HomeMy WebLinkAboutOrd 2003-08 ORDINANCE NO. 03-08
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 5, SECTION
5.16, OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN
HILLS BY ALLOWING TEMPORARY OUTDOOR RETAIL SALES AND
SIMILAR ACTIVITIES TO BE HELD ON INTERMITTENT OR
NONCONSECUTIVE DAYS FOR A PERIOD APPROVED BY TOWN
COUNCIL WITH A TEMPORARY USE PERMIT.
WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance 93-22, on
November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills; and
WHEREAS, public hearings were advertised in the February 26, 2003, edition of the
Times of Fountain Hills pursuant to ARiz. REV. STAT. §9-462.04; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on March 13, 2003 and by the Mayor and Council on April 3, 2003.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows:
SECTION 1. The Town of Fountain Hills Zoning Ordinance, Chapter 5, General
Provisions, Section 5.16, is hereby amended as follows:
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
Zone 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 DEPARTMENT, 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.
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A. SUBMIT A SITE PLAN, TO SCALE, SHOWING THE PROPOSED
LOCATIONS OF TEMPORARY STRUCTURES AND ACTIVITIES,
AND IDENTIFY THE AVAILABLE PARKING AREAS.
B. ALL PARKING AREAS MUST BE PAVED OR HAVE AN
APPROVED METHOD OF DUST CONTROL FROM THE TOWN
ENGINEER.
C. IF THE PROPOSED TEMPORARY USE LOCATION IS WITHIN AN
EXISTING PARKING AREA, THE NUMBER OF PARKING SPACES
SHALL NOT BE REDUCED MORE THAN TEN PERCENT OF THE
TOTAL SPACES EXISTING, UNLESS OTHERWISE APPROVED BY
COUNCIL.
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 time
limit shall not exceed seven (7) consecutive days, nor shall there be more than
four(4)temporary use permits 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. OUTDOOR RETAIL SALES AND
SIMILAR USES SUCH AS FARMERS MARKETS, MAY BE PERMITTED
UNDER A SINGLE TEMPORARY USE PERMIT, SUBJECT TO THE
FOLLOWING:
A. THE RECURRING EVENT SHALL NOT EXCEED A MAXIMUM OF
FIFI Y (50) DAYS DURING A CALENDAR YEAR.
B. THE EVENT PERMITTED UNDER THE TEMPORARY USE PERMIT
SHALL RECUR WITHIN THIRTY (30) DAYS OF THE PRIOR EVENT
HELD UNDERR SUCH PERMIT; IF THE PERIOD OF RECURRENCE
IS GREATER THAN THIRTY (30)DAYS, A SEPARATE
TEMPORARY USE PERMIT SHALL BE OBTAINED FOR EACH
OCCURRENCE.
5. Permanent structures shall not be permitted under a temporary use permit.
SECTION 2. If any provision of this Ordinance is for any reason held by any court of
competent jurisdiction to be unenforceable, such provision of portion hereof shall be deemed
separate, distinct and independent of all other provisions and such holding shall not affect the
validity of the remaining portions of this Ordinance.
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PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, April 3, 2003.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ah itA "de-/
Jon .Beydler, ayo Bevelyn B " own Clerk
' VIEW i BY: APP OVED AS TO FORM:
("r
Tim G. Pickerifig,Town Manager An w J. McGuire, Town Attorney
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