HomeMy WebLinkAboutRES 21-30 RESOLUTION NO. 21-30
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK
AND ENTITLED "AUGUST 2021 AMENDMENTS TO THE APACHE
JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE,
CHAPTER 1: ZONING ORDINANCE, ARTICLE 1-5 : ZONING BULK
AND USE REGULATIONS, § 1-5-3 NON-RESIDENTIAL USE
REGULATIONS AND § 1-5-4 NON-RESIDENTIAL BULK
REGULATIONS"; REPEALING ANY CONFLICTING PROVISIONS;
AND PROVIDING FOR SEVERABILITY.
WHEREAS, Arizona Revised Statutes Annotated (hereinafter
"A.R.S. ") § 9-802 permits municipalities to enact the provisions
of a code or public record in existence without setting forth
such provisions in full text as long as the adopting ordinance
is published in full text, and one paper copy is filed with the
city clerk and an electronic copy is accessible on the city' s
website, with both made available for public use and inspection;
and
WHEREAS, pursuant to A.R.S. §§ 9--801 (1) and 9-802, such
codes include zoning regulations; and
WHEREAS, city staff has identified such provisions herein,
and it is the intent of the city to declare such documents and
compilations as public records, on file in the office of the
city clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS:
SECTION I IN GENERAL
1 . That certain document entitled the "August 2021 Amendments
to the Apache Junction City Code, Volume II, Land
Development Code, Chapter 1: Zoning Ordinance, Article 1-5:
Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential
Use Regulations and § 1-5-4 Non-Residential Bulk
Regulations", of which at least one paper copy is on file
with the city clerk and one electronic copy of which is
accessible on the city' s website (www.a2achejunctionaz .gov) ,
is hereby declared to be a public record, and shall be made
available for public use and inspection.
RESOLUTION NO. 21-30
PAGE 1 OF 2
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All resolutliins and parts of resolutions in conflict with the
provisions of this resolution or any part of the codes adopted
herein, are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or r.,)ortion
of this resolution or any part of the codes or regulations
adopted herein is fear any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall riot affect the validity of the
remain,ing portions thereof ,
PASSED AND ADOPTED BY THE MAY AND CITY COUNCIL OF"' THE CITY OF
APACHE JUNCTION, ARIZONA, THIS DAY OF C e, 2021 .
SIGNED AND ATTESTED TO THIS 21 DAY OF 2021.
WAL Tail. "CHIP" WILSON
Mayor
ATTEST:
4-1
,7E N IFE R.IJ-PESA
1�1-�T
City Clerk
APPROVED AS rO FORM:
RICHARD JOEL STERN rc
City Attorney
RESOLUTION No. 21-30
PAGE 2 OF' 2
AUGUST 2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 11, LAND
DEVELOPMENT CODE, CHAPTER 1: ZONING ORDINANCE,ARTICLE 1-5:ZONING BULK AND USE
REGULATIONS § 1-5-3 NON-RESIDENTIAL USE REGULATIONS AND § 1-5-4 NON-RESIDENTIAL
BULK REGULATIONS
A) ARTICLE 1-5:ZONING BULK AND USE REGULATIONS, §1-5-3 NON-RESIDENTIAL USE
REGULATIONS.Table 5-3 is amended in its entirety, which illustrates the use regulations for
all non-residential zoning districts, as follows:
TABLE 5-3: NON-RESIDENTIAL USE REGULATIONS
USE CATEGORY SPECIFIC USE TYPE1 8_1 B.1 B-3 B-0 B-54 PI
Gen.o, Old :City Cen.j Bus Park/ 'Ind. Pub/Inst.
West Light Ind.
