HomeMy WebLinkAboutOrd 1995-26TOWN OF FOUNTAIN HILLS
® ORDINANCE #95-26
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 11 OF
THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY
ADDING THE M-1, M-1 and M-3 ZONING DISTRICTS, PURSUANT TO
CHAPTER 2, SECTION 2.01 OF ZONING ORDINANCE FOR THE TOWN
OF FOUNTAIN HILLS.
WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993,
which adopted the Zoning Ordinance for the Town of Fountain Hills, and;
WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills,
provides for a procedure to amend said ordinance, and;
WHEREAS, The Town of Fountain Hills desires to create Zoning Districts that accurately
implement and are consistent with the multi -family land use designations and
densities described in the Town of Fountain Hills General Plan, and;
® WHEREAS, The M-1, M-2 and M-3 zoning districts accurately implement and are consistent
with the multi -family land use designations and densities described in the Town
of Fountain Hills General Plan, and;
Ll
WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for
the Town of Fountain Hills have been followed; and
WHEREAS, The Town of Fountain Hills has rewritten the text of Chapter 11 of the Zoning
Ordinance of the Town of Fountain Hills and published these proposed text
changes in the official newspaper of general circulation, The Times of Fountain
Hills and Rio Verde on May 17, 1995, May 17, 1995, May 24, 1995 and May 31,
1995, and;
WHEREAS, Public hearings were advertised in the May 17, 1995, May 17, 1995, May 24,
1995 and May 31, 1995 editions of The Times of Fountain Hills and Rio Verde,
pursuant to Arizona Revised Statutes §9-462.04, and
WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission
on May 25, 1995 and by the Fountain Hills Town Council on June 15, 1995.
Ordinance 95-26
Page 1 of 9
PASS FAIL (°—lS-9/S
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® NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of
Fountain Hills, the Table of Contents and Chapter 11 of the Zoning Ordinance for
the Town of Fountain Hills shall be amended to add the M-1, M-2 and M-3
zoning districts as follows:
TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE
TABLE OF CONTENTS
l..11 Al llbl\ 11 - 111VL11-1'l11111.L1 1\L'J1LL'3\I 1110A 11\_1 J,
M4, M-2 M-3. R-2, R-3, R-4 and R-5 ........................
Page 11-1
11.01
Purpose and Intent .................................
Page 11-1
A_ M-t."Multi.-Family; Residential_Zoning DistrictSage
B: 14I 2 Multt Family Res�denhal Zonmg District
Page 11;1
..
C: M 3 Multt Famt7y ARes�denttal Zoning District ::.
Page 11 1
®
PA. R-2. Limited Multiple -Family Residential Zoning District
Page 11-1
ER. R-3. Multi Family Residential Zoning District .
Page 1142
PC R-4. Multi -Family Residential Zoning District .......
Page 1142
GD. R-5. Multi -Family Residential Zoning District .......
Page 1142
11.02
Permitted Uses ....................................
Page ll-2
A. For M=114I=2M_-3 R-2, R-3, R-4 and R-5
Zoning Districts ...............................
Page 11-2
B. An Additional Permitted Use in M-1'M-2 iM=3
:.:......::.......:..:...
R-3, R-4, and R-5 Zoning Districts .................
Page 11-3
11.03
Uses Subject to Special Use Permit in an 1VI=1 M-2`.M=3
R-3, R-4, and R-5 Zoning District .................
Page 11-3
11.04.
Uses Subject to Temporary Use Permit ..................
Page 11-34
A. Day Care Center for the Care of More Than
Five (5) People ..............................
Page 11-34
B. Bed and Breakfast .............................
Page 11-4
C. Model Homes ................................
Page 11-5
11.10
Density, Area, Building and Yard Regulations .............
Page 11-5
® Ordinance 95-26
Page 2 of 9
CHAPTER 11
® MULTI -FAMILY RESIDENTIAL ZONING DISTRICTS. M4 M-2 :M-3 R-2 R-3 R-4 and R-5
E
11.01 Purpose and Intent.
r1r
B
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PA. R-2. Limited Multiple -Family Residential Zoning District. The principal purpose of
this Zoning District is to provide for efficient use of land and facilities by allowing
single-family attached or detached dwellings, taking into consideration existing conditions,
including present use of land, future land use needs, and the availability of public utilities.
