HomeMy WebLinkAboutRES 21-31 RESOLUTION NO. 21-31
A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK
AND ENTITLED "AUGUST 2021 AMENDMENTS TO THE APACHE
JUNCTION CITY CODE, VOLUME II, ZONING ORDINANCE, ARTICLE
1-5: ZONING BULK AND USE REGULATIONS, SECTION 1-5-2 :
RESIDENTIAL BULK REGULATIONS, TABLE 5-2: FOOTNOTES 7,
8, 9, and 10; ARTICLE 1-6: SUPPLEMENTAL REGULATIONS,
SECTION 1-6-5 : ACCESSORY STRUCTURES; 1-6-8 : CARGO
CONTAINERS, AND ARTICLE 1-17 : DEFINITIONS" REPEALING
ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Arizona Revised Statutes Annotated (hereinafter
"A.R.S. ") § 9-802 permits municipalities to enact the provisions
of a code or public record in existence without setting forth
such provisions in full text as long as the adopting ordinance
is published in full text, one paper copy is filed with the city
clerk and one electronic copy is accessible on the city' s
website with both therefore available for public use and
inspection; and
WHEREAS, pursuant to A.R.S. §§ 9-801 {1} and 9-802, such
codes include land development regulations include the zoning
code; and -
WHEREAS, a work session on August 2, 2019 and a public
hearing on August 17, 2021 were held to discuss the proposed
amendments; and
WHEREAS, city staff has identified such provisions herein,
and it is the intent of the city to declare such documents and
compilations as public records, on file in the office of the
city clerk.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS, FOLLOWS:
SECTION I IN GENERAL
1. That certain document entitled, "August 2021 Amendments to
the Apache Junction City Code, Volume II, Land Development
RESOLUTION NO. 21-31
PAGE 1 OF 2
Code, Chapter 1 : Zon,1112_Cardin ance, Article 1-5 : Zoning lk
and Use Regulationy, Section 1-5-2 : Residential Bulk
Rea y1ALj±;_;, TABLE 5-2: Fbotnot.es 7, Eb and 10; Article
1-6: Suoulemental R, a r-1()n 3, Section 1-6-5: Access or
Structures, Sec 1-6-8 : gARgI,g2ntainers; and Article4 I-
nitions", orie electronic copy which is accessible cn
th city' s website ; . n, ) and one paper copy
which is filed in the office of the city clerk, is hereby
declared to be a pniblic record and shall be made available
for public use and inspection.
SECTION !I REPEALING ANY CONFLICTING PROVISIONS
All resolUtions arKJ parts of resolutions in conflict with the
provisions of this resolution or any part of the codes adopted
herein, are hereby repealed.
SECTION III PROVIDING FOR SEVERABILITY
If any section, subsection, sentence, phrase, clause or Portion
of this resolution or any JDart of Lhe codes or regulations
adopted herein is for any reason held to be invalid or
unconstitutional by the decision of any court of comp enL
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
SECTION IV ESTABLISHING AN EFFECTIVE DATE
The provisions of this ordinance shall be effective beginning
January 2, 2022 .
PASSED AND ADOPTED BY THE MAYOR AND cury, COUNCIL OF THE (ljrFy OF
APACHE JUNCTION, ARIZONA, THIS DAY OF 2021 .
SIGNED AND ATTESTED TO THIS Jf? DAY OF' IIWIY4 21 .
Mayor
ATTEST:
RESOLUTION NO. 21-31
PAGE 2 OF 2
City Clerk
APPROVED AS 'F0 F'ORM:
-21
RICHARD J . STERN
City Attorney
"AUGUST 2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,VOLUME II,
LAND DEVELOPMENT CODE CHAPTER 1: ZONING ORDINANCE,ARTICLE 1-5: ZONING
BULK AND USE REGULATIONS,SECTION 1-5-2: RESIDENTIAL BULK REGULATIONS
TABLE 5-2: FOOTNOTES 7,8,9,AND 10;ARTICLE 1-6: SUPPLEMENTAL
REGULATIONS,SECTION 1-6-5:AC,CESSORY STRUCTURES. SECTION 1-6-8: CARGO
CONTAINERS;AND ARTICLE 1-17: DEFINITIONS",ONE ELECTRONIC COPY WHICH IS
ACCESSIBLE ON THE CITY'S WEBSITE (WWIrW.AJCITY.NET) AND ONE PAPER COPY
WHICH IS FILED IN THE OFFICE OF THE CITY CLERK, IS HEREBY DECLARED TO BE A
PUBLIC RECORD AND SHALL BE MADE AVAILABLE FOR PUBLIC USE AND
INSPECTION.
