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HomeMy WebLinkAboutORD1095ORDINANCE NO.1095 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,VOLUME II,GENERAL PROVISIONS AND EXCEPTIONS,LAND DEVELOPMENT CODE,CHAPTER 6,ARTICLE 6- 1,LANDSCAPING AND SCREENING REQUIREMENTS:REPEALING ANY CONFLICTING PROVISIONS,AND PROVIDING FOR SEVERABILITY. WHEREAS,the City of Apache Junction passed and adopted Ordinance 940 on February 20,1996,which added landscaping and screening requirements to new development:and WHEREAS,the City of Apache Junction wishes to apply the landscaping and screening requirements equally to all new development: WHEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT: SECTION I IN GENERAL The Apache Junction City Code,Volume II,Land Development Code,Chapter 6, General Provisions and Exceptions,Article 6-1,Landscaping and Screening Requirements,be amended to read as follows: Section 6-1-2 Applicability The standards outlined in this Chapter shall apply to the following structures and uses in all single-family dwelling subdivisions,mobile and manufactured home and recreational vehicle subdivisions and parks, commercial,retail,office,industrial and multiple -family uses and zones: 1.All structures and uses of land established or developed after the effective date of this Ordinance. 2.When a change in use occurs to an existing structure or use,a minimum of fifty (50)percent of the requirements outlined in Article 6-1 shall be required.The exact physical location,number and type of plantings are subject to approval by the Development Services Director. ORDINANCE NO.1095 PAGE ONE OF THREE 3.Physical alterations to,or expansions of established uses in the amount of twenty-five (25)percent or more of the existing building square footage. Section 6-1-5 Landscaping,subparagraph (B)(2): Required yards fronting on a public street in all single-family dwelling subdivisions,mobile and manufactured home and recreational vehicle subdivisions and parks,commercial and multiple -family uses and zones shall be entirely landscaped,excluding driveways and walkways. I.A minimum of ten (10)percent of any commercial or multiple -family building site shall be landscaped. Section 6-1-5 Landscaping,Paragraph (F)Retention Basins: All private and public stormwater retention basins in single-family dwelling subdivisions,mobile and manufactured home or recreational vehicle subdivisions or parks,commercial,industrial and multiple -family building sites shall be landscaped.Such basins may not occupy more than fifty (50) percent of any landscaped area fronting on a public street,except that where exceptional design or shallow depths are proposed for the retention basin,the Development Services Department may permit a greater use of the frontage landscaped area. 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 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. ORDINANCE NO.1095 PAGE TWO OF THREE PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 20TH DAY OF JM Y ,1999. SIGNED AND ATTESTED TO THIS 2ND DAY OF AUGUST ,1999. DOUGLAS ELEMAN Mayor ATTEST: 'a-eX.Z4-e—/LSt - e - f PLEEN CONNELLYKATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: 7 -22- RICHARD J.STERN City Attorney ORDINANCE NO.1095 PAGE THREE OF THREE