HomeMy WebLinkAboutORD1455ORDINANCE NO. 1455
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:RESIDENTIAL BULK REGULATIONS,SECTION
1-5-2:RESIDENTIAL BULK REGULATIONS,IN CASE AM -3-17; REPEALING
ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, on May 6, 2014, the city council adopted Ordinance
No.1402,which approved new zoning maps and a new zoning
ordinance for the city; and
WHEREAS,it is a widely held community planning and neighborhood
revitalization strategy to "put more eyes on the street" and one such way
is to encourage residents to spend time on their front porches; and
WHEREAS, the city's current zoning code does not allow encroachments
into the front yard setback and many homes were built to the front setback
line and therefore do not have the ability to add a front porch or patio
cover; and
WHEREAS, other communities have language in their zoning codes to
allow front porches or patio covers to encroach into the front yard setback
as a means to improve neighborhood quality and character; and
WHEREAS,on October 24,2017,after a public hearing and
two work sessions with staff,and after considering suggested
language changes from commissioners,planning and other city
staff,other interested individuals and comments from the
public,the Planning and Zoning Commission voted 7 to 0,to
recommend changes to the city's zoning ordinance allowing patio
covers and front porches to encroach into the front yard
setback.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA:
SECTION I:IN GENERAL
That the Apache Junction City Code,Volume
Code,Chapter 1:Zoning Ordinance,Article
Use Regulations,Section 1-5-2 Residential Bulk Regulations
amended as follows:
ORDINANCE NO. 1455
PAGE 1 OF 3
II,Land Development
1-5:Zoning Bulk and
Bulk Regulations,be
g•
1)Section 1-5-2, Table 5-2 be amended adding Footnote 12, to read as
follows:
An unenclosed covered porch may be permitted in the
required front yard setback for single family homes in the
following residential zoning districts: RS-GR, RS -54, RS-
54M, RS -20, RS -20M, RS -10, RS -10M, RS -7, RS -7M, and RS -5
subject to the following standards:
a. It is structurally integrated with architecturally
compatible building materials to the main building, must
have a roof and shall not be taller in height than the
main building's roof. The allowance for a covered front
porch does not include an allowance for a patio cover,
gazebo or pergola or similar structure.
b. It shall not encroach more than ten (10) feet from the
main building into the required front setback and for
zoning districts with a twenty (20) foot setback shall be
setback a minimum of ten (10) feet from the front
property line.
c. The area of the covered front porch does not encompass
more than twenty-five (25) percent of the required front
yard for the residential zoning district.
d.A three foot maximum pony wall, including its footing,
and setback a minimum of ten (10) feet from the property
line, may be permitted and must be integrated into the
design of the home.
e. The covered front porch shall remain an open-air
structure and at no time shall the covered front porch be
enclosed in any manner, including walls, windows, or a
screen room or Arizona room.
f. Any covered front porch shall not encompass more than the
actual width of the main building structure on the street
facing frontage.
Any covered front porch shall not be used as a carport or
as an extension to a carport or be placed in front of a
carport or garage.
ORDINANCE NO. 1455
PAGE 2 OF 3
SECTION II:REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions of
this ordinance or any part of the codes adopted herein by reference 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 codes or regulations 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.
SECTION IV:PROVIDING FOR PENALTIES
Any violation of the provisions adopted herein shall be punishable as a
class one misdemeanor consistent with Apache Junction City Code, Volume II,
Article 1-16 Administration, Section 1-16-16 Penalties.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION, ARIZONA, THIS cZ f e r DAY OF A tem.661(, 2017.
SIGNED AND ATTESTED TO THIS cRi.67-DAY OF /11/0V45/41.6.4 , 2017.
ATTEST:
THLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
1031•1
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1455
PAGE 3 OF 3
Mayor
T Lv