HomeMy WebLinkAboutOrd 2006-35 ORDINANCE NO. 06-35
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE CHAPTER 4, NONCONFORMING USES
AND STRUCTURES, SUBSECTION 4.01(E), EXTENSIONS; CHAPTER 5,
GENERAL PROVISIONS, SUBSECTIONS 5.06(I), SOLAR UNITS,
SUBSECTION 5.11(G), PROCEDURAL REGULATIONS, AND
SUBSECTION 5.12(E), VENDING MACHINES; CHAPTER 10, SINGLE
FAMILY ZONING DISTRICTS, SUBSECTION 10.02(A)(13), GUEST
HOUSES; AND CHAPTER 18, TOWN CENTER COMMERCIAL ZONING
DISTRICT, SUBSECTION 18.05, USES SUBJECT TO SPECIAL USE
PERMITS.
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 desires to amend the Zoning Ordinance to revise Chapter 4,
Nonconforming Uses and Structures, Chapter 5, General Provisions, Chapter 10, Single Family
Zoning Districts and Chapter 18,Town Center Commercial Zoning District; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
fkilW § 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 4, Nonconforming Uses and
Structures, Subsection 4.01(E)(3), is hereby deleted in its entirety.
SECTION 2. That the Zoning Ordinance, Chapter 5, General Provisions, Subsection
5.06(I), Solar Units, is hereby amended as follows:
I. Solar Units.
Solar heating, cooling units, solar greenhouses and associated apparatus shall be
located behind the front line of the primary structure on the front, and behind the
street side of the primary structure on the street side of a corner lot, shall not
cover more than thirty (30) percent of any side or rear yard, shall be at least three
(3) feet from any rear and side lot lines, shall be at least six (6) feet from any
other structure, and shall not exceed twelve (12) feet in height. With the exception
of the solar panels, any solar heating or cooling unit shall be screened from public
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view. An application for a Solar Unit that does not meet the above requirements
r may be appealed to the Town Council by Special Use Permit.
SECTION 3. That the Zoning Ordinance, Chapter 5, General Provisions, Subsection
5.11(G)(4), is hereby deleted in its entirety.
SECTION 4. That the Zoning Ordinance, Chapter 5, General Provisions, Subsection
5.12(E), Vending Machines, is hereby amended as follows:
E. Vending Machines. Up to three (3) vending machines placed outdoors on one
property is permitted. Permission to maintain in excess of three (3) vending
SECTION 5. That the Zoning Ordinance, Chapter 10, Single Family Zoning Districts,
Subsection 10.02(A)(13)(i) is hereby deleted in its entirety.
SECTION 6. That the Zoning Ordinance, Chapter 18, Town Center Commercial Zoning
District, Section 18.05, Uses Subject to Special Use Permits, is hereby amended as follows:
A. Liquor stores.
B. Group Homes for Handicapped and Elderly People, Nursing Homes, Homes for
the Aged, Convalescent Homes, and Assisted Care Facilities.
C. Multi-family residential dwellings. Residential developments shall conform to
"M-3" Zoning District regulations unless those regulations differ from the
regulations contained in this Chapter, in which case the regulations of this
Chapter shall control.
D. Operation of commercial or professional activities between eleven p.m. and seven
a.m.
E. Time Share Resorts.
F. Shared Parking Agreements.
G.F. Drive-in window facilities for banks and dry cleaners only.
SECTION 7. 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.
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PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
cr December 21, 2006.
FOR,THE TOWN OF , 0' TAIN HILLS: ATTESTED TO:
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„4 5(A.0.,,,
W. ,' icho. or Bevelyn J. Be er, wn Clerk
REVI . ''ED BY: APPROVED AS TO FORM:
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Timothy G. Pi ''ering, own >• anager Andrew J. McGuire, Town Attorney
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