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HomeMy WebLinkAboutRes 2012-321849497.6 DECEMBER 20, 2012 AMENDMENTS TO CHAPTER 2 OF THE TOWN CODE Fountain Hills Town Code 1849497.6 Page 1 of 19 Chapter 2 MAYOR AND COUNCIL Articles: 2-1 COUNCIL 2-2 MAYOR 2-3 COUNCIL ELECTION 2-4 COUNCIL PROCEDURE 2-5 ORDINANCES, RESOLUTIONS AND CONTRACTS 2-6 INITIATIVE AND REFERENDUM 2-7 PLANNING AND ZONING COMMISSION 2-8 BOARD OF ADJUSTMENT 2-9 QUALIFIED ELECTORS AND PETITION CIRCULATORS Fountain Hills Town Code 1849497.6 Page 2 of 19 Article 2-1 COUNCIL Sections: 2-1-1 Elected Officers 2-1-2 Corporate Powers 2-1-3 Assumption of Duties 2-1-4 Vacancies in Council 2-1-5 Compensation 2-1-6 Oath of Office 2-1-7 Bond 2-1-8 Financial Disclosure Statement 2-1-9 Prohibition on Holding Appointive Town Office Section 2-1-1 Elected Officers A. The elected officers of the Town shall be a Mayor and six Councilmembers. The Mayor and Councilmembers shall constitute the Council and shall continue in office until assumption of duties of office by their duly elected or appointed successors, as set forth in Sections 2-1-3 and 2- 1-4 of this Article. B. The term of office of the Mayor shall be two years. C. Councilmembers shall serve four-year, overlapping terms. (99-02, Amended, 01/21/1999) Section 2-1-2 Corporate Powers The corporate powers of the Town shall be vested in the Council and shall be exercised only as directed or authorized by law. All powers of the Council shall be exercised by ordinance, resolution, order or motion. Section 2-1-3 Assumption of Duties Councilmembers shall assume the duties of office at the first regularly scheduled Council meeting in December following the election at which the Councilmembers were elected. (99-02, Amended, 01/21/1999) Section 2-1-4 Vacancies in Council A. The Council shall fill any vacancy that may occur in the Council by any method provided by ARIZ. REV. STAT. § 9-235, as amended. B. In the case of a vacancy that may occur in the Office of the Mayor, the Council shall appoint, from the remaining Councilmembers, one person to serve as Mayor for the remainder of the Mayor's term. The Council shall then fill, in the manner set forth in Subsection 2 -1-4(A) above, the vacancy in the Council that was created by appointing a Councilmember to serve as Mayor. Fountain Hills Town Code 1849497.6 Page 3 of 19 C. All vacancies shall be filled in a reasonable period of time from the occurrence of the vacancy. (Ordinance 09-14, Amended, 11/05/2009) Section 2-1-5 Compensation The compensation paid to the Mayor and Council for service in office shall be fixed from time to time by resolution of the Council. Section 2-1-6 Oath of Office Prior to assumption of the duties of office, the Mayor and each Councilmember shall take and subscribe to the oath of office and review and acknowledge the Council’s Rules of Procedure. Section 2-1-7 Bond Unless a blanket bond or other equivalent coverage is provided by the Town, prior to taking office, the Mayor and every Councilmember shall execute and file an official bond, enforceable against the principal and his sureties, conditioned on the due and faithful performance of his official duties, payable to the state and to and for the use and benefit of the Town or any person who may be injured or aggrieved by the wrongful act or default of such officer in his official capacity. Bonds shall be in such sum as set forth in ARIZ. REV. STAT. § 38-251, et seq., as amended, and the premium for such bonds shall be paid by the Town. Section 2-1-8 Financial Disclosure Statement Any person who qualified as a public officer at any time during the preceding calendar year shall file by January 31 of each year, on a form prescribed by law, a financial disclosure statement setting forth such information as required by ARIZ. REV. STAT. § 38-542, as amended. Section 2-1-9 Prohibition on Holding Appointive Town Office No Councilmember shall hold any compensated appointive Town office or employment until one year after the expiration of the term for which he was elected or appointed to the Council. Fountain Hills Town Code 1849497.6 Page 4 of 19 Article 2-2 MAYOR Sections: 2-2-1 Selection of Mayor 2-2-2 Vice Mayor 2-2-3 Acting Mayor 2-2-4 Powers and Duties of the Mayor 2-2-5 Absence of Mayor 2-2-6 Failure to Sign Documents Section 2-2-1 Selection of Mayor The Mayor shall be directly elected by the qualified electors of the Town. Section 2-2-2 Vice Mayor Each member of the Council, except the Mayor, shall serve an eight month term as Vice Mayor. Terms as Vice Mayor shall be determined such that every elected Councilmember serves as Vice Mayor during the member’s elected term unless the Councilmember vacates his office for any reason prior to serving as Vice Mayor. During the years of 2014, 2015 and 2016, Vice Mayor terms may be extended beyond eight months to allow for adjustments to the Town’s election cycles as required by ARIZ. REV. STAT. § 16-204. The Vice Mayor shall perform the duties of the Mayor during the Mayor’s absence or disability. (99-02, Amended, 01/21/1999) Section 2-2-3 Acting Mayor In the absence or disability of both the Mayor and Vice Mayor, the Council may designate another of its members to serve as Acting Mayor who shall have all the powers, duties and responsibilities of the Mayor during such absence or disability. Section 2-2-4 Powers and Duties of the Mayor The powers and duties of the Mayor shall include the following: A. He shall be the chief executive officer of the Town. B. He shall be the chairman of the Council and preside over its meetings. He may make and second motions and shall have a voice and vote in all its proceedings. C. He shall enforce the provisions of this Code. D. He shall execute and authenticate by his signature such instruments as required by act of the Council or any applicable statute, regulation, ordinance or this Code. E. He shall make such recommendations and suggestions to the Council as considered proper. Fountain Hills Town Code 1849497.6 Page 5 of 19 F. He may, by proclamation, declare a local emergency to exist due to fire, conflagration, flood, earthquake, explosion, war, bombing or any other natural or man-made calamity or disaster or in the event of the threat or occurrence of riot, rout or affray or other acts of civil disobedience which endanger life or property within the Town. After declaration of such emergency, the Mayor shall govern by proclamation and impose all necessary regulations to prese rve the peace and order of the Town, including but not limited to: 1. Imposition of a curfew in all or any portion of the Town. 2. Ordering the closing of any business. 3. Denying public access to any public building, street or other public place. 4. Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance. G. He shall perform such other duties required by applicable law and this Code as well as those duties required as chief executive officer of the Town. Section 2-2-5 Absence of Mayor The Mayor shall not be absent from the Town for a period longer than two consecutive weeks without having first given proper notice to the Council. Section 2-2-6 Failure to Sign Documents If the Mayor refuses or fails to sign any ordinance, resolution, contract, warrant, demand or other document or instrument requiring his signature for any period of five days, then a majority of the members of the Council may, at any regular or special meeting, authorize the Vice Mayor or, in his absence, an Acting Mayor to sign such ordinance, resolution, contract, warrant, demand or other document or instrument, which when so signed shall have the same force and effect as if signed by the Mayor. Fountain Hills Town Code 1849497.6 Page 6 of 19 Article 2-3 ELECTIONS Sections: 2-3-1 Consolidated Election Dates 2-3-2 Primary Election 2-3-3 Non-Partisan Ballot 2-3-4 General Election Nomination 2-3-5 Candidate Financial Disclosure 2-3-6 Mail Ballot Election Section 2-3-1 Consolidated Election Dates All elections shall be held as pursuant to ARIZ. REV. STAT. § 16-204, as amended. Section 2-3-2 Primary Election Any candidate who shall receive at the primary election a majority of all the votes cast shall be declared to be elected to the office for which he is a candidate effective as of the date of the general election, and no further election shall be held as to said candidate. If more candidates receive a majority than there are offices to be filled, then those candidates equal in number to the offices to be filled who have received the highest number of votes shall be declared elected. Section 2-3-3 Non-Partisan Ballot Elections shall be non-partisan and nothing on the ballot in any election shall be indicative of the support of a candidate. Candidates’ names shall appear on the ballot pursuant to the procedure set forth in ARIZ. REV. STAT. § 16-464, as amended. Section 2-3-4 General Election Nomination If at any primary election held as above provided there be any office for which no candidate is elected, then as to such office, the primary election shall be considered to be a primary election for nomination of candidates for such office, and the general municipal election shall be held to vote for candidates to fill such office. Candidates to be placed on the ballot at the general municipal election shall be (A) those not elected at the primary election who received the highest number of votes and (B) be equal in number to twice the number to be elected to any given office or less than that number if there be less than that number named on the primary election ballot. Persons who receive the highest number of votes for the respective offices at such first election shall be the only candidates at such second election, provided that if there be any person who, under the provisions of this Article, would have been entitled to become a candidate for any office except for the fact that some other candidate r eceived an equal number of votes therefore, then all such persons receiving an equal number of votes shall likewise become candidates for such office. Fountain Hills Town Code 1849497.6 Page 7 of 19 Section 2-3-5 Candidate Financial Disclosure Pursuant to ARIZ. REV. STAT. § 38-543, as amended, each candidate for the office of Councilmember shall file a financial disclosure statement on a form prescribed by law when such candidate files a nomination paper. The statement shall contain such information as required by law. Section 2-3-6 Mail Ballot Election The Town Clerk shall conduct all primary, general and special elections exclusively using mail ballots in accordance with ARIZ. REV. STAT. § 16-409, as amended. (Ord. 11-07, Added, 01/20/2011) Fountain Hills Town Code 1849497.6 Page 8 of 19 Article 2-4 COUNCIL PROCEDURE Sections: 2-4-1 Council Rules of Procedure 2-4-2 Boards, Committees and Commissions 2-4-3 Posting Notice of Meetings Section 2-4-1 Council Rules of Procedure The Council shall adopt such procedural rules as it deems appropriate. (03-17, Amended, 08/07/2003) Section 2-4-2 Boards, Committees and Commissions The Council may create such boards, committees and commissions, standing or special, as it deems necessary. They shall consist of as many members and shall perform such duties as the Council may require. All members shall serve at the pleasure of the Council. Immediately prior to assumption of the duties of office, each appointee shall take and subscribe to the oath of office and acknowledge that he is subject to the terms and conditions of the Council Rules of Procedure. Pursuant to ARIZ. REV. STAT. § 38-232, as amended, the oath of office shall be administered prior to the first regular or special meeting that the appointee attends. (03-17, Amended, 08/07/2003) Section 2-4-3 Posting Notice of Meetings Public notice of the meetings of the Council shall be posted in the following places: A. Fountain Hills Community Center 13001 N. La Montana Drive Fountain Hills, Arizona B. Town of Fountain Hills Website www.fh.az.gov C. Fountain Hills Town Hall 16705 E. Avenue of the Fountains Fountain Hills, Arizona (06-24, Amended, 10/19/2006; 05-04, Amended, 06/02/2005; 03-17, Renumbered, 08/07/2003, Was previously Section 2-4-11; 01-22, Amended, 12/10/2001) Fountain Hills Town Code 1849497.6 Page 9 of 19 Article 2-5 ORDINANCES, RESOLUTIONS AND CONTRACTS Sections: 2-5-1 Prior Approval 2-5-2 Introduction 2-5-3 Reading of Ordinances 2-5-4 Requirements for an Ordinance 2-5-5 Effective Date of Ordinances 2-5-6 Signatures Required 2-5-7 Publishing Required 2-5-8 Posting Required Section 2-5-1 Prior Approval All ordinances, resolutions and contract documents shall, before presentation to the Council, be reviewed by the Town Manager and, as to form, by the Town Attorney and shall, when there are substantive matters of administration involved, be referred to the person who is charged with the administration of the matters. Such person shall have an opportunity to present his comments, suggestions and objections, if any, prior to the passage of the ordinance, resolution or acceptance of the contract. Section 2-5-2 Introduction The Town manager, the Town Attorney or the Town Clerk may present ordinances, resolutions and other matters or subjects to the Council, and any member of the Council may assume sponsorship thereof by moving that such ordinance, resolution, matter or subject be adopted; otherwise, they shall not be considered. Section 2-5-3 Reading of Ordinances Prior to a vote on passage by the Council, all ordinances shall be read in full unless the Council has been provided with complete printed or electronic copies of said ordinance. (06-24, Amended, 10/19/2006) Section 2-5-4 Requirements for an Ordinance Each ordinance may have only one subject, the nature of which is clearly expressed in the title. Whenever possible, each ordinance shall be introduced as an amendment to this Code or to an existing ordinance and, in such case, the title of the sections to be amended shall be included in the ordinance. Section 2-5-5 Effective Date of Ordinances A. No ordinance shall become operative until 30 days after its passage by the Council and signature by the Mayor, except measures necessary for the immediate preservation of the peace, health or safety of the Town, but such an emergency measure shall not become immediately operative unless it states in a separate section the reason why it is necessary that it should become immediately operative, and unless it is approved by the affirmative vote of three-fourths of all the Fountain Hills Town Code 1849497.6 Page 10 of 19 members of the Council. B. In addition to the provisions of subsection A of this Section, the Town Clerk shall certify the minutes of any Council meeting at which an ordinance, resolution or franchise, except an emergency measure is passed. The 30-day period specified in subsection A of this section shall be calculated as set forth in ARIZ. REV. STAT. § 19-142, as amended. Section 2-5-6 Signatures Required Every ordinance passed by the Council shall, before it becomes effective, be signed by the Mayor and attested by the Town Clerk. Section 2-5-7 Publishing Required Only such ordinances, orders, resolutions, motions, regulations or proceedings of the Council shall be published as may be required by state law or expressly ordered by the Council. Section 2-5-8 Posting Required Every ordinance imposing any