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HomeMy WebLinkAboutOrd 2022-07ORDINANCE NO. 22-07 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE BY REPEALING SECTION 2.02, SPECIAL USE PERMITS, AND REPLACING IT WITH A NEW SECTION 2.02, SPECIAL USE PERMITS, BY ADOPTING THE "SPECIAL USE PERMIT ORDINANCE" BY REFERENCE ENACTMENTS: NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Section 2.02, SPECIAL USE PERMITS, of the Fountain Hills Zoning Ordinance is hereby repealed and a new Section 2.02, SPECIAL USE PERMITS, adopted as a Public Document entitled "Special Use Permit Ordinance" by Resolution 2022-43, is adopted and made a part hereof as if fully set out in this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 15" day of November, 2022. FOR THE TOWN OF FOUNTAIN HILLS: Ginr(J Dickey, Mayor REVIEWED BY: Grady E. Milwn Manager ATTESTED TO: a Mendenhall, Tow�h1 APPROVED AS TO FORM: Aaron�ownattomey 2 02 Special Use Permits I Fountain Hills Zoning Ordinance Page I of9 Section 2.02 Special Use Permits A. Purpose: Every zoning district contains certain buildings, structures and uses of land which are normal and complementary to permitted uses in the district, but which, by reason of their typical physical or operational characteristics, influence on the traffic function of adjoining streets, or similar conditions, are often incompatible with adjacent activities and uses. It is the intent of this ordinance to permit special uses in appropriate zoning districts, but only in specific locations within such districts that can be designed and developed in a manner which assures maximum compatibility with adjoining uses. It is the purpose of this section to establish principles and procedures essential to proper guidance and control of such uses. 1. 7 et, ,r. .:..t :_...la(t "rtlal .dal r hw th. ,, I...h.r_.to Lr'e' e.ter,a t reoh.ye n-v.; f164...v.'' .. e_,' i 44 the l.ddHYl 2 eet11 enea«a'. etkerry'JL. .e-: tl th:: rd. GB. S _ U 4- ^rmit-Application: .hntLw ..Ja,..*oh , .ti16 ,eaboottootootogq-writlogo :.. I. Complete Application. Applications for -a use permits shall be filed electronically on the Town's website • by an owner of real property within the area proposed for the special use using the process established by the Director for such applications. All such applications shall include the information required in this section. c.. .. f .... prt,ar bed by M. The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. 2.02 Special Use Permits I Fountain Hills Zoning Ordinance Page 2 of9 2. Project Narrative. A written statement which includes: a. A narrative describing the existing zoning, desired use ofthe property, and reasons justifying the proposed special use permit. b. A map showing the particular property or properties for which the special use permit is requested and substantially the adjoining properties and the public streets and ways within a radius of three hundred (300) feet of the exterior boundaries thereof. c. A true statement revealing any conditions or restrictions of record (if any) which would affect the permitted uses of the property and the date or dates (if any) of expiration thereof. If the applicant is not the current owner, or has owned the property for less than one year, this statement should also include any real estate disclosures associated with the purchase ofthe property. d. Such photographs, drawings, and other supporting documents (if any) as the applicant may desire to present. 3. A detailed site plan prepared in accordance with Section 2.04 B. 3 showing all information necessary to demonstrate that the proposed use will comply with all special conditions as well as other regulations and requirements of this Zoning Ordinance. a. For previously developed sites the Development Services Director may allow deviations from the requirements of Section 2.04 B. 3 provided the submitted site plan still provides the information needed by the Commission and Council to consider the impacts of theproposed use. b. The applicant may request to have consideration ofa conceptual site plan as part of the consideration of the special use permit. If the Development Services Director approves submission of a conceptual site plan with the special use permit, a final site plan in substantial conformance with the conceptual site plan must be submitted and approved as required by Section 2.04 before submittal of building construction plans. 4. A "Good Neighbor Statement" which provides as applicable the following: a. The name and contact information of the property owner. b. The name and contact information for the business. c. A commitment to place emergency contact information on the property in a location that is visible to the public. d. A statement regarding how potentially negative impacts of the proposed use will be mitigated. The Fountain Hills Zoning Ordinance is current through Ordinance 22-01. passed May 3, 2022. 