HomeMy WebLinkAboutORD1557 ORDINANCE NO. 1557
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1:
ZONING ORDINANCE, ARTICLE 1-16: ADMINISTRATION, BY
AMENDING THE 'TABLE OF SECTIONS, § 1-16-6 (J) PROTESTS
AGAINST ZONING MAP AMENDMENT, AND ADDING NEW
§ 1-16-17 APPLICATION REVIEW TIMELINE; REPEALING ANY
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITYY; AND
PROVIDING FOR PENALTIES.
WHEREAS, the Arizona State Legislature approved Senate Bill
1162., requiring municipalities to amend their zoning ordinances
to create a zoning application review timeline and exclude
government-owned properties from the affected zoning area when
calculating zoning protest petitions; and
WHEREAS, the planning and zoning commission recommended to
the city council on October 8, 2024, in a vote of 6: 0, to approve
a zoning code amendment to comply with the new state law, and
WHEREAS, pursuant to A.R. S. § 9-462 . 01 (J) , the city
council, before adopting any zoning ordinance or text amendment
of general applicability, shall consider the probable impact the
proposed zoning ordinance or text amendment would: have on the
cost to construct housing for sale or rent . Being a mandate by
the state legislature, the council finds this enactment has no
such impact.
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 . The Table of Sections under Article 1-16: Administration,
Apache Junction City Code, Volume II, Land Development
Code, is amended as follows
ARTICLE 1-16: ADMINISTRATION
Section
1-16-1 Development Services Department and Zoning
Administrator
1-16-2 Planning and Zoning Commission
1-16-3 City Council
1-16-4 Board of Adjustment and Appeals
1-16-5 Appeal and variance procedures
1-16-6 Amendments to Zoning Code or Zoning Map
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1-16-7 Public hearings, notice and citizen review
processes
1-16-8 Preliminary development review processes (PDR)
1-16-9 Site plan review and approval process
1-16-10 Annexation process
1-16-11 Amendments to the General Plan
1-16-12 Conditional use permits, administrative use
permits and building permits
1-16-13 Development agreements
1-1-6-14 Administrative relief exceptions
1-16-15 Fees
1-16-16 Violations, penalties and enforcement
1-16-17 Application Review Timeline
2 , Existing Apache Junction City Code, Volume II, Land
R�eveil�oment Code, Chapter 1 : Zoning Ordinance, Article
Administration, § 1-16-6 (J) Protests Against Zoning Map
Amendment, is amended as follows :
§ 1-16-6 AMENDMENTS TO ZONING CODEOR ZONING MAP
(J) Protests against Zoning Map amendment.
(1) If the owners of 20% or more either of the area of
the lots included in a proposed Zoning Map amendment, or of
those immediately adjacent in the rear or any side thereof
extending 150 feet therefrom, or of those directly opposite
thereto extending 1.50 feet from the street frontage of the
opposite lots, excluding government-owned properties, file
a protest in writing against a proposed amendment, it shall
not become effective except by the favorable vote of 3/4 of
all members of the council. If any members of the council
are unable to vote on such a question because of a conflict
of interest, the required number of votes for passage of
the question shall be 3/4 of the remaining membership of
the council, provided that such required number of votes
shall in no event be less than a majority of the full
membership of the legally established council .
3 . Existing Apache Junction City Code, Volume II, Land
D e yvfe 1 o_�ment Code, Chapter 1 : �Zonin Ordinance, Article 1 16:
Administration, is amended by adding neww § 1-16-17
Aip2jjEation Review Timeline, as follows:
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§ 1-16-17 APPLICATION REVIEW TIMELINE
(A) The Review Timeline does not apply to planned area
developments.
(B) The city shall issue an applicant a written or
electronic notice of administrative completeness or
deficiencies within 30 calendar days .
(C) If the city fails to issue the notice within 30
calendar days, the application shall be considered
administratively complete.
(D) Resubmittals will be determined for administrative
completeness within 15 calendar days after receiving the
requested documents.
(E) When the application is administratively complete, the
city shall approve or deny it within 180 calendar days .
(F) Extension. The city may allow an extension beyond 180
calendar days for the following reasons :
1 . The city may have a one-time extension of no more than
30 calendar days for extenuating circumstances .
2 . If the applicant requests an extension, the city may
grant extensions in 30 calendar day intervals .
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 codes 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 codes or regulations
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.
SECTION IV PROVIDING FOR PENALTIES
Unless noted otherwise, any violation of any provisions adopted
herein, shall be punishable as a class l misdemeanor consistent
with Apache Junction City Code, Volume II, Chapter 1 : Kin
Ordinance, Article 1-16: Administration, § 1-16-16 Violations,
Penalties and Enforcement .
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APPROVED AND ADOPTED BY THE MAYOR AND CITE COUNCIL OF THE CITY OF
APACHE JUNCTION THIS ,° ��' DAY OF 2024 .
SIGNED AND ATTESTED TO THIS � DAY OF f ° �4 j- 2024 .
� r
1ALTER " HI_P„ WILSON
Mayor
ATTEST:
I-ell
kNNIFE
_ ._ .
4 CO
ENA
Clerk
APPROVED AS TO FORM
_ clo W4-2-4-
RI HARD J. STERN
City Attorney
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