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Home My WebLink AboutORD1297ORDINANCE NO. 1297 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLP 6,GENERAL PROVISIONS AND EXCEPTIONS, CREATING A SPECIAL DENSITY PERMIT PROCESS TO ALLOW A DISABLED CARE DWELLING UNIT/CARETAKER RESIDENCE IN CERTAIN RESIDENTIAL ZONING DISTRICTS FOR PEOPLE WITH A MEDICAL NEED, IN CASE AM -1- 07; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council adopted Ordinance No. 350 on March 7, 1985 1 adopting the City's Zoning Ordinance, which included Article 6 General Provisions and Exceptions;and WHEREAS, in September of 2006, a private citizen expressed to the Apache Junction City Council (the "Council") the concern that she and her husband were both elderly, in poor health, and in need of a caretaker's help, but were not allowed by City zoning laws to have an extra trailer on their property for said caretaker; and WHEREAS, on or About November 7, 2006, the Apache Junction City Council directed staff to research and present findings regarding a possible Zoning Ordinance text amendment that would allow an additional residential housing unit for the purpose of housing caretakers for medical purposes, including information relative to Pinal County's Special Density Permit process, pros and cons, determining need and allowing these units for other purposes; and WHEREAS, on February 5, 2007, upon reviewing Staff's findings, the City Council directed Staff to proceed with the amendment process and return to them with a recommended ordinance; and WHEREAS, since February of this year, at least two separate work sessions and two separate public hearings were conducted by the Planning and Zoning Commission,to consider these issues; and WHEREAS, on April 24, 2007, the Commission voted 5 to 1 to recommend approval of a text amendment to Article 6 General Provisions and Exceptions,creating a Special Density Permit process to alloW a disabled care dwelling unit/caretaker residence in certain residential zoning districts for people with a medical need. ORDINANCE NO. 1297 PAGE 1 OF 5 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL The Apache Junction City Code, Volume II,Land Development Code, Chapter 1,Zoning Ordinance,Article 6,General Provisions and Exceptions,shall be amended by adding the following new subsection: Section 6.0108.2 Special Density Permit for Disabled Care Dwelling Unit/Caretaker Residence DEFINITION: Handicapped/Disabled Person: A person who has a physical or mental impairment which substantially limits one or more of his/her major life acts; has a record of such an impairment or is regarded as having an impairment. The Planning and Zoning Commission and the City Council expressly find that there is a need in the City of Apache Junction for housing handicapped/disabled persons who are able to live within their communities, provided they have personal care, attention and assistance, but who otherwise would have to be confined to a hospital, sanatorium, nursing center, supervisory care facility or similar health care environment where their personal needs can be adequately met.In order to meet this need, to preserve the dignity and usefulness of these persons, and to strengthen and protect the role of the family in our communities, a Special Density Permit ("SDP") for handicapped/disabled care dwelling unit is hereby created and made subject to the following requirements and regulations. 1.A SDP allows one additional dwelling unit to be moved onto a parcel for use by: a.A handicapped/disabled person(s) who needs assistance and support from family living in the primary residence; b.A family member who is providing care, assistance and' Support:to the handicapped/disabled person(s) in the primary residence; ORDINANCE NO. 1297 PAGE 2 OF 5 c.A health care provider expressly employed for the purpose of providing health care for the handicapped/disabled person(s) residing in the primary residence. 2.A SDP is granted to the property owner and does not adhere to or run with the land.It is not transferable and terminates automatically as soon as the beneficiary no longer resides on the property.It also terminates where a lot split separates the main dwelling unit from the extra dwelling unit.Only one SDP may exist for one parcel.A SDP is not a substitute for a building or installation permit for the extra dwelling unit.A SDP must be renewed once a year upon proof it is still needed, by means of a letter from a board -certified physician. 3.A SDP may be granted: a.If the beneficiary is physically or mentally impaired and incapable of caring for themselves. The benefidiary must also be.ih such need of care.; attention, and support. that not being granted a SDP will result in the individual being confined to a hospital, sanatorium, nursing center, supervisory care facility or similar health care environment where their personal needs can be adequately met.A letter from a physician on office letterhead must be included with the application verifying this need. 4. Neither the applicant, nor any other person shall receive rent or any other valuable consideration for allowing a person to live in a dwelling unit under a SDP.This should not be construed as to prevent a health care provider from receiving renumeration for health care services provided.Once the extra dwelling unit ceases to be used as approved, the extra dwelling unit must be removed from the site or disconnected from utilities.In either instance, the City Development Services Department must be contacted so as to make an inspection.An affidavit must be submitted by the applicant indicating a commitment to concur with all the requirements of this section. ORDINANCE NO. 1297 PAGE 3 OF 5 5.A SDP shall be allowed in any single-family residence • zone. The extra dwelling unit shall be a travel trailer, fifth wheel or motor home.Any extra dwelling unit authorized under a SDP shall be required to be located in a side or rear yard. 6. Application for a SDP shall be made to the Director of • Development Services or his/her designee by the landowner or tenant in possession, with the signed approval of the landowner.The application shall be accompanied by an accurate site plan drawn to scale which identifies the location of the proposed extra dwelling unit, the legal description of the property involved, the name and relationship to the beneficiary, information on how the sewage from the extra unit will be disposed of, the sworn affidavit required in subsection 4, and the non-refundable application fee set forth in the City Code.The information on sewage disposal shall be sufficient for the Pinal County Health Department to determine whether the provisions are adequate, and no SDP may be issued without the written approval of the Pinal County Health Department.The application shall also be accompanied by an accurate verified list, made within the,previous thirty (30) calendar days, giving the names and addresses of the owners of all properties lying within 300 feet of the subject property. 7. Upon receipt of a non-refundable $100 application fee, and the information required on the application form, the application will be reviewed by the Development Services Director who shall approve, conditionally approve, or disapprove such application.If the request for a SDP is approved, notification of the installation of a second dwelling unit shall be sent to all property owners located within 300 feet of the subject property.Any person aggrieved by the decision of the Director, including the applicant such as in the case of a denial, may file an appeal with the Board of Adjustment and Appeals as per Article 11 of the City of Apache Junction Zoning Ordinance. ORDINANCE NO. 1297 PAGE 4 OF 5 8. The renewal letter mentioned in #2 above shall be accompanied by a $50 renewal fee. 9. All financial or other obligations occurring to the property owner or his/her authorized agent as a result of approval or conditional approval of a SDP are the sole responsibility of the property owner or his/her authorized agent. SECTION II:REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III:PROVIDING FOR SEVERABILITY If any section, subsection, sentence phrase clause or proportion of this ordinance, or any part of the code adopted herein by reference, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof_ PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 19TH DAY OF JUNE 2007. SIGNED AND ATI'ESiED TO THIS 2ND 2007. ST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 411maiggt 61;26o -- RICHARD JOEL STERN City Attorney ORDINANCE NO. 1297 PAGE 5 OF 5 DAY OF Mayor JULY