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HomeMy WebLinkAboutOrd 2019-17 ORDINANCE NO. 19-17 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 7, PARKING AND LOADING REQUIREMENTS, DELETING SECTIONS 7.02 G., STORAGE AND PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS; H., STORAGE AND PARKING OF UNOCCUPIED, NON-COMMERCIAL, MOBILE HOMES, BOATS, AIRCRAFT, TRUCK CAMPERS, CAMPING TRAILERS, TRAVEL TRAILERS, AND OTHER TRAILERS; I. 2., OCCUPIED MOBILE HOMES, MOTOR HOMES, TRUCK CAMPERS, CAMPING TRAILERS, TRAVEL TRAILERS, AND OTHER TRAILERS; and, J. STORAGE AND PARKING OF JUNK AUTOMOBILES, AND RENUMBERING THE REMAINING SECTIONS RECITALS: 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 7, Parking and Loading Requirements, relating to provisions for the storage of various types of vehicles and equipment; and WHEREAS, the Town Council through Ordinance number 17-02 updated and moved these same provisions to Chapter 12 of the Town Code; 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 October 30, 2019 and November 6, 2019 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on November 14, 2019 and by the Town Council on December 17, 2019. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Zoning Ordinance, Chapter 7, (Parking and Loading Requirements), Section 7.02 (General Regulations), is hereby amended as follows: Co—__--_-__ Stto age and Parking ComrnerGial \ c�l-es in Residential Districts: 1. Except while loading, unloading, deli , no person shall park or store a commercial vehicle, as defined in Arizona Rev. ORDINANCE 19-17 PAGE 2 any vehicle greater than 22 feet in length on streets in residential d+stricts or within the following areas on residential lots. a. Within the front or street side yard. , gates shall be constructed of view obscuring materials to provide effective site screening. 2. , rated for more thaw-#w^ ens anywhere in residential districts :-- , provide site screening. b. Where such vehicle or trailer is in the process of being loaded or unloaded, such vehicles shall not be locatedof a lot that is in the front of the primary structure at anytime for more th c. Where a temporary visitor permit has been issued by the Zoning Administrator and said permit is displayed on the right side of the or parcel of land that does not have a residential structure. In planned unit development projects, screened storage yards may be allowed; however, c. In all non residential zoning districts, such vehicles must be located behind the rear of the principal building, except where such vehicles are for sale 2. If storage or parking, as required by this section, is not feasible, the Zoning Administrator may i-sue an Administrative Use Permit to park or store vehicles under ,this section in an alternative manner iTl-f�fCiT'Z"f�TfJ�L Ci CT i'CiT7TGfti7'O Ci T7TQTTrfGr 1G. Storage and Parking of Occupied Vehicles: Construction Office or Security Personnel Housing. The Zoning Administrator may issue an Administrative Use Permit to park a mobile home, motor home, truck ORDINANCE 19-17 PAGE 3 camper, or trailer in any zone where said vehicle is used to conduct business or provide housing for security personnel during the construction of a permanent building when a valid building permit is in effect. Such a mobile home or trailer shall be removed immediately upon the stoppage of construction. Travel Trailers, and Other Trailers. For purposes of this subsection, the term a. Occupied mobile homes shall be located only in approved mobile home parks or subdivisions approved for mobile homes. subdivisions. 32. Temporary Sales Offices for Subdivisions. After obtaining a Temporary Use Permit and a Building permit for a model home, a mobile home may be used for temporary real estate sales, subject to the following stipulations: a. An all-weather access route to the mobile home has been approved by the Town Engineer. b. A delineated parking area is provided for customer and sales personnel vehicles that is away from construction activity and traffic, with a minimum of one off-street a space for each person stationed at the mobile home plus two spaces. c. The mobile home must have indoor restroom facilities available to all patrons. d. The mobile home must be removed from the site prior to the opening of the model home. e. On-site sales personnel must be present at least five days a week during normal business hours. In no event shall a mobile home under this section be open before 7:00 A.M. or after 9:00 P.M. f. The business conducted in the mobile home is restricted to sales and marketing associated with tract subdivision within which the mobile home is located. g. The Temporary Use Permit shall not be for more than 120 days. h. The mobile home shall be skirted with material similar to the siding of the mobile home. i. There shall be a landscaped area at least equivalent to the square footage of the mobile home. Landscaping shall consist of at least one five-gallon plant for each ten lineal feet of the longest side of the mobile home. ORDINANCE 19-17 PAGE 4 J. Storage and Parking of Junk Automobiles: 1. Definition. "Junk Automobile" means any vehicle missing one or more body parts; or that is incapable of operating under its own power; or that is missing any wheels; afe operation; 2. Junk Automobiles. In open space recreational and residential zoning districts, KH. Aircraft: Aircraft may only be located in industrial zones and must be located in an area screened from public view. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 17th day of December, 2019. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ) Ginny Di ey, M or lizabe . Burke, Town Cle k REVIEWED BY: APPROVED AS TO FORM: .e -Zez.1574;e„-- d4tit-eAPc) • Grady E. Mille , o n Manager Aaron D. son, Town Attorney