Loading...
HomeMy WebLinkAboutOrd 1993-05ORDINANCE 93-05 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TEXT OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS PURSUANT TO ARTICLE XXXI OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, BY REVISING ARTICLE XXIV HILLSIDE DEVELOPMENT STANDARDS AND ADDING LAND DISTURBANCE STANDARDS. BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. Article XXXI, Section 31.1 of the Zoning Ordinance for the Town of Fountain Hills authorizes amendments to the Zoning Ordinance. The Zoning Ordinance of the Town of Fountain Hills is hereby amended by revising Article XXIV, Hillside Development Standards as follows: ARTICLE XXIV. HILLSIDE DEVELOPMENT STANDARDS 24.1 Purpose. The principal purpose of the hillside development standards is to allow the reasonable use and development of hillside areas ® while promoting the public health, safety, convenience and general welfare of the citizens of the Town of Fountain Hills and maintaining the character, identity, and image of hillside areas. The primary objectives of the hillside development standards are: To minimize the possible loss of life and property through the careful regulation of development; to protect watershed, natural waterways, and to minimize soil erosion; to ensure that all new development is free from adverse drainage conditions; to encourage the preservation of the existing landscape by maximum retention of natural topographic features; to minimize the scarring of hillside construction. 24.2 General Provisions. (1) Grading on land where no structures are involved and having a natural slope of fifteen (15%) percent or greater shall be subject to the regulations set forth in Sections 24.2 through 24.4 of this Article. (2) The issuance of grading permits, hillside development plan approvals, or other approvals of improvement work on any real property, subject to the regulations in this Article, shall not be conditioned on altering, modifying or not utilizing existing grading, construction or other improvements on such real property to conform to the regulations in this Article if such existing grading, Q(lbIiskFJ- V.�. I'lm`s QLD*&. =)-D`I,3-3-93 ® construction or other improvement was completed in conformance with valid permits, issued prior to the adoption of this provision. (3) The importation of fill material to a lot is prohibited unless a grading permit allowing such fill is fust secured. 24.3 Development Standards. Development standards shall apply only to development on those portions of a property having a natural slope of fifteen (15%) percent or greater. For purposes of this section grading shall be defined as any excavation or filling or combination thereof. (1) Grading and Drainage Requirement: There shall be no grading on or to any site other than percolation test borings (100 square feet maximum in size) prior to the issuance of a Zoning Clearance and prior to the issuance of a grading permit. (a) In all rural and residential zoning districts the extent of grading on that portion of a lot which has a natural slope of fifteen (15%) percent or greater, shall be limited to a total area not to exceed the lot coverage limitations of the ® zoning district. (b) Drainage: The entrance and exit points and continuity of all natural drainage channels on a hillside site shall be preserved. (c) All cut and fill slopes shall be completely contained by retaining walls or by substitute materials acceptable under the provisions of the Uniform Building Code (including riprap materials) except for: (1) The minimum amount of swale grading necessary for drainage purposes; or, (2) Pursuant to the requirements as listed in Section 24.3 (2) and(3). (2) Retaining Wall Requirements: ® (a) For the purpose of this provision, a retaining wall is a wall or terraced combination of walls used to retain earth ® but not supporting a wall of a building. (b) The height of a retaining wall is as measured from low side natural grade to the top of the wall, whether the top is retaining earth or not. Open railings on top of retaining walls are not included in height measurements. The height of the retaining wall shall be included in the permitted building height if the face of the building is within fifteen (15) feet of the retaining wall. (c) The average height of a retaining wall shall be computed by taking the total vertical surface area of the wall above grade and dividing it by its length. (d) The maximum height and average height of a retaining wall shall not exceed the following: AVERAGE SLOPE AT BUILDING* -% 15-20 25-30 30-35 35 & Over Maximum Height (feet) 10 13 13 18 Average Height (feet) 6 8 9 11 ® * As determined by averaging percentage of slopes shown on sections through building or site plan submittal. (e) The finished surfaces of any retaining wall shall blend into the natural setting. (3) Slone Stabilization and Restoration: (a) Vegetation shall be reestablished on all exposed fill slopes, cut slopes, and graded areas by means of a mixture of grasses, shrubs, trees or cacti to provide a basic ground cover which will prevent erosion and permit natural revegetation. In lieu of the reestablishment of vegetation, all exposed cut slopes shall be riprapped with stone or chemically stain treated with material which blend in with the natural setting. (b) Slope stabilization can be required if necessary as set forth in Chapter 70 of the Uniform Building Code. 24.4 Procedural Regulations. (1) Prior to the issuance of a Zoning Clearance or subdivision approval, a Plan of Development shall be submitted to and approved by the Planning ® and Zoning Commission for all uses. (a) The Plan of Development shall be referred to the Planning ® and Zoning Commission upon report and recommendation from the Director and other town departments, and shall include those items which are required to obtain a Zoning Clearance as identified herein. (b) The approval of the Plan of Development by the Planning and Zoning Commission 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 Article are maintained and ensured. (2) In addition to the otherwise noted procedural and information requirements of this provision, all applications for a Zoning Clearance or subdivision approval.on those portions of properties having a natural slope of fifteen (15%) percent or greater (including single-family residential uses) shall contain the following materials and information: (a) Site Plan. ® 1. Contour interval not exceeding five (5) foot intervals. 