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HomeMy WebLinkAboutORD251ORDINANCE NO.251 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, PINAL COUNTY,ARIZONA,AMENDING "THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA,VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE," BY AMENDING "ARTICLE 28,ZONING ORDINANCE AMENDMENTS AND ZONE CHANGES"; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT: SECTION I IN GENERAL "The Code of the City of Apache Junction,Arizona,Volume II,Land Development Code,Chapter 1,Zoning Ordinance,"shall be amended by amending "Article 28,Zoning Ordinance Amendments and Zone Changes,"to read as follows: SECTION 2801 AUTHORITY The City Council (hereinafter referred to as "Council")may from time to time upon the recommendation of the Planning and Zoning Commission (hereinafter referred to as "Commission")amend,supplement,change, or repeal the regulations,conditions,restrictions,and zoning district boundaries herein established.Request to amend this Ordinance may be initiated by the Council or the Commission on their own motion or may be petitioned as hereinafter set forth.In every case of adverse action of the Commission in connection with a matter which the Council submits to the Commission for approval,disapproval, or recommendation,the Commission shall communicate its reasons to the Council which shall have the power to overrule the adverse action of the Commission. SECTION 2802 APPLICATION FOR AMENDMENT Applications by petition for amendment of this Ordinance shall be made to the Commission on a standard form provided for that purpose and shall be signed by the real property owners in the area to which the amendment applies.In the event the application includes property in addition to that owned by the applicant,there shall be filed by the applicant on a form provided therefore,a petition in favor of the request signed by the real property owners representing at least seventy-five percent (75%)of the land area to be included in the application.Such a petition shall be filed at the Planning Department and checked for authenticity of ownership before the application is accepted by the Commission.In the event the application includes properties owned by more than one owner,the Planning Department shall cause to be notified,by certified mail,all property owners included in the area for the proposed change.Such notice shall be postmarked no later than fifteen (15)days prior to any Commission hearing of the application. SECTION 2803 FILING FEES The applicant when requesting an amendment identified in the following schedule shall have the application subject to and accompanied by a filing and investigation fee as set forth in the said "Schedule." However,when initiation is by the Council,Commission,or other governmental entity in behalf of the public interest,the fee shall be waived. The fee shall be non-refundable except where the applicant,by written letter,withdraws the said application and the City has not incurred expenses to process the application,then the City may refund the fee,less ten percent (10%)administrative charges. The purpose of the fee shall be to defray in part the expenses connected with the application. ORDINANCE NO.251 PAGE TWO OF FIVE SCHEDULE OF FILING FEES: 1.Zoning Ordinance Amendment 2.Planned Development Application 3.Special Use Permit (Conditional Use Permit) SECTION 2804 REQUIRED LIST OF PROPERTY OWNERS Every applicant initiating a zoning ordinance amendment shall accompany the application with a County Assessor's map of the proposed rezoning area and the area within three hundred feet (300')of the site,and an accurate,verified list,made within the previous thirty (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 three hundred feet (300')of the proposed change.Should the Commission enlarge the area of the proposed change,the applicant shall be required to furnish a supplemental list showing the required information within the modified proposed area of change and within three hundred feet (300')of the modified proposed area of change. These maps and lists shall be furnished by the applicant,at his own expense,and may be rejected for insufficiency by the Commission. For purposes of acquiring the map and compiling the list of property owners,the applicant shall utilize the records of the Pinal County Recorder's Office,and Pinal County Assessor's Office,respectively. SECTION 2805 PUBLIC HEARING $250.00 $250.00 $130.00 Every application for amendment,Council motion for amendment,or Commission motion for amendment of this Ordinance shall be considered by the Planning and Zoning Commission at a public hearing.Notice of the time,date,and place of the hearing,including a general explanation of the matter to be considered and including a general description of the area to be affected shall be given at least fifteen (15)days before each hearing. The notice shall be published one (1)time in a newspaper of general circulation,published or circulated in the municipality,or i f there is none,i t shall be posted on the affected property in such a manner as to be legible from the public right-of-way and in at least ten (10)public places in the municipality.A posted notice shall be printed so that the following is visible from a distance of one hundred feet (100'):the word "Zoning,"the present zoning district classification,the date,time,and place of the hearing. In proceedings involving rezoning of land which abuts other municipalities or unincorporated areas of the county or a combination thereof,copies of the notice of public hearing shall be transmitted to the planning agency of such governmental unit abutting such land. I f an application for amendment by petition involves the rezoning of one (1)or more