The minimum required lot area is six thousand (6,000) square feet, and the minimum lot
area required for each dwelling unit is four thousand (4,000) square feet. Principal uses
permitted in this Zoning District include single-family, two-family, and other uses
permitted in the single-family residential Zoning District.
® Ordinance 95-26
Page 3 of 9
ER. R-3. Multi -Family Residential Zoning District. The principal purpose of these Zoning
® Districts is to provide for multiple -family residential developments in locations which are
suitable and appropriate, taking into consideration existing conditions, including present
use of land, future land use needs, and the availability of public utilities. The minimum
required lot area is six thousand (6,000) square feet, and the minimum lot area required
for each dwelling unit is three thousand (3,000) square feet. Principal uses permitted in
these Zoning Districts include two-family dwellings, multiple -family dwellings and the
uses permitted in the single-family residential Zoning District.
FQ R-4. Multi -Family Residential Zoning District. The principal purpose of these Zoning
Districts is to provide for multiple -family residential developments in locations which are
suitable and appropriate taking into consideration existing conditions, including present
use of land, future land use needs, and the availability of public utilities. The minimum
required lot area is six thousand (6,000) square feet, and the minimum lot area required
for each dwelling unit is two thousand (2,000) square feet. Principal uses permitted in
these Zoning Districts include two-family dwellings, multiple -family dwellings and the
uses permitted in the single-family residential Zoning District.
GB. R-5. Multi -Family Residential Zoning District. The principal purpose of these Zoning
Districts is to provide for multiple -family residential developments in locations which are
suitable and appropriate taking into consideration existing conditions, including present
use of land, future land use needs, and the availability of public utilities. The minimum
required lot area is six thousand (6,000) square feet, and the minimum lot area required
® for each dwelling unit is one thousand, seven hundred, forty (1,740) square feet.
Principal uses permitted in these Zoning Districts include two-family dwellings, multiple -
family dwellings and the uses permitted in the single-family residential Zoning District.
11.02 Permitted Uses.
A. For Wl"M-2 <M-3 R-2, R-3, R-4 and R-5 Zoning Districts. A building or premises
shall be used only for the following purposes, unless otherwise stated:
1. One (1) single-family dwelling per lot of record.
2. Two-family dwelling units.
3. Churches, including accessory columbaria, provided that the building area of the
columbaria shall not exceed ten (10) percent of the total building area of the
church building(s).
4. Public schools, elementary and high, and private schools with curricula
substantially the same as customarily offered in public schools.
5. Utility Services, but not including public utility treatment and generating plants
or offices.
® Ordinance 95-26
Page 4 of 9
6. Publicly or privately owned or operated fire stations, and publicly owned or
® operated police stations and post offices.
7. Golf courses including club houses located thereon, but not including miniature
courses or practice driving ranges operated for commercial purposes.
8. Libraries, museums, parks, playgrounds, and community buildings, provided such
uses are conducted on a non-profit basis.
9. Home occupations as prescribed in Chapter 5, Section 5.14, of this Ordinance.
10. Home Day Care Center in an operator's residence, with no swimming pool, for
five or less people, operation only between the hours of 6:00 A.M. and 8:00 P.M.
No signage, or other evidence of a day care center is permitted. One additional
off-street parking space is required.
11. Group Homes for the Handicapped and Elderly Care, provided that:
a. No such home is located on a lot within one thousand - two hundred
(1,200) feet, measured by a straight line in any direction, of the exterior
lot lines of another group home for the handicapped and elderly care;
b. No such home contains more than ten (10) residents;
® C. Such home is licensed by the State of Arizona Department of Health
Services.
d. Such home is registered with, and administratively approved by the
Community Development Director or designee, as to compliance with the
standards of this Ordinance.
12. Accessory buildings and uses customarily incidental to the above uses, including
those uses detailed in Chapter 5, Section 5.10 of this Ordinance.
B. An Additional Permitted Use in M- ;.W2 M-3 R-3, R-4, and R-5 Zoning Districts
:...........:....................
is multi -family units in accordance with the lot coverage, setback, density and other
requirements stated in Chapter 11, Section 11.09, of this Ordinance.
