HomeMy WebLinkAboutOrd 2020-21 ORDINANCE NO. 20-21
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, BY AMENDING
SECTION 12.02. B. 4., TO ALLOW INDOOR VEHICLE SALES IN
THE C-C DISTRICT, ADDING SECTION 12.02. C. 25. TO ALLOW
INDOOR VEHICLE SALES IN THE C-2 DISTRICT, AND
AMENDING SECTION 12.02 D. 7. TO ALLOW INDOOR VEHCILE
SALES
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 revise Chapter 12,
Commercial Zoning Districts by amending provisions related to indoor vehicle sales in Sections
12.02 B. 4, 12.02 D. 7. and adding Section 12.02 C. 25.; 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 August 26, 2020, and
September 2, 2020 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
September 14, 2020 and by the Town Council on October 6, 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, Section 12.02 B,
Permitted Uses, is amended as follows:
4. Sale of new and used automobiles, golf carts, all-terrain vehicles, and motorcycles are
permitted in the C-1 AND C-C zoning DISTRICTS, provided all the following conditions are
met:
SECTION 3. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section 12.02 C,
Permitted Uses, is amended as follows:
ORDINANCE 20-21 PAGE 2
25. IN THE C-2 DISTRICT, SALE OF NEW AND USED AUTOMOBILES, GOLF CARTS,
ALL-TERRAIN VEHICLES AND MOTORCYCLES ARE PERMITTED, 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; AND,
B. ALL SALES ACTIVITIES OCCUR WITHIN THE BUILDING.
SECTION 4. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section 12.02 D.
7. is amended as follows:
7. New and used automobiles, boats, golf carts, all terrain vehicles, motorcycles, travel
trailers, recreational vehicles sales including INDOOR AND/OR outside display area,
provided all sales and repair activities are conducted within a building and subject to Site
plan approval pursuant to section 2.04 of this zoning ordinance.
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 5. 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
20th day of October, 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny ickey,Iyor Elizabet . Burke, Town CI rk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. MiII r,� wn Manager Aaron D. Arnson, own Attorney