HomeMy WebLinkAboutORD350ORDINANCE NO.350
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
PINAL AND MARICOPA COUNTIES,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE
BY REPEALING ORDINANCE NO.71 AND ALL AMENDMENTS THERETO AND ADOPTING BY
REFERENCE A NEW APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY ADDING TO THE
CITY CODE OF APACHE JUNCTION,ARIZONA,VOLUME I I LAND DEVELOPMENT CODE A NEW
CHAPTER 1 ENTITLED APACHE JUNCTION,ARIZONA,ZONING ORDINANCE;REPEALING ANY
CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING PENALTIES;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
1.Ordinance No.71,adopting the Apache Junction,Arizona,Zoning
Ordinance and all amendments thereto,including the adoption by
reference of the map entitled Zoning District Map,City of Apache
Junction,Arizona,and all amendments thereto,are hereby repealed.
2.That certain document known as the City Code of Apache Junction,
Arizona,Volume I I Land Development Code,Chapter 1,Apache Junction,
Arizona,Zoning Ordinance and hereinafter referred to as the Apache
Junction,Arizona,Zoning Ordinance,which includes by reference
the maps entitled Zoning District Map,City of Apache Junction,
Arizona,three (3)copies of which are on file in the Office of the
City Clerk of Apache Junction,Arizona,which document was made a
public record by Resolution No.85-05 of the City of Apache Junction,
Arizona,is hereby added to the City Code of Apache Junction,Arizona,
referred to,adopted and made a part thereof as i f fully set out in
this Ordinance.
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hereby repealed.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.
SECTION IV PENALTY CLAUSE
Any person found guilty of violating any provision of this Ordinance shall be
punished by a fine not to exceed $1,000.00,or imprisonment for a period not
to exceed six (6)months,or by both such fine and imprisonment.Each day
that a violation continues shall be a separate offense punishable as
hereinabove described.
SECTION V EMERGENCY CLAUSE
I t is necessary for the preservation of the 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
become effective immediately upon passage and adoption.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THIS 7TH DAY OF MARCH ,19 85 •
Weliddll J.Clar
Mayor
ATTEST:
Kathleen Connelly
City Clerk
APPROVED AS TO FORM:
D V -7.Aleiander
City\tekttorney
ORDINANCE NO.350
PAGE TWO OF TWO
CITY CLERK'S OFFICE
C •P
LAND DEVELOPMENT CODE
CHAPTER 1
ZONING ORDINANCE
APACHE JUNCTION,ARIZONA
••••'.1.
..
t
VA LA
DO NOT REMOVE
INDEX
ARTICLE SECTION TITLE PAGE
1 Short Title ............................1
2 General Purpose and Adoption
of Ordinance .........................1
3 Application of Ordinance ...............1
4 Interpretations,Purposes,and
Conflicts ............................7
5 Definitions ............................7
6 General Provisions and
Exceptions ...........................16
7 Enforcement ............................29
•8 Repeal of Inconsistent Provisions ......33
9 Severability ...........................34
10 Sale of Copies .........................34
11 Board of Adjustment and Appeals ........34
12 Procedure for Variance .................39
13 Zoning Ordinance Amendments and
Changes ..............................41
14 Zones,Maps,and Boundaries ............47
15 Residential Districts ..................48
15.0100 GR General Rural Zone ...............48
15.0200 CR-1 Single Family Residence Zone ....51
15.0300 CR-2 Single Family Residence Zone ....52
15.0400 CR-3 Single Family Residence Zone ....54
15.0500 CR-4 Multiple Family Residence Zone ..56
15.0600 CR-5 Multiple Family Residence Zone ..57
15.0700 TR Transitional Zone .................59
15.0800 TH Trailer Homesite Zone .............61
16 Commercial Districts ...................65
16.0100 CB -1 Local Business Zone .............65
16.0200 CB -2 General Business Zone ...........71
16.0300 C-1 Neighborhood Commercial/
Convenience District ................77
16.0400 C-2 Local Commercial District ........83
16.0500 C-3 General Commercial District ......86
16..0600 C-4 Heavy Commercial District ........90
17 Industrial Districts ...................94
17.0100 CI -1 Light Industry and
Warehouse Zone .....................94
17.0200 CI -2 Heavy Industrial Zone ...........98
18 Guest Ranch Regulations ................103
19 Planned Development Zoning
District ..............................104
20 Parking,Loading,and Interior
or Private Street Standards ..........116
21 Signs,Billboards,Name Plates,and
Other Outdoor Advertising ............125
22 Area and Neighborhood Plans ............131
ARTICLE 1
SHORT TITLE
SECTION 1.0101
This Ordinance may be referred to as the Apache Junction,Arizona,
Zoning Ordinance.
ARTICLE 2
GENERAL PURPOSE AND ADOPTION OF ORDINANCE
SECTION 2.0101
For the promotion and protection of the public health,peace,
safety,comfort,convenience,and general welfare,and in order to
secure for the citizens of Apache Junction,Arizona,the social and
economic advantages of an orderly,efficient use of land,there is
hereby adopted and established this Zoning Ordinance for the City of
Apache Junction,Arizona,and rules,regulations,and plans by which
the future growth and development of said City may be directed in
accordance with said Ordinance,as provided in A.R.S.9-462 et seq.
ARTICLE 3
APPLICATION OF ORDINANCE
SECTION 3.0101 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,Planning and Zoning
Commission,Board of Adjustment,Zoning Administrator,
and all other persons or agencies charged with the
administration of this Ordinance shall be strictly
1
limited by the expressed intent of the Legislature
in the enactment of the A.R.S.9-462 et seq 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/her being a
minority,either in number or in land interests
concerned in this application.
e.The right of every affected property owner to petition
and be heard whenever the application of this Ordin-
ance 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
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:
1)Established conforming uses of adjacent or surrounding
properties and having an equal or higher
classification;
2)The cost of tax -supported and other public ser-
vices to the area affected,and the increased
or decreased share of this cost which might be
borne by said area,i f a proposed use or change
of classification is permitted;and
7
3)The value of the proposed classifications and
uses to the orderly development of the neighbor-
hood or area affected.
g.The theory and use of "spot"zoning is hereby speci-
fically repudiated in the application of any class-
ification of this Ordinance to any given land area.
SECTION 3.0102 REGULATIONS (Except as herein provided)
a.All property,except that covered by statutory
exemptions,shall be hereby governed according to the
type of zone in which such zone is located,as shown
on the zoning maps adopted and made part hereof,and
shall be subject to the regulations hereinafter set
forth for such zones.The regulations applying to
specific uses and the general regulations are 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,or
designed 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 exist-
ing building be moved,reconstructed,or structurally
altered to exceed in height the limit established by
this Ordinance or amendments thereto for the zone in
which such building is located.
d.No building shall be erected,nor shall any exist-
ing 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.
3
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 classification.
SECTION 3.0103 EXEMPTIONS
The provisions of this Ordinance shall not prevent,restrict,or
otherwise regulate in any district or zone the use or occupation of
land or improvements for railroad,mining,metallurgical,grazing,
or general agricultural purposes,as defined herein provided the
tract or premises so used is not less than five (5)contiguous
commercial acres.Land shall be classified as being used for
grazing purposes when fifty percent (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 fifty percent
(50%)or more of the owner's income from said land is derived from
the production of agricultural products or from the rental of said
land for the production of said products.
SECTION 3,0104 NONCONFORMING 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 alteration 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 nonconforming business use
within any district or zone shall have the right to expansion,
provided i t does not exceed one hundred percent (100%)of the area
of the original business.Business uses as used in this Section
shall be limited to the uses described in Sections 15.0701-b,
16.0101-b,16.0201-b,16.0201-c,17.0101-c,17.0201-b,170201-c,of
this Ordinance.Area of the original business is defined as being
any land or building,or both,improved for a business purpose.
SECTION 3.0105 NONCONFORMING 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 i f such
nonconforming use is discontinued for a period of twelve (12)
months,any future use of said land shall be in conformity with the
provisions of this Ordinance.
SECTION 3.0106 NONCONFORMING 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
ordinance,or permitted by the Board of Adjustment under this
Ordinance,are made herein.I f any such nonconforming use is
discontinued for a period of twelve (12)months,any future use of
said building shall be in conformity with the provisions of this
Ordinance,provided that the owner of any building which is under
construction or vacant on the effective date of this Ordinance,and
is designed for a use not in conformity with the zoning
classification in which i t is located on said date,may,upon
application,have a certificate of nonconforming use issued by the
Zoning Administrator within sixty (60)days from the effective date
of this Ordinance,which certificate shall establish the
nonconforming character of said building for a period not to exceed
twelve (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 nonconforming use
under this Section.A certificate for an additional period of not
more than twelve (12)months may be granted by the Board of
Adjustment at or before the expiration of the original certificate
upon the showing of extreme hardship and that the surrounding area
would not be subject to additional damage thereby.
SECTION 3.0107 LAWFUL PRE-EXISTING USE -REBUTTABLE PRESUMPTION
a.Legislative Intent:The Apache Junction City
Council finds that there exist many uses of property,
land,and buildings in the City of Apache Junction
which may or may not have been lawful uses under
Pinal County codes prior to the City's incorporation;
that said uses,even i f not lawful under Pinal County
codes,have often been in existence for a period of
several years;that the records of Pinal County are
incomplete,making a determination of lawfulness or
unlawfulness impossible in many cases;that the
absence of such records causes hardships on the
citizens of Apache Junction;and that the adoption
of a rebuttable presumption of the lawfulness of those
uses would further the public health,welfare,and
safety.
The Apache Junction City Council therefore adopts
this Ordinance for the purpose of establishing a
rebuttable presumption of the lawfulness of uses of
property,land,and buildings,i f said use was in
5
existence or maintained on March 7,1985,according to an
aerial photograph dated March 7,1985,on file
with the Apache Junction Planning Department.
b.For purposes of Sections 3.0104,3.0105,and 3.0106 those
uses of land and/or buildings thereon which were
lawfully in existence or maintained on March 7,1985,
are lawful nonconforming uses.Evidence of its
existence on March 7,1985,shall be prima facie
evidence of its lawfulness.This presumption may be
rebutted by evidence establishing that said use is
not actually a lawful nonconforming use under
Sections 3.0104,3.0105,or 3.0106.Any person may bring
a complaint to the Zoning Administrator alleging the
use is not a lawful nonconforming use and not legally
in existence on the effective date of the Apache
Junction Zoning Ordinance.Such person shall provide
the Zoning Administrator sufficient evidence (which
evidence may include the public record)to rebut the
presumption of a lawful nonconforming use which is
established herein.
SECTION 3.0108 DESTROYED NONCONFORMING BUILDINGS
If,at any time,any building is in existence or maintained at
the time this Ordinance becomes effective,and which does not
conform to the regulations for the zone in which i t is located,
shall be destroyed by fire,explosion,Act of God,or act of the
public enemy to the extent of one hundred percent (100%)of its
value,according to the appraisal thereof by competent appraisers,
then and without further action by the City Council,the said
building and the land on which said building was located or
maintained shall,from and after such date of destruction,be
subject to all of the regulations specified in 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 one
hundred percent (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 nonconforming use would otherwise be permitted,and
provided permit for such construction is obtained within three (3)
months of the date of destruction and such construction is started
within six (6)months of the date of destruction.
6
ARTICLE 4
INTERPRETATION,PURPOSES,AND CONFLICTS
SECTION 4.0101
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.I t is not intended by this
Ordinance to repeal,abrogate,annul,or in any way to impair or
interfere with any existing provisions of law or ordinance
previously adopted pursuant to the laws 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.I t is not intended by this Ordinance to
interfere with or abrogate or annul any easement,covenant,or
other agreement between private parties,but where the zoning
provisions of this Ordinance are more restrictive than any existing
private restrictive covenant affecting any portion of the
incorporated area of the City,said zoning provisions shall prevail
over said private covenant.
ARTICLE 5
DEFINITIONS
SECTION 5.0101
For the purpose of this Ordinance,certain words and terms used
herein are herewith defined.When not consistent with the context,
words used in the present tense include the future;words in the
singular include the plural,and words in the plural include 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 Planning and Zoning Commission of
Apache Junction,Arizona;"Board"shall mean the Board of
Adjustment appointed under the authority of this Ordinance;and
"City"shall mean Apache Junction,Arizona.
7
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 building or their
nonpaying guests or employees.
ACCESSORY USE:A use customarily incidental and subordinate to the
principal use of a lot or building located upon the same lot or
building site.
AGRICULTURE:The tilling of soil,the raising of crops,
horticulture,animal husbandry and uses 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.
AIRPORT,COMMERCIAL:An airport,landing strip or landing field
used by or available to commercial carriers,flight training
schools,private pilots or owners of noncommercial aircraft on a
commercial basis.
AIRPORT,PRIVATE:An airport,landing strip,or landing field
owned and used by owners of noncommercial aircraft,including
private bona fide flying clubs,on a noncommercial basis.
ALLEY:A way dedicated to the public which affords a secondary
means of access to abutting property.
APARTMENT HOUSE:(See Dwelling,Multiple)
AUTOMOBILE SERVICE STATION: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 dispensing sale or offering for sale
shall be deemed to be a public garage.
BASEMENT:A story partly underground and having at least one-half
of its height,measured from its floor to its finished ceiling,
below the average grade.A basement shall be counted as a story i f
the vertical distance from the average adjoining grade to its
ceiling is over five feet (5').
BOARDING OR ROOMING HOUSE:A building,other than a hotel,where
lodging is provided,with or without meals,for compensation for
five (5)or more persons and not primarily for transients.
BUILDABLE AREA:The net portion of the lot remaining after
deducting all required yards from the gross area of a lot or
building site.
8
BUILDING:A structure having a roof supported by columns or walls.
BUILDING HEIGHT:The vertical distance above a referenced datum
measured to the highest point of the coping of a flat roof or to
the deck line of a mansard roof or to the average height of the
highest gable of a pitched or hipped roof.The referenced datum
shall be selected by either of the following,whichever yields a
greater height of building:
1.The elevation of the highest adjoining sidewalk or ground
surface within a five foot (5')horizontal distance of the
exterior wall of the building when such sidewalk or ground
surface is not more than ten feet (10')above lowest
grade.
2.An elevation ten feet (10')higher than the lowest grade
when the sidewalk or ground surface described in Item 1
above is more than ten feet (10')above lowest grade.
The height of a stepped or terraced building is the maximum
height of any segment of the building.
BUILDING SITE:The ground area of a building or buildings together
with all open spaces adjacent thereto as required by this
Ordinance.
BULK STATION:A place where liquified petroleum,gas,crude
liquid;except such as will stand a test of 150 °Fahrenheit,closed
cupped testers,are stored in wholesale quantities where the
aggregate capacity of all storage tanks is more than 10,000
gallons.
CHURCH:A building or group of buildings used primarily as a place
of communion or worship.Includes convents,religious educational
buildings and parish houses,but not parochial schools.
COMMERCIAL ACRE:36,000 square feet of land,exclusive of streets
and alleys.
COMMUNITY SERVICE AGENCY:An organization such as an orphanage,
home for the aged,Y.M.C.A.,Y.W.C.A.,Boy Scouts,or Girls Scouts,
C.Y.O.,Y.M.H.A.,Campfire Girls,or any similar agency organized
as a nonprofit corporation or supported in whole or in part by
public subscription and primarily established to serve the social
or welfare needs of the community or any part thereof,and not
organized for the personal profit of any individual,group of
individuals,or corporation.
9
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.
DWELLING,DUPLEX:A building containing only two (2)dwelling
units.
DWELLING,GROUP:A group or more of detached or semi-detached
one -family duplex,or multiple dwellings occupying a parcel of land
in one (1)ownership,and having any yard or court in common,
including house court and apartment court,but not including
tourist court.
DWELLING,MULTIPLE:A building portion thereof containing three
(3)or more dwelling units.
DWELLING,ONE -FAMILY:A building containing only a single dwelling
unit.
DWELLING UNIT:A room or suite of two (2)or more rooms that is
designed for or is occupied by one (1)family doing its own cooking
therein and having only one (1)kitchen.
FAMILY:Any number of individuals related by blood or marriage,or
not more than five (5)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.
FERTILIZER YARD OR PROCESSING PLANT:A place where animal matter
is collected,processed,or stored on a commercial basis.
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.
GARAGE,PUBLIC:Premises;except those herein defined as a private
or storage garage,used for the storage of cars or self-propelled
vehicles,or where such vehicles are equipped for operation,or
repaired,or kept for hire or sale.
GARAGE,STORAGE:Premises,other than those herein defined as a
private or public garage used exclusively for the storage of
self-propelled vehicles and for no other purpose whatever.
10
GRAZING:The feeding of domestic livestock on an open range or
fenced pasture for commercial purposes and uses customarily
incidental thereto,but not including commercial slaughter houses,
stockyards,fertilizer yards,bone yards,or plants for the
reduction of animal matter.
GUEST RANCH:A resort hotel and/or group of buildings containing
sleeping units,having a building site of not less than four (4)
commercial acres.
HOME OCCUPATION:An activity carried on by the occupant of a
dwelling as a secondary use,including professional and
semi-professional offices,when conducted and entered from within
the dwelling,in connection with which there is no public display
of stock in -trade upon the premises,not more than one (1)
nonresident of the premises is employed and not more than
one-fourth of the floor area of one (1)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.
HOSPITAL:A building or group of buildings arranged,intended,
designed,or used for the housing,care,observation,and treatment
of sick human beings.
HOTEL:A building containing six (6)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.
HOTEL RESORT:An American -plan hotel,the buildings of which
occupy not more than thirty percent (30%)of the building site.
KITCHEN:Any room in a building which is used,intended,or
designed to be used for cooking or preparation of food.
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 parts
thereof,provided that a close boarded fence or imperforated wall
not less than six feet (6')in height,nor more than eight feet
(8')in height be constructed around the perimeter of the site.
11
LOT:An area or parcel of land under one (1)ownership abutting at
least one (1)street at the time of adoption of this Ordinance.
LOT,CORNER:A lot located at the junction of two (2)or more
intersecting streets,having an interior angle of less than 135 °,
with a boundary line thereof bordering on two (2)of the streets.
The point of intersection of the street lot lines is the corner.
LOT,INTERIOR:A lot which is not a corner lot.
LOT,KEY:A lot abutting along the entire length of at least one
(1)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 (2)
such key lots.
LOT,THROUGH:An interior lot having frontage on two (2)parallel
or approximately parallel streets.
LOT DEPTH:The horizontal distance between the front and rear lot
line measured in the mean direction of the side lot lines.
LOT LINE:A property line bounding a lot.
LOT LINE,FRONT:In the case of a lot abutting only one (1)
street,the line separating such lot from the street.In the case
of a corner or through lot,the owner may elect any street lot line
as the front lot line,provided such choice,in the opinion of the
Zoning Administrator,will not be injurious to the existing or
desirable future development of adjacent properties.
LOT LINE,REAR:The lot line which is opposite and most distant
from the front lot line.The rear lot line or an irregular,tri-
angular,or gore lot shall for the purpose of this Ordinance be a
line entirely within the lot at least ten feet (10')long and par-
allel to and most distant from the front lot line.
LOT LINE,SIDE:Any lot line not a front or 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 a street or alley.
LOT LINE,STREET OR ALLEY:The mean horizontal width or a lot
measured at right angles to the depth.
METALLURGICAL:Includes the land used in treating and reducing
metal bearing ores by mechanical,physical,or chemical methods on
a commercial basis and uses incidental thereto,but does not
include permanent residential housing or the fabricating of metals
or metal materials.
12
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.
MOBILE HOME:A family dwelling unit,factory built and factory
assembled,designed for conveyance,after fabrication,on streets,
and highways on its own wheels or on flatbed or other trailer,and
arriving at the site where i t is to be occupied as a dwelling unit
complete and ready for occupancy;except for minor and incidental
unpacking and assembly operations such as location on jacks or
other foundations,connections to utilities and the like.
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
accomodat ions.
