HomeMy WebLinkAboutOrd 1997-16 TOWN OF FOUNTAIN HILLS
ORDINANCE #97-16
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,CREATING CHAPTER 16 AND
AMENDING CHAPTERS 3 AND 6 OF THE ZONING ORDINANCE FOR
THE TOWN OF FOUNTAIN HILLS PURSUANT TO CHAPTER 2,
SECTION 2.01 OF THE 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 amend its regulations to establish three new
lodging zoning districts, the "L-1", "L-2" and "L-3" Zoning Districts, and;
WHEREAS, The Town of Fountain Hills desires to amend its regulations to establish signage
and other development regulations for the "L-1", "L-2" and "L-3" Zoning Districts,
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 rewritten the text of Chapters 3 and 6 and all of
the proposed Chapter 16 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 April 9, 16, 23 and 30,
1997 and;
WHEREAS, Public hearings were advertised in the April 9, 16, 23 and 30, 1997 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 April 24, 1997 and by the Fountain Hills Town Council on May 1, 1997.
ORDINANCE 97-16
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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, Chapter 16 of the Zoning Ordinance for the Town of Fountain
Hills shall be amended as follows:
CHAPTER 16
LODGING ZONING DISTRICTS
16.01 Purpose.
A. L-1. L-1 Zoning District. The principal purpose of this zoning district is to
provide for well designed and attractive very low density lodging facilities
on sites designated as "Lodging" on the Future Land Use Plan Map of The
Town of Fountain Hills General Plan. This zoning district would allow
for very low intensity resort and other associated lodging uses in areas that
are surrounded by open space or very-low density single-family residential
uses. The principal use in this zoning district is lodging facilities of up to
four rooms per acre.
B. L-2. L-2 Zoning District. The principal purpose of this zoning district is to
provide for well designed and attractive low density lodging facilities on
sites designated as "Lodging" on the Future Land Use Plan Map of The
Town of Fountain Hills General Plan. This zoning district would allow
for low intensity resort and other associated lodging uses in areas that are
surrounded by low density single-family residential uses. The principal
use in this zoning district is lodging facilities of up to eight rooms per
acre.
C. L-3. L-3 Zoning District. The principal purpose of this zoning district is to
provide for well designed and attractive medium density lodging facilities
on sites designated as "Lodging" on the Future Land Use Plan Map of The
Town of Fountain Hills General Plan. This zoning district would allow
for medium intensity resort and other associated lodging uses in areas that
are surrounded by medium density single-family residential uses. The
principal use in this zoning district is lodging facilities of up to twelve
rooms per acre.
ORDINANCE 97-16
PAGE 2 OF 10
16.02 Permitted Uses.
A. Uses Permitted in the L-1, L-2 and L-3 Zoning Districts.
1. Hotels.
2. Motels.
3. Public and Quasi-Public Uses
a. Churches
b. Libraries, museums, parks, playgrounds, and community buildings.
c. Public Schools
d. Publicly or privately owned or operated fire stations, and publicly
owned or operated police stations and post offices
e. Utility Services, but not including public utility treatment and
generating plants or office.
16.03 Uses Subject to Special Use Permits in L-1, L-2 and L-3 Zoning Districts.
A. Restaurants and cafes, including the utilization of an enclosed patio with or
without alcoholic beverage sales, provided that there is no entertainment or music
audible off-site, providing the following criteria are met:
1. Restaurants and cafes can only exist as an accessory use to a hotel or
motel. A Special Use Permit for a restaurant/cafe will become void if the
hotel/motel to which it is an accessory use ceases operations.
2. The restaurant/cafe must be located on the same lot or parcel of land as
the hotel/motel to which it is an accessory use.
3. The restaurant/cafe shall not exceed 15 percent of the roofed floor area of
the building(s) on the site.
4. Only Series 11 (Hotel/Motel with Restaurant License), Series 12
(Restaurant, All Liquor) and a Series 14 (Private Club License) liquor
licenses shall be eligible for approval in the L-1, L-2 and L-3 Zoning
Districts.
