(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)