HomeMy WebLinkAboutORD1556 ORDINANCE NO. 1556
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1:
ZONING ORDINANCE, ARTIC—LE- 1-6: SUPPLEMENTAL REGULATIONS
BY AMENDING IN—ITS ENTIRETY § 1--6-19: ACCESSORY DWELLING
UNITS; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR PENALTIES.
WHEREAS, the Arizona State House of Representatives
approved House Bill 2720, requiring Arizona municipalities to
amend their zoning regulations relating to accessory dwelling
units; and
WHEREAS, the planning and zoning commission also recommended
to the city council on October 8, 2024, in a vote of 5 : 1, to
approve a zoning amendment to comply with the state law; and
WHEREAS, pursuant to A.R. S. § 9-462 . 01 (J) , the city
council,
before adopting any zoning ordinance or text amendment
of general applicability, shall consider the probable impact the
proposed zoning ordinance or text amendment would have on the
cost to construct housing for sale or rent. Being a mandate by
the state legislature, the council finds this enactment has no
such impact.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
1 . Existing Apache Junction City Code, Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article -i
Supplemental --6-
§u 1 Regulations, § 1-6-19 Accessory Dwelling Units,
is amended in its entirety as follows:
§ 1-6-19 ACCESSORY DWELLING UNITS
(A) An accessory dwelling unit is an attached or
detached residential dwelling unit that may provide
complete independent living facilities for 1 or more
persons, and which may include provisions for living,
sleeping, eating, cooking, and sanitation on the same
parcel where the primary single-family dwelling is
situated. An accessory dwelling unit may also be known as a
secondary dwelling unit, granny flat, property caretaker' s
dwelling or guest house. Accessory dwelling units should
not be confused with "accessory structures", which are
defined and regulated differently in Apache Junction City
Code, Vol . II, § 1-6-5 .
ORDINANCE NO. 1556
PAGE 1 OF 4
(B) Accessory dwelling units shall comply with the
following regulations .
(1) Permit required. An administrative use permit ("AUP")
shall be required prior to construction and use of an
accessory dwelling unit.
(2) Number allowed. One accessory dwelling unit is
permitted on a residential lot in all single-family
detached residential zoning districts. This limitation does
not include a personal caretaker' s unit, which is
separately described and regulated in Apache Junction City
Code, Vol . II, § 1-6-20 .
(3) Design.
(a) Accessory dwelling units may be detached, attached,
or directly accessible from the primary dwelling unit . An
accessory dwelling unit, shall be constructed as a
conventional (i . e. , site-built) structure. it is
recommended that the design of the building complements or
improves upon the main building' s design.
(b) Property caretakers, however, working as ranch
hands for approved commercial horse boarding facilities may
use a motor home, travel trailer or 5th wheel RV unit for
their accommodation. See Apache Junction City Code, Vol.
II, § 1-6-7 (D) (7) .
(4) Setbacks. Accessory dwelling units shall comply with
the main building' s front setback requirements and shall
have a minimum setback of 5 feet on the rear and sides.
(5) Size. An accessory dwelling unit shall not be larger
than 75% of the main building' s square footage or 1, 000
square feet, whichever is less.
(6) Height. The maximum height of an accessory dwelling
unit shall comply with the main building' s maximum height
restrictions.
(7) Kitchen allowed. An accessory dwelling unit shall be
permitted to have a kitchen.
(8) Rentals allowed. An accessory dwelling unit is
permitted to be operated as a separate long-term rental
housing unit . Per A. R. S. § 9-461 . 18, "long-term rental"
means rental use in which the tenant holds a lease of
ninety days or longer or on a month-by-month basis .
ORDINANCE NO. 1556
PAGE 2 OF 4
(9) Addressing and utilities. An accessory dwelling unit
may be permitted to have a separate address unit
identifier, utility services/meters, and sewer/septic
systems from the main dwelling unit .
(10) Driveway access. The main dwelling unit and the
accessory dwelling unit shall both use the same driveway
for access .
(11) Conditional use permit modification option.
Modifications to the maximum size and height of an
accessory dwelling unit may be allowed by approval of a CUP
in accordance with Apache Junction City Code, Vol . II,
§ 1-16-12 (D) (4) .
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
Unless noted otherwise, any violation of any provisions adopted
herein, shall be punishable as a class 1 misdemeanor consistent
with Apache Junction City Code, Volume II, Chapter 1: Zonin
g
Ordinance, Article 1-16: Administration, § 1-16-16 Violations,
Penalties and Enforcement.
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS q , 2024 .
DAY OF
SIGNED AND ATTESTED TO THIS DAY OF 2024 .
WALTER "CHIP" WILSON
Mayor
ORDINANCE NO, 1-556
PAGE 3 OF 4
ATTEST:
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APPROVED AS TO FORM:
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IC HARD J. STERN
City Attorney
ORDINANCE NO. 155
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