HomeMy WebLinkAboutOrd 1998-36 TOWN OF FOUNTAIN HILLS
ORDINANCE #98-36
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, ADDING CHAPTER 18 TO
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 TO CREATE THE
TOWN CENTER COMMERCIAL ZONING DISTRICT.
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 a new
commercial zoning district,the "Town Center Commercial"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 written the text of Chapter of The Zoning
Ordinance for the Town of Fountain Hills and published this proposed text change
in the official newspaper of general circulation, The Times of Fountain Hills and Rio
Verde on November 25, 1998 and on December 2,9, and 16, 1998 and;
WHEREAS, Public hearings were advertised in the November 25, 1998 and in the December 2,
9, and 16, 1998 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 December 10, 1998 and by the Fountain Hills Town Council on December 17,
1998.
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 18 of The Zoning Ordinance for the Town of Fountain Hills
shall be added as follows:
(liar 'ASS' 'AIL
MOTION 0 ►�'�
SECOND
COUNT 7-D
CHAPTER 18
TOWN CENTER COMMERCIAL ZONING DISTRICT
18.01 Purpose.
Town Center Commercial Zoning District. The principal purpose of this zoning district
is to provide for a variety of pedestrian-oriented retail, office, lodging, residential
and civic land uses in the Town Center area. The intent of the district is to
encourage the development and sustainability of a vibrant mixed-use area where
residents and visitors can live, work, shop, dine, be entertained, enjoy community
and cultural events and contribute to the economic viability of the Town Center area
and the Town as a whole.
18.02 Intent. The Town Center Commercial Zoning District designation should be applied to
land that meets the following primary characteristics:
A. Such a designation is appropriate in the Town Center area of the Town where
commercial, lodging, residential and civic activities are desirable for the benefit of
the residents thereof and the Town in general.
B. Application of this district would be appropriate where its permitted uses and
performance standards serve to widen the Town's economic base and further the
development of the Town Center area as envisioned by the Council.
C. All new construction within the Town Center Zoning District shall conform to the
General Provisions as specified in Chapter 5 and any other relevant regulations of
this Zoning Ordinance unless noted in this Chapter, in which case the regulations in
this Chapter shall prevail.
18.03 Permitted Uses.
A. Any Uses Permitted in the C-O Zoning District.
B. Any of the Following Commercial Uses:
1. Amusement arcades enclosed within a building.
2. Bakeries.
3. Banks.
4. Bars—On premise consumption only. No adult entertainment.
5. Barbershops.
Chapter 18-Town Center Commercial Zoning District Page 18-2
6. Bookstores, other than adult bookstores.
7. Blueprint,photostatic and reproduction (copy) services.
8. Catering establishments not utilizing any manufacturing process or outside
storage of materials or vehicles.
9. Child care centers.
10. Conservatories or studios: Visual arts, dancing or music. Includes the
creation, display and sale.
11. Dry-cleaners.
12. Dry-goods and notions.
13. Florists (retail).
14. Food Stores.
15. Furniture stores: New,used, finished or unfinished; No manufacturing.
16. Health spas and public gyms.
17. Hotels and Motels.
18. Gift Shops.
19. Insurance agencies.
20. Laboratories,medical or dental.
21. Metal and ornamental iron shops. Any production/storage areas shall be
enclosed within a building.
22. Outdoor seating areas for restaurants, delicatessens, cafes or bars with or
without alcoholic beverage service, subject to the regulations of this
Chapter.
23. Parking lots and public garages, subject to parking standards in Chapter 7.
24. Pharmacies.
25. Photo shops.
26. Photo studios.
27. Printing, lithography and publishing establishments.
28. Private schools for academic instruction.
29. Private schools for vocational education.
30. Radio and television broadcasting stations and studios, but not including
transmitter towers and stations.
31. Restaurants, delicatessens and cafes (including the sale of alcoholic
beverages-On premise consumption only).
32. Retail stores.
33. Theaters, but not including a drive-in theater or adult oriented facilities as
defined under Chapter 1, Section 1.12 of this Ordinance.
34. Variety stores.
35. Wearing apparel stores.
36. Accessory buildings and uses customarily incidental to the above.
C. The following public and quasi-public uses
1. Open space malls and pedestrian corridors.
Chapter 18-Town Center Commercial Zoning District Page 18-3
2. Churches
3. Libraries, museums,parks,playgrounds, and community buildings.
4. Publicly or privately owned or operated fire stations, and publicly owned or
operated police stations and post offices
5. Utility Services, but not including offices, waste water treatment plants,
generating plants, and wireless communication towers and antennas, unless
otherwise specifically permitted elsewhere in the ordinance.
6. Accessory buildings and uses customarily incidental to the above.
Because no list of uses can be complete, the Community Development Director will
render decisions on additional uses with appeal to the Town Council.
