(A)   Development Services Department. The Development Services Department includes the Planning Division, Building Safety and Code Compliance Division and Revenue Development Division. The Planning Division shall be responsible for current planning, long-range planning, General Plan administration, Zoning Code administration and administering the Planning and Zoning Commission and Board of Adjustment and Appeals.

   (B)   Establishment of Zoning Administrator. The Zoning Administrator is the city official(s) established pursuant to A.R.S. § 9-462.05 that is charged with responsibility for interpreting and administering the Zoning Code. The Development Services Director ("Director") or his/her designee shall serve as the Zoning Administrator.

   (C)   Authority and duties of Zoning Administrator. The Zoning Administrator shall be responsible for the following:

      (1)   Perform administrative actions required by this Chapter, including the giving of notice, scheduling of hearings, preparation of reports, and receiving and processing of appeals.

      (2)   Interpret the Zoning Code to the public, city departments and other branches of government, subject to the supervision of the Director and subject to general and specific policies established by the Mayor and City Council ("Council").

      (3)   Serve as Secretary to the Planning and Zoning Commission and Board of Adjustment and Appeals.

      (4)   Make recommendations to the Director on changes and improvements in Zoning Code regulations and procedures.

      (5)   Determine the location of any district boundary shown on the official Zoning Maps adopted as part of this Chapter when such location is in dispute.

      (6)   Review, consider and approve/deny administrative use permits as authorized by the Zoning Code.

      (7)   Determine non-conforming use status and authorize certificates of legal non-conformity pursuant to Apache Junction City Code, Vol. II, § 1-2-5(E).

      (8)   Work with the assistance of Code Compliance staff to enforce the provisions of the Zoning Code, including Council directed enforcement priorities, pursuant to A.R.S. §§ 9-462.05 et. seq.

   (D)   Appeals from Zoning Administrator. Any person aggrieved by a decision of the Zoning Administrator may appeal the decision to the Board of Adjustment and Appeals in accordance with Vol. II, §§ 1-16-4 and 1-16-5 of this Chapter.

(Ord. 1402, passed 5-6-2014)

   The Planning and Zoning Commission ("Commission") shall be established, constituted, operated and administered in accordance with A.R.S. § 9-461.02, as amended, and City Code, Vol. I, Planning Commission, § 2-22. More specifically, it shall be the duty of the Commission to:

   (A)   Formulate, create and administer any lawful plan duly adopted by the governing body for the present and future growth of the city pertaining to the use of land and buildings for any purpose, together with all incidental activities usually associated therewith and commonly known as "Planning and Zoning".

   (B)   To make or cause to be made a continuous study of the best present and future use to which land and buildings shall be put within the city.

   (C)   To recommend to the governing body revisions in the plans which, in the opinion of the Commission, are for the best interest of the citizens of the city.

   (D)   To promulgate rules of procedure and to supervise the enforcement of rules so promulgated by the Commission and approved by the Council.

(Ord. 1402, passed 5-6-2014)

   The Council shall be established, constituted, operated and administered in accordance with City Code, Vol. I, Article 2-1. In addition to any authority granted the Council by general or special law, the Council shall make final decisions pertaining to the following development and zoning matters:

   (A)   Initiate, adopt, and amend a comprehensive, long-range General Plan for the development of the city.

   (B)   Initiate, adopt, and amend specific plans, regulations, programs and legislation as needed for the systematic implementation of the General Plan.

   (C)   Initiate, adopt, and make amendments to the Zoning Code regulations and/or Zoning Code Maps.

   (D)   Create necessary boards, commissions or taskforces to administer and implement the General Plan and Zoning Code.

   (E)   Consider and approve applications for preliminary and final plats.

   (F)   Consider and approve development agreements.

   (G)   Adopt design guidelines for the design review process.

   (H)   Consider and adopt, reject or modify annexation of property within the city.

   (I)   Consider and adopt, reject, or modify requests for public rights-of-way dedications, extinguishments, vacations and relinquishments.

   (J)   Appoint members of the Commission and Board of Adjustment.

   (K)   Adopt the policies, rules, and procedures deemed necessary for the implementation and enforcement of the Zoning Code.

(Ord. 1402, passed 5-6-2014)

   (A)   Establishment. A Board of Adjustment and Appeals ("Board") is hereby established pursuant to A.R.S. § 9-462.06 and Apache Junction City Code, Vol. I, § 2-21-1.

   (B)   Meetings. The Board shall meet regularly as needed. All meetings shall be open to the public. It shall elect its own officers, establish its own rules, keep a record of its action, and render an annual report to the Council and Commission. The Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses in accordance with the laws of the State of Arizona. Any finding, ruling, or decision of the Board relating to the administration of the Zoning Ordinance shall be an order at either a regular or special meeting of the Board, and shall be fully reported in the minutes of the Board.

   (C)   Powers and duties. The Board shall have the following powers and duties:

      (1)   Appeals of Zoning Administrator's decisions. Hear and decide appeals in which it is alleged there is an error in an order, requirement, interpretation or decision made by the Zoning Administrator in the enforcement of the Zoning Code.

      (2)   Appeals for variances.

         (a)   Hear and decide requests for variances from the terms of the Zoning Ordinance only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surroundings, the strict application of the zoning ordinance will result in unnecessary property hardships, result in serious impairment of substantial property rights and deprive such property of privileges enjoyed by other property of the same classification in the same zoning district.

         (b)   Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not be contrary to the public interest, shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located and shall cause the minimum possible interference with the general purposes and intent of this Chapter.

   (D)   Powers and duties not authorized. The Board shall not have the following powers and duties:

      (1)   Make any changes or allow modifications to the uses permitted in any zoning district classification (i.e., no use variances allowed).

