HomeMy WebLinkAboutOrd 1996-47 TOWN OF FOUNTAIN HILLS
ORDINANCE #96-47
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 5 OF
THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY
AMENDING SECTION 5.11 LAND DISTURBANCE REQUIREMENTS,TO
ELIMINATE THE GUARANTEE OF A MINIMUM 12,000 SQUARE FEET
OF DISTURBANCE AND THE ALLOWANCE FOR TOTAL LOT
DISTURBANCE IF THE RESIDUAL OF THE LOT AREA IS LESS THAN
• 6,000 SQUARE FEET AFTER A "FOUR TIMES THE FOOTPRINT" LOT
CALCULATION IS MADE, PURSUANT TO CHAPTER 2, SECTION 2.01
OF ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS.
WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993,
which adopted the Zoning Ordinance for the Town of Fountain Hills, and;
WHEREAS, Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills,
provides for a procedure to amend said ordinance, and;
WHEREAS, The Town of Fountain Hills desires to amend its land disturbance requirements,
and;
WHEREAS, At the present time, the Town allows the disturbance on every lot located in a
subdivision where the application for the subdivision was received prior to
November 3, 1996, to be disturbed by one of two options: (1) the hillside
disturbance option, and (2) the "four times the footprint" option, and;
WHEREAS, When a homebuilder chooses the "four times the footprint" option, the lot can be
to be disturbed a minimum of 12,000 square feet or total lot area, whichever is
less, and;
WHEREAS, When the "four times the footprint" option is chosen, the lot can be disturbed for
an area equal to at least 12,000 square feet or four times the footprint of the
primary structure, whichever is greater, and;
WHEREAS, When the "four times the footprint" option is chosen, and there is a residual less
than 6,000 square feet, after four times the footprint area is calculated, than the
entire lot can be disturbed, and;
WHEREAS, The Town desires to eliminate the 12,000 square foot guarantee and the total lot
disturbance allowance when the residual is less than 6,000 square feet; and
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WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for
the Town of Fountain Hills have been followed; and
WHEREAS, The Town of Fountain Hills has rewritten the text of Chapter 5 of the Zoning
Ordinance of the Town of Fountain Hills and published these proposed text
changes in the official newspaper of general circulation, The Times of Fountain
Hills and Rio Verde on October 30, 1996, November 6, 1996, November 13, 1996
and November 20, 1996, and;
WHEREAS, Public hearings were advertised in the October 30, 1996, November 6, 1996,
November 13, 1996 and November 20, 1996, editions of The Times of Fountain
Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and
WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission
on November 14, 1996 and by the Fountain Hills Town Council on November 21,
1996.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of
Fountain Hills, Chapter 5, Section 5.11.B.3(a)(1) of the Zoning Ordinance for the
Town of Fountain Hills shall be amended by deleting the following text:
CHAPTER 5
GENERAL PROVISIONS
5.11 Land Disturbance Standards
B. Grading Standards.
3. Grading of Individual Platted Lots. In all residential zoning districts
the extent of disturbance on a lot shall be limited to either of the
following: (Lots owned by utility companies which are regulated by the
Arizona Corporation Commission are exempt from the lots disturbance
limitations of this subsection).
(a) On lots located in subdivisions where applications were made and
accepted before October 19, 1996:
(1) Four (4) times the size of the footprint of the house or
building, (including the pad for the house or building).
Footprint means that area of the house or building measured
L. 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 house or building). Notwithstanding the above
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. A twenty (20) foot wide ban of primary
driveway access is excluded from the land disturbance area
limitations; or
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 21st day of November, 1996.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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Jerol CMMayo..-- -14..
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r Cassie B. Hansen, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
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Paul . Nordin, Town Manager William E. Farrell, Town Attorney
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