HomeMy WebLinkAboutOrd 2018-14 ORDINANCE 18-14
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE, CHAPTER 9, SECTION 9.02.C.6, RELATED TO
PERMITTED ACTIVITIES WITHIN THE OPEN SPACE PRESERVATION
ZONING DISTRICT
RECITALS:
WHEREAS, the Town of Fountain Hills Town Code and the Town of Fountain Hills Zoning
Ordinance (the "Zoning Ordinance") each contain provisions pertaining to open space
preservation; and
WHEREAS, it is in the best interests of the citizens of the Town of Fountain Hills (the "Town") to
have a uniform set of standards by which authorized individuals may objectively determine
whether a violation has occurred; and
WHEREAS, the Town desires to clarify the provisions of the Zoning Ordinance to provide its
citizens with a clear statement of the permitted activities relating to the Open Space
Preservation (OSP) Zoning District; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-
462.04, public hearings regarding this Ordinance were advertised in the October 3, 2018 and
October 10, 2018 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission
on October 25, 2018, and by the Town Council on November 6, 2018.
ENACTMENTS:
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 9, Section 9.02.C.6, is
hereby amended as follows:
Chapter 9, Section 9.02.C. Open Space Preservation (OSP) Zoning District
6. Utility services, water tanks, and emergency access easements, GRADE, LANDSCAPE, OR
OTHERWISE ENCROACH, but not including offices, wastewater treatment plants, generating
stations, sib-stations, or similar structures, with specific approval of the Town Council WITH AN
ENCROACHMENT PERMIT.
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.
ORDINANCE 18-14 PAGE 2
SECTION 4. 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, this
6th day of November, 2018.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
da M. Ka nagh, Ma E izabet►�I Burke, To n 1 rk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Mill r, To Manager Aaron D. Arnson, T n Attorney