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HomeMy WebLinkAboutORD655ORDINANCE NO.655 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 I 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 characteristics are often unnecessarily incompati- ble 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 City Council after public hearing and recommendation by 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 in the amount of $155.00. 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 ORDINANCE NO.655 PAGE ONE OF FIVE 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. e.Specific details of the proposed use,a scaled site plan,and the exact specifications of the structure or area in which the use will be conducted.The Site Plan shall indicate existing and proposed conditions,and shall include the following items at a minimum: 1)Location and elevation of structures 2)Parking and loading areas 3)Driveways 4)Landscaping 5)Easements 6)Utilities 7)Drainage features 8)Signs 9)Refuse collection 3.Public Hearing and 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 in a newspaper of general circulation,published or circulated in the City of Apache Junction,or i f there is none,i t shall be posted on the affected property in such a manner as to be legible from the public right-of-way and in at least ten (10)public places in the municipality. 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 shall render its decision in the form of a written recommendation to the City Council.Upon receiving recommendations from the Planning and Zoning Commission,the City Council may act on the recommendation of the Commission without holding a second ORDINANCE NO.655 PAGE TWO OF FIVE public hearing.In granting a conditional use permit the City Council may stipulate those conditions recommended by the Planning and Zoning Commission and any other condition 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 in 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 City Council 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 in 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: a.Adequacy of roadways,off-street parking,public facilities,and services to accommodate the proposed use,and provisions for upgrading or improvements; b.Nuisance arising from the emission of odor,dust,gas,noise, vibration,smoke,heat,or glare; c.Contribution to the deterioration of the neighborhood or the downgrading of property values; d.Compatibility with surrounding uses and structures; e.Conformance with the General Plan,policies,and city standards and regulations; f .Screening and buffering of uses. Such conditional use permits as are granted by the City Council shall be void i f the use is not commenced within 12 months of such granting or within the time stipulated by the Council,and may be revoked by the Zoning Administrator upon a finding that there has been material noncompliance with any condition prescribed in 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 City Council upon re -application and public hearing before the Planning and Zoning Commission.Minor changes may be approved by the Zoning Administrator. 4.Additional Uses Permitted by Conditional Use Permit In addition to the uses permitted by conditional use permit in specific zoning districts or elsewhere in the Zoning Ordinance,the following uses may be permitted by conditional use permit in any district: ORDINANCE NO.655 PAGE THREE OF FIVE 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.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 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 I f 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 unconstitional by the decision of any court of competent juris- diction,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 18TH DAY OF OCTOBER ,19 88 • SIGNED AND ATTESTED TO THIS 5TH DAY OF DECEMBER ,19 88 • ORDINANCE NO.655 PAGE FOUR OF FIVE ATTEST: atnieen uonne City Clerk APPROVED AS TO FORM: DaViMF.Riexarin City Attorney ORDINANCE NO.655 PAGE FIVE OF FIVE