HomeMy WebLinkAboutOrd. 24-06ORDINANCE NO. 24-06
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE
FOUNTAIN HILLS TOWN CODE SECTION 12-3-10, STORAGE
AND PARKING OF COMMERCIAL VEHICLES, AS IT APPLIES
TO PARKING COMMERCIAL VEHICLES ON RESIDENTIAL
PROPERTY, AND THE FOUNTAIN HILLS ZONING ORDNANCE
BY AMENDING SECTION 1.12, DEFINITIONS, SECTION 5.14,
HOME OCCUPATIONS, SECTION 10.02, USES PERMITTED,
AND SECTION 11.02, USES PERMITTED AS THEY PERTAIN TO
NON-RESIDENTIAL USES OF RESIDENTIAL PROPERTY
ENACTMENTS:
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That Town Code Chapter 12, Traffic, Article 12-3, Parking, Section 12-3-10,
Storage and Parking of Commercial Vehicles is hereby amended as follows:
Except while loading, unloading, delivering, or making a service call, commercial vehicles shall
be subject to the following restrictions:
A. No person shall park or store a commercial vehicle on any street within a residential district.
B. No person shall park or store a commercial vehicle on any portion of a residential property
when the vehicle is visible from a street or from an adjacent property. Notwithstanding the
foregoing, a ONE commercial vehicle that is 22 feet or less in length may be parked or stored on
residential property if it is ON THE DRIVEWAY OR completely enclosed within a six -foot -high
solid wall with view -obscuring gates.
C. No person shall park or store a commercial vehicle on any street within a nonresidential
district where parking is prohibited as indicated by signage.
SECTION 2. That Chapter 1, Introduction, Section 1.12 is hereby amended as follows:
Dwelling: A building or portion thereof, built in accordance to the building code adopted in the
Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for
residential purposes,
Home Occupation: Any occupation or profession CARRIED ON IN A DWELLING UNIT BY
RESIDENTS THEREOF which USE OR ACTIVITY is incidental and subordinate to the use of
the dwelling unit for dwelling purposes and which does not change the character thereof, SEE
SECTION 5.14 FOR REGULATION OF HOME OCCUPATIONS
SECTION 3. That Chapter 5, General Provisions, Section 5.14, Home Occupations, is hereby
amended as follows:
Home occupations shall be permitted in any DWELLING UNIT , subject to the
following requirements:
A. Home Occupations: Shall be CONDUCTED ONLY BY PERSONS WHO LIVE AT THE
PROPERTY AND SHALL BE CONDUCTED IN A MANNER clearly incidental and subordinate
to the use of the property and dwelling unit for dwelling purposes, shall be conducted entirely
within the dwelling, AN ACCESSORY STRUCTURE USED FOR OFFICE ACTIVITIES ONLY,
or garage, and shall not change the residential character thereof. Carports,
and yards may not be used for home occupations.
B. Area: AN AREA EQUAL TO NNo more than twenty-five (25) percent of the gross floor area
of the dwelling shall be devoted to the home occupation.
C. Employees: There shall be no employees WORKING AT THE HOME other than members
of the immediate family residing in the dwelling unit where the home occupation is being
operated.
D. Delivery Vehicles: No business shall be conducted which requires delivery vehicles or other
VEHICULAR ACTIVITY OR DELIVERIESsew+ses not customary to a residence.
E. Nuisances: There shall be no external evidence of the activity such as outdoor storage,
displays, noise, dust, odors, fumes, vibration, or other nuisances discernible beyond the property
lines.
F. Signs: No signs signifying the business or any commercial product or service are allowed.
Signs on business vehicles, regardless of their storage, shall not display the address of the home
occupation.
G. Traffic AND PARKING: Customer/patron and shipping/receiving trip generation shall not
exceed five SIX (56) VEHICLE trips a day. NO MORE THAN ONE VEHICLE USED FOR
COMMERCIAL PURPOSES ASSOCIATED WITH THE BUSINESS MAY BE PARKED ON
SITE AND MUST COMPLY WITH TOWN CODE SECTION 12-3-10. DURING BUSINESS
HOURS, PARKING BY CUSTOMERS, PATRONS, OR EMPLOYEES MUST BE ON THE
PROPERTY ON AN APPROVED PAVING SURFACE.
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, model
homes and swim schools.
I. Hazardous Materials: Any home occupation desiring to use hazardous materials, as defined
in this ordinance, must first secure a special use permit. No home occupation may use hazardous
material without a special use permit. Special use permits for the use of hazardous materials will
only be issued after the TOWN'S BUILDING OFFICIAL AND FIRE MARSHALL
District are assured that proper handling, storage, and disposal safeguards can and will be
followed for the health, safety and welfare of the neighborhood and community.
J. Uses Not Permitted: The following uses that are not permitted as a home occupation include,
but are not necessarily limited to, the following: TEMPORARY OR OVERNIGHT KEEPING OF
ANIMALS FOR HIRE, TThe physical sale or distribution of commodities on the premises, and
motor vehicle repair. The Community Development Director or his designee shall render
decisions on home occupations permitted with appeal to the Town Council.
SECTION 4. That Chapter 10, Single-family Residential Zoning Districts, Section 10.02,
Permitted Uses, is hereby amended as follows:
A. In R1-190, R1-43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, and R1-6A
Zoning Districts, a building or premises shall be used only for the following purposes:
9. Home occupations as prescribed in SECTION 5.14 OF THIS ORDINANCE;
C. PROHIBITED USES. EXCEPT FOR ITEMS LISTED ABOVE, NON-RESIDENTIAL USES
OR ACTIVITIES OF PROPERTY OR DWELLINGS AND ASSOCIATED STRUCTURES ARE
PROHIBITED.
SECTION 5. That Chapter 11, Multifamily Residential Zoning Districts, Section 11.02, Permitted
Uses, is hereby amended as follows:
C. PROHIBITED USES. EXCEPT FOR ITEMS LISTED ABOVE, NON-RESIDENTIAL USES
OR ACTIVITIES OF PROPERTY OR DWELLINGS AND ASSOCIATED STRUCTURES ARE
PROHIBITED.
SECTION 6. In accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the laws
of the State of Arizona, the City/Town Council has considered the individual property rights and
personal liberties of the residents of the City/Town and the probable impact of the proposed
ordinance on the cost to construct housing for sale or rent before adopting this ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa
County, Arizona, this 19th day of March 2024.
(Signatures on the next page)
FOR THE TOWN OF FOUNTAIN HILLS:
/V1/` Liitiii_
Ginny Did ey, Mayor
REVIEWED BY:
Rachdwin, Town Manager
ATTESTED TO:
inda Mendenhall, Town Clerk
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney