HomeMy WebLinkAbout2021.0518.TCRM.Agenda.Packet
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
Mayor Ginny Dickey
Vice Mayor David Spelich
Councilmember Gerry Friedel
Councilmember Sharron Grzybowski
Councilmember Alan Magazine
Councilmember Peggy McMahon
Councilmember Mike Scharnow
TIME:5:30 P.M. – REGULAR MEETING
WHEN:TUESDAY, MAY 18, 2021
WHERE:
FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone
conference call; a quorum of the Town’s various Commission, Committee or Board members
may be in attendance at the Council meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory
exceptions, parents have a right to consent before the State or any of its political subdivisions
make a video or audio recording of a minor child. Meetings of the Town Council are audio
and/or video recorded and, as a result, proceedings in which children are present may be
subject to such recording. Parents, in order to exercise their rights may either file written
consent with the Town Clerk to such recording, or take personal action to ensure that their
child or children are not present when a recording may be made. If a child is present at the
time a recording is made, the Town will assume that the rights afforded parents pursuant to
A.R.S. §1-602.A.9 have been waived.
REQUEST TO COMMENT
The public is welcome to participate in Council meetings.
TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the
back of the Council Chambers, and hand it to the Town Clerk prior to discussion of that item, if possible. Include
the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address
the Council. Verbal comments should be directed through the Presiding Officer and not to individual
Councilmembers.
TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to
Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and
agenda item, and hand it to the Town Clerk prior to discussion, if possible.
TO COMMENT IN WRITING ONLINE: Please feel free to provide your comments by visiting
https://www.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM
on the day of the meeting. These comments will be shared with the Town Council.
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at
this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice
and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.
§38-431.03(A)(3).
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Dickey
2.MOMENT OF SILENCE
3.ROLL CALL – Mayor Dickey
4.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
5.SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A.PRESENTATION of MAG (Maricopa Association of Governments) Homelessness Efforts.
6.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during
Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of
the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter,
or (iii) ask that the matter be placed on a future Council agenda.
7.REGULAR AGENDA
A.CONSIDERATION OF the annual report on the implementation of the General Plan.
B.PUBLIC HEARING AND CONSIDERATION OF Resolution 2021-02, declaring the 2021 Sign
Ordinance a public record, and adoption of Ordinance 21-09 amending Section 1.12 of the
Zoning Ordinance to remove definitions of signs and repealing Chapter 6, Sign Regulations
in the Zoning Ordinance and replacing it with a new Chapter 6, Sign Regulations.
C.HOLD A PUBLIC HEARING AND CONSIDER Ordinance 21-00 amending Section 5.07 B. of the
Zoning Ordinance as it pertains to the types of flags on flagpoles exempt from height
requirements.
Town Council Regular Meeting of May 18, 2021 2 of 4
D.CONSIDERATION OF approving the Cooperative Purchasing Agreement 2021-052 with
Climatec, LLC for replacing Fire Alarm Control Panels in the Community Center, Library, and
Museum.
E.CONSIDERATION OF Resolution 2021-12 Decommissioning and Removing Town-Owned
Artwork from Public Display.
F.DISCUSSION WITH POSSIBLE CONSIDERATION relating to any item included in the League
of Arizona Cities and Towns’ weekly Legislative Bulletin(s) or relating to any action proposed
or pending before the State Legislature.
G.DISCUSSION WITH POSSIBLE DIRECTION regarding proposed policy ideas submitted to the
Arizona League of Cities and Towns for consideration by the Resolutions Committee.
8.COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action,
or (ii) directing staff to conduct further research and report back to the Council.
9.ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Town Council with the Town Clerk.
Dated this ______ day of ____________________, 2021.
_____________________________________________
Elizabeth A. Burke, MMC, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice)
Town Council Regular Meeting of May 18, 2021 3 of 4
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice)
or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available
for review in the Clerk's Office.
Town Council Regular Meeting of May 18, 2021 4 of 4
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/18/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF the annual
report on the implementation of the General Plan.
Staff Summary (Background)
Arizona Revised Statutes Section 9-461.07 A. 2. states that after the municipal legislative body has
adopted a General Plan, the community’s planning agency shall render an annual report to the
legislative body on the status of the plan and progress in its application. The Town is in a unique
position this year by virtue of having just adopted a new general plan.
There were no specific requirements under the 2010 General Plan regarding an annual report. The
newly adopted Fountain Hills General Plan 2020 includes the following statement:
"Each year, the Fountain Hills Development Services Department must prepare, and the Fountain
Hills Planning & Zoning Commission must review and submit to the Town Council an annual report
on the status of the General Plan progress. The report must include, but not be limited to, the
following:
A summary of General Plan amendments processed during the preceding year and those pending
review, including General Plan amendments initiated by Town Council.
A report on the progress and status of implementation actions enumerated in the General Plan
Implementation Strategy.
A review of policy issues which may have arisen regarding provisions of the General Plan.
A recommendation for General Plan amendments to be initiated to maintain an effective,
up-to-date General Plan including: policy changes, clarifications, and new policy development;
changes in character area; and other applicable changes. The recommendation may also include
suggestions to change implementation actions priorities, as Town’s priorities shift, as well as
General Plan amendments, if any, to be included in the work program for the following fiscal year."
Attached is the annual report for 2020. The attached report includes a brief summary of the final
actions taken under the previous Plan, actions taken to adopt the new Plan, and an overview of the
implementation provisions of the 2020 General Plan.
Related Ordinance, Policy or Guiding Principle
Fountain Hills General Plan 2010
Fountain Hills General Plan 2020
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission reviewed the annual report at its regular meeting on April 12,
2021. There were no comments or adjustments from the Commission and it recommended Town
Council acceptance of the report.
Staff Recommendation(s)
Staff recommends acceptance and filing of the attached Annual General Plan Report for 2020.
SUGGESTED MOTION
MOVE to accept and file the 2020 General Plan Annual Report.
Attachments
2020 Annual Report
Form Review
Inbox Reviewed By Date
Town Attorney Aaron D. Arnson 05/03/2021 08:48 AM
Town Manager Grady E. Miller 05/10/2021 10:21 AM
Development Services Director (Originator)John Wesley 05/10/2021 01:41 PM
Form Started By: John Wesley Started On: 04/15/2021 11:52 AM
Final Approval Date: 05/10/2021
Fountain Hills
General Plan
Annual Report 2020
Background and Purpose
Arizona Revised Statutes Section 9-461.07 A. 2. states that after the municipal legislative body has
adopted a general plan, the community’s planning agency shall render an annual report to the legislative
body on the status of the plan and progress in its application.
The Town of Fountain Hills has adopted and implementing general plans in accordance with state
statutes since 2002. The Fountain Hills General Plan 2010 was adopted by the Council January 7, 2010
and was the guiding document for the Town until the voters ratified the 2020 General Plan on
November 3, 2020. This annual report covers efforts to continue the application of the 2010 General
Plan, the adoption of the 2020 General Plan, and the efforts underway to begin implementation of the
2020 General Plan.
Fountain Hills General Plan 2010
The 2010 General Plan has served the Town very well over the last 10 years. The Plan included elements
addressing the topics of Land Use, Growth Areas, Cost of Development, Open Space, Circulation, Water
Resources, and Environmental Planning. Each of these elements included a vision, goals, and policies.
The goals and policies were used over the years to guide staff and the Council in making decisions about
the growth and development of the Town.
In 2020 the 2010 General Plan played a key role in the review and evaluation of several key
development projects. These included the Daybreak project at Palisades and Shea, the Keystone project
at La Montana and Avenue of the Fountains, and the hospital at Trevino and Saguaro.
Adoption of 2020 General Plan
State statutes require local governments to readopt a general plan every 10 years. Therefore, it was
necessary to begin in 2018 to consider an update to the existing Plan for adoption in 2020. Work on the
new Plan included significant input from the citizens, staff, Planning and Zoning Commission, and Town
Council.
The Fountain Hills General Plan 2020 was significantly reformatted and revised compared to the
previous general plans for the Town. This plan shifted the focus from growing a developing town to
maintaining and redeveloping a maturing community consistent with its historic roots.
A first draft of the complete General Plan 2020 was available for review at the end of 2019. In early
2020 staff, the Planning and Zoning Commission, the Stakeholder Advisory Committee, and citizens
reviewed and provided comments on the draft plan. The Town also fulfilled the state statute required
60-day review process by sending the Plan to multiple local and state reviewing bodies for their
comments.
A final version of the General Plan 2020 was recommended for approval by the Planning and Zoning
Commission in April and was approved by the Town Council in May, 2020.
Fountain Hills General Plan 2020
The Fountain Hills General Plan 2020 was adopted by Council on May 19, 2020 and rati fied by the voters
on November 3, 2020. The Plan did not become official for use by staff and the Town until it was ratified
by the voters, therefore, little actual implementation was done during 2020.
Page 124 of the 2020 Plan includes direction regarding the annual report. It states:
Each year, the Fountain Hills Development Services Department must prepare, and the
Fountain Hills Planning & Zoning Commission must review and submit to the Town Council
an annual report on the status of the General Plan progress. The report must include, but not
be limited to, the following:
1. A summary of General Plan amendments processed during the preceding year and
those pending review, including General Plan amendments initiated by Town
Council.
2. A report on the progress and status of implementation actions enumerated in the
General Plan Implementation Strategy.
3. A review of policy issues which may have arisen regarding provisions of the General
Plan.
4. A recommendation for General Plan amendments to be initiated to maintain an
effective, up-to-date General Plan including: policy changes, clarifications, and new
policy development; changes in character area; and other applicable changes. The
recommendation may also include suggestions to change implementation actions
priorities, as Town’s priorities shift, as well as General Plan amendments, if any, to
be included in the work program for the following fiscal year.
Following is a review of each of the items listed above.
1. There was one General Plan Amendment processed in 2020 under the previous general plan.
This amendment was in conjunction with the Daybreak project on Palisades and was ultimately
rejected by the voters.
2. Section V of the General Plan includes the administration and implementation provisions with
the Plan. Part 2 of this Section includes 20 pages of implementation actions that comprise the
General Plan Implementation Strategy. These action items are related to the goals and policies
contained in the body of the Plan and include a lead department and priority for each item.
In preparation for the ongoing implementation of these action items, staff has divided out the
action items by the responsible department and held a meeting to review these items. Each
department is setting up a program to monitor and report on their ongoing efforts to address
their action items. Future annual reports will provide an update on these items as well as make
recommendations for any adjustments that may be needed.
3. No policy issues have arisen at this time regarding provisions of the General Plan.
4. No revisions are being recommended at this time to the General Plan.
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/18/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): PUBLIC HEARING AND
CONSIDERATION OF Resolution 2021-02, declaring the 2021 Sign Ordinance a public record, and
adoption of Ordinance 21-09 amending Section 1.12 of the Zoning Ordinance to remove definitions of
signs and repealing Chapter 6, Sign Regulations in the Zoning Ordinance and replacing it with a new
Chapter 6, Sign Regulations.
Staff Summary (background)
In 2015 the U.S. Supreme Court in a case known as Reed v. Town of Gilbert ruled that sign ordinances
generally cannot regulate signs based on content. An example of this is allowing A-frame signs in certain
locations based on the message of the sign but prohibiting the same sign if the message changes to one
that is not allowed. The vast majority of cities and towns in the country with sign regulations have been
forced to update their sign ordinances to comply with this court decision.
Chapter 6 of the Zoning Ordinance establishes the rules and requirements associated with signage in
the Town of Fountain Hills. The current sign ordinance contains regulations which are based on
content. Therefore, an update to the sign ordinance is necessary.
To create the revised ordinance staff reviewed ordinances from other Valley cities that have completed
their updates, held an internal meeting to consider what revisions are needed, and met with a group of
stakeholders for their input on the current ordinance. The staff and stakeholder groups have reviewed
and provided comments on a draft of the new ordinance language. The draft ordinance was presented
to the Planning and Zoning Commission in May 2020 for its review and recommendation. The
Commission has recommended approval of the draft ordinance.
Staff has held three review sessions with the Town Council to receive their input and direction on the
draft ordinance. Staff has amended the ordinance to follow the direction given by Council.
The revised ordinance updates the entire chapter of the Zoning Ordinance. Initially staff was attempting
to keep the regulations in the ordinance as similar to the existing ordinance as possible, just amending
what was needed to remove content based signs. With the direction of the Council additional changes
are now included with further modify the existing regulations and standards.
Ordinance Overview
Section 6.01 Introduction. This section establishes the Findings and Purpose for the ordinance,
sets the Applicability standards; provides for Repeal and Severability; and provides other
miscellaneous introductory information.
Section 6.02 Definitions. This section provides definitions for the terms used in the sign
ordinance. This section is moved from Section1.12 of the Zoning Ordinance and has been updated
to reflect the new sign types. Pictures have been added to assist with clarity and enforcement.
Section 6.03 Building Permits; Fees. This section establishes the requirements for obtaining a
permit for erecting a sign. This section is largely unchanged from the current ordinance.
Section 6.04 Violations and Penalty. This section provides the standards for what is a violation of
the ordinance, classifies violations as civil, and sets the fines associated with violations. The fines
are being increased in this new ordinance compared to the current ordinance. This was Sections
6.04 and 6.05 in the current ordinance.
Section 6.05 Enforcement and Remedies. This section describes the enforcement options and
processes. This was Section 6.06 and is largely unchanged.
Section 6.06 Sign Plans. This is a new section that combines some elements from the current
ordinance. This section establishes procedures for filing and reviewing sign plans for coordinated
sign design in larger developments. It also for increases in sign area and size for high quality sign
design.
Section 6.07 General Regulations. This section sets out general regulations for all signs including
the topics of Maintenance; Locations, Prohibited Locations; Sign Area; Non-conforming signs;
Standards of Measurement; Prohibited Signs; Illumination; and, Design Guidelines and Standards.
Most of this section is the same as the current ordinance but has been re-organized with
subheadings for greater clarity. The Design Guidelines section is new and seeks to help improve
the quality of signage.
Section 6.08 Sign Requirements and Allowances. This section provides information on each of the
allowed sign types including what zoning districts/uses allows the sign type, size/height, number,
location and miscellaneous requirements. This section is the most changed in the ordinance in
response to the requirement of the Reed decision.
Modifications to Draft Ordinance
The Planning and Zoning Commission reviewed the draft ordinance in early 2020 and held a
public hearing before making a recommendation to approve the draft ordinance. The Town
Council has reviewed the ordinance as recommended by the P&Z Commission at three Council
meeting and provided staff with comments and direction for changes. In addition to the Council
directed changes, staff has identified minor, typographical corrections to be made to the draft
ordinance. Attached is a strike through copy of the draft ordinance with the significant staff
identified corrections and the modifications directed by the Council. The significant changes
include:
Section 6.02 amended the definitions of
A-frame and Temporary sign definition to make them more specific
Banner and Flag to provide a clearer distinction between these two similar sign types
Residential Directional sign to remove redundant material and focus the definition.
Section 6.03 B. to provide for permits for banner signs.
Section 6.07 B. 2. m. and 6.08 D. 4. b. to remove the exemption for signs in the Shea Boulevard
right-of-way.
In Section 6.08 A. 1. d. iii. 4; A. 12. d; and, A. 17. d. two choices are provided. One choice is to
require these temporary signs be placed either outside of the right or way, the other choice is for
signs to be located at least 15 feet behind the curb or edge of pavement. These choices are
explained below.
Section 6.08 A. 1. e. i. to remove the separation standard for A-frames with balloons attached.
Section 6.08 A 1. e. ii., and D. 3. and 4.a. to remove time limitations on the placement of
temporary signs.
Section 6.08 A. 4. e. i. to require a permit for banner signs.
Section 6.08 A 7. to adjust the allowance for flags including reducing the maximum size in a
residential area and allowing for limited display on the side of a building.
Section 6.08 B. adjusting the allowance for Electronic Message Centers to provide for transitions,
clarify the nighttime allowance, revising the maximum nighttime luminance level to 100 nits, and
add flexibility to the method for measuring compliance.
Temporary Signs in the Right-of-Way
One of the adjustments listed above that was requested by Council was to not allow temporary signs
(A-frames, Post and Board, and Yard signs) in the public right of way. In most cases around town the
area between the back of curb and the right of way line is between 10 and 12 feet. Sometimes it is a
little more, in some cases it is less. If the ordinance requirement is that no temporary signs are allowed
in the right-of-way, it will allow the signs to be placed as close to or far from the street as the specific
situation allows. In some cases this could be as little as five to six feet, in other cases it will be 15' - 20'.
In some communities, such as Tempe, enforcing a prohibition on signs in the right-of-way is relatively
easy. This is because the streets are mostly flat and straight and they have light poles placed along the
street at the edge of the right-of-way. A code officer can easily look at a sign compared to those other
objects and see if it meets code or not. In our community it is often challenging to know exactly where
the right-of-way is because there are no easy reference points. Code enforcement officers could spend
a lot of time determining where the right-of-way is on a specific property. On a busy weekend with
numerous garage sales or open houses, it could be very challenging to address all of the signs.
To address this obstacle, staff has included a second option in the ordinance, The option is to specify a
minimum distance from the curb for temporary signs. Staff has suggested 15 feet, but this could be
reduced to 12 feet. In most cases this will put the signs at least a few feet behind the right-o-way,
although in some cases the signs could still be in the right-of-way. This will, however, provide a uniform
placement for these signs and greatly simplify enforcement.
Please note, there is a separate provision in the ordinance which prohibits temporary signs in the Shea
Boulevard right-of-way.
Before making a motion on the ordinance, Council will need to specify which approach they wish to take
on this issue.
Related Ordinance, Policy or Guiding Principle
Existing Zoning Ordinance, Chapter 6 Sign Regulations
Risk Analysis
The United States Supreme Court has ruled content based sign ordinances to be unconstitutional. The
current ordinance has several provisions which could be considered content based. The proposed
ordinance address these issues and brings the sign ordinance into conformance with the Supreme Court
ruling. Not approving the proposed ordinance would leave the Town of Fountain Hills subject to
possible litigation if the regulations were enforced contrary to the Supreme Court's decision.
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission reviewed the draft ordinance and recommended approval.
Staff Recommendation(s)
Staff recommends adoption of Resolution 2021-02, 2021, Sign Ordinance, and Ordinance 21-09, subject
to Town Council direction on the approach to address temporary signs in the right-of-way.
SUGGESTED MOTION
MOVE to adopt Resolution 2021-02 and Ordinance 21-09.
Attachments
Strikethrough Ordinance
Res 2021-02
Ord 21-09
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Klein 05/10/2021 01:40 PM
Development Services Director (Originator)John Wesley 05/10/2021 01:41 PM
Town Attorney Aaron D. Arnson 05/10/2021 02:06 PM
Town Manager Grady E. Miller 05/10/2021 05:19 PM
Form Started By: John Wesley Started On: 04/29/2021 03:54 PM
Final Approval Date: 05/10/2021
Town of Fountain Hills Zoning Ordinance
Public Hearing Sign Ordinance May 18, 2021
Chapter 6
SIGN REGULATIONS
Sections:
6.01 Introduction
6.02 Definitions
6.03 Building Permits; Fees
6.04 Violations and Penalty
6.05 Enforcement and Remedies
6.06 Sign Plans
6.07 General Regulations
6.08 Sign Requirements and Allowances
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Final Sign Ordinance May 18, 2021
Section 6.01 Introduction
The regulations set forth in this Chapter are intended to encourage attractive
signage for businesses and services, optimize the availability of information,
and promote the general welfare by creating a more aesthetically appealing
community.
A. Findings and Purpose
1. Findings. Signs can obstruct views, distract motorists, obstruct
pedestrians or vehicular traffic flow, create safety hazards, create
aesthetic blight and visual clutter, and pose other problems that
legitimately call for regulation.
2. Purpose. The purpose of this Sign Ordinance is to regulate the
size, illumination, movement or appearance of movement,
materials, location, height, and condition of all signs, as defined
herein, and to allow and promote sign communication in a
manner that:
a. Preserves and protects public health, safety, and welfare
within the Town of Fountain Hills;
b. Assures the use of a variety of sign forms designed to be
sensitive to the context of the location, as a reasonable
method of visual communication between groups and
individuals;
c. Enhances the flow of traffic and the convenience, ease, and
enjoyment of travel within the Town of Fountain Hills;
d. Restricts circumstances that otherwise may result in injury
or damage because of distractions, or obstructions of vision
attributable to sign placement or size, or to the illumination
of signs that may become a source of undue glare,
distraction, or light pollution;
e. Avoids visual clutter that may contribute to traffic accidents
or be harmful to vehicular traffic or pedestrian safety;
f. Promotes the aesthetic and environmental values of the
community by providing for signs that do not impair dark
skies, property values, business opportunities, community
appearance, or the attractiveness of the Town as a place to
visit, live, work, and shop;
g. Allows signs that are appropriate in scale to the zoning
district in which they are located;
h. Provides for signs as an effective channel of communication,
while ensuring that sign forms are aesthetically designed
and proportioned in relation to adjacent structures on the
same lot or development site, and that are compatible with
their surroundings;
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Final Sign Ordinance May 18, 2021
i. Promotes the effectiveness of signs by preventing their
overconcentration, improper placement, deterioration, and
excessive size and number; and,
j. Supports and enhances commerce within the Town.
B. Applicability
1. Subject of this Sign Ordinance. All signs as defined in this Sign
Ordinance are subject to the provisions of this Sign Ordinance as
it pertains to:
a. The allowance of signs (principally the number, form,
material, size, and structure of signs);
b. The review and consideration of sign plans and permits;
c. The entitlement and issuance of permits;
d. The location and placement of signs on all buildings,
structures, and land;
e. The integration of the design of signs with associated
building architecture; and,
f. The maintenance of signs.
2. The provisions of this Sign Ordinance do not apply to the
following:
a. Address numbers as required by the Fire Code;
b. Government signs;
c. Traffic control signs, markings, devices;
d. Signs authorized or required by Arizona Revised Statutes;
e. Public transportation signs; and,
f. Signs specified as mandatory by any provision of the
Fountain Hills Town Code.
3. Most Restrictive Provision Applies. Except when otherwise
authorized by a Special Use Permit, Temporary Use Permit, or
Variance, the most restrictive provision shall prevail in cases in
which two or more provisions of this Sign Ordinance appear to
conflict.
4. Controlling Document. This Sign Ordinance is not intended to
repeal, abrogate, annul, or in any way impair or interfere with
other Town provisions, allowances, or ordinances, except those
specifically repealed by this Sign Ordinance. Where this Sign
Ordinance imposes a greater restriction on a sign than is imposed
or required by other Fountain Hills Town Codes, provisions,
allowances, or ordinances, the provisions of this Sign Ordinance
control.
5. Definitions Used. Definitions for specific terms used in this Sign
Ordinance are principally found in Section 6.02 of this Sign
Ordinance. Additional definitions are also provided in Chapter 1
of the Zoning Ordinance and in the Fountain Hills Town Code.
Definitions not included in this Sign Ordinance, the Zoning
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Final Sign Ordinance May 18, 2021
Ordinance, or the Town Code should be given their plain and
ordinary meaning where possible.
6. Effect on Previously Approved Sign Permits and Comprehensive
Sign Plans. All sign permits and comprehensive sign plans
approved and in effect prior to the effective date of this Sign
Ordinance shall remain in effect. Signs authorized by such
comprehensive sign plans shall be developed in accordance with
the standards specified by that sign plan and any applicable
conditions or stipulations associated with the approval of that sign
plan. The development standards and requirements of this Sign
Ordinance apply if not specifically modified by the applicable
adopted sign plan. The Zoning Administrator may approve minor
modifications to approved plans regarding design, height,
number, or sign area that do not exceed the maximum(s) allowed
by this Sign Ordinance.
C. Repeal and Severability
1. If any section, subsection, paragraph, sentence, clause, or phrase
of this Sign Ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Sign Ordinance. The Town of Fountain
Hills hereby declares that it would have passed this Sign
Ordinance, and each section, subsection, sentence, clause, and
phrase thereof, regardless whether any or one or more sections,
subsections, sentences, clauses, or phrases be declared invalid or
unconstitutional.
2. Effect on Previous Proceedings. Nothing contained in this Sign
Ordinance affects rights and duties that matured, penalties that
were incurred, and proceedings that began before its effective
date, notwithstanding the provisions of subsection C. 1. of this
Section.
D. Consent of Property Owner Required. Unless otherwise permitted, no
person shall construct, place, display, or maintain any sign without the
written consent of the property owner, the property owner’s agent, or
an authorized representative.
E. Noncommercial Message Substitutions Allowed. Notwithstanding any
other provisions of this Sign Ordinance to the contrary, any
noncommercial message may be substituted for the message placed on
any sign permitted by this Sign Ordinance.
F. Responsible Party
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Final Sign Ordinance May 18, 2021
1. Posting Sign. The person, group, or organization directing the
posting, installation, or erection of a sign is responsible for
assuring the compliance of the sign with the requirements of this
Sign Ordinance. This includes the placement, removal,
maintenance, replacement, or alteration of the sign, as may be
applicable.
2. Owner or Occupant. If the person directing the posting,
installation, or erection of the sign does not remove, maintain,
replace, or alter the sign in accordance with the requirements of
this Sign Ordinance, then the property owner or occupant of the
building where the sign is posted is responsible for either replacing
the sign with a sign that complies with this Sign Ordinance or
removing the sign.
Section 6.02 Definitions
A-frame or T-frame: A self-supporting, temporary, lightweight, portable sign
made of durable, non-pliant material such as wood, sheet metal, or plastic or
other lightweight, rigid material that is designed to rest atop the ground
without penetrating the ground.
Awning or Canopy: A permanent sign that is applied to, placed on, affixed to,
or painted on an awning or canopy.
Balloon: A temporary sign professionally made from a bag or similar flexible,
non-rigid enclosure that holds gas or air and is attached by a tether to a fixed
place.
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Final Sign Ordinance May 18, 2021
Banner Sign: A temporary sign made of canvas, plastic, vinyl, or other pliable
material attached to a wall, frame, stakes, or other support structure by at
least the four corners of the banner.
Building wall sign: A permanent sign mounted flat against or painted on the
wall of a building with the exposed face of the sign in a plane parallel to the
face of the wall.
Drive-through Sign: A permanent, freestanding sign adjacent to a drive-
through, typically placed in or near an area where orders are taken from
occupants of a vehicle.
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Final Sign Ordinance May 18, 2021
Electronic Message Centers: A permanent sign that is capable of displaying
alternating, variable, or changeable copy that is electronically changed by
remote or automatic means.
Feather or Flag Banner: A temporary sign made of fabric or vinyl attached to
a pole on one side.
Flag: A fabric sheet of square, rectangular, or triangular shape that is
designed to be mounted by a cable or rope to a pole at one end.
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Final Sign Ordinance May 18, 2021
Freestanding Wall/Fence Sign: A permanent sign that is applied to, placed on,
affixed to, or painted on a wall or fence that is not part of the building(s) on
the property.
Hanging or Under-Canopy Sign: A permanent sign suspended from and
located entirely under a covered porch, covered walkway, awning, or canopy.
Monument Sign: A permanent sign mounted on or incorporated into a solid,
self-supporting base that is not part of a building or wall.
Off-site Sign: A sign portraying information or directing attention to a
business, activity, commodity, service, product, or event that is not
conducted, sold, or offered on the premises upon which the sign is located.
Includes signs commonly referred to as “Billboards.”
On-site Directional: A small permanent sign located adjacent to a driveway
or drive aisle.
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Final Sign Ordinance May 18, 2021
Post and Board Sign: A temporary sign constructed of plywood, sheet metal,
thick plastic, or similar material attached to one or two posts fixed in the
ground.
Permanent Sign: A sign made of durable material that is intended to be and
is constructed in a manner that is permanent. Such a sign may be either
attached or anchored to a building or wall or have its own foundation and
structural supports. When detached from a building, permanent sign
structures are constructed of durable materials such as brick, stone, metal,
concrete, or related materials.