      (2)   Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.

   (E)   Ex parte communications. The Board shall act in a quasi-judicial manner and shall not entertain, accept or participate in any ex parte communications.

(Ord. 1402, passed 5-6-2014)

   (A)   Legal standing for appeals. Appeals to the Board may be taken by persons aggrieved or by any officer, department, board or bureau of the city affected by a decision of the Zoning Administrator, by filing with the Development Services Department a notice of appeal and required complete application within 30 calendar days of the decision being communicated to the applicant.

   (B)   Information required for filing an appeal. The following information is required for filing an appeal:

      (1)   Completed application form filed with the Zoning Administrator at 300 E. Superstition Blvd., Apache Junction, Arizona 85119, with date of appeal, name and contact information of person filing the appeal (i.e., appellant), assessor's parcel number, case number and any individual representing the appellant.

      (2)   List of address to which notices must be sent.

      (3)   Description of requested variance or decision being appealed.

      (4)   Date of the Zoning Administrator's decision that is being appealed.

      (5)   Description of requested outcome if the appeal is granted.

      (6)   Description of grounds for appeal.

      (7)   Scaled and properly dimensioned Site Plan illustrating relevant property information.

      (8)   Payment of application fees established in Apache Junction City Code, Vol. I, Chapter 4.

      (9)   Other items and materials required by the application form and/or necessary for the appeal.

   (C)   Legal effect of appeal. An appeal to the Board stays all proceedings in the matter appealed from, unless the Zoning Administrator certifies to the Board that, in the Zoning Administrator's opinion and finding, a stay would cause imminent peril to life or property. Upon such finding, proceedings shall not be stayed, except by restraining order granted by the Board or by a court of record on application and notice to the Zoning Administrator. Proceedings shall not be stayed if the appellee requests relief which has previously been denied by the Board, except pursuant to a special action in Superior Court.

   (D)   Public hearing. The Board shall fix a reasonable time to conduct a public hearing for the appeal. Public notice of the hearing shall be administered by the Development Services Department and shall comply with the following:

      (1)   Newspaper publication. Notice of the time, date and place of the hearing, including a general description of the matter to be considered and a general description of the area affected, shall be published in a newspaper of general circulation that is published or circulated in the community. The publication notice shall be at least 15 calendar days before the hearing, and shall be published as required by A.R.S. 9-462.04, as amended.

      (2)   Posting notice. The notice of public hearing shall be posted by the applicant in accordance with the instructions provided in the application materials.

      (3)   Mailing notice. The city shall send notice by first class mail to each real property owner, as shown on the last assessment of the property, within 300 feet of the appellant's property. The notice shall include the proposed hearing date, time, location and information regarding the case.

   (E)   Failure to receive notice. The failure of any person or entity to receive notice shall not constitute grounds for the city or any court to invalidate the actions of the Board.

   (F)   Board review. The Board shall conduct a public hearing (i.e., de novo), and shall review all relevant information, including but not limited to the application, plans, related project materials that were submitted by city staff and the appellant, the original decision being appealed, any additional materials as may be presented at the appeal hearing, any written correspondence submitted prior to or during the hearing, and any information observed by a site visit.

   (G)   Board's decision. The Board may approve, approve with conditions, or deny an appeal, and may prescribe reasonable conditions in connection with its decision as may be necessary in order to fully carry out the purpose and intent of the Zoning Code.

   (H)   Appeal to Superior Court. Any person aggrieved by a decision of the Board or any taxpayer, officer or department of the municipality affected by a decision of the Board may, at any time within 30 calendar days after the Board has rendered its decision, file a complaint for special action in the Superior Court to review the Board decision. Filing the complaint does not stay proceedings on the decision sought to be reviewed, but the Court may, on application, grant a stay and on final hearing may affirm or reverse, in whole or in part, or modify the decision reviewed.

   (I)   Expiration. Rights and privileges established by the granting of a variance shall be exercised within 1 year following the date of approval unless a different time limit is specified by the Board at the time the variance is granted. Failure to exercise a variance within the time limits specified shall cause the variance to become null and void.

(Ord. 1402, passed 5-6-2014)

   (A)   Authority. The Council may, from time to time, upon the recommendation of the Commission amend, supplement, change or repeal the Zoning Code regulations (i.e., Zoning Code text) and/or Zoning Map boundaries (i.e., rezoning). The Council shall have the power to approve, modify and approve with conditions or deny the Commission's recommendation.

   (B)   Request to amend.

      (1)   By Commission or Council. Request to amend the Zoning Code regulations or Zoning Maps may be initiated by the Council or Commission on its own motion.

      (2)   By private party. Petition by a private party for a Zoning Map amendment shall be made to the Commission on a form and application provided for that purpose by the Development Services Department and shall be signed and notarized by the real property owners of the properties to which the Zoning Map amendment applies.

   (C)   Citizen review process. Prior to any Commission public hearing regarding a Zoning Map amendment initiated by a private party, a Citizens Review Process shall be required pursuant to Vol. II, § 1-16-7(B).

   (D)   Public hearing and notice. The Commission shall hold a public hearing on any proposed amendment to the Zoning Code regulations or Zoning Map boundaries, and city staff shall provide the following notice:

      (1)   Newspaper publication. Notice of the time, date and place of the hearing, including a general description of the matter to be considered and a general description of the area affected, shall be published in a newspaper of general circulation that is published or circulated in the community. The publication notice shall be at least 15 calendar days before the hearing, and shall be published as required by A.R.S. § 9-462.04, as amended.

      (2)   If the proposed amendment involves a change to the Zoning Code standards, the changes, or reference to where the changes may be publically viewed, shall be published in a display ad covering not less than 1/8 of a full page as per A.R.S. § 9-462.04(A)(4)(c).