11.03 Uses Subject to Special Use Permit in an M 1 MA M-3; R-3, R-4, and R-5 Zoning District
are as follows:
A. Hotels and motels in an R-5 Zoning District only.
B. Nursing homes, convalescent homes and homes for the aged.
® Ordinance 95-26
Page 5 of 9
All uses subject to a special use permit are subject to the lot coverage, setback, density and other
® requirements stated in Chapter 11, Section 11.09, of this Ordinance. Sign regulations for an C-1
Zoning District are applicable for a hotel/motel use in an R-5 Zoning District.
11.04. Uses Subject to Temporary Use Permit:
A. Day Care Center for the Care of More Than Five (5) People. A day care center for
the care of more than five (5) people is permitted by temporary use permit only. A day
care center for the care of more than five (5) people may be operated in these Zoning
Districts with the following minimal stipulations:
1. The Day Care Operator must reside in the house. If a non-residential facility is
legally used for another purpose, such as a church building, this requirement may
be waived.
2. No more than ten (10) non-residents may be cared for in a residential structure.
3. Only one non-resident employee may be allowed and one (1) additional on -site
parking space shall be required for this employee.
4. One non -tandem parking space shall be required for each five (5) persons, or
fraction thereof, allowed in the day care center.
® 5. Any operation of a Day Care Center prior to 6:00 A.M. and after 8:00 P.M. is
permitted only by Special Use Permit.
6. Only one sign not to exceed two (2) square feet in size and mounted flatly on the
wall of the residence shall be permitted.
7. The play yard must be fenced with a minimum five (5) foot high fence.
8. No playground equipment and ornamental figures or designs denoting a Day Care
Center shall be allowed in front of the house line.
9. Any Day Care Facility with a swimming pool or other applicable body of water
as defined in Section 5.10.C. of this Ordinance must meet the requirements for a
pool enclosure described in that Section.
10. Any Day Care Center which cares for more than five (5) people shall be licensed
by the State of Arizona.
B. Bed and Breakfast. Bed and Breakfast operations may be permitted in these zones by
Temporary Use Permit only. At a minimum the following standards shall apply.
1. No more than two (2) bedrooms per residence may be used for the business.
® Ordinance 95-26
Page 6 of 9
® 2. No more than two (2) persons per room.
3. One off-street, non -tandem parking space per bedroom.
C. Model Homes. Model Homes may be permitted in a residential area by Temporary Use
Permit only. In the review for a model home, the staff, and if necessary, the Town
Council, may consider lighting, landscaping, hours of operation, signage, parking,
duration, and neighborhood impact. As a minimum, the following standards shall apply:
1. On -site sales personnel must be present at least five (5) days a week during
normal business hours. In no case shall a model home be open before 7:00 A.M.
or after 9:00 P.M.
2. The model home shall be for the purpose of marketing the construction of custom
homes or a tract subdivision with a given product line in Fountain Hills. A model
home may not be used as an office for the marketing of developed property, or
the marketing of property outside of Fountain Hills.
11.05 General Provisions: The General Provisions in Chapter 5 shall apply.
11.06 Signs: All signs shall comply with Chapter 6 herein.
® 11.07 Parking Regulations: The parking regulations are as provided in Chapter 7 hereof.
11.08 Outdoor Lighting: All outdoor lighting shall conform to Chapter 8 herein.
11.09 Plan Review. The provisions of Chapter 2, Section 2.04 shall apply
11.10 Density, Area, Building and Yard Regulations:
The chart which follows specifies the minimum lot sizes, minimum area per dwelling unit,
minimum lot widths, maximum building height, minimum yard setbacks, maximum lot coverage
percentages, and minimum distance between buildings.
® Ordinance 95-26
Page 7 of 9
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PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 15th day of June, 1995.
FOR THE TOWN OF FOUNTAIN HILLS
John AUutiHo, Mayor
REVIEWED BY:
aul L Nordin, Town Manager
J
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ATTESTED TO:
L44A-t ,
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
earn
E. Farrell, Town Attorney
Ordinance 95-26
Page 9 of 9