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Fountain Hills P&Z Eyes Home
Business Regulation Changes

By February 15, 2024No Comments

By Bob Burns | Fountain Hills Times

The Fountain Hills Planning and Zoning Commission is recommending changes to several rules and regulations related to home occupations or businesses operating from residences.

In his staff report to the commission, Development Services Director John Wesley pointed out that the Zoning Ordinance does allow residents to operate businesses from their residence. There are rules and regulations in place, which Wesley said have been in place for many years.

“With the digital age and the types of businesses evolving, town staff have identified situations where activities of a business nature are being operated from a home, but the nature of the activity does not fit within the current definitions and regulations for home occupations,” Wesley said.

As a result, there are situations that staff have not been able to address related to their impact on the neighborhood.

Wesley said the changes will provide tools for staff to use in addressing concerns.

In addressing the definition of “dwelling” changes were made to better define underlying use.

“It is not sufficient to just design the structure as a residence to be defined as a dwelling,” Wesley said. “But it also needs to be used as one.”

Another change clarifies that home occupations shall be conducted only by persons who live at the property and in a manner that is clearly incidental to the primary use as a residence.

There shall be no one working at the residence who does not live there.

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