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HomeMy WebLinkAboutORD727ORDINANCE NO.727 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING SECTIONS 6.0101,21.43,AND 21.46 OF THE APACHE JUNCTION, ARIZONA,ZONING ORDINANCE TO AUTHORIZE THE PLANNING AND ZONING COMMISSION TO GRANT CONDITIONAL USE PERMITS AND TO PROVIDE AN APPEALS PROCESS FOR THOSE DECISIONS TO THE CITY COUNCIL;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, THAT: SECTION I IN GENERAL The Apache Junction,Arizona,Zoning Ordinance is amended by amending Section 6.0101,Sections 21.43 and 21.46 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 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 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 ORDINANCE NO.727 PAGE ONE OF SIX 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. 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 may grant a Conditional Use Permit stipulating those conditions i t feels necessary to carry ORDINANCE NO.727 PAGE TWO OF SIX 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.The approval of a request for a Conditional Use Permit,with or without conditions,shall be by resolution of the Planning and Zoning Commission.If a request for a Conditional Use Permit is granted upon appeal,then approval shall be by resolution of the City Council. 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 in general.The burden of proof for satisfying the aforementioned requirements shall rest with the applicant. In arriving at the above determination,the Commission shall consider, but not be limited to,the following factors: 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 down- grading 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 Commission shall be void i f the use is 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 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 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 ORDINANCE NO.727 PAGE THREE OF SIX applicant or any persons aggrieved or any officer,department,office or board of the municipality affected by a decision of the Commission shall appeal therefrom to the City Council.Such appeal shall be in writing in care of the City Clerk and shall indicate where,in the opinion of the appellant,the Commission was in error.The appeal shall be accompanied by a fee equal to 50% of the original 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 overrule 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 in specific zoning districts or elsewhere in the Zoning Ordinance,the following uses may be permitted by conditional use permit in any district: a.Airport,heliport,or landing field b.Amusement park or outdoor theatre 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 ORDINANCE NO.727 PAGE FOUR OF SIX Section 21.43 Authority for Conditional Use Permits a.When a Conditional Use Permit is required by this Code,said permit must be applied for through the Planning Department on forms prescribed by the Planning Department.A Conditional Use Permit is not an automatic right of any applicant.The Planning and Zoning Commission shall hold a public hearing for all applications for Conditional Use Permits,consider all the factors relating to the proposed sign,and whether such sign would adversely affect public health,safety,and welfare. b.A Conditional Use Permit for signs larger,higher,or greater in number than those allowed under this Code may only be granted by the Commission i f circumstances warrant it.The approval of a request for a Conditional Use Permit,with or without conditions,shall be by resolution of the Planning and Zoning Commission.If a request for a Conditional Use Permit is granted upon appeal,then approval shall be by resolution of the City Council. Section 21.46 Hearing on a Conditional Use Permit a.Planning and Zoning Commission Public Hearing A Conditional Use Permit application shall be considered at a public hearing by the Planning and Zoning Commission.The Commission may stipulate conditions to the granting of the Conditional Use Permit when in its judgment such conditions are necessary or desirable to accomplish the purposes of this section.The Commission may attach any conditions i t deems necessary to carry out the provisions and intent of this Code. b.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 persons aggrieved or any officer,department,office or board of the municipality affected by a decision of the Commission shall appeal therefrom to the City Council.Such appeal shall be in writing in care of the City Clerk and shall indicate where,in the opinion of the appellant,the Commission was in error.The appeal shall be accompanied by a fee equal to 50%of the original 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 overrule the decision of the Commission.The decision of the City Council shall be final. ORDINANCE NO.727 PAGE FIVE OF SIX 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 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 6TH DAY OF MARCH ,19 90 • SIGNED AND ATTESTED TO THIS 7TH DAY OF MARCH Kenlicth Bluntschly Mayor ATTEST: Kathleen ConnellyConnelly 6 1 2 14.1 2 , / •••City Clerk APPROVED AS TO FORM: c's (MPAL / D a & F A l e j ) City Attorney j ORDINANCE NO.727 PAGE SIX OF SIX ,1990