Fountain Hills City Zoning Code
18 Town
Center Commercial Zoning District
Section 18.01 Purposes
Town Center Commercial Zoning District: The principal purpose of this zoning district is to provide for a variety of pedestrian-oriented retail, office, lodging, residential and civic land uses in the Town Center area. The intent of the district is to encourage the development and sustainability of a vibrant mixed-use area where residents and visitors can live, work, shop, dine, be entertained, enjoy community and cultural events and contribute to the economic viability of the Town Center area and the Town as a whole.
Section 18.02 Intent
The Town Center Commercial Zoning District designation should be applied to land that meets the following primary characteristics:
A. Such a designation is appropriate in the Town Center area of the Town where commercial, lodging, residential and civic activities are desirable for the benefit of the residents thereof and the Town in general.
B. Application of this district would be appropriate where it’s permitted uses and performance standards serve to widen the Town’s economic base and further the development of the Town Center area as envisioned by the Council.
C. All new construction within the Town Center Zoning District shall conform to the General Provisions as specified in Chapter 5 and any other relevant regulations of this Zoning Ordinance unless noted in this Chapter, in which case the regulations in this Chapter shall prevail.
Section 18.03 Permitted Uses
A. Any Uses Permitted in the C-O Zoning District.
B. Any of the Following Commercial Uses:
1. Amusement arcades enclosed within a building.
2. Bakeries.
3. Banks.
4. Bars – On premise consumption only. No adult businesses.
5. Barbershops.
6. Bookstores, other than adult businesses.
7. Blueprint, Photostatic and reproduction (copy) services.
8. Catering establishments not utilizing any manufacturing process or outside storage of materials or vehicles.
9. Child care centers.
10. Conservatories or studios: Visual arts, dancing or music includes the creation, display and sale.
11. Dry-cleaners.
12. Dry goods and notions.
13. Florists (retail).
14. Food Stores.
15. Furniture stores: New, used, finished or unfinished; No manufacturing.
16. Health spas and public gyms.
18. Gift Shops.
19. Indoor recreational facilities.
20. Insurance agencies.
21. Laboratories, medical or dental.
22. Metal and ornamental iron shops. Any production/storage areas shall be enclosed within a building.
23. Outdoor seating areas for restaurants, delicatessens, cafes or bars with or without alcoholic beverage service, subject to the regulations of this chapter; and provided, that any outdoor patio with alcoholic beverage service must be enclosed as required by Arizona Revised Statutes § 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. Such outdoor seating areas are allowed within sidewalk areas located in a public right-of-way, provided an encroachment permit is approved by Town Council, at its sole discretion. Such outdoor seating areas must be properly maintained to ensure safe access and mobility for business patrons.
24. Parking lots and public garages, subject to parking standards in Chapter 7.
25. Pharmacies.
26. Photo shops.
27. Photo studios.
28. Printing, lithography and publishing establishments.
29. Private schools for academic instruction.
30. Public or Private Schools for vocational education.
31. Radio and television broadcasting stations and studios, but not including transmitter towers and stations.
32. Restaurants, delicatessens and cafes (including the sale of alcoholic beverages – On premise consumption only).
33. Retail stores.
34. Theaters, but not including a drive-in theater or adult businesses.
35. Variety stores.
36. Wearing apparel stores.
37. Accessory buildings and uses customarily incidental to the above.
C. Multifamily Residential uses are permitted as part of a mixed-use development according to the following general guidelines:
1. Mixed-use with Multifamily Residential dwellings in projects that are five (5) acres or larger in size. Mixed-use developments shall conform to the additional provisions of Section 12.03(F) of this ordinance unless those regulations differ from the regulations continued in this chapter, in which case the regulations of this chapter shall control.
2. A building may be exclusively used for multifamily purposes; provided, however, that any building used exclusively for multifamily purposes shall not front on or be within fifty (50) feet of edge of the adjacent right-of-way line for the Avenue of the Fountains, Saguaro Boulevard, El Lago Boulevard, Parkview Avenue, Verde River Drive, La Montana Drive or Palisades Boulevard.
3. Except for those multifamily buildings meeting the restrictions set forth in Subsection 18-03(C)(2) above, only commercial retail uses shall be permitted on the first or ground floor of a mixed-use project (see illustration #1). This restriction does not apply to parking or other amenities such as pools or other similar facilities.
4. Not less than 20% of all upper story exterior wall planes must be offset from the first floor wall plane. All upper story exterior wall planes that are not offset from the first floor wall plane may only be in sections with a maximum length of ten (10) feet.
5. Mixed-use projects must contain less than 50% multifamily residential gross floor area with a maximum density that conforms to the “R-3” zoning district density regulations.
