HomeMy WebLinkAboutOrd 2022-08ORDINANCE NO. 22-08
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, SECTION 1.12, DEFINITIONS, BY
ADDING A DEFINITION FOR AN INDOOR SHOOTING RANGE, AND
BY ADDING NEW PROVISIONS TO SECTIONS 12.02 C., 12.04, 12.05,
AND 12.06 TO ALLOW AN INDOOR SHOOTING RANGE SUBJECT TO
THE STANDARDS LISTED.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the `Town Council")
adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for
the Town of Fountain Hills (the "Zoning Ordinance"); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 1,
Commercial Zoning Districts, by adding a new definition for an indoor shooting range to Section
1.12 and adding new provisions to Section 12.02 C., 12.04, 12.05 and 12.06 to allow specific types
of indoor shooting ranges with a Special Use Permit in the C-C and C-1 zoning districts, and as a
matter of right in the C-2 and C-3 zoning districts, and other types on shooting ranges with a Special
Use Permit in the C-2 and C-3; and,
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
§ 9-462.04, public hearings regarding this ordinance were advertised in the October 26, 2022, and
November 2, 2022, editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on November 14, 2022 and by the Town Council on January 3, 2023.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 1, Introduction, Section 1.12, Definitions, is
amended as follows:
INDOOR SHOOTING RANGE: AN ENCLOSED PERMANENT BUILDING OPEN TO
THE PUBLIC OR MEMBERS OF AN ORGANIZATION WHERE FIREARMS ARE
DISCHARGED AT TARGETS.
SECTION 3. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section
12.02 C., Permitted Uses, is amended as follows:
26. 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.
SECTION 4. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section
12.04, Uses Subject to Special Use Permits in the C-C and C-I Zoning Districts Only, is amended
as follows:
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.
SECTION 5. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section
12.05, Uses Subject to Special Use Permits in the C-2 Districts Only, is amended as follows:
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.
SECTION 6. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section
12.06, Uses Subject to Special Use Permits in the C-3 Districts Only, is amended as follows:
F. 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.
SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any reason held to be unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 6. The Mayor, the Town Manager, the Town Clerk and the Town Attomey are
hereby authorized and directed to execute all documents and take all steps necessary to carry out
the purpose and intent of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, this 3`d day of January, 2023.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Gitti Dickey, ayor
REVIEWED BY:
L.�
a Mendenhall, Town Clerk
APPROVED AS TO FORM:
Grady E. Miller'T%wn Manager baron D. mson, Town Attorney