance which will or might reasonably tend to destroy the established economic or social uses and of adjacent or surrounding properties: On every application of this Ordinance to any given area,the relative importance of the interests involved shall be as follows: First,established conforming uses of adjacent or . surrounding properties have an equal or higher classification; -3 Second,the cost of tax -supported and.other public services to the area affected,and the increased or decreased share of this cost which might be borne by said area if a proposed use or change of classification is permitted;and Third,the value of the proposed classifications and uses to the orderly development of the neighborhood or area affected. g.The theory and use of "spot"zoning is hereby speci- fically repudiated in the application of any classification of this Ordinance to any given land area. SEC.302 REGULATIONS:Except as hereinafter provided: a.All property,except that covered by statutory exemptions,shall be hereby governed according to the type of zone in which the same is located,as shown on the zoning maps adopted and made part hereof,and shall be subject to the regulations hereinafter set forth for such zones,the regulations applying to specific uses and the general regulations hereinafter set forth. b.No building shall be erected and no existing building shall be moved,altered,added to or enlarged nor shall any land, building or premises be used,designed or intended to be used for any purpose or in any manner other than a use listed in this Ordinance or amendments thereto as permitted in the zone in which such land,building or premises is located. c.No building shall be erected,nor shall any existing building be moved,reconstructed or structurally altered to exceed in height the limit established by this Ordinance or amendments thereto for the zone in which such building is located. d.No building shall be erected,nor shall any existing building be moved,altered,enlarged or rebuilt,nor shall any open spaces surrounding any building be encroached upon or re- duced in any manner except in conformity with the building -site requirements and the area and yard regulations established by this Ordinance or amendments thereto for the zone in which such building is located. e.No yard or other open space provided about any build- ing for the purpose of complying with the regulations of this Ordinance or amendments thereto shall be considered as providing a yard or open space for any other building or structure. f .No structure shall be erected in a required front yard,side yard or rear yard,except as specifically permitted herein. g.The express enumeration and authorization herein of a particular class of building,structure,premises,or use in a zone shall be deemed a prohibition of such building,structure, premises or use in all other zones or more restrictive classi- fication. SEC.303 EXEMPTIONS:The provisions of this Ordinance shall not prevent,restrict or otherwise regulate in any district or zone the use or occupation of land or improvements for railroad, mining,metallurgical,grazing or general agricultural purposes, as defined herein provided the tract or premises so used is not less than five (5)contiguous commercial acres.Land shall be classified as being used for grazing purposes when 50% or more of the owner's income from said land is derived from the use of or from the rental of said land for grazing purposes,and land shall be classified as being used for general agricultural pur- poses when 50% or more of the owner's income from said land is derived from the production of agricultural products or from the rental of said land for the production of said products. SEC.304 NON -CONFORMING USES EXEMPTED:The provisions of this Ordinance shall not affect existing uses of property or the right to its continued use or the reasonable repair or altera- tion thereof for the purpose for which used at the time this Ordinance becomes effective or for any other use of the same or a more restrictive classification.A non -conforming business use within any district or zone shall have the right to expansion, provided i t does not exceed 100% of the area of the original business.Business uses as used in this section shall be limited to the uses described in Sections 1401-b,1501-b,1601-b,1601-c 1701-c,1701-d,1801-b,and 1801-e of this Ordinance.Area.of ,the original business is defined as being any land or building,or both,improved for a business purpose. SEC.305 NON -CONFORMING USE OF LAND:The lawful use of land exist- ing at the time this Ordinance becomes effective,or on the effective date of any amendment of the text or of the maps hereof, although such use does not conform to the provisions hereof for said land,may be continued,but i f such non -conforming use is discontinued for a period of 12 months,any future use of said land shall be in conformity with the provisions of this Ordinance. SEC.306 NON -CONFORMING USE OF BUILDINGS 'i The lawful use of a -• building existing at the time this Ordinance becomes effective, 5 although such use does not conform with the provisions hereof for such building and such use may be continued provided no structural alterations, except those required by law or Ordinance or permitted by the Board of Adjustment under this Ordinance,are made herein.If any such non -conforming use is discontinued for a period of 12 months,any future use of said building shall be in conformity with the provisions of this Ordinance, provided that the owner of any building which is under construction or vacant on the effective date of this Ordinance and is designed for a use not in conformity with the zoning classification in which i t is located on said date,may upon application have a certificate of non- conforming use issued by the Zoning Administrator within 60 days from the effective date of this Ordinance,which certificate shall establish the non -conforming character of said building for a period not to exceed 12 months from the effective date of this Ordinance.Occupancy of said building by a use permitted under said certificate during said period, shall establish said use as a non -conforming use under this section.A certificate for an additional period of not more than 12 months may be granted by the Board of Adjustment at or before the expiration of the original certificate upon the showing of extreme hardship and that the surrounding area would not be subject to additional damage thereby. SEC.307 LAWFUL PRE-EXISTING USE -REBUTTABLE PRESUMPTION: 1.Legislative Intent:The Apache Junction City Council finds that there exist many uses of property,land,and buildings in the city of Apache Junction which may or may not have been lawful uses under Pinal County codes prior to the city's incorporation;that said uses,even if not lawful under Pinal County codes,have often been in existence for a period of several years;that the records of Pinal County are incomplete,making a determination of lawfulness or unlawfulness im- possible in many cases;that the absence of such records causes hardships on the citizens of Apache Junction;and,that the adoption of a rebuttable presumption of the lawfulness of those uses would further the public health,welfare,and safety. The Apache Junction City Council,therfore,adopts this Ordinance for the purpose of establishing a rebuttable presumption of the lawfulness of uses of property,land,and buildings,if said use was in existence or maintained on February 9,1979,according to a map dated February 9,1979, on file with the Apache Junction Planning Department. 2.For purposes of S304,305,and 306,those uses of land and/or buildings thereon which were lawfully in existence or maintained on July 1,1979,are lawfully non -conforming uses.Evidence of its existence on February 9,1979, shall be prima facie evidence of its lawfulness.This presumption may be rebutted by evidence establishing that said use is not actually a lawful non -conforming use under Sections 304,305,or 306.Any person may bring a complaint to the Zoning Administrator alleging the use is not a lawful non -conforming use and not legally in existence on the effective date of the Apache Junction Zoning Ordinance.Such person shall provide the Zoning 18 / 6 1 / 8 P a P u a w V 90 1 •o N a3 i m u l . P . A 0 6 Administrator sufficient eyidence (which evidence may include the public record)to rebut the presumption of a lawful non -conforming use which is established herein. SEC.308 DESTROYED NON -CONFORMING BUILDINGS:If,at any time,any building in existence or maintained at the time this Ordinance becomes effective, and which does not conform to the regulations for the zone in which it is located,shall be destroyed by fire,explosion,Act of God,or act of the public enemy to the extent of 100% of its value,according to the appraisal thereof by competent appraisers,then and without further action by the City Council,the said building and the land on which said building was located or maintained shall from and after the date of such destruction be subject to all of the regulations specified by this Ordinance for the zone in which such land and building are located;provided,however,in the event a building is destroyed to the extent of 100% of its value,the owner thereof shall have the right to rebuild said use provided said structure is rebuilt in conformance with the requirements of the most restrictive zone in which said non -conforming use would otherwise be permitted and provided permit for such construction is obtained within three months of the date of destruction and such construction is started within six months of the date of destruction. 1. 8 / 6 1 . / 8 P a i n a u n i 90 1 '4 0 N a m e u t P 0 -6a - although such use does not conform with the provisions hereof or such building and such use may be continued provided no s ructural alterations,except those required by law or Ordi- na ce or permitted by the Board of Adjustment under this Ord ance,are made herein.If any such non -conforming use is discdttinued for a period of 12 months,any future use of said buildi g shall be in conformity with the provisions of this Ordinan p,provided that the owner of any building which is under con truction or vacant on the effective date of this Ordinance nd-is designed for a use not in conformity with the zoning clas ification in which i t is located on said date,may upon applica ion,have a certificate of non -conforming use issued by the Zoning Administrator within 60 days from the effective date f this Ordinance,which certificate shall establish the no -conforming character of said building for a period not to exc ed 12 months from the effective date of this \ Ordinance.Occupa y of said building by a use permitted under said certificate du "ng said period,shall establish said use as a non -conforming u e under this section.A certificate for an additional period o not more than 12 months may be granted by the Board of Adjustm qt at or before the expiration of the original certificate upon\the showing of extreme hardship And that the surrounding area Wpuld not be subject to additional damage thereby. SEC.308 DESTROYED NON-CONFORMING,BUILDINGS:If,at any time,any building in existence or maintained at the time this Ordinance becomes effective,and which does not conform to the regulations for the zone in which i t is locate ,shall be destroyed by fire, explosion,Act of God or act of •the public enemy to the extent of 100% of its value,according to th-appraisal thereof by competent appraisers,then and without ,urther action by the City Council,the said building and the land ,n which said building was located or maintained shall from and afte the date of such destruction be subject to all of the regula ions specified by this Ordinance for the zone in which such land an.building are located; provided,however,in the event a building is .estroyed to the extent of 100% of its value,the owner thereof hall have the right to rebuild said use provided said structur-is rebuilt in conformance with the requirments of the most rest :ctive zone in which said non -conforming use would otherwise be pe itted and provided permit for such construction is obtained wi in three months of the date of destruction and such constructio ,is started within six months of the date of destruction. 6 ARTICLE 4 DEFINITIONS:For the Purpose of this Ordinance,certain words and terms used herein are herewith defined. SEC.401 When not inconsistent with the context,words used in the present tense include the future;words in the singular number include the plural and words in the plural number in- clude the singular;the word "building"includes the word "structure";and the word "shall"is mandatory and not directory. "City Council"shall mean the City Council of Apache Junction, Arizona;"Commission"shall mean the City Planning and Zoning Commission;"Board"shall mean one of the Boards of Adjustment appointed under the authority of this Ordinance,and "City"shall mean Apache Junction,Arizona. SEC.402 ACCESSORY BUILDING:A subordinate building or portion of the main building on the same lot or building site,the use of which is incidental to that of the main building and which is used exclusively by the occupants of the main buildings or their non-paying guests or employees. SEC.403 ACCESSORY USE:A use customarily incidental and sub- ordinate to the principal use of a lot or building located upon the same lot or building site. SEC.404 AGRICULTURE:The tilling of the soil,the raising of crops,horticulture,animal husbandry and uses of customarily incidental thereto;but not including commercial slaughter houses, stockyards,meat packing plants,fertilizer yards,bone yards, or plants for the reduction of animal matter. SEC.405 AIRPORT,COMMERCIAL:An airport,landing strip or landing field used by or available to commercial carriers,flight training schools,private pilots or owners of non-commercial aircraft on a commercial basis. SEC.406 AIRPORT,PRIVATE:An airport,landing strip or landing field owned and used by owners of non-commercial aircraft,in- cluding private bona fide flying clubs,on a non-commercial basis. SEC.407 ALLEY:A way dedicated to the public which affords a secondary means of access to abutting property. SEC.408 APARTMENT HOUSE:(See Dwelling,Multiple) •SEC.409 AUTOMOBILE SERVICE STATIONS:Any place of business,having pumps and storage tanks,at which fuels or oils for the use of 7 motor vehicles are dispensed,sold or offered for sale at retail; minor repairs and inspections may be carried on incidental to the sale of such fuels and oils.When such dispensing sale or offer- ing for sale shall be deemed to be a public garage. SEC.410 BASEMENT:A story partly underground and having at least one-half of its height, measured from its floor to its finished ceiling,below the average grade.A basement shall be counted as a story i f the vertical distance from the average adjoining grade to its ceiling is over five feet. SEC.411 BOARDING OR ROOMING HOUSE:A building,other than a hotel, where lodging is provided,with or without meals,for compensation, for five or more persons and not primarily for transients. SEC.412 BUILDABLE AREA:The net portion of the lo't remaining after deducting all required yards from the gross area of a lot or building site. SEC.413 BUILDING:A structure having a roof supported by columns or walls. SEC.414 BUILDING HEIGHT:The vertical distance measured from the average level of the highest and lowest points of that portion of the lot covered by the building to the ceiling of the uppermost story. SEC.415 BUILDING SITE:The ground area of a building or buildings together with all open spaces adjacent thereto as required by this Ordinance. SEC.416 BULK STATION:A place where liquified petroleum,gas, crude liquid,except such as will stand a test of 150 degrees Fahrenheit,closed cupped testers,are stored in wholesale quantities where the aggregate capacity of all storage tanks is more than 10,000 gallons. SEC.417 CHURCH:A building or group of buildings used primarily as a place of communion or worship.Includes convents,religious educational buildings and parish houses,but not parochial schools. SEC.418 COMMERCIAL ACRE:36,000 square feet of land,exclusive of streets and alleys. SEC.419 COMMUNITY SERVICE AGENCY:An organization such as an orphanage,home for the aged,Y.M.C.A.,Y.W.C.A.,Boy Scouts or Girl Scouts,C.Y.O.,Y.M.H.A.,Campfi're Girls,or any similar •• agency organized as a non-profit corporation or supported in whole 8 or in part by public subscription and primarily established to serve the social or welfare needs of the community or any part thereof,and not organized for the personal profit of any individual,group of individuals,or corporation. SEC.420 CLUB OR LODGE:A regularly constituted association of persons who are bona fide members paying regular dues,primarily organized for some common social purpose and which derives not more than one-half of its revenue or income from the sale of goods and services to its members or others. SEC.421 DWELLING,DUPLEX:A building containing only two dwelling units. SEC.422 DWELLING,MULTIPLE:A building or portion thereof con- taining three or more dwelling units. SEC.423 DWELLINGS,ONE -FAMILY:A building containing only a single dwelling unit. SEC.424 DWELLING GROUP:A group or more detached or semi-detached one -family,duplex or multiple dwellings occupying a parcel of land in one ownership and having any yard or court in common,in- cluding house court and apartment court,but not including tourist court. SEC.425 DWELLING UNIT:A room or suite of two or more rooms that is designed for or is occupied by one family doing its own cooking therein and having only one kitchen. SEC.426 FAMILY:Any number of individuals related by blood or marriage or not more than five unrelated persons customarily living together as a single housekeeping unit,and using common cooking facilities,as distinguished from a group occupying a hotel or club.A family shall be deemed to include domestic servants. SEC.427 FERTILIZER YARD OR PROCESSING PLANT:A place where animal matter is collected,processed or stored on a commercial basis. • SEC.428 GARAGE,PRIVATE::An accessory building or portion of the main building designed or used for the shelter or storage of self- propelled vehicles owned or operated by the occupants of the main building. SEC.429 GARAGE,PUBLIC:Premises,except those herein defined as a private or storage garage,used for —the storage or care of self- propelled vehicles,or where such vehicles are equipped for operation, or repaired,or kept for hire or sale. 9 SEC.430 GARAGE,STORAGE:Premises,other than those herein defined as a private garage or public garage used exclusively for the storage of self-propelled vehicles,and for no other purpose whatever. SEC.431 GRAZING:The feeding of domestic livestock on an open range or fenced pasture for commercial purposes and uses cus- tomarily incidental thereto,but not including commercial slaughter houses,stockyards,fertilizer yards,bone yards or plants for the reduction of animal matter. SEC.432 GUEST RANCH:A resort hotel and/or group of buildings containing sleeping units,having a building site of not less than four commercial acres. SEC.433 HOME OCCUPATION:An activity carried on by the occupant of a dwelling as a secondary use,including professional and semi-professional offices,when conducted and entered from within the dwelling,in connection with which there is no public display of stock -in -trade upon the premises,not more than one non-resident of the premises is employed and not more than one- fourth of the floor area of one story of the main building or a detached home workshop of not more than 200 square feet in area is used for such home occupation;and provided that the residential character of the dwelling is not changed by said use and that such occupation does not cause any sustained or unpleasant or unusual noises or vibrations,or noxious fumes or odors,or cause any parking or traffic congestion in the immediate neighborhood. SEC.434 HOSPITAL:A building or group of buildings arranged, intended,designed or used for the housing,care,observation and treatment of sick human beings. SEC.435 HOTEL:A building containing six or more guest rooms,in which lodging is provided and offered to the public for compensation and which is open to transient guests,together with accessory commercial uses operated primarily for the convenience of the guests thereof. SEC.436 HOTEL RESORT:An American -plan hotel,the buildings of which occupy not more than 30% of the building site. SEC.437 KITCHEN:Any room in a building which is used,intended or designed to be used for cooking or preparation of food. SEC.438 JUNK YARD:The use of more than 200 square feet of the area of any lot or the use of any portion of that half of any - lot (but not exceeding a depth or width as the case may be of -10 - 100 feet),which half adjoins any street for the ,storage keep- ing or abandonment of junk,including scrap material,or for the dismantling demolition or abandonment of automobiles or other vehicles or machinery or parts thereof,provided that a close boarded fence or imperforated wall not less than six feet in height nor more than eight feet in height be constructed around the perimeter of the site. SEC.439 LOT:An area or parcel of land under one ownership abutting upon at least one (1)street at the time of adoption of this ordinance. SEC.440 LOT,CORNER:A lot located at the junction of two or more intersecting streets,having an interior angle of less than 135 degrees,with a boundary line thereof bordering on two of the streets.The point of intersection of the street lot lines is the corner. SEC.441 LOT,INTERIOR:A lot which is not a corner lot. SEC.442 LOT,KEY:A lot abutting along the entire length of at least one of its side lot lines,either directly or across an alley,the rear lot line of any other lot;or a lot situated between two such key lots. SEC.443 LOT,THROUGH:An interior lot having frontage on two parallel or approximately parallel streets. SEC.444 LOT DEPTH:The horizontal distance between the front and rear lot line measured in the mean direction of the side lot lines. SEC.445 LOT LINE:A property line bounding a lot. SEC.446 LOT LINE,FRONT:In the case of a lot abutting only one street,the line separating such lot from the street.In the case of a corner or through lot,the owner may elect any street lot line as the front lot line,provided such choice in the opinion of the Zoning Administrator will not be injurious to the existing or desirable future development of adjacent properties. SEC.447 LOT LINE,REAR:The lot line which is opposite and most distant from the front lot line.The rear lot line of an ir- regular,triangular or gore lot shall,for the purpose of this Ordinance,be a line entirely within the lot at least 10 feet long and parallel to and most distant from the front lot line. SEC.448 LOT LINE,SIDE:Any lot line hot a front or a rear lot - line,a side lot line separating a lot from a street is a street side -11 - lot line.A side lot line separating a lot from another is an interior side lot line. SEC.449 LOT LINE,STREET OR ALLEY:A lot line separating a lot from a street or alley. SEC.450 LOT WIDTH:The mean horizontal width of a lot measured at right angles to the depth. SEC.451 METALLURGICAL:Includes the land used in treating and reducing metal bearing ores by mechanical,physical or chemical methods on a commercial basis and uses incidental thereto but does not include permanent residential housing or the fabricating of metals or metal materials. SEC.452 MINING:Includes the land necessary or incidental to digging,excavating or otherwise procuring minerals and ores found in their natural state,but does not include permanent residential housing or the operating of a rock crusher. SEC.453 NON -CONFORMING USE:Use of a building or of land that does not conform to the regulations as to use for the district in which i t is situated. SEC.454 NURSERY:A place where young trees or other plants are raised for the transplanting or for sale;does not include commercial fertilizer yard or processing plant. SEC.455 PROFESSIONAL:Includes accountants,architects,chiro- podists,chiropractors,dentists,engineers,lawyers,naturo- paths,osteopaths,physicians,surgeons,surveyors,veterinarians. SEC.456 RAILROAD:Includes the land used for general railroad purposes,including mainline and switching trackage,repair shops, stations,communications equipment,round houses and storage facilities;does not include railroad equipment (miniature or otherwise)operated by its owner as a hobby or as a part of the equipmentof an amusement resort. SEC.457 SANATORIUM (includes "Sanitarium"and "Rest Home"):A building or group of buildings,arranged,intended,designed or used for the housing,care or treatment of sick people or con- valescents other than those mentally ill or afflicted with in- fectious,contagious or communicable diseases. -12 - SEC.458 SEMI-PROFESSIONAL:Includes insurance brokers,photo- graphic studios,public stenographers,real estate brokers, stock brokers,and other persons who operate or conduct offices which do not require the stocking of goods for sale at wholesale or retail;does not include barbers,beauty operators,cosmetolo- gists,embalmers,or morticians. SEC.459 SETBACK LINES:Setback lines are lines established generally,but not always parallel to the center line of a street between which no part of •a building or structure or any part thereof may be erected or projected except as otherwise provided in this Ordinance. SEC.460 SPOT ZONING:Zoning not compatible to the area;no other existing like zoning in the area;not an extension of existing zoning district;zoning which does not fit area or neighborhood plan.Lot size has no bearing on spot zoning. SEC.461 STABLE,COMMERCIAL:A stable for horses which are let, hired,used or boarded on a commercial basis or for compensation. SEC.462 STABLE,PRIVATE:A stable for horses which are used by the owners of the property and their guests without compensation. SEC.463 STORY:The space in a building between the surface of any floor and the finished ceiling next above it,or the finished under surface of the roof directly above that particular floor. SEC.464 STREET:A way dedicated to the public which affords the principal means or access to abutting property. SEC.465 STRUCTURE:Anything constructed or erected,the use of which require location on the ground or attachment to something having a location on the ground;but not including walls and fences less than four and one-half feet in height when located in front yards,or less than six feet in height when located in side or rear yards. SEC.466 STRUCTURAL ALTERATIONS:Any change in the supporting members of a building,such as bearing walls,columns,beams, girders,floor joists,or which expands the height,bulk or area thereof. SEC.467 TOURIST CAMP:An area or tract of land where space is rented or held out for rent to tent campers furnishing their own camping equipment or where free camping is permitted owners or users of tent camping equipment for the purpose of securing their trade. -13 - SEC.468 TOURIST COURT (includes "Motel,""Auto CoUrt"and "Automobile Court"):A building or group of buildings on the same lot,whether detached or in connected rows,containing individual sleeping or dwelling units and designed for or occupied by automobile travelers or other transient tenants. SEC.469 TRAILER:Any unit used for living or sleeping purposes and designed to be equipped with wheels or similar devices for the purpose of transporting such unit from place to place, whether by motive power or other means. SEC.470 TRAILERS AND MOBILE HOMES: a.TRAILER HOME OR MOBILE HOME SPACE:A plot of ground within a mobile home park or trailer park designed for the accommodation of one trailer or mobile home together with its accessory structures including carports or other off-street parking areas,storage lockers,ramadas,cabanas,patios,patio covers,awnings and similar appurtenances. b.TRAVEL TRAILERS:Trailer coach not exceeding eight feet in width nor more than 33 feet in length. c.TRAVEL TRAILER PARK:Any plot of ground upon which two or more travel trailers occupied,for dwelling or sleeping purposes,are located,regardless of whether or not a charge is made for such accommodations. d.MOBILE HOME:•A family dwelling unit,factory built and factory assembled,designed for conveyance,after fabrication, on streets and highways on its own wheels or on flatbed or other trailers,and arriving at the site where i t is to be occupied as a dwelling unit complete and ready for occupancy,except for minor and incidental unpacking and assembly operations such as location on jacks or other foundations,connection to utilities and the like. e.MOBILE HOME PARK:Any plot of ground upon which two or more mobile homes,occupied for dwelling or sleeping purposes, are located regardless of whether or not a charge is made for such accommodations. f .MOBILE HOME SUBDIVISION:A subdivision designed and intended for residential use where residence is in mobile homes exclusively. SEC.471 TRAILER COURT (Trailer Park):'Any parcel of land used - or offered for use in whole or in part for the parking or storage of two or more trailers used or intended to be used for living or sleeping purposes. -14 - SEC.472 YARD:An open and unoccupied space on a building site and,except as otherwise provided in this Ordinance,open and unobstructed from the ground to the sky. SEC.473 YARD,FRONT:A yard extending the full width of the building side between the front lot line and the nearest line of the main building or the nearest line of any enclosed or covered porch. SEC.474 YARD,REAR:A yard extending across the full width of the building site between the rear lot line and the nearest rear line of the main building or the nearest line of any enclosed or covered porch.Where a rear yard abuts a street, i t shall meet front yard requirements. SEC.475 YARD,SIDE:A yard extending from the front yard to the rear yard between the side lot line and the nearest line of the main building. -15 - ARTICLE 5 ZONES,MAPS AND BOUNDARIES SEC.501 ZONES:For the purpose of this Ordinance,the follow- ing types of zones are hereby established: Rural:CAR Commercial Agricultural Ranch SR Suburban Ranch Zone SH Suburban Homestead Zone GR General Rural Zone Residential:CR-1 Single Family Residence CR-2 Single Family Residence CR-3 Single Family Residence CR-4 Multiple Residence Zone CR-S Multiple Residence Zone TH Trailer Homesite Zone TR Transitional Zone Business:CB -1 Local Business Zone CB -2 General Business Zone Industrial:CI -1 Light Industry &Warehouse Zone CI -2 Industrial Zone SEC.502 MAPS:The boundaries of zones are hereby established as shown on maps entitled Zoning District Map,City of Apache Junction, Arizona,(as adopted and amended by the City of Apache Junction,Arizona) numbered and subtitled as follows and as the same may be here- after amended and supplemented: MAP A Zoning Map MAP B Generalized Land -Use Map MAP C Major Thoroughfares and Proposed Routes Said maps are located in the Office of the Planning and Zoning Departments and are hereby adopted and made a part of this Ordinance as fully as i f they were set out at or copied at length herein. SEC.503 DETERMINATION OF BOUNDARIES:Where uncertainty exists, the boundary of any zone shall be determined as follows: a.Where a boundary is indicated as approximately following a street or alley line or the center line thereof, or a lot line,such line shall be construed to be such boundary. -16 - b.Where a boundary divides a lot,the location of such boundary,unless indicated by dimensions,shall be determined by use of the scale appearing on the zoning map. c.Where a public street,alley or railroad or other right-of-way is vacated or abandoned,the zone applied to abutting property shall thereafter be deemed to extend to the center line of such vacated or abandoned right-of-way. d.Questions concerning the exact location of boundaries not covered above shall be determined by the Board of Adjustment. -17 - ARTICLE 6 SR SUBURBAN RANCH ZONE: SEC.601 USES PERMITTED: a.One -family dwelling. b.Commercial agricultural uses: 1.Field crops,truck gardening,berry or bush crops,tree crops,flower gardening,nurseries,orchards, aviaries and apiaries. 