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HomeMy WebLinkAboutORD1300ORDINANCE NO. 1300 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,ARTICIR 6,GENERAL PROVISIONS AND EXCEPTIONS,BY ADDING NEW SECTION 6.0108.3 EXCEPTIONS FOR GUEST HOUSES,IN CASE AM -1-07; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, the City Council adopted Ordinance No. 350 on March 7, 1985, adopting the City's Zoning Ordinance, which included Article 6 General Provisions and Exceptions;and WHEREAS, in September of 2006, a private citizen expressed to the Apache Junction City Council (the "Council") the concern that she and her husband were both elderly, in poor health, and in need of a caretaker's help, but were not allowed by City zoning laws to have an extra trailer on their property to house said caretaker; and WHEREAS, on or about November 7, 2006, the Apache Junction City Council directed staff to research and present findings regarding a possible Zoning Ordinance text amendment that would allow an additional residential housing unit for the purpose of housing caretakers for medical purposes, including information relative to Pinal County's Special Density Permit process, pros and cons, determining need and allowing these units for other -purposes; and WHEREAS, on February 5, 2007, upon reviewing Staff's findings, the City Council directed Staff to proceed with the amendment process and return to them with a recommended ordinance; and WHEREAS, since February of this year, at least two separate work sessions and two separate public hearings were conducted by the Planning and Zoning Commission to consider these issues; and WHEREAS, the Commission work session and public hearing discussions expanded on the issue of caretaker residences to include discussions about allowing guest houses in single-family residence zones in general for guests, friends, relatives or caretakers; and ORDINANCE NO. 1300 PAGE 1 OF 5 WHEREAS, on April 24, 2007, the Commission voted 5 to 1 to recommend approval of a text amendment to Article 6 General Provisions and Exceptions,allowing (under the same amendment) guest houses and creating a Special Density Permit process to allow a disabled care dwelling unit/caretaker residence in certain residential zoning districts for people with a medical need; and WHEREAS, at their public hearing of June 19, 2007, the City Council approved the Commission -recommended text amendment pertaining to disabled care dwelling units, but continued the discussion on guest houses pending specific and proper advertisement regarding the guest house text amendment. 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,shall be amended by adding the following new subseotion: Section 6.0108.3 Exceptions for Guest Houses DEFINITION: Guest House: An accessory dwelling unit, attached or detached from a main dwelling unit on the same lot, and customarily incidental and subordinate to the main dwelling unit. The Planning and Zoning Commission and the City Council expressly find that there is a desire for Guest Houses on single-family residence -zoned properties in the community, which can be used to accommodate visiting family, friends, personal or property caretakers.In order to allow these uses, while still preserving the basic character, tranquil- ity and livability of single-family neighborhoods, the following provisions and regulations are created with regard to Guest Houses. 1.0n any single-family residence zoned property, one (1) Guest House is permitted to be constructed, subject to the following criteria: ORDINANCE NO. 1300 PAGE 2 OF 5 a.A Guest House shall be conventionally constructed or "stick -built". b.A Guest House shall be used to accommodate family, friends, a personal caretaker or property caretaker. c.A Guest House cannot be larger than fifty percent (50%) the livable square .footage of the main dwelling unit on the lot, up to 1000 square feet maximum in size. d.The maximum height of a Guest House shall not exceed twenty feet (20') as measured from adjacent grade to the top of the roof. e.No more than one (1) Guest House, located behind or to the rear of the main dwelling, is permitted on a lot. f.All setbacks required for the main dwelling als0 apply to the Guest House. g.No manufactured home or recreational vehicle of any kind shall be permitted to be used as Guest House. h.A Guest House shall be permitted to have a 'built- in cooking facility in general, like any single- family residence. i.A Guest House shall not be operated as a,separate . rental unit; if the entire property is a rental property, the owner or lessee thereof shall not sublet the Guest House. The architecture of a Guest House must match, complement or otherwise improve upon the . architecture of the main dwelling, including materials, colors and architectural style. k.A Guest House is not permitted to have a separate address,,or separate utility services, meters, or ORDINANCE NO. 1300 PAGE 3 OF 5 sewer/septic system (unless an additional septic tank is allowed by the Pinal County Health Department) from the main dwelling.unit, 1.The main.dwelling unit and the Guest House shall both use the same driveway for access; m.A Guest House may be attached to the main dwelling by a breezeway or similar device. n.Any person or ownership entity who builds a Guest House pursuant to Section 6:01.08.3 of this code shall have recorded on said property a Deed Restriction for the Use of the.Residence,-.for the purpose of further restricting Guest Houses from becoming separate rental units".. 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 MR 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 ADOgrEll BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE.JUNCTION,ARIZONA, THIS 218t DAY OF AUGUST, 2007. SIGNED AND An.ESIED TO THIS 4TH 2007. ORDINANCE NO. 1300 PAGE 4 OF 5 DAY OF AriEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1300 PAGE 5 OF 5