HomeMy WebLinkAboutOrd 1995-05® ORDINANCE 95-05
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT
CHAPTER 2, SECTION 2.01, BY AMENDING CHAPTER 2, SECTION 2.02
SPECIAL USE PERMIT, SUBSECTION F. TIME LIMITS, TO ESTABLISH
CLARIFICATION ON REQUESTING TIME EXTENSIONS FOR SPECIAL
USE PERMITS; CHAPTER. 5, SECTION 5.06 YARD, LOT AND AREA
REQUIREMENTS, SUBSEITION C PROJECTIONS OVER AND INTO
REQUIRED YARDS; CHAPTER 5, SECTION 5.06 YARD, LOT, AND
AREA REQUIREMENTS, H SERVICE STATION PUMPS; CHAPTER 6,
SECTION 6.10 MODEL HOME ADVERTISING SIGNS TO PERMIT SUCH
SIGNS BY TEMPORARY USE PERMIT RATHER THAN SPECIAL USE
PERMIT; AND CHAPTER 7, SECTION 7. SCHEDULE OF REQUIRED
OFF -STYE SPACES, SUBSECTION F. SCHEDULE. 5. MANUFACTURING
AND INDUSTRIAL USES TO ESTABLISH MINIMUM OFF-STREET
PARKING REQUIREMENTS FOR MINI -STORAGE FACILIITES.
WHEREAS Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes.
establishes the authority and procedures for amending the zoning ordinance; and
® WHEREAS Greater clarification, corrections, and additions are needed to better regulate land
use development in Fountain Hills.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. Chapter 2 of the Zoning Ordinance for the Town of Fountain Hills shall be
amended to expand Section 2.02 Special Uses Permits, Subsection F. Time
Limits, as follows: (The shaded areas indicate additions and the strike -out areas
indicate deletions)
2.02 Special Use Permits.
F. Time Limits.
1. The Council may establish a time limitation for special use
permits. A building permit for the construction of any
improvements allowed by any special use permit issued by
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the Town Council shall be secured within six (6) months
from the date of approval. Any lapsing of the building
permit prior to completion of the improvements will cause
the Special Use Permit to become null and void. Prior to
the termination of this time limit, the applicant may. make
a written request to the Towh Council arid the Council may
reconsider said use permit to determine if the permit should
be reissued for an additional time period or be terminated.
There'shall_be no use permit fee for this extension request
Section 2. Chapter 5 of the Zoning Ordinance for the Town of Fountain Hills shall be
amended to delete a portion of Section 5.06 Yard, Lot and Area Requirements.
C.Projections Over and Into Required Yards, as follows: (The shaded areas
indicate additions and the strike -out areas indicate deletions)
Section 5.06 Yard, Lot and Area Requirements.
C. Projections Over and Into Required Yards
1. Awnings, epee fife eseape bale8sies, c._
® window -type refrigeration units, suspended or roof
evaporative coolers, and similar features, may project not
more than five (5) feet over any required yard, provided
that they shall be no closer than three (3) feet from any lot
line.
Section 3. Chapter 5 of the Zoning Ordinance for the Town of Fountain Hills shall be
amended to change the minimum distance between the street property line and
service station pumps in Section 5.06 Yard, Lot and Area Requirements.
Subsection H. Service Station Pumps, as follows: (The shaded areas indicate
additions and the strike -out areas indicate deletions)
H. Service Station Pumps. No automobile service station pump shall be
located closer than t..et,.,e (12) twenty (20) feet from a street property line.
Section 4. Chapter 5 of the Zoning Ordinance for the Town of Fountain Hills shall be
amended to change the punctuation in Section 5.11 Land Disturbance
Standards, Subsection C. Cut and Fill Standards, 3. and 4., as follows: (The
shaded areas indicate additions and the strike -out areas indicate deletions)
® Ordinance #95-05
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® 5.11 Land Disturbance Standards
C. Cut and Fill Standards.
3. Height of Unretained Cut or Fill. If the natural grade or the
subdivision finished grade (if the property was platted or
replatted after September 20, 19914, is less than a fifteen
percent (15%) gradient, the maximum amount of unretained
fill or cut shall be four (4) feet above/below the natural
grade, or subdivision grade (if platted after September 20,
19914. The horizontal displacement of any fill or cut
embankment shall be not more than twelve (12) feet from
the top of slope. Where the natural grade, or the
subdivision finished grade fif the property was platted after
September 20, 19914, has a gradient of fifteen percent
(15%) or more, the maximum amount of unretained fill or
cut shall be six (6) feet above/below the natural grade, or
the subdivision finished grade (if the property was platted
after September 20, 19914, and the horizonal displacement
of any fill or cut embankment shall be not 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.
