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Sign Ordinance: Changes delayed as work continues

Posted 6/22/21

Town officials have outlined the next steps that will be taken in regard to the sign regulations approved by the Town Council in May at the June 15 council meeting. Along with that, the council voted …

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Sign Ordinance: Changes delayed as work continues

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Town officials have outlined the next steps that will be taken in regard to the sign regulations approved by the Town Council in May at the June 15 council meeting. Along with that, the council voted unanimously to delay implementation of the temporary sign regulations.

“Staff believes that delaying implementation of the temporary sign regulations is a positive action to take at this time,” Town Manager Grady Miller stated in a report to the council. “During the time period of the delay, staff will work on possible temporary sign ordinance amendments that provide balance in regulating such signs.”

The council received considerable criticism from businesses and some residents after passing the revised regulations in May. Miller said since that action, staff has met with Chamber of Commerce representatives as well as the Scottsdale Realtors Association regarding their concerns about the regulations.

Councilman Alan Magazine, who voted in favor of the revisions in May, said he believes some reasonable changes may be in order.

“I think it is worth the delay to work out the issues,” Magazine said.

Councilman Mike Scharnow said he was disappointed in the negative reaction that was received after the vote, particularly the name-calling.

“We are interested in seeing compromises,” Scharnow said. “This was not done in the dark.

“We are open to suggestions, but don’t want to go back to the way it was.”

“I applaud the backlash,” Vice Mayor David Spelich said. “It was well deserved. I thank the business community and the chamber for stepping forward.”

Spelich voted against the motion to approve in May, as did Councilwoman Sharron Grzybowski.

“I like that people spoke up, but did not like the name-calling,” Grzybowski said. “People need to take the responsibility to learn about our discussions that interest them. Our agendas are posted.”

Mayor Ginny Dickey noted that this revision has been in the works for four years. Staff began working on the ordinance update to assure compliance with a US Supreme Court decision in the case of Reed v. Gilbert (Ariz.), which prohibits the regulation of signs based on content. Staff determined it would be best to go over the entire ordinance to make sure all aspects of the regulations comply with the court decision.

“We knew from the beginning this was going to have some impact,” Dickey said. “It has been our intention all along to help.” She added that no one wants to hurt businesses.

At the May 18 council session, the vote on the sign regulations was to replace the entire section of the Zoning Ordinance related to signs. It is only the rules for A-frame, post and board and yard signs that are being delayed. All other sections of the new regulations took effect on June 17.

The Planning and Zoning Commission voted to recommend the revisions in May 2020 after the council had voted in December of 2019 to postpone consideration of the changes until staff had a chance for a complete review. Staff presented proposed changes for council discussion in January 2021 and several other times prior to the May vote.

Miller said staff will spend the summer continuing to work with the Chamber and listen to comments from businesses. Development Services Director John Wesley said any proposed changes would likely be ready for P&Z consideration and a hearing in September, with council hearing and consideration in October.

Placement

The council had asked that temporary signs be prohibited in the town right-of-way due to potential safety and liability concerns. That is a provision that sparked the most controversy.

During the presentation to the council last week, Wesley went over mapping that defined areas where temporary A-frame and post and board signs would be permitted, specifically looking at commercial corridors where businesses are located.

The maps indicate mostly adequate space for A-frame signs surrounding the commercial areas. In many cases existing placement is acceptable, in others signs need to be moved only a short distance to be outside the right-of-way, according to Wesley.

However, there are portions within the downtown Plat 208 where the use of A-frame signs would be restricted. That plat uses “0” lot lines leaving no room between the buildings and sidewalks, which abut the right-of-way. This includes the intersection around Parkview Avenue and La Montana Drive as well as Palisades east from La Montana.

These are the situations staff will try to address with revisions. Miller said an option might be to allow wall signs that encroach out from the building.