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HomeMy WebLinkAboutORD1302ORDINANCE NO. 1302 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE,VOLUME I, CHAPTER 9,HEALTH AND SANITATION,ARTICLE 9-1 PROPERTY MAINTENANCE STANDARDS,BY ADDING NEW SECTION 9-1-5,CARGO CONTAINERS;REPEALING ORDINANCE NO. 630; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. WHEREAS, Ordinance No.630 was enacted by the City Council as a stand-alone ordinance on June 7,1988,pertaining to the permitted and unpermitted uses of "shipping"or "cargo" containers inside the City limits; and WHEREAS, since the adoption of Ordinance No. 630, the Mayor and City Council over the years have considered changes to the regulations without ever having taken any official action; and WHEREAS,it was recently brought to the attention of the Mayor and City Council that many containers have been placed and are being used in the City by residents despite the prohibitions set forth in Ordinance No. 630; and WHEREAS,it is the desire of the Mayor and City Council to amend the rules making such containers allowable under certain circumstances and through an administrative permit process; and WHEREAS, on June 19, 2007 and again on August 7,2007, the Mayor and City Council directed Staff to prepare a draft ordinance amending Ordinance No. 630; and WHEREAS,staff presented a proposed ordinance to the Mayor and City Council on September 17,2007,October 2,2007 and November 6,2007,on which all three occasions Council desired changes to such ordinance; and WHEREAS,on January 15 and February 5,2008,the Mayor and City Council directed staff to revise the proposed language for the consideration of allowing cargo containers within the City within certain parameters. ORDINANCE NO. 1302 PAGE 1 OF 8 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code, Volume, I, Chapter 9,Health and Sanitation,Article 9-1 Property Maintenance Standards,be and hereby is amended by adding new Section 9-1-5,Cargo Containers,as follows: SECTION 9-1-5 CARGO CONTAINERS 1.Purpose and Intent:It is the purpose and intent of this section to amend the strict prohibition set forth in Ordinance No.630 relating to cargo containers by allowing cargo containers through issuance of an administrative permit process which strikes a balance between such use and aesthetics. Because of what appears to be a number of illegally placed and illegally used cargo containers since the 1988 passage of Ordinance No.630,it is the Mayor and City Council's desire to allow individuals the ability to use cargo containers provided they meet the mandates set forth in this ordinance. 2.Definition of Cargo Container:"Cargo Container" (also known as "cargo pod," "shipping container," "mobile -mini," "storage container," or "steel," "commercial," or "industrial" storage container,or "semi -truck trailer")means any portable, reusable and prefabricated vessel no larger than nine feet (9')tall,ten feet (10')wide,and forty feet (40')long, without an axle or wheels, which was originally:1)designed for or used in the packing,shipping,movement or transportation of freight,articles,goods,or commodities; and/or 2)designed for or capable of being mounted or moved on a rail car or being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship. 3.Cargo Containers Placed on Residential Properties:A single forty foot (40')long cargo container,or two twenty foot (20')long cargo containers,may be placed on residential property designated General Rural ("GR")or Single Family Residential or Single Family Manufactured Home ("R1-43"or "R1-43MH") with minimum lot sizes of one and a quarter (1.25) gross acres, subject to the following restrictions: ORDINANCE NO. 1302 PAGE 2 OF 8 a) They are used as an emergency accommodation,for no more than sixty (60)calendar days,in conjunction with required home repairs as a result of damage caused by flood,fire,wind,or termites.Should such repair period extend beyond sixty..(60)calendar days,the homeowner may apply for a thirty (30)calendar day extension. b) They are used for temporary storage of equipment and materials during general construction provided such activity is authorized by a valid building permit issued to:i)a duly licensed and bonded contractor who has obtained a City Privilege License;or ii)a property owner acting as an owner or owner/builder of a single family residence. c) They are used for permanent storage as long as they are located to the side or rear of the principal residential structure when physically and practically possible,and must be setback from a neighboring property line in accordance with the zoning district's minimum accessory building setback.The intent is to prohibit containers from being located between the principal residential structure and the public street.If the unit is physically impossible or impractical to meet the setback requirements,the owner shall apply for a setback variance before the Board of Adjustment. d) They are not connected with utilities. e) Permanent cargo containers shall be uniformly painted with an earth tone color and free from surface rust and advertising signage.If the container is publicly visible to adjacent neighboring properties and/or from the public street,the unit user shall install and maintain landscaping that will,within 5 years of planting,effectively screen at least 75%of the container from public view.A suggested plant list and planting guide is available at the Department of Development Services. f) A building permit may be required if the property owner chooses to install structural screening around the container and/or apply building materials to the ORDINANCE NO. 1302 PAGE 3 OF 8 container,including awnings.Additionally,if the property owner wishes to custom paint the container with a color scheme different than the required uniform earth tone color,the unit user shall first receive approval from the Development Services Director or his/her designee."Earth tone"shall be defined as a color scheme that draws from a color palette of browns,tans, and greens natural to the Sonoran Desert environment. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss or trees, and rocks. 