Fountain Hills City Zoning Code
12 Commercial
Zoning Districts
Section 12.01 Purpose
A. C-O. Commercial Office Zoning District: The principal purpose of this zoning district is to provide for well-designed and attractive business and professional office facilities on sites in appropriate locations. This zoning district would constitute a transition between other commercial land uses and residential neighborhoods. Principal uses in this zoning district include professional, semi-professional, and business office uses.
B. C-C. Common Commercial Zoning District: The Common Commercial Zoning District is a zoning district established where existing plats that have existing common parking lot schemes developed and can provide for modest commercial enterprises to serve a surrounding residential neighborhood, as well as to provide for services to the community which are not detrimental to the integrity of the surrounding residential neighborhood, and to provide for the appropriate location of professional offices throughout the community. The intent of this district is to integrate limited commercial activity andf professional offices on the small lot and common parking lot scheme with residential land uses in a climate favorable to both. Particular attention is to be paid to the interface between commercial or professional uses and the residential uses within the same neighborhood.
C. C-1. Neighborhood Commercial and Professional Zoning District: The Neighborhood Commercial and Professional District is established to provide a location for modest, well-designed commercial enterprises to serve a surrounding residential neighborhood, as well as to provide for services to the community, which is not detrimental to the integrity of the surrounding residential neighborhood, and to provide for the appropriate location of professional offices throughout the community. The intent of this district is to integrate limited commercial activity and professional offices with residential land uses in a climate favorable to both. Particular attention is to be paid to the interface between commercial or professional uses and the residential uses within the same neighborhood.
D. C-2. Intermediate Commercial Zoning District: The principal purpose of this Zoning District is to provide for the sale of commodities and the performance of services and other activities in locations for which the market area extends beyond the immediate residential neighborhoods. Principal uses permitted in this Zoning District include furniture stores, hotels and motels, restaurants, and some commercial recreation and cultural facilities such as movies and instruction in art and music. This Zoning District is designed for application at major street intersections.
E. C-3. General Commercial Zoning District: The principal purpose of this Zoning District is to provide for commercial uses concerned with wholesale or distribution activities in locations where there is adequate access to major streets or highways. Principal uses permitted in this Zoning District include retail and wholesale commerce and commercial entertainment.
Section 12.02 Permitted Uses
A. Uses Permitted in the C-O Zoning District:
1. Any business office in which chattels or goods, wares, or merchandise is not commercially created, repaired, sold or exchanged.
2. Offices for:
a. Accountant
b. Advertising agency
c. Architect
d. Business Association
e. Chiropodist
f. Chiropractor
g. Collection Agency
h. Dentist
i. Engineer
j. Geologist
k. Insurance broker
l. Lawyer
m. Labor Union
n. Marriage Counselor
o. Minister
p. Naturopath
q. Optometrist
r. Osteopath
s. Physician
t. Private Detective
u. Private Employment Agency
v. Professional Membership Organization
w. Public Stenographer
x. Real Estate Broker
y. Surgeon
z. Surveyor
aa. Talent Agency
bb. Telephone Message Service
cc. Other similar professional and semi-professional work.
3. Banks, building and loan associations, savings and loan associations, credit unions, finance companies, and investment companies.
4. Studios for photography, fine or commercial arts or other professional work.
5. Medical and clinical laboratories.
6. Post office.
7. Pharmacy, when in conjunction with a medical center consisting of offices occupied by five (5) or more doctors provided that there shall be no outside entrance for business purposes, and that no sign or display be located so as to be visible from a public thoroughfare or adjacent property.
