FOUNTAIN HILLS DECLARATION OF RESERVATIONS
Definition of Terms
For the purpose of this Declaration of Reservations, the following terms are defined:
Accessory Use
A use naturally and normally incidental to, subordinate to, and
devoted exclusively to the main use of the premises
Accessory Building
A building or structure which is subordinate to, and the presence of which is
incidental to that of the principle building on the same lot.
Air Conditioning Equipment (or units)
Any device which modifies or moves air.
Alley
A passage or way open to public travel, permanently reserved, which affords
generally a secondary means of vehicular access to abutting lots and is not
intended for general traffic circulation.
Apartment (Condominium)
One or more rooms designed as a residential unit occupying all or part of a
floor or floors in a building of one or more floors or stories, but not the
entire building.
Architectural Committee
The Neighborhood Property Owners Association's (NPOA) Neighborhood Committee of
Architecture (NCOA).
Approved
Approved in writing by the Neighborhood Committee of Architecture or its
designated agent and upon signature of applicant accepting Limitations or
Conditions of approval.
Association of Co-Owners (Council of
Co-Owners or Property Owners Association)
All of the owners of apartments, townhouses, or cottages included in the
buildings erected on land in a Condominium project.
Automobile Service Station
An automobile service station which supplies gasoline and diesel fuel to motor
vehicles, and including grease racks or elevators, wash racks or pits, tire
repairs, battery servicing and repairing, ignition service, sales of motor
vehicle accessories and other customary services for automobiles, but excluding
painting, body work, and steam cleaning.
Basement (Cellar)
That portion of a building between floor and ceiling which is partly above
grade, but so located that the vertical distance from grade to floor below is
less than the vertical distance from grade to ceiling.
Buildable Area
The portion of a lot which is within the envelope formed by the required yards.
See "Yard, Required".
Building
A structure having a roof supported by columns or walls for housing, shelter, or
enclosure or persons, animals, chattels or property of any kind.
Building, Community
A public building designed or used for community activities of an educational,
recreational, or public service nature.
Building, Condominium Project
The principal structure or structures erected or to be erected upon the land
described in a Declaration to a Horizontal Property Regime.
Building Height
The vertical distance from the average finished ground level of the site to the
highest point of the structure directly above said ground level. On
sloping sites, variances may be granted by the Committee.
Building, Principle
A building in which is conducted the principle use of the lot on which it is
situated. In a residential zoning district any dwelling is deemed to be
the principle building on the lot in which it is situated.
Building Site
The ground area of a building or group of buildings together with all open
spaces as required by Declaration of Reservations.
Carport
A permanent roofed structure with two or more open sides used or intended to be
used for automobile shelter and storage. provided said storage is concealed from
public view, with a minimum dimension under roof of 10'x20'.
Club
An association of persons, whether incorporated or unincorporated, for some
common purpose but not including groups organized primarily to render a service
carried on as a business.
Committee or Committee of Architecture
The Neighborhood Committee of Architecture.
Concealed from Public View
To be concealed or hidden, so as not to be easily seen by people
outside the property upon which the concealed object exists, rests or is stored.
Condominium
All of the land, buildings, and other improvements located on, and the
restrictions, covenants, rules, and regulations pertaining to land submitted to
a Horizontal Property Regime allowing individual ownership of residences and the
ownership of the community land and improvements collectively.
Co-Owner (Condominium)
A person, corporation, partnership, or other legal entity capable of
holding or owning any interest in real property who owns all or an interest in
an apartment, townhouse, or cottage, subject to a Horizontal Property Regime.
Co-Owner Interest (Condominium)
The fractional or percentage interest ascribed to each apartment, townhouse, or
cottage by the Declaration to a Horizontal Property Regime.
Cottage (Condominium)
A one family detached dwelling which may be part of a Horizontal Property
Regime.
Dwelling
A building or portion thereof designed or used exclusively for residential
purposes, including attached garage or carport, one family, two family, and
multiple dwellings, but not including hotels, motels, and trailers.
Dwelling Group
A group of three (3) or more buildings which occupy a parcel of land in one (1)
ownership and have a yard in common.
Dwelling, Multiple
A building or portion thereof designed for occupancy by three (3) or more
families.
Dwelling, Single-Family
A building designed for occupancy by one (1) family.
Dwelling, Two-Family
A building designed for occupancy by two (2) families.
Dwelling Unit
One or more rooms in a dwelling designed for occupancy by one family for living
purposes and having its own cooking and sanitary facilities.
Family
An individual, or two or more persons related by blood or marriage or legal
adoption, or a group of unrelated persons not to exceed three (excluding
servants) living together as a single housekeeping unit in a dwelling unit.
Floor Area
The sum of the gross horizontal areas of every floor of all buildings on the lot
measured from the exterior faces of the exterior walls or from the center line
of walls separating the buildings, including basement floor area, elevator
shafts and stairwells at each floor, floor space used for mechanical equipment,
penthouses, interior balconies and mezzanines, and enclosed porches, but not
including any space devoted to parking, or to loading and unloading.
Garage, Private
An accessory building or portion of a principal building designed or used for
the parking or temporary storage of motor vehicles of occupants in the building
to which such garage is accessory, but not including the parking or temporary
storage of delivery or truck motor vehicles having a capacity in excess of
one(1) ton.
Garage, Public
A building or portion thereof, other than a private garage, designed or used for
servicing, repairing, equipping, hiring, selling, or storing motor vehicles.
Fountain Hills
Fountain Hills is the Town of Fountain Hills.
General Common Elements (Condominium)
As to property subject to a Horizontal Property Regime, the land on which
the building is erected;
The foundation, basement, floors, and exterior walls of each apartment and/or townhouse and of the building, ceiling, and roofs, halls, lobbies, stairways, and entrances and exits, or communication ways, except as may be otherwise specifically provided in the Declaration to a Horizontal Property Regime;
The compartments or installations of central services for public utilities, common heating and refrigeration units, reservoirs, water tanks and pumps servicing more than one apartment, townhouse or cottage;
All devices and premises designed for common use or enjoyment by more than one owner of a single apartment, townhouse or cottage.
Grade
For buildings having walls adjoining one street only, the elevation of the
roadway at the center of the wall adjoining the street.
For buildings having walls adjoining more than one street, the average of the elevation of the roadway at the centers of all walls adjoining the streets.
For buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the centers of all exterior walls of the building.
Any wall parallel or nearly parallel to and not more than five feet from a street line is considered as adjoining the street.
Guest
Any transient person who rents or occupies a room for sleeping purposes.
Guest Room
A room which is designed for occupancy by one or more guests for sleeping
purposes, but having no cooking facilities and not including dormitories.
Home Occupation
Any occupation or profession customarily conducted entirely within a dwelling
unit and carried on by a member of the family residing therein, and which
occupation or profession is clearly incidental and subordinate to the use of the
dwelling unit for dwelling purposes and does not change the character thereof,
and in connection with which there are no employees, and no mechanical equipment
except for that which is customarily used for domestic, hobby, or household
purposes. Home occupation includes the use of a dwelling unit by
physician, surgeon, dentist, lawyer, clergyman, or other professional person for
consultation or emergency treatment, but not for the general practice of his
profession. Home occupation does not include clinic, hospital, barber
shop, beauty parlor, animal hospital, advertising or public relation agency,
interior decorator's office or workshop, real estate or insurance office,
stockbroker's office, or similar use.
Horizontal Property Regime
Creation of a Condominium Project in which co-owners own free interests in units
together with fractional interests in general common elements as provided for in
Arizona Revised Statutes Section 33.552, which determines the use to be made of
the improved land whether or not such improvement is composed of one or more
separate buildings of one or more floors or stories.
Hospital
Any building or portion thereof used for the accommodation and medical care of
sick, injured, or infirm persons and including sanitariums.
Hotel
A building designed for, or occupied as the more or less temporary abiding place
of individuals who are lodged with or without meals in which there are six or
more guest rooms and in which no provision is made for cooking in the majority
of the individual rooms or suites and in which ingress and egress to and from
all guest rooms are made through and inside lobby or office.
Hotel, Resort
A building or group of buildings, other than a motel, boarding house, or lodging
house, containing individual guest rooms, suites of guest rooms, and dwelling
units, and which furnishes services customarily provided by hotels.
Industrial waste
Any liquid or matter that does not commonly occur in sewage from residential
sources.
Improved Lot
Any property upon which a structure in any phase of completion has been erected.
Laundry Self-Service
A building within which clothes washing and drying machines, and clothes dry
cleaning machines, either coin operated or attendant operated are provided on a
rental basis for use by individuals for doing their own laundry and dry
cleaning. Self service laundry does not include outdoor drying facilities
or double decking.
Limited Common Elements (Condominiums)
Those elements designed for use by the owners of more than one but less than all
of the apartments, townhouses, or cottages included in a building, except as may
be otherwise specifically provided in the Declaration to a Horizontal Property
Regime.
