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HomeMy WebLinkAboutOrd 1998-32 TOWN OF FOUNTAIN HILLS w,,. ORDINANCE #98-32 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 17 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CREATE ENCENTIVES FOR WIRELESS COMMUNICATIONS PROVIDERS TO UTILIZE "STEALTH" TECHNOLOGY. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills, and; WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides for a procedure to amend said ordinance, and; WHEREAS, The Town of Fountain Hills desires to amend its regulations to establish incentives for wireless communications providers to utilize "stealth"technology, and; WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills have been followed, and; WHEREAS, The Town of Fountain Hills has rewritten the text of Chapter 17 of The Zoning Ordinance for the Town of Fountain Hills and published these proposed text changes in the official newspaper of general circulation, The Times of Fountain Hills and Rio Verde on October 7, 14, 21, 28 1998 and on November 4, 1998 and; WHEREAS, Public hearings were advertised in the October 7, 14, 21, 28, 1998 and in the November 4, 1998 editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and; WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on October 22, 1998 and by the Fountain Hills Town Council on November 5, 1998. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, Chapter 17 of The Zoning Ordinance for the Town of Fountain Hills shall be amended as follows: itar ORDINANCE 98-32 PAGE 1 OF 2 PASS AIL I •TION rnO .) n SECOND 64A-1-c,ke COUNT 1-fl The proposed amendment is shown below. Text to be added is double-underlined. 17.05 Permitted Uses A. General. The uses listed in this section are deemed to be permitted uses and shall not require administrative approval or a special use permit. B. Permitted Uses. The following uses are specifically permitted: 1. Antennas or towers located on property owned, leased, or otherwise controlled by the Town of Fountain Hills provided a license or lease authorizing such antenna or tower has been approved by the Town of Fountain Hills. No such license or lease shall be issued for a tower located within three hundred (300) feet of any residentially zoned property until a public hearing has been held at a regular or special Town Council meeting. 2. Alternative tower structures when such structures and their accompanvina equipment are appropriately blended into the surrounding terrain, are within the hei•ht limitations of the underlying zonin• district and are not nearer than three hundred (300) feet to residentially zoned and platted property. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 5th day of October, 1998. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: 0/17,/,// cA..04,1_,:s jii )..10.44.4...../ Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: k/tiLi4.-• ,e1,,,. . ),44, iP ul L. Nordin, Town Manager liam E. Farrell, Town Attorney ORDINANCE 98-32 PAGE 2 OF 2