MOBILE HOME SPACE:A plot of ground within a mobile home park or
trailer park designed for the accomodation of one (1)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.
MOBILE HOME SUBDIVISION:A subdivision designed and intended for
residential use where residence is in mobile home exclusively.
NONCONFORMING USE:Use of a building or of land that does not
conform to the regulations as to use for the district in which i t
is located.
NURSERY:A place where young trees or other plants are raised for
transplanting or for sale,but does not include commercial
fertilizer yard or processing plant.
PROFESSIONAL:Includes accountants,architects,chiropodists,
dentists,engineers,lawyers,naturopaths,osteopaths,physicians,
surgeons,surveyors,veterinarians.
RAILROAD:Includes the land used for general railroad purposes,
including mainline and switching trackage,repair shops,stations,
communications,equipment,round houses,and storage facilities,
but 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.
RETAIL:The business of selling personal property directly to the
ultimate consumer for any purpose other than for resale,or
providing services or entertainment to the general public.
13
SANATORIUM (Includes "Sanitarium"and "Rest Home"):A building or
group of buildings arranged,intended,designed,or used for the
housing,care,treatment of sick people or convalescents other than
those mentally i l l or afflicted with infectious,contagious,or
communicable diseases.
SEMI-PROFESSIONAL:Includes insurance brokers,photographic
studios,public stenographers,real estate brokers,stock brokers,
and other persons who operate or conduct offices which do not
require the stocking of goods for sale at wholesale or retail,but
does not include barbers,beauty operators,cosmetologists,
embalmers,or morticians.
SETBACK:The least horizontal distance between a building and a
lot line.
SPOT ZONING:Zoning not compatible to the area;no other existing
like zoning in the area;not an extension of an existing zoning
district;zoning which does not fit area or neighborhood plan.Lot
size has no bearing on spot zoning.
STABLE,COMMERCIAL:A stable for horses which are let,hired,
used,or boarded on a commercial basis for compensation.
STABLE,PRIVATE:A stable for horses which are used by the owners
of the property and their guests without compensation.
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.
STREET:A way dedicated to the public which affords the principal
means of access to abutting property.
STRUCTURE:Anything constructed or erected,the use of which
require location on the ground or attachment to something having a
location on the ground,but not including walls and fences less
than four and one-half feet (4-1/2')in height when located in
front yards,or less than six feet (6')in height when located in
side or rear yards.
STRUCTURAL ALTERATION: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.
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 to owners or users of
tent camping equipment for the purpose of securing their trade.
14
TOURIST COURT (Includes "Motel,""Auto Court,"and "Automobile
Court"):A building or group of buildings on the same lot,whether
detached or in connected rows,containing individual sleeping or
dwelling units and designed for or occupied by automobile travelers
or other transient tenants.
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
motor power or other means.
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.
TRAILER HOME SPACE:See "Mobile Home Space."
TRAVEL TRAILER:Trailer coach not exceeding eight feet (8')in
width,nor more than thirty-three feet (33')in length.
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
accomodat ions.
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.
YARD,FRONT:A yard extending the full width of the building site
between the front lot line and the nearest line of the main
building or the nearest line of any enclosed or covered porch.
YARD,REAR:A yard extending across the full width of the building
site between the rear lot line and the nearest rear line of the
main building or the nearest line of any enclosed or covered porch.
Where a rear yard abuts a street,i t shall meet front yard
requirements.
YARD,SIDE:A yard extending from the front yard to the rear yard
between the side lot line and the nearest line of the main
building.
15
ARTICLE 6
GENERAL PROVISIONS AND EXCEPTIONS
SECTION 6.0101 ADDITIONAL USE REGULATIONS AND CONDITIONAL USES
The City Planning and Zoning 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.
Before issuance of any conditional use for any of the above
buildings,structures or uses,or before the change of use of the
premises existing at the time of the effective date of this
Ordinance,or as permitted herein provided,is made,preliminary
plans in sufficient detail and a statement as to the proposed use
of the buildings,structures,and premises shall be submitted to
the Commission.These plans and statements shall be referred to
the Commission for study and report and for public hearing.The
Commission shall review such plans and statements and shall,after
a careful study thereof on 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 safeguards will be
provided for the protection of surrounding persons and neighborhood
values.
16
Any buildings,structures,or uses listed in paragraph 1 of
this Section,existing at the effective date of this Ordinance,
shall be considered a nonconforming use,unless i t has qualified as
provided above,and has secured a Conditional 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 Commission.
SECTION 6.0102 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 (2)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
weight.
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 yard setbacks 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 yard setbacks of the zone.
SECTION 6.0103 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 Subsection 17.0201-e.
17
SECTION 6.0104 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 automobile parking space,provided the conditions of
Section 20.0103 are complied with;that a front yard of twenty
feet (20')be provided,planted and maintained in keeping with the
residential neighborhood;that side and rear yards of ten feet
(10')each be provided;and that no entrance be provided from an
alley at the rear of said parking lot.
SECTION 6.0105 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 (4')above the height limit of the
building,radio or television towers,masts and aerials,
silos,smokestacks,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 forty feet (40'),
provided the minimum side and rear yard setbacks are
increased by an additional foot,in width or depth for
each foot by which the height of such building exceeds
the maximum height permitted in the zone in which such
building is to be located.
c.Bulkheads,elevators,penthouses,monitors,scenery loft,
ind water tanks,provided that such structures above the
height limits specified for the zone shall not in the
aggregate occupy more than twenty-five percent (25%)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 i f the
structure is within twenty-five feet (25')of such street
lot line.
d.Monuments or towers,including fire or hose towers,
cooling towers,gas holders,grain elevators,sugar
refineries,or other structures where the manufacturing
process requires a great height,provided that such
structures above the height limit specified for the zone
shall not in the aggregate occupy more than twenty-five
percent (25%)of the area of the lot,shall be distant not
less than twenty-five feet (25')from every lot line not
18
a street lot line,and not less than one foot (1')from
the opposite side of each abutting street for each foot of
the vertical height.
SECTION 6.0106 SPLITTING OF LOTS
No lot or parcel of land held under one (1)ownership shall be
reduced in size below the minimum lot area or lot width required by
this Ordinance,and no building or use permit shall be issued for
such deficient lot or parcel or portion thereof;except that on one
street frontage of any one block of a subdivision where lots having
less than the minimum lot area or lot width existed prior to the
effective date of this Ordinance,and existing unimproved lots are
isolated from other unimproved lots so that minimum size building
sites cannot be reasonably made,the existing unimproved lots may
be used i f split in accordance with the pattern previously
established for the block,provided that any new lot or building
site so formed has not less than eighty percent (80%)of the
minimum lot area and lot width required in the zone.
SECTION 6.0107 LOT SPLITTING FOR TOWNHOUSES
In zones designated CR-4,CR-5,TR,and CB -1,single dwellings
constructed as part of a series of dwellings,all of which are
either attached to the adjacent dwelling or dwellings by party
walls,or are located immediately adjacent thereto with no visible
separation between walls or roofs,may be individually owned i f so
indicated upon the plat setting forth the area of individual
ownership.Where common areas,private roads,or common open space
are provided,i t shall be a requirement that a mandatory home
owner's association,as provided in Section 6.0127,be established
so long as the property use remains.The lots so created shall be
subject to all Apache Junction subdivision regulations.The
density requirement under this Section shall be no more than one
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.
SECTION 6.0108 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 for any lot for which a bona fide deed
of record is 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 in effect at the time this Ordinance becomes effective,and
said map,deed,or contract of sale i f of record on said date,and
to any lot split in accordance with Sections 6.0106 and 6.0107.
19
a.Any such lot may be used as a building site,provided the
yard and other requirements of this Ordinance are complied
with,or provided further,that i f 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
11.0103-d of this Ordinance as being in harmony with the
purposes of said Section,the Zoning Administrator may
issue a permit under said private restrictions as to
yard and area requirements for any use permitted by this
Ordinance for said lot,but no permit shall be issued for
more than one (1)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 setback may be reduced by two
inches (2")for each one foot (1')by which such lot is
narrower than fifty-five feet (55'),provided that no
minimum side yard setback shall be narrower than five
feet (5').
c.The minimum rear yard setbacks may be reduced three inches
(3")for each one foot (1')by which such lot is less than
125 feet in depth,provided that no minimum rear yard
setback shall be less than twenty feet (20').
SECTION 6.0109 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 fifteen feet (15')for one (1)dwelling
unit and at least twenty feet (20')for two (2)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.
20
SECTION 6.0110 STRUCTURES IN FRONT YARDS ON CORNER LOTS
On any corner lot,no fence,structure,sign,or planting
shall be erected or maintained within twenty feet (20')of the
property corner so as to interfere with traffic visibility across
the corner,unless a twenty foot (20')by twenty foot (20')cut-off
has been provided at the intersection.
SECTION 6.0111 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 i f only one of the lots is
built upon,such front yard of the adjoining lot and the
minimum front yard of the zone,provided no such front
yard shall be less than ten feet (10').
b.In any CB -1 or CB -2 zone where one or more buildings are
being used for commercial or industrial purposes and
located on interior lots that have the minimum front yard
required on all other lots within the same block front and
the lot proposed for development is not more than
500 feet from said existing building,the front yard
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.
SECTION 6.0112 EXCEPTIONS FOR WALLS AND FENCES
The yard requirements of this Ordinance shall not apply to
walls or fences less than four feet,six inches (4'6")in height
when located in front yards,or less than six feet (6')in height
when located in side or rear yards.
SECTION 6.0113 PROJECTIONS INTO YARDS
Unenclosed porches and stairways,unroofed and unenclosed
above or below floors or steps,may project not more than three
feet (3')into any minimum side or rear yard.Unroofed swimming
pools and open terraces not over three feet (3')high above the
average natural grade and distant at least five feet (5')from
every lot line may project into any minimum side or rear yard.In
any business or industrial zone,a marquee,canopy,or awning
21
suspended or cantilevered from a building,either for the purpose
of or giving the appearance of shelter or shade,may project not
more than ten feet (10')into any minimum front yard.
SECTION 6.0114 REAR YARD AND ADJOINING ALLEY
A minimum rear yard may be measured to the center line of an
alley adjoining such yard,provided that the required rear yard
shall not be reduced more than ten feet (10').
SECTION 6.0115 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 ten feet (10')
from the rear property line,provided the minimum side yard on the
street side is increased by ten feet (10')and the off-street
parking provisions of this Ordinance are complied with.
SECTION 6.0116 ACCESSORY BUILDING ATTACHED TO MAIN BUILDING
An accessory building attached to the main building shall have
at least fifty percent (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 of the main
building.
SECTION 6.0117 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 ten feet (10')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.
SECTION 6.0118 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.
SECTION 6.0119 EXCEPTION FOR SLOPE
Parking spaces or detached garages may be occupied or built to
within five feet (5')of the street line on any lot where the slope
of the front half of the lot is greater than one foot (1')rise or
fall in a seven foot (7')run from the established street elevation
22
at the property line or where the elevation of the front half of
the lot is more than four feet (4')above or below the established
street elevation at the property line.
SECTION 6.0120 MAINTENANCE OF STOCK -TIGHT FENCES
All livestock and poultry kept in 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.
SECTION 6.0121 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 ten (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 twelve (12)months,but the permit
may be extended or renewed for an additional period of twelve (12)
months i f fifty percent (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 thereof,the
builder's yard,warehouse,or real estate office shall be removed
from the premises where located within sixty (60)days from the
date of expiration.
SECTION 6.0122 REDUCTION OF LOT SIZE REQUIREMENTS IN THE CR-1
ZONE
Minimum lot size requirements for lots in subdivisions 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 (1)per gross acre of the area of the
subdivision zoned 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.
23
d.That an area is dedicated or otherwise permanently
reserved for park or recreation purposes,whether by
dedication to the public or by conveyance of an undivided
interest to each lot owner within the subdivision or by
appropriate deed restrictions or by other governmental
acquisition processes;that the total extent of said park
or recreation area 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 12,000 square feet;that in
no event is the size of any single park or recreation
area less than four (4)acres;and that said park or
recreation area,whether dedicated to the public or not,
are reasonably available to all lot owners within the
subdivision.
SECTION 6.0123 REDUCTION OF LOT SIZE REQUIREMENTS IN THE CR-2
ZONE
Minimum lot size requirements for lots in a subdivision may be
approved by the 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
than two (2)lots per gross acre of the area of the
subdivision zoned CR-2.
b.That the subdivision and all park and recreation areas
conform to the 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.
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 (4)acres;and that
said park or recreation area,whether dedicated to the
public or not,are reasonably available to all lot owners
within the subdivision.
24
SECTION 6.0124 REDUCTION OF LOT SIZE REQUIREMENTS IN THE CR-3
ZONE
Minimum lot size requirements for lots in a subdivision may be
approved by the Council in CR-3 zones for reduction from 7,000 to
5,000 square feet where the following conditions exist and the
Commission finds and certifies them to the City Council:
a.That in total there are no more individual one -family
lots than 3.4 lots per gross acre of the area of the
subdivision zoned CR-3.
b.That the subdivision and all park and recreation areas
conform to the City Plan,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 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 (4)acres;and that said park
or recreation area,whether dedicated to the public or
not,are reasonably available to all lot owners within
the subdivision.
SECTION 6.0125 APPROVED PLAT RECORDATION REQUIRED FOR LOT
SIZE REDUCTION
No approval of a minimum lot size reduction under Sections
6.0122,6.0123,or 6.0124 shall be effective until a subdivision
plat complying with the Commission's findings and certification
under said Sections,and approved by the Commission and City
Council is recorded in the Office of the County Recorder of Pinal
County,Arizona.
25
SECTION 6.0126 INDIVIDUAL LOT SIZE REDUCTIONS
Sections 6.0122,6.0123,and 6.0124 shall not affect the
powers of the Board of Adjustment under Section 11.0103-d to allow
reduction of individual lot sizes on the basis provided in said
Section.
SECTION 6.0127 HOMEOWNERS ASSOCIATION
As part of the presentation of any proposed planned resi-
dential development,the developer shall submit a set of covenants
running with the land providing for an automatic membership home-
owners association to be an incorporated,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 activi-
ties of the organization.The corporation charter shall be renewed
in accordance with State law so long as the property use remains.
I t shall also provide that nonpayment of charges,dues,or assess-
ments shall become a lien on the property through which the home-
owners association may take appropriate legal action to enforce
any violations.The covenants shall also state the duties,obliga-
tions,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 homeowners
association.I t 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 thereof,a bond shall be posted for the
completion of said open space area prior to the sale of
any lot,site,unit,or dwelling.
b.The open space area shall constitute 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:any private open areas;parks;
recreational facilities and streets;and a hold harmless
clause shall be incorporated to this effect in the
covenants running with the land.
26
SECTION 6.0128 SWIMMING POOLS,POOLS,AND PONDS
Definition:For the purpose of this Section,the term "Pool"
shall include inground or above -ground swimming
pools,wading pools,fish ponds,shallow
decorative ponds,and/or any •body of contained
water in excess of an eighteen inch (18")depth
or in a hazardous location accessible to
children.
a.Enclosure Details
All pools shall be enclosed by a concrete wall,
masonry wall,or fencing not more than six feet (6')
in height,nor less than five feet (5')in height
and maintained in good repair and condition.
I f the wall,fence,or gate material is of such
design or construction that there are openings in
the enclosure,all such openings shall be of
such size that 77pherical object three inches
(3")in diameter cannot pass through the opening.
I f the wall,fence,or gate material is of such
design or construction that there are openings
between the underlying ground and the bottom of
the wall,fence,or gate,all such openings
shall be of such size that a spherical object three
inches (3")in diameter cannot pass under such
opening.
b.Gates and Latches
All pools shall have constructed and maintained
irrgood working condition,self latching and self
closing gates i f access openings are provided in
pool walls or fences.
Latches shall be located at least four and one-half
feet (4-1/2')above the underlying ground on the
inside of the enclosure and with no means of
opening the gate from the outside other than by
reaching over the enclosure and otherwise made
inaccessible from the outside to small children.
27
c.Location
1)In the CR-1,CR-2,and CR-3 zones,pools shall
be permitted,provided such pool is located
in the rear yard or buildable area behind the
main building on the lot or parcel,no closer
than seven feet (7')to any property line.Pools
adjacent to alleys shall be located no closer
than four feet (4')from said alley line.
2)In districts other than CR-1,CR-2,and CR-3
zones,pools shall be permitted,provided such
pool is located within the rear yard or buildable
area.Such pools shall not be located within
seven feet (7')of any property line;except
that pools adjacent to an alley shall be located
no closer than four feet (4')from said alley
line.
3)On a corner lot in any residence or CR-1 zone,
the rear of which abuts the side of a
residential lot,pools shall not be constructed
within twelve feet (12')of the side property
line on the street side.In addition,all pool
accessories and equipment must be located in
the fenced rear yard area at least ten feet
(10')from the side property line on the street
side.
4)No public swimming pool shall be located closer
than twenty-five feet (25')to any lot line of
the lot on which i t is situated.
SECTION 6.0129 DEDICATION OF PUBLIC RIGHT-OF-WAY REQUIRED
The City Council may require as a condition of rezoning the
public dedication of rights -of -way as streets in compliance with
the Apache Junction Street Classification Plan and including twenty
foot (20')by twenty foot (20')cut-offs at street intersections;
alleys,public ways,drainage,and public utilities as are
reasonably required by or related to the effect of the rezoning.
28
ARTICLE 7
ENFORCEMENT
SECTION 7.0101 RESPONSIBILITY FOR PERMITS
I t shall be the duty of the City Zoning Administrator and all
departments,officials,and public employees vested with the duty
or authority to issue permits or licenses,to enforce the
provisions of this Ordinance and issue no such license or permit
for uses,buildings,or purposes where the same would be in
conflict with the provisions of this Ordinance and any such license
or permit issued in conflict with the provisions of this Ordinance
shall be null and void.
SECTION 7.0102 USE PERMIT REQUIRED
From and after the effective date of this Ordinance,i t shall
•be unlawful to erect,construct,reconstruct,alter,or change the
use of any building or 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 City
Zoning Administrator.
SECTION 7.0103 APPLICATION FOR PERMIT
a.The applicant for a permit shall provide the Zoning
Administrator with sufficient information regarding the
proposed construction or use for the interpretation and
enforcement of the provisions of this Ordinance and for
the guidance and assistance of the City Engineer,the
County Health Department,the County Assessor,and any
other public agency in the discharge of their regularly
described duties.Required information shall include
the following:
1)The legal description of the property upon which the
improvement is to be made;and
2)The street address of the property;and
3)The nature of the use to which the improvement is to
be put;and
4)The type of building to be erected;and
5)The dimensions of the building site and of the
improvement;and
29
6)The distance that improvement is to be from all lot
lines of the building site;and
7)The elevation of said improvement showing the height
thereof,the location of water and sewer lines
serving said improvement;and
8)I f said improvement is not connected with a public
sewer,then the location of the private disposal
system which will serve said improvement,the
location of existing uses and buildings;and
9)Such other information as the Zoning Administrator
may require for the purpose of determining whether
said permit may be issued under the terms of this
Ordinance.
b.Except for applicants exempt from the provisions of
Arizona Revised Statutes,Title 32,Chapter 10,each
applicant for a permit shall file a signed statement
that the applicant is currently licensed under the
provisions of Title 32,Chapter 10,and shall provide
his/her license number.I f 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,and/or plumbing contractor who
will be employed on the work.
SECTION 7.0104 TIME LIMIT
The use of the permit shall be valid for a period of nine (9)
months from the date of its issuance and shall otherwise expire i f
unused.Any appeal from the granting of the permit shall suspend
the running of the time limit herein during the period of appeal.
SECTION 7.0105 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.
30
SECTION 7.0106 NOTICE TO ASSESSOR
Sufficient copies of the permit containing the necessary
information as outlined herein shall be made so that one (1)copy
may and shall be transmitted immediately by the Zoning
Administrator to the County Assessor.
