Supplemental regulations shall be used in conjunction with the zoning district standards identified in Vol. II, Article 1-5. When a conflict exists between zoning district standards, supplemental regulations, or an approved PD (Planned Development) ordinance, or the MPC (Master Planned Community) ordinance, the more restrictive regulations shall apply.

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

   (A)   Averaging. Where a lot adjoins another lot(s) having existing front setbacks less than the minimum required by the zoning district, the minimum front setback for the lot shall be the average of the existing front setback on the two adjoining lots, or if only one of the lots is built upon, the front setback of the adjoining lot and the minimum front setback of the zone, provided no such front setback shall be less than 10 feet.

   (B)   Undersized lots of record. Side setbacks for lots with legal non-conforming widths that existed prior to the effective date of this Chapter may be proportionately reduced in accordance with the average between the required and the existing lot width. For example, if the required lot width is 100 feet and the existing lot width is 80 feet, a required 10 foot side setback may be adjusted to 8 feet (i.e., (80'/100') x 10 foot setback).

   (C)   Permitted encroachments. The following items may encroach into the main structure setback areas subject to compliance with the Building Code:

      (1)   Decks and patio slabs less than 30 inches high may encroach within the side or rear setback area, but shall maintain a minimum 3 foot setback from the property line or RV/manufactured home unit space line.

      (2)   Bay windows, chimneys, non-enclosed steps/stairs, heating/cooling units, eaves, and gutters may encroach up to 2 feet into setback areas, subject to compliance with the Building Code. No such encroachment is allowed in the MHP (Manufactured Home Park) and RVP (Recreational Vehicle Park) zoning districts.

   (D)   Exemptions. The following items are exempt from zoning setback requirements but may be subject to Building Code or Health Code requirements:

      (1)   Septic systems, wells and underground utilities.

      (2)   Yard and service lighting fixtures or poles.

      (3)   Landscaping.

      (4)   Flagpoles.

      (5)   Mailboxes.

      (6)   Clotheslines if located to the side or rear of the house.

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

   Zoning district height limits shall not apply to chimneys, flag poles, observation towers, non-commercial radio or television antennas, silos, smokestacks, transmission towers, windmills and power transmission poles, water tanks, fire/hose towers, steeples, spires, bell towers, parapet walls up to 4 feet above the maximum permitted building height and industrial structures where the manufacturing process requires a greater height.

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

      (1)   Every fence and/or wall shall be constructed in a substantial, workman-like manner and of substantial material reasonably suited for the purpose for which the fence is proposed to be used. All fences, walls, hedges or shrubbery shall be maintained in a good, structurally sound, and in a neat, clean and attractive condition at all times.

      (2)   Every fence and/or wall shall be maintained in a condition of reasonable repair and shall not be allowed to become and remain in a condition of disrepair, damage, or unsightliness, or constitute a nuisance, public or private. This includes, but is not limited to, fences or walls that are leaning, missing slats or blocks, rotting, contain mismatched materials, or are damaged. Any such fence and/or wall which is, or has become, dangerous to public safety, health or welfare, or has become unsightly through improper maintenance or neglect is a public nuisance and the zoning administrator shall commence proper proceedings for the abatement thereof.

      (3)   No fence, wall, hedge or shrubbery shall be erected or cause to be erected that will interrupt, impede or otherwise alter the natural flow of water. Retaining walls require a permit and shall be reviewed by Development Services Engineering Staff.

         (a)   Fences and/or walls constructed on properties with existing fencing on at least one side shall construct a fence and/or wall of complementary materials based on the proposed use of the property.

         (b)   Fences and/or walls constructed on corner lots shall construct a fence and/or wall of similar and consistent materials on all street fronting sides of the property.

         (a)   Fences and/or walls on both residential and non-residential properties cannot be placed within, or in a manner that restricts access to, dedicated right-of-way ("ROW"), active federally patented easements ("FPE"), or any other private or public utility easement or alleyway.

         (b)   Any fence and/or wall placed within, or that restricts access to, ROW, an existing FPE, extinguished FPE, or any other private or public utility easement is being placed at risk by the property owner(s) and could be subject to removal.

      (8)   Buildings used as part of a fence and/or wall shall be allowed in all zoning districts, as long as the building meets all setback requirements for the applicable zoning district. Fences and walls that are constructed in conjunction with the structure shall be designed in a way that complements the main structure.

      (9)   Any fence and/or wall above 6 feet in height shall require a permit and be designed by an Arizona registered structural engineer.

         (a)   Property owners shall be permitted to install a temporary, chain-link fence around a vacant/undeveloped property regardless of zoning designation. Vinyl slats, tarps, mesh screens, or any other type of secondary material installed with the intent to screen the property are prohibited.

         (b)   Property owners of non-residential properties shall be permitted to install a permanent fence and/or wall around a vacant/undeveloped property after review and approval from the Development Services Director or designee.

      (12)   Any request to deviate from the provisions in this Chapter must receive approval from the Development Services Director or designee. Alternative fence material may be approved by the Development Services Director or designee upon a finding that the proposed material complies with the intent of the provisions of this code and that the fence material is at least the equivalent of that prescribed in this section in quality, strength, effectiveness, fire resistance, durability and safety.

      (2)   Dangerous fences. It is unlawful for any person to erect or maintain within the city any fence which, by determination of the Director or designee, is, or may be, dangerous to persons, children or animals due to design, construction, materials, maintenance or placement.

         (a)   Electrically charged fences shall be permitted only in the RS-GR, RS-54 and RS-54M zoning districts and shall be erected and maintained only for the keeping of livestock.

         (b)   Electrically charged fences can be attached to existing fencing but shall be located on the inside of the existing fence away from neighboring properties, public rights-of-way, or public easements and shall not exceed the height of the primary fence.

         (c)   Fences shall not be erected or maintained within 10 feet of any public place or public right-of-way, public easements, or reservation for roadway purposes, or they must be clearly marked with safety/warning signage every 16 feet along public rights-of-way.

         (d)   Electrically charged fences shall be constructed of commercially manufactured materials specifically designed for the keeping of livestock.

         (a)   Fences with strands of barbed and razor wire shall not be permitted, except as permitted below for the keeping of large livestock in residential districts.

         (a)   Fences/walls must be constructed of materials normally manufactured for, used as, and recognized as, exterior fencing or wall materials such as: wrought iron or other decorative metals; framed and painted/treated galvanized sheet or corrugated metal fence panels (excluding cargo container walls) that are painted and/or treated (i.e., patina) in a way to eliminate the naturally occurring reflective surface; ornamental aluminum and PVC; fired masonry; concrete; stone; chain link; wood planks; split rail; vinyl slats; or composite plastic manufactured specifically as wall or fencing materials. Fence materials must be manufactured for exterior use and shall be weather- and decay-resistant.

         (b)   Mesh screening shall only be allowed as a secondary material type for the screening of sport courts (e.g., volleyball, basketball, pickleball, tennis court, etc.).

         (c)   Chicken wire, wire fabric, no climb fencing, and similar welded or woven wire fabrics intended for the keeping of animals shall be allowed only as a secondary material type and cannot exceed the height of the primary fencing material.

            1.   Corral/Pen fences may be constructed of wood, masonry, wrought iron, pipe-rail, chain-link, "no climb" type fences, barbed wire, smooth wire, and similar materials. Mesh stall panel screens shall be allowed as a secondary material type.

            2.   Corral/pen fences shall not exceed 6 feet in height if installed as a perimeter fence.

            3.   Corral/pen fences used for training purposes like round-pens can be up to 8 feet and must be located on the interior of a property.

            4.   Corral/pen fences are allowed within the front setback area but must be kept out of any existing easements or right-of-way.

         (c)   Ocotillo/wooden stick fences are only allowed in the RS-GR, RS-54 and RS-54M zoning districts.

      (1)   Decorative walls. Wall designs shall require the use of a minimum of 3 materials including, but not limited to, decorative wrought iron view fencing, stone, stucco, brick, block, or textured block including treated, split-face, single-score or patterned integrally colored block of similar enhancement and may include changes in color or texture.

      (2)   All walls along an arterial, collector or local streets shall provide decorative columns, offsets or undulations with a minimum of 2 feet change to create additional variety. The columns/offsets/undulations shall be provided every 150 feet.

         (a)   Temporary chain-link security fencing, which typically consist of standalone panels supported by weighted bases, are allowed to remain on a property for a period of no more than 6 months after installation unless accompanied by an active building permit.

         (b)   A permanent chain link fence, sometimes referred to as a post-driven chain link fence, shall be installed after 6 months of installation of the temporary chain link fencing, but must be removed upon completion of construction.

         (c)   A secondary screening type, such as a mesh privacy fence, shall not be allowed unless permitted by the Development Services Director or designee.

         (a)   Restaurant and bar patio enclosures shall be allowed.

         (d)   Side and rear yard screen walls exceeding 8 feet in height shall be subject to the main structure's minimum setback requirement.

         (c)   If parking is located between the building and the front road right-of-way, a decorative wall or fence between 3 and 4 feet in height shall be installed at the interior edge of the planting strip to serve as a visual transition between the roadside planting strip and the parking area.

      (9)   Alternative wall designs and material types that meet the intent of this section may be considered by the Development Services Director or designee.

(Ord. 1545, passed 4-2-2024)

   (A)   Reduction in lot size. No lot or parcel of land shall be reduced in size below the minimum lot area or lot width required by the zoning district in which it is located or be in conflict with an approved PD ordinance; and no building permit shall be issued for such deficient parcel unless said parcel was legally established prior to the effective date of this Chapter.

   (B)   Reduction in lot size for public purpose. Lots reduced in area by purchase, dedication or gift to a governing authority for the purposes of providing public rights-of-way, or for conveying a portion of a lot to a public governing authority for a publicly beneficial use, shall be allowed to be less than the required minimum lot size subject to City Council approval.

   (C)   Increased density. No lot shall be divided in such a way that any division of such lot shall contain more dwelling units than are permitted by the zoning district in which such lot is situated.

   (D)   Minor land splits. The division of land into 2 or 3 parcels shall require approval of a land split in compliance with Apache Junction City Code, Vol. II, Chapter 2, Subdivision Regulations.

   (E)   Subdivisions. The division of land into 4 or more parcels shall require approval of a subdivision in compliance with Apache Junction City Code, Vol. II, Chapter 2, Subdivision Regulations.

   (F)   Buildings straddling lot lines. Where 2 or more lots are used as a building site and where legal non-conforming buildings cross lot lines, the entire area shall be considered 1 lot and may require a lot combination process through Pinal County.

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

      (4)   Anchoring. All accessory structures and shade structures shall be anchored in accordance with Apache Junction City Code, Vol. I, Chapter 7: Buildings.

         (a)   All accessory structures, including shade structures, shall be located a minimum of 6 feet from all existing main structures and proposed accessory structures, regardless of size, unless the Building Official determines that the construction method used would allow for closer spacing.

         (b)   All structures shall be located a minimum of 10 feet from a septic tank.

         (c)   Accessory structures shall be located 15 feet from any non-FEMA wash.

      (1)     Color. Accessory structures in all zoning districts, including overseas shipping containers, shall be uniformly painted or sided with an earth tone color or compliment the color/style of the main structure. The roof shall not have a shiny finish and shall also be painted or finished with an earth tone or white color. It shall be free from surface rust and any advertising signage, including, but not limited to, corporate names or trademarks on overseas shipping containers. EARTH TONE shall be defined as a color scheme that draws from a color palette of browns, tans and greens natural to the Sonoran Desert environment. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss, trees or rocks.

         (a)   Other than a home occupation approved under Apache Junction City Code, Vol. II, Land Development Code. Chapter 1: Zoning Ordinance, Article 1-6: Home Occupation, § 1-6-6, no commercial business activity shall take place within or adjacent to an accessory structure.

         (b)   Prohibited commercial business activities include, but are not limited to, vehicle or RV

repair, trucking, salvage or scrapping, renting of space for RV and boat storage, or commercial storage of any kind.

         (a)   RS-GR: no limit.

         (b)   RS-54 and RS-54M: 2,000 square feet, but may be increased to 5,000 square feet, provided that any structure greater than 2,000 square feet meets the main building setbacks.

         (a)   The accessory structure is locked and made safe, with all openings being boarded up prior to the establishment of the main use;

         (b)   The accessory structure is not used for storage or any other purpose prior to the securing of a permit for the establishment of the main use;

         (c)   The accessory structure is in compliance with city building and zoning codes, including setback and design requirements;

         (d)   The accessory structure is not being used for dwelling purposes, including sleeping, living, or cooking activities.

certificate of occupancy. The accessory structure(s) shall not be connected to utilities.

