HomeMy WebLinkAboutOrd 2016-04ORDINANCE 16-04
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN
HILLS ZONING ORDINANCE, CHAPTER 12, COMMERCIAL ZONING
DISTRICTS, RELATED TO OUTDOOR ENTERTAINMENT, ADDING A
NEW CHAPTER 25, ENTERTAINMENT OVERLAY DISTRICT, AND
AMENDING THE OFFICIAL ZONING DISTRICT MAP.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town
Council") approved Ordinance No. 93-22 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 12 (Commercial Zoning Districts), Subsection 12.02(C) (Additional Uses Permitted in
C-2 and C-3 Zoning Districts), to allow outdoor entertainment, and to add a new Chapter 25
(Entertainment Overlay District) to create an overlay zoning district for downtown to allow for
outdoor entertainment; and
WHEREAS, the Town Council desires to amend the Town of Fountain Hills Official
Zoning District Map (the "Zoning Map") pursuant to ARIZ. REV. STAT. § 9-462.04, to modify the
zoning designation for an approximately 63 acre area of real property to include the
Entertainment Overlay District (the "Zoning Map Amendment"); 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
August 24, 2016 and August 31, 2016, editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on September 8, 2016, and by the Town Council on October 6, 2016.
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 12 (Commercial Zoning Districts),
Subsection 12.02(C) (Additional Uses Permitted in C-2 and C-3 Zoning Districts) is hereby
amended as follows:
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. No
adult entei4ainfnent.
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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. Aany outdoor patio with alcoholic beverage
service must be enclosed as required by Arizona Revised Statutes § 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.
SECTION 3. The Zoning Ordinance is hereby amended by adding a new Chapter 25
(Entertainment Overlay District) as follows:
Sections:
25.01 Purpose and Intent
25.02 Provisions Applicable to all Uses
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.
[Figure 25-1 on following page]
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TOWN OF FOUNTAIN HILLS
ENTERTAINMENT OVERLAY DISTRICT
Figure 25-1
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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.
SECTION 4. The Zoning Map Amendment applicable to the approximately 63 acre area
of real property generally bounded by Palisades Boulevard to the north, Saguaro Boulevard to
the east, La Montana Boulevard to the west and Avenue of the Fountains to the South, as more
particularly depicted on Exhibit A, attached hereto and incorporated herein by reference, is
hereby approved.
SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or 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 Attorney
are hereby authorized and directed to take all steps and execute all documents 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, October 6, 2016.
FOR THE TOWN OF FOUNTAIN HILLS:
Linda M"Ka agh, Ma or
REVIEWED BY:
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VV:A-L�-
Grady E. Mil er, T n Manager
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ATTESTED TO:
Wma., /0' W.'e-MONW., N' "S "/W-. "'., WI -n -DA,
:- :-J ,K Clerk
APP VED AS TO FORM:
'T
Andrew J. Mc uire, Town Attorney
EXHIB IT A
TO
ORDINANCE 16-04
(Map of Property)
See following page.
2754930.3
TOWN OF FOUNTAIN HILLS
ENTERTAINMENT OVERLAY DISTRICT
Figure 25-1
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DATE: 8-15-16