2. Site plan must be submitted on/or along with a topographic survey prepared by a civil engineer or registered land surveyor. 3. Scale of the site plan shall be not less than 1"-20'-0". 4. Dot in all disturbed (or graded) areas and show the proposed method of final treatment. Dash in all retaining walls, showing the amount allowed (per regulations) and amount used. 5. Show how drainage is altered, and if so, how it is redirected to original channel and show that the requirements regarding storm water runoff and drainage have been met. 6. Show location of all proposed utility lines. ® 7. Give legal description, property dimensions and heading, name, address and telephone number of submitter. ® (b) Elevations. 24.5 Land Disturbance Standards. A. Clearing, Grubbing, Grading, Excavating, and Filling - Definitions. 1. "Disturbance" means clearing, grubbing, grading, excavation and/or filling. 2. "Clearing" is defined as consisting of the removal and disposal of all obstructions such as fences, walls, foundations, buildings, accumulations of rubbish of whatever nature and existing structures. Included in this definition are cacti, trees, shrubs, brush, grass, weeds, and other vegetation. 3. "Grubbing' is defined as the elimination of roots ® from the ground by digging or pulling. 4. "Grading' is defined as the process of changing gradients of existing land by contouring, smoothing or otherwise shaping land areas. 5. "Excavation" is defined as the removal and disposal of all materials taken from the ground for the purposes of installing nonnatural facilities. 6. "Filling' is defined as the process of dumping dirt, sand, rock or other material excavated from the earth. B. General Provisions. 1. Except as exempted in the adopted Uniform Building Code, the importation of fill material to a lot is prohibited unless a grading permit allowing such fill is first secured. 2. Where the natural grade is less than a fifteen (15) ® percent gradient, the maximum amount of unretained fill or cut shall be four (4) feet above the ® natural grade. The horizontal displacement of any fill or cut embankment shall not, be more than twelve (12) feet from the top of slope. Where natural grade has a gradient of fifteen (15) percent or more, the maximum amount of unretained fill or cut, shall be six (6) feet above natural grade. The horizontal displacement shall not be more than eighteen (18) feet from the top of slope. Any fill or cut grading in excess of these amounts must be contained by retaining walls. 3. Prior to the exportation of any material from a site, a proper location for such material must be identified prior to securing a grading permit to remove such material. 4. Any unretained fill slope, if allowed, shall have a minimum two (2) feet horizontal to every one (1) foot vertical fill. 5. Any fill grading shall have an irregular and ® contoured edge that blends into the natural surrounding terrain. 6. Exposed cut slopes are limited to six (6) feet in height adjacent to side and rear property lines and may be no steeper than three (3) feet horizontal for every one (1) foot vertical. 7. Revegetation of cut and fill slopes shall be done in such fashion as to restore those graded slopes to an appearance approximating, as closely as possible, their natural state; indigenous plant materials or low water usage shrubs, trees and grasses must be used as well as decomposed granite in a color approximating the native soils to dress the scarred area. An irrigation system, for the initial period to re-establish the vegetation, shall be carefully designed to avoid overspray or runoff onto the natural area, must also be installed to maintain the revegetation until it has become established. Upon completion of construction, any natural area disturbed by the construction activity shall be ® revegetated with indigenous plants to match the adjacent natural area. This revegetation process shall be completed with 180 days of completion of ® grading unless a specific exemption is granted by the Community Development Director. However, grading for drainage and erosion control purposes shall be completed prior to final inspection. 8. A building permit shall not be conditioned on altering, modifying or not utilizing existing grading, if the existing grading work was completed in conformance with valid permits, and does not present a threat or danger to the proposed development or neighboring properties. This provision does not prevent the Town Engineer from requiring necessary documentation of site suitability to assure soil stability, compaction, and other geotechnical purposes. C. Special Use Permit Required. A special use permit shall be required for any person, firm or corporation to undertake or cause clearing or grubbing or any work regulated by Chapter 70 of the Uniform Building Code when not in accordance with a plan of development as approved by the ® Community Development Department. D. Height Regulations. The height of all structure shall not exceed the maximum height regulations of the primary zoning district from original natural grade through any building cross section, measured vertically at any point along that cross section from original natural grade. Native grade elevation shall not include isolated topographical features, such as pits, hills, rock outcroppings, etc. that are less than 500 square feet in size. E. _ Other Regulations. The yard, intensity, of use, parking, loading and unloading, and additional regulations which apply to property in any zoning district to which land disturbance standards apply shall remain the same as specked in the primary zoning district unless otherwise specified herein. F. Development Standards. Development standards shall apply to all portions of a lot or parcel. For purposes of this section development shall be defined as any disturbance of the lot or parcel. G. Grading and Drainage Requirements: There shall be no is grading on or to any site other than percolation and test borings (100 square feet maximum in size) prior to the issuance of a Zoning Clearance and a Building (grading) Permit. 