HomeMy WebLinkAboutAGENDApacket__02-18-25_0123_677
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
Mayor Gerry M. Friedel
Vice Mayor Hannah Toth
Councilmember Gayle Earle
Councilmember Brenda Kalivianakis
Councilmember Rick Watts
Councilmember Peggy McMahon
Councilmember Allen Skillicorn
TIME:5:30 P.M. – REGULAR MEETING
WHEN:TUESDAY, FEBRUARY 18, 2025
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 a 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
Instructions
The public is welcome to participate in Council meetings.
TO SPEAK TO A CONSENT OR REGULAR AGENDA ITEM, complete a Request to Comment card and
hand it to the Town Clerk prior to discussion of that item. Include the agenda item NUMBER on
which you wish to comment. A separate submission is required for each agenda item. Request to
Comment cards will not be accepted once the Council deliberations begin. Submit a Request to
Comment card prior to a public hearing agenda item.
TO COMMENT ON A CONSENT OR REGULAR AGENDA ITEM IN WRITING ONLY, complete a
Request to Comment card, indicating that it is a written comment, check the box on whether you
are FOR or AGAINST a consent or regular agenda item, and hand it to the Town Clerk prior to
discussion on that item. A separate submission is required for each agenda item.
TO SPEAK TO CALL TO THE PUBLIC, complete a Request to Comment card and hand it to the Town
Clerk. 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 IN WRITING ONLINE: Visit https://www.fountainhillsaz.gov/publiccomment and
submit a Request to Comment card by 3:00 PM on the day of the meeting. These comments are
shared with the Town Council.
This Request to Comment card, and any information you write on it, is a public record subject to
public disclosure.
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).
AGENDA
1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Friedel
2.INVOCATION - Pastor Clayton Wilfer, JOY Church
3.ROLL CALL – Mayor Friedel
4.STATEMENT OF PARTICIPATION
5.REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
A.MAYOR'S BUSINESS SPOTLIGHT
B.STELLAR STUDENTS
6.PRESENTATIONS
A.PRESENTATON: Update from the Fountain Hills Unified School District Superintendent Dr. Cain Jagodzinski
B.PRESENTATION: Chief Ott will provide an overview of the first year of the Fountain Hills Fire
Department with an outlook for next year.
7.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.
8.CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be enacted by one
motion of the Council. All motions and subsequent approvals of consent items will include all recommended staff
stipulations unless otherwise stated. There will be no separate discussion of these items unless a councilmember or member
of the public so requests. If a councilmember or member of the public wishes to discuss an item on the Consent Agenda,
he/she may request so prior to the motion to accept the Consent Agenda or with notification to the Town Manager or
Mayor prior to the date of the meeting for which the item was scheduled. The items will be removed from the Consent
Agenda and considered in its normal sequence on the agenda.
A.CONSIDERATION AND POSSIBLE ACTION: Approving the Town Council Regular Meeting Minutes of
January 21, 2025.
9.REGULAR AGENDA
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the recommended appointment and
Town Council Regular Meeting of February 18, 2025 2
A.CONSIDERATION AND POSSIBLE ACTION: Approval of the recommended appointment and
reappointments to the Strategic Planning Advisory Commission.
B.CONSIDERATION AND POSSIBLE ACTION: Provide staff with direction on updating the Town's Sign
Regulations contained in Chapter 6 of the Zoning Ordinance.
C.CONSIDERATION AND POSSIBLE ACTION: Provide direction to staff on possible modifications to the
Zoning Ordinance regarding community residences.
D.CONSIDERATION AND POSSIBLE ACTION: 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.
10.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.
11.FUTURE AGENDA ITEMS
12.ADJOURNMENT
Dated this 12th day of February, 2025.
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call
480-816-5100 (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.
On the day of the Council Meeting, the Council Chamber doors open at 5:15 p.m. for public seating.
Town Council Regular Meeting of February 18, 2025 3
ITEM 6. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2025 Meeting Type: Town Council Regular Meeting
Agenda Type: Presentations Submitting Department: Administration
Prepared by: Amanda Jacobs, Economic Development Director
Staff Contact Information: Amanda Jacobs, Economic Development Director
Request to Town Council Regular Meeting (Agenda Language): PRESENTATON: Update from the Fountain Hills
Unified School District Superintendent Dr. Cain Jagodzinski
Form Review
Inbox Reviewed By Date
Town Attorney Aaron D. Arnson 02/04/2025 05:14 PM
Interim Town Manager
Town Attorney
Town Manager
Form Started By: Amanda Jacobs Started On: 02/04/2025 10:02 AM
ITEM 6. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2025 Meeting Type: Town Council Regular Meeting
Agenda Type: Presentations Submitting Department: Fire Department
Prepared by: Dave Ott, Fire Chief
Staff Contact Information: Dave Ott, Fire Chief
Request to Town Council Regular Meeting (Agenda Language): PRESENTATION: Chief Ott will provide an
overview of the first year of the Fountain Hills Fire Department with an outlook for next year.
Staff Summary (Background)
A summary of the first year of the Fountain Hills Fire Department.
Form Review
Inbox Reviewed By Date
Fire Chief (Originator)Dave Ott 02/05/2025 01:40 PM
Town Attorney Aaron D. Arnson 02/06/2025 02:31 PM
Town Manager
Form Started By: Dave Ott Started On: 01/30/2025 06:45 AM
ITEM 8. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2025 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Kandace French Contreras, Town Clerk
Staff Contact Information: Kandace French Contreras, Town Clerk
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION:
Approving the Town Council Regular Meeting Minutes of January 21, 2025.
