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HomeMy WebLinkAboutOrd 2004-15 ORDINANCE NO. 04-15 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING TOWN OF FOUNTAIN HILLS ZONING ORDINANCE RELATING TO OFF-STREET PARKING AND LOADING. 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 ARIz. REV. STAT. § 9-462.04, public hearings were advertised in the September 22, 2004 edition of the Times of Fountain Hills and Rio Verde; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on October 14, 2004 and by the Mayor and Council of the Town of Fountain Hills on October 21, 2004. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Chapter 1 of the Zoning Ordinance, Introduction, Section 1.12, Definitions, is hereby amended as follows: T d' b Y.l Unloading Spaces. A pe ntly „twined re a the a lot the pW ir,,al J building accessible to a street or alley and not less than ten (10) feet in width, twenty (20) feet in length, and fourteen (14) feet in height. Off-Street Parking LOADING and UNloading Facilities SPACE: A site or a portion of a site driveways. A DESIGNATED OFF-STREET SPACE LOCATED ON THE SAME SITE AS THE SITE FOR WHICH BERTHS ARE REQUIRED FOR TEMPORARY PARKING OF MOTOR VEHICLES FOR ACTIVE LOADING AND UNLOADING OF MERCHANDISE OR MATERIALS. 9196.001/04-15 ZO Off Street Loading.ord.doc 10.13.2004-1 1 SECTION 2. That Chapter 2 of the Zoning Ordinance, Procedures, Section 2.06, Planned Unit Developments, is hereby amended as follows: G. Precise Plan of Development. 3. Location, number of spaces, dimensions, circulation patterns and surface materials for all off-street parking LOADING and UNloading areas SPACES, driveways, access ways and pedestrian walkways. SECTION 3. That Chapter 7 of the Zoning Ordinance, Parking and Loading Requirements, Section 7.04, Schedule of Required Off-Street Spaces, Subsections (H) through (K), are hereby deleted in their entirety replaced with the following: H. Off-Street Loading and Unloading Spaces: 1. Unless otherwise specified in this Ordinance, off-street loading and unloading spaces shall have a minimum width of twelve (12) feet, a minimum length of forty-five (45) feet and a minimum height of fourteen (14) feet, exclusive of access aisles and maneuvering space. 2. Off-street loading and unloading spaces with a minimum width of ten (10) feet and a minimum length of thirty (30) feet may be provided for all or part of the required number of off-street loading and unloading spaces if approved by the planning & Zoning Commission through the conceptual site plan approval process. 3. Off-street loading and unloading spaces shall not be permitted in any required front yard, nor in any required side yard, except in nonresidential districts. Off-street loading and unloading spaces may occupy all or any part of a required rear yard, except as otherwise provided herein, and may be partially or entirely enclosed within a building. All off-street loading and unloading loading spaces abutting residential zoning districts shall be screened from the residential zoning districts by a masonry wall not less than eight(8) feet in height. 4. Where a building or use in a nonresidential district abuts an alley, such alley may be used as maneuvering space for off-street loading and unloading spaces. No alley abutting any residential district may be so used. 9196.001/04-15 ZO Off Street Loading.ord.doc 10.13.2004-1 2 5. Off-street loading and unloading spaces, aisles, and access drives shall be paved so as to provide a durable dust-proof surface and shall be so graded and drained so as to dispose of surface water without damage to private or public properties, streets, or alleys. 6. Schedule of off-street loading and unloading space requirements: Unless otherwise provided in this Ordinance, every office, hotel, restaurant, department store, hospital, industrial plant, manufacturing establishment, retail establishment, storage warehouse or wholesale establishments, and all other structures devoted to similar mercantile or industrial pursuits, which has an aggregate gross floor area of five thousand (5,000) square feet or more shall provide off-street loading and unloading spaces in accordance with the following table: SQUARE FEET OF AGGREGATE REQUIRED NUMBER OF GROSS FLOOR SPACES 5,000 SQ. FT. TO 40,000 SQ. FT 1 40,001 SQ. FT. TO 100,000 SQ. FT 2 100,001 SQ. FT. TO 160,000 SQ. 3 FT. 160.001 SQ. FT. TO 240,000 SQ. 4 FT. 240,001 SQ. FT. TO 320,000 SQ. 5 FT. 320,001 SQ. FT. TO 400,000 SQ. 6 FT. 400,001 SQ. FT. TO 490,000 SQ. 7 FT. EACH ADDITIONAL 100,000 1 additional SECTION 4. That Chapter 12 of the Zoning Ordinance, Commercial Zoning Districts, Section 12.07, Additional Regulations, is hereby amended as follows: B. Additional Requirements of C-O, C-C, C-1 Zoning Districts. 1. Performance Requirements for C-O, C-C and C-1 Zoning Districts. (9) All activity (except required on-site parking, OFF-STREET loading and unloading areas SPACES, and incidental or accessory storage and display areas) shall be within a completely enclosed building, unless otherwise specifically noted herein. SECTION 5. That Chapter 16 of the Zoning Ordinance, Lodging Zoning Districts, Section 16.04, Additional Regulations, is hereby amended as follows: 9196.001/04-15 ZO Off Street Loading.ord.doc 10.13.2004-1 3 . . . B. Performance Requirements for the Lodging Zoning Districts. 5. When a lodging property abuts a residential district, the following standards shall be required: h. All activity (except required on-site parking, OFF-STREET loading and unloading areas SPACES, and incidental or accessory storage and display areas) shall be within a completely enclosed building, unless otherwise specifically noted herein. SECTION 6. That Chapter 18 of the Zoning Ordinance, Town Center Commercial Zoning District, Section 18.07, Additional Regulations, is hereby amended as follows: L . . . R. All business activity (except required on-site parking AND OFF-STREET loading and unloading areas SPACES) shall be within a completely enclosed building, unless otherwise specifically noted herein. SECTION 7. 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. [SIGNATURES ON FOLLOWING PAGE] L 9196.001/04-15 ZO Off Street Loading.ord.doc 10.13.2004-1 4 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, October 21, 2004. FOR N OUNTAIN HILLS: ATTESTED TO: W. J. .chols, Ma Bevelyn J. B der, Town Clerk REVIE BY G APP VED AS TO ORM: r � } Timothy G. Pickering, To ager Andrew J. cGuire, Town Attorney fir% L 9196.001/04-15 ZO Off Street Loading.ord.doc 10.13.2004-1 5