Projecting Sign: A permanent sign attached to a building in a manner such
that its face is not parallel to the building to which it is attached.
Residential Directional Sign: A-frame, T-frame, or yard signs used to direct
traffic to a home. Residential directional signs are portable, temporary signs
that are placed on the ground or may be implanted into the ground without
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Final Sign Ordinance May 18, 2021
the use of any tools or equipment and can easily be picked up and carried by
one person.
Roof Sign: A sign affixed on, above, or over the roof of a building so that it
projects above the roofline. The top of a parapet wall shall be considered the
roofline. The highest point of a mansard roof shall be considered the roofline.
Where a parapet wall is combined with a mansard roof, the roofline shall be
the top of the parapet.
Sign: Any device placed to attract attention by providing identification,
advertising or directional information for a business, service, product, person,
organization, place, or building when the display of this device is visible
beyond the boundaries of the public or private property upon which the display
is made. Included in this definition are graphic devices such as logos and
attention-attracting items such as banners or logo sculptures.
Sign Copy: The letters, numerals, figures, symbols, illustrations, logos, and
graphic characters used to make up the sign message.
Temporary Sign: A sign constructed of fabric, canvas, vinyl, foam-core,
plywood, sheet metal, or plastic, or other lightweight material that is neither
permanently installed in the ground nor permanently affixed to a building or
structure and that is intended to serve a short-term or temporary condition.
Temporary signs include signs resting atop the ground, or affixed to the
ground by a temporary anchoring system, including, but not limited to, stakes,
ballasts, or by being embedded in the ground (for large temporary signs).
Vehicle Sign: A sign painted, attached, or affixed to a trailer, watercraft,
truck, automobile, or other form of motor vehicle.
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Final Sign Ordinance May 18, 2021
Window Sign: Any poster, cut-out letters, painted text or graphics, or other
text or visual presentation affixed to, or located within six (6) feet behind a
window pane and placed to be read from the exterior of a building. Such signs
may be permanent or temporary.
Yard Sign: An easily portable temporary sign up to six (6) square feet in size
that can be implanted in the ground without use of tools.
Section 6.03 Building Permits; Fees
A. Except as provided herein, it shall be unlawful to erect, install and/or
modify any permanent sign within the Town without first applying for
and obtaining a building permit from the Development Services
Department. “Modify,” as it is used herein, shall mean any change to:
1. The size or shape of an existing sign;
2. Electrical components;
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Final Sign Ordinance May 18, 2021
3. Design; and/or,
4. Supporting structures.
B. A building permit shall not be required for the following activities or
types of signs, provided, however, that such signs shall be subject to
any and all applicable provisions of this ordinance, including Zoning
Administrator approval when required:
1. Street address numbers.
2. Any sign four (4) square feet or less in area not otherwise
prohibited by this ordinance.
3. Repainting.
4. Minor, nonstructural repairs to signs or sign supports.
5. Temporary signs, except banner signs.
6. Window signs.
7. Changes to a sign panel or copy on an existing sign.
C. Failure to conform to the conditions of a building permit, including any
conditions and/or stipulations attached thereto by the Town Council
and/or Board of Adjustment, shall render such permit void.
D. Fees for building permits shall be required and payable in such sums as
the Town Council may from time to time establish as part of the Town’s
annual budget or by separate resolution.
E. A building permit for a sign does not include electrical work (a separate
building permit application is needed for electrical work); however, this
exemption shall not be deemed to grant authorization for any work to
be done in violation of the provisions of the Fountain Hills Town Code or
any other laws or ordinances.
F. Building permit applications for signs shall include sufficient information
regarding the size of the property, the building, and the tenant
occupancy; the dimensions and size of each sign; sign height and
location; lighting, including information needed to determine compliance
with Chapter 8, Outdoor Lighting Control, of the Zoning Ordinance;
materials used; and, other pertinent information as needed to evaluate
the proposed sign for compliance with this ordinance.
Section 6.04 Violations and Penalty
A. Any of the following shall be a violation of this Sign Ordinance and shall
be subject to the enforcement remedies and penalties provided by the
Town of Fountain Hills Zoning Ordinance, and by state law, as
applicable:
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Final Sign Ordinance May 18, 2021
1. To install, create, erect or maintain any sign in a way that is
inconsistent with any plan or permit governing such sign or the
zone within which the sign is located.
2. To install, create, erect or maintain any sign requiring a permit
without such a permit.
3. To fail to remove any sign that is installed, created, erected or
maintained in violation of this ordinance, or for which the building
permit has lapsed.
B. If any such violation is continued, then each day of a continued violation
shall be considered a separate violation when applying the penalty
provisions set forth below.
C. The violations set forth in Section 6.04 are declared to be civil in nature.
The responsible parties for enforcement purposes are:
1. The owner or operator of the business identified on the sign, and
2. The owner of the property to which the sign is directing pedestrian
or vehicular traffic.
D. Enforcement of violations of this chapter shall be made through the use
of the civil citation process set forth in Subsection 1-8-3 of the Town
Code. Fines may be assessed according to the following schedule:
1. First offense, fine not to exceed $50.00 and confiscation of sign(s).
2. Second offense within twelve (12) calendar months of first
offense, fine not to exceed $100.00 and confiscation of sign(s).
3. All subsequent violations within twelve (12) calendar months of
the first offense, fine not to exceed $250.00 and confiscation of
sign(s).
Section 6.05 Enforcement and Remedies
A. Any violation or attempted violation of this ordinance or of any condition
or requirement adopted pursuant hereto may be restrained, corrected
or abated, as the case may be, by injunction or other appropriate
proceedings pursuant to state law. A violation of this chapter shall be
considered a violation of the Zoning Ordinance. The remedies of the
Town shall include, but are not limited to the following:
1. Issuing a civil citation for the violation;
2. Issuing a stop-work order for any and all work on any signs on the
same lot;
3. Confiscation of sign(s);
4. Seeking an injunction or other order of restraint or abatement that
requires the removal of the sign(s) or the correction of the
nonconformity;
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Final Sign Ordinance May 18, 2021
5. Imposing any penalties that can be imposed directly by the Town
under the Zoning Ordinance;
6. Seeking in court the imposition of any penalties that can be
imposed by such court under the Zoning Ordinance; and
7. In the case of a sign that poses an immediate danger to the public
health or safety, the Town may take such measures as are
available under the applicable provisions of the Zoning Ordinance
and Building Code for such circumstances.
8. The Town shall have such other remedies as are and as may from
time to time be provided for or allowed by state law for the
violation of the Zoning Ordinance.
B. All such remedies provided herein shall be cumulative. To the extent
that state law may limit the availability of a particular remedy set forth
herein for a certain violation or a part thereof, such remedy shall remain
available for other violations or other parts of the same violation.
Section 6.06 Sign Plans
Sign plans may be used to establish unique signage criteria to a given property
or for a combination of properties that function as an integrated commercial
complex.
A. Purpose. The purpose of a sign plan is to:
1. Allow for unique sign design based on the unique or unusual
physical characteristics of a given property;
2. Provide the opportunity to adjust the balance of attached and
detached sign allowances;
3. Encourage unified signage in commercial and industrial
complexes; and,
4. Encourage creative design of signs.
B. Application Requirements.
1. A written request signed by the property owner(s) and payment
of the required fee.
2. A written project narrative describing the proposed sign plan with
any deviations from current code requirements being requested.
3. Graphic illustrations depicting, at a minimum:
a. Proposed sign locations and sizes;
b. The proposed signs include sign base/structure for detached
signs;
c. Type of illumination; and,
d. Color and material boards for signs and sign structures.
C. Review Criteria and Sign Design.
1. Review Criteria. The Zoning Administrator may approve a sign
plan containing elements that exceed by up to ten (10) percent
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Final Sign Ordinance May 18, 2021
the permitted height and area of signs as specified in this Sign
Ordinance if the sign plan conforms with at least one of the
following criteria:
a. The development contains unique or unusual physical
conditions, such as topography, proportion, size, or relation
to a public street that would limit or restrict normal sign
visibility; or
b. The proposed or existing development exhibits unique
characteristics of land use, architectural style, site location,
physical scale, historical interest, or other distinguishing
feature(s) that represent a clear variation from conventional
development; or
c. The proposed signage incorporates special design features
such as lighting, materials and craftsmanship, murals, or
statuaries that reinforce or are integrated with the building
architecture.
2. Creative Design. Applications for consideration of a sign plan
should include creative design elements that incorporate the
design of the sign into the architecture of the building. Signs
which go beyond the minimum guidelines provided in Section 6.07
G by meeting the criteria below can increase their allowed sign
area by an additional ten (10) percent. To qualify for the
additional sign area, the sign shall:
a. Constitute a substantial aesthetic improvement to the site
and shall have a positive visual impact on the surrounding
area;
b. Be of unique design, and exhibit a high degree of
thoughtfulness, imagination, inventiveness, and spirit;
c. Utilize or enhance the architectural elements of the building;
and
d. Provide strong graphic character through the imaginative
use of graphics, color, texture, quality materials, scale, and
proportion.
D. Approval. The sign plan shall be reviewed and approved by the Zoning
Administrator.
Section 6.07 General Regulations
A. Maintenance
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Final Sign Ordinance May 18, 2021
1. Any sign hereafter erected or maintained shall maintain
conformance to the provisions of this ordinance and the provisions
of Town Code.
2. Every sign permitted by this ordinance must be kept in good
condition and repair.
3. When any sign becomes in danger of falling, or is otherwise
deemed unsafe by the Town’s Chief Building Official, or if any sign
shall be unlawfully installed erected or maintained in violation of
any of the provisions of this ordinance, the property owner, or the
person or firm using the sign, shall, upon written notice by the
Chief Building Official, or immediately in the case of immediate
danger, and in any case within not more than ten (10) days after
notice:
a. Make such sign conform to the provisions of this ordinance;
or
b. Remove the sign.
4. If, within ten (10) days, the order is not complied with, the Chief
Building Official may remove the sign or cause the sign to be
removed at the expense of the property owner and/or user of the
sign.
B. Sign Location, Prohibited Locations.
1. Except as specifically provided for in Section 6.08 for some
temporary signs, signs shall be placed on the property for which
the business, activity, commodity, service, product, or event is
conducted, sold, or offered.
a. In the case of condominium developments, the common
area can be used for signage for any occupancy within the
condominium.
b. As provided in Section 6.06 commercial and industrial
developments that have multiple properties that utilize a
common access and parking field may utilize a sign plan to
allow for common street frontage monument signs that
provide signage for individual businesses in the
development but not on the same property as the sign.
2. Prohibited Locations. Signs are prohibited in the following
locations:
a. Within, on, or projecting over the right-of-way, including
within center medians, unless specifically provided for in this
Sign Ordinance.
b. On public property, unless otherwise permitted by this Sign
Ordinance.
c. Placed in a manner that interferes with pedestrian
movement or obstructs ADA access.
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Final Sign Ordinance May 18, 2021
d. Placed in a manner that obstructs the visibility of any
authorized traffic sign, traffic signal, or another traffic
control device.
e. Placed in a manner that blocks the vehicular line of sight at
a street intersection, or the intersection of a street and
driveway.
f. Affixed to fuel tanks, storage containers, or solid waste
receptacles, except signs related to the manufacturer’s or
installer’s identification, warning signs, and placards, and
information otherwise required by law.
g. Tacked, painted, burned, cut, pasted, or otherwise affixed
to trees, shrubs, posts, ladders, benches, or similar supports
if visible from across a property boundary or from the right-
of-way.
h. Placed in a manner that obstructs ADA access or prevents
ingress or egress from any window or door, or other access-
way required by the Building Code or Fire Code as adopted
by the Town of Fountain Hills.
i. Covers the architectural features of a building such as
dormers, insignias, pilasters, soffits, transoms, trims, or
similar architectural elements or devices.
j. Placed on the roof of a building or extends higher than the
highest point of the portion of the building to which the sign
is attached.
k. Attached to a standpipe, gutter, drain, or fire escape, or
placed in a manner that impairs roof access.
l. Located contrary to the standards of horizontal and vertical
clearance from electrical wires and conductors as specified
in the Building Code as adopted by the Town of Fountain
Hills.
m. Temporary signs within the Shea Boulevard right-of-way,
except post and board signs.
C. Non-Conforming Signs.
1. Any sign legally existing at the time of the passage of this Sign
Ordinance that, due to changes in this Sign Ordinance, no longer
conforms in use, location, height or size with the regulations of
this Sign Ordinance, shall be considered a legal non-conforming
use and may continue in use until such time as it is removed or
abandoned for a period of six or more continuous months. Except
as otherwise set forth in subsections 6.07 C. 2. and 3. below, any
change in the sign, including a 50% or more change of sign copy,
shall be considered an abandonment and the legal non-
conforming status of the sign shall become void.
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Final Sign Ordinance May 18, 2021
2. Whenever the name of a business or other sign text changes, any
legal non-conforming signs associated with the business shall be
modified to bring them into conformance with this Sign Ordinance,
even though the change is a change of sign copy only. This
paragraph shall not apply to signs designed with interchangeable
letters or panels or to the text area of a monument sign.
3. Legal non-conforming freestanding signs, sign structures, poles
and other related equipment that have been abandoned or not in
use for more than six months shall be removed and the building,
land or site restored to its original state.
D. Standards of Measurement
1. Sign Area Measurement. Sign area for all sign types is measured
as follows:
a. For sign copy mounted or painted on a background panel or
area distinctively painted, textured or constructed, the sign
area is the area within the outside dimensions of the
background panel or surface.
Example Sign Copy Area
b. For sign copy consisting of individual letters and/or graphics
affixed to a wall or portion of a building that has not been
painted, textured, or otherwise altered to provide a
distinctive background for the sign copy, the sign area is the
area within the sum of the one (1) or two (2) smallest
tangent rectangle(s) or other standard geometric shapes
(e.g.: circle, triangle, regular ellipse, regular rhombus, or
regular parallelogram), or combination of rectangles and
standard regular geometric shapes that will enclose both the
sign copy and background. When two (2) shapes are used,
the shapes must include at least one (1) point of common
tangency between the two (2) shapes.
Example Sign Area
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Final Sign Ordinance May 18, 2021
c. For sign copy mounted or painted on an internally-
illuminated sign or internally-illuminated element of a
building, the entire internally-illuminated surface or
architectural element that contains sign copy will be counted
as sign area.
Example Illuminated Sign Area
d. Multi-faced signs:
i. One face – The sign area is the area of the single face
only.
ii. Two faces – If the interior angle between the two sign
faces is forty-five (45) degrees or less, the sign area
is the area of one face only; if the angle between the
sign faces exceeds forty-five (45) degrees, the sign
area is the sum of the areas of the two faces.
iii. Three or more faces – The sign area is the sum of
areas of all the sign faces.
Example Sign Face Area
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Final Sign Ordinance May 18, 2021
iv. Three dimensional, sculptural or other non-planar
signs – the sign area will be the sum of the areas of
the vertical faces of the smallest polyhedron that will
encompass the sign structure.
Example Dimensional Sign Area
2. Sign Height Measurement. Sign height is measured as follows:
a. Freestanding Sign: Sign height is the distance from the top
of the sign face or structure (except for architectural
embellishment as provided below), whichever is taller, to
the top of curb of the public road nearest the sign, or to the
crown of public road nearest the sign if no curb exists.
Example Freestanding Sign Height
b. Wall or Fascia Mounted Signs: Sign height is the distance
measured from a point perpendicular to the top of the
midpoint of the sign structure, to the top of the finished floor
Than 45 Up to 45Greater
2 faces 1 face
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Final Sign Ordinance May 18, 2021
of the ground floor level directly below the midpoint of the
sign.
Example Midpoint of Sign
E. Prohibited Signs. Signs not specifically authorized herein are prohibited,
including, but not limited to the following:
1. Neon signs, except as permitted in subsection 6.08 B.
2. Any sign emitting sound.
3. Any animated or moving sign, including televisions or signs with
streaming video.
4. Mobile signs, except for sign walkers or as otherwise specifically
permitted.
5. Billboards.
6. Non-electrically illuminated signs.
7. Any non-public signs in public right-of-way or on public property,
except as otherwise specifically permitted.
8. All off-site signs, except as specifically permitted.
9. All banners, pennants, streamers, feather signs, balloons, flags,
searchlights, strobe lights, beacons, inflatable signs, except as
specifically defined and permitted.
10. Any sign imitating an official traffic control sign and any sign or
device obscuring one or more traffic control signs or devices. Any
sign which is structurally unsafe, unsafely installed, or otherwise
hazardous to physical safety.
11. Signs not authorized by the property owner, except as specifically
permitted.
F. Illumination.
1. Temporary signs shall not be illuminated.
2. Sign illumination, where allowed, shall be in conformance with
provisions of Chapter 8, Outdoor Lighting Control, of the Zoning
Ordinance.
3. When externally illuminated, the source of a sign’s illumination
shall not be visible from any adjacent residential streets or
neighborhoods.
Midpoint of SignMidpoint of Sign
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Final Sign Ordinance May 18, 2021
4. No illuminated sign shall be placed or constructed on a vacant or
undeveloped lot or parcel.
5. The following types of illumination are prohibited:
a. Flashing, blinking, or rotating lights;
b. Metal halide lighting;
c. High- or low-pressure sodium light bulbs; and,
d. Mercury vapor light sources.
6. See Section 6.08 C. for luminance standards for electronic
message centers.
G. Design Guidelines and Standards for Signs and Sign Structures
1. Permanent signs and sign structures should:
a. Be designed to be attractive and artistic;
b. Incorporate design features associated with the buildings or
structures, and should constitute an architectural
component of the overall development that is compatible
with, and not incongruous to, the architectural style and
character of the development of the property associated
with the sign; and,
c. Utilize materials and design themes consistent with the
architectural design theme of the development, as
expressed by the building architecture, landscaping, and
overall site development.
2. Permanent signs and sign structures:
a. Shall be mounted so that the attachment device is not
visible.
b. Letters attached or anchored to the face of an exposed
standard raceway should be architecturally designed and
integrated into the building.
c. Raceways shall either:
i. Be finished to match the color of the building adjacent
to the raceway and design elements of the building,
or
ii. When a raceway is provided as an architectural
enhancement to the building elevation, the raceway
must be in a contrasting color and material.
3. Temporary signs shall be made of durable materials and properly
maintained in good repair.
Section 6.08 Sign Requirements and Allowances
A. Sign Types. The following sign types are allowed in Fountain Hills.
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Final Sign Ordinance May 18, 2021
1. A-frame and T-frame signs.
a. Zoning/Use:
i. Single-family and multi-family residential zoning
districts only when in compliance with Section 6.08 D.
ii. Commercial or industrial zoning districts; and,
iii. PAD’s with commercial or industrial uses.
b. Size/Height: Maximum sign area is six (6) square feet.
Maximum sign height is three (3) feet.
c. Number:
i. In single-family and multi-family districts, as allowed
by Section 6.08 D.
ii. One per business in commercial or industrial districts.
d. Location: Shall not be used as an off-premises sign, except
when used as a Residential Directional Sign or as provided
below:
i. On property held in common by members of a
property owner’s association.
ii. On property owned by the business owner’s landlord.
iii. Along a public street subject to:
1. Shall not be located on the paved portion of any
public street, any sidewalk, or in any median.
2. Shall not be located within a designated parking
or loading area.
3. Shall not be located in a manner that poses a
traffic vision hazard.
4. Shall not be located within the public right of
way.
OR
4. Must be placed at least fifteenone (15) foot feet
behind the back of curb. If no curb is present,
signs shall be located at least one (1) foot or
from the edge of payment when there is no
curbthe paved portion of the public right-of-
way.
iv. Landscaping cannot be modified or damaged to
accommodate an A-frame sign.
e. Miscellaneous requirements:
i. Attachments to A-frame signs are limited to not more
than four (4) balloons or flags, no more than one (1)
square foot in size, flown no higher than six (6) feet
from the ground. If attachments are used, the A-
frame sign must be set back from the curb a minimum
of three (3) feet; if no curb is present, the A-frame
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Final Sign Ordinance May 18, 2021
sign shall be located at least three (3) feet from the
edge of the paved portion of the public right-of-way.
ii. Shall only be displayed between dawn and dusk.
2. Awning or Canopy Sign.
a. Zoning/Use:
i. Permitted non-residential uses in a residential zoning
district;
ii. An apartment building in a multi-family zoning
district;
iii. Commercial or industrial zoning districts; and,
iv. PAD’s with similar uses.
b. Size/Height:
i. A sign placed on the side or face of an awning or
canopy may not exceed 25% of the area of the face
of the awning or canopy on which the sign is placed.
ii. A sign placed on top of a canopy may not exceed one
(1) sq. ft. of area for each linear foot of the length of
the canopy on the side containing the sign for single
occupancies and for the length of the occupancy for
multiple occupancy buildings.
c. Number: One (1) sign per occupancy.
d. Location: On an approved canopy.
e. Miscellaneous requirements:
i. When placed on top of a canopy, must consist of
individual alphanumeric characters only.
3. Balloons.
a. Zoning/Use:
i. Permitted non-residential uses in residential zoning
districts;
ii. Commercial or industrial zoning districts; and,
iii. PAD’s with similar uses.
b. Size/Height: No balloon shall be bigger than twenty-four
(24) inches in diameter and can be no higher than six (6)
feet from the ground.
c. Number: N/A
d. Location:
i. When part of a business, within the area leased by the
business.
ii. When adjacent to a building, not more than four (4)
feet from the face of the building and within twenty
(20) feet of the main building entrance.
iii. When attached to an authorized temporary sign, in
locations where the temporary signs are permitted.
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Final Sign Ordinance May 18, 2021
iv. Shall not be displayed within the perimeter landscape
area.
v. Shall not encroach within onsite fire lanes.
vi. Shall not be attached to or hung from a tree or shrub.
vii. Shall not be erected at the intersection of any street
or pedestrian walkway in such a manner as to obstruct
free and clear vision, or at any location where, by its
position, shape or color, it may interfere with or
obstruct the view of or be confused with any
authorized traffic signal, sign or device.
e. Miscellaneous Requirements:
i. Balloons must be tethered to a secure location that
prevents high winds from removing the balloon or
causing it to create an obstruction.
ii. May be displayed for a maximum of thirty (30) days
per calendar year. Additional days may be approved
through approval of a Temporary Use Permit.
4. Banners.
a. Zoning/Use:
i. Permitted non-residential uses in residential zoning
districts;
ii. Apartment complexes containing more than twenty
(20) units in multi-family or commercial zoning
districts;
iii. Commercial or industrial zoning districts; and,
iv. PAD’s with similar uses.
b. Size/Height: Maximum sign area shall be thirty-two (32)
square feet.
c. Number: One (1) per occupancy.
d. Location:
i. Within the area owned or leased by the business or
use.
ii. Shall not be displayed in any parking space, drive aisle
or the required perimeter landscape area.
iii. Shall not encroach within onsite fire lanes.
iv. Shall not be attached to or hung from a tree or shrub.
v. Shall not be erected at the intersection of any street
or pedestrian walkway in such a manner as to obstruct
free and clear vision, or at any location where, by its
position, shape or color, it may interfere with or
obstruct the view of or be confused with any
authorized traffic signal, sign or device.
e. Miscellaneous Requirements:
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Final Sign Ordinance May 18, 2021
i. A Banner Permit must be obtained from the
Development Services Department prior to display of
a banner sign.
i.ii. Banners must be affixed to a secure location that
prevents high winds from removing the banner or
causing it to create an obstruction.
ii.iii. May be displayed for a maximum of thirty (30) days
per calendar year. Additional days may be approved
through approval of a Temporary Use Permit.
5. Building Wall Sign.
a. Zoning/Use:
i. Permitted non-residential uses in residential zoning
districts;
ii. Apartments complexes containing more than twenty
(20) units in multi-family or commercial zoning
districts;
iii. Commercial or industrial zoning districts; and,
iv. PAD’s with similar uses.
b. Size/Height:
i. One and one-half (1.5) square-foot of sign area is
allowed for each lineal foot of occupancy frontage
along a street. All occupancies with an exterior wall
are allowed a minimum of twenty-four (24) square
feet of signage. The maximum allowed sign area for
an individual sign is one hundred (100) square feet.
ii. Corner buildings may transfer up to 25% of the area
from one building frontage to the other if the angle of
the building at the corner is between forty-five
degrees (45˚) and ninety degrees (90˚). Each side of
corner buildings with building frontages less than
forty-five degrees (45˚) and between ninety degrees
(90˚) and one hundred eighty degrees (180˚) shall be
considered as one frontage and may not transfer sign
area.
iii. Sign area must allow a minimum of a two (2) foot
border from the edge of the building or suite frontage,
or a minimum two (2) foot separation between signs,
whichever is greater.
c. Number: One sign for each fifty (50) feet of occupancy per
street frontage, or portion thereof.
d. Location: Shall not be located in manner that is prohibited
in Section 6.07 B. 2. h – l.
e. Miscellaneous Requirements:
27
Final Sign Ordinance May 18, 2021
i. Each wall sign may project no more than twelve (12)
inches from the surface of the wall to which is it
attached.
ii. Reverse pan channel letters with halo illumination
must not exceed a one and three-quarter (1.75) inch
separation from the wall.
iii. In the C-2, C-3, and TCCD zoning districts, a building
wall sign may be added to a secondary entrance in
addition to total aggregate sign area if the following
criteria are met:
1. Sign area shall not exceed 25% of the primary
total aggregate sign area.
2. The secondary entrance must not be visible
from the main public entrance.
3. The secondary entrance must face a rear
parking area, common area or public use
frontage.
6. Drive-through Sign.
a. Zoning/Use: Commercial or industrial zoning districts or
PAD with similar uses.
b. Size/Height: Maximum sign area shall be twenty (20)
square feet. Maximum sign height is five (5) feet.
c. Number: Maximum of one (1) per drive-through lane.
d. Location:
i. Within five (5) feet of a drive-through lane.
ii. Cannot be readable from any public street or alley.
iii. Must be at least one hundred fifty (150) feet from any
residential zoning district or fully screened from
residential view by a masonry wall.
e. Miscellaneous Requirements:
i. Minimum of four (4) square feet of landscaping per
one (1) square foot of sign area shall be provided at
the base of the sign.
7. Flags.
a. Zoning/Use: Allowed in all zoning districts
b. Size/Height:
i. The maximum size of a flag is twenty-four (24) square
feet in residentially zoned property or property zoned
PAD with residential uses and sixty (60) square feet
in all other zoning districts.
i.ii. The maximum flagpole height is the height allowed in
the zoning district and Section 5.07 B. of the Zoning
Ordinance.
c. Number:
28
Final Sign Ordinance May 18, 2021
i. If hung from the side of a building, one (1) per unit or
tenant space.
ii. Each flagpole may contain up to two (2) flags.
b.d. Location: Flag poles Mmust be located so that if the pole
should fall, it will remain on the property containing the
pole.
c.e. Miscellaneous Requirements:
i. Developed single-family lots may contain one
flagpole.
ii. Model home complexes may have two (2) flagpoles on
one (1) lot and one (1) flagpole on additional lots up
to a maximum of five (5) flagpoles.
iii. All other properties may have up to two (2) flagpoles.
iv. The length of the flag, which is the longer side of the
flag that is perpendicular to the flagpole, shall not
exceed one-third (1/3) of the in-ground pole height.
iv.v. May be hung on the side of a building only on national
or state holidays.
