A. Permitted Uses: Those uses listed as permitted uses shall be allowed to be established within any zoning district in which they are listed, subject to the specific requirements of this ordinance. All other uses shall be prohibited except as otherwise provided in this ordinance.

B. Special Uses: Those uses listed as special uses shall require a special use permit in order to be established within the zoning district in which they are listed, and shall be subject to all conditions and requirements imposed by the Town Council in connection with the special use permit.

C. Accessory Uses: A use which is incidental, related, appropriate, and clearly subordinate to the main use of the lot or building, and which does not alter the principal use of the lot or building, shall be allowed to be established within any given zoning district, but may not be constructed more than six (6) months prior to the erection of the main building.

D. Unspecified Uses: Whenever a use is proposed which is not listed as a permitted or special use in any zoning district, the Development Services Director may make such a determination concerning its applicability. The Planning and Zoning Commission may be consulted to determine the appropriate zoning classification of such use. In making their determination, the Planning and Zoning Commission shall consider similar uses, which are listed in the Code.

A. No lot may be divided to create a lot not in conformance with these regulations. No lot shall be divided or combined in any manner other than through subdivision procedures as specified by the subdivision regulations of the Town of Fountain Hills.

A. All lots shall abut a dedicated and accepted public street connecting to the publicly dedicated and accepted street system. Through the Planned Unit Development process as described in Section 2.05 of this ordinance, the Town Council may allow private streets.

B. Except for lots abutting private streets which have been specifically permitted in Planned Unit Developments, a building permit shall not be issued for a recorded lot, which does not abut a dedicated and accepted public street or an un-dedicated portion of a partially dedicated street and the abutting street does not connect the publicly dedicated and accepted street system.

C. Prior to the acceptance by the Town of the dedication of a public street, such street shall be designed, graded, and paved in accordance with the provisions of all applicable street standards of the Town of Fountain Hills.

A. Hammerhead Cul-de-Sacs:

Front or street side yards that abut the hammerhead right-of-way on lots that are located on the outlet side of and immediately abutting the hammerhead terminus shall be calculated by disregarding the perpendicular portion of the hammerhead if all of the following criteria are met:

B. Application:

No building shall be erected, nor shall any existing buildings be altered, enlarged, moved, or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot, area and building location regulations hereinafter designated for the zone in which such building or open space is located, except as otherwise specifically provided.

C. Yards:

Except as provided herein, every part of a required yard shall be open to the sky and unobstructed. Trees, shrubbery, etc. and accessory structures as allowed in this ordinance, shall not be considered obstructions. No yard or other open space provided about any building for the purpose of complying with the provisions of these restrictions shall be considered as a yard or open space for any other building and/or yard, nor shall any other open space on one lot be considered as a yard or open space for a building on any other lot. A flagpole as permitted in Section 5.07(B)(7) may be located in a required front or street side yard.

D. Projections Over and Into Required Yards:

E. Patios and Steps:

Unroofed terraces, patios, steps or similar features not over thirty (30) inches in height above grade, may project into any required yard; provided, that they shall be no closer than two (2) feet from any lot line.

F. Small Accessory Buildings (Detached):

Any detached accessory building one-hundred-twenty (120) square feet or less in size in any residential zone shall not be located in the front or street side yard, shall be at least six feet from the any other building, shall be at least three feet from any rear and interior side lot lines, shall be located behind the front plane of the principal building and behind the street side plane of the principal building on the street side of a corner lot, and shall not exceed twelve (12) feet in height.

G. Large Accessory Buildings:

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:

2. At least one additional parking space must be provided for each large accessory building used as a guest house.

H. Solar Units:

Solar heating, cooling units, solar greenhouses and associated apparatus shall be located behind the front plane of the principal building, and behind the street side plane of the principal building on a corner lot, shall not cover more than thirty (30) percent of any side or rear yard, shall be at least three (3) feet from any rear and side lot lines, shall be at least six (6) feet from any other structure, and shall not exceed twelve (12) feet in height. With the exception of the solar panels, any solar heating or cooling unit shall be screened from street view. An application for a Solar Unit that does not meet the above requirements may be granted by the Town Council by special use permit only.

I. Service Station Pumps:

No automobile service station pump shall be located closer than twenty (20) feet from a street property line.

