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HomeMy WebLinkAboutORD332ORDINANCE NO.332 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 ADDING "SECTION 1511 PROHIBITION OF REZONINGS TO CB -1 LOCAL BUSINESS ZONE,""SECTION 1611 PROHIBITION OF REZONINGS TO CB -2 GENERAL BUSINESS ZONE,"AND "ARTICLE 34 COMMERCIAL DISTRICTS";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 adding "SECTION 1511 PROHIBITION OF REZONINGS TO CB -1 LOCAL BUSINESS ZONE,""SECTION 1611 PROHIBITION OF REZONINGS TO CB -2 GENERAL BUSINESS ZONES,"and "ARTICLE 34 COMMERCIAL DISTRICTS,"to read as follows: SECTION 1511_PROHIBITION OF REZONINGS TO CB -1 LOCAL BUSINESS ZONE Upon the effective date of Ordinance No.332 and henceforth,no application by petition or Council or Commission initiative to amend the Apache Junction,Arizona,Zoning Ordinance by amending the Zoning Map changing the zoning district classification of any property in the City to CB -1 Local Business Zone shall be accepted for filing or acted upon by the Planning and Zoning Commission or City Council.This prohibition shall not be applicable to any complete application for rezoning filed and advertised for public hearing prior to the effective date of Ordinance No.332. SECTION 1611 PROHIBITION OF REZONINGS TO CB -2 GENERAL BUSINESS ZONE Upon the effective date of Ordinance No.332 and henceforth,no application by petition or Council or Commission initiative to amend the Apache Junction,Arizona,Zoning Ordinance by amending the Zoning Map changing the zoning district classification of any property in the City to CB -2 General Business Zone shall be accepted for filing or acted upon by the Planning and Zoning Commission or City Council.This prohibition shall not be applicable to any complete application for rezoning filed and advertised for public hearing prior to the effective date of Ordinance No.332. ORDINANCE NO.332 PAGE 1 OF 15 ARTICLE 34 COMMERCIAL DISTRICTS SECTION 34.0100 C-1 NEIGHBORHOOD COMMERCIAL/CONVENIENCE DISTRICT Section 34.0101 STATEMENT OF LEGISLATIVE INTENT I t is the intent of the C-1 Neighborhood Commercial/ Convenience District to provide for certain areas in the City for retail businesses and services that serve primarily the residents of the immediate residential area.The District shall allow only convenience and personal service establishments generally compatible with residential uses.By limiting the number of uses and intensity of development through restricting floor area,the surrounding residential districts shall be protected from excessive levels of noise or other nuisances. Section 34.0102 PERMITTED PRINCIPLE USES 1.Residential Use Types One single-family dwelling,conventional construction,per lot (permitted in addition to permitted civic or commercial uses on a lot). 2.Civic Use Types Administrative services for nonprofit organizations Clinic services Cultural exhibits and library services Day care/schools (excluding trade or vocational schools and music or dance studios) Fire protection services Religious assembly 3.Commercial Use Types All commercial and civic use types shall be conducted wholly within an enclosed building,unless otherwise specified,and any use operating as a store,shop,or business shall be a retail establishment and all products produced on the premises shall be sold at retail on the premises. Administrative and professional services,business support services,including mimeographing and duplicating,but excluding printing Convenience sales Eating establishments:no alcoholic beverages or drive-in types Food and beverage retail sales ORDINANCE NO.332 PAGE 2 OF 15 Insurance and real estate services Medical services Office:business,professional,or semi-professional Personal services:general Apparel repair or alteration Arts or crafts:instruction or studio,excluding on -site welding or kiln Barber or beauty shop Catering service Custom dressmaking,millinery,hemstitching,or pleating Custom weaving or mending Dog grooming Dry cleaning (collection and distribution station only) Laundry:collection and distribution station; self-service Photo finishing,excluding on -premise processing (collection and distribution station only:may include incidental retail sale of photographic supplies) Television and radio repair Retail sales Antique store Apparel store Art,needlework,or handweaving establishment Bakery Bicycle shop (no sale or servicing of motor- scooters or motorcycles) Book,newspaper,magazine,stationery,art or drawing supply store Cafe,lunchroom Dealer in coins,stamps,or similar collector's items Delicatessen store