HomeMy WebLinkAboutOrd 2013-08ORDINANCE NO. 13 -08
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS SUBDIVISION ORDINANCE, ARTICLE 3 (SUBDIVISION DESIGN
PRINCIPLES AND STANDARDS) SECTION 3.08 (LOT PLANNING) BY
DELETING SUBSECTION H THEREOF, AND AMENDING THE TOWN OF
FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5 (GENERAL
PROVISIONS) SECTION 5.03 (REDIVIDING OF RECORDED LOTS) BY
DELETING SUBSECTION B THEREOF; RELATING TO LOT SIZE
REQUIREMENTS.
WHEREAS, the Mayor and the Council of the Town of Fountain Hills (the "Town
Council ") adopted Ordinance No. 96 -29, which established the Subdivision Ordinance for the
Town of Fountain Hills (the "Subdivision Ordinance "); and
WHEREAS, the Town Council adopted Ordinance No. 93 -22, which adopted the. Zoning
Ordinance for the Town of Fountain Hills (the "Zoning Ordinance "); and
WHEREAS, the Subdivision Ordinance and the Zoning Ordinance each contain
provisions relating to lot division which require conformance with size limitations tied to nearby
similar property (the "Lot Averaging Provisions "); and
WHEREAS, the Town Council desires to amend the Subdivision Ordinance ands the
Zoning Ordinance to eliminate the Lot Averaging Provisions; and
WHEREAS, public hearings regarding this Ordinance were advertised in the
April 24, 2013 and May 1, 2013, editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on May 9, 2013 and by the Town Council on June 6, 2013.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Subdivision Ordinance, Article 3 (Subdivision Design Principles and
Standards), Section 3.08 (Lot Planning), is hereby amended by deleting Subsection H thereof in
its entirety.
SECTION 3. The Zoning Ordinance, Chapter 5 (General Provisions), Section 5.03
(Redividing of Recorded Lots), is hereby amended by deleting Subsection B thereof in its entirety
and reserving it for future use.
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SECTION 4. 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 of
this Ordinance.
SECTION 5. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and take all steps necessary to cant'
out the purpose and intent of this Ordinance.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
June 6, 2013.
FOR THE TOWN OF FOUNTAIN HILLS:
Gda M. kava'naky Mayor
REVIEWED BY:
Kenneth W. Buchanan, Town Manager
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ATTESTED TO:
APPR VED AS TO FORM:
Andrew J. McGuire, Town Attorney