Staff Summary (Background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took
place at the meeting for archival purposes. Approved minutes are placed on the town's website and maintained
as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
A.R.S. Section 38-431.01
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommend approving the Town Council Regular Meeting Minutes of January 21, 2025.
SUGGESTED MOTION
MOVE to approve the Town Council Regular Meeting Minutes of January 21, 2025, as presented.
Attachments
2025.0121 Minutes for Approval
Form Review
Form Started By: Kandace French Contreras Started On: 01/23/2025 10:26 AM
Final Approval Date: 01/23/2025
Having no further business, Mayor Gerry M. Friedel adjourned the Regular
Meeting of the Fountain Hills Town Council held on January 21, 2025, at 8:24 p.m.
TOWN OF FOUNTAIN HILLS
_______________________
Gerry M. Friedel, Mayor
ATTEST AND PREPARED BY:
__________________________________
Kandace French Contreras, Town Clerk
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the
minutes of the Regular Meeting held by the Town Council of Fountain Hills in the
Town Hall Council Chambers on the 21st day of January 2025. I further certify
that the meeting was duly called and that a quorum was present.
DATED 18th day of February 2025.
_________________________________
Kandace French Contreras, Town Clerk
ITEM 9. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2025 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Angela Padgett-Espiritu, Town Clerk
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION:
Approval of the recommended appointment and reappointments to the Strategic Planning Advisory Commission.
Staff Summary (Background)
The Council Subcommittees for the Town’s Boards, Commissions, and Committees oversee the appointment
process for new members based on term expirations, vacancies due to resignations, or changes in membership
eligibility. While appointments are generally made biannually in April and October, a recent resignation created
an unanticipated vacancy on the Strategic Planning Advisory Commission, necessitating a special recruitment
process.
In addition to this, three commissioners' terms are set to expire on April 30, 2025.
To fill this vacancy, Town staff conducted a recruitment process and forwarded the applications to the Council
Subcommittee for the Boards, Commissions, and Committees. On January 30, 2025, the Subcommittee
convened to:
Interview seven candidates for the vacant seat on the Strategic Planning Advisory Commission.
Review reappointment requests from Chair Patrick Garman, Commissioner Randy Crader and
Commissioner Bernie Hoenle, whose terms will expire on April 30, 2025.
Related Ordinance, Policy or Guiding Principle
Chapter 2A of the Town Code.
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
Recommendations to the Mayor have been made by the Council Subcommittee.
Staff Recommendation(s)
Approve the Council Subcommittee’s recommendations for appointments to the Strategic Planning Advisory
Commission, as follows:
Appointment of __________________ to a partial term from March 1, 2025, to April 30, 2026.
Reappointment of ______________________ to a full term from May 1, 2025, to April 30, 2028.
Reappointment of ______________________ to a full term from May 1, 2025, to April 30, 2028.
Reappointment of ______________________ to a full term from May 1, 2025, to April 30, 2028.
SUGGESTED MOTION
MOVE to approve the Council Subcommittees' recommendations for appointment to the Strategic Planning
Advisory Commission to fill the current vacancy, and to reappoint the current members for an additional term,
as presented.
Form Review
Inbox Reviewed By Date
Stop has been removed Angela Padgett-Espiritu 02/05/2025 04:18 PM
Stop has been removed Angela Padgett-Espiritu 02/05/2025 04:19 PM
Town Attorney Aaron D. Arnson 02/06/2025 02:31 PM
Town Attorney Aaron D. Arnson 02/04/2025 05:14 PM
Town Manager
Town Attorney Aaron D. Arnson 02/06/2025 02:31 PM
Town Manager
Form Started By: Angela Padgett-Espiritu Started On: 02/04/2025 01:49 PM
ITEM 9. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2025 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION:
Provide staff with direction on updating the Town's Sign Regulations contained in Chapter 6 of the Zoning
Ordinance.
Staff Summary (Background)
The Town's sign ordinance has been periodically updated and modified over the years to respond to changing
needs and desires for signage in the Town. A major revision was completed in November 2021 to bring the
regulations into conformance with the 2015 U. S. Supreme Court ruling that sign regulations needed to be
content neutral. The last update was approved by the Town Council in October 2023.
At the Town Council meeting held on January 21, 2025, the Council directed staff to again review and revise the
Town's sign regulations but no direction was given as to the issues that need to be addressed or the goals to
accomplish. This item has been placed on the Council agenda so the Council can provide staff with further
direction on what changes should be considered by the Planning and Zoning Commission.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Chapter 6, Sign Regulations
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff is seeking Council direction on possible modifications to prepare for Planning and Zoning Commission
review and recommendation. No staff recommendations are being made at this time.
SUGGESTED MOTION
No motion is anticipated, staff is seeking direction from the Council to proceed with this review and update to
the Zoning Ordinance.
Attachments
Existing Sign Regulations
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 02/03/2025 08:22 AM
Town Attorney Aaron D. Arnson 02/03/2025 09:30 AM
Town Manager
Form Started By: John Wesley Started On: 01/30/2025 08:49 AM
Chapter 6
Sign Regulations
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 chapter 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;
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 1 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
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.
B. Applicability.
1. Subject of This Chapter. All signs as defined in this chapter are subject to the provisions of this chapter as
they pertain 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 chapter 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 the 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 chapter appear to conflict.
