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HomeMy WebLinkAboutOrd. 24-10ORDINANCE NO. 24-10 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS ZONING ORDNANCE BY AMENDING SECTION 1.12, DEFINTIONS, AND SECTION 5.06 D, PROJECTIONS OVER AND INTO REQUIRED YARDS, BY ADDING A PROVISION FOR PATIO COVERS TO ENCROACH INTO A FRONT OR STREET SIDE YARDS ENACTMENTS: NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That Chapter 1, Introduction, Section 1.12 is hereby amended to include the following definitions: Patio: A surfaced area directly adjacent to a principal building at or within three (3) feet of the finished grade intended for outdoor lounging, dining, or other passive outdoor activities. Patios may be open or enclosed. Patio Cover: A solid or open roof structure covering a patio. Patio covers may be attached or detached to another structure. SECTION 2. That Chapter 5, General Provisions, Section 5.06 D is hereby amended to add a new 4.. 4. Patio covers may project into a required front yard or street side yard consistent with the following: a. Requires approval of a Special Use Permit as provided in Section 2.02 of the Zoning Ordinance except notice shall be sent only to adjacent property owners along the street and across the street from where the patio cover will be constructed, and the fee shall be one - tenth (1/10) of the adopted Special Use Permit fee. b. The patio cover: i. May extend into the setback one-half ('/2) of the required setback, up to fifteen (15) feet; ii. Maximum height shall be as approved by the Town Council, but may not exceed (12) feet in height; and, iii. Support structures holding up the cover within the setback may not exceed twenty (20) percent of the width of the side of the patio and shall be designed to maintain an open view along the street and not create a sight obstruction. c. The patio: i. May not be enclosed; and ii. May not be used as a carport, garage, or storage. SECTION 3. In accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the laws of the State of Arizona, the City/Town Council has considered the individual property rights and personal liberties of the residents of the City/Town and the probable impact of the proposed ordinance on the cost to construct housing for sale or rent before adopting this ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Maricopa County, Arizona, this 18`h day of June 2024. FOR THE TOWN OF FOUNTAIN HILLS: `l, p icliAj______ ATTESTED TO: i Ginn �lrb ck Mayor yor inda Mendenhall, Town Clerk REVIEWED BY: APPROVED AS TO FORM: )4'—. Ct"\— Rachael Goodwijt'wn Manager Aaron D. Arnson, Town Attorney