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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