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HomeMy WebLinkAboutOrd 2021-15 ORDINANCE NO. 21-15 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, AMENDING SECTION 1.10, VIOLATION AND PENALTY, SECTION 20.15, PENALTIES, AND SECTION 21.12 AND VIOLATIONS AND PENALTIES 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 1, Introduction, by amending Section 1.10 Violation and Penalty, to change from a misdemeanor to a civil penalty, amending Chapter 20, Saguaro Cactus Preservation, Section 20.15, Penalties, to reference the Penalty section in 1-8-2 of the Town Code, amending Chapter 21, Adult Business Zoning Regulations, and Section 21.12, Violations and Penalties, to change the reference for the penalty from Zoning Ordinance Section 1.10 and to Town Code Section 1-8-2; 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 September 1 and 8, 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 September 21, 2021. ENACTMENT: 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 1, Introduction, by amending Section 1.10, Violation and Penalty, is amended as follows: Section 1.10 Violation and Penalty It is hereby declared to be unlawful to construct, erect, install, alter, change, demolish, maintain, or use any house, building, structure, or fence, or to use any lot or parcel contrary to, or in violation of, any provision of this ordinance. Any person, firm, or corporation, found to be violating any of the provisions of this zoning ordinance and any amendments thereto, shall be guilty of a misdemeanor CIVIL INFRACTION and is subject to punishment provided in Article 1-8 of the Town Code. ORDINANCE 21-15 PAGE 2 SECTION 3. The Zoning Ordinance, Chapter 20, Saguaro Cactus Preservation, Section 20.15, Penalties, A. is amended as follows: A. IN ADDITION TO APPLICABLE CRIMINAL PENALTIES UNDER ARIZONA LAW, VIOLATIONS OF THIS SAGUARO CACTUS PRESERVATION ORDINANCE SHALL BE SUBJECT TO THE PROVISIONS OF THE FOUNTAIN HILLS TOWN CODE, SECTION 1-8-2 REGARDING CRIMINAL PENALTIES. SECTION 4. The Zoning Ordinance, Chapter 21, Adult Business Zoning Regulations, Section 21.12, Violations and Penalties, is amended as follows: In addition to applicable criminal penalties under Arizona law, , violations of this Adult Business Ordinance shall be subject to the provisions of Z-on-449-Gr-d-iilaaaeT-Sestionalation-and-Penaltyr as-well-as the Fountain Hills Town Code, SECTIONActisle 1-8-24 REGARDING CRIMINAL PENALTIESPoaatty. SECTION 5. 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 6. 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. SECTION 7. In accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the laws of the State of Arizona, the City/Town Council has considered the individual property rights and personal liberties of the residents of the City/Town and the probable impact of the proposed ordinance on the cost to construct housing for sale or rent before adopting this ordinance PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 21st day of September, 2021. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Elizabet�1 lein(Sep 23,202108:23 PDT) Ginn Dick ayor Elizabeth A. Klein,Town Clerk REVIEWED BY: APPROVED AS TO FORM: V- ,4g- Grady E. Mil • wn Manager Aaron D. Arnson, Town Attorney