8. Single and multifamily residential dwellings, subject to special use permit.
B. Uses Permitted in C-1, C-C, C-2, and C-3, Zoning Districts are as follows:
1. Commercial Uses:
a. Amusement arcades
b. Bakeries
c. Banks
d. Barbershops
e. Bookstores, other than adult bookstores
f. Child care centers
g. Delicatessens
h. Dry-cleaners and self-serve laundries
i. Dry-goods and notions
j. Florists (retail)
k. Food Stores
l. Gift Shops
m. Hardware stores
n. Insurance agencies
o. Mortuaries
p. Pharmacies
q. Photo shops
r. Photo studios
s. Real estate offices
t. Restaurants
u. Variety stores
v. Wearing apparel stores.
a. All professional uses permitted in a C-O Zoning District
b. Land surveyors
c. Dental and related health professional offices
d. Medical laboratories
e. Private schools for academic instruction
f. Veterinary clinics, no outdoor facilities
g. Other similar professional offices
3. Public and Quasi-Public Uses.
a. Churches;
b. Golf courses including clubhouses located thereon, but not including miniature courses or practice driving ranges operated for commercial purposes;
c. Hospitals, subject to approval of a special use permit in the C-1 and C-C Districts to operate between 11:00 p.m. and 7:00 a.m.;
d. Libraries, museums, parks, playgrounds, and community buildings;
e. Public schools;
f. Publicly or privately owned or operated fire stations, and publicly owned or operated police stations and post offices;
g. Utility services, but not including offices, wastewater treatment plants, generating plants, and wireless communication towers and antennas, unless otherwise specifically permitted elsewhere in the ordinance.
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:
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;
c. No washing, maintenance, or service work is performed on the vehicles on site;
d. The maximum area devoted to display of vehicles does not exceed 5,000 square feet; and
e. May not have overnight parking.
Because no list of uses can be complete, decisions on additional uses will be rendered by the Development Services Director with appeal to the Town Council.
C. Additional Uses Permitted in C-2 and C-3 Zoning Districts are as follows:
1. Automobile laundries, provided steam cleaning is confined to an enclosed building.
2. Automobile repair shops and garages, including an outside vehicle storage area to be used only for vehicles under repair which shall be completely screened from any street or surrounding property, and further provided all repair operations are conducted within a building.
3. Bars, including retail sales of package goods for off-site consumptions; provided, that there is no entertainment or music audible off-site unless otherwise permitted pursuant to Chapter 25 of this ordinance.
4. Blueprint, photo static and reproduction (copy) services.
5. Catering establishments not utilizing any manufacturing process or outside storage of materials or vehicles.
6. Conservatories or studios: Art, dancing or music.
7. Drive-in restaurants and refreshment stands.
8. Electrical fixtures and appliance sales repair and service.
9. Furniture stores: New, used, finished or unfinished; No manufacturing.
10. Health spas and public gyms.
12. Laboratories, medical or dental.
13. Liquor stores.
14. Parking lots and public garages, subject to parking standards in Chapter 7.
15. Plumbing shops.
16. Pool halls or billiard centers.
17. Radio and television broadcasting stations and studios, but not including transmitter towers and stations.
18. Restaurants and cafes, including outdoor patios with or without cocktail lounges; provided, that there is no entertainment or music audible off-site unless otherwise permitted pursuant to Chapter 25 of this ordinance. Any outdoor patio with alcoholic beverage service must be enclosed as required by Arizona Revised Statues § 4-207.01, as amended, except for the time during which a current and applicable barrier exemption, as granted by the Arizona Department of Liquor Licenses and Control, is in place for the outdoor patio.
19. Retail stores.
20. Theaters, but not including a drive-in theater and adult oriented facilities as defined under Chapter 1, Section 1.12 of this zoning ordinance.
21. Trade schools.
22. Upholstery shops.
23. Veterinary hospitals and clinics for animals, subject to:
a. Animals shall not be boarded or lodged except for short periods of observation incidental to care or treatment.
b. Animals shall be kept within a completely enclosed building, which shall be constructed and maintained as to prevent objectionable noise and odor outside the walls of the building.
c. No kennels or exercise runs will be permitted.
d. All refuse shall be stored within the enclosed building or within odor proof containers.
24. Accessory buildings and uses customarily incidental to the above.
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.
26. Substance abuse or addiction treatment center. Must be located at least 2,000 feet from any other detoxification center, substance abuse or addiction treatment center, or transitional community residence.