Loading and Unloading Space
A permanently maintained space on the same lot as the principal building
accessible to a street or alley and not less than ten (10) feet in width, twenty
(20) feet in length, and fourteen (14) feet in height.
Lot
Any lot, parcel, tract of land, or combination thereof, shown on a plat of
record or recorded by metes and bounds that is occupied or intended for
occupancy by a use permitted in this Declaration of Reservations.
Lot Area
The area of a horizontal plane within the lot lines of a lot.
Lot, Corner
A lot which has an interior angle of 135 degrees or less at the intersection of
two street lines. A lot abutting upon a curbed street is considered a
corner lot if the tangent to the curve at the points of intersection of the side
lot lines intersect at any interior angle of 135 degrees or less.
Lot Coverage
The percentage of the area of a lot which is occupied by all buildings or other
covered structures.
Lot Depth
For lots having front and rear lot lines which are parallel, the shortest
horizontal distance between such lines; for lots having front and rear lot lines
which are not parallel, the shortest horizontal distance between the midpoint of
the front lot line and the midpoint of the rear lot line; and for triangular
shaped lots, the shortest horizontal distance between the front lot line and a
line within the lot, parallel to and at a maximum distance from the front
lot line, having a length of not less than ten feet.
Lot, Interior
A lot other than a corner lot.
Lot, Key
A lot adjacent to a corner lot having its side lot line in common with a rear
lot line of the corner lot and fronting on the street which forms the side
boundary of the corner lot.
Lot Line
Any line bounding a lot.
Lot Line, Front
The boundary of a lot which separates the lot from the street; and in the case
of the corner lot, the front lot line is the shorter of the two (2) lot lines
separating the lot from the street except that where these lot lines are equal
or within 15 (15) feet of being equal, either lot line may be designated the
front lot line, but not both.
Lot Line, Rear
The boundary of a lot which is most distant from, and is, or is most nearly
parallel to the front lot line; except that in the absence of a rear lot line as
is the case of the triangular shaped lot, the rear lot line may be considered as
a line within the lot, parallel to and at a maximum distance from the front lot
line, having a length of not less than ten (10) feet.
Lot Line, Side
The boundary of a lot which is not a front lot line of a rear lot line.
Lot of Record
A lot which is part of a subdivision, the plat of which has been recorded in the
office of the County Recorder of Maricopa County; or a lot, parcel, or tract of
land, the deed of which has been recorded in the Office of the County Recorder
of Maricopa County.
Lot, Through
A lot having a pair of opposite lot lines abutting two (2) streets, and which is
not a corner lot. On such lots, both lot lines are front lot lines.
Lot Width
For rectangular lots, lots having side lot lines not parallel, and lots on
the outside of the curve of a street, the distance between side lot lines
measured at the required minimum front yard line on a line parallel to the
street or street chord; and for lots on the inside of the curve of a street, the
distance between side lot lines measured thirty (30) feet behind the required
minimum front yard line parallel to the street or street chord.
Mobile Home
A dwelling unit, factory built and factory assembled, designed for conveyance,
after fabrication, on streets and highways on its own wheels or on a flatbed or
other trailers, and arriving at the site where it is to be occupied as a
dwelling unit complete and ready for occupancy except for minor and incidental
unpacking and assembly operations such as locating on jacks or other
foundations, or connection to utilities.
Model Homes
A home constructed on a lot within the subdivision of Fountain Hills which is
used by its owners, builder or developer to display and sell other similar homes
offered by the owner, builder of developer within the subdivision of Fountain
Hills.
Motel
A building or group of buildings containing guest rooms or dwelling units, some
or all of which have a separate entrance leading directly from the outside of
the building with garage or parking spaces located on the lot and designed,
used, or intended wholly or in part for the accommodation of automobile
transients. Motel includes motor courts, motor lodges, and tourist courts,
but not mobile home parks or travel trailer parks.
Parking Lot
An area, other than a street or alley, devoted to unenclosed parking spaces.
Parking Space
A permanently surfaced area, enclosed or unenclosed, of not less than eight
feet, six inches in width and having and area of not less than 180 square feet,
together with a driveway connecting the parking space with a street or alley and
permitting ingress and egress of an automobile.
Paving
A substance which is concrete, asphalt, asphaltic seal coat over rock
base, or any other quality paving material approved by the Committee of
Architecture.