2.The raising and marketing of poultry,rabbits and small animals,but no slaughtering of other than such raised on the premises. 3.The grazing and raising of livestock,except that not more than one hog,weighing more than 50 pounds,may be kept per commercial acre. c.Guest Ranch,in accordance with Article 19,Guest Ranch Regulations. d.Public park,public or parochial school. e.Church,providing the minimum off-street parking requirements,as set forth in Article 21,are met. f .Trailer or mobile home provided that not more than one (1)trailer or mobile home be placed on any one lot or parcel. g.Professional or semi-professional office or studio, home occupation,and the employment of persons not residing on the premises. h.Accessory building or use. i .A stand not more than 200 square feet in area for the sale of farm products grown or produced on the premises provided said stand is not closer than 10 feet to any street lot line and not closer than 20 feet to any other line. j .Airport,airstrip or landing field,provided that any runway located thereon shall not exceed 1,320 feet in length,that said runway shall be no closer than 600 feet from -18 - any boundary of a site of not less than 160 acres and,pro- vided further,that the applicant for a permit sball provide the Zoning Administrator with the written consents of 75% of the owners,by number and area,of property within 1,320 feet of the required 160 -acre site for which the permit is sought. k.College,community service agency,governmental structure,library,museum,playground or athletic field, private school,provided that said use shall be located on a site of not less than 10 acres;that the improvements shall occupy not more than 30% of said site,that no playground or athletic field be located closer than 100 feet to any property line,and that all roads and parking areas be surfaced with a material which will minimize the creation of dust. 1.Commercial riding stable or riding school,provided that said use shall be located on a site of not less than 20 acres,and provided that all stables,barns,animal sheds shall be not less than 100 feet from any property line,and there shall be no feeding or disposal of garbage,rubbish or offal unless a permit,the written consents of not less than 51% of the owners,by number and area,of property within 3,000 feet of the area for which the permit is sought. m.Hospital,clinic,dispensary or sanitorium,provided that the building site is not less than four commercial acres, that any buildings occupy not more than 30% of the building site, and are located at least 50 feet from any boundary line of the site,and that the applicant for the permit shall provide the Zoning Administrator with the written consents of 75% of •the owners,by number and area,of property within 300 feet of the building site. n.Private,athletic,sport or recreation club,or lodge, provided that the building site contains not less than 10 acres, that no building be erected closer than 100 feet to any boundary of said site,that all outdoor lighting be controlled so as not to reflect on any area beyond the boundary of said site,that no amplifiers or loud speakers of any kind be installed outside any buildings erected on said site,and provided further that the applicant for the permit shall provide the Zoning Administrator with the written consent of 75% of the owners,by number and area, of property within 300 feet of the building site. o.Racetrack or sports stadium,provided that any race- track conducted for profit must be licensed by the State Racing Commission;that any incidental uses in connection with said racetrack or sports stadium not otherwise permitted in the zone.. -19 - where located shall be first approved by the Board of Adjust- ment as a use incidental to and commonly associated with a racetrack;that a permit may be issued for a practice racetrack, if operated by the owner of the site thereof,and not conducted for profit or charging admission to spectators;that no portion of any track,stables or grandstand authorized by this subsection shall be within 200 feet of any boundary of its site adjoining any property in a rural or residential zone;and,provided further,that the applicant for the permit shall provide the Zoning Administrator with the written consents of 75% of the owners,by number and area,of property within 500 feet of the boundary of the site for which the permit is sought. p.Temporary real estate office,provided the applicant records in the office of the County Recorder an agreement to remove said office within a specified time,not to exceed nine months. q.Resort hotel,provided the site contains not less than 10 acres,that the buildings occupy not more than 30% of the area of the building site and,provided further,that the applicant for the permit shall provide the Zoning Administrator with the written consents of 51% of the owners,by number and area,of property within 300 feet of the building site for which permit is sought. r.Veterinary hospital or kennels,provided the site is not less than five acres in area,that no building or structure be within 100 feet of any boundary of said site abutting property in a rural or residential zone;and provided further,that the applicant for the permit shall provide the Zoning Administrator with the written consents of at least 75% of the owners,by number and area,of property within 300 feet of the building site for which the permit is sought. s.Golf course,other than miniature,in private ownership, but open to the public,provided that the use be located on a site of not less than 30 acres;that no building be located nearer than 200 feet to any boundary of the site;that no tee or cup be located closer than 100 feet to any boundary of the site;that any driving range shall be placed so -that flying balls will be directed toward the interior of the site;that all outdoor lighting shall be hooded and conrolled so that the source of the light shall not be visible from any adjoining residential zone beyond the boundary of the site;that no amplifier or loud speakers of any kind be installed other than within a completely enclosed building on the site;that off-street parking be provided for not'ess than 100 vehicles for each nine holes of the course;and,provided further,that the -20 - the applicant for the permit shall provide the Zoning Administra- tor with the written consents of 75% of the owners by number and area,of all property within 300 feet of the boundary of the site for which the permit is sought. t .Cemetery or crematory,provided a site of not less than one acre be provided for a pet cemetery and not less than five acres for a human cemetery;that no crematory be erected closer than 500 feet from any boundary of the site which adjoins property in a rural or residential zone;and provided further, that the applicant for the permit shall provide the Zoning Administrator with the written consents of 75%of the owners, by number and area,of property within 300 feet of the site for which the permit is sought. u.Radio or television tower or station,provided that any tower be no closer to any boundary of the site than the height thereof,and that any station occupy no more than 30% of the site,and be located at least 50 feet from any boundary line of the site. v.Motion Picture studio,provided that the site is not less than 40 acres in area,that no building or structure is within 100 feet of the boundary of the site,that permanent buildings and structures occupy in total not more than 50% of the area of the required minimum site,that all outdoor lighting is controlled so as not to reflect on any adjoining property in residential use and,provided further,that the applicant for the permit for such is issued by the County Health Department,which permit shall be for a stipulated period not to exceed three years and,provided further,that the applicant for the permit shall provide the Zoning Administrator with the written consents of 75% of -the owners,by number and area,of property within 1,000 feet of the site. SEC.602 USES PERMITTED ADJACENT TO STATE HIGHWAYS:A non -transfer- able permit shall be issued by the Zoning Administrator to the equitable and legal owner for a specific plan of development for certain uses of a site abutting a state highway,but not extending more than 600 feet therefrom,provided that: a.Upon filing the plan in sufficient detail for the purpose,the Commission shall hold a duly -noticed public hearing on the plan not sooner than 15 days nor later than 45 days from the date of the filing of the plan with the Commission. b.The Commission finds and certifies that the archi- tectural site -development features of the plan,which shall -21 - provide all proposed improvements of the site,at submitted to or modified by the Commission,conform satisfactorily to the intent and purpose of the City Zoning Ordinance,especially as provided in Section 301-f thereof,such uses including the following: 1.Multiple dwelling for any number of dwelling units,provided the building coverage does not exceed 25% of the lot area. 2.Professional or semi-professional office or studio,home occupation,including the employment of persons not residing on the premises,provided the maximum coverage of all buildings does not exceed 25% of the lot area. 3.Tourist court or hotel,together with the accessory uses located on the premises and having no exterior entrance closer than 100 feet to a public street,as follows: cocktail lounge,personal services,recreational facilities, restaurants and retail shops,provided the maximum coverage of all buildings does not exceed 25% of the lot area. Changes in the plan shall be permitted by the Zoning Administrator upon review by the Commission without public hearing,upon finding and certification that the change does not conflict with the purpose and intent of this Section. Appeal from the action or non -action of the Commission under this Section shall be to the City Council. SEC.603 MAXIMUM BUILDING HEIGHT:Two stories or 30 feet. SEC.604 MINIMUM LOT AREA:144,000 square feet. SEC.605 MINIMUM LOT WIDTH:None. SEC.606 MINIMUM AREA PER DWELLING UNIT:144,000 square feet. SEC.607 MINIMUM FRONT YARD:50 feet. SEC.608 MINIMUM SIDE YARDS:10 feet each. SEC.609 MINIMUM REAR YARD:50 feet. SEC.610 GROUPED RESIDENCES:One -family dwellings may be grouped on a site provided no building is ereq.ed closer than 20 feet to any other building on said site.When more than four such ' dwellings are built on any one site,the owner thereof shall -22 - submit to the Zoning Administrator,for his approval,a plot plan showing the arrangement of buildings,the establishment of future rights -of -way for streets and utilities and other necessary services,according to the subdivision standards as then adopted,and in effect by the Board of Supervisors,Pinal County. SEC.611 DETACHED ACCESSORY BUILDINGS: a.Permitted coverage:One-third of the total area of the rear and side yards. b.Maximum Height:20 feet. c.Minimum Distance to main building:Seven feet. d.Minimum Distance to front lot line:100 feet. e.Minimum Distance to side and rear lot lines:Four feet if building is not used for poultry or animals;100 feet if building is used for poultry or animals. -23 - ARTICLE 7 SH SUBURBAN HOMESTEAD ZONE: SEC.701 USES PERMITTED: a.Any use permitted in the SR zone. b.Duplex dwelling. c.Trailers or mobile homes,provided that not more than one (1)trailer or mobile home be placed on any one lot or parcel. d.Professional or semi-professional office or studio, home occupation,and the employment of persons not residing on the premises. SEC.702 MAXIMUM BUILDING HEIGHT:Two stories or 30 feet. SEC.703 MINIMUM LOT AREA:43,560 square feet : SEC.704 MINIMUM LOT WIDTH:100 feet. SEC.705 MINIMUM AREA PER DWELLING UNIT:43,560 square feet. SEC.706 MINIMUM FRONT YARD:30 feet. SEC.707 MINIMUM SIDE YARD:10 feet. SEC.708 MINIMUM REAR YARD:40 feet. SEC.709 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS:20 feet. SEC.710 DETACHED ACCESSORY BUILDINGS: a.Permitted coverage:one-third of the total area of the rear and side yards. b.Maximum height:20 feet. c.Minimum distance to main building:7 feet. d.Minimum distance to front lot line:60 feet. e.Minimum distance to side and rear lot lines:Four feet i f building is not used for poultry or animals;50 feet i f building is used for poultry or animals. -24 - ARTICLE 7-A SEC.725 CAR -COMMERCIAL AGRICULTURE RANCH ZONE (To be used as buffer classification in areas where C1-2 Heavy Industry is located.) USES. PERMITTED: a.One -family residence or mobile home (Trailer). b.Grouped residences (employee housing)provided no building is erected closer than 20 feet to any other building on said site.When more than four such dwellings are built on any one site,the owner thereof shall submit to the Zoning Administrator,for his approval,a plot plan showing the arrangement of buildings,the establishment of future rights- of -way for streets and utilities and other necessary services, according to the subdivision standards as then adopted,and in effect by the City of Apache Junction. c.Commercial agricultural uses: 1.Field crops,truck gardening,berry or bush crops,flower gardening,nurseries,orchards,aviaries and apiaries. 2.The raising and marketing of poultry,rabbits and small animals,but no slaughtering of other than such raised on the premises. 3.The grazing and raising of livestock except that not more than one hog may be kept per acre. d.A stand of not more than 200 square feet in area for the sale of farm products grown or produced on the premises. e.Veterinary hospital or kennels provided site is not less than five acres in area,that no building or structure be within 100 feet of any boundary of said site abutting property in a rural or residential zone. f .Commercial riding stables or riding school,provided that said uses shall be located on a site of not less than 20 acres and provided that all stables,barns,animal sheds or shelters be not less than 100 feet from any property line of a more restrictive zone. -25 - g.Cemetery or crematory,provided a site of not less than one acre be provided for a pet cemetery and not less than five acres for human cemetery;that no crematory'be erected closer than 500 feet from any boundary of the site which adjoins property in a rural or residential zone. h.Livestock sales yard or auction yard,provided the site where located is not less than one-half mile from any residential restricted zone in which the use requested is pro- hibited,and provided further,that the site is not less than 20 acres in area and applicant shall provide the Zoning Admini- strator with written consents of 51% of the owners by number and area of property within 300 feet of proposed site. i .Such other uses as the Planning Commission may deem appropriate efficient land development. SEC.726 MAXIMUM BUILDING HEIGHT:35 feet. SEC.727 MINIMUM LOT AREA:174,240 square feet (four acres). SEC.728 MINIMUM LOT WIDTH:None. SEC.729 MINIMUM LOT AREA PER DWELLING UNIT:174,240 square feet. SEC.730 MINIMUM FRONT YARD:50 feet. SEC.731 MINIMUM SIDE YARD:10 feet. SEC.732 MINIMUM REAR YARD:50 feet. SEC.733 DETACHED ACCESSORY BUILDINGS: .a.Permitted Coverage:one-third of the total area of rear and side yards. b.Maximum Heights:25 feet within required rear yard, 35 feet within a buildable area. c.Minimum Distance to main building:seven feet. d.Minimum Distance to front lot line:100 feet. e.Minimum Distance to side and rear lot lines:Four feet i f building is not used for poultry or animals;100 feet if building is used for poultry or animals. -26 - ARTICLE 8 GR GENERAL RURAL ZONE (holding classification pending more intensive development of area). SEC.801 USES PERMITTED: a.One -family dwelling unit. b.Commercial agricultural uses. 1.Field crops,truck gardening,berry or bush crops,tree crops,flower gardening,plant nurseries and green houses,orchards,aviaries and apiaries. 2.The raising and marketing of poultry,rabbits and small animals,but not slaughtering of other than such raised on the premises. 3.The grazing and raising of livestock and horses. c.Public and quasi -public uses:church,museum, library,community service agency,public park,school,college, playground,athletic field,public or private utility and facilities,governmental structure;athletic,sport or recrea- tion club;and hospital or sanitorium,such buildings shall be located at least 50 feet from any boundary line of the site. d.Fair,carnival,circus or tent show for not longer than 15 days. e.Fruit,vegetable or agricultural products packing or -processing plant,provided the same is located on a site of not less than 10 acres and any buildings located thereon occupy not more than 30% of the site area. f .A stand of not more than 200 square feet in area for the sale of farm products grown or produced on the premises, provided said stand is not more than 10 feet to any street lot line and not closer than 20 feet to any other lot line. g.Public riding stables and boarding stables,providing the site contains not less than 10 acres and the buildings housing animals set back from all lot lines a distance of not less than 100 feet. h.Accessory building or use;' home occupation,housing for seasonal farm labor and private stable. -27 - SEC.802 MAXIMUM BUILDING HEIGHT:Two stories or 30 feet. SEC.803 MINIMUM LOT AREA:One and one-fourth acres. SEC.804 MINIMUM LOT WIDTH:100 feet. SEC.805 MINIMUM LOT AREA PER DWELLING UNIT:One and one-fourth acres. SEC.806 MINIMUM FRONT YARD:40 feet. SEC.807 MINIMUM SIDE YARD:20 feet. SEC.808 MINIMUM REAR YARD:40 feet. SEC.809 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS:25 feet. SEC.810 DETACHED ACCESSORY BUILDINGS: a.Permitted coverage:One-third of the total area of the rear and side yards. b.Maximum height:20 feet. c.Minimum distance to main buildings:Seven feet. d.Minimum distance to front lot line:60 feet. e.Minimum distance to side and rear lot lines:Four feet i f building is not used for poultry or animals;15 feet to side lot line and four feet to rear lot line if building is used for poultry or small animals;50 feet i f used for livestock. -28 - ARTICLE 9 CR-1 SINGLE RESIDENCE ZONE: SEC.901 USES PERMITTED: a.One -family dwelling. b.Public park,public or parochial school. c.Church,providing the minimum off-street parking requirements,as set forth in Article 21,Section 2101-e,are met. d.A trailer for not more than 90 days during con- struction of a residence on the same premises,which period may be extended for an additional period of 90 days upon application to the Zoning Administrator. e.Agriculture or horticulture used only for the purposes of propagation and culture and not for retail sales, including any number of poultry,rabbits and similar small animals and not more than two head of cattle,horses,sheep or goats more than six months of age per commercial acre, excluding swine. f .Home occupation. g.Accessory building or use. h.Temporary real estate office,subject to the condi- tions set forth in Sub -section 601-p of this Ordinance. SEC.902 MAXIMUM BUILDING HEIGHT:Two stories or 30 feet. SEC.903 MINIMUM LOT AREA:20,000 square feet. SEC.904 MINIMUM LOT WIDTH:80 feet. SEC.905 MINIMUM LOT AREA PER DWELLING UNIT:20,000 square feet. SEC.906 MINIMUM FRONT YARD 25 feet. SEC.907 MINIMUM SIDE YARDS:10 feet each. SEC.908 MINIMUM REAR YARD:25 feet. SEC.909 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS:20 feet except as required in Section 2310 for a rear dwelling. -29 - SEC.910 DETACHED ACCESSORY BUILDINGS: a.Permitted coverage:One-third of the total area of the rear and side yards. b.Maximum height:20 feet. c.Minimum distance to main buildings:Seven feet. d.Minimum distance to front lot line:60 feet. e.Minimum distance to side and rear lot lines:four feet if building is not used for poultry or animals;50 feet i f building is used for poultry or animals. -30 - ARTICLE 10 CR-2 SINGLE RESIDENCE ZONE: SEC.1001 USES PERMITTED: a.Any use permitted in the CR-1 zone,but horses, cattle,sheep or goats shall not be kept on less than one commercial acre. SEC.1002 MAXIMUM BUILDING HEIGHT:Two stories or 30 feet. SEC.1003 MINIMUM LOT AREA:12,000 square feet. SEC.1004 MINIMUM LOT WIDTH:60 feet. SEC.1005 MINIMUM AREA PER DWELLING UNIT:12,000 square feet. SEC.1006 MINIMUM FRONT YARD:25 feet. SEC.1007 MINIMUM SIDE YARDS:10 feet each. SEC.1008 MINIMUM REAR YARD:25 feet. SEC.1009 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS:20 feet except as required in Section 2310 for a rear dwelling. SEC.1010 DETACHED ACCESSORY BUILDINGS: a.Permitted coverage:One-third of the total area of the rear and side yards. -b.Maximum height:20 feet. c.Minimum distance to main building:Seven feet. d.Minimum distance to front lot line:60 feet. e.Minimum distance to side and rear lot lines:four feet i f building is not used for poultry or animals;50 feet i f building is used for poultry or animals. -31 - ARTICLE 11 CR-3 SINGLE RESIDENCE ZONE: SEC.1101 USES PERMITTED: a.One -family dwelling. b.Public park,public or parochial school. c.Church. d.Transitional use where side of lot abuts a business or industrial zone.Any residential use permitted in the CR-4 zone,including CR-4 area and yard requirements,provided such use extends not more than 120 feet or two lots,whichever is the lesser from the zone boundary. e.A trailer for not more than 90 days during con- struction of a residence on the same premises which period may be extended for an additional period of 90 days upon application to the Zoning Administrator. f .Agriculture and horticulture,flower and vegetable gardening,nursery or greenhouse used only for propagation and culture and not for retail sales. g.Home occupation. h.Accessory building or use. i .Temporary real estate office,subject to the condi- tions set forth in Sub -section 601-p of this Ordinance. SEC.1102 MAXIMUM BUILDING HEIGHT:Two stories or 30 feet.. SEC.1103 MINIMUM LOT AREA:7,000 square feet. SEC.1104 MINIMUM LOT WIDTH:60 feet. SEC.1105 MINIMUM AREA PER DWELLING UNIT:7,000 square feet. SEC.1106 MINIMUM FRONT YARD:20 feet. SEC.1107 MINIMUM SIDE YARDS:Eight feet each. -32 - SEC.1108 MINIMUM REAR YARD:25 feet to the rear lot line. SEC.1109 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS:16 feet, except as required in Section 2310 for a rear dwelling. SEC.1110 BUILDABLE AREA;Not to exceed 40% of the lot,including all structures,except swimming pools. SEC.1111 ACCESSORY BUILDINGS: a.Maximum height:20 feet b.Minimum distance to main building when detached: seven feet. c.Minimun distance to front lot line when detached: 50 feet. d.Minimum distance to side lot lines:Eight feet. e.Minimum distance to rear lot line:15 feet,except that no minimum distance shall be required where the rear wall is on masonry construction with no openings,such wall extending at least 24 inches above the roof of the accessory building and whose total height is not over 12 feet above grade. f .Accessory buildings shall be detached from the main building except that they may be attached by means of an un- enclosed structure that has only one wall not over six feet high which shall be placed only on one side of the structure. -33- ARTICLE 12 CR-4 MULTIPLE RESIDENCE ZONE: SEC.1201 USES PERMITTED: a.Any use permitted in the CR-3 zone. b.Duplex dwelling. c.Multiple dwelling for not more than four families. d.Dwelling group consisting of permitted dwelling types in this zone. e.Transitional use where side of lot abuts a business or industrial zone:Any residential use permitted in the CR-5 zone including CR-5 area and yard requirements,provided such use extends not more than 120 feet or two lots,whichever is the lesser,from the zone boundary. f .Hospital,clinic,dispensary or sanitorium,subject to the conditions set forth in Sub -section 601-m of this Ordinance. SEC.1202 MAXIMUM BUILDING HEIGHT:Two stories or 30 feet. SEC.1203 MINIMUM LOT AREA:7,000 square feet. SEC.1204 MINIMUM LOT WIDTH:60 feet. SEC.1205 MINIMUM LOT AREA PER DWELLING UNIT:3,500 square feet. SEC.1206 MINIMUM FRONT YARD:25 feet. SEC.1207 MINIMUM SIDE YARDS:Eight feet each. SEC.1208 MINIMUM REAR YARD:35 feet. SEC.1209 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS:16 feet. SEC.1210 DETACHED ACCESSORY BUILDINGS: a.Permitted coverage:30%of the minimum rear yard area plus 50% of any additional space in the rear of the principal building. b.Maximum height:20 feet. -34 - c.Minimum distance to main building:Seven feet. d.Minimum distance to front lot line:60 feet. e.Minimum distance to side lot lines:Four feet. f .Minimum distance to rear lot line:Four feet i f building is not used for poultry or animals;15 feet i f build- ing is used for poultry or animals. -35 - ARTICLE 13 CR-5 MULTIPLE RESIDENCE ZONE: SEC.1301 USES PERMITTED: a.Any use permitted in the CR-3 and CR-4 zone. b.Multiple dwelling for any number of families. c.Boarding or rooming house for any number of guests, but not primarily for transients. d.Transitional use where side of lot abuts a business or industrial zone:Any residential use permitted in the TR zone including TR area and yard requirements,provided such use extends not more than 120 feet or two lots,whichever is the lesser,from the zone boundary. SEC.1302 MAXIMUM BUILDING HEIGHT:Two stories or 30 feet. SEC.1303 MINIMUM LOT AREA:7,000 square feet. SEC.1304 MINIMUM LOT WIDTH:60 feet. SEC.1305 MINIMUM LOT AREA PER DWELLING UNIT:2,000 square feet. SEC.1306 MINIMUM FRONT YARD:25 feet. SEC.1307 MINIMUM SIDE YARDS:7 feet each. SEC.1308 MINIMUM REAR YARD:35 feet. SEC.1309 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS:14 feet. SEC.1310 DETACHED ACCESSORY BUILDINGS: a.Remitted coverage:35% of the minimum rear yard area plus 50% of any additional space in the rear of the principal building. b.Maximum height 20 feet. c.Minimum distance to main building:Seven feet. d.Minimum distance to front lot line:60 feet. e.Minimum distance to side lot lines:Four feet. f .Minimum distance to rear lot line:Four feet i f building is not used for poultry or animals;15 feet i f building is used for poultry or animals. -36 - ARTICLE 14 TR TRANSITIONAL ZONE: SEC.1401 USES PERMITTED: a.Any use permitted in the CR-3,CR-4 and CR-5 zones. b.Tourist court or hotel,together with the following accessory uses located on the premises and having no exterior entrance closer than 100 feet to a public street: Retail Shops Personal Services Recreational Facilities Restaurant Beverage Service c.Professional or semi-professional office. d.Private club or lodge (non-profit). e.Trailer court on a state or federal highway,within 1,000 feet of the highway,but not closer than 100 feet to a more restrictive zone which prohibits trailers,subject to the conditions set forth in Sub -section 2001-c of this Ordinance. f .Club,college,community service agency,governmental structure,library,museum,playground or athletic field,private school. g.Community storage garage. h.Guest ranch in accordance with Article 19,Guest Ranch Regulations. i .Hospital,clinic,dispensary or sanitarium. j .Office,real estate. SEC.1402 MAXIMUM BUILDING HEIGHT:Two stories or 30 feet. SEC.1403 MINIMUM LOT AREA:10,000 square feet for residential uses. SEC.1404 MINIMUM LOT WIDTH:60 feet. SEC.1405 MINIMUM AREA PER DWELLING UNIT':'1,000 square feet.