HomeMy WebLinkAboutOrd 2020-03 ORDINANCE NO. 20-03
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF
FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 12,
COMMERCIAL ZONING DISTRICTS, SECTION 12.02 B, ADDING
A NEW SUBSECTION 12.02 B. 4. ALLOWING NEW AND USED
VEHICLE SALES IN THE C-1 ZONING DISTRICT, AND
ESTABLISHING CRITERIA FOR THIS USE
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 de
sires to amend the Zoning Ordinance to revise Chapter 12, Commercial Zoning Districts, by adding
a new Subsection to 12.02 B. to provide for new and used automobile sales in the C-1 zoning
district; 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 8, 2020 and
January 15, 2020 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
January 23, 2020 and by the Town Council on February 18, 2020.
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 12, (Commercial Zoning Districts), is amended by
adding a new Subsection 12.02 B. 4., is hereby added as follows:
4. SALE OF NEW AND USED AUTOMOBILES, GOLF CARTS, ALL-TERRAIN
VEHICLES, AND MOTORCYCLES ARE PERMITTED IN THE C-1 ZONING DISTRICT,
PROVIDED ALL THE FOLLOWING CONDITIONS ARE MET:
a. ALL DISPLAY OF INVENTORY AND MERCHANDISE IS COMPLETELY
WITHIN AN ENCLOSED BUILDING, WITHOUT OUTDOOR DISPLAY OF ANY
VEHICLE;
b. ALL SALES ACTIVITIES OCCUR WITHIN THE BUILDING;
ORDINANCE NO. 20-03 PAGE 2
c. NO WASHING, MAINTENANCE, OR SERVICE WORK IS PERFORMED ON
THE VEHICLES ON SITE;
d. THE MAXIMUM AREA DEVOTED TO DISPLAY OF VEHCILES DOES NOT
EXCEED 5,000 SQUARE FEET; AND,
e. MAY NOT HAVE OVERNIGHT PARKING.
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
18th day of February, 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor EI' eth A. ke, own Cler
REVIEWED BY: APPROVED AS TO FORM:
LZ) \A-A A A/
Grady E. Mill-wn Manager Aaron D. Arnson, Town Attorney