ORDINANCE NO

Transcription

1 ORDNANCE NO AN ORDNANCE OF THE MAYOR AND TOWN COUNCL OF THE TOWN OF CAVE CREEK, MARCOPA COUNTY, ARZONA, AMENDNG THE ZONNG ORDNANCE OF THE TOWN OF CAVE CREEK ADOPTED ON JANUARY 6, 2003, AND AS AMENDED MAY 18, 2009, BY DELETNG AND REPEALNG THE EXSTNG " APPENDX A- " N TS ENTRETY AND AMENDNG BY SUBSTTUTNG N TS PLACE A NEW "APPENDX A- "; PROVDNG FOR A PENALTY; ESTABLSHNG AN EFFECTVE DATE; AND PROVDNG FOR REPEAL AND SEVERABLTY. WHEREAS, the Town Council and the Town of Cave Creek desires to update existing provisions concerning commercial land uses so as to further protect and improve the public health and safety of Town citizens and neighborhoods; WHEREAS, the Town Council of the Town of Cave Creek also wishes to address concerns and issues that staff, elected officials and the community at large have expressed concerning the need to regulate commercial land uses within the Town; WHEREAS, the Town Council of the Town of Cave Creek has determined that the following amendments should be made to "" of the Town's Zoning Ordinance to promote the good order, health and general welfare of the inhabitants of the Town; and WHEREAS, said amendment is authorized by A.R.S NOW, THEREFORE, BE T ORDANED BY THE MAYOR AND TOWN COUNCL OF THE TOWN OF CAVE CREEK, ARZONA, AS FOLLOWS: Section 1 That the existing "Appendix A-Use Descriptions" of the Town's Zoning Ordinance is hereby repealed in its entirety. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed, effective as of the date of posting hereof. Section 2 That certain document titled "Zoning Ordinance, Appendix A - Use Descriptions", a copy of which is attached hereto as Exhibit "A" and which document was made a public record by Resolution R of the Town of Cave Creek, Arizona, is hereby referred to, adopted, and made a part of the Town of Cave Creek Zoning Ordinance as if fully set out in this Ordinance.

2 Section 3 f any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance or parts thereof. Section 4 Any person who violates any provision of this Ordinance, and any amendments thereto, shall be responsible for a Civil Code infraction, punishable as provided in the Cave Creek Town Code, Title 1, Chapter 10, Section 10.99(A). Each day of continued violation shall be a separate offense, punishable as described. Section 5 The Town Clerk is hereby directed to publish this adopting ordinance in full. Section 6 That this Ordinance will become effective thirty (30) days after its adoption. SEE EXHBT A PASSED AND ADOPTED by the Mayor and Town Council of the Town of Cave Creek, this/ day of, Vincent Fra*i$, Mayor ATTEST: APPROVED AS TO FORM: rn,.,, Yly{ur Marlene A. Pontrelli, Town Attorney U:\ATTORNEYS\CLM\FORMS-RESOLUTONS AND ORDNANCES\ORDNANCE NO draft ( 2).doc 2

3 ^1zo" Sc-TT`FDH* jn(z i ATED:Y6f APPENDX A - Exhibit A The uses listed in the following tables are permitted in the following non-residential zones, subject to the general provisions, special conditions, additional restrictions, and exceptions as stated in this Ordinance. The abbreviations used in the tables have the following meanings: S = Uses permitted that require at a minimum a Site Plan approval prior to the development or occupancy of the site or building. SUP = Uses permitted only through Special Use Permit approval. AU = Allowed Use - Administrative Site Plan Approval required. - = Uses not permitted in the zoning district indicated. ADULT BUSNESS SUP SUP AGRCULTURE & NATURAL RESOURCES On-site retail sales of off-site produced seasonal goods S S S Plant nurseries and g reenhouses S S S ANMAL RELATED SERVCES & ENTERPRSES Feed stores SUP S S Pet stores SUP S S Animal arenas, commercial stables, equestrian center SUP SUP SUP Veterinarians, animal hospitals & clinics SUP S S ANTENNAS & TOWERS Public & commercial communication towers & transmitters over 30 feet in height SUP SUP SUP Antennas, owned & ope rated by FCC licensed member of amateur radio service SUP SUP SUP Satellite dish & all other antennas S S S Amended by Ordinance No on Page 1 of 4

