HomeMy WebLinkAboutRES 24-03 RESOLUTION NO. 24-03
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 "2024 AMENDMENTS TO THE APACHE JUNCTION
CITY CODE; VOLUME II, LAND DEVELOPMENT CODE, CHAPTER
1 : ZONING ORDINANCE, ARTICLE 1-6 SUPPLEMENTAL
REGULATIONS, § 1-6-3 FENCES AND WALLS AND ARTICLE 1-8 :
LANDSCAPE REGULATIONS, § 1-8-6 LANDSCAPE STANDARDS";
REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING
FOR SEVERABILITY.
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 and at least three paper copies, or
one paper copy and one electronic copy, is filed with the city
clerk and the electronic copy is accessible on the city' s
website and are both made available for public use and
inspection; and
WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such
codes include fence and wall zoning regulations; and
WHEREAS, city staff has identified such provisions herein,
and it is the intent of the city to declare such document 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 the "2024 Amendments to the
Apache Junction City Code, Volume II, Land Development
Code, Chapter 1 : Zoning Ordinance, Article 1-6 Supplemental
Regulations, § 1-6-3 Fences and Walls and Article 1-8 :
Landscape Regulations, § 1-8-6 Landscape Standards", at
least three paper copies, or one paper copy and one
electronic copy, of which are accessible on the city' s
website (wtiavw. apachejunctionaz .c.ov) and filed in the office
RESOLUTION NO. 24-03
PAGE 1 OF 2
of the city clerk of the city of Apache Junction, Arizona,
is hereby declared to be a public record, and shall be made
available for public use and inspection, and said copies
are ordered to remain on file with the city clerk.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
All resolutions and 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herein, are hereby repealed.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 part of the codes or regulations
adopted herein 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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS �O� DAY OF 2024 .
SIGNED AND ATTESTED TO THIS ��1a DAY OF ( 1 , 2024 .
WALTER "CHIP" VILSON
Mayor
ATTEST:
C;,<kNNIFEFf PENA
City Clerk
APPROVED AS TO FORM:
-4 3.2S•2--
RICHARD JOEL STERN
City Attorney
RESOLUTION NO. 24-03
PAGE 2 OF 2
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2024 Amendments to the Apache Junction City Code, Volume
II , Land Development Code, Chapter 1 : Zoning Ordinance,
Article 1-6 Supplemental Regulations, § 1-6-3 Fences and
Walls and Article 1-8 : Landscape Regulations, § 1-8-6
Landscape Standards .
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The articles noted below are amended as follow:
A) Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental
Regulations, § 1-6-3 Fences and Walls, is repealed and amended
in its entirety as follows :
1-6-3 FENCES AND WALLS
A. General Requirements and Maintenance in All Zoning Districts .
1 . Every fence and/or wall shall be constructed in a
substantial, l; workmanlike manner and of substantial
material reasonably suited for the purpose for which the
fence is proposed to be used. All fences, walls, hedges
or shrubberyishall be maintained in a good, structurally
sound, and in a neat, clean and attractive condition at
all times .
2 . Every fence and/or wall shall be maintained in a
condition of ', reasonable repair and shall not be allowed
to become and remain in a condition of disrepair, damage,
or unsightliness, or constitute a nuisance, public or
private. This includes, but is not limited to, fences or
walls that are leaning, missing slats or blocks,
rotting, contain mismatched materials, or are damaged.
Any such fence and/or wall which is, or has become,
dangerous to, public safety, health or welfare, or has
become unsightly through improper maintenance or neglect
is a public nuisance and the zoning administrator shall
commence proper proceedings for the abatement thereof.
Unpermitted Wood Fence Permitted Wood Fence
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Unpermitted Multi-Material Fence Permitted Multi-Material Fence
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Unpermitted Unframed, Untreated Permitted Framed, Painted/Treated
Corrugated Metal Fence Corrugated Metal Fence
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3 . No fence, wall, hedge or shrubbery shall be erected or
cause to be erected that will interrupt, impede or
otherwise alter the natural flow of water. Retaining
walls require a permit and shall be reviewed by
Development Services Engineering Staff.
4 . Properties with No Existing Fences/Walls . Fences and/or
walls on properties with no existing fencing shall be
constructed of similar and consistent materials on all
four sides of the properties .