J. Parking Shade Structures Adjacent to an Alley in Multifamily Zoning Districts:

In addition to other approved locations, a parking shade structure located adjacent to an alley in a multifamily district may be permitted in the rear or side building setback, provided it (i) meets the requirements in this Section 5.06, (ii) is at least ten (10) feet from any rear lot line, side lot line, and alley and (iii) does not exceed twelve (12) feet in height. (24-10, Added, 06/18/2024; 20-13, Amended, 08/24/2020; 18-15, Amended, 01/15/2019)

A. Application:

No building shall be erected, reconstructed, or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located, except as otherwise specifically provided.

B. Exceptions:

Height regulations established elsewhere in this ordinance shall not apply:

C. Residential Accessory Buildings:

No building, which is accessory to any residential building, shall be erected to a height greater than one (1) story or fifteen (15) feet except as otherwise may be permitted by a particular zone regulation. (21-10, Amended, 05/18/2021)

A. Height:

1. Except as otherwise provided, no wall (whether retaining or not), fence or hedge, more than three (3) feet six (6) inches high shall be constructed or maintained nearer to the front or street side property line than the required front or street side building setback line. Retaining walls that lie within the front or street side yard may be allowed to a maximum height of six (6) feet if all of the following three (3) criteria are met:

a. The retaining wall is on a slope gradient that is lower in elevation than the finished roadway surface.

b. Both the retaining wall does not exceed three and one-half (3 ½) feet above an imaginary line created by a horizontal extension of the roadway-finished surface.

c. No vehicular sight lines are obstructed and road “clear zones” are established that are approved by the Town Engineer and meet with approved Traffic Engineering Standards.

B. Arches: When not located in any required building setback area, an arch in a facade wall may be placed in front of the front plane of the principal building at a height not to exceed twelve (12) feet and a width not to exceed ten (10) feet. One arch, not exceeding twelve (12) feet in height and ten (10) feet in width, may be located along the side or the rear of the principal building if it is not located in the side (interior or street) and required rear yard setback areas.

C. Materials and Design: Fences and walls in all Zoning Districts shall be constructed of material in good repair and be of conventional design. The exterior of any wall or fence must be finished using paint, stucco, decorative block, or any similar process or finish approved by the Zoning Administrator.

D. Swimming Pools: Enclosures are required for private swimming pools along with incidental installations, such as pumps and filters. Such pool and incidental installations are to be located in other than the required front yard and completely enclosed from adjoining lots by a solid wall or protective fence of not less than five (5) feet in height and provided such pool sets back from all lot lines a distance of not less than three (3) feet. Residential structure walls containing an exterior entry door may be used in meeting the pool enclosure requirement.

Any fence/wall used for pool enclosure may not contain any openings that might be used for foothold climbing purposes. Every opening in a required pool fence/wall shall be provided with a minimum five (5) foot high self-closing gate, which shall open outward away from the pool and shall have a self-latching latch or lock in good condition, with the latch/lock placed at least fifty (50) inches above the underlying ground and with the closing device (spring, pneumatic, etc.) at least thirty-six (36) inches above the underlying ground. Any vertical opening or opening at ground level in a pool enclosure fence (e.g. wrought iron) shall be of such size that a spherical object four (4) inches in diameter cannot pass through the openings. Wrought iron or wood barriers or enclosures shall be constructed with at least fifty-four (54) inches between the top surfaces of the horizontal members. All fishponds and other contained bodies of water, either above or below ground level, with the container being eighteen (18) inches or more in depth and/or wider than eight (8) feet at any point measured on the long axis shall conform to the location and enclosure requirements for swimming pools. Irrigation and storm water retention facilities and the water features in public parks and golf courses are exempt from the fencing requirements of this provision. It is the responsibility of the property owner to ensure that any pool enclosure fence and its appurtenances (e.g., gates, latching devices, locks, etc.) are maintained in safe and good working order.

E. Tennis courts: A tennis court may have a tennis court fence that shall not exceed twelve (12) feet in height and shall maintain a minimum of 50% openness. Such fences shall be located no more than ten (10) feet from the edge of the court. Any outdoor lighting shall conform to the standards specified in Chapter 8 of this Ordinance.

F. Basketball Courts: A full court basketball court may have a court fence that shall not exceed twelve (12) feet in height and shall maintain a minimum of 50% openness. Such fences shall be located no more than ten (10) feet from the edge of the court. Any outdoor light shall conform to the standards specified in Chapter 8 of this Ordinance.

