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HomeMy WebLinkAboutORD1362ORDINANCE NO. 1362 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 1-5 DEFINITIONS,AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS,SECTION 1-6-21 [RESERVED];AND ADOPTING BY REFERENCE THAT CERTAIN DOC "AMENDMENTS T O THE APACHE JUNCTION CITY C LAND DEVELOPMENT CODE,CHAPTER 1,ZONING 9 1-5 DEFINITION O F HOME -BASED OCCUPATIO GENERAL PROVISIONS AND EXCEPTIONS, BASED OCCUPATIONS PERMITTED";REPE, PROVISIONS; AND PROVIDING FOR SEVE T ENTITLED E,VOLUME II, DINANCE,ARTICLE AND ARTICLE 1-6 CTION 1-6-21 HOME- ING ANY CONFLICTING ILITY. WHEREAS,this case,-2-08 was jóriginally presented to the Planning and Zoning Commission for iscussion on March 25,2008, and at several additionfl S ssions thereafter for review mriti 1-1r1 WHEREAS,the curr has fallen short of a variety of types of Occupations; and WHEREAS,the describes both criteria for e ition of "Home -Based Occupation" y encompassing and addressing the s the City receives for Home -Based sed new text amendment clarifies and ermitted and not -permitted uses,and ing Home -Based Occupations; and WHEREAS,fplLie Planning and Zoning Commission,at their meeting of Se te e r 28,2010,recommended in favor of the amendments to e Definitions and General Provisions and Exceptions Sect'ons of the Zoning Ordinance in Case No.AM -2-08 by a vote of 6 o 1; and WHEREAS Arizona Revised Statutes Annotated (herein after "A.R.S.")§/9-802 permits municipalities to enact the provisions of a cod o r public record theretofore in existence without setting forth such provisions in full text a s long a s the adopting ordinance is published in full text and at least three copies 16f the code or public record are filed in the office of the cl6rk of the municipality and are made available for public /use a ndinspection; and WHEREAS,pursuant to A.R.S.§§9-801(1)and 9-802,codes which may be adopted by reference include those relating to definitions and general provisions and exceptions; and ORDINANCE NO. 1362 PAGE 1 OF 3 WHEREAS,City staff has determined that for administr ive efficiency,it is more appropriate to adopt the p,F4osed amendments to the Apache Junction City Code,Volume /la,Land Development Code,Chapter 1,Zoning Ordinance,by refereince. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND ,CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL ii r 1. That existing Apache Junction City Code,olume II,Land Development Code,Chapter 1,Zoning Ordi ance,Article 1-5 DEFINITIONS and Article 1-6 GENERAL PRO ISIONS AND EXCEPTIONS,SECTION 1-6-21 [RESERVED]re hereby repealed. i l 2. That certain document known as "Ame dments to Apache Junction City Code, Volume II, Ch ter 1,Zoning Ordinance, Article 1-5 DEFINITION OF HOME-B9t ED OCCUPATION and Article 1-6 GENERAL PROVISIONS AND EXCE? IONS, SECTION 1-6-21 HOME- BASED OCCUPATIONS PERMITTED,t ree copies of which are on file in the office of the Cit.,' Clerk of the City of Apache Junction, which document was made a public record by Resolution No. 10-39 of th- City of Apache Junction, Arizona, is hereby referrz. to, adopted and made a part hereof as if fully set o t in this ordinance, pursuant to A.R.S. § 9-802. SECTION II REPEALING ANY QONFLICTING PROVISIONS: All ordinances and p a provisions of this ord s of ordinances in conflict with the ance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY: If any section,s of this ordinanc reference,is unconstitutiona jurisdiction, remaining par PASSED AND APACHE JUN -section,sentence, phrase,clause or portion ,or any part of the code adopted herein by for any reason held to be invalid o r b y the decision of any court of competent uch decision shall not affect the validity of the ions thereof. OPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF TION, ARIZONA, THIS DAY OF , 2011. SIGNED AND ATTESTED TO THIS ORDINANCE NO. 1362 PAGE 2 OF 3 DAY OF , 2011. JOHN S. INSAleACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD JOEL STERN City Attorney ORDINANCE NO. 1362 PAGE 3 OF 3 AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II, CHAPTER 1, ZONING ORDINANCE, ARTICLE 1-5/ DEFINITION OF HOME -BASED OCCUPATION AND ARTTtLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS, SEC,tION 1-6-21 HOME -BASED OCCUPATIONS PERMITTED AMENDED SECTIONS SECTION 1-5-1-B DEFINITIONS; RULES OF INTERPRETATION SECTION 1-6-21 GENERAL PROVISIONS AND EkCEPTIONS 1 1 The Apache Junction City Code, Volume II and Development Code,Chapter 1,Zoning Ordinance,Artic e 1-5 Definitions, Section 1-5-1-B shall be amended as fo ows: L Home Based Occupation shall mean an/activity carried on by the occupant of a dwelling as a seI ondary use, including professional and semi-professiona offices, when conducted and entered from within the dweying, in connection with X4 7 which there is no public displY of stock in -trade upon the premises, not more than one (/)nonresident of the premises is employed and not more tha one-fourth of the floor area of one (1) story of the ma .,building or a detached home workshop of not more than 00 square feet in area is used for such home occupation- and provided that the residential character of the dwelling is not changed by said use and that such occupation does not cause any sustained or unpleasant or unusual noises or vibrations, or noxious fumes or odors, whic unreasonably interfere with the use and enjoyment of t - surrounding property by their owners or occupants, or zuse any parking or traffic congestion in the immediate ne ..hborhood.Home Based Occupations are subject to the . ovisions in Section 1-6-21 Home Based Occupations Pe. itted. / h The Apache J ction City Code, Volume II Land Development Code,Chapt r 1,Zoning Ordinance,Article 1-6 General Provisions / and Exceptions,Section 1-6-21, shall be amended as follows': 1-6-21 J HOME -BASED OCCUPATIONS PERMITTED 1. PURPOSES. A. A home occupation is permitted as an accessory