8. Freestanding Wall/Fence Sign.
a. Zoning/Use:
i. Subdivision entry feature for single-family and multi-
family developments in all residential zoning districts;
ii. Commercial or industrial zoning districts; and,
iii. PAD’s with similar uses.
b. Size/Height: Maximum sign area is twenty-four (24) square
feet. Maximum sign height is six (6) feet.
c. Number: One per development entry
d. Location: Part of or attached to a perimeter wall
surrounding a development.
e. Miscellaneous Requirements:
i. A minimum of two (2) square feet of landscape area
per one (1) square foot of sign area shall be provided
at the base of the sign.
ii. Sign area may be back-lit such that the source of
illumination is not visible; provided, however, that
back-lit, non-opaque panels are not permitted.
iii. The text area of the sign may be illuminated by fully
shielded, ground mounted directional lighting.
9. Hanging or Under-Canopy Sign.
a. Zoning/Use: Any commercial or industrial zoning district
and PAD’s with similar uses.
b. Size/Height: Maximum sign width is twenty-four (24)
inches, maximum sign height is twelve (12) inches.
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Final Sign Ordinance May 18, 2021
Minimum clearance is at least eight (8) feet from the bottom
of the sign to the sidewalk or surface beneath the sign.
c. Number: One (1) per occupancy
d. Location: Under an awning or canopy associated with the
business or activity.
e. Miscellaneous Requirements:
i. If located over an abutting Town right-of-way, must
obtain an encroachment permit from the Town.
10. Monument Sign.
a. Zoning/Use:
i. Permitted non-residential uses in residential zoning
districts;
ii. Entry feature into a subdivision in single-residence
zoning districts;
iii. Apartment or condominium complex containing more
than twenty (20) dwellings in multi-family zoning
districts;
iv. Commercial or industrial zoning districts; and,
v. PAD’s with similar uses.
b. Size/Height:
Table 6.08 B: Size and Height Allowances for Monument Signs
Zoning District Maximum Size Maximum Height
Single Residential 32 sq. ft. 6 feet
Multi-Residential 32 sq. ft. 8 feet
Commercial/Industrial 50 sq. ft. for an
individual sign.
12 feet
c. Number: One monument sign per lot or parcel for each full
three hundred (300) feet of street frontage.
d. Location:
i. Along a street frontage, but not within a public right-
of-way.
ii. Must be separated from any other monument sign on
the same property by at least one hundred fifty (150)
feet.
e. Miscellaneous Requirements:
i. A minimum of two (2) square feet of landscaping per
one (1) square foot of sign area provided at the base
of the sign.
ii. Sign may be internally illuminated.
iii. Sign area may be back-lit such that the source of
illumination is not visible; provided, however, that
back-lit, non-opaque panels are not permitted.
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Final Sign Ordinance May 18, 2021
iv. The text area of the sign may be illuminated by fully
shielded, ground mounted directional lighting.
11. On-site Directional Sign.
a. Zoning/Uses: Commercial or industrial zoning districts and
PAD’s with similar uses.
b. Size/Height: Maximum sign area is four (4) square feet.
Maximum sign height is five (5) feet.
c. Number: As needed.
d. Location: At least twenty (20) feet from a public street and
within five (5) feet of a driveway or drive aisle.
12. Post and Board Sign.
a. Zoning/Uses: Allowed in all zoning districts.
b. Size/Height:
i. Developed properties and undeveloped properties five
(5) acres or less in size the maximum sign area is six
(6) square feet. Maximum sign height is five (5) feet
in residentially zoned property and eight (8) feet in
non-residentially zoned property.
ii. Undeveloped property more than five (5) acres in size
maximum sign area is thirty-two (32) square feet.
Maximum height is eight (8) feet.
c. Number: One (1) sign per street front.
d. Location: Shall not be located within the public right-of-
way.
OR
d. On private property Must be at least fifteen six (615) feet
behind the back of curb or edge of pavement when there is
no curb.
13. Projecting Sign.
a. Zoning/Uses: Commercial or industrial zoning districts and
PAD’s with similar uses.
b. Size/Height: Maximum sign width is three and one-half
(3.5) feet. Maximum sign height is six (6) feet. Minimum
clearance is eight (8) feet from the bottom of the sign to the
sidewalk or surface beneath the sign.
c. Number: One per building.
d. Location: On the building outside the tenant space for which
the sign is located.
e. Miscellaneous Requirements:
i. If encroaching over an abutting Town right-of-way
line, must obtain an encroachment permit from the
Town.
14. Sign Walkers.
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Final Sign Ordinance May 18, 2021
a. Zoning/Uses: Commercial or industrial zoning districts and
PAD’s with similar uses.
b. Size/Height: Maximum sign area is five (5) square feet.
c. Number: One sign per business.
d. Location:
i. If located in the right-of-way, a sign walker shall be
positioned behind the curb, or, if no curb is present,
ten (10) feet behind the edge of pavement.
ii. Sign walkers shall be positioned so as to not obstruct
vehicle sight lines and road “clear zones” established
by the Town Engineer in accordance with traffic
engineering standards.
iii. Sign walkers shall not obstruct the free movement of
pedestrians on sidewalks.
iv. Sign walkers are not allowed in the medians of public
or private streets.
e. Miscellaneous Requirements:
i. Sign walkers shall not erect or place tents, temporary
structures, umbrellas, chairs or stools anywhere
within the public right-of-way or on adjacent property.
15. Vehicle Sign:
a. Zoning/Uses: Commercial and industrial zoning districts
and PAD’s with similar uses.
b. Size/Height: N/A
c. Number: N/A
d. Location: Vehicle must be parked in an authorized location
and in a lawful manner that is not distinct or different from
the pre-determined parking area design.
e. Miscellaneous Requirements:
i. The vehicle must be operable and currently registered
per Town Code. The primary purpose of the vehicle
shall be in the operation of the business, e.g.
transporting goods or providing services, and not
displaying a sign.
ii. Business or commercial vehicles displaying signage or
advertising as a normal part of business activity may
be parked in an off-street parking space adjacent to
the business to which the vehicle relates as far from
the public right of way as possible. If the vehicle is
visible from the public right-of-way it shall not remain
in the same parking space for more than forty-eight
(48) hours.
iii. Unless otherwise permitted, signs mounted, attached
or painted on trailers, boats, motor vehicles or any
32
Final Sign Ordinance May 18, 2021
moveable object placed on premises specifically to
serve as additional signage are prohibited; they shall
not become additional, permanent freestanding signs.
iv. No sign shall be erected or attached to any vehicle
except for signs that are magnetically attached to or
permanently painted or wrapped on the surface of a
vehicle.
16. Window Sign:
a. Zoning/Uses: Commercial or industrial zoning districts and
PAD’s with similar uses.
b. Size/Height: May not cover more than fifty (50) percent of
any window.
c. Number: N/A
d. Location: On a window or within six (6) feet behind a
window when intended to be viewed from outside the
building.
e. Miscellaneous: May use neon signs for interior window
displays in commercial and industrial districts. The total
amount of neon signage for any one business shall be six
(6) square feet. No more than two (2) neon signs shall be
allowed for any business.
17. Yard Signs.
a. Zoning: Allowed in all zoning districts.
b. Size/Height: Maximum sign area is six (6) square feet in
single-family zoning districts and eight (8) square feet in all
other zoning districts. Maximum sign height is three (3) feet
in single-family zoning districts and five (5) feet in all other
zoning districts.
c. Number: One (1) sign per lot.
d. Location: Shall not be located within the public right-of-
way.
OR
d. On private propertyMust be at least two fifteen (215) feet
behind a public sidewalk or six (6) feet from athe back of
curb or the edge of pavement when there is no curb,
whichever is greater.
B. Electronic Message Centers. Electronic message centers (EMC) are
permitted in commercial and industrial zoning districts, and for
permitted non-residential uses in residential zoning districts consistent
with the following requirements:
1. There shall be no moving or flashing green or red features that
can be mistaken as traffic control devices
33
Final Sign Ordinance May 18, 2021
2. Each message on the sign must be displayed a minimum of eight
(8) seconds.
3. EMC shall contain static messages only and shall not have
movement, or the appearance or optical illusion of movement of
any part of the sign structure, design or pictorial segment of the
sign, including movement or appearance of movement or any
illumination of the flashing, scintillating or varying of light
intensity. The transition duration shall be instantaneous, one
message will instantly transition to the next message
3.4. Message change is allowed through fade, dissolve, travel, or
scrolling modes not to exceed two (2) seconds in transition.
5. When a business is closed, the sign may continue to be lit, but
may only display a static message.
4.6. Nighttime allowances: From one (1) hour after official sunset until
one (1) hour before official sunrise, the maximum luminance level
of any EMC shall be 100 nits.
a. Businesses which are closed before sunset and do not open
until after sunrise shall have EMC turned off no more than
one hour after sunset and shall not be turned on more than
one hour before sunrise.
b. Businesses which are open more than one (1) hour before
sunrise and/or one (1) hour after sunset shall be allowed to
let the EMC remain lit at the 40 nits level for up to thirty
(30) minutes before opening or after closing. During these
extended hours there shall be no changes to the face or copy
of the sign.
c. EMC applications for traffic and safety information shall be
exempt from the curfew hours
5.7. Measurement Criteria: The luminance of an electronic message
center shall be measured with a luminance meter set to measure
candelas per square meter (nits) traceable to a National Institute
for Standards and Technology (NIST) standard and using accepted
professional practices for measurement as established by the
Development Services Director.. A meter measuring luminance of
a field view of one-half of one degree or less shall be used.
Luminance shall be measured with the electronic message center
off and again with the electronic message center displaying a
white image for a full color capable electronic message center, or
a solid message for a single color electronic message center. All
measurements shall be taken as close as practical to
perpendicular plane of the sign at a distance which allows the
white (or solid) image to completely fill the measurement area of
the luminance meter. Five measurements shall be recorded in
34
Final Sign Ordinance May 18, 2021
different areas of the sign, if possible, and averaged to provide
the final measurement.
6.8. All permitted electronic message centers shall be equipped with a
sensor or other device that automatically determines the ambient
illumination and programmed to automatically dim according to
ambient light conditions, or that can be adjusted to comply with
the 40 100 nits maximum nighttime luminance requirement.
7.9. In the event a sign is found to be out of compliance with the
luminance levels required by this ordinance, the sign shall remain
unlit off until the sign is brought into compliance.
C. Temporary Sign Allowances.
1. The aggregate temporary sign allowances per occupancy are as
follows:
Table 6.08 D: Aggregate Temporary Sign Allowance by Use per Occupancy
Use Maximum Total
Area for all
Temporary Signs
Maximum
Number of Signs
per Street Front
Minimum
Separation
Single-Family,
attached or detached
12 sq. ft. 2 N/A
Multi-Family, Office,
Non-residential in a
single-family district
32 sq. ft. 2 50-feet
Commercial 48 sq. ft. 3 75-feet
Industrial 64 sq. ft. 2 N/A
2. Construction on Undeveloped Property. Undeveloped properties
with valid building permits may display one (1) temporary sign
not to exceed eight (8) square feet in size and a maximum height
of five (5) feet. The sign must be on the construction site. The
sign must be removed no later than the date when the final
inspection is completed.
D. Residential Directional Sign. These temporary signs are allowed subject
to the following requirements.
1. Allowed in all residential zoning districts and residential PAD’s and
along streets leading to the activity regardless of zoning.
2. Each single-family lot, condominium unit, or model home may
place one (1) sign anywhere on the property. Further, each
single-family home, condominium complex, or model home
cluster may place one (1) additional sign at each turning
movement beginning at the subject property out to a major street
with a maximum of five (5) additional signs.
35
Final Sign Ordinance May 18, 2021
3. Shall not be located within the public right-of-way.
OR
3. Must be placed at least one fifteen (15) foot feet behind the curb.
If no curb is present, signs shall be located at least one fifteen
(15) foot feet from the edge of the paved portion of the public
right of way. Shall not be placed on sidewalks or within the center
medians that divide portions of paved or unpaved roadways. A
sign may be placed in a median between a frontage road and the
primary, parallel street but only where the primary street
intersects with another roadway. Signs must be placed so as to
not create a sight visibility problem at the intersection.
4. Miscellaneous Requirements:
a. No such sign shall be permitted on or within 150 feet of the
curb along Shea Boulevard.
b. Signs may only be displayed from dawn to dusk.
c.a. No sign may be attached to any utility pole or box, light
pole, street sign, bus shelter, or any structure within the
public right-of-way.
d.b. Signs shall not damage any vegetation or rest against other
objects or vegetation.
RESOLUTION NO. 2021-02
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC
RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN
CLERK AND ENTITLED “2021 SIGN ORDINANCE”
ENACTMENTS:
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That certain document entitled “2021 Sign Ordinance” of which one paper copy and
one electronic copy maintained in compliance with ARS 44-7041 are on file in the office of the
Town Clerk and open for public inspection during normal business hours, is hereby declared to
be a public record, and said copies are ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County,
Arizona, this 18th day of May, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
___________________________________ __________________________________
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
____________________________________ __________________________________
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
RESOLUTION 2021-02 PAGE 2
EXHIBIT A
2021 Sign Ordinance
RESOLUTION 2021-02 PAGE 3
Chapter 6
SIGN REGULATIONS
Sections:
6.01 Introduction
6.02 Definitions
6.03 Building Permits; Fees
6.04 Violations and Penalty
6.05 Enforcement and Remedies
6.06 Sign Plans
6.07 General Regulations
6.08 Sign Requirements and Allowances
RESOLUTION 2021-02 PAGE 4
Section 6.01 Introduction
The regulations set forth in this Chapter are intended to encourage attractive signage
for businesses and services, optimize the availability of information, and promote the
general welfare by creating a more aesthetically appealing community.
A. Findings and Purpose
1. Findings. Signs can obstruct views, distract motorists, obstruct
pedestrians or vehicular traffic flow, create safety hazards, create
aesthetic blight and visual clutter, and pose other problems that legitimately call for regulation.
2. Purpose. The purpose of this Sign Ordinance is to regulate the size,
illumination, movement or appearance of movement, materials,
location, height, and condition of all signs, as defined herein, and to
allow and promote sign communication in a manner that:
a. Preserves and protects public health, safety, and welfare within
the Town of Fountain Hills;
b. Assures the use of a variety of sign forms designed to be sensitive
to the context of the location, as a reasonable method of visual
communication between groups and individuals;
c. Enhances the flow of traffic and the convenience, ease, and
enjoyment of travel within the Town of Fountain Hills;
d. Restricts circumstances that otherwise may result in injury or
damage because of distractions, or obstructions of vision
attributable to sign placement or size, or to the illumination of
signs that may become a source of undue glare, distraction, or
light pollution;
e. Avoids visual clutter that may contribute to traffic accidents or be
harmful to vehicular traffic or pedestrian safety;
f. Promotes the aesthetic and environmental values of the
community by providing for signs that do not impair dark skies,
property values, business opportunities, community appearance,
or the attractiveness of the Town as a place to visit, live, work, and shop;
g. Allows signs that are appropriate in scale to the zoning district in
which they are located;
h. Provides for signs as an effective channel of communication, while
ensuring that sign forms are aesthetically designed and proportioned in relation to adjacent structures on the same lot or
development site, and that are compatible with their
surroundings;
i. Promotes the effectiveness of signs by preventing their
overconcentration, improper placement, deterioration, and
excessive size and number; and,
j. Supports and enhances commerce within the Town.
RESOLUTION 2021-02 PAGE 5
B. Applicability
1. Subject of this Sign Ordinance. All signs as defined in this Sign
Ordinance are subject to the provisions of this Sign Ordinance as it
pertains to:
a. The allowance of signs (principally the number, form, material,
size, and structure of signs);
b. The review and consideration of sign plans and permits;
c. The entitlement and issuance of permits; d. The location and placement of signs on all buildings, structures,
and land;
e. The integration of the design of signs with associated building
architecture; and,
f. The maintenance of signs.
2. The provisions of this Sign Ordinance do not apply to the following: a. Address numbers as required by the Fire Code;
b. Government signs;
c. Traffic control signs, markings, devices;
d. Signs authorized or required by Arizona Revised Statutes;
e. Public transportation signs; and, f. Signs specified as mandatory by any provision of the Fountain
Hills Town Code.
3. Most Restrictive Provision Applies. Except when otherwise authorized
by a Special Use Permit, Temporary Use Permit, or Variance, the most
restrictive provision shall prevail in cases in which two or more
provisions of this Sign Ordinance appear to conflict.
4. Controlling Document. This Sign Ordinance is not intended to repeal,
abrogate, annul, or in any way impair or interfere with other Town
provisions, allowances, or ordinances, except those specifically repealed
by this Sign Ordinance. Where this Sign Ordinance imposes a greater
restriction on a sign than is imposed or required by other Fountain Hills
Town Codes, provisions, allowances, or ordinances, the provisions of
this Sign Ordinance control.
5. Definitions Used. Definitions for specific terms used in this Sign
Ordinance are principally found in Section 6.02 of this Sign Ordinance.
Additional definitions are also provided in Chapter 1 of the Zoning
Ordinance and in the Fountain Hills Town Code. Definitions not included
in this Sign Ordinance, the Zoning Ordinance, or the Town Code should be given their plain and ordinary meaning where possible.
6. Effect on Previously Approved Sign Permits and Comprehensive Sign
Plans. All sign permits and comprehensive sign plans approved and in
effect prior to the effective date of this Sign Ordinance shall remain in
effect. Signs authorized by such comprehensive sign plans shall be developed in accordance with the standards specified by that sign plan
and any applicable conditions or stipulations associated with the
approval of that sign plan. The development standards and
requirements of this Sign Ordinance apply if not specifically modified by
the applicable adopted sign plan. The Zoning Administrator may
approve minor modifications to approved plans regarding design,
RESOLUTION 2021-02 PAGE 6
height, number, or sign area that do not exceed the maximum(s)
allowed by this Sign Ordinance.
C. Repeal and Severability
1. If any section, subsection, paragraph, sentence, clause, or phrase of
this Sign Ordinance is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of
this Sign Ordinance. The Town of Fountain Hills hereby declares that it would have passed this Sign Ordinance, and each section, subsection,
sentence, clause, and phrase thereof, regardless whether any or one or
more sections, subsections, sentences, clauses, or phrases be declared
invalid or unconstitutional.
2. Effect on Previous Proceedings. Nothing contained in this Sign
Ordinance affects rights and duties that matured, penalties that were incurred, and proceedings that began before its effective date,
notwithstanding the provisions of subsection C. 1. of this Section.
D. Consent of Property Owner Required. Unless otherwise permitted, no person
shall construct, place, display, or maintain any sign without the written consent
of the property owner, the property owner’s agent, or an authorized
representative.
E. Noncommercial Message Substitutions Allowed. Notwithstanding any other
provisions of this Sign Ordinance to the contrary, any noncommercial message
may be substituted for the message placed on any sign permitted by this Sign
Ordinance.
F. Responsible Party
1. Posting Sign. The person, group, or organization directing the posting,
installation, or erection of a sign is responsible for assuring the
compliance of the sign with the requirements of this Sign Ordinance.
This includes the placement, removal, maintenance, replacement, or
alteration of the sign, as may be applicable.
2. Owner or Occupant. If the person directing the posting, installation, or
erection of the sign does not remove, maintain, replace, or alter the sign
in accordance with the requirements of this Sign Ordinance, then the
property owner or occupant of the building where the sign is posted is
responsible for either replacing the sign with a sign that complies with
this Sign Ordinance or removing the sign.
Section 6.02 Definitions
A-frame or T-frame: A self-supporting, temporary, lightweight, portable sign
made of durable, non-pliant material such as wood, sheet metal, or plastic
that is designed to rest atop the ground without penetrating the ground.
RESOLUTION 2021-02 PAGE 7
Awning or Canopy: A permanent sign that is applied to, placed on, affixed to,
or painted on an awning or canopy.
Balloon: A temporary sign professionally made from a bag or similar flexible,
non-rigid enclosure that holds gas or air and is attached by a tether to a fixed
place.
Banner Sign: A temporary sign made of canvas, plastic, vinyl, or other pliable
material attached to a wall, frame, stakes, or other support structure by at
least the four corners of the banner.
RESOLUTION 2021-02 PAGE 8
Building wall sign: A permanent sign mounted flat against or painted on the
wall of a building with the exposed face of the sign in a plane parallel to the
face of the wall.
Drive-through Sign: A permanent, freestanding sign adjacent to a drive-
through, typically placed in or near an area where orders are taken from
occupants of a vehicle.
Electronic Message Centers: A permanent sign that is capable of displaying
alternating, variable, or changeable copy that is electronically changed by
remote or automatic means.
RESOLUTION 2021-02 PAGE 9
Feather or Flag Banner: A temporary sign made of fabric or vinyl attached to
a pole on one side.
Flag: A fabric sheet of square, rectangular, or triangular shape that is
designed to be mounted by a cable or rope to a pole at one end.
Freestanding Wall/Fence Sign: A permanent sign that is applied to, placed on,
affixed to, or painted on a wall or fence that is not part of the building(s) on
the property.
Hanging or Under-Canopy Sign: A permanent sign suspended from and
located entirely under a covered porch, covered walkway, awning, or canopy.
RESOLUTION 2021-02 PAGE 10
Monument Sign: A permanent sign mounted on or incorporated into a solid,
self-supporting base that is not part of a building or wall.
Off-site Sign: A sign portraying information or directing attention to a
business, activity, commodity, service, product, or event that is not
conducted, sold, or offered on the premises upon which the sign is located.
Includes signs commonly referred to as “Billboards.”
On-site Directional: A small permanent sign located adjacent to a driveway
or drive aisle.
Post and Board Sign: A temporary sign constructed of plywood, sheet metal,
thick plastic, or similar material attached to one or two posts fixed in the
ground.
Permanent Sign: A sign made of durable material that is intended to be and
is constructed in a manner that is permanent. Such a sign may be either
attached or anchored to a building or wall or have its own foundation and
structural supports. When detached from a building, permanent sign
RESOLUTION 2021-02 PAGE 11
structures are constructed of durable materials such as brick, stone, metal,
concrete, or related materials.
Projecting Sign: A permanent sign attached to a building in a manner such
that its face is not parallel to the building to which it is attached.
Residential Directional Sign: A-frame, T-frame, or yard signs used to direct
traffic to a home.
Roof Sign: A sign affixed on, above, or over the roof of a building so that it
projects above the roofline. The top of a parapet wall shall be considered the
roofline. The highest point of a mansard roof shall be considered the roofline.
Where a parapet wall is combined with a mansard roof, the roofline shall be
the top of the parapet.
Sign: Any device placed to attract attention by providing identification,
advertising or directional information for a business, service, product, person,
organization, place, or building when the display of this device is visible
beyond the boundaries of the public or private property upon which the display
is made. Included in this definition are graphic devices such as logos and
attention-attracting items such as banners or logo sculptures.
Sign Copy: The letters, numerals, figures, symbols, illustrations, logos, and
graphic characters used to make up the sign message.
Temporary Sign: A sign constructed of fabric, canvas, vinyl, foam-core,
plywood, sheet metal, or plastic that is neither permanently installed in the
ground nor permanently affixed to a building or structure and that is intended
RESOLUTION 2021-02 PAGE 12
to serve a short-term or temporary condition. Temporary signs include signs
resting atop the ground, or affixed to the ground by a temporary anchoring
system, including, but not limited to, stakes, ballasts, or by being embedded
in the ground (for large temporary signs).
Vehicle Sign: A sign painted, attached, or affixed to a trailer, watercraft,
truck, automobile, or other form of motor vehicle.
Window Sign: Any poster, cut-out letters, painted text or graphics, or other
text or visual presentation affixed to, or located within six (6) feet behind a
window pane and placed to be read from the exterior of a building. Such signs
may be permanent or temporary.
Yard Sign: An easily portable temporary sign up to six (6) square feet in size
that can be implanted in the ground without use of tools.
RESOLUTION 2021-02 PAGE 13
Section 6.03 Building Permits; Fees
A. Except as provided herein, it shall be unlawful to erect, install and/or modify
any permanent sign within the Town without first applying for and obtaining a building permit from the Development Services Department. “Modify,” as it is
used herein, shall mean any change to:
1. The size or shape of an existing sign;
2. Electrical components;
3. Design; and/or,
4. Supporting structures.
B. A building permit shall not be required for the following activities or types of
signs, provided, however, that such signs shall be subject to any and all
applicable provisions of this ordinance, including Zoning Administrator
approval when required:
1. Street address numbers. 2. Any sign four (4) square feet or less in area not otherwise prohibited by
this ordinance.
3. Repainting.
4. Minor, nonstructural repairs to signs or sign supports.
5. Temporary signs, except banner signs.
6. Window signs.
7. Changes to a sign panel or copy on an existing sign.
C. Failure to conform to the conditions of a building permit, including any
conditions and/or stipulations attached thereto by the Town Council and/or
Board of Adjustment, shall render such permit void.
D. Fees for building permits shall be required and payable in such sums as the
Town Council may from time to time establish as part of the Town’s annual
budget or by separate resolution.
E. A building permit for a sign does not include electrical work (a separate building
permit application is needed for electrical work); however, this exemption shall
not be deemed to grant authorization for any work to be done in violation of
the provisions of the Fountain Hills Town Code or any other laws or ordinances.
F. Building permit applications for signs shall include sufficient information
regarding the size of the property, the building, and the tenant occupancy; the
dimensions and size of each sign; sign height and location; lighting, including
information needed to determine compliance with Chapter 8, Outdoor Lighting
Control, of the Zoning Ordinance; materials used; and, other pertinent
information as needed to evaluate the proposed sign for compliance with this ordinance.
RESOLUTION 2021-02 PAGE 14
Section 6.04 Violations and Penalty
A. Any of the following shall be a violation of this Sign Ordinance and shall be
subject to the enforcement remedies and penalties provided by the Town of Fountain Hills Zoning Ordinance, and by state law, as applicable:
1. To install, create, erect or maintain any sign in a way that is inconsistent
with any plan or permit governing such sign or the zone within which
the sign is located.
2. To install, create, erect or maintain any sign requiring a permit without
such a permit.
3. To fail to remove any sign that is installed, created, erected or
maintained in violation of this ordinance, or for which the building permit
has lapsed.
B. If any such violation is continued, then each day of a continued violation shall
be considered a separate violation when applying the penalty provisions set
forth below.
C. The violations set forth in Section 6.04 are declared to be civil in nature. The
responsible parties for enforcement purposes are:
1. The owner or operator of the business identified on the sign, and
2. The owner of the property to which the sign is directing pedestrian or
vehicular traffic.
D. Enforcement of violations of this chapter shall be made through the use of the
civil citation process set forth in Subsection 1-8-3 of the Town Code. Fines
may be assessed according to the following schedule:
1. First offense, fine not to exceed $50.00 and confiscation of sign(s).
2. Second offense within twelve (12) calendar months of first offense, fine not to exceed $100.00 and confiscation of sign(s).
3. All subsequent violations within twelve (12) calendar months of the first
offense, fine not to exceed $250.00 and confiscation of sign(s).
Section 6.05 Enforcement and Remedies
A. Any violation or attempted violation of this ordinance or of any condition or
requirement adopted pursuant hereto may be restrained, corrected or abated, as the case may be, by injunction or other appropriate proceedings pursuant
to state law. A violation of this chapter shall be considered a violation of the
Zoning Ordinance. The remedies of the Town shall include, but are not limited
to the following:
1. Issuing a civil citation for the violation;
2. Issuing a stop-work order for any and all work on any signs on the same
lot;
3. Confiscation of sign(s);
4. Seeking an injunction or other order of restraint or abatement that
requires the removal of the sign(s) or the correction of the
nonconformity;
RESOLUTION 2021-02 PAGE 15
5. Imposing any penalties that can be imposed directly by the Town under
the Zoning Ordinance;
6. Seeking in court the imposition of any penalties that can be imposed by
such court under the Zoning Ordinance; and
7. In the case of a sign that poses an immediate danger to the public health
or safety, the Town may take such measures as are available under the
applicable provisions of the Zoning Ordinance and Building Code for such
circumstances. 8. The Town shall have such other remedies as are and as may from time
to time be provided for or allowed by state law for the violation of the
Zoning Ordinance.