27. Member-based indoor shooting range for gun calibers designed to be withstood by an AR500 steel grade or equivalent bullet trap design standard. Exceptions to member-based requirement include law enforcement and military personnel, and special event participants.
Because no list of uses can be complete, decisions on unspecified uses will be rendered by the Development Services Director with appeal to the Town Council.
D. In C-3 Zoning Districts, the following uses are permitted:
1. Art metal and ornamental iron shops.
2. Cabinet and carpentry shops.
3. Commercial storage of mobile homes, travel trailers, recreation vehicles, boats and aircraft on sites of no less than one (1) acre.
4. Landscape material sales, provided all incidental equipment and supplies, including fertilizer and empty cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid fence or wall at least six (6) feet in height, and no goods, materials or objects are stacked higher than the fence or wall so erected.
5. Lumber yards not including industrial milling or plaining operations.
6. Miniature golf courses and driving ranges.
7. New and used automobiles, boats, golf carts, all-terrain vehicles, motorcycles, travel trailers, recreational vehicle sales and rental 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.
8. Nurseries, flower and plant sales, provided all incidental equipment and supplies including fertilizer and empty cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid fence or wall at least six (6) feet in height and no goods, materials or objects are stacked higher than the fence or wall so erected.
9. Printing, lithography and publishing establishments.
10. Rental services: Household construction, landscaping, sickroom or office equipment; but not equipment customarily used for heavy construction. Outdoor storage must be screened from public and adjoining property view.
11. Stone monument sales.
12. Taxidermists.
13. Truck stops, with customary accessory facilities including but not limited to restaurant, convenience retail, motel, truck wash, and minor repair facilities but not including major repair, freight storage, freight handling, warehousing or distribution facilities.
14. Wholesale ice distributing stations.
16. Accessory buildings and uses customarily incidental to the above uses.
17. Mini-storage
Because no list of uses can be complete, decisions on additional uses will be rendered by the Development Services Director with appeal to the Town Council. (24-21, Amended, 12/17/2024; 23-01, Amended, 02/21/2023; 22-08, Amended, 01/03/2023; 21-06, Amended, 09/07/2021; 20-21, Amended, 10/20/2020; 20-03, Amended, 02/18/2020; 19-01, Amended, 02/19/2019)
Section 12.03 Uses Subject to Special Use Permits in C-1, C-C, C-2, and C-3 Zoning Districts
A. Amusement park, arcade, drive-in theater, or outdoor theater, miniature golf course, and golf driving range.
C. Community residences subject to the requirements in Section 5.13, nursing home, homes for the aged, convalescent home.
D. Kennels, indoors or outdoors.
E. Sports arenas.
F. Single and multifamily residential dwellings. (23-01, Amended, 02/21/2023)
Section 12.04 Uses Subject to Special Use Permits in C-C and C-1 Zoning Districts Only
A. Drive-in window facilities.
B. Operation of commercial or professional activities between eleven p.m. and seven a.m.
C. Outdoor seating area.
D. Private schools for vocational education.
E. Retail gasoline sales, subject to compliance with applicable fire and safety codes.
(Limited to four dispensing units serving a maximum of eight cars simultaneously).
F. Member-based indoor shooting range for gun calibers designed to be withstood by an AR500 steel grade or equivalent bullet trap design standard. Exceptions to member-based requirement include law enforcement and military personnel, and special event participants. (22-08, Amended, 01/03/2023)
Section 12.05 Uses Subject to Special Use Permits in C-2 Zoning Districts Only
A. Art metal and ornamental iron shops.
B. Automobile fuel dispensing stations.
C. Building and landscape material sales, provided all incidental equipment and supplies are kept within a completely enclosed building or within an area enclosed on all sides by a solid masonry, concrete or earthen product wall not less than eight (8) feet in height, shall be required. Further, any access gates shall be constructed of view-obscuring materials to provide effective site screening. Approval of the alternative screening methods not listed above shall be by the Council. No goods, materials or objects may visible above the wall.
