HomeMy WebLinkAboutOrd 1993-05ORDINANCE 93-05
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEXT OF THE ZONING
ORDINANCE OF THE TOWN OF FOUNTAIN HILLS PURSUANT TO ARTICLE
XXXI OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS,
BY REVISING ARTICLE XXIV HILLSIDE DEVELOPMENT STANDARDS AND
ADDING LAND DISTURBANCE STANDARDS.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. Article XXXI, Section 31.1 of the Zoning Ordinance for the Town of Fountain
Hills authorizes amendments to the Zoning Ordinance. The Zoning Ordinance of
the Town of Fountain Hills is hereby amended by revising Article XXIV, Hillside
Development Standards as follows:
ARTICLE XXIV. HILLSIDE DEVELOPMENT STANDARDS
24.1 Purpose. The principal purpose of the hillside development
standards is to allow the reasonable use and development of hillside areas
® while promoting the public health, safety, convenience and general welfare
of the citizens of the Town of Fountain Hills and maintaining the
character, identity, and image of hillside areas. The primary objectives of
the hillside development standards are: To minimize the possible loss of
life and property through the careful regulation of development; to protect
watershed, natural waterways, and to minimize soil erosion; to ensure that
all new development is free from adverse drainage conditions; to
encourage the preservation of the existing landscape by maximum retention
of natural topographic features; to minimize the scarring of hillside
construction.
24.2 General Provisions.
(1) Grading on land where no structures are involved and
having a natural slope of fifteen (15%) percent or greater shall be
subject to the regulations set forth in Sections 24.2 through 24.4 of
this Article.
(2) The issuance of grading permits, hillside development plan
approvals, or other approvals of improvement work on any real
property, subject to the regulations in this Article, shall not be
conditioned on altering, modifying or not utilizing existing grading,
construction or other improvements on such real property to
conform to the regulations in this Article if such existing grading,
Q(lbIiskFJ- V.�. I'lm`s QLD*&. =)-D`I,3-3-93
® construction or other improvement was completed in conformance
with valid permits, issued prior to the adoption of this provision.
(3) The importation of fill material to a lot is prohibited unless
a grading permit allowing such fill is fust secured.
24.3 Development Standards. Development standards shall apply only
to development on those portions of a property having a natural slope of
fifteen (15%) percent or greater. For purposes of this section grading shall
be defined as any excavation or filling or combination thereof.
(1) Grading and Drainage Requirement: There shall be no
grading on or to any site other than percolation test borings (100
square feet maximum in size) prior to the issuance of a Zoning
Clearance and prior to the issuance of a grading permit.
(a) In all rural and residential zoning districts the extent
of grading on that portion of a lot which has a natural slope
of fifteen (15%) percent or greater, shall be limited to a
total area not to exceed the lot coverage limitations of the
® zoning district.
(b) Drainage: The entrance and exit points and
continuity of all natural drainage channels on a hillside site
shall be preserved.
(c) All cut and fill slopes shall be completely contained
by retaining walls or by substitute materials acceptable
under the provisions of the Uniform Building Code
(including riprap materials) except for:
(1) The minimum amount of swale grading
necessary for drainage purposes; or,
(2) Pursuant to the requirements as listed in
Section 24.3 (2) and(3).
(2) Retaining Wall Requirements:
® (a) For the purpose of this provision, a retaining wall is
a wall or terraced combination of walls used to retain earth
® but not supporting a wall of a building.
(b) The height of a retaining wall is as measured from
low side natural grade to the top of the wall, whether the
top is retaining earth or not. Open railings on top of
retaining walls are not included in height measurements.
The height of the retaining wall shall be included in the
permitted building height if the face of the building is
within fifteen (15) feet of the retaining wall.
(c) The average height of a retaining wall shall be
computed by taking the total vertical surface area of the
wall above grade and dividing it by its length.