4. Controlling Document. This chapter 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 the
ordinance codified in this chapter. Where this chapter imposes a greater restriction on a sign than is imposed
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 2 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
or required by other Fountain Hills Town Codes, provisions, allowances, or ordinances, the provisions of this
chapter control.
5. Definitions Used. Definitions for specific terms used in this chapter are principally found in Section 6.02.
Additional definitions are also provided in Chapter 1 of the Zoning Ordinance and in the Fountain Hills Town
Code. Definitions not included in this chapter, 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 the ordinance codified in this
chapter 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 chapter
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 chapter.
C. Repeal and Severability.
1. If any section, subsection, paragraph, sentence, clause, or phrase of this chapter 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 chapter. The Town of Fountain Hills hereby declares that it
would have passed the ordinance codified in this chapter, and each section, subsection, sentence, clause, and
phrase thereof, regardless of 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 chapter 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 allowed, 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 chapter to the
contrary, any noncommercial message may be substituted for the message placed on any sign allowed by this
chapter.
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 chapter. This includes the
placement, removal, maintenance, replacement, or alteration of the sign, as may be applicable.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 3 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
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 chapter, 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 chapter or removing the sign. (23-04, Amended, 10/17/2023, Deleted
and replaced; 21-09, Amended, 05/18/2021, Deleted and replaced)
Section 6.02 Definitions
A-Frame or T-Frame. See Section 6.08(A)(1) for description, allowances, and standards.
Awning or Canopy Sign. See Section 6.08(A)(2) for description, allowances, and standards.
Balloon. See Section 6.08(A)(3) for description, allowances, and standards.
Banner. See Section 6.08(A)(4) for description, allowances, and standards.
Building Wall Sign. See Section 6.08(A)(5) for description, allowances, and standards.
Drive-Through Sign. See Section 6.08(A)(6) for description, allowances, and standards.
“Electronic message centers” means a permanent sign that is capable of displaying alternating, variable, or
changeable copy that is electronically changed by remote or automatic means. See Section 6.07(C)(4) for
description, allowances, and standards.
“Feather” or “flag banner” means a temporary sign made of fabric or vinyl attached to a pole on one side. This sign
type is prohibited, see Section 6.07(E)(9).
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 4 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
Flag. See Section 6.08(A)(7) for description, allowances, and standards.
Freestanding Wall/Fence Sign. See Section 6.08(A)(8) for description, allowances, and standards.
Hanging or Under-Canopy Sign. See Section 6.08(A)(9) for description, allowances, and standards.
Monument Sign. See Section 6.08(A)(10) for description, allowances, and standards.
“Off-site sign” means 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 Sign. See Section 6.08(A)(11) for description, allowances, and standards.
“Permanent sign” means 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.
Post and Board. See Section 6.08(A)(12) for description, allowances, and standards.
Projecting Sign. See Section 6.08(A)(13) for description, allowances, and standards.
“Residential directional sign” means A-frame, T-frame, or yard signs used to direct traffic to a home. See Section
6.08(C) for allowances and standards.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 5 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
“Right-of-way” means the area dedicated to the Town for roadway, sidewalk, and utility purposes. The edge of a
right-of-way is the same as an adjacent property line and is generally five to ten (10) feet behind a curb or edge of
paving.
“Roof sign” means 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” means 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, light displays, or
logo sculptures.
“Sign copy” means the letters, numerals, figures, symbols, illustrations, logos, and graphic characters used to make
up the sign message.
Sign Walker. See Section 6.08(A)(14) for description, allowances, and standards.
“Temporary sign” means 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 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).
“Town Center pedestrian area” is designated as shown in the figure below.
TOWN CENTER PEDESTRIAN AREA
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 6 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
Vehicle Sign. See Section 6.08(A)(15) for description, allowances, and standards.
Window Sign. See Section 6.08(A)(16) for allowances and standards.
Yard Sign. See Section 6.08(A)(17) for allowances and standards. (23-04, Amended, 10/17/2023, Deleted and
replaced; 21-13, Amended, 11/02/2021; 21-09, Amended, 05/18/2021, Deleted and replaced)
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:
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 7 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
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 chapter, including Zoning Administrator
approval when required:
1. Street address numbers.
2. Any sign four square feet or less in area not otherwise prohibited by this chapter.
3. Repainting.
4. Minor, nonstructural repairs to signs or sign supports.
5. Temporary 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 chapter. (23-04, Amended, 10/17/2023, Deleted and replaced; 21-09, Amended, 05/18/2021,
Deleted and replaced)
Section 6.04 Violations, Enforcement, and Penalty
A. Permanent Signs.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 8 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
1. Any of the following shall be a violation of this chapter and shall be subject to the enforcement remedies
and penalties provided by the Town of Fountain Hills Zoning Ordinance, Fountain Hills Town Code, and by
state law, as applicable:
A. 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.
B. To install, create, erect or maintain any sign requiring a permit without such a permit.
C. To fail to remove any sign that is installed, created, erected or maintained in violation of this
chapter, or for which the building permit has lapsed.
D. To fail to remove any sign identifying or advertising a business or any product sold thereby in the
event the business ceases operation for more than a ninety (90) day period or has no active business
license.
2. 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. In the case of outdoor advertising uses or
structures, the violation must constitute an immediate threat to the health and safety of the general public
before each day of a continued violation may be considered a separate violation for penalty purposes.