6. Parking for any multifamily residential uses shall be provided on site.
D. The following public and quasi-public uses:
1. Open space malls and pedestrian corridors.
2. Churches.
3. Libraries, museums, parks, playgrounds, and community buildings.
4. Publicly or privately owned or operated fire stations, and publicly owned or operated police stations and post offices.
5. 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.
6. Accessory buildings and uses customarily incidental to the above. (21-12, Amended, 12/07/2021)
Section 18.04 Uses Subject to Temporary Use Permits
A. Pushcarts.
Section 18.05 Uses Subject to Special Use Permits
A. Liquor stores.
B. Community residences subject to the requirements in Section 5.13, nursing home, homes for the aged, convalescent home.
C. Drive-in window facilities for banks and dry cleaners only. (23-01, Amended, 02/21/2023)
Section 18.06 Additional Regulations
A. Any outdoor lighting shall be in conformance with the provisions in Chapter 8. All outside lighting shall not exceed twenty (20) feet in height and shall be fully shielded and directed away from residential or uses in the vicinity of the site.
B. Any recorded or live music or sound that is electronically amplified and played outside an establishment shall only be permitted at establishments with dedicated outdoor seating areas for food and beverage service. Such establishments shall comply with the sound level requirements set forth in the Fountain Hills Town Code Section 11-1-7, as amended.
C. 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. Required parking may be provided in accordance with a TCCD shared parking plan that is consistent with the shared parking model set forth below.
D. 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.
E. Prior to the approval of any sign permit, a comprehensive sign plan for any development within the Town Center Commercial District shall be submitted and approved in accordance with Chapter 6 of this ordinance. All signage shall conform to the approved Comprehensive Sign plan.
F. Site plans shall be designed in such manner that they minimize the vehicular traffic impact on local residential streets. Extraordinary pedestrian circulation routes shall be developed internally and externally to provide pedestrian access to adjacent commercial, residential and institutional uses.
G. Buildings and their appurtenances shall be oriented to limit conflicts with surrounding residential uses due to noise, light, litter, or dust.
H. When a nonresidential use abuts a residential use, a thirty (30) foot landscaped buffer shall be provided on the residential site for the full distance where the two properties abut. Dedicated pedestrian walkways or malls that are at least thirty (30) feet wide may serve as this buffer.
I. Mechanical equipment must be located or screened to limit sound transfer to nearby residential property.
J. Noise producing mechanical equipment must be located at least twenty (20) feet from any common property line with a residential use.
K. Fences and/or extraordinary landscaping shall be developed and maintained along the property lines of residential uses to prevent the intrusion of unwanted light, dust or blowing debris.
L. Any fences or walls abutting any dedicated open area mall or pedestrian access parcel shall be limited to 3.5 feet in height. Except within required front or street side-yard setbacks, wrought iron vertical extensions may be placed on top of these low walls to a maximum height of five (5) feet.
M. Prior to the issuance of any building permit, a Master Landscaping and Lighting Plan shall be submitted and administratively approved by the Town Planning and Zoning Director for development within the Town Center Commercial District. Prior to the issuance of any building permit, a landscape and lighting plan, prepared and stamped by an Arizona-registered landscape architect, shall be submitted and approved as a part of the building permit application. Individual landscape and lighting plans shall be in conformance with the approved Master Landscape and Lighting Plan.
N. Prior to the issuance of any building permit, a Master Design and Architectural Plan (MDAP) shall be submitted and approved by the Planning and Zoning Commission for any development within the Town Center Area as outlined in Chapter 19 of this ordinance. Prior to the issuance of any building permit, such plans shall be in conformance with the approved MDAP.
O. Openings in buildings and activity centers on sites shall be located to minimize interference with abutting residential uses.
P. Drainage from buildings and parking lot areas shall be detained on-site and/or shall be directed only into a drainage system approved by the Town Engineer.
Q. Loading and delivery entrances shall be located away from the interface with abutting residential uses and abutting open space malls or dedicated pedestrian access parcels.
R. All business activity (except required on-site parking, and off-street loading and unloading spaces) shall be within a completely enclosed building, unless otherwise specifically noted herein.
S. All mechanical equipment must be screened from public view and view of adjoining properties.
T. The development of property located within the TCCD Zoning District shall not be bound by the provisions of subsections 5(11)(B)(4) or 5(11)(B)(5) of this Zoning Ordinance.
Section 18.07 Design Guidelines
A. The provisions of chapter 19 – Architectural Review Guidelines of this ordinance shall apply unless provided for otherwise in this chapter.