(d) The maximum height and average height of a
retaining wall shall not exceed the following:
AVERAGE SLOPE AT BUILDING* -% 15-20 25-30 30-35 35 & Over
Maximum Height (feet) 10 13 13 18
Average Height (feet) 6 8 9 11
® * As determined by averaging percentage of slopes shown on sections through building or site
plan submittal.
(e) The finished surfaces of any retaining wall shall
blend into the natural setting.
(3) Slone Stabilization and Restoration:
(a) Vegetation shall be reestablished on all exposed fill slopes,
cut slopes, and graded areas 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. In lieu of the
reestablishment of vegetation, all exposed cut slopes shall be
riprapped with stone or chemically stain treated with material
which blend in with the natural setting.
(b) Slope stabilization can be required if necessary as set forth
in Chapter 70 of the Uniform Building Code.
24.4 Procedural Regulations.
(1) Prior to the issuance of a Zoning Clearance or subdivision approval,
a Plan of Development shall be submitted to and approved by the Planning
® and Zoning Commission for all uses.
(a) The Plan of Development shall be referred to the Planning
® and Zoning Commission upon report and recommendation from the
Director and other town departments, and shall include those items
which are required to obtain a Zoning Clearance as identified
herein.
(b) The approval of the Plan of Development by the Planning
and Zoning Commission may include reasonable additional
requirements as to grading, cut and fill, slope restoration, signs,
vehicular ingress and egress, parking, lighting, setbacks of
buildings, etc., to the extent that the noted purpose and objectives
of this Article are maintained and ensured.
(2) In addition to the otherwise noted procedural and information
requirements of this provision, all applications for a Zoning Clearance or
subdivision approval.on those portions of properties having a natural slope
of fifteen (15%) percent or greater (including single-family residential
uses) shall contain the following materials and information:
(a) Site Plan.
® 1. Contour interval not exceeding five (5) foot
intervals.
2. Site plan must be submitted on/or along with
a topographic survey prepared by a civil engineer or
registered land surveyor.
3. Scale of the site plan shall be not less than
1"-20'-0".
4. Dot in all disturbed (or graded) areas and
show the proposed method of final treatment. Dash
in all retaining walls, showing the amount allowed
(per regulations) and amount used.
5. Show how drainage is altered, and if so, how
it is redirected to original channel and show that the
requirements regarding storm water runoff and
drainage have been met.
6. Show location of all proposed utility lines.
® 7. Give legal description, property dimensions
and heading, name, address and telephone number
of submitter.
® (b) Elevations.
24.5 Land Disturbance Standards.
A. Clearing, Grubbing, Grading, Excavating, and Filling -
Definitions.
1. "Disturbance" means clearing, grubbing, grading,
excavation and/or filling.
2. "Clearing" is defined as consisting of the removal
and disposal of all obstructions such as fences,
walls, foundations, buildings, accumulations of
rubbish of whatever nature and existing structures.
Included in this definition are cacti, trees, shrubs,
brush, grass, weeds, and other vegetation.
3. "Grubbing' is defined as the elimination of roots
® from the ground by digging or pulling.
4. "Grading' is defined as the process of changing
gradients of existing land by contouring, smoothing
or otherwise shaping land areas.
5. "Excavation" is defined as the removal and disposal
of all materials taken from the ground for the
purposes of installing nonnatural facilities.
6. "Filling' is defined as the process of dumping dirt,
sand, rock or other material excavated from the
earth.
B. General Provisions.
1. Except as exempted in the adopted Uniform
Building Code, the importation of fill material to a
lot is prohibited unless a grading permit allowing
such fill is first secured.
2. Where the natural grade is less than a fifteen (15)
® percent gradient, the maximum amount of
unretained fill or cut shall be four (4) feet above the
® natural grade. The horizontal displacement of any
fill or cut embankment shall not, be more than
twelve (12) feet from the top of slope. Where
natural grade has a gradient of fifteen (15) percent
or more, the maximum amount of unretained fill or
cut, shall be six (6) feet above natural grade. The
horizontal displacement shall not be more than
eighteen (18) feet from the top of slope. Any fill or
cut grading in excess of these amounts must be
contained by retaining walls.
