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HomeMy WebLinkAboutOrd 2007-04 ORDINANCE NO. 07-04 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5, GENERAL PROVISIONS, SECTION 5.09, WALLS AND FENCES, RELATING TO REQUIREMENTS FOR WALL FINISHES. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") 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 Council desires to amend the Zoning Ordinance to revise Chapter 5, General Provisions, Section 5.09,Walls and Fences, to enhance requirements for finish materials for walls and fences; 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 March 14, 2007, edition of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on March 22, 2007, and by the Town Council on April 19, 2007. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Zoning Ordinance, Chapter 5, General Provisions, Section 5.09, Walls and Fences, Subsection 5.09(C), Materials and Design, is hereby amended as followed: C. Materials and Design. Fences and walls in all Zoning Districts shall be constructed of material in good repair and be of conventional design. THE EXTERIOR OF ANY WALL OR FENCE MUST BE FINISHED USING PAINT, STUCCO, DECORATIVE BLOCK, OR ANY SIMILAR PROCESS OR FINISH APPROVED BY THE ZONING ADMINISTRATOR. SECTION 2. 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 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. [SIGNATURES ON FOLLOWING PAGE] 725469.2 PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, April 19, 2007. FOR THE TOW OF FOUNTAIN HILLS: ATTESTED TO: W. J. Nich ls, a or Bevelyn J. B der own Clerk REVI ED BY: APPROVED AS TO FORM: OL/ Timothy G. Pickering, Town ager Andrew J. McGui e, Town Attorney L L 725469.2 2