New Chapter 6 Residential

Chapter 6 
Single-Family Residential Zoning Districts 
Section 6.01 Purpose 
The Single-Family Residential Districts are designed to provide for a wide range of single-family 
residential land use areas. The purpose of these Districts is to protect the stability of existing 
neighborhoods and to encourage desirable new residential developments, encompassing the 
many lifestyles and areas of the Town, from large-lot development to cluster development. It is 
also the intent of these Districts to accommodate the needs of single-family residential 
neighborhoods by providing for associated, limited, nonresidential uses, including religious, 
educational and recreational facilities. The Single-Family Residential Districts are further 
delineated in the following categories: 
A.  Low-Density Residential Districts: 
1.  R1-190. Single-Family Residential Zoning District – 190,000 Square Feet Per welling Unit: 
The principal purpose of the zoning district is to conserve and protect open space land 
uses, foster orderly growth in steep topography, and prevent urbanization of significant 
topographic areas with native desert vegetation. The primary purpose of requiring large 
minimum lots not less than one hundred ninety thousand (190,000) square feet in area is 
to discourage small lot or residential subdivisions where public facilities such as water, 
sewage disposal, parks, and playgrounds, and governmental services such as police and 
fire protection are not as readily available or could not reasonably be made available. 
Principal uses permitted in this zoning district include both low-density single-family 
residential, recreational and institutional uses. 
2.  R1-43. Single-Family Residential District – One-Acre Per Dwelling Unit: The principal 
purpose of this zoning district is to foster orderly low-density growth and prevent urban 
land use conflicts; but when governmental facilities and services, public utilities and street 
access are available, or can reasonably be made available, applications for change of this 
zoning district to any other single-family residential zoning district will be given favorable 
consideration.

3.  R1-35. Single-Family Residential Zoning District – 35,000 Square Feet Per Dwelling Unit: 
The principal purpose of this Zoning District is to conserve and protect single-family 
residential development where minimum lots of not less than thirty-five thousand (35,000) 
square feet in area are suitable and appropriate, taking into consideration existing 
conditions, including present use of land, present lot sizes, future land use needs, and the 
availability of public utilities. Principal uses permitted in this Zoning District include single-
family dwellings, churches, schools, parks, playgrounds and other community facilities. 
4.  R1-35H. Single-Family Residential Hillside Zoning District – 35,000 Square Feet per 
Dwelling Unit: The principal purpose of this Zoning District is to conserve and protect 
single-family residential development where minimum lots of not less than thirty-five 
thousand (35,000) square feet in area are suitable and appropriate, taking into 
consideration existing hillside conditions, including present use of land, present lot sizes, 
future land use needs, hillside preservation, and the availability of public utilities. Principal 
uses permitted in this Zoning District include single-family dwellings, churches, schools, 
parks, playgrounds and other community facilities. 
B.  Medium Density Residential: 
1.  R1-18. Single-Family Residential Zoning District – 18,000 Square Feet Per Dwelling Unit: 
The principal purpose of this Zoning District is to conserve and protect single-family 
residential development where minimum lots of not less than eighteen thousand (18,000) 
square feet in area are suitable and appropriate, taking into consideration existing 
conditions, including present use of land, present lot sizes, future land use needs and the 
availability of public utilities. Principal uses permitted in this Zoning District include single-
family dwellings, churches, schools, parks, playgrounds and other community facilities. 
2.  R1-10. Single-Family Residential Zoning District – 10,000 Square Feet Per Dwelling Unit: 
The principal purpose of this Zoning District is to conserve and protect single-family 
residential development where minimum lots of not less than ten thousand (10,000) 
square feet in area are suitable and appropriate, taking into consideration existing 
conditions, including present use of land, present lot sizes, future land use needs, and the 
availability of public utilities. Principal uses permitted in this Zoning District include single-
family dwellings, churches, schools, parks, playgrounds and other community facilities. 
3.  R1-10A. Single-Family Residential Zoning District – 10,000 Square Feet Per Dwelling Unit: 
The principal purpose of this Zoning District is to conserve and protect single-family

