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TOWN OF FOUNTAIN HILLS
ORDINANCE 99-15
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 OF THE TOWN OF FOUNTAIN HILLS, BY AMENDING
CHAPTER 5 SECTION 5.06.F & G OF THE ZONING ORDINANCE OF THE TOWN
OF FOUNTAIN HILLS TO AMEND THE REQUIREMENTS FOR ACCESSORY
STRUCTURES, AND BY AMENDING CHAPTERS 1 & 10, SECTIONS 1.12 AND
10.02 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO
REVISE TWO DEFINITIONS AND TO ALLOW GUEST HOUSES IN ANY SINGLE-
FAMILY ZONING DISTRICT BY SPECIAL USE PERMIT, GIVEN CERTAIN
RESTRICTION.
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
ordinance; and
WHEREAS, Public hearings were advertised in the April 7, 14, 21, 28 and May 5, 1999.
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 22, 1999 and the Mayor and Common Council on May
6, 1999.
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 5.06.F & G
of The Zoning Ordinance of the Town of Fountain Hills to amend the
requirements for Accessory Structures, and by amending Chapters 1 & 10,
Sections 1.12 and 10.02 of The Zoning Ordinance for the Town of Fountain
Hills to revise two definitions and to allow guest houses in any single-family
zoning district by Special Use Permit, given certain restrictions as shown in
Exhibit"A".
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PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 6th day of May, 1999.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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Sharon Morgan, Mayor Cassie B. Hansen, Town Clerk
REV ED BY: APPROVED AS TO FORM:
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Paul L. N rdin, Town Manager Wiliam E. Farrell, Town Attorney
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Ordinance 1999-15
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EXHIBIT "A"
CHAPTER 1
INTRODUCTION
1.12 Definitions. For the purpose of this ordinance, certain words and terms used herein
are defined as follows: All words used in the present tense include the future tense;
all words in the plural number include the singular number, all words in the singular
number include the plural number, unless the natural construction of the wording
indicates otherwise. Gender shall be universal, any reference to one gender shall
also implicitly refer to the other gender. The word "shall" is mandatory and not
discretionary. Other words and phrases used in the ordinance shall have the
following meanings:
Building, Accessory: A building or structure that does not share a livable, enclosed
connection to the main building, and that which is subordinate to, and the use of
which is customarily incidental to, that of the main building, structure, or use on the
same lot or parcel.
Guest House: Living or sleeping quarters within an accessory building for the sole
use of occupants of the premises, guests of such occupants or persons employed
on the premises. The accessory building may be attached to or detached from
the main building. Such quarters shall not be rented, and/or otherwise used for
income producing purposes.
CHAPTER 5
GENERAL PROVISIONS
Section 5.06 Yard,Lot,and Area Requirements
F. Small Accessory Buildings (Detached) and Swimming Pools. Any detached
accessory building 120 square feet or less in size or swimming pool in any
zone shall not be located in the required front or street side yard, shall be at
least three six (3§_) feet from the main structure and shall be at least three
(3) feet from the any rear and interior side lot lines, and shall maintain sidc
in that zonc.
G Large Acce�onry Buil___ dings(Detached) Any detached accessory building
greater than 120 square feet in size, in any zone, shall not be located in the
re ire front side or street side yard, shall be at least six (b) feet from the
main structure and shall not be located nearer to any rear lot line a
distance of not less than the required interior side yard setback for that
zoning district.
GH. Solar Units. Solar heating, cooling units,...
Ordinance 1999-15
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CHAPTER 10
SINGLE-FAMILY RESIDENTIAL ZONING DISTRICTS: R-190, R1-43,
R1-35, RI-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-6A
10.02 Permitted Uses.
B. Additional Permitted Uses in the R-190, R1-43, R1-35H, and R1-35 Zoning Districts
1. Corrals for the keeping of horses, provided such corrals are located
in the rear yard, set back from all lot lines a distance of not less than
forty (40) feet and contain at least twenty thousand (20,000) square
feet of area for each horse kept therein. The keeping of horses on
properties located in residential Zoning Districts in other than
permitted corral areas is prohibited.
2-
following conditions exist:
C. Guest Houses are permitted by Special Use Permit in any Single-Family Zoning
District if all of the following conditions exist:
let. Structure must conform to at least minimum setback requirements.
21a. Must be located behind the front line of the primary structure
3e. May not exceed thirty (30) percent of the square footage of the
livable area of the primary structure.
4e1. Shall be single story.
5e. Must be connected to primary structure's utilities.
(f. The lot or parcel must be at least 70,000 square feet in size twice the
7g. May not be used for any commercial or non-residential uses.
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