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HomeMy WebLinkAboutOrd 1997-20 ORDINANCE 97-20
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEXT OF
CHAPTER 5, SECTION 5.09 WALLS AND FENCES OF THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT
CHAPTER 2,SECTION 2.01,BY INCREASING THE MAXIMUM HEIGHT
OF FREESTANDING FENCES IN FRONT OF RETAINING WALLS TO
CONFORM TO POOL ENCLOSURE REQUIREMENTS.
WHEREAS The Town desires to protect pool areas from outside intrusion of small children;
and
WHEREAS The Town desires to provide a means to relieve the restrictions between maximum
fence heights at retaining wall transition points; and
WHEREAS Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes.
establishes the authority and procedures for amending the zoning ordinance; and
WHEREAS The Town of Fountain Hills advertised the proposed amendments with public
notices of a size that were one-eighth page or greater in size, in the official
newspaper of general circulation, the Times of Fountain Hills, on May 7, 14, 21,
28 and June 4, 1997; and
WHEREAS Public hearings were also advertised in the same public notices in display
advertisements of one-eighth page or greater in size, in the official newspaper of
general circulation, the Times of Fountain Hills, on May 7, 14, 21, 28, and June
4, 1997; and said public hearings were held by the Fountain Hills Planning and
Zoning Commission on May 22, 1997, and by the Fountain Hills Town Council
on June 5, 1997, to invite comments from the public;
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. The text of Chapter 5, GENERAL PROVISIONS, Section 5.09 Walls and
Fences, shall be amended as shown in below, with the additions in the bold large
type numbers and the deletions in the strikeout form:
Ordinance#97-20 'ASS AIL Lc— S —9 '7 Page 1 of 3
MOTION
SECOND CLi i Jko-F�-
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CHAPTER 5
�ir..
GENERAL PROVISIONS
5.09 Walls and Fences.
A. Height.
1. EXCEPT AS OTHERWISE PROVIDED, no wall (whether retaining or
not), fence or hedge, more than three (3) feet six (6) inches high shall be
constructed or maintained nearer to the front or street side property line
than the required front or street side building setback line. Fences or
hedges which exceed the above heights may be built around schools and
other public or quasi-public institutions when necessary for the safety or
restraint of the occupants thereof, or within Industrial Zoning Districts,
when a special use permit has been secured for such purposes. Except as
otherwise provided, no non-retaining wall or fence shall exceed six (6) feet
in height. Retaining wall heights and non-retaining walls on top of
retaining walls with less than fifty (50) percent openness, shall follow the
standards in Section 5.1 I.E. of this chapter, however in no case shall the
non-retaining wall exceed six (6) feet in height. These height regulations
shall not apply when fences of greater height are required by the Planning
and Zoning Commission or Town Council in order to provide adequate
screening as required by this ordinance. Note: Those utility companies
which are regulated by the Arizona Corporation Commission may be
allowed increased fence heights due to national, state or local standards.
2. EXCEPTIONS: WHEN NECESSARY TO MEET POOL ENCLOSURE
REQUIREMENTS, THE HEIGHT OF A FREESTANDING FENCE
MAY EXCEED SIX (6) FEET.
(A) THIS SECTION SHALL ONLY APPLY WHEN ALL OF THE
FOLLOWING CONDITIONS EXIST:
(1) THE EXEMPTED FENCE SERVES AS A POOL
ENCLOSURE, AND
Ordinance#97-20 Page 2 of 3
(2) THE EXEMPTED FENCE INTERSECTS A
Itiow RETAINING WALL AND SUCH RETAINING WALL
IS PERPENDICULAR TO THE EXEMPTED FENCE,
AND
(3) THE INTERSECTING RETAINING WALL EXCEEDS
EIGHTEEN (18) INCHES IN HEIGHT.
(B) IF ALL OF THE CONDITIONS LISTED IN SUBPARAGRAPH
(A) ABOVE ARE PRESENT, THE HEIGHT OF A
FREESTANDING FENCE MAY EXCEED SIX (6) FEET BY
AN AMOUNT TO BE DETERMINED AS FOLLOWS:
(1) THE MAXIMUM ALLOWABLE HEIGHT IN EXCESS
OF SIX FEET SHALL BE EQUAL TO THE HEIGHT
OF THE LOWER SIDE OF THE INTERSECTING
RETAINING WALL PLUS FIVE (5) FEET.
(2) THE ADDITIONAL FENCE HEIGHT AS
CALCULATED IN SUBPARAGRAPH (1) ABOVE
SHALL NOT EXTEND HORIZONTALLY MORE
THAN FIFTY-FOUR (54) INCHES AS MEASURED
FROM THE POINT OF INTERSECTION WITH THE
LOWER SIDE OF THE RETAINING WALL.
(3) ANY FENCE SECTIONS ERECTED IN EXCESS OF
SIX (6) FEET ACCORDING TO THIS SECTION
SHALL BE CONSTRUCTED SO THERE ARE NO
HORIZONTAL MEMBERS BETWEEN THE TOP OF
THE FENCE SECTION AND THE BOTTOM OF THE
FENCE SECTION. A MINIMUM OF FIFTY
PERCENT (50%) OPENNESS IS NOT REQUIRED IN
THIS FENCE SECTION.
Ordinance#97-20 Page 3 of 3
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this fifth day of June, 1997.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Jerry M. es, Mayor Cassie B. Hansen, Town Clerk
REV ED BY: APPROVED AS TO FORM:
#_,(16.„,,;,, P
Paul . or in, Town Manager William E. Farrell, Town Attorney
Ordinance d97-20 Page 4 of 3
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