HomeMy WebLinkAboutORD1239ORDINANCE NO.1239
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY
CODE,VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING
ORDINANCE,BY AMENDING ARTICLE 5,DEFINITIONS,SECTION
5.0101-,AND ARTICLE 6,GENERAL PROVISIONS AND EXCEPTIONS,
SECTION 6.0128,SWIMMING POOLS,POOLS,AND PONDS,IN CASE
AM -1-05;REPEALING ANY CONFLICTING PROVISIONS;AND
PROVIDING FOR SEVERABILITY.
WHEREAS,the existing swimming'-pool regulations for the City of
Apache Junction have .been, largely unchanged In over 25 years:and
WHEREAS,said regulai'ions make the placement of swimming pools
more difficult on smaller:sized lots:, part,icularly in new developments
within the community;and'''
WHEREAS,the City of Apache Junction General Plan includes a
Water Resources Element,more specifically "Goal Two",that identifies
the need to develop,drought responses;and
WHEREAS,on June 28,2005,the Apache Junction Planning and
Zoning Commission,at its. regularly scheduled public hearing,voted 6
to -0 (unanimously)to recommend approval of a text amendment relating
to swimming pools and decbrative water features.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF APACHE JUNCTION,ARIZONA THAT:
SECTION I:IN GENERAL
The Apache Junction City Code,Volume II,Land Development Code,
Chapter I ,Zoning Ordinance,shall be amended by amending portions of
Article 5,Definitions,Section 5.0101,to read as follows:
Pool [See Swimming Pool].
Swimming Pool shall mean any man-made body of contained water in excess
of eighteen inches (18")in depth that is intended for the purposes of
ORDINANCE NO.1239
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swimming,diving or recreational bathing,including in -ground or above-
ground swimming pools.wading. 'pools,or any similar body of water.
Decorative Water Feature shall mean any man-made body of water or a
structure containing a body of water not intended for swimming,diving,
or recreational bathing,such as a fish pond,waterfall or fountain,
but does not include water tanks,retention basins,storage ponds,or
similar functional types of facilities that are not intended to be
primarily decorative in nature.
The Apache Junction City Code,Volume II,Land Development Code,
Chapter 1,Zoning Ordinance,shall be amended in its entirety with the
following new title and language:Article 6,General Provision's and
Exceptions,Section 6.0128,Swimming Pools,Pools,and Ponds.
Section 6.0128,Swimming Pools and Decorative Water Features
1.Swimming pools are permitted in all residential and commercial
zones,subject to the following restrictions:
a.For all single-family residences,swimming pools are
to be located no closer than three feet (3')from the
side and rear property lines and shall not be constructed
beyond the furthermost portion of the front facade of
the dwelling.
b.For all multi -family residences and for all commercial
or civic uses,swimming pools are to comply with the
required setbacks for the zone in which they are located.
c.Swimming pools shall comply with the provisions of Apache
Junction City Code,Chapter 7,Building.Article 7-4,
Requirements for Swimming Pool Enclosures.
d.Pools shall not be filled during a "drought emergency"i f
declared by the Mayor.This declaration shall not prevent
the replacement of water lost due to evaporation.
2.Decorative water features are permitted in all zones,subject to
the following restrictions:
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a: Water features shall meet the required side -yard setback
for the zone in which they are located,shall be no closer
than ten feet (10')from the front lot line,and shall be
no closer than three feet (3')from the rear lot line.
b.Portions of water features where the water is deeper than
eighteen inches (18")in depth shall provide a physical
barrier or feature that prevents access to the deeper
water by small children.
c.Water features shall not be operated nor filled during a
"drought emergency';:if_deqlared by the Mayor.This
declaration sKaTi.,not )*event -the replacement of water
lost due to:.evOgrationlp:w4.0 features that contain
live animals and/or plants at the time of the declaration.
SECTION II:REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
SECTION III:PROVIDING FOR SEVERABILITY
If any section,subsection,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 20TH DAY OF SEPTEMBER ,2005.
SIGNED AND ATTESTED TO THIS 17THm DAY OF OCTOBER ,2005.
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DOUGLAS LEMAN
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk •
APPROVED AS TO FORM:
16 0,OS
RICHARD JOEL STERN
City Attorney
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