SECTION 7.0107 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 ordinance or law.No permit
presuming to give authority to violate or cancel any
of the provisions of this Ordinance or any existing law
shall be issued,and i f issued shall not be valid;
except insofar as the work or use which i t authorizes
is lawful and permitted.
b.Pinal County building or use permit legally issued not
more than sixty (60)days prior to the effective date of
this Ordinance shall be honored by the Building Official
within nine (9)months after the effective date of this
Ordinance.The Building Official shall recommend that a
City building permit be issued when construction details
conform to codes and construction ordinances which become
effective July 1,1979 and pertinent County zoning
regulations in effect at the time the County permit was
issued.The amount of the fee paid for the County permit
shall apply to the City permit and the balances must be
paid before a City permit is issued.
c.Building permits legally under construction with a
building or use permit issued by the Pinal County
Planning and Zoning Commission prior to the effective
date of this Ordinance,and the exterior walls of which
have been completed to the plate line or beyond,shall
not be required to secure a City building permit,but
the City shall require that buildings shall be
structurally safe and conform to pertinent County zoning
regulations in effect at the time the County permit was
issued.
d.Buildings legally under construction on the 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 $1,000.00 in replaceable
value shall be required to secure a City building permit,
31
and from the effective date of this Ordinance,all
construction shall conform to the pertinent City
Building Code and conform to pertinent County zoning
regulations in effect at the time the permit was issued.
The replaceable value shall be construed to mean the
expenditure necessary to duplicate the materials and
labor at market prices.
e.No building which becomes nonconforming upon the passage
of this Ordinance,or which becomes nonconforming due to
an amendment to this Ordinance shall be built unless
construction has taken place thereon to the extent of
at least $1,000.00 in replaceable value by the date on
which this Ordinance of said amendment becomes effective.
f .Any use or activity conducted contrary to County zoning
regulations at the effective date of this Ordinance and
the continuance thereof shall constitute a violation of
this Ordinance.
SECTION 7.0108 CERTIFICATE OF OCCUPANCY
Upon application by the owner of any property which does not
conform to all the provisions of this Ordinance and amendments and
codes,or which is exempted from zoning regulations by statute as
specified in Section 3.0103,or which is located in any portion of
the GR zone where a use permit is not required,the Zoning
Administrator shall inspect said premises and upon a determination
that i t meets the required City ordinances and codes,and thereupon
shall issue a Certificate of Occupancy establishing the character
of use of said property and its conformity or nonconformity with
the terms of this Ordinance.
SECTION 7.0109 ENFORCEMENT BY CITY OFFICIALS
I t shall be the duty of the Chief of Police of Apache
Junction and of all officers of said City otherwise charged with
the enforcement of the law to enforce this Ordinance and all of the
provisions of the same.
SECTION 7.0110 LEGAL PROCEDURE
Any building,structure or improvement erected,built,moved,
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
32
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.
SECTION 7.0111 PENALTIES
Any person found guilty of violating any provision of this
Ordinance shall be guilty of a misdemeanor,and upon conviction
thereof shall be punished by a fine not to exceed $1,000.00 and by
imprisonment for a period not to exceed six (6)months,or by both
such fine and imprisonment.Each day that a violation continues
shall be a separate offense punishable as hereinabove described.
SECTION 7.0112 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 to prevent the enforcement,
correction,or removal thereof.In addition to other remedies
provided in this Article,any adjacent or neighboring property
owner who shall be especially damaged by the violation of any
provision of this Ordinance,may institute in addition to other
remedies provided by law,injunction,mandamus,abatement,or other
appropriate action,proceeding,or proceedings to prevent,abate,
or remove such unlawful erection,construction,reconstruction,
alteration,maintenance,or use.
ARTICLE 8
REPEAL OF INCONSISTENT PROVISIONS
SECTION 8.0101
All ordinances and portions of ordinances of Apache Junction
in conflict herewith are hereby expressly repealed.
33
ARTICLE 9
SEVERABILITY
SECTION 9.0101
This Ordinance and the various parts thereof are hereby
declared to be severable.I f 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.
ARTICLE 10
SALE OF COPIES
SECTION 10.0101
Copies of this Ordinance may be sold by the City and all
monies received therefrom shall be paid to the City Treasurer as
provided by law.
ARTICLE 11
BOARD OF ADJUSTMENT AND APPEALS
The Board of Adjustment,as hereinafter established,may
permit variances in the application of certain provisions of this
Ordinance where practical difficulties or unnecessary hardship
would result from a strict application of the regulations.
34
SECTION 11.0101 CREATION AND APPOINTMENT
There is hereby created,as provided by law,a Board of
Adjustment for the City of Apache Junction,Arizona.The Board of
Adjustment shall be composed of seven (7)members,each of whom
shall be a resident of the City.The members of the Board shall be
appointed for terms of three (3)years each,unless sooner removed
by the City Council,either with or without cause;except that
initially two (2)members shall be appointed for a term of one (1)
year each,commencing July 1,1979;three (3)members shall be
appointed for a term of two (2)years each,commencing July 1,
1979;and two (2)members shall be appointed for a term of three
(3)years each,commencing July 1,1979.Thereafter,members shall
be appointed for terms of three (3)years.
SECTION 11.0102 PROCEDURE
The Board of Adjustment shall meet regularly,at least once a
month or more often i f necessary for the transaction of business.
All meetings shall be open to the public.I t 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 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.
SECTION 11.0103 POWERS
The authority of the Board of Adjustment shall extend only to
the interpretation of the Zoning Ordinance,to the granting of
variances and to the adjustment of regulations to overcome
practical difficulties and prevent unnecessary hardship in the
application of regulations contained herein.The Board of
Adjustment shall have the power to:
a.Interpret the Zoning Ordinance when the meaning of any
word,or phrase of a section is in doubt,when there
is 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 (1)ownership at the time
of enactment of this Ordinance.
35
9.
c.Hear and decide appeals where i t is alleged by the
appellant that there is an error in any order,require-
ment,decision,grant,or refusal made by the Zoning
Administrator in the enforcement of the provisions of
this Ordinance.Appeals must be taken within thirty
(30)days of said decision.
d.Allow a reduction of building site area and yard
requirements where,in its judgement,the shape of the
building site,topography,location of existing
buildings,or other conditions make a strict compliance
with said regulations impossible without practical
difficulty or hardship,but in no case,except as
hereinafter provided,shall these regulations be
reduced in such manner as to violate the intention and
purpose of this Ordinance.
e.Authorize a variance of area requirements for portions
of a new subdivision presented to the Commission for
its approval after the effective date of this Ordinance,
where because of special problems of terrain and
topography,i t is economically unfeasible and physically
impractical to enforce the minimum area requirements of
the zone as applied to said subdivision,provided the
total substandard areas do not exceed fifty percent (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 thoroughfare.
Permit in any zone such modification of the requirements
of this Ordinance as said Board may deem necessary to
secure an appropriate development of a building site,
where adjacent to such site there are buildings or uses
that do not conform to regulations prescribed by this
Ordinance for the zone in which these buildings or uses
are located.
h.Authorize the temporary use of a building or premises in
any zone for a purpose or use that does not conform to
the regulations of this Ordinance,provided that such
use can be of a true temporary nature and does not
involve the erection of substantial buildings.Such
permit shall be in the form of a temporary and revocable
permit for not more than a nine (9)month period,subject
36
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 nonconforming hardship use
permit on the basis of plans filed with the Commission
within 180 days after the enactment of this Ordinance,
said permit may be issued at any time within two (2)
years from the effective date of this Ordinance,and
i f any temporary government regulations prohibiting
the proposed development is in full force and effect
during said two (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.
i •Authorize a certificate of nonconforming use for an
additional period of not more than twelve (12)months
from the expiration date of the original certificate,
as provided in Section 3.0106,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 i t 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 20 i f i t should find that
in the particular case,the peculiar nature of the
building or premises or the exception,situation,or
condition would mitigate the need for the parking spaces
specified.
1.Authorize variances from the strict application of the
provisions of this Ordinance in cases in which the strict
application of such provisions would result in the
serious impairment of substantial property right,
provided the long-term interests of the community are
given full consideration.The applicant at the hearing
shall present a statement and adequate evidence in such
form as the Board shall require.
1)That there are special circumstances or conditions
attached to the property upon which the proposed
building,structure,or other improvement is sought
to be erected or placed,which circumstances or
37
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 necessary
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 interference with the general purposes and
intent of this Ordinance.
3)Interpreting and applying the provisions of this
Ordinance shall be held to the minimum requirements
adopted for the promotion of public safety,health,
convenience,comfort,prosperity,and general
welfare.I t is not intended by this Ordinance to
repeal,abrogate,annul,or in any way to impair
or interfere with any existing provision of law or
ordinance previously adopted pursuant to the laws
relating to the use of buildings or premises,or
relating to the erection,construction,establish-
ment,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 Ordinance,and to that
extent and no more the same are hereby repealed.
I t is not intended by this Ordinance to interfere
with or abrogate or annul any easement,covenant,
or other agreement between private parties,but
where the zoning provisions of this Ordinance are
more restrictive than any existing private -
restrictive covenant affecting any portion of the
incorporated area of the City,said zoning
provisions shall prevail over said private covenant.
38
ARTICLE 12
PROCEDURE FOR VARIANCE
SECTION 12.0101 APPLICATION
Application for any permissable variance of regulations,as
provided herein,shall be made by the owner or his authorized
representative to the Board of Adjustment on forms provided.Said
application shall be filed with the Office of Planning and shall be
accompanied by the following:
a.Accurate plot plans and descriptions of the property
involved and the proposed use with preliminary floor
plans and elevations of all proposed building.
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 (6)months after issuance of permit.
c.A list showing the names and addresses of all persons,
firms,or corporations appearing on 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.Said list must be obtained from
current records of the Pinal County Assessor's office and
must contain the names,addresses,city,state,zip code,
and parcel number of all persons shown as owning land
on said records,and must be certified as to completeness
by the applicant or his authorized representative.The
Planning Department staff shall satisfy themselves as to
the completeness of said list prior to setting a date for
the public hearing.
d.Filing Fee of 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 City of Apache Junction,at
the time of filing the application,and shall not be
refundable.
e.Public Hearing:Upon determination of the complete-
ness of the application,the Board of Adjustment shall
proceed to hold a public hearing on the application at
which all persons whose .property is affected,and the
general public shall be given an opportunity to be
heard.Notice of the time and place of the hearing,
including a general explanation of the matter to be
39
considered and a general description of the area shall
be given at least fifteen (15)days before the hearing
in the following manner:
Publication of the notice at least once in a news-
paper of general circulation in the City of Apache
Junction;posting the notice in conspicuous places
close to the property affected;and by depositing
in the United States mail notices thereof addressed
to the last owner of record as shown on the list
submitted by the applicant under the provisions of
Section 12.0101-c of this Ordinance.
SECTION 12.0102 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 the following:
a.There are special circumstances or conditions
applicable 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 work-
ing in the neighborhood,and will not be materially
detrimental to the public welfare or injurious to
property or improvements in the neighborhood.
SECTION 12.0103 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;i t may
approve or conditionally approve the issuance of said permit and
transmit notice of its actions to the Zoning Administrator.A
report of its findings and recommendations and any conditions
imposed or required shall also be submitted promptly to the
Commission and City Council.
40
SECTION 12.0104 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 Superior Court within thirty (30)
days from the date said disapproval is officially entered on the
minutes of the Board.I f 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 12.0105
and 12.0106.
SECTION 12.0105 CONDITIONAL APPROVAL
In approving any variance,the Board of Adjustment may
designate such conditions in connection therewith as will,in its
opinion,secure substantially the objectives of the regulation or
provision to which such variance is granted,to provide adequately
for the maintenance of the integrity and character of the zone in
which such permit is granted,and shall provide the Zoning
Administrator with a copy of the same.
SECTION 12.0106 GUARANTEES
Where necessary,the Board of Adjustment may require
guarantees in such form as i t 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 13
ZONING ORDINANCE AMENDMENTS AND CHANGES
SECTION 13.0101 AUTHORITY
The City Council may from time to time upon the
recommendation of the 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 City Council or 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
41
a matter which the City Council submits to the Commission 'for
approval,disapproval,or recommendation,the Commission shall
communicate its reasons to the City Council which shall have the
power to overrule the adverse action of the Commission.
SECTION 13.0102 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 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 applcation is accepted by the Commission.In
the event the application includes properties owned by more than
one (1)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 13.0103 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 said
Schedule.However,when initiation is by the City Council,
Commission,or other governmental entity in behalf of the public
interest,the fee shall be waived.
The fee shall be nonrefundable;except where the applicant by
written letter withdraws 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.
SCHEDULE OF FILING FEES:
1.Zoning Ordinance Amendment $250.00
2.Planned Development Application $250.00
3.Special Use Permit $130.00
(Conditional Use Permit)
42
SECTION 13.0104 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 300 feet of the site,
and an accurate verified list made within the previous thirty (30)
days giving the names,addresses,and parcel numbers of the owners
of all properties lying within 300 feet 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 300 feet 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 compiling the list of said property owners,the
applicant shall utilize the records of the Pinal County Assessor's
Office.
SECTION 13.0105 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 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 City of Apache
Junction,or i f there is none,it 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 100 feet: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.
43
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 300 feet of the area sought to be rezoned.
The City Council or the Commission may or may not notify by
first class mail all property owners within 300 feet of areas
sought to be rezoned by motion to amend.Any motion to amend this
Ordinance whether initiated by City 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.
SECTION 13.0106 DECISION OF COMMISSION
After public hearing,the Commission shall render its
decision in the form of a written recommendation to the City
Council.The recommendation shall include the reasons for the
recommendation and shall be transmitted to the City Council in such
form and manner as may be specified by the City 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 City 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 City Council shall hold a public hearing on said
application or motion for amendment after giving public notice in
accordance with Section 13.0105..
SECTION 13.0107 COUNCIL ACTION
I f the Commission has held a public hearing,the City 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 City Council shall hold a public
hearing i f requested by the aggrieved party or any member of the
public or of the City 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 City Council for a public hearing to be held by the City
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.
44
SECTION 13.0108 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 150 feet
therefrom,or of those directly opposite thereto extending 150 feet
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 1s)of all
members of the governing body of the municipality.I f any members
of the City 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 City 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 City Council.
Protests against amendments shall be made on forms provided
by the Planning Department,and shall be filed with that Department
no later than 5:00 p.m.on Tuesday,one week before the City
Council meeting at which the City Council votes upon the proposed
amendment.Signatures may be removed from any protest form no
later than 5:00 p.m.on the Friday preceding the City Council
meeting at which the City Council votes upon the proposed
amendment.Should either said Tuesday or Friday be a holiday,
filing deadlines shall be extended to 5:00 p.m.of the next working
day.
SECTION 13.0109 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 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 City Council may then approve a change of zone with the
conditions recommended by the Commission.
I f a public hearing is held by the City Council,the City
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 City Council,conditioned upon
compliance with a site plan and map approved by the City Council,
or conditioned on compliance with additional restrictions or
regulations of the City Council.
45
I f at the expiration of the period set forth in the schedule
for development,the property has 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 City
Council.
In the event construction is not in substantial compliance
with the approved site plan,or is not in conformity with the
additional restrictions or regulations,the City 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.
SECTION 13.0110 RECONSIDERATION OF DENIED AMENDMENTS
In the event that an application for amendment is denied by
the City 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
of 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 13.0111 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
City Council decision and may be extended once for twelve (12)
months at the discretion of the City Council.I f approval expires
prior to substantial development upon the rezoned property,the
Commission at their discretion may recommend to the City Council
reverse zoning to the zoning classification which existed prior to
the rezoning amendment.
46
ARTICLE 14
ZONES,MAPS,AND BOUNDARIES
SECTION 14.0101 ZONES
For the purpose of this Ordinance,the following types of
zones are hereby established:
RESIDENTIAL
GR General Rural Zone
CR-1 Single Family Residence Zone
CR-2 Single Family Residence Zone
CR-3 Single Family Residence Zone
CR-4 Multiple Family Residence Zone
CR-5 Multiple Family Residence Zone
TR Transitional Zone
TH Trailer Homesite Zone
BUSINESS
CB -1 Local Business Zone
CB -2 General Business Zone
C-1 Neighborhood Commercial/Convenience District
C-2 Local Commercial District
C-3 General Commercial District
C-4 Heavy Commercial District
INDUSTRIAL
CI -1
CI -2
Light Industrial and Warehouse Zone
Heavy Industrial Zone
SECTION 14.0102 MAPS
The boundaries of zones are hereby established as shown on
maps entitled "Zoning District Map,City of Apache Junction,
Arizona,"(as adopted and amended by the City of Apache Junction,
Arizona)and as the same may be hereafter amended and supplemented.
Said maps are located in the Office of Planning Department
and are hereby adopted and made a part of this Ordinance as fully
as i f they were set out or copied at length herein.
47
SECTION 14.0103 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.
c.Where a public street,alley,or railroad or other
right-of-way is vacated or abandoned,the zone applied
to abutting property shall thereafter be deemed to
extend to the center line of such vacated or abandoned
right-of-way.
d.Questions concerning the exact location of boundaries
not covered above shall be determined by the Board of
Adjustment.
ARTICLE 15
RESIDENTIAL DISTRICTS
SECTION 15.0100 GR GENERAL RURAL ZONE
Section 15.0101 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,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.
48
g•
3)The grazing and raising of livestock and horses.
c.Public and quasi -public uses:church;museum;library;
community service agency;public park;school;college;
playground;athletic field;public or private utility
and facilities;government structure;athletic,sport,or
recreation club;and hospital or sanatorium.Such
buildings shall be located at least fifty feet (50')
from any boundary line of the site.
d.Fair,carnival,circus or tent show for not longer than
fifteen (15)days.
e.Fruit,vegetable,or agricultural products packing or
processing plant,provided the same is located on a site
of not less than ten (10)acres,and any buildings
located thereon occupy not more than thirty percent
(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 ten feet (10')to
any other lot line.
Public riding and boarding stables,providing the site
contains not less than ten (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.
Section 15.0102 MAXIMUM BUILDING HEIGHT
Two (2)stories or thirty feet (30').
Section 15.0103 MINIMUM LOT AREA
One and one-fourth (1-1/4)acres;except that for any lot of
record on November 18,1974,and zoned GR shall be deemed to meet
the minimum lot area requirements of this Section.
Section 15.0104 MINIMUM LOT WIDTH
One hundred feet (100');except that for any excepted lots of
record as set forth in Section 15.0103 shall have a minimum lot
width as is of record for said lot on November 18,1974.
49
Section 15.0105 MINIMUM LOT AREA PER DWELLING UNIT
One and one-fourth (1-1/4)acres;except as provided in
Section 15.0103.
Section 15.0106 MINIMUM FRONT YARD
Forty feet (40');except that for any excepted lot of record
as set forth in Section 15.0103 and containing less than 20,000
square feet,the minimum front yard shall be twenty feet (20').
Section 15.0107 MINIMUM SIDE YARD
Twenty feet (20');except that for any excepted lot of record
as set forth in Section 15.0103 and containing less than 20,000
square feet,the minimum side yard shall be eight feet (8').
Section 15.0108 MINIMUM REAR YARD
Forty feet (40');except that for any excepted lot of record
as set forth in Section 15.0103 and containing less than 20,000
square feet,the minimum rear yard shall be twenty-five feet (25').
Section 15.0109 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS
Twenty-five feet (25').
Section 15.0110 DETACHED ACCESSORY BUILDINGS
a.Permitted coverage:one-third (1 /3 )of the total area of
the rear and side yards.
b.Maximum height:twenty feet (20').
c.Minimum distance to main buildings:seven feet (7').
d.Minimum distance to front lot line:sixty feet (60');
except those lots excepted in Section 15.0103 whose
minimum distance to the front lot line need only be the
distance the main structure is set from the front lot
line.
e.Minimum distance to side and rear lot lines:four feet
(4')i f building is not used for poultry or animals;
fifteen feet (15')to side lot line and four feet (4')
to rear lot line i f building is used for poultry or
small animals;fifty feet (50')i f used for livestock.
