Loading...
HomeMy WebLinkAboutORD1279ORDINANCE NO. 1279 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,ARTICLE 6, GENERAL PROVISIONS AND EXCEPTIONS,REPEALING AND REPLACING IN ITS ENTIRETY SECTIONS 6.0116 ACCESSORY BUILDINGS AND STORAGE SHEDS AND 6.0117 DETACHED ACCESSORY BUILDING ON CORNER LOT;REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council adopted Ordinance No. 382 on September 17, 1985, that included several zoning text sections including Section 6.0116 and Section 6.0117, which set forth the regulations for Accessory Buildings and Storage Sheds; and WHEREAS, in March of 2006, a private citizen expressed concern to the Apache Junction Planning and Zoning Commission (the "Commission") of an unnecessarily large accessory building located in the 600 block of South Cedar Drive, Apache Junction, Arizona; and .. WHEREAS, upon direction from the Commission, staff researched the issue of oversized accessory buildings and updating current codes to include a more comprehensive definition and application to such structures; and WHEREAS, since March of 2006, several work sessions were conducted before the Commission to consider these issues; and WHEREAS, on September 26, 2006, the Commission voted 7 to 0 to . recommend approval of a text amendment relating to Accessory Buildings and Storage Sheds. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AS FOLLOWS: SECTION I:IN GENERAL The Apache Junction City Code, Volume II,Land Development Code, Chapter 1,Zoning Ordinance,Article 6,General Provisions and Exceptions,Section 6.0116 Accessory Buildings and Storage Sheds,and Section 6.0117 Detached Accessory Building on_Corner Lot,shall be amended in their entirety as follows: ORDINANCE NO. 1279 PAGE 1 OF 7 SECTION 6.0116 ACCESSORY BUILDINGS AND STORAGE SHEDS The following shall be applicable to accessory buildings.If conflicting regulations for accessory buildings are contained in a district's regulations, the district's regulations shall apply. 1.An accessory building may be constructed upon a lot prior to the construction of the main building for the purpose of storing tools, building materials or household goods and construction of the main building must be colinenced within six months aftercompletion of the accessory building.Pre- existing accessory buildings/structures may be permitted to remain without the establishment of a main building at the time of subdivision/land split/zoning approval provided that: a.The accessory building/structure is secured (locked) and made safe (openings boarded up) prior to the establishment of the main use. b.The accessory building/structure is not used for storage or any other purpose prior to the establishment of the main use. c.The accessory building/structure is in compliance with the City's current Building Code and Zoning Ordinance. d.No accessory building shall be used for dwelling purposes, including sleeping, living, or cooking activities, unless a caretaker's or servant's residence is permitted in the district.Such accessory building shall comply with the yard requirements of the main building. e.New accessory buildings shall also comply with items "c" and "d" above: 2.Accessory buildings are permitted in a rear yard or in the buildable area where the main building is permitted.An accessory building in a residential or commercial zone, shall not be larger than seventy five percent (75%) of the existing square footage of the main structure or six hundred (600) square feet in size, whichever is greater. ORDINANCE NO. 1279 PAGE 2 OF 7 3.Maximum height for an accessory building larger than one hundred twenty (120) square feet in area shall be fifteen (15) feet.Any accessory building between: seven (7) and fifteen (15) feet in height and Covering an area greater than one hundred twenty (120) square feet when completed, shall be subject to design criteria including: a.Accessory -buildings must be constructed of building materials that match or improve upon the main structure. b.Accessory buildings are encouraged to have an architectural style that matches or improves upon the main structure. c.Accessory buildings must complement the natural desert landscaping with color, building materials, and architectural style. d.Any air conditioning unit must be placed on the ground behind accessory buildings or out of view from the public right-of-way. e.The height of accessory buildings is defined as the distance from ground level to the top of the parapet or the peak of the roof, depending on the design of the roof. f.Seventy five percent (75%) of each exterior wall of a metal building located in a residential zone and larger than one hundred twenty (120) square feet shall be covered with supplemental building materials including, but not limited to, masonry, stucco, or brick. 4.Any accessory building proposed to be taller than fifteen .(15) feet in height, up to the maximum height allowed for the main .structure in the district, and larger than one hundred' twenty (120) square feet, is subject to the design criteria described in paragraph number 3 (immediately above) and must be approved through a Conditional Use Permit, which may invoke additional design criteria. 5.Accessory buildings for the keeping of small animals or fowl shall be located a minimum of fifteen (15) feet from any ORDINANCE NO. 1279 PAGE 3 OF 7 property line, or if used for the keeping of livestock, an accessory building shall comply with the yard setbacks required for the main building or if other setbacks are specified, those shall apply.Shelters for the keeping of small animals and fowl may be erected to match the height of the existing main building. 6.Accessory buildings shall not be located closer than four (4) feet to any property line, except, for any accessory building which exceeds seven (7) feet in height, in which case such structure shall also observe the minimum side yard setback of the district in which it is located. 7.Detached accessory -buildings shall have a minimum separation distance of six (6) feet from other structures on the same lot. If an accessory building is proposed to be connected to the main residence, then it shall become a building addition and shall be connected along its entire length on one side to the main residence and must comply with all setback requirements for the main residence. 8.The requirements for accessory buildings located on corner lots and on corner lots adjacent to key lots are as follows: a.On any corner lot, the accessory building shall not be located closer to the street side.property line than that required for the main building. STREET NORMALCORNERLOT b.No part of any accessory building within ten (10) feet of the rear lot line shall be nearer the street lot line than the depth of the front yard required on the key lot.This ORDINANCE NO. 1279 PAGE 4 OF 7 would only be provided if the rear of a corner lot adjoins a key lot in the same zoning district. .4"M M CORNER LOT ADJACENT TO A KEY LOT I ,IP' STREET The following corresponds to the letters located in the above image. Residential Lots in the same Zoning District: The street side yard setback for the main residence on a corner lot and street side yard setback for an accessory building behind main residence on a corner lot, must match the front yard setback for the main residence on the "key" lot. The side yard setback for an accessory building larger than one hundred twenty (120) square feet in area must meet the side yard setbacks required for the main building. This structure represents a "storage shed" as defined in Section 6.0116.10. 9.Accessory buildings used as a garage or carport having access from an alley shall not be located closer than fifteen (15) feet to the center line of said alley. 10.Storage sheds (such as those conmercially available at big -box retailers) in residential districts, used primarily for storage purposes, of a height no greater than seven (7) feet and the total square footage of which does not exceed one hundred ORDINANCE NO. 1279 PAGE 5 OF 7 twenty (120) square feet shall not be subject to the rear or side yard setback requirements for accessory buildings provided: a.Such shed is located in the side or rear yard of the property and is a minimum of three (3) feet from all property lines; b.No electric, gas, water, or sewer lines are connected to such shed; c.All drainage flows onto the owner's property. SECTION 6.0117 EXCEPTION FOR ACCESSORY BUILDINGS Any deviation or exception to any of the above requirements for accessory buildings is subject tb a Conditional Use Permit. 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 proportion 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 16TH DAY OF JANUARY , 2007. SIGNED AND ATTESTED TO THIS 29TH DAY OF JANUARY , 2007. DOUGLAS FOLEMAN Mayor ORDINANCE NO. 1279 PAGE 6 OF 7 ATTEST: City Clerk APPROVED AS TO FORM: • : : : ‘`'-r 2 17 .0 7 JOEL STERN City Attorney ORDINANCE NO. 1279 PAGE 7 OF 7