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TOWN OF FOUNTAIN HILLS
ORDINANCE 99-27
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, SECTIONS 5.06.B AND 5.07.E OF THE ZONING ORDINANCE
OF THE TOWN OF FOUNTAIN HILLS BY AMENDING THE REQUIREMENTS
FOR SWIMMING POOL SETBACKS AND REVISING WHICH STRUCTURES MAY
EXCEED 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, 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 September 8, 15, 22, 28 and October
6 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 September 23, 1999 and the Mayor and Common Council
on October 7, 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 of the
Zoning Ordinance of the Town of Fountain Hills Shall be amended by amending
the requirements for setbacks for swimming pools and amending 5.07.E
revising which structures may exceed building height as shown in Exhibit
PASS 'AIL 1 ""
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PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this 7th day of October, 1999.
FOR E TOWN OF FOU TAIN HILLS: ATTESTED TO:
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Sharon Morgan, Mayor C•ssie B. Hansen, Town Clerk rWED Y: APPROVED AS TO FORM:
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i‘6 i9iQie_410,.. PYG(AY
aul . Nordin, Town Manager William E. Farrell, Town Attorney
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EXHIBIT"A"
CHAPTER 5
GENERAL PROVISIONS
Section 5.06 Yard,Lot,and Area Requirements
F_ Swimming Pools_ Any swimming pool in any zone shall not be located in the
rea ired front or street side yard shall be at least three (3 feet from the any
rear and interior side lot lines, and shall maintain side yard setbacks from the
street side lot lines as required for the main structure in that zone.
F . Small Accessory Buildings (Detached) . Any detached
accessory building 120 square feet or less in size eeel in any
zone shall not be located in the required front or street side yard, shall be at
least six (6) 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 side yard
setbacks from the street side lot lines as required for the main structure in
that zone.
GH. Large Accessory Buildings (Detached). Any detached accessory building greater
than 120 square feet in size, in any zone, shall not be located in the required.
front, side or street side yard, shall be at least six (6) 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.
141. Solar Units. Solar heating, cooling units,...
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; ffiefridffientst water tanks fie; f4egiaeleet
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.
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and oonotruotod that if it ohould eellapoo, ito roolining longth would
otill bo oentainod on tho proporty on whioh it woo oenotruotod.
34. In any district, to solar heating or cooling apparatus, the plans of
which have been approved by the Zoning Administrator.
46. 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.
56. Wireless communications towers and antennas as approved in
accordance with the requirements and provisions stated in Chapter
17 of this ordinance.
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