5. The signage regulations of Section 6.07 (E) of this ordinance shall be met.
Low ORDINANCE 97-16
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B. Gift shops and retail clothing stores having less than 250 square feet in area
providing the following criteria are met:
1. Gift shops and clothing stores can only exist as an accessory use to a hotel
or motel, and must be located within the principal building of the
hotel/motel. A Special Use Permit for a gift shop/clothing store will
become void if the hotel/motel to which it is an accessory use ceases
operations.
2. The signage regulations of Section 6.07 (E) of this ordinance shall be met.
16.04 Additional Regulations.
A. All Lodging Zoning Districts.
1. Site Enclosure and Screening Requirements: Unless fully or partially
waived by the Community Development Director, lodging sites and/or uses
shall be enclosed to provide effective site screening from adjoining
properties, uses or streets as follows:
a. A solid wall, not less than six (6) feet in height shall be required
along and adjacent to any side or rear property line abutting any
residential zone boundary, or any alley abutting such zone
boundary at the time of development of the lodging property.
Further, any access gates in said solid wall shall be constructed of
view-obscuring material to provide effective site screening.
b. The perimeter of any portion of a site not adjacent to a residential
zone boundary upon which any outdoor use of an accessory
commercial nature is permitted shall be enclosed to a height of not
less than six (6) feet by building walls, walls or fences of any
view-obscuring material. No outdoor accessory commercial use or
enclosure thereof shall encroach into any required setback area
adjacent to any street, nor shall any storage products or materials
exceed the height of any such enclosure.
2. Any outdoor lighting shall be in conformance with provisions in Chapter
8 hereof. Any outdoor lighting shall be placed so as to reflect light away
from any adjoining residential Zoning District.
ORDINANCE 97-16
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3. If the lodging use or any accessory commercial uses expand, it shall, in
addition to the parking spaces in existence prior to such expansion, be
required to provide only the number of additional parking spaces
necessitated by the expansion.
4. All accessory facilities and uses, including but not limited to
restaurants/cafes, gift shops, retail clothing stores and meeting or
conference facilities, shall not exceed 20 percent of the roofed floor area
of the building(s) on the site.
B. Performance Requirements for the Lodging Zoning Districts.
1. All building permits for new construction shall include completion of all
right-of-way improvements required for that type of development by the
subdivision ordinance.
2. Site plans shall be designed in such manner that they minimize the traffic
impact on local residential streets.
3. Buildings and their appurtenances shall be oriented to limit conflicts with
surrounding residential uses due to noise, light, litter, or dust.
4. There shall be no outdoor music or speakers.
5. When a lodging property abuts a residential district, the following
standards shall be required:
a. A twenty (20) foot landscaped buffer shall be provided for the full
distance where the two properties abut.
b. Lighting of the site shall not exceed fifteen (15) feet in height and
shall be fully screened and directed away from residences or
residentially zoned land in the vicinity of the site.
c. Mechanical equipment must be located or screened to limit sound
transfer to nearby residentially zoned property. All mechanical
equipment must be screened from public view and view of
adjoining properties.
d. Noise producing mechanical equipment must be located at least
twenty (20) feet from any common property line with residentially
zoned property.
ORDINANCE 97-16
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e. Openings in buildings and activity centers on sites shall be located
coo to minimize interference with residential uses.
f. Drainage from buildings and parking lot areas shall be detained on-
site and shall be directed only into a drainage system approved by
the Town Engineer.
Loading and delivery entrances shall be located away from the
interface with residential uses or shall be screened to prevent the
intrusion of the lodging or accessory activities into the adjacent
residential neighborhood.
h. All activity (except required on-site parking, loading and unloading
areas, and incidental or accessory storage and display areas) shall
be within a completely enclosed building, unless otherwise
specifically noted herein.
i. All trash enclosures and outside storage of any kind shall be
located at least 80 feet from any residential zoning district and
shall be screened by a six-foot high concrete block or masonry
wall.
16.05 General Provisions. The General Provisions in Chapter 5 shall apply, except where noted
in Section 16.06.
16.06 Hillside Disturbance. Any land located within the L-1, L-2 and L-3 Zoning Districts
shall be developed according to the Hillside Disturbance regulations in Section 504 of The
Town of Fountain Hills Subdivision Ordinance. Any regulations contained within Chapter
5 of this Ordinance that conflict with Section 504 of The Town of Fountain Hills
Subdivision Ordinance shall not apply.
