Loading...
HomeMy WebLinkAboutOrd 2006-30 ems. S ORDINANCE NO. 06-30 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS TOWN CODE, CHAPTER 2, MAYOR AND COUNCIL, ARTICLE 2-7, PLANNING AND ZONING COMMISSION AND ARTICLE 2-8, BOARD OF ADJUSTMENT, RELATING TO APPOINTMENT, POWERS AND DUTIES. WHEREAS, the Fountain Hills Town Code (the "Town Code") and the Fountain Hills Zoning Ordinance (the "Zoning Ordinance") contain conflicting provisions relating to the appointment, powers and duties of the Planning and Zoning Commission and the Board of Adjustment; and WHEREAS, the Town Council desires to amend the Town Code to incorporate provisions deleted from the Zoning Ordinance to provide for a single document setting forth the provisions relating to the appointment, powers and duties of the Planning and Zoning Commission and the Board of Adjustment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Fountain Hills Town Code, Chapter 2, Mayor and Council, Article 2-7, Planning and Zoning Commission, Section 2-7-2, Membership, Subsection A, is hereby amended as follows: The planning and zoning commission shall be composed of a total of seven members who shall be residents of the town. The members of the commission shall be appointed by the mayor, subject to the approval of the council. These appointments shall be for a period of two years each, with the terms of members so staggered that the terms of no more than four members shall expire in any one-year. The initial appointments shall be for three members with terms beginning on October 1, 1990, and expiring on September 30, 1991; for four members with terms beginning on October 1, 1990 and expiring on September 30, 1992. Thereafter all members shall be appointed for full two-year terms, except that in the event of death or resignation of a member, the vacancy may be filled for the unexpired term. The term of all members shall extend until their successors are APPOINTED AND qualified;. MEMBERS SHALL SERVE AT THE WILL AND PLEASURE OF THE COUNCIL. However, three successive unexcused or unexplained absences from any regular or special meeting shall be grounds for termination at the will and pleasure of the appointing authority RESULT IN AUTOMATIC REMOVAL without the necessity of a hearing or notice and such action shall be final. L 693641.1 mow. SECTION 2. That the Fountain Hills Town Code, Chapter 2, Mayor and Council, Article 2-7,Planning and Zoning Commission, Section 2-7-3, Officers, is hereby amended as follows: The commission shall elect a chair and vice-chair from among its own members, who shall serve for one year and until their successors are elected and qualified. The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The chair shall have the power to administer oaths and to take evidence. The vice-chair shall perform the duties of the chair in the latter's absence or disability. Vacancies created by any cause shall be filled for the unexpired term by a new election. SECTION 3. That the Fountain Hills Town Code, Chapter 2, Mayor and Council, Article 2-7, Planning and Zoning Commission, Section 2-7-4, Duties, is hereby deleted in its entirety and replaced with the following: It shall be the duty of the Commission: 1. To formulate and administer any lawful plan duly adopted by the Council for growth and development. 2. To make or cause to be made a continuous study of the best and future use to which land and buildings shall be put within the Town of Fountain Hills. coy 3. To recommend to the Council revisions in such plans that, in the opinion of the Commission, are in the best interest of the citizens of the Town of Fountain Hills. 4. To hold public hearings when necessary or when required by law. 5. To make recommendations to the Council on all matters concerning or relating to the creation of Zoning Ordinances, the boundaries thereof, the appropriate regulations to be enforced therein, and amendments of this ordinance. 6. To carry out the specific duties as prescribed by this ordinance. 7. To undertake all activities usually associated therewith and commonly known as "planning and zoning;" provided, however, that commission members shall not interfere with, or participate in, the administrative duties of the Town's Planning and Zoning Division. 