3. The violations set forth in this section are declared to be civil in nature. The responsible parties for
enforcement purposes are:
A. The owner or operator of the business identified on the sign; and
B. The owner of the property to which the sign is directing pedestrian or vehicular traffic.
C. The owner of the property where the sign is physically located.
4. Enforcement of permanent sign regulations may be made through the use of the civil citation process
set forth in Section 1-8-3 of the Town Code and/or through one of the actions listed below:
A. Issuing a stop-work order for any and all work on any signs on the same lot;
B. Seeking an injunction or other order of restraint or abatement that requires the removal of the
sign(s) or the correction of the nonconformity; or
C. 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;
D. 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. Temporary Signs.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 9 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
1. It shall be a violation of this chapter to install, erect or maintain any temporary sign in a way that is
inconsistent with the provisions of this chapter.
2. 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. In the case of outdoor advertising uses or
structures, the violation must constitute an immediate threat to the health and safety of the general public
before each day of a continued violation may be considered a separate violation for penalty purposes.
3. Enforcement of temporary sign regulations includes, but is not limited to, the following:
A. Issuing a civil citation for the violation as set forth in Section 1-8-3 of the Town Code;
B. Confiscation of sign(s); and/or
C. Any of the enforcement methods provided for permanent signs, as applicable.
C. 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. (23-04, Amended, 10/17/2023, Deleted and replaced; 21-09,
Amended, 05/18/2021, Deleted and replaced)
Section 6.05 Reserved
Repealed by Ord. 23-04.
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.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 10 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
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 including 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 allowed height and area of signs as specified in this chapter 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. (23-04, Amended, 10/17/
2023, Deleted and replaced; 21-09, Amended, 05/18/2021, Deleted and replaced)
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 11 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
Section 6.07 General Regulations
A. Maintenance.
1. Any sign hereafter erected or maintained shall maintain conformance to the provisions of this chapter
and the provisions of the Town Code.
2. Every sign allowed by this chapter 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 chapter, 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 chapter; 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. Location Requirement. Signs shall be placed on the property for which the business, activity, commodity,
service, product, or event is conducted, sold, or offered. The following exceptions may be allowed:
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.
c. Temporary signs may be allowed off site in the public right-of-way as specified for each sign type in
Section 6.08.
2. Prohibited Locations. Signs are prohibited in the following locations:
a. Town rights-of-way and public property. More specifically:
i. Within, on, or projecting over the right-of-way, except as:
1. Specifically provided for in this chapter for A-frame, T-frame, post and board, and yard
signs;
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 12 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
2. Allowed through Town approval of a special event permit; or
3. Allowed by ARS 16-1019, whether or not a primary election is scheduled to occur during
the election cycle. For nonprimary elections the signs may be placed up to sixty (60) days prior
to the election.
ii. Within a median or on public property, unless otherwise allowed by this chapter.
b. In a manner that creates safety, visibility, or access hazards. More specifically:
i. Placed in a manner that obstructs the visibility of any authorized traffic sign, traffic signal, or
another traffic control device.
ii. Placed in a manner that blocks the vehicular line of sight at a street intersection, or the
intersection of a street and driveway.
iii. Placed in a manner that obstructs ADA access or prevents ingress or egress from any window
or door, or other accessway required by the building code or fire code as adopted by the Town of
Fountain Hills.
iv. 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.
c. In a manner that interferes with or obstructs the architectural design of the building. More
specifically:
i. Covers the architectural features of a building such as dormers, insignias, pilasters, soffits,
transoms, trims, or similar architectural elements or devices.
ii. 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.
d. Miscellaneous Prohibited Locations.
i. 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.
ii. 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.
iii. Attached to a standpipe, gutter, drain, or fire escape, or placed in a manner that impairs roof
access.
e. Temporary signs within the Shea Boulevard right-of-way, except as specifically provided in this
chapter.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 13 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
C. Nonconforming Signs.
1. Any sign legally existing at the time of the passage of the ordinance codified in this chapter that, due to
changes in this chapter no longer conforms in use, location, height or size with the regulations of this chapter,
shall be considered a legal nonconforming 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 (C)(2)
and (C)(3) of this section, any change in the sign, including a fifty percent (50%) or more change of sign copy,
shall be considered an abandonment and the legal nonconforming status of the sign shall become void.
2. Whenever the name of a business or other sign text changes, any legal nonconforming signs associated
with the business shall be modified to bring them into conformance with this chapter, even though the
change is a change of sign copy only. This subsection shall not apply to signs designed with interchangeable
letters or panels or to the text area of a monument sign.
3. Legal nonconforming 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.
4. Electronic message center signs approved prior to the adoption of this section are legal, nonconforming
signs which can continue to operate according to the regulations stated below provided, if they are
abandoned as provided in subsection (C)(1) or (C)(3) of this section, they shall no longer be allowed and must
be removed.
a. There shall be no moving or flashing green or red features that can be mistaken as traffic control
devices.
b. Each message on the sign must be displayed a minimum of eight seconds.
c. EMCs 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.
d. Message change is allowed through fade, dissolve, travel, or scrolling modes not to exceed two
seconds in transition.
e. When a business is closed, the sign may continue to be lit, but may only display a static message.
f. Nighttime Allowances. From one hour after official sunset until one hour before official sunrise, the
maximum luminance level of any EMC shall be one hundred (100) nits.
g. 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 the National Institute for
Standards and Technology (NIST) standard and using accepted professional practices for measurement
as established by the Development Services Director.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 14 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
h. 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 one hundred (100) nits maximum
nighttime luminance requirement.
i. In the event a sign is found to be out of compliance with the luminance levels required by this
chapter, the sign shall remain off until the sign is brought into compliance.
