HomeMy WebLinkAboutORD1290ORDINANCE NO. 1290
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 6,GENERAL PROVISIONS,SECTION
6.0112 EXCEPTIONS FOR WALLS AND FENCES,IN CASE
AM -2-06;REPEALING ANY CONFLICTING PROVISIONS;
AND PROVIDING FOR SEVERABILITY.
WHEREAS,staff has determined a sentence fragment
regarding fence height -along a property line in a
residential zone was inadvertently omitted from' Ordinance
No.350,passed and adopted by the Mayor. and City council
on March 7, 1985;.and
WHEREAS, said Omissionhas caused the regulation to be
more restrictive than originally 'intended as it only
addresses side and rear yard fence height for single family
residential lots 'and perimeter fences for multi -family
parcels; and
WHEREAS,on November 13,2006 the Apache Junction
Board of Adjustment and Appeals heard an appeal of the
Zoning Administrator's decision relative to City codes
regarding fence heights and .found by a 3 to 1 vote that
Apache Junction City Code,Volume II,.'Land Development
Code,Chapter 1,Zoning Ordinance,Article '6 General_ . _
Provisions,Section 6.0112 Exceptions for Walls and Fences
does not specifically allow fenced taller-than four feet
Six inches (4'6") on a property boundary; and
WHEREAS,on November 28,2006,the Apache Junction
Planning and Zoning Commission,at its regularly scheduled
public • hearing,unanimously approved a recommended text
amendment to correct the 1985 omission.
ORDINANCE NO. 1290
PAGE 1 OF 3
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 1,Zoning Ordinance,Article 6 General
Provisions, Section 6.O112 Exceptions for Walls and Fences,
shall be amended as follows:
The yard requirements of this ordinance shall not
apply to walls and .fences less than four feet six
inches (4'6") in height when located in front
yards, or less than six feet (6') in height when
located in side or rear yards in residential zoning
districts:, or les than eight feet (8') in height
when required for multiple -family, commercial, and
industrial parcels as outlined in Articles 15, 16
and 17 of this ordinance and the City of Apache
Junction Land Development Code,Volume II, Chapter
6 Landscaping and Screening Requirements.
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.
ORDINANCE NO. 1290
PAGE 2 OF 3
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA, THIS 6TH DAY OF
MARCH ,2007.
SIGNED AND ATTESTED TO THIS 6TH DAY OF MARCH
2007.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
221-07
RICHARD JOEL:STERN
City Attorney
ORDINANCE NO. 1290
PAGE 3 OF 3
DOUGLAVCOLEMAN
Mayor