18.04 Uses Subject to Temporary Use Permits.
A. Pushcarts
18.05 Uses Subject to Special Use Permits.
A. Liquor stores.
B. Group Homes for Handicapped and Elderly People, Nursing Homes, Homes for the
Aged, Convalescent Homes, and Assisted Care Facilities.
C. Multi-family residential dwellings. Residential developments shall conform to "M-
3" Zoning District regulations unless those regulations differ from the regulations
contained in this Chapter, in which case the regulations of this Chapter shall control.
D. Operation of commercial or professional activities between eleven p.m. and seven
a.m.
E. Time Share Resorts.
F. Shared Parking Agreements.
G. Drive-in window facilities for banks and dry cleaners only.
18.06 Prohibited Uses:
A. Amusement parks, arcades, drive-in or outdoor theaters, miniature golf courses, and
golf driving ranges.
B. Automobile laundries, car washes or automobile detailing businesses.
C. Automobile repair shops and garages.
D. Automotive fuel dispensing stations or gasoline sales.
E. Cemeteries,pet cemeteries, or mausoleums.
F. Drive-in restaurants and refreshment stands.
G. Drive-in window facilities.
H. Appliance sales, repair and service.
Chapter 18-Town Center Commercial Zoning District Page 18-4
I. Golf Courses as a primary use, including clubhouses located thereon, including
miniature courses or practice driving ranges operated for commercial purposes.
J. Hardware stores.
K. Kennels, indoor or outdoor.
L. Laundries, self-serve or coin operated.
M. Mortuaries.
N. Outside storage of any kind.
O. Plumbing shops.
P. Pool halls or billiard centers.
Q. Public schools.
R. Sports arenas.
S. Trade schools.
T. Upholstery shops.
U. Veterinary hospitals and clinics for animals.
18.07 Additional Regulations.
A. Any outdoor lighting shall be in conformance with the provisions in Chapter 8. All
outside lighting shall not exceed twenty (20) feet in height and shall be fully
shielded and directed away from residential or time-share uses in the vicinity of the
site.
B. Any recorded or live music or sound that is electronically amplified shall only be
permitted at establishments with outdoor patios and shall not be audible at a
distance of more than 100 feet from the business premises from which it originates.
C. If a business expands, 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.
D. 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.
E. Prior to the approval of any sign permit, a comprehensive sign plan for the Town
Center Area shall be submitted and approved by the Town Council. All signage
shall conform to that Plan.
F. Site plans shall be designed in such manner that they minimize the vehicular traffic
impact on local residential streets. Extraordinary pedestrian circulation routes shall
be developed internally and externally to provide pedestrian access to adjacent
commercial, residential and institutional uses.
✓ Chapter 18-Town Center Commercial Zoning District Page 18-5
G. Buildings and their appurtenances shall be oriented to limit conflicts with
surrounding residential uses due to noise, light, litter, or dust.
H. When a non-residential use abuts a residential or time-share use, a thirty (30) foot
landscaped buffer shall be provided on the residential or time-share site for the full
distance where the two properties abut. Dedicated pedestrian walkways or malls
that are at least thirty(30) feet wide may serve as this buffer.
I. Mechanical equipment must be located or screened to limit sound transfer to nearby
residential or time-share property.
J. Noise producing mechanical equipment must be located at least twenty (20) feet
from any common property line with a residential or time-share use.
K. Fences and/or extraordinary landscaping shall be developed and maintained along
the property lines of residential or time-share uses to prevent the intrusion of
unwanted light, dust or blowing debris.
L. Any fences or walls abutting any dedicated open area mall or pedestrian access
parcel shall be limited to 3.5 feet in height. Except within required front or street
side-yard setbacks, wrought iron vertical extensions may be placed on top of these
low walls to a maximum height of five (5)feet.
M. Prior to the issuance of any building permit, a Master Landscaping and Lighting
Plan shall be submitted and administratively approved by the Town for the Town
Center Area. Prior to the issuance of any building permit, a landscape and lighting
plan, prepared and stamped by an Arizona-registered landscape architect, shall be
submitted and approved as a part of the building permit application. Individual
landscape and lighting plans shall be in conformance with the Master Landscape
and Lighting Plan.
N. Prior to the issuance of any building permit, a Master Design and Architectural Plan
(MDAP) shall be submitted and approved by the Town Council for the Town
Center Area. The MDAP shall consist of language, exhibits and colored typical
elevations that will set forth the required architectural style or styles, colors and
exterior materials available for use within the Zoning District. Prior to the issuance
of any building permit, such plans shall be in conformance with the MDAP.
O. Openings in buildings and activity centers on sites shall be located to minimize
interference with abutting residential or time-share uses.
