HomeMy WebLinkAboutOrd 1998-02 ORDINANCE 98-02
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEXT OF THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, ARIZONA PURSUANT
TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE
TOWN OF FOUNTAIN HILLS TO AMEND THE "PLANNED SHOPPING PLAZA
OVERLAY DISTRICT".
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 On October 1, 1992, the Town Council adopted Ordinance #92-09 to establish the
"Planned Shopping Plaza Overlay District" to permit one hundred lot coverage,
and the use of common parking lots to meet off-street parking requirements for
lots 10,800 square feet or less on Blocks 3, 4, 5, and 6, of Plat #208; and
WHEREAS Ordinance#92-09 did not provide the allowance of common parking lot utilization
when lots that were 10,800 square or less on January 1, 1992 are subsequently
combined to a size greater than 10,800 square feet; and
WHEREAS The Town of Fountain Hills wants to encourage the development and economic
viability of the Plat #208 area; and
WHEREAS The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for
the Town of Fountain Hills has been followed; and
WHEREAS The Town of Fountain Hills has advertised the proposed text changes in the
official newspaper of general circulation, The Times of Fountain Hills on
December 24, 31, 1997 and January 7, and 14, 1998 by showing the deletion of
certain items within the text of Ordinance #92-09, in the "strike-out" form, and
has shown the additions to the text in bold large letters; 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 December 24, 31, 1997 and January 7, and 14, 1998;
and
WHEREAS Public hearings were held by the Fountain Hills Planning and Zoning Commission
on January 8, 1998, and by the Fountain Hills Town Council on January 15, 1998.
Ordinance#98-02 ' ASS' FAIL ) I S - 9 Page 1 of 6
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BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. Ordinance #92-09 of the Town of Fountain Hills is hereby amended by updating
code references to the November 18, 1993 Zoning Ordinance for the Town of
Fountain Hills, as amended, and by adding language to permit the common
parking lots in Blocks 3, 4, 5, and 6, of Plat #208, to be utilized to fulfill the off-
street parking requirements for the lots in these respective blocks that were 10,800
square feet or less as of January 1, 1992, even if these are combined to exceed
10,800 square feet in size. The large bold letters are the additions and the letters
shown with strike-outs are the deletions.
ARTICLE XL. PLANNED SHOPPING PLAZA OVERLAY DISTRICT.
40.1 Purpose. The Planned Shopping Plaza Overlay District is to provide an
overlay zoning district for commercially zoned property that is platted as
an unified center. The intent of this district is to integrate commercial
activity and professional offices with visitor attractions and parks.
40.2 Uses Permitted. Uses permitted in the District shall be those uses
permitted in Article XIX The Zoning Ordinance for the Town of
Fountain Hills, Chapter 12, Commercial Zoning Districts,
Sections 12.02.B.C. for the (C-2) Zoning District f this ordinance
Those uses permitted by Special Use Permit shall be those uses specified
in Chapter 12 Commercial Zoning Districts, Sections 12.03.
Article XXVII of this ordinance.
40.3 Signs. The Sign Regulations specified in Chapter 6 of The Zoning
Ordinance for the Town of Fountain Hills Article XIX of this
ordinance shall be the sign regulations of this district.
40.4 Height Regulations. The height of buildings shall not exceed thirty (30)
feet or three (3) stories, whichever is less.
40.5 Development Regulations.
A. Front Yard:
1. Lots 10,800 square feet and under: None required, except
on corner lots, where sight triangle requirements must be
met.
(.w Ordinance #98-02 Page 2 of 6
2. Lots over 10,800 square feet: Ten (10) feet. On corner
(r lots, the minimum sight triangle distance shall be met.
B. Side Yard: None required, except corner lots. Corner lots with
a street side shall have a setback requirement or
sight triangle distance, whichever is greater.
C. Rear Yard: None required.
D. Lot Area: Each lot shall have a minimum area of six thousand
(6,000) square feet, except where a previously
recorded plat identifies lots that are of a lesser size.
E. Maximum Lot Coverage:
1. Lots 10,800 square feet or less, as of January 1, 1992: One
hundred (100) percent of the total lot area. Total lot area
shall not include easements and building setbacks of record.
