HomeMy WebLinkAboutORD1361ORDINANCE NO. 1361
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,AMENDING SECUON 6.0116 ACCESSORY
BUILDINGS AND STORAGE SHEDS,IN CASE AM -3-09; REPEALING ANY
CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the City Council adopted Ordinance NO.382 on September 17,
1985, that included several zoning text sections including Section 6.0116
and Section 6.0117,which set forth the regulations for Accessory Buildings
and Storage Sheds; and
WHEREAS, after work sessions and public hearings held by the Planning
and Zoning Commission, and recommendations formulated and forwarded
therefrom, the City Council adopted Ordinance No. 1279 on January 16, 2007,
which made numerous amendments to the Accessory Building regulations
originally adopted in 1985; and
WHEREAS, shortly after the adoption of Ordinance No. 1279, the City
Council gave direction to Staff to correct some inadvertent errors
contained therein; and
WHEREAS, for a time other relevant amendments to the Zoning Ordinance
pre-empted the revisions to Ordinance No. 1279, said other amendments now
being completed; and
WHEREAS, on February 23, 2010, after holding two work sessions and
one public hearing, the Planning and Zoning Commission voted 6 to 0 to
recommend approval of further text amendments to Section 6.0116 Accessory
Buildings and Storage Sheds.
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,Section
6.0116 Accessory Buildings and Storage Sheds,shall be amended as follows:
ORDINANCE NO. 1361
PAGE 1 of 7
SECTION 6.0116 ACCESSORY BUILDINGS AND STORAGE SHEDS
The following shall be applicable to accessory buildings in all residential
and commercial zoning districts except GR, TR, CB -1, CB -2, CI -1 and CI -2
(which have their own accessory building regulations).If conflicting
regulations for accessory buildings are contained in a district's
regulations or elsewhere in the Zoning Ordinance, the districts' and/or
other regulations shall apply.
1.An accessory building may be constructed upon a lot prior to the
construction of the main building for the purpose of storing tools,
building materials, business (if zoned for business) or household
goods, provided that construction of the main building is commenced
within six months after completion of the accessory building, and
provided that:
a.No accessory building shall be used for dwelling purposes,
including sleeping, living, or cooking activities.
2.Pre-existing accessory buildings/structures may be permitted to
remain without the establishment of a main building at the time of
subdivision/land split/zoning approval provided that:
a.The accessory building/structure is secured (locked) and made
safe (openings boarded up) prior to the establishment of the
main use.
b.The accessory building/structure is not used for storage or any
other purpose prior to the securing of a permit for the
establishment of the main use.
c.The accessory building/structure is in compliance with the
City's current Building Code and Zoning Ordinance.
d.No accessory building shall be used for dwelling purposes,
including sleeping, living, or cooking activities.
3.Accessory buildings are permitted in a rear yard or in the buildable
area where the main building is permitted.An accessory building in
a multiple family residential zone or commercial zone, shall not be
larger than the existing building footprint square footage of the
main structure.Accessory buildings in a single family residential
zone (minimum lot size of 20,000 square feet) shall be limited, in
terms of square footage, by the maximum lot coverage allowed for all
ORDINANCE NO. 1361
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buildings in the zone in which they are located.An accessory build-
ing in a single family residential zone (lot sizes less than 20,000
square feet) shall not be larger than seventy five percent (75%) of
the existing building footprint square footage of the main structure
and must also comply with serhAck and lot coverage requirements.
4.Maximum height for an accessory building larger than one hundred
twenty (120) square feet in area may be equal to the height allowed
for the main building.Any accessory building covering an area
greater than one hundred twenty (120) square feet when complete,
shall be subject to design criteria including:
a.Accessory buildings must be constructed of building materials
that match or improve upon the main structure.
b.Accessory buildings are encouraged to have an architectural
style that matches or improves upon the main structure.
c.Accessory buildings must complement the natural desert
landscaping with color, building materials, and architectural
style.
d.Any air conditioning units must be placed on the ground behind
accessory buildings or out of view from the public right-of-
way.
e.The height of accessory buildings is defined as the distance
from ground level to the top of the parapet or the peak of the
roof, depending on the design of the roof.
f.Seventy five percent (75%) of each exterior wall of a metal
building located in a single family residential zone and larger
than one hundred twenty (120) square feet shall be covered with
supplemental building materials including, but not limited to
masonry, stucco, siding which matches the home, textured paint
or brick.
