Loading...
HomeMy WebLinkAboutOrd 2021-17 (2)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. 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. THE FRONT FAQADE OF THE DWELLING SHOULD NOT INCLUDE MIRROR IMAGES OF EACH HALF OF THE BUILDING, ESPECIALLY WITH THE PLACEMENT AND ORIENTATION OF MULTIPLE 2-CAR GARAGES AND POINTS OF ENTRY. 2. 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. 3. 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. A PLAN FOR A SINGLE-FAMILY DWELLING SHALL NOT BE APPROVED AS A SINGLE-FAMILY DWELLING: 1. IF IT IS DESIGNED WITH MORE THAN ONE DISTINCT LIVING AREA WHEN EACH AREA CONTAINS AT LEAST SIX OF THE FOLLOWING: a. BEDROOM(S) b. ' OR LARGER BATHROOM(S) c. LAUNDRY ROOM d. KITCHEN OR AREA FOR FOOD PREPARATION e. SEPARATE WATER HEATER f. SEPARATE, DIRECT ACCESS FROM 1. THE FRONT SIDE OF THE PROPERTY, OR 2. THE GARAGE g. SEPARATE HVAC SYSTEM WITH THERMOSTATS h. ELECTRICAL SERVICE FROM SUBPANELS ARE ALIGNED WITH THE DISTINCT LIVING AREAS OF THE DWELLING. 2. THE ABOVE LIMITATION SHALL NOT APPLY TO a. GUEST HOUSES MEETING THE REQUIREMENTS OF LARGE ACCESSORY STRUCTURES, OR b. DESIGNS WHEN ONE OF THE LIVING AREAS IS LESS THAN 30% OF THE SIZE OF THE LIVABLE AREA OF THE DWELLING UNIT. 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: Gin Dick ,Mr ayor REVIEWED BY: Grady E. Mi ery.wn Manager beth A. Klein, Town Clerk APPROVED AS TO FORM: aeon 6. Arnso , own Attorney