•• -37 - SEC.1406 MINIMUM FRONT YARD:20 feet. SEC.1407 MINIMUM SIDE YARDS:Seven feet. SEC.1408 MINIMUM REAR YARD:25 feet. SEC.1409 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS:14 feet. SEC.1410 DETACHED ACCESSORY BUILDINGS: a.Coverage permitted:40% of the minimum rear yard area plus 50% of any additional space in the rear of the principal building. b.Maximum building height:20 feet. c.Minimum distance to main building:Seven feet. d.Minimum distance to front lot line:60 feet. e.Minimum distance to side lot lines:Four feet. f .Minimum distance to rear lot line:Four feet i f building is not used for poultry or animals;15 feet if building is used for poultry or animals. -38 - ARTICLE 15 CB -1 LOCAL BUSINESS ZONE: SEC.1501 USES PERMITTED: a.Any use permitted in Section 1401 (TR Transitional Zone). b.The following uses,which in any CB -1 zone shall be conducted wholly within a completely enclosed building unless otherwise specified and any use operating as a store,shop or business,shall be a retail establishment and all products produced on the premises shall be sold at retail on the premises: Antique store Apparel store Art needlework or hand -weaving establishment Art gallery or store Auto parking lot (within or without building) Bakery Bank,safe depository or trust company Barber or beauty shop Bicycle shop (no sales or servicing of motor scooter or motorcycles) Book,newspaper,magazine,stationery, art or drawing supply store Cafe,lunch room (provided no dancing is allowed and no alcoholic beverages sold except beer and wine) Catering service Church Cigar store Cleaning,dyeing,laundry,collection agency Clinic Club or lodge (non-profit) Community service agency Confectionary store Custom dressmaking,millinery,hemstitching or pleating Custom weaving -or mending Day nursery or child-care center Dealer in coins,stamps or similar collector's items Delicatessen store Dental or medical laboratory Department store,variety store -39 - Drug store Dry goods or notions store Electrical appliance store Florist shop Frozen food locker Furniture or house furnishing store Garage for public storage only Gasoline service station (incidental repairing only) Gift,curio,novelty,toy or hobby shop Governmental structure Grocery,fruit or vegetable store Hardware store Hotel Ice cream store Ice station for packaged sales only Interior decorator Jewelry store or jewelry and watch repair Laundry and dry cleaning units provided the same occupy no more than 3,000 square feet of gross floor area Leather goods store Library,rental or public Liquor store for packaged sales only Meat,fish or dressed poultry market,provided no live poultry are kept on premises Messenger office Multigraphing,mimeographing,duplicating, addressographing Museum Music,phonograph or radio store Nursery,flower,plant or tree (within a building or enclosure) Office:business,professional or semi-professional Photograph studio or photographic supply store Postal stations Pressing establishment Refreshment stand Religious rescue mission or temporary revival School,barber or beauty culture School,business School,dramatic School,handicraft,painting or sculpture Shoe store or shoe repair shop Sporting goods,hunting and fishing equipment store Station,bus or stage Tailor shop Taxicab stand -40 - Taxidermist Theater,except drive-in or outdoor theater Water,telephone or telegraph distribution or electrical receiving or distribution station (within or without a building) subject to the provisions of Section 2303. Other similar enterprise or business of the same class,which in the opinion of the City Council,as evidenced by - resolution or record,is not more obnoxious or detrimental to the welfare of the particular community than the enterprises or businesses above enumerated. c.Accessory building or use (not involving open storage),when located on the same building site. d.Trailer court not on a state or federal highway not closer than 100 feet to a more restrictive zone,subject to the conditions set forth in Sub -section 2001-c of this Ordinance. e.Administrative,engineering,scientific research, design or experimentation facility,and such processing and fabrication as may be necessary thereto,provided that all such operations be completely housed within buildings located on a site of not less than 10,000 square feet;that all such buildings shall set back not less than 25 feet from any property line abutting a residential zone;that an off-street parking area be provided for all such vehicles incidental to said operation; and that one additional such parking space be •provided for each three persons employed on said premises;that a masonry wall or a screened planting shall be erected and maintained on any property line directly abutting any residential zones;that there is no manufacturing or warehousing of goods for sale at wholesale or retail;and that any activity conducted on said premises shall be free of dust,noxious smoke,fumes,odors or unusual vibrations or noise. f .Restaurant or tea room,including a cocktail lounge or bar in connection therewith,upon condition that no outside door opens into the cocktail lounge or bar,and provided further, that the applicant for a permit shall provide the Zoning Admini- strator with the written consents of 75% of the owners,by number and area,of property within 300 feet of the site for which the permit is sought. SEC.1502 MAXIMUM BUILDING HEIGHT:Two stories or 30 feet. -41 - 1 SEC.1503 MINIMUM LOT AREA:None for uses listed in Section 1501-b and 1501-e;10,000 square feet for residential uses. SEC.1504 MINIMUM LOT WIDTH:None for uses listed in Section 1501-b and 1501-e;60 feet for residential uses. SEC.1505 MINIMUM LOT AREA PER DWELLING UNIT:1,000 square feet for residential uses. SEC.1506 MINIMUM FRONT YARD:20 feet,which may be used to meet off-street parking requirements,or as part of off-street parking lot. SEC.1507 MINIMUM SIDE YARDS:None for uses listed in Section 1501-b and 1501-e;seven feet each for residential uses. SEC.1508 MINIMUM REAR YARD:25 feet,except as provided in Section 2316 for corner lot,which may be used to meet off- street parking requirements,or as a part of off-street parking lot. SEC.1509 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS:None for uses listed in Sections 1501-b and 1601-e;14 feet for residential uses. SEC.1510 DETACHED ACCESSORY BUILDINGS: a.Permitted coverage:40% of the required rear yard and any additional space within the buildable area. b.Maximum building height:20 feet within the re- quired rear yard;two stories or 30 feet within the buildable area. c.Minimum d.Minimum e.Minimum f .Minimum distance to main building:Seven feet. distance to frOnt lot line:20 feet. distance to side lot lines:None. distance to rear lot line:Four feet. -42 - ARTICLE 16 CB -2 GENERAL BUSINESS ZONE: SEC.1601 USES PERMITTED: a.Any use permitted in Section 1401 (TR Transitional Zone)and in Section 1501 (CB -1 Local Business Zone). b.Advertising sign,structure or billboard,subject to Article 22. Amusement or recreation enterprise (within a completely enclosed structure)including billiard or pool hall,bowling alley,dance hall,gymnasium,penny arcade,shooting gallery, skating rink,sports arena. Amusement or recreational enterprise (outdoor) including archery range,miniature golf or practice driving or putting range,games of skill or science,pony riding ring without stables,swimming pool or commercial beach or bathhouse,tennis court. Auction,public (no animals) Auditorium or assembly hall Auto rental garage Auto repair,mechanical or steam washracks,battery service (no body or fender work,painting or upholstery,except as incidental) Bar,cocktail lounge,night club,tavern Baths (Turkish,Swedish,steam,etc.) Blueprinting,photostating Boats,storage or rental Burglar alarm service Carpenter shop Cigar manufacturing (custom hand -rolled) Cleaning establishment,if only two clothes cleaning units of not more than 40 pounds rated capacity, and using cleaning fluid which is non-flammable and non -explosive at temperatures below 138.5 degrees Fahrenheit. Club:Athletic,private,social,sport or recreational (operated for profit)except sports stadium or field. Engraving,photo -engraving,lithographing Fair,carnival or tent show for not longer than 15 days, i f sufficient parking area for patrons is provided. Fortune-telling .. -43 - Garage,public (for commercial use)' Juke box or coin machine business (limited to assembly,repair and servicing) Laundry,steam or wet -wash Lumber yard,retail (provided no machinery is used other than a rip saw and cut-off saw) Locksmith,tool or cutlery sharpening,lawnmower repairing,fix -it or handyman shop Massage establishment,reducing salon or gymnasium Mattress shop for repairing only (no renovating) Merchandise broker's display,wholesale Motorcycle or motor scooter repair or storage Mortuary or embalming establishment or school Newspaper office Oxygen equipment,rental or distribution Pawn shop Piano repairing Plumbing,retail custom Printing or publishing Record recording studio or sound score production (no manufacturing or treatment of records) Refrigeration installation or service School or college (operated as a commercial enterprise for dancing or musical instruction; industrial or trade school teaching operations or occupation permitted in this zone). Sheetmetal or tinsmith shop Sign painting shop Mini -storage building only Trade show,industrial show or exhibition Transfer or express service Upholstery shop Wallpaper sales,paper hanging c.Sale,rental or display of: Airplanes or parts Automobiles Barber's supplies or beauty shop equipment Butcher's supplies Clothing or accessories (wholesale) Contractor's equipment or supplies Drugs or medical,dental or veterinary supplies (wholesale) Farm equipment or machinery Feed (wholesale) Garage equipment Hardware (retail or wholesale) -44 - Hotel equipment or supplies Household appliances,sewing machines,etc. (wholesale) Machinery,commercial and industrial Monuments or tombstones (no wholesale) Office equipment (safes,business machines,etc.) (wholesale) Orthopedic appliances (trusses,wheel chairs,etc.) Painting equipment or supplies (paint,varnish,etc.) Pet (no boarding or hospital) Plastic or plastic products (wholesale) Plumbing,heating and ventilating fixtures or supplies Restaurant or soda fountain equipment or supplies Second-hand goods:Personal,furniture,books magazines,automobiles,but not second-hand auto parts Tents or awnings Trailers Trunks or luggage (wholesale) Upholsterer's supplies Venetian blinds Window shades d.Light manufacturing or assembling incidental to retail sales from the premises,provided that not more than 25% of the floor is occupied by businesses engaged in manu- facturing,processing,assembling,treatment,installation and repair of products. e.Wholesaling of products permitted in Section 1501-c unless specifically prohibited,with storage space not exceeding 1,500 square feet of floor area. f .Cemetery or crematory,provided that cemeteries for human remains shall be located on a site of not less than five acres and for animal pets not less than one acre,and that no crematory be erected closer than 500 feet from any boundary of said site adjoining property in a rural or residential zone. g.Drive-in theater,provided that the face of any projection screen be not visible from any county road or any street or route shown on the adopted Map of Major Thoroughfares and Proposed Routes (Map C,Section 502),which is within 500 feet of said screen;provided further that the site for said theater shall consist of not less than 10 acres of land and be a single tract or parcel not intersected or diVided by any street,alley .• or by property belonging to any other owners;that any lights -45 - used to illuminate the theater site shall be so arranged as to reflect the light away from adjoining property and streets; that the plans for said theater shall have been approved by the City Engineer indicating no undue traffic congestion,due to the location and arrangement of •the theater,including the car rows and aisles and minimizing the danger of fire and panic;that acceleration and deceleration lanes shall be pro- vided along the public thoroughfare adjacent to the entrance and exit of the theater;that parking space or storage lanes for patrons awaiting admission shall be provided on the site in an amount equal to not less than 30% of the vehicular capacity of the theater,that vehicular circulation shall be so designed and constructed as to permit only one-way traffic within the -boundaries of the tract on which the theater is located;that emergency exits shall be provided;that sanitary facilities and the method of food handling shall be approved by the County Health Department;that definite plans for shrubbery and landscaping shall be presented to the Zoning Administrator and made a part of the permit;that the nearest point of the theater property,including driveways and parking areas shall be at least 750 feet from the boundary of a district zoned for residential use;and provided further,that all other conditions of the zone are fully observed. h.Fair,carnival,circus or tent show for not longer than 15 days. i .Racetrack or sports stadium,subject to the conditions set forth in Subsection 601-o of this Ordinance,except the requirements for the filing of the consents of owners of ad- jacent property. j .Radio or television tower or booster station,pro- vided such tower is no closer to any boundary of said site than the height thereof. k.Veterinary hospital or kennels,provided no such building or structure be within 100 feet of any boundary of said site abutting property in a rural or residential zone. SEC.1602 MAXIMUM BUILDING HEIGHT:35 feet. SEC.1603 MINIMUM LOT AREA:None for the uses permitted in Section 1601-a through 1601-e;7,000 square feet for residential uses. SEC.1604 MINIMUM LOT WIDTH:None for the uses permitted in Section 1601-a through 1601-e;60 feet for r8identia1 uses. -46 - SEC.1605 MINIMUM LOT AREA PER DWELLING UNIT:1,000 square feet for residential uses. SEC.1606 MINIMUM FRONT YARD:15 feet for uses permitted in Section 1601-a through 1601-e;20 feet for residential uses. SEC.1607 MINIMUM SIDE YARDS:None for the uses permitted in Section 1601-a through 1601-e;7 feet for residential uses. SEC.1608 MINIMUM REAR YARD:10 feet for uses permitted in Section 1601-a through 1601-e;25 feet for residential uses. SEC.1609 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS:None for the uses permitted in Section 1601-a through 1601-e;14 feet for residential uses. SEC.1610 DETACHED ACCESSORY BUILDINGS: a.Permitted coverage:40% of the required rear yard and any additional space within the buildable area. b.Maximum building height:20 feet within the re- quired rear yard;35 feet within the buildable area. c.Minimum distance to main building:Seven feet. d.Minimum distance to front lot line:15 feet. e.Minimum distance to side lot lines:None. f .Minimum distance to rear lot lines:Four feet. -47 - ARTICLE 17 CI -1 LIGHT INDUSTRY AND WAREHOUSE ZONE: SEC.1701 USES PERMITTED: a.Any use permitted in Section 1501-b (CB -1 Local Business Zone)and in Sections 1601-b and 1601-c (CB -2 General Business Zone). b.One dwelling unit for a watchman or caretaker and his family. c.Any of the following if conducted wholly within a completely enclosed building: 1.Manufacture,compounding,processing,packaging or treatment of:Bakery goods,candy,cosmetics,dairy products, drugs and pharmaceutical products,soap (cold process only)and food products,except fish or meat products,sauerkraut,vinegar, yeast and the rendering or refining of fats and oils. 2.Manufacture,compounding,assembling or treatment of articles or merchandise from the following previously prepared materials:Bone,broom corn,cellophane,canvas,cloth,cork, feathers,felt,fiber,fur,glass,hair or bristles,horn, leather,paper,plastics or plastic products,precious or semi- precious metals or stones,shell,textiles,tobacco,wax (paraffin,tallow,etc.),wood (excluding sawmill or planing mill),yarns,paint (not employing a boiling process). 3.Manufacture of:Glass,pottery or other similar ceramic products (using only previously prepared sand or pulver- ized clay,and kilns fired only by electricity or gas),musical instruments,toys,novelties,rubber or metal stamps. 4.Manufacture and maintenance of:Electric and neon signs,billboards,commercial advertising structures and displays,light sheet metal products,including heating or cool- ing,and ventilating ducts and equipment,cornices,eaves and the like. 5.Automobile or trailer assembling,painting,up- holstering,rebuilding,reconditioning,sale of used parts, truck repair or overhauling,tire rebuilding or recapping, battery manufacture and the like. 6.Blacksmith and welding shop or machine shop (excluding punch presses over 20 tons rated capacity,and drop -48 - hammer),foundry casting,electro-plating and electro-winning lightweight non-ferrous metals not causing noxious fumes or odors. 7.Laundry,cleaning or dyeing works,carpet and rug cleaning. 8.Distribution plant,ice and cold storage plant, beverage bottling plant. 9.Wholesale business,storage building or ware- house. 10.Assembly of electrical appliances:Radios and phonographs,including the manufacture of small parts only, such as coils,condensers,transformers,crystal holders and the like. 11.Laboratory:experimental,photo or motion picture film or testing. 12.Veterinary or cat or dog hospital or kennels. 13.Poultry or rabbit killing incidental to a retail business on the same premises. d.Any of the following if conducted wholly within a completely enclosed building or within an area enclosed on all sides with a solid wall,compact evergreen hedge or uniformly painted board fence,not less than six feet in height: 1.Building material sales yard,contractors equip- ment sales yard (only)or rental of equipment commonly used by contractors. 2.Retail lumber yard,including only incidental mill work,feed yard. 3.Draying,freighting or truck yard or terminal. 4.Motion picture studio. 5.Automobile or automotive body and fender shop. 6.Public utility service yard. e.Accessory building or use when located on the same building site. -49 - f .Airport,airstrip or landing field,subject to the conditions set forth in Sub -section 601-j of this Ordinance. g.(1)Gasoline or flammables bulk station,provided said products,gasoline or petroleum shall not be stored in tanks of more than 10,000 gallons capacity each,located not less than 25 feet from building or lot line and no closer than 100 feet to a residential zone. (2)Liquified Petroleum Gases (LPG)bulk station shall be designed,constructed and maintained in compliance with provisions of National Fire Protection Association (N.F.P.A.) Standards No.58. SEC.1702 MAXIMUM BUILDING HEIGHT:35 feet. SEC.1703 MINIMUM LOT AREA:None. SEC.1704 MINIMUM LOT WIDTH:None. SEC.1705 MINIMUM LOT AREA PER DWELLING UNIT:None. SEC.1706 MINIMUM FRONT YARD:15 feet,except as provided in Section 1709. SEC.1707 MINIMUM SIDE YARDS:None,except as provided in Section 1709. SEC.1708 MINIMUM REAR YARD:10 feet,except as provided in Section 1709. SEC.1709 INDUSTRIAL BUFFER REQUIRED:Where industry adjoins,faces or -confronts residential property or a major or secondary thorough- fare,such industrial use shall provide a yard of not less than 10% of the lot depth or width on the side or sides abutting, facing or confronting said uses,but such yard need not exceed 50 feet unless a greater depth or width is required by the general setback provisions of this Ordinance,or general or special setback provisions of any existing setback ordinance. Such yard may be improved with any of the following: a.Parking lot.• b.Recreational space for employees,or landscaping. -50 - SEC.1710 DETACHED ACCESSORY BUILDINGS: a.Permitted coverage:40% of the required rear yard and any additional space within the buildable area. b.Maximum building height:20 feet within the re- quired rear yard;35 feet within the buildable area. c.Minimum distance to main building:Seven feet. d.Minimum distance to front lot line:15 feet, except as provided in Section 1709. e.Minimum distance to side lot lines:None except as provided in Section 1709. f .Minimum distance to rear lot line:Four feet, except as provided in Section 1709. -51 - ARTICLE 18 CI -2 INDUSTRIAL ZONE: SEC.1801 USES PERMITTED: a.Any use permitted in Section 1501-b (CB -1 Local Business Zone),Sections 1601-b and 1601-c (CB -2 General Business Zone)and Section 1701-b through 1701-e (CI -1 Light Industry and Warehouse Zone),within or without a building or enclosure and not subject to any limitations shown therein unless specially enumenated in Section 1801-c. b.Any other commercial or industrial use except those listed in Section 1801-e below. c.Accessory building or use when located on the same building site. d.Airport or landing field,commercial,subject to the conditions set forth in Sub -section 601-j of this Ordinance. e.Any of the following uses,provided the applicant for such a use permit submits to the Zoning Administrator plans for said proposed use showing certificates by the City Engineer, and Health Officer,certifying that said use complies with all laws and regulations under their jurisdictions and,provided further,that when the Zoning Administrator has satisfied him- self that said use will create no foreseeable flood,traffic or health hazards or nuisances as defined by the standards adopted by the City Council and on file in the office of said Administra- tor,said Administrator shall then give notice by mail to all property owners of record within 300 feet of the proposed site of said use of his intention to grant a permit,and giving any interested person 30 days in which to appeal to the Board of Adjustment from said Administrator's interpretation of the application of said standards in connection with said proposed use;that if no appeal is taken within 30 days from the date said notices are mailed,the permit shall issue and become final upon the expiration of said 30 -day period. The uses covered by this Sub -section are as follows: Abattoir (slaughter house) Auto wrecking except where conducted wholly within an enclosed building or behind compact walls not less than six feet in height... Blast furnace Boiler shop or works -52 - Coke oven Commercial cattle feeding yard or sales or auction yard Dirt,soil,clay,sand,rock,stone or gravel pit or yard Fat rendering Hog feeding yard,commercial (where more than three hogs weighing more than 100 pounds each are fed) Incineration,reduction or dumping of offal,garbage or refuse on a commercial scale,not operated by a municipality or a sanitary district. Junk yard or storage,except where carried on wholly within a building or behind compact walls not less than six feet in height,manufacture of: Acetylene gas,acid,ammonia,asphalt or products, asbestos,brick,tile or terra cotta,babbit metal,bleaching powder,carbon,lamp black or graphite,cement,celluloid,chlorine gas,coal tar or products,creosote or products,explosives, fireworks,fertilizer (including open storage on a commercial scale),illuminating gas,gelatine, glucose,glue or size,guncotton or products, gypsum,insulating material (such as rock wool and similar products),lime or products,matches, phenol,pickles,plaster of Paris,poisons,potash, pulp,paper and strawboard,rubber,sulphur and products,sauerkraut,soap except by cold process, tar or asphalt roofing,turpentine,vinegar. Meat packing plant Oil reclaiming plant Ore reducing plant,on sites of less than 72,000 square feet Petroleum products storage above ground,except in quantities of less than 1,000 barrels Petroleum refinery Racetrack or sports stadium,except for contests between human beings only Rifle range,including pistol range,if not within an enclosed building Rock crusher,aggregate pit,aggregate plant, quarry,concrete or cement products Rolling mill Rubber reclaiming plant Salt works Sandblasting plant .. Sewer farm or sewage disposal,not operated under the control of the municipality or a sanitary district. -53 - Smelting,on sites of less than 72,009 square feet Stockyards,commercial Storage or baling of rags or paper,except when wholly within a building or behind compact walls not less than six feet in height Tannery Wood or bone distillation Wool pulling or scouring plant SEC.1802 MAXIMUM BUILDING HEIGHT:35 feet. SEC.1803 MINIMUM LOT AREA:None. SEC.1804 MINIMUM LOT WIDTH:None. SEC.1805 MINIMUM LOT AREA PER DWELLING UNIT:None SEC.1806 MINIMUM FRONT YARD:15 feet except as provided in Section 1709. SEC.1807 MINIMUM SIDE YARDS:None,except as provided in Section 1709. SEC.1808 MINIMUM REAR YARD:10 feet,except as provided in Section 1709. SEC.1809 INDUSTRIAL BUFFER REQUIRED:Same as in Section 1709. SEC.1810 DETACHED ACCESSORY BUILDINGS: a.Permitted coverage:40% of the required rear yard and any additional space within the buildable area. b.Maximum building height:20 feet within the re- quired rear yard;35 feet within the buildable area. c.Minimum distance to main building:Seven feet. d.Minimum distance to front lot line:15 feet except as provided in Section 1709. e.Minimum distance to side lot lines:None,except as provided in Section 1709. f .Minimum distance to rear lot line:Four feet except as provided in Section 1709. -54 - ARTICLE 19 GUEST RANCH REGULATIONS:In addition to other provisions of this Ordinance,the following shall apply to guest ranches in any zone where permitted. SEC.1901 ACCESSORY USES PERMITTED: a.Accessory commercial uses,i f located on the premises of the guest ranch not closer than 100 feet to any public street,having no outside entrance facing such street, and intended,provided,and operated primarily for the con- venience of guests,as follows: Restaurant Beverage service Incidental retail sales and services Professional office Personal services Horses for the use of occupants and guests, but not for public hire b.A guest ranch shall stable or keep not more than one horse for each 10,000 square feet of land area,and no stable or corral shall be closer than 50 feet to any lot line and not closer than 100 feet to a dwelling on an adjoining property or to a school,park,public street or road (excepting an alley). SEC.1902 MINIMUM LOT AREA:144,000 square feet -55 - ARTICLE XX Section 20.00 TRAILER HOMESITE ZONE (TH) Section 20.01 Section 20.02 Section 20.03 Section 20.04 Section 20.05 USES PERMITTED MOBILE HOME PARKS MOBILE HOME SUBDIVISIONS TRAVEL TRAILER AND RECREATIONAL VEHICLE PARKS DETACHED ACCESSORY BUILDINGS Section 20.01 USES PERMITTED 1.Any use permitted in the CR-3 zone 2.Trailers,travel trailers,or recreational vehicles on individual lots,providing that there is no more than one (1)trailer,travel trailer? or recreational vehicle on any individual lot 3.Mobile Home Park 4.Travel Trailer or Recreational Vehicle Park 5.Mobile Home Subdivision Section 20.02 MOBILE HOME PARKS 1.Mobile home parks shall not contain less than ten (10)acres. 2.Each space shall have an area of not less than 3,000 square feet. 3.Each space shall be not less than 36 feet in width. 4.Setbacks: a.Mobile homes shall be located on the space no closer than eight (8)feet from the nearest edge of any interior street or roadway. b.Mobile homes shall be set back a minimum of five (5)feet from all other space -lines. c.Mobile homes located on spaces having common boundaries with two (2)or more interior streets or roadways shall be set back a minimum of twenty (20)feet on the entry side and a minimum of eight (8)feet on the non -entry side from the nearest edge of street or roadway. d.Mobile homes and travel trailers shall maintain a minimum separation of twenty (20)feet in all directions from other mobile homes,travel trailers,or buildings. 1.8 / 6 1. 1 8 P a P u a w V .ON 03 U V W . 1 0 -56 - TH TRAILER HOMESITE ZONE: ARTICLE 20 SEC.2001 USES PERMITTED: a.Any use permitted in the CR-3 zone b.Trailer c.Mobile home subdivisions,subject to the following: 1.The number of mobile homes or travel trailers shall be limited to one (1)on each lot in such subdivision. 2.The height,yard,intensity of use,and parking regulations of the TN Zone shall apply to mobile homes or travel trailers located on lots in such subdivision. d.Trailer park,mobile home park or travel trailer park lot or parcel shall be not less than ten (10)acres and shall observe the minimum area standards set forth herein. e.Trailer parks and mobile home parks,subject to securing a use permit and the following: 1.Each mobile home space shall have an area of not less than 3,000 square feet and a width of not less than 36 feet,and each travel trailer space shall have an area of not less than 1,000 square feet and a width of not less than 25 feet,except that the number or spaces designed or used for travel trailers shall not exceed 20% of the ,total number of spaces provided in such mobile home park. 2.Mobile homes shall be located onThiobile home spaces so as to provide a minimum setback from the nearest edge of any interior drive or roadway of not less than eight feet and so as to provide a minimum setback from any mobile home space boundary not in common with the edge of any interior drive or roadway of not less than five feet,except that in the case of mobile home spaces having boundaries in common with two or more interior drives or roadways in the minimutissetback from the nearest edge of interior drives or roadways shall be not less than 20 feet on the mobile home's entry side and not less than five feet on the mobile home's non -entry side. 3.Travel trailers shall Wlocated on travel trailer spaces so as to provide a minimum setback from the -56 - s• e.Minimum distances or setbacks required herein shall be the shortest of horizontal dimensions measured from the nearest portion of a wall of a mobile home or travel trailer. 