Person
An individual, firm, company, co-partnership, joint venture, association, club,
fraternal organization, corporation, estate, trust, receiver, organization,
syndicate, city, county, municipality, district, or other political subdivision,
or any other group or combination action as a unit.
Power Distribution Systems
Power distribution systems shall consist of the primary and secondary circuits,
transformers, etc., and service drop lines required to service buildings and
dwellings.
School
An institution of learning, such as elementary and secondary schools, colleges,
and universities, that offers instruction in several branches of learning and
study, but not including business colleges, nursery schools, dancing schools,
riding academies, or trade or vocational schools.
Story
That portion of a building included between the surface of any floor and the
surface of the floor next above; or, if there is no floor above, the space
between the floor and the ceiling next above. A basement shall not be
counted as a story.
Story, Half
A space under a sloping roof which has the line of intersection of roof decking
and wall not more than three (3) feet above the top floor level and in which
space not more than sixty per cent of the floor area is completed for principal
or accessory use.
Storage
Continuous location for a period of 48 hours, or the intermittent location over
a period of seven days or more.
Street
A public thoroughfare which affords the principle means of access to abutting
property.
Street Line
The boundary which separates the right-of-way of a street from the abutting
property.
Structural Alteration
Any change in the supporting members of a building, such as bearing walls or
partitions, columns, beams, or girders, or any complete rebuilding of the roof
or exterior walls.
Structure
Anything constructed or erected which requires location on the ground or
attached to something having location on the ground, but not including tents,
vehicles, travel trailers, or mobile homes.
Temporary Buildings
Any structure not having a permanent concrete foundation.
Townhouse (Condominium)
A dwelling unit occupying all or part of a floor or floors in a building of one
or more floors or stories but not the entire building, except in those
condominium projects in which one of several buildings may contain only one
townhouse.
Travel Trailer
Any unit designed for use for living or sleeping purposes which may or may not
be equipped with wheels or other similar devices for the purpose of transporting
said unit from place to place.
Unit (Condominium)
An apartment, townhouse, or cottage together with the fractional or percentage
of interest in the general common elements ascribed to it and the right of
exclusive use and occupancy to areas or facilities assigned to it by the
Declaration to the Horizontal Property Regime.
Use
The purpose for which land or a building is designed, arranged, or intended, or
for which either is, or may be, occupied or maintained.
Use, Accessory
A use which is customarily incidental and subordinate to the principal use of a
lot or a building, including bona fide servant or caretaker quarters, and
located on the same lot therewith.
Use, Principal
The main use of land or a building as distinguished from an accessory use.
Vacant Lot
A lot upon which there is no approved structure, in any stage of completion.
Variance
Re-plat, Lot join, Lot split.
Vehicle
A device or contrivance designed or used to carry persons or objects including
but not limited to boats, trailers, trucks, campers, motor homes, etc.
Yard
The open space at grade level between a building and the adjoining lot lines,
unoccupied and unobstructed by any portion of a structure from the ground
upward, except as otherwise provided in this Declaration of Reservations.
In measuring a yard for the purpose of determining the width of a side yard, the
depth of a front yard, or the depth of a rear yard, the minimum horizontal
distance between the lot line and the principal building is to be used; however,
on any lot wherein a setback line has been established by the regulations of
this Declaration of Reservations for any street abutting the lot, such
measurement is to be taken from the principal building to the lot setback line.
See "Yard, Required".
Yard, Front
A yard extending across the front width of a lot and being the minimum
horizontal distance between the street line and the principal building or any
projection thereof, other than steps, unenclosed balconies, and unenclosed
porches. The front yard of a corner lot is the yard adjacent to the
designated front lot line.
Yard, Rear
A yard extending between the side yards of a lot or between the side lot lines
in the absence of side yards, and being the minimum horizontal distance between
the rear lot line and the rear of the principal building or any projection
thereof, other than steps, unenclosed balconies or unenclosed porches. On
corner lots and interior lots the rear yard is in all cases at the opposite end
of the lot from the front yard.
Yard, Required
The minimum open space as specified by the regulations of this Declaration of
Reservations for front, rear, and side yards, as distinguished from any yard
area in excess of a minimum required. See "Buildable Area".
Yard, Side
A yard between the building and the side lot line of a lot and extending from
the front yard to the rear lot line as defined or along the full depth in
absence of front and rear yards and being the minimum horizontal distance
between the side lot line and the site of the principal building or any
projection thereof, other than steps, unenclosed balconies or unenclosed
porches, An interior side yard is defined as the side yard adjacent to the
common lot line.