         (a)   If a permanent container is visible to adjacent properties from side or rear yards, a public right-of-way or easement, a minimum-8-foot-high, structural screen wall, compatible with the design and architecture of the principal building, is required and shall be designed and constructed in accordance with Vol. I, Chapter 7: Buildings, of the Apache Junction City Code.

         (b)   This requirement shall not apply to accessory structures that are of masonry construction. In lieu of an 8-foot-high, structural screen wall, the owner may install and maintain landscaping that will, within 5 years of planting, effectively screen 100% of the accessory structure from public view.

(Ord. 1402, passed 5-6-2014; Ord. 1509, passed 8-17-2021; Ord. 1553, passed 10-1-2024)

   Home based occupations shall be subordinate and incidental to the primary residential use and shall be subject to the following standards:

   (A)   Required license and permit. A business license and administrative use permit ("AUP") shall be issued by the city prior to operation of the home occupation.

   (B)   Employee. No more than one non-resident employee shall be working on-site at any given time.

   (C)   Outdoor storage or display. There shall be no external storage or display of inventory and/or products associated with the home occupation.

   (D)   Customer/client traffic. There shall be no more than 10 customer/client vehicles per day to the residence. Customer and client traffic shall only be between the hours of 9:00 a.m. and 8:00 p.m.

   (E)   Client and customer parking. Any short-term employee or client/customer parking shall occur in the driveway of the home occupation property or on the street immediately in front of the residence if permitted by the city. There shall be no more than 4 client or customer vehicles parked in the driveway or parked on the adjacent street at any one time.

   (F)   Motor vehicles. No vehicle associated with the home occupation that exceeds a gross vehicle weight of 24,000 pounds (e.g. dump truck or semi-cab size) shall be parked on the property. All vehicles parked overnight on the property must be licensed and registered to the property owner. The property shall not be used for parking or staging of business related vehicles not owned by or licensed to the property owner.

   (G)   Indoor operation. The home occupation shall be conducted indoors and shall not produce a noise, odor, vibration, glare, or light that is noticeable beyond the property line for single-family zoning districts, beyond the adjoining walls for multi-family zoning districts, or beyond the unit spaces of manufactured home and trailer parks, as determined by the Director or designee.

   (H)   Hazardous activities and materials. If, in the opinion of the Building Official, Police Chief and/or Fire Chief, any home occupation is deemed to be or becomes dangerous or unsafe, or presents a safety hazard to the public, or presents a safety hazard to adjacent or nearby properties, residents or businesses, the city may deny or revoke the AUP for the home occupation and take necessary action to terminate the dangerous or unsafe condition.

   (I)   Maximum floor area. The home occupation shall not occupy more than 25% of the residence's gross floor area and 200 square feet of an enclosed workshop/garage.

   (J)   Deliveries and pickups. Deliveries and pick-ups shall be those normally associated with residential services (e.g., UPS, FedEx or Post Office) and shall only occur between the hours of 7:00 a.m. to 10:00 p.m., daily.

   (K)   Owner operator. The person operating the home occupation shall be a resident of the property.

   (L)   Signs. One nameplate sign or cornerstone up to 4 square feet in size may be attached to the residential building.

   (M)   Enforcement. Failure to comply with these home occupation standards may result in the city revoking the AUP for the home occupation.

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

   (A)   Intent. The following regulations shall be applicable to the keeping of horses and all other members of the equine family including donkeys and mules. See Apache Junction City Code, Vol. I, Chapter 6, for non-zoning regulations pertaining to the keeping of animals.

   (B)   Non-business equine regulations. The following regulations shall be applicable to the keeping of horses for personal use in the city:

      (1)   Allowed zoning districts. All single-family (i.e., RS) residential zoning districts.

      (2)   Minimum lot area. 1.25 gross acres.

      (3)   Maximum number of equine. No limit as long as the equine are owned by the residents or owners of the property.

      (4)   Horse training. Horse training, but not boarding, as an incidental business use shall be allowed.

      (5)   Accessory buildings and structures. Barns and stables that house equine shall maintain a minimum 50 foot side, rear and front setback. Horse shades shall maintain the minimum accessory building setbacks as indicated in Vol. II, § 1-5-2, Table 5-2.

   (C)   Horse rental stables. Commercial horse rental stables include any enterprise providing horses and equipment rented on a temporary basis, and wherein the rented horses are permitted to be ridden away from the property either by individual renters, with a group or with a guide. The following regulations shall be applicable to commercial horse rental stables in the city.

      (1)   Allowed zoning districts. Horse rental stables shall only be allowed in the RS-GR, RS-54 and RS-54M zoning districts.

      (2)   Minimum lot area. 10 gross acres.

      (3)   Maximum number of horses. No limit.

      (4)   Accessory buildings and structures. Barns and stables that house equine shall maintain a minimum 50 foot side, rear and front setback. Horse shades and mare motels shall maintain the minimum accessory building setbacks as indicated in Vol. II, §Table 5-2.

      (5)   Permit required. A CUP shall be required prior to constructing and operating a commercial rental stable.

   (D)   Commercial horse boarding regulations. The following regulations shall be applicable to commercial house boarding within the city.

      (1)   Allowed zoning districts. Commercial horse boarding shall only be allowed in the RS-GR, RS-54 and RS-54M zoning districts.

      (2)   Minimum lot area. 2.5 gross acres.

      (3)   Maximum number of horses. None.

      (4)   Permit required. A CUP and business license shall be required prior to any new commercial horse boarding business being established in the city subsequent to February 3, 2011.

      (5)   Accessory buildings and structures. Barns and stables that house equine shall maintain a minimum 50 foot side, rear and front setback. Horse shades shall maintain the minimum accessory building setbacks in Vol. II, § 1-5-2, Table 5-2.

      (6)   Horse trailer parking.

         (a)   Licensed horse trailers owned by horse boarders may be parked on a commercial horse boarding property subject to the number of horse trailers not exceeding the total number of horses being boarded on-site. The parking and/or storage of a horse trailer at a specific boarding facility shall not be permitted unless the owner of the trailer has a horse boarded at the facility at the same time. Horse trailers shall be set back a minimum of 4 feet from adjacent properties and 25 feet from public road rights-of-way. Trailers shall be parked in a manner that does not interfere with safe traffic circulation and visibility as determined by the Director or designee.