D. Cabinet and carpentry shops.
E. Convenience stores.
F. Nurseries, flower and plant sales, provided all incidental equipment and supplies including fertilizer and empty cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid masonry, concrete or earthen product wall not less than eight (8) feet in height, shall be required. Further, any access gates shall be constructed of view-obscuring materials to provide effective site screening. Approval of the alternative screening methods not listed above shall be by the Council. No goods, materials or objects may be stacked higher than the fence or wall so erected.
G. Printing, lithography and publishing establishments.
H. Rental services: Household construction, landscaping, sickroom or office equipment; but not equipment customarily used for heavy construction. Outdoor storage must be screened from public and adjoining property view.
I. Taxidermists.
J. Light assembly and storage as an accessory use if all of the following criteria are met:
1. Any assembly or storage areas associated with assembly activities shall not occupy more than fifty (50%) percent of enclosed building space used for the business.
2. There shall be no use of hazardous materials involved in the assembly operation(s).
K. New and used automobile, including outside display area, provided all sales and repair activities are conducted within a building.
L. Vehicle storage facilities, at a minimum, the following regulations are placed upon any such a use:
1. Any outdoor lighting shall be placed so as to reflect light away from any adjoining residential zoning district.
2. Required yards adjacent to any street shall be landscaped and shall not be occupied by any use or structure including parking or loading spaces except for drives and roadways, signs and lighting as permitted in this ordinance,
3. Site enclosure and screening requires that the vehicle storage facilities shall be enclosed to provide effective site screening from adjoining properties, uses or streets by the use of eight (8) foot high solid masonry walls. The vehicle storage facility enclosure shall not encroach into any required setback area.
4. All vehicles being stored or parked shall be licensed and be in operating order, no wrecked or inoperable vehicles may be stored in a vehicle storage facility.
5. Landscape requirements, minimum site landscape requirements are as follows: (Note: the Town Council or the Planning and Zoning Commission may impose additional landscape requirements.)
a. Any part of a site not used for buildings, parking, driveways, storage yard, sidewalks, etc. shall be landscaped and maintained in accordance with an approved landscape plan.
b. Landscaped areas shall include an approved mixture of drought tolerant or other plant materials, and organic and nonorganic ground cover materials. Landscaping shall consist of one plant for each 20 square feet of landscape area, at least twenty-five (25) percent of the plants shall be 15 gallon or greater plants and the remaining plants must be at least five gallon plants, the approval of the above mixture of landscape materials shall be by the Community Development Department staff with appeal to the Planning and Zoning Commission.
c. An automatic irrigation system shall be provided and maintained to all landscaped areas requiring water.
d. All landscaped areas adjacent to vehicular parking and access areas shall be protected by six (6) inch vertical concrete curbing in order to control storm water flows and minimize damage by vehicular traffic.
6. All uses shall be maintained in such a manner that they are neither obnoxious nor offensive by reason of emission of odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, radiation or other similar causes detrimental to the public health, safety or general welfare.
7. The storage yard must be surfaced with a dust free material approved by the Town Engineer.
M. Indoor mini-storage.
N. Nonmember-based indoor shooting range or range for gun calibers designed to be withstood by a steel grade rating greater than AR500 or equivalent bullet trap design standard.
O. Detoxification center, outpatient. In addition to the requirements in Section 2.02 for consideration of a special use permit, applicants shall:
1. Provide a copy of license or certification by the State of Arizona Department of Health Services.
2. Provide sufficient indoor activity and waiting space.
3. Provide contact information and process for resolution of complaints.
4. Comply with A.R.S. 36-601.01, the Smoke-Free Arizona Act, and designate smoking area(s), including areas for vaping and e-cigarettes, as far from adjacent uses as possible.
5. Document, through a market analysis by a credentialed professional using the most recent applicable Fountain Hills census data and Substance Abuse and Mental Health Services Administration data, the need for the service on an ongoing basis for residents of Fountain Hills. The analysis shall take into account any existing services already provided in the Town.