2. Lots over 10,800 square feet, as of January 1, 1992: Sixty
(60) percent of the total lot area.
40.6 Parking Requirements:
A. The Parking Regulations in Chapter 7, Parking
Regulations, of The Zoning Ordinance for the Town
of Fountain Hills, Section 26.10 of this ordinance shall apply
to all lots over 10,800 square feet in area, as of January 1,
1992.
B. For lots 10,800 square feet or less, as of January 1, 1992,
the common parking lots areas shall satisfy all of the
off-street parking requirements regardless of the
land use. Any elimination of parking spaces in the
common parking area by a lot owner or user, is
required to replace the eliminated parking spaces by
placing as least an equivalent amount of additional
parking on-site, or on another lot in the same block.;
the design standards as tabulated and illustrated on the Parking Lot
Design Table and Schematics in Section 26.10 of this ordinance
L
Ordinance #98-02 Page 3 of 6
1. A parking area, with its accompanying driveways, aisles,
(kir, approaches, and stalls, shall be paved with either asphaltic
concrete or cement concrete in accordance to the design
Department.
2. Parking spaces and driveways shall be so arranged as to
require ingress and egress from the lot to a street by
forward motion of the vehicle.
3. Parking spaces shall be designed so that vehicles exiting
therefrom will not be required to back out across any
sidewalk or street.
1. Adjacent to any rural or residential zoning district
automobile parking shall be screened from view, except
when separated by a public street.
5. Any lights used to illuminate parking spaces shall be so
arranged and screened as to reflect the light away from
adjoining lots in rural and residential zoning districts and
from streets. Such lights shall have a maximum height of
sixteen (16) feet.
6. On the site of a building or open lot providing an off street
parking area where such arca will not be entirely screened
visually by an intervening building or structure from any
abutting right of way,excluding dedicated alleys,there shall
of way on a strip of land at least five (5) feet in width. In
five percent (5%) of the remaining parking arca shall be
by the Community Development Director or designee.
Such landscaping shall be maintained, as designed, for the
duration of time that the area is a parking area.
7. Except where a wall is required, a minimum six (6) inch
high curb or bumper guard shall be utilized or employed so
that no part of the vehicle shall extend over any property
line unless an easement exists for the extension area.
8. Required parking spaces shall be adequately marked or
defined.
Ordinance #98-02 Page 4 of 6
40.7 Loading and Unloading Regulations: The standards described in
Chapter 7, Parking Regulations Section 7.04.H. and I. of
The Zoning Ordinance for the Town of Fountain Hills
Section 26.11 of this ordinance shall be met unless otherwise exempted
pursuant to 40.8A. below.
40.8 Additional Regulations:
A. All activity associated with any use including accessory storage and
display areas, shall be conducted within a completely enclosed
building. Loading and unloading activities and activities otherwise
specifically authorized are exempt from this regulation.
B. Any outdoor lighting shall be in conformance with the provisions
of Chapter 8, of The Zoning Ordinance for the Town
of Fountain Hills Section 26.19 of this ordinance. Any
outdoor lighting shall be placed so as to reflect the light away from
any adjoining rural or residential zoning district.
C. A building or premises, other than the residence of the family of
the operator or caretaker employed on the premises of a
commercial use, shall not be used for dwellings, unless approved
by Special Use Permit by the Council.
D. A solid wall, not less than six (6) feet in height, shall be required
rural or residential zoning district boundary, or any alley abutting
such zoning district boundary at the time of development of the
commercial property. Further any access gates in said solid wall
site screening. The perimeter of any portion of a site
upon which any outdoor use of a commercial nature
is permitted shall be enclosed by a solid masonry,
concrete, or earthen product wall not less than eight
(8) feet in height. Further, any access gates shall be
constructed of view-obscuring materials to provide
effective site screening. Approval of the alternative
screening methods not listed above shall be by the
Town Council.
Ordinance #98-02 Page 5 of 6
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Le Arizona, this fifteenth day of January, 1998.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
0-4.44;A--
Jerry iles, ayor Cassie B. Hansen, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
e;derA: f)X64.,
Paul . Nordin, Town Manager William E. Farrell, Town Attorney
Ordinance #98-02 Page 6 of 6