TOWN OF PINETOP-LAKESIDE

 

ORDINANCE NO. 06-283

 

AN ORDINANCE OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF PINETOP-LAKESIDE, ARIZONA, REPEALING BOTH TOWN CODE TITLE 17, CHAPTER 17.120, THE BOARD OF ADJUSTMENT, THE APPEALS PROCEDURE, VARIANCES, AND TOWN CODE TITLE 17, CHAPTER 17.124 PERMIT LIMITATIONS AND FEES IN THEIR ENTIRETY AND ADOPTING NEW TITLE 17, CHAPTER 17.120, “THE BOARD OF ADJUSTMENT, THE APPEALS PROCEDURE, VARIANCES.”

 

WHEREAS, the proposed Town Code Title 17, Chapter 17.120 “The Board of Adjustment, The Appeals Procedure, Variances” is declared to be a public record by adopting Resolution No. 06-874; and

 

WHEREAS, pursuant to Arizona Revised Statutes § 9-802, three (3) copies of the Town Code, Title 17, Chapter 17.120 “The Board of Adjustment, The Appeals Procedure, Variances” are on file in the Office of the Town Clerk, and referred to in this Ordinance by reference; and

 

WHEREAS, the Town of Pinetop-Lakeside desires to repeal the existing “Chapter 17.120 “The Board of Adjustment, The Appeals Procedure, Variances” and Chapter 17.124 “Permit Limitations and Fees” and combine them in new chapter, Chapter 17.120 “The Board of Adjustment, The Appeals Procedure, Variances.”

 

NOW THEREFORE BE IT ORDAINED by the Mayor and Town Council of the Town of Pinetop-Lakeside, Arizona as follows:

 

Section 1.        Town Code Title 17, Chapter 17.120, Sections 17.120.010 through 17.120.080 is repealed in its entirety.

 

Section 2.        Town Code Title 17, Chapter 17.124, Sections 17.124.010 and 17.124.020 is repealed in its entirety.

 

Section 3.        Town Code Title 17, Chapter 17.120, Sections 17.120.010 through 17.120.090 “The Board of Adjustment, The Appeals Procedure, Variances” is hereby adopted by reference, as if fully set forth herein.  A copy of the full text of this new Chapter 17.120 of the Town Code is attached as Exhibit “A.”

 

Section 3.        If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of “Chapter 17.120 The Board of Adjustment, The Appeals Procedure, Variances” 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.

 

PASSED AND ADOPTED by the Mayor and Town Council of the Town of Pinetop-Lakeside, Arizona, this 19th day of October 2006.

 

TOWN OF PINETOP-LAKESIDE

 

/s/ LARRY VICARIO, Mayor

 

ATTEST:

 

/s/ LU ANNE FROST, Town Clerk

 

APPROVED:

 

/s/ JACK BARKER, Town Attorney