HomeMy WebLinkAboutOrd 2021-04ORDINANCE NO.21-04
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 5, GENERAL PROVISIONS,
AMENDING SECTION 5.09, WALLS AND FENCES.
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council")
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for
the Town of Fountain Hills (the "Zoning Ordinance"); and
WHEREAS, the Town Council desires to amend Chapter 5 of the Zoning Ordinance, General
Provisions, to amend Section 5.09, Walls and Fences; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to AM. REV. STAT. § 9-
462.04, public hearings regarding this ordinance were advertised in the December 23, 2020 and
December 30, 2020 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission
on January 11, 2021 and by the Town Council on February 16, 2021.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 5, General Provisions, Section 5.09, Walls
and Fences, is hereby amended as follows:
Section 5.09 Walls and Fences
A. Height
2. 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, within Industrial Zoning Districts, when a
special use permit has been secured for such purposes. Except as otherwise
provided, no nonretaining wall or fence shall exceed six (6) feet in height.
Retaining wall heights and nonretaining walls on top of retaining walls with less
than fifty (50) percent openness, shall follow the standards in Section 5.06 of the
Town of Fountain Hills Subdivision Ordinance, however in no case shall the
nonretaining 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.
3. Golf ball fences may be PERMITTEDdeveleped by ADMINISTRATIVE
gpeeW-Use Permit if all of the following characteristics apply. REQUESTS
THAT DO NOT MEET ALL OF THE FOLLOWING
CHARACTERISTICS CAN BE CONSIDERED BY THE COUNCIL
THROUGH A SPECIAL USE PERMIT.
a. Golf ball fences may only be developed on lots that directly abut a golf course
or driving range, however, they may not be developed within any front or
street -side yard setback.
b. Golf ball fences should only be developed within SIX HUNDRED Six -
Hundred (600) feet of the forward -most golf course tee box or driving range
position. Golf course fences to protect against errant secondary golf shots may
be approved due to unusual site or course layout circumstances.
c. Golf ball fences shall be set back from any abutting residential property at a
distance not less than the height of the fence. Golf ball fences may be located
nearer to such a property line with the prior written consent of the abutting
residential property owner.
d. The maximum height of a golf ball fence shall not exceed twenty-five (25)
feet.
e. Pole color must blend in with background features as viewed from
neighboring properties to minimize its visibility. Net color shall be black.
f. Landscaping should be used where appropriate to obscure the poles from
neighboring properties.
43. E*eepfiens= 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
(2). The exempted fence intersects a 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.
Section 3. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona,
this 16`h day of February 2021.
FOR THE TOWN OF FOUNTAIN HILLS:
Gin Dickey, Mayor
REVIEWED BY:
4!�O� Z.
-%V, �*
Grady E. Mty own Manager
ATTESTED TO:
lizabet . Burke, Town Clerk
APPROVED AS TO FORM:
/s/ Aaron D. Arnson
Aaron D. Arnson, Town Attorney