penalty, fine, forfeiture or other punishment shall, after passage, be posted by the Town Clerk in the locations designated in Section 2-4-3 of this Code and an affidavit of the person who posted the ordinance shall be filed in the office of the Town Clerk as proof of posting. Fountain Hills Town Code 1849497.6 Page 11 of 19 Article 2-6 INITIATIVE AND REFERENDUM Sections: 2-6-1 Power Reserved; Time of Election 2-6-2 Number of Signatures 2-6-3 Time of Filing 2-6-4 Sample Ballots and Publicity Pamphlets 2-6-5 Mail Ballot Election Section 2-6-1 Power Reserved; Time of Election A. There is reserved to the qualified electors of the Town the power of initiative and the referendum as prescribed by the state constitution, Arizona Revised Statutes and this Code. B. Any proper initiative matter shall be voted on by all qualified electors at the next ensuing Town primary or general election pursuant to Subsection 2-6-3(A) of this Code. C. That upon presentation of a certificate to the Council by the Town Clerk that all steps required by the Arizona Constitution and the State statutes concerning referendum have been complied with, the Council may call a special election on the matter referred no less than ninety days and no more than one hundred fifty days from the presentation of the certificate by the Town Clerk; provided that within that period of time there is no regularly scheduled Town primary or general election for which the referendum matters would otherwise qualify. D. The call of a special election for referendum matters shall be valid only upon the affirmative vote of four members of the Council voting on said request and call. Should the required number of votes to call the special election not be obtained then the referendum matter shall appear on the ballot at the next regular Town primary or general election. E. If a special election on a referendum matter is called for by the Council pursuant to subsection D of this section, then in addition to all other notices required by law, the Town Clerk shall notify the person or organization that requested the referendum petition of the Council decision by first class mail, postage prepaid at the address shown upon the request for referendum petition number. Section 2-6-2 Number of Signatures A. The total number of electors qualified to vote at the last Town election, whether regular or special, immediately preceding the date upon which any initiative petition is filed, shall be the basis for computing the number of signatures of qualified electors of the Town required to file an initiative petition. B. The basis for computing the number of signatures of qualified electors of the Town required to file a referendum petition shall be as determined by state law. Fountain Hills Town Code 1849497.6 Page 12 of 19 Section 2-6-3 Time of Filing A. Initiative petitions shall be filed at least 120 days prior to the election at which they are to be voted upon. B. Referendum petitions shall be filed within the time period set forth in ARIZ. REV. STAT. § 19-142, as amended. Section 2-6-4 Sample Ballots and Publicity Pamphlets The following procedures relating to sample ballots and publicity pamphlets are hereb y adopted for conducting elections at which an initiative or referendum is to be voted upon: A. A publicity pamphlet, containing the entire text of the official ballot, shall be mailed by the Town Clerk to each household within the Town in which a registered voter resides, not less than the minimum number of days prior to the election to which the sample ballot pertains, as required by state law. B. The pamphlet shall contain the proposition as it will appear on the ballot together with a summary of each proposition. Each summary shall be followed by any arguments supporting the proposition followed by any arguments opposing the proposition. Arguments submitted by the person filing the initiative or referendum shall appear first. The remaining arguments shall be placed in the order in which they were filed. C. Arguments supporting and opposing propositions appearing on the ballot shall be filed with the office of the Town Clerk by 5:00 p.m. not less than the minimum number of days prior to the election at which the propositions are to be voted upon, as required by state law. If time does not permit compliance with the deadline, the Town Clerk may establish a separate deadline for filing referendum ballot arguments. Arguments supporting or opposing propositions appearing on the ballot shall meet the following requirements: 1. Arguments must relate to the propositions proposed by initiative or referred by referendum which will appear on the ballot. 2. Arguments must identify the proposition to which they refer and indicate whether the argument is in support of or in opposition to the proposition. 3. Arguments may not exceed three hundred words in length. 4. Arguments must contain the original notarized signature of each person sponsoring it. Arguments submitted by organizations shall be signed by two executive officers of the organization, or if the argument is sponsored by a political committee it must be signed by the committee's chairman or treasurer. All persons signing documents shall ind icate their residence or post office address and a telephone number, which information shall not appear in the publicity pamphlet. 5. No person or organization shall submit more than one argument for each proposition to be voted upon. Fountain Hills Town Code 1849497.6 Page 13 of 19 6. Each argument shall be accompanied by a payment in the amount established by the Council, either as part of the Town’s annual budget or by separate resolution, to offset proportional costs of printing. This requirement shall not be waived on any account. (11-07, Amended, 01/20/2011) Section 2-6-5 Mail Ballot Election The Town Clerk shall conduct all initiative and referendum elections, whether on the date of primary, general or special election, exclusively using mail ballots in accordance with ARIZ. REV. STAT. § 16-409, as amended. (11-07, Added, 01/20/2011) Fountain Hills Town Code 1849497.6 Page 14 of 19 Article 2-7 PLANNING AND ZONING COMMISSION Sections: 2-7-1 Creation 2-7-2 Membership 2-7-3 Officers 2-7-4 Duties 2-7-5 Meetings; Rules; Minutes 2-7-6 Conduct of Business 2-7-7 Fees Section 2-7-1 Creation The Planning and Zoning Commission of the Town of Fountain Hills is hereby established. Section 2-7-2 Membership A. The Planning and Zoning Commission shall be composed of a total of seven members who shall be residents of the town. 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 two years each, with the terms of members staggered such that the terms of no more than four members shall expire in any one year. All members shall be appointed for full two year terms, except that in the event of death or resignation of a member, the vacancy may be filled for the unexpired term. The terms of all members shall extend until their successors are appointed and qualified. Members shall serve at the will and pleasure of the Council. However, three successive unexcused or unexplained absences from any regular or special meeting shall result in automatic removal without the necessity of a hearing or notice and such action shall be final. B. All members shall serve without pay. However, members of said Commission may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the Commission and approval of such expenditures by the Council. (Ordinance 06-30, Amended, 12/07/2006) Section 2-7-3 Officers The Commission shall elect a chair and vice-chair from among its own members, who shall serve for one year and until their successors are elected and qualified. 