HomeMy WebLinkAboutORD1369ORDINANCE NO. 1369
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II,
LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLP 1-6,
GENERAL PROVISIONS AND EXCEPTIONS,BY AMENDING SECTION 1-6-33 EQUINE
REGULATIONS,IN CASE AM -2-10; REPEALING ANY CONFLICTING PROVISIONS;
AND PROVIDING FOR SEVERABILITY.
WHEREAS, the City Council adopted Ordinance No. 408 on October 15,
1985, which amended the City's Zoning Ordinance, Article 6 (newly
recodified as Article 1-6)General Provisions and Exceptions,by adding
Section 6.0130 (newly recodified as Section 1-6-33) Equine Regulations;and
WHEREAS, pursuant to Ordinance NO.1343, approved on July 7, 2009,
and Ordinance No. 1345, approved on September 15, 2009, substantial changes
were made to the Equine Regulations as recommended by the Planning and
Zoning Commission and approved by the City Council, to clarify, expand upon
and improve the city's regulations pertaining to commercial horse boarding
businesses and the uses and activities related thereto; and
WHEREAS, after holding further discussions, work sessions and a
public hearing on September 28, 2010, the Planning and Zoning Commission
voted to recommend approval of a new amendment to the Equine Regulations to
require a Conditional Use Permit process for proposed new commercial horse
boarding businesses; and
WHEREAS, the City Council finds that a Conditional Use Permit process
will serve to better inform and solicit input from neighboring citizens
with regard to the location and scope of commercial horse boarding
businesses, particularly in rural single-family residential areas.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF APACHE JUNCTION, ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
The Apache Junction City Code, Volume II,Land Development Code,Chapter 1,
Zoning Ordinance,Article 1-6,General Provisions and Exceptions, Section
1-6-33 Equine Regulations,shall be amended as follows:
ORDINANCE NO. 1369
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Section 1-6-33(B)(2)shall be amended to read as follows:
2. Approval of a Conditional Use Permit (CUP), pursuant to the
procedures set forth in the City of Apache Junction Zoning
Ordinance,Section 1-6-1 Conditional Use Permits,shall be
required prior to any new commercial horse boarding business
being established in the City subsequent to the effective
date of this ordinance (adopted January 4, 2011; effective
February 3, 2011). The following regulations shall also
apply to the owners or operators of lawfully established and
licensed commercial horse boarding facilities who propose to
allow horse boarders to park and store their horse trailers
on -site.
SECTION II:REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
SECriON 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 4THEAY OF JANUARY , 2011.
SIGNED AND ATTESTED TO THIS
ATTEST:
KATHLEEN CONNELLY
City Clerk
ORDINANCE NO. 1369
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4__TH DAY OF TANUARY , 2011.
APPROVED AS TO FORM:
iZ.I'?.10
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1369
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