HomeMy WebLinkAboutOrd 1997-39 ORDINANCE #97-39
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE CHAPTER
12, SECTION 12.05 USES SUBJECT TO SPECIAL USE PERMITS IN C-2
ZONING DISTRICTS ONLY AND SECTION 12.06 USES SUBJECT TO
SPECIAL USE PERMITS IN C-3 ZONING DISTRICTS ONLY OF THE
ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS,
PURSUANT TO CHAPTER 2, SECTION 2.01 OF ZONING ORDINANCE
FOR THE TOWN OF FOUNTAIN HILLS.
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 permit vehicle storage yards by special use
permit in the C-2 and C-3 zoning districts by special use permit only; and
WHEREAS The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for
irkitw the Town of Fountain Hills has been followed; and
WHEREAS The Town of Fountain Hills has written expanded text of Chapter 12, Sections
12.05 and 12.06 of the Zoning Ordinance of the Town of Fountain Hills and
published these proposed text changes in the official newspaper of general
circulation, The Times of Fountain Hills on October 8, 15, 22, 29, and November
5, 1997; and
WHEREAS The Planning and Zoning Commission's public hearing was advertised in the
October 8, 15, and 22, 1997, editions of The Times of Fountain Hills, and the
Town Council public hearing was advertised in the October 8, 15, 22, and
November 5, 1997, editions of The Times of Fountain Hills, pursuant to Arizona
Revised Statutes §9-462.04, and
WHEREAS Public hearings were held by the Fountain Hills Planning and Zoning Commission
on October 23, 1997 and by the Fountain Hills Town Council on November 6,
1997.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Ordinance#97-39 AS /FAIL - Page 1 of 6
MOTION 'jorr° -
COUNT ._ S" ) \J
Section 1. Chapter 12 Sections 12.05 and 12.06 of the Zoning Ordinance for the Town of
Fountain Hills is amended as follows, with the "large, bold, small capital" text as
the proposed new additional language:
CHAPTER 12
COMMERCIAL ZONING DISTRICTS
12.05 Uses Subject to Special Use Permits in C-2 Zoning Districts Only:
I. VEHICLE STORAGE FACILITIES. AT A MINIMUM, THE FOLLOWING
REGULATIONS ARE PLACED UPON ANY SUCH A USE:
1. ANY OUTDOOR LIGHTING SHALL BE PLACED SO AS TO
REFLECT LIGHT AWAY FROM ANY ADJOINING RESIDENTIAL
ZONING DISTRICT.
2. REQUIRED YARDS ADJACENT TO ANY STREET SHALL BE
LANDSCAPED AND SHALL NOT BE OCCUPIED BY ANY USE OR
STRUCTURE INCLUDING PARKING OR LOADING SPACES
EXCEPT FOR DRIVES AND ROADWAYS, SIGNS AND LIGHTING
AS PERMITTED IN THIS ORDINANCE.
3. SITE ENCLOSURE AND SCREENING REQUIREMENTS. THE
VEHICLE STORAGE FACILITIES SHALL BE ENCLOSED TO
PROVIDE EFFECTIVE SITE SCREENING FROM ADJOINING
PROPERTIES, USES OR STREETS BY THE USE OF EIGHT (8)
FOOT HIGH SOLID MASONRY WALLS. THE VEHICLE
STORAGE FACILITY ENCLOSURE SHALL NOT ENCROACH
INTO ANY REQUIRED SETBACK AREA.
4. ALL VEHICLES BEING STORED OR PARKED SHALL BE
LICENSED AND BE IN OPERATING ORDER. No WRECKED OR
INOPERABLE VEHICLES MAY BE STORED IN A VEHICLE
STORAGE FACILITY.
5. LANDSCAPE REQUIREMENTS. MINIMUM SITE LANDSCAPE
REQUIREMENTS ARE AS FOLLOWS: (NOTE: THE TOWN
city
Ordinance#97-39 Page 2 of 6
COUNCIL OR THE PLANNING AND ZONING COMMISSION
MAY IMPOSE ADDITIONAL LANDSCAPE REQUIREMENTS.)
A. ANY PART OF A SITE NOT USED FOR BUILDINGS,
PARKING, DRIVEWAYS, STORAGE YARD, SIDEWALKS,
ETC. SHALL BE LANDSCAPED AND MAINTAINED IN
ACCORDANCE WITH AN APPROVED LANDSCAPE PLAN.
B. LANDSCAPED AREAS SHALL INCLUDE AN APPROVED
MIXTURE OF DROUGHT TOLERANT OR OTHER PLANT
MATERIALS, AND ORGANIC AND NON-ORGANIC
GROUND COVER MATERIALS. LANDSCAPING SHALL
CONSIST OF ONE PLANT FOR EACH 20 SQUARE FEET
OF LANDSCAPE AREA. AT LEAST TWENTY-FIVE (25)
PERCENT OF THE PLANTS SHALL BE 15 GALLON OR
GREATER PLANTS AND THE REMAINING PLANTS MUST
BE AT LEAST FIVE GALLON PLANTS. THE APPROVAL
OF THE ABOVE MIXTURE OF LANDSCAPE MATERIALS
SHALL BE BY THE COMMUNITY DEVELOPMENT
DEPARTMENT STAFF WITH APPEAL TO THE PLANNING
,,, AND ZONING COMMISSION.
