HomeMy WebLinkAboutOrd 2018-15 ORDINANCE NO. 18-15
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING SECTION 5.06.G. OF THE
FOUNTAIN HILLS ZONING ORDINANCE RELATING TO LARGE
DETACHED ACCESSORY BUILDINGS IN SINGLE-FAMILY
RESIDENTIAL ZONING DISTRICTS; AMENDING SECTION 1.12 TO
CREATE DEFINITIONS OF THE TERMS ACCESSORY BUILDING,
PRINCIPAL BUILDING, FRONT PLANE OF A PRINCIPAL BUILDING,
AND STREET SIDE PLANE OF A PRINCIPAL BUILDING; AND
AMENDING SECTIONS 5.06.F., 5.06.H., 5.09.B., 10.03.A.8., AND
15.03.A.8. FOR CONSISTENCY
RECITALS:
WHEREAS, the Town of Fountain Hills (the `Town") adopted Ordinance No. 93-22 on
November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills
(the "Zoning Ordinance"); and
WHEREAS, the Mayor and Council of the Town (the "Town Council") has determined it
is in the best interests of the Town to amend the Zoning Ordinance to amend requirements
for Large Accessory Buildings on Corner Lots and in front of the Front Plane of a Principal
Building; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz. REV. STAT.
§ 9-462.04, public hearings were advertised in the November 21, 2018, and November
28, 2018, editions of the Times of Fountain Hills; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on December 6, 2018, and by the Town Council on December 18, 2018.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS as follows:
SECTION 1 . The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Fountain Hills Zoning Ordinance Chapter 5 (General Provisions),
Section 1 .12 is hereby amended to read as follows:
Building, Accessory: A building that does not share a livable, enclosed connection to
the principal building and that is subordinate to, and the use of which is customarily
incidental to, that of the main principal building on the same lot or parcel.
ORDINANCE NO. 18-15 PAGE 2
Building, Principal: A building in which is conducted the principal use of the lot on which
the building is situated. In any residential district, any dwelling shall be deemed to be the
main building of the lot on which the same is situated. Guest houses or other accessory
buildings with sleeping quarters shall not be considered a principal building.
Front Plane of a Principal Building: A line running parallel to the front lot line and which
touches the point of the principal building closest to the front property line.
Street Side Plane of a Principal Building: A line running parallel to the street side lot
line and which touches the point of the principal building closest to the street side property
line.
SECTION 3. The Fountain Hills Zoning Ordinance Chapter 5 (General Provisions),
Section 5.06. is hereby amended to read as follows:
F. Small Accessory Buildings (Detached):
Any detached accessory building of one-hundred-twenty (120) square feet or less
in size in any residential zone shall not be located in the front or street side yard,
shall be at least six (6) feet from any other building the primary, shall be at least
three (3) feet from any rear and interior side lot lines, shall be located behind the
front plane of the primary principal structure building and behind the street side
plane of the primary principal structure building on the street side of a corner lot,
and shall not exceed twelve (12) feet in height.
G. Large Accessory Buildings (Detached):
Any detached accessory building !'beater than 120 square feet in size, shall not be
located in any building setback, shall be at least six(6)feet from the main structure,
shall be located behind the front line of the primary structure on the front, and
behind the street side of the primary structure on the street side of a corner lot,
and shall not exceed fifteen (15) feet in height.
1. Any detached accessory building greater than one-hundred-twenty (120)
square feet in size in any residential zone:
a. Shall not be located in any building setback, except as outlined in G.3
below;
b. Shall be at least six (6) feet from any other building;
c. Shall not exceed fifteen (15) feet in height;
d. Shall not exceed thirty (30) percent of the square footage of the
footprint of the livable area of the principal building;
e. Shall not contain kitchen facilities (oven or stove);
ORDINANCE NO. 18-15 PAGE 3
f. Shall be connected to the principal building's utilities, and shall not
have 220-volt electrical service to any part or common wall, with the
exception of a hardwired air conditioning unit;
g. Shall not be located between the street side plane of the principal
building and the street side lot line.