B. The provisions of Chapter 6 – Landscaping Standards of the subdivision ordinance shall apply unless provided for otherwise in this chapter.
C. The provisions of Chapter 8 – Outdoor Lighting Control of this ordinance shall apply unless provided for otherwise in this chapter.
Section 18.08 General Provisions
The General Provisions in Chapter 5 shall apply, except where provided for in this chapter.
Section 18.09 Signs
Section 18.11 Parking and Loading
A. The regulations in Chapter 7 – Parking & Loading Requirements shall apply, except where provided for in this Chapter.
B. A shared parking plan may be proposed for developments within the TCCD according to the following guidelines:
1. Parking requirements for development projects that contain two (2) or more nonresidential uses and that contain a minimum of 50,000 square feet of gross floor area may be satisfied with shared parking.
2. Shared parking may be approved only when the subject uses have inherent differences in parking activity patterns, the combined parking requirement will not exceed the available parking supply, and the right of joint use of a parking facility is evidenced by a contract establishing joint use.
3. Shared parking areas must display signage indicating the availability of the parking spaces for users of the participating properties.
4. A shared parking plan shall be subject to review and approval by the Planning and Zoning Commission during Site Plan review.
5. Shared parking shall conform to the following standards:
a. Location: Parking shall be provided on the same or a contiguous lot or in an adjacent public right-of-way. Parking may be provided off-site with professional analysis that the proximity of the parking (maximum distance=600’ from the development property perimeter) is acceptable according to industry standards.
b. Shared Parking Model: The shared parking model shall be used as a basis for predicting the parking requirements for a particular mix of uses on a site.
c. Shared Parking Report: When using a shared parking plan, the applicants calculation of shared parking requirements shall be submitted with the development plan and/or land use proposal in the form of a shared parking report consisting of a review of the existing and proposed parking conditions on site, including:
(1). A brief history of the phases of site development, with details of Town approvals of variances, special use permits, or any other applicable land use approvals.
(2). An overview of any parking problems that currently exist on the site, based on personal interviews with tenants, managers, and owners, and on direct observations and counts by the preparer.
(3). A comparison of the parking required by ordinance or the shared parking model with the parking provided both for current and proposed uses on site.
(4). A discussion for the probable scenarios and problems that will need to be addressed if the parking is provided in relation to demand, as proposed in the shared parking plan.
(5). Any special conditions to protect the public interest recommended by the preparer if the project is approved as proposed.
d. Implementation: The owner or manager of a project approved under the shared parking model, once built, shall maintain an accurate, up-to-date record of the usage of the net floor area for the project, both occupied and vacant, according to type of use. The Planning and Zoning Director may require this record be provided when the owner applies for a new land use or development approval for the subject parcel.
A summary of all implementation strategies needed to deal with the anticipated problems mentioned in above shall be submitted, including an analysis of the following:
(1). Ride sharing (incentives for carpools or vanpooling) and programs to encourage high occupancy vehicles through specific incentives and policies.
(2). Alternative styles of transportation (encourage bicycles, motorcycles, walking); consider market rates for employee parking, promote off-peak trips, etc.
(3). Convenient pedestrian circulations on-site (ensures quality designs of walkways; create parking zones; cluster uses sharing customers, etc.)
(4). Efficient uses of parking (supply a mix of short-term and long-term parking; cluster uses sharing parking; minimize reserved spaces; consider permits, etc.)
(5). Effective management (assign administrative responsibility for program to one person, section or company; achieve consistency in policy and enforcement; undertake periodic monitoring; file update reports with Town, review impact of new tenants, etc.).
(6). Accommodation and location for disabled parking to provide ease of access to uses on site.
e. Easements: Owner Affidavit; Parking Association. When shared parking is permitted, the applicant shall ensure that all owner(s) of the property on which the shared parking is located shall, prior to Site Plan approval, (1) record an irrevocable easement over such property for the benefit of the applicant’s property and (2) file a parking affidavit with the Planning and Zoning Director indicating the (A) the joint use is acceptable and will not interfere with the owner’s current use and (B) owner agrees and understands that future development on the owner’s property may be limited due to the shared parking. In cases where parking for a project is to be provided on more than one (1) lot, a parking association shall be formed by the owners of the affected parcels prior to site plan approval. Documentation of the association’s recorded conditions, covenants and restrictions shall be provided to the Planning and Zoning Director, or designee, prior to site plan approval and shall be in a form acceptable to the Town Attorney.
f. Street parking calculation: On-street parking located directly adjacent to the development site may be considered when calculating the parking provided and required by the standard shared parking model.
g. Tandem Parking: Tandem parking spaces, two cars occupying one extra deep parking space (9’x36’ minimum), may be used and calculated as two spaces for residential parking only, and only in such cases where both spaces will either be designated for a single household or controlled by a parking attendant.