50
SECTION 15.0200 CR-1 SINGLE FAMILY RESIDENCE ZONE
Section 15.0201 USES PERMITTED
a.One -family dwelling.
b.Public park,public or parochial school.
c.Church,providing the minimum off-street parking
requirements,as set forth in Article 20,are met.
d.A trailer for not more than ninety (90)days during
construction of a residence on the same premises,which
period may be extended for an additional period of
ninety (90)days upon application to the Zoning
Administrator.
e.Agricultural or horticultural 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 (2)head of cattle,
horses,sheep,or goats more than six (6)months of age
per commercial acre,excluding swine.
f .Home occupation.
g.Accessory building or use.
h.Temporary real estate office.
Section 15.0202 MAXIMUM BUILDING HEIGHT
Two (2)stories or thirty feet (30').
Section 15.0203 MINIMUM LOT AREA
20,000 square feet.
Section 15.0204 MINIMUM LOT WIDTH
Eighty feet (80').
Section 15.0205 MINIMUM LOT AREA PER DWELLING UNIT
20,000 square feet.
51
Section 15.0206 MINIMUM FRONT YARD
Twenty-five feet (25').
Section 15.0207 MINIMUM SIDE YARDS
Ten feet (10')each.
Section 15.0208 MINIMUM REAR YARD
Twenty-five feet (25').
Section 15.0209 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS
Twenty feet (20');except as required in Section 6.0109
for a rear dwelling.
Section 15.0210 DETACHED ACCESSORY BUILDINGS
a.Permitted coverage:one-third (1 /3 )of the total area of
the rear and side yards.
b.Maximum height:twenty feet (20').
c.Minimum distance to main buildings:seven feet (7').
d.Minimum distance to front lot line:sixty feet (60').
e.Minimum distance to side and rear lot lines:four feet
(4')i f building is not used for poultry or animals;
fifty feet (50')i f building is used for poultry or
animals.
SECTION 15.0300 CR-2 SINGLE FAMILY RESIDENCE ZONE
Section 15.0301 USES PERMITTED
Any use permitted in the CR-1 Zone,but horses,cattle,
sheep,or goats shall not be kept on less than one (1)commercial
acre.
Section 15.0302 MAXIMUM BUILDING HEIGHT
Two (2)stories or thirty feet (30').
52
Section 15.0303 MINIMUM LOT AREA
12,000 square feet.
Section 15.0304 MINIMUM LOT WIDTH
Sixty feet (60').
Section 15.0305 MINIMUM AREA PER DWELLING UNIT
12,000 square feet.
Section 15.0306 MINIMUM FRONT YARD
Twenty-five feet (25').
Section 15.0307 MINIMUM SIDE YARDS
Ten feet (10')each.
Section 15.0308 MINIMUM REAR YARD
Twenty-five feet (25').
Section 15.0309 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS
Twenty feet (20');except as required in Section 6.0109 for a
rear dwelling.
Section 15.0310 DETACHED ACCESSORY BUILDINGS
a.Permitted coverage:one.-third (1/3)of the total area
of the rear and side yards.
b.Maximum height:twenty feet (20').
c.Minimum distance to main building:seven feet (7').
d.Minimum distance to front lot line:sixty feet (60').
e.Minimum distance to side and rear lot lines:four feet
(4')i f building is not used for poultry or animals;
fifty feet (50')i f building is used for poultry or
animals.
53
SECTION 15.0400 CR-3 SINGLE FAMILY RESIDENCE ZONE
Section 15.0401 USES PERMITTED
a.One -family dwelling.
b.Public park,public or parochial school.
c.Church.
d.Transitional use where side of lot abuts a business or
industrial zone.Any residential use permitted in the
CR-4 Zone,including CR-4 area and yard requirements,
provided such use extends not more than 120 feet or two
(2)lots,whichever is the lesser from the zone boundary.
e.A trailer for not more than ninety (90)days during
construction of a residence on the same premises,which
period may be extended for an additional period of ninety
(90)days upon application to the Zoning Administrator.
f.Agricultural and horticultural,flower and vegetable
gardening,nursery or greenhouse used only for
propagation and culture and not for retail sales.
9.Home occupation.
h.Accessory building or use.
i .Temporary real estate office.
Section 15.0402 MAXIMUM BUILDING HEIGHT
Two (2)stories or thirty feet (30').
Section 15.0403 MINIMUM LOT AREA
7,000 square feet.
Section 15.0404 MINIMUM LOT WIDTH
Sixty feet (60').
Section 15.0405 MINIMUM AREA PER DWELLING UNIT
7,000 square feet.
54
Section 15.0406 MINIMUM FRONT YARD
Twenty feet (20').
Section 15.0407 MINIMUM SIDE YARDS
Eight feet (8')each.
Section 15.0408 MINIMUM REAR YARD
Twenty-five feet (25')to the rear lot line.
Section 15.0409 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS
Sixteen feet (16');except as required in Section 6.0109 for
a rear dwelling.
Section 15.0410 BUILDABLE AREA
Not to exceed forty percent (40%)of the lot,including all
structures;except swimming pools.
Section 15.0411 ACCESSORY BUILDINGS
a.Maximum height:twenty feet (20').
b.Minimum distance to main building when detached:seven
feet (7').
c.Minimum distance to front lot line when detached:fifty
feet (50');except that a detached garage for the parking
of automobiles shall have a minimum distance from the
front lot line of twenty feet (20').
d.Minimum distance to side lot lines:eight feet (8').
e.Minimum distance to rear lot lines:four feet (4')i f
building is not used for poultry or animals;fifteen
feet (15')i f building is used for poultry or animals.
f .Accessory buildings shall be detached from the main
building;except that they may be attached by means of an
unenclosed structure that has only one (1)wall not over
six feet (6')high which shall be placed only on one side
of the structure.
55
SECTION 15.0500 CR-4 MULTIPLE FAMILY RESIDENCE ZONE
Section 15.0501 USES PERMITTED
a.Any use permitted in the CR-3 Zone.
b.Duplex dwelling.
c.Multiple dwelling for not more than four (4)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 (2)lots,whichever is the lesser from the zone
boundary.
f .Hospital,clinic,dispensary,or sanatorium.
Section 15.0502 MAXIMUM BUILDING HEIGHT
Two (2)stories or thirty feet (30').
Section 15.0503 MINIMUM LOT AREA
7,000 square feet.
Section 15.0504 MINIMUM LOT WIDTH
Sixty feet (60').
Section 15.0505 MINIMUM LOT AREA PER DWELLING UNIT
3,500 square feet.
Section 15.0506 MINIMUM FRONT YARD
Twenty-five feet (25').
Section 15.0507 MINIMUM SIDE YARDS
Eight feet (8')each.
56
Section 15.0508 MINIMUM REAR YARD
Thirty-five feet (35').
Section 15.0509 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS
Sixteen feet (16').
Section 15.0510 DETACHED ACCESSORY BUILDINGS
a.Permitted coverage:thirty percent (30%)of the minimum
rear yard area,plus fifty percent (50%)of any
additional space in the rear of the principal building.
b.Maximum height:twenty feet (20').
c.Minimum distance to main building:seven feet (7').
d.Minimum distance to front lot line:sixty feet (60').
e.Minimum distance to side lot lines:four feet (4').
f .Minimum distance to rear lot line:four feet (4')i f
building is not used for poultry or animals;fifteen
feet (15')i f building is used for poultry or animals.
SECTION 15.0600 CR-5 MULTIPLE FAMILY RESIDENCE ZONE
Section 15.0601 USES PERMITTED
a.Any use permitted in the CR-3 and CR-4 zones.
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,including TR area and yard requirements,
provided such use extends not more than 120 feet or two
lots (2),whichever is the lesser,from the zone
boundary.
Section 15.0602 MAXIMUM BUILDING HEIGHT
Two (2)stories or thirty feet (30').
57
Section 15.0603 MINIMUM LOT AREA
7,000 square feet.
Section 15.0604 MINIMUM LOT WIDTH
Sixty feet (60').
Section 15.0605 MINIMUM LOT AREA PER DWELLING UNIT
2,000 square feet.
Section 15.0606 MINIMUM FRONT YARD
Twenty-five feet (25').
Section 15.0607 MINIMUM SIDE YARDS
Seven feet (7')each.
Section 15.0608 MINIMUM REAR YARD
Thirty-five feet (35').
Section 15.0609 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS
Fourteen feet (14').
Section 15.0610 DETACHED ACCESSORY BUILDING
a.Permitted coverage:thirty-five percent (35%)of the
minimum rear yard area,plus fifty percent (50%)of any
additional space in the rear of the principal building.
b.Maximum height:twenty feet (20').
c.Minimum distance to main building:seven feet (7').
d.Minimum distance to front lot line:sixty feet (60').
e.Minimum distance to side lot line:four feet (4').
f .Minimum distance to rear lot line:four feet (4')i f
building is not used for poultry or animals;fifteen
feet (15')i f building is used for poultry or animals.
58
SECTION 15.0700 TR TRANSITIONAL ZONE
Section 15.0701 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:
Beverage services
Personal services
Recreational facilities
Restaurant
Retail services
c.Professional or semi-professional office.
d.Private club or lodge (nonprofit).
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 Section 15.0802.
f .Club,college,community service agency,governmental
structure,library,museum,playground or athletic field,
private school.
g•Community storage garage.
h.Guest ranch in accordance with Article 18 Guest Ranch
Regulations.
i .Hospital,clinic,dispensary,or sanitarium.
j .Office,real estate.
Section 15.0702 MAXIMUM BUILDING HEIGHT
Two (2)stories or thirty feet (30').
Section 15.0703 MINIMUM LOT AREA
10,000 square feet for residential uses.
59
Section 15.0704 MINIMUM LOT WIDTH
Sixty feet (60').
Section 15.0705 MINIMUM AREA PER DWELLING UNIT
1,000 square feet.
Section 15.0706 MINIMUM FRONT YARD
Twenty feet (20').
Section 15.0707 MINIMUM SIDE YARDS
Seven feet (7')each.
Section 15.0708 MINIMUM REAR YARD
Twenty-five feet (25').
Section 15.0709 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS
Fourteen feet (14').
Section 15.0710 DETACHED ACCESSORY BUILDINGS
a.Coverage permitted:forty percent (40%)of the minimum
rear yard area,plus fifty percent (50%)of any
additional space in the rear of any principal building.
b.Maximum building height:twenty feet (20').
c.Minimum distance to main building:seven feet (7').
d.Minimum distance to front lot line:sixty feet (60').
e.Minimum distance to side lot lines:four feet (4').
f.Minimum distance to rear lot line:four feet (4')if
building is not used for poultry or animals;fifteen
feet (15')if building is used for poultry or animals.
60
SECTION 15.0800 TH TRAILER HOMESITE ZONE
Section 15.0801 USES PERMITTED
a.Any use permitted in the CR-3 Zone.
b.Trailers,travel trailers,or recreational vehicles on
individual lots,providing there is no more than one (1)
trailer,travel trailer,or recreational vehicle on any
individual lot.
c.Mobile home park.
d.Travel trailer or recreational vehicle park.
e.Mobile home subdivision.
Section 15.0802 MOBILE HOME PARK
a.A mobile home park shall not contain less than ten (10)
acres.
b.Each space shall have an area of not less than 3,000
square feet.
c.Each space shall be not less than thirty-six feet (36')
in width.
d.Setbacks:
1)Mobile homes shall be located on the space no
more than eight feet (8')from the nearest edge
of any interior street or roadway.
2)Mobile homes shall be setback a minimum of five
feet (5')from all other space lines.
3)Mobile homes located on spaces having common
boundaries with two (2)or more interior streets
or roadways shall be setback a minimum of twenty
feet (20')on the entry side and a minimum of
eight feet (8')on the nonentry side from the
nearest edge of street or roadway.
4)Mobile homes and travel trailers shall maintain
a minimum separation of twenty feet (20')in all
• directions from other mobile homes,travel
trailers,or buildings.
61
5)Minimum distances or setbacks required herein
shall be the shortest of horizontal dimensions
measured from the nearest portion of a wall of
mobile home or travel trailer.
e.Mobile home parks may contain travel trailers,providing
that not more than twenty percent (20%)of the total
number of spaces provided may be travel trailer spaces
designed in compliance with Section 15.0804.
1)Travel trailers shall be located on the space
no closer than four feet (4')from the nearest
edge of any interior street or roadway.
2)Travel trailers shall be setback not less than
three feet (3')from all other space lines.
3)Travel trailers located on spaces having common
boundaries with two (2)or more interior streets
or roadways shall be setback a minimum of twenty
feet (20')on the entry side and a minimum of
four feet (4')on the nonentry side from the
nearest edge of street or roadway.
4)Travel trailers may be located on mobile home
spaces,but shall observe mobile home setbacks.
f .Mobile homes shall not be located on travel trailer
spaces.
g•Mobile homes or travel trailers shall be setback a
minimum of ten feet (10')from all exterior property
lines.
h.Mobile home parks shall be screened around their
perimeter,except for gates or accessways,by an opaque
fence or solid wall of not less than five feet (5')nor
more than six feet (6')in height,measured on the fence
or wall from outside the park.
i .Not more than one (1)mobile home or travel trailer
shall be placed on any one (1)space.
3.Private or interior roadway surfaces in a mobile home
park shall be at least a minimum width of twenty-eight
feet (28')with a minimum turning radii of twenty-two
feet (22').
62
Section 15.0803 MOBILE HOME SUBDIVISIONS
a.Not more than one (1)mobile home,travel trailer,or
recreational vehicle shall be located on any one (1)lot.
b.Subdivisions of ten (10)or more acres in area shall be
screened around their perimeters,except for gates and
accessways,by an opaque fence or solid wall of not less
than five feet (5')nor more than six feet (6')in
height,measured on the fence or wall from outside the
park.
c Maximum building height:two (2)stories or thirty feet
(30').
d.Minimum lot area:8,000 square feet.
e.Minimum lot width:sixty feet (60').
f .Minimum front yard:fifteen feet (15').
g.Minimum side yards:ten feet (10')each.
h.Minimum rear yard:ten feet (10').
Section 15.0804 TRAVEL TRAILER,RECREATIONAL VEHICLE PARK
a.Each space shall have an area of not less than 1,000
square feet.
b.Each space shall be not less than twenty-five feet (25')
in width.
c.Travel trailers or recreational vehicles shall be located
on the space no closer than four feet (4')from the
nearest edge of any interior street or roadway.
1)Travel trailers and recreational vehicles
shall be setback not less than three feet
(3')from all other space lines.
d.Travel trailers and recreational vehicles located on
spaces having common boundaries with two (2)or more
interior streets or roadways shall be setback a
minimum of twenty feet (20')on the entry side and a
minimum of four feet (4')on the nonentry side from the
nearest edge of a street or roadway.
63
e.The minimum separation between travel trailers and
recreational vehicles and other travel trailers,
recreational vehicles,or buildings shall be not less
than twenty feet (20').
f .No more than one (1)travel trailer or recreational
vehicle shall be located on any one (1)space.
g.The minimum setbacks required herein shall be the
shortest horizontal dimension measured from the nearest
portion of a wall of a travel trailer or recreational
vehicle.
h.,Each travel trailer or recreational vehicle shall be
setback a minimum of ten feet (10')from all exterior
property lines.
i .A travel trailer or recreational vehicle park shall
be screened on its perimeter,except for gates and
accessways,by an opaque fence or solid wall not less
than five feet (5')nor more than six feet (6')in
height,measured on the fence or wall from outside the
park.
j .Travel trailer or recreational vehicle parks shall
contain not less than ten (10)acres.
k.Private or interior roadway surfaces in a recreational
vehicle park shall be at least a minimum of twenty-eight
feet (28')with a minimum turning radii of twenty-two
feet (22').
Section 15.0805 DETACHED ACCESSORY BUILDINGS
a.Permitted coverage:twenty-five percent (25%)of the
minimum rear yard,plus fifty percent (50%)of any
additional space in the rear of the principal building.
b.Maximum height:twenty feet (20').
c.Minimum distance to main building:seven feet (7').
d.Minimum distance to front lot line:sixty feet (60').
e.Minimum distance to rear lot line:four feet (4').
f .Minimum distance to side lot lines:four feet (4')each.
64
ARTICLE 16
COMMERCIAL DISTRICTS
SECTION 16.0100 CB -1 LOCAL BUSINESS ZONE
Section 16.0101 USES PERMITTED
a.Any use permitted in Section 15.0701 (TR Transitional
Zone).
b.The following uses which in any CB -1 zone shall be
conducted wholly within a completely enclosed building,
unless otherwise specified,and any use operating as a
store,shop,or business shall be a retail establishment
and all products produced on the premises shall be sold
at retail on the premises:
Antique store
Apparel store
Art,needlework,or hand -weaving establishment
Art gallery or store
Auto parking lot (within or without building)
Bakery
Bank,safe depository,or trust company
Barber or beauty shop
Bicycle shop (no sales or servicing of motor
scooters or motorcycles
Book,newspaper,magazine,stationery,art or
drawing supply store
Cafe,lunch room (provided no dancing is allowed
and no alcoholic beverages are sold,except
beer and wine)
Catering service
65
Church
Cigar store
Cleaning,dyeing,laundry,collection agency
Clinic
Club or lodge (nonprofit)
Community service agency
Confectionary store
Custom dressmaking,millinery,hemstitching
or pleating
Custom weaving or mending
Day nursery or child care center
Dealer in coins,stamps,or similar collector's
items
Delicatessen store
Dental or medical laboratory
Department store,variety store
Drug store
Dry goods or notions store
Electrical appliance store
Florist shop
Frozen food locker
Furniture or house furnishing store
Garage for public storage only
Gasoline service station (incidental repairing only)
Gift,curio novelty,toy,or hobby shop
Governmental structure
Grocery,fruit,or vegetable store
Hardware store
Hotel
Ice cream store
Ice station for packaged sales only
Interior decorator
Jewelry store or jewelry and watch repair
Laundry and dry cleaning units,provided the same
occupy no more than 3,000 square feet of gross
floor area.
Leather goods store
Library,rental or public
Liquor store for packaged sales only
Meat,fish,or dressed poultry market,provided
no live poultry are kept on premises
Messenger office
Multigraphing,mimeographing,duplicating,
addressographing
-
Museum
Music,phonograph,or radio store
Nursery,flower,plant,or tree (within a
building or enclosure)
Office:business,professional or semi-professional
Photograph studio or photographic supply store
Postal station
Pressing establishment
Recreational vehicle parking and storage
Refreshment stand
67
Religious rescue mission or temporary revival
School,barber or beauty culture
School,business
School,dramatic
School,handicraft,painting or sculpture
Shoe store or shoe repair shop
Sporting goods,hunting and fishing equipment store
Station,bus or stage
Tailor shop
Taxicab stand
Taxidermist
Theater;except drive-in or outdoor
Water,telephone,or telegraph distribution or
electrical receiving or distribution station
(within or without a building)subject to the
provisions of Section 6.0102.
Other similar enterprise or business of the same
class which in the opinion of the City Council
as evidenced by resolution or record is not more
obnoxious or detrimental to the welfare of the
particular community than the enterprises or
businesses above enumerated.
c.Accessory building or use (not involving open storage)
when located on the same building site.
d.Trailer Court not on a State or Federal highway not
closer than 100 feet to a more restrictive zone,subject
to the conditions set forth in Section 15.0802.
e.Administrative,engineering,scientific research,design
or experimentation facility,and such processing and
fabrication as may be necessary thereto,provided that
all such operations must be completely housed within
buildings located on a site of not less than 10,000
square feet;that all such buildings shall setback not
68
less than twenty-five feet (25')from all property
lines abutting a residential zone;that an off-street
parking area be provided for all such vehicles incidental
to said operation,and that one additional such parking
space be provided for each three (3)persons employed
on said premises;that a masonry wall or a screened
planting shall be erected and maintained on any property
line directly abutting any residential zones;that there
is no manufacturing or warehousing of goods for sale at
wholesale or retail;and that any activity conducted on
said premises shall be free of dust,noxious smoke,
fumes,odors,or unusual vibrations or noise.
f .Restaurant or tea room,including a cocktail lounge
or bar in connection therewith,upon condition that no
outside door opens into the cocktail lounge or bar,and
provided further that the applicant for a permit shall
provide the Zoning Administrator with the written
consent of seventy-five percent (75%)of the owners
by number and area of the property within 300 feet of the
site for which the permit is sought.
