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Home My WebLink AboutOrd 2004-10 ORDINANCE NO. 04-10 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING TOWN OF FOUNTAIN HILLS ZONING ORDINANCE RELATING TO PARKING AND STORAGE OF VEHICLES. WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22, on November 18, 1993, adopting the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, Chapter 2, Procedures, Section 2.01, Amendments or Zone Changes, of the Zoning Ordinance establishes the authority and procedures for amending the Zoning Ordinance; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to Attu. REV. STAT. § 9-462.04, public hearings were advertised in the August 25, 2004 edition of the Times of Fountain Hills; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on September 9, 2004, and by the Mayor and Council of the Town of Fountain Hills (the "Town Council") on October 7, 2004. L NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That Chapter 5, General Provisions, Section 5.12, Outdoor Storage and Junk Automobiles, of the Zoning Ordinance is hereby retitled "Outdoor Storage" and amended to read as follows: A. Definitions. 2. "Junk Automobile": Any vehicle missing one or more body parts; or is incapable of operating under its own power; or is missing any wheels; or has missing or severely shattered glass which prohibits safe operation; or has one or more flat tires for a period of seventy two (72) or more hours. C. Junk Automobiles. In the Open Space Recreational and Residential zoning districts, junk automobiles shall be stored in a completely enclosed building. In commercial and industrial zoning districts, junk automobiles shall be in an 9196.001\.\04-10 ZO-TA Parking.ord.v2.doc 1 6-24-04-1 enclosed building or in an area that is screened from neighboring properties and public view. D. Existing Outdoor Storage . Any outdoor storage andju existing at the time of the passage of this ordinance shall, within thirty (30) days of its passage by made to comply fully with these requirements or be removed. SECTION 2. That Chapter 5, General Provisions, Section 5.13, Storage and Parking of Mobile Homes, Boats, Aircraft, Truck Campers, Camping Trailers, Travel Trailers and Other Trailers is hereby deleted in its entirety. SECTION 3. That Chapter 7, Parking and Loading Requirements, Section 7.02, General Regulations, of the Zoning Ordinance is hereby amended to add the following subsections: G. STORAGE AND PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL DISTRICTS. 1. EXCEPT WHILE LOADING, UNLOADING, DELIVERING OR MAKING A SERVICE CALL AT A RESIDENCE, NO PERSON LSHALL PARK OR STORE A COMMERCIAL VEHICLE, AS DEFINED IN ARIz. REV. STAT. § 28-2231, AND WITH A CHASSIS RATED FOR MORE THAN THREE AND ONE HALF TONS NOR ANY VEHICLE GREATER THAN 22 FEET IN LENGTH ON STREETS IN RESIDENTIAL DISTRICTS OR WITHIN THE FOLLOWING AREAS ON RESIDENTIAL LOTS: a. WITHIN THE FRONT OR STREET SIDE YARD. b. WITHIN THE SIDE OR REAR YARD UNLESS THE VEHICLE IS LOCATED BEHIND A SIX FOOT HIGH SOLID MASONRY, CONCRETE OR EARTHEN PRODUCT WALL. FURTHER, ANY ACCESS GATES SHALL BE CONSTRUCTED OF VIEW- OBSCURING MATERIALS TO PROVIDE EFFECTIVE SITE SCREENING. 