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Hospital zoning approved

Posted 9/14/21

The Town Council had little problem approving an amendment to the zoning ordinance to clarify the zoning in which a hospital facility is permitted, as well as providing a clear definition of a …

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Hospital zoning approved

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The Town Council had little problem approving an amendment to the zoning ordinance to clarify the zoning in which a hospital facility is permitted, as well as providing a clear definition of a “hospital.”

The vote at the Sept. 7 regular council session was unanimous and in agreement with about a dozen members of the public who offered their perspectives.

The amendment allows hospital facilities in all commercial zoning districts; C-2 and C-3 by right and in the C-1 and CC districts with a special use permit allowing for 24-hour operation.

Earlier this year when staff and Planning and Zoning Commission were considering the proposed amendment, there were rumors that some businesses were attempting to bring substance abuse detox and rehab facilities into Fountain Hills by describing them as hospital facilities.

Planning and Zoning asked staff to strengthen the definition of “hospital” in the ordinance to preclude such use.

The new definition describes a hospital as “establishments known and licensed as general medical and surgical hospitals primarily engaged in providing diagnostic and medical treatment (both surgical and nonsurgical) to inpatients with any of a wide variety of medical conditions. These establishments maintain inpatient beds for patients who can stay for more than 24 hours. These establishments usually provide other services, such as outpatient services, anatomical pathology services, diagnostic X-ray services, clinical laboratory services, operating room services for a variety of procedures, and pharmacy services. This definition shall not include, nor a provision for, outpatient nor inpatient services defined or classified under the umbrella of behavioral health including chemical dependency with the exception of emergent, initial point of care treatment typical of an emergency department.”

All parties, including Planning and Zoning commissioners, staff and residents are apparently happy with the new ordinance, and the council agreed.

However, many of the speakers before the council seemed to desire an outright ban of detox and rehab facilities in the community, which is apparently not an option.

A resident activist, Crystal Kavanaugh said she supports the new definition and added, “this is an important step to keep out these facilities. Be proactive in stronger language to keep detox out of Fountain Hills.”

In response to a question from Vice Mayor Alan Magazine, Town Attorney Aaron Arnson said federal law precludes municipalities from outright banning such facilities under the Americans with Disabilities Act.

Development Services Director John Wesley said the town’s code would still need amending to permit such a use, at which point the council would be able to approve or turn it down.

Mayor Ginny Dickey said the amendment is an important step.

“We are trying to get the Zoning Ordinance where it needs to be to meet our responsibility to address what might come forward,” she said.