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HomeMy WebLinkAboutORD1218ORDINANCE NO.1218 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 20 PARKING,LOADING,AND INTERIOR OR PRIVATE STREET STANDARDS,IN CASE AM -2-04:REPEALING ANY CONFLICTING PROVISIONS:AND PROVIDING FOR SEVERABILITY. WHEREAS,the existing parking regulations for the City of Apache Junction have been largely unchanged in over 25 years;and WHEREAS,said regulations make the development,redevelopment, and reuse of existing and new developments difficult,particularly in the older portions of the community;and WHEREAS,there is a desire to encourage new and redevelopment of existing commercial areas and to provide for flexibility in the application of parking requirements:and WHEREAS,the Planning and Zoning Commission voted,at its regularly scheduled public hearing on September 28,2004,to recommend approval of the following text amendment by a vote of 6 to 0 (unanimously):and WHEREAS,the combination of new parking requirements for restaurants apartments,as well as the introduction of shared parking concepts and a.ten percent (10%)required parking reduction ability will reduc -theI5urden'on property owners in the City and encourage new investment in the downtown: .. NOW,THEREFORE,H3EJT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF 'APACHE JUNCTION.ARIZONA,THAT: SECTION I:IN GENERAL THE CITY CODE OF APACHE JUNCTION,VOLUME II,LAND DEVELOPMENT CODE, CHAPTER 1.ZONING ORDINANCE.shall be amended by amending portions of ARTICLE 20 (hereinafter referred to as "Parking.Loading,and Interior or Private Street Standards")to read as follows: ORDINANCE NO.1218 PAGE 1 OF 5 Subsections 8 and 9 of Section 20.0102.General Provisions,shall read as follows: 8)When determining the number of required off-street parking spaces for uses that have different peak parking demands,the Zoning Administrator may,if appropriate,only require the provision of the off-street parking for the use with the most spaces required. The property owner or designee requesting a reduction in required parking shall provide satisfactory evidence in support of the reduction request,as determined by the Development Services Director. 9)In all commercial districts in the City,the Zoning Administrator may reduce the required number of off-street parking spaces required by Section 20.0104 for any use up to,but not to exceed, ten percent (10%).The property owner or designee requesting a reduction pursuant to this Section shall provide satisfactory evidence in support of the request to the Zoning Administrator, such as a small site/infill site with limited square footage available,the provision of shared parking with an adjoining property,design constraints,or other reasonable liMitation. SECTION 20.0104,Off -Street Parking Requirements,shall be amended as follows: The following sets forth the minimum number of parking spaces to be provided as required by this Ordinance.When two or more uses of different parking demand are present,the Zoning Administrator shall base the number of off-street parking spaces required on the actual square footage dedicated specifically to each use.Requirements for a building or use not specifically listed shall be determined by the Zoning Administrator based upon the requirements of similar uses. 1)Residential: a.One -family dwelling unit:two (2)spaces for the dwelling unit. b.Duplex and multiple -family dwelling units: i .Studio or efficiency unit:one (1)space per dwelling unit. ORDINANCE NO.1218 PAGE 2 OF 5 ii.Family lodging house:three quarters (.75)of a space for each person for whom living accommodations are provided. iii.One bedroom apartment:one and one -fifth (1.20) spaces per dwelling unit. iv.Two or more bedroom apartment:two and one third (2.33)spaces per dwelling unit. v.Accessory rooms,such as dens,recreation rooms. extra living rooms or family rooms, but excluding kitchens,dining rooms,bathrooms,and one (1) living room,shall be calculated as a bedroom when determining the required off-street parking spaces. 6.Food Service Establishments: a.Restaurants:one (1)space for each 75 square feet of customer accessible area. b.Restaurants.Drive-Thru:one (1)space for each 100 square feet of customer accessible area and eight (8) spaces of "stacking"in the drive-thru area.Stacking shall be from the pick-up/final window back. c.Restaurants,Staff Accessible Areas:one (1)space for each 200 square feet of staff accessible area,in addition to required customer parking. d.Coffee Shop/Small (less than 1,000 square feet)Restaurant: one (1)space per 50 square feet of space,regardless of access. e.Bar/Nightclub:one (1)space for each 100 square feet of space.regardless of access.. -— f.Outdoor Seating,All Food Related Uses:one (1)space per 150 square feet of area outdoOs:in'additiOn to' required parking for indoor uses. ORDINANCE NO.1218 PAGE 3 OF 5 9.. Church:One (1)space for every five (5)seats in the principal auditorium (twenty inches [20 -]of bench or pew shall be considered one [1]Seat).If no fixed seating is provided,one (1)space is ' required for every 50 square feet of sanctuary/primary assembly area.. 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,sub -section,sentence,phrase.clauSe or portion:of this ordinance,or any part of the code adopted.h4rein.by reference,is fOr any reason held to be invalid or unconstitutional bY'the1decision of any court of competent jurisdiction,such. decision shall:notaffect 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 OCTOBER ,2004. SIGNED AND ATTESTED TO THIS 19TH DAY OF OCTOBER ,2004. _ W L,dte, DOUGLAS CtLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO.1218 PAGE 4 OF 5 APPROVED AS TO FORM: CO"l a 05 Ofi RICHARD JOEL STERN City Attorney ORDINANCE NO.1218 PAGE 5 OF 5