         (b)   Prior to parking horse trailers on a commercial horse boarding property, the property owner/operator shall submit to the Development Services Department a properly scaled and dimensioned site plan that illustrates all existing buildings, setbacks and the location and layout of the parking area for horse trailers. The Development Services Director, or designee, shall review the plan and either approve, modify and approve, or disapprove the parking site plan based on an evaluation of safe traffic circulation and compliance with the standards identified above. Failure by the owner and/or operator of a boarding facility to operate and comply with this section shall be grounds for possible revocation of the business license of the facility.

      (7)   Property caretaker/ranch hand accommodations. One seasonal or full-time commercial horse boarding ranch hand, along with his or her family, shall be allowed to reside on-site. The primary purpose and responsibility of the ranch hand is to assist in the management and care of the commercial horse boarding facility. The ranch hand shall be allowed to live in the main residential building or within a travel trailer, motor home or 5th wheel RV unit on-site. The RV may be permanently connected to waste, water, gas, and/or electrical service, or may operate as a self-contained unit. Construction of a conventionally built home to accommodate the ranch may also be allowed in accordance with the accessory dwelling unit standards in Vol. II, § 1-6-19 of this Chapter.

      (8)   Restroom facilities. An operator of a commercial horse boarding facility with an on-site residence may allow the restroom facilities of the residence to be used by patrons of the facility. Alternatively, the owner/operator may provide a portable chemical toilet ("porta-potty") subject to Development Services Department review and approval of a site plan that illustrates the location and screening of the toilet.

      (9)   Health and sanitation. The operator of a horse boarding facility shall comply with all regulations for health and safety, sanitation, odor vector control and other related issues.

      (10)   Related events. Social events and parties shall be subject to the same noise, parking, traffic and health and safety regulations applied to other residential properties within the city.

      (11)   Hours of operation. Horse boarding businesses shall be allowed to operate 24 hours/day, 7 days/week.

      (12)   Additional commercial services allowed. Riding lessons and horse training services shall be allowed on licensed and approved commercial horse boarding properties. Commercial horse boarding facilities may also accommodate veterinarian, farrier, horse care specialists, and equine services visits to serve horses kept both on-site and off-site.

      (13)   Sign requirements. Commercial horse boarding facilities shall be allowed one detached, double-sided, 32-square-foot sign to include the name of the facility and the property address. The sign may be externally lit, shall comply with Dark Sky regulations, shall not be animated and shall be setback a minimum of 10 feet from the road right-of-way and side lot lines.

      (14)   Runoff and waste management. Commercial horse boarding facilities shall control the runoff of equine waste material from encroaching onto adjacent properties or rights-of-way.

   (E)   Camping for horse boarders. The following regulations shall be applicable to camping on licensed and approved commercial house boarding properties within the city.

      (1)   Allowed zoning districts. Horse boarder camping shall be allowed in the RS-GR, RS-54 and RS-54M zoning districts where a licensed commercial horse boarding facility exists.

      (2)   Minimum lot area. Five gross acres.

      (3)   Permit required. A CUP and business license shall be required prior to any camping activity being established and maintained in the city. If the RV camping use fails to operate in accordance with the approved conditions of the CUP and/or creates a public nuisance within the neighborhood, the Planning and Zoning Commission may schedule a public hearing to discuss revocation of the CUP.

      (4)   Fees. In addition to the required administrative permitting fees, the property owner shall be required to pay a one-time development impact fee for each campsite in accordance with the city's Development Fee Ordinance and fee schedule.

      (5)   Maximum number of campsites allowed. A maximum of one campsite per acre shall be allowed, with the total number of campsites not exceeding the total number of boarded horses.

      (6)   Time period restrictions. A maximum stay of 6 cumulative months per calendar year per RV camper shall be allowed.

      (7)   Type of camping allowed. Camping shall only be allowed in RVs (excluding park models), and may be operated as either a self-contained unit or with properly permitted connections to utilities. Campers must have a horse boarded at the facility. No on-site dumping of sewage waste shall be allowed unless the boarding facility is connected to the sewer district system or unless other sewage disposal system solutions are permitted by the Pinal County Health Department.

      (8)   Setbacks and RV spacing. RVs shall maintain a minimum separation of 6 feet from each other, be setback a minimum of 3 feet to a side or rear property line and 25 feet from a road right-of-way.

      (9)   Minimum camping space size. An RV camping space shall contain no less than 1,000 square feet and shall be at least 25 feet wide.

      (10)   Parking. A maximum of 2 vehicles per individual RV campsite shall be allowed, consisting of the RV and one passenger vehicle.

      (11)   Generator use. Use of generators to charge batteries within the RV shall be permitted between the hours of 8:00 a.m. to 9:00 p.m., daily.

      (12)   Nuisance impacts. Standards regarding the impact of noise, light, smoke, fumes, and odors resulting from the RV camping activities shall be subject to local ordinance and public nuisance laws.

      (13)   Dust control. Areas where RVs are parked shall be treated to control fugitive dust particles (i.e., PM-10 requirements), as determined by the Development Services Engineer.

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

   (A)   Property maintenance. For regulations regarding property maintenance, public nuisances, outside storage, land maintenance, exterior building maintenance and vacant buildings see Apache Junction City Code, Vol. I, Article 9-1 (Property Maintenance Standards).

   (B)   Outdoor storage, display and activity. Outside storage and display shall be allowed in the B-1, B-2, B-3, B-4 and B-5 zoning districts subject to the following:

      (1)   Outdoor displays. Outdoor display of commercial product samples for sale or rent to the public shall be placed on the private patio or walkway in front of the building, and shall not be located in a parking area or in a manner that interferes with automobile or pedestrian access, circulation and visibility as determined by the Zoning Administrator. Outdoor displays shall not be permanent in nature and shall be taken into the building at close of business.

      (2)   Outdoor storage.

         (a)   Residential districts. Outdoor storage of inoperable and/or unlicensed vehicles, automobile parts; loose rubbish, garbage and junk shall be screened from public and neighboring view in accordance with the regulations established in Vol. II, § 1-6-3, Table 6-1.