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 or two 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 shapes are used, the shapes must include at least one
point of common tangency between the two shapes.
Example Sign Area
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 15 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
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. Multifaced 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.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 16 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
Example Sign Face Area
iv. Three dimensional, sculptural or other nonplanar 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
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 17 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
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 allowed in Section 6.08(A)(16).
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 allowed.
5. Billboards.
6. Nonelectrically illuminated signs.
7. Any nonpublic signs in public right-of-way or on public property, except as otherwise specifically allowed.
8. All off-site signs, except as specifically allowed in this chapter.
9. All banners, pennants, streamers, feather signs, balloons, flags, searchlights, strobe lights, beacons, and
inflatable signs, except as specifically defined and allowed in this chapter.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 18 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
10. Any sign imitating an official traffic control sign and any sign or device obscuring one or more traffic
control signs or devices.
11. Any sign which is structurally unsafe, unsafely installed, or otherwise hazardous to physical safety.
12. Signs not authorized by the property owner.
13. Electronic message centers.
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 subsection (C)(4) of this section 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.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 19 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
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. (23-04,
Amended, 10/17/2023, Deleted and replaced; 21-13, Amended, 11/02/2021; 21-09, Amended, 05/18/2021,
Deleted and replaced)
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. Description. A self-supporting, temporary, lightweight, portable sign made of durable, nonpliant
material such as wood, sheet metal, or plastic that is designed to rest atop the ground without
penetrating the ground.
b. Zoning/Use.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 20 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
i. Single-family and multifamily residential zoning districts, PAD zoning with a residential land use,
and residential developments in commercial zoning districts only when in compliance with
subsection C of this section;
ii. Commercial or industrial zoning districts; and
iii. PADs with commercial or industrial uses.
c. Size/Height.
i. Maximum sign area for any sign is six square feet.
ii. When multiple signs are used, the maximum aggregate area is nine square feet.
iii. Maximum sign height is three feet.
d. Number.
i. In single-family and multifamily districts, as allowed by subsection C of this section.
ii. One per business per public entry in commercial or industrial districts with a maximum of two
per business.
e. Location. Shall not be used as an off-site sign, except as provided below:
i. On property held in common by members of a property owner’s association or on property
owned by the business owner’s landlord, but not within any designated parking or loading area.
ii. As provided in subsection C of this section for residential zoning and land uses.
iii. In the public right-of-way, including Shea Boulevard, under the following conditions:
1. All commercial and industrially zoned areas and in the right-of-way adjoining these zoning
districts.
2. Signs placed in the public right-of-way must adhere to the following requirements:
A. Shall not be located on the paved portion of any public street or in any median;
B. Shall not be located within a designated parking or loading area;
C. Shall not be located in a manner that poses a traffic vision hazard;
D. Shall not be located on a public sidewalk except in the Town Center pedestrian area
when there is at least four feet of clear passage around at least one side;
E. Shall be at least two feet from any curb or edge of pavement; and
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 21 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
F. Shall be removed between the hours of official sunset and official sunrise, except in
the Town Center pedestrian area.
f. Miscellaneous Requirements.
i. Attachments to A-frame signs are limited to not more than four balloons or flags, no more than
one square foot in size, each flown with the top of the balloon no higher than ten (10) feet from the
ground.
ii. Landscaping cannot be modified or damaged to accommodate an A-frame sign.
2. Awning or Canopy Sign.
a. Description. A permanent sign that is applied to, placed on, affixed to, or painted on an awning or
canopy.
b. Zoning/Use.
i. Permitted nonresidential uses in a residential zoning district;
ii. An apartment building in a multifamily zoning district;
iii. Commercial or industrial zoning districts; and
iv. PADs with similar uses.
c. Size/Height.
i. A sign placed on the side or face of an awning or canopy may not exceed twenty-five percent
(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 square foot 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.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 22 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
d. Number. One sign per occupancy.
e. Location. On an approved canopy.
f. Miscellaneous Requirements.
i. When placed on top of a canopy, must consist of individual alphanumeric characters only.
3. Balloons.
a. Description. A temporary sign professionally made from a bag or similar flexible, nonrigid enclosure
that holds gas or air and is attached by a tether to a fixed place.
b. Zoning/Use.
i. Permitted nonresidential uses in residential zoning districts;
ii. Commercial or industrial zoning districts; and
iii. PADs with similar uses.
c. Size/Height. No balloon shall be bigger than twenty-four (24) inches in diameter and can be no higher
than six feet from the ground.
d. Number. N/A.
e. Location.
i. When part of a business, within the area leased by the business.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 23 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
ii. When adjacent to a building, not more than four 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
allowed.
iv. Shall not be displayed within the perimeter landscape area.
v. Shall not encroach within on-site 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.
f. 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. Description. 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.
b. Zoning/Use.
i. Permitted nonresidential uses in residential zoning districts;
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 24 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
ii. Multifamily developments containing more than ten (10) units in multifamily or commercial
zoning districts;
iii. Commercial or industrial zoning districts; and
iv. PADs with similar uses.
c. Size/Height. Maximum sign area shall be thirty-two (32) square feet.
d. Number. One per occupancy.
e. 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 on-site 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.
f. Miscellaneous Requirements.
i. A banner permit must be obtained from the Development Services Department prior to display
of a banner sign. Except for new businesses as allowed in subsection (A)(4)(f)(iii)(2) of this section,
each permit shall be for a maximum of thirty (30) days.
