HomeMy WebLinkAboutORD1381ORDINANCE NO. 1381
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 1-6,GENERAL
PROVISIONS AND EXCEPTIONS,BY REPEALING, AMENDING AND READOPTING SECriONS
1-6-19-C, 1-6-19-D AND 1-6-19-E ACCESSORY BUILDINGS AND STORAGE SHEDS,IN
CASE AM -4-11; AND REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR
SEVERABILITY.
WHEREAS, Section 1-6-19 of the Zoning Code sets forth the regulations
for Accessory Buildings and Storage Sheds in certain zoning districts; and
WHEREAS, the Planning and Zoning Commission ("Commission") received a
petition fLum approximately 105 residents living within the R1-43 zoning
district petitioning against metal and Quonset hut accessory buildings
larger than 120 square feet In size located within their R1-43 zoning
district; and
WHEREAS,the Commission directed staff to draft an ordinance
amendment to strengthen the design requirements for accessory structures
located within the R1-43 zoning district,and then schedule a public
hearing on such amendment; and
WHEREAS, on January 10, 2012, after holding two work sessions and one
public hearing,the Commission voted 4 to 3 to recommended amendment to
Sections 1-6-19-C,1-6-19-D and 1-6-19-E regarding accessory building
design, height and size standards; and
WHEREAS,on February 21,2012,
Commission's recommendation,the City
reformulate the recommended ordinance
for public hearing and possible action
building regulations.
after reviewing and discussing the
Council gave direction to staff to
amendment and return to the Council
regarding amendment to the accessory
WHEREAS,following public hearing at the City Council on April 3,
2012,the Council continued the ordinance to a date uncertain pending
stakeholder group discussion and resolution of the ordinance issues; and
WHEREAS,on May 23,2012,after two professionally facilitated
meetings, a group of local residents recommended certain revisions to the
Planning and Zoning Commission's recommended ordinance, which are included
in this ordinance.
ORDINANCE NO. 1381
PAGE 1 of 7
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,Sections 1-
6-19-C, 1-6-19-D and 1-6-19-E Accessory Buildings and Storage Sheds, shall
be repealed, amended and readopted to read as follows:
(C)Location and Size Requirements.The following location and
size requirements shall apply to accessory
larger than 120 square feet.
(1) Accessory structures are permitted in the
area where the main building is permitted.
structures
buildable
(2) Accessory structures in the multiple family residential
zones or commercial zones shall not be larger than the
existing building footprint of the main structure.
(3) Accessory structures located o n property with R1-43
base zoning shall not be larger than 2,000 square feet
in size.
Neighborhood Petition.The maximum structure size
established above for properties with R1-43 base zoning
may be increased to 5,000 square feet if 100% of the
property owners of adjacent properties and 50% of the
property owners of those properties within 80 feet of
the adjacent properties agree with the proposed
increase through a petition that is drafted,signed and
acknowledged in accordance with Development Services
Department standards.Adjacent properties shall be
defined a s property adjoining the subject property
and/or property directly across the street,private
road or road easement from the subject property.
(4) Accessory structures in a single-family residential
zone with lot sizes less than 20,000 square feet shall
not be larger than 75%of the existing building
footprint of the main structure.
(5) Accessory structures in single-family residential zones
shall comply with the maximum lot coverage zoning
standard.
ORDINANCE NO. 1381
PAGE 2 of 7
(D)Design Requirements.The following design requirements
shall apply to accessory structures larger than 120 square
feet.
(1) Accessory structures located on property with R1-43
base zoning shall comply with the following design
requirements:
(a) Non -painted galvanized metal siding and
corrugated fiberglass siding shall be prohibited.
(b) An accessory structure of corrugated metal or
fiberglass having a semicircular cross section
that curves down to form walls or attach to walls
shall be prohibited.(see Images 6-1 and 6-2).
(c) Permitted metal sided structures shall be treated
with factory applied paint.
(d) Accessory structures with wood,stucco,brick,
concrete block or other masonry siding shall be
setback in accordance with the R1-43 zoning
district setback standards.
(e) Accessory structures with metal siding shall be
setback in accordance with the following:
1.Front Yard Setback.Structures with metal
sidewalls up to twelve (12)feet in height
shall be allowed subject to a thirty (30)
foot minimum front -yard setback.
