HomeMy WebLinkAboutORD08 ORDINANCE NO. 8
AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, ADOPTING
"APACHE JUNCTION .CITY ZONING ORDINANCE" BY REFERENCE, PROVIDING -
PENALTIES FOR THE VIOLATION THEREOF, AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA:
Section 1 : That certain document, .known as "Apache Junction
City. Zoning Ordinance" , three copies of which are on file in
the office of the City Clerk of the City of Apache Junction,
Arizona, which document was made a public record by Resolution
No. j�'f.!� of the City of. Apache Junction, Arizona is hereby
referred- to, adopted and made a _part thereof as if fully set
out in this ordinance.
Section 2 : Any person, firm or corporation whether as
principal, owner, agent, tenant, employee or otherwise, who
violates any provisions of this Ordinance or violates '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 $300. 00 or by
imprisonment for a term riot exceeding three months or by
' ' both such and imprisonment, and each day' s continuance of ,a
violation shall be deemed a separate offense.
Section 3: 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code adopted herein by reference, are hereby repealed.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 4 : 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 decision shall not affect the
validity of the remaining portions thereof.
Section 5: Whereas, it is necessary for the preservation of
the peace, health and safety of the City of Apache Junction,
Arizona, an emergency is declared to exist, and this ordinance
shall become effective at, 12: 01 a.m. ; July 1, 1979.
PASSED AND ADOPTED by the Mayor and Common Council of the
City of Apache Junction, Arizona this 27th day of June,
1979.
Ordinance No.
Page Two
APPROVED this 27th day of June, 1979, by the affirmative -
vote of three fourths -of .the members of' the Common Council
of the City of Apache Junction, Arizona.
4May !LZ�
ATTEST:
+. r
.City Clerk
APPROVED AS TO FORM:
Cit ttorn y
n t -
APACHE JUNCTION, ARIZONA
ZONING ORDINANCE
TITLE : An Ordinance providing for the creation of zoning districts
in the City of Apache Junction, Pinal County, Arizona; prescribing
area requirements, the classes of uses of buildings, structures,
improvements and premises in said several zoning districts ;
adopting a map of said zones, defining the terms used in said
Ordinance., establishing Boards of Adjustments and Appeals, pro-
viding for the adjustment , amendment and enforcement of said
Ordinance, and prescribing penalties for the violation thereof.
The Common Council of Apache Junction, Arizona, does
ordain as follows :
ARTICLE 1
SHORT TITLE :
SEC. 101 This Ordinance may be referred to as The City 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 a 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 Adminis-
trator, 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 according
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 having an equal or higher classification ;
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 classificaton 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 classificaton of
this Ordinance to any given land area.
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SSEC. 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 regula-
tions 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 Ordinnnce 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
reduced 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
building 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 dis-
trict or zone the use or occupation of land or improvements for
. railroad, mining, metallurgical , grazing or general agricultural
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® 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 purposes when 5076 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 it does not exceed 1007o 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
existing 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 if such nonconform-
ing 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 : The lawful use of a
building existing at the time this Ordinance becomes effective,
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 Ordi-
nance 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 it is located on said date,
may upon application, have a certificate of non-conforming use
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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 hard-
ship and that the surrounding area would 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 it is located, shall be
destroyed by fire, explosion, Act of God or act of the public
enemy to the extent of 1000 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.
ARTICLE 4
DEFINITIONS : For the Purpose of this Ordinance, certain words
and terms used herein are herewith defined.
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._
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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 commerical 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 ,
including 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 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 dis-
pensing sale or offering 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 if 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.
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SEC. 412 BUILDABLE AREA: The net portion of the lot 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 upper-
most 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, re-
ligious 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. , Campfire Girls, or any
similar agency organized as a non-profit corporation or supported
in whole or in part by public subscription and primarily esta-
blished 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 .
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• 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,
including 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.
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 commerical
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.
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• 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 stack-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
100 feet) , which half adjoins any street for the storage
keeping 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 the one ownership
abutting upon at least one street at the time of adoption of
this Ordinance, or area of parcel of land as shown with a
separate and distinct number on a subdivision tract map or
split-lot map recorded with the County Recorder of Pinal County ,
Arizona.
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• 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 exisitng or desirable future development of adjacent pro-
perties.
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 not a front or a rear lot
line, a side lot line separating a lot from a street is a street
side 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 the lot measured
at right angles to the depth.
SEC. 451 METALLURGICAL: Includes the land used in treating and
reducing metal bearing ores by z�Achanical,"physical or chemical
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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 it 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 equipment of an amusement resort.
SEC. 457 SANATORIUM ( includes "Sanitarium" and "Rest Home" ) : A
building or group of bui.ldings, ' 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
infectious, contagious or communicable diseases.
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 whole-
sale or retail; does not include barbers, beauty operators,
cosmetologists, 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 other-
wise prZvided in this Ordinance.
SEC. 460 SPOTZONING: 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.
SEt. 461 STABLE, COMMERCIAL: A stable -for horses which are let,
hired, used or boarded on a commercial basis of- 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 required 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.
SEC. 468 TOURIST COURT ( includes "Motel" , "Auto Court" and "Auto-
mobile Court" ) : A building or, group of buildings on the same
lot , whether detached or in connected rows, containing indivi-
dual 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.
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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 fabrica-
tion, on streets and highways on its own wheels or on flatbed
or other trailers, and arriving at the site where it 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.
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 real 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
it shall meet front yard requirements.
SEC. 475 YARD, SITE: A yard extending from the front yard to the
rear yard between the side lot line and the nearest line and
the nearest line of the main building.
