HomeMy WebLinkAboutOrd 1998-17 ORDINANCE #98-17
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 ALLOWING TEMPORARY CARNIVALS, CIRCUSES,REVIVALS,
RODEOS,SWAP MEETS,OUTDOOR RETAIL SALES AND SIMILAR
ACTIVITIES TO BE HELD MORE THAN FOUR TIMES A YEAR WITH A
TEMPORARY USE PERMIT AND TOWN COUNCIL APPROVAL.
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 allow temporary carnivals, circuses,
revivals, rodeos, swap meets, outdoor retail sales and similar activities to be
held more than four times a year with a temporary use permit and Town
Council approval; and
WHEREAS The procedures detailed in Chapter 2, Section 2.01 of The Zoning Ordinance
for the Town of Fountain Hills has been followed; and
WHEREAS The Town of Fountain Hills has shown the deletions and additions of the text
in Chapters 1 and 10, The Zoning Ordinance of the Town of Fountain Hills,
by showing the deletions in the "strike-out" form and showing the additions
with bold large printing and published these proposed text changes in the
official newspaper of general circulation, The Times of Fountain Hills on
April 8, 15, 22, 29 and May 6, 1998; and
WHEREAS The Planning and Zoning Commission's public hearing was advertised in the
official newspaper of general circulation, The Times of Fountain Hills on
April 8, 15, 22, 1998; and
WHEREAS The Town Council's public hearing was advertised in the official newspaper
of general circulation, The Times of Fountain Hills on April 8, 15, 22, 29,
and May 6, 1998; and
WHEREAS Public hearings were held by the Fountain Hills Planning and Zoning
Commission on April 23, 1998, and by the Fountain Hills Town Council on
May 7, 1998.
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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. Revisions to Chapter 5, Section 5.16 of the Zoning Ordinance for the Town
of Fountain Hills is amended as follows, with the strikeout areas showing deletions and the
underlined portions showing the additions
CHAPTER 5
GENERAL PROVISIONS
5.16 Temporary Carnivals, Circuses,Revivals,Rodeos,Swap Meets, Outdoor
Retail Sales and Similar Activities.
A. Applicability. The provisions of this Section do not apply to garage sales
or rummage sales. All other temporary carnivals, circuses, revivals,
rodeos, swap meets, outdoor sales, and similar activities may be permitted
only in OSR, Commercial and Industrial Zoning Districts subject to the
restrictions of Subsection B of this Section.
B. Temporary Use Permit. A temporary use permit shall be obtained from
the Zoning Administrator in accordance with the following:
1. The Zoning Administrator shall ensure that health and safety are
considered, and shall obtain the approval of the Maricopa County
Health Department, the Fire District, and the Town Marshal's
Office prior to issuing the temporary use permit.
2. The Zoning Administrator shall ensure that land area is adequate
for the proposed use and consequent parking, and shall ensure that
traffic safety is considered.
3. The Zoning Administrator shall require any measures necessary to
protect surrounding property.
4. A time limit shall be established for each use conducted under the
temporary use permit. Unless otherwise previously
approved by the Town Council, the Thia time limit shall in
not exceed seven (7) consecutive days, nor shall there
be more than four(4) temporary use permits 1 e issued for the
same use during any calendar year. The Town Council may
grant permission for the same use to be held more
than four (4) times during a calendar year.
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Ordinance#98-17 May 7,1998 3
5. Permanent structures shall not be permitted under a temporary use
permit.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain
Hills, Arizona,this seventh day of May 1998.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ciaild_t_Lei )L11,14.4.
Jerr M. s, a or Cassie B. Hansen,Town Clerk
RE IEWED BY: APPROVED AS TO FORM:
)1/„,,,(A. ,P
Paul ordin,Town Manager William E. Farrell,Town Attorney
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