4.Cargo Containers Placed on Commercial,Industrial, Public and .Quasi -Public Properties:Any number of cargo containers may be placed on commercial,industrial,public and quasi -public properties, subject to the following restrictions: a) They are not located in or on a setback,off-street parking space,utility/drainage/roadway easement, landscape setback,open space,fire lane,or otherwise are not placed in such a location as to compromise emergency,pedestrian,or customer egress and ingress circulation. b) They are .used for storage of materials for the primary business. c) They are used for temporary storage of equipment and materials during general construction provided such activity is authorized by a valid building permit issued to:i)a duly licensed and bonded contractor who has obtained a City Privilege License;or ii)a property owner acting as an owner or owner/builder of a single family residence. d) There is already a legally established primary commercial, industrial, or public and quasi -public use on the property. e) They are not connected with utilities. f) Permanent cargo containers shall be uniformly painted with an earth tone color as defined in this article and free from surface rust and advertising signage.If the cargo container is publicly visible to adjacent ORDINANCE NO. 1302 PAGE 4 OF 8 neighboring properties and/or from the public street, the unit user shall apply for approval from the Department of Development Services to install and maintain a minimum nine foot high structural screening that is compatible with the design and architecture of the principal building.Visual examples of acceptable structural screening devices (such as a masonry wall or completely opaque wooden fence)are available at the Department of Development Services. g) They shall be located to the rear or side of the principal building in a manner that minimizes public view from neighboring properties and/or the public street. The unit user shall obtain approval from the Development Services Director or his/her designee to properly locate the container.If the unit user and Development Services Director or his/her designee cannot agree on an alternate location,the unit user shall apply for a setback variance before the Board of Adjustment. 5.Administrative Permit Required:Placement and use of all cargo containers in the City must be approved by the Development Services Director Or his or her designee upon review of an administrative permit application,site plan, exterior building elevations and receipt of a nonrefundable $100.00 processing fee. The Development Services Director or his or her designee shall notify the applicant of his or her decision to deny or grant the permit with any noted conditions within ten (10) business days from the date of the applicant's submittal. 6.Appeal,Enforcement and Abatement:Any aggrieved applicant shall have the right to appeal the Development Services .Director's non -zoning related decision to the City Manager or his or 'her appointed designee thereof (also known as "Appellate Hearing Officer")within ten (10)business days after receiving written notice of a denial/approval with conditions.Failure to appeal to the City Manager.or appointed designee waives all administrative rights and remedies.The City Manager and/or his or her appointed designee must hold a hearing within ten (10)business days and decide such matter and notify the applicant of such decision within ten (10)business days thereafter.This decision shall be final and binding,subject only to the ORDINANCE NO. 1302 PAGE 5 OF 8 judicial appeal process pursuant Furthermore,if the applicant conditions of the permit and/or to A.R.S.§ 12-901 et seq. fails to comply with the those set by the Appellate Hearing Officer and maintains,uSes or stores a cargo container in violation of S'Lich Conditions and/or in violation of this ordinance,the applicant is subject to the Property Maintenance Standards civil and criminal penalties and abatement provisions under Apache Junction City Code Section 9-1-4. 7.No Superseding Actions:Nothing in this Ordinance supersedes any other restrictions or requirements that may exist in present or future agreements,and special/conditional leases,rental agreements,development planned development stipulations or use permit stipulations.In addition, this ordinance shall not be construed to authorize any cargo container that was illegally placed,maintained,stored or used before the effective date of this ordinance. 8.Exemptions:The only cargo containers that are completely exempt from the provisions of this ordinance are the three located at 936 W. Apache Trail, 57 E. 20th Avenue, and 2296 S. Cactus Road.These three cargo containers were originally exempted by Ordinance No.630 and are in the same locations -and condition as originally placed.Should they be replaced or removed,they lose their exempt status and all of the provisions of this ordinance shall apply. The screening and permitting provisions of this section do not apply to those cargo containers used on residential properties in an emergency situation,as described in subsection 3(a) above, within the initial sixty (60) calendar day or thirty (30)calendar day extension periods,or to those used for temporary storage during general construction as described in subsection 3(b) and 4(c) above. 9.Building Permit Applicability:The building permit exemption provisions under Apache Junction City Code,Chapter 7, Building,Article 7-1 Building and Technical Codes,Section 7-1-2 "Uniform Administrative Code" (1997 Edition),Chapter 3 Permits and Inspections,Section 301.2.1(1)Building Permits, apply to cargo containers with square footage up to the maximum square feet for the cargo container dimensions set forth in subsection (2)of this ordinance.However,a building permit shall be required if any such units are ORDINANCE NO. 1302 PAGE 6 OF 8 structurally combined with or affiked to a regulated building structure as determined by:the: Building.Official. SECTION II REPEALING ORDINANCE NO. 630 All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the code adopted herein by reference,including but not limited to Ordinance NO. 630, 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 decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES After the City exhausts all of its civil violation procedures as referenced in the adopted regulations,any violation of any provisicns adopted herein,shall be punishable as a Class 1 Misdemeanor consistent with Apache Junction City Code,Chapter 1,GENERAL,Article 1-8 PENALTY. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 19TH DAY OF FEBRUARY , 2008. SIGNED AND ATTESTED TO THIS 25TH DAY OF ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO. 1302 PAGE 7 OF 8 FEBRUARY , 2008. 10 1 ,t h .e_ 2OHN S.-INSALACO Mayor APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1302 PAGE 8 OF 8