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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. L 9196.001\Outdoor sales.zone.ord.doc 4-3-03-1 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. L 9196.001\Outdoor sales.zone.ord.doc 4-3-03-1 2 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 L L 9196.001\Outdoor sales.zone.ord.doc 4-3-03-1 3