The Planning and Zoning Commission has voted to recommend the Town Council approve a Zoning Ordinance amendment that would permit kitchens within guest houses or accessory buildings in single family zoning districts in Fountain Hills.

The current ordinance prohibits such amenities and the council has expressed a desire to address the issue for several years.

In his staff report to the commission, Development Services Director John Wesley stated, “The primary concern with allowing kitchens in guest houses is that it may result in the creation of duplexes – two homes on one lot.

“The ordinance further prohibits de facto duplexes in single residence zoning districts through the definition of a guest house (includes the statement ‘such quarters shall not be rented and/or otherwise used for income producing purposes.’)

“(Additionally the ordinance) states guest houses ‘shall not be used for any commercial or non-residential uses.’”

Wesley said staff found in its research that ordinances in 10 other communities have provisions that allow for these uses. He stated that definitions are key to how the ordinance may read. Wesley proposed that a “dwelling unit” should be defined as, “A room or suite of rooms including permanent provisions for living, sleeping, eating, sanitation and cooking and designed or occupied as separate living quarters.”

The current definition of “guest house” in the ordinance would not change. It reads, “Living or sleeping quarters within an accessory building for the sole use of occupants of the premises, guests of such occupants or persons employed on the premises. The accessory building may be attached or detached from the main building. Such quarters shall not be rented, and/or otherwise used for income producing purposes.”

The new provisions would address key concerns in that kitchens are no longer prohibited; the use of 220 power is no longer prohibited; and an additional parking space is required if the structure is used as a guest house.

The ordinance would also include an illustration showing that if the guest house is in front of the front plane of the house it can be no farther from the front of the house than one-half the depth of the guest house.