HomeMy WebLinkAboutOrd 1998-22 TOWN OF FOUNTAIN HILLS
ORDINANCE #98-22
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTERS 2, 3 AND 9 OF THE
ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT TO
CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN
OF FOUNTAIN HILLS TO CREATE EXCEPTIONAL PROCEDURES FOR THE
ADOPTION OF, TO ESTABLISH, AND TO CREATE DESCRIPTIVE AND
REGULATORY LANGUAGE FOR THE OPEN SPACE CONSERVATION "OSC"
ZONING 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, The Town of Fountain Hills desires to amend its regulations to establish a new
open space zoning district, the "Open Space Conservation" 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 rewritten the text of Chapters 2, 3 and 9 of The
Zoning Ordinance for the Town of Fountain Hills and published these proposed
text changes in the official newspaper of general circulation, The Times of
Fountain Hills and Rio Verde on February 11, 18 and 25, 1998 and on March 4,
1998 and on June 17, 24 and on July 2, 1998, and;
WHEREAS, Public hearings were advertised in the February 11, 18 and 25, 1998 and in the
March 4, 1998 and the June 17, 24 and on July 2, 1998 editions of The Times of
Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04,
and;
WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission
on February 26, 1998 and by the Fountain Hills Town Council on March 5, 1998
and July 2, 1998.
ORDINANCE 98-22
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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. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of
Fountain Hills, Chapter 9 of the Zoning Ordinance for the Town of Fountain Hills
shall be amended as follows:
CHAPTER 2
PROCEDURES
2.01 Amendments or Zone Changes
H. Exceptional Procedures for Rezoning Land to the Open Space Recreational
(OSR) or Open Space Conservation (OSC)Zoning Districts. In addition to the
procedural regulations contained in this Chapter,all of the following procedures are
required to be met prior to rezoning land to either the OSR or OSC Zoning
Districts:
1. The property owner(s) and any lienholders of record shall specifically
request, in writing, that the zoning district designation be applied to their
property.
2. The property owner(s) and any lienholders of record shall sign a
forbearance agreement that would be recorded in the office of the
Maricopa County Recorder, stating that:
a. if the property is to be rezoned to the Open Space Recreational
Zoning District, that the owner has voluntarily requested a zoning
district designation that provides for little economic use of the
property and that the owner is fully informed and aware of this fact.
b. if the property is to be rezoned to the Open Space Conservation
Zoning District, that the owner has voluntarily requested a zoning
district designation that provides for no viable economic use of the
property and that the owner is fully informed and aware of this fact.
CHAPTER 3
ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF
3.01 Establishment of Zoning Districts. For the purpose of this Ordinance, the Town of
Fountain Hills is hereby classified into the following Zoning Districts:
OSC Open Space Conservation District
OSR Open Space Recreational District
ORDINANCE 98-22
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CHAPTER 9
OPEN SPACE RECREATIONAL ZONING DISTRICTS: fOSR)and OSC
9.01 Purpose. The principal purpose of the Open Space Recreational Zoning Districts is.are
to conserve and protect open space, natural desert lands, wildlife habitat, and lands
agreed to be left undeveloped in master plan approval through hillside disturbance density
transfers. The primary purpose of designating these areas is to raise the degree of
assurance that designated open space and recreational areas will remain open.
9.02 Use-Regulations Permitted Uses: A building or premise in an OSR Zoning District shall
be used only for the following purposes:
A. In the Open Space Conservation "OSC" Zoning District:
1. Undeveloped natural land.
2. Trails, with the approval of the Town Council.
3. No other uses or structures, except those specifically allowed above, are
permitted in the "OSC" Zoning District.
B. In the Open Space Recreational "OSR" Zoning District:
Al. Golf course, including club houses located thereon, but not including
miniature courses.
€2. Park land.
co, G3. Public and private wildlife reservations.
04. Publicly and privately owned or operated fire and/or public police stations.
€5. Undeveloped natural land.
1s6. Utility services, but not including offices, waste water treatment plants, and
generating stations.
9.03 Uses Subject to Temporary Use Permit in the "OSR" Zoning District:
Master-Planned Village Sales and Information Center Within a Clubhouse. The
developer of a master-planned community over 200 contiguous acres, may operate an
information/sales facility within a clubhouse by temporary use permit only. In the review
for a master-planned community sales and information center temporary use permit, 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:
A. On-site sales personnel must be present at least five (5) days a week during
normal business hours. In no case shall a center be open before 7:00 A.M. or
after 9:00 P.M.
ORDINANCE 98-22
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B. The center shall be for the purpose of marketing the specific master-planned
village and the distribution of material concerning the attributes of the Town and
surrounding areas. The office may not be used as an office for the sales of
houses, subdivisions with model homes, nor property outside of the master-
planned village.
C. There shall be at least twenty (20) off-street parking stalls provided in addition to
the minimum parking demand for the golf course.
D. The use shall cease upon termination of the temporary use permit or the
completion of the master developer's marketing activities, whichever comes first.
E. Signage shall in conformance with Chapter 6, Section 6.07 of this ordinance.
9.04 Height Regulations:
A. Open Space Conservation "OSC" Zoning District: In the "OSC" Zoning District,
any buildings or other structures that height regulations regulate are not permitted.
B. Open Space Recreational "OSR" Zoning District: In the "OSR" Zoning District,
fthe height of buildings shall not exceed thirty (30) feet.
9.05 Yard Regulations: The required yards are as follows:
A. Open Space Conservation "OSC" Zoning District: In the "OSC" Zoning District,
buildings or other structures which would need to observe specific setbacks are
not permitted.
B. Open Space Recreational "OSR" Zoning District:
Al. There shall be a front yard having a depth of not less than sixty (60) feet.
B2. There shall be a side yard on each side of a building having a width of not
less than thirty (30) feet.
G3. There shall be a rear yard having a depth of not less than sixty (60) feet.
9.06 Intensity of Use Regulations: The intensity of use regulations are as follows:
A. Lot Area: Each lot shall have a minimum lot area of five (5) acres. There shall
be no minimum lot area.
B. Lot Width: There shall be no minimum lot width.
C. Lot Area per Building in the OSR" Zoning District: The minimum lot area per
building shall be five (5) acres.
ORDINANCE 98-22
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D. Lot Coverage in the "OSR" Zoning District: The maximum lot coverage shall be
five (5%) percent of the lot area.
E. Distance Between Buildings in the "OSR" Zoning District: The minimum distance
between buildings on the same lot shall be sib}ten (10) feet.
9.07 General Provisions: The General Provisions in Chapter 5 herein shall apply.
9.08 Signs: All signs shall comply with Chapter 6 herein.
9.09 Parking Regulations: The parking regulations are as provided in Chapter 7 hereof.
9.10 Outdoor Lighting: All outdoor lighting shall conform to Chapter 8 herein.
9.11 Plan Review. The provisions of Chapter 2, Section 2.04 shall apply.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 2nd day of July, 1998.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
WI/ (itvi/JA,
haron Morgan, Mayo- Cassie B. Hansen, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
a/ t-70. /e )/rd642):
Paul L. Nordin, Town Manager William E. Farrell, Town Attorney
ktio ORDINANCE 98-22
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