5.Mobile home parks may contain travel trailers,providing that not more than 20 percent of the total number of spaces provided may be travel trailer spaces designed in compliance with Section 20.04. a.Travel trailers shall be located on the space no closer than four (4)feet from the nearest edge of any interior street or roadway. b.Travel trailers shall be set back not less than three (3) feet from all other space -lines. c.Travel trailers located on spaces having common boundaries with two (2)or more interior streets or roadways shall be set back a minimum of twenty (20)feet on the entry side and a minimum of four (4)feet on the non -entry side from the nearest edge of street or roadway. d.Travel trailers may be located on mobile home spaces,but shall observe mobile home setbacks. 6.Mobile homes shall not be located on travel trailer spaces. 7.Mobile homes or travel trailers shall be set back a minimum of ten (10)feet from all exterior property lines. 8.Mobile home parks shall be screened around their perimeter, except for gates or access -ways,by an opaque fence or solid wall of not less than five (5)feet nor more than six (6)feet in height,measured on the fence or wall from outside the park. 9.Not more than one mobile home or travel trailer shall be placed on any space. Section 20.03 MOBILE HOME SUBDIVISIONS 1.Not more than one mobile home,travel trailer,or recreational vehicle shall be located on any lot. 2.Subdivisions of ten (10)or more acres in area shall be screened around their perimeters,except for gates and access -ways,by an opaque fence or solid wall of not less than five (5)feet nor more than six (6) feet in height,measured on the fence or wall from outside the park. 3.Maximum building height:Two stories or thirty feet 4.Minimum lot area:8,000 square feet 5.Minimum lot width:sixty (60)feet I8 / 6 1 . / 8 P a P u a w V LO I . 14 1 a n e u q u o -57 - nearest edge or any interior drive or roadway of not less than four feet and so as to provide a minimum setback from any mobile home space boundary not in common with the edge of an interior drive or roadway of not less than three feet,except that in the case of travel trailer spaces having boundaries in common with two or more interior drives or roadways the minimum setback from the nearest edge of interior drives or roadways shall be not less than 20 feet on the travel trailer's entry side and not less than three feet on the travel trailer's non -entry side. • 4.Travel trailers may be located on mobile home spaces but the minimum setbacks required of mobile homes shall be provided. 5.The location of mobile homes on travel trailer spaces shall be prohibited. 6.The minimum distance between mobile homes or travel trailers in the same mobile home park shall be 20 feet. 7.The minimum distance between mobile homes or travel trailers and buildings in the same mobile home park shall be 20 feet. 8.Each mobile home or travel trailer shall set back from all lot lines a distance of not less than 10 feet. 9.Service buildings to house toilet,bathing and other sanitary facilities and utilities shall be provided as required by the Pinal County Health Department. 10.Minimum distance or setbacks required herein shall be the shortest of horizontal dimensions measured from the nearest portion of the sidewall of a mobile home or travel trailer,or from the patio cover,carport,cabana,ramada or similar appurtenances. 11.A mobile home or travel trailer park and mobile home or travel trailer subdivision of ten or more acres shall be screened around its periphery except for gates or access ways by an opaque solid fence or wall of not less than five feet nor more than six feet of height,measured on the fence from outside the park. 12.The height,yard and intensity of use regulations of the TH Zone shall apply to buildings located in mobile home parks but not the mobile homes or tra 1 trailers,except that •• the area and width of the lot occupied by a mobile home park shall not be less than that required for lots occupied by other uses. -57 - dr 6.Minimum front yard:fifteen (15)feet 7.Minimum side yards:ten (10)feet each 8.Minimum rear yard:ten (10)feet Section 20.04 TRAVEL TRAILER,RECREATIONAL VEHICLE PARK 1.Each space shall have an area of not less than 1,000 square feet. 2.Each space shall be not less than twenty-five (25)feet in width. 3.Travel trailers or recreational vehicles shall be located on the space no closer than four (4)feet from the nearest edge of any interior street or roadway. a.Travel trailers and recreational vehicles shall be set back not less than three (3)feet from all other space -lines. 4.Travel trailers and recreational vehicles located on spaces having common boundaries with two (2)or more interior streets or roadways shall be set back a minimum of twenty (20)feet on the entry side and a minimum of four (4)feet on the non -entry side from the nearest edge of a street or roadway. 5.The minimum separation between travel trailers and recreational vehicles and other travel trailers,recreational vehicles,or buildings shall be not less than twenty (20)feet. 6.No more than one travel trailer or recreational vehicle shall be located on any space. 7.The minimum setbacks required herein shall be the shortest hori- zontal dimension measured from the nearest portion of a wall of a travel trailer or recreational vehicle. 8.Each travel trailer or recreational vehicle shall be set back a minimum of ten (10)feet from all exterior property lines, 9.A travel trailer or recreational vehicle park shall be screened on its perimeter,except for gates and access -ways,by an opaque fence or solid wall not less than five (5)feet nor more than six (6)feet in height, measured on the fence or wall from outside the park. 10.Travel trailer or recreational vehicle parks shall contain not less than ten (10)acres. Section 20.05 DETACHED ACCESSORY BUILDINGS 1.Permitted coverage:25 percent of the minimum rear yard,plus 50 percent of any additional space in the rear of the principle building. 12 / 6 1/ 8 P a p u a w v ON ap u e u p a o -58 - 13.In order to permit flexibility in the develop- ment 9f mobile home parks,the strict application of regulations pertaining directly to an individual mobile home space or travel trailer space and to the location thereon of mobile homes and travel trailers need not be applied,provided any variation therefrom is consistent with the purpose of this Ordinance, open space is maintained at a ratio of two square feet for each square foot of covered area,and the average area per mobile home space or travel trailer space in the mobile home park is not less than 3,000 square feet for mobile homes or 1,000 square feet for travel trailers,except that there shall be no variation in required minimum distance between mobile homes,travel trailers, and buildings,and from all lot lines. 14.Evidence satisfactory to the Commission,of the ability and intention of the applicant to proceed with actual construction work in accordance with approved plans. SEC.2002 MAXIMUM BUILDING'HEIGHT:Two stories or 30 feet. SEC.2003 MINIMUM LOT AREA:8,000 square feet. SEC.2004 MINIMUM LOT WIDTH:60 feet. SEC.2005 MINIMUM LOT AREA PER TRAILER UNIT OR SINGLE TRAILER NOT IN A TRAILER COURT,AS SET FORTH IN SECTION 2001-d and 2001-e:8,000 square feet. SEC.2006 MINIMUM FRONT YARD:15 feet.' SEC.2007 MINIMUM SIDE YARDS:10 feet each. SEC.2008 MINIMUM REAR YARD:10 feet. SEC.2009 MINIMUM DISTANCE BETWEEN MAIN BUILDING OR TRAILERS: 20 feet,except as required in Section 2310 for a rear dwelling. SEC.2010 DETACHED ACCESSORY BUILDINGS: a.Permitted coverage:25% of the minimum rear yard plus 50% of any additional space in the rear of the Principal building. b.Maximum height:20 feet. c.Maximum distance to main building:Seven feet. -58 - .d 2.Maximum height:twenty (20)feet 3.Minimum distance to main building:seven (7)feet 4.Minimum distance to front lot line:sixty (60)feet 5.Minimum distance to rear lot line:four (4)feet 6.Minimum distance to side lot line:four (4)feet each 18 / 6 [/ 8 P e P u a w V -o N a o u p u l p o 0 -59 - d.Minimum distance to front lot line:GO feet. \f .Minimum distance to rear lot line:Four feet i f building is not used for poultry or animals;15 feet i f building is used for poultry or animals. \ -59 - ARTICLE XXI Section 21.00 PARKING AND LOADING Section 21.01 Section 21.02 Section 21.03 Section 21.04 Section 21.05 Section 21.06 Section 21.07 INTENTION AND PURPOSE GENERAL PROVISIONS DETAILED STANDARDS OFF-STREET PARKING REQUIREMENTS LOADING FACILITIES REQUIREMENTS PARKING:ADDITIONAL REQUIREMENTS HANDICAPPED PERSONS PARKING REQUIREMENTS Section 21.01 INTENTION AND PURPOSE I t is the intent and purpose of the parking and loading re- quirements to provide for adequate off-street parking spaces to serve residential,commercial,industrial,institutional and other land uses,and thus help to prevent congestion of city streets. Proper design of and access to parking facilities shall be required in order to protect the public health,safety and welfare.Further- more,i t is the intent and purpose of these regulations to promote the functional efficiency of all land uses by requiring off-street parking and loading facilities consistent with modern standards. Section 21.02 GENERAL PROVISIONS 1.The provisions and maintenance of required off-street parking and loading facilities are continuing obligations of the property owner or tenant.Required parking spaces shall be improved as required and made available for use before final inspection is completed by the Building Official. 2.Repealed September 3,1980. 3.In all zoning districts,required off-street parking shall be located on the premises intended to be served. 4.Required parking spaces shall be available for parking of vehicles of residents,customers,patrons,and employees,and shall not be used for storage of vehicles,or materials,or for the ex- clusive parking of vehicles used in conducting the business or use, and shall not be used for selling,repairing,or servicing. 5.In a residential zoning district no required parking spaces shall be provided in the front yard setback area;and provided further, except for single-family dwellings and mobile homes,no parking shall.. be permitted in the front yard setback area. -60 - 6.A plan,drawn to scale,indicating how the off-street parking requirements are to be met,shall accompany an application for a building permit where parking is required.The plan shall show all elements necessary to indicate that the parking requirements as set forth in this Article are being fulfilled,and shall include at least the following: a.Delineation of individual parking spaces;and b.Circulation area necessary to serve spaces;and c.Access to streets and property to be served;and d.Curb cuts;and e.Dimensions,continuity and type of screening;and f .Grading,drainage and surfacing details,and g.Delineation of obstacles to parking and circulation in finished parking area;and h.Specifications as to signs and bumper guards;and I .Landscaping. 7.When the unit of measurement determining the number of required parking spaces results in the requirement of a fractional space,any fraction up to and including one-half (0.5)shall be disregarded,and fractions over one-half (0.5)shall require the additional one (1)parking space. 8.,When parking areas are provided on a separate lot,the front setback requirements shall be determined as if applied to a one (1)story structure within the zoning district where i t is located. Section 21.03 DETAILED STANDARDS All parking and loading areas shall be developed and maintained as follows: 1.Repealed September 3,1980. 2.Except for single-family and duplex dwellings,driveways and areas for loading,parking and maneuvering of vehicles shall meet the requirements of the Director of Public Works with regard to traffic flow onto public streets and -61 - 3.A parking area shall be designed to dispose Of all surface water accumulation within the area in such a manner as to prevent drainage onto adjoining property,and shall meet all other drainage requirements of the Director of Public Works. 4.A loading berth shall have minimum dimensions of fourteen (14)feet wide and fifty (50)feet long,and where covered shall have a vertical clearance of at least fourteen (14)feet.I f the loading area is in the buildable area,this requirement shall not prevent the construction over the loading space clearance area. 5.Each required parking space shall be not less than nine (9) feet wide and not less than twenty (20)feet long,exclusive of access drives or aisles. 6.No obstructions of any kind shall be permitted within any designated parking space. 7.No parking space shall be located in a manner so as to block access to any other parking space,except on a parking lot with a parking attendant having access to each vehicle's keys. 8.Parking spaces shall be designed so that no backward move- ment of a vehicle onto a public right-of-way,other than an alley, will be necessary,except for single-family and duplex dwellings. 9.When installed,bumper guards or wheel barriers shall be secured to the ground surface and shall be so installed that no portion of a vehicle will project onto a public right-of-way,over adjoining property,over a sidewalk,or into a required setback,landscaping or screening. 10.Lighting of a parking area shall not interfere with surround- ing areas or traffic flow. 11.Directional signs and pavement markings shall be used to control vehicular movement in a parking area.Signs shall be limited to two (2)square feet each,and an aggregate total not to exceed twenty (20)square feet.No sign of any kind other than those indica- ting entrances,exits,name of establishment to which such parking area is accessory,or conditions of use shall be erected.No advertising on such signs shall be permitted. 12.No driveway over 300 feet long shall exceed a ten percent (10%)grade;and no driveway shall exceed seventeen percent (17%) .grade. -62 - 13.A common driveway shall be permitted for adjacent resi- dential lots.At least one-half (I)the minimum required width of the service driveway shall be located contiguously on each lot. Legal evidence shall be presented to the Director of Public Works and approved by the City Attorney,in the forms of deeds,leases,or contracts to establish joint use,prior to zoning approval. 14.Where a parking area for a business or commercial use is a side yard or rear yard and adjoins a residential zoning district,a solid wall or fence of masonry or other approved fireproof material shall be constructed between the parking area and said district not less than four (4)feet nor more than six (6)feet in height,except that no fence shall be required within twenty (20)feet of public right-of-way. 15.No parking lot shall have a vehicular entrance or exit onto a public right-of-way within thirty (30)feet of a residential zoning district or within fifty (50)feet of any school grounds,public play- ground,church,hospital,sanitorium,public library or institution for dependents or for children. 16.Off-street parking areas shall be arranged so as to conform with the standards depicted in Figure 21-1,"Off -Street Parking Standards." 17.Repealed Setpember 3,1980. 18.(Reserved -landscaping and screening.) Section 21.04 OFF-STREET PARKING REQUIREMENTS The following sets forth the minimum number of parking spaces to be provided as required in this Ordinance.Requirements for a building or use not specifically listed shall be determined by the Director of Planning or Building Official based upon the requirements of similar uses. 1.Residential a.ONE -FAMILY DWELLING UNIT -Two spaces for the dwelling unit. b.DUPLEX AND MULTIPLE FAMILY DWELLING UNITS - -63 - Type of Dwelling Unit (1)Studio or efficiency unit* Required Parking Spaces I space per dwelling unit. (2)Family lodging house*0.75 space for each person for whom living accommoda- tions are provided. (3)One -bedroom apartment*H spaces per dwelling unit. (4)Two or more bedroom 2 spaces per dwelling unit. apartment* *Accessory rooms,such as dens,recreation rooms,extra living rooms or family rooms (but excluding kitchens, dining rooms,bathrooms,and one living room), shall be calculated as a bedroom when determining the required off-street parking spaces. c.GROUP HOME One (1)space per bedroom,plus one (1)space for each staff member.I f counseling services are provided to nonresidents,an additional one (1) space for each 200 square feet of gross floor area used by said counsel- ing services shall be provided.Com- mission may authorize provision of fewer parking spaces i f there is a clear indication that the number of required spaces for a group home is unnecessary due to such factors as residents being unable to drive due to age or mental or physical dis- ability. d.MOBILE HOME PARK .One (1)parking space per mobile •home space;plus parking spaces for commercial or office uses as other- wise provided in this Ordinance;plus one(1) parking space per each five (5) •mobile home spaces,said spaces to be located in a security area. -64 - e.TRAVEL TRAILER PARK OR TOURIST COURT f .ROOMING HOUSE OR BOARDING HOUSE g.MOBILE HOME SUBDIVISION 2.Amusement park,fair- ground or transient show. 3.Arena,stadium, auditorium or theater. 4.Assembly hall without seats 5.Bank 6. ,Bar,club,lodge, meeting room,night- club,and restaurant having sit down places 7.Bowling alley 8.Bus terminal 9.Church One (1)parking space per travel trailer space;plus parking spaces for commercial or office uses as otherwise provided in this Ordi- nance;plus one parking space per each ten (10)travel trailer spaces, said spaces to be located in a security area. One (1)space per guest room,plus one (1)space for resident manager. Two (2)spaces per lot. (Reserved) One (1)space for every four (4) seats;twenty (20)inches of bench or pew shall be considered one (1) seat.** One (1)space for each one hundred (100)square feet of floor area used for assembly. One (1)space for each two hundred fifty (250)square feet of gross floor area. One (1)space for each fifty (50) square feet of gross floor area. Three (3)spaces for each alley. One (1)space for each four hundred (400)square feet of gross floor area. One (1)space for every five (5)seats in the principal auditorium;twenty (20)inches of bench or pew shall be considered one (1)seat.** -65 - 10.Clinic 11.Club with over- night accommodations 12.Funeral home 13.Home occupation 14.Hospital 15.Hotel 16.Industrial establishment 17._Motel 18.Nursing home 19.Office 20.Pool hall 21.Racquet/handball court One (1)space for each two hundred (200)square feet of gross floor area. One (1)space for each two (2) guest rooms or suites,plus requirement for a club. Eight (8)spaces per reposing room,Plus one (1)space per funeral vehicle,plus one (1) space per employee. One (1)space,in addition to the required parking for the dwelling. One and eight -tenths (1.8)spaces per bed;however,hospital basinets shall not be counted as beds. One (1)space for each two (2)guest rooms or suites,plus one (1)space for each two hundred (200)square feet of gross floor area devoted to other uses. One (1)space for each one thousand (1,000)square feet of gross floor area,or one (1)space for each four (4)employees on the largest shift, whichever is greater. One (1)space for each guest room or suite,plus one (1)space for each two hundred (200)square feet of gross floor area devoted to other uses. One (1)space per One (1)space for (200)square feet One (1)space for (100)square feet Two (2)spaces per -66 - two (2)beds. each two hundred of gross floor area. each one hundred of gross floor area. court. 22.Restaurant -drive-in 23.Retail store,service or repair shop 24.Retail store or service or repair shop that handles bulky mer- chandise,such as furniture,large household appliances, or motor vehicles 25.School -business, secretarial,industrial, technical or trade 26.School -college or university 27.School -preschool, nursery,kindergarten, elementary or junior high 28.School -senior high 29.Shopping center 30.Skating rink 31.Swimming pool (Reserved) One (1)spacefor each fair hundred (400)square feet of gross floor area. One (1)space for each eight hundred (800)square feet of gross floor area. Six (6)spaces for each classroom. Two (2)spaces per one thousand (1,000)square feet of gross floor area used for academic purposes, plus one (1)space for each four (4) student rooming units,plus additional spaces as required for non-academic uses. Two (2)spaces for each classroom and administrative office. One (1)space for each ten (10) students for which the building was designed,plus one (1)space for each classroom and administrative office. (Reserved) One (1)space for each one hundred (100)square feet of gross floor area. One (1)space for each one hundred (100)square feet of pool,sun- bathing,and picnic area. -67 - 32.Tennis court 33.Wholesale estab- lishment,warehouse, or air,rail or trucking freight terminal Three (3)spaces per'. court. One (1)space for each five thousand (5,000)square feet of gross floor area,or one (1)space for each four (4)employees on the largest shift,whichever is greater. **Where permanent seating is not fixed,the seating capacity, as determined by the Fire Chief,may be used to determine the number of seats. Section 21.05 LOADING FACILITIES REQUIREMENTS In all zoning districts,in connection with every building hereafter erected to be occupied by uses requiring the receipt or shipment by motor vehicles of materials or merchandise,there shall be provided and maintained on the same premises with such building off-street loading and unloading space accessible from an alley or easement of access,or when there is no such alley or easement of access,from a street.One loading space shall be required for each 10,000 square feet of floor area.I f less than 10,000 square feet exists,5,000 or more square feet of floor area shall require one (1) loading space. Such space may occupy all or part of any required rear yard, except that no such space shall be located closer than fifty (50) feet to "any lot in a residential zoning district unless wholly within a completely enclosed building or enclosed on all sides abutting said residential zoning district by a solid fence or wall not less than five (5)feet nor more than six (6)feet in height. Section 21.06 PARKING:ADDITIONAL REQUIREMENTS 1.In any residential district,all motor vehicles which are unlicensed or incapable of movement under their own power shall be stored in a rear yard in a completely screened space,garage or car- port,except in an emergency. 2.One (1)travel trailer,which shall not be used for any purpose,may be stored or parked in a residential zoning district in the rear yard provided said trailer is stored in a garage or ramada,. or in an area shielded from adjoining properties by an opaque fence or planting. -68 - Section 21.07 HANDICAPPED PERSONS PARKING REQUIREMENTS (Reserved) -69 - -by/ *0 • / t. r,t2, FIGURE 21-1 OFF -STREET PARKING STANDARDS ILLUSTRATED _ 1 1 1 1 K % . *•P •• eu AA L IC( N r c ( 1 .51 1 ,‘A l t Pwat C STREW T tr. 7 -p+' 144---146 u 0 J, -0, I ILI -4 .16 4 EfiltgE --r grin eet Pciecia Srg e 5 T 2 Pc 0 4 `t '44 .3 e I *1 r ALL DiblEA/S/ews A ie e zwrs ARTICLE 22 SIGNS,BILLBOARDS,NAME PLATES AND OTHER OUTDOOR ADVERTISING: SEC.2201 DEFINITIONS:For the purpose of this Article,certain words and terms used herein are herewith defined. a."Advertising Structure":A structure and all parts thereof which are erected or used for advertising purposes upon which any poster,bill,bulletin,printing,painting,device, or other advertisement of any kind whatsoever is placed,posted tacked,nailed,pasted,painted or otherwise fastened or affixed; and shall not include any board,sign or surface used exclusively to display official notices issued by any court or public office or posted by any public officer in performance of a public duty or a private person in giving a legal notice. b."Area of Sign":The largest rectangle that is re- quired to enclose one side or face of the sign,including any neon or other tubing used to outline the sign;in the case of an irregularly shaped sign,the sum of the rectangle necessary to enclose each letter or part of the sign. c."Billboard":An advertising structure which is supported by posts,standards of braces set in the ground or attached to other structures and which advertises a use not conducted on the same premises or a product not produced or fabricated on the same premises. d."Directional Sign":A sign giving only the name, location and/or direction of a use not located on the same premises;for a church may include schedule of services. e."Identification Sign":An announcement sign giving the name and description of a permitted use located on the pre- mises.• f ."Real Estate Sign":A sign advertising that property on which sign is located is for sale,for rent or for lease. g."Sign":An advertising structure,display board, screen structure,object or part thereof used to announce, identify,declare,demonstrate,display or otherwise advertise and attract the attention of the public by words,letters,fig- ures,designs,fixtures,colors or illumination publicly dis- played out of doors. -71 - h."Temporary Sign":Any sign used for a period not exceeding 30 days,and advertising a use on the premises where the sign is located,or advertising the property for sale or for rent or for lease. SEC.2202 EXCEPTIONS:The regulations of this Article shall not apply to: a.Traffic or other signs erected by a governmental agency,danger signs,railroad crossing signs,signs of public service companies indicating danger or aids to service or safety, legal notices,trespassing signs,and geographic or historical markers erected by a public or quasi -public agency. b.Tablets of bronze,stone or other incombustible material when built into or attached to the wall of a building or structure,which tablets bear only the name of the owner or architect,name or use of the building,the date of erection of the building,or reading matter commemorating a person or event. c.Construction signs announcing the name of the archi- tect,engineer and contractors of the building under construction, alteration or repair and signs announcing the character of the building enterprise or the purpose for which the building is in- tended,provided the signs are placed on fences erected as barr- iers for the work under construction or on the temporary buildings or on the construction canopy or on the building under construc- tion or on the building site provided that not more than one sign is displayed on each street frontage,and provided further that such signs are removed upon completion of the construction,alter- ation or repair. SEC.2203 EXISTING SIGNS:Any sign,billboard or commercial adver- tising structure which lawfully existed and was maintained at the time this Article became effective,may be continued and maintained although such structures do not conform to all the provisions hereof;provided that no structural alterations are made to any such non -conforming signs,billboards,commercial advertising structures and their supporting members and that such structures shall be completely removed whenever said struc- tures are determined by the City Council to constitute a traffic or safety hazard or a public nuisance. SEC.2204 SIGNS PERMITTED IN SR,SH,CR-1 AND CR-2 ZONES: a.One unlighted or indirectly lighted name plate for each dwelling unit,not exceeding three square feet in area,.. indicating the name of the occupant and a permitted occupation. -72 - b.One unlighted or indirectly lighted identification sign not exceeding 20 square feet in area for farms,ranches, churches,guest ranches or other permitted uses other than dwellings. c.Unlighted signs not exceeding a total of 20 square feet in area advertising only the farm products grown or pro- duced on the premises. d.Unlighted real estate signs not exceeding a total of 25 square feet in area. e.Unlighted or indirectly lighted directional signs as regulated in Section 2209,area for a non -conforming business or industrial use. f .Real estate development signs not exceeding three in number,provided that the total sign area shall not exceed one square foot for each foot of frontage of the subdivision or real estate development on which the signs are located and is limited to a total area of 500 square feet;that the signs may be erected and maintained for a period not to exceed 12 successive months; that the owner of the signs shall remove them upon completion of the subdivision or real estate development or upon the expiration of the period of 12 successive months,whichever comes first;and provided further,that the signs shall not be erected within 100 feet from any residence outside the subdivision or real estate development tract on which the signs are to be erected,except that on tracts of 36,000 square feet or less,or on tracts with a frontage of 600 feet or less,one real estate development sign not exceeding 100 square feet in area may be erected within 100 feet from any residence;provided that any sign exceeding three square feet in area shall not be closer than 15 feet to any lot line. SEC.2205 SIGNS PERMITTED IN CR-3,CR-4,AND CR-5 ZONES: a.One unlighted or indirectly lighted name plate for each dwelling unit,not exceeding two square feet in area,in- dicating the name of the occupant and a permitted occupation. b.One unlighted or indirectly lighted sign not exceed- ing 12 square feet in area for multiple dwellings having four or more dwelling units. c.One unlighted or indirectly lighted identification sign not exceeding 20 square feet in 'a -ea for churches or other- permitted uses other than dwellings. -73 - d.Unlighted real estate signs not exceeding a total area of 12 square feet,or one unlighted sign not exceeding 25 square feet in area advertising the sale of four or more lots in any subdivision. e.One unlighted or indirectly lighted directional sign as regulated in Section 2209;and one unlighted or indirectly lighted sign not exceeding 20 square feet in area for a non- conforming business or industrial use. f .Real estate development signs not exceeding three in number,provided that the total sign area shall not exceed one square foot for each foot of frontage of the subdivision or real estate development on which the signs are located