HomeMy WebLinkAboutOrd 1997-15 TOWN OF FOUNTAIN HILLS
r,. ORDINANCE #97-15
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, LAND DISTURBANCE STANDARDS,
PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE 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 amend its regulations that apply to land
disturbance, so that only single-family zoned platted lots may utilize the "Four
Times The Footprint" method of calculating hillside disturbance limitations, and;
WHEREAS, The Town of Fountain Hills desires to amend its regulations that apply to land
disturbance, so that all unplatted land is required to comply with the hillside
disturbance regulations of The Subdivision Ordinance for the Town of Fountain
Hills, 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 March 26, 1997 and on April 2, 9 and 16, 1997, and;
WHEREAS, Public hearings were advertised in the March 26, 1997 and in the April 2, 9 and
16, 1997 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 April 10, 1997 and by the Fountain Hills Town Council on April 17, 1997.
ORDINANCE 97-15
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NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL
thilv 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 of the Zoning Ordinance for the Town of Fountain
Hills shall be amended 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.
2. Grading of wed Non Single-Family Zoned Platted Land. The area
permitted to be disturbed on any non-single-family zoned eplatted land
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 ofd44€1tral Single-Family_Residential Zoned Platted Lots Land.
In all single-family residential zoning districts the extent of disturbance on
a lot platted land where the plat application was made and accepted by the
Town or Maricopa County before November 3, 1996 shall be limited to
the following: (Lots owned by utility companies which are regulated by
the Arizona Corporation Commission are exempt from the lots disturbance
limitations of this subsection).
ORDINANCE 97-15
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(a) On lots located in subdivisions where applications were made and
accepted before November 3, 1996:
(4-A) Four (4) times the size of the footprint of the house or building,
(including the pad for the house or building). Footprint means that
area of the house or 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). A twenty (20)
foot wide ban of primary driveway access is excluded from the
land disturbance area limitations, or;
(SA) 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.fb Grading of All Platted Land, Regardless of the Base Zoning District, that
is Located in Plats Where Ap slications Were Made and Accepted b the
Town After November 3, 1996. The extent of disturbance shall be limited
to:
accepted after November 3, 1996:
(4-A) When the subdivider has granted a Hillside Protection Easement(s)
and/or has donated undisturbed hillside land zoned Open Space
Recreational, to the Town of Fountain Hills or to a Town approved
land preservation organization to satisfy the hillside protection
requirements of Article V of The Subdivision Ordinance of the
Town of Fountain Hills, all areas outside of the Hillside Protection
Easements and/or preservation lands may be disturbed, or;
(SA) When no preservation measures have taken place in the platting
process, the disturbance allowance shall be in accordance with the
grading limitations of Article V, Section 504.A. of The Subdivision
Ordinance of the Town of Fountain Hills.
ORDINANCE 97-15
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5. Gradin. of All Unplatted Land, Re•ardless of the Base Zonin. District.
The extent of disturbance shall be in accordance with the grading
limitations of Article V, Section 504.A. of The Subdivision Ordinance of
the Town of Fountain Hills.
Section 2. Effective Date. The requirements of Section 1, above, shall apply to all requests
for building or grading permits filed with the Town of Fountain Hills beginning
on August 15, 1997.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 17th day of April, 1997.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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Je Mi , Mayor Cassie B. Hansen, Town Clerk
fir, REVIEWED BY: APPROVED AS TO FORM:
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Paul L. rdin, Town Manager William E. Farrell, Town Attorney
ORDINANCE 97-15
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