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TOWN OF FOUNTAIN HILLS
ORDINANCE 98-31
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 5 SECTION 5.07.E OF THE ZONING ORDINANCE OF THE TOWN
OF FOUNTAIN HILLS BY AMENDING THE REQUIREMENTS FOR
LOCATIONS OF FLAGPOLES FLYING THE AMERICAN, ARIZONA STATE
AND/OR TOWN OF FOUNTAIN HILLS FLAGS.
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
err ordinance; and
WHEREAS, Public hearings were advertised in the October 7, 14, 21, 28 and November
4, 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 October 22, 1998 and the Mayor and Common Council on
November 5, 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 5 Section 5.07.B of the
Zoning Ordinance of the Town of Fountain Hills Shall be amended by amending
the requirements for locations of flagpoles flying the American, Arizona State
and/or Town of Fountain Hills Flags as shown in Exhibit"A".
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MOTION r6Th 6--
SECOND rnov-3cA.
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L. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 5th day of November, 1998.
FOR HE OWN OF FOUNTAIN HILLS: ATTESTED TO:
Sharon Morgan, May r assie B. Hansen, own Clerk
REVIEWED BY: APPROVED AS TO FORM:
aul . Nordin, Town anager William E. Farrell, wn Attorney
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Ordinance 1998-31
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EXHIBIT "A"
CHAPTER 5,GENERAL PROVISIONS
5.06 Yard, Lot, and Area Requirements.
A. Application. No building shall be erected, nor shall any existing buildings be
altered, enlarged, moved, or rebuilt, nor shall any open space surrounding
any building be encroached upon or reduced in any manner, except in
conformity with the yard, lot, area and building location regulations
hereinafter designated for the zone in which such building or open space is
located, except as otherwise specifically provided.
l Yards. Except as provided herein, every part of a required yard shall be
open to the sky and unobstructed. Trees, shrubbery, etc. and accessory
structures as allowed in this ordinance, shall not be considered obstructions.
No yard or other open space provided about any building for the purpose
of complying with the provisions of these restrictions shall be considered as
a yard or open space for any other building and/or yard, nor shall any other
open space on one lot be considered as a yard or open space for a
building on any other lot. A flagpole as permitted in Section 5.07.B.7 may
be located in a required front or street side yard.
5.07 Building Height Requirements.
A. Application. No building shall be erected, reconstructed, or structurally
altered to exceed in height the limit hereinafter designated for the zone in
which such building is located, except as otherwise specifically provided.
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 conveyors 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.
Ordinance 1998-31
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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.
b. Wireless communications towers and antennas as approved in
accordance with the requirements and provisions stated in Chapter
17 of this ordinance.
7. In any zoning district, one flagpole per lot flying the American Flag,
Arizona State Flag and/or the Town of Fountain Hills Flag so located
and constructed that if it should collapse, its reclining length would
be contained on the property on which it was constructed. In any
commercial or industrial zoning district, one flagpole flying the
American Flag, Arizona State Flag and/or the Town of Fountain Hills
Flag may be located per lot in a required front yard or street side
yard setback as long as the flagpole does not exceed the building
height permitted in the underlying zoning district
co,
Ordinance 1998-31
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