HomeMy WebLinkAboutOrd 1994-22ORDINANCE #94-22
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT TO
CHAPTER 2, SECTION 2.01 BY ADOPTING A PLANNED UNIT
DEVELOPMENT ZONING DISTRICT R1-10 R.U.P.D. #Z91-05, AND TO
AMEND THE OFFICIAL ZONING DISTRICTS MAP BY DESIGNATING
THIS ZONING DISTRICT ON PLAT #509.
WHEREAS The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993,
which adopted the Zoning Ordinance for the Town of Fountain Hills; and
WHEREAS The Town of Fountain Hills desires to add a planned unit development pursuant
to Chapter 2, Section 2.05; and
WHEREAS The Town of Fountain Hills desires to amend the official zoning districts map,
pursuant Chapter 3, Section 3.02 and Chapter 2, Section 2.01; and
® WHEREAS Public hearings were advertised in the November 27, 1993, December 4, 1993 and
December 11, 1993 editions of The Times of Fountain Hills and Rio Verde,
pursuant to Arizona Revised Statutes §9462.04, and
WHEREAS Public hearings were held by the Fountain Hills Planning and Zoning Commission
on December 12, 1993 and the Mayor and Common Council on December 19,
1993.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. Pursuant to Chapter 2, Section 2.05 of the Zoning Ordinance for the Town of
Fountain Hills shall be amended to permit an 'R1-10 R.U.P.D. Z91-05" zoning
district as follows:
SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS: R1-10 R.U.P.D. #Z91-05
10.01 Purpose.
R1-10 R.U.P.D. #Z91-05. Single -Family Residential Zoning District - 10,000 Square
® Feet Per Dwelling Unit. The principal purpose of this Zoning District is to conserve and
protect single-family residential development in Plat 509 where minimum lots of not less
PtA,bl;5h a �h� F.�l. i @c �a� 19 ��qy
® than ten thousand (10,000) square feet in area are suitable and appropriate, taking into
consideration existing conditions, including present use of land, present lot sizes, future
land use needs, and the availability of public utilities. Principal uses permitted in this
Zoning District include single-family dwellings, churches, schools, parks, playgrounds and
other community facilities.
10.02 Permitted Uses.
A. A building or premises shall be used only for the following purposes:
1. One (1) single-family dwelling per lot of record.
2. Churches, including accessory columbaria provided that the building area
of the columbaria shall not exceed ten (10) percent of the total building
area of the church building(s).
3. Public schools, kindergarten through the twelfth grade, and private schools
with curricula substantially the same as customarily offered in public
schools.
4. Public and private forests and wildlife reservations.
® 5. Utility Services, but not including public utility treatment and generating
plants or offices.
6. Publicly or privately owned or operated fire stations, and publicly owned
or operated police stations and post offices.
7. Golf courses including club houses located thereon, but not including
miniature courses or practice driving tees operated for commercial
purposes.
8. Libraries, museums, parks, playgrounds, and community buildings,
provided such uses are conducted on a non-profit basis.
9. Home Occupations as prescribed in Section 5.14.
10. Home Day Care Center in an operator's residence, with no swimming
pool, for five or less people, operation only between the hours of 6:00
A.M. and 8:00 P.M. No signage, or other evidence of a day care center is
permitted One additional off-street parking space is required.
® 11. Accessory buildings and uses customarily incidental to the above uses,
including those uses detailed in Section 5.10 of this Ordinance.
12. Group Homes for the Handicapped and Elderly Care, provided that:
® a. No such home is located on a lot that is within one thousand - two
hundred (1,200) feet, measured by a straight line in any direction
of the exterior lot lines of another group home for the handicapped
and elderly care;
b. No such home contains more than ten (10) residents;
C. Such home is licensed by the State of Arizona Department of
Health Services.
d. Such home is registered with, and administratively approved by the
Community Development Director or designee, as to compliance
with the standards of this Ordinance.
