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
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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.
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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.
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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:
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. . .
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.
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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:
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Timothy G. Pickering, To ager Andrew J. cGuire, Town Attorney
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