3. Prior to the exportation of any material from a site,
a proper location for such material must be
identified prior to securing a grading permit to
remove such material.
4. Any unretained fill slope, if allowed, shall have a
minimum two (2) feet horizontal to every one (1)
foot vertical fill.
5. Any fill grading shall have an irregular and
® contoured edge that blends into the natural
surrounding terrain.
6. Exposed cut slopes are limited to six (6) feet in
height adjacent to side and rear property lines and
may be no steeper than three (3) feet horizontal for
every one (1) foot vertical.
7. 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
as well as decomposed granite in a color
approximating the native soils to dress the scarred
area. An irrigation system, for the initial period to
re-establish the vegetation, shall be carefully
designed to avoid overspray or runoff onto the
natural area, must also be installed to maintain the
revegetation until it has become established. Upon
completion of construction, any natural area
disturbed by the construction activity shall be
® revegetated with indigenous plants to match the
adjacent natural area. This revegetation process shall
be completed with 180 days of completion of
® grading unless a specific exemption is granted by
the Community Development Director. However,
grading for drainage and erosion control purposes
shall be completed prior to final inspection.
8. A building permit shall not be conditioned on
altering, modifying or not utilizing existing grading,
if the existing grading work was completed in
conformance with valid permits, and does not
present a threat or danger to the proposed
development or neighboring properties. This
provision does not prevent the Town Engineer from
requiring necessary documentation of site suitability
to assure soil stability, compaction, and other
geotechnical purposes.
C. Special Use Permit Required. A special use permit shall
be required for any person, firm or corporation to undertake
or cause clearing or grubbing or any work regulated by
Chapter 70 of the Uniform Building Code when not in
accordance with a plan of development as approved by the
® Community Development Department.
D. Height Regulations. The height of all structure shall not
exceed the maximum height regulations of the primary
zoning district from original natural grade through any
building cross section, measured vertically at any point
along that cross section from original natural grade. Native
grade elevation shall not include isolated topographical
features, such as pits, hills, rock outcroppings, etc. that are
less than 500 square feet in size.
E. _ Other Regulations. The yard, intensity, of use, parking,
loading and unloading, and additional regulations which
apply to property in any zoning district to which land
disturbance standards apply shall remain the same as
specked in the primary zoning district unless otherwise
specified herein.
F. Development Standards. Development standards shall
apply to all portions of a lot or parcel. For purposes of this
section development shall be defined as any disturbance of
the lot or parcel.
G. Grading and Drainage Requirements: There shall be no
is grading on or to any site other than percolation and test
borings (100 square feet maximum in size) prior to the
issuance of a Zoning Clearance and a Building (grading)
Permit.
1. In all residential zoning districts the extent of
disturbance on a lot or parcel existing on January 1,
1992 (including the pad for the pimarysi=uctue;
house) shall be limited to four (4) times the size of
the footprint of the piimay.astrucnire house.
Footprint means that area of the primary structure
house measured from the outside walls (excluding
any overhanging portions) which includes indoor
uses such as attached garage, carport, utility room,
laundry, etc. .(including covered patios and
breezeways which are an integral part of the roof
structure of the prunary' €;°structure house).
Notwithstanding the above limitations, at no time
shall any lot or parcel be restricted to less than
12,000 square feet of disturbance, unless limited by
the size of the lot itself. Furthermore, if after
® computing the allowed area of disturbance the
residual area of the lot or parcel is less than 6,000
square feet, then that residual may also be included
in the allowable area of disturbance.
2. Except for the minimum amount of Swale grading
necessary for drainage purposes, all cut and fill
slopes shall be completely contained by retaining
walls or by substitute materials acceptable under the
provisions of the Uniform Building Code (including
riprap materials).
3. Utility lines shall be located underground. If utility
lines must be placed outside of the allowed
disturbance area, the disturbed lands shall be
restored to the original grade and revegetated with
vegetation indigenous to the area.
