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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 ® Ordinance #95.O5 1 of 4 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 2 of 4 ® 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 ® Ordinance #95-05 3of4 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 4of4 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 Page 1 of 2 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 Page 2 of 2 ® 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 3of3 ATTESTED TO: Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: E. 2 Attorney