6. A discharge policy that is geared toward repatriating the client back to their place of origin.
7. Be located at least the following distances from the listed uses, measured from nearest property line to nearest property line:
a. Two thousand feet from any other detoxification center, substance abuse treatment center, or transitional community residence.
b. One thousand feet from any church, public library, park, preserve and trail, or school, preschool, or day care.
c. Five hundred feet from any residential zoning district or use, including planned area developments with a residential primary use. (23-01, Added, 02/21/2023; 22-08, Amended, 01/03/2023; 20-10, Added, 09/15/2020)
Section 12.06 Uses Subject to Special Use Permits in C-3 Zoning Districts Only
A. Automobile fuel dispensing stations.
B. Construction equipment, including sales, service, rental and storage. At a minimum, the following regulations are placed upon any such a use:
1. Any outdoor lighting shall be placed so as to reflect light away from any adjoining residential Zoning District.
2. Required yards adjacent to any street shall be landscaped and shall not be occupied by any use or structure including parking or loading spaces except for drives and roadways, signs and lighting as permitted in this Ordinance.
3. Site Enclosure and Screening Requirements. Construction equipment storage yards shall be enclosed to provide effective site screening from adjoining properties, uses or streets by the use of walls, berms and landscape plantings or combinations thereof as follows:
a. Automobile parking areas shall be screened from any adjacent residential zoning district. All parking areas shall be landscaped by at least ten (10) feet of landscaping.
b. A solid masonry, concrete or earthen product wall not less than eight (8) feet in height, shall be required. Further, any access gates shall be constructed of view-obscuring materials to provide effective site screening. Approval of the alternative screening methods listed above shall be by the Council.
c. No outdoor industrial use or enclosure thereof shall encroach into any required setback area and no facility, storage products or materials shall exceed the height of any such enclosure.
d. Landscape Requirements. Minimum site landscape requirements are as follows: (Note: the Town Council or the Planning and Zoning Commission may impose additional landscape requirements.)
1. Any part of a site not used for buildings, parking, driveways, storage, loading, sidewalks, etc. shall be landscaped and maintained in accordance with an approved landscape plan.
2. Landscaped areas shall include an approved mixture of drought tolerant or other plant materials, and organic and nonorganic ground cover materials. The approval of the above mixture of landscape materials shall be by the Community Development Department staff with appeal to the Planning and Zoning Commission.
3. An automatic irrigation system shall be provided and maintained to all landscaped areas requiring water.
4. All landscaped areas adjacent to vehicular parking and access areas shall be protected by six (6) inch vertical concrete curbing in order to control storm water flows and minimize damage by vehicular traffic.
4. All uses shall be maintained in such a manner that they are neither obnoxious nor offensive by reason of emission of odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, radiation or other similar causes detrimental to the public health, safety or general welfare.
5. The storage yard must be surfaced with a dust free material approved by the Town Engineer.
C. Convenience stores.
D. Temporary Vehicle Storage Facilities. At a minimum, the following regulations are placed upon any such a use:
1. Any outdoor lighting shall be placed so as to reflect light away from any adjoining residential zoning district.
2. Required yards adjacent to any street shall be landscaped and shall not be occupied by any use or structure including parking or loading spaces except for drives and roadways, signs and lighting as permitted in this ordinance.
3. Site Enclosure and Screening Requirements. Temporary vehicle Storage Facilities shall be enclosed to provide effective site screening from adjoining properties, uses or streets by the use of walls, berms and landscape plantings or combinations thereof as follows:
a. Automobile parking areas outside of the vehicle storage yard shall be screened from any adjacent residential zoning district. All parking areas outside of the temporary storage facility shall be landscaped by at least ten (10) feet of landscaping.
b. A solid masonry, concrete or earthen product wall not less than eight (8) feet in height, shall be required. Further, any access gates shall be constructed of view-obscuring materials to provide effective site screening. Approval of the alternative screening methods listed above shall be by the Council.
c. The temporary vehicle storage yard enclosure shall not encroach into any required setback area and no vehicles or materials shall exceed the height of any such enclosure. No vehicles may be stacked on other vehicles.
d. Landscape Requirements. Minimum site landscape requirements are as follows: (Note: the Town Council or the Planning and Zoning Commission may impose additional landscape requirements.)