and is limited to a total area of 500 square feet;and,provided fur- ther, that the signs may be erected and maintained for a period not to exceed 12 successive months;that the owner of the signs shall remove them upon completion of the subdivision or real estate development or upon the expiration of the period of 12 successive months,whichever comes first;and,provided further, that the signs shall not be erected within 100 feet from any residence outside the subdivision or real estate development tract on which the signs are to be erected,except that on tracts of 36,000 square feet or less,or on tracts with a frontage of 600 feet or less,one real estate development sign not exceeding 100 square feet in area may be erected within 100 feet from any residence,provided that any sign exceeding two square feet in area shall be not closer than 15 feet to any lot line. SEC.2206 SIGNS PERMITTED IN TR AND CB -1 ZONES: a.Signs pertaining only to a use conducted on the pre- mises and not exceeding one-half square foot in area for each lineal foot of lot frontage occupied by the premises,provided that the total area of signs for any one use need not be less than 20 square feet and shall not exceed a total area of 50 square feet on any one street,and provided that not more than two exterior signs for any one use shall be displayed on any one street. b.Real estate signs not exceeding a total area of 25 square feet;and directional signs as regulated in Section 2209. No portion of any sign shall extend within 10 feet of any street lot line or within 10 feet of any interior lot line abutting property in a rural or residential zone other than TR,except that where the wall of the main building is located within 10 feet of a street lot line,such sign may be attached flat against such wall and parallel with its horizontal dimension. -74 - SEC.2207 SIGNS PERMITTED IN GR ZONES: a.Any sign as permitted in Sections 2204 and 2206, above. b.Unlighted signs of any size attached flat to or painted upon the wall or roof of a building. c.Billboards,except within 500 feet of a route de- signated as "scenic"on the adopted Map of Major Thoroughfares and Proposed Routes,Map C (Section 502),provided such bill- board shall have at least three feet of clear space or open lattice -work beneath it,and the sign itself shall not be more than 12 feet in height,not including the supporting structure, and not more than a total of 47 feet in length,shall be spaced not closer than 100 feet to any other billboard,except that two such boards may be erected in a V position,and shall be set within the buildable area and not closer than 20 feet to any residential structure on the same property. SEC.2208 SIGNS PERMITTED IN CB -2,CI -2 ZONES: a.Signs pertaining only to a use conducted on the premises,provided that not more than two exterior signs shall be displayed for any one use on any one street;real estate signs;directional signs as regulated in Section 2209. b.Sky signs,provided that each shall set back not less than three feet from the main outside walls of the build- ing,shall not project higher than 26 feet above the top of the building upon which i t is placed and shall have between i t and the roof a clear space of not less than six feet. c.Billboards,except within 500 feet of a route desig- nated as "scenic"on the adopted Map of Major Thoroughfares and Proposed Routes (Map C,Section 502),provided such billboards shall have at least three feet of clear space or open lattice- work beneath it,and the sign itself shall not be more than 12 feet in height,not including the supporting structure,and not more than a total of 47 feet in length,and shall not be set closer than 10 feet to any street lot line and to any interior lot line abutting property in a rural or residential zone. SEC.2209 DIRECTIONAL SIGNS:A directional sign in any zone shall not exceed three square feet in area for any one use,and all such signs located less than 1,200 feet apart on any one lot or parcel shall be consolidated or grouped into one structure not exceeding a total of 40 square feet in area. -75 - SEC.2210 HEIGHT LIMIT:No sign,billboard or advertising structure shall exceed the building height limit of the zone in which i t is erected. SEC.2211 INTERFERENCE WITH TRAFFIC:No sign shall be erected in such a manner as to interfere in any way with or confuse traffic. SEC.2212 SIGNS ON CORNER LOTS:On any corner lot,no sign shall be erected or maintained within 20 feet of the property corner so as to interfere with traffic visibility across the corner. SEC.2213 SIGNS ON PUBLIC HIGHWAYS:Reserved. SEC.2214 SIGNS PROHIBITED ON PUBLIC RIGHTS -OF -WAY:No sign of any type,except official signs and notices shall be placed on or over any county,state or other public right-of-way. SEC.2215 TEMPORARY SIGNS:Temporary signs shall conform to all the requirements of the zone in which they are located,except that an additional,equal permitted area shall be allowable for temporary signs;temporary signs shall be removed promptly upon the expiration of the time permitted for the use thereof;and i t shall be the duty of both the owner of the signs and the owner of the premises to remove temporary signs as required by this sub -section. -76 - ARTICLE 23 GENERAL PROVISIONS AND EXCEPTIONS: SEC. 2301 RESTRICTIVENESS OF ZONES:The various zones are given the following value, from highest to least restrictive: 1.CR-1 Single Residence Zone 2.CR-2 Single Residence Zone 3.CR-3 Single Residence Zone 4.CR-4 Multiple Residence Zone 5.CR-5 Multiple Residence Zone 6.SR Suburban Ranch Zone 7.SH Suburban Homestead Zone 8.CAR Commercial Agriculture Ranch Zone 9.GR General Rural 10.TH Trailer Homesite 11.TR Transitional 12.CB -1 Local Business 13.CB -2 General Business 14.CI -1 Light Industrial Warehouse Zone 15.CI -2 Heavy Industrial SEC. 2302 ADDITIONAL USE REGULATIONS AND CONDITIONAL USES: The City Planning Commission may, as a conditional use after public hearing, authorize the location of the following buildings, structures, or uses in a district from which they are prohibited by this Ordinance, when found to be in the interest of the public health, safety and general welfare of the community: a.Airport, heliport or landing field. b.Amusement park or outdoor theater. c.Cemetery or mausoleum. d.Circus or carnival grounds. e.Community building or recreation field. f.Hospital, clinic or institution. g.Privately and commercially operated recreational lake, swimming pool or tennis court. h.Public or government buildings. i.Race track. j.Resort hotel. k.Signs. 1.Sport arena. m.Stable. n.Zoo, public or private. - 77 - ARTICLE 23 GENERAL PROVISIONS AND EXCEPTIONS: SEC.2301 RESTRICTIVENESS OF ZONES:The various zones are given the following value,from highest to least restrictive: 1.CR-1 Single Residence Zone 2.CR-2 Single Residence Zone 3.CR-3 Single Residence Zone 4.CR-4 Multiple Residence Zone 5.CR-5 Multiple Residence Zone 6.SR Suburban Ranch Zone 7.SH Suburban Homestead Zone 8.CAR Commercial Agriculture Ranch Zone 9.GR General Rural 10.TH Trailer Homesite 11.TR Transitional 12.CB -1 Local Business 13.CB -2 General Business 14.CI -1 Light Industrial Warehouse Zone 15.C1-2 Heavy Industrial SEC.2302 ADDITIONAL USE REGULATIONS AND CONDITIONAL USES: The City Planning Commission may,as a conditional use after public hearing,authorize the location of the following buildings,structures,or uses in a district from which they are prohibited by this Ordinance,when found to be in the interest of the public health,safety and general welfare of the community: a.Airport,heliport or landing field. b.Amusement park or outdoor theater. c.Cemetery or mausoleum. d.Circus or carnival grounds. e.Community building or recreation field. f .Hospital,clinic or institution. g.Privately and commercially operated recreational lake,swimming pool or tennis court. h.Public or government buildings. i .Race track. j .Resort hotel.-. k.Signs. 1.Sport arena. m.Stable. n.Zoo,public or private. o.Such other uses as the Planning Commission may deem appropriate in the public interest. -77 - Before issuance of any conditional use for any of the above buildings,structures or uses,or before any change of use of the premises existing at the time of the effective date of this Ordinance or as permitted herein provided,is made, preliminary plans in sufficient detail and a statement as to the proposed use of the buildings,structures and premises shall be submitted to the City Planning Commission.These plans and statement shall be referred to the Planning Commis- sion for study and report,and for public hearing.The Com- mission shall review such plans and statement and shall,after a careful study thereof and the effect that such buildings, structures or uses will have upon the surrounding territory, recommend such buildings,structures or uses where requested to be permitted provided the public health,safety,morals and general welfare will not be adversely affected,that ample off-street parking will be provided and that necessary safe- guards will be provided for the protection of surrounding persons and neighborhood values. Any buildings,structures or uses listed in paragraph 1 of this section,existing at the effective date of this Ordinance,shall be considered a non -conforming use,unless i t has qualified as provided above,and has secured a special use permit,or has secured a use permit from the Board of Adjustment. When found to be in the interest of the public health, safety,morals and general welfare,the Board of Adjustment is hereby authorized to approve any and all additions or struc- tural alterations to special uses after they have qualified and have been approved by the City Planning Commission. SEC.2303 PUBLIC UTILITIES PERMITTED:Nothing in this Ordinance shall prevent the location,erection,alteration or maintenance of pipes,poles,wires,and similar installations necessary to distribute public utilities.In addition to other provisions of this Ordinance,the following shall be permitted in any zone and shall not be subject to the minimum lot -area requirements. a.Water pumping and storage facilities operated as part of a system serving two or more properties as public, private or community utility,subject to the requirements for detached accessory buildings in the zone which located and provided a wall or hedge is used in conjunction with such facil- ities,its center shall be located a distance from any lot line equal to not less than one-half its height. -78 - b.Telephone,telegraph or power substation shall be in keeping with the character of the zone in which located. A substation not enclosed within a building shall be subject to the minimum front and side yards of the zone in which located and to appropriate screen planting along any street frontage,which planting and any necessary fencing shall be set at a distance not closer to a street lot line than the minimum front and side yards of the zone. SEC.2304 CLAY,SAND OR GRAVEL PITS,ROCK OR STONE QUARRIES,GAS OR PETROLEUM DRILLING PERMITTED:Clay,sand or gravel pits, rock or stone quarries and drilling for petroleum or natural gas may be permitted in any zone,provided that said use is designed and located so as not to create any unusual hazard or nuisance in the immediate neighborhood of the proposed site of said use,and the Zoning Administrator is hereby authorized to issue a permit for said uses under the conditions set forth in Sub -section 1801-e. SEC.2305 PARKING LOTS IN RESIDENCE ZONES:Land in a residence zone contiguous to a business or industrial zone and not ex- ceeding 30,000 square feet in area,may be used for automobile parking space;provided the conditions of Section 2103 are complied with,that a front yard of 20 feet be provided,planted and maintained in keeping with the residential neighborhood, that side and rear yards of 10 feet each be provided and that no entrance be provided from an alley at the rear of said park- ing lot. SEC.2306 PLANS FOR NON -CONFORMING USE:Any owner of land zoned under this Ordinance who shall file in writing with the Plan- ning and Zoning Commission within 180 days after the effective date of this Ordinance a plan of development for such land including uses not permitted by the zoning,shall be issued a special non -conforming hardship use permit by the Board of Adjustment for said proposed development,or any part thereof, at any time within two years from the effective date of this Ordinance;and if any temporary governmental regulations pro- hibiting the proposed development is in full force and effect during said two year period,the time limit shall be extended for an additional period, equal to the time said governmental regulations are in effect,but no such permit shall be issued more than five years after the effective date of this Ordinance. Said plan of development of the land and the location of pro- posed buildings and improvements in sufficient detail to deter- mine the conformity or non -conformity of the proposed uses. Any use proposed in any such plan of 'development shall conform. to the minimum standards of the most restrictive zone in which said use would be a conforming use under this Ordinance. -79 - SEC.2307 HEIGHT LIMIT EXCEPTIONS:The height limits of this Ordinance shall not apply to: a.Barns,chimneys,conveyors,cupolas,derricks, domes,flag poles,observation towers,parapet walls extending not more than four feet above the height limit of the building, radio or television towers,masts and aerials,silos,smoke- stacks,transmission towers,windmills and power transmission poles. b.Churches,hospitals,sanatoriums,schools or other public and semi-public buildings.Any such building may be erected to a height not exceeding 40 feet,provided the minimum side and rear yards are increased by an additional foot,in width or depth for each foot by which the height of such buildings ex- ceeds the maximum height permitted in the zone in which such building is to be located. c.Bulkheads,elevators,pent houses,monitors,scenery loft and water tanks;provided that such structures above the height limits specified for the zone shall not in the aggregate occupy more than 25%of the area of the lot and provided that no linear dimensions of any such structure shall be greater than one-half of the length of the corresponding street lot line if the structure be within 25 feet of such street lot line. d.Monuments or towers,including fire or hose towers, cooling towers,gas holders,grain elevators,sugar refineries or other structures where the manufacturing process requires a great height;provided that such structures above the height limit specified for the zone shall not in the aggregate occupy more than 25%of the area of the lot,shall be distant not less than 25 feet from every lot line not a street lot line and not less than one foot from the opposite side of each abutting street for each foot of the vertical height. SEC.2308 SPLITTING OF LOTS:No lot or parcel of land held under one ownership shall be reduced in size below the minimum lot area or lot width required by this Ordinance,and no building or use permit shall be issued for such deficient lot or parcel or portion thereof;except that on one street frontage of any one block of a subdivision,where lots having less than the minimum lot area or lot width,existed prior to the effective date of this Ordinance and existing unimproved lots are iso- lated from other unimproved lots so that minimum -size building sites cannot reasonably be made,the existing unimproved lots may be used if split in accordance with the pattern previously established for the block,provided that any new lot or build- ing site so formed has not less than 80% of the minimum lot area and lot width required in the zone. -80 - SEC.2308-a LOT SPLITTING FOR TOWNHOUSES:In zones designated CR-4, CR-5,TR and CB -1,single dwellings constructed as part of a series of dwellings,all of which are either attached to the adjacent dwelling or dwellings by party walls,or are located immediately adjacent thereto with no visible separation between walls or roofs,may be individually owned if so indicated upon the plat setting forth the area of individual ownership.Where common areas,private roads,or common open space are provided it shall be a requirement that a mandatory home -owner's associ- ation,as provided in Section 2328,be established so long as the property use remains.The lots so created shall be subject to all Apache Junction subdivision regulations.The density requirement under this section shall be no more than one dwell- ing unit per 2,800 square feet or the density requirement of the zone in which the lots are created shall apply,whichever is more restrictive. SEC.2309 EXCEPTIONS FOR LOTS OF RECORD:The following shall apply to any lot shown upon an official subdivision map duly approved and recorded prior to the effective date of this Ordinance,or any lot for which a bona fide deed is of record in the office of the County Recorder of Pinal County or for which a valid, bona fide contract of sale is in full force and effect at the time this Ordinance becomes effective and said map,deed or contract of sale is of record on said date,and to any lot split in accordance with the exception of Section 2308. a.Any such lot may be used as a building site,provided the yard and other requirements of this Ordinance are complied with,or provided further,that if private subdivision restric- tions or regulations were of record and unexpired on the effec- tive date of this Ordinance establishing less restrictive yard and area requirements for said lot,and at least one lot in said subdivision was improved in compliance with said private restric- tions prior to said effective date,and that said private re- strictions as to yard and area requirements or modifications thereof have been approved by the Board of Adjustment under Section 2403-d of this Ordinance as being in harmony with the purposes of said section,the Zoning Administrator may issue a permit under said private restrictions as to yard and area re- quirements for any use permitted by this Ordinance for said lot, but no permit shall be issued for more than one dwelling unit on any lot having less than the minimum area per dwelling unit of the zone in which said -1ot is located. b.Each minimum side yard may be reduced by two inches for each one foot by which such lot is narrower than 55 feet; provided that no minimum side yard shall be narrower than five feet. -81 - c.The minimum rear yard may be reduced three inches for each one foot by which such lot is less than 125 feet in depth,provided that no minimum rear yard shall be less than 20 feet. SEC.2310 REAR DWELLING REQUIREMENTS:In addition to other re- quirements of this Ordinance,the following shall apply to any dwelling in the rear of a principal building: a.There shall be provided an unoccupied and unob- structed access way to a street,which access way shall have a width of at least 15 feet for one dwelling unit and at least 20 feet for two or more dwelling units. b.For the purpose of determining the front yard for a rear dwelling in any CR-1,CR-2,or CR-3 zone,the rear line of the rear yard required for the building in the front shall be considered the front lot line for the building in the rear. SEC.2311 STRUCTURES IN FRONT YARDS ON CORNER LOTS:On any corner lot,no fence,structure,sign or planting shall be erected or maintained within 20 feet of the property corner so as to inter- fere with traffic visibility across the corner. SEC.2312 FRONT YARD EXCEPTIONS FOR EXISTING ALIGNMENT: a.In any rural or residential zone where a lot adjoins lots having existing front yards less than the minimum required by this Ordinance,the minimum front yard on said lot shall be the average of the existing front yards on the two adjoining lots,or if only one of the lots is built upon,such front yard of the adjoining lot and the minimum front yard of the zone; provided no such front yard shall be less than 10 feet. b.In any CB -1 or CB -2 zone where one or more buildings used for commercial or industrial purposes and located on inter- ior lots have the minimum front yard required on all other lots within the same block front and not more than 500 feet from said existing building,need not be greater than the least front yard existing. • c.In any zone,any property fronting,or abutting,on a turn -around at the end of a cul-de-sac,or a similar increased radii of the street property line at the angle in a street,the minimum front yard required shall be one-half of the front yard required in the particular zone. -82 - SEC.2313 EXCEPTIONS FOR WALLS AND FENCES:The yard requirements of the Ordinance shall not apply to walls or fences less than four feet,six inches in height when located in front yards,or less than six feet in height when located in side or rear yards. SEC.2314 PROJECTIONS INTO YARDS:Unenclosed porches and stair- ways,unroofed and unenclosed above or below floor or steps, may project not more than three feet into any minimum side or rear yard.Unroofed swimming pools and open terraces not over three feet high above the average natural grade and distant at least five feet from every lot line,may project into any mini- mum side or rear yard.In any business or industrial zone,a marquee,canopy or awning,suspended or cantilevered from a building,either for the purpose of,or giving the appearance of shelter or shade, may project not more than 10 feet into any minimum front yard. SEC.2315 REAR YARD ADJOINING ALLEY:A minimum rear yard may be measured to the center line of an alley,adjoining such rear yard,provided that the required rear yard shall not be reduced more than 10 feet. SEC.2316 REAR YARD EXCEPTION ON CORNER LOT:On any corner lot in a CR-3,CR-4,CR-5,TR or CB -1 zone,the minimum rear yard may be reduced to not less than 10 feet from the rear property line,provided the minimum side yard on the side street is in- creased by 10 feet and the off-street parking provisions of this Ordinance are complied with. SEC.2317 ACCESSORY BUILDING ATTACHED TO MAIN BUILDING:An acces- sory building attached to the main building shall have at least 50%of the length of one of its walls integrated with the main building and such accessory building shall comply in all respects with the requirements for the main building. SEC.2318 DETACHED ACCESSORY BUILDING ON CORNER LOT:On any corner lot an accessory building shall be not closer to the street lot line than the width of the side yard required for the main build- ing on that lot;provided further that where the rear of a corner lot adjoins a key lot,no part of an accessory building within 10 feet of the rear lot line,shall be nearer the street side lot line than the depth of the front yard required on the key lot SEC.2319 EXCEPTION FOR DETACHED ACCESSORY BUILDING:A private garage or other accessory building may be built on or across a common lot line by mutual agreement between the adjoining prop— erty owners. -83 - SEC.2320 EXCEPTION FOR SLOPE:Parking spaces or detached garages may be occupied or built to within five feet of the street line on any lot where the slope of the front half of the lot is greater than one -foot rise or fall in a seven -foot run from the established street elevation at the property line or where the elevation of the front half of the lot is more than four feet above or below the established street elevation at the property line. SEC.2321 MAINTENANCE OF STOCK -TIGHT FENCES:All livestock and poultry kept in any SR,SH,or any residential,business or in- dustrial zone shall be kept confined by fences or other restraints of sufficient strength and durability to prevent such livestock and poultry from roaming at large. SEC.2322 OPERATIVE BUILDER'S YARD PROVISIONS:A licensed residen- tial building contractor may apply for a temporary and revocable permit for a builder's yard,warehouse,or real estate office,in any subdivision of record in any residential zone in which the applicant owns or controls 10 or more commercial acres,provided the use is used exclusively to service a residential building pro- ject in the subdivision of that land.The permit shall be for a period of 12 months,but the permit may be extended or renewed for an additional period of 12 months,if 50% or more of the pro- ject area has been completely developed during the original permit period.At the expiration of the permit period or any extension thereof,the builder's yard,warehouse,or real estate office shall be removed from the premises where located within 60 days from the date of expiration. SEC.2323 REDUCTION OF LOT -SIZE REQUIREMENTS IN THE CR-1 ZONE:Mini- mum lot size requirements for lots in a subdivision may be approved by the City Council in CR-1 zones for reduction from 20,000 to 12,000 square feet,where the following conditions exist and the Commission finds and certifies them to the City Council. a.That in total there are no more individual one -family lots than one per gross acre of the area of the subdivision zone CR-1. b.That the subdivision and all park,recreation and drainage area conform to the adopted City plan including area and neighborhood plans as supplemented and amended. c.That full and adequate provision is made for surface drainage,including dedication of rights -of -way for existing and natural water courses. -84 - d.That an area is dedicated or otherwise permanently reserved for park,or recreation purposes,whether by dedication to the public or by conveyance of an undivided interest to each lot owner within the subdivision or by appropriate deed restric- tions or by other governmental acquisition processes;that the total extent of said park or recreation area is no less than the sum total of the number of square feet by which the area of each lot in the subdivision is less than 12,000 square feet;that in no event is the size of any single park or recreation area any less than four acres;and that said park and recreation area, whether dedicated to the public or not,are reasonably available to all lot owners within the subdivision. SEC.2324 REDUCTION OF LOT -SIZE REQUIREMENTS IN THE CR-2 ZONE: Minimum lot -size requirements for lots in a subdivision may be approved by the City Council in CR-2 zones for reduction from 12,300 to 8,000 square feet,where the following conditions exist and the Commission finds and certifies them to the City Council. a.That in total there are no more individual one -family lots other than twp lots per gross acre of the area of the sub- division zoned CR-2. b.That the subdivision and all park and recreation areas conform to the City Plan,when such plan is adopted,including area and neighborhood plans,as supplemented and amended. c.That full and adequate provision is made for surface drainage,including dedication of rights -of -way for existing and natural water courses. d.That an area is dedicated or otherwise permanently reserved for park or recreation purposes,either by dedication to the public or by conveyance of an undivided interest to each lot owner within the subdivision or by appropriate deed restric- tions or by other governmental acquisition processes;that the total extent of said park or recreation areas is no less than the sum total of the number of square feet by which the area of each lot in the subdivision is less than 12,000 square feet,that in no event is the size of any single park or recreation area any less than four acres;and that said park and recreation areas, whether dedicated to the public or not,are reasonably available to all lot owners within the subdivision. -85 - SEC.2325 REDUCTION OF LOT -SIZE REQUIREMENTS IN THE CR-3 ZONE: Minimum lot size requirements for lots in a subdivision may be approved by the City Council in CR-3 zones for reduction from 7,000 to 5,000 square feet,where the following conditions exist and the Commission finds and certifies them to the City Council. a.That in total there are no more individual one -family lots than 3.4 lots per gross acre of the area of the subdivision zoned CR-3. b.That the subdivision and all park and recreation areas conform to the City Plan,when such plan is adopted, including area and neighborhood plans,as supplemented and amended. c.That full and adequate provision is made for surface drainage,including dedication of rights -of -way for existing and natural water courses. d.That an area is dedicated or otherwise perman- ently reserved for park or recreation purposes,either by dedication to the public or by conveyance of an undivided interest to each lot owner within the subdivision or by appropriate deed restrictions or by other governmental acquisition processes;that the total extent of said park or recreation areas is not less than the sum total of the number of square feet by which the area of each lot in the subdivision is less than 7,000 square feet,that in no event is the size of any single park or recreation area any less than four acres;and that said park and recreation areas,whether dedicated to the public or not,are reasonably available to all lot owners within the subdivision. SEC.2326 APPROVED PLAT RECORDATION REQUIRED FOR LOT -SIZE REDUCTION:No approval of a minimum lot -size reduction under Section 2323,2324 or 2325 shall be effective until . a subdivision plat complying with the Commission's findings and certification under Sections 2323,2324 or 2325 and approved by the Commission and City Council is recorded in the office of the County Recorder of Pinal County,Arizona. -85a - SEC. 2327 INDIVIDUAL LOT -SIZE REDUCTIONS:Sections 2323, 2324, and 2325 shall not affect the powers of the Board of Adjust- ment under Section 2403-d to allow reduction of individual lot sizes on the basis provided in Section 2403-d. SEC. 2328 HOME ASSOCIATION:As part of the presentation of any proposed Planned Residential Development, the developer shall submit a set of covenants running with the land providing for an automatic membership homes association to be