2. Any detached accessory building greater than one-hundred-twenty (120)
square feet constructed in front of the front plane of the principal building in
any residential zone:
a. Shall be completely enclosed;
b. Shall be constructed of materials and of a color that are the same as
the principal building;
c. Cannot have any overhead garage doors facing any street front;
3. On corner lots in Single-Family Residential Zoning Districts (R1-6, R1-6A, R1-
8, R1-8A, R1-10, R1-10A only), Any detached accessory building greater
than one-hundred-twenty (120) square feet may be located within the rear
yard setback, but shall be no closer to the rear lot line than a distance equal to
the zoning district's side yard setback, as set forth in Chapter 10 of this Zoning
Ordinance. All other zoning and subdivision regulations must be met.
Street side plane of
-principal building on Small
corner lots accessary
building
Property line 3'Min
See Section G.3.for Setback line
large accessary
buildings In rear yard --- ��H', L3'Min
b
setbacks on corner r 1 ■
lots r 1 ■
I I - - — - - - -' I
■
r 1 1 ■
I
Minimum r ella I 1 a
six feet a I 14 \)* ■ Front plane of
between / I
I principal building
buildings
r I 1Xi' ■
■ 1 - .. ■
N / \ I --� Large accessary
Front plane of I building
principal building a I I I ■
I
1----_ --.- -sl. - Setback line
Street
ORDINANCE NO. 18-15 PAGE 4
H. Solar Units:
Solar heating, cooling units, solar greenhouses and associated apparatus shall be
located behind the front lineplane of the pr aryprincipal structure building, and
behind the street side plane of the primary principal structure building on the street
side of a corner lot, shall not cover more than thirty (30) percent of any side or rear
yard, shall be at least three (3) feet from any rear and side lot lines, shall be at
least six (6) feet from any other structure, and shall not exceed twelve (12) feet in
height. With the exception of the solar panels, any solar heating or cooling unit
shall be screened from pula io street view. An application for a Solar Unit that does
not meet the above requirements may be app aled to granted by the Town Council
by Special Use Permit only.
SECTION 4. The Fountain Hills Zoning Ordinance Chapter 5 (General Provisions),
Section 5.09. is hereby amended to read as follows:
Arches: When not located in any required building setback area, an arch in a facade wall
may be placed in front of the front plane of the primary principal structure building at a
height not to exceed twelve (12) feet and a width not to exceed ten (10) feet. One arch,
not exceeding twelve (12) feet in height and ten (10) feet in width, may be located along
the side or the rear of the primary principal structure building if it is not located in the side
(interior or street) and required rear yard setback areas.
SECTION 5. The Fountain Hills Zoning Ordinance Chapter 10 (Single Family Residential
Zoning Districts) is hereby amended to read as follows:
10.02.A.13. Guest Houses, attached or detached, provided that:
a. The Structures structure must conform to all minimum setback requirements.
b. An attached Guest House may be located in front of the primary principal structure
building if the Guest House is attached by a four (4)- foot wide common wall or
doorway.
structure than 1, the distance of any ono side` of the Guest House.
d c. May Shall not exceed thirty (30) percent of the square footage of the footprint of
the livable area of the primary structure principal building.
ed. Shall not exceed fifteen (15) feet in height.
f e. An detached attached Guest House shall not contain any of the following:
1 . An attached garage.
2. Kitchen facilities (oven or stove).
ORDINANCE NO. 18-15 PAGE 5
g-f. Must be connected to primary principal structure's building's utilities, and shall not
have two-hundred-twenty (220) volt electrical service to any part or common wall,
with the exception of a hardwired air conditioning unit.
h g MayShall not be used for any commercial or non-residential uses.
Section 10.03.A.8. No playground equipment, ornamental figures, or designs denoting a
Day Care Center shall be allowed in front of the-house-line front plane of the principal
building.
SECTION 6. The Fountain Hills Zoning Ordinance Chapter 5 (General Provisions),
Chapter 15 is hereby amended to read as follows:
Section 15.03.A.8. No playground equipment and, ornamental figures, or designs
denoting a Day Care Center shall be allowed in front of the house lino front plane of the
principal building.
SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 8. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to execute all documents and take all steps necessary to
carry out the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, this 15th day of January, 2019.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
( 1 � ,��
Ginn Dicke ', Mayor lizab A. Burke, To lerk
REVIEWED BY: APPROVED AS TO FORM:
Grady . Mille Town Manager Aaron D. Arnson, wn Attorney