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HomeMy WebLinkAboutOrd 1997-42 ORDINANCE #97-42 L AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE CHAPTER 5, SECTION 5.07 BUILDING HEIGHT REQUIREMENTS, SUBSECTION B. EXCEPTIONS, OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS BY NOT ELIMINATING EXCEPTIONS FOR INDUSTRIAL CHIMNEYS, SMOKESTACKS, DERRICKS, AND GRAIN ELEVATORS, AND GRANTING EXCEPTIONS FOR CHIMNEYS IN RESIDENTIAL ZONING DISTRICTS TWO FEET ABOVE THE ROOF LINE OF THE RESIDENTIAL STRUCTURE IF THE ROOF LINE, WITHIN 10 FEET OF THE CHIMNEY,IS AT OR NEAR THE MAXIMUM BUILDING HEIGHT. 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 building height exceptions to allow chimneys in residential zoning districts to be two feet above the roof line, if the roof line is at the maximum building height; and WHEREAS The Town of Fountain Hills desires to amend what types of structures should and should not be excepted from the maximum building height regulations; and WHEREAS The procedures detailed in Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain Hills has been followed; and WHEREAS The Town of Fountain Hills has advertised the proposed text changes in the official newspaper of general circulation, The Times of Fountain Hills on October 29, November 5, 12, and 19, 1997 by showing the deletion of certain items within the text of Chapter 5, Section 5.07 of the Zoning Ordinance of the Town of Fountain Hills, in the "strike-out" form, and has shown the additions to the text in large bold letters; and WHEREAS The Planning and Zoning Commission's public hearing and the Town Council's public hearing was advertised in the official newspaper of general circulation, The Times of Fountain Hills on October 29, November 5, 12, and 19, 1997; and WHEREAS Public hearings were held by the Fountain Hills Planning and Zoning Commission on November 13, 1997, and by the Fountain Hills Town Council on November 20, 1997. fir.. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. Revisions to Chapter 5, Section 5.07 of the Zoning Ordinance for the Town of Fountain Hills is amended as follows, with the strikeout areas showing the deletions and the large bold portions showing the additions: CHAPTER 5 GENERAL PROVISIONS 5.07 Building Height Requirements. B. Exceptions. Height regulations established elsewhere in this ordinance shall not apply: 1. In any district, to church spires, belfries, cupolas and domes not for human occupancy; monuments; water towers; flagpoles; provided that such structure shall be so located and constructed that if it should collapse, its reclining length would still be contained on the property on which it was constructed. 2. In any non-residential district, to noncommercial radio or television antennas. 3. In industrial districts, to chimneys, smokestacks, derricks, conveyors, grain elevators, or similar structures wherein the industrial process involved customarily requires a height greater than otherwise permitted, provided that such structure shall be so located and constructed that if it should collapse, its reclining length would still be contained on the property on which it was constructed. 4. In any district, to solar heating or cooling apparatus, the plans of which have been approved by the Zoning Administrator. 5. CHIMNEYS IN RESIDENTIAL ZONING DISTRICTS MAY BE TWO FEET ABOVE THE ROOF LINE OF THE RESIDENTIAL STRUCTURE, EVEN IF THE ROOF LINE IS AT THE MAXIMUM BUILDING HEIGHT. HOWEVER, THERE SHALL BE NO HEIGHT EXCEPTION ALLOWED FOR A CHIMNEY IF THERE IS A TWO FOOT OR GREATER VERTICAL CLEARANCE WITHIN A TEN (10) FOOT RADIUS OF THE CHIMNEY. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this twentieth day of November, 1997. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: otzAz.t,t_ Jerry iles, or Cassie B. Hansen, Town Clerk REVIEWED BY: APPROVED AS TO FORM: /12 21/;Ae4/4.- Paul L. Nordin, Town Manager William E. Farrell, Town Attorney L