B. All such remedies provided herein shall be cumulative. To the extent that state
law may limit the availability of a particular remedy set forth herein for a
certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation.
Section 6.06 Sign Plans
Sign plans may be used to establish unique signage criteria to a given property or for
a combination of properties that function as an integrated commercial complex.
A. Purpose. The purpose of a sign plan is to:
1. Allow for unique sign design based on the unique or unusual physical
characteristics of a given property;
2. Provide the opportunity to adjust the balance of attached and detached sign allowances;
3. Encourage unified signage in commercial and industrial complexes; and,
4. Encourage creative design of signs.
B. Application Requirements.
1. A written request signed by the property owner(s) and payment of the required fee.
2. A written project narrative describing the proposed sign plan with any
deviations from current code requirements being requested.
3. Graphic illustrations depicting, at a minimum:
a. Proposed sign locations and sizes;
b. The proposed signs include sign base/structure for detached
signs;
c. Type of illumination; and,
d. Color and material boards for signs and sign structures.
C. Review Criteria and Sign Design.
1. Review Criteria. The Zoning Administrator may approve a sign plan
containing elements that exceed by up to ten (10) percent the permitted
height and area of signs as specified in this Sign Ordinance if the sign
plan conforms with at least one of the following criteria:
RESOLUTION 2021-02 PAGE 16
a. The development contains unique or unusual physical conditions,
such as topography, proportion, size, or relation to a public street
that would limit or restrict normal sign visibility; or
b. The proposed or existing development exhibits unique
characteristics of land use, architectural style, site location,
physical scale, historical interest, or other distinguishing
feature(s) that represent a clear variation from conventional
development; or c. The proposed signage incorporates special design features such
as lighting, materials and craftsmanship, murals, or statuaries
that reinforce or are integrated with the building architecture.
2. Creative Design. Applications for consideration of a sign plan should
include creative design elements that incorporate the design of the sign
into the architecture of the building. Signs which go beyond the minimum guidelines provided in Section 6.07 G by meeting the criteria
below can increase their allowed sign area by an additional ten (10)
percent. To qualify for the additional sign area, the sign shall:
a. Constitute a substantial aesthetic improvement to the site and
shall have a positive visual impact on the surrounding area; b. Be of unique design, and exhibit a high degree of thoughtfulness,
imagination, inventiveness, and spirit;
c. Utilize or enhance the architectural elements of the building; and
d. Provide strong graphic character through the imaginative use of
graphics, color, texture, quality materials, scale, and proportion.
D. Approval. The sign plan shall be reviewed and approved by the Zoning Administrator.
Section 6.07 General Regulations
A. Maintenance
1. Any sign hereafter erected or maintained shall maintain conformance to
the provisions of this ordinance and the provisions of Town Code. 2. Every sign permitted by this ordinance must be kept in good condition
and repair.
3. When any sign becomes in danger of falling, or is otherwise deemed
unsafe by the Town’s Chief Building Official, or if any sign shall be
unlawfully installed erected or maintained in violation of any of the
provisions of this ordinance, the property owner, or the person or firm
using the sign, shall, upon written notice by the Chief Building Official,
or immediately in the case of immediate danger, and in any case within
not more than ten (10) days after notice:
a. Make such sign conform to the provisions of this ordinance; or
b. Remove the sign.
4. If, within ten (10) days, the order is not complied with, the Chief Building Official may remove the sign or cause the sign to be removed at the
expense of the property owner and/or user of the sign.
RESOLUTION 2021-02 PAGE 17
B. Sign Location, Prohibited Locations.
1. Except as specifically provided for in Section 6.08 for some temporary
signs, signs shall be placed on the property for which the business,
activity, commodity, service, product, or event is conducted, sold, or
offered.
a. In the case of condominium developments, the common area can
be used for signage for any occupancy within the condominium.
b. As provided in Section 6.06 commercial and industrial developments that have multiple properties that utilize a common
access and parking field may utilize a sign plan to allow for
common street frontage monument signs that provide signage for
individual businesses in the development but not on the same
property as the sign.
2. Prohibited Locations. Signs are prohibited in the following locations: a. Within, on, or projecting over the right-of-way, including within
center medians, unless specifically provided for in this Sign
Ordinance.
b. On public property, unless otherwise permitted by this Sign
Ordinance. c. Placed in a manner that interferes with pedestrian movement or
obstructs ADA access.
d. Placed in a manner that obstructs the visibility of any authorized
traffic sign, traffic signal, or another traffic control device.
e. Placed in a manner that blocks the vehicular line of sight at a
street intersection, or the intersection of a street and driveway.
f. Affixed to fuel tanks, storage containers, or solid waste
receptacles, except signs related to the manufacturer’s or
installer’s identification, warning signs, and placards, and
information otherwise required by law.
g. Tacked, painted, burned, cut, pasted, or otherwise affixed to
trees, shrubs, posts, ladders, benches, or similar supports if
visible from across a property boundary or from the right-of-way.
h. Placed in a manner that obstructs ADA access or prevents ingress
or egress from any window or door, or other access-way required
by the Building Code or Fire Code as adopted by the Town of
Fountain Hills.
i. Covers the architectural features of a building such as dormers, insignias, pilasters, soffits, transoms, trims, or similar
architectural elements or devices.
j. Placed on the roof of a building or extends higher than the highest
point of the portion of the building to which the sign is attached.
k. Attached to a standpipe, gutter, drain, or fire escape, or placed in a manner that impairs roof access.
l. Located contrary to the standards of horizontal and vertical
clearance from electrical wires and conductors as specified in the
Building Code as adopted by the Town of Fountain Hills.
m. Temporary signs within the Shea Boulevard right-of-way.
RESOLUTION 2021-02 PAGE 18
C. Non-Conforming Signs.
1. Any sign legally existing at the time of the passage of this Sign
Ordinance that, due to changes in this Sign Ordinance, no longer
conforms in use, location, height or size with the regulations of this Sign
Ordinance, shall be considered a legal non-conforming use and may
continue in use until such time as it is removed or abandoned for a
period of six or more continuous months. Except as otherwise set forth
in subsections 6.07 C. 2. and 3. below, any change in the sign, including a 50% or more change of sign copy, shall be considered an
abandonment and the legal non-conforming status of the sign shall
become void.
2. Whenever the name of a business or other sign text changes, any legal
non-conforming signs associated with the business shall be modified to
bring them into conformance with this Sign Ordinance, even though the change is a change of sign copy only. This paragraph shall not apply to
signs designed with interchangeable letters or panels or to the text area
of a monument sign.
3. Legal non-conforming freestanding signs, sign structures, poles and
other related equipment that have been abandoned or not in use for more than six months shall be removed and the building, land or site
restored to its original state.
D. Standards of Measurement
1. Sign Area Measurement. Sign area for all sign types is measured as
follows:
a. For sign copy mounted or painted on a background panel or area
distinctively painted, textured or constructed, the sign area is the
area within the outside dimensions of the background panel or
surface
Example Sign Copy Area
b. For sign copy consisting of individual letters and/or graphics
affixed to a wall or portion of a building that has not been painted, textured, or otherwise altered to provide a distinctive background
for the sign copy, the sign area is the area within the sum of the
one (1) or two (2) smallest tangent rectangle(s) or other standard
geometric shapes (e.g.: circle, triangle, regular ellipse, regular
rhombus, or regular parallelogram), or combination of rectangles
and standard regular geometric shapes that will enclose both the
RESOLUTION 2021-02 PAGE 19
sign copy and background. When two (2) shapes are used, the
shapes must include at least one (1) point of common tangency
between the two (2) shapes.
Example Sign Area
c. For sign copy mounted or painted on an internally-illuminated
sign or internally-illuminated element of a building, the entire
internally-illuminated surface or architectural element that
contains sign copy will be counted as sign area.
Example Illuminated Sign Area
d. Multi-faced signs:
i. One face – The sign area is the area of the single face only.
ii. Two faces – If the interior angle between the two sign faces
is forty-five (45) degrees or less, the sign area is the area
of one face only; if the angle between the sign faces
exceeds forty-five (45) degrees, the sign area is the sum of the areas of the two faces.
iii. Three or more faces – The sign area is the sum of areas of
all the sign faces.
RESOLUTION 2021-02 PAGE 20
Example Sign Face Area
iv. Three dimensional, sculptural or other non-planar signs –
the sign area will be the sum of the areas of the vertical faces of the smallest polyhedron that will encompass the
sign structure.
Example Dimensional Sign Area
2. Sign Height Measurement. Sign height is measured as follows:
a. Freestanding Sign: Sign height is the distance from the top of the
sign face or structure (except for architectural embellishment as
provided below), whichever is taller, to the top of curb of the
public road nearest the sign, or to the crown of public road
nearest the sign if no curb exists.
Than 45 Up to 45Greater
2 faces 1 face
RESOLUTION 2021-02 PAGE 21
Example Freestanding Sign Height
b. Wall or Fascia Mounted Signs: Sign height is the distance
measured from a point perpendicular to the top of the midpoint
of the sign structure, to the top of the finished floor of the ground
floor level directly below the midpoint of the sign.
Example Midpoint of Sign
E. Prohibited Signs. Signs not specifically authorized herein are prohibited,
including, but not limited to the following:
1. Neon signs, except as permitted in subsection 6.08 B.
2. Any sign emitting sound.
3. Any animated or moving sign, including televisions or signs with
streaming video.
4. Mobile signs, except for sign walkers or as otherwise specifically
permitted.
5. Billboards.
6. Non-electrically illuminated signs.
7. Any non-public signs in public right-of-way or on public property, except as otherwise specifically permitted.
8. All off-site signs, except as specifically permitted.
9. All banners, pennants, streamers, feather signs, balloons, flags,
searchlights, strobe lights, beacons, inflatable signs, except as
specifically defined and permitted.
10. Any sign imitating an official traffic control sign and any sign or device
obscuring one or more traffic control signs or devices. Any sign which is
structurally unsafe, unsafely installed, or otherwise hazardous to
physical safety.
Midpoint of SignMidpoint of Sign
RESOLUTION 2021-02 PAGE 22
11. Signs not authorized by the property owner, except as specifically
permitted.
F. Illumination.
1. Temporary signs shall not be illuminated.
2. Sign illumination, where allowed, shall be in conformance with
provisions of Chapter 8, Outdoor Lighting Control, of the Zoning
Ordinance.
3. When externally illuminated, the source of a sign’s illumination shall not be visible from any adjacent residential streets or neighborhoods.
4. No illuminated sign shall be placed or constructed on a vacant or
undeveloped lot or parcel.
5. The following types of illumination are prohibited:
a. Flashing, blinking, or rotating lights;
b. Metal halide lighting; c. High- or low-pressure sodium light bulbs; and,
d. Mercury vapor light sources.
6. See Section 6.08 C. for luminance standards for electronic message
centers.
G. Design Guidelines and Standards for Signs and Sign Structures 1. Permanent signs and sign structures should:
a. Be designed to be attractive and artistic;
b. Incorporate design features associated with the buildings or
structures, and should constitute an architectural component of
the overall development that is compatible with, and not
incongruous to, the architectural style and character of the
development of the property associated with the sign; and,
c. Utilize materials and design themes consistent with the
architectural design theme of the development, as expressed by
the building architecture, landscaping, and overall site
development.
2. Permanent signs and sign structures:
a. Shall be mounted so that the attachment device is not visible.
b. Letters attached or anchored to the face of an exposed standard
raceway should be architecturally designed and integrated into
the building.
c. Raceways shall either:
i. Be finished to match the color of the building adjacent to the raceway and design elements of the building, or
ii. When a raceway is provided as an architectural
enhancement to the building elevation, the raceway must
be in a contrasting color and material.
3. Temporary signs shall be made of durable materials and properly maintained in good repair.
RESOLUTION 2021-02 PAGE 23
Section 6.08 Sign Requirements and Allowances
A. Sign Types. The following sign types are allowed in Fountain Hills.
1. A-frame and T-frame signs. a. Zoning/Use:
i. Single-family and multi-family residential zoning districts
only when in compliance with Section 6.08 D.
ii. Commercial or industrial zoning districts; and,
iii. PAD’s with commercial or industrial uses.
b. Size/Height: Maximum sign area is six (6) square feet. Maximum
sign height is three (3) feet.
c. Number:
i. In single-family and multi-family districts, as allowed by
Section 6.08 D.
ii. One per business in commercial or industrial districts. d. Location: Shall not be used as an off-premises sign, except when
used as a Residential Directional Sign or as provided below:
i. On property held in common by members of a property
owner’s association.
ii. On property owned by the business owner’s landlord.
iii. Along a public street subject to:
1. Shall not be located on the paved portion of any
public street, any sidewalk, or in any median.
2. Shall not be located within a designated parking or
loading area.
3. Shall not be located in a manner that poses a traffic
vision hazard. 4. Shall not be located within a public right-of-way.
OR
4. Must be placed at least fifteen (15) feet behind the
back of curb or from the edge of payment when
there is no curb.
iv. Landscaping cannot be modified or damaged to
accommodate an A-frame sign.
e. Miscellaneous requirements:
i. Attachments to A-frame signs are limited to not more than
four (4) balloons or flags, no more than one (1) square foot
in size, flown no higher than six (6) feet from the ground. 2. Awning or Canopy Sign.
a. Zoning/Use:
i. Permitted non-residential uses in a residential zoning
district;
ii. An apartment building in a multi-family zoning district;
iii. Commercial or industrial zoning districts; and,
iv. PAD’s with similar uses.
b. Size/Height:
i. A sign placed on the side or face of an awning or canopy
may not exceed 25% of the area of the face of the awning
or canopy on which the sign is placed.
RESOLUTION 2021-02 PAGE 24
ii. A sign placed on top of a canopy may not exceed one (1)
sq. ft. of area for each linear foot of the length of the
canopy on the side containing the sign for single
occupancies and for the length of the occupancy for
multiple occupancy buildings.
c. Number: One (1) sign per occupancy.
d. Location: On an approved canopy.
e. Miscellaneous requirements: i. When placed on top of a canopy, must consist of individual
alphanumeric characters only.
3. Balloons.
a. Zoning/Use:
i. Permitted non-residential uses in residential zoning
districts; ii. Commercial or industrial zoning districts; and,
iii. PAD’s with similar uses.
b. Size/Height: No balloon shall be bigger than twenty-four (24)
inches in diameter and can be no higher than six (6) feet from
the ground. c. Number: N/A
d. Location:
i. When part of a business, within the area leased by the
business.
ii. When adjacent to a building, not more than four (4) feet
from the face of the building and within twenty (20) feet of
the main building entrance.
iii. When attached to an authorized temporary sign, in
locations where the temporary signs are permitted.
iv. Shall not be displayed within the perimeter landscape area.
v. Shall not encroach within onsite fire lanes.
vi. Shall not be attached to or hung from a tree or shrub.
vii. Shall not be erected at the intersection of any street or
pedestrian walkway in such a manner as to obstruct free
and clear vision, or at any location where, by its position,
shape or color, it may interfere with or obstruct the view
of or be confused with any authorized traffic signal, sign or
device. e. Miscellaneous Requirements:
i. Balloons must be tethered to a secure location that
prevents high winds from removing the balloon or causing
it to create an obstruction.
ii. May be displayed for a maximum of thirty (30) days per calendar year. Additional days may be approved through
approval of a Temporary Use Permit.
4. Banners.
a. Zoning/Use:
i. Permitted non-residential uses in residential zoning
districts;
RESOLUTION 2021-02 PAGE 25
ii. Apartment complexes containing more than twenty (20)
units in multi-family or commercial zoning districts;
iii. Commercial or industrial zoning districts; and,
iv. PAD’s with similar uses.
b. Size/Height: Maximum sign area shall be thirty-two (32) square
feet.
c. Number: One (1) per occupancy.
d. Location: i. Within the area owned or leased by the business or use.
ii. Shall not be displayed in any parking space, drive aisle or
the required perimeter landscape area.
iii. Shall not encroach within onsite fire lanes.
iv. Shall not be attached to or hung from a tree or shrub.
v. Shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free
and clear vision, or at any location where, by its position,
shape or color, it may interfere with or obstruct the view
of or be confused with any authorized traffic signal, sign or
device. e. Miscellaneous Requirements:
i. A Banner Permit must be obtained from the Development
Services Department prior to display of a banner sign.
ii. Banners must be affixed to a secure location that prevents
high winds from removing the banner or causing it to
create an obstruction.
iii. May be displayed for a maximum of thirty (30) days per
calendar year. Additional days may be approved through
approval of a Temporary Use Permit.
5. Building Wall Sign.
a. Zoning/Use:
i. Permitted non-residential uses in residential zoning
districts;
ii. Apartments complexes containing more than twenty (20)
units in multi-family or commercial zoning districts;
iii. Commercial or industrial zoning districts; and,
iv. PAD’s with similar uses.
b. Size/Height: i. One and one-half (1.5) square-foot of sign area is allowed
for each lineal foot of occupancy frontage along a street.
All occupancies with an exterior wall are allowed a
minimum of twenty-four (24) square feet of signage. The
maximum allowed sign area for an individual sign is one hundred (100) square feet.
ii. Corner buildings may transfer up to 25% of the area from
one building frontage to the other if the angle of the
building at the corner is between forty-five degrees (45˚)
and ninety degrees (90˚). Each side of corner buildings
with building frontages less than forty-five degrees (45˚) and between ninety degrees (90˚) and one hundred eighty
RESOLUTION 2021-02 PAGE 26
degrees (180˚) shall be considered as one frontage and
may not transfer sign area.
iii. Sign area must allow a minimum of a two (2) foot border
from the edge of the building or suite frontage, or a
minimum two (2) foot separation between signs,
whichever is greater.
c. Number: One sign for each fifty (50) feet of occupancy per street
frontage, or portion thereof. d. Location: Shall not be located in manner that is prohibited in
Section 6.07 B. 2. h – l.
e. Miscellaneous Requirements:
i. Each wall sign may project no more than twelve (12) inches
from the surface of the wall to which is it attached.
ii. Reverse pan channel letters with halo illumination must not exceed a one and three-quarter (1.75) inch separation
from the wall.
iii. In the C-2, C-3, and TCCD zoning districts, a building wall
sign may be added to a secondary entrance in addition to
total aggregate sign area if the following criteria are met: 1. Sign area shall not exceed 25% of the primary total
aggregate sign area.
2. The secondary entrance must not be visible from the
main public entrance.
3. The secondary entrance must face a rear parking
area, common area or public use frontage.
6. Drive-through Sign.
a. Zoning/Use: Commercial or industrial zoning districts or PAD with
similar uses.
b. Size/Height: Maximum sign area shall be twenty (20) square
feet. Maximum sign height is five (5) feet.
c. Number: Maximum of one (1) per drive-through lane.
d. Location:
i. Within five (5) feet of a drive-through lane.
ii. Cannot be readable from any public street or alley.
iii. Must be at least one hundred fifty (150) feet from any
residential zoning district or fully screened from residential
view by a masonry wall. e. Miscellaneous Requirements:
i. Minimum of four (4) square feet of landscaping per one (1)
square foot of sign area shall be provided at the base of
the sign.
7. Flags. a. Zoning/Use: Allowed in all zoning districts
b. Size/Height:
i. The maximum size of a flag is twenty-four (24) square feet
in residentially zoned property or property zoned PAD with
residential uses and sixty (60) square feet in all other
zoning districts.
RESOLUTION 2021-02 PAGE 27
ii. The maximum flagpole height is the height allowed in the
zoning district and Section 5.07 B. of the Zoning
Ordinance.
c. Number:
i. If hung from the side of a building, one (1) per unit or
tenant space.
ii. Each flagpole may contain up to two (2) flags.
d. Location: Flag poles must be located so that if the pole should fall, it will remain on the property containing the pole.
e. Miscellaneous Requirements:
i. Developed single-family lots may contain one flagpole.
ii. Model home complexes may have two (2) flagpoles on one
(1) lot and one (1) flagpole on additional lots up to a
maximum of five (5) flagpoles. iii. All other properties may have up to two (2) flagpoles.
iv. The length of the flag, which is the longer side of the flag
that is perpendicular to the flagpole, shall not exceed one-
third (1/3) of the in-ground pole height.
v. May be hung on the side of a building only on national or state holidays.
8. Freestanding Wall/Fence Sign.
a. Zoning/Use:
i. Subdivision entry feature for single-family and multi-family
developments in all residential zoning districts;
ii. Commercial or industrial zoning districts; and,
iii. PAD’s with similar uses.
b. Size/Height: Maximum sign area is twenty-four (24) square feet.
Maximum sign height is six (6) feet.
c. Number: One per development entry
d. Location: Part of or attached to a perimeter wall surrounding a
development.
e. Miscellaneous Requirements:
i. A minimum of two (2) square feet of landscape area per
one (1) square foot of sign area shall be provided at the
base of the sign.
ii. Sign area may be back-lit such that the source of
illumination is not visible; provided, however, that back-lit, non-opaque panels are not permitted.
iii. The text area of the sign may be illuminated by fully
shielded, ground mounted directional lighting.
9. Hanging or Under-Canopy Sign.
a. Zoning/Use: Any commercial or industrial zoning district and PAD’s with similar uses.
b. Size/Height: Maximum sign width is twenty-four (24) inches,
maximum sign height is twelve (12) inches. Minimum clearance
is at least eight (8) feet from the bottom of the sign to the
sidewalk or surface beneath the sign.
c. Number: One (1) per occupancy
RESOLUTION 2021-02 PAGE 28
d. Location: Under an awning or canopy associated with the
business or activity.
e. Miscellaneous Requirements:
i. If located over an abutting Town right-of-way, must obtain
an encroachment permit from the Town.
10. Monument Sign.
a. Zoning/Use:
i. Permitted non-residential uses in residential zoning districts;
ii. Entry feature into a subdivision in single-residence zoning
districts;
iii. Apartment or condominium complex containing more than
twenty (20) dwellings in multi-family zoning districts;
iv. Commercial or industrial zoning districts; and, v. PAD’s with similar uses.
b. Size/Height:
Table 6.08 B: Size and Height Allowances for Monument Signs
Zoning District Maximum Size Maximum Height
Single Residential 32 sq. ft. 6 feet
Multi-Residential 32 sq. ft. 8 feet
Commercial/Industrial 50 sq. ft. for an individual
sign.
12 feet
c. Number: One monument sign per lot or parcel for each full three
hundred (300) feet of street frontage.
d. Location: i. Along a street frontage, but not within a public right-of-
way.
ii. Must be separated from any other monument sign on the
same property by at least one hundred fifty (150) feet.
e. Miscellaneous Requirements:
i. A minimum of two (2) square feet of landscaping per one (1) square foot of sign area provided at the base of the
sign.
ii. Sign may be internally illuminated.
iii. Sign area may be back-lit such that the source of
illumination is not visible; provided, however, that back-lit,
non-opaque panels are not permitted.
iv. The text area of the sign may be illuminated by fully
shielded, ground mounted directional lighting.
11. On-site Directional Sign.
a. Zoning/Uses: Commercial or industrial zoning districts and PAD’s
with similar uses.
b. Size/Height: Maximum sign area is four (4) square feet.
Maximum sign height is five (5) feet.
c. Number: As needed.
RESOLUTION 2021-02 PAGE 29
d. Location: At least twenty (20) feet from a public street and within
five (5) feet of a driveway or drive aisle.
12. Post and Board Sign.
a. Zoning/Uses: Allowed in all zoning districts.
b. Size/Height:
i. Developed properties and undeveloped properties five (5)
acres or less in size the maximum sign area is six (6)
square feet. Maximum sign height is five (5) feet in residentially zoned property and eight (8) feet in non-
residentially zoned property.
ii. Undeveloped property more than five (5) acres in size
maximum sign area is thirty-two (32) square feet.
Maximum height is eight (8) feet.
c. Number: One (1) sign per street front. d. Location: Shall not be located within the public right-of way.
OR
d. Must be at least fifteen (15) feet behind the back of curb or edge
of pavement when there is no curb.
13. Projecting Sign. a. Zoning/Uses: Commercial or industrial zoning districts and PAD’s
with similar uses.
b. Size/Height: Maximum sign width is three and one-half (3.5)
feet. Maximum sign height is six (6) feet. Minimum clearance is
eight (8) feet from the bottom of the sign to the sidewalk or
surface beneath the sign.
c. Number: One per building.
d. Location: On the building outside the tenant space for which the
sign is located.
e. Miscellaneous Requirements:
i. If encroaching over an abutting Town right-of-way line,
must obtain an encroachment permit from the Town.
14. Sign Walkers.
a. Zoning/Uses: Commercial or industrial zoning districts and PAD’s
with similar uses.
b. Size/Height: Maximum sign area is five (5) square feet.
c. Number: One sign per business.
d. Location: i. If located in the right-of-way, a sign walker shall be
positioned behind the curb, or, if no curb is present, ten
(10) feet behind the edge of pavement.
ii. Sign walkers shall be positioned so as to not obstruct
vehicle sight lines and road “clear zones” established by the Town Engineer in accordance with traffic engineering
standards.
iii. Sign walkers shall not obstruct the free movement of
pedestrians on sidewalks.
iv. Sign walkers are not allowed in the medians of public or
private streets. e. Miscellaneous Requirements:
RESOLUTION 2021-02 PAGE 30
i. Sign walkers shall not erect or place tents, temporary
structures, umbrellas, chairs or stools anywhere within the
public right-of-way or on adjacent property.
15. Vehicle Sign:
a. Zoning/Uses: Commercial and industrial zoning districts and
PAD’s with similar uses.
b. Size/Height: N/A
c. Number: N/A d. Location: Vehicle must be parked in an authorized location and
in a lawful manner that is not distinct or different from the pre-
determined parking area design.
e. Miscellaneous Requirements:
i. The vehicle must be operable and currently registered per
Town Code. The primary purpose of the vehicle shall be in the operation of the business, e.g. transporting goods or
providing services, and not displaying a sign.
ii. Business or commercial vehicles displaying signage or
advertising as a normal part of business activity may be
parked in an off-street parking space adjacent to the business to which the vehicle relates as far from the public
right of way as possible. If the vehicle is visible from the
public right-of-way it shall not remain in the same parking
space for more than forty-eight (48) hours.
iii. Unless otherwise permitted, signs mounted, attached or
painted on trailers, boats, motor vehicles or any moveable
object placed on premises specifically to serve as additional
signage are prohibited; they shall not become additional,
permanent freestanding signs.
iv. No sign shall be erected or attached to any vehicle except
for signs that are magnetically attached to or permanently
painted or wrapped on the surface of a vehicle.
16. Window Sign:
a. Zoning/Uses: Commercial or industrial zoning districts and PAD’s
with similar uses.
b. Size/Height: May not cover more than fifty (50) percent of any
window.
c. Number: N/A d. Location: On a window or within six (6) feet behind a window
when intended to be viewed from outside the building.
e. Miscellaneous: May use neon signs for interior window displays
in commercial and industrial districts. The total amount of neon
signage for any one business shall be six (6) square feet. No more than two (2) neon signs shall be allowed for any business.
17. Yard Signs.
a. Zoning: Allowed in all zoning districts.
b. Size/Height: Maximum sign area is six (6) square feet in single-
family zoning districts and eight (8) square feet in all other zoning
districts. Maximum sign height is three (3) feet in single-family zoning districts and five (5) feet in all other zoning districts.
RESOLUTION 2021-02 PAGE 31
c. Number: One (1) sign per lot.
d. Location: Shall not be located within the public right-of-way.
OR
d. Must be at least fifteen (15) feet behind the back of curb or the
edge of pavement when there is no curb.
B. Electronic Message Centers. Electronic message centers (EMC) are permitted
in commercial and industrial zoning districts, and for permitted non-residential
uses in residential zoning districts consistent with the following requirements: 1. There shall be no moving or flashing green or red features that can be
mistaken as traffic control devices
2. Each message on the sign must be displayed a minimum of eight (8)
seconds.