G. Day Care Centers and Home Day Care Centers: Day care centers and home day care centers which have swimming pools, fish ponds and other contained bodies of water, either above or below ground level, with the container being eighteen (18) inches or more in depth and/or wider than eight (8) feet at any point measured on the long axis shall conform to the location and enclosure requirements for swimming pools, must provide a separate enclosure between the day care facility and the body of water. Such barrier shall be a solid wall or protective fence of not less than five (5) feet in height and of a distance of not less than three (3) feet from the pool or the day care facility. The day care facility exterior entry door may not be used in meeting the pool enclosure requirement. Any fence/wall used for pool enclosure may not contain any openings that might be used for foothold climbing purposes. Every opening in a required pool fence/wall shall be provided with a minimum five (5) foot high self-closing gate, which shall open outward away from the pool and shall have a self-latching latch or lock in good condition, with the latch/lock placed at least fifty (50) inches above the underlying ground and with the closing device (spring, pneumatic, etc.) at least thirty-six (36) inches above the underlying ground. Any vertical opening or opening at ground level in a pool enclosure fence (e.g. wrought iron) shall be of such size that a spherical object four (4) inches in diameter cannot pass through the openings. Wrought iron or wood barriers or enclosures shall be constructed with at least fifty-four (54) inches between the top surfaces of the horizontal members. (21-04, Amended, 02/16/2021; 18-15, Amended, 01/15/2019)

A. Qualifying Lots. Alternative development standards set forth in 5.10(B) below may be utilized if a Canyon-Side Lot is located on the downhill side of the right-of-way on which it has legal frontage or access. The downhill side shall be calculated as an overall average grade change of the lot measured from an imaginary line created by a horizontal extension of the roadway top of curb extending to the rear of the house footprint that is equal to or greater than 30 percent. Qualifying Lots may utilize a 10-foot front yard setback, provided all other building setbacks are met. Qualifying Lots may apply standards set forth in subsection B or C below:

B. Standard Canyon Side Development. The height of structures shall be determined by the following two subsections:

1. The height of a building or structure is limited to a thirty (30) foot imaginary plane that parallels the existing pre-development natural grade, as measured vertically from any point under the building (see detail below). The subterranean portion of the structure is not included in the total height calculation provided that at least one-half of the volume of the subterranean portion of the structure is below natural grade.

C. Cantilever Standards.

1. Cantilever Standards may be applied only to Canyon-side Lots as defined in Chapter 1 and Section 5.10(A) of this Zoning Ordinance. For subsection 5.10(C)(2) – (C)(7), refer to the detail below:

A. Incorporated by Reference: The grading standards, cut and fill standards, drainage standards, retaining wall standards and height of structures at graded sites standards shall be governed by the provisions set forth in Article V of the Town of Fountain Hills Subdivision Ordinance, which are incorporated as if fully set forth herein, and a violation of which shall also be deemed a violation of this Section 5.11.

B. Procedural Regulations:

A. Definitions:

B. Outdoor Storage: With the exception of retail sales displays in an approved commercial area, outdoor storage shall be screened from public view by a six (6) foot-high solid masonry fence or a fence or screening of a height and material as allowed or required by the Planning and Zoning Commission. The presence of hazardous materials not to be used on-site is prohibited.

C. Existing Outdoor Storage: All outdoor storage existing at the time of the passage of this ordinance shall, within thirty (30) days of its passage, be made to comply fully with these requirements or be removed.

D. Prohibited Dumping: The use of land for the dumping or disposal of scrap metal, junk, garbage, rubbish, refuse, ashes, slag, or industrial wastes or by-products, shall be prohibited in every district except as otherwise provided in Chapter 13.

E. Vending Machines: Up to three (3) vending machines placed outdoors on one property is permitted. Permission to maintain in excess of three (3) vending machines outdoors on one property shall be by special use permit.

A. Standards.

B. Application Requirements.

C. Registration.

D. Any community residence that is in operation as of the adoption of this section shall be considered a legal nonconforming use consistent with Section 4.01(B). Any new community residence or any residence that is in operation but that transfers ownership shall be subject to the provisions of this section.

E. Waiver For Reasonable Accommodation. To establish a community residence that does not comply with the occupancy or separation requirements, the applicant may apply to the Development Services Department for a waiver for reasonable accommodation. In all cases the Development Services Director shall submit the request for the waiver to the Community Residence Waiver Committee to make findings of fact in support of the determinations and shall render the decision in writing. The application will initially be reviewed by the Development Services Director for completeness. The Director may meet with and interview the applicant to request additional supporting information to determine the necessity of the accommodation and to ascertain or clarify information sufficient for the Committee to make the required findings.