         (b)   Non-residential districts. Outside storage of business inventory and parts shall be screened in accordance with Vol. II, § 1-6-3, Table 6-2.

         (c)   Building materials. Unscreened building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

      (3)   Outdoor activity and operations. Subsequent to the effective date of this Chapter, there shall be no outside fabrication, processing, manufacturing, repair or assembly of products in business zoning districts unless approved by a CUP (see Vol. II, § 1-5-3, Table 5-3).

      (4)   Modifications: The Development Services Director or designee may approve modifications to the outdoor display and storage standards identified above in Vol. II, § 1-6-9(B)(1) subject to issuance of an Administrative Use Permit ("AUP") and a finding by the Director that the modification is based on the business's unique product line, visibility constraints and minimal aesthetic impact on neighboring properties.

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

   (A)   Definition. For purposes of city regulation, GROUP CARE HOMES are limited to assisted living homes for the elderly, adult foster care homes, adult day health care facilities and group homes for the developmentally disabled.

   (B)   Requirements. Group care homes are permitted subject to the following requirements:

      (1)   Permit required for single-family residential districts. An administrative use permit ("AUP") shall be required prior to construction and/or operation of a group care home with 10 or less residents. This limitation does not include the operator of the facility, members of the operator's family or staff persons, except that the number of all persons living in the residential facility shall not exceed 12. Group care homes with greater than 10 residents shall not be allowed.

      (2)   Permit required for multi-family residential and non-residential districts. A conditional use permit ("CUP") shall be required prior to construction and/or operation of a group care home. The number of residents shall be subject to the conditions of the CUP.

      (3)   Sign restrictions. No signs, graphics, displays, or other visual means of identifying the group care home shall be visible from a public street.

      (4)   Separation requirement. A separation between group homes of no less than 1,200 feet is required. Separation distances shall be measured from the property lines.

      (5)   Information requirement. Copies of all materials including licenses, certifications, or registrations required for the group care home by a county, state or federal agency shall be submitted to the city.

      (6)   Kitchen requirement. A common kitchen facility to serve all resident shall be required.

      (7)   Garbage. Any large and/or multiple trash receptacles not usually found in the residential area shall be screened from public view.

      (8)   Exterior design. No exterior change that would alter the building's residential character shall be made to the exterior of the building and grounds.

      (9)   Compliance with Building Code. The proposal shall comply with all applicable building and fire safety regulations.

      (10)   Annual home inspections. The Director or designee may require and perform annual home inspections in accordance with the Arizona Department of Health Services ("DHS") inspection checklist and forward the findings of the inspection to DHS for further review and action. The administrative process for conducting these inspections shall be established by city staff and will be available at the Development Services Department.

      (11)   Preemptions. Notwithstanding the forgoing, if the state has adopted laws or rules for the regulation of a specific type of group home, then any such state law or rule shall apply in addition to the conditions listed herein and/or shall preempt any conflicting condition listed herein.

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

   (A)   Swimming pools. Swimming pools are permitted in all residential zones, subject to the following restrictions:

      (1)   Location.

         (a)   Swimming pools in single-family residential zones may encroach within the side or rear setback area, but shall maintain a minimum 3 foot setback from the property lines and in residential areas shall be constructed to the side or rear of the main dwelling, behind the front façade of the home.

         (b)   Swimming pools in multiple-family residential and business zones shall comply with the required accessory structure setbacks for the zone in which they are located.

      (2)   Swimming pool enclosures. Swimming pools shall comply with the provisions of City Code, Vol. I, Article 7-2, Requirements for Swimming Pool Enclosures.

   (B)   Water features. Decorative water features such as fountains and ornamental ponds are permitted in all zones, subject to a minimum 10 foot front setback and minimum 3 foot side and rear setback.

   (C)   Sports courts. Sport courts may encroach within the side or rear setback area, but shall maintain a minimum 3 foot setback from the property lines and in residential areas shall be constructed to the side or rear of the main dwelling, behind the front façade of the home. Basketball backboards/hoops attached to the garage or 1 standalone pole in the driveway are not classified as sport courts for the purposes of regulation.

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

      (2)   All provisions in this section are pursuant to A.R.S. Title 36, Ch. 28.1, Arizona Medical Marijuana Act.

         (a)   Nonprofit medical marijuana dispensaries, or dual licensees, shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts.

         (b)   An existing medical marijuana facility or dual licensee that has received CUP approval from the city prior to the effective date of Ordinance 1444 shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal.

         (c)   An existing medical marijuana facility or dual licensee that has received CUP approval from the city prior to the effective date of Ordinance 1444 shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal.

         (a)   Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing.

         (b)   A copy of the preliminary approval from the Arizona Department of Health Services ("ADHS"), such as a registration certificate, for the nonprofit medical marijuana dispensary or dual licensee and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document.

         (c)   Application and all applicable fees paid as required by Apache Junction City Code, Vol. I; Chapter 8, Business, and the Apache Junction City Tax Code as amended.

         (d)   A detailed site plan and floor plan for the facility prepared in accordance with Vol. II, §1-16-9, and narrative explaining the operation of the facility and hours of operation.

      (7)   Conditions of approval. The conditions of approval which may be considered by the Planning and Zoning Commission in evaluating these requests include the following:

         (a)   Required spacing requirements:

            1.   A minimum of 1,320 feet between another dispensary, as measured from nearest building wall to nearest building wall.

            2.   A minimum of 750 feet between a dispensary and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial-zoned day care facility, freestanding church, drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use.

      (8)   Operating requirements:

         (a)   Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute.

         (b)   Outdoor seating areas at dispensaries shall not be allowed.

         (c)   A medical marijuana facility shall submit a security plan containing the following information:

            1.   Proof that any storage of medical marijuana will take place in an "enclosed, locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law.

            2.   A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance.

            3.   Explanation, narrative, or protocols against medical marijuana diversion and theft.

            4.   Provide and continuously update as needed a current list of all persons who are authorized to access the dispensary.

         (d)   On-site consumption of medical marijuana at a dispensary shall not be allowed.

         (e)   The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development.

         (f)   Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage.

         (a)   Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements.

         (b)   The Commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community.

         (c)   Hours of operation will be addressed through the CUP process.

         (d)   Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility.

