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HomeMy WebLinkAboutORD415ORDINANCE NO.415 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE BY ADDING ARTICLE 24 AGE SPECIFIC OVERLAY ZONING DISTRICT; REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAJOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THAT: SECTION I IN GENERAL The Apache Junction,Arizona,Zoning Ordinance is amended by adding Article 24 Age Specific Overlay Zoning District to read as follows: ARTICLE 24 AGE SPECIFIC OVERLAY ZONING DISTRICT SECTION 24.0100 PURPOSE The Age Specific (AS)Overlay Zoning District is intended to provide for planned residential development which is specifically designed for residency by persons of advanced age. SECTION 24.0200 LOCATION An Age Specific Overlay Zoning District may be established in all of the residential districts as provided in the Apache Junction, Arizona,Zoning Ordinance.The regulations which apply to property in any district with which the Age Specific Overlay Zoning District is combined shall remain the same,except as to the matters specified in this Article. SECTION 24.0300 ADDITIONAL REGULATIONS SECTION 24.0301 AREA REQUIREMENTS The Age Specific Overlay Zoning District shall only be established on residential developments of ten (10)or more contiguous acres (inclusive of streets). SECTION 24.0302 AGE OF OCCUPANTS Each dwelling unit,i f occupied,shall be occupied by at least one (1)person not less than fifty (50)years of age,and no person eighteen (18)years of age or under shall reside in any dwelling unit for a period of time exceeding ninety (90)days.Temporary occupancy (other than as provided above)by reason of any exceptional or unusual circumstance shall be subject to the issuance of a Conditional Use Permit. SECTION 24.0400 APPLICATION REQUIREMENTS An application for Age Specific Overlay Zoning will be considered only after the submission of: 1.A petition signed by one hundred percent (100%)of the owners of the property within the proposed District;or 2.Acceptable documentation that all of the property within the proposed District has been developed,sold or rented under specific age restrictions.Such documentation shall include deed restrictions,and such other documentation as requested by the Planning and Zoning Commission or City Council. 3.Application for Age Specific Overlay Zoning shall be made in accordance with the provisions of Article 13. 4.Compliance with the application requirements does not obligate the City Council to grant the requested 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 therein 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 17TH DAY OF SEPTEMBER 19 85 ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: pir,rwan Norman S.Hill Mayor