13 -
• ARTICLE 5
ZONES, MAPS AND BOUNDARIES:
SEC. 501 ZONES : For the purpose of this Ordinance, the following
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-5 Multiple Residence Zone
TH Trailer Homesite Zone
TR Transitional Zone
Business: CB-1 Local Business Zone
CB-2 General Business Zone
Industrial: Cl-1 Light Industry & Warehouse Zone
Cl-2 Industiral Zone
SEC. 502 MAPS: The boundaries of zones are hereby established as
shown on maps entitled Pinal County Zoning Maps (as adopted and
amended by the City of Apache Junction, Arizona) and numbered
and subtitled as follows and as the same may be hereafter 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 City Clerk and are
hereby adopted and 'made a part of this Ordinance as fully as if
they were set out at or copied at length herein.
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.
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.
14
• 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 centerline 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 Adjust-
ment .
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.
15 -
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
any boundary of a site of not less than 160 acres and, provi-
ded further, that the applicant for a permit shall 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 struc-
ture, 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
517o of the owners, by number and area, of property within 3000
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, sprot 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%a of the owners, by number and
area, of property within 300 feet of the building site.
- 16 -
• o. Racetrack or sports stadium, provided that any
racetrack 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 where located shall be first approved by the Board
of Adjustment 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 517o 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 bounary 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 757o 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 owner-
ship, 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 controlled so
17 -
• 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 less than 100
vehicles for each nine holes of the course; and, provided
futher, 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 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 futher, that the applicant for the permit shall pro-
vide 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 507o 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 Depart-
ment , 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 750 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-
transferable 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 :
18 -
• 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: fili.ng of the plan with the
Commission.
b. The Commission finds and certifies that the archi-
tectural site-development features of the plan, which shall
provide all proposed improvements of the site, as 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 250 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 Adminis-
trator 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 .
- 19 --
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 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 neces-
sary 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.
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 employement of persons not residing on
the premises.
SEC. 702 : MAXIMUM BUILDING HEIGHT: Two stories or 30 feet.
20 -
SEC. 703 MINIMUM LOT AREA: 43, 560 square feet.
SEC. 764 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 if building is not used for poultry or animals; 50 feet if
building is used for poultry or animals.
ARTICLE 7-1A
SEC. 725-A CAR - COMMERCIAL AGRICULTURE RANCH ZONE
(To be used as buffer classification in areas where Cl-2
Hvy Ind 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 tothe Zoning
Administrator, for his approval,- a plot plan showing the arrange-
ment of buildings, the establishment of future rights-of-way
for streets and utilities and other necessary services, accor-
ding to the subdivision standards as then adopted, and in
effect by the Board of Supervisors, Pinal County.
21
• 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.
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 Adminis-
trator 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. 726A MAXI24U1I BUILDING HEGIHT: 35 feet.
SEC. 727 MINIMUM LOT AREA: 174,240 square feet (four acres) .
SEC. 728A MINIMUM LOT WIDTH: None.
- 22 -
SEC. 729 MI14IMUM LOT AREA PER DWELLING UNIT: 174, 240 square feet.
SEC. 730A MINIMUM FRONT YARD: 50 feet.-
SEC. 731 MINIMUM SIDE YARD: 10 feet.
SEC. 732A MINIMUM REAR YARD: 50 feet.
SEC. 733A 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
filet if building is not used for poultry or animals; 100 feet
if building is used for poultry or animals.
ARTICLE 8
l 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
23 _ i
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
recreation club; and hospital or sanatorium, 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.
SEC. 802 MAXIMUM BUILDING HEIGHT: Two stories or 30 feet.
SEC. 803 MINIMUM LOT AREA: One and one-fourth acres (54, 350
square feet) .
SEC. 804 MINIMUM LOT WIDTH: 100 feet.
SEC. 805 MINIMUM LOT AREA PER DWELLING UNIT: One and one-fourth
acres (54, 350 square feet) .
24 -
'i
•
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 if 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 if used for live-
stock.
ARTICLE 9
CR-1 SINGLE RESIDENCE ZONE:
901 USES PERMITTED:
a. One-family dwelling.
b. Public park, public or parochialsehool.
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 construction
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.
25
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 MIXIMUM 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.
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
if building is used for poultry or animals.
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.
26
• 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 if building is not used for poultry or animals; 50 feet
if building is used for poultry or animals.
ARTICLE 11
CR-3 SINGLE RESIDENCE ZONE:
SEC• 1101 USES PERMITTED:
a. One-family dwelling.
b. Public park , public or parochial school.
c. Church, providing the minimum of-f-street parking
requirements, as set forth in Article 21, Section 2102-e are
met.
- 27 -
• 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 construction
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: 7000 square feet.
SEC. 1104 MINIMUM LOT WIDTH: 60 feet.
SEC. 1105 MINIMUM AREA PER DWELLING UNIT: 7000 square feet.
SEC. 1106 MINIMUM FRONT YARD: 20 feet .
SEC. 1107 MINIMUM SIDE YARDS: Eight feet each.
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 fora 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.
- 28 -
• C. Minimum 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 of 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 on only one side of the structure.
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.
- 29 -
• 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 5010 of any additional space- in the rear of the prin-
cipal 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 if
building is not used for poultry or animals; 15 feet if
building is used for poultry or animals.
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 HEGIHT: Two stories or 30 feet.
30 -
•
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. Permitted 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 if
building is not used for poultry or animals; 15 feet if
building is used for poultry or animals.
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, pri-
vate 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.
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 .
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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 if
building is not used for poultry or animals; 15 feet if
building is used for poultry or animals.