Drug store Dry goods or notions store Electrical appliance store ORDINANCE NO.332 PAGE 3 OF 15 Florist shop Frozen food locker Furniture store Gift,curio,novelty,toy,or hobby shop Grocery,fruit or vegetable store Hardware store Ice station for packaged goods Jewelry store or jewelry and watch repair Leather goods store Meat,fish,or dressed poultry market;provided no live animals,fish,or fowl are kept on the premises Nursery or greenhouse Pawn shop Photographic studio or photographic supply store Shoe store or shoe repair shop Sporting goods,hunting and fishing equipment store Tailor shop Taxicab stand 4.Uses similar to those listed in subsections 1 through 3 shall be permitted upon determination by the Zoning Administrator that such use is of the same general character as at least one of those listed. Section 34.0103 PERMITTED ACCESSORY USES Uses and structures customarily incidental to permitted uses. Section 34.0104 USES SUBJECT TO A CONDITIONAL USE PERMIT 1.Residential Use Types Mobile home dwelling as a caretaker's residence and only i f compatible with surrounding neighborhood. 2.Civic Use Types (privately operated) Community recreational,social,or multi -purpose facility Group care facilities Lodge,fraternal,and civic assembly Postal services ORDINANCE NO.332 PAGE 4 OF 15 3.Commercial Use Types Automotive parking Communications services Establishments serving or selling alcoholic beverages Section 34.0105 STORAGE All storage shall be within an enclosed building,unless otherwise noted. Section 34.0106 INTENSITY OF USE 1.Maximum gross floor area for permitted uses,including storage,other than residential,shall be 2,500 square feet. 2.Minimum lot size shall be 6,000 square feet. Section 34.0107 SITE COVERAGE Maximum lot coverage by all buildings shall be fifty percent (50%). Section 34.0108 HEIGHT Maximum building height shall not exceed twenty feet (20') above grade at the building line. Section 34.0109 SETBACKS 1.Any street frontage on corner lot or multiple street lot:twenty feet (20'). 2.The following minimum setbacks shall be required: a.Front yard .........................20 feet b.Rear yard ..........................25 feet c.Side yard ..........................7 feet (However,i f there is not access to the rear of property by a public right-of-way,at least one (1)side setback shall be a minimum of ten feet (10')for emergency access.) d.Accessory structure located in the rear yard: seven feet (7')from rear and side property lines,however the restrictions related to emergency access noted under subsection c above shall be met. 3.There shall be a six foot (6')high masonry wall on the rear and side property lines that are adjacent to any residential district,unless the side or rear yard abuts a public roadway which is adjacent to a residential district,then no wall shall be required on that property line. Section 34.0110 PARKING AND LOADING Off-street parking and loading facilities shall be provided as required in Article 21 Parking,Loading,and Interior or Private Street Standards. ORDINANCE NO.332 PAGE 5 OF FIFTEEN I SECTION 34.0200 C-2 LOCAL COMMERCIAL DISTRICT Section 34.0201 STATEMENT OF LEGISLATIVE INTENT I t is the intent of the C-2 Local Commercial District to provide for the shopping and personal service needs of a neighborhood or a large segment of the City with additional services to business establishments.A wide range of services and variety of merchandise shall be permitted.The surrounding residential districts shall be protected by limiting uses to those compatible with residential uses and providing appropriate setbacks.Certain uses having a potential for noncompatibility with surrounding uses may be permitted as conditional uses. Section 34.0202 PERMITTED PRINCIPLE USES 1.Residential Use Types Residential uses as permitted in the C-1 District. 2.Civic Use Types Civic use types as permitted in the C-1 District. Group care facility Lodge,fraternal,and civic assembly Postal services Schools (including music and dance studios; excluding trade and vocational schools) 3.Commercial Use Types All commercial and civic uses shall be conducted wholly within and enclosed building,unless other- wise specified,and any use operating as a store, shop,or business shall be a retail establishment and all products produced on the premises shall be sold at retail. Commercial use types as permitted in the C-1 District Animal sales and services:veterinary (small animals);grooming Financial services Personal services ORDINANCE NO.332 PAGE 6 OF 15 Clothes cleaning agencies and laundromats; excluding