Motor Vehicle Dealer YES YES NO NO NO NO
General Automotive YES YES NO YES NO NO
Repair
RV Sales/Service/Repair NO NO NO CUP CUP NO
Boat,ATV&Motorcycle NO NO NO YES NO NO
Sales/Service
Semi-Truck NO NO NO CUP CUP NO
Service/Repair
Semi-Truck Stop NO NO NO CUP CUP NO
Vehicle Services Body Shops NO NO NO YES YES NO
and Rentals Car Washes YES YES NO NO NO NO
Vehicle Rental and CUP CUP NO YES YES NO
Leasing
Truck,Trailer and CUP CUP NO YES YES NO
Moving Vehicle Rentals
Machinery and Equip, YES YES NO YES YES NO
Rental (indoor)
Machinery and CUP CUP NO YES YES NO
Equipment Rental
(indoor/Outdoor)
General Retail
(Personal Goods,
Household Goods, YES YES YES NO NO NO
Consumer Electronics,
Retail Sales and Specialty Goods,etc.)
Services Automotive Parts and YES YES YES6 CUP CUP NO
Accessory Sales
Manufactured/Mobile NO NO NO CUP CUP NO
Home Sales
[09-21-21] Page 1
� 1 USE'CATEGORT SPECIFIC USE TYPE; &3 ° '`' B 44 8-5� PI
B �
Ind Gen: Cttd City Cen..- , Bus Parklw Pub/Inst.
West Light Ind.
Appliances&Parts Sales YES YES YES6 YES YES NO
and Repair Stores
Hardware Store YES YES YES NO NO NO
Building Materials and CUP CUP NO CUP YES NO
Supplies Sales(indoors
and/or Outdoors)
Lawn and Garden YES YES YES6 YES YES NO
Equipment/Supply Sales
Feed and Fertilizer Sales CUP CUP YES6 CUP YES NO
Nursery/Greenhouses CUP CUP NO YES YES NO
with On-Site Sales
Grocery Stores YES YES YES NO NO NO
Gasoline Stations and YES YES YES NO NO NO
Convenience Stores
Beer,Wine and Liquor YES YES YES6 NO NO NO
Stores
Shopping Centers YES YES CUP NO NO NO
Retail Sales and Big-Box Stores and YES YES NO NO NO NO
Services Warehouse Clubs
Thrift Store/Used YES YES NO NO NO NO
Merchandise Sales
Antique Stores YES YES NO NO NO NO
Pet and Pet Supply Sales YES YES YES6 YES NO NO
Pet Care/Veterinary YES YES YES6 YES NO NO
Clinic
Kennels/Pet Day Care YES YES NO YES NO NO
Tobacco and Related YES YES CUP NO NO NO
Product Sales
Electronic Shopping and YES YES YES NO NO NO
Mail-Order Sales
Stand-alone Bottled Gas CUP CUP YES6 CUP CUP NO
and Biofuel Dealers
Bakery Sales(small- YES YES YES NO NO NO
scale,not factory or
distribution
warehousing)
Bakery Sales(large scale NO NO NO YES YES NO
including distribution or
warehousing)
[09-21-211 Page 2
USE CATEGORY SPEGFIC USE TYPE' 8 B 2 'B 3 _; B 4a B-S'. >,,PI
Gen'._ pld . a Cen: Bus Park/" ';Ind.: Pub/Inst:
„ West: Lightand.
Medical Marijuana CUP CUP NO CUP CUP NO
Facilities&Dual
Licensees
Marijuana NO NO NO NO NO NO
Establishments
Marijuana Cultivation NO NO NO NO NO NO
and Infusion Facilities
Marijuana Cultivation NO NO NO NO NO NO
Marijuana Testing NO NO NO NO NO NO
Facilities
Swap Meets CUP CUP NO NO NO NO
Farmers Markets YES YES YES NO NO YES
Pawn Shops NO YES NO NO NO NO
Temporary Retail Carts AUP AUP AUP AUP NO AUP
and Kiosks
Printing Shop YES YES YES YES NO NO
Cleaning and Janitorial YES YES NO YES NO NO
Services
Landscaping and NO NO NO YES YES NO
Retail Sales and Exterminating Services
Services Business Equipment YES YES NO YES YES NO
Maintenance and Repair
Personal and Household
Goods Repair YES YES YES' YES YES NO
(Electronics,Furniture,
etc.)