incorporated, nonprofit organization, operating under recorded land agree- ments through which each lot owner in a described land area is automatically a member and each lot is automatically subject to a charge for its proportionate share of expenses maintaining the common property or other activities of the organization. This corporation charter shall be renewed in accordance with state law so long as the property use remains.It shall also provide that non-payment of charges, dues or assessments shall become a lien on the property through which the homes associa- tion may take appropriate legal action to enforce any violations. The covenants shall also state the duties, obligations, and lia- bilities, by description of the association and its individual members, and shall set forth the manner of elections and state the voting rights of the individual members of the homeowner's association.It shall also state the length of time the cove- nants will remain in existence and provide for a method of re- newal. a.Approval shall be given for reasonably self-contained elements of the planned development.Development of the open area within the recorded portion shall be completed prior to the sale of any lot, site, unit, or dwelling, or in lieu thereof, a bond shall be posted for the completion of said open space area prior to the sale of any lot, site, unit, or dwelling. b.The open space shall constitute no less than an equi- valent proportional amount to the area being developed. c.Nothing in this Ordinance shall be construed as the responsibility of the City, either for maintenance or liability of the following, which shall include but not be limited to: Any private open areas, parks, recreational facilities, and streets, and a holdharmless clause shall be incorporated to this effect in the covenants running with the land. - 86 - SEC.2329 SWIMMING POOLS: a.In the CR-1,CR-2,and CR-3 zones,a private swim- ming pool shall be permitted provided such pool is located in the rear yard or buildable area behind the main building on the lot or parcel,not closer than seven feet (7')to any property line.Pools adjacent to alleys shall be located no closer than four feet (4')from said alley line.All swimming pools in CR-1, CR-2 and CR-3 zones shall be enclosed by a fence or permanent structure not more than six feet (6')nor less than five feet (5')in height measured on the side of the fence exterior to the subject property.Access to the enclosed area shall be through buildings,or gates that have self -enclosing and self -latching devices. b.In districts other than the CR-1,CR-2 and CR-3 zones, a private or semi -private swimming pool shall be permitted pro- vided said pool is located within the rear yard or buildable area. Such pools shall not be located within seven feet (7') of any property line;except that pools adjacent to an alley shall be located no closer than four feet (4')from said alley line. Swimming pools located in other than the CR-1,CR-2 and CR-3 zones shall be enclosed by a fence no less than four feet (4')in height with gates of a self -closing,self -latching type. c.On a corner lot in any residence or CR-1 zone the rear of which abuts the side of a residential lot,a swimming pool shall not be constructed within twelve feet (12')of the side property line on the street side.In addition,all pool accessories and equipment must be located in the fenced rear yard area at least ten feet (10')from the side property line on the street side. d.No public swimming pool shall be located closer than twenty-five feet (25')to any lot line of the lot on which i t is situated. e.All fish ponds,and other contained bodies of water, either above or below ground level,with the container being eighteen (18)or more inches in depth and/or wider than eight feet (8')at any point,measured on the long axis,located in any above residence district,shall conform to the location and fencing requirements for swimming pools. -87 - ARTICLE 24 BOARD OF ADJUSTMENT AND APPEALS:The Board of Adjustment as hereinafter established,may permit variances in the application of certain provisions of this Ordinance where practical diffi- culties or unnecessary hardship would result from a strict ap- plication of regulations. SEC.2401 CREATION AND APPOINTMENT:There is hereby created,as provided by law,a Board of Adjustment for the City of Apache Junction,Arizona.The Board of Adjustment shall be composed of seven (7)members,each of whom shall be a resident of the City.The members of the Board shall be appointed for terms of three (3)years each,unless sooner removed by the City Council,either with or without cause,except that initially, two (2)members shall be appointed for a term of one (1)year each,commencing July 1,1979,three (3)members shall be appointed for a term of two (2)years each,commencing July 1, 1979,and two (2)members shall be appointed for a term of three (3)years each,commencing July 1,1979.Thereafter, members shall be appointed for terms of three (3)years. SEC.2402 PROCEDURE:The Board of Adjustment shall meet regularly at least once a month and more often,i f necessary,for the trans- action of business.All meetings shall be open to the public. It shall elect its own officers,establish its own rules,keep a record of its actions and render a monthly report to the City Council and the Planning and Zoning Commission.The Chairman, or in his absence the acting Chairman,may administer oaths and compel the attendance of witnesses in accordance with the laws of the State of Arizona.Any finding,ruling,or decision of said Board relating to the administration of the Zoning Ordi- nance shall be an order at either a regular or special meeting of said Board and shall be fully reported in the minutes of the Board. SEC.2403 POWERS:The authority of the Board of Adjustment shall extend only to the interpretation of the Zoning Ordinance,to the granting of variances and to the adjustment of regulations to overcome practical difficulties and prevent unnecessary hardship in the application of regulations contained herein. The Board of Adjustment shall have the power to: a.Interpret the Zoning Ordinance when the meaning of any word or phrase of a section is in doubt,when there is dis- pute as to such meaning between the appellant and the enforcing officer,or when the location of a zone boundary is in doubt. -88 - b.Allow the extension of a zone where the boundary line thereof divdes a lot in one ownership at the time of enactment of this Ordinance. c.Hear and decide appeals where i t is alleged by the appellant that there is error in any order,requirement,decision, grant or refusal made by the Zoning Administrator in the enforce- ment of the provisions of this Ordinance.Appeals must be taken within thirty (30)days of said decision. d.Allow a reduction of building site area and yard re- quirements where,in its judgment,the shape of the building site, topography,the location of existing buildings or other conditions make a strict compliance with said regulations impossible without practical difficulty or hardship;but,in no case,except as here- inafter provided,shall these regulations be reduced in such manner as to violate the intention and purpose of this Ordinance. e.Authorize a variance of area requirements for portions of a new subdivision presented to the Planning and Zoning Commission for its approval after the effective date of this Ordinance where, because of special problems of terrain and topography,i t is eco- nomically unfeasible and physically impractical to enforce the min- imum area requirements of the zone as applied to said subdivision, provided the total substandard areas do not exceed 50%of the area of said subdivision. f .Allow the construction of commercial buildings with side- walks,arcades or similar architectural features where such construction requires a variance of front yard regulations and is in conformity with a general architectural plan applicable to the entire frontage of a block or where such construction would permit the widening of the adjacent street or thoroughfare. g.Permit in any zone such modification of the requirements of this Ordinance as said Board may deem necessary to secure an appropriate development of a building site,where adjacent to such site there are buildings or uses that do not conform to regulations prescribed by this Ordinance for the zone in which these buildings or uses are located. h.Authorize the temporary use of a building or premises in any zone for a purpose or use that does not conform to the regulations of this Ordinance,provided that such use be of a true temporary nature and does not involve the erection of substantial buildings.Such permit shall be in the form of a temporary and revocable permit for not more than a nine (9)month period, -89- subject to such conditions as will safeguard the'public health, safety,convenience and general welfare.This section does not apply to the use of a house trailer in any residence zone where the use of such trailers for permanent residential purposes is prohibited. i .Order the issuance of a non -conforming hardship use permit on the basis of plans filed with the Planning and Zoning Commission within 180 days after the enactment of this Ordinance, as provided in Section 2306;said permit may be issued at any time within two years from the effective date of this Ordinance, and if any temporary government regulations prohibiting the pro- posed development is in full force and effect during said two- year period,the time limit shall be extended for an additional period equal to the time said governmental regulation is in effect,but no such permit shall be issued more than five (5) years after the effective date of this Ordinance. j .Authorize a certificate of non -conforming use for an additional period of not more than 12 months from the expiration of the original certificate,as provided in Section 306,for a building which was vacant on the effective date of this Ordinance and designed for a business use not in conformity with the zoning classification in which it was located on said date,upon the showing of extreme hardship and the surrounding area would not be subject to additional damage thereby. k.Authorize a reduction of the off-street parking and loading requirements of Article 21,i f i t should find that in the particular case the peculiar nature of the building or prem- ises,or the exception,situation or condition,would mitigate the need for the parking spaces specified. 1.Authorize variances from the strict application of the provisions of this Ordinance in cases in which the strict application of such provisions would result in the serious im- pairment of substantial property rights,provided the long-term interests of the community are given full consideration.The applicant at the hearing shall present a statement and adequate evidence in such form as. the Board shall require. 1.That there are special circumstances or condi- tions attached to the property upon which the proposed building ) structure,or other improvement is sought to be erected or placed,which circumstances or conditions do not apply generally to other land or buildings subsequent to the adoption of this Ordinance. -90 - 2.That the granting of the application is nec- essary for the preservation and enjoyment of substantial prop- erty rights. The Board when granting such a variance shall set forth in writing the conditions imposed upon the issuance of the permit,in order to cause the minimum possible inter- ference with the general purposes and intent of this Ordinance. 3.Interpreting and applying the provisions of this Ordinance shall be held to the minimum requirements adopted for the promotion of public safety,health,convenience,comfort, prosperity,and general welfare.I t is not intended by this Ordinance to repeal,abrogate,annul or in any way to impair or interfere with any existing provision of law or ordinance,pre- viously adopted pursuant to the laws relating to the use of buildings or premises or relating to the erection,construction, establishment,alteration,or enlargement of any buildings or improvements,•except to the extent any existing provisions con- flict with or are inconsistent with the valid provisions of this Ordinance and to that extent and no more the same are hereby repealed.I t is not intended by this Ordinance to interfere with or abrogate or annul any easement,covenant,or other agree- ment between private parties,but where the zoning provisions of this Ordinance are more restrictive than any existing private restrictive covenant affecting any portion of the incorporated area of the City,said zoning provisions shall prevail over said private covenant. -91 - OW. ) ARTICLE 25 PROCEDURE FOR VARIANCES: SEC.2501 APPLICATION:Application for any permissible variance of regulations,as provided herein,shall be made by the owner or his representative to the Board of Adjustment,in the form of a written application for a permit.Said application shall be made on forms provided by the Board of Adjustment,shall be filed with the Zoning Administrator or his deputy,and shall be accompanied by: •a.Accurate plot plans and descriptions of the property involved and the proposed use with preliminary floor plans and elevations of all proposed buildings. b.Evidence satisfactory to the Board of Adjustment,of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six months after issuance of permit. c.A list showing the names and addresses of all persons, firms or corporations appearing of public record as owning prop- erty within the area proposed to be affected and within 300 feet of any part of the property for which a variance is requested. The list must include the names of all persons purchasing land under recorded contracts of sale,and must be certified as to completeness by the applicant or some person otherwise qualified by knowledge of the public records.The Zoning Administrator shall satisfy himself of the completeness of the list before accepting i t for filing. SEC.2502 FILING FEE FOR APPEAL TO THE BOARD OF ADJUSTMENT:A fee of $65.00 shall be charged for each appeal to the Board of Adjust- ment,payable to the Office of the City Clerk at the time of filing the application,and shall not be refundable. SEC.2503 PUBLIC HEARINGS:Upon receipt of the application,in proper form,the Board of Adjustment shall proceed to hold a public hearing on the application at which all persons whose property is affected,and the general public,shall be given an opportunity to be heard.Notice of time and place of the hearing,including a general explanation of the matter to be considered and in- cluding a general description of the area,shall be given at least fifteen (15)days before the hearing in the following manner: Publication of the notice at least once in a newspaper of general . circulation in the City of Apache Junction;posting the notice in conspicuous places close to the property affected;and by depositing in the United States mail notices thereof addressed to the last owners as shown on the list submitted by the applicant under the provisions of Section 2501(c)of this Ordinance. 12 / 8 1 / C P a P u a t u l l gg 'o N a o u p u p a o -92 - ARTICLE 25 PROCEDURE FOR VARIANCES: SEC.2501 APPLICATION:Application for any permissible variance of regulations,as provided herein,shall be made by the owner or his representative to the Board of Adjustment,in the form of a written application for a permit.Said application shall be made on forms provided by the Board of Adjustment,shall be filed with the Zoning Administrator or his deputy,and shall be accompanied by: a.Accurate plot plans and descriptions of the property involved and the proposed use with preliminary floor plans and elevations of all proposed buildings. b.Evidence satisfactory to the Board of Adjustment,of the ability and intention of the applicant to proceed with ac- tual construction work in accordance with said plans within six months after issuance of permit. c.A list showing the names and addresses of all persons, firms or corporations appearing of public record as owning prop- erty within the area proposed to be affected and within 300 feet of any part of the property for which a variance is requested. The list must include the names of all persons purchasing land under recorded contracts of sale,and must be certified as to completeness by the applicant or some person otherwise qualified by knowledge of the public records.The Zoning Administrator shall satisfy himself of the completeness of the list before accepting i t for filing. SEC.2502 FILING FEE FOR APPEAL TO THE BOARD Of.ADJUSTMENT:A fee of $65.00 shall be charged for each appeal to .the Board of Ad- justment,payable to the Office of the City Clerk at the time of filing the application,and shall not be refundable. SEC.2503 PUBLIC HEARING:Upon receipt,in proper form,of the application,the Board of Adjustment shall proceed to hold a public hearing upon the application not more than 30 'days nor less than 15 days after filing,at which all persons Whose property is directly affected and the general public shall be given an opportunity to be heard.Notice of the application and hearing shall be given not less than seven (7)days prior to the hearing by publication of the notice at least once in, the newspaper of general circulation in the area involved,and by depositing in the United States Mail notices thereof ad-. dressed to the last known owners as shown on the list submitted. by the applicant under the provisions of Section 2501-c of this Ordinance. -92 - SEC.2504 EVIDENCE REQUIRED FOR VARIANCE:At the public hearing on a variance application,the applicant shall present a state- ment and adequate evidence in such form as the Board of Adjust- ment may require for the purpose of showing: a.There are special circumstances or conditions appli- cable to the property referred to in the application which do not prevail on other property in that zone. b.That the strict application of the regulations would work an unnecessary hardship and that the granting of the appli- cation is necessary for the preservation and enjoyment of sub- stantial existing property rights. c.That the granting of such application will not materially affect the health or safety of persons residing or working in the neighborhood and will not be materially detri- mental to the public welfare or injurious to property or im- provements in •the neighborhood. SEC.2505 BOARD OF ADJUSTMENT ACTION:In the event the Board of Adjustment finds that substantial conformity to standards pre- viously established in the zone may be secured and that detri- ment or injury to the neighborhood will not result from the granting of a variance as applied for,it may approve or con- ditionally approve the issuance of said permit and transmit notice of its action to the Zoning Administrator.A report of its findings and recommendations and any conditions imposed or required shall also be submitted promptly to the Planning and Zoning Commission and the City Council. SEC.2506 DISAPPROVED APPLICATION:In the event the Board of Adjustment disapproves an application for variance,no permit shall be issued pending further action thereon by an appeal to the Superior Court within 30 days from the date said disapproval is officially entered on the minutes of the Board.If said Court shall overrule the action of the Board,then the Zoning Administrator shall issue the requested permit without further action by the Board,unless the Court orders the Board to hold further hearings to permit the Board to fix conditions or re- quire guarantees,as set .forth in Sections 2507 and 2508. SEC.2507 CONDITIONAL APPROVAL:In approving any variance,the Board of Adjustment may designate such conditions in connection therewith as will,in its opinion,secure substantially the objectives of the regulation or provision to which such variance is granted,to provide adequately for. the maintenance of the . integrity and character of the zone in which such permit is granted,and shall provide the Zoning Administrator with a copy of the same. -93 - SEC.2508 GUARANTEES:Where necessary,the Board of Adjustment may require guarantees,in such form as it may deem proper under circumstances,to insure that the conditions designated in con- nection therewith are being or will be complied with.Where any condition under which a variance has been granted is violated, the variance shall cease to exist and the permit shall become null and void. -94 - ARTICLE 26 INTERPRETATION,PURPOSES AND CONFLICT: SEC.2601 Interpreting and applying the provisions of this Ordi- nance,they shall be held to be the minimum requirements adopted for the promotion of public safety,health,convenience,comfort, prosperity and general welfare.I t is not intended by this Ordi- nance to repeal,abrogate,annul,or in any way to impair or inter- fere with any existing provisions of law or ordinance previously adopted pursuant to the laws relating to the use of building or premises,or relating to the erection,construction,establish- ment,alteration or enlargement of any building or improvements, except to the extent any existing provisions conflict with or are inconsistent with the valid provisions of this Ordinance,and to that extent and no more,the same are hereby repealed.I t is not intended by this Ordinance to interfere with or abrogate or annul any easement,covenant or other agreement between private parties,but where the zoning provisions of this Ordinance are more restrictive than any existing private restrictive covenant affecting any portion of the incorporated area of the City,said zoning provisions shall prevail over said private covenant. -95 - ARTICLE 27 ENFORCEMENT: SEC.2701 ZONING ADMINISTRATOR: Repealed by reference to Ordinance No.12. SEC.2702 RESPONSIBILITY FOR PERMITS:I t shall be the duty of the City Zoning Administrator and all departments,officials and public employees vested with the duty or authority to issue permits or licenses,to enforce the provisions of this Ordinance and issue no such license or permit for uses,buildings,or pur- poses where the same would be in conflict with the provisions of this Ordinance and any such license or permit issued in conflict with the provisions of this Ordinance,shall be null and void. SEC.2703 USE PERMIT REQUIRED:From and after the effective date of this Ordinance,i t shall be unlawful to erect,construct, reconstruct,alter or change the use of any building or struc- ture within any portion of the incorporated area of Apache Junction covered by this Ordinance without first obtaining a building or use permit from the Zoning Administrator. SEC.2704 APPLICATION FOR PERMIT: a.The applicant for a permit shall provide the Zoning Administrator with sufficient information regarding the proposed construction or use for the interpretation and enforcement of the provisions of this Ordinance and for the guidance and assis- tance of the City Engineer,the County Health Department,the County Assessor,and any other public agency in the discharge of their regularly described duties.Required information shall include the following:(1)the legal description of the property -96- upon which the improvement is to be made,(2)the street address of the property,(3)the nature of the use to which the improve- ment is to be put,(4)the type of building to be erected,(5) the dimensions of the building site and of the improvement,(6) the distance that improvement is to be from all lot lines of the building site,(7)the elevation of said improvement showing the height thereof,the location of water and sewer lines serving said improvement,(8)if said improvement is not connected with a public sewer,then the location of the private disposal system which will serve said improvement,the location of existing uses and buildings,and (9)such other information as the Zoning Ad- ministrator may require for the purpose of determining whether said permit may be issued under the terms of this Ordinance. b.Except for applicants exempt from the provisions of Arizona Revised Statutes,Title 32,Chapter 10,each applicant for a permit shall file a signed statement that the applicant is currently licensed under the provisions of Title 32,Chapter 10 and shall provide his license number.If the applicant is exempt,the statement shall contain the basis of the asserted exemption and the name and license number of any general,mechan- ical,electrical and plumbing contractor who will be employed on the work. SEC.2705 FEES:Repealed June 20,1980. SEC.2706 TIME LIMIT:The use of the permit shall be valid for a period of nine months from the date of its issuance and shall otherwise expire i f unused.Any appeal from the granting of the permit shall suspend the running of the time limit herein during the period of appeal. SEC.2707 POSTING OF PLACARD:With each permit issued,the Zoning Administrator shall provide the permittee with a placard to be erected in a prominent position on the premises where the permit is to be used,which placard shall be of a distinctive color, easily identifiable and which shall state the date issued and the work authorized by said permit.Such placard must be dis- played during construction,repair or alteration. SEC.2708 NOTICE TO ASSESSOR:Sufficient copies of the permit containing the necessary information as outlined herein shall be made so that one copy may and shall be transmitted immedi- ately by the Zoning Administrator to the County Assessor. SEC.2709 VALIDITY OF PERMIT: a.The issuance or granting of a building or use permit or approval of plans or specifications under the authority of -97 - this Ordinance shall not be deemed or construed to be a permit for,or an approval of any violation of any of the provisions of this Ordinance or the amendments thereto,or of any other ordinance or law.No permit presuming to give authority to violate or cancel any of the provisions of this Ordinance or any existing law shall be issued,and i f issued shall not be valid,except insofar as the work or use which i t authorizes is lawful and permitted. b.Pinal County Building or Use Permit,legally issued not more than sixty (60)days prior to the effective date of this Ordinance shall be honored by the Building Official within nine (9)months after the effective date of this Ordinance. The Building Official shall recommend that a City Building Permit be issued when construction details conform to codes and construction ordinances which become effective July 1,1979 and pertinent County Zoning Regulations in effect at the time of the County permit was issued.The amount of the fee paid for the County permit shall apply to the City permit and the balance must be paid before a City permit is issued. c.Buildings legally under construction with a Build- ing or Use Permit,issued by the Pinal County Planning and Zoning Commission prior to the effective date of this Ordinance, and the exterior walls of which have been completed to the plate line or beyond,shall not be required to secure a City Building Permit but the City shall require that buildings shall be struc- turally safe and conform to pertinent County Zoning Regulations in effect at the time the County permit was issued. d.Buildings legally under construction on the effec- tive date of this Ordinance which are completed to a lesser degree than above,but where construction has taken place to the extent of at least $1,000.00 in replaceable value shall be required to secure a City Building Permit,and from the effec- tive date of this Ordinance,all construction shall conform to the pertinent City Construction Code and Construction Ordinance and conform to pertinent County Zoning Regulations in effect at the time the permit was issued.The replaceable value shall be construed to mean the expenditure necessary to duplicate the materials and labor at market prices. e.No building which becomes nonconforming upon the passage of this Ordinance or which becomes nonconforming due to an amendment to this Ordinance shall be built unless con- struction has taken place thereon to the extent that at least $1,000.00 in replaceable value by the date on which this Ordi- nance or said amendment becomes effective.