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. (Ordinance 06-30, Amended, 12/07/2006) Fountain Hills Town Code 1849497.6 Page 15 of 19 Section 2-7-4 Duties It shall be the duty of the Commission: 1. To formulate and administer any lawful plan duly adopted by the Council for growth and development. 2. To 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. To recommend to the Council revisions in such plans that, in the opinion of the Commissio n, are in the best interest of the citizens of the Town of Fountain Hills. 4. To hold public hearings when necessary or when required by law. 5. To 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. 6. To carry out the specific duties as prescribed by this Code and the Town of Fountain Hills Zoning Ordinance. 7. To 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 Planning and Zoning Division. 8. To confer and advise with other town, county, regional, or state planning agencies and commissions. (Ordinance 06-30, Amended, 12/07/2006) Section 2-7-5 Meetings; Rules; Minutes All meetings of the Commission shall be open to the public in accordance with state law. The Council shall provide rules of procedure for the Commission relating to the conduct of its members and its meetings. The minutes of all Commission proceedings shall be filed in the office of the Town Clerk. (Ordinance 06-30, Amended, 12/07/2006) Section 2-7-6 Conduct of Business Four members shall constitute a quorum. The affirmative vote of a majority of a quorum shall be required for passage of any matter before the Commission. In this connection, the minutes of the meetings 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 06-30, Amended, 12/07/2006) Section 2-7-7 Fees The Council shall be authorized to establish a uniform schedule of fees for services relating to Planning and Zoning, either as part of its adoption of the Town's annual budget or by separate resolution. Fountain Hills Town Code 1849497.6 Page 16 of 19 (Ordinance 06-30, Amended, 12/07/2006) Article 2-8 BOARD OF ADJUSTMENT Sections: 2-8-1 Creation 2-8-2 Membership 2-8-3 Officers 2-8-4 Duties 2-8-5 Nonconforming Use 2-8-6 Variances 2-8-7 Limitation of Authority 2-8-8 Appeals 2-8-9 Filing Fees for Appeals 2-8-10 Meetings 2-8-11 Conduct of Business Section 2-8-1 Creation The Board of Adjustment of the Town of Fountain Hills is hereby established. Section 2-8-2 Membership A. The Board of Adjustment shall be composed of a total of five members who shall be residents of the Town. The members of the Board shall be appointed by the Mayor, subject to the approval of the Council. These appointments shall be for a period of two years each, with the terms of members staggered such that the terms of no more than three members shall expire in any one year. All members shall be appointed for full two year terms, except that in the event of death or resignation of a member, the vacancy may be filled for the unexpired term. The term of all members shall extend until their successors are appointed and qualified. Members shall serve at the will and pleasure of the Council. However, three successive unexcused or unexplained absences from any regular or special meeting shall result in automatic removal without the necessity of a hearing or notice and such action shall be final. B. All members shall serve without pay. However, members of said Board may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the Board and approval of such expenditures by the Council. (Ordinance 06-30, Amended, 12/07/2006) Section 2-8-3 Officers The Board shall elect a chair and vice-chair from among its own members, who shall serve for one year and until their successors are elected and qualified. The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The chair shall have the power to administer oaths and to take evidence. 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. Fountain Hills Town Code 1849497.6 Page 17 of 19 Section 2-8-4 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. 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 2-8-5 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 2-8-6 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 2-8-7 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 2-8-8 Appeals The decision of the Board shall be final; provided, however, that any person aggrieved by a decision of Fountain Hills Town Code 1849497.6 Page 18 of 19 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 res training order. If a special action is brought for review of a matter in which the Board held a hearing which was not stenographically or electronically recorded, then upon request of any party to the special action or the court, the Board shall forthwith notice a hearing as herein provided for the purpose of causing a stenographic or electronic record to be made of the evidence presented by the parties. If evidence is presented at this hearing which is new or different from that originally presented, the same shall be noted in the record by the Board chair. Section 2-8-9 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 06-30, Amended, 12/07/2006) Section 2-8-10 Meetings The Board shall provide in its rules for its meetings; provided, however, that special meetings may be called by the chair, or in his or her absence the vice-chair. In addition, any three members of the Board may make written request to the chair of the Board for a special meeting and in the event such meeting is not called, such members may call a special meeting in such manner and form as may be provided in the Board rules. Section 2-8-11 Conduct of Business Three members shall constitute a quorum. The affirmative vote of a majority of a quoru m shall be required for passage of any matter before the Board. In this connection, the minutes of the meetings 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 statutory conflict of interest, in which case such member shall take no part in the deliberations on the matter in question. Fountain Hills Town Code 1849497.6 Page 19 of 19 Article 2-9 QUALIFIED ELECTORS AND PETITION CIRCULATORS Sections: 2-9-1 Qualified electors; definition 2-9-2 Petition circulators Section 2-9-1 Qualified electors; definition A. Every resident of the Town is qualified to register and vote in Town elections if he: 1. Is a citizen of the United States; 2. Will be eighteen (18) years of age or more on or before the date of the next Town election following registration; 3. Will have been a resident of the Town 29 days next preceding the date of the next Town election; 4. Is able to write his or her name, or make a mark, unless prevented from doing so by physical disability; 5. Has not been convicted of treason or a felony, unless restored to civil rights; and 6. Has not been adjudicated an incapacitated person as defined by ARIZ. REV. STAT. § 14-5101, or its successor statute. B. For the purposes of this Article, "resident" means an individual who has actual physical presence in the Town, combined with an intent to remain. A temporary absence shall not result in a loss of residence if the individual has intent to return following his or her absence. An individual has only one residence for purposes of this Article. (98-33, Added, 12/03/1998) Section 2-9-2 Petition circulators All circulators of nomination petitions for Mayor or Councilmember and all circulators of recall, referenda or initiative petitions or petitions for other measures, shall be qualified to register to vote in this State. Pursuant to ARIZ. REV. STAT. § 16-315, as amended, if the petition circulator is not a resident of the State, the petition circulator shall register as a circulator with the Secretary of State before circulating