Dry Cleaning Services YES YES YES NO NO NO
Laundromat YES YES NO NO NO NO
Linen and Uniform YES YES NO NO NO NO
Retail
Linen,Carpet,and NO NO NO YES YES NO
Uniform Supply&
Cleaning
Personal Care Services
(e.g.Hair, Nails and Skin YES YES YES NO NO NO
Care)
Tattoo Services YES YES YES NO NO NO
Death Care Services/ CUP CUP NO CUP NO NO
Funeral Homes
Crematories NO NO NO CUP CUP N--W7
[09-21-21] Page 3
1JSE CATEGORY SPECIIFICU5E TYPE' B 1;`, 134: B 3, B-A° 54
w
Gen: Old' City.Cer. Bus Park/' Ind. Pubjlnst.x
T West Light'Ind.
Taxidermist NO NO NO YES YES NO
Commercial Parking CUP CUP CUP CUP CUP CUP
Lots and Garages
Fraternal Organizations YES YES YES NO NO NO
(Clubs and Lodges)
Retail Sales and Banks and Credit Unions YES YES YES NO NO NO
Services
Securities/Commodities YES YES YES NO NO YES
Office/Sales/Exchanges
Check Cashing Store CUP CUP NO NO NO NO
Adult Oriented Uses NO NO NO NO CUP NO
General Offices YES YES YES YES' YES7 NO
Office
Call Center YES YES NO NO NO NO
Elementary,Middle, YES YES YES YES YES YES
and High Schools&
Educational Colleges/Universities
Services Trade Schools YES YES CUP YES YES YES
Administrative Services YES YES CUP YES YES YES
Physicians,Dental and YES YES YES NO NO YES
Health Practitioners
Outpatient& YES YES NO NO NO NO
Ambulatory Care
Centers
Medical and Diagnostic YES YES YES NO NO NO
Labs
Home Health Care YES YES YES NO NO NO
Services
Blood and Organ Banks YES YES NO YES NO NO
Health Care and General Medical and YES YES NO NO NO YES
Social Assistance Surgical Hospitals
Psychiatric&Substance YES YES NO NO NO NO
Abuse Facilities
Nursing and Residential YES YES NO NO NO NO
Care Facilities
Individual and Family YES YES NO NO NO NO
Care Services
Homeless Shelter YES YES NO NO NO NO
Community Food and YES YES NO YES NO NO
Relief Services
[09-21-21) Page 4
:USE CATEGORY SPECIFIC USE-TYPE'' _. �-1 , B 2 B-3 B-4a 8-54 PI:
.Gen. OId �. City Ceri, _"Bus Park/ Ind. Pubjinst.
West Light Ind.
Child&Adult Day Care YES YES YES6 YES NO YES
Services
Vocational Rehab YES YES NO YES NO NO
Services
Movie Theaters YES YES YES NO NO NO
Performing Arts YES YES YES NO NO YES
Facilities
Spectator Sports CUP CUP CUP NO NO CUP
Facilities
Museums and Historical YES YES YES NO NO YES
Sites
Zoos,Nature Parks and CUP CUP NO NO NO CUP
Botanical Gardens
Amusement Parks CUP CUP NO NO NO CUP
Indoor Arcades YES YES YES NO NO NO
Gambling Facilities CUP CUP CUP NO NO CUP
Private Recreational CUP CUP NO CUP NO CUP
Arts, Facilities(Outdoor)
Entertainment, (Private Sports
Recreation,and Complexes,Golf
Open Space Courses,etc.)
Private Recreational YES YES YES YES NO CUP
Facilities(Indoor)
(Gyms,Martial Arts
Studios,Yoga Studios,
Paintball Courses,etc.)
