The Planning and Zoning Commission is recommending the Town Council approve amendments to the Zoning Ordinance that relate to outdoor seating within the right-of-way for restaurants in the downtown area of Fountain Hills.

Senior Planner Farhad Tavassoli told the commission the proposed changes would clarify and provide consistency to separate provisions of the ordinance. He said the sections for the Town Center Commercial District and the Entertainment Overlay District use different language and this amendment would make them consistent.

The existing language of the EOD does allow for seating within the right-of-way and, since the two districts have similar function, it is appropriate the rules are consistent, Tavassoli said.

The language allows the use with a special use permit, which requires application, P&Z review and council approval.

Commissioners asked questions related to how the service of alcohol is handled related to this ordinance. Liquor licensing is a separate process involving the State Liquor Control Board, although town staff does review such applications.

Chairman Peter Gray asked whether the regulations include both temporary and permanent use of the outdoor seating.

Tavassoli said temporary use is generally covered by special event permits under a separate ordinance.

Gray also asked whether the process provides for allowing the town to take back the seating areas after relinquishing access, in the event it becomes necessary.

Tavassoli said that would require additional research but could be clarified through the SUP encroachment process.

Gray said they want to be sure the process is fair to the stakeholders holding the permit.

The council is scheduled to hold a hearing and take up consideration of the amendment at its Tuesday, Oct. 19, regular session.