The following amendments are made to the Apache Junction City Code,Volume II, Land
Development Regulations, Chapter 1: Zoning Ordinance:
(A) § 1-5-2 RESIDENTIAL BULK REGULATIONS.Table 5-2. Footnotes 7, 8,9, and 10 in
Table 5-2, Residential Bulk Regulations shall be amended as follows:
7.Maximum size for accessory structures in the RS-GR district. There is no size limit on
accessory structures in the RS-GR district.
Maximum size for accessory structures in the RS-54 and RS-54M district The maximum
accessory structure size is 2,000 square feet,but may be increased to 5,000 square feet
provided that any structure greater than 2,000 square feet meets the main building
setbacks..
Maximum size for accessory structures in all residential districts not zoned RS-GR and RS-54
and RS-54M. The total aggregate square footage of all accessory structures shall not exceed
50 percent of the main structure's roof area or shall not cover more than the lot coverage
percent specified for the zoning district,whichever is less.
8. Maximum height for accessory structures in the RS-54 and RS-54M district.The maximum
accessory structure height is 20 feet for RS-54 and RS-54M zoned properties.
9.Setbacks for metal sided accessory structures in RS-54 and RS-54M district Accessory
structures with metal siding located within the RS-54 and RS-54M zoning districts shall
meet the main building setbacks.
1 aAccessory structures<120 square feet Accessory structures less than 120 square feet in
size shall not be located between the main structure (home) and the front property line,
and shall have a minimum side and rear setback of 3 feet.Accessory structures shall meet
all setback requirements and shall not be located within any front yard setback,public
right-of-way,alley or off-street parking areas,utility/drainage/roadway easements
(inclusive of private or federally patented easements) or in any required landscape setback
area.
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(B) § 1-6-5 ACCESSORY STRUCTURES
A. General Standards for Accessory Structures in All Zoning Districts.
1. Accessory Structures.An accessory structure is any non-habitable (no bathing
facilities or stove/oven) structure that is greater than 120 square feet in size,
and detached from the principal structure and includes overseas shipping
containers,as defined herein.Dimensional standards for accessory
structures are set forth in Article 1-5 of this code,Tables 5-2 and 5-4 [see Vol.
II, §§ 1-5-2 and 1-5-4].
2. Permit Required. Permits are required for any accessory structure over 120
square feet in size,with the exception of shade structures that do not exceed
200 square feet in area and 10 feet in height.
3. Shade Structures.An unenclosed (open air with no sides) shade structure,not
exceeding 200 square feet in area and not exceeding 10 feet in height to the
midpoint of the roof,is permitted in all residential zoning districts.Any such
shade structure constructed pursuant to this section shall not require a
building permit, but shall be subject to all other provisions of the Apache
Junction City Code,Vol. 1, Chapter 7: Buildings,Article 7-1:Apache junction
Division of Building Safety and Inspection Administrative Code,§7-1-6 (B).
4. Anchoring.All accessory structures and shade structures shall be anchored in
accordance with Apache junction City Code,Vol. 1, Chapter 7: Buildings.
S. Setbacks.Accessory structures shall meet all setback requirements and shall
not be located within any front yard setback,public right-of-way,alley or off-
street parking areas,utility/drainage/roadway easements (inclusive of
private or federally patented easements) or in any required landscape
setback area.Setbacks for accessory structures can be found in Article 1-5 of
this code Table 5-2: Residential Bulk Regulations and Table 5-4: Non-
Residential Bulk Regulations [see Vol. 11,§§ 1-5-2 and 1-5-41.
6. Minimum Distance Requirements.
a.All accessory structures,including shade structures,shall be located a
minimum of 6 feet from all existing main structures and proposed
accessory structures,regardless of size, unless the Building Official
determines that the construction method used would allow for closer
spacing.
b. All structures shall be located a minimum of 10 feet from a septic
tank.
c. Accessory structures shall be located 15 feet from any non-FEMA
wash.
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7. Total Lot Coverage and Maximum Size of Accessory Structures. There is no
size limit on accessory structures in the RS-GR district. In the RS-54 and RS-
54M district,the maximum accessory structure size is 2,000 square feet,but
may be increased to 5,000 square feet provided that any structure greater
than 2,000 square feet meets the main building setbacks. In all residential
districts not zoned RS-GR and RS-54 and RS-54M, the total aggregate square
footage of all accessory structures shall not exceed 50 percent of the main
structure's roof area or shall not cover more than the lot coverage percent
specified for the zoning district,whichever is less. For all residential zoning
districts,accessory structures shall not cover more than the lot coverage
percent specified for the zoning district.
