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HomeMy WebLinkAboutORD382ORDINANCE NO.382 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING SECTIONS 5.0101,6.0116,14.0101,15.0200, 15.0300,15.0400,15.0500,15.0600,15.0801,AND 15.0803;BY DELETING SECTIONS 6.0117 6.0118 AND 15.0805;AND BY ADDING SECTIONS 15.1.0100, 15.1.0300,15.1.0400 AND 15.0806;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT: SECTION I IN GENERAL The Apache Junction,Arizona,Zoning Ordinance is hereby amended by amending Sections 5.0101,6.0116,14.0101, 15.0200,15.0300,15.0400, 15.0500,15.0600,15.0801,and 15.0803;by deleting Sections 6.0117, 6.0118,and 15.0805;and by adding Sections 15.1.0100,15.1.0300, 15.1.0400 and 15.0806 to read as follows: Section 5.0.101 Add: CONVENTIONAL CONSTRUCTION:a building constructed pursuant to the Uniform Building Code as adopted by the City of Apache Junction, Arizona,on a permanent site,using individual structural components and requiring normal phase inspection by the City Building Official. Amend "Dwelling Group"definition to: DWELLING GROUP:a group of two (2)or more detached one family duplex or multiple dwellings occupying a parcel of land in one (1)ownership, and having any yard or court in common,including house court and apartment court,but not including tourist court. Add: DWELLING,SINGLE FAMILY:a building containing only one (1)dwelling unit,other than mobile homes and recreational vehicles. Add: MANUFACTURED HOME:a dwelling that has been certified as a manufactured home and built in accordance with applicable regulations of the State of Arizona or United States government agency. Section 6.0116 Accessory Buildings and Storage Sheds - The following shall be applicable to accessory buildings.I f conflicting regulations for accessory buildings are contained in a district's regulations,the district's regulations shall apply. 1.No accessory building shall be constructed upon a lot unless the construction of the main building has commenced,and no accessory building shall be used for dwelling purposes unless a caretaker's or servant's residence is permitted in the district,then such accessory building shall comply with the yard requirements of the main building. 2.Accessory buildings are permitted in a rear yard only,and cover not more than thirty percent (30%)of a rear yard. ORDINANCE NO.382 PAGE 1 OF 20 3.Maximum height for an accessory building shall be fifteen feet (15');except for shelters for the keeping of animals and fowls which may be erected to the maximum height allowable for the main building in that district,provided that the building shall comply with the yard setbacks required for the main building. 4.Accessory buildings shall not be located closer than four feet (4')to any property line;except that for any accessory building exceeding eight feet (8')in height shall also observe the minimum side yard setback of the district in which located. 5.Accessory buildings for the keeping of small animals or fowl shall be located a minimum of fifteen feet (15')from any property line,or i f used for the keeping of livestock,an accessory building shall comply with the yard setbacks required for the main building. 6.On any corner lot,the accessory building shall not be located closer to the street side property line than that required for the main building,provided further that where the rear of a corner lot adjoins a key lot,no part of any accessory building within ten feet (10')of the rear lot line shall be nearer the street lot line than the depth of the front yard required on the key lot. 7.Accessory buildings used as a garage or carport having access from an alley shall not be located closer than fifteen feet (15')to the center line of said alley. 8.Storage sheds in residential districts used primarily for storage purposes,of a height no greater than seven feet .(7')and the total square footage of which does not exceed 120 square feet shall not be subject to the rear or side yard setback requirements for accessory buildings provided: a.Such shed shall be located in the side or rear yard of the property and shall be a minimum of three feet (3')from all property lines; b.Cannot be served by any utility (electricity,gas, or water); c.All drainage therefrom must flow onto the owner's property;and d.Only one storage shed,not complying with the setback requirements for accessory buildings,shall be permitted per lot. Section 6:0117 (Deleted) Section 6.0118 (Deleted) ORDINANCE NO.382 PAGE 2 OF 20 ZONES,MAPS,AND BOUNDARIES SECTION 14.0101 ZONES For the purpose of this established. RESIDENTIAL GR R1-43 R1-43(MH) CR-1 CR-1(MH) CR-2 CR-2(MH) R1-8 R1-8(MH) CR-3 CR-3(MH) R-1 CR-4 CR-5 TN TRANSITIONAL TR BUSINESS Ordinance,the following General Rural Single Family Residence Zone Single Family Residence Zone Single Family Residence Zone Single Family Residence Zone Single Family Residence Zone Single Family Residence Zone Single Family Residence Zone Single Family Residence Zone Single Family Residence Zone Single Family Residence Zone Duplex Residence Zone Multiple Family Residence Zone Multiple Family Residence Zone Trailer Homesite Zone Transitional Zone zones CB -1 Local Business Zone CB -2 General Business Zone C-1 Neighborhood