HomeMy WebLinkAboutOrd 2001-06 TOWN OF FOUNTAIN HILLS
ORDINANCE#01-06
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL
OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING
CHAPTER 1, SECTION 1.12 OF THE ZONING ORDINANCE FOR
THE TOWN OF FOUNTAIN HILLS PURSUANT TO CHAPTER 2,
SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN
OF FOUNTAIN HILLS TO AMEND THE DEFINITION OF
"BUILDING, HEIGHT OF" SO THAT BUILDINGS WITH
BASEMENTS OR WITH ONE-SIDED WALK-OUTS ARE
MEASURED FROM PRE-EXISTING GRADE AND NOT FROM
THE BASEMENT OR WALK-OUT FLOOR PAD GRADE.
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 definition of"Building,Height Of"so
that buildings with basements or one-sided walk-outs are measured from pre-existing
grade and not from the basement or walk-out floor pad grade, 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 Chapter 1, Section 1.12 of The Zoning
Ordinance for 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
December 27,2000,and on January 3, 10,and 17,2001 and;
WHEREAS, Public hearings were advertised in the, and in the December 27, 2000 and in the January 3,
10 and 17, 2001 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
January 11,2001 and by the Fountain Hills Town Council on January 18,2001.
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS:
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Section 1. Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain
Hills, Chapter 1, Section 1.12 of The Zoning Ordinance for the Town of Fountain Hills
shall be amended as follows, with text to be added shown as double-underlined and text to
be deleted shown as crossed-ems
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, Height Of: The vertical distance measured at any point from the natural, pre-existing
grade level or proposed grade. whichever is lower, to the highest point of the structure directly
If the structure
is located in a platted subdivision where grading was done as a part of the subdivision's
improvements, the building height shall be the vertical distance measured at any point from the
finished grade as shown on the subdivision grading plans or the natural. pre-subdivision grade,
' whichever is lower3, to the highest
point of the structure . If the structure has a basement. where the
Lir basement floor pad grade is lower than the preexisting grade and where all exterior walls to the
basement are completely back-filled to the pre-existing grade and no ingress or egress is proposed
directly from the basement to the exterior of the building, building height shall be measured at any
point along the pre-existing grade to the highest point of the structure above that point. If the
structure is proposed as a walk-out. where the all of the walk-out or lower floor oad • ade is lower
than the preexisting grade and where ingress and egress is proposed on only one side of the walk-
out floor and the where the other non-walk-out sides of the walk-out floor are completely back-
filled to the nre-existing rade and no ingress or egres rom the non-walk-out
sides of the walk-out floor to the exterior of the building. building height above the walk-out level
shall be measured at any point along the pre-existing grade to the highest point of the structure
above that point. In the event that terrain problems prevent an accurate determination of height,the
Zoning Administrator shall rule as to height and appeal from that decision shall be to the Board of
Adjustment.
ORDINANCE 01-06
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Section 1. Pursuant to Chapter 2,Section 20.1 of The Zoning Ordinance for the Town of Fountain
Hills,Chapter 1,Section 1.12 of The Zoning Ordinance for the Town of Fountain Hills shall
be amended as follows,with text to be added shown as double-underlined and text to be
deleted shown as crossed out.
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,Height Of: The vertical distance measured at any point from the natural,pre-existing
grade level or proposed grade,whichever is lower,to the highest point of the structure directlyabove
tw l grade ..h� eh struct t to latted subdivision If the structure is
S__:__�_A� ..___________ _ _-_[QrC ij i[oc IOCQCCQ iiz Q OSCiCCCQ swvw...v.vu.
located in a platted subdivision where grading was done as a part of the subdivision's improvements,
the building height shall be the vertical distance measured at any point from the finished grade as
shown on the subdivision grading plans or the natural.pre-subdivision grade,€ edde-as
how„oii th i diyidual lot's grading-pla,(whichever is lower),to the highest point of the structure
directly above the finished g- d . If the structure has a basement.where the basement floor pad
grade is lower than the preexisting grade and where all exterior walls to the basement are completely
back-filled to the pre-existing grade and no ingress or egress is proposed directly from the basement
to the exterior of the building,building height shall be measured at any point along the pre-existing
grade to the highest point of the structure above that point. If the structure is proposed as a walk-out,
where the walk-out or lower floor pad grade is lower than the preexisting grade and where ingress
and egress is proposed on only one side of the walk-out floor and the where the other non-walk-out
sides of the walk-out floor are completely back-filled to the pre-existing grade and no ingress or
egress is proposed directly from the non-walk-out sides of the walk-out floor to the exterior of the
building,building height above the walk-out level shall be measured at any point along the pre-
existing grade to the highest point of the structure above that point. In the event that terrain problems
prevent an accurate determination of height,the Zoning Administrator shall rule as to height and
appeal from that decision shall be to the Board of Adjustment.
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ORDINANCE 01-06
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PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
libor Arizona,this 18th day of January,2001.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
o)44,0,Lei
Sharon Morgan,Mayor Cassie B. Hansen,Town Clerk
REV W D BY: APPROVED AS TO FORM:
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Paul L.Nordin,Town Manager William E.Farrell,Town Attorney
ORDINANCE 01-06
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