HomeMy WebLinkAboutORD106ORDINANCE NO.106
AN ORDINANCE OF THE CITY OF APACHE JUNCTION,PINAL
COUNTY,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,
ZONING ORDINANCE BY ADDING SECTION 307;REPEALING ANY
CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;AND
PROVIDING PENALTIES.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE
CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
Article 3 of the Apache Junction Zoning Ordinance shall
be amended by adding Section 307 as follows:
PRESUMPTION:
SECTION 307.LAWFUL PRE-EXISTING USE -REBUTTABLE
1.Legislative Intent:
The Apache Junction City Council finds that there
exist many uses of property,land and buildings in the City of Apache
Junction which may or may not have been lawful uses under Pinal County
Codes prior to the City's incorporation;that said uses,even if not
lawful under Pinal County Codes,have often been in existence for a
period of several years;that the records of Pinal County are incomplete,
making a determination of lawfulness or unlawfulness impossible in many
cases;that the absence of such records causes hardships on the citizens
of Apache Junction;and that the adoption of a rebuttable presumption of
the lawfulness of those uses would further the public health,welfare,
and safety.
The Apache Junction City Council,therefore,adopts
this Ordinance for the purpose of establishing a rebuttable presumption
of the lawfulness of uses of property,land,and buildings,i f said use
was in existence or maintained on February 9,1979,according to a map
dated February 9,1979,on file with the Apache Junction Planning Depart-
ment.
2.For purposes of 5304,305,and 306,those uses of land
and/or buildings thereon which were lawfully in existence or maintained
on July 1,1979,are lawfully nonconforming uses.Evidence of its exis-
tence on February 9,1979,shall be prima facie evidence of its lawfulness.
This presumption may be rebutted by evidence establishing that said use is
not actually a lawful nonconforming use under Sections 304,305,or 306.
Any person may bring a complaint to the Zoning Administrator alleging the
use is not a lawful nonconforming use and not legally in existence on the
effective date of the Apache Junction Zoning Ordinance.Such person shall
provide the Zoning Administrator sufficient evidence (which evidence may
include the public record)to rebut the presumption of a lawful noncon-
forming,use which is established herein.
SECTION I I 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,subsection,sentence,clause,phrase,
or portion of this Ordinance or any part of a 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.
SECTION IV PENALTY CLAUSE
Any person found guilty of violating any provisions
of this Ordinance shall be guilty of a misdemeanor and,upon conviction
thereof shall be punished by a fine not to exceed $1,000 or imprisonment
for a period of six months,or by both such fine and imprisonment.
Each day that a violation continues shall be a separate offense
punishable as hereinabove described.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE
CITY OF APACHE JUNCTION THIS 19th day of August
19 81 .
ATTEST:
APPROVED AS TO FORM:
-'SLAZ5loolty,
City Attorney
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