C. Shared Parking Model:
1. The Town of Fountain Hills shared parking model shall be used as a basis for predicting the parking demand for a particular mix of uses on a site. Some uses (like nightclubs) peak in the evening; others (like offices) peak during the day. Where different uses need parking at different times of the day, there is an opportunity for them to share parking. This means that the total number of parking spaces needed to serve a “Mixed-Use” site (the parking demand, may be somewhat less than the number of parking spaces that would have to be provided if each of the uses had to provide parking on its own as required by Chapter 7 of this Ordinance.
2. The shared parking model is a tool for estimating the parking demand of a specific mix of uses. Each of the demand curves represents the parking needed for an average, typical use, based on studies and observations. The “curves” are represented below as a table showing the percent of the ordinance requirement for such uses, by hour of day.
3. The shared parking model may be used to calculate the shared parking needs for a Town Center Commercial District (TCCD) development project. In addition, to calculating the joint use requirements for a proposed development the shared parking model also calculates the reserved parking requirements for such standard uses as office, restaurant, retail and residential uses.
4. An applicant may submit for review and approval, an alternative to the shared parking model set forth in this Subsection 18.11(C). The applicant’s shared parking alternative shall be based on the Urban Land Institute shared parking model and shall be submitted to the Town for review by an independent shared parking expert selected by the Town. Funds in an amount adequate to pay for the review of the alternative shared parking proposal shall be submitted to the Town at the time of submittal of the shared parking alternative. Any unexpended funds will be returned to the applicant.
Shared Parking Table
How to Determine the Total Parking Requirement for Shared Parking Facilities | ||||||
|---|---|---|---|---|---|---|
For each applicable general land use category, calculate the number of spaces required for a use as indicated in Section 7.04(G) as if it were the only use. Use those figures for each land use to calculate the number of spaces required for each of the six time periods by multiplying the full parking requirement by the percentage figure shown. For each time period, add the number of spaces required for all applicable land uses to obtain a grand total for each of the six time periods. Select the single time period with the highest total parking requirement and use that total as the shared parking requirement. | ||||||
General Land Use Classification | Weekdays | Weekends | ||||
Midnight – | 7 AM – | 6 PM – Midnight | Midnight – | 7 AM – | 6 PM – Midnight | |
Office & Commercial | 5% | 100% | 5% | 0% | 10% | 0% |
Retail | 0% | 90% | 60% | 0% | 100% | 65% |
10% | 60% | 100% | 10% | 65% | 100% | |
Lodging | 95% | 60% | 80% | 100% | 65% | 90% |
Residential | 100% | 100% | 100% | 100% | 100% | 100% |
Cinema | 0% | 55% | 80% | 0% | 75% | 100% |
Community | 0% | 60% | 80% | 0% | 80% | 100% |
Section 18.14 Density, Area, Building and Yard Regulations
The following chart 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
TOWN CENTER COMMERCIAL DISTRICT
District | Area (Sq. Feet) | Width (Feet) | Bldg Height (Feet) | Minimum Yard Setbacks | Distance Between Bldgs (Feet) | ||||
|---|---|---|---|---|---|---|---|---|---|
Front | Side | Street Side | Rear | ||||||
TCCD | 6,000 | 60 | 40a | 0b | 0c | 0c | 0b | 100% | See IBC |
aThe Town Council may allow a building height of up to forty eight (48) feet by specific approval by the Planning & Zoning Commission during Site Plan review for movie theatres, special architectural features that improve the building elevation, or to accommodate increased first floor commercial ceiling heights.
bWhen adjacent to a residential use, regardless of whether separated by a street or alley, there shall be a minimum front and rear yard setbacks equal to the minimum front and rear yard setbacks required of the adjoining residential use (not to exceed 25 feet). When abutting a dedicated open-area mall or a thirty (30) foot wide (minimum) dedicated pedestrian access parcel, buildings or low-walled outdoor seating areas may abut the he property line. When commercial retail/office properties have frontage on the Avenue of the Fountains and/or on the Saguaro Boulevard right (s)-of-way, buildings shall be constructed five (5) feet from the property line if no five-foot wide landscape/canopy parcel has been platted.
cWhen adjacent to a residential use there shall be a minimum ten (10) foot side yard setback or a minimum side yard setback equal to the building height, whichever is greater. If a side yard is otherwise provided, the minimum setback is five (5) feet. When abutting a dedicated open-area mall or a thirty (30) foot wide (minimum) dedicated pedestrian access parcel, buildings or low-walled outdoor seating areas may abut the property line.