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. Display of banner signs is subject to the following time allowances:
1. A maximum of thirty (30) days at a time for a total maximum of one hundred fifty (150)
days per calendar year. Additional days may be approved through approval of a temporary use
permit.
2. New businesses, as documented through the issuance of a new business license, may be
approved for display of a banner sign for up to one calendar year from the date the business
opens or until a permanent sign is erected, whichever occurs first. Sign must be maintained in
good repair. Message on the sign may be changed up to four times.
5. Building Wall Sign.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 25 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
a. Description. 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.
b. Zoning/Use.
i. Permitted nonresidential uses in residential zoning districts;
ii. Apartment complexes containing more than twenty (20) units in multifamily or commercial
zoning districts;
iii. Commercial or industrial zoning districts; and
iv. PADs with similar uses.
c. Size/Height.
i. One and one-half square feet 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 twenty-five percent (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-foot border from the edge of the building or suite
frontage, or a minimum two-foot separation between signs, whichever is greater.
d. Number. One sign for each fifty (50) feet of occupancy per street frontage, or portion thereof.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 26 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
e. Location. Shall not be located in a manner that is prohibited in Section 6.07(B)(2)(c).
f. 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-quarters
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 twenty-five percent (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. Description. 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.
b. Zoning/Use. Commercial or industrial zoning districts or PAD with similar uses.
c. Size/Height. Maximum sign area shall be twenty (20) square feet. Maximum sign height is five feet.
d. Number. Maximum of one per drive-through lane.
e. Location.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 27 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
i. Within five 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.
f. Miscellaneous Requirements.
i. Minimum of four square feet of landscaping per one square foot of sign area shall be provided
at the base of the sign.
7. Flags.
a. Description. 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.
b. Zoning/Use. Allowed in all zoning districts.
c. 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.
ii. The maximum flagpole height is the height allowed in the zoning district and Section 5.07(B).
d. Number.
i. If hung from the side of a building, one per unit or tenant space.
ii. Each flagpole may contain up to two flags.
e. Location. Flagpoles must be located so that if the pole should fall, it will remain on the property
containing the pole.
f. Miscellaneous Requirements.
i. Developed single-family lots may contain one flagpole.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 28 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
ii. Model home complexes may have two flagpoles on one lot and one flagpole on additional lots
up to a maximum of five flagpoles.
iii. All other properties may have up to two 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 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. Description. 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.
b. Zoning/Use.
i. Subdivision entry feature for single-family and multifamily developments in all residential
zoning districts;
ii. Commercial or industrial zoning districts; and
iii. PADs with similar uses.
c. Size/Height. Maximum sign area is twenty-four (24) square feet. Maximum sign height is six feet.
d. Number. One per development entry.
e. Location. Part of or attached to a perimeter wall surrounding a development.
f. Miscellaneous Requirements.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 29 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
i. A minimum of two square feet of landscape area per one 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, nonopaque panels are not allowed.
iii. The text area of the sign may be illuminated by fully shielded, ground mounted directional
lighting.
9. Hanging or Under-Canopy Sign.
a. Description. A permanent sign suspended from and located entirely under a covered porch, covered
walkway, awning, or canopy.
b. Zoning/Use. Any commercial or industrial zoning district and PADs with similar uses.
c. Size/Height. Maximum sign width is twenty-four (24) inches, maximum sign height is twelve (12)
inches. Minimum clearance is at least eight feet from the bottom of the sign to the sidewalk or surface
beneath the sign.
d. Number. One per occupancy.
e. Location. Under an awning or canopy associated with the business or activity.
f. Miscellaneous Requirements.
i. If located over an abutting Town right-of-way, must obtain an encroachment permit from the
Town.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 30 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
10. Monument Sign.
a. Description. A permanent sign mounted on or incorporated into a solid, self-supporting base that is
not part of a building or wall.
b. Zoning/Use.
i. Permitted nonresidential 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 multifamily
zoning districts;
iv. Commercial or industrial zoning districts; and
v. PADs with similar uses.
c. 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
Multiresidential 32 sq. ft. 8 feet
Commercial/Industrial 50 sq. ft. for an individual sign 12 feet
d. Number. One monument sign per lot or parcel for each full three hundred (300) feet of street
frontage.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 31 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
e. 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.
f. Miscellaneous Requirements.
i. A minimum of two square feet of landscaping per one 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, nonopaque panels are not allowed.
iv. The text area of the sign may be illuminated by fully shielded, ground mounted directional
lighting.
11. On-Site Directional Sign.
a. Description. A small permanent sign located adjacent to a driveway or drive aisle.
b. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses.
c. Size/Height. Maximum sign area is four square feet. Maximum sign height is five feet.
d. Number. As needed.
e. Location. At least twenty (20) feet from a public street and within five feet of a driveway or drive
aisle.
