ORDINANCE NO 26-10

ORDINANCE NO. 26–10 
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN 
HILLS, MARICOPA COUNTY, ARIZONA, AMENDING ZONING ORDINANCE 
CHAPTER 10, SINGLE-FAMILY ZONING DISTRICTS, ADDING SECTION 10.025, 
USES PERMITTED BY SPECIAL USE PERMIT, AND AMENDING CHAPTER 11, 
MULTIFAMILY ZONING DISTRICTS, SECTION 11.03, USES PERMITTED BY 
SPECIAL USE PERMIT, TO ADD PROVISIONS FOR OFFICE USES IN 
RESIDENTIAL ZONING DISTRICTS 
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 Chapters 10, Single-family Zoning Districts, 
and 11, Multifamily Zoning Districts to allow for office uses in residential districts through 
approval of a Special Use Permit; 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 April 22, 2026, and 
April 29, 2026, editions of the Fountain Hills Times; and 
WHEREAS, a public hearing was held by the Town Council on June 16, 2026; and 
WHEREAS, in accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the 
laws of the State of Arizona, the Town Council has considered the individual property rights 
and personal liberties of the residents of the Town and the probable impact of the 
proposed ordinance on the cost to construct housing for sale or rent before adopting this 
ordinance. 
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF 
FOUNTAIN HILLS, ARIZONA, as follows: 
SECTION 1.  The recitals above are hereby incorporated as if fully set forth herein. 
SECTION 2.  Chapters 10, Single-family Zoning Districts and 11, Multifamily Zoning 
Districts, are hereby amended as provided in Exhibit A. 
SECTION 3. If any provision of this Ordinance is for any reason held by any court of 
competent jurisdiction to be unenforceable, such provision or portion hereof shall be 
deemed separate, distinct and independent of all other provisions and such holding shall 
not affect the validity of the remaining portions of this Ordinance.

SECTION 4. This ordinance shall become effective thirty (30) days after its passage 
and adoption by the Town Council of the Town of Fountain Hills, Arizona, and its approval 
by the Mayor and attestation by the Town Clerk. 
 
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, 
Arizona, this 16th day of June, 2026. 
 
TOWN OF FOUNTAIN HILLS, ARIZONA 
 
ATTEST: 
 
_____________________________________  
_______________________________________ 
Gerry M. Friedel, Mayor 
 
 
 
Bevelyn Bender, Town Clerk 
 
REVIEWED BY: 
 
 
 
 
APPROVED AS TO FORM: 
 
____________________________________ 
 
_______________________________________ 
Rachael Goodwin, Town Manager  
 
Jennifer J. Wright, Town Attorney

ORDINANCE NO. 2026-10 
EXHIBIT A 
Chapter 10 Single-Family Residential Zoning Districts: R1-190, R1-43, R1-35, R1-
35H, R1-18, R1-10, R1-10A, R1-8, R1-8A, R1-6, R1-6A 
… 
SECTION 10.025 USES SUBJECT TO SPECIAL USE PERMIT 
A. USES PERMITTED IN THE C-O ZONING DISTRICT SUBJECT TO THE 
FOLLOWING CONDITIONS AND REQUIREMENTS: 
1. MINIMUM LOT SIZE: 2 ACRES  
2. THERE MUST BE EXISTING NON-RESIDENTIAL DEVELOPMENT AND 
HISTORIC NON-RESIDENTIAL USE OF THE PROPERTY. 
3. USES ARE LIMITED REUSE OF EXISTING BUILDINGS.  NO EXPANSION 
OF FOOTPRINT, NO NEW DETACHED STRUCTURES, AND NO 
OUTDOOR STORAGE SHALL BE PERMITTED UNLESS SPECIFICALLY 
APPROVED AS PART OF THE SPECIAL USE PERMIT. 
4. SIGNAGE.  EXCEPT AS MAY BE SPECIFICALLY APPROVED AS PART OF 
THE SPECIAL USE PERMIT, NO EXTERIOR SIGNAGE VISIBLE BEYOND 
THE PROPERTY LINE. 
5. OUTDOOR ACTIVITY. NO OUTDOOR ACTIVITY EXCEPT FOR 
PLAYGROUND OR SPORTS ACTIVITIES FOR CHILDREN. 
6. TRAFFIC, PARKING, AND CIRCULATION.  THE USE SHALL PROVIDE 
ADEQUATE ON-SITE PARKING, SAFE PICK-UP AND DROP-OFF 
OPERATIONS, AND CIRCULATION DESIGNED TO AVOID MATERIAL 
TRAFFIC, QUEUING, OR SAFETY IMPACTS ON ADJACENT RESIDENTIAL 
STREETS. 
7. HOURS OF OPERATION.  UNLESS OTHERWISE SPECIFIED IN THE 
APPROVAL OF THE SPECIAL USE PERMIT, THE HOURS OF OPERATION 
ARE LIMITED TO 7:00 AM – 6:00 PM., MONDAY THROUGH FRIDAY. 
8. APPROVAL SHALL BE LIMITED TO THE APPLICANT REQUESTING THE 
SPECIAL USE PERMIT AND SHALL NOT BE TRANSFERABLE. 
… 
Chapter 11Multifamily Zoning Districts M-1, M-2, M-3, R-2, R-3, R-4 and R-5 
…