      (11)   Medical marijuana caregiver home cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the Chief of Police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the qualified patient's or patients' home, all cultivation of marijuana plants for that qualified patient or patients in the designated caretaker's home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the Chief of Police within 30 calendar days.

      (1)   All provisions in this section are pursuant to A.R.S. Title 36, Ch. 28.2, Responsible Adult Use of Marijuana.

      (2)   To the fullest extent allowable by law, the operation of a standalone marijuana establishment is prohibited in Apache Junction, except where authorized for an existing dual licensee who:

         (a)   Operates both a nonprofit medical marijuana dispensary and marijuana establishment cooperatively in a shared location; and

         (b)   Has not forfeited or terminated the nonprofit medical marijuana dispensary registration from the Department.

         (a)   It shall be unlawful for any individual who is at least 21 years of age to possess, transport, cultivate or process more than 6 marijuana plants.

         (b)   It shall be unlawful for 2 or more individuals who are at least 21 years of age to possess, transport, cultivate or process more than 12 marijuana plants at the individuals' primary residence.

         (c)   Except as provided by A.R.S. §36-2801 et seq. and this section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction.

         (d)   Individuals shall not process or manufacture marijuana by means of any liquid or gas, other than alcohol, that has a flashpoint below 100 degrees Fahrenheit.

         (e)   Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation.

         (f)   A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction.

         (g)   Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors.

         (h)   Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids.

         (i)   Cultivation as part of a home based occupation is not allowed.

(Ord. 1402, passed 5-6-2014; Ord. 1444, passed 3-7-2017; Ord. 1506, passed 7-20-2021)

   (A)   No fence, wall, shrubbery, sign or other obstruction to vision between a height of 3 feet and 10 feet above the centerline grades of the intersecting streets shall be erected, placed, planted and maintained within the 33' by 33' triangular yard space formed by the intersection of the lot lines adjoining the intersecting streets for a distance of 33 feet from such intersection and a line connecting the ends of such lot lines as illustrated in Vol. II, Image 6-1.

   (B)   Where a conflict occurs between this requirement and the zoning setback regulations, Apache Junction City Code, Vol. II, Chapter 2, Subdivision Regulations and/or sight distance regulations provided in Apache Junction City Code, Vol. II, Chapter 10, Engineering Design Guidelines and Policies, the more restrictive provision shall apply.

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

   Permit required. Airports, airstrips, landing areas and helipads shall be permitted only as a CUP as provided in Table 5-1 and Table 5-3 (see Vol. II, §§ 1-5-1 and 1-5-3). The Planning and Zoning Commission and/or City Council may require conditions of approval to protect the public's interest in controlling noise, vibration, glare, light, runway protection zones, over flight areas, fumes, dust, fuel particles, crash hazards, These conditions of approval shall apply to the take-off and landing of any contrivance, now known or hereafter invented, for use or designed for navigation of or flight in the air, including helicopters, fixed-wing aircraft and gliders, and lighter-than-air vehicles such as hot-air balloons, blimps and dirigibles.

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

   (A)   Permit required. Adult oriented businesses, including adult arcade, adult peepshow, adult bookstore, adult video store, adult novelty store, adult cabaret, adult motel/hotel, adult live entertainment establishment, adult motion picture theater, adult theater, adult escort agency and modeling shall be approved by CUP and shall only be allowed in the zoning districts identified in Vol. II, § 1-5-3, Table 5-3.

   (B)   Spacing requirements. In order to diminish the potentially adverse secondary effects of adult uses on the community and neighborhood, adult uses shall not be located within 1,000 feet of any of the following uses:

      (1)   Churches, synagogues and any other religious institution.

      (2)   Public or private school or college.

      (3)   Public parks or playgrounds.

      (4)   Conforming or nonconforming residential use or any residential zoning district.

      (5)   Another adult use.

      (6)   Any establishment selling alcoholic beverages.

   (C)   Measurement. For the purposes of spacing requirements, measurement from the proposed adult use shall be made from that portion of the adult use building that is closest to the property line of any uses identified in the above paragraph, or to the property line of any land in any residential zoning district.

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

   (A)   Solar panels. The following standards shall apply to solar panels used for the primary purpose of providing energy for the immediate site or development:

      (1)   Building permit required. A building permit shall be required for installation of solar panels.

      (2)   Attached solar panels. Solar panels attached entirely to the roof shall be permitted in all zoning districts. Solar panels located behind parapets on flat roofs shall comply with maximum zoning height standards.

      (3)   Detached, freestanding solar panels. Detached or freestanding solar panel structures shall be permitted in all zoning districts, and shall comply with the zoning district's setback, size and height requirements for accessory structures.

   (B)   Solar farms and alternative energy production facilities. Solar farms and other alternative energy production facilities (e.g., geo-thermal, wind, biofuel and biomass) that generate energy for use beyond the property shall comply with the following minimum standards:

      (1)   Permit required. A CUP shall be required for installation and use of solar farms and alternate energy production facilities.

      (2)   Where allowed. Solar farms and alternate energy production facilities shall be allowed in the business zoning districts indicated in Vol. II, § 1-5-3, Table 5-3.

      (3)   Setbacks. Setbacks shall comply with the zoning district standards for main structure setbacks.

      (4)   Screening. Solar panels and equipment used for solar farms and/or alternative energy production facilities shall be screened from the public view of the adjacent road rights-of-way in a manner that eliminates glare, as determined by the Director or designee.

      (5)   Environmental standards. Alternate energy production facilities shall comply with state and federal environmental standards regarding emissions, public health, noise and safety.

   (C)   Alternate energy technology. Alternate energy production such as wind, geothermal, biofuel and biogas hydrogen applications may be allowed pursuant to a CUP in all zoning districts and shall comply with the zoning district standards for accessory structures unless modified through the CUP.

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

   (A)   Purpose. The purpose of this section is to provide rules and regulations for the keeping of agricultural animals so that these animals do not become a nuisance, hazard, and/or health problem to the adjoining neighbors and the general public.

   (B)   Large livestock. Large livestock animals (excepting equine which are regulated in Vol. II, § 1-6-7) may be kept in the RS-GR, RS-54 and RS-54M residential zoning districts subject to the following:

      (1)   Minimum lot size. 1.25 gross acres.

      (2)   Maximum number.

         (a)   RS-GR District. No limit.

