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NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS PLANNING AND ZONING COMMISSION
Chairperson Peter Gray
Vice Chairperson Rick Watts
Commissioner Clayton Corey
Commissioner Patrick Dapaah
Commissioner Dan Kovacevic
Commissioner Scott Schlossberg
Commissioner Phil Sevum
TIME:6:00 P.M. – REGULAR MEETING
WHEN:MONDAY, DECEMBER 9, 2024
WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s Council, various Commission, Committee or Board members may be in attendance at the Commission meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Commission are audio and/or video recorded and, as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may
be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents
pursuant to A.R.S. §1-602.A.9 have been waived.
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agenda item, and hand it to the Executive Assistant prior to discussion, if possible.
REGULAR MEETING
Planning and Zoning Commission Meeting of December 9, 2024 2 of 4
REGULAR MEETING
1.CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE – Chairperson Gray
2.ROLL CALL – Chairperson Gray
3.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Commission, and (ii) is subject to
reasonable time, place, and manner restrictions. The Commission will not discuss or take legal action on
matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action.
At the conclusion of the Call to the Public, individual commissioners may (i) respond to criticism, (ii) ask staff
to review a matter, or (iii) ask that the matter be placed on a future Commission agenda.
4.HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: A request for a
Special Use Permit to allow T-Mobile to modify an existing wireless communication facility
at 16239 E. Ironwood Drive (First Assembly of God Church, aka Generation Church).
5.HOLD A PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Amending Chapter
12 (Commercial Zoning Districts) of the Zoning Ordinance by adding provisions to allow
outdoor display of non-gasoline powered vehicles of no more than one ton in the C-1
(Neighborhood Commercial and Professional) zoning district with an approved special use
permit.
6.DISCUSS AND PROVIDE COMMENTS ON: First draft of a proposed new Downtown Overlay
District.
7.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
8.SUMMARY OF COMMISSION REQUESTS from Development Services Director.
9.REPORT from Development Services Director.
10.ADJOURNMENT
Planning and Zoning Commission Meeting of December 9, 2024 3 of 4
Dated this ______ day of ____________________, 2024.
_____________________________________________
Paula Woodward, Executive Assistant
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice)
or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Commission with this agenda are
available for review in the Development Services' Office.
Planning and Zoning Commission Meeting of December 9, 2024 4 of 4
ITEM 4.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/09/2024 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: Farhad Tavassoli, Senior Planner
Staff Contact Information: Farhad Tavassoli, Senior Planner
Request to Planning and Zoning Commission (Agenda Language): HOLD A PUBLIC HEARING,
CONSIDERATION, AND POSSIBLE ACTION: A request for a Special Use Permit to allow T-Mobile to
modify an existing wireless communication facility at 16239 E. Ironwood Drive (First Assembly of God
Church, aka Generation Church).
Staff Summary (Background)
On behalf of AT&T, Crown Castle is proposing to replace an existing wireless communication facility
(WCF) resembling a flagpole with a "monopalm", utilizing the location currently held by the flagpole
site. The SUP for the existing cell tower was approved by the Town Council in 1999. This site is
needed to ensure T-Mobile can continue to deliver their high-speed wireless broadband services to
customers in this area. Crown Castle is proposing to utilize a temporary "cell on wheels" (COW) as a
temporary fix while the replacement site is constructed. The COW will be in place approximately 60
days, and will be removed once the replacement monopalm is up and operational.
The replacement monopalm will be 65’ tall, measure to the top of the fronds. The antennas will be
mounted at the 56’ level. The existing flagpole is 55’ overall height. The monopalm design will allow
T-Mobile to install a full array of antennas, whereas the flagpole limited the antennas to a
double-stack canister mount that limits capacity and expansion. The monopalm array will be set
where the tips of the fronds will extend past the antennas to aid in screening. The monopalm trunk
will have an exterior finish resembling a natural palm trees in color and texture. The antennas and
mounts will be painted to match the fronds. All cabling will be internal to the monopalm and not
visible to the public.
The monopalm will be set in place where the flagpole is currently located. The design will use the
existing foundation without expansion to the existing carrier compound. Existing utilities will also be
utilized. The temporary use COW will be set to the south side of the Church parking lot on a lower
level. Conceptually, the COW trailer will be screened and secured with a chain link fence, shielded
with slats or shading material. The COW will be extended to a 51’ height with antennas mounted at
the 47’ level. There will not be any lights on the COW or the monopalm. The COW will remain in place
during the construction of the monopalm site and be taken down once the monopalm is up and
operational. The estimated time for the COW to be in place and operational is 60 days.
The six-antenna array will consist of three sectors of two antennas each. Existing equipment behind
the existing 5-foot screen wall by the base of the tower will also be replaced with updated equipment.
In granting a special use permit, the Town may impose conditions to the extent such conditions are
necessary to minimize any adverse effect of the proposed antennas on adjoining properties.
Analysis
The request was filed prior to the recently approved revision to Chapter 17 (Wireless
Telecommunications and Antennas). Therefore, the prior language of the Zoning Ordinance is used to
analyze the details of the request. Section 17.06.B.3 of that version specifically outlines the factors to
be considered when reviewing such an application.
Factors Considered in Granting Special Use Permits for Towers. In addition to any standards for
consideration of Special Use Permit applications pursuant to Chapter 2, Section 2.02 of this Zoning
Ordinance, the Town Council shall consider the following factors in determining whether to issue a
Special Use Permit, although the Town Council may waive or reduce the burden on the applicant of
one or more of these criteria if the Town Council concludes that the goals of this ordinance are better
served thereby:
a. Height of the proposed tower; The proposed antenna arrays and screening will reach a height of
65’ tall. This exceeds the 30’ height limit of the R1-10 zoning district by 35’. This requirement may be
waived for communication antennas as part of the Special Use Permit by the Town Council when
deemed appropriate.
Staff: Staff believes that the increased height of the permanent WCF replacement will have greater
visual impact to neighboring properties, but such impact is mitigated by the stealth design and
aesthetic elements applied to the monopalm, such as palm fronds extending past the antennas to aid
screening as well as the exterior finish of the trunk resembling natural palm trees in color and texture.
However, the temporary antenna will create a more undesirable visual impact as it employs no
aesthetic treatment. Regardless of the treatments applied, a Special Use Permit is required because
the height exceeds the 30' foot limit allowed in single-family zoning districts.
The zoning ordinance requires that any antenna be constructed so that its “fall down” distance (equal
to 300% of the height of the antenna in a residential district) is entirely contained within the
boundaries of the property it is located on. This is a precaution against any off-site damage to
adjoining properties or structures should it fall. This requirement may be waived as part of the Special
Use Permit by the Town Council when deemed appropriate.
Staff: In the unlikely event that the WCF were to fall down, the antenna will still be entirely contained
within the property. However, the "fall down" distance is well short of the 300% of the height of the
antenna in a residential district. Therefore, a Special Use Permit is required.
b. Proximity of the antenna to residential structures and residentially zoned district boundaries;
The zoning ordinance requires that any antenna within 300’ of residentially zoned property receive
Special Use Permit approval from the Town Council.
Staff: Aside from the subject property being entirely surrounded by residential zoning districts, the
proposed location is within the R1-35 zoning district. Therefore, staff’s opinion is that the residential
proposed location is within the R1-35 zoning district. Therefore, staff’s opinion is that the residential
setback requirements have not been met and Special Use Permit is required.
c. Nature of uses on adjacent and nearby properties; The property contains an existing church. The
adjacent Fountain Hills Blvd right-of-way is approximately 146' from the proposed antenna location.
The adjacent Ironwood Blvd right-of-way is approximately 132’ from the proposed antenna location.
Staff: Staff believes that the proposed antennas will have no negative impacts on the surrounding
properties should an antenna fall during a storm or as a result of an accident. Staff’s opinion is that the
requirement that the proposal not be detrimental or hazardous to surrounding properties has been met.
d. Surrounding topography; The surrounding topography will not present any problems with the
placement or use of the antennas.
Staff: Staff’s opinion is that the topography will not affect the antenna placement.
e. Surrounding tree coverage and foliage; The existing site is fully landscaped. Coverage consists of
typical desert trees and bushes.
Staff: Staff’s opinion is that the visual impact of the antennas will not be affected by site landscaping.
Therefore, staff does not feel there is a need to require additional landscaping.
e. Design of the antenna, with particular reference to design characteristics that have the effect of
reducing or eliminating visual obtrusiveness; The proposed antennas will be located on the building
roof and screened from view by “RF friendly” cupola walls that are painted and textured to match the
existing building.
Staff: Staff believes that the visual impact is lessened by its stealth design; however, the proposed
height could still pose a visual concern.
g. Proposed ingress and egress; The proposed antennas are located on the church roof and will be
accessible via ladder by authorized personnel only.
Staff: The proposal has excellent access and egress and will not create a safety hazard.
h. Availability of suitable existing towers, other structures, or alternative technologies not requiring
the use of towers or structures, as discussed in Section 17.06(B)(4) of this chapter; Section 17.06.B.4
specifically relates to the construction of new towers where none previously existed. In such cases the
town should require proof that other less-obtrusive options are not available.
Staff: The applicant states that there are no alternative towers for co-location in the vicinity. The
applicant also states that there are no alternative technologies immediately available. Staff believes
that the antenna style and location would be appropriate for the area if the height could be lowered
to more closely conform to the district’s maximum height allowance.
Good Neighbor Statement
Because of the nature of the use, the applicant has provided a good neighbor statement summarizing
their intent to properly maintain the monopalm with the intent of respecting neighborhood quality of
life.
Citizen Participation
To fulfill the citizen participation requirement for special use permit requests, the applicant sent out
notification letters to all the neighboring landowners within 300' of the church property. The letter
invited neighbors to provide input regarding the request. The applicant also reached out to the
Neighborhood Property Owners Association via telephone. To date, no opposition was received by the
applicant nor by staff.
Related Ordinance, Policy or Guiding Principle
Fountain Hills Zoning Ordinance Chapter 2 Section 2.02 - Special Use Permits
Fountain Hills Zoning Ordinance Chapter 17 - Wireless Telecommunications Towers and Antennas
Risk Analysis
Approval of the Special Use Permit will result in the 55' stealth WCF flagpole being replaced with a 65'
stealth "monopalm" and appurtances WCF. The antennas and cupola will reach a total height of 50’.
Denial of the Special Use Permit will require that the applicant seek an alternative site or antenna
design.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Although replacement of the flagpole entails a 10-foot increase in height, Staff believes that the
stealth and aesthetic nature of the monopalm mitigates the visual impact of the WCF to neighboring
residents and does not create unreasonable conditions. The Commission may wish to stipulate a
duration limit on the COW, such as the 60 days indicated by the applicant. Therefore, staff
recommends that the Planning and Zoning Commission vote to forward a recommendation to Town
Council to approve the proposed Special Use Permit for the temporary COW and monopalm.
SUGGESTED MOTION
MOVE to approve the Special Use Permit as requested.
Attachments
Case Map
Applicant Narrative
Preliminary Site Plan
Photo Simulations
Citizen Participation Plan
Citizen Participation Report
Good Neighbor Statement
Vicinity
CASE: SUP24-000008
SITE / ADDRESS:
16239 E IRONWOOD DR
APN 176-05-397
REQUEST:
A SPECIAL USE PERMIT TO ALLOW
T-MOBILE TO REPLACE AN EXISTING
WIRELESS COMMUNICATION FACILITY
WITH A TEMPORARY CELL-ON-WHEELS
AND THEN A 65-FOOT "MONOPALM", IN
THE R1-35 SINGLE-FAMILY RESIDENTIAL
ZONING DISTRICT.
All that is Ariz on a
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1
SPECIAL USE PERMIT
TOWN OF FOUNTAIN HILLS
SEPTEMBER 13, 2024
1. Proposal Summary Information
Crown Castle Site: 1ST ASSEMBLY CHURCH, #824055
Prepared by: Michael J Campbell
Campbell A&Z, LLC
6880 W. Antelope Dr
Peoria AZ 85383
Ryan Quintel
Crown Castle
2055 S. Stearman Dr.
Chandler, AZ 85286
Prepared for: Crown Castle
2055 S Stearman Dr
Chandler AZ 85285
Property Owner: Generation Church Arizona
1010 S Ellsworth Rd, Unit A
Mesa AZ 85208
Request: Special Use Permit Wireless Communication Facility
Cellular on Wheels(COW) & Monopalm
Site Location: Generation Church
16239 E Ironwood Drive
Legal Description: A portion of the Section 25, Township 2 North, Range 6 East of
the G&SRBM, Pima County, AZ
APN#: 176-05-397
Zoning: R1-35
2
2. Introduction_______________________________________________________________________
Crown Castle, a wireless communications infrastructure company operating in the Town of Fountain Hills,
owns and operates the Wireless Communications Facility located at 16239 E Ironwood Dr.(“Existing Site”).
