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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. L 91%.001l.\ZO-TA Cut-fill.ord.doc 5-7-04-1 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. 9196.0011.\ZO-TA Cut-fill.ord.v2.doc 5-18-04-1 2 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] 9196.001\.\ZO-TA Cut-fill.ord.v2.doc 5-18-04-1 3 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, May 6, 2004. Ly ` . i ; FOR THE T F'.FOUNTAIN HILLS ATTESTED TO: i 17 . ,/ , , ,Oiezy -7 7 ii,&\_ W. J. cols, r Bevelyn J. B de , own Clerk REVIEWED BY: APPROVED AS TO FORM: n _11/4 K A V. �- Timothy G. Pickering, Town Manager Andrew J. McGuire, Town Attorney L (1610. 9196.001\..\ZO-TA Cut-fill.ord.v2.doc 5-18-04-1 4