      (3)   Property posting. The notice of public hearing shall be posted by the applicant in accordance with the instructions provided in the application materials.

      (4)   Outside agency notice. In proceedings involving Zoning Map amendments of land which abuts other municipalities or unincorporated areas of the county or a combination thereof, copies of the notice of public hearing shall be transmitted to the planning agency of such governmental unit abutting such land.

      (5)   Mailing notice for Zoning Map amendments. Proposed amendments to the Zoning Maps shall require that the city send notice by first class mail to each real property owner, as shown on the last assessment of the property, of the area to be rezoned and all property owners, as shown on the last assessment of the property, within 300 feet of the property to be rezoned to a non-industrial zoning district classification. Proposed rezoning to an industrial district classification shall require a mailing to property owners within 500 feet of the property to be rezoned. Mailing notices shall not be required for Zoning Code text amendments.

   (E)   Failure to receive notice. The failure of any person or entity to receive notice shall not constitute grounds for the city or any court to invalidate the actions of the Commission or Council.

   (F)   Planning and Zoning Commission decision. Following public hearing, the Commission shall render its decision in the form of a written recommendation to the Council. The recommendation shall include the reasons for the recommendation and shall be transmitted to the Council in such form and manner as may be specified by the Council.

   (G)   City Council decision.

      (1)   If the Commission has held a public hearing, the Council may adopt the recommendation of the Commission without holding a second public hearing if there is no objection, request for public hearing or other protest. The Council shall hold a public hearing if requested by the aggrieved party or any member of the public or of the Council, or in any case, if no public hearing has been held by the Commission. Notice of the date, time and place of the hearing shall be given in the time and manner provided for the giving of notice of the hearing by the Commission.

      (2)   A request made by an aggrieved party or member of the public or of the Council for a public hearing to be held by the Council shall be made within 14 calendar days from the date the Commission votes upon a proposed amendment. The request shall be in writing on a form provided by the City Clerk and filed with the City Clerk.

   (H)   Conditions of Zoning Map amendment approval.

      (1)   Base district Zoning Map amendments. The Council may condition approval of base district Zoning Map amendments on the following:

         (a)   Dedication of public rights-of-way as streets (in accordance with city's Street Classification System), alleys, public ways, drainage and public utilities as are reasonably required by or related to the effect of the rezoning.

         (b)   Establishment of a schedule for development of the specific use or uses for which rezoning is requested. If at the expiration of this period the property has not been improved for the use for which it was conditionally approved, the legislative body, after notification by certified mail to the owner and applicant who requested the rezoning, may schedule a public hearing to take administrative action to extend or determine compliance with the schedule for development or take legislative action to cause the property to revert to its former zoning classification.

      (2)   Planned Development Overlay District Zoning Map amendments. The Council may condition approval of a Planned Development Overlay Zoning Map amendment on modification of regulations in accordance with Vol. II, § 1-4-3 (PD District).

   (I)   Reconsideration of denied amendment. In the event that an application for amendment to the zoning district boundaries is denied by the Council, the Commission and Council shall not reconsider a similar application for at least 90 calendar days from the date of the denial action.

   (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 150 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.

      (2)   Protests shall be filed with the Development Services Department no later than 5:00 p.m. on the Wednesday preceeding the Council meeting, or the following day if Wednesday is a holiday where City Hall is closed.

   (K)   Effective date. A decision by the Council involving rezoning of land which is not owned by the city and which changes the Zoning Map classification of such land may not be enacted as an emergency measure and such change shall not be effective for at least 30 days after final approval of the change in classification by the Council.

   (L)   Consistency with the General Plan. All Zoning Map amendments or Zoning Code text amendments adopted under this article shall be consistent with and conform to the adopted General Plan of the city. In the case of uncertainty in construing or applying the conformity of any part of a proposed amendment to the adopted General Plan of the city, the proposed amendment shall be construed in a manner that will further the implementation of, and not be contrary to, the goals, policies and applicable elements of the General Plan. An amendment conforms to the General Plan if it proposes land uses, densities or intensities within the range of identified uses, densities and intensities of the Land Use Element of the General Plan.

   (M)   Filing fees. Application fees for amendments to the Zoning Code regulations or the Zoning Maps shall be in accordance with Apache Junction City Code, Vol. I, Chapter 4 .

(Ord. 1402, passed 5-6-2014; Ord. 1557, passed 11-19-2024)

   (A)   Public hearing and notice. Information and procedures regarding public hearing, public posting, newspaper publication, property posting and property owner mailing notice requirements for certain zoning and development applications is provided below.

      (1)   Zoning Code and Map amendments. Public notice requirements for Zoning Code and Zoning Map amendments are provided in Vol. II, § 1-16-6.

      (2)   Board of Adjustment and Appeals. Public notice requirements for appeals are provided in Vol. II, § 1-16-5.

      (3)   Conditional use permits. Public notice requirements for conditional use permit applications are provided in Vol. II, § 1-16-12(D).

      (4)   General Plan amendments. Public notice requirements for General Plan amendments are provided in Chapter 15 (Amending the General Plan) of the "Apache Junction General Plan", or any subsequent amendment.

      (5)   Annexations. Public notice requirements for proposed annexations are provided in Vol. II, § 1-16-10.

   (B)   Citizen review process. A neighborhood meeting shall be required for all privately initiated applications for major General Plan Land Use Plan Map amendments, Zoning Map amendments and specific Plan approvals. The purpose of the neighborhood meeting is to provide a means for the applicant, surrounding neighbors and homeowners associations to review privately initiated preliminary Zoning Map and Land Use Plan Map amendment proposals and solicit input and exchange information about the proposed amendment with the intent to resolve potential conflicts prior to the required formal hearings.