use in the districts shown in Table 6 - 1. The purposes of the home occupation regulations and criteria are: 1)To establish criteria for operation of home -based occupations in residential dwelling units where allowed in various zoning districts; 2)To permit and regulate the conduct of home occupations as an accessory use in a dwelying unit, whether owner or renter -occupied; 3)To ensure that such home occupat compatible with,and do not have a effect on adjacent and nearby properties and uses; 4)To ensure that public and priv as streets,sewers,water or not burdened by the home occ1.1 that usage exceeds that no residential use; 5)To allow residents of residences as places personal economic go standards, condition ons are eleterious residential e services such fility systems are ation to the extent ally associated with tye community to use their to enhance or fulfill s,under certain specified and criteria; 6)To enable the fai and consistent enforcement of these home occup ion regulations; 7)To promote an protect the public health,safety and general wOlfare; 8)To ensure Ihat all home -based occupations,which receive c stomers on -site,comply with minimum Building Code and ADA (American's with Disabili ies Act) requirements. 2.CRITERIA. No home occu may be initi except in c forth in t they compl check mar applicab tion,except as otherwise provided herein, ted,established,or maintained in the city formance with the regulations and criteria set s Section.Home occupations are authorized if with the following criteria in Table 6 - 1. A "Y" indicates that the criteria applies in the é district.A check mark "NO" indicates that the criteria does not apply. 3.HOME OCCUPATIONS PERMITTED. A home occupation shall be operated and maintained in a manner that does not interfere with the peace,quiet and dignity of the neighborhood. 4. HOME OCCUPATIONS NOT PERMITTED. The following list includes, but is not necess to,the uses that shall not be permit, occupations in Residential Zoning Districts: office (excluding any type of psychologic may be allowed);motor vehicle repair/ vehicle restoration or conversion for engine repair; furniture refinishing; outdoor recreation activities;medic for animals including animal care, facilities (commercial horse b subject to code requirements); shop;retail sales of inventorj directly from the premises; and catering;contractor procedures, body piercing all of a residence as a typ purchased directly. 5.UNSAFE HOME OCCUPATIONS. ily limited ed as home medical/dental therapy, which //or similar uses; ommercial purposes; ymnastic facilities; 1/cosmetic facilities et grooming or boarding rding may be allowed machine,welding or metal d and/or in -stock products ommercial food preparations shops;mortuaries;medical /or painting, tattoos; the use of store,where products are If any home occupatio9f is deemed by the Development Services Director or is or her designee to be dangerous or unsafe, or presentsfr safety hazard to the public, the Development Servic s Director or designee shall issue an order to the dwel ing owner and/or tenant of the property on which the hom occupation is being undertaken to correct the dangerous o unsafe situation or terminate the use. The property .wner and/or tenant shall be responsible for taking the -cessary corrective steps or measures,but in the event o a failure to do so by the owner and/or tenant, after not'ce and a reasonable period of time,the Developme Services Director or designee may take any and all ava able enforcement actions to render the home occupati.n and dwelling safe.Costs incurred by the Develop ent Services Director or designee,if forced to take -nforcement actions,shall be borne by the property owner and shall be treated as a zoning violation. Table 6 - 1 Home Occupation Criteria by Zoning District 7 ' *CR-1/CR-4/Residential GR *R1-43 CR-2/CR-5/TH uses in Criteria CR-3/R-1 other R1-8 Zones 1. The home occupation shall conform with applicable state and county statutes, city ordinances and regulations and shall be reviewed by the Development Services Director or designee for compliance Y Y Y Y Y Y with the code. 2. The operator of a home- based business must be a Full-Y Y Y Y Y Y Time Resident of the premises. 3. Area devoted to home occupation use shall maintain a Y Y Y Y Y Y residential appearance. 4. No more than one (1) non- resident employee shall be Y Y Y Y NOpermitted to work at the home occupation. 5. Not more than twenty-five percent (25%) gross floor area shall be used for the home Y Y Y Y Y NO occupation. 6. Customer hours shall . -Y Y Y Y Y NObetween 8:00AM & 8:01 •M (*These distlicts include MH Districts) *CR-1/CR-4/Residential GR *R1 CR-2/CR-5/TH-43 Uses in Criteria CR-3/R-1 other R1-8 Zones 7. The home occupation operator shall demonstrate that public facilities & utilities are adequate to safely accommodate the home occupation. 8. Any inside storage of goods & materials shall not include flammable, combustible Y Y Y Y Y Y toxic/hazardous or explosive materials. (Typical consumer household goods and materials not included.) 9. Parking for home occupation customers shall be provided in the driveway or in the street &Y Y Y Y Y NO shall not create hazards or street congestion. 10. Outside storage of heavy equipment or material shall be Y Y Y Y Y Y screened from any public view. 11. No truck or van being used for the home occupation with a payload rating of more than one Y Y Y Y Y NO (1) ton shall be parked in a residential front yard. 12. Any motorized/mechanize. equipment shall be used only in a Y Y Y Y Y Y completely enclosed buildi . 13. No generation of dus odors, noise, or vibration by th home occupation shall be pe ceptible Y Y Y Y Y Y beyond the property m e. 14.Deliveries and .ickups for home occupatio . shall occur only between 8.40 a.m. & 8:00 Y Y Y Y Y NO p.m. and shall ot block traffic circulation. /(*These districts include MH Districts.)