The Existing Site accommodates T-Mobile Wireless. The carrier has provided wireless communications
coverage in the area for the last 20 years. The site was approved by the Town and built in the early 2000’s.
Crown Castle is one of the largest providers of shared communications infrastructure in the United States,
with approximately 40,000 cell towers comprising approximately 91,000 installations. Crown Castle’s
extensive infrastructure serves as the backbone of the nation’s communication network. The Existing Site
is a critical component of that network, will provide Network continuity for the public interest, continuing
911-call service and long-term stability for T-Mobile current service levels in the Town of Fountain Hills.
3. Project Goals_______________________________________________________________________
The goal of this application is to maintain continued coverage in the area by the proposed replacement
wireless facility. The existing site, flagpole canister design, is no longer functional for the T-Mobile array.
This relocation will allow the existing carrier, T-Mobile to provide continued wireless services to the
community for emergency services, business, and personal use. The COW will be set in place and
operational while the existing site is decommissioned and rebuilt as a monopalm.
Existing Site
3
This proposal describes the scope of the proposed project by providing specific information regarding the
project location, zoning, specifications, in relation to the Town of Fountain Hills code requirements
pertaining to Wireless Communications Facilities (WCF).
It is Crown’s desire to work with the Town to ensure that the project is consistent with the Town’s
development guidelines and its surroundings while maintaining the existing wireless communications
coverage that is critical for emergency, business, and personal use.
4. Request___________________________________________________________________________
This application submittal anticipates that the following formal request be made to the Town of Fountain
Hills
• Special Use Permit for the Cellular on Wheels, (COW) and the Replacement WCF
Monopalm
5. Project/Site Description______________________________________________________________
The Proposed Replacement Site monopalm will be utilizing the location currently held by the flagpole
site.This site is needed to ensure T-Mobile can continue to deliver their high speed wireless broadband
services to their custmoers in this area. Crown Castle is proposing to utilize a COW as a temporary fix
while the replacement site is constructed. The COW will be in place approx 60 days, and will be removed
once the replacement monopalm is up and operational.
The replacement monopalm will be 65’ tall, top of the fronds measurement. The antennas will be
mounted at the 56’ level. The existing flagpole is 55’ overall height. The monopalm design will allow T-
Mobile to install a full array of antennas, weheras the flagpole limited the antennas to a double stack
tcanister mount that limits capcaity and expansion. The monopalm array will be set in where the tips of
the fronds will extend past the antennas to aid in screening. The monopalm trunk will have an exterior
finish resembling a natural palm trees in color and texture. The antennas and mounts will be painted to
match the fronds. All cabling wi be internal to the monopalm and not visible to the public.
The monopalm will be set in place where the flagpole currently is located. The design will be to use the
existing foundation wothout expansion to the existing carrier compound. Existing utilities will also be
utilized.
The temporary use COW will be set to the south side of the Church parking lot on a lower level.
Conceptually the COW trailer will be screend and secure with a chain link fence, shielded with slats or
shading material. The COW will be extended to a 51’ height with antennas mounted at the 47’ level. There
will not be any lights on the COW or the monopalm.The COW will remain in place during the cosntruction
of the monopalm site and be taken down once the monopalm is up and operational. The estimeted time
for the COW to be in place and operational is 60 days.
4
Proposed Site w/ the monopalm
Proposed WCF Location
5
The proposed structure will follow all City building codes and design standards as directed by the Building
Safety Department.
Project Data Table
Proposed site location vegetation
As the existing site is situated at the side of the parking lot, there is minimal vegetation surrounding it.
The decision to design the replacement site as a monopalm was due to the lower visual impact over an
evergreen tree concept.
Looking west at the proposed site location
Site Development
Regulations
Existing Proposed
Current Height 53’ 65’
Setbacks N: 129’, S: 257’, E:141’, W: 149’ N: 129’, S: 257’, E:141’, W: 149’
Setback non-residential N/A N/A
Setback from residential N: 129’, S: 257’, E:141’, W: 149’ N: 129’, S: 257’, E:141’, W: 149’
Landscape N/A N/A
6
6. Site Justification____________________________________________________________
A. Least Intrusive Means to Fill a Significant Gap in Coverage.
Section 332(c)(7)(B)(i)(II) of the Federal Telecom Act bars local governmental decisions from precluding
the provision of wireless services:
The regulation of the placement, construction, and modification of
personal wireless service facilities by any State or Local government or
instrumentality thereof—
(II) shall not prohibit or have the effect of prohibiting the provision of
personal wireless services.
The search area in which a site can be relocated is limited because each site is a link in a chain of sites and
cannot move very far in any direction once the network has been established. Moving too far one way or
another would cause interference or create a gap in coverage.
Search Ring
The unique opportunity to utilize the existing pole foundation reduced the need to look elsewhere for the
replacement site. With this, there was no search ring issued for this relocation.
7
Wireless Fact Sheet
Wireless telecommunications are the primary mode of communication for Americans in the twenty-first
century. That fact is amply demonstrated by the latest surveys in the industry, which reveal that over 50
percent of American homes rely solely on wireless devices. Over 90% of households have at least one
mobile phone. In a recent report, the “National 911 Program,” which is an office housed within the
National Highway Traffic Safety Administration, found that “80 percent of consumers are using cellular
phones to make 911 calls.” Wireless communications are a critical part of a community’s health, safety
and welfare. Below is a depiction of the statistics of wireless devices usage.
7. Zoning____________________________________________________________________________
The Proposed Site is in the Town of Fountain Hills jurisdiction. The parcel is zoned R1-35. The adjacent
lands are zoned R1-35and R-2.
Zoning Project Data Table
Surrounding Land Use & Zoning Designations:
Direction Existing Zoning Existing Use
Site R1-35 Wireless Communication
Facility & Church parking lot
North R1-35 Residential
East R-2 Residential
South R1-35 Open space & residential
West R1-35 Residential
8
Distance from surrounding Residential
Fountain Hills Zoning Map
8. Analysis of Federal Law______________________________________________________________
1. Federal Telecommunications Act of 1996
In addition to local and state law, this application is governed by the federal Communications Act, 47
U.S.C. § 332(c)(7)(B). In the Telecommunications Act of 1996, Pub. L. No 104-104, 110 Stat. 56 (“Telecom
Act”) Congress added Section 332(c)(7)(B), which provides rights to wireless service providers and
establishes limitations upon state and local zoning authorities with respect to applications for permits to
construct wireless service facilities. The express purpose of the Act is “to promote competition and reduce
Direction Distance Existing Use
North 129.9’ R1-35
East 141.4’ R2
South 257.9’ R1-35
West 149.4’ R1-35
9
regulation in order to secure lower prices and higher quality services for American telecommunications
consumers.” Pub. L. No. 104-104, 110 Stat. 56, 56 (1996); see also City of Rancho Palos Verdes v. Abrams,
544 U.S. 113, 115 (2005). It also is intended to “encourage the rapid deployment of new
telecommunications technologies.” Id.; see also H.R. Conf. Rep. No. 104-458, at 113 (1996) (purpose of
the 1996 Act is “to provide for a pro-competitive, deregulatory national policy framework designed to
accelerate rapidly private sector deployment of advanced telecommunications and information
technologies and services . . . by opening all telecommunications markets to competition”).
Recognizing that wireless service can bring enormous benefits to communities and can boost jobs and
economic productivity, this important law and subsequent regulations applicable to wireless facilities,
were enacted to remove impediments to and promote the rapid deployment of wireless technology on a
national basis.
The applicable limitations and directives include the following:
(a) State and local governments may not unreasonably discriminate among providers of functionally
equivalent services (§332(c)(7)(B)(i)(I)).
(b) State and local governments may not regulate the placement, construction or modification of
wireless service facilities in a manner that prohibits, or has the effect of prohibiting, the provision of
personal wireless services (better known as the “effective prohibition clause”) (§332(c)(7)(B)(i)(II)).
(c) State and local governments must act on requests for authorization to construct or modify
wireless service facilities within a reasonable period of time (§332(c)(7)(B)(ii)).
(d) Any decision by a state or local government to deny a request for construction or modification of
personal wireless service facilities must be in writing and supported by substantial evidence contained in
a written record (§332(c)(7)(B)(iii)).
(e) Finally, no state or local government or instrumentality thereof may regulate the placement,
construction or modification of personal wireless service facilities on the basis of the perceived
environmental effects of radio frequency emissions to the extent that such facilities comply with federal
communications commission’s regulations concerning such emissions (§332(c)(7)(B)(iv)). See Proof of FCC
Compliance attached as Exhibit 1.
Rapid deployment of wireless facilities is an important national issue, especially given the trend of
Americans eliminating traditional landline service in favor of wireless communications. The Center for
Disease Control and Prevention (“CDC”) tracks “wireless substitution” rates as part of its National Health
Interview Survey and publishes the findings every six months in its Wireless Substitution reports. The most
recent report, issued in December of 2019, estimates that more than one-half (57%) of American homes
have only wireless phones.
Reliable and robust wireless communication is essential, especially considering over half of Americans and
Coloradans do not have a landline and rely on wireless service to conduct personal and business
communications, to access the internet or to reach emergency responders. Ensuring access in the event
of an emergency is critical be it communications between emergency service personnel or for people
calling for help.
10
9. Conclusion_________________________________________________________________________
Crown Castle is seeking approval for the Special Use Permit for the Cellular on Wheels, (COW) and the
WCF Replacement Facility at the Generation Church campus. By approving this application for the
Proposed Site within Town of Fountain Hills jurisdiction:
• The Proposed COW and Replacement Site will not cause an adverse impact on adjacent property
or properties in the area.
• The Proposed COW and Replacement Site will not cause a significant increase in vehicular or
pedestrian traffic in the adjacent areas.
• The Proposed COW and Replacement Site will not cause the emission of odor, dust, gas, noise,
vibration, smoke, heat or glare at a level exceeding ambient conditions.
• The Proposed COW and Replacement Site will not contribute in a measurable way to the
deterioration in the neighborhood or area or contribution to the lowering of property values.
10. Attachments_______________________________________________________________________
• Site map
• Zoning Drawings
• Photo-sims
On behalf of Crown Castle, I respectfully submit this package for your review and consideration. Upon
completion of your review, please contact me if you have any questions or need additional information.
Sincerely,
Michael J Campbell
Michael J Campbell
Campbell A&Z, LLC
602-616-8396, mobile
623-376-6380, office
campbellaz1@earthlink.net
T-1
TITLE SHEET
C
REVIEW
JRS MAY RCY
5/2/24
MARICOPA COUNTY
16239 E. IRONWOOD DRIVE
FOUNTAIN HILLS, AZ 85268
FIRST ASSMBLY OF GOD
PH21506F (BUN 824055)
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2055 S. STEARMAN DRIVE
CHANDLER, AZ 85286
OFFICE: (602) 845-1722
1330 W. SOUTHERN AVE. SUITE A-102, TEMPE, ARIZONA, 85282
PHONE: (480) 638-2600 FAX: (480) 638-2852
3/21/23A ISSUED FORREVIEW JRS
4/21/23B ISSUED FORREVIEW JRS
5/2/24C ISSUED FORREVIEW JRS
Call Toll Free1-800-782-5348
2 Working Days Before You Dig
ARIZONA BLUE STAKE, INC.
PROJECT DESCRIPTION
PROJECT INFORMATION
16239 E. IRONWOOD DRIVE
ADDRESS
A-3 ELEVATION 0
CONSULTING TEAM A-1
T-1
NUMBER
INDEX OF DRAWINGS
OVERALL SITE PLAN
TITLE SHEET
NAME OF SHEET
0
0
REV.
A-2 ENLARGED SITE PLAN 0
TAKE US-60 EAST TO LOOP 1010 NORTH. TAKE LOOP 101 NORTH TO E SHEA BLVD TURN RIGHT ON
SHEA TO N FOUNTAIN HILLS BLVD, TURN LEFT ON FOUNTAIN HILLS BLVD TO IRONWOOD DR, GO
LEFT TO SITE ON LEFT AT CHURCH.
