HomeMy WebLinkAboutOrd 1998-29 TOWN OF FOUNTAIN HILLS
ORDINANCE 98-29
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE
ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING
CHAPTER 2, PROCEDURES, SECTION 2.04 AND CHAPTER 5, GENERAL
PROVISIONS, SECTION 5.11.E GRADING STANDARDS AND 5.11.G
PROCEDURAL REGULATIONS OF THE ZONING ORDINANCE OF THE TOWN OF
FOUNTAIN HILLS BY AMENDING THE REQUIREMENTS FOR ENGINEERED SITE
PLANS AND CHAIN-LINK FENCES FOR CERTAIN PERMITS.
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, PROCEDURES. Section 2.01, Amendments or Zone Changes.
establishes the authority and procedures for amending the zoning
ordinance; and
WHEREAS, Public hearings were advertised in the July 29, August 5, 12, 19, 26, and
September 2, 1998. 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 August 13, 1998 and the Mayor and Common Council on
September 3, 1998.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1, The Town of Fountain Hills Zoning Ordinance, Chapter 2, Procedures,
Section 2.04 and Chapter 5, General Provisions, Sections 5.11.E & G shall be
amended to permit exceptions to the requirement for an engineered site
plan and chain-link disturbance fences for certain permits as shown in
Exhibit"A".
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PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 3rd day of September, 1998.
FO THE TOWN OF FOUNTAIN HI : ATTESTED TO:
CiAAA-LQ5 ilA^/ Y
haron Morgan, May Cassie B. Hansen, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Paul L. ordin, Town Manager William E. Farrell, Town Attorney
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Ordinance 1998-29
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EXHIBIT "A"
CHAPTER 2, PROCEDURES
2.04 Plan Review.
A. Purpose. The purpose of the plan review is to enable the Community Development
Department to make a finding that the proposed development conforms with the intent and
provisions of this ordinance and all other town ordinances. The Department may be
assisted in this determination by engineering department, utility companies, fire district,
sanitary district, and other appropriate agencies in the form of written staff recommendations
or stamps of approval. The provisions of this section shall apply to the permitted, temporary
uses, and special uses as specified for each zoning district.
B. Application For Plan Approval. A request for plan approval shall be filed with the
Community Development Director or designee, on a form prescribed by the Community
Development Director. The request for approval shall be accompanied by two (2) identical
copies of the plan. Each copy shall be on one or more sheets of paper measuring not more
than twenty-four (24) by thirty-six (36) inches, drawn to a scale not smaller than twenty (20)
forty(10)feet to the inch, PREPARED BY AN ARIZONA REGISTERED LAND SURVEYOR
OR ARIZONA REGISTERED CIVIL ENGINEER which show the following:
1. LEGAL DESCRIPTION, PROPERTY DIMENSIONS AND
HEADING, ALONG WITH THE NAME, ADDRESS AND TELEPHONE NUMBER
OF THE OWNER, DEVELOPER AND DESIGNER.
cif 2. A TOPOGRAPHIC SURVEY EXTENDING AT LEAST TEN (10) FEET BEYOND
THE EXTERIOR PROPERTY LINE OF THE SITE. CONTOUR INTERVAL SHALL
NOT EXCEED 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 INCH EQUALS 20
FEET. FOR LARGE SCALE PROJECTS, THE COMMUNITY DEVELOPMENT
DIRECTOR MAY ALLOW A DIFFERENT SCALE.
4. IF STRUCTURES ARE PROPOSED, SHOW CROSS-SECTIONS THROUGH
SITE AND BUILDING AT 25 FOOT INTERVALS PERPENDICULAR TO SLOPE,
GIVING PERCENTAGE OF SLOPE AT EACH,AND SHOWING EXACT HEIGHTS
OF STRUCTURES AT EACH EXISTING CONTOUR.
