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HomeMy WebLinkAboutORD1350ORDINANCE NO. 1350 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 5 DEFINITIONS,ARTICLE 6 GENERAL PROVISIONS AND EXCEPTIONS,AND ARTICLE 20 PARKING, LOADING AND INTERIOR OR PRIVATE STREET STANDARDS; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. .WHEREAS,On April 21, 2009, the City Council directed Staff to work with the Planning and Zoning Cbmmission to•draft amendments to the city's regulations on front yards, including drafting better definitions, clarifying what can be placed or parked in a front yard and revising the codes relative to fence heights in front yards; and WHEREAS, after holding work sessions on the pLuposed amendments on May 12, June 23, July 14, July 28 and August 11, 2009, and a public hearing on August 25, 2009, the planning and Zoning Commission, at their public hearing on August 25, 2009, voted 6-1 to recommend approval of case AM -4-09 as stated in the public record;. and WHEREAS, the City Council held a work session discussion on the pluposed amendments to the front yards regulations on October 5, 2009, and expressed interest in possibly incorporating additional Changes to the proposed 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 5 Definitions,Article 6 General Provisions and Exceptions,and Article 20 Parking, Loading and Interior or Private Street Standards,shall be amended as follows: Section 5.0101 Definitions shall be amended with new definitions for "Buildable Area", "Net Area", "Setback Line, Front Yard" and "Yard, Front" as follows: BUILDABLE AREA shall mean the net portion of the lot remaining after deducting all road and alley easements or rights -of -way, and required yards from the gross area of a lot or building site. ORDINANCE NO. 1350 PAGE 1 OF 4 NET AREA shall mean the total area within the property lines of a lot or parcel of land excluding all vehicular access ways, except those private easements which .serve as primary access to no more than four (4) individual lots or parcels. SETBACK LINE, FRONT YARD shall mean the minimum .required distance between any buildings and the front lot line. YARD, FRONT shall mean the area between the front lot line (and further street line for landscape maintenance purposes) and front yard setback line. Section 6.0110 Structures in Front Yards on Corner Lots shall be amended with the addition of the following section: Section 6.0110.1 Other Structures or Items in Front Yards in General a. In addition to landscaping and fences already allowed in the front yards of residential zoning districts, and other items allowed or prohibited elsewherein this Code, in single-family residential zones the following are permitted to be located in the front yard area: fountains or other decorative water features pursuant to Section 6.0128 Swimming Pools, Pools and Ponds;basketball courts; passenger cars and trucks (which do not exceed a gross vehicle weight rating of twenty-four thousand pounds), and motorcycles which are licensed and belong specifically to the owner or lessee of the same property, and which are in operating condition. b. On properties zoned for single family residences, on lot sizes larger than 20,000 net square feet, detached accessory buildings may be allowed in front of the main residence, in the buildable area allowed for the main residence, but off to the side, pursuant to the requirements of Section 6.0116 Accessory Buildings and Storage Sheds,unless otherwise prohibited by the zoning district or elsewhere in the Zoning Ordinance. ORDINANCE NO. 1350 PAGE 2 OF 4 c. Items which are not allowed to be located in the front yards in residential zoning districts include: Recreational vehicles as defined in this Code; semi -rig cabs and/or trailers, except during loading and unloading situations or for short durations of time, not to exceed one and one-half (1-1/2) hours in any twenty-four (24) hour period; detached accessory buildings or storage sheds on lots less than 20,000 net square feet in size regardless of the front setback distance of the main residence; utility trailers or toy haulers either by themselves or storing jet skis, "dirt bikes", All Terrain Vehicles (i.e., vehicles not normally permitted to be driven on public.streets), boats and other similar vehicles, or tools, equipment or other personal items; items or vehicles which do not belong to the owner or lessee of the same property. Section 20.0106 Parking - Additional Requirements shall be amended as follows: Section 20.0106 Parking - Additional Requirements 1.One (1) recreational vehicle which shall not be used for any purpose (including but not limited to living, sleeping, camping, storage or business purposes), or one (1) semi -rig cab (with or without a trailer) may be stored or parked in a residential zoning district in the rear yard, if room permits, or stored in a completely enclosed garage.An exception may be granted for a recreational vehicle or semi -rig cab (with or without trailer), to be stored or parked in a side yard, if there is adequate space in said side yard and if such vehicles do not encroach beyond the nearest front façade of the dwelling on the same premises and only if said vehicles are screened on at least the front and side.by a six-foot (6') high opaque fence (as defined in the Landscape and Screening Code), along with a 6' high opaque gate, which shall be kept closed. SECTION II:REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. ORDINANCE NO. 1350 PAGE 3 OF 4 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 20TH -DAY OF OCTOBER , 2009, SIGNED AND ATTESTED TO THIS 21ST DAY OF OCTOBER ATTEST: City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN . City Attorney ORDINANCE NO. 1350 PAGE 4 OF 4 , 2009.