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HomeMy WebLinkAboutOrd 2021-04ORDINANCE NO.21-04 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 5, GENERAL PROVISIONS, AMENDING SECTION 5.09, WALLS AND FENCES. 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 Chapter 5 of the Zoning Ordinance, General Provisions, to amend Section 5.09, Walls and Fences; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to AM. REV. STAT. § 9- 462.04, public hearings regarding this ordinance were advertised in the December 23, 2020 and December 30, 2020 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on January 11, 2021 and by the Town Council on February 16, 2021. 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 5, General Provisions, Section 5.09, Walls and Fences, is hereby amended as follows: Section 5.09 Walls and Fences A. Height 2. Fences or hedges, which exceed the above heights, may be built around schools and other public or quasi -public institutions when necessary for the safety or restraint of the occupants thereof, within Industrial Zoning Districts, when a special use permit has been secured for such purposes. Except as otherwise provided, no nonretaining wall or fence shall exceed six (6) feet in height. Retaining wall heights and nonretaining walls on top of retaining walls with less than fifty (50) percent openness, shall follow the standards in Section 5.06 of the Town of Fountain Hills Subdivision Ordinance, however in no case shall the nonretaining wall exceed six (6) feet in height. These height regulations shall not apply when fences of greater height are required by the Planning and Zoning Commission or Town Council in order to provide adequate screening as required by this ordinance. Note: Those utility companies, which are regulated by the Arizona Corporation Commission, may be allowed increased fence heights due to national, state or local standards. 3. Golf ball fences may be PERMITTEDdeveleped by ADMINISTRATIVE gpeeW-Use Permit if all of the following characteristics apply. REQUESTS THAT DO NOT MEET ALL OF THE FOLLOWING CHARACTERISTICS CAN BE CONSIDERED BY THE COUNCIL THROUGH A SPECIAL USE PERMIT. a. Golf ball fences may only be developed on lots that directly abut a golf course or driving range, however, they may not be developed within any front or street -side yard setback. b. Golf ball fences should only be developed within SIX HUNDRED Six - Hundred (600) feet of the forward -most golf course tee box or driving range position. Golf course fences to protect against errant secondary golf shots may be approved due to unusual site or course layout circumstances. c. Golf ball fences shall be set back from any abutting residential property at a distance not less than the height of the fence. Golf ball fences may be located nearer to such a property line with the prior written consent of the abutting residential property owner. d. The maximum height of a golf ball fence shall not exceed twenty-five (25) feet. e. Pole color must blend in with background features as viewed from neighboring properties to minimize its visibility. Net color shall be black. f. Landscaping should be used where appropriate to obscure the poles from neighboring properties. 43. E*eepfiens= When necessary to meet pool enclosure requirements, the height of a freestanding fence may exceed six (6) feet. a. This section shall only apply when all of the following conditions exist: (1). The exempted fence serves as a pool enclosure, and (2). The exempted fence intersects a retaining wall and such retaining wall is perpendicular to the exempted fence, and (3).The intersecting retaining wall exceeds eighteen (18) inches in height. b. If all of the conditions listed in subparagraph (a) above are present, the height of a freestanding fence may exceed six (6) feet by an amount to be determined as follows: (1). The maximum allowable height in excess of six feet shall be equal to the height of the lower side of the intersecting retaining wall plus five (5) feet. (2). The additional fence height as calculated in subparagraph (1) above shall not extend horizontally more than fifty-four (54) inches as measured from the point of intersection with the lower side of the retaining wall. (3). Any fence sections erected in excess of six (6) feet according to this section shall be constructed so there are no horizontal members between the top of the fence section and the bottom of the fence section. A minimum of fifty percent (50%) openness is not required in this fence section. Section 3. 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. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 16`h day of February 2021. FOR THE TOWN OF FOUNTAIN HILLS: Gin Dickey, Mayor REVIEWED BY: 4!�O� Z. -%V, �* Grady E. Mty own Manager ATTESTED TO: lizabet . Burke, Town Clerk APPROVED AS TO FORM: /s/ Aaron D. Arnson Aaron D. Arnson, Town Attorney