HomeMy WebLinkAboutORD1320ORDINANCE NO. 1320
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,
ARTICLE 12,PROCEDURE FOR VARIANCE,BY ADDING AND
ADOPTING BY REFERENCE NEW SECTION 12.0107,
ADMINISTRATIVE RELIEF EXCEPTION;REPEALING ANY
CONFLICTING PROVISIONS;AND PROVIDING FOR
SEVERABILITY.
WHEREAS,the Apache Junction City Council has recently
discussed the creation of an administrative relief exception
that will provide, among other things, staff authority to grant
administrative relief from certain dimensional requirements of
the City of Apache Junction Zoning Ordinance not to exceed 10%
of the applicable requirements/standards subject to certain
findings; and
WHEREAS,on February 5,2008,the Mayor and City Council
directed staff to fully examine a 10%administrative relief
process; and
WHEREAS,staff presented a proposed ordinance creating the
administrative relief exception to the Apache Junction Planning
and Zoning Commission on May 27, 2008 and the Commission voted 5
to 0 (with two vacancies)to recommend approval of said
ordinance; and
WHEREAS, staff presented the same proposed ordinance to the
Mayor and City Council on June 16, 2008 at its work session and
on July 1, 2008 at its regular meeting during a Public Hearing;.
and
WHEREAS, A.R.S. § 9-802 permits municipalities to enact the
provisions of a code or public record theretofore in existence
without setting forth such provisions in full text as long as
the adopting ordinance is published in full text and at least
three copies of the code or public record are filed in the
office of the clerk of the municipality and are made available
for public use and inspection; and
ORDINANCE NO. 1320
PAGE 1 OF 3
WHEREAS,pursuant to A.R.S.gg. 9-801(1)and 9-802,codes
which may be adopted by reference include those relating to the
variance procedures and adMinistrative relief.
NOW THEREFORE)BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA,.AS FOLLOWS:'
SECTION I IN GENERAL
1. That the Apache Junction City Code,Volume II, Land
Development Code,Chapter 1,Zoning Ordinance,Article 12
Procedure for Variance,is hereby amended by adding new
Section 12.0107,Administrative Relief Exception,as
depicted in the document referenced in Number 2 .below.
2. That certain documentichown as "Apache Junction City Code,
Volume II,Land Development Code,Chapter 1,Zoning
Ordinance,Article 12i Procedure for Variance,Section
12.0107,Administrative Relief Exception",three copies of
which are on file in the office of the City Clerk, which
document was made a public record by Resolution No. 08-16
of the City of Apache Junction, is hereby referred to,
adopted and made a part hereof as if fully set out in this
ordinance, pursuant to A.R.S. § 9-802.
SECTION II 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, subsection, sentence, phrase, clause or portion
of this.Ordinance or any part of the code adopted herein by
reference is,for any reason,held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
ORDINANCE NO. 1320
PAGE 2 OF 3
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 1ST DAY OF JULY-,2008.
SIGNED AND ATTESTED TO THIS 1ST DAY OF
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
c 61.27o8
R. JOEL STERN
City Attorney
ORDINANCE NO. 1320
PAGE 3 OF 3
JULY , 2008.
APACHE JUNCTION CITY CODE,VOLUME II,LAND
DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE,
ARTICLE 12,PROCEDURE FOR VARIANCE,SECTION
12.0107, ADMINISTRATIVE RELIEF EXCEPTION
SECTION 12.0107 ADMINISTRATIVE RELIEF EXCEPTION
A) Purpose and Intent
The purpose of creating administrative relief from development
standards is to authorize minor administrative deviations from
the requirements of the Zoning Ordinance.
The intent is to provide the Development Services Director or
his or her designee the authority to grant administrative relief
from certain development standards where such deviations will
improve customer service by expediting minor entitlements,
maintain or improve the quality of development,and provide
reasonable flexibility with the application of development
regulations and standards.
B) Decision -Making Authority
The Development Services Director or his or her designee is
authorized to grant administrative relief,with or without
conditions, from certain dimensional requirements of the Zoning
Ordinance not to exceed 10%of the applicable
requirements/standards,subject to all of the following
findings:
1.The administrative relief is consistent and in
conformity with the Apache Junction General Plan.
2.The administrative relief is substantially consistent
with the Zoning Code.
3.The administrative relief applies only to setbacks,
building height,site coverage,sign height,sign size,
open space, and/or number of parking stalls.
4.The administrative relief will not create conditions
materially detrimental to the public health,safety and
general welfare or will not be injurious to or incompatible
with other properties or land uses in the vicinity.
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5.The administrative relief is necessary due to the
physical attributes and conditions of the property and the
proposed use or structure including,but not limited to,
topography,noise exposure,irregular property boundaries,
or other unusual circumstances.'
6.There are no alternatives to the requested
modification that could provide similar benefits with less
potential detriment.
7.The request is not part of multiple applications from
an individual homdbuilder for a specific subdivision or
planned community.
8.Granting the relief does not impose an undue financial
or administrative burden on the City.
9.The applicant'-s_ demonstrated need substantially
outweighs.any detriment to the public's needs and
interests.
C) Application Requirements
An application for administrative relief shall be filed with the
Development Services Director or his or her designee and shall
include all of the following:
1.Legal description of the property and proposed
development,scaled plot plan,conceptual floor plans,
and preliminary building elevations of proposed
buildings.
2.Written justification for proposed relief.
3.Official application form with ownership
verification.
4.Filing fees as established by the Apache Junction
City Code,Vol. I, Chapter 4, Fees.
5.Proposition 207 Waiver.
D) Effect of Violation of Conditions
A violation of any condition stipulated by the Development
Services Director or his or her designee shall be a violation
and shall render the granted Administrative Relief null and
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void. An approval shall also be .null and void if the use has not
commenced or if a building permit has not been obtained, within
sixty (60) calendar days after relief has been authorized by the
Development Services Director or his or her designee, or within
any greater or lesser time Stipulated by the Development
Services Director or his or her designee,not to exceed one
twelve (12) month period.•
E) Right to Appeal
Any applicant aggrieved by the decision of the Development
Services Director or his or her designee may appeal such
•decision to the Board of Adjustment and Appeals within twenty
(20)calendar days after receipt of the Development Services
Director's or his or her designee's decision.Any such appeal
shall be subject to a separate application and fee pursuant to
Section 12.0101 of this Article,