2.02 Special Use Permits I Fountain Hills Zoning Ordinance Page 3 of9 e. A statement regarding a process for conflict resolution. f. A statement regarding steps that will be taken to integrate into the surrounding neighborhood. 5. Citizen Participation Plan. A copy of the Citizen Participation Plan as required by Section 2.08 6. A list of names and addresses for all property owners within three hundred (300) feet of the exterior boundaries of the property for which an application is made. 7. Filing Fee. Payment of a filing fee in an amount established by a schedule adopted by resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee shall be returnable. Payment of filing fee shall be waived when the change is initiated by the Council or the Commission or when the applicant is the Town, school district, special purpose district, county, state or federal government. C. Revie Determination of Complete Application. Before initiating review, the Development Services Director, or designee, shall review the submittal to determine if it is complete and meets the requirements of this Section. Applicants will be notified of missing or incomplete application items. Once an application has been determined to be complete the applicant will be notified to pay the application fee. When the fee has been received staff will begin review of the application. 2. Staff review. Staff will conduct review and analysis of the special use permit and will seek additional information and clarification from the applicant as necessary to prepare a report and recommendation to the Planning and Zoning Commission. 3. Review of a special use permit request will include any item specifically required by this Ordinance for a given special use permit plus the following: a. The nature of the use and the special conditions influencing its location in the particular district; b. The proposed location of buildings, parking and other facilities within the site' c. The amount of traffic likely to be generated and how it will be accommodated; and d. The influence that such factors are likely to exert on adjoining properties. 4. Following notice requirements the special use permit will be scheduled for public hearings by the Planning and Zoning Commission and Town Council. Unless the applicant requests a delay in writing, staff shall place the request on a Planning Zoning Commission meeting within three months of receiving a complete application. After public hearing, the Planning and Zoning Commission will The Fountain Hills Zoning Ordinance is current through Ordinance 22-01. passed May 3, 2022. 2.02 Special Use Permits I Fountain Hills Zoning Ordinance Page 4 of 9 make a recommendation to the Town Council. The request will be placed on the next available Council agenda at least 28 days after the Planning and Zoning Commission action. D. Notice.' — . - s: Prior to holding a public hearing notice of the time and place of the hearing including a general explanation of the matter to be considered and including a general description of the area affected shall be given at least fifteen (IS) days before the hearing in the following manner: Notice shall be published at least once in a newspaper of general circulation published or circulated in Fountain Hills. `asaa "t 'P`49 `a-9raj 2. .. hi,h-it- will-be-esas.i+leredOne or more notices as required by the Development Services Director shall be posted on the property. It shall be the responsibility of the applicant to erect and maintain the posting. 3. Notice -and shall be sent by first class mailed real propertytethe owners t,fall rc..l property within three hundred (300) feet of the external boundaries of the property for which application is made. The E. Hearings I . The Development Services Director shall fix a reasonable time for the hearing of the proposed special use permit and shall give notice in accordance with the Public Notice Requirements Deadline in Section 2.02 D. of this Ordinance. 2. Any person may appear at a public hearing and submit oral or written evidence, either individually or as a representative of a person or an organization. Each person who appears at a public hearing shall be identified, state their name and town, and, if appearing on behalf of a person or organization, state the name and town of the person or organization being represented. The presiding officer may establish time limits for individual testimony and may require that individuals with shared concerns select one or more spokespersons to present testimony on behalf of those individuals. 3. The body conducting the hearing may cause such investigations to be made as it deems necessary and in the public interest on any matter to be heard by it. Such investigation may be made The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. 