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HomeMy WebLinkAboutOrd 1998-31 L TOWN OF FOUNTAIN HILLS ORDINANCE 98-31 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING CHAPTER 5 SECTION 5.07.E OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS BY AMENDING THE REQUIREMENTS FOR LOCATIONS OF FLAGPOLES FLYING THE AMERICAN, ARIZONA STATE AND/OR TOWN OF FOUNTAIN HILLS FLAGS. 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, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning err ordinance; and WHEREAS, Public hearings were advertised in the October 7, 14, 21, 28 and November 4, 1998. 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 October 22, 1998 and the Mayor and Common Council on November 5, 1998. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1. The Town of Fountain Hills Zoning Ordinance, Chapter 5 Section 5.07.B of the Zoning Ordinance of the Town of Fountain Hills Shall be amended by amending the requirements for locations of flagpoles flying the American, Arizona State and/or Town of Fountain Hills Flags as shown in Exhibit"A". ASS AIL MOTION r6Th 6-- SECOND rnov-3cA. COUNT 1 _p L. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 5th day of November, 1998. FOR HE OWN OF FOUNTAIN HILLS: ATTESTED TO: Sharon Morgan, May r assie B. Hansen, own Clerk REVIEWED BY: APPROVED AS TO FORM: aul . Nordin, Town anager William E. Farrell, wn Attorney L L Ordinance 1998-31 Page 2 of 4 EXHIBIT "A" CHAPTER 5,GENERAL PROVISIONS 5.06 Yard, Lot, and Area Requirements. A. Application. No building shall be erected, nor shall any existing buildings be altered, enlarged, moved, or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot, area and building location regulations hereinafter designated for the zone in which such building or open space is located, except as otherwise specifically provided. l Yards. Except as provided herein, every part of a required yard shall be open to the sky and unobstructed. Trees, shrubbery, etc. and accessory structures as allowed in this ordinance, shall not be considered obstructions. No yard or other open space provided about any building for the purpose of complying with the provisions of these restrictions shall be considered as a yard or open space for any other building and/or yard, nor shall any other open space on one lot be considered as a yard or open space for a building on any other lot. A flagpole as permitted in Section 5.07.B.7 may be located in a required front or street side yard. 5.07 Building Height Requirements. A. Application. No building shall be erected, reconstructed, or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located, except as otherwise specifically provided. 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 conveyors 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. Ordinance 1998-31 Page 3 of 4 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. b. Wireless communications towers and antennas as approved in accordance with the requirements and provisions stated in Chapter 17 of this ordinance. 7. In any zoning district, one flagpole per lot flying the American Flag, Arizona State Flag and/or the Town of Fountain Hills Flag so located and constructed that if it should collapse, its reclining length would be contained on the property on which it was constructed. In any commercial or industrial zoning district, one flagpole flying the American Flag, Arizona State Flag and/or the Town of Fountain Hills Flag may be located per lot in a required front yard or street side yard setback as long as the flagpole does not exceed the building height permitted in the underlying zoning district co, Ordinance 1998-31 Page 4 of 4