residential development where minimum lots of not less than ten thousand (10,000) 
square feet in area are suitable and appropriate taking into consideration existing 
conditions, including present use of land, present lot sizes, future land use needs and the 
availability of public utilities. Principal uses permitted in this Zoning District include single-
family dwellings, churches, schools, parks, playgrounds and other community facilities. 
4.  R1-8. Single-Family Residential Zoning District – 8,000 Square Feet Per Dwelling Unit: 
The principal purpose of this Zoning District is to conserve and protect single-family 
residential development where minimum lots of not less than eight thousand (8,000) 
square feet in area are suitable and appropriate taking into consideration existing 
conditions, including present use of land, present lot sizes, future land use needs, and the 
availability of public utilities. Principal uses permitted in this Zoning District include single-
family dwellings, churches, schools, parks, playgrounds and other community facilities. 
5.  R1-8A. Single-Family Residential Zoning District – 8,000 Square Feet Per Dwelling Unit: 
The principal purpose of this Zoning District is to conserve and protect single-family 
residential development where minimum lots of not less than eight thousand (8,000) 
square feet in area are suitable and appropriate taking into consideration existing 
conditions, including present use of land, present lot sizes, future land use needs and the 
availability of public utilities. Principal uses permitted in this Zoning District include single-
family dwellings, churches, schools, parks, playgrounds and other community facilities. 
6.  R1-6. Single-Family Residential Zoning District – 6,000 Square Feet Per Dwelling Unit: 
The principal purpose of this Zoning District is to conserve and protect single-family 
residential development where minimum lots of not less than six thousand (6,000) square 
feet in area are suitable and appropriate taking into consideration existing conditions, 
including present use of land, present lot sizes, future land use needs and the availability of 
public utilities. Principal uses permitted in this Zoning District include single-family 
dwellings, churches, schools, parks, playgrounds and other community facilities. 
7.  R1-6A. Single-Family Residential Zoning District – 6000 Square Feet Minimum Per 
Dwelling Unit: The principal purpose of this Zoning District is to conserve and protect 
single-family residential development where minimum lots of not less than four thousand, 
five hundred (4,500) square feet in area are suitable. Additional useable open space within 
the platted subdivision must be provided, so that when the lot areas and the useable open 
space are combined, they will result in not less than six thousand (6,000) square feet in

area per dwelling unit. This Zoning District may be designated in areas that are suitable and 
appropriate when taking into consideration the existing conditions, including present use 
of land, present lot sizes, future land use needs and the availability of public utilities. 
Principal uses permitted in this Zoning District include single-family dwellings, churches, 
schools, parks, playgrounds and other community facilities. 
Section 6.02 Permitted Uses 
"P" designates use classifications permitted in the Residential District. 
 
"SUP" designates use classifications permitted on approval of a Special Use Permits. 
 
“--” designates use not allowed in that zoning district. 
 
“TUP" designates use classifications permitted on approval of a Temporary Use Permit. 
 
"(x)" a number in parentheses refers to footnotes following the table. 
 
 
Table 6.02 Uses Permitted in Single-Family Residential Zoning Districts 
Land Use Category (See 
Sec. 1.13) 
Zoning Districts 
Zoning 
Requirements 
R1-190, R1-43, R1-35H, R1-35, R1-
18, R1-10, R1-10A, R1-8, R1-8A, R1-
6, R1-6A 
A. Open Space 
Golf Course 
P (1) 
 
Parks and Nature 
Preserves 
P 
 
 
 
 
B. Agricultural 
Corrals 
P (R1-190, R1-43, R1-35H, and R1-35 
only) 
Sec. 6.04 A. 
 
 
 
C. Residential 
Community 
Residence 
P 
Sec. 15.13 
Single Residence

Detached 
P 
Sec. 6.04 B. & 
C. 
 
 
 
D. Public/Quasi-Public 
Community and 
Cultural Activities 
P  
 
Educational Facilities 
Primary and 
Secondary 
Schools 
P 
 
Parks and Recreation 
Facilities 
P 
 
Place of Worship 
P (2) 
 
Protective Services 
P 
 
 
 
 
F. Commercial 
Child/Adult Day Care 
Facility 
TUP 
Sec. 6.04 D. 
Schools, private 
 
 
Primary and 
Secondary Schools 
P(3) 
 
 
 
 
H. Utilities 
Utility Services 
P (4) 
 
 
 
 
I. Accessory 
Guest House 
P (5) 
Sec. 15.06 H. 
Home Day Care 
Center 
P 
Sec. 6.04 E. 
Home Occupation 
P 
Sec. 15.14 
Master-Planned 
Village Sales and 
Information Center 
TUP 
Sec. 6.04 F. 
Model Home 
TUP 
Sec. 6.04 G. 
Swim School 
TUP 
Sec. 6.04 H. 
Wireless 
Communication 
Towers and Equipment 
P 
Chapter 24 
(1) Includes clubhouses but not miniature golf courses. 
(2) Includes accessory columbaria provided that the building area of the columbaria 
shall not exceed ten (10) percent of the total building area of the church buildings.