NORTHDRIVING DIRECTIONS
PROJECT AREA
LATITUDE: 33° 35' 53.76" N (33.598267°) NAD 83
COORDINATES
LONGITUDE: 111° 43' 43.77" W (111.728825°) NAD 83
FOUNTAIN HILLS, AZ 85268
APN#: 176-05-397
LAND DESCRIPTION OF SUBJECT PARCEL
ZONING: R1-35
PROPERTY OWNER
JURISDICTION
TOWN OF FOUNTAIN HILLS
2018 IBC
2017 NEC
CODE COMPLIANCE
CURRENT USE: RELIGIOUS USE / UNMANNED WIRELESS
TELECOMMUNICATIONS FACILITY
NEW USE: RELIGIOUS USE / UNMANNED WIRELESS
TELECOMMUNICATIONS FACILITY
GENERATION CHURCH ARIZONA
1010 S. ELLSWORTH ROAD, UNIT A
MESA, AZ 85208
CROWN CASTLE PROJECT TEAM
APPLICANT
PROJECT MANAGER: FRED RAPOSO
PHONE: (678) 409-8582
EMAIL: FRED.RAPOSO@CROWNCASTLE.COM
CONSTRUCTION MANAGER: JASON ALBRAND
PHONE: (602) 757-0160
EMAIL: JASON.ALBRAND@CROWNCASTLE.COM
CONTACT: MICHAEL CAMPBELL
PHONE: (602) 616-8396
EMAIL: CAMPBELLAZ1@EARTHLINK.NET
VICINITY MAP
DESIGN TYPE:
T-MOBILE / CROWN SITE NAME:CITY:STATE:COUNTY:
T-MOBILE / CROWN SITE #:
MONOPALM
CROWN: FIRST ASSEMBLY OF GOD / FIRST ASSEMBLY OF GOD
MARICOPA
PH21506F / 824055
FOUNTAIN HILLSAZ
YOUNG DESIGN CORP.
10245 E. VIA LINDA #211
SCOTTSDALE, AZ, 85258
CONTACT: JOHN SULTZBACH
PHONE: (480) 451-9609
ARCHITECT
TO BE INSTALLED
65' MONOPALM
T-MOBILE ANTENNA ARRAY, (2) PER SECTOR, (3) SECTORS, (6) TOTAL
ANTENNAS ON NEW ANTENNA MOUNT
T-MOBILE RADIO UNITS, (2) PER SECTOR, (3) SECTORS, (6) TOTAL
(2) NEW EQUIPMENT CABINETS
(2) NEW HCS CABLES W/ PENDANTS
NEW UNDERGROUND CONDUITS
(2) NEW JUNCTION BOXES WITH EXCESS FIBER BOX
CABLE BRIDGE
TELCO BOX W/ DC FAN
NEW 200A ELECTRICAL SERVICE AND PPC CABINET
TO BE REMOVED
FLAGPOLE AND ANTENNA EQUIPMENT
EQUIPMENT CABINETS IN SIDE EXISTING COMPOUND
100A PPC CABINET
APN: 176-05-397
ZONING: R1-35
ZONING: R1-35
EXISTING 65'-0" FLAGPOLE ANDT-MOBILE ANTENNAS TO BE
REMOVED IN THEIR ENTIRETY
NEW T-MOBILE ANTENNA ARRAY ONPROPOSED 65' MONOPALM LOCATEDADJACENT TO EXISTING COMPOUND
- SEE SHEET A-2 FOR ENLARGEDVIEW
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146'-5" SETBACK
EXISTING T-MOBILE EQUIPMENT
CABINETS INSIDE EXISTING CROWN
COMPOUND TO BE REMOVED INTHEIR ENTIRETY
ZONING: R1-35
ZONING: R1-35
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153'-0" SETBACK
OVERALL SITE PLAN
C
REVIEW
JRS MAY RCY
5/2/24
MARICOPA COUNTY
16239 E. IRONWOOD DRIVE
FOUNTAIN HILLS, AZ 85268
FIRST ASSMBLY OF GOD
PH21506F (BUN 824055)
PRE
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2055 S. STEARMAN DRIVE
CHANDLER, AZ 85286
OFFICE: (602) 845-1722
1330 W. SOUTHERN AVE. SUITE A-102, TEMPE, ARIZONA, 85282
PHONE: (480) 638-2600 FAX: (480) 638-2852
3/21/23A ISSUED FORREVIEW JRS
4/21/23B ISSUED FORREVIEW JRS
5/2/24C ISSUED FORREVIEW JRS
A-1
PAINT NOTE:NEW ANTENNAS AND MOUNTING HARDWARE, TO
BE PAINTED TO MATCH EXISTING SITECONDITIONS, PER LOCAL JURISDICTIONAL
REQUIREMENTS
1SITE PLAN0"40'40'20'
22"x34" SCALE: 1" = 40'-0"
11"x17" SCALE: 1" = 80'-0"
0°
N O R T H
120°240°
PROPOSED ENLARGED COMPOUND PLAN
C
REVIEW
JRS MAY RCY
5/2/24
MARICOPA COUNTY
16239 E. IRONWOOD DRIVE
FOUNTAIN HILLS, AZ 85268
FIRST ASSMBLY OF GOD
PH21506F (BUN 824055)
PRE
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2055 S. STEARMAN DRIVE
CHANDLER, AZ 85286
OFFICE: (602) 845-1722
1330 W. SOUTHERN AVE. SUITE A-102, TEMPE, ARIZONA, 85282
PHONE: (480) 638-2600 FAX: (480) 638-2852
3/21/23A ISSUED FORREVIEW JRS
4/21/23B ISSUED FORREVIEW JRS
5/2/24C ISSUED FORREVIEW JRS
A-2
DEMO PLAN 1
FRONT SIDE
TOP
25.2"
95
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9.3"
6'-0" FAC
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NEW T-MOBILE ANTENNA ARRAY, (2)
ANTENNAS PER SECTOR, (3)SECTORS, (6) TOTAL ANTENNAS
NEW RADIO HEADS MOUNTED(STACKED) BEHIND NEW ANTENNA,
TYPICAL OF (2) PER SECTOR
NEW 65'-0" MONOPALM AND NEW
T-MOBILE ANTENNA ARRAY -
FRONDS NOT SHOWN FOR CLARITY
2' 1' 0"2'
22"x34" SCALE: 1/2" = 1'-0"
11"x17" SCALE: 1/4" = 1'-0"
ANTENNA CONFIGURATION 3
2' 1' 0"2'
22"x34" SCALE: 1/2" = 1'-0"
11"x17" SCALE: 1/4" = 1'-0"
ANTENNA DETAILS 2
(2) NEW T-MOBILE HCS PENDANT -
CABLE(S) SHALL BE ROUTED INSIDEMONOPOLE TO ANTENNA ELEVATION
2'-4
"
4'3' 2'1' 0"4'
22"x34" SCALE: 1/4" = 1'-0"
11"x17" SCALE: 1/8" = 1'-0"
N O R T H
240°
0°
N O R T H
120°240°
TOP
FRONT SIDE
38
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"
21.5"5.9"
NEW ENLARGED COMPOUND PLAN 2 4'3' 2'1' 0"4'
22"x34" SCALE: 1/4" = 1'-0"
11"x17" SCALE: 1/8" = 1'-0"
0°
N O R T H
120°240°
8'-0"
CONCRETE PAD
12
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EXISTING 100A SERVICE IS FEDFROM EXISTING 100A BREAKER
IN EXISTING BUILDING SES
2'-5"
2'
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0°
120°
EXISTING TERMINATIONFRAME AND TMAS - TMAS
TO BE REMOVED
EXISTING 5'-0" HIGH CMU WALL
EXISTING FLAGPOLE, T-MOBILE
ANTENNA ARRAY, TMA'S, AND
ALL CABLING TO BE REMOVED- CAISSON TO REMAIN
(3) EXISTING T-MOBILEEQUIPMENT CABINETS -
TO BE REMOVED
EXISTING SITE IDENTIFIERS AND EME
WARNING SIGNS ARE PRESENT AND
LOCATED ON COMPOUND WALL ANDPPC CABINET - RELOCATE AS REQUIRED
WHEN PPC CABINET IS REPLACED
EXISTING 100A T-MOBILE
PPC TO BE REPLACED
EXISTING DUSK TO DAWN
FLAGPOLE LIGHT TO BEREPLACED
EXISTING JUNCTION BOX -TO REMAIN UNCHANGED
EXISTING T-MOBILE NEMA 4CABINETS - TO REMAIN UNCHANGED
NEW ELECTRICAL FEED OPTIONS
1. NEW FEED FROM UTILITY COMPANY
2. REPLACE EXISTING BREAKER IN EXISTING
BUILDINGS SES WITH 200A BREAKER
EXISTING 5'-0" HIGH CMU WALL
PROPOSED 65'-0" MONOPALM AND
NEW T-MOBILE ANTENNA ARRAY -
SEE ENLARGED VIEW THIS SHEETFOR ANTENNA CONFIGURATION
NEW T-MOBILE EQUIPMENT CABINETSON EXISTING CONCRETE PAD
EXISTING SITE IDENTIFIERS AND EME
WARNING SIGNS ARE PRESENT AND
LOCATED ON COMPOUND WALL ANDPPC CABINET - RELOCATE AS REQUIRED
WHEN PPC CABINET IS REPLACED
REPLACEMENT 200A T-MOBILE
PPC ON EXISTING CMU WALL
NEW T-MOBILE TECH LIGHTS ONCOMPOUND WALL, TYPICAL OF (2)
EXISTING JUNCTION BOX -TO REMAIN UNCHANGED
EXISTING T-MOBILE NEMA 4CABINETS - TO REMAIN UNCHANGED
(2) EXISTING 6"Ø CONDUITSTO AND THROUGH EXISTING
CAISSON(2) EXISTING 6"Ø CONDUITSTO AND THROUGH EXISTING
CAISSON
(2) NEW HCS 2.0 J-BOXES ONEXISTING COMPOUND WALL
NEW LIGHT SWITCH (WITH TIMER)
MOUNTED ON EXISTING CMU WALL
NEW 12" WIDE CABLE
BRIDGE - 6'-0" IN LENGTH
ROUTE NEW CABLES ON NEW CABLE BRIDGE
AND THROUGH CONDUITS INTO 'TRUNK' OFNEW MONOPALM - APPROXIMATE LENGTH = 95'
NEW EXCESS FIBER BOX
ON COMPOUND WALL
EXISTING GRADE = 0'-0"
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EXISTING 53'-0" FLAGPOLE TO BEREMOVED IN THEIR ENTIRETY
EXISTING T-MOBILE ANTENNAARRAY, TMA'S, AND ALL CABLING
/ GROUNDING TO BE REMOVED
EXISTING GRADE = 0'-0"
NEW RADIO HEADS, (2) RADIOHEAD PER SECTOR, (3) SECTORS,
(6) TOTAL RADIO HEADS
NEW ANTENNA MOUNT
ON NEW MONOPALM
NEW ANTENNA ARRAY, (2)
ANTENNAS PER SECTOR, (3)SECTORS, (6) TOTAL ANTENNAS
(2) NEW HCS PENDANTS
ALL NEW CABLES SHALL
BE ROUTED INSIDE NEWMONOPALM
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ELEVATIONS
C
REVIEW
JRS MAY RCY
5/2/24
MARICOPA COUNTY
16239 E. IRONWOOD DRIVE
FOUNTAIN HILLS, AZ 85268
FIRST ASSMBLY OF GOD
PH21506F (BUN 824055)
PRE
L
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M
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N
A
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Y
FOR
R
E
V
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W
ONLY
2055 S. STEARMAN DRIVE
CHANDLER, AZ 85286
OFFICE: (602) 845-1722
1330 W. SOUTHERN AVE. SUITE A-102, TEMPE, ARIZONA, 85282
PHONE: (480) 638-2600 FAX: (480) 638-2852
3/21/23A ISSUED FORREVIEW JRS
4/21/23B ISSUED FORREVIEW JRS
5/2/24C ISSUED FORREVIEW JRS
2NEW MONOPALM ELEVATION4'3' 2'1' 0"4'
22"x34" SCALE: 1/4" = 1'-0"
11"x17" SCALE: 1/8" = 1'-0"
ANTENNA CLEARANCE AND MOUNTING TO BE FIELD VERIFIED PRIOR
TO CONSTRUCTION WITH FINAL ANTENNA SPECIFICATIONS,
MOUNTING HARDWARE, AND RF DESIGN. ANTENNA PIPE MOUNTMODIFICATION MAY BE REQUIRED.
