HomeMy WebLinkAboutOrd 2021-17 (2)ORDINANCE NO. 21-17
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 10, SINGLE-FAMILY
RESIDENTIAL DISTRICTS: R1-190, R1-43, R1-35, R1-35H, R1-18, R1-10,
R1-10A, R1-8, R1-8A, R1-6, R1-6A, MODIFYING SECTION 10.04,
GENERAL PROVISIONS BY ADDING DESIGN STANDARDS FOR
SINGLE-FAMILY DWELLINGS
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 10, Single-family Residential
Districts, Section 10.04, General Provisions by adding specific requirements for the design
of single-family dwellings; and
WHEREAS, the Town Council desires to implement the goals and policies of the Fountain
Hills General Plan 2020 with regards to protecting existing neighborhoods; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. §
9-462.04, public hearings regarding this ordinance were advertised in the October 20th
and 27th and November 3rd, 2021, and the December 29th, 2021 and January 5th, 2022
editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on November 8, and December 13, 2021, and by the Town Council on
January 18, 2022.
WHEREAS, in accordance with Article II, Sections 1 and 2, Constitution of Arizona, and
the laws of the State of Arizona, the Town Council has considered the individual property
rights and personal liberties of the residents of the Town and the probable impact of the
proposed ordinance on the cost to construct housing for sale or rent before adopting this
ordinance.
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 10, Single-family Residential Districts: R1-
190, R1-43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-6A, Section
10.04, General Provisions, is hereby amended to add the following definition:
A. The General Provisions in Chapter 5 herein shall apply.
B. IN ORDER TO ENSURE THAT HOMES BEING BUILT IN SINGLE-FAMILY
ZONED NEIGHBORHOODS QUALIFY TO BE CONSIDERED SINGLE-FAMILY
DWELLINGS, THE FOLLOWING PROVISIONS SHALL APPLY.
1. THE FRONT FAQADE OF THE DWELLING SHOULD NOT INCLUDE
MIRROR IMAGES OF EACH HALF OF THE BUILDING, ESPECIALLY
WITH THE PLACEMENT AND ORIENTATION OF MULTIPLE 2-CAR
GARAGES AND POINTS OF ENTRY.
2. KITCHENS. IF A DWELLING UNIT INCLUDES MORE THAN ONE AREA
INDOORS FOR THE PREPARATION OF FOOD (A KITCHEN), ONE
KITCHEN MUST BE DESIGNATED ON THE BUILDING PLANS AS THE
PRIMARY KITCHEN AND THE TOTAL COUNTERTOP AREA,
INCLUDING ISLANDS, DEVOTED TO OTHER INDOOR AREA(S) FOR
PREPARATION OF FOOD CAN BE NO MORE THAN HALF THE
SQUARE FOOTAGE OF COUNTERTOP AREA IN THE DESIGNATED
PRIMARY KITCHEN.
3. FLOOR PLAN, EXCEPT AS ALLOWED FOR GUEST HOUSES. ALL
CONDITIONED SPACE WITHIN THE DWELLING MUST BE FULLY
ACCESSIBLE FROM ALL OTHER AREAS WITHIN THE DWELLING
WITHOUT HAVING TO GO OUTSIDE. NO FIRE RATED WALLS CAN
SEPARATE ONE PART OF THE DWELLING FROM ANOTHER.
C. A PLAN FOR A SINGLE-FAMILY DWELLING SHALL NOT BE APPROVED AS
A SINGLE-FAMILY DWELLING:
1. IF IT IS DESIGNED WITH MORE THAN ONE DISTINCT LIVING AREA
WHEN EACH AREA CONTAINS AT LEAST SIX OF THE FOLLOWING:
a. BEDROOM(S)
b. ' OR LARGER BATHROOM(S)
c. LAUNDRY ROOM
d. KITCHEN OR AREA FOR FOOD PREPARATION
e. SEPARATE WATER HEATER
f. SEPARATE, DIRECT ACCESS FROM
1. THE FRONT SIDE OF THE PROPERTY, OR
2. THE GARAGE
g. SEPARATE HVAC SYSTEM WITH THERMOSTATS
h. ELECTRICAL SERVICE FROM SUBPANELS ARE ALIGNED WITH
THE DISTINCT LIVING AREAS OF THE DWELLING.
2. THE ABOVE LIMITATION SHALL NOT APPLY TO
a. GUEST HOUSES MEETING THE REQUIREMENTS OF LARGE
ACCESSORY STRUCTURES, OR
b. DESIGNS WHEN ONE OF THE LIVING AREAS IS LESS THAN
30% OF THE SIZE OF THE LIVABLE AREA OF THE DWELLING
UNIT.
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 15th day of February, 2022.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Gin Dick ,Mr
ayor
REVIEWED BY:
Grady E. Mi ery.wn Manager
beth A. Klein, Town Clerk
APPROVED AS TO FORM:
aeon 6. Arnso , own Attorney