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HomeMy WebLinkAboutOrd 2020-14 ORDINANCE NO. 20-14 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, ADDING CHAPTER 26, PLANNED SHOPPING PLAZA OVERLAY DISTRICT 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 desires to amend the Zoning Ordinance to add Chapter 26, Planned Shopping Plaza Overlay 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 June 24, 2020, July 1, 2020, August 5, 2020, and August 12, 2020, editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on July 13, 2020, and by the Town Council on August 24, 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 is amended to add Chapter 26, Planned Shopping Plaza Overlay District, as provided in Exhibit A attached hereto. 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 15th day of September, 2020. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: a)LtyGin y Dickey ayor abe . Burke, To n Clerk ORDINANCE 20-14 PAGE 2 REVIEWED BY: APPROVED AS TO FORM: b4.,. .. %Nivkitik_ -icor" Grady E iller, Town Manager Aaron D. n, Town Attorney ORDINANCE 20-14 PAGE 3 EXHIBIT A Chapter 26 Planned Shopping Plaza Overlay District Sections: 26.01 Purpose and Intent 26.02 Permitted Uses 26.03 Additional Regulations 26.04 General Provision 26.05 Signs 26.06 Parking and Loading 26.07 Outdoor Lighting 26.08 Plan Review 26.09 Density, Building, Area, and Yard Regulations ORDINANCE 20-14 PAGE 4 Section 26.01 Purpose and Intent The Planned Shopping Plaza Overlay District is to provide an overlay zoning district for commercially zoned property that is platted as a unified center. The intent of this district is to integrate commercial activity and professional offices with visitor attractions and parks. Section 26.02 Permitted Uses Uses permitted in the Shopping Plaza Overlay District shall be: A. Those uses permitted in Sections 12.02 B. & C. of the Zoning Ordinance. B. Those uses permitted by Special Use Permit shall be those uses specified in Section 12.03 of the Zoning. Section 26.03 Additional Regulations A. All activity associated with any use including accessory storage and display areas, shall be conducted within a completely enclosed building. Loading and unloading activities and activities otherwise specifically authorized are exempt from this regulation. B. Except for outdoor seating a part of a restaurant or café, the perimeter of any portion of a site upon which any outdoor use of a commercial nature is permitted shall be enclosed by a solid masonry, concrete, or earthen product wall not less than eight (8) feet in height. Further, any access gates shall be constructed of view-obscuring materials to provide effective site screening. Approval of alternative screening methods not listed above shall be by the Town Council. Section 26.04 General Provisions Except as may be modified by this Overlay District, the General Provisions in Chapter 5 shall apply. Section 26.05 Signs The regulations in Chapter 6, Signs, shall apply. Section 26.06 Parking and Loading A. The parking regulations in Chapter 7, Parking Regulations, shall apply to all lots over 10,800 square feet in area as of January 1, 1992. The Council may approve up to a 50% reduction in required on-site parking through approval of a Special Use Permit. B. For lots 10,800 square feet or less as of January 1, 1992, the common parking lot areas shall satisfy all of the off-street parking requirements regardless of the land use. Any elimination of parking spaces in the common parking area by a lot owner or user, is required to be replaced by adding the lost spaces on-site or on another lot on the same block. • ORDINANCE 20-14 PAGE 5 Section 26.07 Outdoor Lighting The provisions of Chapter 8 shall apply. Section 26.08 Plan Review The provisions of Chapter 2, Section 2.04 shall apply. Section 26.09 Density, Area, Building and Yard Regulations A. Building Height. Building height allowances shall be the same as permitted in the underlying zoning district. B. Building Setbacks. 1. Front Yard: a. Lots 10,800 square feet and under do not have a front yard setback requirement but must provide meet sight triangle requirements when a corner lot. Must not encroach into platted easements. b. Lots over 10,800 square feet must provide a ten (10) foot front yard and must meet sight triangle requirements when a corner lot. Must not encroach into platted easements. 2. Side Yard: None required, except on corner lots. Street side yards must meet sight triangle requirements. Must not encroach into platted easements. 3. Rear Yard: None required; must not encroach into platted easements. C. Maximum Lot Coverage: 1. Lots may have one hundred (100) percent lot coverage exclusive of any easements or required setbacks.