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HomeMy WebLinkAboutOrd 1997-39 ORDINANCE #97-39 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE CHAPTER 12, SECTION 12.05 USES SUBJECT TO SPECIAL USE PERMITS IN C-2 ZONING DISTRICTS ONLY AND 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, PURSUANT TO CHAPTER 2, SECTION 2.01 OF 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 permit vehicle storage yards by special use permit in the C-2 and C-3 zoning districts by special use permit only; and WHEREAS The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for irkitw the Town of Fountain Hills has been followed; and WHEREAS The Town of Fountain Hills has written expanded text of Chapter 12, Sections 12.05 and 12.06 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 on October 8, 15, 22, 29, and November 5, 1997; and WHEREAS The Planning and Zoning Commission's public hearing was advertised in the October 8, 15, and 22, 1997, editions of The Times of Fountain Hills, and the Town Council public hearing was advertised in the October 8, 15, 22, and November 5, 1997, editions of The Times of Fountain Hills, pursuant to Arizona Revised Statutes §9-462.04, and WHEREAS Public hearings were held by the Fountain Hills Planning and Zoning Commission on October 23, 1997 and by the Fountain Hills Town Council on November 6, 1997. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Ordinance#97-39 AS /FAIL - Page 1 of 6 MOTION 'jorr° - COUNT ._ S" ) \J Section 1. Chapter 12 Sections 12.05 and 12.06 of the Zoning Ordinance for the Town of Fountain Hills is amended as follows, with the "large, bold, small capital" text as the proposed new additional language: CHAPTER 12 COMMERCIAL ZONING DISTRICTS 12.05 Uses Subject to Special Use Permits in C-2 Zoning Districts Only: I. VEHICLE STORAGE FACILITIES. AT A MINIMUM, THE FOLLOWING REGULATIONS ARE PLACED UPON ANY SUCH A USE: 1. ANY OUTDOOR LIGHTING SHALL BE PLACED SO AS TO REFLECT LIGHT AWAY FROM ANY ADJOINING RESIDENTIAL ZONING DISTRICT. 2. REQUIRED YARDS ADJACENT TO ANY STREET SHALL BE LANDSCAPED AND SHALL NOT BE OCCUPIED BY ANY USE OR STRUCTURE INCLUDING PARKING OR LOADING SPACES EXCEPT FOR DRIVES AND ROADWAYS, SIGNS AND LIGHTING AS PERMITTED IN THIS ORDINANCE. 3. SITE ENCLOSURE AND SCREENING REQUIREMENTS. THE VEHICLE STORAGE FACILITIES SHALL BE ENCLOSED TO PROVIDE EFFECTIVE SITE SCREENING FROM ADJOINING PROPERTIES, USES OR STREETS BY THE USE OF EIGHT (8) FOOT HIGH SOLID MASONRY WALLS. THE VEHICLE STORAGE FACILITY ENCLOSURE SHALL NOT ENCROACH INTO ANY REQUIRED SETBACK AREA. 4. ALL VEHICLES BEING STORED OR PARKED SHALL BE LICENSED AND BE IN OPERATING ORDER. No WRECKED OR INOPERABLE VEHICLES MAY BE STORED IN A VEHICLE STORAGE FACILITY. 