the petition. (98-33, Added, 12/03/1998) 1849497.6 DECEMBER 20, 2012 AMENDMENTS TO CHAPTER 2 OF THE TOWN CODE Fountain Hills Town Code 1849497.6 Page 1 of 19 Chapter 2 MAYOR AND COUNCIL Articles: 2-1 COUNCIL 2-2 MAYOR 2-3 COUNCIL ELECTION 2-4 COUNCIL PROCEDURE 2-5 ORDINANCES, RESOLUTIONS AND CONTRACTS 2-6 INITIATIVE AND REFERENDUM 2-7 PLANNING AND ZONING COMMISSION 2-8 BOARD OF ADJUSTMENT 2-9 QUALIFIED ELECTORS AND PETITION CIRCULATORS Fountain Hills Town Code 1849497.6 Page 2 of 19 Article 2-1 COUNCIL Sections: 2-1-1 Elected Officers 2-1-2 Corporate Powers 2-1-3 Assumption of Duties 2-1-4 Vacancies in Council 2-1-5 Compensation 2-1-6 Oath of Office 2-1-7 Bond 2-1-8 Financial Disclosure Statement 2-1-9 Prohibition on Holding Appointive Town Office Section 2-1-1 Elected Officers A. The elected officers of the Town shall be a Mayor and six Councilmembers. The Mayor and Councilmembers shall constitute the Council and shall continue in office until assumption of duties of office by their duly elected or appointed successors, as set forth in Sections 2-1-3 and 2- 1-4 of this Article. B. The term of office of the Mayor shall be two years. C. Councilmembers shall serve four-year, overlapping terms. (99-02, Amended, 01/21/1999) Section 2-1-2 Corporate Powers The corporate powers of the Town shall be vested in the Council and shall be exercised only as directed or authorized by law. All powers of the Council shall be exercised by ordinance, resolution, order or motion. Section 2-1-3 Assumption of Duties Councilmembers shall assume the duties of office at the first regularly scheduled Council meeting in December following the election at which the Councilmembers were elected. (99-02, Amended, 01/21/1999) Section 2-1-4 Vacancies in Council A. The Council shall fill any vacancy that may occur in the Council by any method provided by ARIZ. REV. STAT. § 9-235, as amended. B. In the case of a vacancy that may occur in the Office of the Mayor, the Council shall appoint, from the remaining Councilmembers, one person to serve as Mayor for the remainder of the Mayor's term. The Council shall then fill, in the manner set forth in Subsection 2 -1-4(A) above, the vacancy in the Council that was created by appointing a Councilmember to serve as Mayor. Fountain Hills Town Code 1849497.6 Page 3 of 19 C. All vacancies shall be filled in a reasonable period of time from the occurrence of the vacancy. (Ordinance 09-14, Amended, 11/05/2009) Section 2-1-5 Compensation The compensation paid to the Mayor and Council for service in office shall be fixed from time to time by resolution of the Council. Section 2-1-6 Oath of Office Prior to assumption of the duties of office, the Mayor and each Councilmember shall take and subscribe to the oath of office and review and acknowledge the Council’s Rules of Procedure. Section 2-1-7 Bond Unless a blanket bond or other equivalent coverage is provided by the Town, prior to taking office, the Mayor and every Councilmember shall execute and file an official bond, enforceable against the principal and his sureties, conditioned on the due and faithful performance of his official duties, payable to the state and to and for the use and benefit of the Town or any person who may be injured or aggrieved by the wrongful act or default of such officer in his official capacity. Bonds shall be in such sum as set forth in ARIZ. REV. STAT. § 38-251, et seq., as amended, and the premium for such bonds shall be paid by the Town. Section 2-1-8 Financial Disclosure Statement Any person who qualified as a public officer at any time during the preceding calendar year shall file by January 31 of each year, on a form prescribed by law, a financial disclosure statement setting forth such information as required by ARIZ. REV. STAT. § 38-542, as amended. Section 2-1-9 Prohibition on Holding Appointive Town Office No Councilmember shall hold any compensated appointive Town office or employment until one year after the expiration of the term for which he was elected or appointed to the Council. Fountain Hills Town Code 1849497.6 Page 4 of 19 Article 2-2 MAYOR Sections: 2-2-1 Selection of Mayor 2-2-2 Vice Mayor 2-2-3 Acting Mayor 2-2-4 Powers and Duties of the Mayor 2-2-5 Absence of Mayor 2-2-6 Failure to Sign Documents Section 2-2-1 Selection of Mayor The Mayor shall be directly elected by the qualified electors of the Town. Section 2-2-2 Vice Mayor Each member of the Council, except the Mayor, shall serve an eight month term as Vice Mayor. Terms as Vice Mayor shall be determined such that every elected Councilmember serves as Vice Mayor during the member’s elected term unless the Councilmember vacates his office for any reason prior to serving as Vice Mayor. During the years of 2014, 2015 and 2016, Vice Mayor terms may be extended beyond eight months to allow for adjustments to the Town’s election cycles as required by ARIZ. REV. STAT. § 16-204. The Vice Mayor shall perform the duties of the Mayor during the Mayor’s absence or disability. (99-02, Amended, 01/21/1999) Section 2-2-3 Acting Mayor In the absence or disability of both the Mayor and Vice Mayor, the Council may designate another of its members to serve as Acting Mayor who shall have all the powers, duties and responsibilities of the Mayor during such absence or disability. Section 2-2-4 Powers and Duties of the Mayor The powers and duties of the Mayor shall include the following: A. He shall be the chief executive officer of the Town. B. He shall be the chairman of the Council and preside over its meetings. He may make and second motions and shall have a voice and vote in all its proceedings. C. He shall enforce the provisions of this Code. D. He shall execute and authenticate by his signature such instruments as required by act of the Council or any applicable statute, regulation, ordinance or this Code. E. He shall make such recommendations and suggestions to the Council as considered proper. Fountain Hills Town Code 1849497.6 Page 5 of 19 F. He may, by proclamation, declare a local emergency to exist due to fire, conflagration, flood, earthquake, explosion, war, bombing or any other natural or man-made calamity or disaster or in the event of the threat or occurrence of riot, rout or affray or other acts of civil disobedience which endanger life or property within the Town. After declaration of such emergency, the Mayor shall govern by proclamation and impose all necessary regulations to prese rve the peace and order of the Town, including but not limited to: 1. Imposition of a curfew in all or any portion of the Town. 2. Ordering the closing of any business. 3. Denying public access to any public building, street or other public place. 4. Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance. G. He shall perform such other duties required by applicable law and this Code as well as those duties required as chief executive officer of the Town. Section 2-2-5 Absence of Mayor The Mayor shall not be absent from the Town for a period longer than two consecutive weeks without having first given proper notice to the Council. Section 2-2-6 Failure to Sign Documents If the Mayor refuses or fails to sign any ordinance, resolution, contract, warrant, demand or other document or instrument requiring his signature for any period of five days, then a majority of the members of the Council may, at any regular or special meeting, authorize the Vice Mayor or, in his absence, an Acting Mayor to sign such ordinance, resolution, contract, warrant, demand or other document or instrument, which when so signed shall have the same force and effect as if signed by the Mayor. Fountain Hills Town Code 1849497.6 Page 6 of 19 Article 2-3 ELECTIONS Sections: 2-3-1 Consolidated Election Dates 2-3-2 Primary Election 2-3-3 Non-Partisan Ballot 2-3-4 General Election Nomination 2-3-5 Candidate Financial Disclosure 2-3-6 Mail Ballot Election Section 2-3-1 Consolidated Election Dates All elections shall be held as pursuant to ARIZ. REV. STAT. § 16-204, as amended. Section 2-3-2 Primary Election Any candidate who shall receive at the primary election a majority of all the votes cast shall be declared to be elected to the office for which he is a candidate effective as of the date of the general election, and no further election shall be held as to said candidate. If more candidates receive a majority than there are offices to be filled, then those candidates equal in number to the offices to be filled who have received the highest number of votes shall be declared elected. Section 2-3-3 Non-Partisan Ballot Elections shall be non-partisan and nothing on the ballot in any election shall be indicative of the support of a candidate. Candidates’ names shall appear on the ballot pursuant to the procedure set forth in ARIZ. REV. STAT. § 16-464, as amended. Section 2-3-4 General Election Nomination If at any primary election held as above provided there be any office for which no candidate is elected, then as to such office, the primary election shall be considered to be a primary election for nomination of candidates for such office, and the general municipal election shall be held to vote for candidates to fill such office. Candidates to be placed on the ballot at the general municipal election shall be (A) those not elected at the primary election who received the highest number of votes and (B) be equal in number to twice the number to be elected to any given office or less than that number if there be less than that number named on the primary election ballot. Persons who receive the highest number of votes for the respective offices at such first election shall be the only candidates at such second election, provided that if there be any person who, under the provisions of this Article, would have been entitled to become a candidate for any office except for the fact that some other candidate r eceived an equal number of votes therefore, then all such persons receiving an equal number of votes shall likewise become candidates for such office. Fountain Hills Town Code 1849497.6 Page 7 of 19 Section 2-3-5 Candidate Financial Disclosure Pursuant to ARIZ. REV. STAT. § 38-543, as amended, each candidate for the office of Councilmember shall file a financial disclosure statement on a form prescribed by law when such candidate files a nomination paper. The statement shall contain such information as required by law. Section 2-3-6 Mail Ballot Election The Town Clerk shall conduct all primary, general and special elections exclusively using mail ballots in accordance with ARIZ. REV. STAT. § 16-409, as amended. (Ord. 11-07, Added, 01/20/2011) Fountain Hills Town Code 1849497.6 Page 8 of 19 Article 2-4 COUNCIL PROCEDURE Sections: 2-4-1 Council Rules of Procedure 2-4-2 Boards, Committees and Commissions 2-4-3 Posting Notice of Meetings Section 2-4-1 Council Rules of Procedure The Council shall adopt such procedural rules as it deems appropriate. (03-17, Amended, 08/07/2003) Section 2-4-2 Boards, Committees and Commissions The Council may create such boards, committees and commissions, standing or special, as it deems necessary. They shall consist of as many members and shall perform such duties as the Council may require. All members shall serve at the pleasure of the Council. Immediately prior to assumption of the duties of office, each appointee shall take and subscribe to the oath of office and acknowledge that he is subject to the terms and conditions of the Council Rules of Procedure. Pursuant to ARIZ. REV. STAT. § 38-232, as amended, the oath of office shall be administered prior to the first regular or special meeting that the appointee attends. (03-17, Amended, 08/07/2003) Section 2-4-3 Posting Notice of Meetings Public notice of the meetings of the Council shall be posted in the following places: A. Fountain Hills Community Center 13001 N. La Montana Drive Fountain Hills, Arizona B. Town of Fountain Hills Website www.fh.az.gov C. Fountain Hills Town Hall 16705 E. Avenue of the Fountains Fountain Hills, Arizona (06-24, Amended, 10/19/2006; 05-04, Amended, 06/02/2005; 03-17, Renumbered, 08/07/2003, Was previously Section 2-4-11; 01-22, Amended, 12/10/2001) Fountain Hills Town Code 1849497.6 Page 9 of 19 Article 2-5 ORDINANCES, RESOLUTIONS AND CONTRACTS Sections: 2-5-1 Prior Approval 2-5-2 Introduction 2-5-3 Reading of Ordinances 2-5-4 Requirements for an Ordinance 2-5-5 Effective Date of Ordinances 2-5-6 Signatures Required 2-5-7 Publishing Required 2-5-8 Posting Required Section 2-5-1 Prior Approval All ordinances, resolutions and contract documents shall, before presentation to the Council, be reviewed by the Town Manager and, as to form, by the Town Attorney and shall, when there are substantive matters of administration involved, be referred to the person who is charged with the administration of the matters. Such person shall have an opportunity to present his comments, suggestions and objections, if any, prior to the passage of the ordinance, resolution or acceptance of the contract. Section 2-5-2 Introduction The Town manager, the Town Attorney or the Town Clerk may present ordinances, resolutions and other matters or subjects to the Council, and any member of the Council may assume sponsorship thereof by moving that such ordinance, resolution, matter or subject be adopted; otherwise, they shall not be considered. Section 2-5-3 Reading of Ordinances Prior to a vote on passage by the Council, all ordinances shall be read in full unless the Council has been provided with complete printed or electronic copies of said ordinance. (06-24, Amended, 10/19/2006) Section 2-5-4 Requirements for an Ordinance Each ordinance may have only one subject, the nature of which is clearly expressed in the title. Whenever possible, each ordinance shall be introduced as an amendment to this Code or to an existing ordinance and, in such case, the title of the sections to be amended shall be included in the ordinance. Section 2-5-5 Effective Date of Ordinances A. No ordinance shall become operative until 30 days after its passage by the Council and signature by the Mayor, except measures necessary for the immediate preservation of the peace, health or safety of the Town, but such an emergency measure shall not become immediately operative unless it states in a separate section the reason why it is necessary that it should become immediately operative, and unless it is approved by the affirmative vote of three-fourths of all the Fountain Hills Town Code 1849497.6 Page 10 of 19 members of the Council. B. In addition to the provisions of subsection A of this Section, the Town Clerk shall certify the minutes of any Council meeting at which an ordinance, resolution or franchise, except an emergency measure is passed. The 30-day period specified in subsection A of this section shall be calculated as set forth in ARIZ. REV. STAT. § 19-142, as amended. Section 2-5-6 Signatures Required Every ordinance passed by the Council shall, before it becomes effective, be signed by the Mayor and attested by the Town Clerk. Section 2-5-7 Publishing Required Only such ordinances, orders, resolutions, motions, regulations or proceedings of the Council shall be published as may be required by state law or expressly ordered by the Council. Section 2-5-8 Posting Required Every ordinance imposing any penalty, fine, forfeiture or other punishment