4 S1 rtlfd &D KLRPXATFD 1986 ASSEMBLNG, PROCESSNG, ANALYZNG, MANUFACTURNG, PACKAGNG, CREATNG, TREATNG, & RENOVATNG GOODS, MERCHANDSE, FOOD, PRODUCTS & EQUPMENT: Maori volume of business done with walk-in trade SUP S S Majority volume of business not done with walk - in trade SUP S S Operations conducted p artially or wholl y outdoors SUP S S Assemblin g of munitions and fireworks - SUP EATNG & DRNKNG ESTABLSHMENTS Delicatessen, bake shop, candy shop & sales of other prepared food products S S S All other restaurants & eating establishments S S S Taverns, bars, and nightclubs - S S SUP EDUCATONAL & RELGOUS Schools: Primary, elementa ry, & secondary school S S SUP Trade schools S S SUP Business or vocational schools S S SUP Churches, s ynagog ues & temples S S SUP Art studios, galleries, & centers, fine arts conservatories, music schools, dance S S SUP studios, & similar cultural uses Libraries, museums S S SUP Fraternal clubs & lodges, union halls S S SUP ESTABLSHMENTS WTH DRVE-UP WNDOWS S OFFCES, SERVCES & RESEARCH Offices intended to attract & serve customers or clients on premises S S S PARKNG LOTS Off-site parking lots for commercial uses AU AU AU PUBLC & QUAS-PUBLC USES Emergenc y services S S S Government offices S S S Temporary staging areas for public works construction projects AU AU AU Town Owned Utility Services AU AU AU Amended by Ordinance No on Page 2 of 4

5 'r^ AVE CRE 7Jr Sm L WC JCARPQUTFD1566 RECREATON, ENTERTANMENT, PUBLC ASSEMBLY: Activities Conducted Primarily ndoors Bowling alleys, skating rinks, pool halls SUP S S ndoor racquet sports clubs, spas, athletic, exercise, & health clubs and SUP S S similar facilities Youth clubs, senior centers, community centers SUP S S Theaters SUP S S Games, amusements, arcades SUP S S ndoor gun clubs, archery ranges and paintball facilities SUP S S RECREATON, ENTERTANMENT, PUBLC ASSEMBLY: Activities Conducted Primarily Outdoors Miniature golf and skateboard parks - SUP S RESDENTAL: Single Residence Single residence detached, one dwelling per lot AU RESDENTAL: Multiple Residence Multiple Residential Uses S - - RESDENTAL: Homes & nstitutions Providing Special Services, Treatment, Or Supervision Child care home S - Child care institution ( i.e.; day care, pre-school, nursery, kindergarten) S S SUP Elder care home S S SUP Group care home S S SUP RESDENTAL: Miscellaneous Rooms For Rent Situations Bed & Breakfast S S S Hotels, Motels & Resorts S S S Amended by Ordinance No on Page 3 of 4

6 SALES, RENTAL & SERVCNG OF GOODS, MERCHANDSE & EQUPMENT: Retail sales SUP S S Miscellaneous rental merchandise & eq uipment SUP S S Servicin g of goods, merchandise & eq ui pment SUP S S Personal services S S S Servicing of appliances, furniture, lawn & garden, mechanical and heating & SUP S S cooling equi pment or merchandise Services offered prinmaril off-site SUP S S STORAGE & WAREHOUSNG All storag e located in comp letel y enclosed structures - - S Outdoor Storag e or Combination of ndoor & Outdoor Stora ge - SUP Mini-warehouses/self -service storag e facilities - - S TRANSPORTATON Taxi service, Trolleys, Horse-drawn Carriages or other similar transportation SUP S S services VEHCLE SALES, RENTAL & SERVCNG OF GOODS, MERCHANDSE & EQUPMENT New and Used sales and rentals, including servicing - SUP S Parts & accessories sales which may include installation services SUP S Service, minor re pair & detail shops - SUP S Automobile-oriented fuel sales with or without accessory service bays or - SUP S accessory convenience sales Car washes - SUP S Paint & body work & major re pair (e.g. frame straightening, engine rebuilding) SUP S Amended by Ordinance No on Page 4 of 4