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 pre-
mises:
Antique store
Apparel store
Art needlework or hand-weaving establishment
Art gallery or store ,
Auto parking lot (within or without building) subject
to the provisions of Section 2103
Bakery
Bank, safe depository or trust company
Barber or beauty shop
Bicycle shop (no sales or servicing of motor scooter
or motorcyles)
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
Confectionery store
33
• Custom dressmaking, millenerY� 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
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)
subject to the provisions of Section 2107
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, addresso-
graphing
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
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•
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
Taxidermist
Theater, except drive-in or outdoor theater
Water, telephone or telegraph distribution or elec-
trical 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 Board of
Supervisors, as evidenced by resolution or record,
is not more obnoxious or detrimental to the wel-
fare of the particular community than the enter-
prises 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 pro-
vided for each three persons employed on said premises; that a
masonry wall or a screened planting shall be erected and main-
tained 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,
i
35 _
• the Zoning
that the applicant for a permit s pe t shall provide h p g
Administrator with the written consents of 757o 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.
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: 407o of the required rear yard
and any additional space within the buildable area.
b. Maximum building height : 20 feet within the required
rear yard; two stories or 30- feet within the buildable area.
c. Minimum distance to main building: Seven ifeet.
d. Minimum distance to front lot line: 20 feet.
e. Minimum distance to side lot lines: None.
f. Minimum distance to rear lot line: Four feet.
i
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ARTICLE 16
CB-2 GENERAL BUSINESS ZONE
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 Artcle 22.
Amusement or recreation enterprise (within a com-
pletely enclosed structure) including billiard
or pool hall , bowling alley, dance hall , gymna-
sium, 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, if sufficient packing area for patrons is
provided.
37 -
• Fortunetellin
g
Garage, public (for commercial use)
Juke box or coinmachine 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
Storage building (Amended 8-5-74)
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 or trailers
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)
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r
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
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 257o of the
floor is occupied by businesses engaged in manufacturing, pro-
cessing, assembling, treatment , installation and repair of pro-
ducts.
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 pro-
jection screen be not visible from any county road or any street
or route shown on the adopted Map of Major Thoroughs and Pro-
posed 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
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
39 -
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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 exists shall be provided; that sani-
tary 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
adjacent property.
j . Radio or television tower or booster station, provided
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 residential uses.
SEC. 1605 MINIMUM LOT AREA PER DWELLING UNIT: 1, 000 square feet
for residential uses.
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1606 MINIMUH FRONT YARD: 15 feet for uses permitted in
Section 1601-a through 1601-e; 20 feet for residential uses.
1607 MINIMUM SIDE YARDS: None for the uses permitted in
Section 1601-a through 1601-e; 7 feet for residential uses.
1608 MINIMUM REAR YARD: 10 feet for uses permitted in
Section 1601-a through 1601-e; 25 feet for residential uses.
1609 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS: None for the
uses permitted in Section 1601-a through 1601-e; 14 feet for
residential uses.
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 .
ARTICLE 17
C1-1 LIGHT INDUSTRY AND WAREHOUSE ZONE:
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:
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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 pre-
pared materials: Bone, broom corn, cellophane, canvas, cloth,
cork, feathers, felt, fiber, fur, glass, hair or bristles, horn,
leather, paper, plastics or plastic products, previous 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 pul-
verized 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
cooling, 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 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.
42 -
• 11. Laboratory: experimental,
y p ental, 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 uniformity
painted board fence, not less than six feet in height :
1. Building material sales yard, contractors
equipment sales yard (only) or rental of equipment commonly
used by contractors.
2. Retail lumber yard, including only incidental
mill work, feed yard.
3. Drayi.ng, 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.
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.
i
43 _
•
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
thoroughfare, such industrial use shall provide a yard of not
less than 10%o 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.
1710 DETACHED ACCESSORY BUILDINGS:
a. Permitted coverage: 4076 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.
- 44 -
ARTICLE 18
C1-2 INDUSTRIAL ZONE:
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 (Cl-1
Light Industry and Warehouse Zone) , within or without a
building or enclosure and not subject to any limitations
shown therein unless specially enumerated in Section 1801-e.
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 Ordi-
nance.
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
himself 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
ofsaid Administrator, said Administrator. shall then give notice
by mail to all property owners of record within 300 feet of the pro-
posed 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-dap 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
- 45 -
• Boiler shop
or works
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
the Board of Supervisors, 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, the or terra cotta, babbit
metal , bleaching powder, carbon; lamp black or
graphite, cement, celluloid, chlorine gas, coal
tar or products, cresote 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 palnt
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 Board of Supervisors, a municipality,
or a sanitary district
- 46 -
Smelting, on sites of less than 72, 000 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 required
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.
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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-, if 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 convenience 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
ARTICLE 20
TH TRAILER HOMESITE ZONE:
SEC. 2001 USES PERMITTED:
a. Any use permitted in the CR-2 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.
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2. The height, yard, intensity of use, and parking
regulations of the TH Zone shall apply to mobile homes or
- travel trailers located on lots in such sub-division.
d. Trailer park, mobile home park or- travel -trailer park
lot or parcel shall be not less than ten (I0) 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 of 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 on mobile 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
minimum setback 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 be located on travel trailer
spaces so as to provide a minimum setback from the nearest edge
of 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.
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• 5. The location of mobile homes
e 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. The mobile home park shall be screened from
adjoining lots by a solid fence or wall, or suitable planting
of not less than four feet in height nor more than six feet
in height .
12. The height, yard, and intensity of use regula-
tions of the TH Zone shall apply to buildings located in mobile
home parks but not the mobile homes or travel 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.
13. In order to permit flexibility in the development
of 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 riot 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.
