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Home My WebLink AboutOrd 1995-29TOWN OF FOUNTAIN HILLS ® ORDINANCE #95-29 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 5 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY AMENDING SECTION 5.11(B) AND 5.11(C), PURSUANT TO CHAPTER 2, SECTION 2.01 OF ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS. 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, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, provides for a procedure to amend said ordinance, and; WHEREAS, The Town of Fountain Hills desires to include the term "building" in addition to the term "house" within the Town's grading standards for individually -platted lots, and; ® WHEREAS, The Town of Fountain Hills desires to clarify and redefine the types of roadways that may be exempted from certain requirements of Chapter 5 of the Zoning Ordinance for the Town of Fountain Hills, and; l WHEREAS, The Town of Fountain Hills desires to apply limitations on excessive cut and fill grading to all zoning districts, and; WHEREAS, The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills have been followed, and; WHEREAS, The Town of Fountain Hills has rewritten the text of Chapter 5 of the Zoning Ordinance of the Town of Fountain Hills and published these proposed text changes in the official newspaper of general circulation, The Times of Fountain Hills and Rio Verde on July 12, 1995, July 19, 1995, July 26, 1995 and August 2, 1995, and; WHEREAS, Public hearings were advertised in the July 12, 1995, July 19, 1995, July 26, 1995 and August 2, 1995, editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and; ORDINANCE 95-29 PAGE 1 OF 5 PASS FAIL 3 - gs MOTION SECOND COUNT y-� Caf�l/J, I—aawrencc, �t%ai ® WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on July 27, 1995 and by the Fountain Hills Town Council on August 3, 1995. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, Section 5.11(B) of the Zoning Ordinance for the Town of Fountain Hills shall be amended to include the term "building" in addition to the term "house" within the Town's grading standards for individually -platted lots, and; Section 2. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, Section 5.11(B) of the Zoning Ordinance for the Town of Fountain Hills shall be amended to clarify and redefine the types of roadways that may be exempted from certain requirements of Chapter 5 of the Zoning Ordinance for the Town of Fountain Hills, and; - Section 3. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills, Section 5.11(C) of the Zoning Ordinance for the Town of Fountain Hills shall be amended to apply limitations on excessive cut and fill grading to all zoning districts, as follows: CHAPTER 5 GENERAL PROVISIONS 5.11 Land Disturbance Standards B. Grading Standards. 1. Grading permits. There shall be no clearing or grading on, or to, any site other than soil tests (100 square feet maximum in size) prior to the issuance of a zoning clearance and prior to the issuance of a clearing or grading permit. Brushing (to remove grass, weeds and other undesirable vegetation) which may present a potential fire hazard, requires no permit. ® ORDINANCE 95-29 PAGE 2 OF 5 2. Grading of Unplatted Land. Subjeet to he-e^n �^^^^ of paragraphs _* G of • his s The area permitted to be disturbed on any unplatted land within Fesidentiad zoning districts, is unlimited on terrain sloping less than fifteen percent (15%). Disturbance on slopes equal to or exceeding fifteen percent (15%) is limited to the percentage equivalent to the "lot coverage percentage" prescribed in the zoning district. 3. Grading of Individual Platted Lots. The extent of disturbance on a lot shall be limited to either of the following: (Lots owned by utility companies which are regulated by the Arizona Corporation Commission are exempt from the lot disturbance limitations of this subsection.) a. Four 4) times the size of the foot print tprint of the house or:=tiaiiding, (including the pad for the house oi� biiiiding). Footprint means that area of the house 0_r, building 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 house or : building). 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. A twenty (20) foot wide band of primary driveway access is excluded from the land disturbance area limitations. b. All of the areas which have a slope of less than fifteen percent (15%) and to the percentage of the aggregate area with a slope of fifteen percent (15%) or greater that does not exceed the maximum lot coverage allowance as prescribed in the respective primary zoning district. A twenty (20) foot wide ban of primary driveway access is excluded from the land disturbance area limitations. All grading and/or disturbance authorized by this subsection is considered to be cumulative as of September 20, 1991. 4. Grading for Non -Residential Structures. The limitations in grading area for non-residential structures in residential zoning districts as specified in paragraphs B.2. through BA., may be waived by the Town Council. ® ORDINANCE 95-29 PAGE 3 OF 5 ® 5. Grading for Parks and Golf Courses. The limitations in disturbance as specified in this section (including area of disturbance as well as height and retention of cut and fill) may be waived by the Town Council for the development of a park, golf course, or other recreational development that does not entail a building or buildings as the primary purpose of the development. 6. Grading for Utility Lines. With the exception of power lines capable of carrying 69kv or more of voltage, 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. 7. Road Grading. Grading for public roads or_pnvate roads meeting public load"s[anda=ds is not subject to the limitations of this ordinance, but shall be as prescribed by the Town Engineer, the adopted building code, and the Community Development Department. Furthermore, disturbance as a result of road grading shall not reduce the allowances permitted on platted lots, as prescribed in paragraphs B.3. and BA. of this section. 8. Total Disturbance. All grading and/or disturbance performed subsequent to September 20, 1991, or subdivision improvement grading (whichever ® date is most recent) is considered to be cumulative under this ordinance. C. Cut and Fill Standards. Importation of Fill Material. 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. Exportation of Excavated Material. Prior to the exportation of any material from a site, a proper location for such material must be identified in order to secure a grading permit to remove such material. 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, 1991, 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, 1991. 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 if the property was platted after September 20, 1991, has a gradient of fifteen percent (15%) or more, the maximum ® ORDINANCE 95-29 PAGE 4 OF 5 E 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, 1991, 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 readway grading f6r the construction o. .1. 04c'roads or ..:pnvate_,roads meeting ipublic road ...standards, 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, 1991, shall not be greater than ten (10) feet regardless of whether the fill or cut is retained, unretained, or a combination thereof. ThE ':LiinlEtions�**6'n-i:iit:*'an�d'fffl-a'-'p-pI"' 'all Z6n-'- ;,— —_9 ---a------ apply t :—o in DisffidtkThis limitation may be waived by the Town Council. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 3rd day of August, 1995. FOR THE TOWN OF FOUNTAIN HILLS: FI71"no", � Cudflo, mayor REVIEWED BY: ATTESTED TO: �,6 Cassie B. Hansen, Town Clerk APPROVED AS TO FORM: 6�- Town Manager William E. Farreil, Town Attorney ORDINANCE 95-29 PAGE 5 OF 5