HomeMy WebLinkAboutORD1345ORDINANCE NO. 1345
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE crry 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,BY AMENDING SECTION 6.0130 EQUINE
REGULATIONS,IN CASE AM -6-08; REPEALING ANY CONFLICTING 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 year of work to clarify and improve the
city's regulations pertaining to commercial horse boarding facilities
involving a CbuncilmeMber, Staff, the general public and citizens
representing commercial horse -boarding interests, on November 18, 2008, the
City Council directed Staff to process the proposed changes through the
Planning and Zoning Cbmmission for review and action; and
WHEREAS, after numerous work sessions and public hearings, the
Planning and Zoning COmmission on April 28, 2009, voted 7 to 0 to recommend
approval of the amendments to the City Council; and
WHEREAS, on July 7, 2009, the City Council approved Ordinance No.
1343, which included most of the proposed amendments recommended by the
Planning and Zoning COmmission, except the proposed language concerning
recreational vehicle ("RVm) camping at commercial horse boarding
facilities, which the Council directed.be brought back to them for further
discussion and consideration under a separate ordinance number.
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 Chde, Chapter 1,
Zoning Ordinance,.Article 6,General Provisions and Exceptions, Section
6.0130 Equine Regulations,shall be amended with the addition of the
following sub -section as follows:
ORDINANCE NO. 1345
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SECTION 6.0130 EQUINE REGULATIONS
b. Commercial Horse Boarding Regulations.
13.Rental of camping sites .for -temporary overnight accom-
modations of recreational vehicles ("RV" as defined in
Article 5 Definitions of the ZoningOrdinance and including
RV/horse trailer combination units, but excluding Park
Models), may be allowed on five (5) gross acres or larger
commercial horse boarding properties, subject to a
Conditional Use Permit ("CUP.") approved by the Planning and
Zoning Commission and the minimum standards outlined below.
The privilege of a CUP to allow rental of RV camping sites
under this section shall not apply to properties which have
operated as unlawful or unlicensed boarding facilities, or
which have not been granted letters of lawful non-
conforming status by the City, or which have allowed their
lawful non -conforming business status to lapse:
a. A maximum stay of 6 months per calendar year per RV
camper.
b. In addition to the main dwelling, no more than one (1)
RV camping space for every one (1) gross acre of land
area shall be allowed.A guest house and/or a
caretaker's unit shall be counted in the maximum number
of units or spaces allowed.
c. All RVs as defined in this section, including their
appurtenant structures must maintain a minimum
separation of 6 feet from each other and 3 feet to a
property line.
d. An RV camping space shall contain no less than 1000
square feet and shall be at least 25 feet wide.
e. A maximum of two vehicles per individual RV campsite are
allowed, consisting of the RV and one passenger vehicle.
f. There shall be no more RV campsites than number of
horses.The privilege of RV camping at a specific
boarding facility shall not be extended to RV campers
who do not have a horse boarded at said facility at the
same time.
g. Use of generators to charge batteries within the RV
campsite is permitted between the hours of 8 am to 9 pm.
ORDINANCE NO. 1345
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h. Properly permitted utility hookups and/or self-contained
RV camping shall be allowed. No on -site dumping of
sewage waste shall be allowed unless the boarding
facility is connected to the sewer district system or
unless other sewage disposal system solutions are
permitted by the Pinal County Health Department.
i. Standards regarding the impact of noise, light, smoke,
fumes, and odor resulting from the RV camping activities
shall be subject to local ordinance and subject to
public nuisance laws.
j. If the RV camping use fails to operate in accordance
with the approved conditions of the conditional use
permit and/or creates a public nuisance within the
neighborhood, the Planning and Zoning Commission may
revoke the conditional use permit.
k. Plan submittal requirements for a conditional use permit
to allow overnight RV camping shall comply with Section
6.0101 Conditional Use Permits of the City of Apache
Junction Zoning Ordinance.
1. Areas where RVs are parked shall be improved to control
fugitive dust particles (PM10), as determined by the
City Engineer.
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 15TH DAY OF SEPTEMBER , 2009.
SIGNED AND ATTESTED TO THIS 17TH DAY OF SEPTEMBER
ORDINANCE NO. 1345
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Mayor
, 2009.
ATTEST:
KATHLEEN ODNNELLY
City Clerk
APPROVED AS 1 0 FORM:
.c:9 -16.09
RICHARD JOEI.,STERN
City Attorney
ORDINANCE NO. 1345
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