Section 16.0102 MAXIMUM BUILDING HEIGHT
Two (2)stories or thirty feet (30').
Section 16.0103 MINIMUM LOT AREA
None for uses listed in Sections 16.0101-b and 16.0101-e;
10,000 square feet for residential ,uses.
Section 16.0104 MINIMUM LOT WIDTH'
None for uses listed in Sections 16.0101-b and 16.0101-e;
sixty feet (60')for residential uses.
Section 16.0105 MINIMUM LOT AREA PER DWELLING UNIT
1,000 square feet for residential uses.
Section 16.0106 MINIMUM FRONT YARD
Twenty feet (20')which may be used to meet off-street
parking requirements or as part of off-street parking.
Section 16.0107 MINIMUM SIDE YARDS
None for uses listed in Sections 16.0101-b and 16.0101-e;
seven feet (7')for each residential use.
69
Section 16.0108 MINIMUM REAR YARD
Twenty-five feet (25');except as provided in Section 6.0115
for corner lot which may be used to meet off-street parking
requirements,or as a part of off-street parking lot.
Section 16.0109 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS
None for uses listed in Sections 16.0101-b and 16.0101-e;
fourteen feet (14')for residential uses.
Section 16.0110 DETACHED ACCESSORY BUILDINGS
a.Permitted coverage:forty percent (40%)of the required
rear yard and any additional space within the buildable
area.
b.Maximum building height:twenty feet (20')within the
required rear yard;two (2)stories or thirty feet (30')
within the buildable area.
c.Minimum distance to main building:seven feet (7').
d.Minimum distance to front lot line:twenty feet (20').
e.Minimum distance to side lot lines:none.
f .Minimum distance to rear lot line:four feet (4').
Section 16.0111 PROHIBITION OF REZONINGS TO CB -1 LOCAL BUSINESS
ZONE
Upon the adoption of this Ordinance,no application by
petition or City Council or Commission initiative to amend the
Apache Junction,Arizona,Zoning Ordinance by amending the Zoning
Map changing the zoning district classification of any property in
the City to CB -1 Local Business Zone shall be accepted for filing
or acted upon by the Planning and Zoning Commission or City
Council.This prohibition shall not be applicable to any complete
application for rezoning filed and advertised for public hearing
prior to the effective date of this Ordinance.
70
1
SECTION 16.0200 CB -2 GENERAL BUSINESS ZONE
Section 16.0201 USES PERMITTED
a.Any use permitted in Sections 15.0701 and 16.0101.
b.Advertising sign,structure,or billboard subject to
Article 21.
Amusement or recreational enterprise (within a
completely enclosed structure),including
billiard or pool hall,bowling alley,dance hall,
gymnasium,penny arcade,shooting gallery,
skating rink,sports arena.
Amusement or recreational enterprise (outdoor),
including archery range,miniature golf or
practice driving or putting range,games of skill
or science,pony riding ring without stables,
swimming pool or commercial beach or bathhouse,
tennis court.
Auction,public (no animals)
Auditorium or assembly hall
Auto rental garage
Auto repair,mechanical or steam washracks,battery
service (no body or fender work,painting or
upholstery,except as incidental)
Bar,cocktail lounge,night club,tavern
Baths (Turkish,Swedish',steam,etc.)
Blueprinting,photostating
Boats,storage or rental
Burglar alarm service
Carpenter shop
Cigar manufacturing (custom hand -rolled)
71
Cleaning establishment if only two (2)clothes
cleaning units of not more than forty (40)
pounds rated capacity and using cleaning fluid
which is nonflammable at temperatures below
138.5 °Fahrenheit.
Club:athletic,peivate,social,sport or recreation-
al (operated for profit);except sports stadium
or field.
Engraving,photo -engraving,lithographing
Fair,carnival or tent show for not longer than
fifteen (15)days,if sufficient parking area
for patrons is provided.
Fortune telling
Garage,public (for commercial use)
Juke box or coin machine business (limited to
assembly,repair,and servicing)
Laundry,steam,or wet -wash
Lumber yard,retail (provided no machinery is used
other than a rip saw and cut-off saw)
Locksmith,tool or cutlery sharpening,lawnmower
repairing,fix -it or handyman shop
Massage establishment,reducing salon or gymnasium
Mattress shop for repairing only (no renovating)
Merchandise broker's display,wholesale
Mini -storage building only
Motorcycle or motorscooter repair or storage
Mortuary or embalming establishment or school
Newspaper office
Oxygen equipment,rental or distribution
Pawn shop
Piano repairing
72
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 enter-
prise for dancing or musical instruction;
industrial or trade school teaching operations
or occupation permitted in this zone)
Sheetmetal or tinsmith shop
Sign painting shop
Trade show,industrial show or exhibition
Transfer or express service
Upholstery shop
Wallpaper sales,paper hanging
c.Sale,rental,or display of:
Airplanes or parts
Automobiles
Barber's supplies or beauty shop equipment
Butcher's supplies'
Clothing or accessories (wholesale)
Contractor's equipment or supplies
Drugs or medical,dental,or veterinary supplies
(wholesale)
Farm equipment or machinery
Feed (wholesale)
Garage equipment
73
Hardware (retail or wholesale)
Hotel equipment or supplies
Household appliances,sewing machines,etc.
(wholesale)
Machinery,commercial and industrial
Monuments or tombstones (no wholesale)
Office equipment (safes,business machines,etc.
wholesale)
Orthopedic appliances (trusses,wheel chairs,etc.)
Painting equipment or supplies (paint,varnish,etc.)
Pet (no boarding or hospital)
Plastic or plastic products (wholesale)
Plumbing,heating,and ventilating fixtures or
supplies
Restaurant or soda fountain equipment or supplies
Second-hand goods:personal,furniture,books,
magazines,automobiles,but not second-hand
auto parts.
Tents or awnings
Trailers
Trunks or luggage (wholesale)
Upholsterer's supplies
Venetian blinds
Window shades
d.Light manufacturing or assembling incidental to retail
sales from the premises,provided that not more than
twenty-five percent (25%)of the floor is occupied by
businesses engaged in manufacturing,processing,
assembling,treatment,installation,and repair of
products.
74
e.Wholesaling of products permitted in Section 16.0101-b
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 be located on a site of not less than five
(5)acres;for animal pets,not less than one (1)acre;
and that no crematory be erected closer than 500 feet
from any boundary of said site adjoining property in
rural or residential zone.
g•Drive-in theater,provided that the face of any
projection screen is not visable from any road,street,
or proposed route which is within 500 feet of said
screen;provided further that the site for said theater
shall not consist of less than ten (10)acres of land and
be a single tract or parcel not intersected or divided
by any street,alley,or by property belonging to other
owners;that any lights used to illuminate theater site
shall be arranged so as to reflect the light away from
adjoining property and streets;that the plans for said
theater shall have been approved by the City Engineer
indicating no undue traffic congestion due to the
location of the theater,including the car rows and
aisles and minimizing the danger of fire and panic;
that acceleration and deceleration lanes shall be
provided 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 any amount equal to not less
than thirty percent (30%)of the vehicular capacity of
the theater;that vehicular circulation shall be so
designed and constructed as to permit only one-way
traffic within the boundaries of the tract on which the
theater is located;that emergency exits shall be
provided;that sanitary facilities and the method of
food handling shall be approved by the County Health
Department;that definite plans for shrubbery and
landscaping shall be presented to the Zoning Administra-
tor 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 that all other
conditions of the zone are fully observed.
h.Fair,carnival,circus or tent show for not longer than
fifteen (15)days.
75
i .Racetrack or sports stadium;except the requirements
for the filing of the consents of owners of adjacent
property.
j.Radio or television tower or boosting station,provided
such tower is no closer to any boundary of said site
than the height thereof.
k.Veterinary hospital or kennel,provided no such building
or structure be within 100 feet of any boundary of said
site abutting property in a rural or residential zone.
Section 16.0202 MAXIMUM BUILDING HEIGHT
Thirty-five feet (35').
Section 16.0203 MINIMUM LOT AREA
None for the uses permitted in Section 16.0201-a through
16.0201-e;7,000 square feet for residential uses.
Section 16.0204 MINIMUM LOT WIDTH
None for the uses permitted in Section 16.0201-a through
16.0201-e;sixty feet (60')for residential uses.
Section 16.0205 MINIMUM LOT AREA PER DWELLING UNIT
1,000 square feet for residential uses.
Section 16.0206 MINIMUM FRONT YARD
Fifteen feet (15')for uses permitted in Section 16.0201-a
through 16.0201-e;twenty feet (20')for residential uses.
Section 16.0207 MINIMUM SIDE YARDS
None for the uses permitted in Section 16.0201-a through
16.0201-e;seven feet (7')for residential uses.
Section 16.0208 MINIMUM REAR YARD
Ten feet (10')for uses permitted in Section 16.0201-a
through 16.0201-e;twenty-five feet (25')for residential uses.
Section 16.0209 MINIMUM DISTANCE BETWEEN MAIN BUILDINGS
None for the uses permitted in Section 16.0201-a through
16.0201-e;fourteen feet (14')for residential uses.
76
Section 16.0210 DETACHED ACCESSORY BUILDINGS
a.Permitted coverage:forty percent (40%)of the rear
yard and any additional space within the buildable area.
b.Maximum building height:twenty feet (20')within the
required rear yard;thirty-five feet (35')within the
buildable area.
c.Minimum distance to main building:seven feet (7').
d.Minimum distance to front lot line:fifteen feet (15').
e.Minimum distance to side lot lines:none.
f .Minimum distance to rear lot line:four feet (4').
Section 16.0211 PROHIBITION OF REZONINGS TO CB -2 GENERAL BUSINESS
ZONE
Upon adoption of this Ordinance,no application by petition
or City Council or Commission initiative to amend the Apache
Junction,Arizona,Zoning Ordinance by amending the Zoning Map
changing the zoning district classification of any property in the
City to CB -2 General Business Zone shall be accepted for filing or
acted upon by the Planning and Zoning Commission or City Council.
This prohibition shall not be applicable to any complete
application for rezoning filed and advertised for public hearing
prior to the effective date of this Ordinance.
SECTION 16.0300 C-1 NEIGHBORHOOD COMMERCIAL/CONVENIENCE
DISTRICT
Section 16.0301 STATEMENT OF LEGISLATIVE INTENT
I t is the intent of the C-1 Neighborhood Commercial/
Convenience District to provide for certain areas in the City for
retail businesses and services that serve primarily the residents
of the immediate residential area.The District shall allow only
convenience and personal service establishments generally
compatible with residential uses.By limiting the number of uses
and intensity of development through restricting floor area,the
surrounding residential districts shall be protected from excessive
levels of noise or other nuisances.
77
Section 16.0302 PERMITTED PRINCIPLE USES
1.Residential Use Types
One single-family dwelling,conventional
construction,per lot (permitted in addition to
permitted civic or commercial uses on a lot).
2.Civic Use Types
Administrative services for nonprofit organizations
Clinic services
Cultural exhibits and library services
Day care/schools (excluding trade or vocational
schools and music or dance studios)
Fire protection services
Religious assembly
3.Commercial Use Types
All commercial and civic use types shall be conducted
wholly within an enclosed building,unless otherwise
specified,and any use operating as a store,shop,or
business shall be a retail establishment and all
products produced on the premises shall be sold at
retail on the premises.
Administrative and professional services,business
support services,including mimeographing and
duplicating,but excluding printing
Convenience sales
Eating establishments:no alcoholic beverages or
drive-in types
Food and beverage retail sales
Insurance and real estate services
Medical services
Office:business,professional,or semi-professional
78
Personal services:general
Apparel repair or alteration
Arts or crafts:instruction or studio,excluding
on -site welding or kiln
Barber or beauty shop
Catering service
Custom dressmaking,millinery,hemstitching,or
pleating
Custom weaving or mending
Dog grooming
Dry cleaning (collection and distribution station
only)
Laundry:collection and distribution station;
self-service
Photo finishing,excluding on -premise processing
(collection and distribution station only:may
include incidental retail sale of photographic
supplies)
Television and radio repair
Retail sales
Antique store
Apparel store '
Art,needlework,or handweaving establishment
Bakery
Bicycle shop (no sale or servicing of motor-
scooters or motorcycles)
Book,newspaper,magazine,stationery,art or
drawing supply store
Cafe,lunchroom
Dealer in coins,stamps,or similar collector's
items
Delicatessen store
Drug store
Dry goods or notions store
Electrical appliance store
Florist shop
Frozen food locker
Furniture store
Gift,curio,novelty,toy,or hobby shop
Grocery,fruit or vegetable store
Hardware store
Ice station for packaged goods
Jewelry store or jewelry and watch repair
Leather goods store
Meat,fish,or dressed poultry market;provided
no live animals,fish,or fowl are kept on the
premises
Nursery or greenhouse
Pawn shop .
Photographic studio or photographic supply store
Shoe store or shoe repair shop
Sporting goods,hunting and fishing equipment
store
Tailor shop
Taxicab stand
80
4.Uses similar to those listed in subsections 1 through
3 shall be permitted upon determination by the Zoning
Administrator that such use is of the same general
character as at least one of those listed.
Section 16.0303 PERMITTED ACCESSORY USES
Uses and structures customarily incidental to permitted uses.
Section 16.0304 USES SUBJECT TO A CONDITIONAL USE PERMIT
1.Residential Use Types
Mobile home dwelling as a caretaker's residence and
only i f compatible with surrounding neighborhood.
2.Civic Use Types
Community recreational,social,or multi -purpose
facility
Group care facilities
Lodge,fraternal,and civic assembly
Postal services
3.Commercial Use Types
Automotive parking
Communications services
Establishments serving or selling alcoholic beverages
Section 16.0305 STORAGE
All storage shall be within an enclosed building,unless
otherwise noted.
Section 16.0306 INTENSITY OF USE
1.Maximum gross floor area for permitted uses,including
storage,other than residential,shall be 2,500 square
feet.
2.Minimum lot size shall be 6,000 square feet.
81
Section 16.0307 SITE COVERAGE
Maximum lot coverage by all buildings shall be fifty percent
(50%).
Section 16.0308 HEIGHT
Maximum building height shall not exceed twenty feet (20')
above grade at the building line.
Section 16.0309 SETBACKS
1.Any street frontage on corner lot or multiple street
lot:twenty feet (20').
2.The following minimum setbacks shall be required:
a.Front yard .........................20 feet
b.Rear yard ..........................25 feet
c.Side yard ..........................7 feet
(However,i f there is not access to the rear of
property by a public right-of-way,at least one
(1)side setback shall be a minimum of ten feet
(10')for emergency access.)
d.Accessory structure located in the rear yard:
seven feet (7')from rear and side property
lines,however the restrictions related to
emergency access noted under subsection c above
shall be met.
Section 16.0310 PARKING AND LOADING
Off-street parking and lOading facilities shall be provided
as required in Article 20 Parking,Loading,and Interior or Private
Street Standards.
82
SECTION 16.0400 C-2 LOCAL COMMERCIAL DISTRICT
Section 16.0401 STATEMENT OF LEGISLATIVE INTENT
I t is the intent of the C-2 Local Commercial District to
provide for the shopping and personal service needs of a
neighborhood or a large segment of the City with additional
services to business establishments.A wide range of services and
variety of merchandise shall be permitted.The surrounding
residential districts shall be protected by limiting uses to those
compatible with residential uses and providing appropriate
setbacks.Certain uses having a potential for noncompatibility
with surrounding uses may be permitted as conditional uses.
Section 16.0402 PERMITTED PRINCIPLE USES
1.Residential Use Types
Residential uses as permitted in the C-1 District.
2.Civic Use Types
Civic use types as permitted in the C-1 District.
Group care facility
Lodge,fraternal,and civic assembly
Postal services
Schools (including music and dance studios;
excluding trade and vocational schools)
3.Commercial Use Types
All commercial and civic uses shall be conducted
wholly within an enclosed building,unless other-
wise 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.
Commercial use types as permitted in the C-1 District
Animal sales and services:veterinary (small
animals);grooming
Financial services
83
Personal services
Clothes cleaning agencies and laundromats;
excluding industrial cleaning and dyeing
Fitness studio or health club
Mortuary,crematory
Taxicab stand
Retail sales
Department or variety store
Hardware store
Supermarket
4.Uses similar to those listed in subsections 1 through 3
shall be permitted upon determination by the Zoning
Administrator that such use is of the same general
character as at least one of those listed.
Section 16.0403 PERMITTED ACCESSORY USES
Uses and structure customarily incidental to permitted uses.
Section 16.0404 USES SUBJECT TO A CONDITIONAL USE PERMIT
Alcoholic beverage sales
Animal sales and service:veterinary (large animals)
Automotive and equipment:storage of recreational vehicles
and boats (all storage shall be enclosed within a building
or completely screened from view from outside the site
boundaries)
Automotive parts store,provided no rebuilding or machining
of auto parts is performed
Participant sports,recreation and entertainment:indoor
Spectator sports,recreation and entertainment:indoor
Section 16.0405 STORAGE
All storage shall be within an enclosed building,unless
otherwise noted.
84
Section 16.0406 INTENSITY OF USE
1.Minimum lot size shall be 15,000 square feet.
2.Minimum lot width shall be eighty feet (80').
3.Minimum floor area per business shall be 4,000 square
feet.
Section 16.0407 SITE COVERAGE
(50%).
Maximum site coverage by all buildings shall be fifty percent
Section 16.0408 HEIGHT
Maximum building height shall not exceed twenty feet (20');
except that with the approval of a Conditional Use Permit,the
height may be extended.
Section 16.0409 SETBACKS
1.The following minimum setbacks shall be required:
a.Front yard .........................20 feet
b.Rear yard ..........................25 feet
c.Side yard:
The following minimum setbacks noted in
subsections (1)and (2)below shall apply:
(1)Commercial,residential,or mixed use
abutting a.commercial or industrial
district ..................10 feet
(2)Commercial,residential,or mixed use
abutting a residential zoning district
...........................25 feet
2.There shall be a six (6')high masonry wall on the rear
and side property lines that are adjacent to any
residential district,unless the side or rear yard
abuts a public roadway which is adjacent to a
residential district,then no wall shall be required
on that property line.
85
Section 16.0410 PARKING AND LOADING
Off-street parking and loading facilities shall be provided
as required in Article 20 Parking,Loading,and Interior or Private
Street Standards.
SECTION 16.0500 C-3 GENERAL COMMERCIAL DISTRICT
Section 16.0501 STATEMENT OF LEGISLATIVE INTENT
The C-3 District is intended to create and enhance commercial
areas where a wide range of retail goods and services are
permitted.Typically,the C-3 District would be applied where
central area commercial facilities were desired in association with
the administrative and office uses.Various applications of the
C-3 District can create community or regional shopping complexes,
central business districts,certain highway oriented commercial
uses,or small but highly diverse commercial development.In
addition,minimum lot sizes were established to promote the
clustering of commercial activities and to facilitate the assembly
of parcels for larger commercial developments.
Section 16.0502 PERMITTED PRINCIPLE USES
1.Residential Use Types
Residential use types shall not be permitted in
the C-3 District;except by Planned Development.
2.Civic Use Types
Civic use types as permitted in the C-2 District.
Ambulance services
Day care/schools:trade and vocational schools
Lodge,fraternal,civic assembly (sales of alcoholic
beverages permitted)
3.Commercial Use Types
Commercial use types as permitted in the C-2
District.
86
Agricultural/horticultural sales and services
Nurseries (outdoor display permitted)
Animal sales and services:veterinary (large
animals);kennel
Automotive and light equipment:cleaning;repairs;
storage of automobiles,recreational vehicles,and
boats;sales/rentals of auto and light equipment,
including motorcycles.