         (b)   RS-54 and RS-54M Districts. Maximum of 1 head of large livestock per ½ acre.

   (C)   Small livestock and foul. Small livestock and fowl may be kept in all single-family residential zoning districts subject to the following:

      (1)   Minimum lot size. None.

      (2)   Maximum number.

         (a)   RS-GR District. No limit.

         (b)   All other single-family residential zoning districts. Maximum of 2 small livestock per property and 2 chickens per 1,500 square feet of property. Chickens and small livestock shall be contained on the property and no roosters or pea fowl shall be allowed.

   (D)   Grazing area. The area used for grazing, exercising or training of livestock shall be secured to prevent the animals from straying.

   (E)   Maintenance and sanitation. See Apache Junction City Code, Volume I, Chapter 6, Animals.

   (F)   Equine. See Vol. II, § 1-6-7 (equestrian regulations).

   (G)   Household pets and kennels. See Apache Junction City Code, Volume I, Chapter 6, Animals.

   (H)   Commercial feedlots. No commercial feedlots shall be allowed in any zoning district.

   (I)   Setbacks for accessory structures housing livestock. Accessory structures allowed to house large livestock (excluding equine) shall maintain a minimum side, rear and front setback of 50 feet. Accessory structures allowed to house small livestock and foul shall maintain a minimum side and rear setback of 15 feet. Structures housing equine shall be subject to the standard accessory structure setback requirements in Vol. II, § 1-5-2, Table 5-2. See Vol. II, § 1-6-5 of this Chapter regarding detailed regulations for accessory buildings, and Vol. II, § 1-6-17 of this Chapter regarding additional regulations for housing of livestock. In no case shall an accessory structure (excluding equine horse shades) be located between the main building and the road frontage.

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

   (A)   Commercial agricultural uses. Commercial agricultural uses shall only be allowed in the RS-GR (General Rural) residential zoning district and may include field crops, truck gardening, berry crops, flower gardening, plant nurseries, greenhouses, orchards, aviaries and apiaries. A produce sales stand up to 200 square feet in size for the sale of farm products grown on the premises is allowed but shall be set back a minimum of 10 feet from the road right-of-way.

   (B)   Non-commercial agricultural uses. Non-commercial agricultural and horticultural uses shall be allowed in all residential zoning districts.

   (C)   Commercial feedlots. No commercial feedlots shall be allowed in any zoning district.

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

   (A)   An accessory dwelling unit is an attached or detached residential dwelling unit that may provide complete independent living facilities for 1 or more persons, and which may include provisions for living, sleeping, eating, cooking, and sanitation on the same parcel where the primary single-family dwelling is situated. An accessory dwelling unit may also be known as a secondary dwelling unit, granny flat, property caretaker's dwelling or guest house. Accessory dwelling units should not be confused with "accessory structures," which are defined and regulated differently in Vol. II, § 1-6-5.

   (B)   Accessory dwelling units shall comply with the following regulations.

         (a)   Accessory dwelling units may be detached, attached, or directly accessible from the primary dwelling unit. An accessory dwelling unit shall be constructed as a conventional (i.e., site-built) structure. It is recommended that the design of the building complements or improves upon the main building's design.

         (b)   Property caretakers, however, working as ranch hands for approved commercial horse boarding facilities may use a motor home, travel trailer or 5th wheel RV unit for their accommodation. See Vol. II, § 1-6-7(D)(7).

(Ord. 1402, passed 5-6-2014; Ord. 1556, passed 11-19-2024)

   (A)   Purpose. The City Council has determined that there is a need in the city for special consideration to housing handicapped/disabled persons who need on-site personal care and assistance.

   (B)   Permit required. An administrative use permit ("AUP") shall be required prior to construction, placement or use of a personal caretaker unit.

   (C)   Site requirements. A personal caretaker's unit may be allowed subject to the following:

      (1)   Number allowed. One temporary personal caretaker unit is permitted on a residential lot in all single residence zoning districts. Personal caretaker unit is separate and distinct from an accessory dwelling unit, which is described and regulated in Vol. II, § 1-6-19 of this Chapter.

      (2)   Type of unit allowed. The personal caretaker unit may be a travel trailer, motor home or fifth-wheel. Park models and manufactured homes are prohibited.

      (3)   Setbacks. Personal caretaker unit setbacks shall comply with the accessory building setback requirements, and shall not be located between the main building and the front road right-of-way.

   (D)   Use. A personal caretaker's unit may be used to house a person who is caring for a handicapped/disabled person(s) living in the main dwelling, or to house the handicapped/disabled person who is being cared for by a person living in the main dwelling.

   (E)   Termination of permit. An AUP is granted to the property owner but does not run with the land, is not transferable and terminates automatically as soon as the disabled person(s) no longer resides on the property.

   (F)   Verification of need. An AUP for a personal caretaker's unit may be granted if the disabled person(s) is physically or mentally impaired and incapable of caring for himself or herself. The beneficiary must also be in such need of care, attention and support that not being granted an AUP will result in the individual being confined to a hospital, sanatorium, nursing center, supervisory care facility or similar health care environment where his or her personal needs can be adequately met. A letter from a physician on office letterhead must be included with the application verifying this need.

   (G)   Compensation. Neither the applicant nor any other person shall receive rent or any other valuable consideration for allowing a person to live in a dwelling unit under an AUP for a personal caretaker's unit. This should not be construed as to prevent a health care provider from receiving remuneration for health care services provided.

   (H)   Affidavit required. An affidavit must be submitted by the applicant indicating a commitment to concur with all the requirements of this section. Sample affidavits are available at the Development Services Department.

   (I)   Application process. Application for the AUP shall be made to the Director or his or her designee by the landowner or tenant in possession, with the signed approval of the landowner. The application shall be accompanied by an accurate site plan drawn to scale which identifies the location of the proposed personal caretaker's unit, the legal description of the property involved, the name and relationship to the beneficiary, information on how the sewage from the personal caretaker's unit will be disposed of, the sworn affidavit required above, and the nonrefundable application fee set forth in the Apache Junction City Code, Vol. I, Chapter 4, Fees. The information on sewage disposal shall be sufficient for the Pinal County Health Department to determine whether the provisions are adequate. No AUP may be issued without the written approval of the Pinal County Health Department. The application shall also be accompanied by an accurate verified list, made within the previous 30 calendar days, giving the names and addresses of the owners of all properties lying within 300 feet of the subject property.

