During a sometimes heated debate at its Oct. 17 meeting the Fountain Hills Town Council voted 4-3 to approve amended sign regulations for the Zoning Ordinance.
The changes have been under …
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During a sometimes heated debate at its Oct. 17 meeting the Fountain Hills Town Council voted 4-3 to approve amended sign regulations for the Zoning Ordinance.
The changes have been under discussion since the beginning of the year when the newly elected council voted to repeal, also 4-3, changes made in 2021.
The focus of the changes was temporary sign use including A-frame and T-frame, post and board (real estate) and yard signs for garage sales or similar residential uses.
The three council members who opposed the changes, Mayor Ginny Dickey, Vice Mayor Sharron Grzybowski and Councilwoman Peggy McMahon, voiced their support for the regulations approved in 2021.
“The previously approved sign ordinance - a unanimous vote that included four of us currently serving - had been in place since 2021 until it was illegally repealed in January by a majority of the new council,” Dickey said in a statement to The Times Independent. “It was an effective law that has worked out fine, allowing businesses, realtors and yard sale residents to place their temporary signs on weekends, but keeping the clutter and antagonistic, divisive signage at bay most of the time.”
Councilman Gerry Friedel said he believes the new rules are a good effort.
“It will take some education,” Friedel said. “Most of the time signs go out when businesses are ready to engage with customers. I believe the majority of the business owners will respect the law.”
Friedel was joined by council members Brenda Kalivianakis, Allen Skillicorn and Hannah Toth in voting to approve the changes.
The new ordinance allows for temporary signs seven days a week from sunrise to sunset. Previously yard signs were limited to weekends and holidays.
“Staff was tasked with checking that all temporary signs in the ROW’s (right of way) were removed on Sunday evenings,” Dickey said. “Now they need to check every night, seven days a week.”
Several speakers for the public hearing on the ordinance indicated opposition to the changes and cited support for the existing rules.
One speaker, Suzanne Brown with the Scottsdale Association of Realtors, said her group supports the new rules.
Town Clerk Linda Mendenhall reported to the council that she had received 18 public comments in writing. Of those, 15 opposed the new ordinance and three were in support.
Staff challenges
In an interview with The Times Independent, Development Services Director John Wesley addressed how staff is preparing to implement the new law when it takes effect on Nov. 16, with a particular interest in enforcement.
There was considerable discussion related to Shea Boulevard where the town has prohibited temporary signs except for political signs as permitted by state statute. Wesley said the temporary signs will now be permitted along Shea, but only where it is adjacent to commercial zoning. That is primarily the area of the Saguaro Boulevard and Shea intersection, as well as near the Fry’s shopping center at Eagle Mountain Parkway. Where Shea is adjacent to residential or open space zoning the signs are still prohibited.
Staff have been preparing for enforcement efforts with training and planning, according to Wesley. He said code enforcement staff currently covers the town six days a week, and scheduling may be added to cover the seventh. Wesley said the key to making this work will be staggering coverage so people will not know exactly when code enforcement will be on the street. The sunrise to sunset window should not be too difficult to deal with through the winter months. When that period stretches to nearly 14 hours it may require some adjustments, according to Wesley.
When signs that are in violation are confiscated, the owners may reach out to the town to get the sign back. Wesley said the owner will be provided with a specific date to pick up the sign and this may take a week or more.
As has been the practice, staff will work with businesses and sign owners when there is a violation, going over the rules and providing suggestions. Citations will be a last resort and relate to uncooperative or repeat violators. Wesley said this has been an effective approach.
“Given that municipalities across the nation cannot regulate signage based on content, the permissiveness of this ordinance goes well beyond assisting businesses and, on the contrary, could hurt our town overall,” Dickey said.
Other changes of note for the ordinance include banner use, which is permitted up to one year from a business opening, provided they remain in good condition. Also, the new ordinance prohibits any new electronic signs.
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