shall, after passage, be posted by the Town Clerk in the locations designated in Section 2-4-3 of this Code and an affidavit of the person who posted the ordinance shall be filed in the office of the Town Clerk as proof of posting. Fountain Hills Town Code 1849497.6 Page 11 of 19 Article 2-6 INITIATIVE AND REFERENDUM Sections: 2-6-1 Power Reserved; Time of Election 2-6-2 Number of Signatures 2-6-3 Time of Filing 2-6-4 Sample Ballots and Publicity Pamphlets 2-6-5 Mail Ballot Election Section 2-6-1 Power Reserved; Time of Election A. There is reserved to the qualified electors of the Town the power of initiative and the referendum as prescribed by the state constitution, Arizona Revised Statutes and this Code. B. Any proper initiative matter shall be voted on by all qualified electors at the next ensuing Town primary or general election pursuant to Subsection 2-6-3(A) of this Code. C. That upon presentation of a certificate to the Council by the Town Clerk that all steps required by the Arizona Constitution and the State statutes concerning referendum have been complied with, the Council may call a special election on the matter referred no less than ninety days and no more than one hundred fifty days from the presentation of the certificate by the Town Clerk; provided that within that period of time there is no regularly scheduled Town primary or general election for which the referendum matters would otherwise qualify. D. The call of a special election for referendum matters shall be valid only upon the affirmative vote of four members of the Council voting on said request and call. Should the required number of votes to call the special election not be obtained then the referendum matter shall appear on the ballot at the next regular Town primary or general election. E. If a special election on a referendum matter is called for by the Council pursuant to subsection D of this section, then in addition to all other notices required by law, the Town Clerk shall notify the person or organization that requested the referendum petition of the Council decision by first class mail, postage prepaid at the address shown upon the request for referendum petition number. Section 2-6-2 Number of Signatures A. The total number of electors qualified to vote at the last Town election, whether regular or special, immediately preceding the date upon which any initiative petition is filed, shall be the basis for computing the number of signatures of qualified electors of the Town required to file an initiative petition. B. The basis for computing the number of signatures of qualified electors of the Town required to file a referendum petition shall be as determined by state law. Fountain Hills Town Code 1849497.6 Page 12 of 19 Section 2-6-3 Time of Filing A. Initiative petitions shall be filed at least 120 days prior to the election at which they are to be voted upon. B. Referendum petitions shall be filed within the time period set forth in ARIZ. REV. STAT. § 19-142, as amended. Section 2-6-4 Sample Ballots and Publicity Pamphlets The following procedures relating to sample ballots and publicity pamphlets are hereb y adopted for conducting elections at which an initiative or referendum is to be voted upon: A. A publicity pamphlet, containing the entire text of the official ballot, shall be mailed by the Town Clerk to each household within the Town in which a registered voter resides, not less than the minimum number of days prior to the election to which the sample ballot pertains, as required by state law. B. The pamphlet shall contain the proposition as it will appear on the ballot together with a summary of each proposition. Each summary shall be followed by any arguments supporting the proposition followed by any arguments opposing the proposition. Arguments submitted by the person filing the initiative or referendum shall appear first. The remaining arguments shall be placed in the order in which they were filed. C. Arguments supporting and opposing propositions appearing on the ballot shall be filed with the office of the Town Clerk by 5:00 p.m. not less than the minimum number of days prior to the election at which the propositions are to be voted upon, as required by state law. If time does not permit compliance with the deadline, the Town Clerk may establish a separate deadline for filing referendum ballot arguments. Arguments supporting or opposing propositions appearing on the ballot shall meet the following requirements: 1. Arguments must relate to the propositions proposed by initiative or referred by referendum which will appear on the ballot. 2. Arguments must identify the proposition to which they refer and indicate whether the argument is in support of or in opposition to the proposition. 3. Arguments may not exceed three hundred words in length. 4. Arguments must contain the original notarized signature of each person sponsoring it. Arguments submitted by organizations shall be signed by two executive officers of the organization, or if the argument is sponsored by a political committee it must be signed by the committee's chairman or treasurer. All persons signing documents shall ind icate their residence or post office address and a telephone number, which information shall not appear in the publicity pamphlet. 5. No person or organization shall submit more than one argument for each proposition to be voted upon. Fountain Hills Town Code 1849497.6 Page 13 of 19 6. Each argument shall be accompanied by a payment in the amount established by the Council, either as part of the Town’s annual budget or by separate resolution, to offset proportional costs of printing. This requirement shall not be waived on any account. (11-07, Amended, 01/20/2011) Section 2-6-5 Mail Ballot Election The Town Clerk shall conduct all initiative and referendum elections, whether on the date of primary, general or special election, exclusively using mail ballots in accordance with ARIZ. REV. STAT. § 16-409, as amended. (11-07, Added, 01/20/2011) Fountain Hills Town Code 1849497.6 Page 14 of 19 Article 2-7 PLANNING AND ZONING COMMISSION Sections: 2-7-1 Creation 2-7-2 Membership 2-7-3 Officers 2-7-4 Duties 2-7-5 Meetings; Rules; Minutes 2-7-6 Conduct of Business 2-7-7 Fees Section 2-7-1 Creation The Planning and Zoning Commission of the Town of Fountain Hills is hereby established. Section 2-7-2 Membership A. The Planning and Zoning Commission shall be composed of a total of seven members who shall be residents of the town. 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 two years each, with the terms of members staggered such that the terms of no more than four members shall expire in any one year. All members shall be appointed for full two year terms, except that in the event of death or resignation of a member, the vacancy may be filled for the unexpired term. The terms of all members shall extend until their successors are appointed and qualified. Members shall serve at the will and pleasure of the Council. However, three successive unexcused or unexplained absences from any regular or special meeting shall result in automatic removal without the necessity of a hearing or notice and such action shall be final. B. All members shall serve without pay. However, members of said Commission may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the Commission and approval of such expenditures by the Council. (Ordinance 06-30, Amended, 12/07/2006) Section 2-7-3 Officers The Commission shall elect a chair and vice-chair from among its own members, who shall serve for one year and until their successors are elected and qualified. 