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ORDINANCE NO.06-33
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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, SECTION 12.02, PERMITTED USES AND SECTION 12.04,
USES SUBJECT TO SPECIAL USE PERMITS IN C-C AND C-1 ZONING
DISTRICTS ONLY, RELATING TO ALCOHOLIC BEVERAGES.
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 desires to amend the Zoning Ordinance to revise Chapter 12,
Commercial Zoning Districts, relating to alcoholic beverages;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 November 15, 2006
edition of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning
Commission on November 30,2006, and by the Town Council on December 21,2006.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. That the Zoning Ordinance, Chapter 12, Commercial Zoning Districts,
Section 12.02(B)(1),Commercial Uses, is hereby amended as follows:
g. Delicatessens,
t. Restaurants,
SECTION 2. That the Zoning Ordinance, Chapter 12, Commercial Zoning Districts,
Section 12.04, Uses Subject to Special Use Permits in C-C and C-1 Zoning Districts Only, is
hereby amended as follows:
/6,--Aleehelie-beveragesr sales-and-dispensing:.
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1&-A. Drive-in window facilities.
'or
GB. Operation of commercial or professional activities between eleven p.m.
and seven a.m.
13 C. Outdoor seating area
E:D. Private schools for vocational education.
F: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).
SECTION 3. That if any provision or any portion of any provision of this Ordinance is
for any reason held to be unconstitutional or otherwise unenforceable by a court of competent
jurisdiction, such provision or portion thereof shall be deemed separate, distinct and independent
of the remaining provisions of this Ordinance and shall be severed therefrom without affecting
the validity of the remaining portions of this Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
December 21, 2006.
FOR THE TOWN OF F7: NTAIN HILLS: ATTESTED TO:
Lam, /_ X62!,./
W.J. Nichol.,Mayor Bevelyn J. Be er,To n Clerk
REVIEWED . APPROVED AS TO FORM:
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Timothy G. Pickering,T n nager Andrew J. McGuire,Town Attorney
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