HomeMy WebLinkAboutOrdinance 93.01 Amending the land development code relationg to annexations
ORDINANCE NO. 93.01
AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING SECTION 09.08
AS AN AMENDMENT TO THE DEVELOPMENT CODE ENTITLED "ANNEXATION";
PROVIDING FOR REPEAL OF EXISTING ORDINANCES; PROVIDING SEVERABILITY
AND DECLARING AN EMERGENCY.
WHEREAS, the Town Council of the Town of Marana did on May 14,1984 adopt
Ordinance No. 84.04 which Ordinance adopted a Development Code for the Town of
Marana; and
WHEREAS, the Town Council has determined it would be in the best interests for the
Town of Marana to add a Section to that Development Code that provides for the
continuation of Pima County Zoning until the Town establishes original Town of Marana
Zoning as a result of annexation of land from the unincorporated area of Pima County; and
WHEREAS, the Town Council had determined that it would be in the best interests of
the Town of Marana to add provisions relating to annexation that honor building permits
issued by Pima County for a reasonable time, and where those permits meet the intent of the
Marana Building Code and other public health, safety and general welfare codes.
NOW, THEREFORE BE IT ORDAINED by the Town Council of the town of Marana,
Arizona that the following wording be added to the Town of Marana Development Code,
creating a new Section 09.08 et. seq., relating to Annexation:
09.08
09.08.01
09.08.02
09.08.03
Annexation
Process (Reserved)
Zoning- at Time of Annexation
A. Areas, when annexed to the Town of Marana, shall be considered to be
zoned as shown on the official zoning maps of Pima County at the time of
annexation.
B. Rezonings which are subject to conditions by the Pima County
Board of Supervisors, shall continue to have those conditions in effect at
the time of annexations into the Town of Marana.
Original Town of Marana Zoning
Original Town of Marana zoning for all annexed property shall be
established within 180 days of annexation. For each annexed parcel the
Town of Marana shall establish original Town zoning classifications that
are most closely comparable to the zoning classification for those parcels
previously applicable in Pima County.
09.08.04
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09.08.05
09.08.06
09.08.07
Effect of Annexation on Building Permits
Pima County building or use permits, legally issued not less than ten
(10) days prior to the effective date of annexation, shall be honored by
the Town building inspector after the effective date of annexation, and
the inspector shall issue a town building permit when construction
details conform to all pertinent County construction codes and pertinent
county zoning regulations in effect at the time the county permit was
issued. The amount of the fee paid for the county permit shall apply on
the Town permit and the balance only must be paid before a Town
permit is issued.
When Town Building Permit Required
For buildings under construction based on permits issued by Pima
County less than 10 days prior to the effective date of annexation, a
Town building permit shall be required and all construction shall
conform to the pertinent town construction codes and conform to
pertinent Town zoning regulations.
Nonconforming Uses
Any use or activity conducted contrary to county zoning regulations at
the effective date of annexation and not constituting a nonconforming
use under the county zoning regulations shall not be considered a
nonconforming use hereunder and the continuance thereof shall
constitute a violation of this ordinance.
Enlargement of Use
Buildings devoted to any use which is permitted under the terms of this
ordinance may be enlarged or extended only after securing a new
building permit.
BE IT FURTHER ORDAINED by the Mayor and Council of the Town of Marana:
Section I: All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section IT: If any section, subsection, sentence, clause, phrase or portion of this
ordinance 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 III: Whereas, it is necessary for the preservation of the peace, health
and safety of Marana, Arizona, an emergency is declared to exist, and this ordinance
shall become immediately operative and in force from and after the date of posting
hereof.
PASSED AND ADOPTED by the Town Council of the Town of Marana this 2nd. day
of February, 1993.
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Mayor Ora Ham