Fountain Hills City Zoning Code
25 Entertainment
Overlay District
Section 25.01 Purpose and Intent
The Entertainment Overlay District is an overlay zoning district covering portions of downtown within the Downtown Area Specific Plan area, as shown in Figure 25-1 below; any property located either partially or wholly within the district is allowed the uses in this Chapter. The overlay district is intended to allow for outdoor entertainment and uses to establish a more vibrant and active downtown area. The Entertainment Overlay District modifies the underlying zoning district regulations only to the extent specifically set forth in this Chapter. If not specifically modified in this Chapter, all of the regulations in effect in the underlying zoning districts will remain in full force and effect.
Section 25.02 Provisions Applicable to all Uses
A. Outdoor Entertainment is permitted at any establishment with dedicated outdoor seating areas for food and beverage service.
B. Any recorded or live music or sound that is electronically amplified and played outside an establishment shall only be permitted at establishments with dedicated outdoor seating areas for food and beverage service.
C. Establishments with dedicated outdoor seating areas for food and beverage service shall comply with the sound level requirements set forth in the Fountain Hills Town Code Section 11-1-7, as amended.
D. Outdoor seating areas for food and beverage service shall comply with any applicable barrier requirements from the Arizona Department of Liquor Licenses and Control.
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. (21-12, Amended, 12/07/2021)
Section 25.03 Permitted Uses
A. Any permitted use identified in the underlying zoning districts.
B. Single- or multifamily residential dwellings located on the second story or above of a building, so long as the residential dwelling and the underlying use/structures are in compliance with the following:
1. The technical codes set forth in Article 7-1 of the Town Code.
2. The height and coverage restrictions in the underlying zoning districts.
3. A maximum of eight dwelling units per acre.
Section 25.04 Uses Subject to Special Use Permit
A. Single- or multiple-residential densities in excess of eight dwelling units per acre. (20-01, Added, 01/21/2020)