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HomeMy WebLinkAboutOrd 2019-15 ORDINANCE NO. 19-15 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 2, MAYOR AND COUNCIL, BY REMOVING ARTICLE 2-7, PLANNING AND ZONING COMMISSION, AND ARTICLE 2-8, BOARD OF ADJUSTMENT; AND ADDING A NEW CHAPTER 2A, BOARDS AND COMMISSIONS, THERETO RECITALS: WHEREAS, the Mayor and Town Council wish to bring consistency and transparency to the boards and commissions of the Town of Fountain Hills; and WHEREAS, the Mayor and Town Council wish to add a new chapter to the Town Code in which all boards and commissions previously established by ordinances and resolutions will be listed and by which all such boards and commissions shall henceforth be governed. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. Chapter 2 of the Town Code, Mayor and Council, is amended as follows: Article 2 7 Planning and ZoningGomrnmrrissi n—RESERVED Articic 2-8 Board of Adjustment RESERVED SECTION 2. A new chapter, 2A, Boards and Commissions, is hereby added to the Fountain Hills Town Code, as outlined in Exhibit A attached hereto and made a part hereof. SECTION 3. If any section, subsection, clause, phrase or portion of this Ordinance is for any reason held 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 Council of the Town of Fountain Hills, this 3rd day of September, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: C 6 ' d 'Z'e.2,_- e, own Cler Ginn Dicky, Mayor ,4/L_ Aithe.„ Elizabe urke, o REVIEWED BY: APPRO D AS TO FORM: ot),tAA--, ---/61( -01,---4-', --,.- Th----, Grady E. Mille , T n Manager Aaron D. Arnson, Town Attorney r ORDINANCE 19-15 PAGE 2 EXHIBIT 'A' Chapter 2A BOARDS AND COMMISSIONS Articles: 2A-1 General 2A-2 Board of Adjustment 2A-3 Community Services Advisory Commission 2A-4 McDowell Mountain Preservation Commission 2A-5 Planning and Zoning Commission 2A-6 Sister Cities Advisory Commission 2A-7 Strategic Plan Advisory Commission ORDINANCE 19-15 PAGE 3 Article 2A-1 General Sections: 2A-1-1 Membership 2A-1-2 Officers 2A-1-3 Meetings; Rules; Minutes 2A-1-4 Conduct of Business Section 2A-1-1 Membership A. Each board or commission member shall serve for a term as set forth in this Code, provided, however, that a member's term shall automatically extend until such time as the member's successor is appointed. B. Members shall serve at the will and pleasure of the Council and may be removed upon notice and opportunity for a hearing, and the decision of the Council shall be final Three successive unexcused or unexplained absences from any regular or special meeting of the board or commission shall result in automatic removal without the necessity of a hearing or notice and such action shall be final. C. All board and commission members shall serve without pay. However, members may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the board or commission and approval of such expenditures by the Council. D. All board and commission members shall be residents of the Town. Section 2A-1-2 Officers Members of each board and commission shall elect a chair and vice chair from among its own members. Each chair and vice chair shall serve for one year and until such time as a successor is elected. The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The vice chair shall perform the duties of the chair in the chair's absence or disability. Vacancies created by any cause shall be filled for the unexpired term by a new election. Section 2A-1-3 Meetings; Rules; Minutes All meetings of the boards and commissions shall be open to the public in accordance with state law. The Council shall provide rules of procedure for the boards and commissions relating to the conduct of its members and its meetings.The minutes of all boards and commissions proceedings shall be filed in the office of the Town Clerk. ORDINANCE 19-15 PAGE 4 Section 2A-1-4 Conduct of Business The affirmative vote of a majority of members present shall be required for passage of any matter before the board or commission. The minutes of each meeting shall reflect the "ayes" and "nays" cast on a particular measure and shall reflect the vote of each member present. A member may abstain from voting only upon a declaration that he or she has a conflict of interest, in which case such member shall take no part in the deliberations on the matter in question. ORDINANCE 19-15 PAGE 5 Article 2A-2 Board of Adjustment Sections: Section 2A-2-1 Creation Section 2A-2-2 Membership Section 2A-2-3 Quorum Section 2A-2-4 Duties Section 2A-2-5 Nonconforming Use Section 2A-2-6 Variances Section 2A-2-7 Limitation of Authority Section 2A-2-8 Appeals Section 2A-2-9 Filing Fees for Appeals Section 2A-2-1 Creation The Board of Adjustment of the Town of Fountain Hills is hereby established. Section 2A-2-2 Membership The Board of Adjustment shall be composed of a total of five members appointed by the Mayor, subject to the approval of the Council. These appointments shall be for a period of three years each, with the terms of members staggered such that the terms of no more than two members shall expire in any one year. Section 2A-2-3 Quorum Three members shall constitute a quorum of the Board of Adjustment. Section 2A-2-4 Duties A. It shall be the duty of the Board of Adjustment to hear appeals concerning the interpretation or administration of the zoning code made by the zoning administrator. The Board may reverse, affirm, wholly or partially or modify the order, requirement or decision of the zoning administrator appealed from, and make such order, requirement, decision or determination as necessary. B. It shall be the duty of the Board of Adjustment to hear and decide appeals for variances from the terms of the zoning code only, if because of special circumstances applicable to the subject property, including its size, shape, topography, location or surroundings, the strict application of the zoning code will deprive such property owner of privileges enjoyed by owners of other property of the same classification in the zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located. ORDINANCE 19-15 PAGE 6 C. The Board of Adjustment may not: 1. Make any changes in the uses permitted in any zoning classification or zoning district, make any changes in the terms of the zoning code or make changes to the zoning map; provided the restriction in this paragraph shall not affect the authority to grant variances pursuant to this Article. 