industrial cleaning and dyeing Fitness studio or health club Mortuary,crematory Taxicab stand Retail sales Department or variety store Hardware store Supermarket 4.Uses similar to those listed in subsections 1 through 3 shall be permitted upon determination by the Zoning Administrator that such use is of the same general character as at least one of those listed. Section 34.0203 PERMITTED ACCESSORY USES Uses and structure customarily incidental to permitted uses. Section 34.0204 USES SUBJECT TO A CONDITIONAL USE PERMIT Alcoholic beverage sales Animal sales and service:veterinary (large animals) Automotive and equipment:storage of recreational vehicles and boats (all storage shall be enclosed within a building or completely screened from view from outside the site boundaries) Automotive parts store,provided no rebuilding or machining of auto parts is performed Participant sports,recreation and entertainment:indoor Spectator sports,recreation and entertainment:indoor Section 34.0205 STORAGE All storage shall be within an enclosed building,unless otherwise noted. Section 34.0206 INTENSITY OF USE 1.Minimum lot size shall be 15,000 square feet. 2.Minimum lot width shall be eighty feet (80'). 3.Minimum floor area per business shall be 4,000 square feet. Section 34.0207 SITE COVERAGE Maximum site coverage by all buildings shall be fifty percent (50%). Section 34.0208 HEIGHT Maximum building height shall not exceed twenty feet (20'); except that with the approval of a Conditional Use Permit,the height may be extended. ORDINANCE NO.332 PAGE 7 OF 15 Section 34.0209 SETBACKS 1.The following minimum setbacks shall be required: a.Front yard .........................20 feet b.Rear yard ..........................25 feet c.Side yard: The following minimum setbacks noted in subsections (1)and (2)below shall apply: (1)Commercial,residential,or mixed use abutting a commercial or industrial district ..................10 feet (2)Commercial,residential,or mixed use abutting a residential zoning district ...........................25 feet 2.There shall be a six foot (6')high masonry wall on the rear and side property lines that are adjacent to any residential district,unless the side or rear yard abuts a public roadway which is adjacent to a residential district,then no wall shall be required on that property line. Section 34.0210 PARKING AND LOADING Off-street parking and loading facilities shall be provided as required in Article 21 Parking,Loading,and Interior or Private Street Standards. SECTION 34.0300 C-3 GENERAL COMMERCIAL DISTRICT Section 34.0301 STATEMENT OF LEGISLATIVE INTENT The C-3 District is intended to create and enhance commercial areas where a wide range of retail goods and services are permitted.Typically,the C-3 District would be applied where central area commercial facilities were desired in association with the administrative and office uses.Various applications of the C-3 District can create community or regional shopping complexes, central business districts,certain highway oriented commercial uses,or small but highly diverse commercial development.In addition,minimum lot sizes were established to promote the clustering of commercial activities and to facilitate the assembly of parcels for larger commercial developments. Section 34.0302 PERMITTED PRINCIPLE USES 1.Residential Use Types Residential use types shall not be permitted in the C-3 District;except by Planned Development. ORDINANCE NO.332 PAGE 8 OF FIFTEEN I 2.Civic Use Types Civic use types as permitted in the C-2 District. Ambulance services Day care/schools:trade and vocational schools Lodge,fraternal,civic assembly (sales of alcoholic beverages permitted) 3.Commercial Use Types Commercial use types as permitted in the C-2 District. Agricultural/horticultural sales and services Nurseries (outdoor display permitted) Animal sales and services:veterinary (large animals);kennel Automotive and light equipment:cleaning;repairs; storage of automobiles,recreational vehicles,and boats;sales/rentals of auto and light equipment, including motorcycles. Eating,drinking,and entertainment establishments (sales of alcoholic beverages permitted,and includes drive-in types) Participant and spectator sports:indoor Printing,blueprinting,engraving Radio and television stations (excluding trans- mitting towers) Repairs,services,consumer products Retail sales ORDINANCE NO.332 PAGE 9 OF 15 Gasoline dispensing stations,provided the following are complied with: Has at least one (1)street frontage having a minimum width of 150 feet;any pump island or canopy shall