12. Post and Board Sign.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 32 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
a. Description. A temporary sign constructed of plywood, sheet metal, thick plastic, or similar material
attached to one or two posts fixed in the ground.
b. Zoning/Uses. Allowed in all zoning districts.
c. Size/Height.
i. Developed properties and undeveloped properties five acres or less in size, the maximum sign
area is six square feet. Maximum sign height is five feet in residentially zoned property and eight
feet in nonresidentially zoned property.
ii. Undeveloped property more than five acres in size, maximum sign area is thirty-two (32)
square feet. Maximum height is eight feet.
d. Number. One per lot per street front. For two- and three-unit condominium developments, may
have one per unit.
e. Location.
i. Shall not be used as an off-site sign, except on property held in common by members of a
property owner’s association, a condominium association, or on property owned by the business
owner’s landlord, but not within any designated parking or loading area.
ii. A property owner may place a sign within the public right-of-way, provided all portions of the
sign structure and sign face are at least two feet from the curb or edge of pavement and do not
overhang a sidewalk, and the sign is not within a sight visibility triangle for a street intersection or
driveway.
13. Projecting Sign.
a. Description. 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.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 33 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
b. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses.
c. Size/Height. Maximum sign width is three and one-half feet. Maximum sign height is six feet.
Minimum clearance is eight feet from the bottom of the sign to the sidewalk or surface beneath the sign.
d. Number. One per building.
e. Location. On the building outside the tenant space for which the sign is located.
f. 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. Description. A person who wears, holds, waves, or balances a sign in order to convey a commercial
message.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 34 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
b. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses.
c. Size/Height. Maximum sign area is five square feet.
d. Number. One sign per business.
e. 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.
f. 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. Description. A sign painted, attached, or affixed to a trailer, watercraft, truck, automobile, or other
form of motor vehicle.
b. Zoning/Uses. Commercial and industrial zoning districts and PADs with similar uses.
c. Size/Height. N/A.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 35 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
d. Number. N/A.
e. Location. Vehicle must be parked in an authorized location and in a lawful manner that is not distinct
or different from the predetermined parking area design.
f. 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. Description. Any poster, cut-out letters, painted text or graphics, or other text or visual presentation
affixed to, or located within six feet behind, a windowpane and placed to be read from the exterior of a
building. Such signs may be permanent or temporary.
b. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses.
c. Size/Height. May not cover more than fifty (50) percent of any window.
d. Number. N/A.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 36 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
e. Location. On a window or within six feet behind a window when intended to be viewed from outside
the building.
f. 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 square feet. No more than
two neon signs shall be allowed for any business.
17. Yard Signs.
a. Description. An easily portable temporary sign up to six square feet in size that can be implanted in
the ground without use of tools.
b. Zoning. Allowed in all zoning districts.
c. Size/Height. Maximum sign area is six square feet in single-family zoning districts and eight square
feet in all other zoning districts. Maximum sign height is three feet in single-family zoning districts and
five feet in all other zoning districts.
d. Number.
i. In single-family districts or uses, two signs per property.
ii. In multifamily districts or uses, two signs per property; if two- or three-unit condominium
development, two per unit.
iii. In commercial or industrial districts, one sign per business.
e. Location.
i. On private property.
ii. On property held in common by members of a property owner’s association or on property
owned by the business owner’s landlord, but not within any designated parking or loading area.
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 37 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
Disclaimer: The town clerk’s office has the official version of the Fountain Hills Zoning Ordinance. Users should
contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above.
Town Website: www.fh.az.gov
Hosted by General Code.
iii. Shall not be located within the public right-of-way in residential zoned areas, except when used
as provided in subsection C of this section.
iv. In the public right-of-way adjoining commercial or industrial zoned property, except on Shea
Boulevard. Shall be removed between the hours of official sunset and official sunrise, except in the
Town Center pedestrian area.
B. Temporary Sign Allowance for Construction on Undeveloped Property. Undeveloped properties with valid building
permits may display one temporary sign per street front not to exceed eight square feet in size and a maximum
height of five 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. Required government signs for construction projects are exempt from this
requirement.
C. Other Signs for Residential Uses.
1. Each single-family lot, condominium unit, or model home may place one A-frame, T-frame, or yard sign
anywhere on the property. Further, each single-family home, condominium complex, or model home cluster
may place one additional A-frame, T-frame, or yard sign off-site at each turning movement beginning at the
subject property out to a major street with a maximum of five additional signs.
2. Signs shall not be located within the public right-of-way associated with Shea Boulevard at any time, but
may be located within the public right-of-way of any other street between the hours of official sunrise and
official sunset. When located in the right-of-way, shall be placed at least two feet from the curb or edge of
pavement.
3. 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. (23-04, Amended,
10/17/2023, Deleted and replaced; 21-13, Amended, 11/02/2021; 21-09, Amended, 05/18/2021, Deleted
and replaced)
Ch. 6 Sign Regulations | Fountain Hills Zoning Ordinance Page 38 of 38
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
ITEM 9. C.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2025 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION:
Provide direction to staff on possible modifications to the Zoning Ordinance regarding community residences.
Staff Summary (Background)
Following an extensive process by the Planning and Zoning Commission, the Town Council approved a major
revision to the Zoning Ordinance to address community residences (otherwise known as group homes) in
May 2022. The Council approved some minor modifications to the regulations again in May 2024.
At the Town Council meeting held on January 21, 2025, the Council directed staff to again review and revise the
Town's community residence regulations but no direction was given as to the issues that need to be addressed
or the goals to accomplish. This item has been placed on the Council agenda for the Council to provide staff with
further direction on what changes should be considered by the Planning and Zoning Commission.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Section 1.12, Definitions
Zoning Ordinance Section 5.13, Community Residences
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff is seeking Council direction on possible modifications to prepare for Planning and Zoning Commission
review and recommendation. No staff recommendations are being made at this time.
SUGGESTED MOTION
No motion is anticipated, staff is seeking direction from the Council to proceed with this review and update to
the Zoning Ordinance.
