HomeMy WebLinkAboutORD1509 ORDINANCE NO. 1509
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION
CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER. 1 :
ZONING ORDINANCE, BY AMENDING ARTICLE 1-5: ZONING BULK
AND USE REGULATIONS, SECTION 1-5-2 : RESIDENTIAL BULK
REGULATIONS, TABLE 5-2: FOOTNOTES 7, 8, 9, and 10; BY
REPEALING AND REPLACING ARTICLE 1-6: SUPPLEMENTAL
REGULATIONS, SECTION 1-6-5 : ACCESSORY STRUCTURES; BY
REPEALING ARTICLE 1-6: SUPPLEMENTAL REGULATIONS,
SECTION 1-6-8 : CARGO CONTAINERS IN ITS ENTIRETY; BY
REPEALING, ARTICLE 1--17 : DEFINITIONS RELATIVE TO THE
TERM `CARGO CONTAINER" AND REPLACING IT WITH "OVERSEAS
SHIPPING CONTAINER;" BY ADOPTING BY REFERENCE THAT
CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED
"AUGUST 2021 AMENDMENTS TO THE APACHE JUNCTION CITY
CODE, VOLUME II, ZONING ORDINANCE, ARTICLE 1-5: ZONING
BULK AND USE REGULATIONS, SECTION 1-5-2 : RESIDENTIAL
BULK REGULATIONS, TABLE 5-2: FOOTNOTES 7, 8, 9, and 10;
ARTICLE 1-6: SUPPLEMENTAL REGULATIONS, SECTION 1-6-5:
ACCESSORY STRUCTURES; 1-6-8 : CARGO CONTAINERS, ARTICLE
1-17 : DEFINITIONS"; REPEALING ANY CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR PENALTIES.
WHEREAS, Apache Junction City Code ("A. J. C. C. ") , Volume II,
Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6 :
Supplemental Regulations, was most recently amended by Ordinance
No. 1402 on May 6, 2014 as part of a comprehensive set of
amendments to the zoning ordinance; and
WHEREAS, the mayor and city council now desire to amend
portions of the city zoning code pertaining to accessory
structures and regulate overseas shipping containers under the
zoning code as accessory structures; and
WHEREAS, by handling cargo containers as accessory
structures, code changes are required for several sections of the
zoning ordinance including the accessory structures, cargo
containers, bulk regulations and definitions; and
WHEREAS, a council work session on August 2, 2021 and a
public hearing on August 17, 2021 were held to discuss the
proposed amendments; and
WHEREAS, A. R. S. § 9-802 permits municipalities to enact the
provisions of a code of public record theretofore in existence
without setting forth such provisions in full text as long as the
adopting ordinance is published in full text and at least one
paper copy of the code changes or public record are filed in the
ORDINANCE NO. 1509
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office of the clerk of the municipality and an electronic copy
thereof is accessible on the city' s website and made available
for public inspection; and
WHEREAS, pursuant to A.R.S. §§ 9-801 (l) and 9-802, codes
which may be adopted by reference include zoning codes; and
WHEREAS, city staff has determined that for administrative
efficiency and cost savings on required code publications, it is
more appropriate to update the city code by adopting the text by
reference.
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 II, Land
Development Code, Chapter 1: Zoning Ordinance, be amended as
follows: Article 1-5 : Zoning Bulk and Use Regulations,
Section 1-5-2: Residential Bulk Regulations, Table 5-2:
Footnotes 7, 8, 9, and 10 be amended; by repealing and
replacing Article 1-6: Sup2lemental Regulations, Section 1-
6-5: Accessory structures; by repealing Article 1-6:
Supplemental Regulations, Section 1-6-8: Cargo Containers in
its entirety; by repealing, Article 1-17 : Definitions
relative to the term "Cargo Container" and replacing it with
"Overseas Shipping Container" as referenced in the document
in paragraph 2 below.
2. That certain document known as, "August 2021 Amendments to
the Apache Junction City Code, Volume II, Land Development
Code, Chapter 1: Zoning Ordinance, Article 1-5, Section 1-5-
2 : Residential Bulk Regulations, Table 5-2: Footnotes 7, 8,
9, and 10; Article 1-6: Supplemental Regulations, Section I-
6-5: Accessory structures, Section 1-6-8 : 'Cargo containers;
and Article 1-17 : Definitions", one paper copy filed in the
office of the city clerk and one electronic copy accessible
on the city' s website both of which were made a public
record by Resolution No. 21-31, 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.
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SECTION N III. PROVIDING FOR S EVERABILIT<'
If any section, subsection, sentence, phrase, clause or portion
of this card1 n artCe or any part of the codes or regulations adopted
herein by reference is for any i.-eason held to be invalid or
unconstitutional by the decision f any c_,+.. art of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions thereof.
of
SECTION IV PROVIDING FOR PENALTIES
Unless noted: otherwise, a n y violation of i:..:n .t provisions adopted
herein, shall be punishable as a class 1 misdemeanor consistent
with Apache Junction City r,-"()de, Volume 1 , Chapter 1 : GENERAL,
Article 1 -�8 : PENALTY, __....�� ....
SECTION V ESTABLISHING AN EFFECTIVE DA`]:'E°
The provisions of this ordinance shall W effective beginning
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SIGNED AND ATTESTED TO THIS �ffjjpp DAY CE � � ` � 20M
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APPROVED AS TO FORM:
City Attorney
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