In an Aug. 25 column concerning the Town’s updated sign ordinance and specifically temporary signs for businesses, Fountain Hills Chamber of Commerce President and CEO Betsy LaVoie inaccurately stated that “temporary sign placement was not included in the discussions” at initial meetings. The intent of this column is to set the record straight by demonstrating that the Town Council had in fact previously discussed temporary signs and their placement at Town Council meetings leading up to the adoption of the sign ordinance on May 18, 2021.
In her Aug. 25 column, Ms. LaVoie stated, “… The subsequent meetings and public council meetings from January through April also did not have any red flags or causes for concern regarding temporary signs. The language to disallow temporary signs in right-of-ways was introduced at the May 18, 2021 council meeting, the meeting the new sign ordinance was adopted by a 4-3 vote. This is the reason members of the business community, some members of Planning and Zoning, and the Chamber have been vocal regarding being taken by surprise by the new sign ordinance; this temporary sign placement in right-of-ways was a new addition on May 18, 2021 meeting.”
The ordinance concerning A-frame signs has always had a sunset provision and is not allowed by right. It had to be renewed by Town Council every two years and the last time this occurred was in Dec. 2018. Council would have considered this in Dec. 2020 but, since the entire sign ordinance was being updated, this action was postponed. (Town Council is being requested to once again make a policy decision regarding extending the A-frame sign and banner sunset provisions. The proposed Ordinance #18-10 would extend the expiration date for banners, balloons and pennants to Dec. 31, 2020. – 2018.1218.TCRM.Minutes (az.gov))
Other discussions by the Town Council concerning temporary signs occurred on Jan. 19, 2021, with follow-up discussions on Feb. 16, 2021. At the Feb. 16 meeting, the “Council discussed whether they want to allow for any signs in the rights-of-way.” (Agenda from the 2/16/21 meeting, page 97 AGENDApacket__02-16-21_1034_198.pdf (destinyhosted.com)).
On Apr. 20 of this year, the discussion was specific to right-of-way temporary signs, and based on the discussion in this meeting, it was brought back to the May 18 regular Town Council meeting where the Council voted on the option to allow temporary signs in the ROW, or not to allow. The ordinance was adopted 4-3 to allow temporary signs with no further sunset dates. However, they were not to be placed in the public right-of-way.
Town Council and Planning and Zoning discussions concerning temporary signs and businesses are not new. The Development Services Department has been asked to review and research this topic since at least 2018.
As Ms. LaVoie correctly points out in her column, the 2015 Reed v Town of Gilbert Supreme Court Case regarding content regulation has spurred cities and towns to update their sign ordinances. Development Services Director John Wesley and the Planning and Zoning Commission researched the best practices in sign ordinances that strike a balance in meeting the letter of the law while benefitting businesses in Fountain Hills. The Town Council considered this information and recommendations prior to taking action on the sign ordinance.
The Town of Fountain Hills and the Fountain Hills Chamber of Commerce share the same goals of following the law and helping our Town’s businesses thrive.
