HomeMy WebLinkAboutOrd 2017-08ORDINANCE 17-08
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS
ZONING ORDINANCE RELATING TO CANYON -SIDE LOTS, BY ADDING
A NEW SECTION 5. 10, CANYON -SIDE LOT REGULATIONS, AMENDING
SECTION 1.12, DEFINITIONS, AND MODIFYING THE SINGLE FAMILY
ZONING DISTRICT DENSITY, AREA, BUILDING AND YARD
REGULATIONS CHART IN SECTION 10.09.
WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22 on
November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the
"Zoning Ordinance"); and
WHEREAS, the Mayor and Council of the Town (the "Town Council") has (i)
determined it is in the best interests of the Town to provide alternative regulations for
development on steep (in excess of 30% slope) residential lots in Fountain Hills and (ii) desires
to amend the Zoning Ordinance to add requirements for applying the alternative regulations for
development on such lots; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
§ 9-462.04, public hearings were advertised in the July 19, 2017, and July 26, 2017, editions of
the Times of Fountain Hills; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on August 10, 2017, and by the Town Council on September 5, 2017.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Fountain Hills Zoning Ordinance Chapter 5 (General Provisions), is
hereby amended by adding a new Section 5.10 (Canyon -Side Lot Regulations), to read as
follows:
Section 5.10 Canyon -Side Lot Regulations
For Canyon -Side Lots, the alternate development standards set forth in this Section may be
utilized, provided all other residential development regulations and requirements as set forth in
both the Town of Fountain Hills Zoning Ordinance and Fountain Hills Subdivision Ordinance
are met.
A. Qualifying Lots. Alternative development standards set forth in 5.10(B) below may be
utilized if a Canyon -Side Lot is located on the downhill side of the right-of-way on which
it has legal frontage or access. The downhill side shall be calculated as an overall
average grade change of the lot measured from an imaginary line created by a horizontal
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extension of the roadway top of curb extending to the rear of the house footprint that is
equal to or greater than 30 percent.
B. Alternative Standards. The following alternative standards may apply:
1. The height of structures shall be determined by the following two (2) sub-
sections:
a. The height of a building or structure is limited to a thirty (30) foot
imaginary plane that parallels the existing pre -development natural grade,
as measured vertically from any point under the building (see detail
below). The subterranean portion of the structure is not included in the
total height calculation provided that at least one-half (Y2) of the volume of
the subterranean portion of the structure is below natural grade.
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BUILDING FOOTPRINT
b. The maximum overall height of the building or structure, not including
chimneys, shall not exceed fifty (50) feet from the highest point of the
building to natural grade at the lowest point adjacent to the building
structure or column (see detail in 5.10 (B)(1)(a) above).
2. The front yard building setback may be reduced to ten (10) feet, provided all other
setback requirements of the Zoning Ordinance are met.
SECTION 3. The Fountain Hills Zoning Ordinance Chapter 1 (Introduction), Section
1.12 (Definitions), is hereby amended by adding a new definition for "Canyon -side Lot" and by
re -ordering the definitions for "Lot, Corner." "Lot, Interior," "Lot, Key" and "Lot, Through" to
read as follows:
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Lot: A single piece of property located in a recorded subdivision, having frontage on a
publicly dedicated and accepted street or an approved private road, which is described
and denoted as such.
A. Canyon -side Lot: Within a single-family residential zoning district, any lot or
parcel with slopes greater than 30% (1:3) as determined using the methods
described in Section 5.10 of this Zoning Ordinance.
B. Corner Lot: A lot that has an interior angle of one hundred thirty-five (135)
degrees or less at the intersection of two (2) street lines. A lot abutting upon a
curved street is considered a corner lot if the tangents to the curve at the points of
intersection of the side lot lines intersect at an interior angle of one hundred thirty-
five (135) degrees or less.
C. Interior Lot: A lot other than a corner lot.
D. Key Lot: A lot adjacent to a corner lot having its side lot line in common the rear
lot line of the corner lot and fronting on the street that forms the side boundary of
the corner lot.
