ORDINANCE NO. 3038

RELATING TO PLANNING AND ZONING; ADOPTING A RECODIFICATION OF ARTICLE I ENTITLED "ZONING" CHAPTER 23 OF THE TUCSON CODE; SUPERSEDING ARTICLE I OF CHAPTER 23 OF THE TUCSON CODE BEING SECTIONS 23-1 THROUGH 23-509 OF THE TUCSON CODE; ADOPTING A NEW ARTICLE I OF CHAPTER 23 OF THE TUCSON CODE, BEING SECTIONS 23-1 THROUGH 23-509* OF THE TUCSON CODE.

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*   Editors Note: Article I, as updated to June 2, 1986, contains, §§ 23-1--23-471.15.

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BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TUCSON, ARIZONA, AS FOLLOWS:

Section 1. That this Ordinance consisting of Article I of Chapter 23 of the Tucson Code be, and the same hereby is adopted as the "Tucson Zoning Code." of the City of Tucson and shall be treated and considered as a recodification of present Article I of Chapter 23 of the Tucson Code without substantive changes, and shall supersede said Article I, as amended.

Section 2. That any and all additions or amendments to such Zoning Code, when passed in such form as to indicate the intention to make the same a part thereof, shall be deemed to be incorporated into such Zoning Code so that the reference to the "Tucson Zoning Code," shall be understood and intended to include such additions and amendments.

Section 3. That three copies of said adopted Tucson Zoning Code and all subsequent amendments thereto shall be kept on file in the Office of the City Clerk. It shall be the express duty of the City Clerk, or someone authorized by the City Clerk, to insert in their proper places all amendments of Article I indicating the intention to make the same a part of such Zoning Code, when the same have been prepared in page form, and to extract from said Zoning Code all provisions which may be from time to time repealed. A copy of such Zoning Code shall be available for all persons desiring to examine the same during regular business hours. This Zoning Code shall be considered the official Zoning Code of the City of Tucson and shall be a public record of the City of Tucson.

Section 4. Whenever in such Zoning Code or any ordinance amending same, any act is prohibited or is made or declared to be unlawful or a misdemeanor, when no specific penalty is provided therefor, the violation of any such provision thereof may be punishable by a fine not to exceed Three Hundred Dollars or by imprisonment in the city jail not to exceed six months, or by both such fine and imprisonment. Every day any violation of this Tucson Zoning Code or any such ordinance amending same shall continue shall constitute a separate offense.

   Editors Note: Section 4 was later amended by § 1 of Ord. No. 5796, adopted June 20, 1983. Pursuant to instructions of the city the original unamended section has been included.

Section 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or application of this ordinance which can be given effect without the invalid provision or circumstance, and to this end the provisions of this ordinance are severable.

Section 6. Operative Date. That this ordinance shall become operative on January 1, 1968.

Section 7. WHEREAS, it is necessary for the preservation of the peace, health and safety of the City of Tucson that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption.

PASSED, ADOPTED AND APPROVED by the Mayor and Council of the City of Tucson, Arizona, September 11, 1967.

(SEAL)

Lew Davis

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MAYOR

ATTEST:

Mary Fields

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CITY CLERK

APPROVED AS TO FORM:

REVIEWED BY:

Gordon Kipps

Roger O'Mara

CITY ATTORNEY

CITY MANAGER

CERTIFICATE OF CLERK

I, Mary Fields, the duly appointed, qualified and acting City Clerk of the City of Tucson, Arizona, do hereby certify that the foregoing is a true, correct, and compared copy of Ordinance No. 3038, which was passed and adopted by the Mayor and Council of the City of Tucson, Arizona, at a meeting held on the 11th day of September, 1967, at which a quorum was present, by the affirmative vote of not less than five-sixths of the Council, taken by ayes and noes.

Witness my hand and the seal of the City of Tucson, Arizona, this 18th day of September, 1967.

(SEAL)

Mary Fields

CITY CLERK