Event Centers&Venues CUP CUP CUP CUP NO NO
Public Recreational AUP AUP AUP AUP AUP AUP
Facilities
Public Outdoor Music AUP AUP AUP AUP AUP AUP
Festivals/Events
Private Outdoor Music CUP CUP CUP CUP NO CUP
Festivals/Events
Commercial Equestrian CUP CUP NO CUP CUP CUP
Boarding,Rentals,
Arenas and Academies
Cemeteries/ CUP CUP NO NO NO CUP
Mausoleum
Restaurants& YES YES YES NO NO CUP
Delicatessen
Food and
Caterers YES YES YES6 YES NO NO
Drinking
Establishments Confectionary and Ice YES YES YES NO NO NO
Cream Sales
[09-21-21) Page 5
,,,,,USE CATEGORY,; 5Pf:CIFIC;IISEFTYPEl_ B 1` B 2 B 3 B 4° B-51 _ill
Gen':, :'Ylld. City Cen. : . Bus Park/ Ind, `PuEs/lust:_
West' Might Ind-
Bars,Breweries,Brew YES YES YES NO NO NO
Pubs and Tasting Rooms
Restaurants/Bars/Clubs CUP CUP YES NO NO NO
(With Amplified
Outdoor Music)
Government Offices YES YES YES YES YES YES
and Courts
Public Public Services YES YES YES YES YES YES
Administration (Libraries,Parks,Public
Safety Buildings)
Detention/Correctional NO NO NO CUP CUP CUP
Facilities or Institutions
Mining, Oil and Gas Extraction CUP CUP NO CUP CUP CUP
Quarrying,Gas Mining NO NO NO CUP CUP CUP
and oil quarrying NO NO NO CUP CUP CUP
Electric Power CUP CUP CUP CUP CUP CUP
Generation3
Water and Sewerage CUP CUP CUP CUP CUP YES
Systems/Facilities
Telecommunication
Facilities CUP CUP CUP CUP CUP YES
(Antennas or Towers)
Utilities Telecommunication
Facilities
(Antennas or Towers) YES YES YES YES YES YES
on land owned,leased,
or otherwise controlled
by the City
Other Utilities See§ 1-6-21
Alternative Energy See§ 1-6-16
Generation Facilities
Light Manufacturing NO NO NO YES YES NO
(Located within an
enclosed building and
only generates
moderate and
manageable traffic,
noise,vibration,odor,
glare and/or light
impacts)
Heavy Manufacturing NO NO NO NO CUP NO
Manufacturing (Indoor and/or Outdoor:
Assembly,
manufacturing,
processing,repair
and/or storage,and that
may generate traffic,
noise,vibration,odor,
[09-21-211 Page 6
glare,and/or light
impacts that need to be
conditionally managed)
Ancillary YES2 YES2 YES2 N/A N/A YES
Man ufactu ringz
11SE CATEGORY, SPECIFIC USE'TYPE1 B" B= B=3 Z-4 8�54 PI'
Gen; Ord City.Cen.. 8us'Park_/ , Ind. Pub/Inst.
- West ,Light Incl.
Contractors office,shop YES YES NO YES YES NO
and/or storage(indoors)
Contractors office,shop CUP CUP NO CUP YES NO
and/or storage(indoors
Construction and/or outdoors)
Craftsman and Artisan YES YES YES YES YES NO
(Indoors)
Craftsman and Artisan CUP CUP NO CUP YES CUP
(Indoors or outdoors)
Truck Transportation NO NO NO CUP CUP NO
Terminal
Bus Transportation NO NO NO CUP CUP CUP
Terminal
Air Transportation NO NO NO YES YES YES
Terminal
Taxi and Limousine NO NO NO YES YES YES
Service
Towing Truck Parking NO NO NO CUP YES NO
Transportation and Storage
and Scenic and Sightseeing CUP CUP NO CUP CUP CUP
Warehousing Terminal/Parking
Postal,Courier and CUP CUP NO CUP YES CUP
Delivery Service
General Warehouse and NO NO NO YES YES NO
Storage(Indoor)
Mini-Warehouse NO NO NO CUP CUP NO
Distribution Facilities NO NO NO YES YES NO
Outside Storage Yards NO NO NO CUP CUP NO
Motion Pictures and CUP CUP CUP YES YES NO
Sound Recording Indus.
