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HomeMy WebLinkAboutORD561ORDINANCE NO.561 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA ZONING ORDINANCE,BY AMENDING SECTION 6.0101;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT: SECTION 1 IN GENERAL The Apache Junction,Arizona,Zoning Ordinance is amended by amending Section 6.0101 to read as follows: SECTION 6.0101 CONDITIONAL USE PERMITS 1.Intent There are certain uses which are normal and complementary to permitted uses in a district,but which by reason of their infrequency of use,high degree of traffic generation,requirement of large land area,or other physical or operational charac- teristics are often unnecessarily incompatible with adjacent activities and uses.I t is the purpose of this section to establish principles and procedures for proper guidance and control of such uses. Conditional use permits,permitted by this ordinance, may be granted at the discretion of the Planning and Zoning Commission.A conditional use permit is not the automatic right of any applicant. 2.Application Procedures Applications for conditional use permits shall be made to the Commission on a standard form provided for that purpose and shall be signed by the real property owners of the property to which the permit would apply and shall be accompanied by: a.Proof of ownership. b.Filing fee i n the amount prescribed as found in Section 13.0103 of the Zoning Ordinance. c.County Assessor's map of the site and the area within 300 feet of the site. d.An accurate verified list made within thirty (30)days previous to filing of the application giving the names, addresses,and parcel numbers of the owners of all properties lying within 300 feet of the proposed change.For the purposes of compiling the list of said property owners, the applicant shall utilize the records of the County Assessor's Office. • ORDINANCE NO. 561 PAGE TWO OF FIVE e.Specific details of the proposed use,a scaled site plan,and the exact specifications of the structure or area i n which the use will be conducted.The site plan shall indicate existing and proposed conditions and shall include at a minimum:the location and elevations of structures;parking and loading areas; driveways;landscaping;easements;utilities;drainage features;signs;and refuse collection. 3.Public Hearing Decision Every application 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 i n a newspaper of general circulation,published or circulated in the City of Apache Junction,or i f there i s none,i t shall be posted on the affected property i n such a manner as to be legible from the public right-of-way and in at least ten (10)public places in the municipality. The Planning Department shall cause to be notified by certified mail,all property owners within 300 feet of the property for which an application has been filed. Following the public hearing,the Commission may grant a conditional use permit stipulating those conditions i t feels necessary to carry out the provisions and intent of this Ordinance.At a minimum,all conditional uses shall comply with the regulations of the zoning district i n which located.Conditional use permits may be revocable,conditional, or valid for a time period. A conditional use permit may be granted only upon a finding by the Commission that the use covered by the permit, the manner of its conduct,and any structure involved will not be detrimental to persons residing or working in the area,to adjacent property,to the neighborhood,or to the public welfare i n general.The burden of proof for satisfying the aforementioned requirements shall rest with the applicant. In arriving at the above determination,the following factors shall be considered,but not limited to: 1.Adequacy of roadways,off-street parking,public facilities, and services to accommodate the proposed use,and provisions for upgrading or improvements; 2.Nuisance arising from the emission of odor,dust,gas, noise,vibration,smoke,heat,or glare; ORDINANCE NO.561 PAGE THREE OF FIVE 3.Contribution to the deterioration of the neighborhood or the down -grading of property values; 4.Compatibility with surrounding uses and structures; 5.Conformance with the General Plan,policies,and city standards and regulations; 6.Screening and buffering of uses. Such conditional use permits as are granted by the Commission shall be void i f the use i s not commenced within 12 months of such granting or within the time stipulated by the Commission, and may be revoked by the Zoning Administrator upon a finding that there has been material noncompliance with any condition prescribed i n conjunction with the granting of a conditional use permit. Major modifications,changes,alterations,or increased use to conditional use permits may be granted by the Commission upon re -application and public hearing.Minor changes may be approved by the Zoning Administrator. 4.Appeal and City Council Review The approval,with or without conditions,or denial, of a conditional use permit by the Planning and Zoning Commission shall be final unless within twenty days from date of the Commission's decision the applicant or any aggrieved or affected party shall appeal therefrom to the City Council.Such appeal shall be i n writing in care of the City Clerk and shall indicate where,in the opinion of the appellant,the Commission was i n error.The appeal shall be accompanied by a $25.00 filing fee. The City Clerk shall schedule the appeal for a City Council agenda.Every appeal shall be considered by the City Council at a public hearing,with notification of hearing given in the same manner as required for the Planning and Zoning Commission hearing.The City Council,at its public hearing,shall uphold, modify,or over -rule the decision of the Commission.The decision of the City Council shall be final. 5.Additional Uses Permitted By Conditional Use Permit In addition to the uses permitted by conditional use permit i n specific zoning districts or elsewhere i n the Zoning Ordinance,the following uses may be permitted by conditional use permit i n any district: a.Airport,heliport,or landing field b.Amusement park or outdoor theatre a ORDINANCE NO.561 PAGE FOUR OF FIVE c.Cemetery or mausoleum d.Circus or carnival grounds e.Community building or recreation field f .Hospital,clinic,or institution g.Private and commercially operated swimming pool, tennis court,or other recreational facility. h.Public or government buildings or facilities i .Race track j .Resort hotel k.Sports arena 1.Zoo,public or private m.Privately operated sewage treatment facility SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances i n 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 I f any section,sub -section,sentence,phrase,clause,or portion of this ordinance or any part of the code adopted herein by reference i s 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 portion thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 1ST DAY OF SEPTEMBER ,19 p7 SIGNED AND ATTESTED TO THIS 2N1)DAY OF UPTFMRFR ,19 R7 7/o s.S-Z,Ze'd Norman S.Hill Mayor ORDINANCE NO.561 PAGE FIVE OF FIVE ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: Da Ciev Attorne : 'Al elWrgle-r