3. EMC shall contain static messages only and shall not have movement,
or the appearance or optical illusion of movement of any part of the sign structure, design or pictorial segment of the sign, including movement
or appearance of movement or any illumination of the flashing,
scintillating or varying of light intensity.
4. Message change is allowed through fade, dissolve, travel, or scrolling
modes not to exceed two (2) seconds in transition. 5. When a business is closed, the sign may continue to be lit, but may only
display a static message.
6. Nighttime allowances: From one (1) hour after official sunset until one
(1) hour before official sunrise, the maximum luminance level of any
EMC shall be 100 nits.
7. Measurement Criteria: The luminance of an electronic message center
shall be measured with a luminance meter set to measure candelas per
square meter (nits) traceable to a National Institute for Standards and
Technology (NIST) standard and using accepted professional practices
for measurement as established by the Development Services Director.
8. All permitted electronic message centers shall be equipped with a sensor
or other device that automatically determines the ambient illumination
and programmed to automatically dim according to ambient light
conditions, or that can be adjusted to comply with the 100 nits
maximum nighttime luminance requirement.
9. In the event a sign is found to be out of compliance with the luminance
levels required by this ordinance, the sign shall remain off until the sign
is brought into compliance.
RESOLUTION 2021-02 PAGE 32
C. Temporary Sign Allowances.
1. The aggregate temporary sign allowances per occupancy are as follows:
Table 6.08 D: Aggregate Temporary Sign Allowance by Use per Occupancy
Use
Maximum Total Area
for all Temporary
Signs
Maximum Number
of Signs per
Street Front
Minimum
Separation
Single-Family,
attached or detached
12 sq. ft. 2 N/A
Multi-Family, Office,
Non-residential in a
single-family district
32 sq. ft. 2 50-feet
Commercial 48 sq. ft. 3 75-feet
Industrial 64 sq. ft. 2 N/A
2. Construction on Undeveloped Property. Undeveloped properties with
valid building permits may display one (1) temporary sign not to exceed
eight (8) square feet in size and a maximum height of five (5) feet. The
sign must be on the construction site. The sign must be removed no
later than the date when the final inspection is completed.
D. Residential Directional Sign. These temporary signs are allowed subject to the
following requirements.
1. Allowed in all residential zoning districts and residential PAD’s and along
streets leading to the activity regardless of zoning.
2. Each single-family lot, condominium unit, or model home may place one
(1) sign anywhere on the property. Further, each single-family home,
condominium complex, or model home cluster may place one (1)
additional sign at each turning movement beginning at the subject
property out to a major street with a maximum of five (5) additional
signs.
3. Shall not be located within the public right-of-way. OR
3. Must be placed at least fifteen (15) feet behind the curb. If no curb is
present, signs shall be located at least fifteen (15) feet from the edge
of the paved portion of the public right of way. Shall not be placed 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.
4. Miscellaneous Requirements:
a. No sign may be attached to any utility pole or box, light pole,
street sign, bus shelter, or any structure within the public right-
of-way. b. Signs shall not damage any vegetation or rest against other
objects or vegetation.
ORDINANCE NO. 21-09
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE
TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE
FOUNTAIN HILLS ZONING ORDINANCE BY AMENDING
SECTION 1.12, DEFINITIONS, TO REMOVE ALL SIGN
DEFINITIONS; AND, BY REPEALING CHAPTER 6, SIGNS, AND
REPLACING IT WITH A NEW CHAPTER 6, SIGNS, BY
ADOPTING THE “2021 SIGN ORDINANCE” BY REFERENCE
ENACTMENTS:
NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. Amending Section 1.12, Definitions, of the Fountain Hills Zoning Ordinance as
follows:
…..
…..
Sign: Any device providing identification, advertising or directional information for a business,
service, product, person, organization, place, or building. Included in this definition, as signs are
graphic devices such as logos and attention-attracting items such as banners or logo sculptures.
Sign, Advertising: A sign which includes any copy and/or graphics relating to any business,
service, product, person, organization, place, or building in addition to simple identification,
excluding directional information.
Sign, Directional: A sign that does not contain either identification or advertising copy, but does
contain other helpful information, including assisting in the flow of traffic. See Chapter 6 for an
example.
Sign, Directory: A sign listing the names and/or uses, and/or locations of the various tenants or
activities within a building, or in a multi-tenant development, but not for the purpose of advertising
products, goods, or services.
Sign, Fascia: A sign, which is permanently affixed to the horizontal member or surface at the edge
of a projecting roof. See chapter 6 for an example.
Sign, Freestanding: A sign, which has its own supporting structure independent of the building or
business it identifies, or any product or service provided.
Sign, Fuel Price: A sign displaying the price(s) of fuel at a service.
Sign, Identification: A sign, which contains only the name of the business, person, organization,
place, service, product, or building at that location.
Sign, Ideological: A sign, which expresses, conveys, or advocates a noncommercial message.
Sign, Illuminated: A sign, which is lighted, either externally or internally.
Sign, Mansard & Parapet: A sign permanently affixed to a wall or surface not more than 20
degrees from vertical at the upper edge of a building and running parallel with the mansard roof
line or parapet upon which the sign is attached. For an example, see Chapter 6.
Sign, Menu Board: A sign displaying the bill of fare of a drive-in or drive-through restaurant.
Sign, Off-Premise Directional: A portable sign containing directional information to a destination
within the Towns' municipal boundary, which may only be located in specified areas of Town road
rights-of-way during specified times.
Sign, Political: A sign which expresses a position; conveys a message concerning, or advocates
a position on the candidacy of a person, party, or issue on an upcoming ballot.
ORDINANCE 21-09 PAGE 2
Sign, Roof: A sign affixed on, above, or over the roof of a building so that it projects above the
roofline. The top of a parapet wall shall be considered the roofline. The highest point of a mansard
roof shall be considered the roofline. Where a parapet wall is combined with a mansard roof, the
roofline shall be the top of the parapet.
Sign, Sandwich: A portable sign; one, which is not permanently affixed to a structure or
permanently ground-mounted. For an example, see Chapter 6.
Sign, Wall-Mounted: A sign, which is fastened to any vertical portion of a building.
Sign, Window: Any poster, cut-out letters, painted text or graphics, or other text or visual
presentation affixed to, or placed within six (6) feet behind a window pane, and is placed to be
read from the exterior of a building.
…..
…..
SECTION 2. That Chapter 6, SIGNS, of the Fountain Hills Zoning Ordinance is hereby repealed
and a new Chapter 6, SIGNS, adopted as a Public Document entitled “2021 Sign Ordnance” by
Resolution 2021-02, is adopted and made a part hereof as if fully set out in this ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County,
Arizona, this 18th day of May, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
___________________________________ __________________________________
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
____________________________________ __________________________________
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
ITEM 7. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/18/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): HOLD A PUBLIC HEARING AND
CONSIDER Ordinance 21-00 amending Section 5.07 B. of the Zoning Ordinance as it pertains to the types
of flags on flagpoles exempt from height requirements.
Staff Summary (background)
Section 5.07 of the Town's Zoning Ordinance requires buildings and structures to conform to the height
limits of hte various zoning districts. Subsection 5.07 B. provides for some exceptions to the
requirement to meet the height limits (e.g. church spires, water tanks, noncommercial radio antennas,
solar heating apparatus, chimneys, etc.). Number 7 in the list provides an exception for flagpoles, it
states:
B. Exceptions:
Height regulations established elsewhere in this ordinance shall not apply:
7. In any zoning district, one flagpole per lot flying the American Flag, Arizona State Flag
and/or the Town of Fountain Hills Flag 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 flying the American Flag, Arizona State
Flag and/or the Town of Fountain Hills Flag may be located per lot in a required front
yard or street side yard setback as long as the flagpole does not exceed the building height
permitted in the underlying zoning district.
Based on this ordinance provision, a property owner is allowed to erect one flagpole to a height
taller than the allowed maximum height allowed in the zoning district if the pole can be placed
on the property such that, if it were to fall, it would remain on the property and if the flag flown
on the flagpole is an American flag, an Arizona State flag, or a Town of Fountain Hills flag. This
section also allows owners of property zoned commercial or industrial to erect a flagpole within
the required front or street side yard if it is flying one of these three listed flags.
The ordinance, as currently written, gives the exceptions based on the message contained on
the flag (allowance is for three specific governmental flags). This exception creates two
problems. One is a general enforcement problem to pay attention to the flag being flown to
ensure it is always one of the listed flags, Second, based on the Supreme Court ruling that sign
ordinances have to be content neutral (the number and size of the flags allowed is regulated
through Chapter 6, Sign Regulations), it is the belief of staff and the Town's attorney that this
regulation is unconstitutional. The ordinance needs to either not allow an exception (i.e.
require that all flagpoles meet the height and location limits) or allow the height exception
without regulating the content of the flag (i.e. any flag would be allowed). Given that most flags
are for governmental entities, staff is processing this text amendment to remove the language
that refers to the type of flag.
The Sign Regulations (chapter 6 of the Zoning Ordinance) sets a limit on the number of
flagpoles and flags that can be placed on each pole. Section 5.07 B. of the Zoning Ordinance
simply allows for the stated height exceptions to the zoning district. The proposed new
language for Section 5.07 B. is:
7. In any zoning district, one flagpole per lot flying the American Flag, Arizona State Flag and/or
the Town of Fountain Hills Flag 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 flying the American Flag, Arizona State Flag and/or the
Town of Fountain Hills Flag may be located per lot in a required front yard or street side yard
setback as long as the flagpole does not exceed the building height permitted in the underlying
zoning district.
Related Ordinance, Policy or Guiding Principle
Current Zoning Ordinance Section 6.08 I (Flags)
Proposed Zoning Ordinance Section 6.08 A. 7. Flags
Risk Analysis
Not changing the ordinance could result in an enforcement issue based on a person having a flagpole
that exceeds the height limits and displaying a flag other than those listed in Section 5.07 B. 7.
Recommendation(s) by Board(s) or Commission(s)
The Planning and Zoning Commission reviewed this proposed text amendment at its regular meeting on
September 14, 2020. There were a few questions regarding the need to make this change and what the
impact would be. No citizens comments were received during the public hearing. The Commission
voted 4-2 to recommend approval of the ordinance as recommended by staff.
Staff Recommendation(s)
Staff recommends approval of Ordinance 21-10 as presented.
SUGGESTED MOTION
MOVE to adopt Ordinance 21-10.
Attachments
Ord 21-10
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Klein 05/03/2021 09:12 AM
Development Services Director (Originator)John Wesley 05/03/2021 04:13 PM
Town Attorney Aaron D. Arnson 05/03/2021 04:35 PM
Town Manager Grady E. Miller 05/10/2021 12:01 PM
Form Started By: John Wesley Started On: 04/15/2021 05:48 PM
Final Approval Date: 05/10/2021
ORDINANCE NO. 21-10
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE, CHAPTER 5, SECTION 5.07 B. 7. AS IT PERTAINS TO
EXCEPTIONS TO HEIGHT LIMITS FOR FLAGPOLES
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the “Town Council”) adopted
Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town
of Fountain Hills (the “Zoning Ordinance”); and
WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 5, General
Provisions, by amending Section 5.07 B., Exceptions, to modify item 7 regarding exceptions for
flagpoles to remove the limitation on the content of the flag; and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-
462.04, public hearings regarding this ordinance were advertised in the August 26, 2020,
September 2, 2020, April 28, 2021, and May 5, 2021 editions of the Fountain Hills Times; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on
September 14, 2020 and by the Town Council on May 18, 2021.
ENACTMENTS:
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Zoning Ordinance, Chapter 5, (General Provisions), Section 5.07 B., Exceptions
is amended as follows:
….
7. In any zoning district, one flagpole per lot flying the American Flag, Arizona State
Flag and/or the Town of Fountain Hills Flag so located and constructed if it should collapse,
its reclining length would be contained on the property on which it was constructed. In any
commercial or industrial zoning district, one flagpole flying the American Flag, Arizona State
Flag and/or the Town of Fountain Hills Flag may be located per lot in a required front yard or
street side yard setback as long as the flagpole does not exceed the building height permitted in
the underlying zoning district.
SECTION 3. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
for any reason held to be unconstitutional by the decision of any court of competent jurisdiction,
such decision shall not affect the validity of the remaining portions of this Ordinance.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby
authorized and directed to execute all documents and take all steps necessary to carry out the
purpose and intent of this Ordinance.
ORDINANCE 21-10 PAGE 2
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
18th day of May, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Town Attorney
ITEM 7. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/18/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Public Works
Prepared by: Justin Weldy, Public Works Director
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving
the Cooperative Purchasing Agreement 2021-052 with Climatec, LLC for replacing Fire Alarm Control
Panels in the Community Center, Library, and Museum.
Staff Summary (Background)
The fire panels located at the Community Center, Library, and Museum are over 18 years old. Most Fire
panels are manufactured to have a life span of 10 to 15 years. While many systems are in service for a
longer period of time, staff has provided maintenance, repairs and service on the system over the past
18 years to ensure safety and compliance with all applicable fire codes.
Fire panels replacement parts have become increasingly more costly and difficult to acquire due to
the manufacturer no longer supporting the current units. The fire alarm panels received a complete
audit and review two years ago that included a review of the following: infrastructure (interconnection
methodology) of control equipment; the condition of the installed cabling, the age, location, and model
numbers of the detection equipment; and the layout of the notification appliances. Additionally, the
audit noted any obsolete equipment, recalled equipment, or equipment that has no modern
replacement part due to age, size or function. As part of the audit, the system was inspected and tested
as well as checked the signals (phone/communication lines) from the Town fire alarm system to the
offsite monitoring service.
As a result of the audit findings, the fire alarm panels systems were identified as a high priority project in
the FY 20-21 Capital Improvement Program.
The new fire alarm system will be installed by June 30, 2020, ahead of the Community Center
renovation project so walls, paint scuffs, or other blemishes can be repaired addressed while the project
is underway. It is important to note that the cost of replacing the fire panels is $101,590 which
is greater than the $80,000 originally budgeted in the Capital Improvement Program; however, there
were savings of $35,000 from the HVAC controllers replaced earlier this year which will pay for the
additional cost of the fire alarm panel replacements along with an owner's allowance of 10 percent.
Climatec will complete all work associated with the replacement of the fire panels in the amount of
$101,590, which includes a 10% owner’s allowance or $10,159 to cover unforeseen issues.
Related Ordinance, Policy or Guiding Principle
Adopted Capital Improvement Program.
Risk Analysis
Not approving the Cooperative Purchasing Agreement with Climatec, LLC. will result in operating with
outdated, obsolete fire alarm panels which may negatively impact life and structure safety in the event
of a fire.
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval of the Cooperative Purchasing Agreement with Climatec.
SUGGESTED MOTION
MOVE to approve Cooperative Purchasing Agreement 2021-052 with Climatec, LLC for Fire Alarm
Control Panels in the Community Center and Library/Museum, in the amount of $111,749.00, which
includes a 10% owner’s allowance.
Fiscal Impact
Fiscal Impact:$111,749.00
Budget Reference:Page 299
Funding Source:Capital Projects
If Multiple Funds utilized, list here:N/A
Budgeted: if No, attach Budget Adjustment Form:N/A
Attachments
Professional Services Agreement 2021-052
Underlying Agreement
Scope and Fee
Form Review
Inbox Reviewed By Date
Public Works Director (Originator)Justin Weldy 05/04/2021 10:27 AM
Finance Director David Pock 05/04/2021 01:47 PM
Town Attorney Aaron D. Arnson 05/04/2021 01:58 PM
Town Manager Grady E. Miller 05/10/2021 11:55 AM
Form Started By: Justin Weldy Started On: 05/03/2021 03:27 PM
Final Approval Date: 05/10/2021
1
Contract No. 2021-052
COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND
CLIMATEC, LLC
THIS COOPERATIVE PURCHASING AGREEMENT (this “Agreement”) is entered into as of May 18, 2021, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”), and Climatec, LLC a Nevada limited liability company (the “Contractor”).
RECITALS
A. After a competitive procurement process, Mohave Educational Services, Inc. (“Mohave”), a non-profit political subdivision providing procurement services pursuant to A.R.S. 11-952 and A.R.S. 41-2632, entered into Contract No. 17L-CLIM-1115 dated November 15, 2017
as amended (collectively, the “Mohave Contract”) for the Contractor to provide fire and safety
inspections, products, and service solutions. A copy of the Mohave Contract is incorporated herein by reference, to the extent not inconsistent with this Agreement. B. The Town is permitted, pursuant to Section 3-3-27 of the Town Code and Section
10 of the Town Procurement Policy, to make purchases under the Mohave Contract at its discretion
and with the agreement of the awarded Contractor, and the Mohave Contract permits its cooperative use by other public entities, including the Town. C. The Town and the Contractor desire to enter into this Agreement for the purpose of
(i) acknowledging their cooperative contractual relationship under the Mohave Contract and this
Agreement, (ii) establishing the terms and conditions by which the Contractor may provide the Town with fire and safety inspections, products, and service solutions (the “Materials and Services”), and (iii) setting the maximum aggregate amount to be expended pursuant to this Agreement related to the Materials and Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Contractor hereby agree as follows:
1. Term of Agreement. This Agreement shall be effective as of the date first set forth
above and shall remain in full force and effect until May 18, 2022 (the “Initial Term”), unless terminated as otherwise provided in this Agreement or the Mohave Contract. After the expiration of the Initial Term, this Agreement may be renewed for up to one successive one-year term (the “Renewal Term”) if: (i) it is deemed in the best interests of the Town, subject to availability and appropriation of funds for renewal in each subsequent year, (ii) the term of the Mohave Contract
has not expired or has been extended, (iii) at least 30 days prior to the end of the then-current term of this Agreement, the Contractor requests, in writing, to extend this Agreement for an additional
2
one-year term and (iv) the Town approves the additional one-year term in writing (including any
price adjustments approved as part of the Mohave Contract), as evidenced by the Town Manager’s
signature thereon, which approval may be withheld by the Town for any reason. The Contractor’s failure to seek a renewal of this Agreement shall cause this Agreement to terminate at the end of the then-current term of this Agreement; provided, however, that the Town may, at its discretion and with the agreement of the Contractor, elect to waive this requirement and renew this
Agreement. The Initial Term and any Renewal Term(s) are collectively referred to herein as the
“Term.” Upon renewal, the terms and conditions of this Agreement shall remain in full force and effect.
2. Scope of Work. This is an indefinite quantity and indefinite delivery Agreement for Materials and Services under the terms and conditions of the Mohave Contract. The Town does not guarantee that any minimum or maximum number of purchases will be made pursuant to this Agreement. Purchases will only be made when the Town identifies a need and proper authorization
and documentation have been approved. For purchase(s) determined by the Town to be appropriate for this Agreement, the Contractor shall provide the Materials and Services to the Town in such quantities and configurations agreed upon between the parties, in a written invoice, quote, work order or other form of written agreement describing the work to be completed (each, a “Work Order”). Each Work Order approved and accepted by the parties pursuant to this Agreement shall
(i) contain a reference to this Agreement and the Mohave Contract and (ii) be attached hereto as Exhibit C and incorporated herein by reference. Work Orders submitted without referencing this Agreement and the Mohave Contract will be subject to rejection.
2.1 Inspection; Acceptance. All Materials and Services are subject to final inspection and acceptance by the Town. Materials failing to conform to the requirements of this Agreement and/or the Mohave Contract will be held at Contractor’s risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Upon discovery of a
non-conforming Materials or Services, the Town may elect to do any or all of the following by
written notice to the Contractor: (i) waive the non-conformance; (ii) stop the work immediately; or (iii) bring the Materials or Services into compliance and withhold the cost of same from any payments due to the Contractor.
2.2 Cancellation. The Town reserves the right to cancel Work Orders within a reasonable period of time after issuance. Should a Work Order be canceled, the Town agrees to reimburse the Contractor, but only for actual and documentable costs incurred by the Contractor
due to and after issuance of the Work Order. The Town will not reimburse the Contractor for any
costs incurred after receipt of Town notice of cancellation, or for lost profits, shipment of product prior to issuance of Work Order or for anything not expressly permitted pursuant to this Agreement. 3. Compensation. The Town shall pay Contractor an amount not to exceed
$111,749.00 at the rates set forth in Exhibit B, which sum includes a ten percent (10%) owner’s
allowance; the aggregate amount of this Agreement shall not exceed $131,749. 4. Payments. The Town shall pay the Contractor monthly, based upon acceptance and delivery of Materials and/or Services performed and completed to date, and upon submission and
approval of invoices. Each invoice shall (i) contain a reference to this Agreement and the Mohave
Contract and (ii) document and itemize all work completed to date. The invoice statement shall
3
include a record of materials delivered, time expended, and work performed in sufficient detail to
justify payment. Additionally, invoices submitted without referencing this Agreement and the
Mohave Contract will be subject to rejection and may be returned. 5. Records and Audit Rights. To ensure that the Contractor and its subcontractors are complying with the warranty under Section 6 below, Contractor’s and its subcontractors’ books,
records, correspondence, accounting procedures and practices, and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors’ employees who perform any work or services pursuant to this Agreement (all of the foregoing hereinafter referred to as “Records”), shall be open to inspection and subject to audit and/or reproduction during normal working hours by the Town, to the extent necessary to adequately
permit evaluation of the Contractor’s and its subcontractors’ compliance with the Arizona
employer sanctions laws referenced in Section 6 below. To the extent necessary for the Town to audit Records as set forth in this Section, Contractor and its subcontractors hereby waive any rights to keep such Records confidential. For the purpose of evaluating or verifying such actual or claimed costs or units expended, the Town shall have access to said Records, even if located at its
subcontractors’ facilities, from the effective date of this Agreement for the duration of the work
and until three years after the date of final payment by the Town to Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town with adequate and appropriate workspace so that the Town can conduct audits in compliance with the provisions of this Section. The Town shall give Contractor or its subcontractors reasonable advance notice of
intended audits. Contractor shall require its subcontractors to comply with the provisions of this
Section by insertion of the requirements hereof in any subcontract pursuant to this Agreement. 6. E-verify Requirements. To the extent applicable under ARIZ. REV. STAT. § 41- 4401, the Contractor and its subcontractors warrant compliance with all federal immigration laws
and regulations that relate to their employees and their compliance with the E-verify requirements
under ARIZ. REV. STAT. § 23-214(A). Contractor’s or its subcontractors’ failure to comply with such warranty shall be deemed a material breach of this Agreement and may result in the termination of this Agreement by the Town.
7. Israel. Contractor certifies that it is not currently engaged in and agrees for the
duration of this Agreement that it will not engage in a “boycott,” as that term is defined in ARIZ. REV. STAT. § 35-393, of Israel. 8. Conflict of Interest. This Agreement may be canceled by the Town pursuant to
ARIZ. REV. STAT. § 38-511.
9. Applicable Law; Venue. This Agreement shall be governed by the laws of the State of Arizona and a suit pertaining to this Agreement may be brought only in courts in Maricopa County, Arizona.
10. Agreement Subject to Appropriation. The Town is obligated only to pay its obligations set forth in this Agreement as may lawfully be made from funds appropriated and budgeted for that purpose during the Town’s then current fiscal year. The Town’s obligations under this Agreement are current expenses subject to the “budget law” and the unfettered
legislative discretion of the Town concerning budgeted purposes and appropriation of funds.
Should the Town elect not to appropriate and budget funds to pay its Agreement obligations, this
4
Agreement shall be deemed terminated at the end of the then-current fiscal year term for which
such funds were appropriated and budgeted for such purpose and the Town shall be relieved of
any subsequent obligation under this Agreement. The parties agree that the Town has no obligation or duty of good faith to budget or appropriate the payment of the Town’s obligations set forth in this Agreement in any budget in any fiscal year other than the fiscal year in which this Agreement is executed and delivered. The Town shall be the sole judge and authority in determining the
availability of funds for its obligations under this Agreement. The Town shall keep Contractor
informed as to the availability of funds for this Agreement. The obligation of the Town to make any payment pursuant to this Agreement is not a general obligation or indebtedness of the Town. Contractor hereby waives any and all rights to bring any claim against the Town from or relating in any way to the Town’s termination of this Agreement pursuant to this section.
11. Conflicting Terms. In the event of any inconsistency, conflict or ambiguity among the terms of this Agreement, any Town-approved work orders, the Mohave Contract, and invoices, the documents shall govern in the order listed herein. Notwithstanding the foregoing, and in conformity with Section 2 above, unauthorized exceptions, conditions, limitations or provisions in
conflict with the terms of this Agreement or the Mohave Contract (collectively, the “Unauthorized
Conditions”), other than the Town’s project-specific requirements, are expressly declared void and shall be of no force and effect. Acceptance by the Town of any work order or invoice containing any such Unauthorized Conditions or failure to demand full compliance with the terms and conditions set forth in this Agreement or under the Mohave Contract shall not alter such terms and
conditions or relieve Contractor from, nor be construed or deemed a waiver of, its requirements
and obligations in the performance of this Agreement. 12. Rights and Privileges. To the extent provided under the Mohave Contract, the Town shall be afforded all of the rights and privileges afforded to Mohave and shall be “Mohave” (as
defined in the Mohave Contract) for the purposes of the portions of the Mohave Contract that are
incorporated herein by reference.
13. Indemnification; Insurance. In addition to and in no way limiting the provisions set
forth in Section 12 above, the Town shall be afforded all of the insurance coverage and
indemnifications afforded to Mohave to the extent provided under the Mohave Contract, and such insurance coverage and indemnifications shall inure and apply with equal effect to the Town under this Agreement including, but not limited to, the Contractor’s obligation to provide the indemnification and insurance. In any event, the Contractor shall indemnify, defend and hold
harmless the Town and each council member, officer, employee or agent thereof (the Town and
any such person being herein called an “Indemnified Party”), for, from and against any and all losses, claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees, court costs and the costs of appellate proceedings) to which any such Indemnified Party may become subject, under any theory of liability whatsoever (“Claims”), insofar as such
Claims (or actions in respect thereof) relate to, arise out of, or are caused by or based upon the
negligent acts, intentional misconduct, errors, mistakes or omissions, in connection with the work or services of the Contractor, its officers, employees, agents, or any tier of subcontractor in the performance of this Agreement.
14. Notices and Requests. Any notice or other communication required or permitted to
be given under this Agreement shall be in writing and shall be deemed to have been duly given if (i) delivered to the party at the address set forth below, (ii) deposited in the U.S. Mail, registered
5
or certified, return receipt requested, to the address set forth below or (iii) given to a recognized
and reputable overnight delivery service, to the address set forth below:
If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268
Attn: Grady E. Miller, Town Manager
With copy to: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Az. 85268
Attn: Aaron D. Arnson, Town Attorney
If to Contractor: Climatec, LLC 2851 West Kathleen Road Phoenix, Arizona 85053
Attn: Doug Acosta
or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received: (i) when delivered to the party, (ii) three business days after being placed in the U.S.
Mail, properly addressed, with sufficient postage or (iii) the following business day after being
given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party, and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice. [SIGNATURES APPEAR ON FOLLOWING PAGES]
6
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
and year first set forth above.
“Town” TOWN OF FOUNTAIN HILLS,
an Arizona municipal corporation
________________________________ Grady E. Miller, Town Manager
ATTEST:
________________________________
Elizabeth A. Klein, Town Clerk APPROVED AS TO FORM:
________________________________ Aaron D. Arnson, Town Attorney (ACKNOWLEDGEMENT) STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA ) On ________________, 2021, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity
was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and
acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. ____________________________
Notary Public
(Affix notary seal here)
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
7
“Contractor”
CLIMATEC, LLC, a(n) Nevada limited liability company,
By: __________________________ Name: ________________________ Its: ___________________________
(ACKNOWLEDGEMENT)
STATE OF _____________ ) ) ss. COUNTY OF ___________ ) On ________________, 2021, before me personally appeared _____________________, the
________________ of CLIMATEC, LLC, a(n) Nevada limited liability company, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the limited liability company.
