HomeMy WebLinkAboutORD830ORDINANCE NO.830
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,AMENDING SECTION 3.0104 AND SECTION 3.0108 OF
ARTICLE 3 OF THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,ALLOWING
FOR UTILITY REPAIRS,ALTERATION,AND REPLACEMENTS FOR NONCONFORMING
USES;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 3.0104 PROHIBITION ON CHANGES TO NONCONFORMING USES
is amended to read:
a.No changes in lawful nonconforming uses or structures may be made except in
accordance with this section unless such lawful nonconformity 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 ARS §9-462.02 (Nonconformance to
regulations)which provides that:
The municipality may acquire by purchase or condemnation private property for
the removal of nonconforming uses and structures.The elimination of such
nonconforming uses and structures in a zoned district is for a public
purpose.Nothing in an ordinance or regulation authorized by this article
shall affect existing property or the right to its continued use for the
purpose used at the time the ordinance or regulation takes effect,nor to any
reasonable repairs or alterations in buildings or property used for such
existing purpose.
c.Permits for the repair or replacement of utilities for the purpose of
providing for public health and safety may be issued for nonconforming uses
and structures.
d.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.
ORDINANCE NO.830
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and SECTION 3.0108 DESTROYED NONCONFORMITIES is amended to read:
Any nonconforming use or structure,except for its utilities,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.
SECTION III PROVIDING FOR SEVERABILITY
If 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 2ND DAY OF JUNE ,1992.
SIGNED AND ATTESTED TO THIS 3RD DAY OF JUNE ,1992.
THOMAS DAMIANO
Mayor
ATTEST:
KATHLEEN CONNELLY
City Clerk
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AP 1.? Rpy Lp J o
GLENN' J.
City/ Attorn
ORDINANCE NO.830
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