5.Any accessory building proposed to be taller than the maximum
height allowed for the main structure in the district and/or larger
than the maximum size building and/or which adds more square footage,
as allowed by Sections 6.0116.3 and 6.0116.4 above, is subject to the
design criteria described in paragraph number 4 (immediately above)
and must be approved through a Conditional Use Permit, which may
invoke additional design criteria.
ORDINANCE NO. 1361
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6.Accessory buildings for the keeping of small animals or fowl shall be
located a minimum of fifteen (15) feet from a side or rear property
line (either within the buildable area or in the rear yard area), or
if used for the keeping of livestock, an accessory building shall
comply with the yard setbacks required for the main building or if
other sethacks are specified, those shall apply.Horse shades as
described in Section 6.0130 Equine Regulations,Which are not larger
than one hundred twenty (120) square feet in area, not taller than
ten (10) feet in height, and which are not closer than three (3) feet
to a property line, may be constructed without a permit.Horse
shades in general are not subject to the design criteria listed in
Section 6.0116.4 above.See other regulations applicable to
structures for the keeping of horses in Section 6.0130.a(4)and
6.0130.b(11).
7.Accessory buildings requiring permits shall not be located closer
than four (4) feet to a rear property line and shall also observe the
minimum side yard setback of the district in which it is located.
8.Detached accessory buildings shall have a minimum separation distance
of six (6) feet from other structures on the same lot (unless fire
resistant construction is provided therein, in accordance with the
Building Code).If an accessory building is proposed to be connected
to the main residence, then it shall become a building addition and
shall be connected along its entire length on one side to the main
residence and must comply with all sethAck requirements for the main
residence.
9.The requirements for accessory buildings located on corner lots and
on corner lots adjacent to key lots are as follows:
a.On any corner lot, the accessory building shall not be located
closer to the street side pruperty line than that required for
the main building.
STREET
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NORMALCORNERLOT
ORDINANCE NO. 1361
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b.No part of any accessory building within ten (10) feet of the
rear lot line shall be nearer the street lot line than the
depth of the front yard required on the key lot.This would
only be provided if the rear of a corner lot adjoins a key lot
in the same zoning district.
•.1 A
KEY AND INTERIOR LOTS
CORNER LOT
ADJACENT TO A KEY LOT
•1-4- <10'
STREET
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The following corresponds to the letters located in
the above image.
Residential Lots in the same Zoning District:
The street side yard setback for the main residence
on a corner lot and street side yard setback for an
accessory building behind main residence on a
corner lot, must match the front yard setback for the
main residence on the "key" lot.
The side yard setback for an accessory building
larger than one hundred twenty (120) square feet in
area must meet the minimum side yard setbacks
required for the main building.
This structure represents a "storage shed" as defined
in Section 6.0116.11.
10.Accessory buildings used as a garage or carport having access flum an
alley shall not be located closer than fifteen (15) feet to the
center line of said alley.
11.Storage sheds (such as those commercially available at big -box
retailers, used primarily for storage purposes) and tool sheds, in
residential districts, of a height no greater than seven (7) feet and
ORDINANCE NO. 1361
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the total square footage of which does not exceed one hundred twenty
(120) square feet shall not be subject to permit requirements for
accessory buildings provided:
a.Such shed is located in the side or rear yard of the property
and is a minimum of three (3) feet from property lines;
b.No electric, gas, water, or sewer lines are connected to such
shed;
c.All drainage flows onto the owner's property;
d.Storage sheds and tool sheds, as described in this section,
shall not be subject to the design criteria as described in
Section 6.0116.4 above;
e.In mobile/manufactured home 0s4-0 parks, recreational vehicle
(RV) parks and RV subdivisions, one (1) storage or tool shed as
described in this section shall be allowed to be located
anywhere in the side or rear yard of the NH or RV lot area.
Additional storage or tools sheds as described in this section
shall be subject to the sethAcks requirements indicated in
Section 6.0116.11(a)above.
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 6TH DAY OF APRIL , 2010.
SIGNED AND ATiESTED TO THIS 6TH DAY OF APRIL , 2010.
A
JOHN INSALACO
Mayor
ORDINANCE NO. 1361
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?Ur:"
ATTEST:
KATHLEEN OMVELLY
City Clerk
APPROVED AS TO FORM:
4dgier ati7
R. JOEL STERN
City Attorney
ORDINANCE NO. 1361
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