____________________________ Notary Public (Affix notary seal here)
4821-3446-8505, v. 2
EXHIBIT A TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND
CLIMATEC, LLC.
[Mohave Agreement]
See following pages
EXHIBIT B TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CLIMATEC, LLC.
[Scope/Quote]
See following pages
EXHIBIT C TO COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND CLIMATEC, LLC.
[Work Orders]
See following pages (to be added subsequent to execution).
Exhibit A
A CLIMATEC SOLUTION
Town of Fountain Hills Community Center - Fire System Upgrade
Prepared for
TOWN OF FOUNTAIN HILLS
4/28/2021
Presented by
Doug Acosta
Business Development Manager
Exhibit B
CLIMATEC SOLUTION PROPOSAL
TOWN HALL OF FOUNTAIN HILLS Steve Bartlett
16705 E. AVE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268
Project Address:
Community Center
Project Bid per: Plans: None Provided
Specs: Pricing per 1GPA Pricing Contract #16-04P-03.
Scope of Work:
Replace the existing Simplex Fire Alarm Control Panel and system components in the Community Center Building with a new EST-3 Fire Alarm
System with Voice Evacuation.
Existing wiring will be re-utilized where possible.
Climatec fire engineers will create plans in AutoCAD format for Town of
Fountain Hills permit application using owner provided building drawings in
.dwg format.
Climatec will obtain permit from and coordinate all testing and inspections
with the Town of Fountain Hills building department.
Additional Exclusions:
• Underground pathways between buildings.
• Shutdown wiring to HVAC units.
• Selective evacuation.
• Creation of system as-builts with existing circuit paths.
EXCLUSIONS
• After-hours labor.
• Mass notification speaker system.
• Emergency Call Boxes.
• Third-party duct detector certification.
• Duct detector installation.
• Underground conduit and cabling between new and existing buildings.
• 120 VAC by the electrical contractor.
• Patching and Painting.
• Conduit, j-boxes, racks, wire pathways by others.
• Knox Boxes by Others.
• Monitoring charges, telephone lines and communications for monitoring do not form part of this
proposal.
MATERIAL LIST
Qty Part No. Description
EST-3 w/Voice
Headend
FACP
1 3-CPU3 Central Processor Unit Module, Mounts to local rail at a dedicated location.
Takes two local rail module spaces. Supports 3-LCD(XL), 3-RS485A/B/R, 3-RS232.
1 3-RS232 RS-232 Communication Card. Mounts to the 3-CPU(1)(3) and provides two
separate isolated RS-232 ports.
1 3-RS485B Network Communications Card, Class B. Mounts to the 3-CPU(1) and supports
Class A/B Network and Class B Audio Data
1 3-SSDC1 Single Signature Driver Controller. Mounts to local rail and takes one LRM space.
Supports one loop of Signature devices up to 125 detector and 125 module
addresses. Supports one User Interface Module
1 3-MODCOM Modem / Communicator (DACT). Takes one local rail space
1 3-LCD Liquid Crystal Display Module. Mounts to 3-CPU(1).
1 3-PPS/M Primary Power Supply with Local Rail Module. 120V 50/60 Hz. Takes one Footprint
in wallbox and one local Rail module space. Supports one user interface
module. Provides 7 A at nominal 24V dc. Provides
1 3-BPS/M Booster Power Supply with Local Rail Module. 120V 50/60 Hz. Takes one Footprint
in wallbox and one local Rail module space. Supports one user interface module. Provides 7 amp at nominal 24V dc. Provid
1 3-ASU/4 Audio Source Unit with mounting Chassis, space for 4 local rail modules,
Microphone and Paging Controls
2 3-ZA40A Zoned Amplifier, 40 Watt, Class A/B. 40 Watt selectable for 25 or 70 Vrms Class
A/B Output. Mounts in 1 LRM space. Has built in Class A/B NAC rated at 3.5
Amps. Supports one user interface module.
1 3-12/S1GY LED Display/Control Module - 12 Switches, 1 Green, 1 Yellow LED per switch
2 3-CHAS7 Chassis Assembly. Fits in any Lobby or Remote Closet Cabinet except CAB5
Series. Provides space for up to seven LRMs. Rear space for up to two power
supplies.
5 3-LRMF Blank LRM Filler (plastic). Mount in blank LRM space.
8 3-FP Plastic Filler plate. One needed for each Display/Control module door where no LED/Switch modules are located. (280053)
1 3-CAB21B Wallbox with 3 Chassis Spaces
1 3-CAB21D Door for CAB21B Series Wallbox
2 12V40A 40Ah Sealed Lead Acid Battery - 12 Vdc. 7.7 inchl x 6.4 inchw x 6.9 inchh x 6.9
inchot
1 BC-1 Battery Cabinet for Up to 40Ah Max
1 E120V-GT E SERIES 120VAC SPD W/GAS TUBE120 VOLTS AC - PARALLEL DEVICE
1 SSU00689 SRD SYSTEM RECORD DOCS 4GB MEMRED/WHT CAT30 12X13X2.25ACE 11
FAAP
1 3-6ANN Six Position Base Annunciator. Includes Door, CPU card, two annunciator support
modules and five blank filler plates. Space provided for up to four
Control/Display Modules and one 3-LCD Liquid Crystal
1 6ANN/B Semi-flush Annunciator Wall Box
1 3-12/S1GY LED Display/Control Module - 12 Switches, 1 Green, 1 Yellow LED per switch
1 3-ANNSM Annunciator Support Module. Takes one space in Annunciator box. Supports one Control/Display module.
1 3-LRMF Blank LRM Filler (plastic). Mount in blank LRM space.
1 3-FP Plastic Filler plate. One needed for each Display/Control module door where no
LED/Switch modules are located. (280053)
1 3-REMICA Remote Mic. for use with 3-ANN Series Annunciators. Takes 2 spaces in 3-6ANN or
3-10ANN
Addressable Devices 2 SIGA-278 Manual Pull Station - Double Action, 1-stage
1 SIGA-CT1 Single Input Module. Single circuit input module for use with Normally Open
Contact devices. Four selectable personality codes for Alarm latching, or Alarm
Delayed latching, or non-latching monitor or
1 SIGA-CT2 Dual Input Module. Two circuit input module for use with Normally Open Contact devices. Four selectable personality codes (on each circuit) for Alarm latching, or Alarm Delayed latching, or non-latchi
9 SIGA-HRD Intelligent fixed temperature/Rate-of-rise heat detector.
9 SIGA-SB4 Detector Base - Standard, for 4 inch sq. box, includes -TS4 skirt
78 SIGA-PD Intelligent Optical Smoke Detector.
78 SIGA-SB4 Detector Base - Standard, for 4 inch sq. box, includes -TS4 skirt
HVAC Duct Smokes
10 SIGA-CRH Control Relay Module, DPDT, 7amp @ 120/240VAC, 6 amp @ 24vdc, UL, ULC,
CSFM, compatible w/ iO series, EST3x and EST3.
Notification Devices 1 BPS10A 10 Amp Booster Power Supply
1 SIGA-CC1S Single Input (Riser) Module with strobe synchronization output
2 12V6A5 Battery 6.5 AH, 12 Volt
42 G4HFWF-
S7VMC Genesis High Fidelity Wall Speaker-strobe, white, fire marking, 70V, visual multi-
candela, clear lens
2 GCHFWF-
S7VMC Genesis High Fidelity Ceiling Speaker-strobe, white, fire marking, 70V, visual multi-
candela, clear lens
Underground 1000 728110VNQ 16-02 UNS STR DB TC Quad
PROPOSAL COST SUMMARY
Security and Life Safety System Project Cost Breakout
Installation Investment
Material $27,306.11
Technician Install Labor $22,806.16
Engineered Drawings / Submittal $3,365.93
Programming / Inspections $4,453.89
Material Freight $279.64
Material Tax $1,603.27
Grand Total $59,815.00
By signing below, I accept this proposal and agree to the terms and conditions contained herein.
__________________________________________________________________________
Customer Name (Printed):
__________________________________________________________________________
Customer Signature:
__________________________________________________________________________
Date:
TERMS & CONDITIONS
The sale of Equipment & Services by Climatec to the Customer are subject to the following terms and conditions regardless of other terms and conditions in any purchase order, document, or other communication of Customer. This agreement may only be modified in writing signed by
authorized representative of both Climatec and Customer.
1. SCOPE OF WORK. This proposal is valid for 60 days from date of proposal. Beyond that time Climatec reserves the right to revise any or all portions of it. This proposal is based upon the use of straight time labor only unless stated otherwise in this proposal. Unless specifically noted in the statement of the scope of the work or services undertaken by Climatec under this agreement, Climatec’s obligations under this agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control, removal or disposal of environment Hazards or dangerous substances, to include but not to be limited to asbestos, PCBs, or mold discovered in or on the
premises. Proceeding with the scope of work defined in this agreement indicates acceptance of the terms & conditions of the agreement. 2. INVOICING & PAYMENTS. Climatec may invoice Purchaser for all materials delivered to the job site or to an off-site storage facility and for the work performed on-site and off-site. Purchaser agrees to pay Climatec amounts invoiced upon receipt of invoice. Waivers of lien will be furnished upon request, as the work progresses; to the extent payments are received. If Climatec’s invoice is not paid within 30 days of its issuance, it is delinquent and Climatec shall add 1% per month interest onto delinquent amounts. 3. WARRANTY. Climatec is not the manufacturer of the Equipment, Products or Software. To the extend legally and contractually permitted. Warranty period shall be 12 months from the date of delivery of the Equipment, Products or Software. For Equipment or Products installed by Climatec, if Purchaser provides written notice to Climatec of any such defects within thirty (30) days after the appearance or discovery of such defect, Climatec shall, at its option, repair or replace the defective equipment and return said equipment to Purchaser. CLIMATEC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, SUCH AS WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE OR NON-INFRINGMENT. CLIMATEC FURTHER DISCLAIMS THAT THESE WARRANTIES DO NOT EXTEND TO ANY EQUIPMENT DUE TO NORMAL WEAR AND TEAR OR TO EQUIPMENT WHICH HAS BEEN REPAIRED BY OTHERS, ABUSED, NEGLECTED, ALTERED, IMPROPERLY USED, DAMAGED (WHETHER CAUSED BY
ACCIDENT OR OTHERWISE), MODIFIED, USED FOR PURPOSES OTHER THAN MANUFACTURER’S INTENTION, OR WHICH HAS NOT BEEN PROPERLY AND REASONABLY MAINTAINED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. 4. INDEMNIFICATION. Customer shall indemnify, defend and hold Climatec harmless from any claims based on (i) Climatec compliance with Customer’s designs, specifications, instructions, (ii) modification of any Product by anyone other than Climatec (iii) negligent act or omission by Customer, (iv)breach of this agreement. UNDER NO CIRCUMSTANCES SHALL CLIMATEC, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY; DAMAGES CLAIMS BY ANY THIRD PARTY, WHETHER OR NOT THE CLAIMS ARE BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE; LOSS OF, DAMAGE TO, DATA; SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT DAMAGES, OR ANY ECONOMIC CONSEQUENITAL DAMAGES; OR LOST PROFITS, BUSINESS REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. 5. LIMITATION OF LIABILITY. Climatec’s entire liability to Customer in the aggregate is limited to Customer’s direct damages up to an amount not to exceed $100,000.
6. TAXES. The price of this proposal does not include duties, sale, use, excise or other similar taxes unless required by federal, state or local law or unless stated otherwise in this proposal. Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by Climatec
or, alternatively, shall provide Climatec with acceptable tax exemption certificates. 7. FORCE MAJEURE/DELAYS. Climatec shall not be liable for any delay or failure to fulfill its obligations under this agreement due to causes beyond its reasonable control resulting from or attributed to acts of circumstances beyond Climatec’s control, including but not limited to epidemics, pandemics, acts of God, man-made or natural disasters, medical crisis, criminal acts, transportation delays, Government required shut-downs, labor disputes, conditions of the premise, acts or omissions of the Purchaser, Owner or other Contractors or delays caused by an inability to
obtain labor (direct or subcontracted) or materials, products, equipment or software. If any product required to complete work becomes temporarily or permanently unavailable, Climatec shall (a) be excused from furnishing said materials or equipment, or (b) be reimbursed for the difference between the cost of the materials or equipment unavailable and the cost of an agreeable substitute therefore. 8. GENERAL: 1. Climatec and Customer shall comply with all applicable federal, state, and local laws and regulations. Permits required for the execution of the work shall be obtained and paid for by the Customer unless stated otherwise in this proposal. 2. All disputes involving more than $15,000 shall be resolved by arbitration in accordance with the rules of the American Arbitration
Association. The prevailing party shall recover all legal costs and attorney’s fees incurred as a result. Nothing here shall limit any rights under construction lien laws. 3. Insurance coverage in excess of Climatec’s standard limits will be furnished when requested and required and at Climatec’s discretion the costs of this additional insurance may be passed on to the Purchaser. No credit will be given or premium paid by Climatec for insurance afforded by others.
4. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act (OSHA) relating in any way to the project or project site.
5. The unenforceability of or invalidity of any of these terms or conditions will not affect the remainder of the terms & conditions. 6. This Agreement shall be governed in accordance with the laws of the State of Arizona. 7. Climatec and Customer agree that electronic signatures may be used and will be legally valid, effective and enforceable.
A CLIMATEC SOLUTION
Town of Fountain Hills Library - Fire System Upgrade
Prepared for
TOWN OF FOUNTAIN HILLS
4/28/2021
Presented by
Doug Acosta
Business Development Manager
CLIMATEC SOLUTION PROPOSAL
TOWN HALL OF FOUNTAIN HILLS Steve Bartlett
16705 E. AVE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268
Project Address:
Fountain Hills Library
Project Bid per: Plans: None Provided
Specs: Pricing per 1GPA Pricing Contract #16-04P-03.
Scope of Work:
Replace the existing Simplex Fire Alarm Control Panel and system components in the Library Building with new EST-3 Fire Alarm System. Existing
wiring will be re-utilized wherever possible. Climatec fire engineers will
create plans in AutoCAD format for Town of Fountain Hills permit application
using owner provided building drawings in .dwg format. Climatec will obtain
permit from and coordinate all testing with the Town of Fountain Hills
building department.
Additional Exclusions:
• Underground pathways between buildings.
• Shutdown wiring to HVAC units.
• Selective evacuation.
• Creation of system as-builts with existing circuit paths.
EXCLUSIONS
• After-hours labor.
• Mass notification speaker system.
• Emergency Call Boxes.
• Third-party duct detector certification.
• Duct detector installation.
• Underground conduit and cabling between new and existing buildings.
• 120 VAC by the electrical contractor.
• Patching and Painting.
• Conduit, j-boxes, racks, wire pathways by others.
• Knox Boxes by Others.
• Monitoring charges, telephone lines and communications for monitoring do not form part of this proposal.
MATERIAL LIST
Qty Part No. Description
EST-3 w/Voice
Headend
FACP
1 3-CPU3 Central Processor Unit Module, Mounts to local rail at a dedicated location. Takes two local rail module spaces. Supports 3-LCD(XL), 3-RS485A/B/R, 3-RS232.
1 3-RS232 RS-232 Communication Card. Mounts to the 3-CPU(1)(3) and provides two
separate isolated RS-232 ports.
1 3-RS485B Network Communications Card, Class B. Mounts to the 3-CPU(1) and supports
Class A/B Network and Class B Audio Data
1 3-SSDC1 Single Signature Driver Controller. Mounts to local rail and takes one LRM space. Supports one loop of Signature devices up to 125 detector and 125 module
addresses. Supports one User Interface Module
1 3-
MODCOM Modem / Communicator (DACT). Takes one local rail space
1 3-LCD Liquid Crystal Display Module. Mounts to 3-CPU(1).
1 3-PPS/M Primary Power Supply with Local Rail Module. 120V 50/60 Hz. Takes one Footprint in
wallbox and one local Rail module space. Supports one user interface module. Provides 7 A at nominal 24V dc. Provides
2 3-CHAS7 Chassis Assembly. Fits in any Lobby or Remote Closet Cabinet except CAB5 Series. Provides space for up to seven LRMs. Rear space for up to two power supplies.
5 3-LRMF Blank LRM Filler (plastic). Mount in blank LRM space.
8 3-FP Plastic Filler plate. One needed for each Display/Control module door where no
LED/Switch modules are located. (280053)
1 3-CAB21B Wallbox with 3 Chassis Spaces
1 3-CAB21D Door for CAB21B Series Wallbox
2 12V40A 40Ah Sealed Lead Acid Battery - 12 Vdc. 7.7 inchl x 6.4 inchw x 6.9 inchh x 6.9 inchot
1 E120V-GT E SERIES 120VAC SPD W/GAS TUBE120 VOLTS AC - PARALLEL DEVICE
1 SSU00689 SRD SYSTEM RECORD DOCS 4GB MEMRED/WHT CAT30 12X13X2.25ACE 11
Annunciator
1 3-LCDANN Remote LCD Command Module Annunciator. Includes LCD display, CPU and
Doors. Order surface or semi-flush mount wallbox separately.
1 RLCM/B Semi-flush Wall Box - for Remote LCD Command Module
Addressable Devices 3 SIGA-278 Manual Pull Station - Double Action, 1-stage
2 SIGA-CT2 Dual Input Module. Two circuit input module for use with Normally Open Contact
devices. Four selectable personality codes (on each circuit) for Alarm latching, or
Alarm Delayed latching, or non-latchi
3 SIGA-HRD Intelligent fixed temperature/Rate-of-rise heat detector.
3 SIGA-SB4 Detector Base - Standard, for 4 inch sq. box, includes -TS4 skirt
57 SIGA-PD Intelligent Optical Smoke Detector.
57 SIGA-SB4 Detector Base - Standard, for 4 inch sq. box, includes -TS4 skirt
HVAC Duct Smokes
10 SIGA-CRH Control Relay Module, DPDT, 7amp @ 120/240VAC, 6 amp @ 24vdc, UL, ULC,
CSFM, compatible w/ iO series, EST3x and EST3.
Notification Devices
1 BPS10A 10 Amp Booster Power Supply
1 SIGA-CC1S Single Input (Riser) Module with strobe synchronization output
2 12V6A5 Battery 6.5 AH, 12 Volt
27 G1F-HDVM Multi-cd temporal horn-strobe, hi/lo dB - 24V, White w/FIRE
27 G1T Genesis 1-gang to 4 inch Trim, White.
3 G1F-VM Multi-cd strobe - 24V, White w/FIRE
3 G1T Genesis 1-gang to 4 inch Trim, White.
4 GCF-
HDVM Ceiling mount horn-strobe, multi-cd (15/30/75/95cd), temporal hi/lo dB output, 24V
- White w/FIRE
PROPOSAL COST SUMMARY
Security and Life Safety System Project Cost Breakout
Installation Investment
Material $17,828.04
Technician Install Labor $17,676.88
Engineered Drawings / Submittal $2,621.54
Programming / Inspections $2,454.24
Material Freight $151.56
Material Tax $1,042.74
Grand Total $41,775.00
By signing below, I accept this proposal and agree to the terms and conditions contained herein.
__________________________________________________________________________
Customer Name (Printed):
__________________________________________________________________________
Customer Signature:
__________________________________________________________________________
Date:
TERMS & CONDITIONS
The sale of Equipment & Services by Climatec to the Customer are subject to the following terms and conditions regardless of other terms and conditions in any purchase order, document, or other communication of Customer. This agreement may only be modified in writing signed by
authorized representative of both Climatec and Customer.
1. SCOPE OF WORK. This proposal is valid for 60 days from date of proposal. Beyond that time Climatec reserves the right to revise any or all portions of it. This proposal is based upon the use of straight time labor only unless stated otherwise in this proposal. Unless specifically noted in the statement of the scope of the work or services undertaken by Climatec under this agreement, Climatec’s obligations under this agreement expressly exclude any work or service of any nature associated or connected with the identification, abatement, clean up, control, removal or disposal of environment Hazards or dangerous substances, to include but not to be limited to asbestos, PCBs, or mold discovered in or on the
premises. Proceeding with the scope of work defined in this agreement indicates acceptance of the terms & conditions of the agreement. 2. INVOICING & PAYMENTS. Climatec may invoice Purchaser for all materials delivered to the job site or to an off-site storage facility and for the work performed on-site and off-site. Purchaser agrees to pay Climatec amounts invoiced upon receipt of invoice. Waivers of lien will be furnished upon request, as the work progresses; to the extent payments are received. If Climatec’s invoice is not paid within 30 days of its issuance, it is delinquent and Climatec shall add 1% per month interest onto delinquent amounts. 3. WARRANTY. Climatec is not the manufacturer of the Equipment, Products or Software. To the extend legally and contractually permitted. Warranty period shall be 12 months from the date of delivery of the Equipment, Products or Software. For Equipment or Products installed by Climatec, if Purchaser provides written notice to Climatec of any such defects within thirty (30) days after the appearance or discovery of such defect, Climatec shall, at its option, repair or replace the defective equipment and return said equipment to Purchaser. CLIMATEC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, SUCH AS WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE OR NON-INFRINGMENT. CLIMATEC FURTHER DISCLAIMS THAT THESE WARRANTIES DO NOT EXTEND TO ANY EQUIPMENT DUE TO NORMAL WEAR AND TEAR OR TO EQUIPMENT WHICH HAS BEEN REPAIRED BY OTHERS, ABUSED, NEGLECTED, ALTERED, IMPROPERLY USED, DAMAGED (WHETHER CAUSED BY
ACCIDENT OR OTHERWISE), MODIFIED, USED FOR PURPOSES OTHER THAN MANUFACTURER’S INTENTION, OR WHICH HAS NOT BEEN PROPERLY AND REASONABLY MAINTAINED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO CUSTOMER. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. 4. INDEMNIFICATION. Customer shall indemnify, defend and hold Climatec harmless from any claims based on (i) Climatec compliance with Customer’s designs, specifications, instructions, (ii) modification of any Product by anyone other than Climatec (iii) negligent act or omission by Customer, (iv)breach of this agreement. UNDER NO CIRCUMSTANCES SHALL CLIMATEC, ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY OF THE FOLLOWING, EVEN IF INFORMED OF THEIR POSSIBILITY; DAMAGES CLAIMS BY ANY THIRD PARTY, WHETHER OR NOT THE CLAIMS ARE BASED IN
CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE; LOSS OF, DAMAGE TO, DATA; SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INDIRECT DAMAGES, OR ANY ECONOMIC CONSEQUENITAL DAMAGES; OR LOST PROFITS, BUSINESS REVENUE, GOODWILL, OR ANTICIPATED SAVINGS. 5. LIMITATION OF LIABILITY. Climatec’s entire liability to Customer in the aggregate is limited to Customer’s direct damages up to an amount not to exceed $100,000.
6. TAXES. The price of this proposal does not include duties, sale, use, excise or other similar taxes unless required by federal, state or local law or unless stated otherwise in this proposal. Purchaser shall pay, in addition to the stated price, all taxes not legally required to be paid by Climatec
or, alternatively, shall provide Climatec with acceptable tax exemption certificates. 7. FORCE MAJEURE/DELAYS. Climatec shall not be liable for any delay or failure to fulfill its obligations under this agreement due to causes beyond its reasonable control resulting from or attributed to acts of circumstances beyond Climatec’s control, including but not limited to epidemics, pandemics, acts of God, man-made or natural disasters, medical crisis, criminal acts, transportation delays, Government required shut-downs, labor disputes, conditions of the premise, acts or omissions of the Purchaser, Owner or other Contractors or delays caused by an inability to
obtain labor (direct or subcontracted) or materials, products, equipment or software. If any product required to complete work becomes temporarily or permanently unavailable, Climatec shall (a) be excused from furnishing said materials or equipment, or (b) be reimbursed for the difference between the cost of the materials or equipment unavailable and the cost of an agreeable substitute therefore. 8. GENERAL: 1. Climatec and Customer shall comply with all applicable federal, state, and local laws and regulations. Permits required for the execution of the work shall be obtained and paid for by the Customer unless stated otherwise in this proposal. 2. All disputes involving more than $15,000 shall be resolved by arbitration in accordance with the rules of the American Arbitration
Association. The prevailing party shall recover all legal costs and attorney’s fees incurred as a result. Nothing here shall limit any rights under construction lien laws. 3. Insurance coverage in excess of Climatec’s standard limits will be furnished when requested and required and at Climatec’s discretion the costs of this additional insurance may be passed on to the Purchaser. No credit will be given or premium paid by Climatec for insurance afforded by others.
4. The Parties hereto agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act (OSHA) relating in any way to the project or project site.
5. The unenforceability of or invalidity of any of these terms or conditions will not affect the remainder of the terms & conditions. 6. This Agreement shall be governed in accordance with the laws of the State of Arizona. 7. Climatec and Customer agree that electronic signatures may be used and will be legally valid, effective and enforceable.
ITEM 7. E.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/18/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Community Services
Prepared by: Patti Lopuszanski, Executive Assistant
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF Resolution
2021-12 Decommissioning and Removing Town-Owned Artwork from Public Display.
Staff Summary (background)
The Fountain Hills Public Art Program was founded in October 1994 when the Town and the Fountain
Hills Cultural and Civic Association commissioned a community cultural assessment sponsored by the
Arizona Commission on the Arts. Nearly 50 citizens participated in either the open forum or via
collected surveys. The community’s strengths and challenges were discussed and specific needs were
identified, including:
The need for a cultural center facility with performance, gallery and meeting space.1.
A need for an Arts Council to provide leadership for cultural growth.2.
A need to integrate the arts in community design and planning.3.
On September 4, 1997, the Town Council adopted Resolution No. 1997-44 designating the Arts Council,
then a committee of the Civic Association, as the official representative of the Town in all matters
dealing with the promotion of public arts within the Town of Fountain Hills. In March 2020, the Town
Council approved Resolution 2020-07 adopting an updated version of the Town of Fountain Hills Master
Art Plan, proposed and endorsed by the Public Art Committee.
The Community Center is undergoing preparations for renovations and updates, which include a
remodel of both the men's and women's restroom facilities. The artwork entitled, "Mural in the Ladies
Restroom," is currently featured on the wall of the women's restroom. Artist Megan Junk painted the
mural over 20 years ago as a whimsical element to decorate the facility when it first opened in 2001.
Due to the mural being painted directly on the drywall, there is no option to remove or relocate the
work.
On Monday, May 3, 2021, the Public Art Committee voted unanimously to decommission the mural,
following the Decommissioning Policy, which states: "A work of art may be considered for removal from
public display and/or decommissioned under certain conditions." Such conditions are noted in section 6
which indicates that decommissioning and removal are appropriate where no suitable site for the work
is available, or where significant changes in the use or character of design of the site affect the integrity
of the work. The artist has been notified and photos will be taken to document and archive the mural.
Related Ordinance, Policy or Guiding Principle
The Decommissioning Policy is contained in the Public Art Master Plan adopted by Resolution 2020-07
and allows public art to be removed for public display as follows:
"A work of art may be considered for removal from public display and/or decommissioned under
certain conditions, including- No suitable site for the work is available, or significant changes in
the use or character of design of the site affect the integrity of the work."
Risk Analysis
The decommissioning and removal of the art piece has no associated public or financial risk.
Recommendation(s) by Board(s) or Commission(s)
On May 3, 2021, the Public Art Committee voted unanimously to decommission the "Mural in the Ladies
Restroom."
Staff Recommendation(s)
The Public Art Committee and staff recommend the adoption of Resolution 2021-12.
SUGGESTED MOTION
MOVE to adopt Resolution 2021-12.
