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HomeMy WebLinkAboutORD95ORDINANCE NO.95 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING SECTION 33.10 PLANNED DEVELOPMENT SUBDIVISIONS,BY AMENDING SUBSECTION (lc)TO ADD FOR THE POSSIBILITY OF COMMISSION INITIATIVE AS ONE METHOD OF INITIATING CONVERSION OF PRE-EXISTING SUBDIVISIONS TO PLANNED DEVELOPMENT;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THAT: SECTION I .IN GENERAL Section 33.10 PLANNED DEVELOPMENT SUBDIVISIONS as found in the Zoning Ordinance,subsection (lc)shall be amended to read as set forth herein: 111 .Conversions of pre-existing subdivisions to Planned Developments a.The Council may approve a Planned Development for an area previously subdivided,in which case said sub- division,and any structure constructed thereon,shall be considered in conformance with zoning requirements as to lot size,setbacks and height.Such an area may include a group of structures either substantially constructed or in existence at the time of the effec- tive date of this Ordinance,which structures when constructed were intended to be similar in purpose and are substantially similar in design and purpose on the effective date of this Ordinance. b.Applicants for conversions of pre-existing subdivisions t6 Planned Development District zoning shall follow the application and procedures for plan reviews as set forth in this Article,except that during the pre -preliminary conference the Director of Planning shall advise the applicant as to appropriate modifications which might be made in application requirements. c.In a pre-existing subdivision,the signatures of 51%of the property owned by both number and area shall be required to initiate a planned development application for such areas;provided however the Planning Commission may initiate a Planned Development conversion within a pre-existing sObdivision in accordance with the provisions of this Code." SECTION II.REPEAL OF 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in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference are hereby repealed.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,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 portions thereof. Ordinance No. Page 2 SECTION IV.EMERGENCY CLAUSE WHEREAS,i t is necessary for the preservation of the peace,health and safety of the City of Apache Junction,Arizona,an emergency is declared to exist,and this Ordinance shall become immediately operative and in force from and after the date of posting hereof. PASSED AND ADOPTED by the Mayor and City Council of the City of Apache Junction,Arizona,this 6th day of Md.Y ,19 81 • Mayor / ATTEST: APPROVED AS TO FORM: City Attorney