Chapter 18-Town Center Commercial Zoning District Page 18-6
P. Drainage from buildings and parking lot areas shall be detained on-site and/or shall
Lie be directed only into a drainage system approved by the Town Engineer.
Q. Loading and delivery entrances shall be located away from the interface with
abutting residential or time share uses and abutting open space malls or dedicated
pedestrian access parcels.
R. All business activity (except required on-site parking, loading and unloading areas)
shall be within a completely enclosed building, unless otherwise specifically noted
herein.
S. All mechanical equipment must be screened from public view and view of adjoining
properties.
18.08 General Provisions. The General Provisions in Chapter 5 shall apply, except where
provided for in this Chapter.
18.09 Signs. The regulations in Chapter 6 shall apply,except where provided for in this Chapter.
18.10 Parking and Loading. The parking and loading regulations in Chapter 7 shall apply,
except where provided for in this Chapter.
18.11 Outdoor Lighting. The provisions of Chapter 8 shall apply, except where provided for in
this Chapter.
18.12 Plan Review. The provisions of Chapter 2, Section 2.04 shall apply.
18.13 Density, Area, Building and Yard Regulations: The chart which follows specifies the
minimum lot sizes, minimum lot widths, maximum building heights, minimum yard
setbacks and maximum lot coverage percentages, and the minimum distance between
buildings.
,,. Chapter 18-Town Center Commercial Zoning District Page 18-7
E- Q >» ww g < 04 ao ,SW x
H
oazo wE0a ° xg az° z K >" F -j �Q F woc2 F"
cire UW zW `� whooa � oO zw0 ° ca wx� w ° P4zK QWW ° t _ az aw zbW Q
C W w x V) oo " 2A4" wx ¢ ¢ Q
¢ Hac a Ww Q cnv a_
W QQza ° W 2M �WWQ' ca Q U
C, vx, 0a � � a za- � o v' Uwa N x
O fx aa E.CJA= p¢„ < UZ S A W Ua'
PHP
° � �p¢� � � wo ,2 u 1
-izA ° zu1 F -4III � oAW o o wz
! ilH
y U (24 00 ° .4 < x
a Q
N ` H c.) t .t.'.'4 "„ , t2 71 E- -4 - z "--r1 04 a" por, (4 a
`� aa � 0aw0 H
F-� Fzoc �, W wFU ,,, a .. 4 w N ,
�" x FAQ zGa Ca Q azwA � � ° 00
¢ E. ma � F F" Az coA3 � 5 00
� a W A ° 3w ° g > a ca � z � off.
,.a ED
� W Z -da. o°rgH Nag Q � > a
� V , v c azF' Q aW a ° W33 F w
,,9 W gG p v) N Q0w z(, W ¢ zgwzm � w, sw
a00z(-) g - < ... B ,n 3 w 0 N 3 '"- ;4 3 — 'LIZ ZP•1 0
LT. U
4W6a iE ° Q Hbd W
c _OO [A4 3 ° Qw� aa ° 34xarQ� M ° Q
a HPd
z
Za Q a
ZU C .1 (2, d ° = a - z aalcow ma o
EF- x�;
N 3 ft N ¢ 0. emu" W Ca7UwaPQ.. a° A o
C a c4WwK 3 `� H r40a z
� carxUalE. ,Wi, ¢ E.. �wi, rwi/ a `i, v¢, ° Al OW w0 •�
H ¢ y ¢ Aw8 ° ca ° w < .4x F-
� xH � >. zZw a04, W ¢ caa � °mw
A � W „ z � r� �l " ni
� ' ‹ ° z " ¢ d an
a1 c v, o3F- H pg qw � w0 E55 z›wQ A ¢ oQ
oHxo A H a° Q0
xEoO � xp ° A cCwv a n0 § u, E. io^ a � OzwMo, Fxo HbH
Wao W �w dQ . cA' a ¢ o E
nom - WA w ° oa2oz - — � o
>- z o
Q < N2ma aQwa '4 : 2 ° s.
U
QW W oao � oUzX OW3o ° Uz Uw a)
Qa ,d zacawwo z °oa � � [.q Zw � w
(4 V U p z V o w o v w x z , o a o W U
< coE4 " tioAa < pviz ;› ' zr, zF_ 3
QWatFUa QE, ' ° caw ° ¢ F, 3z 3 �' o
U zq ¢ gz ,' z ¢ Uzp. zQWQ w ° o E. o F'
C a44Ma 3OYww x ¢ x " a Aa ' o0
U _ >. z _ 3 3wca �, 3 � WMI w E- at H -
ct
b v U
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 10th day of December, 1998.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
A(Afait/ )J-AA&A,
Sharon Morgan,Mayor Cassie B. Hansen,Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
'AZ(/L 3
Paul L. ordin,Town Manager William E. Farrell, Town Attorney