HomeMy WebLinkAboutOrd 2005-10 ORDINANCE NO.05-10
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE ZONING ORDINANCE OF
THE TOWN OF FOUNTAIN HILLS, CHAPTER 2, SECTION 2.01.H;
CHAPTER 3, SECTION 3.01; AND CHAPTER 9, SECTIONS 9.02C, 9.04.C,
9.05.C, AND 9.06.F TO CREATE A NEW OPEN SPACE PRESERVATION
(OSP)ZONING DISTRICT.
WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22 on
November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the
"Zoning Ordinance"); and
WHEREAS, the Town desires to amend the Zoning Ordinance to establish a new zoning
district for the preservation of open space; and
WHEREAS, the Town has published the proposed text changes in The Times of Fountain
Hills and Rio Verde on August 3, 2005; and
WHEREAS, pursuant to ARiz. REV. STAT. § 9-462.04, public hearings were advertised in
the August 3, 2005,edition of The Times of Fountain Hills and Rio Verde; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on August 25, 2005 and by the Mayor and Council of the Town of Fountain Hills (the
"Town Council") on September 15, 2005.
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That the Town of Fountain Hills Zoning Ordinance, Chapter 2, Procedures,
Section 2.01, Amendments or Zone Changes, subsection 2.01.H, Exceptional Procedures for
Rezoning Land to the Open Space Recreational (OSR) or Open Space Conservation (OSC) Zoning
Districts,is hereby amended to read as follows:
2.01 Amendments or Zone Changes
H. Exceptional Procedures for Rezoning Land to the Open Space Recreational
(OSR), Open Space Conservation (OSC) OR OPEN SPACE
PRESERVATION (OSP) Zoning Districts. In addition to the procedural
regulations contained in this Chapter, all of the following procedures are required to
be met prior to rezoning land to either the OSR, OSC OR OSP Zoning Districts:
1. The property owner(s) and any lienholders of record shall specifically request,
in writing, that the zoning district designation be applied to their property.
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2. The property owner(s) and any lienholders of record shall sign a forbearance
agreement that would be recorded in the office of the Maricopa County
Recorder, stating that:
a. If the property is to be rezoned to the Open Space Recreational Zoning
District, that the owner has voluntarily requested a zoning district
designation that provides for little economic use of the property and that
the owner is fully informed and aware of this fact.
b. If the property is to be rezoned to the Open Space Conservation Zoning
District, that the owner has voluntarily requested a zoning district
designation that provides for no viable economic use of the property and
that the owner is fully informed and aware of this fact.
c. IF THE PROPERTY IS TO BE REZONED TO THE OPEN SPACE
PRESERVATION ZONING DISTRICT, THAT THE OWNER HAS
EITHER VOLUNTARILY REQUESTED, OR HAS AGREED TO, A
ZONING DISTRICT DESIGNATION THAT PROVIDES FOR LI'TI'LE
ECONOMIC USE OF THE PROPERTY AND THAT THE OWNER IS
FULLY INFORMED AND AWARE OF THIS FACT.
SECTION 2. That the Town of Fountain Hills Zoning Ordinance, Chapter 3,
Establishment of Zoning Districts and Boundaries Thereof, Section 3.01, Establishment of Zoning
Districts is hereby amended to read as follows:
Section 3.01 Establishment of Zoning Districts.
For the purpose of this Ordinance, the Town of Fountain Hills is hereby classified into the
following Zoning Districts:
OSC Open Space Conservation District. *4
OSR Open Space Recreational District.
OSP OPEN SPACE PRESERVATION DISTRICT.
R-190 Single-Family Zoning District- 190,000 Square Feet Per Dwelling Unit.
R1-43 Single-Family Residential Zoning District - One (1) Acre Per Dwelling Unit.
R1-35 Single-Family Residential Zoning District - 35,000 Square Feet Per Dwelling
Unit.
R1-35H Single-Family Residential Hillside Zoning District - 35,000 Square Feet Per
Dwelling Unit.
R1-18 Single-Family Residential Zoning District - 18,000 Square Feet per Dwelling
Unit.
R1-10 Single-Family Residential Zoning District - 10,000 Square Feet Per Dwelling
Unit.
RI-10A Single-Family Residential Zoning District- 10,000 Square Feet Per Dwelling
Unit.
R1-8 Single-Family Residential Zoning District - 8,000 Square Feet Per Dwelling Unit.
R1-8A Single-Family Residential Zoning District - 8,000 Square Feet Per Dwelling Unit.
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R1-6 Single-Family Residential Zoning District - 6,000 Square Feet Per Dwelling Unit.
Rl-6A Single-Family Residential Zoning District- 6,000 Square Feet Per Dwelling Unit.
