HomeMy WebLinkAboutOrd 1996-35 ORDINANCE #96-35
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE CHAPTER
5,OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS
BY ADDING SECTION 5.21 TEMPORARY CONSTRUCTION
EQUIPMENT AND STORAGE YARDS FOR CONSTRUCTION ACTIVITY
IN PUBLIC RIGHTS-OF-WAY AND EASEMENTS TO PERMIT THE
LOCATION OF CONSTRUCTION EQUIPMENT AND STORAGE YARDS
FOR CONSTRUCTION ACTIVITIES IN PUBLIC RIGHTS-OF-WAY AND
EASEMENTS IN ANY ZONING DISTRICT BY TEMPORARY USE
PERMIT ONLY.
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 Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills,
provides for a procedure to amend said ordinance, and
WHEREAS The Town of Fountain Hills desires to provide for a permission procedure for
construction companies perform work in public rights-of-way and easement to
establish off-site construction equipment and storage yards in any zoning district;
and
WHEREAS The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for
the Town of Fountain Hills have been followed; and
WHEREAS The Town of Fountain Hills has advertised the proposed addition of the text in
Chapter 5, of the Zoning Ordinance of the Town of Fountain Hills, that would
allow construction equipment and storage yards by temporary use permit for
construction projects taking place in the public rights-of-way and easements in
the official newspaper of general circulation, The Times of Fountain Hills on
August 28, September 4, 11, and 18, 1996; and
WHEREAS The Planning and Zoning Commission's public hearing and the Town Council's
public hearing was advertised in the official newspaper of general circulation, The
Times of Fountain Hills on August 28, September 4, 11, and 18, 1996; and
WHEREAS Public hearings were held by the Fountain Hills Planning and Zoning Commission
on September 12, 1996 and by the Fountain Hills Town Council on September 19,
1996;
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NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. Revisions to Chapter 5 of the Zoning Ordinance for the Town of Fountain Hills
is amended as follows, with the underlined areas showing additions:
5.21 Temporary Construction Equipment and Storage Yards for Construction Activity in Public
Rights-of-Way and Easements. Construction equipment and material storage for projects
in public rights-of-way and easements may be allowed in any zoning district, except the
Open Space Recreational Zoning District, with a temporary use permit. At a minimum,
the following regulations are placed upon any such a use:
A. No outdoor lighting shall be permitted in residentially zoned areas. Any
outdoor lighting in commercial or industrial zoned areas shall be placed so
as to reflect light away from any adjoining residential uses.
B. The construction equipment and storage yards shall be enclosed by a fence
at least six feet and not more than eight feet in height to provide effective
site screening from adjoining properties, uses or streets by the use of
fencing materials that obscures at least ninety-five percent of wall plane
of the fence.
C. The fence shall not encroach into the required front yard or street side yard
areas of the lot or parcel.
D. There shall be no automobile parking, equipment parking, or material
storage outside of the fenced area.
E. All employee parking shall be within the approved fenced construction
equipment and storage yard.
F. All uses shall be maintained in such a manner that they are neither
obnoxious nor offensive by reason of emission of odor, dust, smoke, gas,
noise, vibration, electromagnetic disturbance, radiation or other similar
causes detrimental to the public health, safety or general welfare.
G. The storage yard must be surfaced with a dust free material approved by
the Town Engineer.
H. All activities in the construction equipment and storage yard shall conform
to the time limitations specified in Article 7-6 of the Town Code.
I. Only the areas which have a slope of less than fifteen percent (15%) and
the percentage of the aggregate area with a slope of fifteen percent (15%)
or greater that does not exceed the maximum lot coverage allowance as
prescribed in the respective primary zoning district may be disturbed.
J. No site may be permitted for more than six (6) months.
K. Vegetation shall be reestablished on all exposed fill slopes, cut slopes, and
graded surfaces by means of a mixture of grasses, shrubs, trees or cacti to
provide a basic ground cover which will prevent erosion and permit natural
revegetation upon removal of the construction equipment and storage yard
activity. Revegetation plans must be submitted to and approved by the
Town of Fountain Hills prior to the granting of the temporary use permit.
Revegetation of cut and fill slopes shall be done in such fashion as to
restore those graded slopes to an appearance approximating, as closely as
possible, their natural state. Indigenous plan materials or low water usage
shrubs, trees and grasses must be used.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this nineteenth day of September, 1996.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jerry es, May Cassie B. Hansen, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Paul L. Nordin, Town Manager William E. Farrell, ' own Attorney