HomeMy WebLinkAboutOrd 2016-03ORDINANCE 16-03
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS
ZONING ORDINANCE, CHAPTERS 1 (INTRODUCTION) 6 (SIGN
REGULATIONS) AND 8 (OUTDOOR LIGHTING CONTROL) BY
ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT KNOWN AS
THE "TOWN OF FOUNTAIN HILLS ZONING ORDINANCE
AMENDMENTS RELATING TO OUTDOOR LIGHTING,. NOVEMBER 3,
2016."
WHEREAS, the Mayor and the Council of the Town of Fountain Hills (the "Town
Council") adopted Ordinance No. 93-22, which established 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
1 (Introduction), Chapter 6 (Sign Regulations) and Chapter 8 (Outdoor Lighting Control) relating
to the outdoor lighting standards; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
§ 9-462.04, as amended, public hearings regarding this ordinance were advertised in the
September 28, 2016 and October 5, 2016, editions of the Fountain Hills Times•, and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on October 13, 2016, and by the Town Council on November 3, 2016.
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 document known as the Town of Fountain Hills Zoning Ordinance
Amendments Relating to Outdoor Lighting, November 3, 2016 (the "Outdoor Lighting
Amendments"), of which one paper copy and one electronic copy are on file in the office of the
Town Clerk, which document was made a public record by Resolution 2016-22 of the Town of
Fountain Hills, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out
in this Ordinance.
SECTION 3. The text of the Zoning Ordinance is hereby amended for Chapter 1
(Introduction), Chapter 6 (Sign Regulations) and Chapter 8 (Outdoor Lighting Control) as set
forth in the Outdoor Lighting Amendments.
SECTION 4. Any person who fails to comply with any provision of the Outdoor
Lighting Amendments shall be subject to civil and criminal penalties as set forth in Chapter 1
(Administration), Article 1-8 (Penalty) of the Fountain Hills Town Code, including civil
penalties of not more than $250.00 base fine. Criminal penalties shall constitute a class one
misdemeanor, punishable by a fine not to exceed $2,500.00 or by imprisonment for a period not
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to exceed six months, or by both such fine and imprisonment. Each day that a violation
continues shall be a separate offense.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance or any part of the Outdoor Lighting Amendment adopted herein by reference 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 thereof.
SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to take all steps and execute all documents 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,
Arizona, November 3, 2016.
FOR THE TOWN OF FOUNTAIN HILLS:
nda M. Kav n gh, Mayo
REVIEWED BY:
Grady E. Miller, o n Manager
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ATTESTED TO:
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APPROVED AS TO FORM:
Andrew J. McGuire, Town Attorney