HomeMy WebLinkAboutOrd 1995-49® ORDINANCE 95-49
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE ZONING
ORDINANCE FOR THE TOlfiN OF FOUNTAIN HILLS PURSUANT
CHAPTER 2, SECTION 2.01, BY AMENDING CHAPTER 1,
INTRODUCTION, SECTION 1.12 DEFINITIONS TO DEFINE THE TERM
"TEMPORARY VEHICLE STORAGE FACILITY"; AND CHAPTER 12
CON4NIERCIAL ZONING DISTRICTS, SECTION 12.06 USES SUBJECT
TO SPECIAL USE PERi\IITS IN C-3 ZONING DISTRICTS, TO PERIMIT
TEMPORARY VEHICLE STORAGE FACILITIES BY SPECIAL USE
PERNIIT ONLY.
WHEREAS Chapter 2. PROCEDURES. Section 2.01. Amendments or Zone Changes.
establishes the authority and procedures for amending the zoning ordinance: and
WHEREAS The Town of Fountain Hills advertised public notices of a size that were one -
eighth page or greater in size. in the official newspaper of general circulation, the
Times of Fountain Hills. on October 25, November 1. 8 and 15, 1995 of public
hearings held by the Fountain Hills Planning and Zoning Commission on
November 9. 1995 and by the Fountain Hills Town CouncilonNovember 16,
1995, to invite comments from the public: and
® WHEREAS The Town desires to provide for the storage of vehicular storage facilities in the
least obtrusive way: and
WHEREAS The Town desires to have certain standards above the minimum standards of a C-
3 zoning district established to allow temporary vehicle storage facilities be
compatible with other uses permitted in the C-3 zoning district:
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. CHAPTER 1, INTRODUCTION, Section 1.12 Definitions of the Zoning
Ordinance for the Town of Fountain Hills shall be amended to expand define the
term "Temporary Vehicle Storage Facility". The areas shaded are the additions
to the text.
CHAPTERI
INTRODUCTION
® 1.12 Definitions. For the purpose of this ordinance. certain words and terms
used herein are defined as follows: All words used in the present tense
ASS/ AIL
ON 6.,41 lto
SECOND Lo votlwvcl
COUNT I'Q
® include the future tense: all words in the plural number include the
slnuUlar number. all words in the Stn 2ular number include the plural
number. unless the natural construction of the wording, indicate; othem i,e.
Gender shall be universal. anv reference to one _ender shall also implicidy
refer to the other gender. The word "shall" is mandatory and not
discretionary. Other words and phrases used in the ordinance shall have
the following, meanings:
Ternporary Vehicle Storage Facilitv: Anv land or building, used for the
temporary storage of abandoned. wrecked or legally -impounded
automobiles, boats. or other vehicles reg,ardless of running, condition. Such
a facility is not a Cacility where disinantling of anv vehicle. the storage of
any vehicle parts. the tetailimy or wholesaling of am vehicle or vehicle
parts may take place.
Section 2. CHAPTER 12. (;oNINIERCIAL ZONING DISTRICTS. Section 12.06 Uses
Subject to Special Use Permits in C-3 Zoning Districts Only. of the Zoning
Ordinance for the Town of Fountain Hills shall be amended to include subsection
2. "temporary Vehicle Storage Facility. The amendment shall be as lollows.
with the shaded area showin_ the additions to the text:
® CHAPTER 12
CONINTERCIAL ZONING DISTRICTS
12.06 Uses Subject to Special Use Permits in C-3 Zoning Districts Onh
2. Temporary Vehicle Storage Facilities. At :i niininium. the
following regulations are placed upon a6y such a use:'
A. Anv outdoor lig,hting shall be placed so as to reflect light
away froth any adjoining residential zoning district.
B. Required yards adjacent to anv street shall be landscaped
and shall not be occupied by any use or structure including
parking or loading space., except for drives and roadways.
signs and fighting as permitted iii this ordinance;
C. Site Enclosure and Screening Requircnicnts. Temporary
Vehicle Storage Facilities shall be enclosed to provide
effective site screening from adjoining properties. uses or
® streets by the use of walls. berms and landscape plantings
or combinations thereof as follows:
® (1) Automobile parking areas- outside of the vehicle
scorage_yard_shall be screened from any adjacent
residential zonin- district. All parking areas outside
of the_temporary storage facilityshall landscaped
by at least ten (10) feet of landscaping!
(2) A solid masonry, concrete or_earthen product wall
not less than eight (8) feet in height. shall be
required. Further, any_ access gates shall be
constructed of -view -obscuring materials to provide
effective site screening. Approval of the alternative
screening_ methods listed above -shall be _by the
Council:
(3) The temporary vehicle storage yard enclosure shall
not encroach into any required setback area and no
vehicles or materials shall exceed the height of any,
such enclosure. No vehicles may be stacked on
other vehicles.
(4) Landscape Requirements. Minimum site landscape
® requirements are as follows (Note: the Town
Council or the Planning and Zoning Commission
may impose additional landscape_ requirements)
a. Any part of a site not used for buildings;
parking. driveways, storage, yard_ sidewalks.
I
tc. shall be landscaped and maintained in
accordance with an af)Rmy5d landscape plan.
b. Landscaped areas shall include an approved
mixture of drought tolerant or other plant
materials, and organic and non -organic
,-round cover materials. Landscaping shall
consist of one plant _for each 20 square feet
of landscape area. At least twenty-five (25)
percent of the plants shall be 15 gallon or
greater plants and the remaining plants must
be at least five gallon plants. The approval
of the above mixture of landscape materials
shall be by the Community Development
Department staff with.appeal t_o_th_e Planning
and Zoning Commission.
® Ordinance #95-49
® C. An automatic-irri-ation— system_ shall be
provided and maintained to all landscaped
areas requiring water:
d. All landscaped areas adjacent to vehicular
parking and access areas shall be protected
by sir (6) inch vertical concrete curbing in
order to control storm water flows a_n_d
minimize damage by vehicular traffic.
D. No vehicle may be stored in the facility for -more—than- one'
hundred -eighty (180) days.
E. The facility is for the temporary storage of abandoned:
wrecked or le -alit' -impounded automobiles, boats. or other
vehicles regardless of running condition. Such a facility. is
not to be used for the dismantling of any vehicle, the
storage of any vehicle parts, nor the retailing or wholesaling
of an_ vehicle or vehicle parts.
F.' All uses slidl f be maintained in such a manner that they are
neither obnoxious nor offensive by reason of emission of
® odor,- n or ot
dust, smoke, gas, noise. vibration. electromagnetic
disturbance. radiation similar causesd_etrim_e_n_t_al to
the public health. safety or general welfare: _
G' The storage yard must be surfaced witb a dust free material
approved by the Town Engineer.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this day of L)tCr )-r%in CA 1995.
FOR THE TOWN OF FOUNTAIN HILLS:
John M. 0
lo. Mayor
REVIEWED BY:
Paul . \ordin, Town Manager
0 Ordinance #95-49
ATTESTED TO:
C, 6 U,,
Cassie B. Hansen. Town Clerk
APPROVED AS TO FORM:
AAL4� /��CA
Wi liam E. Farrell, Town Attorney