16.07 Signs. The regulations in Chapter 6 shall apply.
16.08 Parking and Loading. The parking and loading regulations in Chapter 7 shall apply.
16.09 Outdoor Lighting. The provisions of Chapter 8 shall apply.
16.10 Plan Review. The provisions of Chapter 2, Section 2.04 shall apply.
16.11 Density, Area, Building and Yard Regulations: The chart which follows specifies the
minimum lot sizes, minimum lot area per room, minimum lot widths, maximum building
heights, minimum yard setbacks and maximum lot coverage percentages, and the
minimum distance between buildings.
ORDINANCE 97-16
PAGE 6OF10
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Section 2. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain
Hills, the Table of Contents of the Zoning Ordinance for the Town of Fountain Hills shall
be amended as follows:
TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE
TABLE OF CONTENTS
CHAPTER 6 - SIGN REGULATIONS Page 6-1
6.07 Signs Permitted For Non-Residential Uses In The Following Districts . Page 6-10
A. OSR, R-190, R1-43, R1-35, R1-35H, R1-18, R1-10, R1-10A,
R1-8, R1-8A, R1-6, R1-6A, M-1, M-2, M-3, R-2, R-3, R-4,
and R-5 Districts Page 6-10
B. C-O District Page 6-12
C. C-1 District Page 6-13
D. C-2, C-3, IND-1 and IND-2 Districts Page 6-15
E. L-1, L-2 and L-3 Zoning Districts Page 6-17
L
CHAPTER 16 - LODGING ZONING DISTRICTS Page 16-1
16.01 Purpose Page 16-1
A. L-1 Zoning District Page 16-1
B. L-2 Zoning District Page 16-1
C. L-3 Zoning District Page 16-1
16.02 Permitted Uses Page 16-1
A. In L-1, L-2 and L-3 Zoning Districts Page 16-1
16.03 Uses Subject to Special Use Permits Page 16-2
16.04 Additional Regulations Page 16-3
A. All Lodging Zoning Districts Page 16-3
B. Performance Requirements for the Lodging Zoning Districts . Page 16-3
16.05 General Provisions Page 16-5
16.06 Hillside Disturbance Regulations Page 16-5
16.07 Signs Page 16-5
16.08 Parking and Loading Page 16-5
16.09 Outdoor Lighting Page 16-5
16.10 Plan Review Page 16-5
16.11 Density, Area, Building and Yard Regulations Page 16-5
ORDINANCE 97-16
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Section 3. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain
Hills, Chapter 3 of the Zoning Ordinance for the Town of Fountain Hills shall be
amended as follows:
CHAPTER 3
ESTABLISHMENT OF ZONING DISTRICTS AND BOUNDARIES THEREOF
3.01 Establishment of Zoning Districts.
UT Utility Zoning District.
MH Mobile Home Zoning District.
L-1 Lodging Zoning District
L-2 Lodging Zoning District
L-3 Lodging Zoning District
Section 4. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of
Fountain Hills, Chapter 6 of the Zoning Ordinance for the Town of Fountain Hills
shall be amended as follows:
CHAPTER 6
SIGN REGULATIONS
6.07 Signs Permitted For Non-Residential Uses In The Following Districts:
E. L-1, L-2 and L-3 Zoning Districts.
1. There shall be no signage on any lot or parcel within the L-1, L-2 or L-3
Zoning District, except for one (1) freestanding identification sign,
regardless of the number of primary or accessory uses on the lot or parcel.
a. Such sign shall have a maximum area of twenty-four (24) square
feet.
ORDINANCE 97-16
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b. Such sign shall have a maximum height of five (5) feet.
c. Such sign, if over 3.5 feet in height, shall not be permitted within
g
the front or street side-yard setback.
d. Such sign shall not be internally illuminated.
e. A landscaped area shall be provided at the base of the freestanding
sign, having a minimum landscaped area of four (4) square feet for
each square foot of sign area.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 1st day of May, 1997.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Cia4L-$11
Je Mil , Mayor Cassie B. Hansen, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
7h(Aile
Paul L. ordin, Town Manager William E. Farrell, Town Attorney
ORDINANCE 97-16
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