Attachments
Res 2021-12
Public Art Master Plan
Mural
Form Review
Inbox Reviewed By Date
Town Clerk Elizabeth A. Klein 05/04/2021 08:02 AM
Community Services Director Rachael Goodwin 05/04/2021 08:45 AM
Town Attorney Aaron D. Arnson 05/04/2021 09:48 AM
Town Manager Grady E. Miller 05/10/2021 10:31 AM
Form Started By: Patti Lopuszanski Started On: 04/28/2021 10:06 AM
Final Approval Date: 05/10/2021
RESOLUTION 2021-12
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DECOMMISSIONING AND REMOVING FROM
PUBLIC DISPLAY CERTAIN TOWN-OWNED ARTWORK
RECITALS:
WHEREAS, the Town of Fountain Hills (the “Town”) owns and maintains a public art collection,
with individual works of art located throughout the Town; and
WHEREAS, the Town has adopted the Public Art Master Plan, as amended, to serve as a guide
for the acquisition, maintenance, and disposition of works of art by the Town; and
WHEREAS, pursuant to the Town of Fountain Hills Public Art Master Plan, Section X –
Decommissioning Policy (the “Decommissioning Policy”), a work of art may be considered for
removal from public display and/or decommissioning under certain conditions, including when no
suitable site for the work is available, or significant changes in the use or character of design of
the site affect the integrity of the work; and
WHEREAS, that certain work of art that is part of the Town’s public art collection titled “Mural in
the Ladies Restroom” (the “Artwork”) is located on the wall of the restroom facilities in the Town’s
Community Center; and
WHEREAS, the Town intends to undertake remodeling and repainting work in the Community
Center restroom facilities, which remodeling and repainting will result in no suitable site for the
work being available and/or significant changes in the use or character of design of the site will
affect the integrity of the Artwork; and
WHEREAS, as required by the Decommissioning Policy, the Fountain Hills Public Art Committee
of the Fountain Hills Cultural and Civic Association at its May 3, 2021 meeting approved the
decommissioning and removal of the Artwork; and
WHEREAS, the terms of the Decommissioning Policy have been satisfied in all material respects
or to the extent reasonably possible as pertaining to the decommissioning of the Artwork; and
WHEREAS, in consideration of the above recitals, the Mayor and Town Council of the Town of
Fountain Hills (the “Town Council”) has determined it is necessary and in the best interest of the
Town to decommission the Artwork and to remove the Artwork from public display.
ENACTMENTS:
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1. The recitals above are incorporated as if fully set forth herein.
SECTION 2. The Artwork is decommissioned and shall be removed from public display, whether
through sale, exchange, or any other means of disposal as may be reasonably necessary, as
determined by Town staff.
RESOLUTION 2021-12 PAGE 2
SECTION 3. The Mayor, the Town Manager, the Town Clerk, and the Town Attorney are hereby
authorized and directed to take all steps necessary to carry out the purpose and intent of this
Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this
18th day of May, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor Elizabeth A. Klein, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
Grady E. Miller, Town Manager Aaron D. Arnson, Pierce Coleman PLLC
Town Attorney
Town of Fountain Hills Public Art Master Plan
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I. INTRODUCTION & BACKGROUND
History of Public Art
Public art has long played an important role in expressing the identity of a culture. In many
cases, public art is the legacy by which we remember an ancient culture. Public art has been a
part of the American landscape since Colonial times, but it wasn’t until the middle of the 20th
century that comprehensive public art programs emerged.
After the establishment of the National Endowment for the Arts in 1965, the field of public art
underwent significant change. As more and more cities adopted “percent for art” ordinances,
public art has evolved from a process that placed large-scale versions of studio sculpture in
unrelated spaces into the broader understanding that art may take various forms, including being
routinely integrated into the surroundings it is placed in, often becoming part of building or
structure itself.
In cities like Seattle, Philadelphia, Los Angeles, Miami and others, artists working in the public
realm became more involved in the design of public spaces by working closely with architects,
landscape architects and engineers. The result was the use of art to shape a new public space, not
just to enhance an existing one. In Seattle, Phoenix and Scottsdale, the art went one step further;
it has become an integral part of civic infrastructure including, bridges, waste treatment plants,
freeways, parks, sports complexes and other projects.
Funding for contemporary public art has come in large part from three sources: (i) “percent for
art” ordinances, (ii) funding through local, state and federal grant programs and (iii) corporate
sponsorships and private donations from individuals and foundations.
History of Art in Fountain Hills
In October 1994, the Town of Fountain Hills (the “Town”) and the Fountain Hills Civic
Association (the “Civic Association”) commissioned a community cultural assessment,
sponsored by the Arizona Commission on the Arts (the “1994 Cultural Assessment”). Nearly 50
citizens participated in either the open forum or in the surveys collected. The community’s
strengths and challenges were discussed, and four key issues were identified:
The need for a cultural center facility with performance, gallery and meeting
space.
A need for an arts council to provide leadership for cultural growth.
A need to involve the arts in community design and planning.
A need for youth services including after school and summer programs.
Through the 1994 Cultural Assessment, a clear need for a Public Art Committee was recognized.
The Fountain Hills Arts Council (the “Arts Council”) bylaws were formally adopted in March
1995.
3
On September 4, 1997, the Town Council adopted Resolution No. 1997-44 designating the Arts
Council, then a committee of the Civic Association, as the official representative of the Town in
all matters dealing with the promotion of public arts within the Town of Fountain Hills. Shortly
thereafter, the Arts Council established the Fountain Hills Public Art Committee (the “PAC”) to
administer its public art program. On November 20, 2003, the Town Council adopted Resolution
No. 2003-70 confirming this appointment and adopting an official Master Plan for the
acquisition of public art.
Through various corporate reorganizations, the Arts Council became the Fountain Hills Cultural
Council and thereafter merged with the Civic Association to become the Fountain Hills Cultural
and Civic Association, a 501(c)(3) non-profit corporation (“FHCCA”). The PAC continues as a
committee of FHCCA, and since 2000, the PAC has adopted an aggressive policy of public art
acquisition.
On December 7, 2006, the Town Council adopted Ordinance 06-23, creating the Town’s
Commercial/Multi-Family Architectural Design Review Guidelines (the “Design Guidelines”).
Section 19.05(I) of the Design Guidelines established the minimum standards for including a
public art element in all commercial, industrial and multi-family residential projects (the “Public
Art Requirement”) providing for either (i) the installation of exterior public art valued at equal to
or greater than 1% of the cost of building construction and associated site work and signage of a
new or redeveloped commercial, industrial, or large multi-family residential construction project
or (ii) a donation to the Fountain Hills Public Art Fund in an amount equal to or greater than 1%
of the cost of building construction and associated site work and signage. The funds raised
through this process will be referred to hereafter as the “Percent for Public Art” funds. Public Art
Fund Development Guidelines were adopted by the Town Council in January, 2007 to set forth
the process for implementing the Public Art Requirement. The Fountain Hills Public Art Fund is
the fund held by the Town for the purchase or installation of public art (the “Fountain Hills
Public Art Fund”).
4
II. PUBLIC ART PROGRAM GENERAL STANDARDS
Mission: The mission of the Public Art Collection is to promote a rich, diverse and stimulating
cultural environment that enriches the lives of the town’s residents and visitors, and further
establishes the town’s identity. The Fountain Hills Cultural and Civic Association (FHCCA) is
committed to acquiring works of art for the Art Collection of the highest aesthetic standards
reflective of diverse social, aesthetic and cultural perspectives. The Town Council intends that all
public art in the corporate limits of the Town shall be selected and approved according to the
Public Art Acquisition process.
This document establishes policies and procedures for the acquisition, placement, care and
management of works of art for the public art collection of the Town of Fountain Hills, whether
acquired through a Gift or Bequest. It shall be the policy of the PAC to accept unique, one of a kind
works of art with the noted exception of prints, photographs or a desirable high-quality limited
edition work of art by a renowned artist.
GOALS OF THE COLLECTION:
1. Artwork acquired and maintained within the collection should reflect the highest aesthetic
standards. Objects accepted into the collection must be of known authorship and be
accepted based on their value as works of art.
2. The Town’s collection should be diverse in its representation of artists and artistic styles.
3. Artwork acquired and accepted into the collection should be appropriate in scale, media and
context with its intended location, and be relevant within the cultural, historical,
social/political and environmental context of the area surrounding the Town of Fountain
Hills.
DEFINITIONS:
Fountain Hills Cultural and Civic Association (“FHCCA”): The FHCCA is the 501(c)(3)
Charitable organization representing the PAC.
Public Art Committee: The Public Art Committee (“PAC”) is a member organization of the
Fountain Hills Cultural and Civic Association (“FHCCA”). The PAC is made up members of the
FHCCA, Town staff member(s) and when deemed necessary, arts professionals. The committee
generally meets monthly and is responsible for reviewing potential art donations and making
recommendations to the Town.
Acquisition: The formal process used to accept an artwork into the Civic Art Collection and the
recording of an item as a Collection Object.
Aesthetics: Artistic merit of the work of art, including consideration of its artistic, social, cultural
and/or historical significance.
Appraisal: A professional, certified evaluation of an artwork, i.e. its authenticity, condition and
provenance, to determine its monetary value.
5
Artist: Individual artist or team of individual artists whose body of work and professional activities
demonstrate serious ongoing commitment to the fine arts, through a record of exhibitions, public
commissions, sale of works and educational attainment.
Artwork or Work of Art: For the purpose of these guidelines, Artwork, or Work of Art, is
defined as a work in any media that is the result of the unique creative expression of an artist.
Conservation: See “Preservation.” For the purposes of this document, the terms “conservation”
and “preservation” are used interchangeably.
Decommission: The formal process of removing acquired objects permanently from the Art
Collection.
Donation: An artwork or a series of artworks gifted to the Town for long-term public display with
intent to transfer title of ownership to the Town.
Maintenance: Maintenance shall mean a minimally invasive, routine and regularly scheduled
activity that may involve the removal of superficial dirt or debris build-up on the surface of the
artwork or the cleaning and repair of non-art support material such as a pedestal or plaque. For the
purposes of this document, this definition shall apply generally whenever “maintenance” of
artwork is referenced.
Maintenance Endowment Calculation: A Maintenance Endowment Calculation adequate to
ensure the continued care of gifts of art shall be maintained by the Town of Fountain Hills. An
endowment is required for all outdoor artworks and may be required for indoor artworks in order to
maintain the gift in a condition satisfactory to the donor, the PAC and the Town. Scale, material,
location, value of the work and potential for vandalism will be considered in determining the
maintenance endowment.
Monuments: Structures, sculpture or other objects erected to commemorate a person or an event.
Percent for Public Art: Developers of any new professional office, lodging projects, retail,
service, commercial, wholesale, transportation, industrial developments, re-developments or
expansion projects and multi-family projects with five or more dwelling units within the Town of
Fountain Hills are required to provide public artwork.
Plaque: For the purpose of this document “plaque” refers to identification signage affixed on or
near an artwork that identifies the title, artist, media, date, attribution and other pertinent
information. Organizations strive for uniformity in plaque design and text content.
Preservation: Preservation shall mean the protection of cultural property through activities that
minimize chemical and physical deterioration and damage, and that prevent loss of informational
content. The primary goal of preservation is to prolong the existence of cultural property, and
should be undertaken or overseen by a professional conservator. For the purposes of this
document, the terms preservation and conservation are used interchangeably, and the definition
above shall apply generally whenever “conservation” or “preservation” is used.
Proposal: The Artist’s design proposal for a project that typically includes drawings and/or models
illustrating the project and how it will fit into the site, project description and budget, typically
6
requested from a limited number of finalists as a means of providing the basis for final artist
selection.
Provenance: The history of an artwork and its creation and ownership, which is used to help
establish its authenticity. Documents used for provenance include sales receipts, auction and
exhibition catalogs, gallery labels, letters from the artist, and statements from people who knew the
artist or the circumstances of the creation of the artwork.
Public Art Collection: The Public Art Collection is comprised of artworks that have been acquired
by the PAC on behalf of the Town.
Public Art Fund: The Public Art Fund is made up of the funds set aside by the Town of Fountain
Hills to acquire and maintain the Public Art Collection. This fund is comprised of monies
collected through the Percent for Public Art, through donation from private or corporate donors, the
Maintenance Endowment Calculation and monies gained through grants. The Public Art Fund
amount shall be noted within the annual budget of the Town of Fountain Hills.
7
III. PUBLIC ART ACQUISITION PROCESS
Public art is acquired through four primary methods:
1. As the result of a gift or loan whereby the Town becomes a beneficiary
2. As a result of the Percent for Public Art Contribution
3. By the active procurement of a specific work of art or the selection of an artist for a
specific project
4. Temporary or Traveling Art Exhibitions
8
IV. ARTWORK DONATION PROCEDURES
When an artwork is offered to the Town for donation, such donations are reviewed by entities that
may include but are not limited to the PAC, FHCCA and Town staff. No work of art shall be
acquired into the Collection, unless such work of art shall first have been submitted to and
approved by the above mentioned entities. Artwork must meet the Artwork Review Criteria.
Neither the PAC, the FHCCA nor the Town will establish the artwork value, nor furnish
documentation regarding the artwork value to the Donor.
Step 1: The prospective donor submits a completed Artwork Donation Application with required
attachments to the PAC. Developers, required to meet the Percent for Public Art 1% obligation,
will submit an application with the Planning and Zoning Department. The proposal shall include
information about the artist, written description of the artwork (size, materials, date created, etc.),
condition report, appraisal and photograph or drawing of the artwork, and proposed site, if any.
Artwork to be donated will only be accepted with restrictions in very limited circumstances. For all
artwork located on public property, the Town of Fountain Hills receives full title to the artwork and
has the ability to sell or transfer the title to individuals or entities.
Step 2: The PAC reviews the application and gift documents and decides if the gift meets the Art
Acquisition Criteria. If necessary, the prospective donor may be invited to give a presentation
about the donation to Town staff, the PAC and others to clarify the artwork provenance and
appraisal, and the intent of the gift. The PAC may seek the advice of a professional art conservator
or other qualified arts professional to review the proposal and provide recommendations regarding
authenticity and the long-term care of the artwork.
Step 3: The PAC will make the recommendation to accept, accept with modifications or decline the
gift. If the gift is accepted with modifications, the donor has the option to resubmit at a later date.
If the gift is accepted by the PAC, it is then referred to the FHCCA Board and Town Council for
review and acceptance. The donor may again be called upon to discuss the donation with the Town
Council. The PAC may not recommend gifts that require extraordinary maintenance expense or are
deemed unsafe.
Step 4: Once the artwork donation has been accepted, the Town and the Donor enter into an
agreement regarding the terms of acceptance based upon the requirements of the Art Acquisition
Criteria.
In general, donations shall be accepted without restrictions or conditions. All accepted donations
will be subject to the Town’s Art Acquisitions Criteria and Decommissioning Policy. All artworks
acquired by the Town shall be covered under the Town’s public art insurance policy for the stated
value.
9
V. ART ACQUISITION CRITERIA
Public art is defined as the work of a visual artist located in a publicly accessible space. Public art
includes, but is not limited to, paintings, murals, statues, stained glass, fiber art, relief or other
sculpture, fountains, arches and other structures intended for ornament or commemoration,
carvings, frescoes, mosaics, mobiles, photographs, drawings, collages, prints, landscape art, and
crafts, both decorative and utilitarian. Public art may be temporary or permanent in nature.
Public art projects may also include visual or landscape artists serving on design and development
teams to identify opportunities and approaches for incorporating artwork aesthetic concepts into
Town building and visible public improvement projects. Regardless of the method of acquisition,
certain fundamental criteria will be universally applied to any work of art under consideration.
Aesthetics
1. Artistic merit of the work of art, including its artistic, social, and/or historical significance,
as evidenced by the Artwork Donation Application (which includes a written description and
drawings and/or maquette if the artwork is proposed and not fabricated)
2. Professional artist's qualifications, as evidenced by the Artwork Donation Application (which
includes images of past work, resume, references, and published reviews)
3. Compatibility of the work of art within the context of the proposed site
4. Warranty of originality (in the case of a pre-existing artwork; only original works or limited
editions and high aesthetic value shall be considered)
5. Provenance
Site
6. Appropriateness to the proposed site with respect to its immediate and general physical
environment (district, neighborhood) and audience
7. Proposed works of art must be compatible in scale, material, form, and content with their
surroundings. Attention shall be given to the social context of the work and the manner in
which it may interact or contribute to the use of the site.
8. Ecological and/or environmental impact
9. Accessibility to the public, including persons with disabilities
10. Text components (e.g., signage or plaque)
Site Criteria: Prior to selecting a site for an artwork, whether purchased or commissioned, the
PAC and Town staff shall take into consideration the following factors:
11. Visibility and prominence of the artwork site
12. Public accessibility of the artwork and ADA Compliance
10
13. Public Safety
14. Interior and exterior traffic patterns
15. Relationship of proposed artwork to existing or future architectural features, natural features,
other artworks, and urban design
16. Function of the facility
17. Facility users and surrounding community and interaction of users and community members
with proposed artwork
18. Future development plans for area
19. Overall program goal or concept
20. Landscape design
21. Relationship of proposed artwork to existing art works within the site vicinity
22. Environmental impact
23. Social context of artwork (intended use of the work, if any)
24. The PAC and Town of Fountain Hills shall approve the artwork location before acquisition
Installation
25. Site requirements for installation (Electricity, lighting, water, or other requirements)
26. Method of installation
27. Documents: Utility connections, site modifications, structural reinforcements or other
engineering requirements or site modifications should be described in the gift proposal and
reflected in the construction plans and specifications. The donor/sponsor is responsible for
providing and submitting engineering and architectural plans, as required according to the
Building Code or as requested by the Commission. Such plans must be prepared, signed and
stamped by the appropriate design professional licensed in the state of Arizona.
28. Storage requirements, if needed
29. Safety standards (Town Risk Management review)
Maintenance
30. Structural integrity (demonstrated through documentation)
31. Review of Fabrication and Installation Method: Works of art that are accepted from
maquettes or drawings will be subject to PAC review throughout fabrication and installation.
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Specific plans for site design, installation, maintenance and protection will be submitted for
approvals. The completed artwork may not deviate in any way from the proposal approved
by the PAC.
32. Durability of materials and method of fabrication
33. Susceptibility of the artwork to accidental damage, theft, and/or vandalism and security needs
34. Ability or capacity to provide necessary routine maintenance
Maintenance Endowment Calculation Contribution
35. All costs associated with fabrication and installation, including site preparation, long-term
preservation, illumination, plaque, and unveiling/dedication event, if any
36. For all works of art located on Town property or donated to the Town, the Donor will
contribute 5% of the total value of the artwork or $5000 (whichever is less) to the Town’s
Public Art Fund. Obtaining an appraisal prior to execution of the agreement is the
responsibility of the Donor, unless otherwise agreed upon by Town and Donor.
37. Statement of value of artwork by a certified appraiser for insurance purposes
38. No artwork will be placed or acquired before all financial obligations are met by the Donor
Liability
39. Susceptibility of the artwork both to normal wear and to vandalism
40. Potential risk to the public
41. Public access, in general, as well as compliance with ADA requirements
42. Special insurance requirements (some extremely valuable artworks need additional
insurance)
Timeliness
43. Allowance of sufficient time for normal review process
44. Timely and appropriate response to the PAC and Town staff requests for additional materials
or information
Memorial Gifts: Memorial gifts will be judged to the following additional criteria:
45. The person so honored shall have been deceased for a minimum of two years. Events shall
have taken place at least two years prior to consideration of a proposed memorial gift.
46. Represents broad community values
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47. The memorial has timeless qualities that will be meaningful to future generations
48. The location under consideration is an appropriate setting for the memorial; in general, there
should be some specific geographic justification for the memorial being located in a specific
site
Acceptable Art: Acceptable forms of art (“Acceptable Art”) shall include but are not necessarily
limited to, the following:
49. All forms of limited edition or one-of-a-kind original creations of visual art created by an
artist
50. Project features and enhancements which are unique and produced by a professional artist
such as benches and fountains
51. Murals or mosaics covering walls
52. Professional artist sculptures which can be freestanding, wall-supported or suspended and
made of durable materials suitable to the site and the climate
53. Other suitable artworks as presented in a catalogue and previously approved by the PAC
Not Acceptable Art: The following, non-exclusive list describes those items not considered
Acceptable Art:
54. Business logos or art that incorporates a logo for the primary purpose of advertising a
business
55. Directional elements such as supergraphics, signage or color coding except where these
elements are integral parts of the original works of art
56. Mass-produced art objects, such as fountains, statuary objects, or playground equipment
57. Decorative ornamental or functional elements created by the project
58. Landscape architecture or gardening except for elements designed by the artist as an integral
part of the work of art
59. Electrical, water or mechanical service for activation of the works of art
60. Art exhibitions and educational activities
61. Security and publicity concerning works of art
62. Standard landscape or hardscape elements that would normally be associated with the project
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VI. PERCENT FOR PUBLIC ART REQUIREMENT FOR DEVELOPMENT
A. Basic Requirements
1. Developers of any new professional office, lodging projects, retail, service,
commercial, wholesale, transportation, industrial developments, re-developments or expansion
projects and multi-family projects with five or more dwelling units within the Town of Fountain
Hills are required to provide public artwork. The Percent for Public Art contribution shall equal:
1% of Total Construction Cost for projects of $1 million or less;
¾% of Total Construction Cost for projects with a value between $1 million and $10
million; or
½% of Total Construction Cost for projects with a Total Construction Cost over $10
million.
As an alternative to providing public art, developers may make a donation to the Fountain Hills
Public Art Fund in an amount equal to the above calculation. If requested, the PAC and Town
staff will work with the developer to identify an appropriate use of the contribution that will
benefit both the developer and the Town.
2. Developers are not required to make a contribution to the Maintenance
Endowment Calculation for any artwork located on private property. If the artwork is to be
located on public property, the Maintenance Endowment Calculation will apply.
3. The public art requirement must be met prior to the issuance of a Certificate of
Occupancy. Applicants choosing to purchase a piece of art are required to submit a Donation
Application and comply with the Art Acquisition Criteria. The art contribution should be
approved by Town staff and PAC as being in compliance with the ordinance.
4. Artwork selected by the developer to go on site must be integrated with the
project, be located on an exterior of the structure or the building site, be visible to the public at
all times and be accessible for at least 40 hours per week. The location of the artwork should be
in an outdoor location to allow unrestricted visibility by the public 24 hours per day.
5. A plaque will be placed that will identify the art and the artist.
B. Total Construction Cost Calculation
Total Construction Cost, as used in the Calculation for Percent for Public Art, includes hard costs
of construction, site work and signage costs.
C. Eligible Costs for Calculating the Contribution
The following costs may be included in the calculation of the developer’s required art
investment.
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1. Professional artist’s budget, including artist fees, materials, assistants’ labor costs,
insurance, permits, taxes, business, legal expenses and operating costs.
2. Fabrication and installation of the artwork, including base and/or foundation if necessary.
3. Site preparation for artwork.
4. Structures enabling the artist to display the artwork.
5. Documentation of the artwork.
6. Acknowledgment plaque identifying the artist, artwork and development, per Town
format.
D. Responsibility After Installation
1. Art located on the developer’s property will remain the developer’s property, subject to a
covenant on the part of the developer that the piece will remain in public view. It will be
the developer’s and subsequent property owner’s responsibility to insure and maintain the
piece of art. The insured value must equal the appraised value. Developer will be cognizant
of the federal Visual Artists Rights Act, which prevents the distortion or modification of
an artwork without the artist’s permission.
2. If any changes are considered by the property owner for the previously approved artwork
located on site, an application for consideration of change must be submitted to the PAC.
All submitted changes are subject to full review by the PAC and Town Council.
3. Art located on Town-owned property shall become the property of the Town. The artwork
location will be reviewed by the Town’s Facilities Division and other staff to ensure
compliance with American with Disabilities Act (ADA), and to minimize conflicts with
public utilities in Town rights-of-way. The Town will insure and maintain all pieces on
Town-owned property.
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VII. ACQUIRING ART THROUGH ARTISTS SELECTION OR PURCHASE
The PAC will identify potential art projects or art purchase opportunities. Any recommendation to
the PAC regarding the acquisition of a piece of art shall identify the potential source of funds for
such acquisition. Such source of funds may include the funds deposited in the Fountain Hills
Public Art Fund.
1. The PAC will decide which projects or purchases will be recommended to the Town
Council as required in the Artwork Donation Process. The Town Council will have the
final decision, acting in its sole discretion, to determine (i) which projects or purchases will
be undertaken and (ii) if the recommendation includes the use of funds from the Fountain
Hills Public Art Fund, whether the use of such funds is appropriate.
2. If the Town Council approves moving forward with a project or purchase, the PAC will
assume the role of an independent selection panel. The PAC will choose the most
appropriate method for a given project or purchase from among the following options:
a. Open Competition. This method offers opportunities in which any professional artist
is eligible to enter. A Project Profile, an announcement with information about the
project, will be circulated, requesting artist proposals for review by the selection
panel.
b. Invitational or Limited Competition. This two-staged competition calls for artists to
submit qualifications (documentation of past work) for the selection panel’s
consideration, instead of a proposal. The panel selects three to five artists to visit the
site and develop detailed proposals or to participate in an interview process. The
artists may be paid for their proposals and site visits based on a percentage of the
project budget. The panel then reconvenes to select an artist and/or proposal.
c. Direct Selection and Nominations. In this method, the panel selects one artist on the
basis of documentation of past work. The pool of work reviewed can be solicited
through a call-to-artists or by using an existing artist slide bank. The artist is selected
by the PAC and a recommendation is presented to the FHCCA and Town Council
for approval. PAC will then negotiate a contract for the development of a proposal.
d. Direct Purchase. A method that results in the purchase of already completed
artworks, based upon the PAC’s recommendations.
3. Upon Town Council approval of any public art project or purchase, the PAC will contact
the selected artist or artist’s agent. The PAC will prepare an invoice or contract between
the FHCCA and the artist covering the entire scope of work to be performed, and specifying
all fees to be paid, including, those for any travel expenses, shipping and/or installation
charges. If the Fountain Hills Public Art Fund is to be used for all or a portion of the
acquisition cost, the aforementioned invoice or contract shall be entered into between the
Town and the artist, and the Town Attorney shall prepare the invoice or contract with input
from the PAC as to the appropriate scope of work to be performed, fees to be paid, travel
expenses to be reimbursed and shipping and/or installation charges to be paid. If both the
Fountain Hills Public Art Fund and FHCCA funds are to be used for acquisition and/or
installation, the FHCCA shall contribute its portion to the Town prior to the date the Town
is required to pay the final invoice.
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4. Working in cooperation with appropriate Town staff and/or commissions, the PAC will
assume responsibility for project management: overseeing the purchase, shipment and
installation of selected art work, or the design, fabrication and installation of a
commissioned project.
5. According to the payment schedule stipulated in the contract, the PAC will be responsible
for paying all project fees in a timely fashion, except for those installation fees agreed to be
covered by the Town through a separate agreement.
6. Upon completion of the purchase or project, the PAC will arrange a public dedication and
formal transfer of ownership to the Town.
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VIII. TEMPORARY OR TRAVELING EXHIBITIONS
From time to time, the PAC may make arrangements for temporary works of art to be displayed in
select locations. These Temporary or Travelling Exhibitions may be installed to celebrate a current
cultural, social or civic event, or may represent art that is available on a temporary basis that can
bring a new, thoughtful perspective to the Fountain Hills Public Art Collection.
Considerations for selection of a Temporary or Travelling Exhibition might include:
1. Costs: Costs associated with these Temporary Exhibits may be either borne by private
donors or the Public Art Fund. In the event there might be costs to be borne by the Town
of Fountain Hills from the Public Art Fund, the PAC shall make a request for funds in
advance of any commitments to display the work. These costs might include but may not
be limited to honorariums paid to artists, installation costs, maintenance, lighting, plaque
costs or insurance costs.