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5 . Properties with Existing Fences/Walls .
a. Fences and/or walls constructed on properties with
existing fencing on at least one side shall
construct a fence and/or wall of complementary
materials based on the proposed use of the
property.
b. Fences and/or walls constructed on corner lots
shall construct a fence and/or wall of similar and
consistent materials on all street .fronting sides
of the property.
6. Measuring Fence and Wall Height . Fence or wall height
is measured as the vertical distance from the grade
immediately under the structure to the top of the
structure. When measuring fence and wall heights on
properties which are characterized by notable
topographical features, such as properties with slopes,
elevation deviations, washes, swales, rock outcrops and
other like features, building and code officers and/or
inspectors shall look for reasonable compliance with
fence/wall height standards . On these properties, some
variations in fence/wall heights are expected and
allowed.
7 . Easements .
a. Fences and/or walls on both residential and non-
residential properties cannot be placed within,
or in a manner that restricts access to, Dedicated
Right-of-Way ("ROW") , active Federally Patented
Easements ("FPE") , or any other private or public
utility easement or alleyway.
b. Any fence and/or wall placed within, or that
restricts access to, ROW, an existing FPE,
extinguished FPE, or any other private or public
utility easement is being placed at risk by the
property owner (s) and could be subject to removal .
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8 . Buildings used as part of a fence and/or wall shall be
allowed in all zoning districts, as long as the building
meets all setback requirements for the applicable zoning
district. Fences and walls that are constructed in
conjunction with the structure shall be designed in a
way that complements the main structure.
9. Any fence and/or wall above six (6) feet in height shall
require a permit and be designed by an Arizona registered
structural engineer.
10 . Visibility at Intersections . The location and height of
fences and/or walls shall comply with § 1-6-13 (i . e. ,
Visibility at Intersections) .
11 . Vacant/Undeveloped Properties.
a. Property owners shall be permitted to install a
temporary, chain-link fence around a
vacant/undeveloped property regardless of zoning
designation. Vinyl slats, tarps, mesh screens, or
any other type of secondary material installed
with the intent to screen the property are
prohibited.
b. Property owners of non-residential properties
shall be permitted to install a permanent fence
and/or wall around a vacant/undeveloped property
after review and approval from the Development
Services Director or Designee.
12 . Any request to deviate from the provisions in this
Chapter must receive approval from the Development
Services Director or Designee. Alternative fence
material may be approved by the Development Services
Director or Designee upon a finding that the proposed
material complies with the intent of the provisions of
this code and that the fence material is at least the
equivalent of that prescribed in this section in
quality, strength, effectiveness, fire resistance,
durability and safety.
B. Prohibited Fencing in all Zoning Districts .
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1 . Prohibited Materials . Unless otherwise specified,
prohibited fence/wall materials include, but are not
limited to: rope; string; wire products including but
not limited to chicken wire, wire fabric, and similar
welded or woven wire fabrics; chain; netting;
tarp/fabric including but not limited to mesh canvas,
tarpaulin or similar non-rigid materials; dangerous cut
or broken glass; razor wire or concertina wire; paper;
unframed, naturally occurring reflective galvanized
sheet or corrugated metal panels; plywood; or fiberglass
panels in any fence or any other materials that are not
manufactured or designed as fencing materials . The
Development Services Director or Designee may require
the applicant to provide the manufacturer' s standards to
establish the intended use of a proposed fencing
material.
2 . Dangerous Fences . It is unlawful for any person to erect
or maintain within the City any fence which, by
determination of the Director or designee, is, or may
be, dangerous to persons, children or animals due to
design, construction, materials, maintenance or
placement.
3. Electric Fences . Electrically charged fences shall not
be erected or allowed to remain except as follows :
a. Electrically charged fences shall be permitted
only in the RS-GR, RS-54 and RS-54M zoning
districts and shall be erected and maintained only
for the keeping of livestock.
b. Electrically charged fences can be attached to
existing fencing but shall be located on the
inside of the existing fence away from neighboring
properties, public rights-of-way, or public
easements and shall not exceed the height of the
primary fence.