      (1)   Neighborhood meeting scheduling. The applicant is required to hold at least 1 neighborhood meeting at least 15 calendar days prior to their scheduled Planning Commission Public Hearing.

      (2)   Neighborhood meeting notification. At least 10 calendar days prior to the neighborhood meeting, the applicant shall provide notification to the affected neighbors as follows:

         (a)   Applicant shall notify by first-class mail all property owners of record within 300 feet of the property.

         (b)   Applicant shall notify any persons who have specifically requested notice regarding the application who register their names and addresses with the city as being interested in receiving such notice.

         (c)   The neighborhood meeting notice shall set forth the purpose, substance of the proposed application (e.g., site plans, building elevations and project data), and the time, date and place of the meeting.

         (d)   A copy of the neighborhood meeting notice shall be submitted to the Development Services Director.

      (3)   Follow-up report. Applicants shall provide a written report to the Development Services Department on the results of their citizen review efforts at least 10 calendar days prior to the Commission's public hearing. This report will be attached to the staff's public hearing case report. At a minimum, the written report of the citizens review meeting shall include the following details:

         (a)   Dates and locations of all meetings where citizens were invited to discuss the proposal;

         (b)   Content, dates mailed and number of mailings, including examples of letters, meeting notices, newsletters and other publications;

         (c)   The addresses of residents, property owners and interested parties receiving notices, newsletters or other written materials;

         (d)   The number of people that participated in the process; and

         (e)   A summary of concerns, issues and problems expressed during the process, including the substance of the concerns, issues and problems; and how the concerns were addressed or resolved.

(Ord. 1402, passed 5-6-2014)

   (A)   Purpose. The purpose of the preliminary development review ("PDR") process is to create efficiency, predictability and consistency in the development review and approval process. The PDR process provides an internal forum for the prospective applicant and city staff to review and discuss a proposed development, identify opportunities and constraints and to outline the procedural steps that are required for approval.

   (B)   PDR submittal and review process. The PDR submittal process and requirements are provided in the "Preliminary Development Review Instructional Packet" available at the Development Services Department.

(Ord. 1402, passed 5-6-2014)

   (A)   Purpose. The Site Plan review and approval provisions are intended to promote safe, functional and aesthetic development of property and to ensure that new structures, utilities, streets, parking, circulation systems, yards and open spaces are developed in conformance with the standards of the Zoning Code, Engineering Design Guidelines, General Plan and any adopted specific plans.

   (B)   Application. No non-residential and/or multi-family residential structure or use shall be permitted prior to Development Services Department review and approval of a development site plan prepared in accordance with this section.

   (C)   Submittal and approval requirements. The applicant shall submit a completed application to the Director or designee in accordance with this Article. The Director will review the application and Site Plan then proceed as follows:

      (1)   Incomplete submittal. If the Site Plan application is incomplete, the application shall be returned to the applicant with a statement of the reasons why the proposed Site Plan does not conform to the applicable Zoning Code standards.

      (2)   Permitted by right uses and structures. If the proposed use or structure is permitted by right in the Zoning Code, the Director or designee will review the completed application and Site Plan in accordance with applicable Zoning Code standards, and either deny the Site Plan for cause or approve and forward the Site Plan to the Building Division for code review and processing.

      (3)   Conditional uses or planned development overlay zoning requests. If the proposed use or structure is associated with a CUP application or a Planned Development Overlay Zoning application, the Director will review the Site Plan and forward a report and recommendation to the Commission and/or Council for their final review and action. If the final Site Plan conforms to the approval of the Commission and, if required, Council, the Director will forward such approval to the Building Division for permit processing.

   (D)   Minor Site Plan modifications and revisions requiring only administrative approval. The following proposed minor changes to Commission or Council approved Site Plans may be administratively approved by interpretation of the Director or his/her designee:

      (1)   A change in floor area less than 10%, subject to compliance with setback requirements.

      (2)   A reduction of less than 10% of the landscape area, open space or outdoor living area.

      (3)   A minor change to a condition of approval that does not change the basic intent of the condition.

      (4)   A minor change to the design that does not deviate from the previously approved design concept.

      (5)   Changes that are not likely to have an adverse impact on adjoining properties.

   (E)   Major Site Plan modifications and revisions requiring Commission and/or Council approval. Major changes to Site Plans associated with Commission approved CUPs or Council approved planned development rezonings shall require approval by the Commission or Council, respectfully. Major modifications shall include substantial design, Site Plan, setback, landscaping, density, lot size, signage, building height, access and/or use revisions to the approved Site Plan.

   (F)   Site Plan requirements. The Site Plan submittal process and requirements are provided in the "City of Apache Junction Site Plan Application Checklist" available at the Development Services Department.

   (G)   Effect of Site Plan approval.

      (1)   Effective period of Site Plan approval. The approval of a Site Plan shall be effective for a period of 2 years from the date of approval, at the end of which time the applicant must have submitted an application for building permit. If a Site Plan is not submitted for certification within the 2 year period, the approval shall be null and void, and the applicant shall be required to submit a new Site Plan for review.

      (2)   Application for building permits. After a Site Plan has been approved, the applicant may apply for building permits consistent with the Site Plan as approved. No building permit application may be issued until the Site Plan has been certified by the Director as conforming to the approved Site Plan.

