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Home My WebLink AboutORD1023ORDINANCE NO.1023 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION, ARIZONA.ZONING ORDINANCE,IN CASE PZ-21-97,BY AMENDING ARTICLE 5 DEFINITIONS, MAKING SPECIFIC AMENDMENTS TO SECTION 5.0101 BY ADDING DEFINITIONS FOR "MUNICIPAL SOLID WASTE LANDFILL","SOLID WASTE LANDFILL", "TRANSFER FACILITY","WASTE TIRE COLLECTION SITE"AND RELATED DEFINITIONS;AND BY AMENDING ARTICLE 17 INDUSTRIAL DISTRICTS. MAKING SPECIFIC AMENDMENTS TO SECTION 17.0201.E AND ADDING NEW SECTION 17.0213 TO CREATE A SPECIAL USE PERMIT PROCESS FOR THE USES NEWLY DEFINED HEREIN;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 SUBSECTION A) The Code of the City of Apache Junction.Arizona.Volume II.Land Development Code.Chapter 1.Zoning Ordinance,shall be amended by adding to Section 5.0101 Definitions,the following definitions in their proper alphabetical sequence to read: MUNICIPAL SOLID WASTE LANDFILL:Any solid waste landfill that accepts household waste,household hazardous waste or conditionally exempt small quantity generator waste. "Conditionally Exempt Small Quantity Generator Waste"- Hazardous waste in quantities as described in 40 Code of Federal Regulations §261.5,incorporated by reference and adopted and amended in Arizona Revised Statutes §49-701(5), and in Arizona Administrative Code,Title 18,Chapters 1 through 13. "Household Hazardous Waste"-Solid waste as described in 40 Code of Federal Regulations §261.4(b)(1),incorporated by reference and adopted and amended in Arizona Revised Statutes §49-701 (14),and in Arizona Administrative Code, Title 18,Chapters 1 through 13. "Household Waste"-Any solid waste including garbage, rubbish and sanitary waste from septic tanks that is ORDINANCE NO.1023 PAGE 1 OF 5 generated from households including single and multiple family residences,hotels and motels,bunkhouses,ranger stations,crew quarters,campgrounds,picnic grounds and day -use recreation areas,not including construction debris, landscaping rubble or demolition debris. SOLID WASTE LANDFILL:A facility,area of land or excavation in which solid wastes are placed for permanent disposal.Solid waste landfill does not include a land application unit,surface impoundment,injection well,compost pile or waste pile or an area containing ash from the on -site combustion of coal that does not contain household waste,household hazardous waste or conditionally exempt small quantity generator waste. TRANSFER FACILITY:A site that is owned,operated or used by any person for the rehandling or storage for ninety days or less of solid waste that was generated off site for the primary purpose of transporting that solid waste.Transfer facility includes those facilities that include significant solid waste transfer activities that warrant the facility's regulation as a transfer facility. WASTE TIRE COLLECTION SITE:A site where waste tires are collected before being offered for recycling or reuse and where more than five hundred tires are kept on site on any day. "Waste Tire"-Any tire that:1)is no longer suitable for its original intended purpose because of wear;2)is removed from a motor vehicle and is retained for further use;3)has been chopped or shredded;4)is otherwise defined in Arizona Revised Statutes §49-701(39);AND SUBSECTION B) That the Code of the City of Apache Junction.Arizona.Volume II.Land Development Code.Chapter 1.Zoning Ordinance,shall be amended by deleting from Section 17.0200 CI -2 Heavy Industrial Zone.Subsection 17.0201.e,under Uses Permitted,the following specific permitted use: Incineration,reduction,or dumping of offal,garbage or refuse on a commercial scale,not operated by a municipality or sanitary district; AND ORDINANCE NO.1023 PAGE 2 OF 5 SUBSECTION C) That the Code of the City of Apache Junction.Arizona.Volume II.Land Development Code.Chapter 1.Zoning Ordinance,shall be amended by adding a new subsection to Section 17.0200 CI -2 Heavy Industrial Zone,to read as follows: Section 17.0213 USES SUBJECT TO A SPECIAL USE PERMIT Municipal Solid Waste Landfill Transfer Facility Waste Tire Collection Site A.In order to diminish the adverse secondary effects of the above uses on the community;the potentially harmful or negative effects on surrounding neighborhoods,properties (including the possible diminution of property values)and the natural environment;to protect the public health,safety and welfare;and to provide ample available sites for such uses;i t is the purpose of this section to establish a Special Use Permit process for the proper evaluation,guidance and control of such uses. B.Application for a Special Use Permit for the operation of any of the above uses shall be made to the City Council,on forms prescribed by the Planning Division.The process for a Special Use Permit shall be similar to the process for a Conditional Use Permit,except that a Special Use Permit may be granted only by resolution of the City Council,subsequent to a recommendation from the Planning and Zoning Commission.The Commission recommendation and the Council decision shall be made during regularly scheduled public hearings. C.An application for a Special Use Permit shall be signed by the real property owner(s)of the property to which the permit would apply and shall include,but not necessarily be limited to,the submittal of: 1)Proof of ownership. 2)Nonrefundable filing fee in the amount of $300,plus any additional costs incurred by the City for legal advertising, mailings,publishing of resolutions,major amendments,time extensions and continuances by applicant. 3)County Assessor's map of the site and the area within 300 feet of the site. ORDINANCE NO.1023 PAGE 3 OF 5 4)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 proposed use.For the purposes of compiling the list of said property owners,the applicant shall utilize the records of the County Assessor's Office. 5)Specific details of the proposed use,a scaled site plan,and the exact specifications of the structure(s)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: a)location and elevations of structures; b)parking and loading/unloading areas; c)driveways; d)landscaping; e)easements; f)utilities; g)drainage features; h)flood zone areas; I)signs; j)refuse collection. 6)The applicants shall also submit copies of all information, including any and all correspondence,notices,reports,studies, memoranda,diagrams,photographs,documents,and other writings relevant to the proposed use of the property which have been submitted to or received from other governmental or regulating agencies,including but not limited to the Pinal or Maricopa County Health Departments,Arizona Department of Environmental Quality,Arizona Department of Water Resources,United States Army Corps of Engineers,United States Environmental Protection Agency and Federal Emergency Management Agency. D.The Commission shall consider,in making its recommendation,any environmental and financial requirements imposed upon the applicant by any State,Federal or other applicable governmental laws,regulations,rules or policies.The Council may condition the issuance of the Special Use Permit upon stipulations that include environmental and financial requirements.Approval of a Special Use Permit is not the automatic right of any applicant. ORDINANCE NO.1023 PAGE 4 OF 5 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 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 20TH DAY OF JANUARY ,1998. SIGNED AND ATTESTED TO THIS 20TH DAY OF JANUARY ,1998. DOUGLAS COLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: I • i5•98 RICHARD JOEL STERN City Attorney ORDINANCE NO.1023 PAGE 5 OF 5