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c. Fences shall not be erected or maintained within
10 feet of any public place or public right-of-
way, public easements, or reservation for roadway
purposes, or they must be clearly marked with
safety/warning signage every 16-feet along public
rights-of-way.
d. Electrically charged fences shall be constructed
of commercially manufactured materials
specifically designed for the keeping of
livestock.
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4 . Barbed and Razor Wire Fences . Fences with strands of
barbed and razor wire shall not be permitted, except as
follows :
a. Residential Districts . Barbed wire fencing shall
be allowed for the keeping of large- livestock,
including equine, in those residential zoning
districts that allow large livestock. All barbed
wire fencing shall not exceed 6 feet in height and
shall be secured to posts or other supporting
structures not more than 10-feet from each other.
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C. Single-Family Residential Zoning Districts .
1 Height and Setback Requirements .
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a. Walls and Fences 0 feet to 4 feet in height . No
minimum front, side, or rear setback is required.
b. Walls and Fences greater than 4 feet - 6 feet in
height .
1 . Solid Fences . Solid fences greater than 4 feet
in height, but not exceeding 6 feet in height,
must meet the main structure front setback for
its designated zoning district . No side or
rear setback is required.
2 . Partial View Fences . No front, side, or rear
setbacks are required for partial view fences
that achieve at least thirty-three percent
(33%) openness, overall, four feet solid, two
feet (4' -2' ) view.
c. Walls and Fences greater than 6 feet - 8 feet in
height. Walls and fences greater than 6 feet in
height, but not exceeding 8 feet in height, must
meet main structure setback requirements for its
designated zoning district regardless of design.
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d. Walls and Fences greater than 8 feet in height .
Walls and fences greater than 8 feet in height are
prohibited in single-family residential zoning
districts .
e. Site Visibility Triangle. No walls or fences more
than 3 feet in height shall be placed on any corner
lot within a 33' by 33' triangular yard spaced
formed by the intersection of the lot lines
adjoining the intersecting streets for a distance
of 33 feet from such intersection and a line
connecting the ends of such lot lines .
2 . Design Requirements for All Single-Family Residential
Zoning Districts .
a. Fences/Walls must be constructed of materials
normally manufactured for, used as, and recognized
as, exterior fencing or wall materials such as :
wrought iron or other decorative metals; framed
and painted/treated galvanized sheet or
corrugated metal fence panels (excluding cargo
container walls) that are painted and/or treated
(i. e. , patina) in a way to eliminate the naturally
occurring reflective surface; ornamental aluminum
and PVC; fired masonry; concrete; stone; chain
link; wood planks; split rail; vinyl slats; or
composite plastic manufactured specifically as
wall or fencing materials . Fence materials must
be manufactured for exterior use and shall be
weather and decay-resistant .
b. Mesh screening shall only be allowed as a
secondary material type for the screening of sport
courts (e. g. , volleyball, basketball, pickleball,
tennis court, etc. ) .
c. Chicken wire, wire fabric, no climb fencing, and
similar welded or woven wire fabrics intended for
the keeping of animals shall be allowed only as a
secondary material type and cannot exceed the
height of the primary fencing material .
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3 . Rural Properties Zoned RS-GR, RS-54, and RS-54M.
a. Entry Gateway. One entry gateway, trellis, or
other entry structure is permitted in the front
setback area of lots within the RS-GR, RS-54 and
RS-54M districts, provided the maximum height or
width of the structure does not exceed 16 feet .
b. Corral/Pen Fences . Corral/Pen fences shall only
be allowed for the keeping of livestock and
similar large animals, such as equine. Corral
fences shall be permitted on RS-GR,. RS-54 and RS-
54M zoned properties, as well as any residential
property that is legally permitted to keep equine.
1 . Corral/Pen fences may be constructed of wood,
masonry, wrought iron, pipe-rail, chain-link,
"no climb" type fences, barbed wire, smooth
wire, and similar materials . Mesh stall panel
screens shall be allowed as a secondary
material type.
2 . Corral/Pen fences shall not exceed six (6)
feet in height if installed as a perimeter
fence.
3 . Corral/Pen fences used for training purposes
like round-pens can be up to eight (8) feet
and must be located on the interior of a
property.
4 . Corral/Pen fences are allowed within the front
setback area but must be kept out of any
existing easements or right-of-way.
c. Ocotillo/Wooden Stick Fences are only allowed in
the RS-GR, RS-54 and RS-54M zoning districts .
