HomeMy WebLinkAboutOrd 2021-12 ORDINANCE NO. 21-12
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE, CHAPTER 18, TOWN CENTER COMMERCIAL
DISTRICT, BY AMENDING SECTION 18.03. B. 23., AND CHAPTER 25,
ENTERTAINMENT OVERLAY DISTRICT, SECTION 25.02. E. TO ALLOW
OUTDOOR SEATING AREAS FOR FOOD AND BEVERAGE SERVICE
WITHININ SIDEWALK AREAS LOCATED IN A PUBLIC RIGHT OF WAY,
PROVIDED AN ENCORACHMENT PERMIT IS APPROVED BY TOWN
COUNCIL.
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 the Zoning Ordinance to revise Chapter 18, Town
Center Commercial District, by amending provisions related to outdoor seating areas for food and
beverage service in Section 18.03. B. 23.; 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 25, 2021, and
September 1, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
September 13, 2021 and by the Town Council on December 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 18, Town Center Commercial District, Section 18.03
B. 23., Permitted Uses, is amended as follows:
23. Outdoor seating areas for restaurants, delicatessens, cafes or bars with or without
alcoholic beverage service, subject to the regulations of this Chapter 18 and provided that
any 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. SUCH OUTDOOR SEATING
AREAS ARE ALLOWED WITHIN SIDEWALK AREAS LOCATED IN A PUBLIC RIGHT
- OF WAY, PROVIDED AN ENCROACHMENT PERMIT IS APPROVED BY TOWN
ORDINANCE 21-12 PAGE 2
COUNCIL, AT ITS SOLE DISCRETION. SUCH OUTDOOR SEATING AREAS MUST BE
PROPERLY MAINTAINED TO ENSURE SAFE ACCESS AND MOBILITY FOR
BUSINESS PATRONS.
SECTION 3. The Zoning Ordinance, Chapter 25, Town Center Commercial District, Section 25.02
E., Provisions Applicable to all Uses, is amended as follows:
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.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney 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
7th day of December, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Gi y Dickey, Mayor izabe A Klein, Town Clerl
REVIEWED BY: r APPROVED AS TO FORM:
h .
Grady E. iller, ,own Manager on D. Ar o'n Town Attorney