HomeMy WebLinkAboutOrd 2020-13 ORDINANCE NO. 20-13
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE
TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, SECTION
1.12 BY CHANGING THE DEFINITION OF DWELLING UNIT,
SECTION 5.06 G. REGARDING LARGE ACCESSORY
STRUCTURES, AND SECTION 10.02 A. 13. REGARDING
GUEST HOUSES
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") 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 Council desires to amend the Zoning Ordinance to amend Section 1.12 by
changing the definition of dwelling unit, Section 5.06 G. regarding Large Accessory Buildings, and
Section 10.02 A. 13 regarding Guest Houses; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIz. REV. STAT. § 9-
462.04, public hearings regarding this ordinance were advertised in the June 24, 2020, July 1,
2020, August 5, 2020, and August 12, 2020, editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
July 13, 2020 and by the Town Council on August 24, 2020.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 1, Introduction, Section 1.12, Definitions, is
amended as follows:
Dwelling Unit: A building or portion thereof ha„�.r i rest ted— crcess too one (kitchen or area
convertible to kitchen activities, built in accordance to the building code adopted in the Town, or
purposes, including single-family and multifamily dwellings; but not including hotels, motels,
bbooardi g and lodging houses frath-and sorority house rest homes and nursing homes, or
child care nurseries ROOM OR SUITE OF ROOMS INCLUDING PERMANENT PROVISIONS
FOR LIVING, SLEEPING, EATING, SANITATION, AND COOKING, AND DESIGNED OR
OCCUPIED AS SEPARATE LIVING QUARTERS.
SECTION 3. The Zoning Ordinance, Chapter 5, General Provisions, Section 5.06 G., Large
Accessory Buildings (Detached), is amended as follows:
G. Large Accessory Buildings (Detached):
ORDINANCE 20-13 PAGE 2
LARGE ACCESSORY BUILDINGS ARE ACCESSORY BUILDINGS GREATER THAN
ONE-HUNDRED-TWENTY (120) SQUARE FEET IN SIZE. THE FOLLOWING
STANDARDS APPLY TO ALL LARGE ACCESSORY BUILDINGS IN ANY
RESIDENTIAL ZONING DISTRICT.
1. Any detached accessory building greater that one hundred twenty (120) square
feet in size in any residential zonoANY LARGE ACCESSORY BUILDING SHALL:
a. Shall not be located in any building setback, except as outlined in
(G)(3) below;
b. Shall be at least six feet from any other building;
c. Shall not exceed fifteen (15)feet in height;
d. Shall not exceedBE NO MORE THAN thirty (30) percent of the square
footage of the footprint of the livable area of the principal building;
c. Shall not contain kitchen facilities (oven or stove);
B. BE CONNECTED TO THE PRINCIPAL BUILDING'S UTILITIES;
C. EITHER SHARE A COMMON WALL OF AT LEAST FOUR (4) FEET IN
LENGTH WITH THE PRINCIPAL BUILDING OR BE AT LEAST SIX (6)
FEET FROM THE PRINCIPAL BUILDING;
D. HAVE THE SAME BUILDING HEIGHT ALLOWANCE AS STATED IN
THE ZONING DISTRICT REGULATIONS FOR THE PRINCIPAL
BUILDING IF THE ACCESSORY BUILDING SHARES A COMMON
WALL OF AT LEAST FOUR (4) FEET IN LENGTH WITH THE
PRINCIPAL BUILDING;
E. COMPLY WITH THE BUILDING HEIGHT AND SETBACK
REQUIREMENTS OF THE ZONING DISTRICT IN WHICH IT IS
LOCATED, EXCEPT AS PROVIDED BELOW:
I. IF THE LARGE ACCESSORY BUILDING DOES NOT SHARE A
COMMON WALL OF AT LEAST FOUR (4) FEET IN LENGTH
WITH THE PRINCIPAL BUILDING, THE LARGE ACCESSORY
BUILDING SHALL BE LIMITED TO A MAXIMUM HEIGHT OF
FIFTEEN (15) FEET.
