HomeMy WebLinkAboutOrd 2021-06ORDINANCE NO. 21-06
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE, CHAPTER 1, INTRODUCTION, SECTION 1.12,
DEFINITIONS, AMENDING THE DEFINITION OF HOSPITAL AND CHAPTER
12, COMMERCIAL ZONING DISTRICTS, AMENDING SECTION 12.02 B. 3 BY
ADDING HOSPITALS TO THE LIST OF PERMITTED USES
RECITALS:
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 Chapter 1, Introduction, Section 1.12, Definitions
by amending the existing definition of Hospital and Chapter 12, Commercial Zoning Districts, of
the Zoning Ordinance, Section 12.02, Permitted Uses, B. 3. by adding hospitals as a permitted
use in the C-1, C-C, C-2, and C-3 Zoning Districts; 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 June 23, June 30,
August 18, and August 25, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
April 12, 2021, May 10, 2021, and July 12, 2021, and by the Town Council on September 7,
2021.
ENACTMENTS:
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 hereby
amended as follows:
Hospital: A plaGe for the treatment er Gare ef human ailments, wheFe overnight ledg'Rg fer
INCLUDES ESTABLISHMENTS KNOWN AND
LICENSED AS GENERAL MEDICAL AND SURGICAL HOSPITALS PRIMARILY ENGAGED
IN PROVIDING DIAGNOSTIC AND MEDICAL TREATMENT (BOTH SURGICAL AND
NONSURGICAL) TO INPATIENTS WITH ANY OF A WIDE VARIETY OF MEDICAL
CONDITIONS. THESE ESTABLISHMENTS MAINTAIN INPATIENT BEDS FOR PATIENTS
WHO CAN STAY FOR MORE THAN 24 HOURS. THESE ESTABLISHMENTS USUALLY
PROVIDE OTHER SERVICES, SUCH AS OUTPATIENT SERVICES, ANATOMICAL
PATHOLOGY SERVICES, DIAGNOSTIC X-RAY SERVICES, CLINICAL LABORATORY
SERVICES, OPERATING ROOM SERVICES FOR A VARIETY OF PROCEDURES, AND
ORDINANCE 21-06 PAGE 2
PHARMACY SERVICES. THIS DEFINITION SHALL NOT INCLUDE NOR HAVE PROVISION
FOR OUTPATIENT OR INPATIENT SERVICES DEFINED OR CLASSIFIED UNDER THE
UMBRELLA OF BEHAVIORAL HEALTH INCLUDING CHEMICAL DEPENDENCY WITH THE
EXCEPTION OF EMERGENT, INITIAL POINT OF CARE TREATMENT TYPICAL OF AN
EMERGENCY DEPARTMENT.
SECTION 3. The Zoning Ordinance, Chapter 12, Commercial Zoning Districts, Section 12.02 B.
3 is hereby amended as follows:
Section 12.02 B. Uses permitted in C-1, C-C, C-2, and C-3, Zoning Districts are as follows:
3. Public and Quasi -Public Uses
a. Churches
b. Golf courses including clubhouses located thereon, but not including miniature
courses or practice driving ranges operated for commercial purposes
HOSPITALS; SUBJECT TO APPROVAL OF A SPECIAL USE PERMIT IN THE
C-1 AND C-C DISTRICTS TO OPERATE BETWEEN 11 PM AND 7 AM
D.c,. Libraries, museums, parks, playgrounds, and community buildings
E.d- Public Schools
F.e. Publicly or privately owned or operated fires stations, and publicly owned or
operated police stations and post offices
G.f-. 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.
SECTION 4. 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 5. In accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the
laws of the State of Arizona, the City/Town Council has considered the individual property rights
and personal liberties of the residents of the City/Town and the probable impact of the proposed
ordinance on the cost to construct housing for sale or rent before adopting this ordinance
ORDINANCE 21-06
PAGE 3
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
7th day of September, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
r
Girdy Dick , Mayor
REVIEWED BY:
tz)"� t. N'�*ka�
Grady E. n
own Manager
lizabe Klein, own Clerk
APPROVED AS TO FORM:
'-Aar-on-D. Arnson, Town Attorney