F. Violations and Penalties.

A. Home Occupations. Shall be conducted only by persons who live at the property and shall be conducted in a manner clearly incidental and subordinate to the use of the property and dwelling unit for dwelling purposes, shall be conducted entirely within the dwelling, an accessory structure used for office activities only, or garage, and shall not change the residential character thereof. Carports and yards may not be used for home occupations.

B. Area. An area equal to no more than twenty-five percent (25%) of the gross floor area of the dwelling shall be devoted to the home occupation.

C. Employees. There shall be no employees working at the home other than members of the immediate family residing in the dwelling unit where the home occupation is being operated.

D. Delivery Vehicles. No business shall be conducted which requires delivery vehicles or other vehicular activity or deliveries not customary to a residence.

E. Nuisances. There shall be no external evidence of the activity such as outdoor storage, displays, noise, dust, odors, fumes, vibration, or other nuisances discernible beyond the property lines.

F. Signs. No signs signifying the business or any commercial product or service are allowed. Signs on business vehicles, regardless of their storage, shall not display the address of the home occupation.

G. Traffic and Parking. Customer/patron and shipping/receiving trip generation shall not exceed six (6) vehicle trips a day. No more than one (1) vehicle used for commercial purposes associated with the business may be parked on site and must comply with Section 12-3-10. During business hours, parking by customers, patrons, or employees must be on the property on an approved paving surface. There shall be no on-street parking for any purpose during business hours if there is on-site parking available. Street parking may only be used when on-site parking is full.

H. Exception. An exception to these requirements shall be made for the operation of a group home for the handicapped and adult care, day care centers, home day care centers, model homes and swim schools.

I. Hazardous Materials. Any home occupation desiring to use hazardous materials, as defined in this ordinance, must first secure a special use permit. No home occupation may use hazardous material without a special use permit. Special use permits for the use of hazardous materials will only be issued after the Town’s Building Official and Fire Marshal are assured that proper handling, storage, and disposal safeguards can and will be followed for the health, safety and welfare of the neighborhood and community.

J. Uses Not Permitted. The following uses that are not permitted as a home occupation include, but are not necessarily limited to, the following: Temporary or overnight keeping of animals for hire, the physical sale or distribution of commodities on the premises and motor vehicle repair. The Development Services Director or his designee shall render decisions on home occupations permitted with appeal to the Town Council. (24-13, Amended, 09/17/2024; 24-06, Amended, 03/19/2024)

A. Household Pets: Except as otherwise permitted in this ordinance, the keeping of animals in connection with each dwelling shall not exceed a total of four (4) household pets, with no more than one (1) litter up to six (6) weeks of age.

B. Indoor Pets: The provisions of this Section shall not apply to birds, fish and other pets which at all times are kept within a fully enclosed building or accessory building, and which do not create odor or sound which is detectable on an adjoining lot.

C. Nonhousehold Animals: Animals other than household pets shall be allowed in OSR, R-190, R1-43, R1-35H, and R1-35 zoning districts as follows:

A. Applicability: The provisions of this Section do not apply to garage sales or rummage sales. All other temporary carnivals, circuses, revivals, rodeos, swap meets, and similar activities may be permitted only in OSR, Commercial and Industrial Zone Districts subject to the restrictions of Subsection B of this Section.

B. Special Event Permit: A Special Event permit shall be obtained from the Town in accordance with the following:

A. Construction: Trash enclosures shall be so constructed that contents are not visible from a height of five (5) feet above grade from any abutting street and shall be constructed of solid or ornamental pierced masonry walls with solid concrete floor sloped for drainage and maintenance of sanitary conditions. Enclosures shall be of sufficient height to conceal contents, including containers, but in no case shall any enclosure be less than four (4) feet in height above grade. Gates are required and shall be solid or baffled, equal in height to the enclosure and equipped with latches to ensure closure when not in use. Central trash enclosures shall be provided for multiple-family developments having five (5) or more dwelling units, and must be accessed in a forward motion at points of ingress/egress.

B. Location: Trash enclosures shall not be located in any required front or side yard.

A. Noise: The sound pressure level of any individual operation shall not exceed the maximum decibel levels set forth in the Fountain Hills Town Code Section 11-1-7, Table 1, with each individual operation being considered a sound source, as such term is defined in the Fountain Hills Town Code Subsection 11-1-7(B)(8), as amended. For purposes of this Subsection 5.19(A), decibel levels shall be measured according to the measurement standards set forth in the Fountain Hills Town Code Section 11-1-7, as amended; provided, however, that for purposes of this Subsection 5.19(A), the registering of a noise complaint shall not be necessary.