Broadcasting and YES YES YES YES YES NO
Information Recording
Data Center/Data
Processing Facilities NO NO NO CUP CUP NO
Transfer Station/
Waste Material Recovery NO NO NO NO CUP CUP
Management Center
And Remediation Solid Waste Disposal
NO NO NO NO CUP CUP
Sites
[09-21-21] Page 7
USE�CATIEGORY SPECIFIC'USE-TYPES '' B 1 B-2 , , B 3.. �B-4 B&54 PL<
Gen: Old. City Cen',_ Bus'Rark/
West Light'Ind. ,
Recycling Facilities NO NO NO NO CUP CUP
Waste Tire Collection NO NO NO NO CUP NO
and/or Storage
Crop Production NO NO NO YES YES NO
Feed Lots NO NO NO NO NO NO
Greenhouse and CUP CUP NO YES YES NO
Agriculture Nursery
Beef, Dairy,Sheep, Goat NO NO NO NO CUP NO
and Hog Production
Poultry and Egg NO NO NO CUP CUP NO
Production
Aquaculture NO NO NO CUP CUP NO
Single-Family Detached NO NO NO NO NO NO
Residential
Multi-Family Residential CUP CUP CUP NO NO CUP
(Including Apartments, (13 DU/
Condominiums or AC Min.)
Residential Uses& Townhouses)
Assisted Living Facility YES YES CUP NO NO NO
Group Care Home CUP CUP CUP NO NO NO
Live/Work Unit CUP CUP YES NO NO CUP
Hotels,Motels and YES YES YES NO NO NO
Resorts
Bed and Breakfast Inns YES YES NO NO NO NO
Accommodation
and Lodging RV Campgrounds CUP CUP NO NO NO NO
Boarding House NO NO NO NO NO NO
Institution(seating
Religious capacity of up to 1,500 YES YES YES YES YES YES
Institutions/ persons)
Places of Worship Large Institution
(seating capacity CUP CUP CUP CUP CUP CUP
greater than 1,500
persons)
"YES"= Permitted Use by Right. A "Yes" indicates that the listed use is permitted by-right within the
respective zoning district.
"CUP"=Conditional Use Permit.A "CUP" indicates that the listed use is permitted within the respective
zoning district only after review and approval of a Conditional Use Permit, in accordance with the review
and approval procedures of§ 1-16-12(D).
109-21-21] Page 8
"AUP"=Administrative Use Permit.An"AUP" indicates that the use and/or structure is permitted within
the respective zoning district following review and approval of an administrative permit by the
Development Services Director or designee in accordance with§ 1-16-12 (C).
"NO"= Prohibited Uses. A "NO" indicates that the listed use type is expressly not allowed within the
respective zoning district.
Footnotes from Table 5-3:
1. Where land use category definitions are not provided or unclear,the Zoning Administrator shall
be responsible for interpretation.
2. An ancillary manufacturing use is a subsidiary or secondary use or operation connected to the
main use of a building.Ancillary manufacturing uses shall be allowed in the B-1, B-2 or B-3 zoning
districts if incidental and subordinate to the primary retail, office, public or quasi/public use,
provided that not more than 50%,up to a maximum of 1,500 square feet,of the floor area of the
business is engaged in these ancillary manufacturing activities. No outside manufacturing,
processing,repair or equipment/inventory storage shall be allowed for ancillary uses(see Section
1-6-26).
Ancillary manufacturing uses proposed to be greater than 1,500 square feet and/or 50%of the
total floor area may be approved as a conditional use by the Planning and Zoning Commission
(see Section 1-6-26).
3. See § 1-6-16 (B)for alternate energy production regulations.
4. Land uses listed in the B-4 and B-5 distridthat propose outdoor assembly,repair,manufacturing,
processing and/orstorage shall require conditional use permit approval even if identified in Table
5-3 as a permitted use by right.
S. See § 1-6-15 for adult oriented business regulations.
6. The noted retail and service use categories shall only be permitted in the B-3 zoning district when
they are an incidental use to a permitted primary use. The noted use categories shall not be
operated as primary stand-alone facilities,but may be permitted as individual occupancies within
"strip"or"in-line"commercial centers.
