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HomeMy WebLinkAboutOrd 2006-03 y ORDINANCE NO. 06-03 Lir AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, BY AMENDING CHAPTER 1, INTRODUCTION, SECTION 1.12, DEFINITIONS; CHAPTER 16, LODGING ZONING DISTRICT, SECTION 16.02, PERMITTED USES; AND CHAPTER 5, GENERAL PROVISIONS, BY ADDING A NEW SECTION 5.22, PROHIBITION OF FRACTIONAL OWNERSHIP PROJECTS; RELATING TO FRACTIONAL OWNERSHIP USES WITHIN THE LODGING ZONING DISTRICTS. WHEREAS, the Mayor and Town Council of the Town of Fountain Hills (the "Town Council") adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Town of Fountain Hills Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, the Town Council desires to amend the Zoning Ordinance to provide regulations for fractional ownership, interim ownership and time share projects; and WHEREAS, pursuant to Axrz. REV. STAT. § 9-462.04, public hearings were advertised in the December 21, 2005 and December 28, 2005, editions of The Times of Fountain Hills and Rio Verde; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission (the "Commission") on February 23, 2006 and by the Town Council on March 16, 2006; and WHEREAS, the Commission recommended approval of this Ordinance by a vote of 6-1 on February 23, 2006. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Town of Fountain Hills Zoning Ordinance, Chapter 1, Introduction, Section 1.12, Definitions, is hereby amended by adding the following: Fractional Ownership Interest: A contractual right of occupancy in a Fractional Ownership Project, whether by membership, agreement, share, tenancy in common, sale, deed, license, right-to-use agreement or otherwise, where such right is divided into eleven (11) or more undivided interests, whether or not such interest is coupled with an estate in real property, where a purchaser, in exchange for consideration, receives a right to use a portion of a Fractional Ownership Project for a period of time less than six months during any given year. Fractional Ownership Interest shall include interests otherwise knowdas "Interval Ownership" or"Time Share Ownership." Fractional Ownership Project: A project consisting of any dwelling unit, hotel, lot or parcel in which a purchaser receives a Fractional Ownership Interest. 637184.1 SECTION 2. That the Town of Fountain Hills Zoning Ordinance, Chapter 5, General Provisions, is hereby amended by adding a new Section 5.22, Prohibition of Fractional Ownership Projects, as follows: Section 5.22 Prohibition of Fractional Ownership Projects. Fractional Ownership Projects are hereby prohibited within any zoning district other than the Lodging Zoning Districts (L-1, L-2 and L-3), as set forth in Section 16.02(A)(4). SECTION 3. That the Town of Fountain Hills Zoning Ordinance, Chapter 16, Lodging Zoning District, Section 16.02, Permitted Uses, is hereby amended by adding the following: A. Uses Permitted in the L-1, L-2 and L-3 Zoning Districts. 4. Fractional Ownership Projects, provided that no signage shall be permitted that identifies an individual dwelling unit as a Fraction Ownership unit. SECTION 4. That if any provision or any portion of any provision of this Ordinance is for any,reason held to be unconstitutional or otherwise unenforceable by a court of competent takir jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent of the remaining provisions of this Ordinance and shall be severed therefrom without affecting the validity of the remaining portions of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, March 16, 2006. FOR THE TO OF FOUN IN HILLS: ATTESTED TO: W. . ichols M or Bevelyn J. Bend , To Clerk REVIEWED B APP ED AS TO FORM: Timothy . Pickering, Town Manager Andrew J. McGuire, Town Attorney L 637184.1 2