HomeMy WebLinkAboutOrd 1997-42 ORDINANCE #97-42
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AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE CHAPTER
5, SECTION 5.07 BUILDING HEIGHT REQUIREMENTS, SUBSECTION
B. EXCEPTIONS, OF THE ZONING ORDINANCE FOR THE TOWN OF
FOUNTAIN HILLS BY NOT ELIMINATING EXCEPTIONS FOR
INDUSTRIAL CHIMNEYS, SMOKESTACKS, DERRICKS, AND GRAIN
ELEVATORS, AND GRANTING EXCEPTIONS FOR CHIMNEYS IN
RESIDENTIAL ZONING DISTRICTS TWO FEET ABOVE THE ROOF
LINE OF THE RESIDENTIAL STRUCTURE IF THE ROOF LINE,
WITHIN 10 FEET OF THE CHIMNEY,IS AT OR NEAR THE MAXIMUM
BUILDING HEIGHT.
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 building height exceptions to
allow chimneys in residential zoning districts to be two feet above the roof line,
if the roof line is at the maximum building height; and
WHEREAS The Town of Fountain Hills desires to amend what types of structures should and
should not be excepted from the maximum building height regulations; and
WHEREAS The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for
the Town of Fountain Hills has been followed; and
WHEREAS The Town of Fountain Hills has advertised the proposed text changes in the
official newspaper of general circulation, The Times of Fountain Hills on October
29, November 5, 12, and 19, 1997 by showing the deletion of certain items within
the text of Chapter 5, Section 5.07 of the Zoning Ordinance of the Town of
Fountain Hills, in the "strike-out" form, and has shown the additions to the text
in large bold letters; and
WHEREAS The Planning and Zoning Commission's public hearing and the Town Council's
public hearing was advertised in the official newspaper of general circulation, The
Times of Fountain Hills on October 29, November 5, 12, and 19, 1997; and
WHEREAS Public hearings were held by the Fountain Hills Planning and Zoning Commission
on November 13, 1997, and by the Fountain Hills Town Council on November 20,
1997.
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NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. Revisions to Chapter 5, Section 5.07 of the Zoning Ordinance for the Town of
Fountain Hills is amended as follows, with the strikeout areas showing the
deletions and the large bold portions showing the additions:
CHAPTER 5
GENERAL PROVISIONS
5.07 Building Height Requirements.
B. Exceptions. Height regulations established elsewhere in this ordinance
shall not apply:
1. In any district, to church spires, belfries, cupolas and domes not for
human occupancy; monuments; water towers; flagpoles; provided
that such structure shall be so located and constructed that if it
should collapse, its reclining length would still be contained on the
property on which it was constructed.
2. In any non-residential district, to noncommercial radio or television
antennas.
3. In industrial districts, to chimneys, smokestacks, derricks,
conveyors, grain elevators, or similar structures wherein the
industrial process involved customarily requires a height greater
than otherwise permitted, provided that such structure shall be so
located and constructed that if it should collapse, its reclining
length would still be contained on the property on which it was
constructed.
4. In any district, to solar heating or cooling apparatus, the plans of
which have been approved by the Zoning Administrator.
5. CHIMNEYS IN RESIDENTIAL ZONING DISTRICTS MAY
BE TWO FEET ABOVE THE ROOF LINE OF THE
RESIDENTIAL STRUCTURE, EVEN IF THE ROOF LINE IS
AT THE MAXIMUM BUILDING HEIGHT. HOWEVER,
THERE SHALL BE NO HEIGHT EXCEPTION ALLOWED
FOR A CHIMNEY IF THERE IS A TWO FOOT OR
GREATER VERTICAL CLEARANCE WITHIN A TEN (10)
FOOT RADIUS OF THE CHIMNEY.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this twentieth day of November, 1997.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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Jerry iles, or Cassie B. Hansen, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
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Paul L. Nordin, Town Manager William E. Farrell, Town Attorney
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