4. Limitations on Cut and Fill. With the exception of roadway
grading, the height of any fill or the depth of any exposed
cut area, as measured from the natural grade, or
subdivision finished grade (if the property is platted after
September 20, 19914, shall not be greater than ten (10) feet
regardless of whether the fill or cut is retained, unretained,
or a combination thereof. This limitation may be waived
by the Town Council.
Section 5. Chapter 6 of the Zoning Ordinance for the Town of Fountain Hills shall be
amended change Section 6.10 Model Home Advertising Signs, as follows: (The
shaded areas indicate additions and the strike -out areas indicate deletions)
6.10 Model Home Advertising Signs. Through the Speeisl Teinparary Use
. _ ..... ..... .
Permit process required for model homes, the following parameters for
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E
u
CI
signs must be followed:
Section 6. Chapter 7 of the Zoning Ordinance for the Town of Fountain Hills shall be
amended expand Section 7.04 Schedule of Off -Site Spaces, as follows: (The
shaded areas indicate additions and the strike -out areas indicate deletions)
7.04 Schedule of Off -Site Spaces
F. Schedule.
5. Manufacturing and industrial uses
e.: Mtin-storage
1 _-_per_= _ 35
spaces. plus
f. o r_: _t h _e
manager
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this second day of March, 1995.
FOR THE TOWN OF FOUNTAIN HILLS:
John . utillo, Mayor
-
REVIEWED BY:
aul L. Nordin, Town Manager
Ordinance #95-05
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ATTESTED TO:
1...'d
Cassie B. Hansen, Town Clerk
Z
O AS TO FORM:
ilham E. Farrell, Town Attorney
® TOWN OF FOUNTAIN HILLS
ORDINANCE 95-06
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 HELLS, AMENDING THE OFFICIAL ZONING DISTRICTS
MAP OF THE TOWN OF FOUNTAIN HILLS, ARIZONA BY
DESIGNATING LOTS 1 THROUGH 18 OF THE MIRAGE POINT FINAL
PLAT, FOUNTAIN HILLS, ARIZONA, FROM "R-3 R.U.P." AND "R-4",
MULTI -FAMILY RESIDENTIAL ZONING DISTRICTS TO "R1-6",
SINGLE-FAMH.Y RESIDENTIAL ZONING DISTRICT, AND BY
DESIGNATING PARCEL 1 OF THE MIRAGE POINT FINAL PLAT,
FOUNTAIN HILLS, ARIZONA, FROM "R-3 R.U.P." AND "R-41', MULTI-
FAMILY RESIDENTIAL ZONING DISTRICTS TO "OSR", OPEN SPACE
RECREATIONAL ZONING DISTRICT.
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 district
boundaries; and,
WHEREAS, Chapter 3, ESTABLISHMENT OF ZONING DISTRICTS AND
BOUNDARIES THEREOF Section 3.02 Boundary Lines on the Zoning
District Maps establishes the "Official Zoning District Maps"; and,
WHEREAS, Public hearings were advertised in the February 15, 1995, February 22, 1995, and
the March 1, 1995 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 January 12, 1995 and by the Mayor and Common Council on March 2, 1995;
and,
WHEREAS, The Future Land Use Plan in the "Fountain Hills General Plan" designates all of
the Mirage Point Final Plat for "Single -Family Medium" and "Open Space" land
uses.
Is Page
95-06
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Ell
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. The "Official Zoning District Maps" shall be amended to change the Zoning
District Designation of Lots 1 through 18 of the Mirage Point Final Plat, Fountain
Hills, Arizona, from "R-3 R.U.P." and "R-4", Multi -Family Residential Zoning
Districts to "R1-6", Single -Family Residential Zoning District.
Section 2. The "Official Zoning District Maps" shall be amended to change the Zoning
District Designation of Parcel 1 of the Mirage Point Final Plat, Fountain Hills,
Arizona, from "R-3 R.U.P." and "R-4", Multi -Family Residential Zoning Districts
to "OSR", Open Space Recreational Zoning District.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 2nd day of March, 1995.
FOR THE TOWN OF FOUNTAIN HILLS:
REVIEWED BY:
Paul L. Nordin, Town Manager
ATTESTED TO:
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
2kL . �? Z,2 �
Wham E. Farrell, Town Attorney
® Ordinance 95-06
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® ORDINANCE 95-07
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS PURSUANT
CHAPTER 2, SECTION 2.01, BY AMENDING CHAPTER 5, GENERAL
PROVISIONS, SECTION 5.09 WALLS AND FENCES, SUBSECTION A.