   (H)   Final inspection. The Director or his/her designee shall inspect the development site for compliance with the approved Site Plan before a final certificate of occupancy is issued for the project. Any deficiencies shall be recorded in a letter to the applicant. The applicant shall have 10 calendar days in which to eliminate the deficiencies. If the applicant is unable to comply within the 10 calendar day period, the applicant may request, in writing, an extension of time for the completion which shall not exceed 6 months. The written request shall state the extenuating circumstances causing the delay. Upon review and approval by the Director or designee, a temporary certificate of occupancy may be issued indicating the date by which the deficiencies shall be eliminated (Note: the Planning Division's final inspection for Site Plan compliance is separate and distinct from the Building Division's inspections for Building Code compliance).

(Ord. 1402, passed 5-6-2014)

   (A)   Intent. This section establishes uniform procedures for annexation of property not within the city limits and subsequent zoning of that property.

   (B)   Process.

      (1)   Upon compliance with state statutes and city regulations and processes, annexation applications shall be forwarded to the Council for the public hearing required by A.R.S. § 9-471(A)(3) prior to release of the annexation petition.

      (2)   Once the Council conducts its initial public hearing and accepts the request for annexation, official annexation petitions shall be prepared by staff to be circulated to the effected property owners following the public hearing.

      (3)   When all provisions of A.R.S.§§ 9-471, et seq. have been complied with, the Council shall hold the required public hearings to consider an ordinance authorizing annexation of the property into the city.

   (C)   Zoning of annexed properties. Areas under consideration for annexation may be zoned at the time of annexation or within 6 months after the annexation to city zoning districts comparable to, but not greater in intensity than the county zoning applicable to the property immediately preceding annexation. In the event that city zoning is not established with annexation, the area shall be considered to be zoned as shown on the Official Pinal or Maricopa County Zoning Map, as the case may be.

   (D)   Construction and building permits.

      (1)   County building permits validly issued pursuant to county requirements not more than 60 calendar days prior to the effective date of annexation, shall be accepted by the Building Official as valid permits for a period of 60 calendar days after the effective date of annexation. If construction has not commenced on or before the 60th calendar day after the effective date of annexation, a city building permit shall be required.

      (2)   For buildings under construction with a valid building permit issued by Pinal County prior to the effective date of an annexation ordinance, a city building permit shall not be required, but the Building Official shall require that buildings constructed under such county building permit be structurally safe and conform to pertinent county zoning regulations in effect at the time the county permit was issued.

   (E)   Existing uses and structures.

      (1)   Any use or activity conducted contrary to county zoning regulations at the effective date of annexation and not constituting a legal non-conforming use under the county zoning regulations, shall not be considered a legal non-conforming use by the city.

      (2)   Any use or activity conducted in conformance with county zoning regulations at the effective date of annexation and not in conformance with this Chapter shall be considered a legal non-conforming use by the city.

      (3)   Any use, activity or structure that is existing at the effective date of annexation, under a county use permit with a time limit imposed, may continue for the remainder of the time limit. Any extension of this time limit requires city approval of a CUP. The type of CUP required shall be determined according to the regulations for the city zoning district where the use is located. If, after the expiration of the Pinal County use permit, no CUP is specified or approved for that activity, then the property shall require rezoning to a conforming zoning district permitting the activity, or the activity may continue only as a legal nonconforming use, subject to the requirements of Vol. II, § 1-2-5.

      (4)   Any legal lot or parcel of land duly recorded in the County Recorder's Office prior to the effective date of this Chapter and having an area, width, depth, or street frontage less than that required in the Zoning District regulations in which such lot or parcel is situated, shall be deemed to be a lot and may be used as a building site, provided that all other regulations for the city zoning district shall apply.

      (5)   Building setbacks established by county overlay zoning or special use permit for existing residential developments shall be enforced. Conventional residential developments without county overlay zoning or special use permit shall have setbacks as specified in the city's Zoning Ordinance.

(Ord. 1402, passed 5-6-2014)

   Submittal and approval process. Proposed amendments to the General Plan shall comply with the amendment process and requirements established in the most current version of the Apache Junction General Plan, or any subsequent update to the Plan.

(Ord. 1402, passed 5-6-2014)

   (A)   Authorization and applicability. It shall be unlawful to erect, construct, reconstruct, alter or change the structure, land and/or use of any property within the city without first obtaining the required building permit, administrative use permit, and/or conditional use permit from the Development Services Department.

   (B)   Building permits. The City of Apache Junction Building Official and the city's adopted building codes establish the requirements and procedures for building permits.

   (C)   Administrative use permits. An Administrative Use Permit ("AUP") may be approved by the Zoning Administrator following review of the application and a finding that the use and/or structure complies with specific standards specified for such use and/or structure in the Zoning Code. Uses and/or structures requiring approval of an AUP, along with permit approval criteria, are identified in Tables 5-1 and 5-3 (see Vol. II, §§ 1-5-1 and 1-5-3).

   (D)   Conditional use permits. Conditional uses are those uses that are generally compatible with the land uses permitted by right in a zoning district, but which require individual Planning and Zoning Commission review and Conditional Use Permit ("CUP") approval of their location, design, operation and configuration along with the imposition of conditions in order to ensure the appropriateness of the use at a particular location. Uses requiring a CUP are identified in Tables 5-1 and 5-3 (see Vol. II, §§ 1-5-1 and 1-5-3). The CUP application and process requirements are as follows:

      (1)   CUP application. An application for a CUP shall be filed with the Development Services Department in accordance with the "City of Apache Junction Conditional Use Permit Application Checklist" available at the Development Services Department.

      (2)   CUP public hearing and notice. The Commission shall hold a public hearing on any proposed CUP or CUP amendment, and provide the following notice. The failure of any person or entity to receive notice shall not constitute grounds for any court to invalidate the actions of the Commission or Council.