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. (Ordinance 06-30, Amended, 12/07/2006) Fountain Hills Town Code 1849497.6 Page 15 of 19 Section 2-7-4 Duties It shall be the duty of the Commission: 1. To formulate and administer any lawful plan duly adopted by the Council for growth and development. 2. To 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. To recommend to the Council revisions in such plans that, in the opinion of the Commissio n, are in the best interest of the citizens of the Town of Fountain Hills. 4. To hold public hearings when necessary or when required by law. 5. To 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. 6. To carry out the specific duties as prescribed by this Code and the Town of Fountain Hills Zoning Ordinance. 7. To 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 Planning and Zoning Division. 8. To confer and advise with other town, county, regional, or state planning agencies and commissions. (Ordinance 06-30, Amended, 12/07/2006) Section 2-7-5 Meetings; Rules; Minutes All meetings of the Commission shall be open to the public in accordance with state law. The Council shall provide rules of procedure for the Commission relating to the conduct of its members and its meetings. The minutes of all Commission proceedings shall be filed in the office of the Town Clerk. (Ordinance 06-30, Amended, 12/07/2006) Section 2-7-6 Conduct of Business Four members shall constitute a quorum. The affirmative vote of a majority of a quorum shall be required for passage of any matter before the Commission. In this connection, the minutes of the meetings 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 06-30, Amended, 12/07/2006) Section 2-7-7 Fees The Council shall be authorized to establish a uniform schedule of fees for services relating to Planning and Zoning, either as part of its adoption of the Town's annual budget or by separate resolution. Fountain Hills Town Code 1849497.6 Page 16 of 19 (Ordinance 06-30, Amended, 12/07/2006) Article 2-8 BOARD OF ADJUSTMENT Sections: 2-8-1 Creation 2-8-2 Membership 2-8-3 Officers 2-8-4 Duties 2-8-5 Nonconforming Use 2-8-6 Variances 2-8-7 Limitation of Authority 2-8-8 Appeals 2-8-9 Filing Fees for Appeals 2-8-10 Meetings 2-8-11 Conduct of Business Section 2-8-1 Creation The Board of Adjustment of the Town of Fountain Hills is hereby established. Section 2-8-2 Membership A. The Board of Adjustment shall be composed of a total of five members who shall be residents of the Town. The members of the Board shall be appointed by the Mayor, subject to the approval of the Council. These appointments shall be for a period of two years each, with the terms of members staggered such that the terms of no more than three members shall expire in any one year. All members shall be appointed for full two year terms, except that in the event of death or resignation of a member, the vacancy may be filled for the unexpired term. The term of all members shall extend until their successors are appointed and qualified. Members shall serve at the will and pleasure of the Council. However, three successive unexcused or unexplained absences from any regular or special meeting shall result in automatic removal without the necessity of a hearing or notice and such action shall be final. B. All members shall serve without pay. However, members of said Board may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the Board and approval of such expenditures by the Council. (Ordinance 06-30, Amended, 12/07/2006) Section 2-8-3 Officers The Board shall elect a chair and vice-chair from among its own members, who shall serve for one year and until their successors are elected and qualified. The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The chair shall have the power to administer oaths and to take evidence. 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. Fountain Hills Town Code 1849497.6 Page 17 of 19 Section 2-8-4 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. 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 2-8-5 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 2-8-6 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 2-8-7 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 2-8-8 Appeals The decision of the Board shall be final; provided, however, that any person aggrieved by a decision of Fountain Hills Town Code 1849497.6 Page 18 of 19 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 res training order. If a special action is brought for review of a matter in which the Board held a hearing which was not stenographically or electronically recorded, then upon request of any party to the special action or the court, the Board shall forthwith notice a hearing as herein provided for the purpose of causing a stenographic or electronic record to be made of the evidence presented by the parties. If evidence is presented at this hearing which is new or different from that originally presented, the same shall be noted in the record by the Board chair. Section 2-8-9 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 06-30, Amended, 12/07/2006) Section 2-8-10 Meetings The Board shall provide in its rules for its meetings; provided, however, that special meetings may be called by the chair, or in his or her absence the vice-chair. In addition, any three members of the Board may make written request to the chair of the Board for a special meeting and in the event such meeting is not called, such members may call a special meeting in such manner and form as may be provided in the Board rules. Section 2-8-11 Conduct of Business Three members shall constitute a quorum. The affirmative vote of a majority of a quoru m shall be required for passage of any matter before the Board. In this connection, the minutes of the meetings 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 statutory conflict of interest, in which case such member shall take no part in the deliberations on the matter in question. Fountain Hills Town Code 1849497.6 Page 19 of 19 Article 2-9 QUALIFIED ELECTORS AND PETITION CIRCULATORS Sections: 2-9-1 Qualified electors; definition 2-9-2 Petition circulators Section 2-9-1 Qualified electors; definition A. Every resident of the Town is qualified to register and vote in Town elections if he: 1. Is a citizen of the United States; 2. Will be eighteen (18) years of age or more on or before the date of the next Town election following registration; 3. Will have been a resident of the Town 29 days next preceding the date of the next Town election; 4. Is able to write his or her name, or make a mark, unless prevented from doing so by physical disability; 5. Has not been convicted of treason or a felony, unless restored to civil rights; and 6. Has not been adjudicated an incapacitated person as defined by ARIZ. REV. STAT. § 14-5101, or its successor statute. B. For the purposes of this Article, "resident" means an individual who has actual physical presence in the Town, combined with an intent to remain. A temporary absence shall not result in a loss of residence if the individual has intent to return following his or her absence. An individual has only one residence for purposes of this Article. (98-33, Added, 12/03/1998) Section 2-9-2 Petition circulators All circulators of nomination petitions for Mayor or Councilmember and all circulators of recall, referenda or initiative petitions or petitions for other measures, shall be qualified to register to vote in this State. Pursuant to ARIZ. REV. STAT. § 16-315, as amended, if the petition circulator is not a resident of the State, the petition circulator shall register as a circulator with the Secretary of State before circulating the petition. (98-33, Added, 12/03/1998)