Commercial/Convenience District C-2 Local Commercial District C-3 General Commercial District C-4 Heavy Commercial District INDUSTRIAL CI -1 CI -2 Light Industrial and Warehouse Zone Heavy Industrial Zone PLANNED DEVELOPMENT Planned Development Zoning District are hereby SECTION 15.1.0100 R1-43 AND R1-43(MH)SINGLE FAMILY RESIDENCE ZONES Section 15.1.0101 Statement of Legislative IntentH I t is the intent of the R1-43 and R1-43(MH)Single Family Residence Zones to establish low density residential areas consisting of single family dwellings and compatible uses on large lots.These zones shall provide for the more restrictive requirements associated with a larger lot residential district,consistent with community values and needs. Standards consistent with those values and needs appropriate for a single family residence zone shall:1)stabilize and protect the district's residential character while promoting a suitable environment for family life;2)provide for the access of light and air to windows while providing privacy by controlling the spacing and height of structures;3)require the provisions of open space and regulate signs to enhance the quality of life;and 4)require the provision of off-street parking to promote a safe and effective traffic circulation system. ORDINANCE NO.382 PAGE 3 OF 20 The R1-43 Zone permits single family dwellings of conventional construction only,while the R1-43(MH)Zone also permits mobile home dwellings. Section 15.1.0102 Permitted Principle Uses Permitted principle uses shall be limited to any one (1)of the following: 1.One (1)single family dwelling unit,conventional construction, per lot. 2.R1-43(MH)Zone only:one (1)single family dwelling unit, conventional construction,per lot;or one (1)manufactured or mobile home dwelling unit per lot (excludes the use of a recreational vehicle as a dwelling). 3.Public parks,public recreation areas,and publicly owned and operated properties. 4.Public schools. 5.A trailer for not more than ninety (90)days during construction of a residence on the same premises,which period may be extended for an additional ninety (90)days upon application to and approval of the Zoning Administrator. Section 15.1.0103 Permitted Accessory Uses Accessory uses shall be limited to the following: 1.Keeping of not more than one (1)non -transient or boarder by the resident family. 2.Private basketball court,tennis court,or swimming pool. 3.Accessory buildings,including storage sheds (no accessory building shall be used for sleeping or living purposes), subject to the requirements of Section 6.0116. 4.Agricultural or horticultural used only for the purposes of propagation and culture and not for retail sales, including any number of poultry,rabbits,and similar small animals. 5.Not more than a total of two (2)head of cattle,sheep, or goats,or similar animals more than six (6)months of age,per commercial acre (not permitted on less than one (1)commercial acre).Swine are not permitted. 6.Home occupation. Section 15:1.0104 Uses Subject to a Conditional Use Permit 1.Uses as set forth in Section 6.0101. 2.Churches and church -related uses. 3.Private educational institutions offering a curriculum of general instruction comparable to public schools. 4.Golf courses,including practice driving ranges,as an accessory use (except miniature golf course or commercial driving range not accessory to a golf course). 5.Private recreation areas and facilities. ORDINANCE NO.382 PAGE 4 OF 20 Section 15.1.0105 Intensity of Use 1.Minimum lot size shall be as follows: a.One and one-fourth gross acres in areas having roadway easements reserved in federal patents,(includes easements or easements which have been dedicated for public right-of- way purposes intended to be one-half of a 1/4-1/4-1/4-1/4 of a section);or b.One (1)acre (43,560 square feet)in areas which do not have roadway easements reserved in federal patents;or c.Lots of record of lesser size than (a)or (b)above which exist on the effective date of Ordinance No.382 shall be deemed to comply with the minimum lot size and width requirements of these zones,subject to all other requirements of this Ordinance. 2.Minimum lot width shall be one hundred feet (100'). 3.Maximum lot coverage by all buildings shall be twenty percent (20%). Section 15.1.0106 Height Maximum building height shall be twenty-five feet (25'). Section 15.1.0107 Setbacks The following minimum setbacks shall be required: 1.Front yard ............................30 feet 2.Rear yard .............................30 feet 3.Side yard .............................10 feet 4.Street side yard setback of a corner lot shall be a minimum of twenty feet (20'),except that the street side yard setback of a corner lot adjacent to a key lot shall be the minimum required front yard setback. Section 15.1.0108 Parking and Loading Off-street parking and loading shall be provided as required in Article 20 Parking,Loading,and Interior of Private Street Standards. Section 15.1.010,9 Signs Signs are permitted in accordance with the provisions of Article 21 Sign Code. SECTION 15.0200 CR-1 AND CR-1(MH)SINGLE FAMILY RESIDENCE ZONES Section 15.0201 Statement of Legislative Intent I t is the intent of the CR-1 and CR-1(MH)Single Family Residence