E. Through Lot: A lot that has street right-of-way frontage on two non -adjoining
sides.
SECTION 4. The Fountain Hills Zoning Ordinance Chapter 10 (Single -Family
Residential Zoning Districts), Section 10.09 (Density, Area, Building and Yard Regulations) is
hereby amended by replacing the chart therein with the chart attached hereto as Exhibit A, and
incorporated herein by reference.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance.
SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and take all steps necessary to carry
out the purpose and intent of this Ordinance.
[SIGNATURES ON FOLLOWING PAGE]
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PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, September 5, 2017.
FOR THE TOWN OF FOUNTAIN HILLS
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da M. Ka nagh, Mayo
REVIEWED BY:
ut'4-�Nf'.
Grady E. Miller o Manager
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ATTESTED TO:
APPROVED AS TO FORM:
r')i' � ,
Andrew J. cGuire, Town Attorney
EXHIBIT A
TO
ORDINANCE 17-08
[Section 10.09 Chart]
See following pages.
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FOUNTAIN HILLS
ZONING ORDINANCE SUMMARY
SINGLE FAMILY DISTRICT
DISTRICT
AREA
(SQ. FEET)
WIDTH
(FEET)
BLDG
HEIGHT
(FEET) r
LOT
COVERAGE
DISTANCE
BETWEEN
BLDGS
(FEET)
MINIMUM YARD SETBACKS
FRONT
SIDE
STREET
SIDE
REAR
R 1-190
1907000
300
30
60
30
60 d
60
5%
6
RI -43
43,560
145
30
40
30
40 d
40
20%
6
R 1-35
35,000
145
30
40
20
20
40
200,,/o
6
R 1-35 H
35,000
145
30
20
20
20 d
40
20%
6
RI -18
18,000
120
30
20
10
20 d
30
25°10
6
RI -10
10,000
80
30
20
7
20 d
25
30%
6
RI -10A
101000
80 a
30
20
7
20 d
20
40%
6
RI -8
8,000
80
30
20
7
20 d
25
35%
6
RI -8A
8,000
808
30
20 b,d'e
7
20 d
20
40%
6
R 1-6
6,000
60
30
20
5
20 d
25
40%
6
RI -6A
6,000 c
60 a
30
20 b
5
20 d
10
50010
6
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a. FLAG LOTS PERMIT A 30 -FOOT WIDTH PROVIDED THERE ARE NO MORE THAN 2 FLAG LOTS ADJOINING
EACH OTHER.
b. A SIDE ENTRY GARAGE IS ALLOWED A 10 FEET SETBACK.
c. AN APPROVED P.U.D. PERMI'T'S LOTS NO SMALLER THAN 4,500 SQUARE FEET, PROVIDED THERE IS 1,500
SQUARE FEET OF USEABLE COMMON OPEN SPACE PER LOT OR A COMBINATION THEREOF. LOTS
LARGER THAN 4,500 SQUARE FEET MAY HAVE LESS THAN 1,500 SQUARE FEET OF COMMON USEABLE
OPEN SPACE PER LOT IF THE COMBINATION OF LOT SIZE AND THE COMMON USEABLE OPEN SPACE IS
AT LEAST 6,000 SQUARE FEET PER LOT.
d. OR BUILDING HEIGHT, WHICHEVER IS GREATER.
c. A GARAGE POSITIONED AT A 45 DEGREE ANGLE OR GREATER FROM THE FRONT PROPERTY LINE MUST
SETBACK AT LEAST 15 -FEET OR A GREATER LOT SIZE TO ENSURE CONSISTENCY WITH EXISTING
PLATTED LOTS IN THE IMMEDIATE VICINITY, AS CALCULATED PURSUANT TO SECTION 5.03.
f. LOTS ON WHICH THE HOUSE FOOTPRINT HAS AN AVERAGE NATURAL SLOPE IN EXCESS OF 30% ARE
PERMITTED TO UTILIZE THE MODIFIED FRONT SETBACK AND HEIGHT STANDARDS FOR CANYON -SIDE
LOT, AS DETERMINED PURSUANT TO SECTION 5.10.
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