Businesses that use A-frame signs or banners will have three more years to use the signs without worrying whether the Town Council will pull the plug on their use.
The council eventually voted 6-0 at its Dec. 17 session to extend the sunset on the sign regulations for an additional three years, rather than revisit the issue on an annual basis.
There was an effort led by Councilman Cecil Yates to remove the sunset altogether, which would have allowed the use of the signs without periodic review. Mayor Linda Kavanagh agreed with that position.
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Council gives A-frame signs three-year extension
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Businesses that use A-frame signs or banners will have three more years to use the signs without worrying whether the Town Council will pull the plug on their use.
The council eventually voted 6-0 at its Dec. 17 session to extend the sunset on the sign regulations for an additional three years, rather than revisit the issue on an annual basis.
There was an effort led by Councilman Cecil Yates to remove the sunset altogether, which would have allowed the use of the signs without periodic review. Mayor Linda Kavanagh agreed with that position.
Kavanagh said the A-frame signs are a valuable asset to the businesses, but they are also expensive.
She said business owners should have assurance that they could make an investment in such a sign without worrying about a council rejection of the sunset clause down the road – wasting their money.
Vice Mayor Henry Leger said a rationale for setting up the process was to allow the council to monitor compliance and have an annual review.
“I hear staff say they think the situation is manageable and I would agree,” Leger said. “I would support a longer sunset term, two to four years.”
Councilman Dennis Brown said the council should remember one reason for the sunset clause in the first place and not be too quick to remove it.
“When we removed the ban the streets began to fill with the signs, and it was difficult to get under control,” Brown said. “I would agree maybe with a three- or four-year span, but I don’t think you should give up the authority, or you will lose it completely per Proposition 207.”
Town Attorney Andrew McGuire explained that Prop 207 was passed by voters several years ago and essentially reduces the ability of a municipality to have any control over something that can be claimed as a property right.
“A sunset caps the ability of the owner to claim rights,” McGuire said.
It allows the council to periodically review the status of compliance and determine whether the right to the sign use should be removed.
Without the sunset the council would have no recourse for managing the use of the signs.
Yates said he would not argue with the legal position and made a motion to use a five-year sunset term. Leger immediately moved for an amendment to three years, but his motion failed on a 3-3 vote.
The vote on Yates’ original motion also failed 3-3.
With the regulations set to expire on Dec. 31, the council needed to take some action. Yates relented and said in the spirit of the holiday season he would agree to the three-year term. A second vote on that passed 6-0. Councilwoman Cassie Hansen was absent.
The A-frame and banner rules are now set to expire as of Dec. 31, 2018.
The Fountain Hills Chamber of Commerce is hosting an A-frame and banner seminar at the board room in the Chamber office on Tuesday, Jan. 26.
Town Code Enforcement Officer Roy Jaffe will be the speaker and will talk about the rules and regulations related to the use of the signs.
Registration is required and the meeting will be held from 9 to 10 a.m. at the Chamber office at Verde River Drive and Palisades Boulevard.
The seminar is open to all Fountain Hills businesses whether they are Chamber members or not.
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