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)
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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.
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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
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ATTESTED TO:
Cassie B. Hansen, Town Clerk
APPROVED AS TO FORM:
E. Farrell, Town Attorney