(3) Private schools allowed if they have curricula substantially the same as customarily 
offered in public schools. 
(4) Not including offices, wastewater treatment plants, generating plants, and wireless 
communication towers and antennas, unless otherwise specifically permitted 
elsewhere in this ordinance. 
(5) May not be used for any commercial or non-residential use and cannot be owned 
separately from the principal building. 
Section 6.03 Prohibited Uses 
Except for items listed above, nonresidential uses or activities of property or dwellings and 
associated structures are prohibited.  
Section 6.04 Specific Regulations 
A.  Corrals for the keeping of horses are permitted in the R1-190, R1-43, R1-35H, and R1-35 
Zoning Districts provided such corrals are located in the rear yard, set back from all lot lines a 
distance of not less than forty (40) feet and contain at least twenty thousand (20,000) square 
feet of area for each horse kept therein. The keeping of horses on properties located in 
residential Zoning Districts in other than permitted corral areas is prohibited.  
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 facade of the dwelling should not include mirror images of each half of the 
building, especially with the placement and orientation of multiple two-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.  Three-quarter or larger bathroom(s); 
c.  Laundry room; 
d.  Kitchen or area for food preparation; 
e.  Separate water heater; 
f.  Separate, direct access from: 
i.  The front side of the property, or 
ii.  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 thirty percent (30%) of the size of 
the livable area of the dwelling unit. 
D.  Child/Adult Day Care Facilities.  A day care center for the care of more than five (5) people 
is permitted by temporary use permit only. A day care center for the care of more than five (5) 
people may be operated in Single-Family Residential Zoning Districts with the following minimal 
stipulations: 
1.  The Day Care Operator must reside in the house. If a nonresidential facility is legally 
used for another purpose, such as a church building, this requirement may be waived.

2.  No more than ten (10) nonresidents may be cared for in a residential structure. 
3.  Only one (1) nonresident employee may be allowed and one (1) additional on-site 
parking space shall be required for this employee. 
4.  One non-tandem parking space shall be required for each five (5) persons, or fraction 
thereof, allowed in the day care center. 
5.  Only one sign not to exceed two (2) square feet in size and mounted flatly on the wall of 
the residence shall be permitted. 
6.  The play yard must be fenced with a minimum five (5) foot high fence. 
7.  No playground equipment, ornamental figures, or designs denoting a Day Care Center 
shall be allowed in front of the front plane of the principal building. 
8.  Any Day Care Center with a swimming pool or other applicable body of water as defined 
in Section 5.09 D. of this Ordinance must meet the requirements for a pool enclosure 
described in that Section. 
9.  Any Day Care Center, which cares for more than five people, shall be required to have a 
valid Fountain Hills Business License and be licensed by the State of Arizona. 
E. Home Day Care Center in an operator's residence, with no swimming pool, for five (5) or less 
people, operation only between the hours of 6:00 A.M. and 8:00 P.M. No signage or other 
evidence of a day care center is permitted. One additional off-street parking space is required. 
Any operation of a day care center prior to 6:00 A.M. and after 8:00 P.M. is permitted only by a 
special use permit. 
F.  Master-Planned Village Sales and Information Center: The developer of a master-planned 
village may operate a master-planned village sales and information center within a residentially 
zoned area by temporary use permit only. In the review for a master-planned village sales and 
information center temporary use permit, the staff may consider lighting, landscaping, hours of 
operation, signage, parking, duration, and neighborhood impact. At a minimum, the following 
standards shall apply: 
1.  On-site sales personnel must be present at least five (5) days a week during normal 
business hours. In no case shall the center be open before 7:00 A.M. or after 9:00 P.M.