D. New Residential Developments (i. e. , platted subdivisions)
Non-Residential, Multi-Family Zoning Districts .
1 . Decorative Walls . Wall designs shall require the use
of a minimum of three (3) materials including, but not
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limited to, decorative wrought iron view fencing,
stone, stucco, brick, block, or textured block
including treated, split-face, single-score or
patterned integrally colored block of. similar
enhancement and may include changes in color or
texture.
2 . All walls along an arterial, collector or local streets
shall provide decorative columns, offsets or
undulations with a minimum of two (2) feet change to
create additional variety. The
columns/offsets/undulations shall be provided every
one-hundred and fifty (150) feet .
3 . Chain-Link Fencing. Chain-link fencing on new
residential developments, non-residential, and multi-
family zoned properties shall only be allowed during a
temporary period of active construction or as security
fencing on an undeveloped property.
a. Temporary chain-link security fencing, which
typically consist of standalone panels supported
by weighted bases, are allowed to remain on a
property for a period of no more than six (6)
months after installation unless accompanied by
an active building permit .
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b. A permanent chain link fence, sometimes referred
to as a post-driven chain link fence, shall be
installed after six (6) months of installation
of the temporary chain link fencing, but must be
removed upon completion of construction.
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c. A secondary screening type, such as a mesh
privacy fence, shall not be allowed unless
permitted by the Development Services Director
or Designee.
4 . Patio Enclosures .
a. Restaurant and bar patio enclosures shall be
allowed.
b. Height.
1 . Front Yard: 4 foot maximum
2 . Side and Rear Yard: 8 foot maximum
c. Setback Requirements .
1 . Front Setback. 10 feet in B-1 and B-4
districts; no minimum setback in B-2 and B-3
districts .
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2 . Side or Rear Setback. No minimum required.
5 . Screen Walls .
a. Front Yard Screen Walls . Front yard screen walls
shall be a minimum of 4 . 1 feet to 8 foot maximum
and are subject to the minimum main structure
front setback requirement .
b. Side and Rear Yard Screen Walls .
1 . No minimum setback is required for side and
rear yard screen walls between 6 feet and 8
feet in height.
c. Screen walls for side and rear property lines .
Where industrial or commercial development is
proposed to be located adjacent to an existing or
future residential property, decorative screen
walls shall be required.
d. Side and rear yard screen walls exceeding 8 feet
in height shall be subject to the main structure' s
minimum setback requirement.
6. Parking Screen Walls .
a. Height . Parking screen walls shall be between 3
feet - 4 feet in height .
b. Front Setback. Parking screen walls shall meet a
minimum 10 feet setback.
c. If parking is located between the building and the
front road right-of-way, a decorative wall or
fence between 3 and 4 feet in height shall be
installed at the interior edge of the planting
strip to serve as a visual transition between the
roadside planting strip and the parking area.
7 . Screening of outdoor storage. Outdoor storage on '
business zoned properties shall be screened.
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8 . Screening of dumpsters . Dumpsters on non-residential and
multi-family residential properties shall be screened
with a minimum 6-foot-high decorative masonry wall and
a decorative gate which complements the design of the
development . Dumpster gates shall be closed except while
loading and unloading.
9 . Alternative wall designs and material types that meet
the intent of this section may be considered by the
Development Services Director or Designee.
E. Nonconforming Fences . Any fence which does not meet the
standards of this section, but which was established prior
to the effective date of this Ordinance, may be eligible to
be recognized as legal nonconforming, provided the owner
proves legal nonconforming status pursuant to the procedures
established in § 1-2-5 (i. e. , Nonconforming Uses, Structures
and Lots) of this Ordinance, and provided the fence is not
expanded or its nonconformance with these standards
otherwise increased. Any fence which is in disrepair,
destroyed or damaged to the extent of more than 500 of its
total replacement value shall not be repaired, rebuilt or
reconstructed except in conformance with the standards of
this section. Any future fence constructed subsequent to
the effective date of this Ordinance, that does not comply
with this section shall be considered illegal and
nonconforming.
B) Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-8 Landscape
Regulations, § 1-8-6 Landscape Standards (B) , is repealed and
amended as follows :
B. Screening. See Vol. II, § 1-6-3 (D) (5) .
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