5. IF STRUCTURES ARE PROPOSED, EACH FLOOR LEVEL SHALL BE SHOWN
WITH DIFFERENT SHADING WITH A LEGEND GIVING GRADE OR ELEVATION
OF EACH LEVEL.
6. IF A GARAGE(S) IS PROPOSED, 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.
Ordinance 1998-29
Page 3 of 7
(4100, 8. DOT IN ALL DISTURBED (OR GRADED) AREAS AND SHOW THE PROPOSED
METHOD OF FINAL TREATMENT. INDICATE ALL RETAINING WALLS,
SHOWING THE ACTUAL HEIGHTS.
9. SHOW EXISTING AND PROPOSED GRADES AND DRAINAGE SYSTEMS AND
HOW DRAINAGE IS ALTERED, HOW IT IS REDIRECTED TO ORIGINAL
CHANNEL AND SHOW THAT THE REQUIREMENTS REGARDING STORM
WATER RUNOFF AND DRAINAGE HAVE BEEN MET.
103. Size and dimensions of yards and space between buildings.
114. Location and height of walls and fences.
126. Location, number of spaces, dimensions, circulation patterns, and surface materials
for all off-street parking and loading areas, driveways, access ways, and pedestrian
walkways.
136. The location, dimensions, area, materials and lighting of signage.
14.. Location and general nature of lighting.
158. Street dedications and improvements.
1640 The size and locations of all existing and proposed public and private utilities. All
easements must be shown and given in writing.
1744. Natural features such as mesas, rock outcroppings, or streams and manmade
features such as existing roads and structures, with indication as to which are to be
retained and which are to be removed or altered.
18 . Landscaping, including all surfacing material around buildings and in all open
spaces.
1943. A vicinity sketch showing the location of the site in relation to the surrounding street
system. Adjacent properties and their uses shall be identified.
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2046. Any other information which the plan REVIEWER ekieoker may find necessary to
establish compliance with this and other ordinances.
C . SPECIAL USE PERMIT. A SPECIAL USE PERMIT SHALL BE REQUIRED FOR ANY
PERSON, FIRM, OR CORPORATION TO UNDERTAKE CLEARING OR ANY WORK
REGULATED BY APPENDIX CHAPTER 33 OF THE 1994 UNIFORM BUILDING CODE
WHEN NOT IN ACCORDANCE WITH A PLAN OF DEVELOPMENT AS DETERMINED BY
THE COMMUNITY DEVELOPMENT DIRECTOR.
Ordinance 1998-29
Page 4 of 7
D. PLAN OF DEVELOPMENT. PRIOR TO THE ISSUANCE OF A ZONING CLEARANCE, A
PLAN OF DEVELOPMENT OR GRADING PLAN SHALL BE SUBMITTED TO AND
APPROVED BY THE TOWN ENGINEERING DEPARTMENT, AND THE COMMUNITY
DEVELOPMENT DEPARTMENT. THE APPROVAL OF THE PLAN OF DEVELOPMENT
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.
EG. Exception. When, in the opinion of the Community Development Director, the nature of the
permitted or special use is such that it would be unnecessary or economically unfeasible for
the applicant to prepare a plan in accordance with the above requirements, the Community
Development Director may waive certain of the above requirements, but in all cases the
applicant will be required to prepare and submit a site plan drawn to scale.
F . Fee. The application for plan approval shall be accompanied by a filing fee, which shall
include engineering plan review time costs, in an amount established by a schedule adopted
by resolution of the Council and filed in the offices of the Town Clerk. No part of the filing
fee shall be refundable. Payment of the filing fee may be waived when the petitioner is the
town,county,state, school district, or federal government.
GS. Review Procedures.