2. Grant a variance if the special circumstances applicable to the property are self- imposed by the property owner. Section 2A-2-5 Nonconforming Use No nonconforming use or violations of this Article with respect to neighboring lands, structures or buildings in the same zoning district, and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for granting a variance. Section 2A-2-6 Variances Every variance shall be personal to the applicant and shall run with the land only after completion of any structure or structures authorized thereby. Section 2A-2-7 Limitation of Authority Nothing herein contained shall be construed to empower the Board to authorize uses which violate any other Town code or ordinance, to effect changes in the zoning map or to add to or change the uses permitted in any zoning district. Section 2A-2-8 Appeals The decision of the Board shall be final; provided, however, that any person aggrieved by a decision of the Board may, at any time within 30 days after the filing of the decision in the office of the Development Services Department, file a special action in the nature of certiorari with the Arizona Superior Court in and for Maricopa County for review of the Board's decision. Allowance of the writ shall not stay proceedings upon the decision appealed from, unless the court shall grant a restraining order. Section 2A-2-9 Filing Fees for Appeals A. Upon filing an application for appeal, the appellant shall pay a filing fee in an amount established by a schedule adopted by the Council as part of the Town's annual budget or by separate resolution. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the petitioner is a town, city, county, state or federal government. B. In the case of an appeal for a variance to more than one provision of the zoning code, the filing fee shall equal the total amount chargeable for all provisions as prescribed by the fee schedule. ORDINANCE 19-15 PAGE 7 Article 2A-3 Community Services Advisory Committee Sections: Section 2A-3-1 Creation Section 2A-3-2 Membership Section 2A-3-3 Quorum Section 2A-3-4 Duties Section 2A-3-1 Creation The Community Services Advisory Commission is hereby established. Section 2A-3-2 Membership The Community Services Advisory Commission shall be composed of a total of seven members appointed by the Mayor, subject to the approval of the Council, one of which shall be a youth member.These appointments shall be for a period of three years each, with the terms of members staggered such that the terms of no more than three members shall expire in any one year, with the exception of the youth member (a high school student) whose term shall begin on September 1 of each year and end on June 30 of the following year. Section 2A-3-3 Quorum Four members shall constitute a quorum of the Community Services Advisory Commission. Section 2A-3-4 Duties The Commission shall have the following duties: A. Act in advisory capacity to the Town Council, Town Manager and Community Services Director in matters pertaining to the Community Services Department. B. Consider provisions of the annual Community Services Department budget during the process of the preparation of the budget and make recommendations with respect thereto to the Community Services Director. C. Assist in the planning of educational and recreational programs for the residents of the Town and promote and stimulate public interest therein. D. Perform such other duties not inconsistent with this Article as may be requested by the Town Council, Town Manager or Community Services Director. ORDINANCE 19-15 PAGE 8 Article 2A-4 McDowell Mountain Preservation Commission Sections: Section 2A-4-1 Creation Section 2A-4-2 Membership Section 2A-4-3 Quorum Section 2A-4-4 Duties Section 2A-4-1 Creation The McDowell Mountain Preservation Commission is hereby established. Section 2A-4-2 Membership The McDowell Mountain Preservation Commission shall be composed of a total of seven members appointed by the Mayor, subject to the approval of the Council. These appointments shall be for a period of three years each, with the terms of members staggered such that the terms of no more than three members shall expire in any one year. Section 2A-4-3 Quorum Four members shall constitute a quorum of the McDowell Mountain Preservation Commission. Section 2A-4-4 Duties The Commission shall have the following duties: A. Act in advisory capacity to the Town Council, Town Manager and Community Services Director in all matters pertaining to the McDowell Mountain Preserve. B. Act as liaison between the Town Council and the Sonoran Conservancy. C. Consider provisions of the Town's annual budget for Commission purposes during the process of the preparation of the budget and make recommendations with respect thereto to the Community Services Director. . D. Assist in the planning of programs for the citizens of the Town and promote and stimulate public interest in the McDowell Mountain Preserve. E. Advise the Community Services Director with respect to the acceptance of money, personal property or real estate donated or offered to the Town for McDowell Mountain preservation purposes. ORDINANCE 19-15 PAGE 9 F. Perform such other duties not inconsistent with these as may be requested by the Town Council. ORDINANCE 19-15 