   (J)   Approval process. Upon receipt of a completed application and fee, the application will be reviewed by the Development Services Director who shall approve, conditionally approve or disapprove the application. If the request for the AUP is approved, notification of the installation of personal caretaker unit shall be sent to all property owners located within 300 feet of the subject property. Any person aggrieved by the decision of the Director may file an appeal with the Board of Adjustment and Appeals in accordance with Vol. II, § 1-16-4.

   (K)   Financial obligations. All financial or other obligations occurring to the property owner or his or her authorized agent as a result of approval or conditional approval of the AUP are the sole responsibility of the property owner or his or her authorized agent.

   (L)   Annual renewal. An AUP for a personal caretaker's unit shall be renewed once a year upon proof it is still needed, by means of a letter from a board-certified physician. The renewal letter shall be accompanied by a fee as set forth in the Apache Junction City Code, Vol. I, Chapter 4, Fees.

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

   (A)   Above ground utilities. Unless pre-empted and allowed by state law, the above ground erection or alteration of pipes, poles, wires and similar installations necessary to distribute public utilities shall require approval of an administrative use permit ("AUP"). Proposed utility substations shall be screened with a minimum 8 foot high decorative masonry wall.

   (B)   Below ground utilities. The installation of underground utilities shall be subject to Apache Junction City Code, Vol. II, Chapter 10, Engineering Design Guidelines and Policies.

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

   Permit required. Clay, sand or gravel pits, and rock or stone quarries may be permitted in any zoning district subject to approval of a CUP, provided that the use is designed and located so as not to create any unreasonable hazard or nuisance in the immediate neighborhood of the proposed site.

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

   (A)   Permits required. Temporary uses and structures are intended to be of limited duration and will not permanently alter the character or physical facilities of the site where they occur. Certain types of temporary uses may be allowed by issuance of an administrative use permit, while others are subject to issuance of a conditional use permit.

   (B)   No temporary uses may be established prior to city issuance of the appropriate permit in accordance with the following:

      (1)   Conditional use permit. Temporary business uses and/or structures not identified in Vol. II, § 1-6-3, Table 6-1 shall require CUP approval by Planning and Zoning Commission.

      (2)   Administrative use permit. Temporary uses and/or structures identified in Vol. II, § 1-6-23, Table 6-3 may be approved by the Director through issuance of an AUP. An application for an AUP shall be filed with the Development Services Department in accordance with the "City of Apache Junction Temporary Use Application Checklist" available at the Development Services Department. Temporary uses and structures approved by an AUP shall be valid for up to 1 year, and shall be subject to the location and time limit standards provided in Vol. II, § 1-6-23, Table 6-3, and, if applicable, the following additional standards:

         (a)   If required by the Zoning Administrator, the applicant shall submit a scaled site plan illustrating the proposed temporary use parking and structures.

         (b)   Temporary business use signage shall not exceed 50 square feet (combined total) in size and 10 feet in height. No signs shall be allowed in the public right-of-way, nor may any signs be affixed to any publicly owned property, utility or structure. All signs for temporary uses shall be attached to the temporary use structure, vehicle or existing business sign on the private property. Portable signs prohibited in the city's sign regulations shall also be prohibited for temporary uses.

         (c)   Only 1 temporary use permit shall be permitted for a single parcel of land at any given time.

         (d)   Temporary structures and/or display of merchandise shall comply with the setback requirements of the zoning district within which it is located. The temporary use structure and display shall also comply with the sight distance requirements in Vol. II, § 1-6-13. In no case shall structures, signs, parking or displays encroach within the public right-of-way.

         (e)   No risk of injury to persons or damage to public or private property shall occur, as defined by the Zoning Administrator.

         (f)   No unreasonable noise impact, public or private disturbances or nuisances shall occur or be permitted to continue, as determined by the Zoning Administrator.

         (g)   No unsafe impediments, distractions, or congestion to vehicular or pedestrian movement shall be allowed, as determined by the Zoning Administrator.

         (h)   Proper security and trash removal shall be provided by the operator.

         (i)   No permanent alterations to the affected site shall be allowed.

         (j)   No encroachment of a temporary use into established landscaped areas of a developed site or public right-of-way shall be allowed.

         (k)   Sufficient space for the temporary use and associated off-street parking and circulation is required.

         (l)   Unless otherwise specified by the Zoning Administrator, hours of operation shall be limited from 8:00 a.m. to 11:00 p.m., daily, for temporary business uses.

         (m)   Approval of all applicable permits and licenses prior to operation shall be required.

         (n)   The site shall be returned to its original condition within 48 hours of its discontinuance.

         (o)   A performance bond or other financial assurance for public infrastructure damage and repair resulting from the temporary use may be required by city in accordance with Vol. II, Chapter 10 of the Apache Junction Land Development Code.

         (p)   Location of parking and temporary equipment/structures, and the aesthetic appearance of temporary signs and structures, shall be approved by the Zoning Administrator prior to the temporary use being located on the property.

         (q)   Temporary sanitary facilities for temporary uses (i.e., porta-johns) may be allowed subject to proper permitting.

         (r)   The Zoning Administrator may work with the Police Department, Building Official, Public Works Department, City Clerk's Office and Fire District regarding conditions, if any, to issuing a permit.

 

 

 

 

   Subject to state law, the city may require developers/builders to establish an association to maintain private, common or community owned improvements as condition of final subdivision plat approval.

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

   Home builders/developers may be allowed model homes subject to approval of an AUP and the following requirements:

   (A)   Proper permitting of utility connections.

   (B)   Development Services Department approval of access and access maintenance.

   (C)   Development Services Department approval of the number and location of models.

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

   (A)   An ancillary manufacturing use is a subsidiary or secondary use or operation connected to the main use of a building. Ancillary manufacturing uses identified in manufacturing sectors 31-33 of the 2012 North American Industry Classification System ("NAICS") 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.

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

   (A)   No structures, earthwork, filling or construction, and no fencing or landscape vegetation which would impede water flow, shall be allowed within established drainage ways or retention basins located within platted subdivisions, except as may be approved by the Development Services Engineer.

   (B)   No structures, including fences and walls, shall be allowed within drainage easements designated on a subdivision plat, except by plat amendment.

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