HomeMy WebLinkAboutOrd 2006-26 ORDINANCE NO. 06-26
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AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 9, OPEN SPACE ZONING
DISTRICT (OSC AND OSR AND OSP), SECTION 9.03 USES SUBJECT TO
TEMPORARY USE PERMIT IN THE "OSR" ZONING DISTRICT: MASTER-
PLANNED VILLAGE SALES AND INFORMATION CENTER WITHIN A
CLUBHOUSE; CHAPTER 10, SINGT F-FAMILY RESIDENTIAL ZONING
DISTRICTS: R-190, R1-43,R1-35, R1-35H, R1-18, R1-10,R1-10A, R1-8, R1-8A,
R1-6, R1-6A, SECTION 10.03 USES SUBJECT TO TEMPORARY USE
PERMIT; AND CHAPTER 11, MULTI-FAMILY ZONING DISTRICTS M-1, M-
2, M-3, R-2, R-3, R-4 AND R-5, SECTION 11.04 USES SUBJECT TO
TEMPORARY USE PERMIT, RELATING TO THE SALE OF LOTS, THE
RESALE OF LOTS AND THE SALE OF COUNTRY CLUB MEMBERSHIPS
AS AN ACCESSORY USE.
WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22 on
November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the
"Zoning Ordinance"); and
WHEREAS, the Town desires to amend the Zoning Ordinance to revise portions of
Chapters 9, 10 and 11 relating to Master-Planned Village Sales and Information Centers; and
WHEREAS, the sale of lots is the main purpose of a Master-Planned Village Sales and
Information Center; and
WHEREAS, the resale of lots is a commercial use not appropriate in a Master-Planned
Villages Sales and Information Center and better suited in commercial zoning; and
WHEREAS, the sale of country club memberships is not a primary purpose of a Master-
Planned Village Sales and Information Center, but such sales may be appropriate as an accessory
use; 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 4, 2006
edition of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on October 26, 2006, and by the Mayor and Council of the Town of Fountain Hills
on December 7, 2006.
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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 9, Open Space
Zoning District (OSC and OSR and OSP), Section 9.03, Uses Subject to Temporary Use Permit
in the "OSR" Zoning District: Master-Planned Village Sales and Information Center Within a
Clubhouse, Subsection 2, is hereby amended as follows:
2. The center shall be for the purpose of marketing the specific master-planned
village, THE SALE OF LOTS IN THE MASTER-PLANNED VILLAGE and the
distribution of material concerning the attributes of the Town and surrounding
areas. The office may not be used as an office for the sale of houses, THE
RESALE OF LOTS, subdivisions with model homes, +ior property outside of the
master-planned village. THE SALE OF COUNTRY CLUB MEMBERSHIPS
WITHIN THE MASTER-PLANNED VILLAGE IS PERMITTED AS AN
ACCESSORY USE.
SECTION 2. That the Town of Fountain Hills Zoning Ordinance, Chapter 10, Single-
family Residential Zoning Districts: R-190, R1-43, R1-35, R1-35H, R1-18, R1-10, R1-10A, RI-
8, R1-8A, R1-6, R1-6A, Section10.03, Uses Subject to Temporary Use Permit, Subsection D,
Master-Planned Village and Information Center, Paragraph 2, is hereby amended as follows:
1116, 2. The center shall be for the purpose of marketing the specific master-planned
village, THE SALE OF LOTS IN THE MASTER-PLANNED VILLAGE and the
distribution of material concerning the attributes of the Town and surrounding
areas. The office may not be used as an office for the sale of houses, THE
RESALE OF LOTS, subdivisions with model homes, *or property outside of the
master-planned village. THE SALE OF COUNTRY CLUB MEMBERSHIPS
WITHIN THE MASTER-PLANNED VILLAGE IS PERMITTED AS AN
ACCESSORY USE.
SECTION 3. That the Town of Fountain Hills Zoning Ordinance, Chapter 11, Multi-
family Zoning Districts M-1, M-2, M-3, R-2, R-3, R-4 and R-5, Section 11.04, Uses Subject to
Temporary Use Permit, Subsection D, Master-Planned Village and Information Center,
Paragraph 2, is hereby amended as follows:
2. The center shall be for the purpose of marketing the specific master-planned
village, THE SALE OF LOTS IN THE MASTER-PLANNED VILLAGE and the
distribution of material concerning the attributes of the Town and surrounding
areas. The office may not be used as an office for the sale of houses, THE
RESALE OF LOTS, subdivisions with model homes, fror property outside of the
master-planned village. THE SALE OF COUNTRY CLUB MEMBERSHIPS
WITHIN THE MASTER-PLANNED VILLAGE IS PERMITTED AS AN
ACCESSORY USE.
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SECTION 4. That if any portion of any provision of this Ordinance is for any reason held
to be unconstitutional or otherwise unenforceable by a court of competent 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, November 16, 20 6.
FOR THE TOWN 0 OUNTAIN HILLS ATTESTED TO:
W. . Nichol Ma or Bevelyn J. B der, own Clerk
REVIE Y: APP VED AS TO FORM:
Timothy G. Pickering,Town Ma er Andrew J. McGuire, Town Attorney
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