HomeMy WebLinkAboutOrd 2001-11 TOWN OF FOUNTAIN HILLS
ORDINANCE#01-11
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 5, SECTION 5.06 F
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 ALLOW SWIMMING POOLS AND POOL
ENCLOSURE WALLS AND FENCES TO ENCROACH INTO STREET SIDE-
YARD SETBACKS IF CERTAIN CONTIDIONS ARE MET.
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 allow swimming pools and pool enclosure
walls/fences to encroach into street side-yard setbacks if certain conditions are met,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;
tihre
WHEREAS, The Town of Fountain Hills has rewritten Chapter 5, Section 5.06 F 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
May 9, 16,23 and 30,2001 and on June 6,2001 and;
WHEREAS, Public hearings were advertised in the, and in the May 9, 16, 23 and 30, 2001 and in the
June 6, 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 May
24,2001 and by the Fountain Hills Town Council on June 7,2001.
NOW THEREFORE,BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA AS FOLLOWS:
Section 1, Pursuant to Chapter 2, Section 2.01 of the Zoning Ordinance for the Town of Fountain
Hills, Chapter 5, Section 5.06 F of The Zoning Ordinance for the Town of Fountain Hills
shall be amended as follows, with text to be added shown as - d text to
be deleted shown as uosbed out.
ORDINANCE 01-11
PAGE 1 OF 3
CHAPTER 5
GENERAL PROVISIONS
5.06 Yard,Lot,and Area Requirements.
F. Swimming Pools. Any swimming pool in any zone shall not be located in the required front or
street side yard and shall be at least three (3)feet from 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. However, a new swimming pool and a new pool enclosure fence nr wall (hut not pool
twenty feet(2.n')if all of the following conditions apply
j The property must he located within the"R 1-1(1"Zoning District
The development of a wall or fence must he a part of a new swimming pool building permit
application in order for the wall or fence to be located within the street side-yard setback
A single-family house must have been developed on the property under a building permit
(notnot includinci unenclosed nnrchees nr natincl must have been built between the then
(kw 4.______Isici_paclenclosure_walLiarience_shalljn_the_cipinicailf_the_TowaEngineer_be_pennitted
minimum street side-yard setback line of ten feet (10') and the current street side-yard
within twenty(2(1')feet of a street-side property line if such a wall nr fence
a• Tnfringec on vehicular sight lines and/or is within 50' of a street intersection
b.
c. Would he located in an area that would he needed for fntnre road widening_ silly ew�alks
d. Would he located in an area that would he needed for fntnre ntilit ly ines boxes nr
structures.
e. Ts located_within a roadway"clear 7nne"
f. is needed to convey flood flows
5 If all of the conditions as stated in subsections 1 through d ahnve are met a new swimming
pool and a new pool enclosure fence or wall (hut note ool equipment) may he built while
observing not less than the street side—and setback of between ten feet (10' and twenty
feet (20' as observed by the Single-family house For example if a house in the "R1-1(1"
Inning District was built in 1990 and if one corner of the house was built observing a
twelve (12') street side-yard setback a ne ool enclosure wall nr fence and a new
swimmingpnnl could be built while observing a twelve(17) street sid and setback
ORDINANCE 01-11
PAGE 2 OF 3
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona,this 7th day of June,2001.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
0(1 61311 - 6)1L2A
Sharon Morgan,Mayor Cassie B.Hansen,Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
-y
e J. , .. •
Paul L.Nordin,Town Manager Wi liam E.Farrell,Town Attorney
L
ORDINANCE 01-11
PAGE 3 OF 3