HomeMy WebLinkAboutORD1348ORDINANCE NO. 1348
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY
CODE,VOLUME II,CHAPTER 1,ZONING CODE,ARTICLE 11,
BOARD OF ADJUSTMENT AND APPEALS,SECTION 11.0103,POWERS
AND ARTICLE 14,ZONES,MAPS,AND BOUNDARIES,SECTION
14.0103,DETERMINATION OF BOUNDARIES,BY REPEALING
SECTIONS 11.0103(B) AND 14.0103(D); REPEALING ANY OTHER
CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY.
WHEREAS, the existing zoning code requirements for the City of
Apache Junction provide authority to the Board of Adjustment to
allow extensions of zoning boundaries under certain circumstances;
and
WHEREAS, on May 19, 2009, due to a recent Board of Adjustment
determination and the Council's belief that rezoning procedures
should have been used in that particular matter, the Mayor and City
Council directed staff to prepare code changes to remove the Board
of Adjustment's zoning boundary extension authority.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I GENERAL
A) The Apache Junction City Code,Volume II,Chapter 1,Zoning
Code,Article 11,Board of Adjustment and Appeals,Section
11.0103,Powers and Article 14,Zones,Maps,and Boundaries,
Section 14.0103,Determination of Boundaries,is hereby amended
by repealing Sections 11.0103(b) and 14.0103(d), which provide
as follows:
Section 11.0103(b). Allow the extension of a zone where the
boundary line thereof divides a lot in one (1) ownership at
the time of enactment of this Ordinance.
Section 14.0103(d). Questions concerning the exact location
of boundaries not covered above shall be determined by the
Board of Adjustment.
B) The remaining provisions of Sections 11.0103 and 14.0103 _shall
be renumbered accordingly.
ORDINANCE NO. 1348
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SECTION II REPEALING ANY OTHER CONFLICTING PROVISIONS
All other ordinances and parts of ordinances in conflict with the
provisions of this ordinance or in conflict with any part of the
code adopted herein by reference are also hereby repealed.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,pre-empted or
unconstitutional by the decision of any court of competent
jurisdiction, such decisions 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, TH,IS-,6TH DAY OF OCTOBER , 2009.
SIGNED AND ATTESTED TO THIS 6TH DAY OF OCTOBER
JOHN/S. INSALACO
Ma
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
0 ,
R. JOEL STERN
City Attorney
ORDINANCE NO. 1348
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, 2009.