Fountain Hills Declaration of Reservations
C-3 ZONE:  GENERAL COMMERCIAL

The following regulations shall apply in the C-3 zone unless otherwise provided in this Declaration of Reservations:

  1. Uses Permitted
    A building or premises shall be used for only the following purposes:

    1. Stores, shops, and premises for conduct of the following types of general retail business:

      1. Any permitted in the "C-1" zone of this Declaration of Reservations as regulated and unless otherwise regulated in this C-3 zone.

      2. Art and ornamental iron shops.

      3. Boat sales.

      4. Catering establishments.

      5. Cabinet and carpenter shops.

      6. Electrical shops.

      7. Equipment rentals and sales, but not including equipment customarily used for heavy construction.

      8. Feed stores.

      9. Frozen food lockers.

      10. Hospitals and clinics for animals, provided that animals are not boarded or lodged other than those being treated, open kennels are not maintained, and facilities for overnight treatment are in a soundproof room.

      11. Ice distributing stations.

      12. Laboratories, medical and dental.

      13. Lumber yards, not including milling and planing operations.

      14. Nurseries, flower and plant sales, provided all incidental equipment and supplies, including fertilizer and empty cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid fence or wall at least six (6) feet in height, and no goods, material, or objects are stacked higher than the fence or wall so erected.

      15. Plumbing shops.

      16. Printing, lithography, and publishing establishments.

      17. Retail stores.

      18. Taxidermists.

      19. Tinsmith shops.

      20. Upholstery shops.

      21. Wholesale stores.

      22. Accessory buildings necessary incidental to the above uses.

    2. Such other types of businesses including Service Stations shall be permitted where in the sole opinion of the Committee such businesses are compatible with the above uses and with the other businesses conducted or planned for the immediately adjacent zones.
    3. The operations from such stores, shops, or businesses shall be conducted entirely within an enclosed building.
    4. Unless otherwise restricted by other Unit Declaration of Reservations, the top level of commercial buildings may be designed to provide for residential occupancy, including single-family, two-family, and multi-family dwellings and boarding and lodging houses.  Each dwelling unit shall contain its own sanitary facilities and have a minimum living area of six hundred (600) square feet exclusive of patios and covered porches.  This type of use is permitted where in the sole opinion of the Committee of Architecture such use is compatible with other uses conducted and planned for this zone and immediately adjacent zones.
  2. Height Regulations
     The maximum height of buildings shall not exceed forty (40) feet or three stories.

  3. Yard regulations
    Yards are not required except as follows:

    1. Front Yard
      Where the frontage between two (2) intersecting street is located partly in the "C-3" zoning district and partly in a rural or residential zoning district, there shall be a front yard equal to  the front yard required in the adjoining rural or residential zoning district, but such yard need not exceed twenty-five (25) feet in depth.

    2. Side Yard

      1. If a lot is occupied by a dwelling, there shall be a side yard on each side of the dwelling having a width of not less than five (5) feet.

      2. Where a lot is adjacent to a rural or residential zoning district, there shall be a side yard on the side of the lot adjacent to  such rural or residential zoning district having a width of not less than five (5) feet.

      3. Where a corner lot abuts a rural or residential zoning district whether or not separated by an alley, there shall be a side yard on the street side of such corner lot having a width of not less than ten (10) feet.

      4. If a side yard is otherwise provided, it shall have a width of not less than three (3) feet.

    3. Rear Yard

      1. If a lot is occupied by a dwelling, there shall be a rear yard having a depth of not less than twenty five (25) feet.

      2. Where a lot abuts a rural or residential zoning district, whether or not separated by an alley, there shall be a rear yard having a depth of not less than twenty five (25) feet.

  4. Intensity of Use Regulations
    The intensity of use regulations are as follows:

    1. Lot Area
      Any lot used for dwelling purposes shall have a minimum lot area of six thousand (6,000) square feet.

    2. Lot Width
      Any lot used for dwelling purposes shall have a minimum width of sixty (60) feet.

    3. Lot Area Per Dwelling Unit
      The minimum lot area per dwelling unit shall be one thousand (1,000) square feet.

    4. Lot Coverage
      The maximum lot coverage shall be fifty (50%) per cent of the lot area.

  5. Paving Regulations
    The paving regulations are as provided in the General Land Use Regulations for all zones set forth within this Declaration of Reservations.

  6. Loading and Unloading Regulations

    1. Loading and Unloading for Commercial Buildings
      For all commercial buildings there shall be provided one (1) loading and unloading space for each twenty-five thousand (25,000) square feet of floor area, or fraction thereof, devoted to such use in the building.

    2. Location of Required Loading and Unloading Spaces
      The required loading and unloading spaces shall, in all cases, be on the same lot as the use they are intended to serve.  In no case shall required loading and unloading spaces be part of the area used to  satisfy the parking requirements.  They shall not be located on the street side of a parcel or lot, not on the side of a lot or parcel generally used by the public.

  7. Additional Regulations
    The additional regulations are as follows:

    1. Any use, including incidental or accessory storage, not within a completely enclosed building shall be screened from adjoining rural or residential zoning district by a solid fence or wall at least six (6) feet in height.

    2. Any lighting shall be placed so as to reflect the light away from adjoining rural or residential zoning districts.

  8. Subdivision of Lots
    No lot or parcel of land shall be divided into smaller lots or parcels whether for lease, sale, or rental purposes, provided that variations may be granted by the Committee of Architecture in accordance with provisions of this Declaration of Reservations and in compliance with any local, county, or state regulations.