PAINT ALL NEW ANTENNAS AND MOUNTING HARDWARE TO MATCHEXISTING, PER LOCAL JURISDICTIONAL REQUIREMENTS.
IF JURISDICTION REQUIRES PAINTING:DO NOT PAINT RRHS!
ADD CAMOUFLAGE SOCKS TO MASK RRHS
DO NOT TRAP OR BLOCK SAFETY CLIMB WITH EITHER THE COAX OR
EQUIPMENT. IF SAFETY CLIMB HAS BEEN PREVIOUSLY BLOCKED,
CONTACT THE CROWN CASTLE CONSTRUCTION MANAGER
SITE IS ACCESSIBLE BY MANLIFT ONLY
GENERAL NOTES
1EXISTING FLAGPOLE ELEVATION
Photographic SimulaƟon
Site LocaƟon Map
PREPARED BY:
Site Name: Crown: First Assembly of God
Site Number: 824055
Site Address: 16239 E Ironwood Dr,
Fountain Hills, Arizona 85268
Lat/Long: 33.598267/-111.728825
Date: 09/03/2024
THIS PHOTO SIMULATION IS FOR ILLUSTRATION PURPOSES ONLY
TOWER SCALE IS DETERMINED USING GOOGLE EARTH'S POLYGON TOOL, SETTING THE TOWER HEIGHT
Site Name: Crown: First Assembly of God Site Number: 824055 Date: 09/03/2024
ExisƟng View 1 Proposed View 1
PREPARED BY:
THIS PHOTO SIMULATION IS FOR ILLUSTRATION PURPOSES ONLY
TOWER SCALE IS DETERMINED USING GOOGLE EARTH'S POLYGON TOOL, SETTING THE TOWER HEIGHT
Site Name: Crown: First Assembly of God Site Number: 824055 Date: 09/03/2024
ExisƟng View 2 Proposed View 2
PREPARED BY:
THIS PHOTO SIMULATION IS FOR ILLUSTRATION PURPOSES ONLY
TOWER SCALE IS DETERMINED USING GOOGLE EARTH'S POLYGON TOOL, SETTING THE TOWER HEIGHT
Site Name: Crown: First Assembly of God Site Number: 824055 Date: 09/03/2024
ExisƟng View 3 Proposed View 3
PREPARED BY:
THIS PHOTO SIMULATION IS FOR ILLUSTRATION PURPOSES ONLY
TOWER SCALE IS DETERMINED USING GOOGLE EARTH'S POLYGON TOOL, SETTING THE TOWER HEIGHT
Site Name: Crown: First Assembly of God Site Number: 824055 Date: 09/03/2024
ExisƟng View 4 Proposed View 4
PREPARED BY:
THIS PHOTO SIMULATION IS FOR ILLUSTRATION PURPOSES ONLY
TOWER SCALE IS DETERMINED USING GOOGLE EARTH'S POLYGON TOOL, SETTING THE TOWER HEIGHT
CAMPBELL A&Z, LLC
6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office
602-616-8396, mobile
CITIZEN PARTICIPATION PLAN CROWN CASTLE 824055
1ST ASSEMBLY OF GOD 16239 E IRONWOOD DR FOUNTAIN HILLS SPECIAL USE PERMIT Wireless Communications Facility in R1-35 Zone
WCF MONOPALM & COW
September 13, 2024
CITIZEN PARTICIPATION PLAN ACTIVITY & RESULTS
Date Name(person, organization, etc.) Contact Format MAIL EMAIL PHONE OTHER 5/9/23 Contact NPOA for review of proposed WCF, K Robertson 480-837-5317 XX
Neighborhood Notice Letter- list
Obtained from Maricopa County web page, Notification Letters sent USPS
.
CAMPBELL A&Z, LLC
6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office
602-616-8396, mobile
Signature of Applicant reporting the communication by and between the Applicant and the notified property owners.
_Michael J Campbell_
Michael J. Campbell, Campbell A&Z, LLC
CAMPBELL A&Z, LLC
6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office
602-616-8396, mobile
CITIZEN PARTICIPATION PLAN
Parties Affected by Application The surrounding property owners, interested parties, political jurisdictions and public agencies will all be notified of the Application in due process. The area is a rural setting with scattered housing on all four sides of the subject parcel.
Notification and Information Procedures The adjacent property owners within 300’of the subject site and interested parties will be notified by the Applicant of the Application by way of 1st class US Mail. In addition, the subject parcel will be posted per the Town requirements.
Response Procedures In the event that notified party responds to the public notification, their information/comments/question will be documented on the attached register. A copy of their written response will be included as well as any outgoing
communications from the Applicant to the Community. Schedule for Completion The replacement WCF will be constructed upon receipt of the Building Permit as issued by the Town of Fountain Hills. The project will not be a phased
project. Status Procedure The Applicant will inform the Town Staff in writing of the status of their Citizen Participation Plan efforts.
CAMPBELL A&Z, LLC
6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office
602-616-8396, mobile
CITIZEN PARTICIPATION PLAN CROWN CASTLE 824055
1ST ASSEMBLY OF GOD 16239 E IRONWOOD DR FOUNTAIN HILLS SPECIAL USE PERMIT Wireless Communications Facility in R1-35 Zone
WCF MONOPALM & COW
September 13, 2024, December 2, 2024
CITIZEN PARTICIPATION PLAN ACTIVITY & RESULTS
Date Name(person, organization, etc.) Contact Format MAIL EMAIL PHONE OTHER 5/9/23 Contact NPOA for review of proposed WCF, K Robertson 480-837-5317 XX
Neighborhood Notice Letter- list
Obtained from Maricopa County web page, Notification Letters sent USPS
11/20/24 Neighbor Notice address list sent to the Town on 11/20/24 XX
.
CAMPBELL A&Z, LLC
6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office
602-616-8396, mobile
11/22/24 Required sign posting completed by
Dynamite Signs. Photos of posted signs emailed to Town 11/25/24
XX
Signature of Applicant reporting the communication by and between the Applicant and the notified property owners.
_Michael J Campbell_ 12/2/24
Michael J. Campbell, Campbell A&Z, LLC
CAMPBELL A&Z, LLC
6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office
602-616-8396, mobile
CITIZEN PARTICIPATION PLAN
Parties Affected by Application The surrounding property owners, interested parties, political jurisdictions and public agencies will all be notified of the Application in due process. The area is a rural setting with scattered housing on all four sides of the subject parcel.
Notification and Information Procedures The adjacent property owners within 300’of the subject site and interested parties will be notified by the Town of Fountain Hills by way of 1st class US Mail. Address labels provided to the Town by the Applicant 11/20/24.
In addition, the subject parcel has been posted per the Town requirements by
Dynnamite Signs on 11/22/24. Response Procedures In the event that notified party responds to the public notification, their
information/comments/question will be documented on the attached register.
A copy of their written response will be included as well as any outgoing communications from the Applicant to the Community. Schedule for Completion
The replacement WCF will be constructed upon receipt of the Building Permit as issued by the Town of Fountain Hills. The project will not be a phased project. Status Procedure
The Applicant will inform the Town Staff in writing of the status of their Citizen Participation Plan efforts.
As of 12/2/24, the Applicant has not received any comments from the notified
public.
CAMPBELL A&Z, LLC
6880 W. Antelope Dr. Peoria, AZ 85383 623-376-6380, office
“campbellaz1@earthlink.net” 602-616-8396, mobile
November 1, 2024
GOOD NEIGHBOR STATEMENT
A. The name & contact information of the property owner:
Generation Church Fountain Hills
Kyle Visconti, Executive Pastor
16239 E Ironwood Drive
Fountain Hills AZ 85268
480-986-3149
B. The name & address for the business
Michael J Campbell, Campbell A&Z, LLC, for Crown Castle Towers
6880 W Antelope Drive
Peoria AZ 85383
602-616-8396
C. A commitment to place emergency contact information on the property in a location that is
visible to the public.
Crown Castle as a standard practice and requirement of their FCC issued communication license,
posts their site with the emergency contact information that includes the site#, address and
contact phone number.
D. A statement how potentially negative impacts of the proposed use will be mitigated.
The proposed use, cell tower, at 16239 E Ironwood Dr already is in place. The proposal is for a
replacement cell tower design at the same location on the campus. Crown Castle will address any
concerns that may arise during the entitlement process and the future operation of the facility.
E. A statement regarding a process for conflict resolution.
If a conflict were to occur, Crown Castle would take action in a prompt manner to communicate
with the parties involved to discuss the concerns and work for an amicable resolution.
F. A statement regarding steps that will be taken to integrate into the surrounding neighborhood.
Crown Castle, as a long-standing leader in the telecommunications industry and tenant in good
standing at the current location, has worked with the Town for a design that is acceptable and
respective of its surroundings. The proposed stealth design monopalm is consistent with the area
vegetation.
Please contact me if you have any questions or need additional information.
Sincerely,
Michael J Campbell
Michael J Campbell
Campbell A&Z, LLC
602-616-8396
ITEM 5.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/09/2024 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: Farhad Tavassoli, Senior Planner
Staff Contact Information: Farhad Tavassoli, Senior Planner
Request to Planning and Zoning Commission (Agenda Language): HOLD A PUBLIC HEARING,
CONSIDERATION, AND POSSIBLE ACTION: Amending Chapter 12 (Commercial Zoning Districts) of the
Zoning Ordinance by adding provisions to allow outdoor display of non-gasoline powered vehicles of
no more than one ton in the C-1 (Neighborhood Commercial and Professional) zoning district with an
approved special use permit.
Staff Summary (Background)
At the regular Town Council meeting on November 19, 2024, staff presented a rezone request from
C-1 (Neighborhood Commercial) to C-2 (Intermediate Commercial) for a commercial block at the
northeast corner of Fountain Hills Boulevard and Glenbrook Boulevard. The request was made by the
owner of a golf cart sales business in order to allow outdoor display of golf carts on some parking
stalls directly outside his business. The C-1 zoning district does not allow outdoor display of vehicles,
but the C-2 district does with the approval of a Special Use Permit; therefore, the request was made
by the property owner
Consistent with the P & Z Commission's recommendation, the rezone request was ultimately denied
by Town Council due to concerns that a rezone to C-2 would create the potential for other by-right
uses that would not be appropriate for the area. This denial was also accompanied by Council
direction to staff to bring forth a text amendment that would allow outdoor display of such vehicles in
the C-1 district with an approved special use permit.
Following the direction of the Town Council, and with research into the options, staff recommends
using the term "non-gasoline powered vehicles" in lieu of "golf carts" not only to preclude gasoline
powered vehicles, but also to provide broader language to include such vehicles as pedicabs and
electric go-carts. Furthermore, since two-seater golf carts can weigh between 400 to 550 pounds, and
a six-seater can weigh between 980 to 1895 pounds, staff recommends specifying a rounded weight
limit of one ton, or 2,000 pounds.
For the reasons stated above, staff proposes adding subsection "F" to Section 12.04 (Uses Subject to
Special Use Permits in C-C and C-1 Zoning Districts Only):
F. In the C-1 district only, outdoor display of non-gasoline powered vehicles of no more than
F. In the C-1 district only, outdoor display of non-gasoline powered vehicles of no more than
one (1) ton.
Staff is not including the C-C district in the allowance because of the common parking lot nature of the
associated parking lots. In this zoning district, the individual businesses do not own the parking lots,
thus creating a problem with designating display spaces.
It should be noted that Special Use Permits, once implemented, typically run with the land and not the
tenant. However, Town Council may include stipulations for approval that limit the duration of a
special use or require renewal after a specified number of months before continuing the use. This
might be appropriate in some cases considering that some uses are discontinued or lapsed for an
extended period of time. Also, changing conditions such as the addition of new tenants in a
commercial center might increase parking demand and thus necessitate the displacement of vehicle
display areas if the affected parking stalls are needed to accommodate new tenants.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance, Chapter 12 - Commercial Zoning Districts
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of the revisions as provided.
SUGGESTED MOTION
MOVE to recommend adoption of Ordinance #25-01
ITEM 6.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 12/09/2024 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Planning and Zoning Commission (Agenda Language): DISCUSS AND PROVIDE
COMMENTS ON: First draft of a proposed new Downtown Overlay District.
