HomeMy WebLinkAboutOrd 2012-041758761.7
ORDINANCE NO. 12-04
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 19, SECTION 19.05, BY
REVISING THE PROVISIONS RELATED TO PUBLIC ART DONATIONS.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town
Council”) approved Ordinance No. 93-22, which adopted the Zoning Ordinance for the Town of
Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter
19 (Architectural Review Guidelines), Section 19.05 (Landscaping & Signage) to revise the
procedures for developer donations to the Public Art Fund; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
§ 9-462.04, public hearings regarding the subject matter of this ordinance were advertised in the
August 22, 2012 and August 29, 2012 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on September 13, 2012, and by the Town Council on October 4, 2012.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Town of Fountain Hills Zoning Ordinance, Chapter 19 (Architectural
Review Guidelines), Section 19.05 (Landscaping & Signage), Subsection I (Public Art
Requirement) is hereby amended as follows:
I. Public Art Requirement:
1. All development proposals subject to Design CONCEPT PLAN REVIEW under
this Chapter shall be required to provide one of the following prior to the issuance
of a Certificate of Occupancy BUILDING PERMIT:
a. Exterior public art of an appraised or invoiced value equal to or greater than
1% of the cost of building construction and associated site work and signage.
Water features using recycled water are preferred; or
b. A donation to the Fountain Hills Public Art Fund in an amount equal to or
greater than 1% of the cost of building construction and associated site work
and signage.
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2. The value of construction costs will be determined by the Town using standard
valuation procedures at the time of application.
3. Applicants are encouraged to meet with the Fountain Hills Cultural Council
PUBLIC ART COMMITTEE for recommendations when considering exterior
public art selections.
4. AN APPLICANT MAY BE ENTITLED TO A REFUND OF THE MONETARY
DONATION OR THE RETURN OF THE EXTERIOR PIECE OF ART
SUBJECT TO THE FOLLOWING:
a. AN APPLICANT WHO HAS MADE A MONETARY PUBLIC ART
DONATION FOR A BUILD ING CONSTRUCTION, FOR WHICH A
BUILDING PERMIT HAS BEEN ISSUED BUT CONSTRUCTION HAS
NOT BEEN INITIATED, SHALL BE ELIGIBLE FOR A REFUND.
REQUESTS FOR A REFUND SHALL BE MADE ON A FORM
PROVIDED BY THE TOWN FOR SUCH PURPOSES. AN APPLICATION
FOR A REFUND MUST BE MADE WITHIN 60 DAYS FOLLOWING THE
EXPIRATION OR REVOCATION OF THE BUILDING PERMIT. THE
APPLICANT SHALL SUBMIT WITH THE APPLICATION (I) THE
AMOUNT OF THE DONATION PAID BY THE APPLICANT, (II)
RECEIPTS EVIDENCING SUCH PAYMENTS AND (III)
DOCUMENTATION EVIDENCING THE EXPIRATION OR
REVOCATION OF THE BUILDING PERMIT. FAILURE TO APPLY FOR
A REFUND WITHIN 60 DAYS FOLLOWING THE EXPIRATION OR
REVOCATION OF THE BU ILDING PERMIT SHALL CONSTITUTE A
WAIVER OF THE RIGHT TO A REFUND. UPON RECEIPT OF A
COMPLETE APPLICATION, THE TOWN MANAGER OR AUTHORIZED
DESIGNEE SHALL REVIEW THE REQUEST AND DETERMINE
WHETHER A REFUND IS DUE. A REFUND SHALL BE PAID UPON
AFFIRMATIVE DETERMINATION BY THE TOWN MANAGER OR
AUTHORIZED DESIGNEE.
B. AN APPLICANT WHO HAS MADE A PUBLIC ART DONATION IN THE
FORM OF AN EXTERIOR PIECE OF ART, FOR A BUILDING
CONSTRUCTION, FOR WHICH A BUILDING PERMIT HAS BEEN
ISSUED BUT WHICH CONSTRUCTION HAS NOT BEEN INITIATED
SHALL BE ENTITLED TO THE RETURN OF THE EXTERIOR PIECE OF
ART DONATED. REQUESTS FOR RETURN SHALL BE MADE ON A
FORM PROVIDED BY THE TOWN FOR SUCH PURPOSES. AN
APPLICATION FOR A RETURN MUST BE MADE WITHIN 60 DAYS
FOLLOWING THE EXPIRATION OR REVOCATION OF THE
BUILDING PERMIT. THE APPLICANT SHALL SUBMIT WITH THE
APPLICATION (I) THE DESCRIPTION OF THE EXTERIOR PIECE OF
ART, (II) DOCUMENTATION EVIDENCING THE APPLICANT’S
DONATION OF THE EXTERIOR PIECE OF ART TO THE TOWN AND
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(III) DOCUMENTATION EVIDENCING THE EXPIRATION OR
REVOCATION OF THE BUILDING PERMIT. FAILURE TO REQUEST A
RETURN OF THE EXTERIOR PIECE OR ART WITHIN 60 DAYS
FOLLOWING THE EXPIRATION OR REVOCATION OF THE
BUILDING PERMIT SHALL CONSTITUTE A WAIVER OF THE RIGHT
TO RETURN AND THE EXTERIOR PIECE OF ART SHALL BE
DEEMED PROPERTY OF THE TOWN. UPON RECEIPT OF A
COMPLETE APPLICATION, THE TOWN MANAGER OR AUTHORIZED
DESIGNEE SHALL DETERMINE WHETHER RETURN IS DUE. THE
TOWN SHALL RETURN EXTERIOR PIECE OF ART TO THE
APPLICANT FOLLOWING AN AFFIRMATIVE DETERMINATION BY
THE TOWN MANAGER OR AUTHORIZED DESIGNEE.
c. AN ADMINISTRATIVE FEE, IN AN AMOUNT DETERMINED BY THE
TOWN COUNCIL SHALL BE PAID AT THE TIME OF THE
APPLICATION TO OFFSET THE ADMINISTRATIVE EXPENSE
ASSOCIATED WITH PROCESSING THE APPLICATION.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and take all steps necessary to carry
out the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
October 4, 2012.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney