Ordinace

ORDINANCE NO. ______
AN ORDINANCE AMENDING SECTION 11-3-2, OFFICIAL ZONING DISTRICT MAP AND
DISTRICT BOUNDARIES, OF THE MESA CITY CODE, CHANGING THE ZONING OF
CERTAIN PROPERTY DESCRIBED IN ZONING CASE ZON25-00895 LOCATED
APPROXIMATELY 190 FEET SOUTH OF THE SOUTHWEST CORNER OF SOUTH
CRISMON ROAD AND EAST HAMPTON AVENUE. (1.3± ACRES). REZONE FROM
PLANNED EMPLOYMENT PARK WITH A PLANNED AREA DEVELOPMENT OVERLAY (PEP-
PAD) TO LIMITED COMMERCIAL (LC); SITE PLAN REVIEW; SPECIAL USE PERMIT;
AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MESA:
Section 1: That Section 11-3-2, Official Zoning Map and District Boundaries, of the Mesa Zoning
Ordinance is hereby amended by adopting the Official Supplementary Zoning Map for Zoning Case
ZON25-00895 signed by the Mayor and City Clerk, which accompanies and is attached to this ordinance
and declared a part hereof.
Section 2: The Official Supplementary Zoning Map attached hereto is adopted subject to compliance
with the following conditions:
1. Compliance with the final site plan as submitted.
2. Compliance with all requirements of Design Review Case No. DRB25-00903.
3. Compliance with all applicable City development codes and regulations.
4. Installation of all off-site improvements and street frontage landscaping during the first
phase of construction.
5. Prior to the submittal of any building permit, submit to the Planning Director for review
and approval the design of shade structures to cover the two benches proposed on the
west side of the building.
6. Provide a minimum of two unique designs for the metal laser cut panels located on the
south and west building elevations.
Section 3: PENALTY.
CIVIL PENALTIES:
A. Any owner, occupant or responsible party who is found responsible for a civil violation of this
Ordinance, whether by admission, default, or after a hearing, shall pay a civil sanction of not less
than $150 or more than $1,500, per citation. A second finding of responsibility within 24 months of
the commission of a prior violation of this Ordinance shall result in a civil sanction of not less than
$250 or more than $2,500. A third finding of responsibility within 36 months of the commission on
a prior violation of this Ordinance shall result in a civil sanction of not less than $500 or more than
$2,500. In addition to the civil sanction, the responsible party shall pay the applicable fees and
charges set forth in the City’s Development and Sustainability Department (Code Compliance)
Schedule of Fees and Charges, and may be ordered to pay any other applicable fees and charges.
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B. The 36 month provision described above of this Section shall be calculated by the dates the
violations were committed. The owner, occupant, or responsible party shall receive the enhanced
sanction upon a finding of responsibility for any violation of this Chapter that was committed within
36 months of the commission of another violation for which the owner or responsible party was
convicted or was otherwise found responsible, irrespective of the order in which the violations
occurred or whether the prior violation was civil or criminal.
C. Each day in which a violation of this Ordinance continues, or the failure to perform any act or duty
required by this Ordinance or by the Civil Hearing Officer continues, shall constitute a separate civil
offense.
HABITUAL OFFENDER:
A. A person who commits a violation of this Ordinance after previously having been found responsible
for committing three (3) or more civil violations of this Ordinance within a twenty-four (24) month
period – whether by admission, by payment of the fine, by default, or by judgment after hearing –
shall be guilty of a class 1 criminal misdemeanor. The Mesa City Prosecutor is authorized to file a
class 1 criminal misdemeanor complaint in the Mesa City Court against habitual offenders. For
purposes of calculating the twenty-four (24) month period under this Subsection, the dates of the
commission of the offenses are the determining factor.
B. Upon conviction of a violation of this Section, the Court may impose a sentence of incarceration not
to exceed six (6) months in jail; or a fine not to exceed two thousand five hundred dollars ($2,500.00),
exclusive of penalty assessments prescribed by law; or both such fine and imprisonment. The Court
shall order a person who has been convicted of a violation of this Section to pay a fine of not less
than five hundred dollars ($500.00) for each count upon which a conviction has been obtained. A
judge shall not grant probation to or suspend any part or all of the imposition or execution of a
sentence required by this Subsection except on the condition that the person pay the mandatory
minimum fines as provided in this paragraph.
C. Every action or proceeding under this Section shall be commenced and prosecuted in accordance
with the laws of the State of Arizona relating to criminal misdemeanors and the Arizona Rules of
Criminal Procedure.
Passed and adopted by the City Council of the City of Mesa, on ___(month) ________(day), 2026.
____________________________
Mark Freeman, Mayor
ATTEST:
__________________________________
Holly, Moseley, City Clerk
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