2. Selection: The Selection Criteria shall be similar to those outlined in Article VII Acquiring
Art Through Artists Selection or Purchase.
3. Additional Criteria in a Call to Artists for the purpose of the temporary status might include:
a. Length of time to be displayed.
b. Whether or not the artwork may be sold during the exhibition or as a function of the
exhibition. In such event, the work will be required to remain on site during the full
length of the exhibition.
c. Manner in which the artist may advertise or promote themselves or the work.
d. Requirement for insurance to be carried by the artist.
e. Requirement of the Artist to be present for installation, de-installation and
Dedication of the Exhibition.
f. An appropriate disclaimer created by legal counsel of the Town of Fountain Hills
pertaining to the Artists release of liability for damage or destruction while on
display.
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IX. GIFT AND SALE OF ARTWORKS
The Gift and Sale of Art Program is established to allow the public to donate works of art to the
Town of Fountain Hills that may or will be sold for the benefit of Public Art Fund. When the PAC
determines that it would be advantageous to the Town, a gifted work of art may be acquired and
sold.
1. Sale at Public Auction: A work of art under the jurisdiction of the Town may be sold at
public auction to the highest and best bidder and the PAC may contract with a licensed
auctioneer for the purpose of conducting the sale or sales. The contract shall specify the
compensation to be paid for the auctioneer's services and set forth the terms and conditions
under which the sale or sales are to be conducted. Each such contract shall be approved by
the Purchaser.
2. Private Sale: If the work is offered at public auction and no bids are received, or if the bids
are rejected, the PAC may determine that the work may be sold on terms more advantageous
to the Town.
3. Proceeds from Sale of Artwork: All proceeds from any sale or auction, shall be credited to
the Public Art Fund, and the monies contributed to the fund from the sale of a work of art
under the jurisdiction of the Town shall be expended exclusively for the purpose of acquiring
or maintaining works of art in the Collection.
4. Objects may not be given or sold privately to Town employees, officers, members of the
Commission, or to their representatives or family.
Other Considerations: If, for any reason, the Town of Fountain Hills finds it necessary to pursue
plans that would modify, remove, destroy or in any way alter an artwork, and the PAC approves
such action, then the PAC shall make a reasonable effort to notify the artist by registered mail of
the Town's intent and outline possible options, which include, but are not limited to the following:
1. Transfer of Title to the Artist: The artist will be given the first option of having the title to the
artwork transferred to him/her. If the artist elects to pursue title transfer, he/she is responsible
for the object's removal and all associated costs.
2. Disclaim Authorship: In the case where the Town contemplates action which would
compromise the integrity of the artwork, the artist shall be given the opportunity to disclaim
authorship and request that his/her name not be used in connection with the given work.
Alteration, Modification or Destruction: If alteration, modification, or destruction of an artwork
protected under the Visual Artists Rights Act of 1990 is contemplated, the PAC must secure a
written waiver of the artist's rights under this section. In the case of an emergency removal that
may result in destruction or irreparable damage, the Town will act in accordance with the advice of
the Town Attorney.
Relocation of Public Display: If the Town decides that an artwork must be removed from its
original site, and if its condition is such that it could be re-installed, the PAC and Town will
attempt to identify another appropriate site. If the artwork was designed for a specific site, the PAC
and Town will attempt to relocate the work to a new site consistent with the artist's intention. If
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possible, the artist's assistance will be requested to help make this determination.
The Town and PAC reserve the right to relocate or remove any artwork at any time. The final
decision regarding the placement of artwork will rest with the Town and PAC.
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X. DECOMMISSIONING POLICY
Conditions: A work of art may be considered for removal from public display and/or
decommissioning if one or more of the following conditions apply:
1. The work does not fit within the PAC mission, goals, or guidelines for the Art Collection.
2. The work presents a threat to public safety.
3. Condition or security of the work cannot be guaranteed, or the Town cannot properly care
for or store the work.
4. The work requires excessive or unreasonable maintenance or has faults in design or
workmanship.
5. The condition of the work requires restoration in gross excess of its aesthetic value or is in
such a deteriorated state that restoration would prove either unfeasible, impractical or
misleading.
6. No suitable site for the work is available, or significant changes in the use or character of
design of the site affect the integrity of the work.
7. The work is fraudulent or not authentic.
8. The work is rarely or never displayed.
9. Significant adverse public reaction over an extended period of time (5 years or more).
10. The work is judged to have little or no aesthetic and/or historical or cultural value.
11. The work is duplicative in a large holding of work of that type or of that artist.
Process: The following process shall be followed for works being considered for
decommissioning:
Absence of Restrictions: Before disposing of any objects from the collections, reasonable efforts
shall be made to ascertain that the PAC and the Town are legally free to do so. Where restrictions
are found to apply, the PAC shall comply with the following:
Mandatory restrictions shall be observed unless deviation from their terms is authorized by a court
of competent jurisdiction.
Objects to which restrictions apply should not be disposed of until reasonable efforts are made to
comply with the restrictive conditions. If practical and reasonable to do so, considering the value of
the objects in question, the PAC should notify the donor if it intends to dispose of such objects
within ten years of receiving the gift. If there is any question as to the intent or force of restrictions,
the PAC shall, through Town staff, seek the advice of the Town Attorney.
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Independent Appraisal or other documentation of the value of the artwork: Prior to
disposition of any object having a value of $10,000 or more, PAC and/or Town staff should obtain
an independent professional appraisal, or an estimate of the value of the work based on recent
documentation of gallery and auction sales.
Related Professional Opinions: In cases of where decommissioning or removal is recommended
due to deterioration, threat to public safety, ongoing controversy, or lack of artistic quality, it is
recommended that the PAC seek the opinions of independent professionals qualified to comment
on the concern prompting review (conservators, engineers, architects, critics, safety experts etc.).
PAC Hearing and Resolution: The recommendation to decommission a work of art will be
considered at a regular or special meeting of the PAC. The Town must approve by Resolution the
PAC’s recommendation that a work of art under its jurisdiction should be decommissioned through
sale or exchange.
Provisions for Emergency Removal: In the event that the structural integrity or condition of an
artwork is such that, in the opinion of the PAC or Town staff, the artwork presents an eminent
threat to public safety, the Town may authorize its immediate removal, without the artist's consent,
by declaring a State of Emergency, and have the work placed in temporary storage. The artist and
the PAC must be notified of this action within 30 days. The PAC will then consider options for
disposition: repair, reinstallation, maintenance provisions or decommissioning. In the event that the
artwork cannot be removed without being altered, modified, or destroyed, and if the Artist’s
Agreement with the Town has not waived his/her rights under the 1990 Visual Artists’ Protection
Act, the Town must attempt to gain such written permission before proceeding. In the event that
this cannot be accomplished before action is required in order to protect the public health and
safety, the Town shall proceed according to the advice of the Town Attorney.
Adequate Records: An adequate record of the conditions and circumstances under which objects
are decommissioned and disposed of should be made and retained as part of the Collections
Management records.
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ARTWORK DONATION APPLICATION
Use this form to submit proposals for permanent artwork donations or short-term or long-term
loans. Thank you for your interest in donating artwork to the Town of Fountain Hills, Arizona.
Please direct any questions, and complete and submit this application to:
Name:________________________________________________________________________
Address: ___________________________________________ Phone: ____________________
Email Address: _________________________________________________________________
Please attach additional sheets. The Town reserves the right to request additional information
in order to process a donation proposal.
DONOR
Name(s)
Organization (if applicable):
(Please check one: ___ Individual(s) ___ Corporation ___ Not-for-Profit ___Other (specify: _______________________________)
Address
City State Zip Code Country
Phone Fax Email
(Please check one):
Donation of artwork to be commissioned
______ Donation of existing artwork
Donation for Development Percent for Public Art (Please go to Percent for Development Option)
Conflict of Interest: Disclose whether the donor has any active contracts with the Town or is involved
in any stage of negotiations for a Town contract.
ARTIST
Name Alias (If applicable)
Nationality Birth Date Death Date (If applicable)
Address
City State Zip Code Country
Phone Fax Email
Website
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Artist Representation/Gallery Name (If applicable)
Artist Representation/Gallery Address
City State Zip Code Country
Phone Fax Email
Website
For donations of commissioned artwork, please explain the method used in the selection of the artist.
ARTWORK
Title
Artwork type (e.g., painting, print, drawing, sculpture) Medium: include all materials
Description of Artwork
Creation Date Dimensions and Weight
Anticipated Life Expectancy of the Artwork
Finishes applied to surface
Construction technique(s)
If this artwork is part of a series or group, what is the total number in the series or group?
If this artwork is part of an edition, what is the edition number of this piece, and the total edition size?
Describe frame, if any.
Describe base or pedestal, if any.
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Describe any accompanying accessories
Current location of artwork
Proposed site for placement (if applicable)
For memorials, describe the person or event to be commemorated, and explain why this person or
event deserves special recognition.
ARTWORK HISTORY
Provenance/Past Owners: List all past owners and period of ownership for each. A separate page can
be submitted.
Exhibition History: List the exhibition history including exhibition titles, venues and dates for each.
Publications and References: List all publications about and references to the artwork.
COPYRIGHT OWNERSHIP
Name of current copyright owner Title
Address
City State Zip Code Country
Phone Fax Email
If the donor is the current copyright owner, does the donor intend to transfer the copyright to the
Town of Fountain Hills should the donation be accepted by the Town?
ARTWORK VALUATION (per appraisal)
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Fair Market Value $
How was this fair market value determined and by whom?
CONDITION
Describe the current condition of the artwork noting any existing breaks, tears, scratches, abrasions,
paint losses, or other insecurities or defects in the artwork.
If the artwork has been conserved, describe the conservation treatment and name of conservator.
Provide recommendations for routine maintenance of artwork. Indicate whether these recommendations
were provided by a conservator.
(Optional) Provide recommendations for security, installation, transportation and/or
storage.
For donations of commissioned artwork, please outline the installation plan.
OTHER REQUIRED MATERIALS
Please submit the following materials along with this completed form.
Artist’s résumé and bio
Digital, color images of past artwork by artist
For commissioned artwork, color renderings or maquettes of proposed artwork
Maps or images of proposed site for artwork
Itemized list of any costs to be borne by the Town for transportation, installation, exhibition,
operation,
maintenance, conservation, and/or security
For commissioned artwork, an itemized budget for design, fabrication, and installation
For commissioned artwork, a timeline for design, fabrication, and installation
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Exhibition catalogs, publications and/or references, if available
Formal, written appraisal for any artwork with a fair market value of $10,000 or more
Condition report, if available
Conservator’s report, if applicable
Proof of authenticity, if available
Any other information relevant to the artwork
DEVELOPMENT PERCENT FOR PUBLIC ART
(_____________)
Development
Description
Total Project Cost as Determined by Town Staff
$__________________
Total Calculated Percent Requirement as Determined by Town Staff
1% of Total Project Cost for projects of $1 million or less;
¾% of Total Project Cost for projects with a value between $1 million and $10 million; or
½% of Total Project Cost for projects with a Total Construction Cost over $10 million.
$__________________
(Please check one):
Developer chooses to make donation to Public Art Fund
Amount Received $ ___________________Payment Type________________________
Developer chooses to meet percent requirement with on-site art installation (please fill out Artwork
Donation Application and reference the Town of Fountain Hills Public Art Master Plan.)
Developer chooses to donate an artwork to the Town of Fountain Hills (please fill out Artwork Donation
Application and reference the Town of Fountain Hills Public Art Master Plan.)
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DONOR’S AUTHORIZATION TO INITIATE A DONATION REVIEW
Authorized signature Title
Print name Date
STAFF ONLY
Received by Date
ITEM 7. F.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/18/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Elizabeth A. Klein, Town Clerk
Staff Contact Information:
Request to Town Council Regular Meeting (Agenda Language): DISCUSSION WITH POSSIBLE
CONSIDERATION relating to any item included in the League of Arizona Cities and Towns’ weekly
Legislative Bulletin(s) or relating to any action proposed or pending before the State Legislature.
Staff Summary (Background)
This is a regularly recurring agenda item on the Town Council agenda during the legislative session. The
goal of this agenda item is to obtain consensus from the Mayor and Council on legislative bills and to
provide direction, if any, to staff to communicate the Town's position on the bills. Each Council meeting
the Legislative Bulletin will be attached to the Town Council agenda which will include legislative
analyses of the bills and their impacts on municipalities. The Mayor and Council will have an
opportunity to review the bills that are under consideration in the Arizona State Legislature and provide
direction on supporting or opposing the bills. The Mayor and Council may also bring up other bills of
interest to the Town of Fountain Hills for discussion that are not listed in the Legislative Bulletin.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
SUGGESTED MOTION
MOVE to provide staff direction on one or more bills being considered by the State Legislature.
Attachments
Issue 16
Issue 17
Form Review
Form Started By: Elizabeth A. Klein Started On: 05/11/2021 01:28 PM
Final Approval Date: 05/11/2021
Issue 16 – April 30, 2021
Legislative Update
Today is the 110th day of the legislative session. Earlier in the week, there were speculations of
the Legislature recessing for a few weeks to solely focus on budget negotiations. Those rumors
have been dispelled by members of the House who are hopeful to adjourn the session in mid-
May. The Governor has signed 302 bills and vetoed 3 measures. There are currently 34 bills that
have passed the Legislature and await consideration by the Executive.
The Legislature’s floor calendars have been lighter in the past few weeks. There are currently 51
bills pending Committee of the Whole (COW) in the Senate, and 41 bills awaiting consideration
in House COW. 13 House bills are ready for Third Read in the Senate, and 3 Senate bills await
House Third Read.
State Budget
The Legislature continues to have budget discussions and it appears that Republican lawmakers
are struggling to get support for a flat tax proposal. Cities and towns have been communicating
to lawmakers the impacts of a flat tax on municipal budgets. This week, Senator Paul Boyer (R-
Glendale) spoke to PBS Horizon host Ted Simon to discuss the revenue impacts a flat tax would
have on cities and towns. Senator Boyer also noted his concerns over how these budget impacts
would affect local police and fire departments.
Earlier this month, the Finance Advisory Meeting (FAC) met to discuss the latest on the condition
of Arizona’s economy. The FAC consists of private and public sector economists who provide
their independent perspective on the state’s revenue forecast. Preeminent Arizona economist
Alan Maguire highlighted the need for caution as lawmakers discuss substantial cuts to income
tax, stating “when we start cutting income taxes, we cut revenue not only for the state of Arizona,
but to local governments as well.” Economist Jim Rounds also cited cities and towns’ contributions
to economic development by making investments in critical infrastructure. Footage of FAC’s
meeting is linked here.
The League asks that you continue to engage with your legislators about the damaging
impacts of a flat tax to their cities and towns, and ask they pursue other alternatives that
would not cut municipal budgets.
Civil Asset Forfeiture
This week, the Senate passed HB 2810 civil asset forfeiture; conviction; procedures, sponsored
by Representative Travis Grantham (R-Gilbert) in Third Read. The measure makes substantial
changes to forfeiture laws by requiring that prosecutors and law enforcement agencies make a
conviction prior to seizing property connected to criminal activity. Property that is seized must be
returned to the owner with 10 business days, unless the owner was arrested and charged with a
criminal offense subject to forfeiture or if the property is evidence to a crime.
The League and a number of law enforcement agencies throughout the state, including sheriffs
and county attorneys, opposed the measure because it will negatively impact law enforcement’s
ability to seize proceeds from criminal organizations that rely on their assets to continue their
operations. HB 2810 passed the Senate with bipartisan support, 29-1 and was transmitted to the
Governor on Thursday, where it currently awaits action.
Issue 17 – May 7, 2021
Legislative Update
Today is the 117th day of the legislative session. At this point, the legislature has not agreed on a budget compromise, but
pressure is mounting amongst legislative leadership and the Governor’s office to reach an agreement. Some members have
expressed interest in going into recess for a few weeks as day-to-day action on the floor is minimal. After the 120-day
mark, legislators’ per diem is reduced to $10 per day for legislators who permanently reside within Maricopa County and
$20 per day for legislators living outside of Maricopa.
Of the 1,829 measures introduced this session, 332 bills have been signed into law. 35 Senate bills are ready for Committee
of the Whole in the House, and 44 House bills are eligible to move forward in COW in the Senate. Only eight measures
await consideration in Third Read.
State Budget
Discussions on what the FY 22 budget will look like continue among legislative leaders, including a proposal to create a
2.5% flat income tax. Mayors, local leaders and the League have been communicating to lawmakers the effects of a flat tax
on city and town budgets. This proposal would constitute the largest cut to cities and towns in the state’s history and would
have the unintended consequence of stalling growth and economic development during a time of economic uncertainty.
Local leaders acknowledge that it is the Legislature’s role to set tax policy. However, cities and towns request that any tax
proposals take into account the implications on local governments and hold them harmless so as to not negatively impact
local revenues.
The efforts of the League and local leaders have made an impact. This is a critical time in the session when lawmakers
should be fully informed of the implications of cuts to local revenues and how those cuts will directly affect public safety,
economic development, and any future plans for infrastructure. We ask that you continue to engage with your legislators
and ask them to hold cities and towns harmless in any statewide tax policy changes.
Tobacco and Vape Preemption
On Thursday the Senate approved HB2682 tobacco; vapor; alternative nicotine; regulation, legislation sponsored and
lobbied by the tobacco industry, including JUUL and R.J. Reynolds who sell and market cigarettes and vape products.
Among other provisions, the bill preempts cities and towns from regulating the sale and marketing of tobacco and
vape products, limits local zoning authority that would keep tobacco stores away from schools, and allows outdoor tobacco
advertising, in some cases, to be less than a football field length away from schools, free from regulation. The League
and organizations representing schools, local governments, and healthcare vehemently opposed the legislation.
In a surprising development, five Democratic senators joined with most of the chamber’s Republicans to vote in favor of the
bill, where it was approved with 18-10-2. It continues to the House for concurrence and a final vote. Please reach out to
your House delegation and ask they reject Big Tobacco’s preemption legislation.
Civil Asset Forfeiture
As noted in last week’s bulletin, the Legislature passed HB2810 civil asset forfeiture; conviction; procedures. The measure
requires that prosecutors and law enforcement agencies make a conviction prior to seizing property connected to criminal
activity. Despite opposition from various law enforcement agencies across the state, the measure was signed into law by
Governor Ducey on Wednesday. In his signing letter, the Governor noted confidence and trust in local law enforcement’s
ability to implement HB2810 and combat organized crime and criminal activity. The measure is effective on the general
effective date, 90 days after the legislature adjourns sine die.
Civilian Review Boards
In the last week, the Legislature acted on two measures related to the makeup of civilian review boards and requirements
for members serving on those boards. HB2567 sponsored by Representative John Kavanagh (R-Scottsdale) requires that
sworn officers from the same department make up two-thirds of the boards’ membership. HB2462 sponsored by
Representative Kevin Payne (R-Peoria) requires that members serving on civilian review boards receive 80 hours of state-
certified police officer training or complete a police academy.
The League opposed both measures as they made their way through the legislative process as both have the potential to
erode the public’s confidence and the legitimacy of civilian review boards. With respect to HB2567, civilian review boards
are intended to serve as a forum for receiving independent feedback and recommendations from the community. To stack
the board in a way that is not reflective of the community would undermine the board’s goal. Additionally, the requirements
for serving on a board outlined in HB2462 are overly burdensome. A number of municipalities offer citizen police academies
that provide constituents a meaningful understanding of an officer’s role in the community – however, under the bill, even
this education would not suffice to meet the requirements outlined in HB2567. Both bills passed the Legislature on a party
line vote, HB2567 was signed by the Governor on Wednesday and HB2462 was signed today.
Legislative Bill Monitoring
All bills being actively monitored by the League can be found here.
ITEM 7. G.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/18/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Grady E. Miller, Town Manager
Staff Contact Information: Grady E. Miller, Town Manager
Request to Town Council Regular Meeting (Agenda Language): DISCUSSION WITH POSSIBLE
DIRECTION regarding proposed policy ideas submitted to the Arizona League of Cities and Towns for
consideration by the Resolutions Committee.
Staff Summary (Background)
The Arizona League of Cities and Towns has requested its member agencies to identify policy issues for
consideration by the League's Policy Committee. The Policy Committee will review the submitted policy
issues and make recommendations on their future development. Some of these issues will then go
before the Resolutions Committee as formal resolutions for the League's legislative agenda. Other
issues may become part of a non-legislative solution.
Attached is a document from the Arizona League of Cities and Towns that describes the resolutions
process and includes a Policy Issue Submittal Form. At the Town Council meeting on May 18, 2021, it is
requested that the Mayor and Council identify and provide policy proposals to staff that can be
submitted to the Arizona League of Cities and Towns. Policy submissions will generally consist of
changes to state law to make it possible for cities and towns to be more effective in serving our
residents, but they can also be policy recommendations that can be accomplished through model local
ordinances, best practices, or other methodology.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff respectfully requests the Town Council to provide policy ideas for consideration by the Resolutions
Committee of the League of Arizona Cities and Towns.
SUGGESTED MOTION
MOVE to APPROVE the following policy ideas for submittal to the Arizona League of Cities and Towns for
consideration by the Resolutions Committee:
________________________________; and
________________________________; and
________________________________
Attachments
League Resolutions Process
Policy Committee Deadlines
Form Review
Inbox Reviewed By Date
Finance Director David Pock 05/12/2021 04:33 PM
Town Attorney Elizabeth A. Klein 05/13/2021 02:37 AM
Town Manager (Originator)Elizabeth A. Klein 05/13/2021 02:38 AM
Form Started By: Grady E. Miller Started On: 05/12/2021 12:35 PM
Final Approval Date: 05/13/2021
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League of Arizona Cities and Towns Policy Committees and Resolutions Process Overview
2021
Overview
The Policy Committee framework was established to give city and town elected officials and
staff the opportunity to provide direction and expertise on proposed policy issues that come to
the League. After submitted policy issues are discussed and vetted in the appropriate policy
committee, they may become a League Resolution, be referred for further study or they may
have a non-legislative solution.
Issues can be submitted throughout the year so there is not a deluge right before the League
Annual Conference when the Resolutions Committee meets. This gives the committee members
and League staff ample time to study the issues and formulate solutions. If the committee
recommends that the issue should be developed into a League Resolution, the issue must be
provided to all cities and towns before the League Annual Conference in August/September so
that individual cities and towns may consider them prior to the Resolutions Committee Meeting.
To adhere to this schedule, all policy issues must be submitted no later than a week before the
policy committee meets.
Policy Committee Membership
The Policy Committee chairs are members of the Executive Committee and are selected by the
President of the League. The chairs will select their membership based on applications.
Municipal elected officials and staff are eligible to apply for a position on a Policy Committee by
submitting their interest to: resolutions@azleague.org. In addition, an individual city or town
may have only one vote on each committee; and only elected officials can vote on the direction
of the policy issue. Staff may participate in the discussion and offer their expertise but cannot
vote on the proposal. Committee membership is for one year, but members may re-apply to a
committee for another term.
Submission of Policy Issues
Cities and towns may submit policy issues any time of the year. The Policy Committee to which
the issue is assigned will decide if the issue becomes a formal resolution. The Vice President of
the League assigns policy submissions to one or more policy committees. To submit your policy
issue, please use the special form provided by the League below.
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Policy Committee Actions
Policy Committees will meet in May and June. The meetings are open for anyone to attend,
however only one elected official from each city on that committee may vote. The committee
may choose to advance the policy submission as a formal resolution, assign the submission to
further study, or propose a non-legislative solution. Outside experts may be invited to provide
additional input. The sponsoring city or town is responsible to present their case for their
submission at the policy committee.
Each chair shall prepare a report of their activities and the formal resolutions to the full
Resolutions Committee as a part of the Annual Conference packet. In addition, each Committee
Chair shall provide a verbal report to the Resolutions Committee. Only resolutions put forward
by the Policy Committees will be voted on at the Resolutions Committee at the Annual
Conference.
Resolutions Committee
Each member city or town shall receive a Resolutions Packet in preparation for the Annual
Conference and shall have a seat at the committee with either the mayor or a council member as
their voting representative. The Policy Committee chairs shall provide their reports and the
Resolutions Chair shall facilitate the meeting. The sponsoring city/town may be called upon to
provide additional information on a Resolution. Resolutions adopted at the Resolutions
Committee will be forwarded to the Annual Business Meeting for formal ratification.
Municipal Policy Statement
The adopted resolutions become the basis of the Municipal Policy Statement, the League’s
legislative priorities for the following legislative session. The statement is used to educate
legislators on the League’s highest priorities for that year.
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Policy Issue Submittal Form
Please use this form to submit your policy issue. The issue will be vetted by the relevant Policy
Committee, and may become a formal Resolution, or may go on for further discussion with a
non-legislative solution.
Guidelines
There are two types of resolutions:
1) Statements requesting a specific action, such as requesting that the Legislature enact a
statute relating to a zoning issue.
2) Statements of general policy direction, such as supporting increases for transportation
funding.
The resolutions process is designed for issues that impact a broad cross section of cities
and towns. Single city/town issues are not generally part of the League’s overall agenda.
Policy Issue
Please state the problem or issue.
Please state the solution you are promoting for your issue.
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The League Policy Committees with Meeting and Submittal Deadlines
2021 League Policy Committees have been scheduled and will begin in May. Participation on any of
the five policy committees are your opportunity to be involved in policy development resulting in
League Resolutions for cities and towns. Resolutions adopted at the Annual Conference provide
direction for our legislative program the following year. All mayors, council members and city
staff may participate on any committee.
The League Policy Committees will be meeting on the following dates: All policy committees will be held via Zoom conference call.
Budget, Finance and Economic Development (BFED)
Chair: Mayor Kevin Hartke, Chandler
Staff: Tom Savage, tsavage@azleague.org
• May 5, 2021 – 2:00 pm to 4:00 pm (Policy Issue Submittal Deadline: April 28)
• June 3, 2021 – 2:00 pm to 4:00 pm (Policy Issue Submittal Deadline: May 27) General Administration, Human Resources and Elections (GAHRE)
Chair: Mayor Alexis Hermosillo, El Mirage
Staff: Tom Belshe, tbelshe@azleague.org
• May 4, 2021 – 10:00 am to 12:00 pm (Policy Issue Submittal Deadline: April 27)
• June 2, 2021 – 10:00 am to 12:00 pm (Policy Issue Submittal Deadline: May 26)
Transportation, Infrastructure and Public Works (TIPW)
Chair: Mayor Christian Price, Maricopa
Staff: René Guillen, rguillen@azleague.org
• May 6, 2021 – 2:00 pm to 4:00 pm (Policy Issue Submittal Deadline: April 29)
• June 1, 2021 – 2:00 pm to 4:00 pm (Policy Issue Submittal Deadline: May 25)
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Public Safety, Military Affairs and the Courts (PSMAC)
Chair: Mayor Jerry Weiers, Glendale
Staff: Roxanna Pitones, rpitones@azleague.org
• May 4, 2021 – 2:00 pm to 4:00 pm (Policy Issue Submittal Deadline: April 27)
• June 3, 2021 – 10:00 am to 12:00 noon (Policy Issue Submittal Deadline: May 27)
Neighborhoods, Sustainability and Quality of Life (NSQL)
Chair: Mayor Sandy Moriarty, Sedona
Staff: Matt Lore, mlore@azleague.org
• May 5, 2021 – 10:00 am to 12:00 pm (Policy Issue Submittal Deadline: April 28)
• June 1, 2021 – 10:00 am to 12:00 pm (Policy Issue Submittal Deadline: May 25)
If you are a member of a Policy Committee and want to remain on that committee, you must notify
the League staff member assigned to your committee. If you are not currently on a committee
or wish to serve on a different or additional committee, please let the League staff member
assigned to that committee know of your interest.