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HomeMy WebLinkAboutOrdinance 2011.10 Amending title 3 of the land development code relating to designated commerical area and modifying title 5 (zoning) F . ANN RODRIGUE RECORDER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Recorded By: JSH v °F �I� DEPUTY RECORDER SEQUENCE: 20110830217 O ,w 4 497 W i'pz NO. PAGES: 1 SMARA '' ORDIN 03/24/2011 TOWN OF MARANA TOWN CLERK gRIZO�Q' 12:30 11555 W CIVIC CENTER DR MAIL AMOUNT PAID: $8.00 MARANA AZ 85653 f MARANA ORDINANCE NO. 2011.10 RELATING TO DEVELOPMENT; AMENDING THE LAND DEVELOPMENT CODE TITLE 3 (DEFINITIONS) BY ADDING A "DESIGNATED COMMERCIAL AREA" DEFINITION TO SECTION 03.04 AND MODIFYING TITLE 5 (ZONING) SECTION 05.02.01 (ZONE A — SMALL LOT ZONE), AS IT RELATES TO PERMITTED USES; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS the Mayor and Council of the Town of Marana find that the revisions adopted by this ordinance are in the best interests of the Town of Marana and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The amendments to Marana Land Development Code Title 3 (Definitions) adding a "Designated Commercial Area" definition to section 03.04 and modifying Title 5 (Zoning), Section 05.02.01 (Zone A — Small Lot Zone), as it relates to permitted uses, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were made a public record by and are attached as Exhibit A to Resolution No. 2011 -38 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance; provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 3. 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, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. This ordinance is effective on April 15, 2011. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL PF THE TOWN OF MARANA, ARIZONA, this 15 day of March 2011. e O � C Oa CN00 �' Mayor`Ed Honea z sFAt ATTEST: , APPROVED AS TO FORM: J elyn C. onson, Town Clerk Town , orney o 75 aia , O\W m � OFFICIAL RECORDS OF WHEN RECORDED RETURN T o: TOWN OF MARANA PINAL COUNTY RECORDER ATTN: TOWN CLERK LAURA DEAN -LYTLE 11555 W CIVIC CENTER DRIVE MARANA, ARIZONA 85653 DATE/TIME: 03/2512011 1125 FEE: $12.00 PAGES: 1 FEE NUMBER: 2011 - 025328 IIIIIII VIIIVIIIVIIIVIII IIIII VIIIVIIIVIIIVIII IIII IIII MARANA ORDINANCE NO. 2011.10 RELATING TO DEVELOPMENT; AMENDING THE LAND DEVELOPMENT CODE TITLE 3 (DEFINITIONS) BY ADDING A "DESIGNATED COMMERCIAL AREA" DEFINITION TO SECTION 03.04 AND MODIFYING TITLE 5 (ZONING) SECTION 05.02.01 (ZONE A — SMALL LOT ZONE), AS IT RELATES TO PERMITTED USES; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS the Mayor and Council of the Town of Marana find that the revisions adopted by this ordinance are in the best interests of the Town of Marana and the general public. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, AS FOLLOWS: SECTION 1. The amendments to Marana Land Development Code Title 3 (Definitions) adding a "Designated Commercial Area" definition to section 03.04 and modifying Title 5 (Zoning), Section 05.02.01 (Zone A — Small Lot Zone), as it relates to permitted uses, three copies of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were made a public record by and are attached as Exhibit A to Resolution No. 2011 -38 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. SECTION 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed as of the effective date of this ordinance; provided, however, that this repeal shall not affect the rights and duties that matured or penalties that were incurred and proceedings that were begun before the effective date of the repeal. SECTION 3. 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, the decision shall not affect the validity of the remaining portions of this ordinance. SECTION 4. This ordinance is effective on April 15, 2011. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF HE TOWN OF MARANA, ARIZONA, this 15 day of March, 2011. `N , 'O 1FINl� ` �� - W Mayor Ed Honea ATTEST: S APPROVED AS TO FORM: I, u ►�9;� ```` � a qcel�ynC. /b nson, Town Clerk �Ody, nk flown Att ey MARANA RESOLUTION NO. 2011-38 RELATING TO DEVELOPMENT; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS TO MARANA LAND DEVELOPMENT CODE TITLE 3 (DEFINITIONS) ADDING A "DESIGNATED COMMERCIAL AREA" DEFINITION TO SECTION 03.04 AND MODIFYING TITLE 5 (ZONING) SECTION 05.02.01 (ZONE A — SMALL LOT ZONE), AS IT RELATES TO PERMITTED USES BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the amendments to Marana Land Development Code Title 3 Definitions) and Title 5 (Zoning), a copy of which is attached to and incorporated in this resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, are hereby declared to be a public record and ordered to remain on file with the Town Clerk. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL O THE TOWN OF MARANA, ARIZONA, this 15 day of March, 2011. Mayor td 44orea ATTEST:APPROVED AS TO FORM: jkelynTC.onson, Town Clerk ank Ca9V Town Att ney i SEAL EXHIBIT A TO MARANA RESOLUTION NO. 2011 -38 Amendments to Marana Land Development Code adopted pursuant to Marana Ordinance No. 2011. 10, amending Title 3 (Definitions) by adding a "Designated Commercial Area" definition to Section 03.04 and modifying Title 5 (Zoning) Section 05.02.01 (Zone A — Small Lot Zone), as it relates to permitted uses SECTION 1. Title 3 (Definitions) Section 03 -04 (Definitions "D ") of the Marana Land Development Code is hereby revised by adding the following definition of "Designated Commercial Area" between the existing definitions of "Density" and "Developer ": Designated Commercial Area: A lot in Zone A where the only building or buildings were originally designed and constructed to accommodate business, commercial, office, industrial, or warehousing uses and not residential uses. SECTION 2. Title 5 (Zoning) Section 05.02.01 (Zone A — Small Lot Zone) of the Marana Land Development Code is hereby revised as follows (with deletions shown with stfikeeuts and additions shown with double underlining) Permitted Uses. Within Zone A, residential, commercial, industrial, and quasi- public land uses shall be permitted so long as each such land use is conducted on a lot no larger than 2.5 acres and is consistent with the Significant Land Use Change procedure described in Section 05.03 of this Code. Significant Land Use Change approval is not required to establish a use permitted in the Neighborhood Commercial (NQ zone. section 05.11.02. within an existing building or suite in a Designated Commercial Area if the use can be accommodated within the existing building or suite without requiring a new retail commercial building permit. This is not, however, to be construed to permit any land use that may be specifically prohibited within the Town of Marana by this or any other Ordinance of the Town of Marana or by State or Federal law. II I 00025173.DOC /}3/7/20119:29 AM