         (a)   Newspaper publication. Notice of the time, date and place of the hearing, including a general description of the matter to be considered and a general description of the area affected, shall be published in a newspaper of general circulation that is published or circulated in the community. The publication notice shall be at least 15 calendar days before the hearing, and shall be published as required by A.R.S. § 9-462.04, as amended.

         (b)   Property posting. The notice of public hearing shall be posted by the applicant in accordance with the instructions provided in the application form.

         (c)   Mailing notice. The city shall notice by first class mail each real property owner, as shown on the last assessment of the property, within 300 feet of the property subject to the CUP proposal.

      (3)   Findings. A CUP may be granted 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;

         (b)   Negative impacts arising from the emission of odor, dust, gas, noise, lighting, vibration, smoke, heat or glare;

         (c)   Contribution to the deterioration of the neighborhood or the negative impact on neighborhood property values;

         (d)   Compatibility with surrounding uses and structures;

         (e)   Conformance with the General Plan and city policies;

         (f)   Screening and buffering of uses; and

         (g)   Unique nature of the property, use and/or development's physical characteristics.

      (4)   CUP modification of dimensional zoning standards. When a proposed development exhibits unique characteristics related to land, topography, architectural style, scale, historical interest or other distinguishing feature that necessitates a measure of regulatory relief, CUP modification of certain dimensional zoning standards may be approved by the Commission in accordance with the findings described above in Vol. II, § 1-16-12(D)(3). The following dimensional zoning standards may be subject to this type of modification:

         (a)   Accessory dwelling units. Accessory dwelling unit size and height standards required in Vol. II, § 1-6-19 of this Chapter may be modified.

         (b)   Accessory structures. Accessory structure size, height, design and setback standards required in Vol. II, § 1-6-5 may be modified.

         (c)   Landscaping. Landscaping size, type, amount and location standards required in Vol. II, Article 1-8 may be modified.

         (d)   Signs. Sign size, type, amount and location standards required in Vol. II, Article 1-11 may be modified.

      (5)   Expiration. CUPs granted by the Commission shall be void if the use is not commenced within 12 months of the approval date or within the time stipulated by the Commission.

      (6)   Revocation. An approved CUP may be revoked by the Commission following public hearing and a finding that there has been material noncompliance with any condition prescribed in the permit and/or the use generates a demonstrated public safety, health or welfare concern.

      (7)   Appeal and City Council review. The approval or denial of a CUP by the Commission shall be final unless, within 20 calendar days from the date of the Commission's decision, the applicant or any persons aggrieved by the decision appeals the decision to the Council. The appeal shall be in writing, filed with the Development Services Department, and shall indicate how the Commission was in error. The appeal shall be accompanied by a fee equal to 50% of the original filing fee. The appeal shall require a Council public hearing and notification provided in the same manner as required for the Planning and Zoning Commission hearing. The Council, at its public hearing, shall uphold, modify or overrule the decision of the Commission. The decision of the Council shall be final.

(Ord. 1402, passed 5-6-2014)

   (A)   Intent and purpose. A development agreement is a contract between a local jurisdiction and a person who has ownership or control of property within the jurisdiction. The purpose of the agreement is to specify the standards and conditions that will govern development of the property. The development agreement provides assurance to the developer that he/she may proceed to develop the project subject to the rules and regulations in effect at the time of approval and that the development will not be subject to subsequent changes in regulations. Development agreements must also benefit the local jurisdiction with sufficient legal consideration. The city may include conditions (mitigation measures) that must be met to assure that a project at a specific location does not have unacceptable impacts on neighboring properties or community infrastructure. The agreement may clarify how the project will be phased, the required timing of public improvements, the developer's contribution toward funding system-wide community improvements, economic incentives and other conditions. The agreement can also facilitate enforcement of requirements, since it is a contract that details the obligations of the developer and city.

   (B)   Applicability. The use of development agreements will be based on a case by case determination by city staff.

   (C)   Administrative responsibility. The city department responsible for administering development agreements will be assigned on a case by case basis. If the development agreement is focused on economic development incentives, the Economic Development Division will be responsible for administering the agreement. If, however, the development agreement is focused on land use, infrastructure and zoning requirements, the Development Services Department's Planning Division will be responsible for administering the agreement.

   (D)   Legal review. In all cases, the City Attorney shall be responsible for legal review and modification of the development agreement prior to City Council consideration.

   (E)   City Council approval required. The City Council has the final authority in approving or denying development agreements. Development agreements shall be presented to the Council for consideration at a public hearing.

(Ord. 1402, passed 5-6-2014)

   (A)   Intent. The purpose of creating administrative relief from development standards is to authorize minor administrative deviations from the requirements of the Zoning Ordinance. The intent is to provide the Director or his or her designee the authority to grant administrative relief from certain development standards where such deviations will expedite minor entitlements, maintain or improve the quality of development, and provide reasonable flexibility with the application of development regulations and standards.

   (B)   Decision-making authority (10% rule). The Director is authorized to grant administrative relief, with or without conditions, from certain dimensional requirements of the Zoning Ordinance, not to exceed 10% of the applicable requirements/standards, subject to all of the following findings:

      (1)   The administrative relief is consistent and in conformity with the General Plan.

      (2)   The administrative relief is substantially consistent with the Zoning Ordinance.

      (3)   The administrative relief applies only to setbacks, building height, site coverage, sign height, sign size, open space and/or number of parking stalls.

      (4)   The administrative relief will not create conditions materially detrimental to the public health, safety and general welfare or will not be injurious to or incompatible with other properties or land uses in the vicinity.

      (5)   The administrative relief is necessary due to the physical attributes and conditions of the property and the proposed use or structure including but not limited to topography, noise exposure, irregular property boundaries or other unusual circumstances.

