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HomeMy WebLinkAboutORD1355ORDINANCE NO. 1355 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 6 GENERAL PROVISIONS AND EXCEPTIONS,AND ARTICLE 20 PARKING, LOADING AND INTERIOR OR PRIVATE STREET STANDARDS;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 clearer definitions, clarifying what can be placed or parked in a front yard and revising the codes relative to fence heights in front 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, recommended in a vote of 6 to 1 approval of case AM -4-09 as stated in the public record; and WHEREAS, the City Council held a work session discussion on the proposed amendments to the front yards regulations on October 5, 2009, and expressed interest in possibly incorporating additional Changes to the proposed amendments; and WHEREAS, at their public hearing on October 20, 2009, the City Council approved Ordinance No. 1350 as recommended by the Planning and Zoning Commission and did not incorporate any of the changes they had discussed at their Work Session on October 5; and WHEREAS, at their meetings on November 3 and November 17, 2009, the City Council directed Staff to draft a new ordinance, making specific changes to Ordinance No. 1350, including deletion of clauses in Section 6.0110.1(b) and (c)which limited or prohibited accessory buildings from being located in front yards in residential zoning districts; and deletion of the clause in Section 20.0106 which required that a recreational vehicle or semi -rig, parked in the side yard on a residential property, be screened by an opaque six-foot high fence and gate. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: ORDINANCE NO. 1355 PAGE 1 OF 3 SECTION I IN GENERAL The Apache Junction City Code, Volume II,Land Development Code,Chapter 1, Zoning Ordinance,Article 6 General Provisions and Exceptions,and Article 20 Parking, Loading and Interior or Private Street Standards,shall be amended as follows: Section 6.0110.1 Other Structures or Items in Front Yards in General Paragraph "b" is hereby deleted; Paragraph "c" shall be renumbered as paragraph "b", and shall be re -written as follows: b. Items which are not allowed to be located in the front yards in residential zoning districts include: Recreational vehicles as defined in this Code; semi -rig cabs and/or trailers, except during loading and unloading situations or for short durations of time, not to exceed one and one-half (1-1/2) hours in any twenty-four (24) hour period; utility trailers or toy haulers either by themselves or storing jet skis, "dirt bikes", All Terrain Vehicles (i.e., vehicles not normally permitted to be driven on public streets), boats and other similar vehicles, or tools, equipment or other personal items; items or vehicles which do not belong to the owner or lessee of the same property. Section 20.0106 Parking - Additional Requirements Section 1 shall be re -written as follows: 1.One (1) recreational vehicle which shall not be used for any purpose (including but not limited to living, sleeping, camping, storage or business purposes), or one (1) semi -rig cab (with or without a trailer) may be stored or parked in a residential zoning district in the rear yard, if room permits, or stored in a completely enclosed garage.An exception may be granted for a recreational vehicle or semi -rig cab (with or without trailer), to be stored or parked in a side yard, if there is adequate space in said side yard and if such vehicles do not encroach beyond the nearest front façade of the dwelling on the same premises. ORDINANCE NO. 1355 PAGE 2 OF 3 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 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 15TH DAY OF DECEMBER ,2009. SIGNED AND ATTESTED TO THIS 15TH DAY OF DECEMBER Mayor ATTEST: City Clerk APPROVED AS TO FORM: 124.09 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1355 PAGE 3 OF 3 , 2009.