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.

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: