HomeMy WebLinkAboutORD221ORDINANCE NO.221
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,AMENDING "THE CODE OF THE CITY OF APACHE JUNCTION,ARIZONA,
VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,"BY AMENDING
"SECTION 2807 CITY COUNCIL'S ACTION,"BY DELETING THE PROVISION REQUIRING
A UNANIMOUS CONSENT WHEN THERE IS TWENTY (20%)PERCENT PROTEST AND
SUBSTITUTING THE PROTEST PROVISION AS APPEARS IN SUBSECTION G,ARS §9-462.04,
"PUBLIC HEARING REQUIRED";REPEALING ANY CONFLICTING PROVISIONS;PROVIDING
FOR SEVERABILITY;AND PROVIDING PENALTIES.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
The "Code of the City of Apache Junction,Arizona,Volume II,Land Development
Code,Chapter 1,Zoning Ordinance,"shall be amended by amending "Section 2807
City Council's Action"to read as follows:
Section 2807 City Council's Action
Upon receipt of the Planning and Zoning Commission's written recommendation,
the City Council shall hold a public hearing thereon,provided notice of
the time and place of the hearing has been published in the manner
provided by the Arizona Revised Statutes.Following the public hearing,
the City Council may consider the proposed change in a manner provided
for adoption of an ordinance.
I f the owners of twenty (20%)percent or more,either of the area of the
lots included in a proposed change,or of those immediately adjacent
in the rear or any side thereof extending one hundred and fifty (150')
feet therefrom,or of those directly opposite thereto extending
one hundred and fifty (150')feet from the street frontage of the
opposite lots,file a protest in writing against a proposed amendment,
i t shall not become effective except by the favorable vote of three-
fourths of all members of the governing body of the municipality.
If any members of the governing body are unable to vote on such a
question because of a conflict of interest,then the required number
of votes for passage of the question shall be three -fourths of the
remaining membership of the governing body,provided that such required
number of votes shall in no event be less than a majority of the full
membership of the legally established governing body.
SECTION I I REPEALING ANY 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hereby repealed.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
I f 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.
SECTION VI PENALTY CLAUSE
Any person found guilty of violating any provision of this Ordinance,shall
be punished by a fine not to exceed $1,000.00 or imprisonment for a period
not to exceed six (6)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 CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THIS 17TH DAY OF JANUARY ,19 84
ORDINANCE NO.221
PAGE TWO
ATTEST:
Kathleen Connelly Gr
City Clerk
APPROVED AS TO FORM:
Da vi erF.-Al`ei(a n d
City ktorney
endell
Mayor