• -98 - f .Any use or activity conducted contrary to County Zoning Regulations at the effective date of this Ordinance, and the continuance thereof shall constitute a violation of this Ordinance. SEC.2710 CERTIFICATES OF OCCUPANCY:Upon application by the owner of any property which does not conform to all the pro- visions of this Ordinance and amendments and codes,or which is exempted from zoning regulations by statute as specified in Section 303,or which is located in any portion of the GR zone where a use permit is not required,the Zoning Admin- istrator shall inspect said premises and upon a determination that it meets the required City ordinances and codes,and thereupon issue a Certificate of Occupancy establishing the character of use of said property and its conformity or non- conformity with the terms of this Ordinance. SEC.2711 ENFORCEMENT BY CITY OFFICIALS:I t shall be the duty of the Chief of Police of Apache Junction and of all officers of said City otherwise charged with the enforcement of the law to enforce this Ordinance and all of the provisions of the same. SEC.2712 LEGAL PROCEDURE:Any building,structure or improvement erected,built,moved or maintained or any use of property con- trary to the provisions of this Ordinance shall be and the same is hereby declared to be unlawful and a public nuisance and the City Attorney shall,upon order of the City Council or on his own initiative,immediately commence all necessary actions or proceedings for the abatement,enjoinment and removal thereof in the manner provided by law,shall take such other lawful steps and shall apply to such court or courts as may have juris- diction to grant such relief as will abate,enjoin and remove such building or use and restrain and enjoin any person,firm or corporation from setting up,erecting,building,moving or maintaining any such building or using any property contrary to the provisions of this Ordinance,or otherwise violating this Ordinance. SEC.2713 PENALTIES:Any person found guilty of violating any provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not to exceed $1000.00 or by imprisonment for a period of not to exceed six (6)months,or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense punishable as hereinabove prescribed. SEC.2714 REMEDIES:All remedies provided for herein shall be . cumulative and not exclusive.The conviction and punishment of any person hereunder shall not relieve such person from -99 - the responsibility to correct prohibited conditions or to remove prohibited buildings,structures,or improvements nor prevent the enforcement,correction or removal thereof.In addition to the other remedies provided in this Article,any adjacent or neighboring property owner who shall be especially damaged by the violation of any provision of this Ordinance,may institute in addition to other remedies provided by law,injunction,man- damus,abatement or other appropriate action,proceeding or pro- ceedings to prevent or abate or remove such unlawful erection, construction,reconstruction,alteration,maintenance or use. -100 - 1 ARTICLE 28 ZONING ORDINANCE AMENDMENTS AND ZONE CHANGES: SEC.2801 AUTHORITY:The City Council may from time to time after receiving a report thereupon by the Planning and Zoning Commis- sion and after public hearings required by law,amend,supple- ment or change the regulations or zones set forth herein or subsequently established.Any amendment,supplement or change may be initiated by the Commission or by petition of affected persons. SEC.2802 INITIATION OF ZONING ORDINANCE AMENDMENT -BY COMMISSION: a.Purpose:The purposes of the procedures established by Section 2802-b are: I .To eliminate the requirement of consents signatures for initiation of ordinance amendments when the proposed amendments conform to the General Plan of Apache Junction when such plan is adopted,or are found by the Com- mission to be proper amendments after consideration of pre- liminary staff reports. 2.To provide for appropriate and timely ordinance amendments and district zone changes with due consideration of the General Plan of Apache Junction when such plan is adopted for the orderly growth and development of the City. b.Procedure:The Commission shall initiate zoning ordinance amendments in accordance with the following proce- dures: I .Any person proposing that the Commission initiate an ordinance amendment shall file with the Commission an application for such amendment on the form adopted by the Commission. 2.Upon receipt of such application,the Commis- sion staff shall make a preliminary study and findings,and report them to the Commission which report shall include the extent and boundaries of the zoning district recommended by the staff. 3.If,after consideration of the preliminary staff report,the Commission determines to initiate the pro- posed amendment,the Commission shall delimit a zoning district and set the matter for public hearing,duly noticed,as here-. inafter provided. -101 - 4.If,however,after consideration of the prelim- inary staff report,the Commission determines that it will not initiate the proposed amendment,the Commission need proceed no further;however,the Commission shall,upon making such adverse determination,notify and afford the applicant a pre- liminary hearing,if the applicant within 30 days requests such a hearing.At such preliminary hearing,the applicant may show cause why the Commission should initiate the proposed amendment.The preliminary staff report and all the Commis- sion's subsequent actions thereon shall be filed with the City Clerk within 10 days after each such determination of the Commission. SEC.2803 INITIATION OF ZONING ORDINANCE:BY PETITION AND CONSENT: Any person may initiate a zoning ordinance amendment changing the zoning district boundaries within an area previously zoned by filing with the Planning and Zoning Department the proposed amendment,a petition in favor of such change,and also the written consents of at least fifty-one percent (51%)of the owners,by number and area,of all of the properties any part of which is within three hundred (300)feet of the proposed change.I f the petition is for a change of classification, there shall not be counted,either in number or area,the owners of land of the same or less restrictive zoning classification as sought by the petitioners.Unless the property change is an extension of the existing zoning district,the extent in bound- aries of the area proposed to be changed shall be such as to constitute a zoning district.In the event that the area of the proposed change does not constitute a zoning district,the Com- mission may delimit a zoning district including the petitioned area before the amendment is set for public hearing.No peti- tion shall be received for amendment reclassifying property i f a petition which included the property has been denied by the City Council within the previous six (6)months. SEC.2804 FILING FEES: a.The applicant,when requesting the Commission initiate an amendent,or the petitioner when filing certain petitions for requested actions identified in the schedule below,shall have their application or petition subject to and accompanied by a filing and investigation fee as set forth in the said "Schedule." However,when initiation is by a City official in behalf of the public interest,the fee shall be waived. b.The fee shall be non-refundable,except where the applicant,by written letter,withdraws the said application,and the City has not incurred expenses to process the application,then the City may refund the fee less ten (10)percent administrative. charge. c.The purpose of the fee shall be to defray,in part,the expenses connected with the application. -102 - d.Schedule of Filing Fees: 1.Zoning Ordinance Amendment (Petition)$100.00 2.Zoning Ordinance Amendment (Initiative)$100.00 3.Planned Development Application $100.00 4.Special Use Permit (Conditional Use Permit)$65.00 SEC.2805 REQUIRED LISTS OF PROPERTY OWNERS:Every applicant proposing that the Commission initiate a zoning ordinance amend- ment and every petitioner initiating a zoning ordinance amendment shall accompany his application or petition with an accurate, verified list,made within the previous 30 days,giving the names and addresses of the owners of all properties lying within the area of the proposed change and of all properties any part of which is within 300 feet of the proposed change.Should the Commission enlarge the area of the proposed change,the applicant or petitioner shall be required to furnish a supplemental list showing the required information within the modified proposed area of change and within 300 feet of the modified proposed area of change.These lists shall be furnished by the applicant or petitioner at his own expense and may be rejected for insufficiency by the Commission. SEC.2806 COMMISSION ACTION:Upon initiation of any proposed ordinance amendment,the Commission shall hold at least one public hearing thereon after giving at least 15 days notice thereof,by publication once in a newspaper of general circulation in the City of Apache Junction and by posting of the area included in the proposed change, and by notifying all property owners within the zoning district and all property owners within 300 feet of the zoning area. The failure to give written notice by mail in compliance with the provisions of this section shall not invalidate an ordinance, provided such failure was not intentional,nor shall the omission of the name of any owner or occupant of property who may be affected by such amendment,supplement,modification or change invalidate any ordinance adopted hereunder,i t being the intention of this section so far as may be possible to provide a notice to be given to persons substantially interested in the proposed change, that such a proposed ordinance is pending before the Commission and the City Council which proposes to amend,supplement,modify or change the boundaries of zoning districts. SEC.2807 CITY COUNCIL'S ACTION:Upon receipt of the Commission's recommendation,the City Council shall hold a public hearing thereon. The City Council may thereupon take appropriate action;provided, however,that the 20% of the owners of property by area and number within the zoning area file a protest to such proposed change, the change shall not be made except by unanimous vote of all members of the City Council.-• -103 - ARTICLE 29 SALE OF COPIES: SEC.2901 Copies of this Ordinance may be sold by the Zoning Administrator and all monies received therefrom shall be paid to the City Treasurer as provided by law. .. -104 - ARTICLE 30 REPEAL OF INCONSISTENT PROVISIONS: SEC.3001 All ordinances and portions of ordinances of Apache Junction in conflict herewith are hereby expressly repealed. -105 - ARTICLE 31 SEVERABILITY: SEC.3101 This Ordinance and the various parts thereof are hereby declared to be severable.If any section,subsection,sentence, clause,phrase,or portion of this Ordinance or any part of the code adopted herein by reference,is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decisions shall not affect the validity of the remaining portions thereof. -106 - ARTICLE 32 AREA AND NEIGHBORHOOD PLANS DEFINITIONS: SEC.3201 In this article,unless the context otherwise requires: "Area"means a geographic portion of the City comprised of two or more existing or potential'neighborhoods and generally defined by major natural features,such as mountains and rivers and major man-made features,such as state and national highways, railroads and public reservations. "Area Plan"means a duly adopted part of the City General Plan which proposes basic single-family densities in an area. It may also propose the general character,extent and location of major thoroughfares,major drainage ways,schools,parks,and other community facilities. "Neighborhood" means a portion of an area the size of which is such that when fully developed it will contain that population for which one elementary school is ordinarily required,and the boundaries of which are established by major thoroughfares and the major natural and man-made features which generally bound areas. "Neighborhood Plan"means a duly adopted portion of the City General Plan which proposes general boundaries of various future land uses in a neighborhood such as single and multiple family,transitional,commercial and industrial uses,and which further purposes the general character,extent and location of major thoroughfares,collector streets,drainage ways,schools, parks,and other community facilities,all in relation to exiting property lines,topography and other existing conditions. "Planned Area"means an area for which an area plan has been duly adopted. "Planned Neighborhood"means a neighborhood for which a neighborhood plan has been duly adopted. SEC.3202 AUTHORITY: a.Area Plans Where factors and trends exist toward the urban development of a previously undeveloped area,the Commission is directed to formulate an area plan. to implement the objectives., techniques,and principles of the General Plan into a plan for the development of that area. -107 - b.Neighborhood Plans When one or more land owners in a neighborhood located within the boundaries of a duly adopted or proposed area plan propose urban development in the neighborhood and seek rezoning to allow such urban development,the Commission shall formulate and adopt a neighborhood plan to implement the objective,techniques and principles of the General Plan and of the Area Plan into a neighborhood plan for the development of the neighborhood.The Commission may formulate and adopt neighborhood plans in other locations where deemed necessary to the orderly development of the neighborhoods. SEC.3203 PURPOSES: a.Area Plans The purpose of an area plan is to set the general policy of the City regarding future development of an area. b.Neighborhood Plans The purpose of a neighborhood plan is to set the policy of the City regarding future single-family residential, multiple -family residential,commercial and other particular public or private developments appropriate to a neighborhood. SEC.3204 CHARACTERISTICS OF AREA AND NEIGHBORHOOD PLANS: a.Area Plans An area plan shall indicate graphically for the area: 1.Proposed basic single-family densities and other proposed major uses. following: 2.General character,extent and location of the a)Major :thoroughfares b)Major drainage ways c)Schools and other community facilities b.Neighborhood Plans A neighborhood plan shall Indicate graphically for the neighborhood: -108 - 1.Particular portions of the neighborhood planned for development into the following general uses: a)Single-family residential b)Multiple -family residential c)Transitional d)Commercial e)Industrial 0 Other appropriate uses 2.The character,extent and location of: a)Major thoroughfares b)Collector streets c)Drainage ways d)Schools,parks,open spaces and other community facilities 3.All the above shall be indicated in relation to existing property lines,topography and other existing condi- tions. SEC.3205 PROCEDURES FOR ADOPTION: a.Area Plans 1.Initiation.An area plan shall be initiated by the Commission,either upon application of interested persons or on its own motion,where the Commission finds that the criteria set forth in Section 3202-a exist in the area. 2.Before the adoption of an area plan,the Commission shall hold at least one public hearing thereon, after giving at least 15 days notice thereof by one publication in a newspaper of general circulation in the county seat.i n addition,the notice shall be published in a newspaper of general circulation in the area to be -affected,or adjacent thereto,i f the area affected is other than the City.Adoption of the area plan by the Commission shall be by resolution and shall require the affirmative vote of a majority of the members. 3.After the adoption of an area by the Commission, the plan shall be submitted to the City Council for their con- sideration and official action.The City Council shall hold at least one public hearing at which residents of the area shall be heard concerning matters contained in the area plan.At least 15 days notice of the hearing shall be given by one publication • in a newspaper of general circulation in the City.The -109 - 1 City Council shall consider protest and objections to the area plan and may change or alter any portion of it.However,before any change is made,that portion of the area plan proposed to be changed shall be re -referred to the Commission for their recommendation,which may be accepted or rejected by the City Council. 4.An area plan may be amended or extended by the same procedures as are herein established for its adoption. SEC.3206 LEGAL STATUS OF AREA AND NEIGHBORHOOD PLANS: The legal status of area and neighborhood plans is as follows: I .They set the general policy of the City regarding future development of areas and neighborhoods. 2.They constitute official guides for the Commission, City Council and all city officials and agencies for guiding and accomplishing a coordinated,adjusted and harmonious development of areas and neighborhoods through zoning,subdivision design regulations,setback lines establishment,and other methods pro- vided by law. 3.They constitute official notice to the general public and to all agencies of the general plans for the development of areas and neighborhoods. SEC.3207 EFFECT OF AREA AND NEIGHBORHOOD PLANS UPON ZONING CHANGES AND SUBDIVISION PLAT APPROVALS: In amending zoning classifications,changing zoning district boundaries,or approving subdivision plats for properties included within a planned area or planned neighborhood,the Commission and City Council may allow minor variations from the adopted area plan or neighborhood plan for zoning district boundaries,exact land use classification,or the exact character, extent and location of major thoroughfares,collector streets, drainage ways,schools,parks and other community facilities. However,in allowing these minor variations,the Commission and City Council shall not alter the policy set by the area plan or neighborhood plan with regard to basic residential densities, general boundaries of the various land use districts,and the general character,extent and location of the major thoroughfares, collector streets,drainage ways,schools,parks and other com- munity facilities.In the event that'the Commission and the City Council desire to alter the policy set by an area plan or -110 - neighborhood plan,they may amend the plan by following the same procedures as are set forth in Section 3205 for adoption of area and neighborhood plans.Zoning amendments which conform to adopted area or neighborhood plans shall not be considered "spot"zoning. -111 - ARTICLE XXXIII Section 33.00 PLANNED DEVELOPMENT ZONING DISTRICT Section 33.01 INTENTION AND PURPOSE Section 33.02 PERMITTED USES Section 33.03 PROCEDURE Section 33.04 DOCUMENTATION CONTENT REQUIRED Section 33.05 STAGING Section 33.06 DEVELOPMENT STANDARDS Section 33.07 DEDICATION AND MAINTENANCE OF FACILITIES Section 33.08 MIXED LAND USES Section 33.09 GENERAL CRITERIA Section 33.10 PLANNED DEVELOPMENT SUBDIVISIONS Section 33.11 SUPPLEMENTARY PROVISIONS Section 33.01 INTENTION AND PURPOSE In certain instances the objectives of the Zoning Ordinance may be best achieved ,by the promotion of planned developments which do not conform in all respects to the land use pattern and regulations of conventional zoning.I t is the intention and purpose of the Planned Development Zoning District (PD)to provide for greater flexi- bility,and thereby encourage more creative design which may include a combination of different dwelling types and/or a variety of land uses which complement each other and which are congruous with existing and proposed land uses in the vicinity.Therefore,i t is intended to enable the use and integration of contemporary land planning principles in such a manner as to promote its most appropriate use; to allow diversification in the relationship of various uses, structures and spaces;to facilitate the adequate and economical provisions of streets and utilities;to preserve the natural and scenic qualities of open space;and establish guidelines that will encourage the highest standards of design and construction;to offer recreational opportunities close to home;to enhance the appearance of neighborhoods through preservation of natural green spaces;to counteract the effects of urban congestion and monotony while pro- viding the environmental amenities;and provide the unified control of development of land. I t is further the intent to insure substantial compliance with the General (Comprehensive)Plan adopted by the City now or in the future and spirit of intent of the Zoning Ordinance in requiring adequate standards necessary to promote the public health,safety and general welfare without unduly inhibiting the advantages of modern planning as a means of effectuating desirable development,redevelop- ment,rehabilitation,and conservation in the City of Apache Junction for residential,commercial,industrial and'other purposes.. -112 - Section 33.02 PERMITTED USES 1.The buildings and uses permitted in the Planned Development Zoning District shall be governed by the permitted uses in the base district or in a combination of base districts.The base district or districts from which permitted uses shall be determined shall include only those designated in the application and approved by the Council. 2.Upon the approval of Council,the arrangement of uses on the land as permitted by the base district(s),and the proportions of permitted land use defined by the underlying base district(s)may be adjusted,rearranged or altered according to standards and regulations as provided in this Article. 3.Any use applied for and not specifically listed in this Zoning Ordinance,if approved by the Council,shall be designated to the base district for which the use,when applied,would most resemble. 4.By "base district"this Article means any conventional zoning district(s)as approved by the Council for a particular area.Normally, the base district(s)will be those existing or compatible with existing conventional zoning districts in the subject area. Section 33.03 PROCEDURE The development plan review shall be conducted according to the following steps,procedures and requirements notwithstanding any other provisions of this Zoning Ordinance.There shall be a three (3) step review process for planned development approval consisting of Step One:pre -preliminary;Step Two:preliminary;and Step Three: final approval.Each step is outlined below and each shall be approved before proceeding to the next step as provided. 1.General Procedure a.Application for a Planned Development Zoning District (PD)shall be filed in writing and on a form approved by the Commission in the manner required for amending the Zoning Ordinance. No application shall be accepted unless i t is complete and is verified as to the correctness of information given by the signature of the applicant attesting thereto. The applicant,or his designated representative,is requested to be present at each public hearing on their.. application. -113 - b.The proposed planned development shall bp in one (1) ownership or control,or the subject of a joint application by the owners of all the property included. c.At the time of filing of the preliminary plan,a fee shall be due in the amount prescribed for "Planned Development"on the most current City of Apache Junction Schedule of Filing Fees as found in Section 2804 of the Zoning Ordinance. d.The application shall be accompanied by plans,filing documents and information as prescribed in this Article or as prescribed by the Commission. e.An application for a planned development must be filed not less than eighteen (18)days prior to the public hearings. 2.Step One:Pre -Preliminary Application a.The approval of Step One shall be construed as only concept approval for the given site and shall not be construed as approval of any zoning amendment. b.The Planning Department staff shall determine whether the planned development requirements of this Article are complied with.If the developer disagrees with the determination,the applicant by request,or the staff, may take the pre -preliminary information to the Planning Commission for its determination of whether this site is suitable for development as a planned development. This step does not require an advertised public hearing. 3.Step Two:Preliminary Application (General Development Plan a.The approval of Step Two shall be preliminary approval of the specific project on the designated site and shall create the zoning map change. b.Investigation and Reports -Planning The Director of Planning shall cause to be made by himself or members of the staff,and in cooperation with other appropriate city departments and consultants, an investigation of facts and review of all applications and documents presented hereunder as will serve to provide all necessary information to assure that the action of each applicant is consistent with the intentions and purpose of this Article. -114 - At the appropriate stage(s)the Director of Planning, or designated representative,shall submit a prepared report to the Commission for consideration and may recommend that the application be approved as submitted, approved with conditions,denied,or returned to the applicant for revision. c.Review by Planning and Zoning Commission Thereafter,the Commission shall review the application for Planned Development and shall hold a public hearing(s)as required.After such hearing,the Com- mission shall determine whether the proposal conforms to the criteria and Planned Development Requirements as set forth in this Article,and shall either recommend to the Council that the preliminary application and develop- ment plan be: 1)Approved;or 2)Approved requiring changes therein; or 3)Shall return the plan and application for revision; or 4)Denied. d.Council Consideration Upon the recommendation from the Commission,the Council shall advertise and hold a public hearing upon the request. After the conclusion of such hearing(s),the Council shall either: 1)Approve the application as recommended by the Com- mission;or 2)Approve the conditions requiring changes or impose such conditions of approval as are in its judgment necessary to insure conformity to the criteria and the Planned Development Regulations as set forth in this Article;or 3)Shall return the plan and/or application for revision to the applicant;or 4)'Shall deny the application as submitted;or 5)May refer the application to the Commission for their reconsideration and a subsequent report to the Council. 4.Step Three:Final Application (Precise Development Plan) a.Approval of Step Three shall be given only when it can be shown that the proposed project,or any stage of the •total development plan,meets all requirements as set forth for final approval in this Article plus all require- ments,stipulations,and modifications of the preliminary plan as required by the Council have been met. -115 - b.Within one (1)year after the approval of a preliminary development plan,the applicant shall f i e with the Department of Planning a final plan for the entire development,or when submission in stages has been authorized,for the first stage of the development. The Commission,after the first year and at its dis- cretion,may extend the date for submission of the final plan for one (1)additional year providing that the circumstances warrant such an extension. c.The Commission shall not approve the final development plan for any stage of the Planned Development if either the total number of stages developed and/or the average of the allowable dwelling units per stage,up to and including the stage which is to be approved,exceeds by more than twenty-five (25)percent the average number of dwelling units per stage which is allowable for the entire planned development. d.The Commission shall consider for approval all final plans.Provided all the requirements of this Article are met,the Commission shall grant such approval; except that where action of the City Council is required said approval shall be subject to City Council approval of specific items. 5.General a.For any area of which the City has a valid application for annexation and which also has a valid application filed for a planned development,the applicant shall have the base district considered as an integral part of the Planned Development application. b.Should the zoning of the base district be inappropriate for a proposed PD,changing of the base district shall be accomplished as an integral part of approval of the Planned Development Application.Under the PD Application, the base district zone change shall not be approved without approving the Planned Development Application. Section 33.04 DOCUMENTATION CONTENT REQUIRED The following information and documents shall be submitted with the application to the Department of Planning: -116 - 1.Step One:Pre -Preliminary Stage Consideration a.A letter of intent for a Planned Development shall be submitted by the owner or authorized agent. Before submitting an application for a Planned Development,the applicant is urged to confer with the Department of Planning to obtain an application and discuss procedures,fees,schedules and assistance. An accurate map drawn to sufficient scale to adequately show the boundaries and dimensions of the site,a north arrow,the scale,names and dimensions of all streets,alleys and easements bounding or touching the site.The map shall also include schematic reference showing the plot plan of the land in the area to be developed indicating: 1)The general relationship contemplated among all public and private uses;and 2)The location,dimensions and direction of any major physiographic features such as railroads, drainageways and existing man-made physical features;and 3)All private rights -of -way proposed;and 4)Location of all proposed structures;and 5)Location of all proposed common open space;and 6)Location of any flood hazard areas as determined by the Federal Emergency Management Agency. b.An explanatory statement containing the following information: 1)A showing of property ownership including all easements;and 2)The source of watersupply,method of sewerage disposal and means of drainage;and 3)Approximate number and types of units proposed for the site;and 4)Any proposed non-residential uses (i.e.,commercial, industrial,etc.);and -117 - 5)Public and private egress;and 6)Areas to be devoted to various uses and population densities contemplated for the project;and 7)The area total for the project site. 2.Step Two:Preliminary Stage Consideration a.One (1)transparency and four (4)prints of a develop- ment plan of the entire development showing: 1)General location for vehicle and pedestrian circulation indicating streets,driveways,side- walks (if any),pedestrian ways,off-street parking,loading areas and provision for fire and other emergency vehicles. 2)Location and approximate dimensions of structures together with the usage to be contained therein and approximate location of all entrances thereto showing character and relationships of buildings, streets,and open area. 3)A description of adjoining areas,uses or structures which may affect,or be affected by,the design or location of buildings of the development or the uses or traffic circulation therein.Said description shall include maps and information for at least four hundred feet (400')beyond the development. 4)A description of the general scheme of landscaping to be employed including the extent,location, arrangement and proposed improvements, of all open areas,landscaping,fences and walls.Said description shall include perspective schematic renderings.Proposed provisions for maintenance of all open areas shall be included. 