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0 14. Evidencef 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-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: 257o 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 .
d. Minimum distance to front lot line: 60 feet.
f. Minimum distance to rear lot line: Four feet if
building is not used for poultry or animals, 15 feet if building
is used for poultry or animals.
ARTICLE 21
OFF-STREET PARKING AND LOADING: PUBLIC GARAGES AND FILLING
STATIONS:
SEC. 2101 PARKING SPACE DEFINED: For the purpose of this Article,
200 square feet of floor or lot area, together with adequate
access to a public street , shall be deemed to be one parking
space.
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SEC. 2102 PARKING SPACE REQUIREMENTS: Off-street automobile
parking space, or evidence of the avialability of said parking
space, shall be provided according to the following schedule
and subject to the following conditions in any zone in which
any of the following uses shall hereafter be established:
a. One parking space for each family dwelling unit;
such space shall be provided on the building site on which
such dwelling is located.
b. One parking space for each three roomers which any
boarding or rooming house is intended or designed to accom-
modate; such space shall be provided on the building site on
which said building is located, or on a lot immediately adjacent
thereto.
c. One parking space for each guest room or suite of
guest rooms in a tourist court and for each trailer space in
a trailer court ; such space shall be provided on the building
site of the court.
d. One off-street parking space for each three guest
or patient beds in a hotel or hospital; such space shall be
not farther than 600 feet distant in a direct line from the
nearest part of said structure.
e. One parking space for each eight seats or pew in
any church; such space shall be located as set forth in d,
above.
f. One parking space for each five seats or similar
accommodations in- any theater, auditorium or stadium; such
space shall be located as set forth in d, above.
g. One parking space, located as set forth in d, above,
for each 200 square feet of floor area used for the following:
1. Shopping center, retail store, service business
2. Business of professional office
3. Medical or dental clinic
4. Any retail commercial use not otherwise listed
in this section
h. One off-street parking space for each 75 square feet
of floor area used for a dance hall, night club, assembly hall
without fixed seats, or establishment for the sale and consump-
tion on the premises of alcoholic beverages, food or refresh-
ments; such space shall be located as set forth in d, above.
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i. Three parking spaces for each room used- as a chapel
room, or slumber room, or parlor in a mortuary or funeral home,
or one parking space for each 50 square feet of floor area
of assembly room or rooms used for services, whichever amount
is greater.
j . One parking space for each 1, 000 square feet of
floor area used for a furniture store, furniture repair shop,
machinery sales, motor vehicle sales, wholesale store, or
welfare institution not otherwise specified herein, such space
shall be located as set forth in d, above.
k. Two ,parking spaces for each alley in a bowling alley;
such space- shall be located as set forth in d, above.
1. In addition to the requirements of any other section
of this Ordinance, one off=street parking space for each two
employees shall be provided for any land use other than an
office building. The number of employees use in computing
parking requirements shall be the greatest number of persons
employed at any time of the day or night; such space shall
be located as set forth in d, above.
m. For any drive-in theater, parking space for customers
waiting to enter said theater equal to 30% of the vehicular
capacity of the theater.
n. For a gasoline service station, auto laundry or
public repair garage, automobile storage or parking space
sufficient in area to accommodate the automobiles of the
operator and patrons of such commercial uses; such space
shall be located as set forth in d, above.
o. For any commercial amusement park, fairground or
transient show, either indoor, or outdoor, parking space
sufficient in area to accommodate the patrons of such use.
SEC. 2103 DEVELOPMENT OF PARKING AREA:
a. In any CR-5, TR, CB-1, Cl-1 or Cl-2 zone, where
parking space is- required, the surface of such space shall
be treated and maintained in a manner to prevent dust from
arising therefrom.
b. Where a parking area for a business or industrial
use adjoins or is within a residential zone, there shall be
a solid wall of masonry or other approved fireproof material,
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not more than five and not less than four feet in height ,
along the boundaries adjoining residence lots, except that
adjoining the front yard of a residence lot , said wall shall
be three feet , six inches in height.
C. Any lights used to illuminate said parking space
shall be so arranged as to reflect the light away from
adjoining lots in residential zones.
SEC, 2104 LOADING SPACE DEFINED: For the purpose of this Article,
one loading space shall be not less than 10 feet in width,
30 feet in length, and 14 feet in height.
SEC. 2105 LOADING SPACE REQUIREMENTS: On any lot abutting an
alley or having access to two or more streets, at least one
off-street loading space shall be provided and maintained for
every building or part thereof occupied by manufacturing,
storage, warehouse, goods display, retail store, wholesale
store, market , hotel, mortuary, hospital, laundry, dry
cleaning establishment , or other use similarly requiring the
receipt or distribution by vehicles of materials or merchan-
dise; and one additional loading space shall be provided for
each 10,000 square feet of gross floor space so used in excess
of 10, 000 square feet. Such space may occupy all or any part
of any required rear yard. No such space shall be located
closer than 50 feet to any other lot in any residential zone
unless wholly within a completely enclosed building or enclosed
on all sides by a solid fence or wall not less than six feet
in height .
SEC. 2106 BUILDING OVER LOADING SPACE: Nothing in this Article
shall prevent building over the top of a loading area within
the buildable area prescribed in this Ordinance, provided a
clear height of 14 feet is maintained.
SEC. 2107 PUBLIC GARAGES, PARKING LOTS AND FILLING STATIONS:
a. No gasoline filling station, automobile repair shop,
public garage or parking lot shall have an entrance or exit
for vehicles on the same side of the street within 30 feet of
a residence zone, nor shall any part of a gasoline filling
station, public garage or automobile repair shop be within 50
feet of the ground of any school , public playgournd, church,
hospital, sanatorium, public library or institution for
dependents or for children.
