HomeMy WebLinkAboutOrd 2007-02 ORDINANCE NO. 07-02
``' AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 5, GENERAL PROVISIONS,
SECTION 5.14, HOME OCCUPATIONS, AND CHAPTER 10, SINGLE-
FAMILY RESIDENTIAL ZONING DISTRICTS: R-190, R1-43, R1-35, R1-35H,
R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-6A, SECTION 10.03, USES
SUBJECT TO TEMPORARY USE PERMIT, RELATING TO SWIM
SCHOOLS LOCATED IN SINGLE-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
5, General Provisions, and Chapter 10, Single-Family Residential Zoning Districts: R-190, R1-
43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-6A, relating to swim
schools in single-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 January 24, 2007,
edition of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on February 8, 2007, and by the Town Council on March 1, 2007.
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 5, General Provisions, Section 5.14,
Home Occupations, is hereby amended as follows:
H. Exception. An exception to these requirements shall be made for the operation of
a group home for the handicapped and adult care, day care centers, home day care
centers, and model homes AND SWIM SCHOOLS.
SECTION 2. That the Zoning Ordinance, Chapter 10, Single-Family Residential Zoning
Districts: R-190, R1-43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-6A,
Section 10.03, Uses Subject to Temporary Use Permit, is hereby amended by adding the
following new subsection:
E. Swim School. Swim schools may be permitted in these zones by temporary use
permit only. At a minimum, the following standards shall apply:
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ti 1. The swim school shall operate from a single-family dwelling unit. The
operation of the swim school shall not change the residential character of
the dwelling unit.
2. All employees of the swim school shall be members of the immediate
family residing in the dwelling unit where the swim school is being
operated, except that one employee may be a non-resident.
3. The area used for a swim school shall not exceed (a) thirty (30) percent of
the area of the rear yard and (b) twenty-five (25) percent of the gross floor
area of the dwelling.
4. Customer trip generation shall not exceed twenty (20) trips a day.
5. No signs identifying the business or any commercial product or service are
allowed.
6. Any pool used for a swim school shall be fenced in accordance with
subsection 5.09 (D) of this ordinance, as may be amended from time to
time.
7. Other related activities, including, but not limited to, pool parties and
aerobics instruction, are not allowed.
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,
Arizona, March 1, 2007.
FOR THE TOWN FOUNTAIN HILLS: ATTESTED TO:
W. J. Nich s, Mayor Bevelyn J. Ben r, wn Clerk
ED BY: APPROVED AS TO FORM:
Timothy G. Pickering, Town nager A w J. McGuire, Town Attorney
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