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HomeMy WebLinkAboutOrd 2007-02 ORDINANCE NO. 07-02 ``' AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5, GENERAL PROVISIONS, SECTION 5.14, HOME OCCUPATIONS, AND CHAPTER 10, SINGLE- FAMILY RESIDENTIAL ZONING DISTRICTS: R-190, R1-43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-6A, SECTION 10.03, USES SUBJECT TO TEMPORARY USE PERMIT, RELATING TO SWIM SCHOOLS LOCATED IN SINGLE-FAMILY ZONING DISTRICTS. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") 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 Council desires to amend the Zoning Ordinance to revise Chapter 5, General Provisions, and Chapter 10, Single-Family Residential Zoning Districts: R-190, R1- 43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-6A, relating to swim schools in single-family zoning districts; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz. REV. STAT. § 9-462.04, public hearings regarding this ordinance were advertised in the January 24, 2007, edition of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on February 8, 2007, and by the Town Council on March 1, 2007. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That the Zoning Ordinance, Chapter 5, General Provisions, Section 5.14, Home Occupations, is hereby amended as follows: H. Exception. An exception to these requirements shall be made for the operation of a group home for the handicapped and adult care, day care centers, home day care centers, and model homes AND SWIM SCHOOLS. SECTION 2. That the Zoning Ordinance, Chapter 10, Single-Family Residential Zoning Districts: R-190, R1-43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-6A, Section 10.03, Uses Subject to Temporary Use Permit, is hereby amended by adding the following new subsection: E. Swim School. Swim schools may be permitted in these zones by temporary use permit only. At a minimum, the following standards shall apply: 712099.2 ti 1. The swim school shall operate from a single-family dwelling unit. The operation of the swim school shall not change the residential character of the dwelling unit. 2. All employees of the swim school shall be members of the immediate family residing in the dwelling unit where the swim school is being operated, except that one employee may be a non-resident. 3. The area used for a swim school shall not exceed (a) thirty (30) percent of the area of the rear yard and (b) twenty-five (25) percent of the gross floor area of the dwelling. 4. Customer trip generation shall not exceed twenty (20) trips a day. 5. No signs identifying the business or any commercial product or service are allowed. 6. Any pool used for a swim school shall be fenced in accordance with subsection 5.09 (D) of this ordinance, as may be amended from time to time. 7. Other related activities, including, but not limited to, pool parties and aerobics instruction, are not allowed. SECTION 3. That if any provision or any portion of any provision of this Ordinance is for any reason held to be unconstitutional or otherwise unenforceable by a court of competent jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent of the remaining provisions of this Ordinance and shall be severed therefrom without affecting the validity of the remaining portions of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, March 1, 2007. FOR THE TOWN FOUNTAIN HILLS: ATTESTED TO: W. J. Nich s, Mayor Bevelyn J. Ben r, wn Clerk ED BY: APPROVED AS TO FORM: Timothy G. Pickering, Town nager A w J. McGuire, Town Attorney 712099.2 2