be located at least thirty feet (30')from any property line;outside display,either permanent or temporary,of tires,oil,and other auxiliary items for sale shall be permitted only i f located on the pump island or at least forty feet (40') from the street property line;and no more than one (1)display rack for each type of item is permitted. Liquor stores Transient habitation:hotels;motels Wholesale,storage,and distribution: wholesale sales of products permitted for retail sales in the C-3 District and only incidental to retail sales of the products on the premises;mini -warehouses,provided that only storage is permitted and no retailing is permitted from these facilities. Section 34.0303 PERMITTED ACCESSORY USES Uses and structures customarily incidental to permitted principle uses. Section 34.0304 USES SUBJECT TO A CONDITIONAL USE PERMIT 1.Residential Use Types Caretaker's residence 2.Civic Use Types (Reserved) 3.Commercial Use Types Automotive and equipment:repairs,heavy equipment; sales/rentals,farm equipment Construction sales and services (no outdoor storage of materials) Participant and spectator sports,recreation and entertainment:outdoor Scientific research and development laboratories Unscreened display of any products for sale on the premises 4.Other similar uses as determined by the Planning and Zoning Commission to be no more detrimental or obnoxious than the uses above listed. Section 34.0305 OPERATIONS AND STORAGE All operations shall be conducted within an enclosed building,unless otherwise permitted,and all storage of machinery, equipment,or inventory shall be screened from view from outside the site boundaries by a six foot (6')high masonry wall or screening fence (unless unscreened storage is otherwise permitted); except that the items for sale on the premises may be exposed to view from outside the site boundaries i f located within an enclosed building (window display). Section 34.0306 INTENSITY OF USE Minimum lot size shall be 20,000 square feet. Section 34.0307 SITE COVERAGE Maximum lot coverage shall be sixty percent (60%). ORDINANCE NO.332 PAGE 10 OF 15 Section 34.0308 HEIGHT Maximum building height shall' be thirty feet (30');except that with the approval of a Conditional Use Permit,the height may be extended. Section 34.0309 SETBACKS 1.The following minimum setbacks shall be required: a.Front yard or any yard with a street frontage on a corner lot or multiple street frontage lot: 1)Fifty feet (50')i f off-street parking is provided in front of the building;or 2)Twenty-five feet (25')i f all off-street parking is provided in the rear or side. 3)No more than one (1)yard with frontage on a corner lot or multiple street frontage shall be required to be in excess of twenty-five feet (25'). b.Rear yard: 1)Twenty-five feet (25');or 2)Ten feet (10')i f no access or servicing is provided to rear of property;twenty-five feet (25')i f abutting a residential district. c.Side yard:ten feet (10');twenty-five feet (25') i f abutting a residential district. 2.There shall be a six foot (6')high masonry wall on the rear and side property lines that are adjacent to any residential district,unless the side or rear yard abuts a public roadway which is adjacent to a residential district,then no wall shall be required on that property line. Section 34.0310 PARKING AND LOADING Off-street parking and loading facilities shall be provided as required in Article 21 Parking,Loading,and Interior or Private Street Standards. SECTION 34.0400 C-4 HEAVY COMMERCIAL DISTRICT Section 34.0401 STATEMENT OF LEGISLATIVE INTENT The C-4 District is intended to provide locations in the City for the heaviest type of commercial uses,highway -oriented commercial,or restricted light industrial uses.Large lot requirements were established to facilitate the assembly of parcels ORDINANCE NO.332 PAGE 11 OF FIFTEEN for large commercial development.Locations for C-4 Districts should be selected which provide protection to the surrounding neighborhood and do not present a poor image of the community. Section 34.0402 PERMITTED PRINCIPLE USES 1.Residential Use Types Residential use types shall not be permitted in the C-4 District;except by Planned Development. 2.Civic Use Types Civic use types as permitted in the C-3 District. 