10.03 Uses Subject to Temporary Use Permit:
A. Day Care Center for the Care of More Than Five (5) People. A day care
center for the care of more than five (5) people is permitted by temporary use
permit only. A day care center for the care of more than five (5) people may be
operated in these Zoning Districts with the following minimal stipulations:
1. The Day Care Operator must reside in the house. If a non-residential
® facility is legally used for another purpose, such as a church building, this
requirement may be waived.
2. No more than ten (10) non-residents may be cared for in a residential
structure.
3. Only one non-resident employee may be allowed and one (1) additional
on-site parking space shall be required for this employee.
4. One non -tandem parking space shall be required for each five (5) persons,
or fraction thereof, allowed in the day care center.
5. Any operation of a Day Care Center prior to 6:00 A.M. and after 8:00
P.M. is permitted only by Special Use Permit.
6. Only one sign not to exceed two (2) square feet in size and mounted flatly
on the wall of the residence shall be permitted.
7. The play yard must be fenced with a minimum five (5) foot high fence.
8. No playground equipment and ornamental figures or designs denoting a
Day Care Center shall be allowed in front of the house line.
® 9. Any Day Care Facility with a swimming pool or other applicable body of
water as defined in Section 5.10.C. of this Ordinance must meet the
requirements for a pool enclosure described in that Section.
10. Any Day Care Center which cares for more than five (5) people shall be
licensed by the State of Arizona.
B. Bed and Breakfast. Bed and Breakfast operations may be permitted in these
zones by Temporary Use Permit only. At a minimum the following standards
shall apply.
1. No more than two (2) bedrooms per residence may be used for the
business.
2. No more than two (2) persons per room.
3. One off-street, non -tandem parking space per bedroom.
C. Model Homes. Model Homes may be permitted in a residential area by
Temporary Use Permit only. In the review for a model home, the staff, and if
necessary, the Town Council, may consider lighting, landscaping, hours of
operation, signage, parking, duration, and neighborhood impact. As a minimum,
®
the following standards shall apply:
1. On-site sales personnel must be present at least five (5) days a week
during normal business hours. In no case shall a model home be open
before 7:00 A.M. or after 9:00 P.M.
2. The model home shall be for the purpose of marketing the construction of
custom homes or a tract subdivision with a given product line in Fountain
Hills. A model home may not be used as an office for the marketing of
developed property, or the marketing of property outside of Fountain Hills.
10.04 General Provisions: The General Provisions in Chapter 5 herein shall apply.
10.05 Signs: All signs shall comply with Chapter 6 herein.
10.06 Parking Regulations: The parking regulations are as provided in Chapter 7 hereof.
10.07 Outdoor Lighting: All outdoor lighting shall conform to Chapter 8 herein.
10.08 Plan Review. The provisions of Chapter 2, Section 2.04 shall apply.
11
C
10.09 Density, Area, Building and Yard Regulations:
The chart which follows specifies the minimum lot sizes, lot coverage percentages,
maximum building heights, minimum yard setbacks and minimum lot width, and distance
between buildings.
FOLTNrAIN nILIS
ZONING ORDINANCE SUMMARY
SINGLE FA,Nm.Y DIWRICr
DLS'IRICC
AREA
WIDTH
BLDGi':?4>43'^:°;.^.;:;'p:r4LOT
DISTANCE
(SQ.FEET)
(FEED
HEIGHT
COVERAGE
BETWEEN
(FEET)
MINDAIJM YARD SETBACKS
BLDGS
(FEET)
FRONT
SIDE
STREET
REAR
SIDE
RI -10
10,000
60
30
20
7
20
20
30%
10
R.UP.D.
#91-05
SECTION 2. Pursuant to Chapter 2, Section 2.01 and Chapter 3, Section 3.02 of the Zoning Ordinance
of the Town of Fountain Hills, the Town of Fountain Hills, Arizona, amends the Zoning Districts map
of the Town of Fountain Hills by designating Plat 509 the "R1-10 R.U.P.D. #Z91-05".
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 04%
day of Oe -+D& r
FOR THE TOWN OF FOUNTAIN HILLS:
REVIEWED BY:
11C-2,�/��
Paul L. Nordin, Town Manager
ATTESTED TO:
1994.
o,,, 6 1,L, -
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
William E. Farrell, Town Attorney