Eating,drinking,and entertainment establishments
(sales of alcoholic beverages permitted,and
includes drive-in types)
Participant and spectator sports:indoor
Printing,blueprinting,engraving
Radio and television stations (excluding trans-
mitting towers)
Repairs,services,consumer products
Retail sales
Gasoline dispensing stations,provided the
following are complied with:
Has at least one (1)street frontage having
a minimum width of 150 feet;any pump island
or canopy shall be located at least thirty
feet (30')from any property line;outside
display,either permanent or temporary,of
tires,oil,and other auxiliary items for
•sale shall be permitted only i f located on
the pump island or at least forty feet (40')
from the street property line;and no more
than one (1)display rack for each type of
item is permitted.
Liquor stores
Transient habitation:hotels;motels
87
Wholesale,storage,and distribution:
wholesale sales of products permitted for
retail sales in the C-3 District and only
incidental to retail sales of the products
on the premises;mini -warehouses,provided
that only storage is permitted and no retailing
is permitted from these facilities.
Section 16.0503 PERMITTED ACCESSORY USES
Uses and structures customarily incidental to permitted
principle uses.
Section 16.0504 USES SUBJECT TO A CONDITIONAL USE PERMIT
1.Residential Use Types
Caretaker's residence
2.Civic Use Types
(Reserved)
3.Commercial Use Types
Automotive and equipment:repairs,heavy equipment;
sales/rentals,farm equipment
Construction sales and services (no outdoor storage
of materials)
Participant and spectator sports,recreation and
entertainment:outdoor
Scientific research and development laboratories
Unscreened display of any products for sale on
the premises
4.Other similar uses as determined by the Planning and
Zoning Commission to be no more detrimental or obnoxious
than the uses above listed.
Section 16.0505 OPERATIONS AND STORAGE
All operations shall be conducted within an enclosed
building,unless otherwise permitted,and all storage of machinery,
equipment,or inventory shall be screened from view from outside
the site boundaries by a six foot (6')high masonry wall or
screening fence (unless unscreened storage is otherwise permitted);
88
except that the items for sale on the premises may be exposed to
view from outside the site boundaries i f located within an enclosed
building (window display).
Section 16.0506 INTENSITY OF USE
Minimum lot size shall be 20,000 square feet.
Section 16.0507 SITE COVERAGE
Maximum lot coverage shall be sixty percent (60%).
Section 16.0508 HEIGHT
Maximum building height shall be thirty feet (30');except
that with the approval of a Conditional Use Permit,the height may
be extended.
Section 16.0509 SETBACKS
1.The following minimum setbacks shall be required:
a.Front yard or any yard with a street frontage on
a corner lot or multiple street frontage lot:
1)Fifty feet (50')i f off-street parking is
provided in front of the building;or
2)Twenty-five feet (25')i f all off-street
parking is provided in the rear or side.
3)No more than one (1)yard with frontage on
a corner lot or multiple street frontage
shall be required to be in excess of
twenty-five feet (25').
b.Rear yard:
1)Twenty-five feet (25');thirty-five feet
(35')i f abutting a residential district;or
2)Ten feet (10')i f no access or servicing is
provided to rear of property;twenty-five
feet (25')i f abutting a residential
district.
c.Side yard:ten feet (10');twenty-five feet (25')
i f abutting a residential district.
89
2.There shall be a six foot (6')high masonry wall on the
rear and side property lines that are adjacent to any
residential district,unless the side or rear yard
abuts a public roadway which is adjacent to a
residential district,then no wall shall be required
on that property line.
Section 16.0510 PARKING AND LOADING
Off-street parking and loading facilities shall be provided
as required in Article 20 Parking,Loading,and Interior or Private
Street Standards.
SECTION 16.0600 C-4 HEAVY COMMERCIAL DISTRICT
Section 16.0601 STATEMENT OF LEGISLATIVE INTENT
The C-4 District is intended to provide locations in the City
for the heaviest type of commercial uses,highway -oriented
commercial,or restricted light industrial uses.Large lot
requirements were established to facilitate the assembly of parcels
for large commercial development.Locations for C-4 Districts
should be selected which provide protection to the surrounding
neighborhood and do not present a poor image of the community.
Section 16.0602 PERMITTED PRINCIPLE USES
1.Residential Use Types
Residential use types shall not be permitted in the
C-4 District;except by Planned Development.
2.Civic Use Types
Civic use types as permitted in the C-3 District.
3.Commercial Use Types
Commercial use types as permitted in the C-3
District.
Automotive and equipment:sales/rentals of auto-
mobiles,heavy equipment,and recreational vehicles
(unscreened display of inventory permitted);repairs,
heavy equipment;storage,operating vehicles and
equipment.
90
Boat sales (unscreened display of inventory
permitted)
Construction sales and services
Mobile home sales (unscreened display of inventory
permitted)
Wholesale,storage,and distribution of goods
permitted for sale at retail in the C-4 District
and only as incidental to retail sales of the
products on the premises
4.Uses similar to those listed in subsections 1 through
3 shall be permitted upon determination by the Zoning
Administrator that such use is of the same general
character as at least one of those listed.
Section 16.0603 PERMITTED ACCESSORY USES
Uses and structures customarily incidental to permitted uses.
Section 16.0604 USES SUBJECT TO A CONDITIONAL USE PERMIT
1.Residential Use Types
Caretaker's residence
2.Civic Use Types
Heliports
3.Commercial Use Types
Drive-in theaters
Participant and spectator sports,recreation and
entertainment:outdoor
Radio and television station transmitting towers
Swap meets:outdoor
Unscreened display of goods for sale on the premises
91
4.Industrial Use Types
Manufacturing and processing involving the on -site
production or assembly of goods by hand manufacture
which involves only the use of hand tools or
mechanical equipment not exceeding two (2)horsepower
each or a single kiln not exceeding eight (8)cubic
feet in volume.No use shall be permitted which is
likely to be dangerous,offensive,or detrimental
to the health,safety,welfare,or general character
of this zoning district,neighboring uses,or of the
community by reason of the emission of dust,gas,
smoke,noise,fumes,odors,vibration,glare,or
otherwise.
Automotive and equipment:body or paint shop
Blacksmith or welding shop
Boat building and repair
Cabinet shop
Cleaning and dyeing plant
Electronic components assembly
Instrument manufacturing
Machine shop
Pottery manufacturing
Sheet metal shop
Sign shop '
Upholstery shop
5.Other similar uses as determined by the Planning and
Zoning Commission to be no more detrimental or
obnoxious than the uses above listed.
Section 16.0605 OPERATIONS AND STORAGE
All operations shall be conducted within an enclosed
building,unless otherwise permitted,and all storage of machinery,
equipment,or inventory shall be screened from view from outside
the site boundaries by a six foot (6')high masonry wall or
screening Fence (unless unscreened storage is otherwise permitted);
92
except that the items for sale on the premises may be exposed to
view from outside the site boundaries i f located within an enclosed
building (window display).
Section 16.0606 INTENSITY OF USE
Minimum lot size shall be 20,000 square feet.
Section 16.0607 SITE COVERAGE
Maximum lot coverage shall be seventy-five percent (75%).
Section 16.0608 HEIGHT
Maximum building height shall be thirty feet (30');except
that with the approval of a Conditional Use Permit,the height may
be extended.
Section 16.0609 SETBACKS
1.The following minimum setbacks shall be required:
a.Front yard or any yard with a street frontage on
a corner or multiple street frontage lot:
1)Fifty feet (50')i f off-street parking is
provided in front of the building;or
2)Twenty-five feet (25')i f off-street parking
is provided in the rear or side.
3)No more than one yard with street frontage on
a corner or multiple lot shall be required
to be in excess of twenty-five feet (25').
b.Rear yard:.
1)Twenty-five feet (25');thirty -feet (30')if
abutting a residential district;or
2)Ten feet (10')i f no access or servicing is
provided to rear of property;twenty-five
feet (25')i f abutting a residential
district.
c.Side yard:ten feet (10');twenty-five feet
(25')i f abutting a residential district.
93
2.There shall be a six foot (6')high masonry wall on
the rear and side property lines that are adjacent to
any residential district,unless the side or rear
yard abuts a public roadway which is adjacent to a
residential district,then no wall shall be required
on that property line.
Section 16.0610 PARKING AND LOADING
Off-street parking and loading facilities shall be provided
as required in Article 20 Parking,Loading,and Interior or Private
Street Standards.
ARTICLE 17
INDUSTRIAL DISTRICTS
SECTION 17.0100 CI -1 LIGHT INDUSTRY AND WAREHOUSE ZONE
Section 17.0101 USES PERMITTED
a.Any use permitted in Sections 16.0101-b,16.0201-b,and
16.0201-c.
b.One (1)dwelling unit for a watchman or caretaker and
his family.
c.Any of the following i f conducted wholly within a
completely enclosed building:
Assembly of electrical appliances:radios and
phonographs,including the manufacture of small
parts only,such as coils,condensers,transformers,
crystal holders and the like.
Automobile or trailer assembling,painting,
upholstering,rebuilding,reconditioning,sale of
used parts,truck repair or overhauling,tire
rebuilding or recapping,battery manufacture and
the like.
Blacksmith and welding shop or machine shop
(excluding punch presses over twenty (20)tons rated
capacity,and drop hammer),foundry casting,electro-
plating and electrowinning lightweight nonferrous
metals not causing noxious fumes or odors.
Distribution plant,ice and cold storage plant,
beverage bottling plant.•
Laboratory:experimental,photo or motion picture
film or testing.
Laundry,cleaning or dyeing works,carpet and rug
cleaning.
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.
Manufacture,compounding,assembling,or treatment
of articles or merchandise from the following
previously prepared materials:bone;broom corn;
cellophane;canvas;cloth;cork;feathers;felt;
fiber;fur;glass;hair or bristles;horn;leather;
paper;plastics or plastic products;precious or
semi-precious metals or stones;shell;textiles;
tobacco;wax (paraffin,tallow,etc.);wood
(excluding sawmill or planing mill);yarns;paint
(not employing a boiling process).
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.
Manufacture of glass,pottery or other similar
ceramic products (using only previously prepared
sand or pulverized clay and kilns fired only by
electricity or gas),musical instruments,toys,
novelties,rubber or metal products.
95
Poultry or rabbit killing incidental to a retail
business on the same premises.
Veterinary or cat or dog hospital or kennel.
Wholesale business,storage building,or warehouse.
d.Any of the following if conducted wholly within a
completely enclosed building or within an area enclosed
on all sides with a solid wall,compact evergreen hedge,
or uniformly painted board fence,not less than six feet
(6')in height:
Automobile or automotive body and fender shop.
Building material sales yard,contractor's equipment
sales yard (only),or rental of equipment commonly
used by contractors.
Draying,freighting or truck yard or terminal.
Motion picture studio.
Public utility service yard.
Retail lumber yard,including only incidental mill
work,feed yard.
e.Accessory building or use when located on the same
building site.
f.Airport,airstrip or landing field.
g•Gasoline or flammables bulk station,provided said
products (gasoline or petroleum)shall not be stored
in tanks of more than 10,000 gallon capacity each,
located not less than twenty-five feet (25')from
building or lot line and no closer than 100 feet to
a residential zone.
Liquified petroleum gases (LPG)bulk stations shall
be designed,constructed,and maintained in compliance
with provisions of National Fire Protection Association
(N.F.P.A.)Standards No.58.
96
Section 17.0102 MAXIMUM BUILDING HEIGHT
Thirty-five feet (35').
Section 17.0103 MINIMUM LOT AREA
None.
Section 17.0104 MINIMUM LOT WIDTH
None.
Section 17.0105 MINIMUM LOT AREA PER DWELLING UNIT
None.
Section 17.0106 MINIMUM FRONT YARD
Fifteen feet (15');except as provided in Section 17.0109.
Section 17.0107 MINIMUM SIDE YARDS
None;except as provided in Section 17.0109.
Section 17.0108 MINIMUM REAR YARD
Ten feet (10');except as provided in Section 17.0109.
Section 17.0109 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 ten percent (10%)of the lot
depth or width on the side or sides abutting,facing,or
confronting said uses,but such yard need not exceed fifty feet
(50')unless a greater depth or width is required by the general
setback provisions of this Ordinance,or general 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.
97
Section 17.0110 DETACHED ACCESSORY BUILDING
a.Permitted coverage:forty percent (40%)of the required
rear yard and any additional space within the buildable
area.
b.Maximum building height:twenty feet (20')within the
required rear yard;thirty-five feet (35')within the
buildable area.
c.Minimum distance to main building:seven feet (7').
d.Minimum distance to front lot line:fifteen feet (15');
except as provided in Section 17.0109.
e.Minimum distance to side lot lines:none;except as
provided in Section 17.0109.
f .Minimum distance to rear lot line:four feet (4');
except as provided in Section 17.0109.
SECTION 17.0200 CI -2 HEAVY INDUSTRIAL ZONE
Section 17.0201 USES PERMITTED
a.Any use permitted in Sections 16.0101-b,16.0201-b,
16.0201-c,and Section 17.0201-b through 17.0201-e,
within or without a building or enclosure and not
subject to any limitations shown therein,unless
specifically enumerated in Section 17.0201-e.
b.Any other commercial or industrial use;except those
listed in Section 17.0201-e below.
c.Accessory building or use when located on the same
building site.
d.Airport or landing field.
98
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
jurisdiction,and provided further that when the Zoning
Administrator has satisfied himself that said use will
create no foreseeable flood,traffic,or health hazard
or nuisances as defined by the standards adopted by the
City Council and on file in the office of said
Administrator,said Administrator shall then give notice
by mail to all property owners of record within 300 feet
of the proposed site of said use of his intention to
grant a permit,and giving any interested person thirty
(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 i f no appeal is taken within thirty
(30)days from the date said notices are mailed,the
permit shall be issued and become final upon the
expiration of said thirty (30)day period.
The uses covered by this sub -section are as follows:
Abbatoir (slaughter house)
Auto wrecking;except where conducted wholly within
an enclosed building or behind compact walls not
less than six feet (6')in height.
Blast furnace
Boiler shop or works
Coke oven
Commercial cattle feeding,sales,or auction yard
Dirt,soil,clay,sand,rock,stone,or gravel pit
or yard.
Fat rendering
99
Hog feeding yard,commercial (where more than three
(3)hogs weighing more than 100 pounds each are
fed).
Incineration,reduction,or dumping of offal,garbage
or refuse on a commercial scale,not operated
by a municipality or sanitary district.
Junk yard or storage;except where carried on wholly
within a building or behind compact walls not
less than six feet (6')in height.
Manufacture of acetylene gas,acid,ammonia,asphalt
or products,asbestos,brick,tile or terra
cotta,babbit metal,bleaching powder,carbon,
lamp black or graphite,cement,celluloid,
chlorine gas,coal tar or products,creosote
or products,explosives,fireworks,fertilizer
(including open storage on a commercial scale),
illuminating gas,gelatin,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 exc ptjy,..go)d
process,tar or asphalt roofing"4t0Oitine,
and vinegar.
Meat packing plant
Oil reclaiming plant
Ore reducing plant,on sites of less than 72,000
square feet.
Petroleum products storage above ground;except
in quantities of less than 1,000 barrels.
Petroleum refinery
Racetrack or sports stadium;except for contests
between human beings only.
Rifle range,including pistol range,i f not within
an enclosed building.
Rock crusher,aggregate pit or plant,quarry,
concrete or cement products.
Rolling mill
Rubber reclaiming plant
Salt works
Sandblasting plant
Sewer farm or sewage disposal,not operated under
the control of the municipality or a sanitary
district.
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 (6')in height.
Tannery
Wood or bone distillation
Wool pulling or scouring plant
Section 17.0202 MAXIMUM BUILDING' HEIGHT
Thirty-five feet (35').
Section 17.0203 MINIMUM LOT AREA
None.
Section 17.0204 MINIMUM LOT WIDTH
None.
101
Section 17.0205 MINIMUM LOT AREA PER DWELLING UNIT
None.
Section 17.0206 MINIMUM FRONT YARD
Fifteen feet (15');except as provided in Section 17.0109.
Section 17.0207 MINIMUM SIDE YARDS
None;except as provided in Section 17.0109.
Section 17.0208 MINIMUM REAR YARD
Ten feet (10');except as provided in Section 17.0109.
Section 17.0209 INDUSTRIAL BUFFER REQUIRED
Same as in Section 17.0109.
Section 17.0210 DETACHED ACCESSORY BUILDING
a.Permitted coverage:forty percent (40%)of the required
rear yard and any additional space within the buildable
area.
b.Maximum building height:twenty feet (20')within the
required rear yard;thirty-five feet (35')within the
buildable area.
c.Minimum distance to main building:seven feet (7').
d.Minimum distance to front lot line:fifteen feet (15');
except as provided in Section 17.0109.
e.Minimum distance to side lot lines:none;except as
provided in Section 17.0109.
f .Minimum distance to rear lot line:four feet (4');
except as provided in Section 17.0109.
102
ARTICLE 18
GUEST RANCH REGULATIONS
In addition to other provisions of this Ordinance,the
following shall apply to guest ranches in any zone where permitted:
Section 18.0101 ACCESSORY USES PERMITTED
a.Accessory commercial uses,i f located on the premises
of the guest ranch not closer than 100 feet to any
public street,having no outside entrance and facing
such street,and intended,provided,and operated
primarily for the convenience of guests as follows:
Beverage service
Horses for the use of the occupant and guests,
but not for public hire.
Incidental retail sales and services
Personal services
Professional office
Restaurant
b.A guest ranch shall stable or keep not more than one (1)
horse for each 10,000 square feet of land area,and no
stable or corral shall be closer than fifty feet (50')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).
Section 18.0102 MINIMUM LOT AREA
144,000 square feet.
103
I
SECTION 19.0101
SECTION 19.0102
SECTION 19.0103
SECTION 19.0104
SECTION 19.0105
SECTION 19.0106
SECTION 19.0107
SECTION 19.0108
SECTION 19.0109
SECTION 19.0110
SECTION 19.0111
ARTICLE 19
PLANNED DEVELOPMENT ZONING DISTRICT
INTENTION AND PURPOSE
PERMITTED USES
PROCEDURE
DOCUMENTATION CONTENT REQUIRED
STAGING (RESERVED)
DEVELOPMENT STANDARDS
DEDICATION AND MAINTENANCE OF FACILITIES
MIXED LAND USES (RESERVED)
GENERAL CRITERIA
CONVERSIONS OF PRE-EXISTING DEVELOPMENTS TO
PLANNED DEVELOPMENTS
SUPPLEMENTARY PROVISIONS
Section 19.0101 INTENTION AND PURPOSE
In certain instances the objectives of the Zoning Ordinance
may be best achieved by the promotion of planned developments which
do not conform in all respects to the land use patterns and
regulations of conventional zoning.I t is the intention and
purpose of the Planned Development Zoning District (PD)to provide
for greater flexibility,and thereby encourage more creative design
which may include a combination of different dwelling types and/or
a variety of land uses which complement each other and which are
compatible with existing and proposed land uses in the vicinity.
Therefore,i t is intended to enable the use and integration of
'contemporary land planning principles in such a manner as to
promote its most appropriate use;to allow diversification in the
relationship of the various uses,structures,and spaces;to
facilitate the adequate and economical provisions of streets and
utilities;to preserve the natural green spaces;to counteract the
effects of urban congestion and monotony while providing the
environmental amenities;and provide the unified control of
development of land.
104
I t is further the intent to insure substantial compliance
with the General Plan adopted by the City now or in the future and
spirit of intent of the Zoning Ordinance in requiring adequate
standards necessary to promote the public health,safety,and
general welfare without unduly inhibiting the advantages of modern
planning as a means of effectuating desirable development,
redevelopment,rehabilitation,and conservation in the City of
Apache Junction for residential,commercial,industrial and other
purposes.