1. Any part of a site not used for buildings, parking, driveways, storage yard, sidewalks, etc. shall be landscaped and maintained in accordance with an approved landscape plan.
2. Landscaped areas shall include an approved mixture of drought tolerant or other plant materials, and organic and nonorganic ground cover materials. Landscaping shall consist of one plant for each 20 square feet of landscape area. At least twenty-five (25) percent of the plants shall be 15 gallon or greater plants and the remaining plants must be at least five-gallon plants. The approval of the above mixture of landscape materials shall be by the Community Development Department staff with appeal to the Planning and Zoning Commission.
3. An automatic irrigation system shall be provided and maintained to all landscaped areas requiring water.
4. All landscaped areas adjacent to vehicular parking and access areas shall be protected by six (6) inch vertical concrete curbing in order to control storm water flows and minimize damage by vehicular traffic.
4. No vehicle may be stored in the facility for more than one hundred-eighty (180) days.
5. The facility is for the temporary storage of abandoned, wrecked or legally impounded automobiles, boats, or other vehicles regardless of running condition. Such a facility is not to be used for the dismantling of any vehicle, the storage of any vehicle parts, nor the retailing or wholesaling of any vehicle or vehicle parts.
6. All uses shall be maintained in such a manner that they are neither obnoxious nor offensive by reason of emission of odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, radiation or other similar causes detrimental to the public health, safety or general welfare.
7. The storage yard must be surfaced with a dust free material approved by the Town Engineer.
E. Light assembly and storage as an accessory use if all of the following criteria are met:
1. Any assembly or storage areas associated with assembly activities shall not occupy more than fifty (50%) percent of enclosed building space used for the business.
2. There shall be no use of hazardous materials involved in the assembly operation(s).
F. Detoxification center, outpatient and inpatient. In addition to the requirements in Section 2.02 for consideration of a special use permit, applicants shall:
1. Provide a copy of license or certification by the State of Arizona Department of Health Services.
2. Provide sufficient indoor activity and waiting space.
3. Provide contact information and process for resolution of complaints.
4. Comply with A.R.S. 36-601.01, the Smoke-Free Arizona Act, and designate smoking area(s), including areas for vaping and e-cigarettes, as far from adjacent uses as possible.
5. Document, through a market analysis by a credentialed professional using the most recent applicable Fountain Hills census data and Substance Abuse and Mental Health Services Administration data, the need for the service on an ongoing basis for residents of Fountain Hills. The analysis shall take into account any existing services already provided in the Town.
6. A discharge policy that is geared toward repatriating the client back to their place of origin.
7. Be located at least the following distances from the listed uses, measured from nearest property line to nearest property line:
a. Two thousand feet from any other detoxification center, substance abuse treatment center, or transitional community residence.
b. One thousand feet from any church, public library, park, preserve and trail, or school, preschool, or day care.
c. Five hundred feet from any residential zoning district or use, including planned area developments with a residential primary use.
G. Nonmember-based indoor shooting range or range for gun calibers designed to be withstood by a steel grade rating greater than AR500 or equivalent bullet trap design standard.
H. Reserved.
I. Substance abuse or addiction treatment center, lodging. In addition to the requirements in Section 2.02 for consideration of a special use permit, applicants shall:
1. Provide a copy of license or certification by the State of Arizona Department of Health Services.
2. Provide sufficient indoor activity and waiting space.
3. Provide contact information and process for resolution of complaints.
4. Comply with A.R.S. 36-601.01, the Smoke-Free Arizona Act, and designate smoking area(s), including areas for vaping and e-cigarettes, as far from adjacent uses as possible.
5. Document, through a market analysis by a credentialed professional using the most recent applicable Fountain Hills census data and Substance Abuse and Mental Health Services Administration data, the need for the service on an ongoing basis for residents of Fountain Hills. The analysis shall take into account any existing services already provided in the Town.