8. To confer and advise with other town, county, regional, or state planning agencies and Commissions. SECTION 4. That the Fountain Hills Town Code, Chapter 2, Mayor and Council, Article 2-7, Planning and Zoning Commission, Section 2-7-5, Meetings, is hereby renamed "Meetings; Rules;Minutes" and amended as follows: L 693641.1 2 Section 2-7-5 Meetings; RULES; MINUTES. cor ALL MEETINGS OF THE COMMISSION SHALL BE OPEN TO THE PUBLIC IN ACCORDANCE WITH STATE LAW. The commission COUNCIL shall provide in its rules OF PROCEDURE FOR THE COMMISSION RELATING TO THE CONDUCT OF ITS MEMBERS AND ITS MEETINGS. for its meetings; provided, however, that special meetings may be called by the chair or in his or her absence the vice chair. In addition, any three members of the commis: y—ake :.:itten :e;uest tc the chair for a special meeting and in the event such meeting not lled, such members m y cal a special meeting in such manner and form as may be provided in the commission rules. THE MINUTES OF ALL COMMISSION PROCEEDINGS SHALL BE FILED IN THE OFFICE OF THE TOWN CLERK. SECTION 5. That the Fountain Hills Town Code, Chapter 2, Mayor and Council, Article 2-7, Planning and Zoning Commission, Section 2-7-6, Conduction of Business, is hereby amended as follows: Four members shall constitute a quorum. The affirmative vote of four members A MAJORITY OF A QUORUM shall be required for passage of any matter before the commission. In this connection, the minutes of the meetings shall reflect the "ayes" and "noesNAYES" cast on a particular measure and shall reflect the vote of each member present. A member may abstain from voting only upon a declaration that he or she has a conflict of interest, in which case such member shall take no part in the deliberations on the matter in question. SECTION 6. That the Fountain Hills Town Code, Chapter 2, Mayor and Council, Article 2-7,Planning and Zoning Commission, Section 2-7-7, Fees, is hereby amended as follows: The COUNCIL shall be authorized to establish a uniform schedule of fees for services RELATING TO PLANNING AND ZONING, EITHER AS PART OF ITS ADOPTION OF THE TOWN'S ANNUAL BUDGET OR BY SEPARATE RESOLUTION with all receipts to be paid into the general fund of the town. Such fee schedules shall become effective upon approval by the council. SECTION 7. That the Fountain Hills Town Code, Chapter 2, Mayor and Council, Article 2-8, Board of Adjustment, Section 2-8-2, Membership, Subsection A, is hereby amended as follows: The board of adjustment shall be composed of a total of five members who shall be residents of the town. The members of the board shall be appointed by the mayor, subject to the approval of the council. These appointments shall be for a period of two years each, with the terms of members so staggered that the terms of no more than three member shall expire in any one year. The initial appointments shall be for three members with terms beginning February 1, 1991, and expiring on January 31, 1993; for two members with terms beginning on February 1, 1991 and expiring on January 31, 1992. Thereafter all members shall be appointed for full two year terms, except that in the event of death or resignation of a member, the vacancy may be filled for the unexpired 693641.1 3 term. The term of all members shall extend until their successors are APPOINTED AND qualified;. MEMBERS SHALL SERVE AT THE WILL AND PLEASURE OF THE COUNCIL. provided, hHowever, three successive unexcused or unexplained absences from any regular or special meeting shall be grounds for termination at the will and RESULT IN AUTOMATIC REMOVAL without the necessity of a hearing or notice and such action shall be final. SECTION 8. That the Fountain Hills Town Code, Chapter 2, Mayor and Council, Article 2-8, Board of Adjustment, Section 2-8-9, Filing Fees for Appeals, Subsection A, is hereby amended as follows: Upon filing an application for appeal, the appellant shall pay a filing fee in an amount established by a schedule adopted BY THE COUNCIL AS PART OF THE TOWN'S ANNUAL BUDGET OR by SEPARATE resolution of the council and filed in the offices of the town clerk. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the petitioner is the town, county, state or federal government. SECTION 9. 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,December 7, 2006. FOR THE TO OF FOUNTAIN HILLS ATTESTED TO: W. J. Nic of , Bevelyn J. B der own Clerk REVIEWED APPROVED AS TO FORM: 3fout, Timothy G. i kering,Town M ger Andrew J. McGuire, Town Attorney L 693641.1 4