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® b. No asoline filling g station or public garage shall
have any oil draining pit or visible appliance for such pur-
pose, other than filling caps, located within 12 feet of any
street lot line or within 50 feet of any residential zone,
unless such appliance or pit is within a building and distant
at least 12 feet from any vehicular entrance or exit of such
building.
SEC. 2108 PARKING OF UNOCCUPIED HOUSE TRAILERS: Any house trailer
not in use for residential purposes may be stored or parked in
any SR, SH, CR-1, CR-2, CR-3,. CR-4 or CR-5 zone only if said
trailer is located to the rear of the principal dwelling on
the lot , parcel or tract where said trailer is to be stored,
and is stored in a garage or ramada, or behind plantings of
sufficient height to shield said trailer from view from the
adjoining properties. Not more than one such trailer may be
parked on any such residential lot , parcel or tract .
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 posed by any public officer in per-
formance of a public duty or a private person in giving a
legal notice.
b. "Area of Sign" : The largest rectangle that is
required 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.
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• 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 premitted use located on the
premises.
f. "Real Estate Sign" : A sign advertising that pro-
perty 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 adver-
tise and attract the attention of the public by words, letters,
figures, designs, fixtures, colors or illumination publicly
displayed out of doors.
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
architect , 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 intended, provided the signs are placed on
fences erected as barriers for the work under construction
or on the temporary buildings or on the construction canopy
or on the building under construction 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, alteration or repair.
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• SEC. 2203 EXISTING SIGNS: An sign, billboard or
Y g commercial
advertising structure which lawfully existed and was main-
tained 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 structures 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.
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 deve-
lopment 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
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• 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,
indicating the name of the occupant and a permitted occupation.
b. One unlighted or indirectly lighted sign not exceeding
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 area for churches or
other permitted uses other than dwellings.
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
signs as regulated in Section 2209; and one unlighted or in-
directly 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,
further 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 deve-
lopment 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.
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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.
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 desig-
nated 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 12feet 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 bill-
board, 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, Cl-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.
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b. Sky signs, provided that each shall set back not
less than three feet from the main outside walls of the
building, shall not project higher than 26 feet above the
top of the building upon which it is placed and shall have
between it and the roof a clear space of not less than six
feet.
c. Billboards, except within 500" feet of a route
designated as "scenic" on the adopted Map of Major Thorough-
fares 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 pro-
perty 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 1200 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.
SEC. 2210 HEIGHT LIMIT: No sign, billboard or advertising
structure shall exceed the building height limit of the
zone in which it 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 it 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.
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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 Rule
10. TH Trailer Homesite
11 . TR Transitional
12. CB-1 Local Business
13. CB-2 General Business
14. Cl-1 Light Industrial Warehouse Zone
15. Cl-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.
0. Such other uses as the Planning Commission may deem
appropriate in the public interest.
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• Before issuance of an conditional use for an of the
Y Y
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 pre-
mises shall be submitted to the City Planning Commission.
These plans and statement shall be referred to the Planning
Commission for study and report , and for public hearing. The
Commission 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
it 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
structural alterations to special uses after they have qualified
and have been approved by the City Planning Commission.
SEC. 2302 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 facilities, its
center shall be located a distance from any lot line equal to
not less than one-half its height .
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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
exceeding 30, 000 square feet in area, may be used for auto-
mobile 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 neigh-
borhood, 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 parking lot.
SEC. 2306 PLANS FOR NON-CONFORMING USE: Any owner of land zoned
under this Ordinance who shall file in writing with the
Planning 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 prohibiting 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 proposed buildings and improvements in
sufficient detail to determine 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 zonein.which said use would be a conforming use
under this Ordinance.
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•
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 exceeds 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 refi-
neries 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. 2308-1 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 wails, 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-owners association, as provided in Section 2328, be
established so long as the property use remains. The lots
i
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• so created shall be subject to all Pinal Count subdivision� y si n
regulations. The density requirement under this section shall
be no more than one dwelling 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.
a. Building setback requirements shall be the same
as the setback requirements in the zone where the lots are
created and shall be determined from the boundaries of the
proposed development.
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, pro-
vided the yard and other requirements of this Ordinance are
complied with, or provided further, that if private subdivision
restrictions or regulations were of record and unexpired on the
effective 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 restrictions prior to said effective date, and that
said private restrictions 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 Adminis-
trator may , issue a permit under said private restrictions as
to yard and area requirements 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 lot 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 .
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.
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•
SEC. 2310 REAR DWELLING REQUIREMENTS : In addition to other
requirements 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 unobstructed
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
interfere 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 so 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
interior 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.
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.
- 66 -
•
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 minimum side or rear yard. In any business or indus-
trial 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, any 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
increased by 10 feet and the off-street parking provisions of
this Ordinance are complied with.
SEC. 2317 ACCESSORY BUILDING ATTACHED TO MAIN BUILDING: An accessory
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
building 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
property owners.
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 fail in a seven-foot run from
y
67 -
• 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 eleva-
tion -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
industrial 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
residential 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 project 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 project area has
been completely developed during the original permit period.
At the expiration of the permit period or any extension there-
of , -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:
Minimum 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 sub-
division 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.
i
68 -
• d. That an area is dedicated for purposes drainage or
permanently reserved for park or recreational 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 restrictions or by other governmental
acquisition processes; that the total extent of said. park,
recreation, or drainage 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 20,000 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. 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, 000 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 two lots per gross acres of the area of the
subdivision 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
restrictions 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.
