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HomeMy WebLinkAboutOrd 1995-07® 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 ® 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_retaming or not), ee fence or hedge; more than three (3) feet six (6) inches high shall be constructed or maintained nearer to the front::bi street side property line than the required front or street side building setback line. Fences o; 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, or within Industrial Zoning Districts, when a special use permit has been secured for such purposes. Ezcopt as o;hervvise provided non-reiaitiifig wall or. fence _snail exceed:"six (6) feetrn_height - Retainutg.wall_°heights and non:tetatmng walls on top_o# retauting _walls with less than fifty_(50) Ordinance #95-07 1 of 3 El 11 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 an ordince. Note- Those utility (*V 3111 whi&.are rekulated by the Arizona Corporation Con-ffrusssion bd* . ­ - ... . . I ­ ..... may .. allowed increased fence heiklits due to national; "state or local'standards. B. FeRee and Wall Setbaek. Penees ef: fFeestmdjflg wa4s aFe not te exeeed a height of 64ee (3) feet si* (6) inehes in afly requifed fteRt yffd er- requ4ed sffeet side 5,afd whoij the jef abilfs & key 19t; &Rd FjeE to exeeed a height ef si* (64 feet in FequiFed swe eF Fee.- yaf& en the 19f. M =I 6 (1.2):feet a zdiiig twelv6:(12) not, to Vic -height.4it as arch a height loyfeet. Yfeet.in miicture fired rear 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 Freestaitding:'feuees 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). Any *staBdingjeftce'*with less than fifty_ perqent....(501c) riess, and isi166*i6d. on orr-within included m­;there­ fi6liht If the face of a building is withitl_ fifteen 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 j El 2. Terraced Walls. Any terraced retaitting`wall and freest_ ariding_fence with less ;than_ fifty percent. (50%) openness wtthtn the: avetage height of the highest wall;bn. the saaie:properry-shall be calctilated as one height andbes'dbjeci to the retaining wall height Uniitanons of Section 5.11.E.4 If two retaining walls, and freestanding fences with fifty :percent (50°k):or.:greater, openness, are separated by a landscaped terrace of a width at least eee 13e1€ the average height of the beanding highest walls, then each wall and/or ferice shall be considered as a separate reEg 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. FOR THE TOWN OF FOUNTAIN HILLS: Jo". Cutilfo, Mayor BY: Nordin, Town Ordinance #95-07 3 of 3 ATTESTED TO: Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: E. Farrell, Town Attorney