      (6)   There are no alternatives to the requested modification that could provide similar benefits with less potential detriment.

      (7)   The request is not part of multiple applications from an individual homebuilder for a specific subdivision or planned community.

      (8)   Granting the relief does not impose an undue financial or administrative burden on the city.

      (9)   The applicant's demonstrated need substantially outweighs any detriment to the public's needs and interests.

   (C)   Application requirements. An application for administrative relief shall be filed with the Development Services Director or his or her designee and shall include all of the following:

      (1)   Legal description of the property and proposed development, scaled plot plan, conceptual floor plans and preliminary building elevations of proposed buildings.

      (2)   A property survey prepared by a licensed professional If deemed necessary by the Zoning Administrator to accurately determine property dimensions, size and setbacks.

      (3)   Written justification for proposed relief.

      (4)   Official application form with ownership verification.

      (5)   Filing fees as established by the Apache Junction City Code, Vol. I, Chapter 4, Fees.

      (6)   Proposition 207 waiver.

   (D)   Violations of conditions. A violation of any condition stipulated by the Director shall be a violation and shall render the granted administrative relief null and void. An approval shall also be null and void if the use has not commenced or if a building permit has not been obtained within 60 calendar days after relief has been authorized by the Director, or within any greater or lesser time stipulated by the Director, not to exceed one 12-month period.

   (E)   Right to appeal. Any applicant aggrieved by the decision of the Director may appeal the decision to the Board of Adjustment and Appeals, in accordance with Vol. II, § 1-16-5, within 30 calendar days after receipt of the Director's decision. Any such appeal shall be subject to a separate application and fee pursuant to Apache Junction City Code, Vol. I, Chapter 4 , Fees.

(Ord. 1402, passed 5-6-2014)

   Fee schedule. Fees associated with development review, approval and permitting are provided in Apache Junction City Code, Vol. I, Chapter 4 . Development fees are provided in Apache Junction City Code, Vol. II, Chapter 7.

(Ord. 1402, passed 5-6-2014)

   (A)   Violations. Any building, structure or improvement erected, built, moved or maintained, or any use of property contrary to the provisions of the Zoning Code is hereby declared to be unlawful and a public nuisance.

   (B)   Remedies and enforcement powers. Failure to comply with any provision of this Chapter is hereby declared unlawful. The following remedies and enforcement powers may be used to administer and enforce this Chapter.

      (1)   Withhold permits. The city may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this Chapter or of a condition or qualification of a permit, certificate, approval, or other authorization previously granted by the city. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question.

      (2)   Permits approved with conditions. Instead of withholding or denying a permit or authorization the city may grant such authorization subject to the condition that the violation be corrected.

      (3)   Revoke permits. Any AUP issued under this Chapter may be revoked when the Zoning Administrator determines any one of the following:

         (a)   That there is departure from the plans, specifications, or conditions as required under terms of the permit.

         (b)   That the development permit was procured by false representation or was issued by mistake.

         (c)   That any of the provisions of this Chapter are being violated. Written notice of such revocation shall be served upon the owner, the owner's agent or contractor, or upon any person employed on the building or structure for which such permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed.

      (4)   Revoke plan or other approval. Where a violation of this Chapter involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the City Council may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected) and after a public hearing, revoke the plan or other approval or condition its continuance on strict compliance with this Chapter, the provision of security to ensure that construction is completed in compliance with approved plans, or such other conditions as the City Council may reasonably impose.

      (5)   Injunction and abatement. The city may initiate injunction or abatement proceedings or other appropriate action in a court of competent jurisdiction against any person who fails to comply with any provision of this Chapter, or any requirement or condition imposed pursuant to this Code, to prevent, enjoin, abate, or terminate violations pursuant to A.R.S. § 9-462.05.B. The city may seek a court order in the nature of mandamus, abatement, injunction, special declaratory judgment or other action for proceeding to abate or remove a violation or to otherwise restore the premises in question to the condition in which they existed prior to the violation.

      (6)   Criminal filings. It is unlawful to erect, construct, reconstruct, maintain or use any land in any zoning district in violation of any regulation or any provisions of this Chapter. Any person, firm or corporation violating this Chapter or any part thereof, is guilty of a class one misdemeanor. Each and every day during which the illegal erection, construction, reconstruction, alteration, maintenance or use continues is a separate offense. The City Attorney shall have the sole authority to use his or her discretion in determining whether a criminal action should be filed. The penalty for a class one misdemeanor conviction can be up to 6-months jail time, up to $2,500 fines or restitution, 3 years probation and other terms the court finds just.

      (7)   Other powers. In addition to the enforcement powers specified in this Article, the city may exercise any and all enforcement powers granted by Arizona law. If deemed necessary by the city for public health and safety reasons, the city may immediately commence all necessary actions or proceedings for the abatement, enjoinment and removal thereof in the manner provided by law, and may apply to such court or courts as may have jurisdiction to grant such relief as will abate, enjoin and remove the building or use and restrain and enjoin any person, firm or corporation from setting up, erecting, building, moving or maintaining any such building or using any property contrary to the provisions of this Chapter.

   (C)   Civil enforcement procedures for emergency matters. In the case of violations of this Chapter that constitute an emergency situation as a result of safety or public concerns or violations that will create increased problems or costs if not remedied immediately, the city may use the enforcement powers available under this Article without prior notice.

   (D)   Enforcement procedures for non-emergency matters. If after an inspection and informal attempts have failed to gain compliance with this Chapter in a non-emergency situation, the city shall serve the owner, owner's statutory or authorized agent, occupant, lessee or person in control of the property with a notice of violation. This notice shall contain the following:

      (1)   Legal identification of property.