6. A discharge policy that is geared toward repatriating the client back to their place of origin.
7. Be located at least the following distances from the listed uses, measured from nearest property line to nearest property line:
a. Two thousand feet from any other detoxification center, substance abuse treatment center, or transitional community residence.
b. One thousand feet from any church, public library, park, preserve and trail, or school, preschool, or day care.
c. Five hundred feet from any residential zoning district or use, including planned area developments with a residential primary use. (24-21, Amended, 12/17/2024; 23-01, Amended, 02/21/2023; 22-08, Amended, 01/03/2023)
Section 12.07 Additional Regulations
A. All Commercial Zoning Districts:
1. Site Enclosure and Screening Requirements: Commercial site and/or uses shall be enclosed to provide effective site screening from adjoining properties, uses or streets as follows:
a. A solid masonry, concrete or earthen product wall not less than eight (8) feet in height shall be required along and adjacent to any side or rear property line abutting any residential zone boundary, or any alley abutting such zone boundary at the time of development of the commercial property. Further, any access gates in said solid wall shall be constructed of view-obscuring material to provide effective site screening.
b. The perimeter of any portion of a site not adjacent to a residential zone boundary 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, shall be required. Further, any access gates shall be constructed of view-obscuring materials to provide effective site screening. Approval of the alternative screening methods not listed above shall be by the Council. No outdoor commercial use or enclosure thereof shall encroach into any required setback area adjacent to any street, nor shall any storage products or materials exceed the height of any such enclosure.
2. Any outdoor lighting shall be in conformance with provisions in Chapter 8 hereof. Any outdoor lighting shall be placed so as to reflect light away from any adjoining residential Zoning District.
3. A building or premises other than the residence of the family of the operator or caretaker employed on the premises of a commercial use shall not be used for dwelling purposes unless approved as a Special Use by the Town Council.
4. If a business expands, it shall, in addition to the parking spaces in existence prior to such expansion, be required to provide only the number of additional parking spaces necessitated by the expansion.
B. Additional Requirements of C-O, C-C, C-1 Zoning Districts:
1. Performance Requirements for a C-O, C-C and C-1 Zoning Districts.
a. All building permits for new construction shall include completion of all right-of-way improvements required for that type of development by the subdivision ordinance.
b. Signs for permitted neighborhood commercial and professional uses shall conform to Chapter 6 of this zoning ordinance.
c. Site plans shall be designed in such manner that they minimize the traffic impact of neighborhood commercial and professional uses on local residential streets.
d. Buildings and their appurtenances shall be oriented to limit conflicts with surrounding residential uses due to noise, light, litter, or dust.
e. No outdoor music or speakers.
f. When a neighborhood commercial and professional property abuts the residential district, the following standards shall be required for nonsingle family residential development:
1. A twenty (20) foot landscaped buffer shall be provided for the full distance where the two properties abut.
2. Lighting of the site shall not exceed fifteen (15) feet in height and shall be directed away from residences or residentially zoned land in the vicinity of the site.
3. Mechanical equipment must be located or screened to limit sound transfer to nearby residentially zoned property.
4. Noise producing mechanical equipment must be located at least twenty (20) feet from any common property line with residentially zoned property.
5. Fences shall be maintained along residential property lines to prevent the intrusion of unwanted light, dust or blowing debris.
6. Openings in buildings and activity centers on sites shall be located to minimize interference with residential uses.
7. Drainage from buildings and parking lot areas shall be detained on-site and shall be directed only into a drainage system approved by the Town Engineer.
8. Loading and delivery entrances shall be located away from the interface with residential uses or shall be screened to prevent the intrusion of the commercial or professional office activities into the adjacent residential neighborhood.
9. All activity (except required on-site parking, off-street loading and unloading spaces, and incidental or accessory storage and display areas) shall be within a completely enclosed building, unless otherwise specifically noted herein.
