HomeMy WebLinkAboutOrd 2002-15TOWN OF FOUNTAIN HILLS
ORDINANCE 02-15
AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING
CHAPTER 5, SECTION 5.11.C.4 OF THE ZONING ORDINANCE
FOR THE TOWN OF FOUNTAIN HILLS TO ALLOW THE HEIGHT
OF CUT OR FILL AREAS TO EXCEED TEN FEET IN SINGLE-
FAMILY RESIDENTIAL ZONING DISTRICTS, IF THE AREA IS
COMPLETELY CONCEALED BENEATH THE FOOTPRINT OF
THE MAIN RESIDENCE, AND THE AREA DOES NOT EXCEED
FIVE PERCENT (5%) OF THE FOOTPRINT OF THE MAIN
RESIDENCE.
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 grading standards, and;
WHEREAS, The Town of Fountain Hills has rewritten Chapter 5, Section 5.11.C.4 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 August 21, August 28, and September 4, 2002,
and;
WHEREAS, Public hearings were advertised in the August 21, August 28, and September 4,
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 September 12, 2002 and by the Fountain Hills Town Council on
September 19, 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 5.11.C.4 of The Zoning Ordinance for the
Town of Fountain Hills shall be amended as follows, with text to be deleted
shown as str-ikethr-eugh and text to be added shown as double -underlined:
Ordinance 02-15
Page 1 of 2
4. Limitations on Cut and Fill. The height of any fill or the depth of any cut area, as measured
from natural grade, shall not be greater than ten (10) feet regardless of whether the fill or cut is
retained, unretained, or a combination thereof. The total combined height of fill or the depth of
cut area as a result of subdivision improvement grading and/or any subsequent grading, including
but not limited to grading approved as a part of building permit approval, shall not total more
than ten (10) feet, as measured from natural grade.
In addition to the foregoing, in single-family residential zoning districts, an area not to exceed
five percent (5%) of the footprint of the main structure on the lot will be exempt from cut and fill
limitations if the exempted area is completely concealed beneath the footprint of the main
structure The footprint shall be defined as any portion of the main structure under roof. All
separate small areas beneath the main structure shall be aggregated into one computation not to
exceed the five percent (5%) exemption. Any exterior wall or retaining wall adiacent to the
exempted cut or fill area shall conform to the height limitation of the zoning district. No
exemption from the maximum ten (10) foot limitation will be allowed in any zoning district for
cut or fill areas located in any setback, yard or non -disturbance area, and no exemption can be
used to obtain greater building or wall height than allowed in the zoning district. No exemptions
from the maximum ten (10) foot limitation shall be allowed for accessory structures or guest
house structures. No grading for cut or fill shall alter the natural drainage pattern and water
volume exiting the property as determined and approved by the Town Engineer.
These limitations may be waived by the Town Council.
PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills,
Arizona, this /I day of , 2002
FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO:
'4�4 LL,4-�
Cassie B. Hansen,
Director of Administration/Town Clerk
APPROVED AS TO FORM:
ri I - Kit—v'
Andrew Mc uire, Town Attorney
Ordinance 02-15
Page 2 of 2