HomeMy WebLinkAboutOrd 2006-29 ORDINANCE NO. 06-29
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 1, INTRODUCTION, SECTION
1.12, DEFINITIONS, AND CHAPTER 5, GENERAL PROVISIONS, SECTION
5.06, YARD, LOT AND AREA REQUIREMENTS, RELATING TO PARKING
SHADE STRUCTURES LOCATED ADJACENT TO AN ALLEY IN MULTI-
FAMILY ZONING DISTRICTS.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town
Council") adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning
Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter
1, Introduction, and Chapter 5, General Provisions, relating to parking shade structures in multi-
family zoning districts; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz. REV. STAT.
§ 9-462.04, public hearings regarding this ordinance were advertised in the November 15, 2006
edition of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on November 30, 2006, and by the Town Council on December 21, 2006.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the Zoning Ordinance, Chapter 1, Introduction, Section 1.12,
Definitions, is hereby amended by adding the following new definition:
Parking Shade Structure: A roofed, detached, accessory structure, which may be
lighted, with four (4) open sides, designated or used exclusively for the parking and sheltering of
operable motor vehicles.
SECTION 2. That the Zoning Ordinance Chapter 5, General Provisions, Section 5.06,
Yard, Lot, and Area Requirements, is hereby amended by adding the following new subsection:
K. Parking Shade Structures Adjacent To An Alley In Multi-Family Zoning
Districts.
In addition to other approved locations, a parking shade structure located adjacent
to an alley in a multi-family zoning district may be permitted in the rear or side
building setback, provided it (i) meets the requirements in this Section 5.06, (ii) is
at least ten (10) feet from any rear lot line, side lot line, and alley and (iii) does
not exceed twelve (12) feet in height.
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SECTION 3. That if any provision or any portion of any provision of this Ordinance is
for any reason held to be unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent
of the remaining provisions of this Ordinance and shall be severed therefrom without affecting
the validity of the remaining portions of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
December 21, 2006.
FOR THE TOWN 0 OUNTAIN HILLS: ATTESTED TO:
. J. Nic ols, ayor Bevelyn J. de own Clerk
REVIEWED BY: APPROVED AS TO FORM:
c- Atilit.„
Timothy . Pickering,Town Man er Andrew J. McGuire,Town Attorney
411,
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