Loading...
HomeMy WebLinkAboutORD1351ORDINANCE NO. 1351 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,ARTICLP 6 GENERAL PROVISIONS AND EXCEPTIONS;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 Commission 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 flout yards; and WHEREAS, after holding work sessions on the proposed 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 7-0 to recommend approval of case AM -6-09 as stated in the public record; and WHEREAS, the City Council held a work session discussion on the proposed amendments to the rules regulating fences on September 14, 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 6 General Provisions and Exceptions,shall be amended as follows: Section 6.0112 Exceptions for Walls and Fences be rewritten to read as follows: The yard/setback requirements of this ordinance shall not apply to walls and fences less than five feet (5') in height when located in front yards, or less than six feet (6') in height when located in side or rear yards in single-family residential zoning districts; or less than eight feet (8') in height when ORDINANCE NO. 1351 PAGE 1 OF 5 required for multiple -family, commercial and industrial parcels as outlined in Articles 15, 16 and 17 of this ordinance and the Apache Junction City Code,Volume II,Land Development Code, Chapter 6 Landscape and Screening Requirements. The following regulations shall also apply to walls and fences in the City of Apache Junction, unless such regulations for walls and fences are precluded, prohibited or otherwise controlled by a neighborhood's conditions, covenants and restrictions ("CCRs"), planned development ("PD") or planned community districts ("PCD"): a. Single-family residence zoned properties with lot sizes of 10,000 net square feet or larger, and businesses or other uses otherwise allowed outright or by Conditional Use Permit ("CUP") on said single-family residence zoned properties, may be allowed to have fences taller than five feet (5') in height in the front yard setback area.These fences may be constructed up to a maximum of six feet (6') in height, must be constructed of approved fence materials, and must provide for a percentage of transparency as specified in paragraph "e" of this section.Fences between five feet (5') and six feet (6') tall are subject to a permit applied through and obtained from the City's Development Services Department.This privilege shall also extend to properties which are developed with lawful and properly licensed commercial horse boarding facilities, regardless of zoning district. b. All fences in the City are required to be constructed of approved fence materials.Approved fence materials means materials normally manufactured for, used as, and recognized as, fencing materials such as: wrought iron or other decorative metals suitable for the construction of fences, fired masonry, concrete, stone, chain link, metal tubing, wood planks, split rail, hog wire and vinyl or fiberglass composite manufactured specifically as fencing materials.Fence materials must also be materials approved for exterior use and are weather and decay -resistant.The provisions of this section are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code, provided that any such alternative has been approved. ORDINANCE NO. 1351 PAGE 2 OF 5 An alternative material, design or method of construction shall be approved where the Development Services Director finds that the proposed design is satisfactory and complies with the intent of the provisions of this code.The Director must also find that the material, method or work offered is for the purpose intended, at least the equivalent of that prescribed in this section in quality, strength, effectiveness, fire resistance, durability and safety.Electric and barbed wire fences in residential zones are permitted only in compliance with the Apache Junction City Code, Section 10-1-8 Fences: Dangerous, Barbed Wire and Electric. c. Prohibited fence materials (for fences of all heights) include: rope; string; wire products including but not limited to chicken wire, wire fabric, and similar welded or woven wire fabrics; chain; netting; cut or broken glass; paper; unapproved corrugated metal panels; galvanized sheet metal; plywood; or fiberglass panels in any fence or any other materials that are not manufactured specifically as fencing materials.The Director may require the applicant to provide the manufacturer's standards to establish the intended use of a proposed fencing material. d. Nonconforming fences:Any fence which does not meet the standards of this section but which was established prior to the effective date of the adoption of these standards (December 1, 2009) may be eligible to be recognized as lawful non -conforming, provided the owner thereof proves lawful non -conformity pursuant to the procedures established in Section 3.0105, and provided such fence is not expanded or its nonconformance with these standards otherwise increased.Any fence which is destroyed or damaged to the extent of more than fifty percent of its total replacement value shall not be repaired, rebuilt or reconstructed except in conformance with the standards of this section.Any future fence constructed subsequent to December 1, 2009, that does not comply with this ordinance shall be considered illegal and non -conforming. e. In single-family residential districts as described in this section, all walls or fences taller than five feet (5') in height, up to a maximum of six feet (6') in height in the front yard setback area, shall require a permit applied ORDINANCE NO. 1351 PAGE 3 OF 5 through and obtained from the City's Development Services Department.Furthermore, fences may be solid and opaque up to four feet six inches (4'-6") in height.Any part of a fence above four feet six inches (4'-6") in height must allow for transparency as described herein.Transparency may be achieved through a combination of masonry and wrought iron segments, or by means of a short solid wall with a see-through fence installed above it, or some other combination similar in concept to avoid long solid wall corridor effects.Walls or fences located beyond the front yard setback area, in the sides and rear of a property must also be constructed of approved fence materials, but may be completely opaque fences. f. When measuring fence heights on properties which are characterized by notable topographical features, such as properties with slopes, elevation deviations, washes, swales, rock outcrops and other like features, Building and Code officers and/or inspectors shall look for reasonable compliance with fence height standards.On these properties, some variations in fence heights are expected. However, any wall or fence, or segment of a wall or fence which exceeds six feet (6') in height shall require submittal of a' proper building permit in addition to the administrative permit required in section "e" above. SECITON 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 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. THIS ORDINANCE SHALL BECOME EFFECTIVE ON DECEMBER 1, 2009. ORDINANCE NO. 1351 PAGE 4 OF 5 SIGNED AND ATTESTO) TO THIS 2ND ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: z0/0 .3 /-09 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1351 PAGE 5 OF 5 DAY OF.NOVEMBER , 2009.