      (2)   Statement of violations in sufficient detail to allow an owner or responsible party to identify and correct the problem.

      (3)   The expected compliance deadline of at least 21 calendar days from the date of the notice.

      (4)   A re-inspection date.

      (5)   Address and telephone number of a city representative to contact.

      (6)   A warning that failure to comply may result in the filing of a civil or criminal misdemeanor case, depending on whether this violation is the 1st, 2nd, 3rd or 4th violation over a 24-month consecutive period.

      (7)   A warning that failure to comply may also result in an administrative or court abatement action by the city, which the owner or responsible person will be financially liable through a lien process that may include foreclosure of the property.

      (8)   Appeal rights (Board of Adjustment and Appeals, the protocol thereunder and required fees).

   (E)   Effective date. Any notice issued under this Chapter shall be deemed effective on the date when written notice is hand-delivered or sent via first class U.S. certified mail, return receipt requested, to the individuals referenced above. Any recorded notice shall run with the land and shall constitute legal notice for all purposes of this chapter to all parties and entities thereafter acquiring an interest in the property. Officers may use their discretion in granting extensions for compliance with the code, depending on the violators' efforts to date.

   (F)   Civil citations and complaints. If the owner or other responsible party fails to comply with the notice of violation, and fails to appeal the notice, or loses the appeal hearing and fails to pursue other available appellate courses of action, a civil action to enforce the provision of this chapter may be commenced and a summons shall be issued in accordance with the procedures set forth in the Arizona Revised Statutes and applicable city ordinances. Jurisdiction of proceedings in this Chapter shall be in the Municipal Court of the City of Apache Junction. The City Manager and/or his or her designee shall be responsible for filing civil citations with the Apache Junction Municipal Court subject to the following:

         (a)   First offense during 24 consecutive month period: civil penalty of $350;

         (b)   Second offense during 24 consecutive month period: civil penalty of $600;

         (c)   Third offense and subsequent offenses within 24 months of first offense: criminal fine not to exceed $2,500, and other criminal penalties as a result of a class 1 misdemeanor conviction.

      (2)   Timing and fines. The 24-month period shall be calculated from the dates the violations are first committed. The owner or responsible party shall receive the progressively higher civil penalty upon a finding of responsibility for any violation of this chapter which was committed within 24 months of the commission of another violation for which the owner or responsible party was found responsible. In no event shall the Court reduce the minimum dollar penalties referenced above. The dollar amounts noted above are the fines, exclusive of any other Court imposed penalties.

      (3)   Separate offences. Every day any violation of any provision of this Chapter continues shall constitute a separate violation or offense. The owner of record, as reflected in the Pinal or Maricopa County Recorder's Office, may be presumed to be a person having lawful control over the building, structure or parcel of land which is the subject of the violation. If more than 1 person is recorded as the owner of the property, the persons may be jointly and severally presumed to be the persons having lawful control over the building, structure or parcel of land.

      (4)   Civil hearing procedure. A person lawfully served with a civil citation or complaint shall appear at the time and place stated in the citation or summons, or may appear prior to the time and admit or deny the allegations of the complaint. Allegations not denied at the time of appearance are deemed admitted. If the allegations are admitted, the Court shall enter judgment for the city and impose the minimum dollar sanction as noted above, exclusive of any additional court fees and costs that the Court may or is obligated to impose. If the defendant denies the allegations, the Court shall set the matter for hearing. Civil hearings are to be held informally and held without a jury, and the city is required to prove the allegations by a preponderance of the evidence. Technical rules of evidence do not apply, except for statutory provisions relating to privileged communications. If the defendant elects to be represented by counsel, the defendant shall so notify the Court at least 10 court days prior to the hearing date. Hearings shall be recorded by technological devices, including tape recording or by stenographer. If the Court finds in favor of the defendant, the Court shall enter an order dismissing the citation or complaint. If the Court finds in favor of the city, the Court shall enter judgment for the city and impose the minimum dollar sanction noted above, plus any additional court fees and costs that the Court is obligated to add.

      (5)   Appeal of civil court hearing. Any party may appeal the judgment of the Municipal Court to the Superior Court under A.R.S. § 12-124. Appeals from civil proceedings shall be in accordance with the Superior Court Rules of Appellate Procedure - Civil.

   (G)   Validity of permit. The issuance or granting of a building or use permit or approval of plans or specifications under the authority of this Chapter shall not be deemed or construed to be a permit for or an approval of any violation of any of the provisions of this Chapter or the amendments thereto or of any other ordinance or law. No permit presuming to give authority to violate or cancel any of the provisions of this Chapter or any existing law shall be issued, and if issued shall not be valid; except insofar as the work or use which it authorizes is lawful and permitted.

   (H)   Enforcement by city officials. It shall be the duty of the officers of the city charged with the enforcement of the law to enforce the provisions of the Zoning Code.

   (I)   Remedies. All remedies provided for herein shall be cumulative and not exclusive. The conviction and punishment of any person hereunder shall not relieve that person from the responsibility to correct prohibited conditions or to remove prohibited buildings, structures or improvements, nor to prevent the enforcement, correction or removal thereof. In addition to other remedies provided in this Chapter, any adjacent or neighboring property owner who shall be especially damaged by the violation of any provision of this Chapter, may institute in addition to other remedies provided by law, injunction, mandamus, abatement or other appropriate action, proceeding or proceedings to prevent, abate or remove the unlawful erection, construction, reconstruction, alteration, maintenance or use.

(Ord. 1402, passed 5-6-2014; Ord. 1555, passed 11-5-2024)

   (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 with 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.

      (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.

(Ord. 1557, passed 11-19-2024)