MA Multiple-Family Residential Zoning District. *1
M-2 Multiple-Family Residential Zoning District.
M-3 Multiple-Family Residential Zoning District.
R-2 Two-Family Residential Zoning District.
R-3 Multiple-Family Residential Zoning District.
R-4 Multiple-Family Residential Zoning District.
R-5 Multiple-Family Residential Zoning District.
C-0 Commercial Office Zoning District.
C-C Common-Commercial Zoning District. *2
C-1 Neighborhood Commercial Professional District.
C-2 Intermediate Commercial Zoning District.
C-3 General Commercial Zoning District.
IND-1 Planned Industrial Zoning District.
IND-2 Light Industrial Zoning District.
UT Utility Zoning District.
MH Mobile Home Zoning District.
L-1 Lodging Zoning District. *3
L-2 Lodging Zoning District.
L-3 Lodging Zoning District.
SECTION 3. That the Town of Fountain Hills Zoning Ordinance, Chapter 9, Open Space
Zoning District, Section 9.02, Permitted Uses, is hereby amended to add a new subsection 9.02.0
to read as follows:
9.02 Permitted Uses
C. In the Open Space Preservation ("OSP") Zoning District:
1. Undeveloped natural land and open space.
2. Parks and Nature preserves.
3. Archaeological or historic Sites.
4. Public Trailhead with facilities such as, but not limited to, ranger stations,
parking areas, restrooms, seat benches, covered ramadas and similar
structures, trails, trail improvements, and similar features that substantially
conform to the adopted Master Plan for the Fountain Hills McDowell
Mountain Preserve, with specific approval of the Town Council.
5. Public Trailhead with facilities such as, but not limited to, ranger stations,
parking areas, restrooms, seat benches, covered ramadas and similar
structures, trails, trail improvements, and similar features on land other
than the Fountain Hills McDowell Mountain Preserve, with specific
approval of the Town Council.
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6. Utility services, water tanks, and emergency access easements, but not
including offices, wastewater treatment plants, generating stations, sub-
stations, or similar structures, with specific approval of the Town Council.
7. No other uses or structures, other than as listed above are permitted in the
OSP Zoning District.
SECTION 4. That the Town of Fountain Hills Zoning Ordinance, Chapter 9, Open Space
Zoning District, Section 9.04, Height Regulations, is hereby amended to add a new subsection
9.04.0 to read as follows:
Section 9.04 Height Regulations:
C. Open Space Preservation ("OSP") Zoning District: In the "OSP" Zoning District,
the height of any building shall not exceed twenty (20) feet.
SECTION 5. That the Town of Fountain Hills Zoning Ordinance, Chapter 9, Open Space
Zoning District, Section 9.05, Yard Regulations, is hereby amended to add a new subsection
9.05.0 to read as follows:
Section 9.05 Yard Regulations:
C. Open Space Preservation ("OSP") Zoning District:
1. There shall be a front yard having a depth of not less than sixty (60) feet.
2. There shall be a side yard on each side of a building having a width of not
less than thirty (30) feet.
3. There shall be a rear yard having a depth of not less than sixty(60) feet.
SECTION 6. That the Town of Fountain Hills Zoning Ordinance, Chapter 9, Open Space
Zoning District, Section 9.06, Intensity of Use Regulations, is hereby amended to read as follows:
Section 9.06 Intensity of Use Regulations:
The intensity of use regulations are as follows:
A. Lot Area: There shall be no minimum lot area.
B. Lot Width: There shall be no minimum lot width.
C. Lot Area per Building in the "OSR" Zoning District: The minimum lot area per building
shall be five (5) acres.
D. Lot Coverage in the "OSR" Zoning District: The maximum lot coverage shall be five
(5%) percent of the lot area.
E. Distance Between Building in the "OSR" Zoning District: The minimum distance
between buildings on the same lot shall be ten (10) feet.
F. LOT AREA PER BUILDING IN THE "OSP" ZONING DISTRICT: THE MINIMUM
LOT AREA PER BUILDING SHALL BE TEN (10) ACRES.
G. LOT COVERAGE IN THE "OSP" ZONING DISTRICT: THE MAXIMUM LOT
COVERAGE SHALL BE FIVE (5%)PERCENT OF THE LOT AREA.
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H. DISTANCE BETWEEN BUILDINGS IN THE "OSP" ZONING DISTRICT: THE
MINIMUM DISTANCE BETWEEN BUILDINGS ON THE SAME LOT SHALL BE
TEN (10)FEET.
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.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, September 15, 2005.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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4ie . Nichols, Mayor Bevelyn J. B der, own Clerk
REVIEWS; BY: APPROVED AS TO FORM:
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Ti othy G. Pickering,Town Ma ger An rew J. McGuire, Town Attorney
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