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HomeMy WebLinkAboutOrd 2006-27 K • ORDINANCE NO. 06-27 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 1, INTRODUCTION,TO REMOVE PROVISIONS THEREIN RELATING TO PLANNING AND ZONING FEES AND THE POWERS AND DUTIES OF THE PLANNING AND ZONING COMMISSION AND THE BOARD OF ADJUSTMENT. 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 Mayor and Town Council of the Town of Fountain Hills (the "Town Council") desires to amend the Zoning Ordinance to revise portions of Chapter 1 to remove the provisions relating to planning and zoning fees, the Fountain Hills Planning and Zoning Commission (the "Commission") and the Board of Adjustment (the "Board") to remove inconsistencies with similar provisions in the Town Code; and WHEREAS, the Town Council desires, by separate ordinance, to amend the Town Code to incorporate all of the non-conflicting provisions deleted from the Zoning Ordinance; 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 18, 2006 edition of the Fountain Hills Times; and WHEREAS, public hearings were held by the Commission on November 9, 2006, and by the Mayor and Council of the Town of Fountain Hills on December 7, 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 1.05, Council to Establish Fees, is hereby amended as follows: Section 1.05 Council to Establish Fees. The Common Council of the Town of Fountain Hills may from time to time establish and set b.f fesokitien the amount of charges for all planning and zoning applications within the jurisdiction of the Town of Fountain Hills EITHER BY INCLUSION OF SUCH CHARGES IN THE TOWN'S ANNUAL BUDGET OR BY SEPARATE RESOLUTION. SECTION 2. That the Town of Fountain Hills Zoning Ordinance, Chapter 1, Introduction, Section 1.06, Planning and Zoning Commission, is hereby deleted in its entirety and replaced with the following: 688449.1 Section 1.06 Planning and Zoning Commission. There shall be a Planning and Zoning Commission for the Town of Fountain Hills, with membership, powers, duties and responsibilities as set forth in article 2-7 of the Town Code, as amended. SECTION 3. That the Town of Fountain Hills Zoning Ordinance, Chapter 1, Introduction, Section 1.07, Board of Adjustment, is hereby deleted in its entirety and replaced with the following: Section 1.07 Board of Adjustment. There shall be a Board of Adjustment for the Town of Fountain Hills, with membership, powers, duties and responsibilities as set forth in article 2-8 of the Town Code, as amended. 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, Decemb r 7, 2006. FOR THE T N OF FOUNTAIN HILLS ATTESTED TO: . J. is o , ayor Bevelyn J. B der own Clerk REVI BY: AP ROVED AS TO FORM: c• )(A Timothy G. Pickering, Town nager Andrew J. McGuire,Town Attorney 688449.1 2