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HomeMy WebLinkAboutORD14ORDINANCE NO.14 AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING CERTAIN SECTIONS OF THE APACHE JUNCTION ZONING ORDINANCE, SPECIFICALLY AMENDING SECTION 460, SECTION 475, SECTION 502, SECTION 2001, SECTION 2302, SECTION 2308-1, SECTION 2403 (1), SECTION 2704, SECTION 2705, SECTION 2709, SECTION 2710, SECTION 2711, SECTION 2714, SECTION 2803, SECTION 2804, SECTION 2807, SECTION 2710, AND ADDING SECTION 2308 AND SECTION 2329 AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL AS FOLLOWS: SECTION A Section 460 SPOT ZONING: Zoning not compatible to the area; no other existing like zoning in the area; not an extension of existing zoning district; zoning which does not fit area or neighborhood plan.Lot size has no bearing on spot zoning. Section 475 YARD, SIDE: A yard extending from the front yard to the rear yard between the side lot line and the nearest line of the main building. Section 502 MAPS: The boundaries of zones are hereby established as shown on maps entitled Pinal County Zoning Maps (as adopted and amended by the City of Apache Junction, Arizona) and numbered and subtitled as follows and as the same may be hereafter amended and supplemented: MAP A Zoning Map MAP B Generalized Land -Use Map MAP C Major Thoroughfare Proposed Route Said maps are located in the Office of the Planning and Zoning Department and are hereby adopted and made a partI;of this ordinance as fully as if they were set out at or copied at length herein. Section 2001 USES PERMITTED: Any use permitted in the CR-3 zone. Section 2302 on Page 62 - renumber:Section 2303 PUBLIC UTILITIES PERMITTED. Section 2308 SPLITTING OF LOTS: No lot or parcel of land held under one ownership shall be reduced in size below the minimum lot area or lot width required by this Ordinance, and no building or use permit shall be issued for such deficient Page 2 lot or parcel or portion thereof; except that on one street frontage of any one block of a subdivision, where lots having less than the minimum lot area or lot width, existed prior to the effective date of this Ordi- nance and existing unimproved lots are isolated from other unimproved lots so that minimum -size building sites cannot reasonably be made, the existing unimproved lots may be used if split in accordance with the pattern pre- viously established for the block, provided that any new lot or building site so formed has not less than 80% of the minimum lot area and lot width required in the zone. Section 2308-1 LOT SPLITTING FOR TOWNHOUSES: In zones designated CR-4, CR-5, TR and CB -1, single dwellings constructed as part of a series of dwellings, all of which are either attached to the adjacent dwelling or dwellings by party walls, or are located immediately adjacent thereto with no visible separation between walls or roofs, may be individually owned if so indicated upon the plat setting forth the area of individual ownership.Where common areas, private roads, or common open space are provided it shall be a require- ment that a mandatory home -owner's association, as provided in Section 2328, be established so long as the property use remains.The lots so created shall be subject to all Apache Junction Subdivision Regulations. The density requirement under this section shall be no more than one dwelling unit per 2,800 square feet or the density requirement of the zone in which the lots are created shall apply, whichever is more restrictive. Section 2329 SWIMMING POOLS: (A)In the CR-1, CR-2, and CR-3 Zones, a private swimming pool shall be permitted provided such pool is located in the rear yard or buildable area behind the main building on the lot or parcel, not closer than seven feet (7') to any property line.Pools adjacent to alleys shall be located no closer than four feet (4') from said alley line.All swimming pools in CR-1, CR-2 and CR-3 Zones shall be enclosed by a fence or permanent structure not more than six feet (6') nor less than five feet (5') in height measured on the side of the fence exterior to the subject property.Access to the enclosed area shall be through buildings, or gates that have self- enclosing and self -latching devices. (B)In districts other than the CR-1, CR-2 and CR-3 Zones, a private or semi -private swimming pool shall be permitted provided said pool is located within the rear yard or buildable area.Such pools shall not be located within seven feet (7') of any property line; except that pools adjacent to an alley shall be located no closer than four feet (4') from said alley line. Swimming pools located in other than the CR-1, CR-2 and CR-3 Zones shall be enclosed by a fence no less than four feet (4') in height with gates of a self -closing, self -latching type. (C)On a corner lot in any residence or CR-1 Zone the rear of which abuts the side of a residential lot, a swimming pool shall not be constructed within twelve feet (12') of the side property line on the street side.In addition, all pool