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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 2638705.2 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 2638705.2 2 ATTESTED TO: &:FA F W1,114,40 MR APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney