HomeMy WebLinkAboutORD1177ORDINANCE NO. 1177
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING THE CITY CODE
OF APACHE JUNCTION, ARIZONA,VOLUME II,LAND
DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLE
6 GENERAL PROVISIONS AND EXCEPTIONS, BY AMENDING
ARTICLE 6 WITH THE ADDITION OF A NEW SECTION TO ALLOW
FOR TEMPORARY RESIDENCES, IN CASE AM -1-03; 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 CITY CODE OF APACHE JUNCTION, ARIZONA,VOLUME II,LAND
DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLE 6 GENERAL
PROVISIONS AND EXCEPTIONS, be amended with the addition of the
following new section to allow for temporary residences:
SECTION 6.0108.1 EXCEPTIONS FOR TEMPORARY RESIDENCES:
In addition to the permitted principle uses allowed in the GR,
R1-43 and R1-43MH zoning districts, on lot sizes no smaller than
1.25 gross acres; and the permitted principle uses allowed in the
CR-1 and CR-1MH zoning districts, on lot sizes no less than
20,000 gross square feet, temporary residences may be permitted
as follows:
1)An existing conforming or lawful non -conforming mobile or
manufactured home on a GR, R1-43, R1-43MH, CR-1 or CR-1MH
zoned property may continue to be used as a temporary
residence during construction of a conventional home on
the same premises, provided that:
a)a building permit for the conventional home has
currently been issued by the City;
b)both the existing residence and the proposed
residence comply with all applicable setback
regulations;
c)the builder takes no more than six (6) months from
the date of permit issuance to complete the home
(with a maximum of two (2) ninety (90) day time
extensions at the discretion of the Zoning
Administrator); and
ORDINANCE NO. 1177
PAGE 1 OF 3
d)the mobile or manufactured home is completely
disconnected from utilities and removed from the
property before the new residence is allowed to be
occupied.
2)A recreational vehicle may be used as a temporary
residence on a GR, R1-43MH, or CR-1MH-zoned property
during the installation of a HUD -certified manufactured
home, no older than five (5) years at the time of
installation, or an existing conforming or lawful non-
conforming mobile/manufactured home may continue to be
used as a temporary residence, during the replacement of
a mobile or manufactured home with a newer and/or
upgraded model/manufactured home, no older than five (5)
years at the time of installation, on the same premises,
provided that:
a)an installation permit for both the recreational
vehicle and the new manufactured home has currently
been issued by the City;
b)both the recreational vehicle/existing mobile home
and the new manufactured home comply with all
applicable setback regulations for the main
residence;
c)the installer takes no more than ninety (90) days
from the date of permit issuance to install and
finish the home (with a maximum ninety (90) day time
extension at the discretion of the Zoning
Administrator); and
d)the existing mobile or manufactured home is
completely disconnected from utilities and removed
from the property before the new residence is allowed
to be occupied, or the recreational vehicle is
disconnected from utilities and appropriately stored
or removed from the property before the new residence
is allowed to be occupied.
3)The privileges described in subsections 1 and 2 above
shall not extend to properties which are developed with
nonconforming uses, unless said properties are first
brought into compliance, or as otherwise permitted
herein.
4)Any provision of Section 6.0108.1 may be appealed to the
Board of Adjustment where an unforeseen emergency or other
extraordinary circumstance precludes a property owner from
complying with the above provisions.
ORDINANCE NO. 1177
PAGE 2 OF 3
SECTION II: 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, 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.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 1ST DAY OF APRIL
2003.
SIGNED AND ATTESTED TO THIS
2003.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
4-10-03
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1177
PAGE 3 OF 3
15TH DAY OF APRIL
DOUGLAS COLEMAN
Mayor