HomeMy WebLinkAboutOrd 2004-07 ORDINANCE 04-07
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 1, INTRODUCTION,
SECTION 1.12, DEFINITIONS AND CHAPTER 5, GENERAL PROVISIONS,
SECTION 5.11, LAND DISTURBANCE STANDARDS, OF THE ZONING
ORDINANCE OF THE TOWN OF FOUNTAIN HILLS BY ALLOWING
BASEMENT STRUCTURES TO EXCEED THE MAXIMUM CUT ALLOWED
FROM NATURAL GRADE.
WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22 on
November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the
"Zoning Ordinance"); and
WHEREAS, the Town desires to amend the Zoning Ordinance to allow for the
development of basement structures in excess of the maximum cut depth currently permitted; and
WHEREAS, the Town has published the proposed text changes in The Times of
Fountain Hills and Rio Verde on March 24, 2004; and
WHEREAS, pursuant to ARIz. REV. STAT. § 9-462.04, public hearings were advertised
in the March 24, 2004 edition of The Times of Fountain Hills and Rio Verde; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on April 8, 2004 and by the Mayor and Council of the Town of Fountain Hills (the
,. "Town Council") on May 6, 2004.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. Chapter 1, Introductions, Section 1.12,Definitions, of the Zoning Ordinance
is hereby amended to read as follows:
BASEMENT: A SPACE IN A STRUCTURE THAT IS PARTLY OR WHOLLY BELOW
GRADE.
SECTION 2. Chapter 5, General Provision, Section 5.11, Land Disturbance Standards, of
the Zoning Ordinance is hereby amended to read as follows:
C. Cut and Fill Standards.
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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 any fill or the depth of any 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, UNLESS OTHERWISE PROVIDED IN THIS SECTION. These
limitations may be waived by the Town Council AND, IN THE CASE OF
UNEXPOSED BASEMENT CUTS, MAY BE APPROVED BY THE
ZONING ADMINISTRATOR AS PROVIDED IN SUBSECTION B
BELOW. *10,*12
A. 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 AND AS OTHERWISE PERMITTED IN THIS SECTION.
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 adjacent 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.
B. THE ZONING ADMINISTRATOR MAY APPROVE UNEXPOSED
BASEMENT CUTS EXCEEDING THE MAXIMUM 10' DEPTH IF
THE FOLLOWING CRITERIA ARE MET:
1) THE BUILDING SITE SHALL NOT BE GRADED SO AS TO
CREATE A FLAT, VISIBLE PAD SURROUNDING THE MAIN
RESIDENTIAL STRUCTURE.
2) ALL PORTIONS OF THE CUT IN EXCESS OF TEN FEET
SHALL BE COMPLETELY CONCEALED FROM VIEW AND
RETAINED BY BUILDING WALLS, OR RETAINING WALLS
IN THE CASE OF LIGHT WELLS.
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3) NATURAL GRADE SHALL BE REESTABLISHED IN
ACCORDANCE WITH THE "BUILDING, HEIGHT OF'
DEFINITION OF THIS ORDINANCE.
4) THE TOTAL DEPTH OF CUT SHALL NOT EXCEED 24' AT
ANY POINT (REFER TO DETAIL BELOW).
GRAPHIC DETAIL
30.0'MAX
• HEIGHT ABOVE
.._......._.._...-..._.._....................... NATURAL GRADE
24.0.MAX
IIIIIIIIIIII GRADE RESTORED TO GUT DEPTH
ORIGINAL TOPOGRAPHY
AGAINSTSTBUBVKDING
1_
SVB-GRADE
SUB-GRADE
SECTION 3. This amendment replaces all previous amendments or adoptions to
Chapters 1.12 and 5.11 of the Zoning Ordinance.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of
this Ordinance.
[SEE FOLLOWING PAGES]
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PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, May 6, 2004.
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FOR THE T F'.FOUNTAIN HILLS ATTESTED TO:
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17 .
,/ , ,
,Oiezy -7 7 ii,&\_
W. J. cols, r Bevelyn J. B de , own Clerk
REVIEWED BY: APPROVED AS TO FORM:
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_11/4 K A V. �-
Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney
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