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HomeMy WebLinkAboutORD443ORDINANCE NO.443 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA;AMENDING THE APACHE JUNCTION,ARIZONA ZONING ORDINANCE,BY AMENDING SECTION 19.0106 DEVELOPMENT STANDARDS,PARAGRAPH 3 USABLE OPEN AREA;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. 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 Section 19.0106 (3)to read as follows: 3.Usable Open Area a.Open space,dedicated or reserved as common usable open area, shall be clearly designated on the plan as to the character of use and development.This open space shall not include: 1)Non -recreational buildings. 2)Private or public streets,alleys or other rights- of way. 3)Vehicular drives,parking,loading and storage areas. 4)Tracts or areas having a dimension of less than twenty feet (20'). b.The amount and character of open space shall be approved by the City Council as part of the preliminary plan approval. The Planning and Zoning Commission may,at the time of the Commission's hearing on the base zoning,make a recommendation to the City Council on the amount and character of open space appropriate for the proposed development. 1)The amount and character of open space approved should be sufficient to provide recreational opportunities and open space for owners,residents, tenants and users of the development or the general public,and to provide sufficient buffer yards between adjacent uses and along streets. 2)The following shall be used as a guideline in establishing the approximate percentage of total development area required for open space,with any reduction granted or increase in open space required,to be based on consideration of the criteria in (1)above. a)For residential planned developments: Ten percent (10%)open space for developments with a density of less than five (5)dwelling units per acre;fifteen percent (15%)open space for developments with a density of five to ten (5-10)dwelling units per acre;and twenty percent (20%)for developments with a density in excess of ten (10)dwelling units per acre. b)For commercial,industrial or mixed- use planned developments:twenty percent (20%)open space. 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 19TH DAY OF NOVEMBER ,19 85 ATTEST: fafrttl e ) Kathleen Connelly City Clerk APPROVED AS TO FORM: (1 1 ,,b •A-6. - .Ale s: Attorney Norman S.Hill Mayor