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HomeMy WebLinkAboutORD388ORDINANCE NO.388 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 CORRECTING TECHNICAL ERRORS IN SECTION 6.0102(a),SECTION 13.0105,AND SECTION 13.0110;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 The Code of the City of Apache Junction,Arizona,Volume II,Land Development Code,Chapter 1,Zoning Ordinance,shall be amended by correcting technical errors in Section 6.0102(a),Section 13.0105,and Section 13.0110 as follows: Section 6.0102(a)shall be amended to read as follows: "Water pumping and storage facilities operated as part of a system serving two (2)or more properties as a public, private,or community utility,subject to the requirements for detached accessory buildings in the zone which located and provided a wall or hedge is used in conjunction with such facilities,its center shall be located a distance from any lot line equal to not less than one-half its height." Section 13.0105,paragraph two,shall be amended to read as follows: "The notice shall be published one (1)time in a newspaper of general circulation,published or circulated in the City of Apache Junction,or i f there is none,i t shall be posted on the affected property in such a manner as to be legible from the public right-of-way and in at least ten (10)public places in the municipality.A posted notice shall be printed so that the following is visible from a distance of 100 feet:the word 'Zoning';the present zoning district classification;the proposed zoning district classification;and the date and time of the hearing." Section 13.0110 shall be amended to read as follows: "In the event that an application for amendment is denied by the City Council or is withdrawn after the Commission hearing,the Commission shall not reconsider the application nor consider another application for the same amendment of the Ordinance as i t applies to the same property described in the original application or any part thereof for a period of not less than one (1)year from the date of such denial or withdrawal action,unless in the opinion of the Commission there is a change in circumstances that would warrant consideration of a new application for amendment." 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 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. SECTION IV EMERGENCY CLAUSE I t is necessary for the preservation of the peace,health,and safety of the City of Apache Junction,Arizona,that this Ordinance become effective immediately,an emergency is declared to exist,and this Ordinance shall be effective immediately upon passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 2ND DAY OF JULY ,19 85 . ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: F. 70 City Attorney ORDINANCE NO.388 PAGE TWO OF TWO --772/A7/ Mayor