HEIGHT, AND BY DELETING CHAPTER 5, GENERAL PROVISIONS,
SECTION 5.09 WALLS AND FENCES, SUBSECTION B. FENCE AND
WALL SETBACK, AND CREATING A NEW SECTION 5.09,
SUBSECTION B. ARCHES; ALSO AMENDING CHAPTER 5 GENERAL
PROVISIONS, SECTION 5.11 LAND DISTURBANCE REQUIREMENTS,
SUBSECTION E. RETAINING WALLS, SUBSECTIONS 1.
MEASUREMENT OF HEIGHT, AND SUBSECTION 2. TERRACE WALLS.
WHEREAS Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes.
establishes the authority and procedures for amending the zoning ordinance; and
WHEREAS Greater clarification, corrections, and additions are needed to better regulate land
is
use development in Fountain Hills.
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS:
Section 1. CHAPTER 5 GENERAL PROVISIONS, of the Zoning Ordinance for the
Town of Fountain Hills, Section 5.09 Walls and Fences. shall be amended as
follows with the shaded areas showing additions to the current text and the strike-
out areas showing deletions from the current text
A. Height. No selid wall (whether_ retaining ofmot) eF fence or hedge; more
than three (3) feet six o) inches high shall be constructed or maintained
nearer to the front or;:st eetside, property line than the required front or
street side building setback line. Fences or sedges 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, of within Industrial Zoning Districts, er- Aid" Residential Zering
when a special use permit has been
secured for such purposes. Except is'otheiwisa provided;^^ no nonµre[1 g
wall or. fen stiail exceed six (6} feettn height -_ Retamul wall heig}its
® and non tetaintng walls on _top of tetauitng-walls with less than fifty (50)
Ordinance #95-07 1 of 3
percent openness,: shall follow. the, standards in Section 5. 11 -E. of this
chapter, however in no case shall -the non -retaining 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
�
utilitycompanies_which: are' :regt# _eg by the
Arizona Corporation Commiss'lon may
beallo.wed increased ,lence fidiots
duelo.nadonal, state:or 166al:standdrds�
Arch& .. When not4ocated :buildin 'an are
:,T any.requirpri 9 setback area h
in a f ....... 1. .. . . ... ...
facade may placed in:front.6f the mimary. structure at a hei t
not t().exceed twelve' a not to exceed ten (10). . feet.
orie*li, not exceeding _rmi1e (12)-fect in.height and ten (101i&ifi
width may belocatedalon__
2 gjhe:. de the rear, of the
S'. primary.stTuLture
if it is not located in the required side requ., ijeq - i interior Or street) _and Rid
yard;setbackareas.
Section 2. CHAPTER 5 GENERAL PROVISIONS of the Zoning Ordinance for the Town
of Fountain Hills shall be amended to amend a portion of Section 5.11 Land
Disturbance Requirements, Subsection E. Retaining Walls, as follows: (The
shaded areas indicate additions and the strike -out areas indicate deletions)
E. Retaining Walls.
1. Measurement of Height.
The height of a retaining wall is
measured from the low side of the natural grade, or the subdivision
finished grade if the property was platted after September 20, 1991,
to the top of the wall, whether or not the top is retaining earth.
Railings Freestanding jerces; 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
regulations (Section 5.09. A and B). Ahj 'With
X *
16.ss th0i _Ypercent penn4s and rs located onor. within
a. dislahce' I than the; average J,Height of the--retaming shaW.bE
included m- 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 the building
height shall not exceed the maximum building height limitation.
Ordinance #95-07 2 of 3
2. Ten -aced Walls. Any terraced retaining wall and freestanding:fence
with less _ than_ ftfry. percent-_ (5Q%) openness_'. diOi hip. the; average
height of the highest wall on.'the sanx-property shall be calculated
as one height and: be subject tq'the ietaiiii .9.wall, height limitations
of Section 5 IIXAIf two retaining walls at:d freestanding fences
with fifty percent`(50°k}ar.:greater openness, are separated by a
landscaped terrace of a width at least ene hel€ the average height
of the beanding highest walls, then each wall and/or fence shall be
considered as a separate reteteing wall'or.fence.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this second day of March, 1995.
I -Ws
Nordin, Town
Ordinance #95-07
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ATTESTED TO:
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
E.
2
Attorney