accessories and equipment must be located in the fenced rear yard area at least ten feet (10') from the side property line on the street side. Page 3 (D)No public swimming pool shall be located closer than twenty-five feet (25') to any lot line of the lot on which it is situated. (E)All fish ponds, and other contained bodies of water, either above or below ground level, with the container being eighteen (18) or more inches in depth and/or wider than eight feet (8') at any point, measured on the long axis, located in any above residence district, shall conform to the location and fencing requirements for swimming pools. Section 2403 POWERS: (1)Authorize variances from the strict application of the provisions of this Ordinance in cases in which the strict application of such provisions would result in the serious impairment of substantial property rights, provided the long-term interests of the community are given full consideration.The applicant at the hearing shall present a statement and adequate evidence in such form as the Board shall require. Section 2704 APPLICATION FOR PERMIT: a.The applicant for a permit shall provide the Zoning Admin- istrator with sufficient information regarding the proposed construction or use for the interpretation and enforcement of the provisions of this Ordinance and for the guidance and assistance of the City Engineer, the County Health Department, the County Assistant and any other public agency in the discharge of their regularly prescribed duties.Required informa- tion shall include the following:(1) the legal description of the pro- perty upon which the improvement is to be made, (2) the street address of the property, (3) the nature of the use to which the improvement is to be put, (4) the type of building to be erected, (5) the dimensions of the building site and of the improvement, (6) the distance that improvement is to be from all lot lines of the building site, (7) the elevation of said improve- ment showing the height thereof, the location of water and sewer lines serving said improvement, (8) if said improvement is not connected with a public sewer, then the location,of the private disposal system which will serve said improvement, the location of existing uses and buildings, and (9) such other information as the Zoning Administrator may require for the purpose of determining whether said permit may be issued under the terms of this Ordinance. b.Except for applicants exempt from the provisions of Arizona Revised Statutes, Title 32, Chapter 10, each applicant for a permit shall file a signed statement that the applicant is currently licensed under the provisions of Title 32, Chapter 10 and shall provide his license number. If the applicant is exempt, the statement shall contain the basis of the asserted exemption and the name and license number of any general, mech- anical, electrical and plumbing contractor who will be employed on the work. (This Amendment merely separates into two paragraphs one long paragraph) Section 2705 FEES: (10)Fees for mobile home spaces in a park shall be $20.00 plus $2.00 per space over 25 spaces. (11)Fees for recreational vehicle spaces, either in recreational vehicle parks or mobile home parks, shall be $20.00 plus $1.00 per space Page 4 over 25 spaces. Section 2709 VALIDITY OF PERMIT: (b)Pinal County Building or Use Permit, legally issued not more than sixty (60) days prior to the effective date of this Ordinance shall be honored by the Building Official within nine (9) months after the effective date of this Ordinance.The Building Official shall recommend that a City Building Permit be issued when construction details conform to codes and construction ordinances which become effective July 1, 1979 and pertinent County Zoning Regulations in effect at the time the County permit was issued.The amount of the fee paid for the County permit shall apply to the City permit and the balance must be paid before a City permit is issued. (d)Buildings legally under construction on the effective date of this Ordinance which are completed to a lesser degree than above, but where construction has taken place to the extent of at least $1,000.00 in replaceable value shall be required to secure a City Building Permit, and from the effective date of this Ordinance, all construction shall conform to the pertinent City construction code and construction ordinances and conform to pertinent County Zoning Regulations in effect at the time the permit was issued.The replaceable value shall be construed 'to mean the expenditure necessary to duplicate the materials and labor at market prices. (f)Any use or activityi conducted contrary to,County Zoning Regulations at the effective date of this Ordinance, and the continuance thereof shall constitute a violation of this Ordinance. Section 2710 CERTIFICATE OF OCCUPANCY: Upon application by the owner of any property which does not conform to all the provisions of this Ordinance and amendments and codes, or which is exempted from zoning regulations