Staff Report

Town of Fountain Hills — Planning & Zoning Commission (2026-04-13)

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ITEM 7.d. 
 
TOWN OF FOUNTAIN HILLS 
 
STAFF REPORT 
 
Meeting Date: 
4/13/2026 
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 26-03 amending Zoning Ordinance Section 5.13, Community Residences to 
remove sections moved to Town Code Article 8-8. 
 
Staff Summary (background) 
The Town Council directed staff to review the current ordinance provisions for community 
residences and add provisions to require insurance and allow for inspections of these homes. 
After reviewing the state statutes and the current ordinance provisions, it was determined the 
best way to accomplish this was to move the registration portions of the existing ordinance to 
the Business Regulations chapter of the Town Code. At their March 17, 2026, meeting, the 
Council approved an ordinance establishing a new Article 8-8, Community Residences, in 
Chapter 8, Business Regulations. This section of the Town Code now provides the 
requirements for licensing of community residences and added the provisions desired by the 
Council for insurance and inspections. 
 
With the adoption of Ordinance 26-09 moving the registration requirements for community 
residences to Article 8-8 of the Town Code, it is necessary to remove the duplicative 
provisions from Sec. 5.13, Community Residences, from the Zoning Ordinance.  Attached is 
Ordinance 26-03 which amends Ordinance 26-03 to remove the portions of the existing 
ordinance that are now covered in Article 8-8.  The only other change to Sec. 5.13 is to add a 
new subsection D. Registration.  This section references the registration provisions in Town 
Code Article 8-8. 
 
Attached are the ordinance making the changes and a clean version of Sec. 5.13 with the 
portions of the ordinance that have been moved to Article 8-8 removed. 
 
Related Ordinance, Policy or Guiding Principle 
Zoning Ordinance Section 5.13 
 
Risk Analysis 
N/A 
 
Recommendation(s) by Board(s) or Commission(s) 
N/A 
 
Staff Recommendation(s) 
MOVE TO recommend adoption of Ordinance 26-03. 
 
Suggested Motion 
MOVE TO recommend approval of Ordinance 26-03.

FISCAL IMPACT 
Fiscal Impact:  
Budget Reference:  
Funding Source:  
 
ATTACHMENTS 
1. 
Ordinance 26-03 
2. 
Revised Section 5.13