Section 11.03 Uses Subject to Special Use Permit in an M-1, M-2, M-3, R-3, R-4, 
and R-5 Zoning District are as follows 
A.  Hotels and motels in an R-5 Zoning District only. 
B.  Nursing homes, convalescent homes and homes for the aged. 
C.  Nonresidential buildingS over 30 feet in height, but not to exceed 40 feet in 
height: 
1.  INCREASING THE MAXIMUM HEIGHT ABOVE 30’ TO A MAXIMUM OF 40’. 
2.  MODIFICATION OF THE ALLOWED SETBACKS. 
3.  USES PERMITTED IN THE C-O ZONING DISTRICT, AS APPROVED BY 
THE COUNCIL THROUGH THE SPECIAL USE PERMIT, SUBJECT TO THE 
FOLLOWING CONDITIONS AND REQUIREMENTS: 
a. MINIMUM LOT SIZE: 2 ACRES  
b. THERE MUST BE EXISTING NON-RESIDENTIAL DEVELOPMENT AND 
HISTORIC NON-RESIDENTIAL USE OF THE PROPERTY. 
c. USES ARE LIMITED REUSE OF EXISTING BUILDINGS.  NO 
EXPANSION OF FOOTPRINT, NO NEW DETACHED STRUCTURES, 
AND NO OUTDOOR STORAGE SHALL BE PERMITTED UNLESS 
SPECIFICALLY APPROVED AS PART OF THE SPECIAL USE PERMIT. 
d. SIGNAGE.  EXCEPT AS MAY BE SPECIFICALLY APPROVED AS PART 
OF THE SPECIAL USE PERMIT, NO EXTERIOR SIGNAGE VISIBLE 
BEYOND THE PROPERTY LINE. 
e. OUTDOOR ACTIVITY. NO OUTDOOR ACTIVITY EXCEPT FOR 
PLAYGROUND OR SPORTS ACTIVITIES FOR CHILDREN. 
f. TRAFFIC, PARKING, AND CIRCULATION.  THE USE SHALL PROVIDE 
ADEQUATE ON-SITE PARKING, SAFE PICK-UP AND DROP-OFF 
OPERATIONS, AND CIRCULATION DESIGNED TO AVOID MATERIAL 
TRAFFIC, QUEUING, OR SAFETY IMPACTS ON ADJACENT 
RESIDENTIAL STREETS. 
g. HOURS OF OPERATION.  UNLESS OTHERWISE SPECIFIED IN THE 
APPROVAL OF THE SPECIAL USE PERMIT, THE HOURS OF 
OPERATION ARE LIMITED TO 7:00 AM – 6:00 PM., MONDAY 
THROUGH FRIDAY. 
h. APPROVAL SHALL BE LIMITED TO THE APPLICANT REQUESTING 
THE SPECIAL USE PERMIT AND SHALL NOT BE TRANSFERABLE.

D. Required setbacks for nonresidential buildings may be modified at the 
discretion of the Town Council. 
All uses subject to a special use permit are subject to the lot coverage, setback, 
density and other requirements stated in Chapter 11, Section 11.10, of this 
Ordinance. Sign regulations for a C-1 Zoning District are applicable for a 
hotel/motel use in an R-5 Zoning District.