8. Utility Connections.Accessory structures may be served with utilities,such as
electrical and plumbing for water,with the appropriate permits. No sanitary
plumbing fixtures for bathing or cooking shall be permitted in any accessory
structure.
9. Emergency Use. In conjunction with required permits for home repairs,the
emergency use of overseas shipping containers shall be permitted on all lots
as a result of damaged caused by flood, fire,wind, or termites.The container
may remain onsite for no more than 60 calendar days,with the ability to
apply for a 30-calendar day extension.
10.Temporary Moving Containers.Temporary moving containers (e.g., PODS)
shall be allowed in all zoning districts. Containers may remain on the
property for no more than 60 calendar days,and do not require a permit.
11.Prohibited Structures. Non-painted galvanized metal siding and corrugated
fiberglass siding shall be prohibited.An accessory structure of plastic,
corrugated metal or fiberglass having a semicircular cross section that curves
down to form walls or attached to walls or is open air below four (4) feet
above the ground surface shall be prohibited (e.g. Quonset huts).
12.Conflict with Other Regulations. If there is a conflict between the standards of
this section and any other requirement of this Ordinance,the standards of
the section shall control.
B. Design and Exterior Finish Requirements.
1. Color.Accessory structures in all zoning districts, including overseas
shipping containers,shall be uniformly painted or sided with an earth tone
color or compliment the color/style of the main structure.The roof shall not
have a shiny finish and shall also be painted or finished with an earth tone or
white color.It shall be free from surface rust and any advertising signage
including,but not limited to,corporate names or trademarks on overseas
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shipping containers. Earth tone shall be defined as a color scheme that draws
from a color palette of browns,tans and greens natural to the Sonoran Desert
environment.The colors in an earth tone scheme are muted and flat in an
emulation of the natural colors found in dirt,moss,trees or rocks.
2. Supplemental Building Materials. Residential zoning districts, except RS-GR,
RS-54,RS-54M, MHP and RVP zoned properties,shall have 100 percent of
each exterior wall of a metal building(with the exception of overseas
shipping containers) covered with a supplemental building material
including,but not limited to,wood,masonry,stucco or brick. Building
materials must complement the architectural design and color of the primary
residence. The Zoning Administrator shall determine whether the accessory
structure's proposed design and exterior fapde is compatible and consistent
with the main structure.
3. Business and public-institutional zoned property (i.e., B-1, B-2, B-3, B-4, B-5
and PI Districts): For accessory structures other than temporary overseas
shipping containers,the design of accessory buildings is subject to the
applicable commercial design standards identified in Apache junction City
Code,Vol. II, Land Development Code Chapter 1: Zoning Ordinance,Article 1-
13: Design Standards§§ 1-13-3(A) and (B).
C. Residentially Zoned Properties.
1. Use. A detached accessory structure,located in a residential zoning district,
shall not be used for any business activity other than allowed as part of an
approved home-based occupation or for a commercial agriculture use.
a. Other than an approve Home Occupation approved under Apache
Junction City Code,Vol. 11, Land Development Code Chapter 1: Zonin
Ordinance,Article 1-6: Home Occupation, Section 1-6-6,no
commercial business activity shall take place within or adjacent to an
accessory structure.
b. Prohibited commercial business activities include,but are not limited
to,vehicle or RV repair,trucking,salvage or scrapping,renting of
space for RV and boat storage, or commercial storage of any kind.
2. Location.Accessory structures shall be located to the rear or side of the
primary residence, except for garages,which may encroach past the front
facade of the home. Garages are subject to all setback requirements.
Carports are not permitted to encroach past the front fagade of the home.
3. Maximum Size.
a. RS-GR: No Limit.
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b. RS-54 and RS-54M: 2,000 square feet, but may be increased to 5,000
square feet provided that any structure greater than 2,000 square
feet meets the main building setbacks.;.
4. Accessory Structures Constructed Prior to Main Building.An accessory
structure,less than or equal to 360 square feet may be placed upon a lot for
up to eight (8) months and prior to the construction of the main home for the
purpose of storing tools,building materials or household goods, provided
that a building permit is applied for and issued for the main home at the
same time as the temporary use permit is issued for the temporary accessory
structure,and provided that no accessory structure shall be used for
dwelling purposes, including sleeping,living,or cooking activities.See AJCC,
Vol. 11,Land Development Code Article 1-5: Zoning Bulk and Land Use§ 1-5-1
Residential Use Regulations,Table 5-1 for temporary living quarters
regulations during construction.