10. All mechanical equipment must be screened from public view and view of adjoining properties.
2. The C-1 Zoning District designations should be applied to land that meet the following primary circumstances:
a. Such a designation is appropriate where commercial activities are to be provided in the midst of a neighborhood for the benefit of the residents thereof. Such benefits may include convenience, energy conservation, or related factors. Such a designation may properly apply to a limited area located in a convenient place relative to the circulation pattern for both vehicles and pedestrians within a neighborhood. A C-1 Zoning District should serve as a commercial service nucleus for the neighborhood in which it is located.
b. Application of this district would also be appropriate where its permitted uses and performance standards might serve as an effective buffer between a residential neighborhood and uses not compatible with residential living.
c. It may also be suitable in moderate and/or high-density residential areas with high activity levels where professional office uses would not substantially impact the area.
d. All new construction within the C-1 Zoning District shall conform to the General Provisions as specified in Chapter 5 of this zoning ordinance unless the following standards are more restrictive, in which case the more restrictive provision shall prevail.
C. Planned Unit Developments (PUD) in C-1 Zoning Districts:
1. Planned unit developments may be proposed in a C-1 Zoning District for uses permitted within the district in accordance with provisions permitting planned unit developments as specified by this title.
2. Exceptions to specific terms of the C-1 Zoning District as they directly affect building bulk and placement of intensity of building use may be considered within the context of a planned unit development as defined by this title. Uses permitted only in the "C-2" district may constitute up to twenty-five (25%) percent of the net developed area in any mixed use planned unit development within the C-1 Zoning District. No other uses may be permitted by way of the planned unit development procedure in the C-1 Zoning District.
3. Minimum size for a planned unit development in the C-1 Zoning District shall be two acres. Exceptions to this standard shall be treated as a variance concerning building bulk of placement.
Section 12.08 General Provisions
The General Provisions in Chapter 5 shall apply.
Section 12.09 Signs
The regulations in Chapter 6 shall apply.
Section 12.11 Outdoor Lighting
The provisions of Chapter 8 shall apply.
Section 12.13 Density, Area, Building and Yard Regulations
The chart, which follows, specifies the minimum lot sizes, minimum lot widths, maximum building heights, minimum yard setbacks and maximum lot coverage percentages, and the minimum distance between buildings.
Fountain Hills Zoning Ordinance Summary
COMMERCIAL DISTRICT
District | Area (Sq. Feet) | Width (Feet) | Bldg Height (Feet) | Minimum Yard Setbacks | Distance Between Bldgs (Feet) | ||||
|---|---|---|---|---|---|---|---|---|---|
Front | Side | Street Side | Rear | ||||||
C-O | 12,000 | 60 | 30e | 5c | 5f | 5 | 35% | UBC | |
C-C | 1,125 | 23 | 25 | 0 | 0 | 0 | 0 | 100%g | UBC |
C-1 | 6,000 | 60 | 25 | 25b | 0c | 10c | 0d | 60% | UBC |
C-2 | 6,000 | 60 | 40 | 0d | 60% | UBC | |||
C-3 | 6,000 | 60 | 40 | 0d | 60% | UBC | |||
aOr height of the building, whichever is greater.
bWhen adjacent to a residential district, regardless of whether separated by a street or alley, there shall be a front yard equal to the front yard required in the adjoining residential zoning district or the building height, whichever is greater (not to exceed 25 feet).
cWhen adjacent to a residential district there is to be a 10-foot setback or a distance equal to the height of the commercial building, whichever is greater.
When a corner lot is adjacent to a residential district, regardless of whether separated by a street or alley, there shall be a 10-foot setback or height of building, whichever is greater.
If a side yard is otherwise provided, the minimum setback is 3 feet.
dWhen adjacent to a residential district, regardless of whether separated by a street or alley, there is to be a 25-foot setback or height of the building, whichever is greater.
If there is to be other then a zero rear yard setback the minimum setback is 10 feet.
eIf within 20 feet of a rural or residential zone, maximum height is 15 feet.
fIf a corner lot abuts a residential zoning district whether or not separated by an alley, minimum street side yard setback shall be 15 feet.
gExcluding sight angles and easements.