HomeMy WebLinkAboutORD784ORDINANCE NO.784
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA,AMENDING SECTION 3.0102,14.0101,AND 16.0502 OF THE APACHE JUNCTION,
ARIZONA ZONING ORDINANCE,IN ORDER TO ACCOMMODATE USES THAT ARE SIMILAR TO THOSE
ALREADY PERMITTED IN VARIOUS ZONING DISTRICTS;REPEALING 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 I IN GENERAL
Section 3.0102 is amended as follows:
SECTION 3.0102 REGULATIONS (Except as herein provided)
Intent:I t is the intent of this Zoning Ordinance to accommodate all
legal uses whether specifically identified or not.Uses not specifically
identified shall be permitted in the district where other uses in the
district may create equivalent noise,odor,vibration,traffic generation,
visual impact,or any other quantifiable and measurable impact on the
surrounding properties and uses.Placement of these uses shall be the
responsibility of the Zoning Administrator who,in addition to the
quantifiable and measurable consideration,shall consider the best
interest of the community.
Any person having standing in a court of law who is aggrieved by such a
decision shall have the right to appeal the decision of the Zoning
Administrator to the Board of Adjustment and Appeals under the provision
of Article 11.0103(c).
a.All property,except that covered by statutory exemptions,shall be
hereby governed according to the type of zone in which such property
is located,as shown on the zoning maps adopted and made part
hereof,and shall be subject to the regulations hereinafter set
forth for such zones.The regulations applying to specific uses and
the general regulations are hereinafter set forth.
Land set aside for public rights -of -way,whether by deed or
dedication,shall have no application of this ordinance applied
thereto (see also Section 14.0103).
b.No building shall be erected and no existing building shall be
moved,altered,added to or enlarged,nor shall any land,building,
or premises be used,or designed to be used for any purpose or in
any manner other that a use listed in this Ordinance or amendments
thereto as permitted in the zone in which such land,building,or
premises is located or in a zoning district that is less restrictive
ORDINANCE NO.784
PAGE ONE OF FOUR
than the district where such use is first permitted.Such use shall
be permitted in a less restrictive district unless i t is
specifically prohibited.
c.No building shall be erected,nor shall any existing building be
moved,reconstructed,or structurally altered to exceed in height
the limit established by this Ordinance or amendments thereto for
the zone in which such building is located.
d.No building shall be erected,nor shall any existing building be
moved,altered,enlarged,or rebuilt,nor shall any open spaces
surrounding any building be encroached upon or reduced in any manner
except in conformity with the building site requirements and the
area and yard regulations established by this Ordinance or
amendments thereto for the zone in which such building is located.
e.No yard or other open space provided about any building for the
purpose of complying with the regulations of this Ordinance or
amendments thereto shall be considered as providing a yard or open
space for any other building or structure.
f.No structure shall be erected in a required front yard,side yard,
or rear yard except as specifically permitted herein.
The express enumeration and authorization herein of a particular
class of building,structure,premises,or use in a zone shall be
deemed a prohibition of such building,structure,premises or use in
all other of more restrictive classification.
g.
Section 14.0101 is hereby amended as follows:
SECTION 14.0101 ZONES
For the purpose of this Ordinance,the
established and listed in descending order
most restrictive district being R1-43.
RESIDENTIAL
R1-43
R1-43(MH)
GR
CR-1
CR-1(MH)
CR-2
CR-2(MH)
R1-8
R1-8(MH)
CR-3
ORDINANCE NO.784
PAGE TWO OF FOUR
Single Family
Single Family
General Rural
Single Family
Single Family
Single Family
Single Family
Single Family
Single Family
Single Family
following zones are hereby
of restrictiveness with the
Residence Zone
Residence Zone/Manufactured Homes
Zone
Residence Zone
Residence Zone/Manufactured Homes
Residence Zone
Residence Zone/Manufactured Homes
Residence Zone
Residence Zone/Manufactured Homes
Residence Zone
CR-3(MH)
R-1
CR-4
CR-5
TH
COMMERCIAL
TR
C-1
C-2
CB -1
C-3
C-4
CB -2
INDUSTRIAL
CI -1
CI -2
Single Family Residence Zone/Manufactured Homes
Duplex Residence Zone
Multiple Family Residence Zone
Multiple Family Residence Zone
Trailer Homesite Zone
Transitional Zone
Neighborhood Commercial/Convenience District
Local Commercial District
Local Business Zone
General Commercial District
Heavy Commercial District
General Business Zone
Light Industrial and Warehouse Zone
Heavy Industrial Zone
PLANNED DEVELOPMENT (PD)
Planned Development (PD)districts are zoning overlays which provide
further restrictions on the base or underlying zones and are not separate
classifications unto themselves.
Paragraph 4 is added to Section 16.0502 PERMITTED PRINCIPAL USES as follows:
4.Uses similar to those listed in subsections 1 through 3 shall be
permitted upon determination by the Zoning Administrator that such
use is of the same general character as at least one of those
listed.
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.
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
ORDINANCE NO.784
PAGE THREE OF FOUR
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 2ND DAY OF APRIL ,19 91 .
SIGNED AND ATTESTED TO THIS 4TH DAY OF APRIL
Kenneth Bluntschly
Mayor
ATTEST:
Z 2t
Kathleen Connelly
City Clerk
APPROVED AS TO FORM:
D'aftd F Alexafider
Cit))\Attorne
ORDINANCE NO.784
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