PAGE 10 Article 2A-5 Planning and Zoning Commission Sections: 2A-5-1 Creation 2A-5-2 Membership 2A-5-3 Quorum 2A-5-4 Duties Section 2A-5-1 Creation of the Planning and Zoning Commission The Planning and Zoning Commission is hereby established. Section 2A-5-2 Membership The Planning and Zoning Commission shall be composed of a total of seven members. The members of the Commission shall be appointed by the Mayor, subject to the approval of the Council. These appointments shall be for a period of three years each, with the terms of members staggered such that the terms of no more than three members shall expire in any one year. Section 2A-5-3 Quorum Four members shall constitute a quorum of the Planning and Zoning Commission. Section 2A-5-3 Duties The Commission shall have the following duties: 1. Formulate and administer any lawful plan duly adopted by the Council for growth and development. 2. Make or cause to be made a continuous study of the best and future use to which land and buildings shall be put within the Town of Fountain Hills. 3. Recommend to the Council revisions in such plans that, in the opinion of the Commission, are in the best interest of the citizens of the Town of Fountain Hills. 4. Hold public hearings when necessary or when required by law. 5. Make recommendations to the Council on all matters concerning or relating to the creation of Zoning Ordinances, the boundaries thereof, the appropriate regulations to be enforced therein, and amendments of the Town of Fountain Hills Zoning Ordinance. ORDINANCE 19-15 PAGE 11 6. Carry out the specific duties as prescribed by this Code, including Chapter 17, the Town of Fountain Hills Zoning Ordinance. 7. Undertake all activities usually associated therewith and commonly known as "planning and zoning;" provided, however, that Commission members shall not interfere with, or participate in, the administrative duties of the Town's Development Services Department. 8. To confer and advise with other town, county, regional, or state planning agencies and commissions. ORDINANCE 19-15 PAGE 12 Article 2A-6 Sister Cities Advisory Commission Sections: Section 2A-6-1 Creation Section 2A-6-2 Membership Section 2A-6-3 Quorum Section 2A-6-4 Duties Section 2A-6-1 Creation The Sister Cities Advisory Commission is hereby established. Section 2A-6-2 Membership The Sister Cities Advisory Commission shall be composed of a total of seven members appointed by the Mayor, subject to the approval of the Council, with three of these members being officers or board members from the Fountain Hills Sister Cities Corporation. These appointments shall be for a period of three years each, with the terms of members staggered such that the terms of no more than three members shall expire in any one year. Section 2A-6-3 Quorum Four members shall constitute a quorum of the Sister Cities Advisory Commission. Section 2A-6-4 Duties The Commission shall have the following duties: A. Recommend the selection of cities to the Town Council for the development of municipal partnerships. B. Assist the Fountain Hills Sister Cities Corporation in hosting receptions and events for visiting delegations and official from current or prospective sister cities. C. Recommend to the Town Council events, opportunities, programs and projects to develop a community partnership with designated sister cities and to provide a forum for citizens to experience such community partnerships. D. Recommend to the Town Council guidelines for reciprocal cultural, educational, municipal, business, professional and technical exchanges and projects with designated sister cities. ORDINANCE 19-15 PAGE 13 E. Recommend to the Town Council agreements with other governmental and nongovernmental organizations to collaborate on promoting cultural understanding and stimulating economic development. F. Such other powers and duties not inconsistent with these as may be directed by the Town Council. ORDINANCE 19-15 PAGE 14 Article 2A-7 Strategic Planning Advisory Commission Sections: Section 2A-7-1 Creation Section 2A-7-2 Membership Section 2A-7-3 Quorum Section 2A-7-4 Duties Section 2A-7-1 Creation The Strategic Planning Advisory Commission is hereby established. Section 2A-7-2 Membership The Strategic Planning Advisory Commission shall be composed of a total of seven members appointed by the Mayor, subject to the approval of the Council. These appointments shall be for a period of three years each, with the terms of members staggered such that the terms of no more than three members shall expire in any one year. Section 2A-7-3 Quorum Four members shall constitute a quorum of the Strategic Planning Advisory Commission. Section 2A-7-4 Duties The Commission shall have the following duties: A. Champion the Town's Strategic Plan to keep it visible for the Town Council, staff, citizens and media. B. Act in an advisory capacity to the Town Council and Town Manager in matters pertaining to the Town's Strategic Plan. C. Provide a copy of the Strategic Plan to all Fountain Hills Town candidates for public office and educate newly-elected and appointed officials about the Strategic Plan. D. Monitor the Strategic Plan's implementation and ensure its long-term legitimacy. E. Update the Strategic Plan at least once every five years dependent on appropriations by the Town Council. F. Make recommendations with respect to the implementation of the Strategic Plan to the Town Manager. ORDINANCE 19-15 PAGE 15 G. Develop partnerships to help implement adopted strategic initiatives. H. Meet annually with the Town Council to assess progress of the Strategic Plan. Host public dialogue about new strategic initiatives to consider for the next five-year strategic plan. J. Write brief periodic Strategic Plan progress reports. K. Perform such other duties not inconsistent with these as may be requested by the Town Council.