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HomeMy WebLinkAboutORD951ORDINANCE NO.951 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING ARTICLES 6,16,AND 17 AS DESCRIBED IN REZONING CASE PZ-96-03 TO RECONCILE THOSE ZONING ARTICLES WITH PROVISIONS OF LANDSCAPING ORDINANCE NO.940;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT: SECTION I IN GENERAL A.A portion of Article 6 is amended to read as follows: Section 6.0112 Exceptions for Walls and Fences The yard requirements of this ordinance shall not apply to walls or fences less than four feet,six inches (4'6")in height when located in side or rear yards in residential zoning districts,or less than eight feet (8') in height when required for multiple -family,commercial and industrial parcels as outlined in Articles 16 and 17 of this ordinance and the City of Apache Junction Land Development Code (Volume I I of the City Code), Chapter 6 (Landscaping and Screening Requirements for buffering). B.Portions of Article 16 are amended as follows: Section 16.0106 Minimum Front Yard Twenty feet (20'). Section 16.0107 Minimum Side Yard Ten feet (10'). Section 16.0108 Minimum Rear Yard Twenty-five feet (25')for lots without rear alley access;ten feet (10') for lots with dedicated rear alleys;except as provided in Section 6.0115 for corner lots without rear alleys. Section 16.0109 Minimum Building Setback When commercial uses are adjacent to a residential use or district,the following building separation to property line shall apply: Building Height Setback** up to 25 feet 25 feet over 25 feet 50 feet This does not apply to accessory uses.* * ORDINANCE NO.951 PAGE ONE OF EIGHT Renumber Section 16.0109 Minimum Distance Between Main Buildings to Section 16.0110 Section 16.0111 Detached Accessory Buildings d.Detached accessory buildings shall be located to the rear or side of the primary building. e.Minimum distance to side lot lines:Ten feet (10'). f .Minimum distance to street -side lot lines shall equal that of the main building.See Ordinance No.940,Section 6-1-5-6-4. g.Minimum distance to rear lot line:Ten feet (10'). Renumber Section 16.0111 Prohibition of Rezonings to CB -1 Local Business Zone to Section 16.0112 Section 16.0207 Minimum Side Yard Ten feet (10');seven feet (7')for residential uses. Section 16.0208 Minimum Rear Yard Ten feet (10')for uses permitted in Section 16.0201-a through 16.0201-e; twenty-five feet (25')for residential uses. Section 16.0209 Minimum Building Setback When commercial uses are adjacent to a residential use or district,the following building separation to property line shall apply: * * Building Height Setback** up to 25 feet 25 feet over 25 feet 50 feet This does not apply to accessory uses. Renumber Section 16.0209 Minimum Distance Between Main Buildings to Section 16.0210 Section 16.0211 Detached Accessory Buildings d.Detached accessory buildings shall be located to the rear or side of the primary building. e.Minimum distance to side lot lines:Ten feet (10'). f .Minimum distance to street -side lot lines shall equal that of the main building.See Ordinance No.940,Section 6-1-5-6-4. g.Minimum distance to rear lot line:Ten feet (10'). ORDINANCE NO.951 PAGE TWO OF EIGHT Renumber Section 16.0211 Prohibition of Rezonings to CB -1 Local Business Zone to Section 16.0212 Section 16.0213 Buffering Requirements Refer to City of Apache Junction City Code,Volume II,Chapter 6 (Landscaping and Screening Requirements for buffering). Section 16.0309 Setbacks 2.The following minimum setbacks shall be required: a.Front yard:20 feet b.Rear yard:twenty-five feet (25')for lots without rear alley access;ten feet (10')for lots with dedicated rear alleys. c.Side yard:10 feet d.Accessory structure located in the rear yard:ten feet (10'). e.When commercial uses are adjacent to a residential use or district,the following building separation to property line shall apply: Building Height Setback** up to 25 feet 25 feet over 25 feet 50 feet **This does not apply to accessory uses. 3.Refer to City of Apache Junction City Code,Volume II,Chapter 6 (Landscaping and Screening Requirements for buffering). Section 16.0409 Setbacks 1.The following minimum setbacks shall be required: a.Front yard:20 feet b.Rear yard:twenty-five feet (25') for lots without rear alley access;ten feet (10')for lots with dedicated rear alleys. c.Side yard:10 feet d.Accessory structure located in the rear yard:ten feet (10'). ORDINANCE NO.951 PAGE THREE OF EIGHT e.When commercial uses are adjacent to a residential use or district,the following building separation to property line shall apply: Building Height Setback** up to 25 feet 25 feet over 25 feet 50 feet **This does not apply to accessory uses. 2.Refer to City of Apache Junction City Code,Volume II,Chapter 6 (Landscaping and Screening Requirements for buffering). Section 16.0505 Operations and Storage All Storage shall be within an enclosed building,unless otherwise permitted,and all storage of machinery,equipment or inventory shall be screened from view in accordance with the requirements as indicated in the City of Apache Junction City Code,Volume II,Chapter 6 (Landscaping and Screening Requirements for buffering). Section 16.0509 Setbacks 1.The following minimum setbacks shall be required: a.Front yard or any yard with a street frontage on a corner lot or multiple street frontage lot:twenty-five feet (25');no more than one yard with street frontage on a corner lot or multiple street frontage lot shall be required to be in excess of twenty-five feet (25'). b.Rear