HomeMy WebLinkAboutORD312ORDINANCE NO.312
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,AMENDING "THE CODE OF THE CITY OF APACHE JUNCTION,ARIZONA,
VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,"BY AMENDING
"ARTICLE XXIII,SECTION 2329,SWIMMING POOLS";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 Code of the City of Apache Junction,Arizona,Volume II,Land
Development Code,Chapter 1,Zoning Ordinance,"shall be amended by amending
"Article XXIII,Section 2329,Swimming Pools,"to read as follows:
"SECTION 2329 SWIMMING POOLS,POOLS,AND PONDS
Definition:For the purpose of this Section,the term 'Pool'shall
include inground or aboveground swimming pools,wading
pools,fish ponds,shallow decorative ponds,and/or
any body of contained water in excess of an eighteen
inch (18")depth or in a hazardous location accessible
to children.
a.Enclosure Details:
All pools shall be enclosed by a concrete wall,masonry wall,
or fencing not more than six feet (6')in height nor less than
five feet (5')in height and maintained in good repair and
condition."
If the wall,fence,or gate material is of such design or
construction that there are openings in the enclosure,all
such openings shall be of such size that a spherical obj-e a
three inches (3")in diameter cannot pass through the opening.
I f the wall,fence,or gate material is of such design or
construction that there are openings between the underlying
ground and the bottom of the wall,fence,or gate,all such
openings shall be of such size that a sperical object three
inches (3")in diameter cannot pass under such opening.
b.Gates and Latches:
All pools shall have constructed and maintained in good working
condition,self latching and self closing gates i f access
openings are provided in pool walls or fences.
Latches shall be located at least four and one-half feet (41')
above the underlying ground on the inside of the enclosure and
with no means of opening the gate from the outside other than
by reaching over the enclosure and otherwise made inaccessible
from the outside to small children.
c.Location:
1)In the CR-1,CR-2,and CR-3 zones,pools shall be permitted,
provided such pool is located in the rear yard or buildable
area behind the main building on the lot or parcel,no
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.
2)In districts other than the CR-1,CR-2,and CR-3 zones,
pools shall be permitted,provided such 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.
3)On a corner lot in any residence or CR-1 zone,the rear of
which abuts the side of a residential lot,pools 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.
4)No public swimming pool shall be located closer than
twenty-five feet (25')to any lot line of the lot on which
i t is situated."
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
If any section,sub -section,sentence,phrase,clause,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 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 18TH DAY OF DECEMBER ,19 84 •
ATTEST:
Kathleen Connelly
City Clerk
APPROVED AS TO FORM:
Day .F.'lexana-r
City Attorney
Wendell J.C ar
Mayor