HomeMy WebLinkAboutORD1508 ORDINANCE NO. 1500
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIO A, AMENDING APACHE JUNCTION
CITY CODE, VOLUME I, LAND DEVELOP T CODE, CHAPTER 1:
ZONING ORDINANCE, BY K-EPEALING AND REPLACING PORTIONS
OF ARTICLE 1®5: ZONING BULK AND USE REGULATIONS; AND BY
ADOPTING BY REFERENCE THAT CERTAIN DOCU T TI L D
"AUGUST 2021 AMENDMENTS O THE APACHE JUNCTION CITY
CODE, VOLUME LAND DEVELOPMENT CODE, CHAPTER 1 :
ZONING ORDINANCE, ARTIC 1--5 : ZONING BULK AND USE
REGULATIONS, § -5-3 O -R S TIAL USE REGULATIONS
AND § 1-5-4 NON-Rff-SIDENTIAL BULK REGULATIONS";
REPEALING ANY C FLICTING PROVISIONS; PROVIDING FOR
V LITY; AND PROVIDING FOR PENALTIES.
WHEREAS, on November 1 , 2020 and March 1, 2021, the city
council asked staff to refine the land use regulations of the
Apache Junction City Code ("A. J.C.C. ") , Volume II, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 :
Zoning Bulk and Use RfEjulations, to align the land use
regulations with the city' s downtown growth plan; and.
WHEREAS, staff found it most efficient to refine the land use
regulations for all non-residential zoning districts at one time
o correct category errors and provide regulatory clarity® and
WHEREAS, the planning and zoning commission met on June 22,
2021 and July 13, 2021 and the city council met on August 2, 2021
o discuss the proposed amendments; and
WHEREAS, the planning and zoning commission recommended to
the city council the approval of the proposed code amendments with
a vote of 7-0 on July 21, 2021; and
WHEREAS, Arizona Revised Statutes Annotated (hereinafter
"°A. . . ") § 9m- 02 permits municipalities to enact the provisions
of a code or public record in existence without setting forth
such provisions in full text as long as the adopting ordinance is
published in full teat, and at least one paper copy is filed with
the city clerk and an electronic copy is accessible on the city' s
website, with both made available for public use and inspection;
and
WHEREAS, pursuant to A.R. S . §§ 9- 1 (1) and 9- 02, such
codes include zoning regulations; and
WHEREAS, city staff has determined that for administrative
efficiency and to reduce the publication costs, it is more
appropriate to update the city code by adopting the text by
reference.
ORDINANCE NO. 1508
PAGE 1 OF 3
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS:
SECTION I IN GENERAL
1 . That the existing Apache Junction City Code, Volume IT, Land
Development Code, Chapter 1 : Zoning Ordinance, Article 1_-5 :
Zoni
ng Sulk and Use _aegulat�iona,, § 1-5-3 Non-Residential Use
Regulations and § 1-5-4 Non-Residential Bulk Regulations, be
amended by repeal and replacement as referenced in the
document noted in #2 below.
2 . That certain document known as the "2021 Amendments to the
Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zoning Ordinance, Article 1-5: Zoning Bulk and
Use_ Regulations, § 1-5-3 Non-Residential Use Re ulations and
§ 1-5-4 Non-Residential Bulk Regulations", of which at least
one paper copy is on file with the city clerk and one
electronic copy of which is accessible on the city' s website
-lUnctionaz . a-
pa(_ e r)v) , and which document was made a
public record by Resolution No. 21-30, is hereby referred
to, adopted and made a part hereof as if fully set out in
this ordinance, pursuant to A. R. S. § 9-802 .
SECTION II 'REPEALING ANY CONFLICTING PROVISIONS
All ordinances and parts of ordinances in conflict with the
provisions of this ordinance or any part of the codes adopted
herein by reference 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 codes or regulations 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®
SECTION IV PROVIDING FOR PENALTIES
Unless noted otherwise, any violation of any provisions adopted
herein, shall be punishable as a class 1 misdemeanor consistent
with Apache Junction City Code, Volume 1, Chapter 1 : GENERAL,
Article 1-8 : PENALTY.
APPROVED AND ADOPTED BY THE MAYOR ND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS j DAY OF 2021.
ORDINANCE NO. 1508
PAGE 2 OF 3
SIGNED AND ATTESTED TO THIS DAY O 2021 ®
P
wA TER ®`CHIP- WILSON
Mayor
ATTEST®
s
4tyJNAlIFE PEN
C rk
APPROVED AS TO FORM
4 6-It -21
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1508
PACE 3 OF 3