1. In all residential zoning districts the extent of disturbance on a lot or parcel existing on January 1, 1992 (including the pad for the pimarysi=uctue; house) shall be limited to four (4) times the size of the footprint of the piimay.astrucnire house. Footprint means that area of the primary structure house measured from the outside walls (excluding any overhanging portions) which includes indoor uses such as attached garage, carport, utility room, laundry, etc. .(including covered patios and breezeways which are an integral part of the roof structure of the prunary' €;°structure house). Notwithstanding the above limitations, at no time shall any lot or parcel be restricted to less than 12,000 square feet of disturbance, unless limited by the size of the lot itself. Furthermore, if after ® computing the allowed area of disturbance the residual area of the lot or parcel is less than 6,000 square feet, then that residual may also be included in the allowable area of disturbance. 2. Except for the minimum amount of Swale grading necessary for drainage purposes, all cut and fill slopes shall be completely contained by retaining walls or by substitute materials acceptable under the provisions of the Uniform Building Code (including riprap materials). 3. Utility lines shall be located underground. If utility lines must be placed outside of the allowed disturbance area, the disturbed lands shall be restored to the original grade and revegetated with vegetation indigenous to the area. 4. Drainage: The entrance and exit points and continuity of all natural drainage channels on a disturbance site shall be preserved. 0 H. Retaining Wall Requirements: 1. For the purpose of this provision, a retaining wall is ® a wall or terraced combination of walls to retain earth but not supporting a wall of a building. 2. The height of a retaining wall is measured from the low side of the natural grade to the top of the wall, whether the top is retaining earth or not. Railings with at least fifty (50) percent openness on top of retaining walls are not included in retaining wall height restrictions but are restricted by the fence height restrictions. If the face of a building is within fifteen (15) feet of a retaining wall, the height of the retaining wall shall be included in the building height calculation and the combination of the retaining wall height and building height shall not exceed the maximum -building height limitation. 3. The average height of a retaining wall shall be computed by taking the total vertical surface area of the wall above grade and dividing it by its length. 4. The finished surfaces of any retaining wall shall ® blend into the natural setting. 5. The maximum height and average height of a retaining wall shall not exceed the following: Average Slope at Building* - % 15-25 25-30 30+ Maximum Height (feet) 10 13 13 Average Height (feet) 6 8 9 * As determined by averaging the percentage of slopes shown on sections through building on site plan submittal. I. Procedural Regulations. 1. Prior to the issuance of a Zoning Clearance, a Plan of Development shall be submitted to and approved by the Community Development Department. The approval of the Plan of Development by the Community Development Department 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. 2. In addition to the otherwise noted procedural and information requirements of this provision, all applications for a Zoning Clearance shall contain the following materials and information: a. Site Plan; pteparedNy`an__Aiizona'reaisfeied I"ant 'st%rveyoi`;oi _ Arizonz re gisieiOTci16zl engingg-.. wit1r the following information:: {1) a topographic�survey;aYleastaeri(1¢} feet beyond the exteiior property iute ' of'tfie:aiie� (2) Contour interval not exceeding 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"-20'-0". For large scale projects, the Community Development Director may allow a different scale. (4) At all structures show sections through site and building at 25'0" intervals perpendicular to slope, giving percentage of slope at each, and showing exact heights of structures at each existing contour. (5) Each floor level shall be shown with different shading with a legend giving grade or elevation of each level. (6) 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 and, if applicable, pool. (8) Dot in all disturbed (or graded) areas and show the proposed method of final treatment. Dash in all retaining walls, showing the amount allowed (per regulations) and amount used. (9) Show how drainage is altered, and if so, how it is redirected to original channel and show that the requirements regarding storm water runoff and drainage have been met. (10) Show location of all proposed utility lines. (11) Give legal description, property dimensions and heading, along with the name, address, and telephone number of submitter. b. Elevations. (1) Show all exterior elevations, giving accurate existing and proposed grade lines (Scale 1/4"-1'-0"). (2) Show total height of buildings and give height and square footage of all retaining walls. n LJ E E C PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this I r-t"k day of P bA-L&4,-j , 1993. FOR THE TOWN OF FOUNTAIN HILLS: L� r X-" -, �- Jo . Cudno, , Mayor REVIEWED BY: Paul L. Nordin, Town Manager ATTESTED TO: Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: L�'L William E. Farrell, Town Attorney