2.  The center shall be for the purpose of marketing the specific master-planned village, the 
sale of lots in the master-planned village and the distribution of material concerning the 
attributes of the Town and surrounding areas. The office may not be used as an office for 
the sales of houses, the resale of lots, subdivisions with model homes, or property outside 
of the master-planned village. The sale of country club memberships within the master-
planned village is permitted as an accessory use only if the master-planned village has such 
a country club. 
3.  There shall be at least twenty (20) off-street parking stalls provided. 
4.  The center must be a permanent structure that meets the adopted building codes of 
the Town. 
5.  There shall be no more than one such center in the master-planned village. 
6.  The center shall be removed upon termination of the temporary use permit or the 
completion of the master developer's marketing activities, whichever comes first. 
7.  Signage shall be in conformance with Chapter 6 of this ordinance. 
8.  There shall be a landscape buffer of at least one hundred fifty (150) feet between the 
sales and information center and any occupied residential structures. 
a.  Landscaped areas shall include an approved mixture of drought tolerant or other 
plant materials, and organic and nonorganic ground cover materials. Landscaping shall 
consist of one (1) plant for each twenty (20) square feet of landscape area. At least 
twenty-five (25) percent of the plants shall be 15 gallon or greater plants and the 
remaining plants must be at least five (5) gallon plants. The approval of the above 
mixture of landscape materials shall be by the Zoning Administrator with appeal to the 
Planning and Zoning Commission. 
b.  An automatic irrigation system shall be provided and maintained to all landscaped 
areas requiring water. 
c.  All landscaped areas adjacent to vehicular parking and access areas shall be 
protected by six (6) inch vertical concrete curbing in order to control storm water flows 
and minimize damage by vehicular traffic.

G.  Model Homes: Model Homes may be permitted in a single-family residential area by 
Temporary Use Permit only. In the review for a model home, the staff may consider lighting, 
landscaping, hours of operation, signage, parking, duration, and neighborhood impact. At a 
minimum, the following standards shall apply: 
1.  On-site sales personnel must be present at least five days a week during normal 
business hours. In no case shall a model home be open before 7:00 A.M. or after 9:00 P.M. 
2.  The model home shall be for the purpose of marketing the construction of custom or 
tract homes with a given product line in Fountain Hills. A model home may not be used as 
an office for the marketing of developed property, or the marketing of property outside of 
Fountain Hills. 
3.  An off-street parking stall for each person stationed on site, plus two spaces shall be 
provided. Parking lots for model homes may be located on an adjacent lot owned by the 
owner of the model home. 
H. Swim School: Swim schools may be permitted in residential zones by temporary use permit 
only. At a minimum, the following standards shall apply: 
1.  The swim school shall operate from a single-family dwelling unit. The operation of the 
swim school shall not change the residential character of the dwelling unit. 
2.  All employees of the swim school shall be members of the immediate family residing in 
the dwelling unit where the swim school is being operated, except that one employee may 
be a nonresident. 
3.  The area used for a swim school shall not exceed: 
a. Thirty (30) percent of the area of the rear yard; and, 
b. Twenty-five (25) percent of the gross floor area of the dwelling. 
4.  Customer trip generation shall not exceed twenty (20) trips a day. 
5.  No signs identifying the business or any commercial project or service are allowed. 
6.  Any pool used for a swim school shall be fenced in accordance with subsection 5.09(D) 
of this ordinance, as may be amended from time to time.

7.  Other related activities, including, but not limited to, pool parties and aerobics 
instruction, are not allowed. 
Section 6.05 General Provisions 
The general provisions in Chapter 15 herein shall apply. 
Section 6.06 Signs 
The sign regulations in Chapter 16 herein shall apply. 
Section 6.07 Parking and Loading 
The parking and loading regulations in Chapter 17 herein shall apply. 
Section 6.08 Outdoor Lighting 
The outdoor lighting provisions in Chapter 18 herein shall apply. 
Section 6.09 Plan Review 
The site plan provisions of Chapter 2, Section 2.04, herein shall apply. 
Section 6.10 Density, Area, Building and Yard Regulations 
Table 6.10 specifies the minimum lot sizes, minimum lot width, maximum building heights, 
minimum yard setbacks and maximum lot coverage percentages, and distance minimum 
between buildings.

Table 6.10 Density, Area, Building, and Yard Regulations 
District 
Area 
(Sq. 
Feet) 
Width 
(Feet) 
Bldg. 
Height 
(Feet)f 
Minimum Yard Setbacks (Feet) 
Lot 
Coverage 
Distance 
Between 
Bldgs. 
(Feet) 
Frontf 
Side 
Street 
Side 
Rear 
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 
20d,g 
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 
20d,g 
10 
50% 
6 
a Flag lots permit a 30-foot width provided there are no more than two flag lots adjoining each other. 
b A side entry garage is allowed a 10-foot 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. 
d Or building height, whichever is greater.

e A garage positioned at a 45-degree angle or greater from the front property line must be set back at least 
15. 
f Lots on which the house footprint has an average natural slope in excess of equal to or greater than thirty 
percent (30%) are permitted to utilize the modified front setback and height standards for canyon-side lot, as 
determined pursuant to Section 15.10. 
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.