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HomeMy WebLinkAboutOrd 2002-16TOWN OF FOUNTAIN HILLS ORDINANCE 02-16 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 5, SECTION 5.11.B.1 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS TO CLARIFY THE AMOUNT OF CLEARING OR GRADING THAT CAN BE DONE FOR FIRE SAFETY REASONS. 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 5.1 LB.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 October 9, October 16, and October 23, 2002, and; WHEREAS, Public hearings were advertised in the October 9, October 16, and October 23, 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 October 24, 2002 and by the Fountain Hills Town Council on November 21, 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.B.1 of The Zoning Ordinance for the Town of Fountain Hills shall be amended as follows, with text to be deleted shown as str-iletreogh and text to be added shown as double -underlined: B. Grading Standards 1. Grading_ permits. Thefe shall be No person shall cause or permit anv clearing or grading on, or to, any site other than soil tests (100 square feet maximum in size) prior to the issuance of a zoning clearance or a clearing or grading permit. Brushing (te Ordinance 02-16 Page 1 of 2 f:efnave gr-ass, weeds and other- undesir-able vegetation) whieh fRay pr-eseat a patential fire hazaFd Anv brushing. clearing, or grading in all zoning districts. on anv vacant lots or on developed lots in non -disturbance areas or Hillside Protection Easements, shall require a grading permit and shall be pre -approved by the Town's Fire Marshal or authorized representative. In no case shall any brushing. clearing, or grading extend further than a defensible space which shall be defined as. and shall be limited to, a band of land measured horizontally up to a maximum of thirty (30) feet from any structure. Any cacti. shrub or plant in the defensible space shall not be removed unless identified as dead by the Fire Marshal Dead trees in the defensible space shall be removed. Live vegetation beneath trees within the defensible space shall not be removed, but should be maintained at a height that will deter its functioning a$a "ladder" for fire to travel from the ground vegetation into the tree crown. Live vegetation within the defensible space shall have all dead material removed and should be thinned and pruned to reduce fire intensity and rate of spread. Owners of vacant lots shall provide a defensible space from an adjoining property owner's structure per written recommendations determined from an on -site inspection from the Fire Marshall or authorized designee. Any clearing for a defensible space that extends into a non -disturbance area or into a Hillside Protection Easement area i prohibited without prior written authorization from the Fire Marshal or authorized designee after n on -site inspection of the area Any clearing of a vacant lot is prohibited unless the clearing i for a defensible space to an adjoining structure as outlined previously in this subsection 5.113— Elimination of wildlife habitat for protected species is _prohibited. A person found guilty of violating the provisions of this subsection 5.11.B 1 shall be subject to the penalties established in Section 5.11.B.12.b of the Town of Fountain Hills Zoning Ordinance. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 21st day of November, 2002. FOR THE TOWN OF FOUNTAIN HILLS ATTESTED TO: Tim U. Pickering, Town Manager ('A4,4_4A'U_ i44t,4� assie B. Hansen, Director of Administration/Town Clerk APPR VED AS TO FORM: YA,�t= — A f - Andrew Mc uire, Town Attorney Ordinance 02-16 Page 2 of 2