parcels of land,then in addition to the publication requirements herein provided,the Planning Department shall cause to be notified,by certified mail,all property owners within three hundred feet (300')of the area sought to be rezoned. The Council or the Commission may or may not notify,by first class mail, all property owners within three hundred feet (300')of areas sought to be rezoned by motion to amend.Any motion to amend this Ordinance, whether initiated by Council or Commission,shall state whether any mailed notices shall be required.However,in the event that a motion for amendment concerns only the amendment of the general requirements, permitted uses,or the like and does not include the rezoning of an area from one zoning classification to another,then no mailings shall be made. (le-&'/'2 / ORDINANCE,Ntr-g -1 PAGL-1110 OF FIVE SCHEDULE OF FILING FEES: 1.Zoning Ordinance Amendment 2.Planned Development Application 3.Special Use Permit (Conditional Use Permit) $250.00 ///// $250.00/ $100 SECTION 2804 REQUIRED LIST OF PROPERTY OWNERS Every applicant initiating a zoning ordinance amendment shall accompany the application with a County Assessor's map of the proposed rezoning area and the area within three' hundred feet (300')of the site,and an accurate,verified made within the previous thirty (30)days,giving the name's and addresses of the owners of all properties lying within the area of the proposed change and of all properties any part of wych is within three hundred feet (300')of the proposed change,:Should the Commission enlarge the area of the proposed change, ,'the applicant shall be required to furnish a supplemental list ,showing the required information within the modified proposed area of change and within three hundred feet (300')of the modified proposed area of change. These maps and lists shall be furnisr ed by the applicant,at his own expense,and may be rejected for insufficiency by the Commission. For purposes of acquiring the map p/nd compiling the list of property owners,the applicant shall utilize the records of the Pinal County Recorder's Office,and the Pinal/County Assessor's Office,respectively. SECTION 2805 PUBLIC HEARING / Every application for amendment,Council motion for amendment,or Commission motion for amendment of this Ordinance shall be considered by the Planning and Zoning/Commission at a public hearing.Notice of the time,date,and plaice of the hearing,including a general explanation of the matter to be considered and including a general description of the area/to be affected shall be given at least fifteen (15)days before each hearing. The notice shall beyablished at least one (1)time in a newspaper of general circulation,published or circulated in the municipality, +RE B4:14g me l n LW Q utic 3-14E EHI-C1 -circulated in thc thuni-cipality,or i f there is no newspaper of general circulation publqhe d or circulated in the municipality,i t shall be posted on the affected property in such a manner as to be legible from the public right/-of -way and in at least ten (10)public places in the municipality./A posted notice shall be printed so that the following is visible from a distance of one hundred feet (100'):the word "Zoning,"the/present zoning district classification,the date,time, and place of/the hearing. In proceedOgs involving rezoning of land which abuts other municipalities or unincorporated areas of the county or a combination thereof,Copies of the notice of public hearing shall be transmitted to the pThnning agency of such governmental unit abutting such land. If an application for amendment by petition involves the rezoning of one (1)or more parcels of land,then in addition to the publication requirements herein provided,the Planning Department shall cause to be notified,by certified mail,all property owners within three hundred feet (300')of the area sought to be rezoned. The:Council or the Commission may or may not notify,by first class mail, all property owners within three hundred feet (300')of areas sought to ,be rezoned by motion to amend.Any motion to amend this Ordinance, whether initiated by Council or Commission,shall state whether any mailed notices shall be required.However,in the event that a motion for amendment concerns only the amendment of the general requirements, permitted uses,or the like and does not include the rezoning of an area from one zoning classification to another,then no mailings shall be made. ORDINANCE NO.251 RAGE THREE OF FIVE SECTION 2806 DECISION OF COMMISSION After public hearing,the Commission shall render its decision in the form of a written recommendation to the Council.The recommendation shall include the reasons for the recommendation and be transmitted to the Council in such form and manner as may be specified by the Council,and may include appropriate provision for acquiring rights- of -way for street widening.I f the Commission shall fail to report on any application for amendment or Council motion for amendment within ninety (90)days after determination of its completeness and accuracy,such failure to report shall be deemed to be approval of the relief requested by the application or motion for amendment. However,the Council shall hold a public hearing on said application or motion for amendment after giving public notice in accordance with Section 2805. SECTION 2807 COUNCIL ACTION I f the Commission has held a public hearing,the Council may adopt the recommendation of the Commission without holding a second public hearing i f there is no objection,request for public hearing,or other protest.The Council shall hold a public hearing i f requested by the aggrieved party or any member of the public or of the Council, or in any case,i f no public hearing has been held by the Commission. Notice