1. The Community Development Department shall have TEN (10) Vie-(5) working
days from the date of submission of a plan application to review said plan and
approve, conditionally approve, request more time or reject said plan based on its
compliance with all provisions of this ordinance, all other applicable ordinances, and
master plans of the Town of Fountain Hills, and to notify the applicant of the
Department's decision in writing. If, however, the Community Development Director
wishes to obtain the opinion of the Planning and Zoning Commission, the Director
may forward the plan to the Commission for action at its next regular meeting to be
held at least seven (7) days after such action. In such case, the Community
Development Director must render a decision within five (5) days after Commission
action. In the event of denial, the decision shall set forth in detail the reasons for
denial, or in the event of conditional approval, the changes or additions which are
necessary to make the plan acceptable.
2. All copies of the approved plan, with any conditions shown thereon or attached
thereto, shall be dated and signed by the Community Development Director. One
copy of said approved plan and conditions shall be mailed to the applicant, and one
copy shall be filed with the Building Inspector.
H . Appeals. Any applicant for plan approval who is dissatisfied or aggrieved by the decision of
the Community Development Director may appeal such decision to the Board of Adjustment
by filing a written notice of appeal with the Community Development Department in
accordance the procedures outlined in Section 2.04 of this Ordinance.
CHAPTER 5,GENERAL PROVISIONS
4160, 5.11 B. Grading Standards.
Ordinance 1998-29
Page 5 of 7
11. Disturbance Limit Fencing. Prior to the issuance of any building or grading permit
FOR NEW RESIDENTIAL CONSTRUCTION AND ALL COMMERCIAL AND
INDUSTRIAL CONSTRUCTION and prior to any NEW disturbance activities, a six-
foot high imbedded chain-link fence shall be permitted and installed on the
disturbance limit line as identified on the approved site plan for the site. FOR
SUBSEQUENT RESIDENTIAL ADDITIONS/REMODELS, POOLS AND FENCES
A CHAINLINK FENCE MAY BE REQUIRED ON ALL OR PART OF THE
DISTURBANCE BOUNDARY TO PRESERVE THE NON-DISTURBANCE
AREAS DURING CONSTRUCTION. Appropriate warning signs in English and
Spanish shall also be posted at least every 100 linear feet on the required fencing.
The building official, or his/her designee(s), shall inspect the fence and signage to
insure its proper location and construction prior to the issuance of the
building/grading permit for the site. Such fencing and signage shall be maintained
in place throughout the grading/construction process and shall only be removed
after a final inspection or Certificate of Occupancy has been issued by the Town.
These regulations may be waived by the Community Development Director if 100%
of the lot, on which the construction activity is permitted, has been graded or
disturbed as part of an approved subdivision grading permit.
1. Plan of Dovolopmont. Prior to tho issuanoo of a zoning cloaranco, a plan of
2. Applioation Roquiromonts. 1a addition to tho othorwico notod pr000dural and
for a zoning cloarancof
ao€1.414ormation:
a. Sito plan, proparod by an Arizona rogictorod land curvoyor or Arizona
(1) A topographic c'sy at loast ton (1-0) foot boyond tho oxtorioF
(2) Contour intorval not oxcooding two (2) foot within twonty (20) foot
(1) If ctructuroc aro proposod, show orocs coctionc through cito and
Ordinance 1998-29
Page 6 of 7
(lil; If ste3ctares are-pFepesed, eadl—#lee- level shall bo chown with
level.
(4) If a-garages) i6 prepeeed, gi4le pfepesed elevatier or grado at
garago floor and at oxicting stroot lovol at drivo ontry. Givo
(7) Lict tho individeaL cquaro footago of buildingc, garagoc, patioc,
(8) Det iR alb disturbed (or gradod) aroas and show tho propocod
(8) Show how drainage is altorod, and if so, how it is rodiroctod to
(10) Show looation of all propocod utility linoc,
(11) Givo logal doscription, proporty dimoncionc and hoading, along
b. Elovationc,to bo cubmittod if ctructuroc aro propocod,
gradoc linoc (Scala 1/1" 1'0")
of all retaini1 -walls.
1. pooial Uco Pormit hcpeeial'co pormit chall bo roquirod for any percon, firm, or
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Ordinance 1998-29
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