yard:twenty-five feet (25')for lots without rear alley access;ten feet (10')for lots with dedicated rear alleys. c.Side yard:10 feet. d.When commercial uses are adjacent to a residential use or district,the following building separation to property line shall apply: Building Height Setback** up to 25 feet 25 feet over 25 feet 50 feet **This does not apply to accessory uses. 2.Refer to City of Apache Junction City Code,Volume II,Chapter 6 (Landscaping and Screening Requirements for buffering). ORDINANCE NO.951 PAGE FOUR OF EIGHT Section 16.0605 Operations and Storage All Storage shall be within an enclosed building,unless otherwise permitted,and all storage of machinery,equipment or inventory shall be screened from view in accordance with the requirements as indicated in the City of Apache Junction City Code,Volume II,Chapter 6 (Landscaping and Screening Requirements for buffering). Section 16.0609 Setbacks 1.The following minimum setbacks shall be required: a.Front yard or any yard with a street frontage on a corner lot or multiple street frontage lot:twenty-five feet (25');no more than one yard with street frontage on a corner lot or multiple street frontage lot shall be required to be in excess of twenty-five feet (25'). b.Rear yard:twenty-five feet (25')for lots without rear alley access;ten feet (10')for lots with dedicated rear alleys. c.Side yard:10 feet. d.When commercial uses are adjacent to a residential use or district,the following building separation to property line shall apply: Building Height Setback** up to 25 feet 25 feet over 25 feet 50 feet **This does not apply to accessory uses 2.Refer to City of Apache Junction City Code,Volume II,Chapter 6 (Landscaping and Screening Requirements for buffering). C.Portions of Article 17 are amended as follows: Section 17.0101 Uses Permitted d.Any of the following i f conducted wholly within a completely enclosed building or within an area screened in accordance with the buffering and screening requirements listed in the City of Apache Junction City Code,Volume II,Chapter 6 (Landscaping and Screening Requirements for buffering). Section 17.0107 Minimum Side Yards Ten feet (10');except as provided in Section 17.0109. ORDINANCE NO.951 PAGE FIVE OF EIGHT Section 17.0109 Minimum Building Setback When industrial uses are adjacent to a residential use or district,the following building separation to property line shall apply: Building Height Setback** up to 25 feet 25 feet over 25 feet 50 feet **This does not apply to accessory uses. Section 17.0110 Industrial Buffer Required Where industry adjoins,faces,or confronts residential property or a major or secondary thoroughfare,such industrial use shall provide a yard of not less than ten percent (10%)of the lot depth or width on the side or sides abutting,facing,or confronting said uses,but such yard need not exceed fifty feet (50')unless a greater depth or width is required by the general provisions of any existing setback ordinance.All buffering and screening requirements listed in the City of Apache Junction Land Development Code (Volume I I of the City Code),Chapter 6 (Landscaping and Screening Requirements)shall be satisfied. Section 17.0111 Detached Accessory Buildings d.Detached accessory buildings shall be located to the rear or side of the primary building except as provided in Section 17.0109. e.Minimum distance to side lot lines:Ten feet (10')except as provided in Section 17.0109. f .Minimum distance to rear lot line:Ten feet (10')except as provided in Section 17.0109. Renumber Section 17.0111 Uses Subject to a Conditional Use Permit to Section 17.0112 Section 17.0207 Minimum Side Yards Ten feet (10');except as provided in Section 17.0109. Section 17.0209 Minimum Building Setback When industrial uses are adjacent to a residential use or district,the following building separation to property line shall apply: Building Height Setback** up to 25 feet 25 feet over 25 feet 50 feet **This does not apply to accessory uses. ORDINANCE NO.951 PAGE SIX OF EIGHT Section 17.0210 Industrial Buffer Required Where industry adjoins,faces,or confronts residential property or a major or secondary thoroughfare,such industrial use shall provide a yard of not less than ten percent (10%)of the lot depth or width on the side or sides abutting,facing,or confronting said uses,but such yard need not exceed fifty feet (50')unless a greater depth or width is required by the general provisions of any existing setback ordinance.All buffering and screening requirements listed in the City of Apache Junction Land Development Code (Volume I I of the City Code),Chapter 6 (Landscaping and Screening Requirements)shall be satisfied. Section 17.0211 Detached Accessory Buildings d.Detached accessory buildings shall be located to the rear or side of the primary building except as provided in Section 17.0109. e.Minimum distance to side lot lines:Ten feet (10')except as provided in Section 17.0109. f .Minimum distance to rear lot line:Ten feet (10')except as provided in Section 17.0109. Renumber Section 17.0211 Uses Subject to a Conditional Use Permit to Section 17.0212 SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,sub -section,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 portion thereof. ORDINANCE NO.951 PAGE SEVEN OF EIGHT PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 16TH DAY OF APRIL ,1996. SIGNED AND ATTESTED TO THIS 18TH DAY OF APRIL ,1996. DOUGLAS GOLEMAN Mayor ATTEST: KATHLEEN CONNELLY City Clerk GLMN" J.-GIMRUT Ci,Ay Attorn,ey ORDINANCE NO.951 PAGE EIGHT OF EIGHT