Fountain Hills Declaration of Reservations
IMPROVEMENT STANDARDS
No building, structure or any kind, fence, patio, or other structure shall be erected, have its exterior altered, be added to, or be placed or be permitted to remain on any of said lots or any of them or any part of any such lot until and unless the plans showing floor areas, external design, landscaping, paved driveways, and parking areas (where required by a particular zone), structural details, and the ground location of the intended structure along with a plot plan have been first delivered to and approved in writing by the Committee. The Committee may require a reasonable fee, not to exceed twenty-five dollars ($25) prior to examining said plans. On all structures submitted for approval, this Committee may require changes, deletions, or revisions in order that the architectural and general appearance of all such buildings and grounds be in keeping with the architecture of the neighborhood and such as not to be detrimental to the public health, safety and general welfare of the community in which such use or uses are to be located. All residential, commercial, and industrial structures shall conform to the requirements of the Uniform Building Code as published by the International Conference of Building Officials, current edition, the requirements of the National Electrical Code, as published by the National Fire Protection Association, current edition, and the Uniform Plumbing Code, as published by the Western Plumbing Association, current edition, as a guide to sound construction, electrical and plumbing installation practices with the Office of the Maricopa County Chief Zoning Inspector.
The architectural character of all buildings, residential or commercial, shall be such that they are in harmony with and compatible to the architectural character adopted by the Committee of Architecture for the zone in which a subject lot is situated, and they shall be in harmony with and compatible to existing structures erected with the given zone.
Notwithstanding any other provisions of this
Declaration of Reservations, it shall remain the prerogative and in the
jurisdiction of the Committee to review applications and grant approvals for
exceptions to this Declaration of Reservations.
Variations from these requirements, and, in general, other forms of deviations
from these restrictions imposed by this Declaration may be made when and only
when such exceptions, variances, and deviations do not in any way detract from
the appearance of the premises and are not in any way detrimental to the
public welfare or to the property of other persons located in the vicinity
thereof, all in the sole opinion of the Committee and in compliance with the
Count of Maricopa and State of Arizona ordinances, laws, rules, and
regulations.
The designated maximum building height and minimum yard requirements may be
waived by the Committee when its sole opinion such structures relative to
sound architectural planning and conform to the overall design and pattern of
the development and are in conformance with the County of Maricopa and State
of Arizona ordinances, laws, rules, and regulations.
A property owner aggrieved by a decision of the
Committee of Architecture regarding his particular lot or parcel shall have
the right to submit the Committee of Architecture's decision to arbitration.
To do so, the property owner within fifteen (15) days of the date of the
Committee of Architecture's decision shall give the Committee or Architecture
written notification of its intention to submit the decision to arbitration.
Within ten (10) days of said notice of intention to arbitrate, the property
owner shall appoint an architect and the Committee of Architecture will also
appoint an architect. The two (2) appointed architects will, within ten
(10) days of their appointment select a third architect. The three
architects shall be registered under the laws of the State of Arizona and
shall serve as an arbitration board to review the decision of the Committee of
Architecture. Their decision shall be final and binding upon the
property owner and the Committee of Architecture. The property owner
shall pay the fee for the architect he appointed, the Committee of
Architecture shall be responsible for paying the fee of the architect it
appointed, and the person who the arbitration award is against shall pay the
fee of the third architect.