2.Rear Yard Setback.Structures with metal
sidewalls up to twelve (12)feet in height
shall be allowed subject to a thirty (30)
foot minimum rear -yard setback.
3.Side Yard Interior Lot Setback.
a) Structures with metal sidewalls less than
o r equal to eight (8)feet in height
shall be allowed subject to a ten (10)
foot minimum side -yard setback.
b) Structures with metal sidewalls greater
than eight (8)feet and less than ten
(10)feet in height shall be allowed
ORDINANCE NO. 1381
PAGE 3 of 7
subject to a twenty (20)foot minimum
side -yard setback.
c) Structures with metal sidewalls greater
than ten (10)feet and less than or equal
to twelve (12),feet in height shall be
allowed subject to a thirty (30)foot
minimum side -yard setback.
4.Side Yard Corner Lot Setback.
a) Structures with metal sidewalls less than
or equal to ten (10)feet in height shall
be allowed subject to a twenty (20)foot
minimum corner lot side -yard setback.
b) Structures with metal sidewalls greater
than ten (10)feet and less than or equal
t o twelve (12)feet in height shall b e
allowed subject to a thirty (30)foot
minimum corner lot side -yard setback.
5.Neighborhood Petition.The maximum metal
sidewall heights established above for
properties with R1-43 base zoning may b e
increased to 15 feet if 100%of the
property owners of adjacent properties and
50%of the property owners of those
properties within 80 feet of the adjacent
properties agree with the proposed
increase(s)through a petition that is
drafted,signed and acknowledged in
accordance with Development Services
Department standards.Adjacent properties
shall be defined as property adjoining the
subject property and/or property directly
across the street,private road or road
easement from the subject property.
(f)Earth tone colors shall be used for accessory
structures.
(2)Residential zoning districts,except GR,TR and R1-43,
shall have at least seventy-five percent (75%)of each
exterior wall of a metal building covered with
supplemental building materials including,but not
limited to,wood,masonry,stucco or brick that are
ORDINANCE NO. 1381
PAGE 4 of 7
compatible and consistent with the main dwelling
structure.
(3)The Zoning Administrator shall be responsible for
determining if the accessory structure's proposed
design and exterior façade is compatible and
consistent with the main structure.
(4)Existing accessory structures,o r any additions,
alterations o r expansions of existing accessory
structures that were legally constructed prior to the
effective date of this ordinance amendment shall have
lawful nonconforming status.
(E)Height Regulations.The following height requirements shall
apply to accessory structures larger than 120 square feet.
(1)Maximum height for accessory structures located in
residential and commercial zoning districts,except
the GR, TR, R1-43, R1-43/MH,R1-43/PD,CB -1,CB -2,CI-
1 and CI -2 zoning districts,shall b e less than o r
equal to the maximum height allowed b y the zoning
district for the main building.
(2)Maximum height for accessory structures located o n
property with R1-43 base zoning shall be twenty (20)
feet.
Neighborhood Petition.The maximum structure height
established above for properties with R1-43 base
zoning may be increased to 25 feet if 100%of the
property owners of adjacent properties and 50% of the
property owners of those properties within 80 feet of
the adjacent properties agree with the proposed
increase(s) through a petition that is drafted, signed
and acknowledged in accordance with Development
Services Department standards.Adjacent properties
shall be defined as property adjoining the subject
property and/or property directly across the street,
private road o r road easement from the subject
property.
(3)The height of accessory structures is defined as the
distance from pre -construction ground level (i.e.,
prior to filling)to the top of the parapet or the
peak of the roof, depending on the design of the roof.
ORDINANCE NO. 1381
PAGE 5 of 7
(4)Proposed accessory structures that do not comply with
the height requirements established above may be
approved through a conditional use permit,which may
result in additional design,landscape o r site
conditions.
Image 6-1
Image 6-2
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. 1381
PAGE 6 of 7
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 17TH DAY OF JULY , 2012.
SIGNED AND ATTESTED TO THIS 17TH DAY OF JULY
ATTEST:
City Clerk
APPROVED AS TO FORM:
R. JOEL STERN
City Attorney
ORDINANCE NO. 1381
PAGE 7 of 7
JOHN IN
Mayor
, 2012.
I/6 4L I J