Staff Summary (Background)
In October, the Town Council approved an updated Downtown Strategy. The goal of the updated
strategy is to provide the framework for continued improvements to the downtown area to make it a
vibrant, active commercial district serving the needs of the Town and visitors.
The Strategy was developed following a series of focus group meetings, community surveys, and an
open house. Public input was used throughout the process to determine the priorities that should be
implemented to address the needs of the community.
With regards to land use, there was a strong desire among those who participated to see the Avenue
as a more vibrant entertainment and shopping area, to see better use and maintenance of the vacant
properties, allow for an increase in residents in the area, and to see an expansion of the uses available
in the area north of Palisades to address employment needs.
Currently, the area bounded by the Avenue, La Montana, and Saguaro is zoned C-2, Intermediate
Commercial. The area from the Avenue to Palisades also has two overlay districts which modify the
underlying zoning rules: the Entertainment Overlay, and the Planned Shopping Plaza Overlay.
Applying two similar zoning overlays in this one area creates some confusion in understanding and
applying the zoning regulations.
To address the goals of the Strategy and to simplify the zoning rules, staff is proposing to combine the
two existing overlays into one new overlay called the Downtown Overlay District. A copy of the
proposed ordinance and the current zoning requirements are attached for your review. It is also
anticipated that the new overlay will be extended to include the area north of Palisades.
The draft new ordinance divides the entire area into three districts to allow for slightly different
regulations in each area (see attached map). Following is a brief overview of the key provisions of the
new ordinance with the changes from the current regulations.
The Innovation District
Continues to permit all the same uses currently listed.
Except for residential uses, does not allow the uses which require a Special Use Permit as
provided in Sections 12.03 and 12.05.
Does allow by right a few of the uses that would have required a Special Use Permit and some
that were not allowed to include:
Laboratories, (research, experimental and testing).
Manufacture and assembly of nonhazardous and nontoxic materials.
Light assembly and storage as an accessory use if all the following criteria are met:
a. Any assembly, or storage areas associated with assembly activities, shall not occupy
more than fifty (50%) percent of enclosed building space used for the business; and,
b. There shall be no use of hazardous materials involved in the assembly operation(s).
The Business District
The allowed uses in this District are increased by clearly allowing all of the office uses allowed
Section 12.02 A of the zoning ordinance.
This District does not restrict the ground floor uses.
The allowed residential density will increase from 8 units per acre to 15 units per acre. Ground
floor residential and density higher than 15 units per acre can be considered through a Special
Use Permit.
The Avenue District
The same uses are allowed, but the ordinance will limit the ground floor uses to active retail,
restaurant, bar, entertainment, and similar uses. Office uses will not be allowed on the ground
floor. Existing offices will be able to continue to operate and will be “grandfathered” in. Only
when a tenant space becomes vacant would the ordinance require compliance with the new
use regulations.
The allowed density by right for residential use will increase from 8 dwelling units per acre to 15
dwelling units per acre. Increases above 15 units per acre will require Council approval of a
Special Use Permit. In this area, ground floor residential will not be allowed.
Except for residential uses, the uses allowed through approval of a Special Use Permit as listed
in Sec. 12.03 will no longer be an option in this District. The uses that will no longer be available
due to this change are:
Amusement park, arcade, drive-in theater, or outdoor theater, miniature golf course, and
golf driving range.
Cemetery, pet cemetery, and mausoleum.
Community residences subject to the requirements in Section 5.13, nursing home, homes
for the aged, convalescent home.
Kennels, indoors or outdoors.
Sports arenas.
In addition to the listed items above, the ordinance makes provision for allowing temporary uses on
vacant land in all of the Districts. The details of how this will function are to be worked out by the
Town Engineer and the Zoning Administrator. The idea is to allow uses that are easy to implement
and then easy to change when a permanent development can be constructed.
The other land use regulations in the current ordinance with regards to things such as lot coverage,
setbacks, parking, signage, etc. are not being changed.
This is the start of the process to review this draft ordinance. The goal for this meeting is to introduce
the Commission and public to what is being considered, receive feedback, and consider revisions that
are needed to address any concerns. Copies of the ordinance have been made available to property
owners and businesses in the area.
The most significant change being proposed in the ordinance is the limitation of ground floor uses
along the Avenue. Staff has received some questions for clarification as to what uses will be allowed
and what existing businesses do not meet the ordinance requirement. As a reminder, all existing
businesses will be "grandfathered in" and can remain and do business. It is only when a lease space
become vacant that the new ordinance would apply for the business to fill the space.
Another item that has come up is the allowed density for residential uses. Given market conditions it
is very difficult to build a commercial building without the residential component and the residential
component needs to have a sufficient number of units for it to work. The current ordinance is 8
dwelling units per acre which is way too low and discourages development. The draft ordinance
suggests an increase to 15 units per acre. The recent cases that have been processed are above 40
units per acre.
Because of the small lot sizes, it is difficult to easily understand the number of units than can go on
these lots. The majority of the lots in Plat 208 are 6000 sq. ft. in size. Another way to approach it
would be to use the R-3 or R-4 zoning district as a guide. The R-4 allows one unit per 2,000 sq. ft. of
lot area. If the overlay district would allow one dwelling unit by right for each 2,000 sq. ft of floor
area, the density similar to that of the R-4 zoning district. A building with two residential floors at
5,000 sq. ft. per floor would be allowed four units by right.
Related Ordinance, Policy or Guiding Principle
Community Economic Development Strategy 2023-2026
2024 Downtown Strategy
Zoning Ordinance Chapters 12, 25, and 26
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
This is a discussion item, no recommendations are being made this time.
SUGGESTED MOTION
N/A
Attachments
Draft Downtown Overlay Ordinance
Draft Downtown Overlay Ordinance
Zoning Ordinance Chapter 12
Zoning Ordinance Chapter 25
Zoning Ordinance Chapter 26
DRAFT FOR REVIEW AND COMMENT Page 1 of 6
Chapter 25
Downtown Overlay District
Section 25.01 Purpose and Intent
The Downtown Overlay District provides an overlay zoning district for development of the
downtown area of Fountain Hills. The intent of this district is to integrate commercial activity
and professional offices with residential uses, visitor attractions and parks as appropriate for
the established districts within the downtown area.
Section 25.02 Permitted Uses
Uses permitted in the Downtown Overlay District shall be:
A. The Avenue District:
1. Uses permitted in Zoning Ordinance Sections 12.02 B. 2. and C. provided, however, that
ground floor uses shall be limited restaurants and cafes; bars and taverns; gift shops,
apparel stores, variety stores and similar retail commercial stores; entertainment venues; or
similar uses.
2. Outdoor seating areas for food and beverage service with associated outdoor
entertainment subject to the following requirements:
a. Any recorded or live music or sound that is electronically amplified and played
outside an establishment shall only be permitted at establishments with dedicated
outdoor seating areas for food and beverage service.
b. Establishments with dedicated outdoor seating areas for food and beverage service
shall comply with the sound level requirements set forth in the Fountain Hills Town
Code Section 11-1-7, as amended.
DRAFT FOR REVIEW AND COMMENT Page 2 of 6
c. Outdoor seating areas for food and beverage service shall comply with any
applicable barrier requirements from the Arizona Department of Liquor Licenses and
Control.
d. Outdoor seating areas for food and beverage service are allowed within the public
sidewalk areas immediately outside the establishment, provided an encroachment
permit is approved by the Town Council, in its sole discretion, for any seating areas
located in a public right-of-way. Such outdoor seating areas must be properly
maintained to ensure safe access and mobility for business patrons.
3. Museums
4. Multifamily residential up to 15 units per acre above the ground floor.
5. Uses permitted by special use permit shall be multifamily residential above the ground
floor at a density more than 15 units per acre.
B. The Business District:
1. Those uses permitted in Zoning Ordinance Sections 12.02 A. B. and C.
2. Outdoor seating areas for food and beverage service with associated outdoor
entertainment subject to the following requirements:
a. Any recorded or live music or sound that is electronically amplified and played
outside an establishment shall only be permitted at establishments with dedicated
outdoor seating areas for food and beverage service.
b. Establishments with dedicated outdoor seating areas for food and beverage service
shall comply with the sound level requirements set forth in the Fountain Hills Town
Code Section 11-1-7, as amended.
c. Outdoor seating areas for food and beverage service shall comply with any
applicable barrier requirements from the Arizona Department of Liquor Licenses and
Control.
3. Multifamily residential up to 15 units per acre above the ground floor.
4. Uses permitted by special use permit shall be residential uses on the ground floor or in
excess of 15 units per acre.
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C. The Innovation District:
1. Those uses permitted in Zoning Ordinance Sections 12.02 A. B. and C.
2. Laboratories, (research, experimental and testing).
3. Manufacture and assembly of nonhazardous and nontoxic materials.
4. Light assembly and storage as an accessory use if all of the following criteria are met:
a. Any assembly or storage areas associated with assembly activities shall not occupy
more than fifty (50%) percent of enclosed building space used for the business; and,
b. There shall be no use of hazardous materials involved in the assembly operation(s).
5. Uses permitted by special use permit shall be residential uses.
Illustration 25.02. Downtown District Boundaries
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Section 25.03 Temporary Uses
Temporary uses are permitted as allowed by Zoning Ordinance Section 2.03. In addition, vacant
lots may establish temporary uses as approved by the Zoning Administrator and Town Engineer
consistent with adopted guidelines.
Section 25.04 General Provisions
Except as may be modified by this overlay district, the general provisions in Chapter 5 shall
apply.
Section 25.05 Signs
The regulations in Chapter 6, Signs, shall apply.
Section 25.06 Parking and Loading
A. Area south of Palisades Boulevard.
1. The parking regulations in Chapter 7, Parking and Loading Requirements, shall apply to
all lots over 10,800 square feet in area as of January 1, 1992. The Council may approve up to
a fifty percent (50%) reduction in required on-site parking through approval of a special use
permit.
2. For lots 10,800 square feet or less as of January 1, 1992, the common parking lot areas
shall satisfy all of the off-street parking requirements regardless of the land use. Any
elimination of parking spaces in the common parking area by a lot owner or user is required
to be replaced by adding the lost spaces on site or on another lot in the same block.
B. Area north of Palisades Boulevard. The regulations in Chapter 7, Parking and Loading
Requirements, shall apply.
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Section 25.07 Outdoor Lighting
The provisions of Chapter 8, Outdoor Lighting Control, shall apply.
Section 25.08 Plan Review
The provisions of Section 2.04, Site Plan Review Regulations, shall apply.
Section 25.09 Density, Area, Building and Yard Regulations
A. Building Height:
Building height allowances shall be the same as permitted in the underlying zoning district.
B. Building Setbacks:
1. Area south of Palisades Boulevard.
a. Front Yard:
i. Lots 10,800 square feet and under do not have a front yard setback requirement
but must meet sight triangle requirements when a corner lot (see Chapter 7, Exhibit
7.03 G). Must not encroach into platted easements.
ii. Lots over 10,800 square feet must provide a 10-foot front yard and must meet
sight triangle requirements when a corner lot. Must not encroach into platted
easements.
b. Side Yard. None required, except on corner lots as required by Chapter 12, Section
12.13. Street side yards must meet sight triangle requirements. Must not encroach into
platted easements.
c. Rear Yard. None required; must not encroach into platted easements.
2. Area north of Palisades Boulevard. As required by the underlying zoning district.
C. Maximum Lot Coverage:
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1. South of Palisades Boulevard. Lots may have one hundred percent (100%) lot coverage
exclusive of any easements or required setbacks.
2. North of Palisades Boulevard. As required by the underlying zoning district.
Chapter 12
Commercial Zoning Districts
Section 12.01 Purpose
A. C-O. Commercial Office Zoning District: The principal purpose of this zoning district is to provide for well-
designed and attractive business and professional office facilities on sites in appropriate locations. This zoning
district would constitute a transition between other commercial land uses and residential neighborhoods.
Principal uses in this zoning district include professional, semi-professional, and business office uses.
B. C-C. Common Commercial Zoning District: The Common Commercial Zoning District is a zoning district
established where existing plats that have existing common parking lot schemes developed and can provide for
modest commercial enterprises to serve a surrounding residential neighborhood, as well as to provide for services
to the community which are not detrimental to the integrity of the surrounding residential neighborhood, and to
provide for the appropriate location of professional offices throughout the community. The intent of this district is
to integrate limited commercial activity andf professional offices on the small lot and common parking lot scheme
with residential land uses in a climate favorable to both. Particular attention is to be paid to the interface between
commercial or professional uses and the residential uses within the same neighborhood.
