Loading...
HomeMy WebLinkAboutORD772ORDINANCE NO.772 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA ZONING ORDINANCE,BY AMENDING ARTICLE 3 (APPLICATION OF ORDINANCE) AND ARTICLE 5 (DEFINITIONS)TO ESTABLISH NEW PROVISIONS AND DEFINITIONS AFFECTING NONCONFORMING USES;REPEALNG 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 1 IN GENERAL A.Section 5.0101 is amended as follows: NONCONFORMING USE:See Section 3.0103 B.Sections of Article 3 are amended as follows: SECTION 3.0103 NONCONFORMING USE DEFINITIONS a.NONCONFORMING OR NONCONFORMITY:any building or use which does not comply with the currently adopted Zoning Ordinance of the City of Apache Junction. b.LAWFUL NONCONFORMING OR LAWFUL NONCONFORMITY:any structure utilized or any use established prior to May 7,1985;or any lawful use established or any lawful structure erected subsequent to May 7, 1985,which is made nonconforming as a result of any change in the Apache Junction Zoning Ordinance after May 7,1985. c.AS -IS:shall mean the condition of a nonconformity at the time i t is made nonconforming.I t is understood that "as -is"will change from time to time due to normal deterioration,natural or man-made disaster and other causes.I t shall also refer to any objective measure of nonconformity such as the number of nonconforming uses and structures,the amount of space utilized by the nonconformity, sewer or septic tank requirements and any other measurable level of use. d.WHERE -IS:shall mean the location of a nonconformity at the time i t is made nonconforming.This includes location on a site of nonconforming structures,and items such as utilities,man-made and natural features,and any and all manifestation of the nonconformity of the structures or uses maintained on the site. ORDINANCE NO.772 PAGE ONE OF FOUR SECTION 3.0104 PROHIBITION ON CHANGES TO NONCONFORMING USES a.No changes in lawful nonconforming uses or structures may be made except in accordance with this section unless such lawful conformity is specifically addressed elsewhere in this Ordinance. b.No license or permit for a lawful nonconforming use or structure shall be issued to make any alterations or repairs that will add useful life,expand or alter the "as -is"or "where -is"condition of the lawful nonconformity.Nothing in this paragraph is to be construed as a prohibition of any maintenance or repair authorized by State law. c.Any structure made nonconforming due to failure to meet bulk requirements is exempted from this section.Any new addition to said nonconforming structure will be permitted if the new addition conforms with the current requirements of this ordinance. SECTION 3.0105 ESTABLISHMENT OF LEGAL NONCONFORMANCE a.No permit or license shall be issued for a nonconforming use or structure until an appropriate Letter of Lawful Nonconformity has been issued excepting permits,licenses,papers or contracts necessary to extinguish and terminate such nonconformity. b.The showing that a nonconforming use or structure is lawful shall be the burden and responsibility of the owner.The function of establishing the legality of a nonconformity may be assigned by the owner to the occupant or other interested party,but in no case shall the responsibility burden the City of Apache Junction. c.Upon a showing of necessary and sufficient evidence,the Zoning Administrator shall issue a Letter of Lawful Nonconformity which shall be proof that the use or structure described therein is lawful and may continue subject to the regulations of this section. SECTION 3.0106 APPEALS PROCESS a.An appeal to the Board of Adjustment may be taken pursuant to Section 11.0103(c.)of the Zoning Ordinance by any person aggrieved by a decision of the Zoning Administrator under the provisions of this Article.However,such party shall be responsible for costs associated with the appeal and shall bear the full burden of proof for the appeal. ORDINANCE NO.772 PAGE TWO OF FOUR b.The Board of Adjustment shall have the power to hear and determine cases brought under the authority of this section.The Board shall have the authority to issue a Letter of Lawful Nonconformity that has been denied by the Zoning Administrator only after showing that such use or structure is lawfully nonconforming.The Board shall have the authority to withdraw Letters of Lawful Nonconformity only after a showing that such letters were issued in error and such use or structure is in fact not a lawful nonconformity. SECTION 3.0107 TERMINATION OF NONCONFORMITIES a.Nonconformity must remain in an "as -is"and "where -is"condition except as provided for in this section.Failure to follow the regulations as prescribed herein shall be prima facie evidence of extinguishment and termination of lawful nonconformity. b.Cessation in utilization of a nonconforming use or structure or a portion of a nonconforming use or structure for a period of twelve (12)months shall result in a loss of that right of lawful nonconformity for the use or structure or portion thereof.The Zoning Administrator shall give due notice to the property owner of this potential loss at least six (6)months prior to the expiration of the twelve (12)month cessation period. c.For the purposes of elimination of nonconforming uses and structures,cessation of use shall be considered abandonment. Abandonment shall constitute extinguishment of all claims of nonconformity whether lawful nonconforming or not. SECTION 3.0108 DESTROYED NONCONFORMITIES a.Any nonconforming use or structure which is hereafter damaged or decayed to an extent exceeding fifty percent (50%)of its reproduction value,exclusive of foundations,may not be restored, reconstructed,replaced or used except in conformity with the provisions of this Zoning Ordinance. SECTION I I 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. ORDINANCE NO.772 PAGE THREE OF FOUR SECTION III PROVIDING FOR SEVERABILITY I f any section,sub -section,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 portion thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 5TH DAY OF FEBRUARY ,19 91 . SIGNED AND ATTESTED TO THIS 8TH DAY OF FEBRUARY ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: ORDINANCE NO.772 PAGE FOUR OF FOUR ,19 91 . ZVe-e /E-Kenneth Bluntschly ( mayor