B. Smoke: No emission of smoke from any source shall be permitted to exceed a greater density than that density described as No. 1 on the Ringlemann Chart. However, smoke may be emitted, which is equal to but not darker than No. 2 on the Ringlemann Chart, for not more than four (4) minutes in any thirty (30) minute period. For the purpose of grading, the density of smoke, the Ringlemann Chart, as published by the U.S. Bureau of Mines, shall be the standard.

C. Glare or Heat: Any activity producing intense glare or heat shall be performed within a completely enclosed building in such a manner as not to create a nuisance or hazard along lot lines.

D. Vibration: No vibration shall be permitted which is discernible beyond the lot line to the human sense of feeling for three (3) minutes or more duration in any one (1) hour of the day between the hours of 7:00 a.m. to 7:00 p.m., or of thirty (30) seconds or more duration in any one (1) hour during the hours of 7:00 p.m. and 7:00 a.m.

E. Fly Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution: No emission shall be permitted which can cause damage to health, to animals, or vegetation, or other forms of property, or which can cause any excessive soiling.

F. Liquids and Solid Waste: No wastes shall be discharged in the public sewerage system, which endanger the normal operation of the public sewerage system.

G. Odors: No emission of odorous gases or other odorous matter shall be permitted in such quantities as to be offensive in such a manner as to create a nuisance or hazard beyond the property lines.

H. Existing Commercial Landscaping Maintenance Standards:

A. Special Use Permit: Recreation vehicle (RV) parks shall be allowed only within the zoning districts, which specifically allows this use, and shall require a special use permit issued by the Town Council in accordance with Section 2.02 of this Ordinance.

B. Staff Review: RV Parks shall require approval by the staff in accordance with the provisions of Section 2.04 of this Ordinance. The staff shall ensure adequate provision of streets, driveways, walkways, proper layout of the park, proper sanitary facilities, adequate fire protection, adequate protection of surrounding properties, adequate water supply, and compliance with the provisions of this ordinance and codes of the Town of Fountain Hills.

C. Site Specifications:

D. Office and Registration Facilities: Each campground must provide an adequate and easily identifiable office or registration area. Registration facilities must be located so as not to interfere with the normal flow of traffic into and out of the RV Park.

E. Rest Room Facilities: Each RV Park must have the following rest room facilities as a minimum:

F. Maintenance: RV Parks must be well maintained in all areas. This includes the grounds, rest room facilities, buildings and any recreational areas and equipment.

A. No outdoor lighting shall be permitted in residentially zoned areas. Any outdoor lighting in commercial or industrial zoned areas shall be placed so as to reflect light away from any adjoining residential uses.

B. The construction equipment and storage yards shall be enclosed by a view obscuring fence at least six (6) feet and not more than eight (8) feet in height to provide effective site screening from adjoining properties. Fencing materials that obscure at least ninety-five (95%) percent of wall plane of the fence are required.

C. The fence shall not encroach into the required front yard or street side yard areas of the lot or parcel.

D. There shall be no automobile parking, equipment parking, or material storage outside of the fenced area.

E. All employee parking shall be within the approved fenced construction equipment and storage yard.

F. All uses shall be maintained in such a manner that they are neither obnoxious nor offensive by reason of emission of odor, dust, smoke, gas, noise, vibration, electromagnetic disturbance, radiation, or other similar causes detrimental to the public health, safety or general welfare.

G. The storage yard must be surfaced with a dust free material approved by the Town Engineer.

H. All activities in the construction equipment and storage yard shall conform to the time limitations specified in Article 7-6 of the Town Code.

I. Only the areas which have a slope of less than fifteen percent (15%) and the percentage of the aggregate area with a slope of fifteen percent (15%) or greater that does not exceed the maximum lot coverage allowance as prescribed in the respective primary zoning district may be disturbed.

J. No site may be permitted for more than six (6) months.

K. Vegetation shall be reestablished on all exposed fill slopes, cut slopes, and graded surfaces by means of a mixture of grasses, shrubs, trees or cacti to provide a basic ground cover which will prevent erosion and permit natural revegetation upon removal of the construction equipment and storage yard activity. Revegetation plans must be submitted to and approved by the Town of Fountain Hills prior to the granting of the encroachment permit. Revegetation of cut and fill slopes shall be done in such fashion as to restore those graded slopes to an appearance approximating, as closely as possible, their natural state. Indigenous plant materials or low water usage shrubs, trees and grasses must be used.