Zones to establish low density residential areas consisting of single family dwellings and compatible uses on moderately sized lots.These zones shall provide for the more restrictive requirements associated with a moderately sized lot residential district consistent with community values and needs.Standards consistent with those values and needs appropriate for a single family residence zone shall:1) stabilize and protect the district's residential character while promoting a suitable environment for family life;2)provide for the ORDINANCE NO.382 PAGE 5 OF 20 access of light and air to windows while providing for privacy by controlling the spacing and height of structures;3)require the provisions of open space and regulate signs to enhance the quality of life;and 4)require the provision of off-street parking to promote a safe and effective traffic circulation system. The CR-1 Zone permits single family dwellings of conventional construction only,while the CR-1(MH)Zone also permits mobile home dwellings. Section 15.0202 Permitted Principle Uses Permitted principle uses shall be limited to any one (1)of the following: 1.Any permitted principle use in the R1-43 Single Family Residence Zone (see Section 15.1.0102). 2.CR-1(MH)Zone only:one (1)single family dwelling unit, conventional construction,per lot,or one (1)manufactured or mobile home dwelling unit per lot (excludes the use of a recreational vehicle as a dwelling). Section 15.0203 Permitted Accessory Uses Accessory uses as permitted in the R1-43 and R1-43(MH)Single Family Residence Zones (see Section 15.1.0103). Section 15.0204 Uses Subject to a Conditional Use Permit Uses as set forth in the R1-43 and R1-43(MH)Single Family Residence Zones as subject to a Conditional Use Permit (see Section 15.1.0104). Section 15.0205 Intensity of Use 1.Minimum lot size shall be as follows: a.Twenty thousand (20,000)square feet net per lot;except b.In areas having federally patented roadway easements,the minimum lot size shall be calculated on a gross basis; except that for a corner lot at the intersection of two (2)arterial roadways,the net basis for minimum lot size shall apply. c..Lots of record of lesser size than (a)or (b)above which exist on the effective date of Ordinance No.382 shall be deemed to comply with the minimum lot size and width requirements of these zones,subject to all other requirements of this Ordinance. 2.Minimum lot width shall be eighty feet (80'). 3.Maximum lot coverage by all buildings shall be thirty percent (30%). Section 15.0206 Height Maximum building height shall be twenty-five feet (25'). Section 15.0207 Setbacks The following minimum setbacks shall be required: 1.Front yard ...........................25 feet 2.Rear yard ............................25 feet ORDINANCE NO.382 PAGE 6 OF 20 3.Side yard ............................10 feet 4.Street side yard setback of a corner lot shall be a minimum of fifteen feet (15'),except that the street side yard setback of a corner lot adjacent to a key lot shall be the minimum required front yard setback. Section 15.0208 Parking and Loading Off-street parking and loading shall be provided as required in Article 20 Parking,Loading,and Interior or Private Street Standards. Section 15.0209 Signs Signs are permitted in accordance with the provisions of Article 21 Sign Code. SECTION 15.0300 CR-2 AND CR-2(MH)SINGLE FAMILY RESIDENCE ZONES Section 15.0301 Statement of Legislative Intent I t is the intent of the CR-2 and CR-2(MH)Single Family Residence Zones to establish low density residential areas consisting of single family dwellings and compatible uses on smaller sized lots.These zones shall provide for the more restrictive requirements associated with a smaller sized lot residential district consistent with community values and needs.Standards consistent with those values and needs and appropriate for a single family residence zone shall:1)stabilize and protect the district's residential character while promoting a suitable environment for family life;2)provide for the access of light and air to windows while providing privacy by controlling the spacing and height of structures;3)require the provisions of open space and regulate signs to enhance the quality of life;and 4)require the provision of off-street parking to promote a safe and effective traffic circulation system. The CR-2 Zone permits single family dwellings of conventional construction only,while the CR-2(MH)Zone also permits mobile home dwellings. Section 15.0302 Permitted Principle Uses • Permitted principle uses shall be limited to any one (1)of the following: 1.One (1)single family dwelling unit,conventional construction, per lot. 2.CR-2(MH)Zone only:one (1)single family dwelling unit, conventional construction,per lot;or one (1)manufactured or mobile home dwelling unit per lot (excludes the use of a recreational vehicle as a dwelling). 3.Public parks,public recreation areas,and publicly owned and operated properties. 4.Public schools. Section 15.0303 Permitted Accessory Uses Accessory uses shall be limited to the following: 1.Keeping of not more than one (1)non -transient or boarder by the resident family. 