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HomeMy WebLinkAboutORD143ORDINANCE NO.143 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION ZONING ORDINANCE BY AMENDING SECTION 2806 COMMISSION ACTION AND SECTION 2807 CITY COUNCIL'S ACTION;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 2806 COMMISSION ACTION as found in the zoning ordinance shall be amended to read as set forth herein: "a.Upon initiation of any proposed ordinance amendment,the Com- mission shall hold at least one public hearing thereon.Notice of the time and place of the hearing,including a general description of the matter to be considered and a general de- scription of the area affected,shall be given at least once in a newspaper of general circulation in the city of Apache Junction,at least fifteen (15)days prior to the public hearing. In addition to the requirements of Section 2806(a),i f the proposed ordinance amendment is for a change in zoning district classification,notice thereof shall be given at least fifteen (15)days prior to the hearing by posting of the area included in the proposed change,and by depositing in the United States mail notices thereof addressed to the last owners as shown on the list submitted by the applicant under the provisions of Section 2805 of this ordinance. "c.Should the Commission propose by Commission Initiative an amend- ment that would affect an entire zoning district (i.e.,all CR-1 property),or would cause the adoption of a new zoning ,district or districts upon the repeal of existing zoning dis- trict or districts,or the adoption of a new zoning ordinance upon the repeal of the zoning ordinance,then the city shall be required to only give public notice pursuant to ARS 9-462.04 (as i f adopting an original zoning ordiance). "d.The failure to give written notice by mail in compliance with the provisions of this section shall not invalidate an ordinance, provided such failure was not intentional,nor shall the omission of the name of any owner or occupant of property who may be affected by such amendment,supplement,modification,or change invalidate any ordinance adopted hereunder,i t being the intention of this section,so far as possible,to provide a notice to be given to persons substantially interested in the proposed change,that such a proposed ordinance is pending before the Commission and the City Council which proposes to amend,supple- ment,modify,or change the boundaries of zoning districts." Section 2807 CITY COUNCIL'S ACTION as found in the zoning ordinance shall be amended to read as set forth herein: "Upon receipt of the Commission's recommendation,the City Council shall hold a public hearing thereon,after giving notice of the time and place of the hearing in the time and manner provided by the Arizona Revised Statutes.The City Council may thereupon take appropriate action;provided,however,that i f 20% of the owners of property by area and number within the zoning area file a written protest to such proposed change,the change shall not be made except by unanimous vote of all members of the City Council. "If any members of the City Council are unable to vote on such a question because of a conflict of interest,then the required ORDINANCE NO.143 Page Two unanimous vote for passage of the question shall be the remaining .membership of the City Council,provided that the required number of votes shall in no event be less than a majority of the full membership of the City Council." 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,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. 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 1ST DAY OF JUNE ,1982 :ATTEST:• K thl-een Connelly City Clerk APPROVED AS TO FORM: Da*id r .Cit9 Attorney Wehdell J.Cl Mayor