City leaders continue to struggle to define what a front yard is — what can be built on one and what can be parked on it — in order to give residents clear guidance on what the laws are so they can avoid citations for violating city ordinances.

The Apache Junction Planning and Zoning Commission discussed the issue at its June 24 work session. According to P&Z Commission Vice Chairman Charles Bunten, the city needs to better define the rules surrounding such "hot-button" issues as the height of fences and whether or not one can park an RV in their front yard.

"Most cities deal with front yards in a similar manner," said Rudy Esquivias, Apache Junction senior planner while prefacing his June 24 presentation to the commission. Ms. Esquivias presented a preliminary proposal designed to clarify the laws surrounding front yards in Apache Junction.

Mr. Esquivias explained the definition of front yards normally revolves around four main points: the buildable area, net area, front yard setback and front yard lot line.

"These proposed changes will affect numerous parts of our zoning code," Mr. Esquivias explained to the commission.

Fred Baker, Apache Junction planning manager, explained the proposals are very preliminary in scope, but are meant to create a clear-cut definition of what a front yard is and how the city will define them.

Mr. Esquivias said the issue of front-yard fence height and materials allowed to be used are the first items to be addressed when it comes to developing amendments to already existing zoning codes as they pertain to front yards.

"So far, the first thing we are attempting to look at is what is approved fence material," he told the commission. "This, hopefully, will cut back on the hodge-podge fences we see."

According to city code, a front yard fence can only be as high as 4 1/2 feet tall. Because of typical fences already in place around town, P&Z commissioners and city staff agree a change may be in order.

"We have fences that exceed something that would require a building permit," Vice Chair Bunten said. He agreed a six-foot front-yard fence is illegal, but wondered why the city wants to address the issue when the code is rarely enforced.

"Unless somebody complains about (fence height), we are probably not going to know about it," Mr. Esquivias said. "A front yard is one issue, and fences are another issue."

While a six-foot front-yard fence is indeed illegal, Mr. Bunten referred to the word "illegal" as a "sick bird."

"The argument we have heard recently ... is that the 4 1/2 feet does not suffice," when it involves residential properties where horse-boarding operations occur. "There are a lot of properties that could be affected by this (new proposal)."

Mr. Bunten wants the commission to further question the validity of the fence-height ordinance. "I am just trying to find out what is best for the entire community."

Chip Wilson, Apache Junction Councilman, agrees the definition of front yards ought to be clearly defined and acceptable to all members of the community — especially residents in the rural area of the community.

Since a number of residents have received citations, he thinks it’s important to draft a good, clear definition on what is and what isn’t allowed in a front yard. "This is causing some major problems and this is one of the things we need to look at," he explained in a phone interview.

Councilman Wilson says one of the first things to address: What defines the front yard? Is it the side of the house that fronts the street? The side that contains the address?

"I know that when we were discussing it there were a couple of things that needed to be cleared up and defined, things everyone can live with," he said of initial conversations had at the council level. "It is not the true front door of your house."

Mr. Wilson says parking vehicles in rural front yards is an issue that also needs to be clarified.

P&Z Commissioner Theresa Nesser questioned why, according to city code, you can park a semi-truck in a front yard — yet an out-of-town visitor can’t park an RV in the same place.

According to city code, a recreational vehicle not used for any purpose can be parked in the rear yard or stored in a completely enclosed garage.

"So, someone who comes into town and can’t park their RV in the driveway overnight?" she asked Mr. Esquivias. "I know someone whose mother has lived in it for 10 years."

Mr. Esquivias replied, "they can park it in the backyard, but not the driveway."

When P&Z Commissioner Sue Johns confirmed that semi-trucks are allowed in front yards while RVs are not, the only thing she could say was "oh Lord."