C. C-1. Neighborhood Commercial and Professional Zoning District: The Neighborhood Commercial and
Professional District is established to provide a location for modest, well-designed commercial enterprises to serve
a surrounding residential neighborhood, as well as to provide for services to the community, which is not
detrimental to the integrity of the surrounding residential neighborhood, and to provide for the appropriate
location of professional offices throughout the community. The intent of this district is to integrate limited
commercial activity and professional offices with residential land uses in a climate favorable to both. Particular
attention is to be paid to the interface between commercial or professional uses and the residential uses within
the same neighborhood.
D. C-2. Intermediate Commercial Zoning District: The principal purpose of this Zoning District is to provide for
the sale of commodities and the performance of services and other activities in locations for which the market
area extends beyond the immediate residential neighborhoods. Principal uses permitted in this Zoning District
include furniture stores, hotels and motels, restaurants, and some commercial recreation and cultural facilities
such as movies and instruction in art and music. This Zoning District is designed for application at major street
intersections.
E. C-3. General Commercial Zoning District: The principal purpose of this Zoning District is to provide for
commercial uses concerned with wholesale or distribution activities in locations where there is adequate access to
major streets or highways. Principal uses permitted in this Zoning District include retail and wholesale commerce
and commercial entertainment.
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 1 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
Section 12.02 Permitted Uses
A. Uses Permitted in the C-O Zoning District:
1. Any business office in which chattels or goods, wares, or merchandise is not commercially created,
repaired, sold or exchanged.
2. Offices for:
a. Accountant
b. Advertising agency
c. Architect
d. Business Association
e. Chiropodist
f. Chiropractor
g. Collection Agency
h. Dentist
i. Engineer
j. Geologist
k. Insurance broker
l. Lawyer
m. Labor Union
n. Marriage Counselor
o. Minister
p. Naturopath
q. Optometrist
r. Osteopath
s. Physician
t. Private Detective
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 2 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
u. Private Employment Agency
v. Professional Membership Organization
w. Public Stenographer
x. Real Estate Broker
y. Surgeon
z. Surveyor
aa. Talent Agency
bb. Telephone Message Service
cc. Other similar professional and semi-professional work.
3. Banks, building and loan associations, savings and loan associations, credit unions, finance companies,
and investment companies.
4. Studios for photography, fine or commercial arts or other professional work.
5. Medical and clinical laboratories.
6. Post office.
7. Pharmacy, when in conjunction with a medical center consisting of offices occupied by five (5) or more
doctors provided that there shall be no outside entrance for business purposes, and that no sign or display
be located so as to be visible from a public thoroughfare or adjacent property.
8. Single and multifamily residential dwellings, subject to special use permit.
B. Uses Permitted in C-1, C-C, C-2, and C-3, Zoning Districts are as follows:
1. Commercial Uses:
a. Amusement arcades
b. Bakeries
c. Banks
d. Barbershops
e. Bookstores, other than adult bookstores
f. Child care centers
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 3 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
g. Delicatessens
h. Dry-cleaners and self-serve laundries
i. Dry-goods and notions
j. Florists (retail)
k. Food Stores
l. Gift Shops
m. Hardware stores
n. Insurance agencies
o. Mortuaries
p. Pharmacies
q. Photo shops
r. Photo studios
s. Real estate offices
t. Restaurants
u. Variety stores
v. Wearing apparel stores.
2. Professional Office Uses:
a. All professional uses permitted in a C-O Zoning District
b. Land surveyors
c. Dental and related health professional offices
d. Medical laboratories
e. Private schools for academic instruction
f. Veterinary clinics, no outdoor facilities
g. Other similar professional offices
3. Public and Quasi-Public Uses.
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 4 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
a. Churches;
b. Golf courses including clubhouses located thereon, but not including miniature courses or practice
driving ranges operated for commercial purposes;
c. Hospitals, subject to approval of a special use permit in the C-1 and C-C Districts to operate between
11:00 p.m. and 7:00 a.m.;
d. Libraries, museums, parks, playgrounds, and community buildings;
e. Public schools;
f. Publicly or privately owned or operated fire stations, and publicly owned or operated police stations
and post offices;
g. Utility services, but not including offices, wastewater treatment plants, generating plants, and
wireless communication towers and antennas, unless otherwise specifically permitted elsewhere in the
ordinance.
4. Sale of new and used automobiles, golf carts, all-terrain vehicles, and motorcycles are permitted in the
C-1 and C-C Zoning Districts provided, all the following conditions are met:
a. All display of inventory and merchandise is completely within an enclosed building, without outdoor
display of any vehicle;
b. All sales activities occur within the building;
c. No washing, maintenance, or service work is performed on the vehicles on site;
d. The maximum area devoted to display of vehicles does not exceed 5,000 square feet; and
e. May not have overnight parking.
Because no list of uses can be complete, decisions on additional uses will be rendered by the Development
Services Director with appeal to the Town Council.
C. Additional Uses Permitted in C-2 and C-3 Zoning Districts are as follows:
1. Automobile laundries, provided steam cleaning is confined to an enclosed building.
2. Automobile repair shops and garages, including an outside vehicle storage area to be used only for
vehicles under repair which shall be completely screened from any street or surrounding property, and
further provided all repair operations are conducted within a building.
3. Bars, including retail sales of package goods for off-site consumptions; provided, that there is no
entertainment or music audible off-site unless otherwise permitted pursuant to Chapter 25 of this ordinance.
4. Blueprint, photo static and reproduction (copy) services.
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 5 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
5. Catering establishments not utilizing any manufacturing process or outside storage of materials or
vehicles.
6. Conservatories or studios: Art, dancing or music.
7. Drive-in restaurants and refreshment stands.
8. Electrical fixtures and appliance sales repair and service.
9. Furniture stores: New, used, finished or unfinished; No manufacturing.
10. Health spas and public gyms.
11. Hotels and Motels.
12. Laboratories, medical or dental.
13. Liquor stores.
14. Parking lots and public garages, subject to parking standards in Chapter 7.
15. Plumbing shops.
16. Pool halls or billiard centers.
17. Radio and television broadcasting stations and studios, but not including transmitter towers and
stations.
18. Restaurants and cafes, including outdoor patios with or without cocktail lounges; provided, that there is
no entertainment or music audible off-site unless otherwise permitted pursuant to Chapter 25 of this
ordinance. Any outdoor patio with alcoholic beverage service must be enclosed as required by Arizona
Revised Statues § 4-207.01, as amended, except for the time during which a current and applicable barrier
exemption, as granted by the Arizona Department of Liquor Licenses and Control, is in place for the outdoor
patio.
19. Retail stores.
20. Theaters, but not including a drive-in theater and adult oriented facilities as defined under Chapter 1,
Section 1.12 of this zoning ordinance.
21. Trade schools.
22. Upholstery shops.
23. Veterinary hospitals and clinics for animals, subject to:
a. Animals shall not be boarded or lodged except for short periods of observation incidental to care or
treatment.
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 6 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
b. Animals shall be kept within a completely enclosed building, which shall be constructed and
maintained as to prevent objectionable noise and odor outside the walls of the building.
c. No kennels or exercise runs will be permitted.
d. All refuse shall be stored within the enclosed building or within odor proof containers.
24. Accessory buildings and uses customarily incidental to the above.
25. In the C-2 district, sale of new and used automobiles, golf carts, all-terrain vehicles and motorcycles are
permitted, provided all the following conditions are met:
a. All display of inventory and merchandise is completely within an enclosed building, without outdoor
display of any vehicle; and
b. All sales activities occur within the building.
26. Substance abuse or addiction treatment center. Must be located at least 2,000 feet from any other
detoxification center, substance abuse or addiction treatment center, or transitional community residence.
Because no list of uses can be complete, decisions on unspecified uses will be rendered by the Development
Services Director with appeal to the Town Council.
D. In C-3 Zoning Districts, the following uses are permitted:
1. Art metal and ornamental iron shops.
2. Cabinet and carpentry shops.
3. Commercial storage of mobile homes, travel trailers, recreation vehicles, boats and aircraft on sites of no
less than one (1) acre.
4. Landscape material sales, provided all incidental equipment and supplies, including fertilizer and empty
cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid fence or
wall at least six (6) feet in height, and no goods, materials or objects are stacked higher than the fence or wall
so erected.
5. Lumber yards not including industrial milling or plaining operations.
6. Miniature golf courses and driving ranges.
7. New and used automobiles, boats, golf carts, all-terrain vehicles, motorcycles, travel trailers, recreational
vehicle sales and rental including indoor and/or outside display area, provided all sales and repair activities
are conducted within a building and subject to Site Plan approval pursuant to Section 2.04 of this zoning
ordinance.
8. Nurseries, flower and plant sales, provided all incidental equipment and supplies including fertilizer and
empty cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 7 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
fence or wall at least six (6) feet in height and no goods, materials or objects are stacked higher than the fence
or wall so erected.
9. Printing, lithography and publishing establishments.
10. Rental services: Household construction, landscaping, sickroom or office equipment; but not equipment
customarily used for heavy construction. Outdoor storage must be screened from public and adjoining
property view.
11. Stone monument sales.
12. Taxidermists.
13. Truck stops, with customary accessory facilities including but not limited to restaurant, convenience
retail, motel, truck wash, and minor repair facilities but not including major repair, freight storage, freight
handling, warehousing or distribution facilities.
14. Wholesale ice distributing stations.
15. Wholesale stores.
16. Accessory buildings and uses customarily incidental to the above uses.
17. Mini-storage
Because no list of uses can be complete, decisions on additional uses will be rendered by the Development
Services Director with appeal to the Town Council. (23-01, Amended, 02/21/2023; 22-08, Amended, 01/03/2023;
21-06, Amended, 09/07/2021; 20-21, Amended, 10/20/2020; 20-03, Amended, 02/18/2020; 19-01, Amended, 02/19/
2019)
Section 12.03 Uses Subject to Special Use Permits in C-1, C-C, C-2, and C-3
Zoning Districts
A. Amusement park, arcade, drive-in theater, or outdoor theater, miniature golf course, and golf driving range.
B. Cemetery, pet cemetery, and mausoleum.
C. Community residences subject to the requirements in Section 5.13, nursing home, homes for the aged,
convalescent home.
D. Kennels, indoors or outdoors.
E. Sports arenas.
F. Single and multifamily residential dwellings. (23-01, Amended, 02/21/2023)
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 8 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
Section 12.04 Uses Subject to Special Use Permits in C-C and C-1 Zoning
Districts Only
A. Drive-in window facilities.
B. Operation of commercial or professional activities between eleven p.m. and seven a.m.
C. Outdoor seating area.
D. Private schools for vocational education.
E. Retail gasoline sales, subject to compliance with applicable fire and safety codes.
(Limited to four dispensing units serving a maximum of eight cars simultaneously).
F. Member-based indoor shooting range for gun calibers designed to be withstood by an AR500 steel grade or
equivalent bullet trap design standard. Exceptions to member-based requirement include law enforcement and
military personnel, and special event participants. (22-08, Amended, 01/03/2023)
Section 12.05 Uses Subject to Special Use Permits in C-2 Zoning Districts
Only
A. Art metal and ornamental iron shops.
B. Automobile fuel dispensing stations.
C. Building and landscape material sales, provided all incidental equipment and supplies are kept within a
completely enclosed building or within an area enclosed on all sides by a solid masonry, concrete or earthen
product wall not less than eight (8) feet in height, shall be required. Further, any access gates shall be constructed
of view-obscuring materials to provide effective site screening. Approval of the alternative screening methods not
listed above shall be by the Council. No goods, materials or objects may visible above the wall.
D. Cabinet and carpentry shops.
E. Convenience stores.
F. Nurseries, flower and plant sales, provided all incidental equipment and supplies including fertilizer and
empty cans, are kept within a completely enclosed building or within an area enclosed on all sides by a solid
masonry, concrete or earthen product wall not less than eight (8) feet in height, shall be required. Further, any
access gates shall be constructed of view-obscuring materials to provide effective site screening. Approval of the
alternative screening methods not listed above shall be by the Council. No goods, materials or objects may be
stacked higher than the fence or wall so erected.
G. Printing, lithography and publishing establishments.
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 9 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
H. Rental services: Household construction, landscaping, sickroom or office equipment; but not equipment
customarily used for heavy construction. Outdoor storage must be screened from public and adjoining property
view.