of the date,time,and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission.A request made by an aggrieved party or member of the public or of the Council for a public hearing to be held by the Council shall be made within fourteen (14)days from the date that the Commission votes upon a proposed amendment.The request shall be in writing on a form provided by the City Clerk and filed with the City Clerk. SECTION 2808 PROTEST PROVISION I f the owners of twenty percent (20%)or more,either by area of the lots included in a proposed change,or of those immediately adjacent in the rear or any side thereof extending one hundred and fifty feet (150')therefrom,or of those directly opposite thereto extending one hundred and fifty feet (150')from the street frontage of the opposite lots file a protest in writing against a proposed amendment, i t shall not become effective except by the favorable vote of three -fourths (3/4's)of all members of the governing body of the municipality.I f any members of the Council are unable to vote on such a question because of a conflict of interest,then the required number for passage of the question shall be three -fourths (3/4's) of the remaining membership of the Council,provided that such required number of votes shall in no event be less than a majority of the full membership of the legally established Council. Protests against amendments shall be made on forms provided by the Planning Department,and shall be filed with that Department no later than five o'clock (5:00)p.m.on Tuesday one week before the Council meeting at which the Council votes upon the proposed amendment.Signatures may be removed from any protest form no later than five o'clock (5:00 )p.m.on the Friday preceding the Council meeting at which the Council votes upon the proposed amendment. Should either said Tuesday or Friday be a holiday,filing deadlines shall be extended to five o'clock (5:00)p.m.of the next working day. SECTION 2809 CONDITIONAL AMENDMENT The recommendation of the Commission concerning amendments changing zoning district boundaries may include a recommendation for approval of a change of zone conditioned upon a schedule for development of the specific use or uses for which the rezoning is requested,and ORDINANCE NO.251 PAGE FOUR OF FIVE conditioned upon compliance with a site plan approved by the Commission or conditioned on conformance with additional restrictions or requirements recommended by the Commission. The Council may then approve a change of zone with the conditions recommended by the Commission. I f a public hearing is held by the Council,the Council may approve a change of zone conditioned upon a schedule for development of the specific use or uses for which rezoning is requested as determined by the Council,conditioned upon compliance with a site plan and map approved by the Council,or conditioned on compliance with additional restrictions or regulations of the Council. If,at the expiration of the period set forth in the schedule for development,the property had not been improved for the use for which i t was conditionally approved,i t shall revert to its former zoning classification without any further action by the Council. In the event construction is not in substantial compliance with the site plan approved,or is not in conformity with the additional restrictions or regulations,the Council may revoke the zoning amendment and the property shall revert to its former zoning classification.Failure to comply with an approved site plan or failure to conform with additional restrictions or regulations, is a violation of this Ordinance. The Council may allow an extension of the period specified and may authorize changes in the approved site plan or in the additional restrictions or regulations. SECTION 2810 RECONSIDERATION OF DENIED AMENDMENTS In the event that an application for amendment is denied by the Council, or is withdrawn after the Commission hearing,the Commission shall not reconsider the application nor consider another application for the same amendment of the Ordinance as i t applies to the same property described in the original application or any part thereof,for a period of not less than one (1)year from the date of such denial or withdrawal action,unless in the opinion of the Commission there is a change in circumstances that would warrant consideration of a new application for amendment. SECTION 2811 SIGNIFICANCE OF APPROVAL Approval of rezoning constitutes authorization for the development of property under granted zoning.Rezoning approval is valid for a period of twenty-four (24)months from the date of the Council decision and may be extended once for twelve (12)months at the discretion of the Council.I f approval expires prior to substantial development upon the rezoned property,the Commission at their discretion may recommend to the Council reverse zoning to the zoning classification which existed prior to the rezoning amendment. SECTION I I REPEALING ANY CONFLICTING PROVISIONS 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 III PROVIDING FOR SEVERABILITY If any section,sub -section,sentence,phrase,clause,or portion of this Ordinance,or any part of the code adopted herein by reference is,for any reason,held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. ORDINANCE NO.251 PAGE FIVE OF FIVE SECTION IV EMERGENCY CLAUSE I t is necessary for the preservation of peace,health,and safety of the City of Apache Junction,Arizona,that this Ordinance become effective immediately,an emergency is declared to exist,and this Ordinance shall be effective immediately upon passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 17TH DAY OF APRIL ,19 84 ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Alexan City Attorney Mayor