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ORDINANCE NO. 06-03
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AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, BY AMENDING CHAPTER 1,
INTRODUCTION, SECTION 1.12, DEFINITIONS; CHAPTER 16, LODGING
ZONING DISTRICT, SECTION 16.02, PERMITTED USES; AND CHAPTER
5, GENERAL PROVISIONS, BY ADDING A NEW SECTION 5.22,
PROHIBITION OF FRACTIONAL OWNERSHIP PROJECTS; RELATING TO
FRACTIONAL OWNERSHIP USES WITHIN THE LODGING ZONING
DISTRICTS.
WHEREAS, the Mayor and Town Council of the Town of Fountain Hills (the "Town
Council") adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Town of
Fountain Hills Zoning Ordinance (the "Zoning Ordinance"); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to provide
regulations for fractional ownership, interim ownership and time share projects; and
WHEREAS, pursuant to Axrz. REV. STAT. § 9-462.04, public hearings were advertised
in the December 21, 2005 and December 28, 2005, editions of The Times of Fountain Hills and
Rio Verde; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission (the "Commission") on February 23, 2006 and by the Town Council on March 16,
2006; and
WHEREAS, the Commission recommended approval of this Ordinance by a vote of 6-1
on February 23, 2006.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Town of Fountain Hills Zoning Ordinance, Chapter 1,
Introduction, Section 1.12, Definitions, is hereby amended by adding the following:
Fractional Ownership Interest: A contractual right of occupancy in a Fractional
Ownership Project, whether by membership, agreement, share, tenancy in common, sale,
deed, license, right-to-use agreement or otherwise, where such right is divided into
eleven (11) or more undivided interests, whether or not such interest is coupled with an
estate in real property, where a purchaser, in exchange for consideration, receives a right
to use a portion of a Fractional Ownership Project for a period of time less than six
months during any given year. Fractional Ownership Interest shall include interests
otherwise knowdas "Interval Ownership" or"Time Share Ownership."
Fractional Ownership Project: A project consisting of any dwelling unit, hotel, lot or
parcel in which a purchaser receives a Fractional Ownership Interest.
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SECTION 2. That the Town of Fountain Hills Zoning Ordinance, Chapter 5, General
Provisions, is hereby amended by adding a new Section 5.22, Prohibition of Fractional
Ownership Projects, as follows:
Section 5.22 Prohibition of Fractional Ownership Projects.
Fractional Ownership Projects are hereby prohibited within any zoning district other than
the Lodging Zoning Districts (L-1, L-2 and L-3), as set forth in Section 16.02(A)(4).
SECTION 3. That the Town of Fountain Hills Zoning Ordinance, Chapter 16, Lodging
Zoning District, Section 16.02, Permitted Uses, is hereby amended by adding the following:
A. Uses Permitted in the L-1, L-2 and L-3 Zoning Districts.
4. Fractional Ownership Projects, provided that no signage shall be permitted
that identifies an individual dwelling unit as a Fraction Ownership unit.
SECTION 4. That if any provision or any portion of any provision of this Ordinance is
for any,reason held to be unconstitutional or otherwise unenforceable by a court of competent
takir jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent
of the remaining provisions of this Ordinance and shall be severed therefrom without affecting
the validity of the remaining portions of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, March 16, 2006.
FOR THE TO OF FOUN IN HILLS: ATTESTED TO:
W. . ichols M or Bevelyn J. Bend , To Clerk
REVIEWED B APP ED AS TO FORM:
Timothy . Pickering, Town Manager Andrew J. McGuire, Town Attorney
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