2.Private basketball court,tennis court,or swimming pool. ORDINANCE NO.382 PAGE 7 OF 20 3.Accessory buildings including storage sheds (no accessory building shall be used for sleeping or living purposes), subject to the requirements of Section 6.0116. 4.Raising of garden crops,vineyard crops,fruits and plants incidental to the residential use of the land and not for retail sales. 5.Home occupation. Section 15.0304 Uses Subject to a Conditional Use Permit Uses as set forth in the R1-43 and R1-43(MH)Single Family Residence Zones as subject to a Conditional Use Permit (see Section 15.1.0104). Section 15.0305 Intensity of Use 1.Minimum lot size shall be eleven thousand (11,000)square feet. 2.Minimum lot width shall be seventy feet (70'). 3.Lots of record of lesser size than 11,000 square feet which exist on the effective date of Ordinance No.382 shall be deemed to comply with the minimum lot size and width requirements of these zones,subject to all other requirements of this Ordinance. 4.Maximum lot coverage by all buildings shall be thirty percent (30%). Section 15.0306 Height Maximum building height shall be twenty-five feet (25'). Section 15.0307 Setbacks The following minimum setbacks shall be required: 1.Front yard .........................25 feet 2.Rear yard ..........................25 feet 3.Side yard ..........................10 feet 4.Street side yard setback of a corner lot shall be a minimum of fifteen feet (15'),except that the street side yard setback of a corner lot adjacent to a key lot shall be the minimum required front yard setback. Section 15.0308 Parking and Loading Off-street parking and loading shall be provided as required in Article 20 Parking,Loading,and Interior or Private Street Standards. Section 15.0309 Signs Signs are permitted in accordance with the provisions of Article 21 Sign Code. SECTION 15.1.0300 R1-8 AND R1-8(MH)SINGLE FAMILY RESIDENCE ZONES Section 15.1.0301 Statement of Legislative Intent I t is the intent of the R1-8 and R1-8(MH)Single Family Residence Zones to establish a medium density single family residential range of living.These zones shall provide for the more restrictive requirements associated with moderate sized lots consistent with community values and needs.Standards consistent with those values and ORDINANCE NO.382 PAGE 8 OF 20 needs and appropriate for a single family residence zone shall:1) stabilize and protect the district's residential character while promoting a suitable environment for family life;2)provide for the access of light and air to windows while providing privacy by controlling spacing and height of structures;3)require the provisions of open space and regulate signs to enhance the quality of life;and 4) require the provision of off-street parking to promote a safe and effective traffic circulation system. The R1-8 Zone permits single family dwellings of conventional construction only,while the R1-8(MH)Zone also permits mobile home dwellings. Section 15.1.0302 Permitted Principle Uses 1.Any permitted principle use in the CR-2 Single Family Residence Zone (see Section 15.0302). 2.R1-8(MH)Zone only:one (1)single family dwelling unit, conventional construction,per lot,or one (1)manufactured or mobile home dwelling unit per lot (excludes the use of a recreational vehicle as a dwelling unit). Section 15.1.0303 Permitted Accessory Uses Accessory uses as permitted in the CR-2 and CR-2(MH)Single Family Residence Zones (see Section 15.0303). Section 15.1.0304 Uses Subject to a Conditional Use Permit Uses as set forth in the R1-43 and R1-43(MH)Single Family Residence Zones as subject to a Conditional Use Permit (see Section 15.1.0104). Section 15.1.0305 Intensity of Use 1.Minimum lot size shall be eleven thousand (11,000)square feet 2.Modification of lot area requirement: Minimum lot size shall be reduced to eight thousand (8,000)square feet for: a.Lots in a subdivision provided that approval for modification of lot area requirement shall not be effective until the subdivision final plat has been approved by the City and recorded in the Office of the County Recorder;or b.Lots in a street improvement district for which the City has ordered the improvements or improvements have been completed;or c.Lots abutting on,or having City approved access to a dedicated public street or streets for which all off -site improvements have been installed to current City standards as specified in the Apache Junction Development Guide. 3.Minimum lot width shall be sixty feet (60'). 4.Lots of record of lesser size than (1)or (2)above which exist on the effective date of Ordinance No.382 shall be deemed to comply with minimum lot size and width requirements of these zones,subject to all other requirements of this Ordinance. ORDINANCE NO.382 PAGE 9 OF 20 5.Maximum lot coverage by all buildings shall be forty percent (40%). Section 15.1.0306 Height Maximum building height shall be twenty-five feet (25'). Section 15.1.0307 Setbacks The following minimum setbacks shall be required: 1.Front yard .............................20 feet 2.Rear yard ..............................25 feet 3.Side yard: a.Interior lots (having alley access):no side yard shall be less than six feet (6')and the total of both side yards shall be not less than sixteen feet (16'). b.Interior lots (without alley access):no side yard shall be less than six feet (6')and one side yard shall not be less than ten feet (10'). 