69 -
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 condi-
tions 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 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
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- Com-
mission- and City Council is recorded in the office of the
County Recorder of Pinal County, Arizona.
SEC. 2327 INDIVIDUAL LOT-SIZE REDUCTIONS : Sections 2323, 2324,
and 2325 shall not affect the powers of the Board of Adjustment
under Section 2403-d to allow reduction of individual lot
sizes on the basis provided in Section 2403-d.
70 -
• SEC. 2328 HOME ASSOCIATION: As part of the presentation of any
proposed Planning Residential Development , the developer shall
submit a set of covenants running with the land providing
for an automatic membership homes association to be incorpo-
rated, nonprofit organization, operating under recorded land
agreements 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 acitivities 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 association may take appropriate legal action to
enforce any violations. The .covenants shall also state the
duties, obligations, and liabilities, 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 covenants will remain in
existence and provide for a method of renewal.
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 there-
of, 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 consirute no less than an
equivalent 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.
ARTICLE 24
BOARDS 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 difficulties or unnecessary hardship would result
from a strict application of regulations.
i
71 _
SEC. 2401 CREATION AND APPOINTMENT: There is hereby created, as
provided by law, a Board of Adjustment for the City of Apache
Junction. The Board of Adjustment shall be composed of five (5)
members, each of wham shall be a resident and taxpayer 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,
two (2) members shall be appointed for a term of two years each,
commencing July 1, 1979 and one (1) member shall be appointed for
a term of three (3) years.
SEC. 2402 PROCEDURE: The Board. of Adjustment shall meet regularly at
least once a month and oftener, if necessary, for the transaction
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 Ordinance 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 sect-ion is in doubt , when there is dispute as
to such meaning between the appellant and the enforcing officer,
or when the location of a zone boundary is in doubt .
b. Allow the extension of a zone where the boundary line
thereof divides a lot in one ownership at the time of enactment
of this Ordinance.
c. Hear and decide appeals where it 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 30 days of said decision.
d. Allow a reduction of building site area and yard
requirements cohere, in its. judgment , - the shape- of. the .building
site., topography, - the location- of existing buildings or other
conditions make a strict compliance '.
ompliance with said regulations
72 -
• impossible without practical dif
ficulty or hardship; but , in
no case, except as hereinafter provided, shall these regula-
tions be reduced in such manner as to violate the intention
and purpose of this Ordinance.
e. On recommendation of the Planning and Zoning Com-
mission, to 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, it is economically unfeasable and
physically impractical to enforce the minimum area require-
ments of the zone 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
sidewalks, 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, thorough-
fare.
g. Permit in any zone such modification of the require-
ments 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 9-month
period, 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 I80- 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
73 -
• of this Ordinance and if any temporary government regulations
prohibiting the proposed development is in full force and
effect during said 2-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, if it should find
that in the particular case the peculiar nature of the
building or premises, or the exception situation or con-
dition, would mitigate the need - for the parking spaces
specified.
1 . On recommendation of the Commission , 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 impairment 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 showing:
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.
2. That the granting of the application is neces-
sary for the preservation and enjoyment of substantial property
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.
74 -
• 3. Interpreting and applying the provisions of
this Ordinance shall be held to the minimum requirements
adopted for the promotion of public safety, health, con-
venience, comfort , prosperity, and general welfare. It
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, previously 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 conflict with
or are inconsistent with the valid provisions of this Ordi-
nance and to that extent and no more the same are hereby
repealed. It 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.
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
property 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
75 -
• 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 it 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
Adjustment , payable to the Planning and Zoning Department 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
addressed to the last known owners as shown on the list sub-
mitted by the applicant under the provisions of Section 2501-c
iof this Ordinance.
SEC. 2504 EVIDENCE REQUIRED FOR VARIANCE: At the public hearing
on a variance application, the applicant shall present a
statement and adequate evidence in such form as the Board of
Adjustment 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
application is necessary for the preservation -and enjoyment
of substantial 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
improvements in the neighborhood.
76 _
SEC. 2505 BOARD OF ADJUSTMENT ACTION: In the event the Board of
Adjustment finds that substantial conformity to standards
previously established in the zone may be secured and that
detriment or injury to the neighborhood will not result from
the granting of a variance as applied for, it may approve
or conditionally 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 dis-
approval 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 require 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 there-
with 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.
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 connection 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.
ARTICLE 26
INTERPRETATION, PURPOSES AND CONFLICT:
2601 Interpreting and applying the provisions of this Ordinance,
they shall be held to be the minimum requirements adopted for
the promotion of public safety, health, convenience, comfort ,
prosperity and general welfare. It is not intended by this
Ordinance to repeal, abrogate, annual , or in any way to impair
i
77 _
•
or interfere 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,
establishment , 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. It is not intended by this Ordinance to inter-
fere with or abrogate or annul any easement , covenant or other
agreement between private parites, but where the zoning provi-
sions 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.
ARTICLE 27
ENFORCEMENT:
SEC. 2701 ZONING ADMINISTRATOR: For the purpose of the enforce-
ment of this Ordinance, there is hereby created the position
of City Zoning Administrator and such Deputy Administrators
as may be requred, who shall be appointed by the City Council
and shall have the same status as any other employee of the
City.
SEC. 2702 RESPONSIBILITY FOR PERMITS: It 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 purposes where the same would be in conflict with the pro-
visions 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 PERMITS REQUIRED: From and after the effective date
of this Ordinance, it shall be unlawful to erect , construct ,
reconstruct , alter or change the use of any building or structure
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; but no permit shall
be required for any repairs or improvements for which the value
of the materials and labor thereon does not exceed $500. 00.
