HomeMy WebLinkAboutOrd 2021-18 ORDINANCE NO. 21-18
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE, CHAPTER 4, NONCONFORMING USES AND
STRUCTURES, BY AMENDING SECTION 4.01.E.1 AND 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 10.09, TO ALLOW
EXTENSIONS TO NONCONFORMING STRUCTURES ON CORNER LOTS TO
ENCROACH INTO THE REQUIRED MINIMUM STREET SIDE BUILDING
SETBACK AREA
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 revise Chapter 4,
Nonconforming Uses and Structures, by amending provisions related to extensions to
nonconforming structures in Section 4.01.E.1., and 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, in by
amending provisions in Section 10.09; and
WHEREAS, in accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the laws of
the State of Arizona, the Town Council has considered the individual property rights and personal
liberties of the residents of the Town and the probable impact of the proposed ordinance on the cost
to construct housing for sale or rent before adopting this ordinance; 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 October 27, 2021, and
November 3, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
November 8, 2021 and by the Town Council on December 7, 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 4, Nonconforming Uses and Structures, Section
4.01.E., Extensions, is amended as follows:
ORDINANCE 21-18 PAGE 2
1. UNLESS OTHERWISE PROVIDED FOR IN THIS CHAPTERLaAny extension of a
nonconforming structure shall conform with all regulations for the zoning district in which
such structure is located:, EXCEPT FOR CORNER LOTS IN THE R1-10, R1-10A, R1-8,
R1-8A, R1-6 and R1-6A ZONING DISTRICTS, IN WHICH CASE EXTENSIONS TO A
NONCONFORMING STRUCTURE ON THE STREET SIDE YARD MAY ENCROACH
INTO THE REQUIRED MINIMUM BUILDING SETBACK LINE IF THE EXTENSION IS
AT OR BEHIND THE EXISTING WALL PLANE OF THE ADJOINING STRUCTURE,
BUT SHALL BE NO CLOSER THAN 10 FEET TO THE PROPERTY LINE, OR THE
HEIGHT OF THE EXTENSION, WHICHEVER IS GREATER
SECTION 3. 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 10.09.,
Density, Area, Building and Yard Regulations, is amended as follows:
Fountain Hills Zoning Ordinance Summary
Single-Family District
Bldg Minimum Yard Setbacks Distance
Area(Sq. Width Lot Between
District Height Street
Feet) (Feet) f Frontf Side Rear Coverage Bldgs
(Feet) Side (Feet)
R1-190 190.000 300 30 60 30 60d 60 5% 6
R1-43 43.560 145 30 40 30 40d 40 20% 6
R1-35 35.000 145 30 40 20 20 40 20% 6
R1-35H 35.000 145 30 20 20 20d 40 20% 6
R1-18 18.000 120 30 20 10 20d 30 25% 6
R1-10 10.000 80 30 20 7 20d.G 25 30% 6
R1-10A 10,000 80a 30 20 7 20d.G 20 40% 6
R1-8 8.000 80 30 20 7 20(LC 25 35% 6
R1-8A 8.000 80a 30 20b d e 7 20d,G 20 40% 6
R1-6 6.000 60 30 20 5 20d,G 25 40% 6
R1-6A 6.000c 60a 30 20b 5 201,G 10 50% 6
a Flag lots permit a 30-foot width provided there are no more than 2 flag lots adjoining each
other.
b A side entry garage is allowed a 10 feet setback.
c An approved P.U.D. permits lots no smaller than 4,500 square feet, provided there is 1,500
square feet of useable common open space per lot or a combination thereof. lots larger than
4,500 square feet may have less than 1,500 square feet of common useable open space per
lot if the combination of lot size and the common useable open space is at least 6,000 square
feet per lot.
ORDINANCE 21-18 PAGE 3
d Or building height, whichever is greater.
e A garage positioned at a 45 degree angle or greater from the front property line must setback
at least 15-feet or a greater lot size to ensure consistency with existing platted lots in the
immediate vicinity, as calculated pursuant to Section 5.03.
f Lots on which the house footprint has an average natural slope in excess of equal to or
greater than 30% are permitted to utilize the modified front setback and height standards for
canyon-side lot, as determined pursuant to Section 5.10.
G FOR CORNER LOTS, EXTENSIONS TO A NONCONFORMING STRUCTURE ON THE
STREET SIDE YARD MAY ENCROACH INTO THE REQUIRED MINIMUM BUILDING
SETBACK LINE IF THE EXTENSION IS AT OR BEHIND THE EXISTING WALL PLANE OF
THE ADJOINING STRUCTURE, BUT SHALL BE NO CLOSER THAN 10 FEET TO THE
PROPERTY LINE, OR THE HEIGHT OF THE EXTENSION, WHICHEVER IS GREATER.
SECTION 4. 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.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
7th day of December, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
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Ginny key, Mayor E izabe Klein, Town ler ,
REVIEWED BY: APPROVED AS TO FORM:
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Grady E. Mi 41,Town Manager Aaron D. Arnson, Town Attorney