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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�- COUNT y—T- ©'J3riC." n01 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 • e 11 • CI\ .. `✓ . n01a '� Nvl;5 + 0 -. MOW .1.Fl90011M 1.1.21rietVi iY ♦- e* IN AV al T. ?- 1n A -- -GNI/ I."' v cm.., rr�■ �. Z i r • ` ..i— -- G SI i ` � Kt.) N��11. to `Z a j )Ih) 1 If l`I aa q 4 •. • M 11. l • Mv&N .r._.-..��- i . 13 v..... k . .' .. . . . . . , . _ . . fit g (47/ 4. Z W d �W r 4. 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