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ORDINANCE NO. 06-27
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 1, INTRODUCTION,TO REMOVE
PROVISIONS THEREIN RELATING TO PLANNING AND ZONING FEES
AND THE POWERS AND DUTIES OF THE PLANNING AND ZONING
COMMISSION AND THE BOARD OF ADJUSTMENT.
WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22 on
November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the
"Zoning Ordinance"); and
WHEREAS, the Mayor and Town Council of the Town of Fountain Hills (the "Town
Council") desires to amend the Zoning Ordinance to revise portions of Chapter 1 to remove the
provisions relating to planning and zoning fees, the Fountain Hills Planning and Zoning
Commission (the "Commission") and the Board of Adjustment (the "Board") to remove
inconsistencies with similar provisions in the Town Code; and
WHEREAS, the Town Council desires, by separate ordinance, to amend the Town Code
to incorporate all of the non-conflicting provisions deleted from the Zoning Ordinance; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz. REV. STAT.
§ 9-462.04, public hearings regarding this Ordinance were advertised in the October 18, 2006
edition of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Commission on November 9, 2006, and
by the Mayor and Council of the Town of Fountain Hills on December 7, 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 1.05, Council to Establish Fees, is hereby amended as follows:
Section 1.05 Council to Establish Fees.
The Common Council of the Town of Fountain Hills may from time to time establish and
set b.f fesokitien the amount of charges for all planning and zoning applications within
the jurisdiction of the Town of Fountain Hills EITHER BY INCLUSION OF SUCH
CHARGES IN THE TOWN'S ANNUAL BUDGET OR BY SEPARATE
RESOLUTION.
SECTION 2. That the Town of Fountain Hills Zoning Ordinance, Chapter 1,
Introduction, Section 1.06, Planning and Zoning Commission, is hereby deleted in its entirety
and replaced with the following:
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Section 1.06 Planning and Zoning Commission.
There shall be a Planning and Zoning Commission for the Town of Fountain Hills, with
membership, powers, duties and responsibilities as set forth in article 2-7 of the Town
Code, as amended.
SECTION 3. That the Town of Fountain Hills Zoning Ordinance, Chapter 1,
Introduction, Section 1.07, Board of Adjustment, is hereby deleted in its entirety and replaced
with the following:
Section 1.07 Board of Adjustment.
There shall be a Board of Adjustment for the Town of Fountain Hills, with membership,
powers, duties and responsibilities as set forth in article 2-8 of the Town Code, as
amended.
SECTION 4. That if any portion of any provision of this Ordinance is for any reason held
to be unconstitutional or otherwise unenforceable by a court of competent 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, Decemb r 7, 2006.
FOR THE T N OF FOUNTAIN HILLS ATTESTED TO:
. J. is o , ayor Bevelyn J. B der own Clerk
REVI BY: AP ROVED AS TO FORM:
c• )(A
Timothy G. Pickering, Town nager Andrew J. McGuire,Town Attorney
688449.1
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