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ITEM 5.b. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 1/12/2026 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) DISCUSSION: Review and discuss the planned update to the Zoning Ordinance to adjust the list of permitted uses, re-organize chapters, and revise standards for some uses. Staff Summary (background) Prior to the incorporation of the Town, the County Zoning Ordinance was used to regulate development of the master planned community. Once the Town was incorporated a zoning ordinance was written for the Town based on the County ordinance in effect at the time. Over the last 30 years there have been many changes to the zoning ordinance to address the issues and needs of the Town. During this time, however, there has not be a comprehensive update to the ordinance. One challenge with the current ordinance is that it lists specific uses for what is allowed in the various zoning districts. The list of uses is out of date. Further, any list of uses is either going to be very long or leave out a number of uses. Many communities have gone to an alternative approach with use categories that group similar uses together. Further, the list of uses allowed is put in a table which allows comparison of uses by district in one location. For example, the current ordinance, under Uses Permitted in the C-O Zoning District, lists Accountant, Advertising Agency, Architect, Business Association, Chiropodist, Chiropractor, Collection Agency, Dentist, Engineer, Geologist, Lawyer, etc. The draft of the revised ordinance groups uses into categories such as: "Business and Professional" which is for: "Offices of firms or organizations providing professional, executive, management, administrative, or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, insurance, real estate, and legal services." and "Medical" which is for: "Offices where medical and dental services are provided by physicians, dentists, chiropractors, optometrists, and similar medical professionals. This classification includes medical laboratories, massage therapy, and counseling services." In the Commercial Zoning District Chapter, instead of having the long this of uses, there is a simple table that lists the use categories, shows what zoning district allows the use category, and provides reference to associated standards or requirements. Another challenge with the current ordinance is that the list of uses allowed often includes specific development standards or definitions. This can make it difficult to understand the uses allowed or keep track of the standards associated with a use in a given zoning district. For example, the list of Uses Permitted in the C-O Zoning District includes the following: 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. Here the list of uses is interrupted with some specific associated requirements and there is a use listed that should be in a section for Uses Permitted by Special Use Permit. As seen in the example table above, the new format uses footnotes and references to relevant sections of the Zoning Ordinance where standards are found to provide this additional information. A third basic change being proposed is to re-order some of the chapters. As the ordinance has grown and changed over the years, the chapters for the various zoning districts and overlays have gotten separated. It is proposed that the new order be Administration (Introduction, Procedures, Zoning Boundaries, Nonconforming Uses and Structures), followed by Districts (Open Space, Residential, Multifamily, Commercial, Industrial, Utility, Mobile Home, Lodging, PAD, Overlays), and Development Requirements (General Provisions, Signs, Parking, Outdoor Lighting, Design Standards, Saguaro Cactus, Adult Businesses, Tract Housing, Medical Marijuana, Wireless Communication Towers and Atenna). This agenda item is being presented to inform the Commission regarding the work that is being done to update the zoning ordinance, begin discussion of the changes, and seek comment and feedback on the proposed new format. The existing and proposed Open Space chapter of the Zoning Ordinance is attached to provide an example of the revised chapter format. No action will be taken at this time. In the coming months, staff will bring the revised chapters to the Commission for review and discussion. Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) No recommendations are being made at this time. This agenda is to begin discussion of the reformatting of the zoning ordinance to obtain comments and feedback. Suggested Motion N/A FISCAL IMPACT Fiscal Impact: Budget Reference: Funding Source: ATTACHMENTS 1. Fountain Hills Zoning Ordinance Chapter 9 2. New Chapter 5 Open Space 3. Section 1.13 Land Use Classifications