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HomeMy WebLinkAboutORD1343ORDINANCE NO. 1343 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,ARTICTP 6,GENERAL PROVISIONS AND EXCEPTIONS,BY AMENDING SECTION 6.0130 EQUINE REGULATIONS,IN CASE AM -6-08; REPEALING ANY ODNFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council adopted Ordinance NO. 408 on October 15, 1985, which amended the City's Zoning Ordinance, Article 6 General Provisions and Exceptions,by adding Section 6.0130 Equine Regulations;and WHEREAS, after more than a yPAr of work to clarify and improve the city's regulations regarding commercial horse boarding involving a Councilmember, Staff, the general public and citizens representing commercial horse -boarding interests, on November 18, 2008, the City Council directed Staff to process the pLupused changes through the Planning and Zoning Commission for review and action; and WHEREAS, after several work sessions and public hearings were conducted by the Planning and Zoning Cbmmission on the issue of the proposed amendments to the Equine Regulations, at their public hearing on April 28, 2009, the Planning and Zoning Cbmmission voted 7 to 0 to recommend approval of the amendments. 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 6.0130 Equine Regulations,shall be amended as follows: ORDINANCE NO. 1343 PAGE 1 OF 6 SECTION 6.0130 EQUINE REGULATIONS a.General Equine Regulations.The following regulations contained herein shall be applicable to the keeping of horses and all other members of the equine family including donkeys and mules in the City.(Refer to Chapter 6 of the City Code for additional regulations pertaining to the keeping of animals.) 1. The keeping of horses for personal use and the training (but not boarding) of horses as an incidental business use, unless otherwise specifically permitted or prohibited in a zoning district's regulations, shall be permitted only in residential zones and all lots for the keeping or training of horses shall have a minimum size of either one and one quarter (1-1/4) acres gross or one (1) acre net. 2. The number of horses permitted on a lot, personally owned and enjoyed by the resident family of said lot, is not limited.However, the owner shall comply with the other regulations contained herein as well as any other applicable regulations of the City and any other agency having jurisdiction. 3. Horse rental stables, which include any enterprise providing horses and equipment rented on a time basis, and wherein the rented horses are permitted to be ridden away from the property either by individual renters, with a group or with a guide, shall be permitted where the rental use is a legal non- conforming use; or within areas designated as low density residential land use in the General Plan (regardless of zoning district), subject to a Conditional Use Permit and subject to a minimum lot size requirement of ten (10) gross acres. 4. Accessory buildings and structures for the keeping of horses shall comply with the applicable regulations in Section 6.0116, except that for "shade structures" (a structure consisting of a roof supported by columns and used exclusively for the shading of livestock) shall not be considered a structure used for the keeping of animals or livestock, but shall comply with ORDINANCE NO. 1343 PAGE 2 OF 6 other applicable requirements of Section 6.0116. Horse shade structures; barns, stables and tack sheds shall be allowed to make up an additional and separate 10% of lot coverage beyond that allowed for main buildings (home, detached garage, studio, non -horse -related workshop, guest house) of the underlying zoning district. b.Commercial Horse Boarding Regulations. 1. Commercial horse boarding is defined as a properly zoned and licensed facility that commercially rents horse stalls on a lot of at least 2.5 gross acres in size and is designated as low density residential land use in the General Plan. 2. The following regulations apply to all new commercial horse boarding facilities being established in the City subsequent to the effective date of this ordinance amendment (Ordinance No. 1343, effective August 6, 2009).These regulations shall also apply to the owners or operators of lawfully established and licensed commercial horse boarding facilities who propose to allow horse boarders to park and store their horse trailers on -site. 3. Licensed horse trailers owned by horse boarders may be parked on a commercial horse boarding property, but the number of horse trailers shall not exceed the total number of horses being boarded on site.The parking and/or storage of a horse trailer at a specific boarding facility shall not be permitted unless the owner of said trailer has a horse boarded at said facility at the same time.Horse trailers shall be setback a minimum of 4 feet from adjacent properties and 25 feet from public road rights -of -way. Trailers shall be parked in a manner that does not interfere with safe traffic circulation and visibility as determined by the City. Prior to parking horse trailers on a commercial horse boarding property, the property owner/operator shall submit to the Development Services Department a properly scaled and dimensioned site plan that illustrates all existing buildings on the property ORDINANCE NO. 1343 PAGE 3 OF 6 with setbacks indicated, and the location and layout of the parking area for horse trailers.The Development Services Director, or his/her designee, shall review the plan and either approve, modify and approve, or disapprove the parking site plan based on an evaluation of safe traffic circulation and compliance with the standards identified above. Failure by the owner and/or operator of a boarding facility to operate as approved under this section shall be grounds for possible revocation of the business license of the facility. 4. One (1) seasonal or full time commercial horse boarding ranch hand, along with his or her family, shall be allowed to reside on -site. The primary Rurpose and responsibility of the ranch hand is to assist in the management and care of the commercial boarding facility. The ranch hand shall be allowed to live in the main residential building or within a recreational vehicle. The recreational vehicle may be permanently connected to waste, water, gas, and/or electrical service, or may operate as a self-contained unit. Construction of a conventional built home to accommodate the ranch hand shall not be allowed unless constructed and operated in accordance with the zoning code regulations regarding guest homes. 5. An operator of a commercial horse boarding facility with an on -site residence may allow the restroom facilities of the residence to be used by patrons of the facility. Alternatively, the owner/operator may provide a portable chemical toilet ("porta-potty") subject to Development Services Department review and approval of a site plan that illustrates the location and screening of said toilet. 6. The operator of a horse boarding facility shall comply with all other City animal control requirements for health and safety, sanitation, odor vector control and other related issues. 7. Social events and parties shall be subject to the same noise, parking, traffic and health and safety regulations applied to other residential properties ORDINANCE NO. 1343 PAGE 4 OF 6 within the City. 8. Horse boarding businesses shall be allowed to operate 24 hours/day, seven days/week. 9. Riding lessons and horse training services shall be allowed on commercial horse boarding properties. Commercial horse boarding facilities may also accommodate veterinarian, farrier, horse care specialists, and equine services visits to serve horses kept both on -site and off -site. 10.Commercial horse boarding facilities shall be allowed one detached, double -sided, 32 -square -foot sign to include the name of the facility and the property address.The sign may be externally lit, shall comply with Dark Sky regulations and shall not be animated. 11.Horse shades, barns, stables, and tack sheds used by horse boarding businesses shall be allowed to make up an additional and separate 10% square footage of lot coverage beyond that allowed for main buildings (home, detached garage, studio, non -horse -related workshop, guest house) of the underlying zoning district. 12.Commercial horse boarding facilities shall control the run-off of waste material (including urine, manure, etc.) from all corrals, stalls or arenas used for the training, running and/or exercising of horses from encroaching onto adjacent properties or rights -of -way. 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 ORDINANCE NO. 1343 PAGE 5 OF 6 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 ANDCITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 7TH DAY OF JULY,2009. SIGNED AND ATTESIEu TO THIS 10TH 2009. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1343 PAGE 6 OF 6 DAY OF JULY i /cP e a e &—? OLN INSALA Mayor