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Construction equipment and material storage for projects in public rights-of-way and easements may be allowed in any zoning district, except the Open Space Recreational Zoning District, with an encroachment permit issued by the Town Engineer. At a minimum, the following regulations are placed upon any such use:

A. No outdoor lighting shall be permitted in residentially zoned areas. Any outdoor lighting in commercial or industrial zoned areas shall be placed so as to reflect light away from any adjoining residential uses.

B. The construction equipment and storage yards shall be enclosed by a view obscuring fence at least six (6) feet and not more than eight (8) feet in height to provide effective site screening from adjoining properties. Fencing materials that obscure at least ninety-five (95%) percent of wall plane of the fence are required.

C. The fence shall not encroach into the required front yard or street side yard areas of the lot or parcel.

D. There shall be no automobile parking, equipment parking, or material storage outside of the fenced area.

E. All employee parking shall be within the approved fenced construction equipment and storage yard.

F. 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.

G. The storage yard must be surfaced with a dust free material approved by the Town Engineer.

H. All activities in the construction equipment and storage yard shall conform to the time limitations specified in Article 7-6 of the Town Code.

I. Only the areas which have a slope of less than fifteen percent (15%) and the percentage of the aggregate area with a slope of fifteen percent (15%) or greater that does not exceed the maximum lot coverage allowance as prescribed in the respective primary zoning district may be disturbed.

J. No site may be permitted for more than six (6) months.

K. Vegetation shall be reestablished on all exposed fill slopes, cut slopes, and graded surfaces by means of a mixture of grasses, shrubs, trees or cacti to provide a basic ground cover which will prevent erosion and permit natural revegetation upon removal of the construction equipment and storage yard activity. Revegetation plans must be submitted to and approved by the Town of Fountain Hills prior to the granting of the encroachment permit. Revegetation of cut and fill slopes shall be done in such fashion as to restore those graded slopes to an appearance approximating, as closely as possible, their natural state. Indigenous plant materials or low water usage shrubs, trees and grasses must be used.