by statute as specified in Section 303, or which is located in any portion of the GR Zone where a use permit is not required, the Zoning Administrator shall inspect said premises and upon a determination that it meets the required City ordinances and codes, and thereupon issue a Certificate of Occupancy establishing the character of use of said property and its conformity or nonconformity with the terms of this Ordinance. Section 2711 ENFORCEMENT BY CITY OFFICIALS: It shall be the duty of the Chief of Police of Apache Junction and of all officers of said City otherwise charged with the enforcement of the law to enforce this Ordinance and all of the provisions of the same. Section 2714 REMEDIES: All remedies provided for herein shall be cumulative and not exclusive.The conviction and punishment of any person hereunder shall not relieve such person from the responsibility to correct prohibited conditions or to remove prohibited buildings, structures, or improvements nor prevent the enforcement, correction or removal thereof.In addition to the other remedies properly provided in this Article, any adjacent or neighboring property owner who shall be especially damaged by the violation Page 5 of any provision of this Ordinance, may institute in addition to other remedies provided by law, injunction, mandamus, abatement or other appropriate actions proceeding or proceedings to present or abate or approve such unlawful erection, construction, reconstruction, alteration, maintenance or use. Section 2803 INITIATION OF ZONING ORDINANCE:BY PETITION AND CONSENT Any person may initiate a zoning ordinance amendment changing the zoning district boundaries within an area previously zoned by filing with the Planning and Zoning Department the proposed amendment, a petition in favor of such change, and also the written consents of at least fifty-one percent (51%) of the owners, by number and area, of all of the properties any part of which is within three hundred (300) feet of the proposed change. If the petition is for a change of classification, there shall not be counted, either in number or area the owners of land of the same or less restrictive zoning classification as sought by the petitioners.Unless the property change is an extension of the existing zoning district, the extent in boundaries of the area proposed to be changed shall be such as to constitute a zoning district.In the event that the area of the pro- posed change does not constitute a zoning district, the Commission may delimit a zoning district including the petitioned area before the amendment is set for public hearing.No petition shall be received for amendment reclassifying property if a petition which included the property has been denied by the City Council within the previous six (6) months. Section 2804 FILING FEE AND COST: A uniform fee of $100.00 shall be paid to the Planning and Zoning Department upon the initiation of each Zoning Ordinance Amendment by the applicant when the Commission initiates the Amendment, or by the Petitioner when Amendment is initiated by Petition and consent.This fee shall be charged to partially cover the cost of sending notices, making maps, and other expenses involved.None of the fees or costs shall be refundable. Section 2807 CITY COUNCIL'S ACTION: Upon receipt of the Commission's recommendation the City Council shall hold a public hearing thereon.The City Council may thereupon take appropriate action; provided, however, that the 20% of the owners of property by area and number within the zoning area file a protest to such proposed change, the change shall not be made except by unanimous vote or all members of the City Council. Section B Penalty Clause Any person found guilty of violating any provisions of this Ordinance shall be guilty of a misdemeanor, and upon convicition thereof shall be punished by a fine of not to exceed $300.00 or by imprisonment for a period of not to exceed three (3) months, or by both such fine and imprisonment.Each day that a violation continues shall be a separate offense punishable as hereinabove prescribed. Page 6 Section C All Ordinances and parts of Ordinances in conflict with the provi- sions of this Ordinance or any part of the code adopted herein by reference, are hereby repealed. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance or any part of the code adopted herein by reference, is for any reason held to be invalid or unconsititutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions thereof. Section D Emergency Clause WHEREAS the immediate operation of the provisions of this Ordinance is necessary for the preservation of the public peace, health and safety of the City of Apache Junction, Arizona, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage, adoption and approval by the City Council of Apache Junction. PASSED AND ADOPTED by three -fourths of the City Council of the City of Apache Junction, Arizona this 5th day of December 49719. ATTEST: APPROVED AS TO FORM: 1/Qt730,..y\_ City Attorney