Section 19.0102 PERMITTED USES
1.The buildings and uses permitted in the Planned Develop-
ment Zoning District shall be governed by the permitted
uses in the base district or in a combination of base
districts.The base district or districts from which
permitted uses shall be determined shall include only
those designated in the application and approved by the
City Council.
2.Upon the approval of the City Council,the arrangement of
uses on the land as permitted by the base district(s)and
the proportions of permitted land use defined by the
underlying base district(s)may be adjusted,rearranged,
or altered according to the standards and regulations
as provided in this Article.
3.Any use applied for and not specifically listed in this
Zoning Ordinance,i f approved by the City Council,shall
be designated to the base district for which the use,
when applied,would most resemble.
4.By "base district,"this Article means any conventional
zoning district as approved by the City Council for a
particular area.Normally,a base district will be
those existing or compatible with existing conventional
zoning districts in the subject area.
Section 19.0103 PROCEDURE
The development plan review shall be conducted according to
the following steps,procedures,and requirements,notwithstanding
any other provisions of this Zoning Ordinance.There shall be a
three (3)step process for PD approval consisting of Step One:Base
Zoning;Step Two:Preliminary Plan;and Step Three:Final Plan.
Each step is outlined below.
105
1.General Procedure
a.Application for a Planned Development Zoning District
(PD)shall be filed in writing on the form required
for amending the Zoning Map.
No application shall be accepted unless i t is
complete and is verified as to the correctness of
the information given by the signature of the
applicant attesting thereof.
The applicant or designated representative is
requested to be present at meetings or hearings on
their application.
b.The proposed PD shall be in one (1)ownership or
control,or the subject of a joint application by
the owners of all the property included.
c.At the time of filing,a fee shall be due in the
amount prescribed for "Planned Development"on the
most current "Schedule of Filing Fees"as found in
Section 13.0103 of the Zoning Ordinance.
d.The application shall be accompanied by filing
documents and information as prescribed in this
Article and/or as prescribed by the City.
2.Step One -Base Zoning Application
a.The approval of Step One shall be construed as only
concept approval of •the Base Zoning and shall serve
as official approval of the base zoning amendment to
the Zoning Map.
b.This process will follow the procedure required
for zoning amendments and shall include public hear-
ings.
3.Step Two -Preliminary Plan
a.The approval of Step Two shall be preliminary plan
approval.At the developer's option,this step can
run concurrently with,but separately from Step One.
b.Investigation and Reports:The Development Coordin-
ating Committee (DCC)shall review the preliminary
plan to insure i t meets the requirements of the City
and shall make appropriate recommendations to the
City Council.No public hearing will be required.
106
c.Council consideration:Upon the recommendation from
the DCC,the City Council shall review the prelimin-
ary plan and may:
1)Approve the preliminary plan;or
2)Approve requiring changes;or
3)Return the plan for revision;or
4)Deny the application;or
5)Refer the application back to the DCC.
d.Approval shall be valid for one (1)year or for the
period given in the approved schedule of development.
The developer may request an extension,not to exceed
one (1)year,by formal request and action by the
City Council prior to the date of expiration of the
preliminary approval.
4.Step Three:Final Plan
a.Within one (1)year after the approval of a prelimin-
ary plan,the applicant shall file,with the Building
Division,a final plan for the entire development,
or when submission in stages has been authorized,
for the first stage of development.
b.Approval shall require City Council action and will
be obtained through the standard building and off-
site improvement permit process when i t can be shown
that the proposed project meets all requirements as
set forth with the preliminary plan approval (Step
Two),and technical requirements,subdivision
regulations,and all other conditions are met.No
public hearing will be required.
Section 19.0104 DOCUMENTATION CONTENT REQUIRED
The following information and documents shall be submitted
with the application to the Department of Planning:
1.Step One:Base Zoning Application
a.Before submitting an application for a Planned
Development,the applicant is urged to confer with
the Department of Planning to obtain an application
and discuss procedures,fees,schedules,and
assistance.
b.A sketch map for a Planned Development shall be
submitted to adequately describe and show the
intentions of the developer.
2.Step Two:Preliminary Plan
Provide the required number of site development plans as
required by the Department of Planning showing:
a.Location for vehicle and pedestrian circulation indicat-
ing streets,driveways,sidewalks,topography,
structures,buildings,pedestrian -ways,off-street
parking,loading areas,recreation areas,open space
areas,storm water retention areas,wash locations,
adjoining development,major topographical features,
walls,and provisions for fire protection and emergency
vehicle access.
b.A tabulation of the land area to be devoted to various
uses,including an indication of land to be dedicated for
street,park,school,and other purposes.
c.Preliminary architectural elevations and/or perspectives
necessary to demonstrate the design and character of the
proposed development.
d.Other relevant data and reasonable information as the DCC
and City Council may require,including,but not limited
to:drainage reports/computations;preliminary architec-
tural drawings;sketches or perspective renderings
necessary to demonstrate the design and character of
the proposed development.
3.Step Three:Final Plan
The information submitted shall be detailed to indicate fully
the ultimate operation and appearance of the development and shall
include the following:
108
a.A final site plan showing the accurate location of
streets,lots,tracts,rights -of -way,open spaces,
structures,buildings or pads,utility easements,
drainage -ways,parking areas,and retention basins.
b.Improvement plans indicating provisions for site grading,
drainage,water,sewer/septic,street lights,storm water
retention,street paving,curb,sidewalk,electric,
telephone,cable television,fire hydrants,and gas.
c.Comprehensive soil,drainage,and geological reports
as required by the Building Official or the City
Engineer.
d.Requirements for subdivision,i f applicable,as set forth
in the Subdivision Ordinance.
Section 19.0105 STAGING
(Reserved)
Section 19.0106 DEVELOPMENT STANDARDS
In addition to the regulations normally found in the
district,the following shall apply to the Planned Development
Zoning District:
1.Density:The allowable density shall not exceed that
as set forth in the City's General Plan or the base
zone(s).
a.Planned Development in more than one district:
I f the Planned Development is in more than one
zoning district,the number of allowable dwelling
units must be separately calculated for each
portion of the Planned Development that is in a
separate zone,and must then be combined to determine
the number of dwelling units allowable in the entire
Planned Development.
The distribution of dwelling units and lot sizes
within the Planned Development need not be affected
by existing zoning district boundaries.Individual
buildings,accessory buildings,off-street parking
and loading facilities,open areas,and landscaping
and screening may be located without reference to
lot line,save the boundary lines of the development.
109
When calculating density of a proposed Planned
Development,the total area,including street
dedication shall be included.
b.Reasonable minimum lot sizes or other minimum
requirements for a part or all of the Planned
Development area may be required by the City.
2.Setbacks and Spacing Between Buildings
a.Perimeter setbacks:Generally,these setbacks will
be those of the base district,unless otherwise
approved by the City Council.
b.Interior setbacks:As approved by the City Council,
provided no setback shall violate requirements of the
Uniform Building Code or the Uniform Fire Code.
c.Buildings,walls,and trailer units shall be located
in such a manner so as to avoid a corridor,tunnel,
linear,or barracks -like effect.
d.Increased setbacks:Setbacks greater than those
of the immediately adjacent property may be required:
i.e.,where the intensity of development is greater
than that of the adjacent property.
e.The following criteria shall help govern the degree
an applicant shall be permitted to deviate from the
base zoning district requirements.
1)A better design can be achieved by not applying
the provisions of the zoning district;and
2)Adherence to the requirements of the zoning
district is not required in order to insure
health,safety,and welfare of the inhabitants
of the development;and
3)Adherence to the requirements of the zoning
district is not required in order to insure that
property values of adjacent properties will not
be reduced.
3.Usable Open Area:There shall be a minimum of twenty
percent (20%)of the total area of the Planned Develop-
ment dedicated or reserved as common usable open area.
Such area shall be clearly designated on the plan as
to the character of use and development,but shall
not include:
110
a.Private or public dedicated streets,alleys,and
other rights -of -way.
b.Vehicular drives,parking,loading,and storage
areas.
c.Tracts or areas having a dimension of less than
twenty feet (20').
4.Off -Street Parking Facilities
The following shall apply in all Planned Developments:
a.Parking requirements shall be equal to at least the
sum of the parking requirements for all uses proposed
and which is equal to that required in Article 20
herein.
b.Development standards shall be required by current
City policy and the following guidelines:
1)Private streets may serve circulation and park-
ing purposes if providing adequately for all
public sources and convenience.
2)A building group may not be so arranged that
any temporary or permanently inhabited building
is inaccessible by emergency vehicles.
3)Driveways and circulation roadways shall be
designed to minimize traffic congestion.
Section 19.0107 DEDICATION AND MAINTENANCE OF FACILITIES
The City may require •as .a condition of approval those
portions of the tract under consideration be set aside,improved,
conveyed,or dedicated for the following uses:
1.Streets:That right-of-way widths as designated on the
City's Street Classification Plan be dedicated for
streets and utility purposes.Such other streets neces-
ary for access or development of adjacent properties
may also be required.
111
2.Easements:That owner shall grant to the City such
easements as will be required to insure the necessary
and orderly extension of public utilities,including
easements over all nondedicated private streets over
which the City may need ingress or egress for the purpose
of protecting the health,safety,and welfare of the
public,and for the provision of municipal services.
3.Underround Utilities:All electric and telephone
facilities,cable,street light wiring and other wiring,
conduits,and similar utilities and facilities shall be
placed underground by the developer.
4.Recreation Facilities:The City may require that suit-
able area for parks and playgrounds be set aside,
improved,or permanently reserved for the public,owners,
residents,employees,or patrons of the development.
Section 19.0108 MIXED LAND USES
(Reserved)
Section 19.0109 GENERAL CRITERIA
A Planned Development may be granted only i f i t is found that
the development conforms to all of the following general criteria:
1.That the location,design,size,and uses are consistent
with the General Plan adopted by the City now or in the
future,and with any other applicable plan,development
map,or ordinance adopted by the City Council.I f the
development plan is found to be in the public interest,
but is in conflict with the General Plan,amendment of
the General Plan shall be approved before approval may
be granted for the Planned Development.
2.That the location,design,and size are such that the
development can be well integrated with its surroundings;
is planned and developed with the intention to harmonize
with any existing or proposed development in the adjacent
neighborhood;and in the case of a departure in character
from surrounding uses,that the location and design will
adequately reduce the impact of the development so the
project will not be detrimental to the adjacent property.
3.That the location,design,size,and uses are such that
traffic generated by the development can be safely
accomodated without congestion on existing or planned
streets.
112
4.That the location,design,size,and uses are such that
the residents or establishments to be accomodated will be
adequately served by existing or planned public
facilities and services.
5.That the location,design,size,and uses should result
in an attractive,healthful,efficient,and stable
environment for living,shopping,working,and leisure
activities.
6.That the development plan make appropriate provision for
the preservation of the environment,both natural and
man-made.
Section 19.0110 CONVERSIONS OF PRE-EXISTING DEVELOPMENTS TO
PLANNED DEVELOPMENTS
1.The City Council may approve a Planned Development for an
area previously subdivided,in which case said develop-
ment and any structure constructed thereon shall be
considered in conformance with zoning requirements as
to lot size,setbacks,and height.Such an area may
include a group of structures either substantially
constructed or in existence at the time of the effective
date of this Ordinance,which structures when constructed
were intended to be similar in purpose and are substan-
tially similar in design and purpose on the effective
date of this Ordinance.
2.Applicants for conversion of pre-existing developments
to Planned Development District Zoning shall follow the
application procedures for plan reviews as set forth in
this Article;except that the Department of Planning
shall advise the applicant as to appropriate modifi-
cations which might be made in application requirements.
3.In a pre-existing development,the signatures of fifty-
one percent (51%)of the property owned by both number
and area shall be required to initiate a Planned
Development application for such areas,provided,
however the Commission may initiate a Planned Develop-
ment conversion within a pre-existing development in
accordance with the provisions of this Code.
113
Section 19.0111 SUPPLEMENTARY PROVISIONS
1.Limitation on Resubmission:Whenever an application
for a Planned Development has been denied,a similar
application for the same area or any portion thereof
shall not be filed within one (1)year after the date
of denial.
2.Adherence to Approved Plan and Modification Thereof:
The application shall be bound by plans,narrative,
covenants,conditions,and restrictions for the
developer and his successors in interest,and by the
conditions prescribed for approval of the development.
The approved final plan shall control the issuance of
all building permits,and shall restrict the nature,
location,and design of all uses.Minor changes in
final development plans may be approved by the Building
Official i f such changes are consistent with the purposes
and general character of the development plan.All
major changes,modification,and amendments shall be
approved by the City Council.
3.Revocation For Failure to Adhere to Approved Plan or
Satisfy Conditions of Approval:Failure to comply with
the approved final development plan or any prescribed
condition of approval shall constitute a violation of
this Article as prescribed in Article 7.The Commission
may,after giving notice,hold a public hearing and
recommend revocation of a base zoning district to the
City Council who may consider the recommendation and act
in the same manner as in considering any zoning request.
4.Expiration and Reversion of Planning Development Zoning
District:I f within one (1)vear after the approval ofDistrict:I f within one (1)year after the approval of
the prel iminary plan and designation on the Zoning
District Map of the City of Apache Junction,Arizona,by
the City Council,construction specified in the final
development plan has not commenced or cannot be developed
as approved,then the Planned Development shall be
recalled to the City Council for review.I f i t has not
been shown that i t is in the public interest,and i f the
applicant has not demonstrated good cause necessitating
the extension of time,the City Council shall revert
the Planned Development designation to the base zone
existing at the time of approval,or any other
appropriate designation.
114
If,however,the applicant shows good cause necessitating
an extension which would serve the public interest,then
the City Council may grant an extension of time not
exceeding one (1)year.Under such circumstances,the
developer will be obligated to update the final plan
and improvements plan to meet current City requirements.
5.Transfer and Assignments:I f during any stage of the
development,the property under application,or any
portion thereof is assigned to another,then the assignee
shall be bound to the requirements and design of the
approved project.
6.Cancellation by Applicant:Cancellation may be
initiated by the applicant of the property covered by the
application by means of a written notice.Cancellation
of the application shall become effective thirty (30)
days after receipt of the notice of cancellation in
the Office of the Department of Planning,and shall
cause the reversion of zoning to the original designa-
tion.
7.Use of Occupancy:No building or structure within the
Planned Development shall be used or occupied,and no
change in the existing occupancy classification of a
building or structure or portion thereof shall be made
until the Building Official has issued a Certificate of
Occupancy as provided under the provisions of the
Uniform Building Code.
8.Planned Development Precedents:The approval of
departures from standards ordinarily required for a
base district zone,or for any other PD,shall not be
considered as precedent setting when approved for any
Planned Development project.
9.Construction Standards/Building Permit Issuance:
The provisions of the Uniform Building Code and all
other City codes,policies,guides,and detailed
standards shall apply and control all design and
construction of improvements.
10.Map Change:Approval by the City Council of the
base district zone in accordance with the procedbasedistrictzoneinaccordance with the procedures
and requirements of the Apache Junction Zoning Ordinance
shall constitute approval of the necessary amendment of
the Zoning District Map of the City of Apache Junction,
Arizona,and the Map shall be changed.
115
11.Termination of a Planned Development After Completion:
A Planned Development may not revert to any base district
upon completion unless,and until,all requirements of
the base district are complied with.Should the
applicant of an approved Planned Development wish to
discontinue the Planned Development use upon
completion,including the continuation of the Planned
Development Zoning District designation,the process
shall follow the procedure required for zoning amend-
ments.
ARTICLE 20
PARKING,LOADING,AND INTERIOR OR PRIVATE STREET STANDARDS
SECTION 20.0101
SECTION 20.0102
SECTION 20.0103
SECTION 20.0104
SECTION 20.0105
SECTION 20.0106
SECTION 20.0107
SECTION 20.0108
INTENTION AND PURPOSE
GENERAL PROVISIONS
DETAILED STANDARDS
OFF-STREET PARKING REQUIREMENTS
LOADING FACILITIES REQUIREMENTS
PARKING -ADDITIONAL REQUIREMENTS
HANDICAPPED PERSONS PARKING REQUIREMENTS
INTERIOR OR PRIVATE STREET STANDARDS
Section 20.0101 INTENTION AND PURPOSE
I t is the intent and purpose of the parking and loading
requirements to provide for adequate off-street parking spaces to
serve residential,commercial,industrial,institutional,and other
land uses,and thus help to prevent congestion of City streets.
Proper design of,and access to,parking facilities shall be
required in order to protect the public health,safety,and
welfare.Furthermore,i t is the intent and purpose of these
regulations to promote the functional efficiency of all land uses
by requiring off-street parking and loading facilities consistent
with modern standards.
116
Section 20.0102 GENERAL PROVISIONS
1.The provisions and maintenance of required off-street
parking and loading facilities are continuing
obligations of the property owner or tenant.Required
parking spaces shall be improved as required and made
available for use before final inspection is completed
by the Building Official.
2.In all zoning districts,required off-street parking
shall be located on the premises intended to be served.
3.Required parking spaces shall be available for parking
of vehicles of residents,customers,patrons,and
employees,and shall not be used for storage of
vehicles or materials,or for the exclusive parking of
vehicles used in conducting the business or use,and
shall not be used for selling,repairing,or servicing.
4.In a residential zoning district,no required parking
spaces shall be provided in the front yard setback
area;and provided further,except for single-family
dwellings and mobile homes,no parking shall be
permitted in the front yard setback area.
5.A plan,drawn to scale,indicating how the off-street
parking requirements are to be met shall accompany
an application for a building permit where parking
is required.The plan shall show all elements necessary
to indicate that the parking requirements as set
forth in this Article are being fulfilled,and shall
include at least the following:
a.Delineation of individual parking spaces;and
b.Circulation area necessary to serve spaces;and
c.Access to streets and property to be served;
and
d.Curb cuts;and
e.Dimensions,continuity and type of screening;and
f .Grading,drainage,and surfacing details;and
g.Delineation of obstacles to parking and
circulation in finished parking area;and
117
h.Specifications as to signs and bumper guards;
and
i .Landscaping.
6.When the unit of measurement determining the number of
required parking spaces results in the requirement of a
fractional space,any fraction up to and including one-
half (0.5)shall be disregarded,and fractions over
one-half (0.5)shall require the additional one (1)
parking space.
7.When parking areas are provided on a separate lot,the
front setback requirements shall be determined as if
applied to a one (1)story structure within the zoning
district where it is located.
Section 20.0103 DETAILED STANDARDS
All parking and loading areas shall be developed and
maintained as follows:
1.Except for single-family and duplex dwellings,driveways
and areas for loading,parking,and maneuvering of
vehicles shall meet the requirements of the Director of
Public Works with regard to traffic flow onto public
streets and alleys.
2.A parking area shall be designed to dispose of all surf-
ace water accumulation within the area in such a manner
as to prevent drainage onto adjoining property,and shall
meet all other drainage'requirements of the Director of
Public Works.
3.A loading berth shall have minimum dimensions of
fourteen feet (14')wide and fifty feet (50')long,and
where covered shall have a vertical clearance of at
least fourteen feet (14').If the loading area is in
the buildable area,this requirement shall not prevent
the construction over the loading space clearance area.
4.Each required parking space shall be not less than nine
feet (9')wide and not less than twenty feet (20')long,
exclusive of access drives or aisles.
5.No obstructions of any kind shall be permitted within
any designated parking space.
6.No parking space shall be located in a manner as to
block access to another parking space;except on a
parking lot with a parking attendant having access to
each vehicle's keys.
7.Parking spaces shall be designed so that no backward
movement of a vehicle onto a public right-of-way,other
than an alley,will be necessary;except for single-
family and duplex dwellings.
8.When installed,bumper guards or wheel barriers shall
be secured to the ground surface and shall be so
installed that no portion of a vehicle will project
onto a public right-of-way,over adjoining property,
over a sidewalk,or into a required setback,landscaping
or screening.
9.Lighting of a parking area shall not interfere with
surrounding areas or traffic flow.