4.Street side yard setback of a corner lot shall be a minimum of fifteen feet (15'),except that the street side yard setback of a corner lot adjacent to a key lot shall be the minimum required front yard setback.The interior side yard shall be a minimum of six feet (6'). Section 15.1.0308 Parking and Loading Off-street parking and loading shall be provided as required in Article 20 Parking,Loading,and Interior or Private Street Standards. Section 15.1.0309 Signs Signs are permitted in accordance with the provisions of Article 21 Sign Code. SECTION 15.0400 CR-3 AND CR-3(MH)SINGLE FAMILY RESIDENCE ZONES Section 15.0401 Statement of Legislative Intent I t is the intent of the CR-3 and CR-3(MH)Single Family Residence Zones to establish medium density residential areas consisting of single family dwellings and compatible uses on small size lots.These zones shall provide for the more restrictive requirements associated with a small lot residential district consistent with community values and needs.Standards consistent with those values and needs and appropriate for a single family residence zone shall:1)stabilize and protect the district's residential character while promoting a suitable environment for family life;2)provide for the access of light and air to windows while providing privacy by controlling the spacing and height of structures;3)require the provisions of open space and regulate signs to enhance the quality of life;and 4)require the provision of off-street parking to promote a safe and effective traffic circulation system. The CR-3 Zone permits single family dwellings of conventional construction only,while the CR-3(MH)Zone also permits mobile home dwellings. Section 15.0402 Permitted Principle Uses Permitted principle uses shall be limited to any one (1)of the following: ORDINANCE NO.382 PAGE 10 OF 20 1.Any permitted principle use in the R1-8 Single Family Residence Zone (see Section 15.1.0302). 2.CR-3(MH)Zone only:one (1)single family dwelling unit, conventional construction,per lot,or one (1)manufactured or mobile home dwelling unit per lot (excludes the use of a recreational vehicle as a dwelling unit). Section 15.0403 Permitted Accessory Uses Accessory uses as permitted in the CR-2 and CR-2(MH)Single Family Residence Zones (see Section 15.0303). Section 15.0404 Uses Subject to a Conditional Use Permit Uses as set forth in the R1-43 and R1-43(MH)Single Family Residence Zones as subject to a Conditional Use Permit (see Section 15.1.0104). Section 15.0405 Intensity of Use 1.Minimum lot size shall be eleven thousand (11,000)square feet 2.Modification of lot area requirement: Minimum lot size shall be reduced to seven thousand (7,000)square feet for: a.Lots in a subdivision provided that approval for modification of lot area requirement shall not be effective until the subdivision final plat has been approved by the City and recorded in the Office of the County Recorder;or b.Lots in a street improvement district for which the City has ordered the improvements or improvements have been completed;or c.Lots abutting on,or having City approved access to a dedicated public street or streets for which all off -site improvements have been installed to current City standards as specified in the Apache Junction Development Guide. 3.Minimum lot width shall be sixty feet (60'). 4.Lots of record of lesser size than (1)or (2)above which exist on the effective date of Ordinance No.382 shall be deemed to comply with minimum lot size and width requirements of these zones,subject to all other requirements of this Ordinance. 5.Maximum lot coverage by all buildings shall be forty percent (40%). Section 15.0406 Height Maximum building height shall be twenty-five feet (25'). Section 15.0407 Setbacks The following minimum setbacks shall be required: 1.Front yard ..........................20 feet 2.Rear yard ...........................20 feet ORDINANCE NO.382 PAGE 11 OF 20 3.Side yard: a.Interior lots (having alley access):no side yard shall be less than five feet (5')and the total of both side yards shall be not less than fourteen feet (14'). b.Interior lots (without alley access):no side yard shall be less than five feet (5')and one side yard shall not be less than ten feet (10'). 4.Street side yard setback of a corner lot shall be a minimum of fifteen feet (15'),except that the street side yard setback of a corner lot adjacent to a key lot shall be the minimum required front yard setback.The interior side yard shall be a minimum of five feet (5'). Section 15.0408 Parking and Loading Off-street parking and loading shall be provided as required in Article 20 Parking,Loading,and Interior or Private Street Standards. Section 15.0409 Signs Signs are permitted in accordance with the provisions of Article 21 Sign Code. SECTION 15.1.0400 R-1 DUPLEX RESIDENCE ZONE Section 15.1.0401 Statement of Legislative Intent I t is the intent of the R-1 duplex residence zone to establish medium density conventionally built residential areas consisting of a mix of single family and duplex units situated on single lots which are compatible uses consistent with community values and needs.Standards consistent with those values and needs for the mix of housing shall:1) stabilize and protect the district's residential character while promoting a suitable environment for family life;2)provide for access of light and air to windows while providing privacy by controlling the spacing and height of structures;and 3)require the provision of off-street parking to promote a safe and effective traffic circulation system. Section 15.1.0402 Permitted Principle Uses Permitted principle uses shall be limited to any one (1)of the following: 1.One (1)single family dwelling per lot,conventional construction. 