II. ON CORNER LOTS ZONED R1-6 THROUGH R1-10, A LARGE
ACCESSORY BUILDING THAT IS SEPARATED FROM THE
PRINCIPAL BUILDING BY AT LEAST SIX (6) FEET AND WITH
NO PHYSICAL CONNECTION TO THE PRINCIPAL
STRUCTURE MAY MAINTAIN A REAR YARD SETBACK
EQUAL TO THE REQUIRED INTERIOR SIDE YARD IN THAT
ZONING DISTRICT.
F. BE SEPARATED FROM ANY BUILDING OTHER THAN THE
PRINCIPAL BUILDING ON THE SAME LOT BY AT LEAST SIX(6) FEET;
ORDINANCE 20-13 PAGE 3
G. NOT HAVE ANY OVERHEAD GARAGE DOORS FACING ANY STREET
IF ANY PORTION OF THE ACCESSORY BUILDING IS CONSTRUCTED
IN FRONT OF THE FRONT PLANE OF THE PRINCIPAL BUILDING;
H. NOT BE LOCATED BETWEEN THE STREET SIDE PLANE OF THE
PRINCIPAL BUILDING AND THE STREET SIDE LOT LINE; AND,
I. BE CONSTRUCTED OF MATERIALS AND OF COLORS THAT ARE
THE SAME AS THE PRINCIPAL BUILDING IF CONNCECTED TO THE
PRINCIPAL BUILDING OR LOCATED IN FRONT OF THE FRONT
PLANE OF THE PRINCIPAL BUILDING.
two-hundred-twenty (220) volt electrical service to any part or common
wall, with the exception of a hardwired air conditioning unit;
g. Shall not be located between the street side plane of the principal
building and the street side lot line.
2. Any detached accessory building greater than one hundred twenty (120) square
feet constructed in front of the front plane of the principal bl Iilding in any residential
zone;AT LEAST ONE ADDITIONAL PARKING SPACE MUST BE PROVIDED
FOR EACH LARGE ACCESSORY BUILDING USED AS A GUEST HOUSE.
a. Shall be completely enclosed;
b. Shal�ll be-constructed erials r a-color thatare-the s me s the
c. Clannot have anty overhead garage doors faring anty street front;
3. On corner lots in Single Family Residential Zoning Districts (R1 6, R1 6A, R1 8,
R1 8A, R1 10, R1 10A only). Any detached accessory building gr ater than one
hundred twenty (120) square feet may be located within the rear yard setback, but
shall not be no closer to the rear lot line than a distance equal to the zoning
district's side yard setback, as set forth in Chapter 10 of this ordinance. All other
zoning and subdivision regulations must be met.
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ORDINANCE 20-13 PAGE 4
SECTION 4. The Zoning Ordinance, Chapter 10, Single-Family Residential Zoning Districts: R1-
190, R1-43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-6A, Section 10.02 A.
13. be amended as follows:
13. Guest Houses, PROVIDED THAT THEY
a. The structure must conform to all minimum setback requirements.
b. An attached Guest House may be located in front of the principal building if the
livable area of the principal building.
d. Shall not exceed fifteen (15) feet in height.
e. An attached Guest House shall not contain any of the following:
1. An attached garage.
2. Kitchen facilities (oven or stove).
twenty (220) volt electrical service to any part or common wall with the exception
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g. Sshall not be used for any commercial or nonresidential uses AND IS NOT
OWNED SEPARATELY FROM THE PRINCIPAL BUILDING.
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SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
for any reason held to be unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to execute all documents and take all steps necessary to carry out the
purpose and intent of this Ordinance.
ORDINANCE 20-13 PAGE 5
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
24th day of August, 2020.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny ickey, ayor El zabeth urke, Town erk
REVIEWED BY: APPROVED AS TO FORM:
\A:t'itA-4
Grady E. Miller, ow anager aron D. Arnson, Town Attorney