HomeMy WebLinkAboutORD612ORDINANCE NO.612
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING
SECTION 24.0302 AND BY ADDING SECTION 24.0303;REPEALING ANY CONFLICTING
PROVISIONS;AND PROVIDING FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,THAT:
SECTION I IN GENERAL
The Apache Junction,Arizona,Zoning Ordinance i s amended by amending
Section 24.0302 to read as follows:
"SECTION 24.0302 AGE OF OCCUPANTS
Residency i n an Age Specific Overlay Zoning District i s restricted
to a head of household or spouse as follows.Each dwelling unit,i f
occupied,shall be occupied by at least one (1)person not less than forty-
five (45)years of age,and no person eighteen (18)years of age or under
shall reside i n any dwelling unit subject to the Age Specific Overlay
Zoning District restrictions.
For purposes of this section,residency or occupancy by a person
eighteen (18)years of age or under shall mean staying overnight in the
same dwelling unit on more than forty-five (45)occasions during any 365-
day period,with each overnight stay being counted as one (1)occasion
with regard to this residency or occupancy by the person.Temporary
occupancy by a person eighteen (18)years of age or under (other than as
provided above)by reason of any exceptional or unusual circumstance shall
be subject to the issuance of a Conditional Use Permit."
Add a new Section 24.0303 to read as follows:
"SECTION 24.0303 ENFORCEMENT
I f an area in which the Age Specific Overlay District has been
established is represented by a homeowners'association,the following
procedures are to be followed prior to enforcement of the provisions of
Section 24.0302 by the City:
1.An alleged violation is to be first reported to the
homeowners'association.
2.If,after an investigation of the complaint,the homeowners'
association finds that a violation has occurred,the home-
owners'association will notify the violator and request
compliance.
3.Should the violation not be corrected within thirty (30)days
of notification to the violator,the homeowners'association
may then report the violation to the City for enforcement."
ORDINANCE NO.612
PAGE ONE OF TWO
SECTION I I REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances i n 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repealed.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 the court of
competent jurisdiction,such decision shall not affect the validity of the
remaining portion thereof.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS 15TH DAY OF MARCH ,19 pp .
SIGNED AND ATTESTED TO THIS 15TH DAY OF MARCH
ATTEST:
athleen Connelly
City Clerk
APPROVED AS TO FORM:
David\f.Alexan
City Attorney
ORDINANCE NO.612
PAGE TWO OF TWO
by Kenneth Bluntschly
Acting Mayor
,198_8