2.02 Special Use Permits' Fountain Hills Zoning Ordinance Page 5 of 9 by a committee of one or more members of the body conducting the hearing or by members of its staff or its agents or employees. The facts established by such investigation shall be submitted to the body conducting the hearing either in writing, to be filed with the records of the matter, or in testimony before the body, and may be considered by the body in making its decision. 4. The body conducting the hearing shall cause a written summary of all pertinent testimony heard at such public hearing, together with a record of the names and addresses of all persons testifying, to be prepared and filed with the papers relating to such matter. F. Action. It is the express intent of this ordinance that any use for which a special use permit is required shall be permitted in the particular zoning district' provided, that all special conditions and requirements of this ordinance are met. Planning and Zoning Commission. The Planning and Zoning Commission: a. May recommend approval, approval with conditions, or denial or may continue a proposed amendment. b. May for any reason, when it deems such action necessary or desirable, continue such hearing to a time and certain place. However, if the Commission is not able to make a recommendation to the Council at the continued meeting and the applicant does not consent to a further continuance, the matter shall be automatically forwarded to the Council with a recommendation for denial. c. Shall, unless waived by the applicant, within ninety (90) days after the date of the original hearing, the Commission shall render its decision in the form of a written recommendation to the Council. d. In order to recommend approval of any use permit, the findings of the Commission must be that the establishment, maintenance, or operation of the use or building applied for will not be detrimental to the public health, safety, peace, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use, nor shall it be detrimental or incurious to property and improvements in the neighborhood or to the general welfare of the Town. e. The Commission may make such recommendations to the Town Council concerning ways a proposed project may be acceptable and compatible to the area which may include: Modifications to the "Good Neighbor Statement". ii. Additional landscaping setbacks or other similar measures to mitigate the impact of the proposed use. iii. Adjustments to the location of proposed uses or activities on the site. The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. 2.02 Special Use Permits I Fountain Hills Zoning Ordinance Page 6 of 9 f. Shall include the rationale for its recommendation. 2. Town Council. a. Town Council may approve, approve with conditions, deny, or continue a proposed amendment. b. The action of the Council shall be final and become effective immediately. tither (I) m..ke a rccel, mt.,,.dation to- he-Tos... Council, or e6ehrlec the matter to a sp.eif. d daL (hut not r—It shall bethe-esl,e..sibility of th, applicant t a aint..i.. the pst;n -Tia ..etice shall set forth tl.,, ti...., of the area affected. h, tla,....il.b.,d,.,.,.1.,. to tl._ b.,ncral suci. tn..sn& s-and evidence that saeheond#iow, hre h tint or will be foHew,d. 'ndicate th ♦ ppli. ble y L r :, t_ C✓.:y - 4 _ _ ;I haa+et _h_r .y _ ;. A A,._ �T '..L.. e S. Upcn co...Ausion-efthe Commission a.tl. Ta,.r.. 6ued--, h"b e(dHle, ..1,, I l.,.d minutes of the hearing. L. Co..n,il Aetie., e..d Findings: The Fountain dills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022. 2.02 Special Use Permits I Fountain Hills Zoning Ordinance Page 7 of 9 .ace. 6.. Special Us.. Pt....it a^ rar •h r.:` taisp..r lb . -.. ": deems-apprepri,te, erdeny-& S1,ceial Use Permit. F(i. Time Limits: I. The Council may establish a time limitation for special use permits. An application for a building permit for the construction of any improvements allowed by any special use permit issued by the Town Council shall be 3ccnred submitted within six (6) months from the date of approval and secured within one (I) year. Any lapsing of the building permit prior to completion of the improvements will cause the Special Use Permit to become null and void. 2, Unless otherwise stipulated by Council approval, if the use(s) approved through the special use permit are not established within eighteen (18) months from the date of Council approval, the special use permit shall become null and void. 3. Prior to the termination of ";,::an approved special use permit, the applicant may make a written request to the Town Council and the Council may reconsider said use permit to determine if the permit should be reissued for an additional time period or be terminated. There shall be no use permit fee for this extension request. 