2. EXCEPT WHILE LOADING, UNLOADING, DELIVERING OR MAKING A SERVICE CALL AT A RESIDENCE, NO PERSON SHALL PARK OR STORE ANY COMMERCIALLY REGISTERED VEHICLE WITH A CHASSIS RATED FOR MORE THAN FIVE TONS ANYWHERE IN RESIDENTIAL DISTRICTS. L 9196.001\.\04-10 ZO-TA Parking.ord.v2.doc 2 6-24-04-1 H. STORAGE AND PARKING OF UNOCCUPIED, NON-COMMERCIAL, MOBILE HOMES, BOATS, AIRCRAFT, TRUCK CAMPERS, CAMPING TRAILERS, TRAVEL TRAILERS, AND OTHER TRAILERS. 1. UNOCCUPIED, NON-COMMERCIAL MOTOR HOMES, CAMPING, TRAVEL AND UTILITY TRAILERS AND BOATS SHALL ONLY BE STORED, PARKED OR LOCATED AS FOLLOWS: a. WHERE SUCH VEHICLE IS PARKED OR STORED ON A RESIDENTIAL LOT, SAID VEHICLE MUST BE BEHIND A SIX FOOT HIGH SOLID MASONRY, CONCRETE OR EARTHEN PRODUCT WALL; ANY ACCESS GATES SHALL BE CONSTRUCTED OF VIEW-OBSCURING MATERIALS TO PROVIDE SITE SCREENING. b. WHERE SUCH VEHICLE OR TRAILER IS IN THE PROCESS OF BEING LOADED OR UNLOADED. c. WHERE A TEMPORARY VISITOR PERMIT HAS BEEN ISSUED BY THE ZONING ADMINISTRATOR AND SAID PERMIT IS DISPLAYED ON THE RIGHT SIDE OF THE DASHBOARD OF SUCH VEHICLE OR IN SUCH LOCATION ON THE TRAILER AS DESIGNATED AND APPROVED BY THE ZONING ADMINISTRATOR. d. SUCH VEHICLES AND TRAILERS MUST NOT BE LOCATED ON A RESIDENTIALLY ZONED LOT OR PARCEL OF LAND THAT DOES NOT HAVE A RESIDENTIAL STRUCTURE. IN PLANNED UNIT DEVELOPMENT PROJECTS, SCREENED STORAGE YARDS MAY BE ALLOWED; HOWEVER, OCCUPANCY OF ANY VEHICLE IN THE STORAGE YARD IS PROHIBITED. e. IN ALL NON RESIDENTIAL ZONING DISTRICTS, SUCH VEHICLES MUST BE LOCATED BEHIND THE REAR OF • THE PRINCIPAL BUILDING, EXCEPT WHERE SUCH VEHICLES ARE FOR SALE BY A BUSINESS WITH A VALID TOWN BUSINESS LICENSE. 2. IF STORAGE OR PARKING, AS REQUIRED BY THIS SECTION, IS NOT FEASIBLE, THE ZONING ADMINISTRATOR MAY ISSUE AN ADMINISTRATIVE USE PERMIT TO PARK OR STORE VEHICLES UNDER THIS SECTION IN AN ALTERNATIVE MANNER. L 9196.001V.\04-10 ZO-TA Parking.ord.v2.doc 3 6-24-04-1 I. STORAGE AND PARKING OF OCCUPIED VEHICLES. 1. CONSTRUCTION OFFICE OR SECURITY PERSONNEL HOUSING. THE ZONING ADMINISTRATOR MAY ISSUE AN ADMINISTRATIVE USE PERMIT TO PARK A MOBILE HOME, MOTOR HOME, TRUCK CAMPER OR TRAILER IN ANY ZONE WHERE SAID VEHICLE IS USED TO CONDUCT BUSINESS OR PROVIDE HOUSING FOR SECURITY PERSONNEL DURING THE CONSTRUCTION OF A PERMANENT BUILDING WHEN A VALID BUILDING PERMIT IS IN EFFECT. SUCH A MOBILE HOME OR TRAILER SHALL BE REMOVED IMMEDIATELY UPON THE STOPPAGE OF CONSTRUCTION. 2. OCCUPIED MOBILE HOMES, MOTOR HOMES, TRUCK CAMPERS, CAMPING TRAILERS, TRAVEL TRAILERS AND OTHER TRAILERS. FOR PURPOSES OF THIS SUBSECTION, THE TERM "OCCUPIED" MEANS A VEHICLE USED FOR LIVING, SLEEPING OR HOUSEKEEPING PURPOSES. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION: a. OCCUPIED MOBILE HOMES SHALL BE LOCATED ONLY IN APPROVED MOBILE HOME PARKS OR SUBDIVISIONS APPROVED FOR MOBILE HOMES. b. OCCUPIED MOTOR HOMES, CAMPING TRAILERS, TRUCK CAMPERS AND TRAVEL TRAILERS MAY BE LOCATED ONLY IN RECREATIONAL VEHICLE PARKS OR RECREATIONAL VEHICLE SUBDIVISIONS. 3. TEMPORARY SALES OFFICES FOR SUBDIVISIONS. AFTER OBTAINING A TEMPORARY USE PERMIT AND A BUILDING PERMIT FOR A MODEL HOME, A MOBILE HOME MAY BE USED FOR TEMPORARY REAL ESTATE SALES, SUBJECT TO THE FOLLOWING STIPULATIONS: a. AN ALL-WEATHER ACCESS ROUTE TO THE MOBILE HOME HAS BEEN APPROVED BY THE TOWN ENGINEER. b. A DELINEATED PARKING AREA IS PROVIDED FOR CUSTOMER AND SALES PERSONNEL VEHICLES THAT IS AWAY FROM CONSTRUCTION ACTIVITY AND TRAFFIC, WITH A MINIMUM OF ONE OFF-STREET A SPACE FOR EACH PERSON STATIONED AT THE MOBILE HOME PLUS TWO SPACES. L 9196.001\..\04-10 ZO-TA Parking.ord.v2.doc 4 6-24-04-1 c. THE MOBILE HOME MUST HAVE INDOOR REST ROOM FACILITIES AVAILABLE TO ALL PATRONS. d. THE MOBILE HOME MUST BE REMOVED FROM THE SITE PRIOR TO THE OPENING OF THE MODEL HOME. e. ON-SITE SALES PERSONNEL MUST BE PRESENT AT LEAST FIVE DAYS A WEEK DURING NORMAL BUSINESS HOURS. IN NO EVENT SHALL A MOBILE HOME UNDER THIS SECTION BE OPEN BEFORE 7:00 A.M. OR AFTER 9:00 P.M. f. THE BUSINESS CONDUCTED IN THE MOBILE HOME IS RESTRICTED TO SALES AND MARKETING ASSOCIATED WITH TRACT SUBDIVISION WITHIN WHICH THE MOBILE HOME IS LOCATED. g. THE TEMPORARY USE PERMIT SHALL NOT BE FOR MORE THAN 120 DAYS. h. THE MOBILE HOME SHALL BE SKIRTED WITH MATERIAL SIMILAR TO THE SIDING OF THE MOBILE (iire HOME. i. THERE SHALL BE A LANDSCAPED AREA AT LEAST EQUIVALENT TO THE SQUARE FOOTAGE OF THE MOBILE HOME. LANDSCAPING SHALL CONSIST OF AT LEAST ONE FIVE GALLON PLANT FOR EACH TEN LINEAL FEET OF THE LONGEST SIDE OF THE MOBILE HOME. J. STORAGE AND PARKING OF JUNK AUTOMOBILES. 1. DEFINITION. "JUNK AUTOMOBILE" MEANS ANY VEHICLE MISSING ONE OR MORE BODY PARTS; OR THAT IS INCAPABLE OF OPERATING UNDER ITS OWN POWER; OR THAT IS MISSING ANY WHEELS; OR THAT IS MISSING OR HAS SEVERELY SHATTERED GLASS WHICH PROHIBITS SAFE OPERATION; OR THAT HAS ONE OR MORE FLAT TIRES FOR A PERIOD OF SEVENTY-TWO (72) OR MORE HOURS. 2. JUNK AUTOMOBILES. IN OPEN SPACE RECREATIONAL AND RESIDENTIAL ZONING DISTRICTS, JUNK AUTOMOBILES SHALL BE STORED IN A COMPLETELY ENCLOSED BUILDING. IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS, JUNK AUTOMOBILES SHALL BE STORED IN AN ENCLOSED 9196.001\..\04-10 ZO-TA Parking.ord.v2.doc 5 6-24-04-1 • • BUILDING OR IN AN AREA THAT IS SCREENED FROM �r NEIGHBORING PROPERTIES AND PUBLIC VIEW. K. AIRCRAFT. Aircraft may only be located in industrial zones and must be located in an area screened from public view. SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, October 7, 2004. FOR TH N OUNTAIN HILLS: ATTESTED TO: / / W. J. • hols, Ma :evelyn J. Be der, own Clerk REVIEWED BY: APP OVED AS TO FORM: ft Timothy G. Pickeri(, Town r anager Andrew J. McGuire,Town Attorney L 9196.001\..\04-10 ZO-TA Parking.ord.v2.doc 6 6-24-04-1