Ongoing discussion continues between town officials and stakeholders in the sign ordinance controversy, and it appears likely that sometime in early fall the Planning and Zoning Commission and Town Council will be looking at revising some parts of an amendment approved by the council in May.

On May 18, the council voted 4-3 to approve a revision to the entire sign regulations in the town’s Zoning Ordinance. June 1, the council voted to delay implementation of those provisions that apply to A-frame, post and board and yard signs. All other aspects of the ordinance are being implemented at this time.

It is those provisions that have the greatest impact on the business community, including real estate and storefront businesses.

The Times made a public records request for email communications to the council and staff for the weeks following the ordinance approval on May 18. Those communications showed a good deal of pushback and discussion on how to proceed.

In a message sent to the council on May 24, from Chamber of Commerce President and CEO Betsy LaVoie, LaVoie stated a “concerned citizen” had obtained a referendum packet from the town and turned it over to the Chamber for possible action.

“(Referendum) is not our intention due to the expense to our town and local taxpayers,” LaVoie stated. “We would like the opportunity to come to a reasonable solution in lieu of the referendum.”

The Chamber began working with the governmental affairs liaison at Scottsdale Area Association of Realtors, concerned residents, concerned non-profit organizations and businesses to support amending the ordinance further.

“I do believe we can work out a collaborative agreement that is acceptable to the Town Council without the need for a referendum and look forward to addressing the data and research for an informed decision moving forward,” the email continued.

This communication took place on May 24. It should be noted that the opportunity to refer the council action of May 18 passed as of June 17.

LaVoie also noted that on May 20 the Chamber launched a petition and survey drive to gather “local data regarding the sign ordinance” from residents and business owners in Fountain Hills. That survey garnered 510 responses and petition signers that included residents, non-profit organizations and church organizations who use temporary signs, according to LaVoie.

On May 18, the mayor and council received an email from Suzanne Brown with the Scottsdale Area Association of Realtors (SAAR). She stated that the association objected to the ordinance provision prohibiting the A-frame, post and board and yard signs within the right-of-way.

“These provisions of the…amendment are overly restrictive, unrealistic in application, creates a hardship for compliance by property owners and agents and would have significant negative impact on the real estate industry,” Brown stated.

Brown said SAAR recommends a provision that expressly permits the display of A-frame or T-frame, post and board, yard and residential directional signs to three feet from the curb or pavement if no curb exists within the public right of way.

They also proposed that the signs be prohibited “on sidewalks, or within the center medians that divide portions of paved or unpaved roadways. Signs must be placed so as to not create a sight visibility problem at the intersection.”

Brown said they believe the three-foot restriction allows enough space so as not to interfere with traffic and provides for visibility.

That proposal was signed by Brown as SAAR director of community and government affairs, and SAAR CEO Rebecca Grossman.

Town Manager Grady Miller said SAAR representatives also made suggestions during an internal meeting with town staff. Those include a limited number of temporary signs for events in the ROW. That would include open house or garage sale events.

Also, limited days or hours for the posting of temporary signs in the ROW.

A hardship clause was also suggested to allow staff to grant temporary signs in locations if private property is not conducive for signs to be seen.

Miller said staff is reviewing these options as well as other ideas.

The council also heard from business owners Dean and Sharon Warner, who operate A to Z Reruns Emporium on Palisades Blvd. It is a section of town where buildings are constructed at “zero” lot lines with a sidewalk in front.

“We are…sandwiched between service businesses which bring clients at appointed times or for specific needs, thus not assisting as a draw for our retail shop’s inventory,” Warner said. “(We) opened with the goal of providing our town with the opportunity to purchase unique, quality, attractive and useful items for home, garden, entertainment for (all) ages, pet supplies, collectibles, gifts and used and new books/videos/CDs.

“We want to keep people shopping in Fountain Hills and even become a destination for Rio Verde and Scottsdale clients.”

The Warners said their wish is to offer convenience and assist the town with a source of tax revenue.

Warner went on to note that traffic on Palisades is generally faster than drivers can notice their location. They do state they receive foot traffic and place an A-frame in the parking lot to the rear directing potential buyers.

“Your new rule to restrict A-frames and signs in the ROW will place a serious burden upon our attempt to make our presence known in our town,” Warner said. “We appreciate your desire to keep Fountain Hills attractive, but the potential for driving yet another business into closure does not seem to be in the best interest of your residents.”

It should be noted that the council was unanimous in agreeing A-frame signs should not be permitted on sidewalks, which leaves no place for an A-frame in front of the business. Other businesses along this stretch of street use signs which project from the building above the walkway, an option that does require an encroachment permit from the town.

Mayor Ginny Dickey responded to Warner.

“I am glad you are here,” Dickey said. “The provisions of the ordinance won’t be damaging to our community in my view.

“We are meeting with realtors and more and…we are working on options for those who find they don’t have private property access to place their signs…

“The idea of our town being unstable and in decline is contrary to all the development, new businesses, activities and cost of housing we are witnessing. Fountain Hills is where I chose to raise my family in 1983, and am still here, along with my siblings, continuing to love our hometown and preserve the unique natural beauty for our residents, visitors and businesses.”

This is the first of a two-part series regarding the ongoing sign discussions. In the July 21 edition Mayor Ginny Dickey and staff respond to criticism of the process.