3.Commercial Use Types Commercial use types as permitted in the C-3 District. Automotive and equipment:sales/rentals of auto- mobiles,heavy equipment,and recreational vehicles (unscreened display of inventory permitted);repairs, heavy equipment;storage,operating vehicles and equipment. Boat sales (unscreened display of inventory permitted. Construction sales and services Mobile home sales (unscreened display of inventory permitted) Wholesale,storage,and distribution of goods permitted for sale at retail in the C-4 District and only as incidental to retail sales of the products on the premises 4.Uses similar to those listed in subsections 1 through 3 shall be permitted upon determination by the Zoning Administrator that such use is of the same general character as at least one of those listed. Section 34.0403 PERMITTED ACCESSORY USES Uses and structures customarily incidental to permitted uses. Section 34.0404 USES SUBJECT TO A CONDITIONAL USE PERMIT 1.Residential Use Types Caretaker's residence 2.Civic Use Types Heliports 3.Commercial Use Types Drive-in theaters ORDINANCE NO.332 PAGE 12 OF 15 Participant and spectator sports,recreation and entertainment:outdoor Radio and television station transmitting towers Swap meets:outdoor Unscreened display of goods for sale on the premises 4.Industrial Use Types Manufacturing and processing involving the on -site production or assembly of goods by hand manufacture which involves only the use of hand tools or mechanical equipment not exceeding two (2)horsepower each or a single kiln not exceeding eight (8)cubic feet in volume.No use shall be permitted which is likely to be dangerous,offensive,or detrimental to the health,safety,welfare,or general character of this zoning district,neighboring uses,or of the community by reason of the emission of dust,gas, smoke,noise,fumes,odors,vibration,glare,or otherwise. Automotive and equipment:body or paint shop Blacksmith or welding shop Boat building and repair Cabinet shop Cleaning and dyeing plant Electronic components assembly Instrument manufacturing Machine shop Pottery manufacturing Sheet metal shop Sign shop Upholstery shop 5.Other similar uses as determined by the Planning and Zoning Commission to be no more detrimental or obnoxious than the uses above listed. Section 34.0405 OPERATIONS AND STORAGE All operations shall be conducted within an enclosed building,unless otherwise permitted,and all storage of machinery, equipment,or inventory shall be screened from view from outside the site boundaries by a six foot (6')high masonry wall or screening fence (unless unscreened storage is otherwise permitted); except that the items for sale on the premises may be exposed to view from outside the site boundaries i f located within an enclosed building (window display). ORDINANCE NO.332 PAGE 13 OF 15 1 Section 34.0406 INTENSITY OF USE Minimum lot size shall be 20,000 square feet. Section 34.0407 SITE COVERAGE Maximum lot coverage shall be seventy-five percent (75%). Section 34.0408 HEIGHT Maximum building height shall be thirty feet (30');except that with the approval of a Conditional Use Permit,the height may be extended. Section 34.0409 SETBACKS 1.The following minimum setbacks shall be required: a.Front yard or any yard with a street frontage on a corner of multiple street frontage lot: 1)Fifty feet (50')i f off-street parking is provided in front of the building;or 2)Twenty-five feet (25')i f off-street parking is provided in the rear or side. 3)No more than one yard with street frontage on a corner or multiple lot shall be required to be in excess of twenty-five feet (25'). b.Rear yard: 1)Twenty-five feet (25');thirty -feet (30')i f abutting a residential district;or 2)Ten feet (10')i f no access or servicing is provided;twenty-five feet (25')i f abutting a residential district. c.Side yard:ten feet (10');twenty-five feet (25')of abutting a residential district. 2.There shall be a six foot (6')high masonry wall on the rear and side property lines that are adjacent to any residential district,unless the side or rear yard abuts a public roadway which is adjacent to a residential district,then no wall shall be required on that property line. Section 34.0410 PARKING AND LOADING Off-street parking and loading facilities shall be provided as required in Article 21 Parking,Loading,and Interior or Private Street Standards. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts or ordinances in conflict with the provisions of this Ordinance,or any part of the code adopted herein by reference,are hereby repealed. ORDINANCE NO.332 PAGE 14 OF 15 SECTION III PROVIDING FOR SEVERABILITY I f any section,sub -section,sentence,phrase,or 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 19TH DAY OF FEBRUARY ,19 85 . ATTEST: ATHLEEN CONN CITY CLERK ELY APPROVED AS TO FORM: CITY\ATTORNEY ORDINANCE NO. PAGE 15 OF 15 WENDELL J.CUARKE MAYOR