For the purpose of determining the value of any such repairs ,
alterations or improvements, the normal retail value of materials
and the reasonable value of the labor performed shall be used.
78 -
Even though no permit is requited, all other .provisions of
this Ordinance shall be observed -in the performance of said
repairs or improvements, and this section shall be interpreted
to apply only to repairs or improvements which in fact consti-
tute complete units, and shall not apply to any effort to repair
or improve property piecemeal and by subterfuge for the purpose
of avoiding applying for a permit when the cost of said work
is in ' fact in- excess of $500-00.
SEC. 2704 APPLICATION FOR PERMIT: The applicant for a permit
shall provide the Zoning Administrator with sufficient infor-
mation regarding the proposed construction or use for the
interpretation and enforcement of the provisions of this
Ordinance and for the guidance and assistance of the City
Engineer, the County Health Department, the County Assessor
and any other public agency in the discharge of their regularly
prescribed duties. Required information shall include the legal
description of the property upon which the improvement is
to be made, the street address of said property, the nature of
the use to which said improvement is to be- put, the type of
building to be erected, the dimensions of the building site
and of the improvement, the distance said improvement is to
be from all lot lines of the building site, and elevation of
said improvement showing the height thereof, the location of
water and sewer lines serving said improvement and 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
such other information as the Zoning Administrator may require
for the purpose of determining whether said permit may be
issued under the terms of this Ordinance. Except for applicants
exempt from the provisions of Arizona Revised Statute 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, mechanical, electrical or plumbing con-
tractor who will be employed on the work.
SEC. 2705 FEES: For each permit to erect, construct, reconstruct
alter or change the use of any building or other structure
within any portion of the incorporated area of Apache Junction
covered by this Ordinance, a fee shall be charged based upon
the following schedule:
a. Buildings:
1. Accessory building under. 500 square feet of gross
floor area, fee: $15. 00.
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2. Accessory building over 500 square feet and under
1, 500 square feet of gross floor area, fee: $25. 00.
• 3. Any other building, under 500 square feet of gross
floor area, fee: $25. 00.
79a -
4 . Any other building, over 500 square feet and
under 1, 500 square feet of gross floor area, fee: $40. 00 .
5. All buildings, an additional $5. 00 fee for each
additional 500 square feet of gross floor area or fraction
thereof in excess of the initial 1, 500 square feet of gross
floor area.
6. Additions to existing accessory buildings, the
same fee as for an initial permit for accessory buildings.
7. Additions to any other buildings, the same fee
as for an initial permit for accessory buildings.
S. Fees for alterations and reconstruction shall be
computed according to the foregoing schedule, according to- the
number of square feet of gross floor area contained in the
portion undergoing such alterations and reconstruction.
9. Fees for change of use and trailer/mobile home
use shall be $25. 00 for each permit.
b. Structures bather than buildings:
1 . Signs, fee per 100 square feet or fraction there-
of, of longest horizontal dimension in feet times height: $15 . 00.
1
2. Walls, fee per 50 lineal feet or fraction thereof:
$15 . 00.
3. Pools, fee per 100 square feet or fraction thereof
of area: $15. 00.
4. All other structures not shown above: For each
structure costing less than $1, 000. 00 including normal labor
costs, fee: $15. 00; for each additional $1, 000. 00 cost or
fraction thereof, including normal labor costs, for each
structure, and additional $5. 00 fees.
5. Not withstanding any other provisions of this
Ordinance, no building permit shall be required under Article 27
for electric telephone facilities which compromise part of
the operating utility system (as opposed to offices, warehouse
or similar buildings) other than generating facilities (100 MW
or greater) or high voltage (115 KV or greater) transmission
lines and related substations, switchyards and appurtenances .
In the case of construction of such facilities, all of the
facilities in a single job or project shall be considered to
80 -
be included in one construction program and shall be subject
to one construction permit under Article 27. The fee for any
one such construction program shall not exceed $1,000. 00.
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 if 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 displayed 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 immediately
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
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 ordin-
ance 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 if issued shall not be valid, except
insofar as the work or use which is authorizes. is . lawful' and
permitted.
b. Pinal County. B.uilding or Use Permits, legally issued
not more than nine (9) months prior to the effective date of this
ordinance, shall be honored by the Building Inspector within
sixty (60) days after the effective date of this ordinance. 'The
Building Inspector shall *issued a 'City Building Permint• when
construction details conform %*.o all pertinent City construction
codes and construction ordiances 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 on the City permit and the
balance only, must be paid before a City permit issued.
81
C. Buildings legally under -construction with a Building
l or Use Permit, issued by the Pinal County Planninq 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 structurally safe and conform to pertinent County
zoning regulations in effect at the time the County permit
was issued.
d. Buildings under construction on the effective 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 $1000_in .reolaceable value shall be required to secure
a City Building Permit, and from the effective date of this
Ordinance, all construction shall conform to the pertinent
City construction codes 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 meet 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
construction has taken place thereon to the extent that at
l least $1000 in replaceable value by the date on which this
Ordinance or said amendment become effective.
f. Any use or activity conducted contrary to County
zoning regulations at the effective date of this. Ordinance
and not constituting a nonconforming use under the County
zoning regulations shall not be considered a nonconforming
use 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
provisions of this Ordinance at the time this Ordinance
becomes effective,- or which is exempted from zoning
regulations by statute as specified .in Section 303, or
which is- located in any portion of a GR zone where a use
permit is not required, the Zoning Administrator shall
inspect said premises and thereupon issue a certificate of
occupancy establishing the ctaracter of use of said
property and its conformity or non-conformity with the
terms of this Ordinance.
