Staff Report

Town of Fountain Hills — Planning & Zoning Commission (2026-05-11)

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ITEM 7.c. 
 
TOWN OF FOUNTAIN HILLS 
 
STAFF REPORT 
 
Meeting Date: 
5/11/2026 
Meeting Type: 
Planning and Zoning Commission Regular Meeting 
Submitting Department: 
Development Services 
Prepared by: 
John Wesley, Development Services Director 
Staff Contact Information: Phone: 480-816-5138 
Email: jwesley@fountainhillsaz.gov 
 
Request to Town Council Regular Meeting (Agenda Language) 
PUBLIC HEARING, with CONSIDERATION AND POSSIBLE ACTION: Relating to 
Ordinance 26-10 amending Zoning Ordinance Chapter 10, Single-family Zoning Districts, to 
add Section 10.025, Uses Permitted by Special Use Permit, and Chapter 11, Multifamily 
Zoning Districts, to amend Section 11.03, Uses Permitted by Special Use Permit, to add 
provisions for office uses in residential zoning districts. 
 
Staff Summary (background) 
Staff has recently been working with the Fountain Hills Unified School District to consider 
possible re-uses of under-utilized and vacant school buildings.  Through that review and 
discussion, staff realized that with changing demands for schools and other existing non-
residential uses established in residential zoning districts, there is a need in the zoning 
ordinance to provide for viable alternative uses for these buildings. 
 
As an example, the former McDowell Mountain school has been under-utilized for a number 
of years. It is located in a residential neighborhood.  Under the current R1-8 zoning 
designation, reuse of the building is limited.  Given the location in the middle of a single-
family neighborhood, rezoning to a commercial or multifamily zoning district is challenging. 
 
Given these challenges, staff is proposing a zoning text amendment to provide a mechanism 
to allow consideration of office uses in existing nonresidential buildings in residential zoned 
areas.  The attached ordinance provides the opportunity for consideration of a Special Use 
Permit to allow approval of uses in the C-O, Office District, with the listed conditions. 
 Changes are being proposed for both the single-family and multifamily zoning districts. 
 
Chapter 10, Single Family Zoning Districts, does not currently have any provisions for 
Special Use Permits. Therefore, in this chapter, a new section is being added, Section 10.025. 
 Chapter 11, Multi-family Zoning Districts, has a section for Special Use Permits, so this 
section is being amended to allow the new use.  The provisions being added in both chapters 
are the same. 
 
The proposed requirements as provided in Chapter 10 are: 
 
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. 
Uses permitted in the C-O zoning district are: 
1. Any business office in which chattels or goods, wares, or merchandise is not 
commercially created, repaired, sold or exchanged. 
2. Offices for: 
a. Accountant 
b. Advertising agency 
c. Architect 
d. Business Association 
e. Chiropodist 
f. Chiropractor 
g. Collection Agency 
h. Dentist 
i. Engineer

j. Geologist 
k. Insurance broker 
l. Lawyer 
m. Labor Union 
n. Marriage Counselor 
o. Minister 
p. Naturopath 
q. Optometrist 
r. Osteopath 
s. Physician 
t. Private Detective 
u. Private Employment Agency 
v. Professional Membership Organization 
w. Public Stenographer 
x. Real Estate Broker 
y. Surgeon 
z. Surveyor 
aa. Talent Agency 
bb. Telephone Message Service 
cc. Other similar professional and semi-professional work. 
3. Banks, building and loan associations, savings and loan associations, credit unions, 
finance companies, and investment companies. 
4. Studios for photography, fine or commercial arts or other professional work. 
5. Medical and clinical laboratories. 
6. Post office. 
7. Pharmacy, when in conjunction with a medical center consisting of offices occupied by 
five (5) or more doctors provided that there shall be no outside entrance for business 
purposes, and that no sign or display be located so as to be visible from a public 
thoroughfare or adjacent property.

8. Single and multifamily residential dwellings, subject to special use permit. 
Reviewing the Town's maps, staff have identified 11 parcels that could be impacted by this 
zoning provision.  Four are school properties, one is the Boys and Girls Club parcel, and the 
other six are churches.   
 
In summary, this text amendment would allow the property owner of a residentially zoned 
property that has a non-residential building and has a history of being used for a non-
residential use (typically a church or school), to apply for a SUP to allow an office use to 
occupy some or all of the existing building.  The review of the SUP will require the same 
citizen participation process and public hearings as all other SUP's so the public will have the 
opportunity to be informed of the potential use and attend the hearings before the Planning 
and Zoning Commission and Town Council. 
 
 
 
 
Related Ordinance, Policy or Guiding Principle 
Zoning Ordinance Chapter 10, Single Family Zoning Districts 
Zoning Ordinance Chapter 11, Multi-family Zoning Districts 
 
Risk Analysis 
N/A 
 
Recommendation(s) by Board(s) or Commission(s) 
N/A 
 
Staff Recommendation(s) 
Staff recommends adoption of Ordinance 26-10. 
 
Suggested Motion 
MOVE TO recommend adoption of Ordinance 26-10. 
 
FISCAL IMPACT 
Fiscal Impact:  
Budget Reference:  
Funding Source:  
 
ATTACHMENTS 
1. 
ORDINANCE NO 26-10