7. Offices in B-4 and B-5 zoning districts shall only be permitted as ancillary uses.
8. Where a non-residential property was previously developed for commercial uses and is being
redeveloped for residential uses, the new development plan shall contain whichever is greater
of either:
0) a minimum of 25% of the previous commercial building square footage on the new site
for commercial uses, or;
(ii) a minimum of 35%of the acreage shall be used for commercial uses.
This definition of commercial uses shall be interpreted in a broad sense to include all typical retail,
commercial and office uses.
[09-21-21] Page 9
B) ARTICLE 1-5: ZONING BULK AND USE REGULATIONS §1-5-4 NON-RESIDENTIAL BULK
REGULATIONS. Table 5-4 is amended in its entirety, which illustrates the bulk requirements
for all non-residential zoning districts,as follows:
TABLE 5-4: NON-RESIDENTIAL BULK REGULATIONS
US>E.TYP ° 81 8-2 B3 . B-4 0-5 Pr
General 01d:1Nest City Cen. Bus.Park Industrial:, Public/Inst.
Minimum tot Areal 7,000 sf. 5,000 sf. 7,000 sf. 15,000 sf. 15,000 sf. 15,000 sf.
Minimum Lot Width2 50 ft. 50 ft. 50 ft. 75 ft. 75 ft. 75 ft.
Maximum Residential 22 units/ac 22 units/ac 40 units/ac Not Not 22 units/ac
Density3 Applicable Applicable
Minimum Lot Area per 1,980 sf. 1,980 sf. 1,089 sf. Not Not 1,980 sf.
Dwelling Unit Applicable Applicable
Minimum Front Setback 20 ft. 0 ft. 0 ft, 20 ft. 20 ft. 20 ft.
(main structure)
Minimum Front Setback 20 ft. 20 ft. 20 ft, 20 ft. 20 ft. 20 ft.
(accessory structure)
Minimum Interior Side Setback 10 ft. 5 ft. 5 ft. 10 ft, 10 ft. 10 ft.
(accessory structure)
Minimum Street Side Setback 10 ft. oft. 0 ft. 10 ft. 10 ft. 10 ft.
(a11 structures)
Minimum Rear Setback 10 ft, 5 ft. 5 ft. 10 ft. 10 ft. 10 ft.
(all structures)
Minimum.Front Setback 10 ft. 10 ft. 10 ft. 10 ft. 10 ft. 10 ft.
(Parking)
Maximum Size for Accessory No limit No limit No limit No limit No limit No limit
Structure
Maximum Height for Main 35 ft. 35 ft. 60 ft. 35 ft. 35 ft. 35 ft.
Structure
Maximum Height for Accessory 2Q ft. 20 ft. 20 ft. 35 ft, 35 ft. 35 ft.
Structures
Footnotes from Table 5-4:
1 Minimum lot area shall be calculated as net land area. For condominiums or townhomes no
minimum lot size or width shall be required.
x Minimum lot width is the distance between side lot lines measured perpendicular to the lot depth
at the front setback line. Minimum lot width measurement for flag lots shall be interpreted by the
Zoning Administrator. Lot width, as measured at the front setback line,shall not be less than 25%of
the lot depth,unless waived by the Zoning Administrator due to unique environmental or geographic
conditions.
[09-21-21] Page 10
Maximum density shall be calculated as the total number of dwelling units/net land area.
In addition to the standards listed in Table 5-4,the following supplemental standards shall apply to
Institutional and Business Zoning Districts
Fences and Walls See Section 1-6-3
Landscaping and Screening See Article 1-8
Lighting and Illumination See Article 1-10
Parking and Loading See Article 1-7
Outdoor Storage See Section 1-6-9
Solar Panels and Alternative Energy See Section 1-6-16
Signs See Article 1-11
Visibility at Intersections See Section 1-6-13
Temporary Use and Structures See Section 1-6-23
Design Guidelines See Article 1-13
NOTE:A Site Plan and Design Review application is required for all new development prior to applying for
building permits.
109-21-21] Page 11