HomeMy WebLinkAboutOrd 2001-08 TOWN OF FOUNTAIN HILLS
ORDINANCE 01-08
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA AMENDING THE TOWN CODE, CHAPTER 7, BUILDINGS
AND BUILDING REGULATIONS BY AMENDING SECTION 7-1-2, TO PROVIDE FOR
ADDED REGULATIONS AND PROCEDURES TO ENSURE THAT NEW DEVELOPMENT
COMPLIES WITH MODIFIED ZONING REGULATIONS WITHIN REASONABLE TIME
LIMITATIONS.
WHEREAS, the Town of Fountain Hills periodically modifies its zoning ordinance regulations in
order to achieve quality development; and
WHEREAS, the Town of Fountain Hills desires that new development be developed under new or
modified zoning regulations within a reasonable period of time; and
WHEREAS, the Town of Fountain Hills believes that a building permit application extension should
not be approved if such application is not in conformance with zoning ordinance
regulations in effect at the time of the extension; and
WHEREAS, the Town of Fountain Hills believes that an extension to an approved building permit
should not be approved if such permit is not being actively developed and not in
conformance with zoning ordinance regulations in effect at the time of the extension; and
WHEREAS, the Town of Fountain Hills desires to provide for a more formal procedure for applying
for and reviewing building permit application extension requests and building permit
extension requests.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS:
SECTION 1. That as of the effective date of this Ordinance, Section 7-1-2 of Chapter 7 of the Town
Code of the Town of Fountain Hills is hereby amended and shall read as follows (New
text is shown as double-underlined and text to be deleted is shown as crossed out):
Section 7-1-2 Conformance to Zoning Ordinance, Building Permit Application
Extensions and Building Permit Extensions
A. Whenever a building permit is issued and a building inspection performed, such
building must conform to the provisions of the Zoning Ordinance of the Town of
Fountain Hills in addition to the provisions of this chapter.
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B. In addition to the requirements of the Building Code, a building permit
application extension may only b granted if the development proposed through
the building permit is in full conformance with the Zoning Ordinance and any
modifications effective as of the date that the building permit application would
expire without the extension.
C. In addition to the requirements of the Building Code. a building permit shall be
deemed active and in effect as long as the development proposed through the
building permit is being actively developed, unless subsection D. below, applies.
"Actively developed" shall mean that construction activity is occurring at a rate
such that at least twenty percent (20%) of the value of the improvements as
permitted by the building permit are inspected (with approved inspections) and
completed in every 180-day time period beginning at building permit issuance.
D. In addition to the requirements of the Building Code, a request to extend an
approved building permit may be granted for a building permit that is not being
"actively developed", as long as the building permit remains in full conformance
with the Zoning Ordinance and any effective modifications as of the date that the
building permit would expire without the extension. If an approved building
permit is not being actively developed and is not in full compliance with the
Zoning Ordinance, the building permit shall be modified to comply with the
Zoning Ordinance prior to the expiration of the building permit or the building
permit will become void.
E. All building permit application extension requests or approved building permit
extension requests shall be applied for in writing to the Building Official not less
than 30 (thirty) days prior to the expiration of any building permit application or
approved building permit. Included in that application the developer or owner
shall pay a non-refundable $100.00 re-review fee to the Town to offset the costs
of reviewing the building permit application or approved building permit for
compliance with Zoning Ordinance regulations effective as of the date of the
expiration of the building permit application or approved building permit.
F. If an approved building permit is not in full compliance with the Zoning
Ordinance, the Director of Community Development shall have the authority to
grant building permit extensions for partially completed developments. Such /
building permit extensions should only be approved if the particular
development is at least twenty (20%) percent completed, as determined by the
value of those improvements, and if the owner of the property can document that
meaningful work has taken place at least bi-weekly during the prior 180-day
period.
G. If there are any conflicts between subsections A through F. above, and the
Building Code, subsections A through F shall control.
Ordinance 01-08
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PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,Arizona,
this 1st day of March, 2001.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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(Jf114-LL. 1 )J1 ,
haron Morgan,Mayor Cassie B. Hansen,Town Clerk
VIEWED BY: APPROVED AS TO FORM:
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i ,Town Manager illiam E.Farrell,Town •ttorney
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Ordinance 01-08
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