(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)