(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)