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HomeMy WebLinkAboutOrd 1996-35 ORDINANCE #96-35 L AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE CHAPTER 5,OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY ADDING SECTION 5.21 TEMPORARY CONSTRUCTION EQUIPMENT AND STORAGE YARDS FOR CONSTRUCTION ACTIVITY IN PUBLIC RIGHTS-OF-WAY AND EASEMENTS TO PERMIT THE LOCATION OF CONSTRUCTION EQUIPMENT AND STORAGE YARDS FOR CONSTRUCTION ACTIVITIES IN PUBLIC RIGHTS-OF-WAY AND EASEMENTS IN ANY ZONING DISTRICT BY TEMPORARY USE PERMIT ONLY. 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 provide for a permission procedure for construction companies perform work in public rights-of-way and easement to establish off-site construction equipment and storage yards in any zoning district; and 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 advertised the proposed addition of the text in Chapter 5, of the Zoning Ordinance of the Town of Fountain Hills, that would allow construction equipment and storage yards by temporary use permit for construction projects taking place in the public rights-of-way and easements in the official newspaper of general circulation, The Times of Fountain Hills on August 28, September 4, 11, and 18, 1996; and WHEREAS The Planning and Zoning Commission's public hearing and the Town Council's public hearing was advertised in the official newspaper of general circulation, The Times of Fountain Hills on August 28, September 4, 11, and 18, 1996; and WHEREAS Public hearings were held by the Fountain Hills Planning and Zoning Commission on September 12, 1996 and by the Fountain Hills Town Council on September 19, 1996; • (itr► NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. Revisions to Chapter 5 of the Zoning Ordinance for the Town of Fountain Hills is amended as follows, with the underlined areas showing additions: 5.21 Temporary Construction Equipment and Storage Yards for Construction Activity in Public Rights-of-Way and Easements. Construction equipment and material storage for projects in public rights-of-way and easements may be allowed in any zoning district, except the Open Space Recreational Zoning District, with a temporary use permit. At a minimum, the following regulations are placed upon any such a use: A. No outdoor lighting shall be permitted in residentially zoned areas. Any outdoor lighting in commercial or industrial zoned areas shall be placed so as to reflect light away from any adjoining residential uses. B. The construction equipment and storage yards shall be enclosed by a fence at least six feet and not more than eight feet in height to provide effective site screening from adjoining properties, uses or streets by the use of fencing materials that obscures at least ninety-five percent of wall plane of the fence. C. The fence shall not encroach into the required front yard or street side yard areas of the lot or parcel. D. There shall be no automobile parking, equipment parking, or material storage outside of the fenced area. E. All employee parking shall be within the approved fenced construction equipment and storage yard. F. All uses shall be maintained in such a manner that they are neither obnoxious nor offensive by reason of emission of odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, radiation or other similar causes detrimental to the public health, safety or general welfare. G. The storage yard must be surfaced with a dust free material approved by the Town Engineer. H. All activities in the construction equipment and storage yard shall conform to the time limitations specified in Article 7-6 of the Town Code. I. Only the areas which have a slope of less than fifteen percent (15%) and the percentage of the aggregate area with a slope of fifteen percent (15%) or greater that does not exceed the maximum lot coverage allowance as prescribed in the respective primary zoning district may be disturbed. J. No site may be permitted for more than six (6) months. K. Vegetation shall be reestablished on all exposed fill slopes, cut slopes, and graded surfaces by means of a mixture of grasses, shrubs, trees or cacti to provide a basic ground cover which will prevent erosion and permit natural revegetation upon removal of the construction equipment and storage yard activity. Revegetation plans must be submitted to and approved by the Town of Fountain Hills prior to the granting of the temporary use permit. Revegetation of cut and fill slopes shall be done in such fashion as to restore those graded slopes to an appearance approximating, as closely as possible, their natural state. Indigenous plan materials or low water usage shrubs, trees and grasses must be used. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this nineteenth day of September, 1996. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Jerry es, May Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Paul L. Nordin, Town Manager William E. Farrell, ' own Attorney