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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. Coo Ordinance 01-08 3_ _ p Page 1 of 3 PASS IL OTION SECOND COUNT 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 Page 2 of 3 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: If(iolvk frIr (Jf114-LL. 1 )J1 , haron Morgan,Mayor Cassie B. Hansen,Town Clerk VIEWED BY: APPROVED AS TO FORM: d " i ,Town Manager illiam E.Farrell,Town •ttorney L Ordinance 01-08 Page 3 of 3