HomeMy WebLinkAboutORD1323ORDINANCE NO. 1323
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF TIE CITY
OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE
JUNCTION CITY CODE,VOLUME II,LAND DEVELOPM%NT CODE,
CHAPTER 1,ZONING ORDINANCE,ARTICLE 11,BOARD OF
ADJUSTMENT AND APPEALS,SECTION 11.0103 POWERS,BY
ADDING NEW SUB -SECTION "M"; REPEALING AN CONFLICTING
PROVISIONS; AND PROVIDING FOR SEVERABILIT
Aii
WHEREAS,the Apache Junction City
r
ouncil has recently
decided to re-examine the regulations re arding undergrounding
of overhead lines and equipment; and
WHEREAS, Ordinance No. 1318 has bitien drafted to effectuate
Council's intent; and
lWHEREAS,the current zoning b de needs to be amended to
allow the Board of Adjustment nd Appeals to hear appeals
regarding decisions relating to he„undergrounding of overhead
lines and equipment requixert s/an
//k
WHEREAS,staff presen4a prt ed ordinance amending the
current code provisions pa the A che Junction Planning and
Zoning Commission on May012,7,/ 2008 Aind the Commission voted 5 to
0 (with two vacancies) 1prr4Commepd approval of said ordinance.
NOW THEREFORE, BTVIT/ORDAINFD BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE VOqtTioNN ARIZONA, AS FOLLOWS:
SECTION I IN GENE
That the Apache Ju
Code,Chapter 1,
Adjustment and A
adding new sub -sec
m.Hear and
appellant
decision,
made by
designee
Junction
ncgion City Code,Volume II,Land Development
Zoning Ordinance,Article 11,Board of
als,Section 11.0103 Powers,be amended by
ion "m", to read as follows:
dbcide appeals where it is alleged by the
tat there is an error in any order, requirement,
rant,refusal or Imposed condition of approval
he Development Services Director or his or her
n the enforcement of the provisions of the Apache
City Code,Volume II,Land Development Code,
Chapter 6,Landscaping and Screening Requirements,Article
6-1, Section 6-1-6(D),Undergrounding of Overhead Lines and
Equipment.Appeals must be filed within twenty (20)days
of the Development Services Director's or his or her
ORDINANCE NO. 1323
PAGE 1 OF 2
designee's decision pursuant to the provisions of the
Apache Junction City Code,Volume II,Land Devolopment
Code, Chapter 1,Zoning Ordinance,Article 12 Prog4dure for
Variance.
SECTION II REPEALING ANY CONFLICTING PROVISIONS
7 1
All ordinances and parts of ordinances in c flict 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herein by reference are hereby repealed.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, p
of this Ordinance or any part of th
reference is,for any reason,
unconstitutional by the decision
jurisdiction, such decision shall
remaining portions thereof,.'
PASSED AND ADOPTED BY THE MAYO
APACHE JUNCTION, ARIZONA HIS
SIGNED AND ATTESTED TO TH
ATTEST:
KATHLEEN CONNELL
City Clerk
APPROVED AS l'C/1) FORM:
'1Z g 0/6 2 7 . 0 8
R. JOEL STERN
City Attorney
ORDINANCE NO. 1323
PAGE 2 OF 2
rase, clause or portion
code adopted herein by
eld to be invalid or
f any court of competent
t' affect the validity of the
AND CITY COUNCIL OF THE CITY OF
DAY OF ,, 2008.
DAY OF , 2008.
JOHN S. INSALACO