4. Drainage: The entrance and exit points and
continuity of all natural drainage channels on a
disturbance site shall be preserved.
0 H. Retaining Wall Requirements:
1. For the purpose of this provision, a retaining wall is
® a wall or terraced combination of walls to retain
earth but not supporting a wall of a building.
2. The height of a retaining wall is measured from the
low side of the natural grade to the top of the wall,
whether the top is retaining earth or not. Railings
with at least fifty (50) percent openness on top of
retaining walls are not included in retaining wall
height restrictions but are restricted by the fence
height restrictions. If the face of a building is
within fifteen (15) feet of a retaining wall, the
height of the retaining wall shall be included in the
building height calculation and the combination of
the retaining wall height and building height shall
not exceed the maximum -building height limitation.
3. The average height of a retaining wall shall be
computed by taking the total vertical surface area of
the wall above grade and dividing it by its length.
4. The finished surfaces of any retaining wall shall
® blend into the natural setting.
5. The maximum height and average height of a
retaining wall shall not exceed the following:
Average Slope at Building*
- % 15-25
25-30
30+
Maximum Height (feet)
10
13
13
Average Height (feet)
6
8
9
* As determined by averaging the percentage of slopes
shown on sections through building on site plan submittal.
I. Procedural Regulations.
1. Prior to the issuance of a Zoning Clearance, a Plan
of Development shall be submitted to and approved
by the Community Development Department. The
approval of the Plan of Development by the
Community Development Department may include
® reasonable additional requirements as to grading, cut
and fill, slope restoration, signs, vehicular ingress
and egress, parking, lighting, setbacks of buildings,
® etc., to the extent that the noted purpose and
objectives of this Chapter are maintained and
ensured.
2. In addition to the otherwise noted procedural and
information requirements of this provision, all
applications for a Zoning Clearance shall contain the
following materials and information:
a. Site Plan; pteparedNy`an__Aiizona'reaisfeied
I"ant 'st%rveyoi`;oi _ Arizonz re gisieiOTci16zl
engingg-.. wit1r the following information::
{1) a topographic�survey;aYleastaeri(1¢}
feet beyond the exteiior property iute
' of'tfie:aiie�
(2) Contour interval not exceeding two
(2) feet within twenty (20) feet of
any proposed improvement and five
(5) foot intervals for the remainder of
® the lot or parcel.
(3) Scale of the site plan shall be not
less than 1"-20'-0". For large scale
projects, the Community
Development Director may allow a
different scale.
(4) At all structures show sections
through site and building at 25'0"
intervals perpendicular to slope,
giving percentage of slope at each,
and showing exact heights of
structures at each existing contour.
(5) Each floor level shall be shown with
different shading with a legend
giving grade or elevation of each
level.
(6) Give proposed elevation or grade at.
garage floor and at existing street
® level at drive entry. Give percentage
of total average slope, and percent
and length of single steepest portion
of driveway.
(7) List the individual square footage of
buildings, garages, patios, footprint,
disturbance area and, if applicable,
pool.
(8) Dot in all disturbed (or graded) areas
and show the proposed method of
final treatment. Dash in all retaining
walls, showing the amount allowed
(per regulations) and amount used.
(9) Show how drainage is altered, and if
so, how it is redirected to original
channel and show that the
requirements regarding storm water
runoff and drainage have been met.
(10) Show location of all proposed utility
lines.
(11) Give legal description, property
dimensions and heading, along with
the name, address, and telephone
number of submitter.
b. Elevations.
(1) Show all exterior elevations, giving
accurate existing and proposed grade
lines (Scale 1/4"-1'-0").
(2) Show total height of buildings and
give height and square footage of all
retaining walls.
n
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PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this I r-t"k day of P bA-L&4,-j , 1993.
FOR THE TOWN OF FOUNTAIN HILLS:
L� r X-" -, �-
Jo . Cudno, , Mayor
REVIEWED BY:
Paul L. Nordin, Town Manager
ATTESTED TO:
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
L�'L
William E. Farrell, Town Attorney