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HomeMy WebLinkAboutORD1365ORDINANCE NO. 1365 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,SECTION 9-1-5,CARGO CONTAINERS;REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. WHEREAS,on June 7,1988,the City Council passed and adopted Ordinance No.630,regulating cargo containers within the City of Apache Junction, whereby only three were allowed and all others were declared illegal; and WHEREAS,on February 19,2008,Ordinance No.630 was repealed and Ordinance No.1302 was enacted by the City Council to allow cargo containers within the City limits under certain criteria; and WHEREAS,in the practical application of Ordinance No. 1302,the definition of "cargo container"was identified by staff as insufficient when applied to a unique set of circumstances; and WHEREAS, the appellate procedure set forth in Ordinance No. 1302 also had some practical challenges. 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, Section 9-1-5,Cargo Containers,hereby is amended as follows: A)Section 9-1-5.2 shall be amended to read as follows: 2.Definition of Cargo Container:"Cargo Container" (also known as "cargo pod," "shipping container," "mobile -mini," "storage container")means a 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, ORDINANCE NO. 1365 PAGE 1 OF 4 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.This definition does not include,and therefore does not allow,a semi -truck trailer in any form (intact, dissected,with or without wheels),railroad car (with or without wheels),mobile or manufactured home,park model, recreational vehicle,or bus,to be used as a cargo container. B)Section 9-1-5.3(c) shall be amended to read as follows: 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.Containers shall not be located between the principal residential structure and the public street. C)Section 9-1-5.4(g) shall be amended to read as follows: g)Permanent cargo containers shall be located to the rear or side of the principal building so that their presence is minimized from public view and from neighboring properties.The unit user shall obtain approval from the Development Services Director or his/her designee to properly locate the container. D)Section 9-1-5.6 shall be amended to read as follows: 6.Appeal,Enforcement and Abatement:Any aggrieved applicant shall have the right to appeal the Development Services Director's denial or conditional approval City Manager or his or her appointed designee (hereinafter the "Appellate Hearing Officer") business days after receiving written denial/conditional approval. limited only to the application has discretion,the Director container(s),set-up,location on container, establishment of a primary ORDINANCE NO. 1365 PAGE 2 OF 4 Appeal of the to the thereof within ten (10) notice of a requests shall be criteria under which including:type and/or size of property,purpose of property, coloruse on selection, screening criteria, plant selection and additional permits required.The required minimum lot size of 1.25 acres for residential property placements is not an issue the Director has discretion to act upon and therefore failure to meet this standard lot size requirement as required by the Council is not appealable.Failure to appeal to the City Manager or appointed designee on all other issues waives all administrative rights and remedies.The Appellate Hearing Officer must hold a hearing within ten (10) business days and shall 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 judicial appeal process pursuant to A.R.S.§ 12-901 et seq. Furthermore,if the applicant fails to comply with the conditions of the permit and/or those set by the Appellate Hearing Officer and maintains,uses or stores a cargo container in violation of such 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. E)Section 9-1-5.9 shall be amended to read as follows: 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 definitional subsection (2)of this ordinance. However,a building permit shall be required if any such units are structurally combined with or affixed to a regulated building structure as determined by the Building Official. SECTION II REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or in conflict with any part of the code adopted herein by reference are also hereby repealed. ORDINANCE NO. 1365 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. 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 provisions adopted herein,shall be punishable as a Class 1 Misdemeanor consistent with Apache Junction City Code, Volume I, Chapter 9,Health and Sanitation,Article 9-1 Property Maintenance Standards,Section 9-1-4,Enforcement and Abatement. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 7TH DAY OF SEPTEMBER , 2010. SIGNED AND ATTESTED TO THIS 7TH DAY OF SEPTEMBER N S. INSALACO yor ATTEST: 4/2 KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1365 PAGE 4 OF 4 , 2010.