C. AN AUTOMATIC IRRIGATION SYSTEM SHALL BE
PROVIDED AND MAINTAINED TO ALL LANDSCAPED
AREAS REQUIRING WATER.
D. ALL LANDSCAPED AREAS ADJACENT TO VEHICULAR
PARKING AND ACCESS AREAS SHALL BE PROTECTED
BY SIX (6) INCH VERTICAL CONCRETE CURBING IN
ORDER TO CONTROL STORM WATER FLOWS AND
MINIMIZE DAMAGE BY VEHICULAR TRAFFIC.
6. 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,
L
Ordinance#97-39 Page 3 of 6
VIBRATION, ELECTROMAGNETIC DISTURBANCE, RADIATION
OR OTHER SIMILAR CAUSES DETRIMENTAL TO THE PUBLIC
HEALTH, SAFETY OR GENERAL WELFARE.
7. THE STORAGE YARD MUST BE SURFACED WITH A DUST FREE
MATERIAL APPROVED BY THE TOWN ENGINEER.
12.06 Uses Subject to Special Use Permits in C-3 Zoning Districts Only
3. VEHICLE STORAGE FACILITIES. AT A MINIMUM, THE FOLLOWING
REGULATIONS ARE PLACED UPON ANY SUCH A USE:
A. ANY OUTDOOR LIGHTING SHALL BE PLACED SO AS TO
REFLECT LIGHT AWAY FROM ANY ADJOINING RESIDENTIAL
ZONING DISTRICT.
B. REQUIRED YARDS ADJACENT TO ANY STREET SHALL BE
LANDSCAPED AND SHALL NOT BE OCCUPIED BY ANY USE OR
STRUCTURE INCLUDING PARKING OR LOADING SPACES
EXCEPT FOR DRIVES AND ROADWAYS, SIGNS AND LIGHTING
AS PERMITTED IN THIS ORDINANCE.
C. SITE ENCLOSURE AND SCREENING REQUIREMENTS. THE
VEHICLE STORAGE FACILITIES SHALL BE ENCLOSED TO
PROVIDE EFFECTIVE SITE SCREENING FROM ADJOINING
PROPERTIES, USES OR STREETS BY THE USE OF EIGHT (8)
FOOT HIGH SOLID MASONRY WALLS. THE VEHICLE
STORAGE FACILITY ENCLOSURE SHALL NOT ENCROACH
INTO ANY REQUIRED SETBACK AREA.
D. ALL VEHICLES BEING STORED OR PARKED SHALL BE
LICENSED AND BE IN OPERATING ORDER. NO WRECKED OR
INOPERABLE VEHICLES MAY BE STORED IN A VEHICLE
STORAGE FACILITY.
E. LANDSCAPE REQUIREMENTS. MINIMUM SITE LANDSCAPE
REQUIREMENTS ARE AS FOLLOWS: (NOTE: THE TOWN
COUNCIL OR THE PLANNING AND ZONING COMMISSION
MAY IMPOSE ADDITIONAL LANDSCAPE REQUIREMENTS.)
L
Ordinance#97-39 Page 4 of 6
(1) ANY PART OF A SITE NOT USED FOR BUILDINGS,
PARKING, DRIVEWAYS, STORAGE YARD, SIDEWALKS,
ETC. SHALL BE LANDSCAPED AND MAINTAINED IN
ACCORDANCE WITH AN APPROVED LANDSCAPE PLAN.
(2) LANDSCAPED AREAS SHALL INCLUDE AN APPROVED
MIXTURE OF DROUGHT TOLERANT OR OTHER PLANT
MATERIALS, AND ORGANIC AND NON-ORGANIC
GROUND COVER MATERIALS. LANDSCAPING SHALL
CONSIST OF ONE PLANT FOR EACH 20 SQUARE FEET
OF LANDSCAPE AREA. AT LEAST TWENTY-FIVE (25)
PERCENT OF THE PLANTS SHALL BE 15 GALLON OR
GREATER PLANTS AND THE REMAINING PLANTS MUST
BE AT LEAST FIVE GALLON PLANTS. THE APPROVAL
OF THE ABOVE MIXTURE OF LANDSCAPE MATERIALS
SHALL BE BY THE COMMUNITY DEVELOPMENT
DEPARTMENT STAFF WITH APPEAL TO THE PLANNING
AND ZONING COMMISSION.
(3) AN AUTOMATIC IRRIGATION SYSTEM SHALL BE
PROVIDED AND MAINTAINED TO ALL LANDSCAPED
AREAS REQUIRING WATER.
(4) ALL LANDSCAPED AREAS ADJACENT TO VEHICULAR
PARKING AND ACCESS AREAS SHALL BE PROTECTED
BY SIX (6) INCH VERTICAL CONCRETE CURBING IN
ORDER TO CONTROL STORM WATER FLOWS AND
MINIMIZE DAMAGE BY VEHICULAR TRAFFIC.
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
Ordinance#97-39 Page 5 of 6
MATERIAL APPROVED BY THE TOWN ENGINEER.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this sixth day of November, 1997.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
cJ
Jerry iles, ayor Cassie B. Hansen, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
/711"e" jAeMisz;°
aul L. Nor in, Town Manager illiam E. Farrell, Town Attorney
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Ordinance#97-39 Page 6 of 6