HomeMy WebLinkAboutOrd 1997-31 ORDINANCE 97-31
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEXT OF
THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS
PURSUANT CHAPTER 2, SECTION 2.01, BY REQUIRING SOLID
FENCING AROUND OUTDOOR STORAGE YARDS AND BY
INCREASING THE MINIMUM HEIGHT OF SUCH FENCING FROM SIX
(6) FEET TO EIGHT (8) FEET IN COMMERCIAL, INDUSTRIAL,
LODGING, AND UTILITY ZONING DISTRICTS.
WHEREAS The Town desires to screen outdoor storage items from public view; and
WHEREAS The Town desires to require opaque screening instead of "view obscuring
screening"; and
WHEREAS The Town desires to increase the minimum height of outdoor storage yard fences
from six (6) feet to eight (8) feet in the commercial, industrial, lodging and utility
zoning districts ; and
WHEREAS Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes.
establishes the authority and procedures for amending the zoning ordinance; and
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WHEREAS The Town of Fountain Hills advertised the proposed amendments with 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 July 31, August
6, 13, 20, 28, and September 4, 1997; and
WHEREAS Public hearings were also advertised in the same public notices in display
advertisements of one-eighth page or greater in size, in the official newspaper of
general circulation, the Times of Fountain Hills, on July 31, August 6, 13, 20, 28,
and September 4, 1997; and said public hearings were held by the Fountain Hills
Planning and Zoning Commission on August 14, 1997, and by the Fountain Hills
Town Council on September 4, 1997, to invite comments from the public;
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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. The text of Chapter 5, GENERAL PROVISIONS, Section 5.13 Storage and
Parking of Mobile Homes, Boats, Aircraft, Truck Campers, Camping
Trailers, Travel Trailers, and Other Trailers, shall be amended as shown in
below, with the additions in the bold large type numbers and the deletions in the
strikeout form:
CHAPTER 5
GENERAL PROVISIONS
5.13 Storage and Parking of Mobile Homes, Boats, Aircraft, Truck Campers, Camping
Trailers, Travel Trailers, and Other Trailers.
A. Storage. Motor homes, travel trailers, camping trailers, other trailers, boats or
utility trailers, shall only be stored, parked, or located in any zoning district in the
following ways:
3. Such vehicles must be behind a six (6) foot high SOLID MASONRY,
CONCRETE OR EARTHEN PRODUCT WALL. FURTHER, ANY
ACCESS GATES SHALL BE CONSTRUCTED OF VIEW-
OBSCURING MATERIALS TO PROVIDE EFFECTIVE SITE
SCREENING. APPROVAL OF THE ALTERNATIVE SCREENING
METHODS NOT LISTED ABOVE SHALL BE BY THE COUNCIL.
sight obscuring fence. A landscaped barrier that initially screens fifty
percent (50%) of the lower six (6) feet of such vehicle(s) and will cover
vehicle(s) by November 19, 1994, may be substituted for a six (6) foot
high sight obscuring fence.
Ordinance#97-31 Page 2 of 9
Section 2. The text of Chapter 12, COMMERCIAL ZONING DISTRICTS, Section 12.02
Permitted Uses, shall be amended as shown in below, with the additions in the
bold large type numbers and the deletions in the strikeout form:
CHAPTER 12
COMMERCIAL ZONING DISTRICTS
12.02 Permitted Uses.
D. In C-3 Zoning Districts, the following uses are also permitted:
4. Landscape material sales, provided all incidental equipment
and supplies, including fertilizer and empty cans, are kept
within a completely enclosed building or within an area
enclosed on all sides by A SOLID MASONRY,
CONCRETE OR EARTHEN PRODUCT WALL NOT
LESS THAN EIGHT (8) FEET IN HEIGHT.
FURTHER, ANY ACCESS GATES SHALL BE
CONSTRUCTED OF VIEW-OBSCURING MATERIALS
TO PROVIDE EFFECTIVE SITE SCREENING.
APPROVAL OF THE ALTERNATIVE SCREENING
METHODS NOT LISTED ABOVE SHALL BE BY THE
COUNCIL. a solid fence or wall at least six (6) feet in
height and no No goods, materials or objects fife MAY BE
stacked higher than the fence or wall so erected.
8. Nurseries, flower and plant sales, provided all incidental
equipment and supplies including fertilizer and empty cans,
are kept within a completely enclosed building or within an
area enclosed on all sides by A SOLID MASONRY,
CONCRETE OR EARTHEN PRODUCT WALL NOT
LESS THAN EIGHT (8) FEET IN HEIGHT.
FURTHER, ANY ACCESS GATES SHALL BE
CONSTRUCTED OF VIEW-OBSCURING MATERIALS
TO PROVIDE EFFECTIVE SITE SCREENING.
APPROVAL OF THE ALTERNATIVE SCREENING
METHODS NOT LISTED ABOVE SHALL BE BY THE
COUNCIL. a solid fence or wall at least six (6) feet in
height and no No goods, materials or objects a MAY BE
stacked higher than the fence or wall so erected.
Ordinance#97-31 Page 3 of 9
Section 3. The text of Chapter 12, COMMERCIAL ZONING DISTRICTS, Section 12.05
Uses Subject to Special Use Permits in C-2 Zoning Districts Only, shall be
11160, amended as shown in below, with the additions in the bold large type numbers
and the deletions in the strikeout form:
CHAPTER 12
COMMERCIAL ZONING DISTRICTS
12.05 Uses Subject to Special Use Permits in C-2 Zoning Districts Only:
B. Building and landscape material sales, provided all incidental
equipment and supplies are kept within a completely enclosed
building or within an area enclosed on all sides by 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 NOT LISTED
ABOVE SHALL BE BY THE COUNCIL. a solid fence or wall
at least six (6) feet in height and no NO goods, materials or
objects e MAY BE stacked higher than the fence or wall so
erected.
D. Nurseries, flower and plant sales, provided all incidental equipment
and supplies including fertilizer and empty cans, are kept within a
completely enclosed building or within an area enclosed on all
sides by A SOLID MASONRY, CONCRETE OR EARTHEN
PRODUCT WALL NOT LESS THAN EIGHT (8) FEET IN
HEIGHT. FURTHER, ANY ACCESS GATES SHALL BE
CONSTRUCTED OF VIEW-OBSCURING MATERIALS TO
PROVIDE EFFECTIVE SITE SCREENING. APPROVAL OF
THE ALTERNATIVE SCREENING METHODS NOT LISTED
ABOVE SHALL BE BY THE COUNCIL. a solid fence or wall
at least six (6) feet in height and no No goods, materials or
objects are MAY BE stacked higher than the fence or wall so
erected.
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Ordinance#97-31 Page 4 of 9
Section 4. The text of Chapter 12, COMMERCIAL ZONING DISTRICTS, Section 12.07
Additional Regulations, shall be amended as shown in below, with the additions
in the bold large type numbers and the deletions in the strikeout form:
CHAPTER 12
COMMERCIAL ZONING DISTRICTS
12.07 Additional Regulations.
A. All Commercial Zoning Districts.
1. Site Enclosure and Screening Requirements: Commercial
site and/or uses shall be enclosed to provide effective site
screening from adjoining properties, uses or streets as
follows:
a. A solid MASONRY, CONCRETE OR EARTHEN
PRODUCT WALL NOT LESS THAN EIGHT (8)
FEET IN HEIGHT 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
commercial 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 a commercial nature is permitted
shall be enclosed BY A SOLID MASONRY,
CONCRETE OR EARTHEN PRODUCT WALL
NOT LESS THAN EIGHT (8) FEET IN
HEIGHT. FURTHER, ANY ACCESS GATES
SHALL BE CONSTRUCTED OF VIEW-
OBSCURING MATERIALS TO PROVIDE
EFFECTIVE SITE SCREENING. APPROVAL
OF THE ALTERNATIVE SCREENING
METHODS NOT LISTED ABOVE SHALL BE
BY THE COUNCIL. to a height of not less than
six (6) feet by building walls, walls or fences of any
view obscuring material. No outdoor commercial
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Ordinance#97-31 Page 5 of 9
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.