2.One (1)duplex dwelling per lot. Section 15.1.0403 Permitted Accessory Uses Accessory uses as permitted in the CR-2 and CR-2(MH)Single Family Residence Zones (see Section 15.0303). Section 15.1.0404 Uses Subject to a Conditional Use Permit Uses as set forth in the R1-43 and R1-43(MH)Single Family Residence Zones as subject to a Conditional Use Permit (see Section 15.1.0104). Section 15.1.0405 Intensity of Use 1.Minimum lot size shall be eleven thousand (11,000)square feet ORDINANCE NO.382 PAGE 12 OF 20 2.Modification of lot area requirement: Minimum lot size shall be reduced to six thousand (6,000)square feet for a single family dwelling,or eight thousand (8,000)square feet per duplex dwelling for: a.Lots in a subdivision provided that approval for modification of lot area requirement shall not be effective until the subdivision final plat has been approved by the City and recorded in the Office of the County Recorder;or b.Lots in a street improvement district for which the City has ordered the improvements or improvements have been completed;or c.Lots abutting on,or having City approved access to a dedicated public street or streets for which all off -site improvements have been installed to current City standards as specified in the Apache Junction Development Guide. 3.Minimum lot width shall be sixty feet (60'). 4.Lots of record of lesser size than (1)or (2)above which exist on the effective date of Ordinance No.382 shall be deemed to comply with minimum lot size and width requirements of these zones,subject to all other requirements of this Ordinance. 5.Maximum lot coverage by all buildings shall be fifty percent (50%). Section 15.1.0406 Height Maximum building height shall be twenty-five feet (25'). Section 15.1.0407 Setbacks The following minimum setbacks shall be required: 1.Front yard ..............................20 feet 2.Rear yard ...............................25 feet 3.Side yard: a.Interior lots (having alley access):no side yard shall be less than six feet (6')and the total of both side yards shall be not less than sixteen feet (16'). b.Interior lots (without alley access):no side yard shall be less than six feet (6')and one side yard shall not be less than ten feet (10'). 4.Street side yard setback of a corner lot shall be a minimum of fifteen feet (15'),except that the street side yard setback of a corner lot adjacent to a key lot shall be the minimum required front yard setback.The interior side yard shall be a minimum of six feet (6'). Section 15.1.0408 Parking and Loading Off-street parking and loading shall be provided as required in Article 20 Parking,Loading,and Interior or Private Street Standards. Section 15.1.0409 Signs ORDINANCE NO.382 PAGE 13 OF 20 Signs are permitted in accordance with the provisions of Article 21 Sign Code. SECTION 15.0500 CR-4 MULTIPLE FAMILY RESIDENCE ZONE Section 15.0501 Statement of Legislative Intent I t is the intent of the CR-4 multiple family residence zone to establish medium density conventionally built residential areas consisting of a mix of single family through four-plex units situated on single lots which are compatible uses consistent with community values and needs.Standards consistent with those values and needs for the mix of housing shall:1)stabilize and protect the district's residential character while promoting a suitable environment for family life;2)provide for the access of light and air to windows while providing privacy by controlling the spacing and height of structures; and 3)require the provision of off-street parking to promote a safe and effective traffic circulation system. Section 15.0502.Permitted Principle Uses Permitted principle uses shall be limited to any one (1)of the following: 1.One (1)single family dwelling,conventional construction, per lot. 2.One (1)duplex dwelling per lot. 3.One (1)three-family multiple dwelling per lot. 4.One (1)four -family multiple dwelling per lot. 5.Public parks,public recreation areas,and publicly owned and operated properties. 6.Public schools. Section 15.0503 Permitted Accessory Uses Accessory uses as permitted in the CR-2 and CR-2(MH)Single Family Residence Zones (see Section 15.0303). Section 15.0504 Uses Subject to a Conditional Use Permit 1.Uses as set forth in Section 6.0101. 2.Churches and church -related uses. 3.Private educational institutions offering a curriculum of general instruction comparable to public schools. 4.Golf courses,including practice driving ranges,as an accessory use (except miniature golf course or commercial driving range not accessory to a golf course). 5.Private recreation areas and facilities. 