HomeMy WebLinkAboutOrd 2021-10 ORDINANCE NO. 21-10
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE, CHAPTER 5, SECTION 5.07 B. 7. AS IT PERTAINS TO
EXCEPTIONS TO HEIGHT LIMITS FOR FLAGPOLES
RECITALS:
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, by amending Section 5.07 B., Exceptions, to modify item 7 regarding exceptions for
flagpoles to remove the limitation on the content of the flag; 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 August 26, 2020,
September 2, 2020, April 28, 2021, and May 5, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
September 14, 2020 and by the Town Council on May 18, 2021.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 5, (General Provisions), Section 5.07 B., Exceptions
is amended as follows:
7. In any zoning district, one flagpole per lot flying the America„ Flag Arizona State
so located and constructed if it should collapse,
its reclining length would be contained on the property on which it was constructed. In any
commercial or industrial zoning district, one flagpole flying the American Flag Arizona State
may be located per lot in a required front yard or
street side yard setback as long as the flagpole does not exceed the building height permitted in
the underlying zoning district.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
for any reason held to be unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to execute all documents and take all steps necessary to carry out the
purpose and intent of this Ordinance.
ORDINANCE 21-10 PAGE 2
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
18th day of May, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
t i citAa.
Gin Dickey, ayor lizab A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
L- ,4e 64 1 r Greedy 1401er -4.
Grady E. Miller, Town Manager aron D. Arnson, Town Attorney