S. Legally Existing Accessory Structures. Legally existing accessory structures
may be permitted to remain without the establishment of a main building at
the time of subdivision/land split/zoning approval subject to the following:
a. The accessory structure is locked and made safe with all openings
being boarded up prior to the establishment of the main use.
b. The accessory structure is not used for storage or any other purpose
prior to the securing of a permit for the establishment of the main use.
c. The accessory structure is in compliance with city building and
zoning codes,including setback and design requirements.
d. The accessory structure is not being used for dwelling purposes,
including sleeping,living,or cooking activities.
6. Overseas Shipping Containers.
i. Number Allowed.No more than one overseas shipping container shall
be allowed on any residential property with the exception of one
additional emergency use container.
ii. Size Limit.
1. RS-GR, RS-54 and RS-54M zoned properties may have one
container not exceeding 320 square feet in size.
2. All other residential zoning districts, except MHP and RVP
zoned properties,may have one container not exceeding 160
square feet in size.
iii. Screening Requirements. If the bottom (6) feet of a permanent
container is visible to adjacent properties or a public right-of-way or
easement,the property owner shall install xeriscape landscape
screening to buffer that visible view,with a minimal initial planting
height of 4 feet and a minimum plant spacing distance of 2 feet.
D. Business and Public-Institutional Zoned Properties (Le,. 13-1-11--2-13-3, B-4. B-5 and
Pil.
1. Use.Accessory structures shall only be used for storage of materials for the
primary business,or for the temporary storage of equipment and materials
during general construction at the business or institutional building location
provided such activity is authorized by a valid permit issued to a duly
licensed and bonded contractor who has obtained a city business and
privilege tax license. If used for temporary storage during general
construction,the accessory structure shall be removed within 30 calendar
days from the date of issuance of the certificate of occupancy.The accessory
structure(s) shall not be connected to utilities.
2. Location.Accessory structures may be permitted in all business, industrial
and public/institutional zoning districts,with a legally established
commercial, industrial or public/institutional use on the property, and must
be located to the rear or side of the principal building in a manner that
minimizes public view from neighboring properties and/or the public street
as determined by the Director or his or her designee.
3. Minimum LotSize. None.
4. Maximum Number and Size.One overseas shipping container,less than or
equal to 320 square feet in size per property. A maximum of ten (10)
temporary overseas shipping containers may be permitted for seasonal use,
not to exceed 120 days.
5. Accessory Structures Constructed Prior to the Main Building.Accessory
structures shall not be constructed or established on a commercial lot until
construction of the principal building is completed or the primary use is
established.
6. Overseas Shipping Containers. If a permanent container is visible to adjacent
properties from side or rear yards, a public right-of-way or easement,a
minimum 8 foot high structural masonry screen wall that is compatible with
the design and architecture of the principal building is required and shall be
designed and constructed in accordance with Chapter 7 of the Apache
Junction City Code.
a. This requirement shall not apply to accessory structures that are of
masonry construction. In lieu of an 8-foot-high structural screen wall,the
owner may install and maintain landscaping that will,within five (5) years
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of planting,effectively screen 100% of the accessory structure from public
view.
(C) § 1-6-8 CARGO CONTAINERS,is repealed in its entirety.
(D) ARTICLE 1-17: Definitions
The definition for"Cargo Container"shall be deleted and replaced with the definition for
"Overseas Shipping Container."
OVERSEAS SHIPPING CONTAINER(also known as CARGO POD, CARGO CONTAINER,
SHIPPING CONTAINER,MOBILE-MINI,STORAGE CONTAINER). An accessory structure
which is portable, reusable and prefabricated vessel no larger than 9 feet tall, 8 feet wide,
and 40 feet long,without an axle or wheels,which was: 1) originally designed for or used in
the packing,shipping, movement or transportation of freight, articles,goods, or
commodities; and/or 2) designed for or capable of being mounted or moved on a rail car or
being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship. This
definition does not include,and therefore does not allow, a semi-truck trailer in any form
(intact, dissected,with or without wheels),railroad car (with or without wheels), mobile or
manufactured home,park model, recreational vehicle, or bus,to be used as an accessory
structure.
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