24. No person shall reapply for the same or substantially the same use permit on the same or substantially the same plot, lot, or parcel of land within a period of one (I) year from the date of denial of said use permit. GId. Revocation: I. Special use permits granted in accordance with the provisions of this ordinance may be revoked by the Town Council, if any of the conditions or terms of the permit are violated or if any law or ordinance is violated in connection therewith. The Zoning Administrator shall notify the permittee of a violation of a special use permit, in writing. If the violation is not remedied or the remedy is not substantially begun in the opinion of the Zoning Administrator within ten (10) days after notification, the owner/tenant should be notified that the Town Council will consider revocation of the permit at its next meeting. 2. Any special use permit issued by the Town Council shall be considered null and void if construction does not conform to the originally approved site plan. Any requests for deviations from the originally approved site plan shall be processed as a new use permit. The Fountain Hills Zoning Ordinance is current through Ordinance 22-0 i, passed May 3, 2022. 2.02 Special Use Permits I Fountain Hills Zoning Ordinance Page 8 of 9 I (I I are fir ea _ .ua ' . €Last f,IL,g fe. be-rt,fundahk. Pay. -' f-thc fi1:..6 (Ire-shall-be-wit;.ed wheo the pat 0 er is the Town, scl..,.,1 J strict ct.,te er fed.,ral nt. RI. Ciencml Revulations T. Zoning district regulations established elsewhere in this ordinance specify that certain buildings structures and uses of hind may be allowed by the Town Council as conditional uses in a given district subject to the provisions of this section and to requirements set forth in district regulations. Inc fown COMM'. bempowered to grant and In deny applications Mr use permits and to impose reasonable conditions upon then, _. Any building, structure or use existing on the effect0c date of This ordinance which is reclassified as a special use by this ordinance for the di<net in which it is located shall be considered as meet n° the conditions which would otherwise be imposed upon such use by this ordinance. and its continuance shall not he subject to i6sm ,Ice of a special use permit' pros tied how es er, to the exte0t that such use fails to conform to the requirements of this ordinance, it shall be considered nonconforming as described in section 4 01 and its continuance shall be governed by all nuncontbrnhing use regulations applicable thereto 3. hvety special use permit issued shall be applicable only to the specific use and to the specific propene I' or which it is issued. Upon completion and final inspection by the Zoning Administrator of any authorized structures signify ing that all Amine and site deselopment requirements imposed in connection with the permit have been satisfied the special use permit shall threader he transferable and shall run with the land whereupon the maintenance of special conditions imposed hy. the permit, as well as the compliance with other prostslons of this ordinance shall become the responsibility of the nrsopeny essner. J. Modifications and Amendments. Following approval of a special use permit modifications and amendment can be considered as follows: Modifications. Modifications are changes to the nature of the site or approved use and can be minor or major as described below. Minor modifications can be considered and approved administratively by the Development Services Director. Major modifications require review and consideration the same as described in this section for new applications. a. A modification is considered minor if it does not materially alter the approved plan or other approval, will not intensify any potentially detrimental effects of the project and is consistent with the original findings and all conditions of approval. b. A modification is considered major if it changes eliminates or affects a condition of approval (whether adopted by resolution, ordinance or otherwise) such as a change to a The Fountain Hills Zoning Ordinance is current through Ordinance 22-0I. passed May 3, 2022. 2.02 Special Use Permits I Fountain Hills Zoning Ordinance Page 9 of9 discretionary permit approved plan or building plan or materially alters a previous approval or plan. Additionally, any modification not determined minor by the Development Services Director is a major modification. 2. Amendments. Amendments are changes to the use(s) approved through the special use permit. Amendments require review and consideration the same as described in this section for new applications. The Fountain Hills Zoning Ordinance is current through Ordinance 22-01, passed May 3, 2022.