5. LANDSCAPE REQUIREMENTS. MINIMUM SITE LANDSCAPE REQUIREMENTS ARE AS FOLLOWS: (NOTE: THE TOWN city Ordinance#97-39 Page 2 of 6 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, ETC. SHALL BE LANDSCAPED AND MAINTAINED IN ACCORDANCE WITH AN APPROVED LANDSCAPE PLAN. B. LANDSCAPED AREAS SHALL INCLUDE AN APPROVED MIXTURE OF DROUGHT TOLERANT OR OTHER PLANT MATERIALS, AND ORGANIC AND NON-ORGANIC GROUND 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 TO THE PLANNING ,,, AND ZONING COMMISSION. C. AN AUTOMATIC IRRIGATION 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 SIX (6) INCH VERTICAL CONCRETE CURBING IN ORDER TO CONTROL STORM WATER FLOWS AND MINIMIZE DAMAGE BY VEHICULAR TRAFFIC. 6. 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, L Ordinance#97-39 Page 3 of 6 VIBRATION, ELECTROMAGNETIC DISTURBANCE, RADIATION OR OTHER SIMILAR CAUSES DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY OR GENERAL WELFARE. 7. THE STORAGE YARD MUST BE SURFACED WITH A DUST FREE MATERIAL APPROVED BY THE TOWN ENGINEER. 12.06 Uses Subject to Special Use Permits in C-3 Zoning Districts Only 3. VEHICLE STORAGE FACILITIES. AT A MINIMUM, THE FOLLOWING REGULATIONS ARE PLACED UPON ANY SUCH A USE: A. ANY OUTDOOR LIGHTING SHALL BE PLACED SO AS TO REFLECT LIGHT AWAY FROM ANY ADJOINING RESIDENTIAL ZONING DISTRICT. B. REQUIRED YARDS ADJACENT TO ANY STREET SHALL BE LANDSCAPED AND SHALL NOT BE OCCUPIED BY ANY USE OR STRUCTURE INCLUDING PARKING OR LOADING SPACES EXCEPT FOR DRIVES AND ROADWAYS, SIGNS AND LIGHTING AS PERMITTED IN THIS ORDINANCE. C. SITE ENCLOSURE AND SCREENING REQUIREMENTS. THE VEHICLE STORAGE FACILITIES SHALL BE ENCLOSED TO PROVIDE EFFECTIVE SITE SCREENING FROM ADJOINING PROPERTIES, USES OR STREETS BY THE USE OF EIGHT (8) FOOT HIGH SOLID MASONRY WALLS. THE VEHICLE STORAGE FACILITY ENCLOSURE SHALL NOT ENCROACH INTO ANY REQUIRED SETBACK AREA. D. ALL VEHICLES BEING STORED OR PARKED SHALL BE LICENSED AND BE IN OPERATING ORDER. NO WRECKED OR INOPERABLE VEHICLES MAY BE STORED IN A VEHICLE STORAGE FACILITY. E. LANDSCAPE REQUIREMENTS. MINIMUM SITE LANDSCAPE REQUIREMENTS ARE AS FOLLOWS: (NOTE: THE TOWN COUNCIL OR THE PLANNING AND ZONING COMMISSION MAY IMPOSE ADDITIONAL LANDSCAPE REQUIREMENTS.) L Ordinance#97-39 Page 4 of 6 (1) ANY PART OF A SITE NOT USED FOR BUILDINGS, PARKING, DRIVEWAYS, STORAGE YARD, SIDEWALKS, ETC. SHALL BE LANDSCAPED AND MAINTAINED IN ACCORDANCE WITH AN APPROVED LANDSCAPE PLAN. (2) LANDSCAPED AREAS SHALL INCLUDE AN APPROVED MIXTURE OF DROUGHT TOLERANT OR OTHER PLANT MATERIALS, AND ORGANIC AND NON-ORGANIC GROUND 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 TO THE PLANNING AND ZONING COMMISSION. (3) AN AUTOMATIC IRRIGATION SYSTEM SHALL BE PROVIDED AND MAINTAINED TO ALL LANDSCAPED AREAS REQUIRING WATER. (4) ALL LANDSCAPED AREAS ADJACENT TO VEHICULAR PARKING AND ACCESS AREAS SHALL BE PROTECTED BY SIX (6) INCH VERTICAL CONCRETE CURBING IN ORDER TO CONTROL STORM WATER FLOWS AND MINIMIZE DAMAGE BY VEHICULAR TRAFFIC. 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 Ordinance#97-39 Page 5 of 6 MATERIAL APPROVED BY THE TOWN ENGINEER. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this sixth day of November, 1997. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: cJ Jerry iles, ayor Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: /711"e" jAeMisz;° aul L. Nor in, Town Manager illiam E. Farrell, Town Attorney (kw Ordinance#97-39 Page 6 of 6