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HomeMy WebLinkAboutOrd 2002-07TOWN OF FOUNTAIN HILLS ORDINANCE 2002-07 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE REQUIREMENTS FOR A GUEST HOUSE IN SINGLE-FAMILY ZONING DISTRICTS IN CHAPTER 10, SECTION 10.02.A and C 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 fer a modification of the requirements for a Guest .House in Single -Family Zoning Districts, and; WHEREAS, The Town of Fountain Hills has rewritten Chapter 10, Section 10.02.A and C 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 10, April 17, and April 24, 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 10, Section 10.02.A and C, 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 2002-07 Page 1 of 5 10.02 Permitted Uses A. In R-190, R143, R1-35, R1-3511, R1-18, R1-10, RI-10A, R1-8, RI-8A, R1-6, and R1-6A Zoning Districts, a building or premises shall be used only for the following purposes: 1. One (1) single-family dwelling per lot of record. 2. Churches, including accessory columbaria provided that the building area of the columbaria shall not exceed ten (10) percent of the total building area of the church building(s). 3. Public schools, kindergarten through the twelfth grade, and private schools with curricula substantially the same as customarily offered in public schools. 4. Public and private forests and wildlife reservations. *4 5. Utility Services, but not including offices, wastewater treatment plants, generating plants, and wireless communication towers and antennas, unless otherwise specifically permitted elsewhere in this ordinance. 6. Publicly or privately owned or operated fire stations, and publicly owned or operated police stations and post offices. 7. Golf courses including club houses located thereon, but not including miniature courses or practice driving tees operated for commercial purposes. 8. Libraries, museums, parks, playgrounds, and community buildings, .provided such uses are conducted on a non-profit basis.. 9. Home Occupations as prescribed in Section 5.14. 10. Home Day Care Center in an operator's residence, with no swimming pool, for five or less people, operation only between the hours of 6:00 A.M. and 8:00 P.M. No signage, or other evidence of a day care center is permitted. One additional off-street parking space is required. 11. Accessory buildings and uses customarily incidental to the above uses. 12. Group Homes for the Handicapped and Elderly Care, provided that: a. No such home is located on a lot that is within one thousand - two hundred (1,200) feet, measured by a straight line in any direction of the exterior lot lines of another group home for the handicapped and elderly care; Ordinance 2002-07 Page 2 of 5 b. No such home contains more than ten (10) residents; Such home is licensed by the State of Arizona Department of Health Services. d. Such home is registered with, and administratively approved by the Community Development Director or designee, as to compliance with the standards of this Ordinance. 13. Guest Houses. attached or detached provided that: a. Structure must conform to all minimum setback requirements b. An attached Guest House may be located in front —of the primary structure if the Guest House is attached by a common wall C. A detached Guest House structure must be located no farther in front of the main structure than '/2 the distance of any one side of the Guest House. d. May -not exceed thirty (30) percent of the square footage of the livable area of the primary structure e. Shall not exceed fifteen (15) feet in height f. A detached Guest House shall not contain any of the following: 1. An attached garage 2. Kitchen facilities (oven or stove). g. Must be connected to primary structure's utilities. and shall not have 220 volt electrical service to any part or common wall, with the exception of a hardwired air conditioning unit. h. May not be used for any commercial or non-residential uses. i. May be appealed by Special Use Permit to Town Council Ordinance 2002-07 Page 3 of 5 Property Line Must remain Setback Line within all setbacks r ----�- -----! --, 1 Example m I Guest House Maximum spacing =1/2 X Length of one side = X Street Ordinance 2002-07 Page 4 of 5 PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this c;�r)6 day of , 2006), FOR THE TOWN OF FOUNTAIN HILLS on Morgan, Mayor REVIEWED BY: 0 'P12 Roy Ped on, cting Town Manager ATTESTED TO: iL Cassie B. Hansen, Director of Administration/Town Clerk APPROVED AS TO FORM: L. � f-.f�p William E. Farrell, Town Attorney Ordinance 2002-07 Page 5 of 5