(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)