HomeMy WebLinkAboutORD1440ORDINANCE NO. 1440
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 8:WIRELESS COMMUNICATIONS;
REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR
SEVERABILITY.
WHEREAS, on March 18, 1997, the Mayor and City Council passed Ordinance
No. 985, adding Chapter 8, Article 8-1-1: Wireless Communication Facilities
to the Apache Junction City Code, Volume II,Land Development Code;and
WHEREAS,on October 17, 2016 a new text amendment application was
received proposing to amend sections of the Apache Junction City Code, Volume
II,Land Development Code,Chapter 8:Wireless Communications;and
WHEREAS, at their public hearing on December 13, 2016, the Planning and
Zoning Commission voted to recommend approval of text amendment case AM -1-16
by a vote of 7 to 0.
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 8,
Wireless Communications,shall be amended as follows:
Section 8-1-4: Site Locations
Paragraph "B" shall be re -written as follows:
(B)Commercial, industrial and public/ semi-public aerials.
(1)Commercial,office,public.Aerials intended for
commercial, office, industrial and public/semi-public use are
prohibited on residentially zoned and used properties and/or
historically designated properties;with the exception of
properties with MHP or RVP zoning districts.
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(2)Administrative review.Aerials proposed on
public/semi-publicly owned properties shall be required to
undergo an administrative review process.
(3)Conditional use permit.Aerials proposed on properties
zoned for commercial or industrial purposes,or properties
with MHP or RVP zoning designations, shall be required to go
through the conditional use permit process and the associated
public hearings before the Planning and Zoning Commission.
Section 8-1-5: General Site Development Regulations
Paragraph "A" shall be re -written as follows:
(A)Aerials.
(2)Overall height of the aerials on commercial and
industrial zoned property,or properties with MHP or RVP
zoning designations,shall meet the maximum height
requirement of the zoning district plus 10 feet.Proposed
aerials exceeding this height may request an exception during
the conditional use permit process for an aerial exceeding
the maximum height allowed;except those wireless
communication facilities that meet the criteria as listed in
division (B) (1) of this section.
Paragraph "C" shall be re -written as follows:
(C)Masts and towers.
(4)Conditions.All aerial mast and tower approvals
intended for commercial, office, industrial, or manufactured
home or recreational vehicle parks shall be conditioned to
allow the collocation of aerials and related facilities of
other commercial,office,and industrial users where
appropriate and feasible.
Section 8-1-6: Specific Site Development Regulations
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Paragraph "B" shall be re -written as follows:
(B)Commercial, industrial and public, semi-public aerials.
(2) Detached masts and towers shall be located no closer to
a residentially zoned property, other than MHP or RVP zoned
properties, than 50 feet or a distance equal to 1 foot for
every 1 foot of structure height,whichever is greater.
Building mounted aerials should be located a minimum of 50
feet horizontally from any residentially zoned property.
SECTION II:REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the provisions of
this ordinance 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 COUNpL OF THE CITY OF APACHE
JUNCTION, ARIZONA, THIS / 1 -r4 DAY OF N4M/44441,/, 2017.
SIGNED AND ATTESTED TO THIS /DAY OF Ave/, 2017.
JEVERDY -'
Mid.VOL
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ATTEST:
City Clerk
APPROVED AS TO FORM:
/e / 7
RICHARD JOEL STERN
City Attorney
ORDINANCE NO. 1440
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