Section 5. The text of Chapter 13, INDUSTRIAL ZONING DISTRICTS, Section 13.04
Additional Regulations, shall be amended as shown in below, with the additions
in the bold large type numbers and the deletions in the strikeout form:
CHAPTER 13
INDUSTRIAL ZONING DISTRICTS
13.04 Additional Regulations. In the Industrial Zoning Districts, the additional
regulations are as follows:
D. Site Enclosure and Screening Requirements. Industrial sites and/or
uses 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:
2. A solid masonry, concrete or earthen product wall not less
than six (6) feet EIGHT (8) in height, or approved
landscaped berms, landscape screening or combinations
thereof shall be required along and adjacent to any side or
rear property line abutting any residential zone boundary, or
any alley abutting such zoning district boundary. 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 Commission upon recommendation of the staff.
3. In an IND-1 Zoning District, any outdoor facility of an
allowed industrial use is permitted. However, such facility
shall be screened to a height of not less than )EIGHT
(8) feet in height by building walls, A SOLID
MASONRY, CONCRETE OR EARTHEN PRODUCT
WALL, walls or fences of any view obscuring material,
approved landscaped berms, landscape screening or
combinations thereof. No outdoor industrial use or
enclosure thereof shall encroach into any required setback
Waire Ordinance#97-31 Page 6 of 9
products or materials shall exceed the height of any such
enclosure. Approval of the alternative screening methods
listed above shall be by the Commission upon
recommendation of the staff. In an IND-2 Zoning District,
the perimeter of any portion of a site not adjacent to a
residential zone boundary upon which any outdoor use of
an industrial nature is permitted shall be enclosed to a
height of not less than six (6) feet EIGHT (8) by building
walls, A SOLID MASONRY, CONCRETE OR
EARTHEN PRODUCT WALL, walls or fences of any
No outdoor industrial 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.
Section 6. The text of Chapter 14, UTILITY ZONING DISTRICT, Section 14.07
Additional Regulations, shall be amended as shown in below, with the additions
in the bold large type numbers and the deletions in the strikeout form:
CHAPTER 14
UTILITY ZONING DISTRICT
tkir 14.07 Additional Regulations. In the Utility Zoning District, the additional
regulations are as follows:
C. Site Enclosure and Screening Requirements. Industrial sites and/or
uses 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:
2. A solid masonry, concrete or earthen product wall not less
than six (6) feet EIGHT (8) feet in height or approved
landscaped berms, landscape screening or combinations
thereof 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. 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 Commission
upon recommendation of the staff.
3. Any outdoor use of an industrial nature is permitted, such
use shall be screened to a height of not less than six (6)
feet EIGHT (8) feet in height by building walls, A SOLID
MASONRY, CONCRETE OR EARTHEN PRODUCT
Ordinance#97-31 Page 7 of 9
WALL, walls or fences of any view obscuring material,
approved landscaped berms, landscape screening or
combinations thereof. No outdoor industrial 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.
Approval of the alternative screening methods listed above
shall be by the Commission upon recommendation of the
staff.
Section 7. The text of Chapter 16, LODGING ZONING DISTRICT, Section 16.04
Additional Regulations, shall be amended as shown in below, with the additions
in the bold large type numbers and the deletions in the strikeout form:
CHAPTER 16
LODGING ZONING DISTRICTS
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:
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) EIGHT (8) feet by building walls, A
SOLID MASONRY, CONCRETE OR EARTHEN
PRODUCT WALL, 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.
kirov Ordinance#97-31 Page 8 of 9
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this fourth day of September, 1997.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Je ile ayor Cassie B. Hansen, Town Clerk
REV WED BY: APPROVED AS TO FORM:
//%1"-- e:40/.. PA,J/
Paul . ordin, Town Manager William E. Farrell, Town Attorney
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Ordinance#97-31 Page 9 of 9