6.Day care center or preschool. 7.Private club,fraternity,sorority,and lodges. 8.Residential health care facility. 9.Boarding houses and rooming houses. 10.Condominiums,new and conversions. 11.Townhouses. ORDINANCE NO.382 PAGE 14 OF 20 12.Dwelling group consisting of permitted dwelling types. Section 15.0505 Intensity of Use 1.Minimum lot size shall be 7,000 square feet. 2.Minimum lot area per dwelling unit for duplex or multiple dwelling shall be 3,500 square feet. 3.Minimum lot width shall be sixty feet (60'). 4.Lots of record of lesser size than 7,000 square feet which exist on the effective date of Ordinance No.382 shall be deemed to comply with the minimum lot size and width requirements of this zone,subject to all other requirements of this Ordinance. 5.Maximum lot coverage by all buildings shall be fifty percent (50%). Section 15.0506 Height 1.Maximum building height shall be twenty-five feet (25'). 2.Building height shall not exceed one (1)story within fifty feet (50')of any single family residential district boundary. Section 15.0507 Setbacks The following minimum setbacks shall be required: 1.Front yard ...............................20 feet 2.Rear Yard .................................25 feet 3.Side Yard: a.Interior lots (having alley access):no side yard shall be less than six feet (6')and the total of both side yards shall be not less than sixteen feet (16'). b.Interior lots (without alley access):no side yard shall be less than six feet (6')and one side yard shall not be less than ten feet (10'). 4.Street side yard setback of a corner lot shall be a minimum of fifteen feet (15'),except that the street side yard setback of a corner lot adjacent to a key lot shall be the minimum required front yard setback.The interior side yard shall be a minimum of six feet (6'). Section 15.0508 Distance Between Main Buildings There shall be a minimum distance of fourteen feet (14')between main buildings. Section 15.0509 Open Space 1.There shall be a minimum of ten percent (10%)of the net area provided as common usable open space,recreational area,or recreational facility,such area shall not include: a.Private or public streets,alleys,and other rights -of -way. b.Vehicular drives,parking,loading and storage areas. ORDINANCE NO.382 PAGE 15 OF 20 c.Tracts or areas having a dimension of less than twenty feet (20'). d.Areas encumbered by improvements rendering the area unusable for recreation. 2.Private open space shall be provided adjacent to each dwelling unit equal to a minimum of ten percent (10%)of the gross floor area of the dwelling unit,except that for dwelling units above the first floor this open space requirement may be satisfied by providing a balcony or balconies equal to a minimum of five percent (5%)of the gross floor area of the dwelling unit with a minimum width of a balcony used to satisfy this requirement to be eight feet (8'). Section 15.0510 Parking and Loading Off-street parking and loading shall be provided as required in Article 20 Parking,Loading,and Interior or Private Street Standards. Section 15.0511 Signs Signs are permitted in accordance with the provisions of Article 21 Sign Code. SECTION 15.0600 CR-5 MULTIPLE FAMILY RESIDENCE ZONE Section 15.0601 Statement of Legislative Intent I t is the intent of the CR-5 Multiple Family Residence Zone to establish high density residential areas consistent with community values and needs.Standards consistent with those values and needs for a multiple family residence zone shall:1)stabilize and protect the district's residential character while promoting a suitable environment for family life;2)provide for access of light and air to windows while providing privacy by controlling the spacing and height of structures;3)provide for a level of amenities and open space commensurate with the need of higher concentrations of population;and 4)require the provision of off-street parking to promote a safe and effective traffic circulation system. Section 15.0602 Permitted Principle Uses Permitted principle uses shall be limited to: 1.Duplex dwellings. 2.Multiple family dwellings. 3.Dwelling groups consisting of permitted dwelling types. 4.Public parks,public recreation areas,and publicly owned and operated properties. 5.Public schools. Section 15.0603 Permitted Accessory Uses Accessory uses as permitted in the CR-2 and CR-2(MH)Single Family Residence Zones (see Section 15.0303). Section 15.0604 Uses Subject to a Conditional Use Permit 1.Uses as set forth in Section 6.0101. 2.Churches and church -related uses. ORDINANCE NO.382 PAGE 16 OF 20 3.Private educational institutions offering a curriculum of general instruction comparable to public schools. 4.Golf courses,including practice driving ranges,as an accessory use (except miniature golf course or commercial driving range not accessory to a golf course). 5.Private recreation areas and facilities. 6.Day care center or preschool. 7.Private club,fraternity,sorority,and lodges. 8.Residential health care facility. 9.Boarding houses and rooming houses. 10.Condominiums,new and conversions. 11.Townhouses. 12.Single family dwellings. Section 15.0605 Intensity of Use 1.Minimum lot size shall be 10,000 square feet. 2.Minimum lot area per dwelling unit shall be 2,000 square feet. 3.Minimum lot width shall be seventy feet (70'). 