I. Taxidermists.
J. Light assembly and storage as an accessory use if all of the following criteria are met:
1. Any assembly or storage areas associated with assembly activities shall not occupy more than fifty (50%)
percent of enclosed building space used for the business.
2. There shall be no use of hazardous materials involved in the assembly operation(s).
K. New and used automobile, including outside display area, provided all sales and repair activities are
conducted within a building.
L. Vehicle storage facilities, at a minimum, the following regulations are placed upon any such a use:
1. Any outdoor lighting shall be placed so as to reflect light away from any adjoining residential zoning
district.
2. Required yards adjacent to any street shall be landscaped and shall not be occupied by any use or
structure including parking or loading spaces except for drives and roadways, signs and lighting as permitted
in this ordinance,
3. Site enclosure and screening requires that the vehicle storage facilities shall be enclosed to provide
effective site screening from adjoining properties, uses or streets by the use of eight (8) foot high solid
masonry walls. The vehicle storage facility enclosure shall not encroach into any required setback area.
4. All vehicles being stored or parked shall be licensed and be in operating order, no wrecked or inoperable
vehicles may be stored in a vehicle storage facility.
5. Landscape requirements, minimum site landscape requirements are as follows: (Note: the Town Council
or the Planning and Zoning Commission may impose additional landscape requirements.)
a. Any part of a site not used for buildings, parking, driveways, storage yard, sidewalks, etc. shall be
landscaped and maintained in accordance with an approved landscape plan.
b. 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 plant for each 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 gallon plants, the approval of the above mixture of
landscape materials shall be by the Community Development Department staff with appeal to the
Planning and Zoning Commission.
c. An automatic irrigation system shall be provided and maintained to all landscaped areas requiring
water.
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 10 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
d. 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.
6. 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.
7. The storage yard must be surfaced with a dust free material approved by the Town Engineer.
M. Indoor mini-storage.
N. Nonmember-based indoor shooting range or range for gun calibers designed to be withstood by a steel
grade rating greater than AR500 or equivalent bullet trap design standard.
O. Detoxification center, outpatient. In addition to the requirements in Section 2.02 for consideration of a special
use permit, applicants shall:
1. Provide a copy of license or certification by the State of Arizona Department of Health Services.
2. Provide sufficient indoor activity and waiting space.
3. Provide contact information and process for resolution of complaints.
4. Comply with A.R.S. 36-601.01, the Smoke-Free Arizona Act, and designate smoking area(s), including
areas for vaping and e-cigarettes, as far from adjacent uses as possible.
5. Document, through a market analysis by a credentialed professional using the most recent applicable
Fountain Hills census data and Substance Abuse and Mental Health Services Administration data, the need
for the service on an ongoing basis for residents of Fountain Hills. The analysis shall take into account any
existing services already provided in the Town.
6. A discharge policy that is geared toward repatriating the client back to their place of origin.
7. Be located at least the following distances from the listed uses, measured from nearest property line to
nearest property line:
a. Two thousand feet from any other detoxification center, substance abuse treatment center, or
transitional community residence.
b. One thousand feet from any church, public library, park, preserve and trail, or school, preschool, or
day care.
c. Five hundred feet from any residential zoning district or use, including planned area developments
with a residential primary use. (23-01, Added, 02/21/2023; 22-08, Amended, 01/03/2023; 20-10, Added,
09/15/2020)
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 11 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
Section 12.06 Uses Subject to Special Use Permits in C-3 Zoning Districts
Only
A. Automobile fuel dispensing stations.
B. Construction equipment, including sales, service, rental and storage. At a minimum, the following regulations are
placed upon any such a use:
1. Any outdoor lighting shall be placed so as to reflect light away from any adjoining residential Zoning
District.
2. Required yards adjacent to any street shall be landscaped and shall not be occupied by any use or
structure including parking or loading spaces except for drives and roadways, signs and lighting as permitted
in this Ordinance.
3. Site Enclosure and Screening Requirements. Construction equipment storage yards shall be enclosed to
provide effective site screening from adjoining properties, uses or streets by the use of walls, berms and
landscape plantings or combinations thereof as follows:
a. Automobile parking areas shall be screened from any adjacent residential zoning district. All parking
areas shall be landscaped by at least ten (10) feet of landscaping.
b. A solid masonry, concrete or earthen product wall not less than eight (8) feet in height, shall be
required. Further, any access gates shall be constructed of view-obscuring materials to provide effective
site screening. Approval of the alternative screening methods listed above shall be by the Council.
c. No outdoor industrial use or enclosure thereof shall encroach into any required setback area and
no facility, storage products or materials shall exceed the height of any such enclosure.
d. Landscape Requirements. Minimum site landscape requirements are as follows: (Note: the Town
Council or the Planning and Zoning Commission may impose additional landscape requirements.)
1. Any part of a site not used for buildings, parking, driveways, storage, loading, sidewalks, etc.
shall be landscaped and maintained in accordance with an approved landscape plan.
2. Landscaped areas shall include an approved mixture of drought tolerant or other plant
materials, and organic and nonorganic ground cover materials. The approval of the above mixture
of landscape materials shall be by the Community Development Department staff with appeal to
the Planning and Zoning Commission.
3. An automatic irrigation system shall be provided and maintained to all landscaped areas
requiring water.
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 12 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
4. 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.
4. 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.
5. The storage yard must be surfaced with a dust free material approved by the Town Engineer.
C. Convenience stores.
D. Temporary Vehicle Storage Facilities. At a minimum, the following regulations are placed upon any such a use:
1. Any outdoor lighting shall be placed so as to reflect light away from any adjoining residential zoning
district.
2. Required yards adjacent to any street shall be landscaped and shall not be occupied by any use or
structure including parking or loading spaces except for drives and roadways, signs and lighting as permitted
in this ordinance.
3. Site Enclosure and Screening Requirements. Temporary vehicle Storage Facilities shall be enclosed to
provide effective site screening from adjoining properties, uses or streets by the use of walls, berms and
landscape plantings or combinations thereof as follows:
a. Automobile parking areas outside of the vehicle storage yard shall be screened from any adjacent
residential zoning district. All parking areas outside of the temporary storage facility shall be landscaped
by at least ten (10) feet of landscaping.
b. A solid masonry, concrete or earthen product wall not less than eight (8) feet in height, shall be
required. Further, any access gates shall be constructed of view-obscuring materials to provide effective
site screening. Approval of the alternative screening methods listed above shall be by the Council.
c. The temporary vehicle storage yard enclosure shall not encroach into any required setback area and
no vehicles or materials shall exceed the height of any such enclosure. No vehicles may be stacked on
other vehicles.
d. Landscape Requirements. Minimum site landscape requirements are as follows: (Note: the Town
Council or the Planning and Zoning Commission may impose additional landscape requirements.)
1. Any part of a site not used for buildings, parking, driveways, storage yard, sidewalks, etc. shall
be landscaped and maintained in accordance with an approved landscape plan.
2. 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
plant for each 20 square feet of landscape area. At least twenty-five (25) percent of the plants shall
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 13 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
be 15 gallon or greater plants and the remaining plants must be at least five-gallon plants. The
approval of the above mixture of landscape materials shall be by the Community Development
Department staff with appeal to the Planning and Zoning Commission.
3. An automatic irrigation system shall be provided and maintained to all landscaped areas
requiring water.
4. 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.
4. No vehicle may be stored in the facility for more than one hundred-eighty (180) days.
5. The facility is for the temporary storage of abandoned, wrecked or legally impounded automobiles,
boats, or other vehicles regardless of running condition. Such a facility is not to be used for the dismantling of
any vehicle, the storage of any vehicle parts, nor the retailing or wholesaling of any vehicle or vehicle parts.
6. 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.
7. The storage yard must be surfaced with a dust free material approved by the Town Engineer.
E. Light assembly and storage as an accessory use if all of the following criteria are met:
1. Any assembly or storage areas associated with assembly activities shall not occupy more than fifty (50%)
percent of enclosed building space used for the business.
2. There shall be no use of hazardous materials involved in the assembly operation(s).
F. Detoxification center, outpatient and inpatient. In addition to the requirements in Section 2.02 for
consideration of a special use permit, applicants shall:
1. Provide a copy of license or certification by the State of Arizona Department of Health Services.
2. Provide sufficient indoor activity and waiting space.
3. Provide contact information and process for resolution of complaints.
4. Comply with A.R.S. 36-601.01, the Smoke-Free Arizona Act, and designate smoking area(s), including
areas for vaping and e-cigarettes, as far from adjacent uses as possible.
5. Document, through a market analysis by a credentialed professional using the most recent applicable
Fountain Hills census data and Substance Abuse and Mental Health Services Administration data, the need
for the service on an ongoing basis for residents of Fountain Hills. The analysis shall take into account any
existing services already provided in the Town.
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 14 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
6. A discharge policy that is geared toward repatriating the client back to their place of origin.
7. Be located at least the following distances from the listed uses, measured from nearest property line to
nearest property line:
a. Two thousand feet from any other detoxification center, substance abuse treatment center, or
transitional community residence.
b. One thousand feet from any church, public library, park, preserve and trail, or school, preschool, or
day care.
c. Five hundred feet from any residential zoning district or use, including planned area developments
with a residential primary use.
I. Substance abuse or addiction treatment center, lodging. In addition to the requirements in Section 2.02 for
consideration of a special use permit, applicants shall:
1. Provide a copy of license or certification by the State of Arizona Department of Health Services.
2. Provide sufficient indoor activity and waiting space.
3. Provide contact information and process for resolution of complaints.
4. Comply with A.R.S. 36-601.01, the Smoke-Free Arizona Act, and designate smoking area(s), including
areas for vaping and e-cigarettes, as far from adjacent uses as possible.
5. Document, through a market analysis by a credentialed professional using the most recent applicable
Fountain Hills census data and Substance Abuse and Mental Health Services Administration data, the need
for the service on an ongoing basis for residents of Fountain Hills. The analysis shall take into account any
existing services already provided in the Town.
6. A discharge policy that is geared toward repatriating the client back to their place of origin.
7. Be located at least the following distances from the listed uses, measured from nearest property line to
nearest property line:
a. Two thousand feet from any other detoxification center, substance abuse treatment center, or
transitional community residence.
b. One thousand feet from any church, public library, park, preserve and trail, or school, preschool, or
day care.
c. Five hundred feet from any residential zoning district or use, including planned area developments
with a residential primary use. (23-01, Amended, 02/21/2023; 22-08, Amended, 01/03/2023)
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 15 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
Section 12.07 Additional Regulations
A. All Commercial Zoning Districts:
1. Site Enclosure and Screening Requirements: Commercial site and/or uses shall be enclosed to provide
effective site screening from adjoining properties, uses or streets as follows:
a. A solid masonry, concrete or earthen product wall not less than eight (8) feet in height shall be
required along and adjacent to any side or rear property line abutting any residential zone boundary, or
any alley abutting such zone boundary at the time of development of the commercial property. Further,
any access gates in said solid wall shall be constructed of view-obscuring material to provide effective
site screening.
b. The perimeter of any portion of a site not adjacent to a residential zone boundary upon which any
outdoor use of a commercial nature is permitted shall be enclosed by a solid masonry, concrete or
earthen product wall not less than eight (8) feet in height, shall be required. Further, any access gates
shall be constructed of view-obscuring materials to provide effective site screening. Approval of the
alternative screening methods not listed above shall be by the Council. No outdoor commercial use or
enclosure thereof shall encroach into any required setback area adjacent to any street, nor shall any
storage products or materials exceed the height of any such enclosure.
2. Any outdoor lighting shall be in conformance with provisions in Chapter 8 hereof. Any outdoor lighting
shall be placed so as to reflect light away from any adjoining residential Zoning District.
3. A building or premises other than the residence of the family of the operator or caretaker employed on
the premises of a commercial use shall not be used for dwelling purposes unless approved as a Special Use
by the Town Council.
4. If a business expands, it shall, in addition to the parking spaces in existence prior to such expansion, be
required to provide only the number of additional parking spaces necessitated by the expansion.
B. Additional Requirements of C-O, C-C, C-1 Zoning Districts:
1. Performance Requirements for a C-O, C-C and C-1 Zoning Districts.
a. All building permits for new construction shall include completion of all right-of-way improvements
required for that type of development by the subdivision ordinance.
b. Signs for permitted neighborhood commercial and professional uses shall conform to Chapter 6 of
this zoning ordinance.
c. Site plans shall be designed in such manner that they minimize the traffic impact of neighborhood
commercial and professional uses on local residential streets.
d. Buildings and their appurtenances shall be oriented to limit conflicts with surrounding residential
uses due to noise, light, litter, or dust.
