Loading...
HomeMy WebLinkAboutOrd 2020-03 ORDINANCE NO. 20-03 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 12, COMMERCIAL ZONING DISTRICTS, SECTION 12.02 B, ADDING A NEW SUBSECTION 12.02 B. 4. ALLOWING NEW AND USED VEHICLE SALES IN THE C-1 ZONING DISTRICT, AND ESTABLISHING CRITERIA FOR THIS USE RECITALS: 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 de sires to amend the Zoning Ordinance to revise Chapter 12, Commercial Zoning Districts, by adding a new Subsection to 12.02 B. to provide for new and used automobile sales in the C-1 zoning district; 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 8, 2020 and January 15, 2020 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on January 23, 2020 and by the Town Council on February 18, 2020. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Zoning Ordinance, Chapter 12, (Commercial Zoning Districts), is amended by adding a new Subsection 12.02 B. 4., is hereby added as follows: 4. SALE OF NEW AND USED AUTOMOBILES, GOLF CARTS, ALL-TERRAIN VEHICLES, AND MOTORCYCLES ARE PERMITTED IN THE C-1 ZONING DISTRICT, PROVIDED ALL THE FOLLOWING CONDITIONS ARE MET: a. ALL DISPLAY OF INVENTORY AND MERCHANDISE IS COMPLETELY WITHIN AN ENCLOSED BUILDING, WITHOUT OUTDOOR DISPLAY OF ANY VEHICLE; b. ALL SALES ACTIVITIES OCCUR WITHIN THE BUILDING; ORDINANCE NO. 20-03 PAGE 2 c. NO WASHING, MAINTENANCE, OR SERVICE WORK IS PERFORMED ON THE VEHICLES ON SITE; d. THE MAXIMUM AREA DEVOTED TO DISPLAY OF VEHCILES DOES NOT EXCEED 5,000 SQUARE FEET; AND, e. MAY NOT HAVE OVERNIGHT PARKING. SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 18th day of February, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginny Dickey, Mayor EI' eth A. ke, own Cler REVIEWED BY: APPROVED AS TO FORM: LZ) \A-A A A/ Grady E. Mill-wn Manager Aaron D. Arnson, Town Attorney