4.Lots of record of lesser size than 10,000 square feet which exist on the effective date of Ordinance No.382 shall be deemed to comply with the minimum lot size and width require- ments of this zone,subject to all other requirements of this Ordinance. 5.Maximum lot coverage by all buildings shall be fifty percent (50%). Section 15.0606 Height 1.Maximum building height shall be twenty-five feet (25'). 2.Building height shall not exceed one (1)story within fifty feet (50')of any single family residential district boundary. Section 15.0607 Setbacks The following minimum setbacks shall be required: 1.Front yard .........................25 feet 2.Rear yard ..........................35 feet 3.Side yard ..........................10 feet 4.Street side yard setback of a corner lot shall be a minimum of fifteen feet (15'),except that the street side yard setback of a corner lot adjacent to a key lot shall be the minimum required front yard setback. Section 15.0608 Distance Between Main Buildings There shall be a minimum distance of fourteen feet (14')between main buildings. ORDINANCE NO.382 PAGE 17 OF 20 Section 15.0609 Open Space 1.There shall be a minimum of ten percent (10%)of the net area for residential uses maintaining a density not exceeding 3,500 square feet of net area per dwelling unit,or fifteen percent (15%)of the net area for residential uses exceeding a density of 3,500 square feet of net area per dwelling unit,provided as common usable open space,recreational area or recreational facility,such area shall not include: a.Private or public streets,alleys,and other rights -of -way. b.Vehicular drives,parking,loading and storage areas. c.Tracts or areas having a dimension of less than twenty feet (20'). d.Areas encumbered by improvements rendering the area unusable for recreation. 2.Private open space shall be provided adjacent to each dwelling unit equal to a minimum of ten percent (10%)of the gross floor area of the dwelling unit,except that for dwelling units above the first floor this open space requirement may be satisfied by providing a balcony or balconies equal to a minimum of five percent (5%)of the gross floor area of the dwelling unit with a minimum width of a balcony used to satisfy this requirement to be eight feet (8'). Section 15.0610 Parking and Loading Off-street parking and loading shall be provided as required in Article 20 Parking,Loading,and Interior or Private Street Standards. Section 15.0611 Signs Signs are permitted in accordance with the provisions of Article 21 Sign Code. Section 15.0801 Uses Permitted 1.Any use permitted in the CR-3 Zone. 2.Mobile home park. 3.Travel trailer or recreational vehicle park. 4.Mobile home subdivisions. 5.Mobile homes and manufactured homes on individual lots (not in a recorded subdivision). Section 15.0803 Mobile Home Subdivisions and Lots Not in a Recorded Subdivision 1.Not more than one (1)mobile home,manufactured home,or single family dwelling shall be permitted on any one (1) lot. 2.Mobile home subdivisions of ten (10)or more acres in area shall be screened around their perimeters,except for gates and acccessways,by an opaque fence or solid wall,of not less than five feet (5')nor more than six feet (6')in height measured on the fence or wall from outside the subdivision. 3.Maximum building height shall be twenty-five feet (25'). 4.Minimum lot area shall be 8,000 square feet. ORDINANCE NO.382 PAGE 18 OF 20 5.Minimum lot width shall be sixty feet (60'). 6.Maximum lot coverage shall be forty percent (40%). 7.Setbacks: The following minimum setbacks shall be required: a.Front yard .......................20 feet b.Rear yard ........................20 feet c.Side yard ........................10 feet d.Street side yard setback of a corner lot shall be a minimum of fifteen feet (15'),except that the street side yard setback of a corner lot adjacent to a key lot shall be the minimum required front yard setback. Section 15.0805 (Deleted) Section 15.0806 Upon the effective date of Ordinance No.382,no property shall be developed,used,nor lots created in accordance with the provisions of Section 15.0803 unless the property was zoned TH prior to the effective date of Ordinance No.382.This restriction shall not be applicable to property zoned TH after the effective date of Ordinance No.382 for which there was a complete application for rezoning filed and advertised for public hearing prior to the effective date of Ordinance No.382. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,sub -section,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 unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. SECTION IV EMERGENCY CLAUSE I t is necessary for the preservation of the peace,health,and safety of the City of Apache Junction,Arizona,that this Ordinance become effective immediately,an emergency is hereby declared to exist and this Ordinance shall be effective immediately upon passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 17TH DAY OF SEPTEMBER , 19 85 . ORDINANCE NO.382 PAGE 19 OF 20 22 Norman S.Hill Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: City Attorney ORDINANCE NO.382 PAGE 20 OF 20