10.Directional signs and pavement markings shall be used
to control vehicular movement in a parking area.Signs
shall be limited to two (2)square feet each,and an
aggregate total not to exceed twenty (20)square feet.
No sign of any kind other than those indicating
entrances,exits,name of establishment to which such
parking area is accessory,or conditions of use shall
be erected.No advertising on such signs shall be
permitted.
11.No driveway over 300 feet long shall exceed a ten
percent (10%)grade,and no driveway shall exceed
seventeen percent (17%)grade.
12.A common driveway shall be permitted for adjacent
residential lots.At least one-half (1/2)the
minimum required width of the service driveway shall
be located contiguously on each lot.Legal evidence
shall be presented to the Director of Public Works
and approved by the City Attorney,in the form of
deeds,leases,or contracts to establish joint use,
prior to zoning approval.
13.Where a parking area for a business or commercial use
is a side or rear yard and adjoins a residential zoning
district,a solid wall or fence of masonry or other
approved fireproof material shall be constructed
between the parking area and said district not less
119
than four feet (4')nor more than six feet (6')in
height;except that no fence shall be required within
twenty feet (20')of the public right-of-way.
14.No parking lot shall have a vehicular entrance or exit
onto a public right-of-way within thirty feet (30')of
a residential zoning district,or within fifty feet
(50')of any school grounds,public playground,church,
hospital,sanatorium,public library,or institution
for dependents or for children.
15.Off-street parking areas shall be arranged so as to
conform with the standards depicted in Figure 20-1,
"Off -Street Parking Standards Illustrated."
Section 20.0104 OFF-STREET PARKING REQUIREMENTS
The following sets forth the minimum number of parking spaces
to be provided as required by this Ordinance.Requirements for a
building or use not specifically listed shall be determined by the
Director of Planning or the Building Official based upon the
requirements of similar uses.
1.Residential
a.One -family dwelling unit:two (2)spaces for
the dwelling unit.
b.Duplex and multiple family dwelling units:
*Studio or efficiency unit:1 space per dwelling unit.
*Family lodging house:0.75 space for each person
for whom living accomodations are provided.
* One bedroom apartment:1-1/2 spaces per dwelling
unit.
* Two or more bedroom apartment:2 spaces per dwelling
unit.
*Accessory rooms,such as dens,recreation rooms,extra living
rooms or family rooms,but excluding kitchens,dining rooms,
bathrooms,and one living room,shall be calculated as a bedroom
when determining the required off-street parking spaces.
120
c.Group home:One space per bedroom,plus one (1)space
for each staff member.I f counseling services are
provided to nonresidents,an additional one (1)
space for each 200 square feet of gross floor area
used by said counseling services shall be provided.
The Commission may authorize provision of fewer
parking spaces if there is a clear indication that
the number of required spaces is unnecessary due to
such factors as residents being unable to drive due
to age or mental or physical disability.
d.Mobile home park:One (1)space per mobile home
space,plus parking spaces for commercial or office
use as otherwise provided in this Ordinance,plus
one (1)parking space for each five (5)mobile home
spaces,said spaces to be located in a security area.
e.Travel trailer park or tourist court:One (1)
parking space per travel trailer space,plus
parking spaces for commercial or office uses as
otherwise provided in this Ordinance,plus one (1)
parking space per each ten (10)travel trailer
spaces,said spaces to be located in a security area.
f .Rooming house or boarding house:One (1)space per
guest room,plus one (1)space for resident manager.
g•Mobile home subdivision:Two (2)spaces per lot.
2.Amusement park,fairground,or transient show:
(Reserved)
3.Arena,stadium,auditorium,or theater:One (I)space
for every four (4)seats (twenty inches (20")of bench
or pew shall be considered one (1)seat.)**
4.Assembly hall (without seats):One (1)space for each
100 square feet of floor area used for assembly.
5.Bank:One (1)space for each 250 square feet of gross
floor area.
6.Bar,club,lodge,meeting room,nightclub,and rest-
aurant having sit down places:One (1)space for each
fifty (50)square feet of gross floor area.
7.Bowling alley:Three (3)spaces for each alley.
8.Bus terminal:One (1)space for each 400 square feet
of gross floor area.
121
1
9.Church:One (1)space for every five (5)seats in the
principal auditorium (twenty inches (20 11)of bench or
pew shall be considered one (1)seat)."
10.Clinic:One (1)space for each 200 square feet of
gross floor area.
11.Club with overnight accomodations:One (1)space for
each two (2)guest rooms or suites,plus requirement
for a club.
12.Funeral home:Eight (8)spaces per reposing room,plus
one (1)space per funeral vehicle,plus one (1)space
per employee.
13.Home occupation:One (1)space,in addition to the
required parking for the dwelling.
14.Hospital:One and eight -tenths (1.8)spaces per bed,
however hospital bassinettes shall not be counted as
beds.
15.Hotel:One space for each two (2)guest rooms or suites,
plus one (1)space for each 200 square feet of gross
floor area devoted to other uses.
16.Industrial establishment:One (1)space for each
1,000 square feet of gross floor area,or one (1)
space for each four (4)employees on the largest
shift,whichever is greater.
17.Motel:One (1)space for each guest room or suite,
plus one (1)space for each 200 square feet of gross
floor area devoted to other uses.
18.Nursing home:One (1)space per two (2)beds.
19.Office:One (1)space for each 200 square feet of gross
floor area.
20.Pool hall:One (1)space for each 100 square feet of
gross floor area.
21.Racquet/handball court:Two (2)spaces per court.
22.Restaurant -drive-in:(Reserved)
23.Retail store,service or repair shop:One (1)space
for each 400 square feet of gross floor area.
122
24.Retail store or service or repair shop that handles
bulky merchandise,such as furniture,large household
appliances,or motor vehicles:One (1)space for each
800 square feet of gross floor area.
25.School -business,secretarial,industrial,technical,or
trade:Six (6)spaces for each classroom.
26.School -college or university:Two (2)spaces per 1,000
square feet of gross floor area used for academic
purposes,plus one (1)space for each four (4)student
rooming units,plus additional spaces as required for
nonacademic uses.
27.School -preschool,nursery,kindergarten,elementary,or
junior high:Two (2)spaces for each classroom and
administrative office.
28.School -senior high:One (1)space for each ten (10)
students for which the building was designed,plus one
(1)space for each classroom and administrative office.
29.Shopping center:(Reserved)
30.Skating rink:One (1)space for each 100 square feet of
gross floor area.
31.Swimming pool:One (1)space for each 100 square feet of
pool,sunbathing,and picnic area.
32.Tennis court:Three (3)spaces per court.
33.Wholesale establishment,warehouse,or air,rail,or
trucking freight terminal:One (1)space for each 5,000
square feet of gross floor area,or one (1)space for
each four (4)employees on the largest shift,whichever
is greater.
**Where permanent seating is not fixed,the seating capacity as
determined by the Apache Junction Fire District may be used to
determine the number of seats.
Section 20.0105 LOADING FACILITIES REQUIREMENTS
In all zoning districts,in connection with every building
hereafter erected to be occupied by uses requiring the receipt or
shipment by motor vehicles of materials or merchandise,there shall
be provided and maintained on the same premises with such building,
off-street loading and unloading space accessible from an alley or
123
easement of access,or when there is no such alley or easement of
access,from a street.One (1)loading space shall be required for
each 10,000 square feet of floor area.I f less than 10,000 square
feet exists,5,000 or more square feet of floor area shall require
one (1)loading space.
Such spaces may occupy all or part of any required rear yard;
except that no such space shall be located closer than fifty feet
(50')to any lot in a residential zoning district unless wholly
within a completely enclosed building or enclosed on all sides
abutting said residential zoning district by a solid fence or wall
not less than five feet (5')nor more than six feet (6')in height.
Section 20.0106 PARKING -ADDITIONAL REQUIREMENTS
1.In any residential district,all motor vehicles which
are unlicensed or incapable of movement under their
own power shall be stored in a rear yard in a completely
screened space,garage,or carport;except in an
emergency.
2.One (1)travel trailer which shall not be used for any
purpose,may be stored or parked in a residential zoning
district in the rear yard,provided said trailer is
stored in a garage or ramada,or in an area shielded
from adjoining properties by an opaque fence or planting.
Section 20.0107 HANDICAPPED PERSONS PARKING REQUIREMENTS
(Reserved)
Section 20.0108 INTERIOR OR PRIVATE STREET STANDARDS
All interior or private street surfaces in any type of
development or access thereto shall be at least a minimum of
twenty-eight feet (28'),with a minimum turning radii of twenty-two
feet (22').
124
ARTICLE 21
SIGNS,BILLBOARDS,NAME PLATES,AND OTHER OUTDOOR ADVERTISING
Section 21.0101 DEFINITIONS
For the purpose of this Article,certain words and terms used
herein are herewith defined:
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
and board,sign,or surface used exclusively to display official
notices issued by any court or public office or posted by any
public officer in performance of a public duty or a private person
in giving legal notice.
AREA OF SIGN:The largest rectangle that is required to enclose
one (1)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.
BILLBOARD:An advertising structure which is supported by posts,
standards,or 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.
DIRECTIONAL SIGN:A sign giving only the name,location and/or
direction of a use not located on the same premises.For a church,
i t may include a schedule of services.
IDENTIFICATION SIGN:An announcement sign giving the name and
description of a permitted use located on the premises.
REAL ESTATE SIGN:A sign advertising that property on which sign
is located is for sale,for rent,or for lease.
SIGN:An advertising structure,display board,screen structure,
object or part thereof used to announce,identify,declare,
demonstrate,display,or otherwise advertise and attract the
attention of the public by words,letters,figures,designs,
fixtures,colors,or illumination publicly displayed out of doors.
125
TEMPORARY SIGN:Any sign used for a period not exceeding thirty
(30)days,and advertising a use on the premises where the sign is
located,or advertising the property for sale,for rent,or for
lease.
Section 21.0102 '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
geographical 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 commemorat-
ing 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,on the temporary buildings,on
the construction canopy,on the building under
construction or on the building site,provided that not
more than one (1)sign is displayed on each street
frontage,and provided further that such signs are
removed upon completion of the construction,alteration,
or repair.
Section 21.0103 EXISTING SIGNS
Any sign,billboard,or commercial advertising structure
which lawfully existed and was maintained at the time this Article
became effective may be continued and maintained although such
structures do not conform to all of the provisions hereof,provided
that no structural alterations are made to such nonconforming
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.
126
Section 21.0104 SIGNS PERMITTED IN CR-1 AND CR-2 ZONES
a.One (1)unlighted or indirectly lighted name plate for
each dwelling unit,not exceeding three (3)square feet
in area,indicating the name of the occupant and a
permitted occupation.
b.One (1)unlighted or indirectly lighted identification
sign not exceeding twenty (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 twenty (20)
square feet advertising only the farm products grown or
produced on the premises.
d.Unlighted real estate signs not exceeding a total of
twenty-five (25)square feet in area.
e.Unlighted or indirectly lighted signs not directional
signs as regulated in Section 21.0109,for a non-
conforming business or industrial use.
f .Real estate signs not exceeding three (3)in number,
provided that the total sign area shall not exceed one
(1)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 twelve (12)
consecutive 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 twelve consecutive months,whichever
comes first;and provided further that the signs shall
not be erected within 100 feet from any residence
outside the subdivision or real estate development
tract on which the signs are to be erected;except
that on tracts of 36,000 square feet or less,or on
tracts with a frontage of 600 feet or less,one (1)
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 (3)
square feet in area shall not be closer than fifteen
(15')to any lot line.
127
Section 21.0105 SIGNS PERMITTED IN CR-3,CR-4,AND CR-5,ZONES
a.One (1)unlighted or indirectly lighted name plate for
each dwelling unit,not exceeding two (2)square feet
in area,indicating the name of the occupant,and a
permitted occupation.
b.One (1)unlighted or indirectly lighted sign not
exceeding twelve (12)square feet in area for multiple
dwellings having four (4)or more dwellings.
c.One unlighted or indirectly lighted identification
sign not exceeding twenty (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 twelve (12)square feet,or one (1)unlighted sign
not exceeding twenty-five (25)square feet in area
advertising the sale of four (4)or more lots in any
subdivision.
e.One unlighted or indirectly lighted directional sign
as regulated in Section 21.0107,and one (1)unlighted
or indirectly lighted sign not exceeding twenty (20)
square feet in area for a nonconforming business or
industrial use.
f.Real estate development signs not exceeding three (3)
in number,provided that the total sign area shall not
exceed one (1)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 twelve (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 twelve (12)successive
months,whichever comes first,and provided further
that the signs shall not be erected within 100 feet
from any residence outside the subdivision or real
estate development tract on which the signs are to be
erected;except that on tracts of 36,000 square feet
or less,or on tracts with a frontage of 600 feet or
less,one (1)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 (2)square feet in area shall not be
closer than fifteen feet (15')to any lot line.
128
Section 21.0106 SIGNS PERMITTED IN TR AND CB -1 ZONES
a.Signs pertaining only to a use conducted on the premises
and not exceeding one-half (1 /2 )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 twenty (20)square
feet and shall not exceed a total area of fifty (50)
square feet on any one street,and provided that not
more than two (2)exterior signs for any one use
shall be displayed on any one street.
b.Real estate signs not exceeding a total area of
twenty-five (25')square feet,and directional signs
as regulated in Section 21.0109.No portion of any
sign shall extend within ten (10')feet of any street
lot line or within ten feet (10')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 ten feet (10')of a street
lot line,such sign shall be attached flat against such
wall and parallel with its horizonal dimension.
Section 21.0107 SIGNS PERMITTED IN GR ZONES
a.Any sign as permitted in Sections 21.0104 and 21.0106.
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 designated
as "scenic"on the adopted Map of Major Thoroughfares
and Proposed Routes,provided such billboard shall have
at least three feet (3')of clear space or open lattice-
work beneath it,and the sign itself shall not be more
than twelve feet (12')in height,not including the
supporting structure,and not more than a total of
forty-seven feet (47')in length,shall be spaced not
closer than 100 feet to any other billboard;except
that two (2)such billboards may be erected in a V
position and shall be set within the buildable area
and not closer than twenty feet (20')to any
residential structure on the same property.
129
Section 21.0108 SIGNS PERMITTED IN CB -2 AND CI -1 ZONES
a.Signs pertaining only to a use conducted on the premises,
provided that not more than two (2)exterior signs shall
be displayed for any one use on any one street;real
estate signs;directional signs as regulated in
Section 21.0109.
b.Sky signs,provided that each shall set back not less
than three feet (3')from the main outside walls of the
building;shall not project higher than twenty-six
feet (26 1)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 (6').
c.Billboards;except within 500 feet of a route designated
as "scenic"on the adopted Map of Major Thoroughfares
and Proposed Routes,provided such billboards shall have
at least three feet (3')of clear space or open lattice-
work beneath it,and the sign itself shall not be more
than twelve feet (12')in height,not including the
supporting structure,and not more than a total of
forty-seven feet (47')in length,and shall not be set
closer than ten feet (10')to any street lot line and to
any interior lot line abutting property in a rural or
residential zone.
Section 21.0109 DIRECTIONAL SIGNS
A directional sign in any zone shall not exceed three (3)
square feet in area for any one use,and all such signs located
less than 1,200 feet apart on any one lot or parcel shall be
consolidated or grouped into one (1)structure not exceeding a
total of forty (40)square feet in area.
Section 21.0110 HEIGHT
No sign,billboard,or advertising structure shall exceed the
building limit of the zone in which i t is erected.
Section 21.0111 INTERFERENCE WITH TRAFFIC
No sign shall be erected in such a manner as to interfere in
any way with or confuse traffic.
130
Section 21.0112 SIGNS ON CORNER LOTS
On any corner lot,no sign shall be erected or maintained
within twenty feet (20')of the property corner so as to interfere
with traffic visibility across the corner.
Section 21.0113 SIGNS ON PUBLIC HIGHWAYS
(Reserved)
Section 21.0114 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.
Section 21.0115 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 allowed for temporary signs.Temporary
signs shall be promptly removed upon the expiration of the time
period permitted for the use thereof.I t shall be the duty of both
the owner of the signs and the owner of the premises to remove
temporary signs as required by this subsection.
ARTICLE 22
AREA AND NEIGHBORHOOD PLANS
Section 22.0101 DEFINITIONS
In this Article,unless the context otherwise requires:
AREA means a geographic portion of the City comprised of two (2)or
more existing or potential neighborhoods and generally defined by
major natural features,such as mountains and rivers,and major
man-made features,such as state and national highways,railroads,
and public reservations.
AREA PLAN means a duly adopted part of the City General Plan which
proposes basic single-family densities in an area.I t may also
propose the general character,extent and location of major
thoroughfares,major drainageways,schools,parks,and other
community facilities.
131
NEIGHBORHOOD means a portion of an area the size of which is such
that when fully developed i t will contain the population for which
one elementary school is ordinarily required,and the boundaries of
which are established by major thoroughfares and the major natural
and man-made features which generally bound areas.
NEIGHBORHOOD PLAN means a duly adopted portion of the City General
Plan which proposes general boundaries of various future land uses
in a neighborhood such as single and multiple family,transitional,
commercial and industrial uses,and which further purposes the
general character,extent and location of major thoroughfares,
collector streets,drainageways,schools,parks,and other
community facilities,all in relation to existing property lines,
topography and other existing conditions.
PLANNED AREA means an area for which an area plan has been duly
adopted.
PLANNED NEIGHBORHOOD means a neighborhood for which a neighborhood
plan has been duly adopted.
Section 22.0102 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 rezoning to allow such
urban development,the Commission shall formulate and
adopt a neighborhood plan to implement the objectives,
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 develop-
ment of the neighborhoods.
Section 22.0103 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.
132
b.Neighborhood Plans:The purpose of a neighborhood plan
is to set the policy of the City regarding future
single and multiple family residential,commercial,
and other particular public or private developments
appropriate to a neighborhood.
Section 22.0104 CHARACTERISTICS OF AREA AND NEIGHBORHOOD PLANS
a.Area Plans:An area plan shall indicate graphically
for the area:
1.Proposed basic single-family densities and
other proposed major uses.
2.General character,extent,and location of the
following:
a.Major thoroughfares
b.Major drainageways
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.Drainageways
d.Schools,parks,open spaces,and other
community facilities
3.All the above shall be indicated in relation to
existing property lines,topography,and other
existing conditions.
133
Section 22.0105 PROCEDURES FOR ADOPTION
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
22.0102-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 notice.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 consideration and official action.The City
Council shall hold at least one (1)public hearing
at which residents of the area shall be heard
concerning matters contained in the area plan.
The City Council shall consider protests and
objections to the area plan and may consider or
alter any portion of it.However,before any
change is made,that portion of the area plan
proposed to be changed shall be re -referred to the
Commission for their recommendation which may be
accepted or rejected by the City Council.
4.An area plan may be amended or extended by the
same procedures as are herein established for its
adoption.
Section 22.0106 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 regulations,setback
lines establishment,and other methods provided by law.
134
3.They constitute official notice to the general public
and to all agencies of the general plans for the
development of areas and neighborhoods.
Section 22.0107 EFFECT OF AREA AND NEIGHBORHOOD PLANS UPON
ZONING CHANGES AND SUBDIVISION PLAT APPROVALS
In amending zoning classifications,changing zoning district
boundaries,or approving subdivision plats for properties included
within a planned area or planned neighborhood,the Commission and
City Council may allow minor variations from the adopted area plan
or neighborhood plan for zoning district boundaries,exact land use
classification,or the exact character,extent,and location of
major thoroughfares,collector streets,drainageways,schools,
parks,and other community facilities.However,in allowing these
minor variations,the Commission and City Council shall not alter
the policy set by the area plan or neighborhood plan with regard to
basic residential densities,general boundaries of the various land
use districts,and the general character,extent,and location of
the major thoroughfares,collector streets,drainageways,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 set forth in Section 22.0105 for
adoption of area and neighborhood plans.Zoning amendments which
conform to adopted area or neighborhood plans shall not be
considered "spot"zoning.
135