HomeMy WebLinkAboutOrd 2002-06TOWN OF FOUNTAIN HILLS
ORDINANCE 2002-06
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE
HEIGHT LIMITATIONS FOR RETAINING WALLS IN THE FRONT
YARD SETBACK IN CHAPTER 5, SECTION 5.09.A.1 OF THE ZONING
ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS.
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 regulations to allow for a
modification of the requirements -for the height of retaining walls in the front
yard setback, and;
WHEREAS, The Town of Fountain Hills has rewritten Chapter 5, Section 5.09.A.1 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 April 3, April 10 and April 17, 2002, and;
WHEREAS, Public hearings were advertised in the April 3, April 10, and April 17, 2002
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 25, 2002 and by the Fountain Hills Town Council on May
2, 2002.
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 5.09.A.1, of The Zoning Ordinance for the Town
of Fountain Hills shall be amended as follows, with text to be added shown as
double -underlined:
Ordinance 2002-06
Page 1 of 3
5.09 Walls and Fences.
A. Height.
1. Except as otherwise provided, no wall (whether retaining or not), fence or hedge, more
than three (3) feet six (6) inches high shall be constructed or maintained nearer to the front or
street side property line than the required front or street side building setback line. Retaining
walls that lie within the front or street side yard may be allowed to a maximum height of six (6)
feet if all of the following three (3) criteria are met:
1. The retaining wall is on a slope gradient that is lower in elevation than the finished
roadway surface.
2. The retaining wall does not exceed three and one-half (3'/2) feet above an ima ig nary
line created by a horizontal extension of the roadway finished surface.
3. No vehicular sight lines are obstructed and road "clear zones" are established that
shall be approved by the Town Engineer and meet with approved Traffic
Engineering Standards.
retaining
curb roadway curb fill wall
' Labove
ff
______d
front yard setback
property
line
Max 6ff
total wall
height
Fences or hedges which exceed the above heights may be built around schools and other public or
quasi -public institutions when necessary for the safety or restraint of the occupants thereof, within
Industrial Zoning Districts, when a special use permit has been secured for such purposes.
Except as otherwise provided, no non -retaining wall or fence shall exceed six (6) feet in height.
Retaining wall heights and non -retaining walls on top of retaining walls with less than fifty (50)
percent openness, shall follow the standards in Section 5.1 LE. of this chapter, however in no case
shall the non -retaining wall exceed six (6) feet in height. These height regulations shall not apply
when fences of greater height are required by the Planning and Zoning Commission or Town
Council in order to provide adequate screening as required by this ordinance. Note: Those utility
companies which are regulated by the Arizona Corporation Commission may be allowed
increased fence heights due to national, state or local standards.
Ordinance 2002-06
Page 2 of 3
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this n�- day of M11,, 2p�
FOR TH T WN OF FO
Sharon Morgan, Mayor
VIEWED BY:
AIN HILLS
Acting Town Manager
A
ATTESTED TO:
LA�4
Cassie B. Hansen,
Director of Administration/Town Clerk
APPROVED AS TO FORM:
William E. Farrell, Town Horney
Ordinance 2002-06
Page 3 of 3