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A. Day Care Center for the Care of More Than Five (5) People: A day care center for the care of more than five (5) people is permitted by temporary use permit only. A day care center for the care of more than five (5) people may be operated in Single-Family Residential Zoning Districts with the following minimal stipulations:

1. The Day Care Operator must reside in the house. If a nonresidential facility is legally used for another purpose, such as a church building, this requirement may be waived.

2. No more than ten (10) nonresidents may be cared for in a residential structure.

3. Only one (1) nonresident employee may be allowed and one (1) additional on-site parking space shall be required for this employee.

4. One nontandem parking space shall be required for each five (5) persons, or fraction thereof, allowed in the day care center.

5. Reserved

6. Only one sign not to exceed two (2) square feet in size and mounted flatly on the wall of the residence shall be permitted.

7. The play yard must be fenced with a minimum five (5) foot high fence.

8. No playground equipment, ornamental figures, or designs denoting a Day Care Center shall be allowed in front of the front plane of the principal building.

9. Any Day Care Center with a swimming pool or other applicable body of water as defined in Section 5.09(D) of this Ordinance must meet the requirements for a pool enclosure described in that Section.

10. Any Day Care Center, which cares for more than five people, shall be required to have a valid Fountain Hills Business License and be licensed by the State of Arizona.

B. Bed and Breakfast: Bed and Breakfast operations may be permitted in Single-Family Residential zones by Temporary Use Permit only. At a minimum, the following standards shall apply:

1. No more than two bedrooms per residence may be used for the business.

2. No more than two persons per room.

3. One off-street, nontandem parking space per bedroom.

C. Model Homes: Model Homes may be permitted in a single-family residential area by Temporary Use Permit only. In the review for a model home, the staff may consider lighting, landscaping, hours of operation, signage, parking, duration, and neighborhood impact. At a minimum, the following standards shall apply:

1. On-site sales personnel must be present at least five days a week during normal business hours. In no case shall a model home be open before 7:00 A.M. or after 9:00 P.M.

2. The model home shall be for the purpose of marketing the construction of custom or tract homes with a given product line in Fountain Hills. A model home may not be used as an office for the marketing of developed property, or the marketing of property outside of Fountain Hills.

3. An off-street parking stall for each person stationed on site, plus two spaces shall be provided. Parking lots for model homes may be located on an adjacent lot owned by the owner of the model home.

D. Master-Planned Village Sales and Information Center: The developer of a master-planned village may operate a master-planned village sales and information center within a residentially zoned area by temporary use permit only. In the review for a master-planned village sales and information center temporary use permit, the staff may consider lighting, landscaping, hours of operation, signage, parking, duration, and neighborhood impact. At a minimum, the following standards shall apply:

1. On-site sales personnel must be present at least five (5) days a week during normal business hours. In no case shall the center be open before 7:00 A.M. or after 9:00 P.M.

2. The center shall be for the purpose of marketing the specific master-planned village, the sale of lots in the master-planned village and the distribution of material concerning the attributes of the Town and surrounding areas. The office may not be used as an office for the sales of houses, the resale of lots, subdivisions with model homes, or property outside of the master-planned village. The sale of country club memberships within the master-planned village is permitted as an accessory use only if the master-planned village has such a country club.

3. There shall be at least twenty (20) off-street parking stalls provided.

4. The center must be a permanent structure that meets the adopted building codes of the Town.

5. There shall be no more than one such center in the master-planned village.

6. The center shall be removed upon termination of the temporary use permit or the completion of the master developer's marketing activities, whichever comes first.

7. Signage shall in conformance with Chapter 6, Section 6.07 of this ordinance.

8. There shall be a landscape buffer of at least one-hundred-fifty (150) feet between the sales and information center and any occupied residential structures.

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 (1) plant for each twenty (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 (5) gallon plants. The approval of the above mixture of landscape materials shall be by the Zoning Administrator with appeal to the Planning and Zoning Commission.

a. An automatic irrigation system shall be provided and maintained to all landscaped areas requiring water.

b. 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.

E. Swim School: Swim schools may be permitted in residential zones by temporary use permit only. At a minimum, the following standards shall apply:

1. The swim school shall operate from a single-family dwelling unit. The operation of the swim school shall not change the residential character of the dwelling unit.

2. All employees of the swim school shall be members of the immediate family residing in the dwelling unit where the swim school is being operated, except that one employee may be a nonresident.

3. The area used for a swim school shall not exceed (a) thirty (30) percent of the area of the rear yard and (b) twenty-five (25) percent of the gross floor area of the dwelling.

4. Customer trip generation shall not exceed twenty (20) trips a day.

5. No signs identifying the business or any commercial project or service are allowed.

6. Any pool used for a swim school shall be fenced in accordance with subsection 5.09(D) of this ordinance, as may be amended from time to time.

7. Other related activities, including, but not limited to, pool parties and aerobics instruction, are not allowed. (18-15, Amended, 01/15/2019)