The Town Council has approved an amendment to the Zoning Ordinance that removes specific designations for allowable flags flown in the community.

The current ordinance does provide for exceptions to height limitations on some structures including church spires, water tanks, noncommercial radio antennas, solar heating apparatus, chimneys as well as flagpoles.

The current rules specify the American Flag, Arizona State Flag and/or Town of Fountain Hills flag. The new provision removes the language that specifies the type of flag that can be flown.

Staff considered this language as content specific and made the change in be consistent with sign ordinance changes related to the Reed v Gilbert U.S. Supreme Court decision.

The approved language states: “In any zoning district, one flagpole per lot so located and constructed that if it should collapse, it’s reclining length would be contained on the property on which it was constructed. In any commercial or industrial zoning district, one flagpole may be located per lot in a required front or street yard setback as long as the flagpole does not exceed the building height permitted in the underlying zoning district.”

The vote was 7-0 to approve the change.