HomeMy WebLinkAboutOrd 2021-17 ORDINANCE NO. 21-17
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE, CHAPTER 10, SINGLE-FAMILY RESIDENTIAL
DISTRICTS: R1-190, R1-43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-
8A, R1-6, R1-6A, MODIFYING SECTION 10.04, GENERAL PROVISIONS BY
ADDING DESIGN STANDARDS FOR SINGLE-FAMILY DWELLINGS
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 10, Single-family Residential Districts,
Section 10.04, General Provisions by adding specific requirements for the design of single-family
dwellings; and
WHEREAS, the Town Council desires to implement the goals and policies of the Fountain Hills
General Plan 2020 with regards to protecting existing neighborhoods; 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 20th and 27th and
November 3rd, 2021, and the December 29th, 2021 and January 5th, 2022 editions of the Fountain
Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
November 8, and December 13, 2021, and by the Town Council on January 18, 2022.
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.
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 10, Single-family Residential Districts: R1-190, R1-
43, R1-35, R1-35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-6A, Section 10.04, General
Provisions, is hereby amended to add the following definition:
A. The General Provisions in Chapter 5 herein shall apply.
ORDINANCE 21-17 PAGE 2
B. IN ORDER TO ENSURE THAT HOMES BEING BUILT IN SINGLE-FAMILY ZONED
NEIGHBORHOODS QUALIFY TO BE CONSIDERED SINGLE-FAMILY DWELLINGS,
THE FOLLOWING PROVISIONS SHALL APPLY.
1. GARAGE DESIGN AND ORIENTATION.
a. 3-CAR-WIDE GARAGES. WHERE A THREE-CAR-WIDE GARAGE IS
UTILIZED, AT LEAST ONE (1) GARAGE DOOR MUST BE OFFSET
FROM THE OTHER TWO (2) BY A DISTANCE OF AT LEAST TWO (2)
FEET AND SET AT LEAST TWO (2) FEET IN FRONT OF OR BEHIND
THE PLANE OF THE OTHER TWO (2) GARAGE DOORS.
b. 4-CAR OR MORE GARAGES. WHERE GARAGE SPACE IS PROVIDED
THAT HAS FOUR OR MORE VEHICLE PARKING SPACES, NO MORE
THAN ONE (1), TWO-CAR-WIDE GARAGE DOOR MAY BE PLACED SO
AS TO BE ORIENTED TO THE FRONT STREET. EXCEPT AS
PROVIDED ABOVE FOR A THREE-CAR-WIDE GARAGE, ALL OTHER
GARAGE DOORS MUST BE ORIENTED SO AS TO NOT BE DIRECTLY
VISIBLE FROM THE FRONT STREET.
2. FRONT ENTRY. NO MORE THAN ONE RECOGNIZED ACCESS TO THE
HOME IS ALLOWED ALONG THE FRONT STREET. IF ADDITIONAL ENTRIES
ARE PROVIDED THEY MUST BE DESIGNED AND LOCATED SO AS TO NOT
BE VISIBLE FROM THE FRONT STREET, WHILE STILL PROVIDING SAFE
ACCESS TO THE HOME.
3. THE FRONT FACADE OF THE DWELLING SHOULD NOT INCLUDE MIRROR
IMAGES OF EACH HALF OF THE BUILDING.
4. KITCHENS. IF A DWELLING UNIT INCLUDES MORE THAN ONE AREA
INDOORS FOR THE PREPARATION OF FOOD (A KITCHEN), ONE KITCHEN
MUST BE DESIGNATED ON THE BUILDING PLANS AS THE PRIMARY
KITCHEN AND THE TOTAL COUNTERTOP AREA, INCLUDING ISLANDS,
DEVOTED TO OTHER INDOOR AREA(S) FOR PREPARATION OF FOOD CAN
BE NO MORE THAN HALF THE SQUARE FOOTAGE OF COUNTERTOP AREA
IN THE DESIGNATED PRIMARY KITCHEN.
5. FLOOR PLAN, EXCEPT AS ALLOWED FOR GUEST HOUSES. ALL
CONDITIONED SPACE WITHIN THE DWELLING MUST BE FULLY
ACCESSIBLE FROM ALL OTHER AREAS WITHIN THE DWELLING WITHOUT
HAVING TO GO OUTSIDE. NO FIRE RATED WALLS CAN SEPARATE ONE
PART OF THE DWELLING FROM ANOTHER.
C. EXCEPT AS ALLOWED FOR GUEST HOUSES, A PLAN FOR A SINGLE-FAMILY
DWELLING SHALL NOT BE APPROVED AS A SINGLE-FAMILY DWELLING IF IT IS
DESIGNED WITH MORE THAN ONE DISTINCT LIVING AREA WHEN EACH AREA
CONTAINS AT LEAST FIVE OF THE FOLLOWING:
ORDINANCE -21 17 PAGE 3
1. BEDROOM(S)
2. 3/4 OR LARGER BATHROOM(S)
3. LAUNDRY ROOM
4. KITCHEN OR AREA FOR FOOD PREPARATION
5. SEPARATE WATER HEATER
6. SEPARATE, DIRECT ACCESS FROM
a. THE FRONT SIDE OF THE PROPERTY, OR
b. THE GARAGE
7. SEPARATE HVAC SYSTEM WITH THERMOSTATS
8. ELECTRICAL SERVICE FROM SUBPANELS ARE ALIGNED WITH THE
DISTINCT LIVING AREAS OF THE DWELLING
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
15th day of February, 2022.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
1
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Ginny i key, ayor Eli abeth lein, Town Clerk
REVIEWED BY: APPR D AS TO FORM:
CYO ille . \AA.AJA"....*
Grady E. , Town Manager Aaron D. Arnson, Town Attorney