5)The Director of Public Works may require the sub- mission of contour informationfor a portion of,or the total development site,when such information is deemed necessary to adequately evaluate the Planned Development.When required,the information shall conform at least to the following minimum standards: -118 - i .Contour information given shall be tied to USGS or GLO datum.At least one (1)bench mark,at or close to the property shall be required.Contour elevations shall conform to ground slope intervals as required by Subdivison Ordinance and/or: ii.Contour elevations at the center line of all private and public streets,roadways,driveways and parking areas within the project area. 6)Cross -sections through the property showing grades and building height relationships shall be included. 7)General provisions to be made for utilities and storm drains. 8)General provisions for handling storm water runoff shall be indicated. b.Four (4)copies of the following information and docu- ments: 1)A tabulation of the land area to be devoted to various uses including an indication of land to be dedicated for street,park,school or any other purpose. 2)A development schedule indicating (1)the approxi- mate date when construction of the project can be expected to begin;(2)the stages in which the project will be built and the approximate date when construction of each stage can be expected to begin. 3)Architectural drawings,sketches,perspective schematic renderings,or scale models necessary to demonstrate the design and character of the proposed development. 4)A draft of the major points for convenants proposed affecting the property. 5)A lighting plan including proposed street and security lighting,an analysis of the effect of such proposed lighting on sOjacent property,and such other information as may reasonably be neces-•• sary. -119 - g. 6)A signing plan including the location,type, size,height and area of proposed signs. 7)An indication of whether or not land is to be subdivided. 8)A certified legal description or boundary survey by a registered engineer or registered surveyor of the property,or properties,to be included in the total development including all easements;and 9)Other relevant operational data and such reasonable information as the Commission and/or Council may require including an updating of all information submitted for pre -preliminary approval. 3.Step Three:Final Stage Consideration The information submitted shall be sufficiently detailed to indicate fully the ultimate operation and appearance of the development and shall include all information submitted in the pre- liminary plan plus the following: a.The location of water,sewerage and drainage facilities. b.Landscaping and planting plan showing location,number and name of all trees and major shrubs;trees over 6" in trunk diameter to be removed by development shall be so marked. c.The character and location of signs in conformance with Zoning Ordinance. d.Plans for street improvements and finished grades or earth moving plans.Specific request for modification of traffic barriers and provisions for the relocation of utilities should be made. e.Location and dimensions of pedestrian walkways,malls, trails or any easements. f .Comprehensive soils and geological reports substantiating the soundness of the development shall be submitted by a soil analyst i f required by the Building Official. Location and dimensions of parking areas and other car maneuvering areas including location of driveways and other access points. -120 - h.Copies of legal documents required by the Council for dedication or reservation of public facilities. i .Requirements for subdivision,if applicable,as set forth in the Subdivision Ordinance. j .I f development is in stages,the approximate date when the stage is to be complete. Section 33.05 STAGING When development by stages is requested,the Planning Commision shall reviewthe preliminary application,required documents,proposed development schedule andany other information or documents necessary to determine that the proposed total development meets the intent and purpose for "Planned Development"as set forth in the Zoning Ordinance, and to further determine i f in the judgment of the Council the proposed development is of the scale and design to warrant approval of staging. When submission in stages has been authorized by the Council, the following shall apply: 1.The time schedule,as described in 33.04.02(b)(2),indicating the approximate date on which construction of the project will begin and the anticipated rate of development shall become a part of the planned development preliminary approval and shall be adhered to by the applicant and any successors in interest. 2.When more than one (1)area of a proposed planned development area is proposed for subdivisions,submission of subdivision proposals for a specific area shall not be made until such time as the developer interlds,to proceed with each such area of development. Section 33.06 DEVELOPMENT STANDARDS In addition to,or as a greater requirement to the regulations normally found in the district,the following regulations shall apply to all development within a Planned Development Zoning District: 1.Density -The developer shall propose a density subject to Council approval.Upon the adoption of a City General (Comprehensive) Plan,the allowable density shall not exceed that as set forth in said Plan.Further,the density shall not exceed that as permitted in the base zone;provided,that the density restrictions of this section may be amended as set forth below: -121 - a.Incentive Density Increases -- Design,character,identity and architectural siting variations incorporated into a development shall be considered cause for population density and building intensity increases not to exceed fifteen (15)percent of that allowable in the zone underlying the application, provided they make a substantial contribution to the objectives of a Planned Development.The degree of distinctiveness and desirable variation achieved shall govern the amount of density/intensity increase which the Council may approve. The Council shall consider three major design features of each project when considering incentive density increases.The Council may grant up to five (5)per- cent increase in density for each of the three (3)major design areas which follow.Some specific design features are included under each of the three major headings to aid in the consideration of each project's merit. 1)Landscaping (maximum increase of five percent (5%): a)Street landscaping for this area; b)Open space and plazas; c)Use of natural landscape; d)Pedestrian way treatment; e)Recreational areas. 2)Siting (maximum increase of five percent (5%): a)Visual features; b)Use of natural features (water,etc.); c)View; d)Sun and wind orientation; e)Circulation pattern; f )Physical environment; g)Variation in building setbacks; h)Building groups (cluster,etc.). 3)Design features (maximum increase of five percent (5%): a)Street sections; b)Architectural style; c)Harmonious use of materials; d)Parking area broken by landscape; e)Varied use of house types. -122 - b.Density Limitations -- I f the Council finds that any of the following conditions would be created by a proposed Planned Development,it may either (1)prohibit any increase in density,or (2)decrease the basic density allow- ance by up to fifteen percent (15%)in order to avoid the creation of any of these conditions: 1)Inconvenient or unsafe access to the Planned Development; 2)Traffic congestion which could be projected on the surrounding streets as a result of the existing conditions and approval of the planned development application,and which could thereby create a potential hazard to the health and general welfare of the residents which adjoin the planned develop- ment site. 3)Excessive burden on parks,recreational areas, schools and other public facilities which serve the Planned Development. c.Planned Development in more than one (1)district -- I f the Planned Development is in more than one (1) zoning district,the number of allowable dwelling units must be separately calculated for each portion of the Planned Development that is in a separate zone, and must then be combined to determine the number of dwelling units allowable in the entire Planned Development. However,the distribution of dwelling units and lot sizes within the Planned Development need not be affected by existing zoning district boundaries.Individual buildings,accessory buildings,off-street parking and loading facilities,open area and landscaping and screen- ing may be located without reference to lot lines,save the boundary lines of the development. When calculating -density of a proposed Planned Development, the total area,including street dedication,shall be included. d.A proposed Planned Development may have specified reasonable minimum lot sizes or other minimum require- ments for a part of,or all,of the planned development" area. -123 - 2.Setbacks and Spacing between buildings - a.Perimeter setbacks -Generally these setbacks will be those of the base district unless otherwise approved by the City Council. b.Interior setbacks - As approved by the City Council; provided no setbacks shall violate requirements of the Uniform Building Code or Uniform Fire Code. c.Buildings should be located in such a manner so as to avoid,when possible,a corridor or barracks -like effect. d.Increased setbacks -Setbacks greater than those of the immediately adjacent property may be required where the intensity of development is greater than that of the adjacent property to such •an extent that greater peripheral setbacks are needed in order to insure the health,safety and welfare of the inhabitants of the development of said adjacent property. e.In reviewing setback requirements,the following criteria shall help govern the degree an applicant shall be permitted to deviate from the base zoning district requirements. 1)A better or more appropriate design can be achieved by not applying the provisions of the zoning district;and 2)Adherence to the requirements of the zoning district is not required in order to insure health, safety and welfare of the inhabitants of the •development;and 3)Adherence to the requirements of the zoning district is not required in order to insure that property values of adjacent properties will not be reduced. 3.Height a.Generally,no building shall exceed a height which is twenty-five (25)percent greater than that of the maximum building height limitation of the base district in which the planned development is proposed. -124 - b.The Council may approve different extra limiations not less than that provided in Subsection a of this Section,provided that the proposed height is not detrimental,incompatible or otherwise undesirable with respect to existing or proposed future surrounding area development,and pro- vided that one of the following situations can be found to exist: 1)That the height increase can be justified on the basis of unique lot characteristics,topographical conditions or other natural features;or 2)That the height increase can be justified on the basis of amenities provided or concessions made by the developer for which some bonus incentive is warranted. c.When the Planned Development abuts or is in a single- family base district,the building height for the base district shall apply within 200 feet of the said single- family base district. 4.Usable Open Area a.There shall be a minimum of ten percent (10%)of the total area of the Planned Development dedicated or reserved as common usable open area.Such area shall be clearly designated on the plan as to character of use and development,but shall not include: 1)Private or public dedicated streets,alleys and other rights -of -way. 2)Vehicular drives,parking,loading and storage areas. b.The required minimum lot area for any single-family dwelling unit within a planned development project may be reduced by one (1)square foot for each one (1) square foot of common usable open area substituted in the project site -elsewhere,and provided that the minimum lot area is not reduced by more than twenty percent (20%).The substitute common open area may not be counted toward the minimum required open area for the planned development site. c.With a planned development,a'151anned residential area - may have distributed without regard to the underlying zone the required open area. -125 - d.When,with a PD,a planned residential area is con- structed by stages,the plans for usable open area shall include provisions for such areas within each staged area. e.Required usable open area shall be complete as to approved specifications prior to occupancy of the planned development,or an approved stage thereof. 5.Off -Street Parking Facilities - The following shall be applied in all Planned Developments: a.Parking requirements shall be equal to at least the sum of the parking requirements for all uses proposed and which is equal to that required by Article 21 herein,except that those requirements may be increased or decreased where the Council determines that because of the location of the property with respect to surrounding areas within reasonable walking distance, and/or public transportation,or any other consideration reasonably relating to the need for parking in the development,such increase or decrease is appropriate. However,in a commercial or industrial planned develop- ment where it can be demonstrated by the applicant that due to nonconflicting hours of operation,design of the circulation and parking plan or any other factor reasonably related to the need for parking the total parking requirement can be reduced,the Council may do so provided legal notice of the application specifies that such reduction has been requested. -b.Development standards shall be as provided in Article 33 of the Zoning Ordinance except that the following shall also be guidelines: • 1)Private streets may serve circulation and parking purposes if providing adequately for fire and police protection,rubbish collection and lighting, as established by the Director of Public Works and the Director of Public Safety. 2)A building group may not be so arranged that any temporarily or permanently inhabited building is inaccessible by emergency vehicles. 3)Driveways and circulation roadways shall be designed. to minimize traffic and congestion within the Planned Development and to minimize the amount of paving. -126 - 4)Circulation and parking areas shall be separated from recreational areas to facilitate safe vehicular movement.In the design of the circulation and parking plan,priority shall be given to pedestrian access and activity. c.Any required parking spaces serving residential uses shall be located within two hundred (200)feet of the building containing the living units served. Section 33.07 DEDICATION AND MAINTENANCE OF FACILITIES The Commission may recommend and the City Council may require as a condition of approval for any planned development that portions of the tract or tracts under consideration be set aside,improved, conveyed or dedicated for the following uses: 1.Streets:That the right-of-way width designated be dedicated to the City.Such other streets necessary to the proper development of adjacent properties may also be required. 2.Easements:That owner shall grant to the City such ease- ments as will be required to insure the necessary and orderly extension of public utilities,including easements over all non -dedicated private streets over which the City may need ingress or egress for the purpose of protecting and preserving the health,safety and welfare of the public and for the provision of municipal services of which each citizen within the City has a right to expect and may require at any future time. 3.Underground Utilities:In any development which is primarily designed for or occupied by dwellings,all elec- tric and telephone facilities,fire alarm conduits,street lighting wiring,and other wiring,conduits and similar facilities shall be placed underground by the developer, unless waived by the Council. 4.Recreation Facilities:The Council may require that suitable area for parks or playgrounds be set aside,im- proved or permanently reserved for the owners,residents, employees or patrons of the development. Section 33.08 MIXED LAND USE 1.Residential Use Mixed with Other Lies - a.In a residential planned development of over four (4) acres,or where development is by stages,and where -127 - commercial and/or industrial uses are being developed in conjunction with residential uses,construction of commercial and/or industrial uses shall not be initiated until a percentage of residential units to be specified in the planned development approval have been developed.The council may specify stages of approval for industrial or commercial use to coincide with a minimum percentage of residential uses completed. b.A basic premise shall be that such retail and service commercial development and/or industrial development be ancillary to,basically serve,and integrate in a compatible fashion with the primary residential use and character of the planned development district and surrounding properties. Section 33.09 GENERAL CRITERIA In addition,a planned development may be granted only if it is found that the development conforms to all of the following general criteria: 1.That the location,design,size and uses are consistent withe the General (Comprehensive)Plan,adopted by the City now or in the future,and with any other applicable plan,development map,or ordinance adopted by the City Council.I f the development plan is found to be in the public interest,but is in conflict with the General (Comprehensive)Plan,amendment of the General (Comprehensive) Plan shall be approved before approval may be granted for the Planned Development application. 2.That the location,design and size are such that the development can be well integrated with its surroundings; is planned and developed with the intention to harmonize with any existing or proposed development in the adjacent neighborhood;and in the case of a departure in character from surrounding uses,that the location and design will adequately reduce the impact of the development so the project will not be detrimental to the adjacent property. 3.That the location,design,size and uses are such that traffic generated by the development,except in single- family density,can be accommodated safely without congestion on existing or planned arterial or collector streets and shall,in the case of commercial or industrial developments, be designed to attract and accommodate traffic on local .. arterial or collector streets. -128 - 4.That the location,design,size and uses are such that the residents or establishments to be accomodated will be ade- quately served by existing or planned public facilities and services. 5.That the location,design,size and uses should result in an attractive,healthful,efficient and stable environment for living,shopping,working and leisure activities. 6.That the development plan make appropriate provision for the preservation of the environment,both natural and man-made. Section 33.10 PLANNED DEVELOPMENT SUBDIVISIONS 1.Conversions of pre-existing subdivisions to Planned Developments a.The Council may approve a Planned Developement for an area previously subdivided,in which case said sub- division,and any structure constructed thereon,shall be considered in conformance with zoning requirements as to lot size,setbacks and height.Such an area may include a group of structures either substantially constructed or in existence at the time of the effec- tive date of this Ordinance,which structures when constructed were intended to be similar in purpose and are substantially similar in design and purpose on the effective date of this Ordinance. b.Applicants for conversions of pre-existing subdivisions to Planned Development District zoning shall follow the application and procedures for plan reviews as set forth in this Article,except that during the pre- preliminary conference the Director of Planning shall advise the applicant as to appropriate modifications which might be made in application requirements. c.In a pre-existing subdivision,the signatures of 51% of the property owned by both number and area shall be required to initiate a planned development appli- cation for such areas;provided however the Planning Commission may initiate a Planned Development conver- sion within a pre-existing subdivision in accordance with the provisions of this Code. -129 - 18 / 9 / 5 Pa P u a w V *o N ap u e u p a o VD U 4.That the location,design,size and uses are such that the residents or establishments to be accomodated will be ade- quately served by existing or planned public facilities and services. 5.That the location,design,size and uses should result in an attractive,healthful,efficient and stable environment for living,shopping,Working and leisure activities. 6.That the development plan make appropriate provision for 'the preservation of the environment,both natural and man-made. Section 33.10 PLANNED DEVELOPMENT SUBDIVISIONS \ 1.Conversions of pre-existing subdivisions to Planned Developments,\ a.The\council may approve a Planned Developement for an area 'prvviously subdivided,in which case said sub- divisiOn,and any structure constructed thereon,shall be considered in conformance with zoning requirements as to lot ize,setbacks and height.Such an area may include a g up of structures either substantially constructed orNin existence at the time of the effec- tive date of this Ordinance,which structures when constructed were intended to be similar in purpose and are substantially -similar in design and purpose on the effective date Of. this Ordinance. b.'Applicants for conversions of pre-existing subdivisions to Planned Development District zoning shall follow the application and procedures •for plan reviews as set forth in this Article,except that during the pre- preliminary conference the Director of Planning shall advise the applicant as to appropriate modifications which might be made in application requirements. c.In a pre-existing subdivision,the signatures of 51% of the property owned by both number and area shall be required to initiate a planned development appli- cation for such areas;provided however the Planning Commission may initiate a Planned Development conver- sion within a pre-existing subdivision in accordance with the provisions of this Code. -129 - 18 / 9 / 9 Pa P u a w V •o N a p u e u p a o 4.That the location,design,size and uses are such that the residents or establishments to be accommodated will be adequately served by existing or planned public facilities and services. 5.That the location,design,size and uses should result in an attractive,healthful,efficient and stable environ- ment for living,shopping,working and leisure activities. 6.That the development plan makes appropriate provision for the preservation of the environment,both natural and man-made. Sectlqn 33.10 PLANNED DEVELOPMENT SUBDIVISIONS 1. \Conversions of re -existing subdivisions Planned Develo a..e Council may approve a Planned Development for an are previously subdivided,in which case said sub- divi 'on,and any structure constructed thereon,shall be consid-ed in conformance with zoning requirements as to lot s e,setbacks and height.Such an area may include a •cup of structures either substantially constructed g in existence at the time of the effective date of this 0 inance,which structures when constructed were intended to similar in purpose and are sub- stantially similar '4 design and purpose on the effective date of this Ordinanc b.Applicants for conversions pre-existing subdivisions to Planned Development DistrThtzoning shall follow the application and procedures fbçplan review as set forth in this Article,except that ring the pre- preliminary conference the Director o lanning shall advise the applicant as to appropriate mo ications which might be made in application requiremea c.In a pre-existing subdivision,the signatures of 51% of the property owned by both number and area shall be required to initiate a planned development application for such area.. -129 - Section 33.11 SUPPLEMENTARY PROVISIONS 1.Limitation on resubmission Whenever an application for a planned development has been denied,a similar application for the same area or any portion thereof shall not be filed within six (6) months after the date of denial. 2.Adherence to approved plan and modification thereof The application shall be bound by the plans and narrative for himself and his successors in interest,and by the conditions prescribed for approval of the development. The approved final plan and stage development schedule shall control the issuance of all building permits and shall restrict the nature,location and design of all uses.Minor changes in an approved preliminary or final development plan may be approved by the Building Official i f such changes are consistent with the purposes and general character of the development plan.All other modifications and amendments,and all major changes,in- cluding extension or revision of the stage development schedule shall have a public hearing for consideration and action by the Council. 3.Revocation for failure to adhere to approved plan, satisfy conditions of approval,or comply with stage development schedule In the event of a failure to comply with the approved preliminary or final development plan or any prescribed condition of approval,including failure to comply with the stage development schedule,shall constitute a violation of this Article as prescribed in Article 27. The Commission may,after notice,hold a public hearing and recommend the revocation of a planned development zoning district.Thereafter the Council shall consider the recommendation in the same manner as in considering a rezoning request.. 4.Expiration and reversion of Planned Development Zoning District If within one (1)year after the approval of the pre- liminary plan and designation on the Zoning District Mapof the City of Apache Junction,Arizona,by the Council, construction specified in the -130 - final development plan has not commenced,or'cannot be developed as approved,then the PD District classifica- tion shall be recalled to the Commission for review.I f i t has not been shown that i t is in the public interest,and i f the applicant has not demonstrated good cause necessita- ting the extension of time,the Commission shall recommend the PD designation revert to the base zone designation existing at the time of approval of the Planned Development Zoning District,or other appropriate designation. I f however,the applicant shows good cause necessitating an extension which would serve the public interest,then the Commission may grant two (2)extensions of time to commence substantial construction.Each extension of time shall not exceed a one (1) year period. 5.Transfers and assignments If during any stage of the development the property under application or any portion thereof,is transferred or assigned to another,then the transferee or assignee shall be bound to the requirement and design of the approved project;except that a transferee or assignee may make application for a major change of the application in which case the Council shall hear the application as i f it were a major change in the Planned Development. 6.Cancellation by 'applicant Cancellation may be initiated by the applicant of the property covered by the application by means of a written Notice of Cancellation directed to the Department of Planning.Cancellation of the application shall become effective thirty (30)days after receipt of the Notice of Cancellation in the Office of the Department of Planning. 7.Use or occupancy No building or structure within the planned development or portion thereof as. approved for stage development shall be used or occupied,.and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the Building Official has issued a Certificate of Occupancy thereof as provided under the provisions of the Uniform Building Code. -131 - 8.Planned Development precedents The approval of departures from standards ordinarily re- quired for a base district zone,or for any other planned development,shall not be considered as precedent setting when approved for any individual planned development project. 9.Construction standards -building permit issuance The provisions of the Uniform Building Code and all other City codes and detailed standards shall apply and control all design and construction of improvements within a planned development. 10.Map Change and mapping Map Change -Approval by the City Council of the preliminary development plan in accordance with the procedures and requirements of the Apache Junction Zoning Ordinance shall constitute approval of the necessary amendment of the Zoning District Map of the City of Apache Junction,Arizona,and the map shall be changed in accordance with the approved site area. Whenever a planned development has been approved and re- mains in effect,the boundary of the planned development shall be indicated on the Zoning District Map of the City of Apache Junction,Arizona. 11.Termination of a Planned Development after completion A planned development may not revert to any base district designation upon completion unless and until all require- ments of the base district are complied with. Should the applicant or any transferree or assignee,of an approved planned development wish to discontinue the PD use,or uses,upon or after completion,any use,or uses,of the land including the continuation of the planned development zoning district designation shall be reviewed and may be approved by the Council. -132 -