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 16 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
e. No outdoor music or speakers.
f. When a neighborhood commercial and professional property abuts the residential district, the
following standards shall be required for nonsingle family residential development:
1. A twenty (20) foot landscaped buffer shall be provided for the full distance where the two
properties abut.
2. Lighting of the site shall not exceed fifteen (15) feet in height and shall be directed away from
residences or residentially zoned land in the vicinity of the site.
3. Mechanical equipment must be located or screened to limit sound transfer to nearby
residentially zoned property.
4. Noise producing mechanical equipment must be located at least twenty (20) feet from any
common property line with residentially zoned property.
5. Fences shall be maintained along residential property lines to prevent the intrusion of
unwanted light, dust or blowing debris.
6. Openings in buildings and activity centers on sites shall be located to minimize interference
with residential uses.
7. Drainage from buildings and parking lot areas shall be detained on-site and shall be directed
only into a drainage system approved by the Town Engineer.
8. Loading and delivery entrances shall be located away from the interface with residential uses
or shall be screened to prevent the intrusion of the commercial or professional office activities into
the adjacent residential neighborhood.
9. All activity (except required on-site parking, off-street loading and unloading spaces, and
incidental or accessory storage and display areas) shall be within a completely enclosed building,
unless otherwise specifically noted herein.
10. All mechanical equipment must be screened from public view and view of adjoining properties.
2. The C-1 Zoning District designations should be applied to land that meet the following primary
circumstances:
a. Such a designation is appropriate where commercial activities are to be provided in the midst of a
neighborhood for the benefit of the residents thereof. Such benefits may include convenience, energy
conservation, or related factors. Such a designation may properly apply to a limited area located in a
convenient place relative to the circulation pattern for both vehicles and pedestrians within a
neighborhood. A C-1 Zoning District should serve as a commercial service nucleus for the neighborhood
in which it is located.
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 17 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
b. Application of this district would also be appropriate where its permitted uses and performance
standards might serve as an effective buffer between a residential neighborhood and uses not
compatible with residential living.
c. It may also be suitable in moderate and/or high-density residential areas with high activity levels
where professional office uses would not substantially impact the area.
d. All new construction within the C-1 Zoning District shall conform to the General Provisions as
specified in Chapter 5 of this zoning ordinance unless the following standards are more restrictive, in
which case the more restrictive provision shall prevail.
C. Planned Unit Developments (PUD) in C-1 Zoning Districts:
1. Planned unit developments may be proposed in a C-1 Zoning District for uses permitted within the
district in accordance with provisions permitting planned unit developments as specified by this title.
2. Exceptions to specific terms of the C-1 Zoning District as they directly affect building bulk and placement
of intensity of building use may be considered within the context of a planned unit development as defined
by this title. Uses permitted only in the "C-2" district may constitute up to twenty-five (25%) percent of the net
developed area in any mixed use planned unit development within the C-1 Zoning District. No other uses may
be permitted by way of the planned unit development procedure in the C-1 Zoning District.
3. Minimum size for a planned unit development in the C-1 Zoning District shall be two acres. Exceptions to
this standard shall be treated as a variance concerning building bulk of placement.
Section 12.08 General Provisions
The General Provisions in Chapter 5 shall apply.
Section 12.09 Signs
The regulations in Chapter 6 shall apply.
Section 12.10 Parking and Loading
The parking and loading regulations in Chapter 7 shall apply.
Section 12.11 Outdoor Lighting
The provisions of Chapter 8 shall apply.
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 18 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
Section 12.12 Plan Review
The provisions of Chapter 2, Section 2.04 shall apply.
Section 12.13 Density, Area, Building and Yard Regulations
The chart, which follows, specifies the minimum lot sizes, minimum lot widths, maximum building heights,
minimum yard setbacks and maximum lot coverage percentages, and the minimum distance between buildings.
Fountain Hills Zoning Ordinance Summary COMMERCIAL DISTRICT
District Area (Sq.
Feet)
Width
(Feet)
Bldg
Height
(Feet)
Minimum Yard Setbacks
Lot
Coverage
Distance
Between
Bldgs
(Feet)
Front Side Street
Side Rear
C-O 12,000 60 30e 10a,b 5c 5f 5 35% UBC
C-C 1,125 23 25 0 0 0 0 100%g UBC
C-1 6,000 60 25 25b 0c 10c 0d 60% UBC
C-2 6,000 60 40 10a,b 0b,c 0b,c 0d 60% UBC
C-3 6,000 60 40 10a,b 0b,c 0b,c 0d 60% UBC
a Or height of the building, whichever is greater.
b When adjacent to a residential district, regardless of whether separated by a street or alley, there shall be a
front yard equal to the front yard required in the adjoining residential zoning district or the building height,
whichever is greater (not to exceed 25 feet).
c When adjacent to a residential district there is to be a 10-foot setback or a distance equal to the height of the
commercial building, whichever is greater.
When a corner lot is adjacent to a residential district, regardless of whether separated by a street or alley, there
shall be a 10-foot setback or height of building, whichever is greater.
If a side yard is otherwise provided, the minimum setback is 3 feet.
d When adjacent to a residential district, regardless of whether separated by a street or alley, there is to be a
25-foot setback or height of the building, whichever is greater.
If there is to be other then a zero rear yard setback the minimum setback is 10 feet.
e If within 20 feet of a rural or residential zone, maximum height is 15 feet.
f If a corner lot abuts a residential zoning district whether or not separated by an alley, minimum street side yard
setback shall be 15 feet.
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 19 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
Disclaimer: The town clerk’s office has the official version of the Fountain Hills Zoning Ordinance. Users should
contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above.
Town Website: www.fh.az.gov
Hosted by General Code.
g Excluding sight angles and easements.
Ch. 12 Commercial Zoning Districts | Fountain Hills Zoning Ordinance Page 20 of 20
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
Chapter 25
Entertainment Overlay District
Section 25.01 Purpose and Intent
The Entertainment Overlay District is an overlay zoning district covering portions of downtown within the
Downtown Area Specific Plan area, as shown in Figure 25-1 below; any property located either partially or wholly
within the district is allowed the uses in this Chapter. The overlay district is intended to allow for outdoor
entertainment and uses to establish a more vibrant and active downtown area. The Entertainment Overlay District
modifies the underlying zoning district regulations only to the extent specifically set forth in this Chapter. If not
specifically modified in this Chapter, all of the regulations in effect in the underlying zoning districts will remain in
full force and effect.
Ch. 25 Entertainment Overlay District | Fountain Hills Zoning Ordinance Page 1 of 4
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
Ch. 25 Entertainment Overlay District | Fountain Hills Zoning Ordinance Page 2 of 4
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
Section 25.02 Provisions Applicable to all Uses
A. Outdoor Entertainment is permitted at any establishment with dedicated outdoor seating areas for food and
beverage service.
B. Any recorded or live music or sound that is electronically amplified and played outside an establishment shall
only be permitted at establishments with dedicated outdoor seating areas for food and beverage service.
C. Establishments with dedicated outdoor seating areas for food and beverage service shall comply with the
sound level requirements set forth in the Fountain Hills Town Code Section 11-1-7, as amended.
D. Outdoor seating areas for food and beverage service shall comply with any applicable barrier requirements
from the Arizona Department of Liquor Licenses and Control.
E. Outdoor seating areas for food and beverage service are allowed within the sidewalk areas, provided an
encroachment permit is approved by the Town Council, in its sole discretion, for any seating areas located in a
public right-of-way. Such outdoor seating areas must be properly maintained to ensure safe access and mobility
for business patrons. (21-12, Amended, 12/07/2021)
Section 25.03 Permitted Uses
A. Any permitted use identified in the underlying zoning districts.
B. Single- or multifamily residential dwellings located on the second story or above of a building, so long as the
residential dwelling and the underlying use/structures are in compliance with the following:
1. The technical codes set forth in Article 7-1 of the Town Code.
2. The height and coverage restrictions in the underlying zoning districts.
3. A maximum of eight dwelling units per acre.
Section 25.04 Uses Subject to Special Use Permit
A. Single- or multiple-residential densities in excess of eight dwelling units per acre. (20-01, Added, 01/21/2020)
Ch. 25 Entertainment Overlay District | Fountain Hills Zoning Ordinance Page 3 of 4
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
Disclaimer: The town clerk’s office has the official version of the Fountain Hills Zoning Ordinance. Users should
contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above.
Town Website: www.fh.az.gov
Hosted by General Code.
Ch. 25 Entertainment Overlay District | Fountain Hills Zoning Ordinance Page 4 of 4
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
Chapter 26
Planned Shopping Plaza Overlay District
Section 26.01 Purpose and Intent
The planned shopping plaza overlay district is to provide an overlay zoning district for commercially zoned
property that is platted as a unified center. The intent of this district is to integrate commercial activity and
professional offices with visitor attractions and parks. (20-14, Added, 09/15/2020)
Section 26.02 Permitted Uses
Uses permitted in the shopping plaza overlay district shall be:
A. Those uses permitted in Sections 12.02(B) and (C).
B. Those uses permitted by special use permit shall be those uses specified in Section 12.03. (20-14, Added, 09/
15/2020)
Section 26.03 Additional Regulations
A. All activity associated with any use, including accessory storage and display areas, shall be conducted within a
completely enclosed building. Loading and unloading activities and activities otherwise specifically authorized are
exempt from this regulation.
B. Except for outdoor seating as part of a restaurant or cafe, the perimeter of any portion of a site upon which
any outdoor use of a commercial nature is permitted shall be enclosed by a solid masonry, concrete, or earthen
product wall not less than eight feet in height. Further, any access gates shall be constructed of view-obscuring
materials to provide effective site screening. Approval of alternative screening methods not listed above shall be
by the Town Council. (20-14, Added, 09/15/2020)
Section 26.04 General Provisions
Except as may be modified by this overlay district, the general provisions in Chapter 5 shall apply. (20-14, Added,
09/15/2020)
Ch. 26 Planned Shopping Plaza Overlay District | Fountain Hills Zoning Ordinance Page 1 of 3
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
Section 26.05 Signs
The regulations in Chapter 6, Signs, shall apply. (20-14, Added, 09/15/2020)
Section 26.06 Parking and Loading
A. The parking regulations in Chapter 7, Parking and Loading Requirements, shall apply to all lots over 10,800
square feet in area as of January 1, 1992. The Council may approve up to a fifty percent (50%) reduction in
required on-site parking through approval of a special use permit.
B. For lots 10,800 square feet or less as of January 1, 1992, the common parking lot areas shall satisfy all of the
off-street parking requirements regardless of the land use. Any elimination of parking spaces in the common
parking area by a lot owner or user is required to be replaced by adding the lost spaces on site or on another lot
on the same block. (20-14, Added, 09/15/2020)
Section 26.07 Outdoor Lighting
The provisions of Chapter 8 shall apply. (20-14, Added, 09/15/2020)
Section 26.08 Plan Review
The provisions of Section 2.04 shall apply. (20-14, Added, 09/15/2020)
Section 26.09 Density, Area, Building and Yard Regulations
A. Building Height:
Building height allowances shall be the same as permitted in the underlying zoning district.
B. Building Setbacks:
1. Front Yard:
a. Lots 10,800 square feet and under do not have a front yard setback requirement but must meet
sight triangle requirements when a corner lot. Must not encroach into platted easements.
b. Lots over 10,800 square feet must provide a 10-foot front yard and must meet sight triangle
requirements when a corner lot. Must not encroach into platted easements.
2. Side Yard:
Ch. 26 Planned Shopping Plaza Overlay District | Fountain Hills Zoning Ordinance Page 2 of 3
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.
Disclaimer: The town clerk’s office has the official version of the Fountain Hills Zoning Ordinance. Users should
contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above.
Town Website: www.fh.az.gov
Hosted by General Code.
None required, except on corner lots. Street side yards must meet sight triangle requirements. Must not
encroach into platted easements.
3. Rear Yard:
None required; must not encroach into platted easements.
C. Maximum Lot Coverage:
1. Lots may have one hundred percent (100%) lot coverage exclusive of any easements or required
setbacks. (20-14, Added, 09/15/2020)
Ch. 26 Planned Shopping Plaza Overlay District | Fountain Hills Zoning Ordinance Page 3 of 3
The Fountain Hills Zoning Ordinance is current through Ordinance 24-13, passed September 17, 2024.