SEC. 2711 ENFORCEMENT .BY CITY OFFICIALS: It shall be the duty
of the Chief of Policy of Apache Junction and of all
officers of said city otherwise charged with the enforce-
ment of the law to enforce this Ordinance and all of the
provisions of the same.
-8la- '
•
SEC. 2712 LEGAL PROCEDURE: Any building, structure or improvement
erected, built , moved or maintained or any use of property
contrary 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 jurisdiction 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, firm or corporation whether as
principal, owner, agent , tenant, employee or otherwise, who
violates any provisions of this Ordinance or violates 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 $300. 00 or by imprison-
ment for a term not exceeding three months of by both such
and imprisonment , and each day' s continuance of a violation
shall be deemed a separate offense.
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
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 the other remedies provided by
law, injunction, mandamus, abatement or any otehr appropriate
action, proceeding or proceedings to prevent or abate or remove
such unlawful erection, construction, reconstruction, altera-
tion, maintenance or use.
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 Commission
and after public hearings required by law, amend, supplement or
82 -
• change the regulations or zones set forth herein or subsequently
g g
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:
1. To eliminate the requirement of consents signatures
for initiation of ordinance amendments when the proposed amend-
ments conform to the General Plan of Apache Junction when such
plan is adopted, or are found by the Commission to be proper
admendments after consideration of preliminary 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 procedures:
1. Any person proposing that the Commission initiate
an ordinance amendment shall file with the Commission an appli-
cation for such amendment on the form adopted by the Commission.
2. Upon receipt of such. application the Commission
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
hereinafter provided.
4. If, however, after consideration of the prelimi-
nary 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
preliminary 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 Commission' s
subsequent actions thereon shall be filed with the City Clerk
within 10 days after each determination of the Commission.
83 _
• SEC. 2803 INITIATION OF ZONING ORDINANCE AMENDMENT - 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 City Clerk the pro-
posed amendment , a petition in favor of such change, and also
the written consents of at least 51% of the owners , by number
and by area, of all other properties any part of which is
within 300 feet of the proposed change. If the petition is
for a change of classification, there shall not be counted,
either in numbers for area, the owners of land of the same
or less restrictive zoning classification as sought by the
petitioners. Unless the proposed change is an extension of
an existing zoning district, the extent and boundaries 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 Commission
may delimit a zoning district including the petitioned area
before the amendment is set for public hearing. No petition
shall be received for amendment reclassifying property if
a petition which included the property has been denied by the
City Council within the previous six months.
SEC. 2804 FILING FEE AND COST: A uniform fee. of $10. 00 shall be
paid to the Planning and Zoning Department upon the initiation
of each Zoning Ordinance Amendment by the applicant when the
Commission initiates the Amendment , or by the Petitioner when
Amendment is initiated by petition and Consents. This fee
shall be charged to partially cover the costs of sending
notices, making maps, and other expenses involved. None of
the fees or costs shall be refundable.
SEC. 2805 REQUIRED LISTS OF PROPERTY OWNERS: Every applicant
proposing that the Commission initiate a zoning ordinance
amendment and every petitioner initiating a zoning ordinance
amendment shall accompany his application or petition with an
accurate, verified list , made withinthe 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.
84 -
• SEC. 2806 COMMISSION ACTION: Upon initiation of an proposed
P Y P P
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 circu-
lation 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, it being the in-
tention 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 at least 15 days' notice which shall be given by
publication once in a newspaper of general circulation in
the City of Apache Junction and by posting of the area included
in said proposed change. The City Council may thereupon take
appropriate action; provided, however, that if 200 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 the unanimous vote of all members of the City Council.
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.
ARTICLE 30
REPEAL OF INCONSISTENT PROVISIONS :
SEC. 3001 All ordinances and portions of ordinances of Apache
Junction in conflict herewith are hereby expressly repealed.
85 -
• ARTICLE 31
SEVERABILITY:
SEC. 3101 This Ordinance and the various parts thereof are hereby
declared to be severable.- If- any section, subsection, sentence,
clause, word or phrase of this Ordinance is for any reason held
to be unconstitutional, such holding shall not affect the
validity of the remaining portions of this Ordinance.
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 high-
ways, 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
proposes the general character, extent and location of major
thoroughfares, collector streets, drainage ways, schools, parks,
and other community facilities, all in relation to existing
property lines, topography, and other existing conditions.
86 _
® "Planned Area" means an area for which an area plan has been
duly adopted.
"Planned Neighborhood" means a neighborhood for which a neigh-
borhood 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.
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 re-
zoning 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.
K
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
propose major uses.
- 87 -
2. General character, extent and location of the
following:
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:
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
f. 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 com-
munity 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 news-
paper of general circulation in the county seat . In addition,
the notice shall be published in a newspaper of general circulation
88
in the area to be affected, or adjacent thereto, if the area
affected_ is other than the county seat. 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 county
seat . The City Council shall consider protest and objections to
the area plan and may change or alter any portion of it . How-
ever, 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:
1. 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
regulation, setback lines establishment, and other methods
provided by law.
3. They constitute official notice to the genneral
public and to all agencies of the general plans for the deve-
lopment of areas . and neighborhoods.
SEC. 3207 EFFECT 'OF AREA AND NEIGHBORHOOD PLANS UPON ZONING CHANGES
AND SUBDIVISION PLAT APPROVALS: In amending zoning classifi-
cations, 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 boundaires , exact land
- 89 -
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 thorough-
fares, collector streets, drainage ways, schools, parks, and
other community facilities. In the event that the Commission
and the City Council desire to alter the policy set by an area
plan or 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.
90 _
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