Attachments
Existing Community Residence regulations
Related Definitions
Form Review
Inbox Reviewed By Date
Development Services Director (Originator)John Wesley 02/03/2025 08:23 AM
Town Attorney Aaron D. Arnson 02/03/2025 03:50 PM
Town Manager
Form Started By: John Wesley Started On: 01/30/2025 09:28 AM
Section 5.13 Community Residences
A. Standards.
1. To prevent the clustering of community residences and to better integrate community residence
residents into the surrounding neighborhood and community, such home must be located on a lot that is at
least one thousand three hundred twenty (1,320) feet from the exterior lot lines of another community
residence, measured by a straight line from the property line in any direction.
2. No more than two (2) persons per bedroom.
3. An individual required to register under Arizona law as a sex offender and classified as a Level II or Level
III community risk (intermediate to high risk) is not permitted to live in a community residence.
B. Application Requirements.
1. Copy of license or certified through one (1) or more of the following groups:
a. License or is certified by the State of Arizona Department of Health; or
b. License or is certified by the Arizona Recovery Housing Association; or
c. “Permanent” Oxford House charter.
2. If the property is being rented or leased, an acknowledgement from the property owner agreeing to the
use of the property as a community residence.
3. A description of the scope of services to be provided in the home and whether or not the residents will
be ambulatory.
4. A statement the home shall not house any person whose tenancy would constitute a direct threat to the
health or safety of other individuals or would result in substantial physical damage to the property of others.
5. The portions of any state license or third party certification application requirements that provide:
a. Names and contact information for contact individual(s) for the home who can respond to
complaints or emergencies.
b. Information regarding policies and procedures for residents and visitors related to parking, noise
emanating from the home, smoking, cleanliness of the public space near the home, and loitering in front
of the home or nearby homes are established, known to residents, and enforced.
c. Information regarding efforts to promote the safety of the surrounding neighborhood.
6. A floor plan of the home showing all bedrooms, living, and dining areas.
Ch. 5 General Provisions | Fountain Hills Zoning Ordinance Page 1 of 4
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
7. The applicant shall attest that they will provide all evidence permissible by code and authority having
jurisdiction necessary in response to a code enforcement inquiry, in particular, occupancy logs.
8. Evidence of the property’s appropriate Maricopa County tax classification for the use applied prior to
completion of registration and occupancy of the property.
9. A copy of the standard residency agreement for individuals to occupy the community residence.
10. Certification that no outpatient treatment center licensure will be solicited or occur on premises and
that medication distribution will not exceed what would normally be expected in a family home.
11. Owner and/or operator receives a Town business license.
C. Registration.
1. Registration of a community residence with the Town is required prior to beginning operation. An
approved registration is valid for one (1) year from date administratively issued.
2. Following receipt of a complete application for registration, the property will be inspected by the Building
Official and Fire Marshal for compliance with all life safety requirements. Any identified deficiencies must be
addressed and compliance verified through a follow-up inspection before the registration will be completed.
Unannounced follow-up inspections may be conducted upon a reasonable belief of noncompliance.
3. All required documents listed in subsection B of this section will be reviewed. Any required corrections or
clarifications must be submitted to complete the registration process.
4. When all registration requirements have been met, the Development Services Director will
administratively complete the Town’s registration process.
5. If all other requirements of this section are met, the Development Services Director may issue a
conditional registration for up to ninety (90) days while the applicant applies for and receives:
a. The license or certificate as required by subsection (B)(1) of this section;
b. The Maricopa tax verification required by subsection (B)(8) of this section; and
c. A Town business license.
The applicant may not occupy the residence until these items are received by the Town. If one (1) or more of
these items are not received by the Town within ninety (90) days, or is not approved, the registration of the
property will be rescinded. Should the license or certificate become revoked for any reason, the community
residence operator will have forty-five (45) days to vacate the property.
6. Reregistration. The community residence operator must register annually by submitting a new application
with any updated documents. The registration can be renewed if the following are met:
a. The home has maintained a current license or certificate.
Ch. 5 General Provisions | Fountain Hills Zoning Ordinance Page 2 of 4
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
b. The home or operator has maintained a current Town business license.
c. Reinspection of the property has verified ongoing compliance with:
i. Life safety standards;
ii. Occupancy limits; and
iii. The policies and procedures established in subsection (B)(5) of this section.
d. Verification of the current, appropriate Maricopa County tax status.
D. Any community residence that is in operation as of the adoption of this section shall be considered a legal
nonconforming use consistent with Section 4.01(B). Any new community residence or any residence that is in
operation but that transfers ownership shall be subject to the provisions of this section.
E. Waiver For Reasonable Accommodation. To establish a community residence that does not comply with the
occupancy or separation requirements, the applicant may apply to the Development Services Department for a
waiver for reasonable accommodation. In all cases the Development Services Director shall submit the request for
the waiver to the Community Residence Waiver Committee to make findings of fact in support of the
determinations and shall render the decision in writing. The application will initially be reviewed by the
Development Services Director for completeness. The Director may meet with and interview the applicant to
request additional supporting information to determine the necessity of the accommodation and to ascertain or
clarify information sufficient for the Committee to make the required findings.
1. To grant a waiver, the Committee shall find affirmatively all of the following standards:
a. The applicant demonstrates through documentation and evidence that the proposed community
residence can and will emulate a biological family and function as a residential use rather than an
institutional or other nonresidential use.
b. The applicant demonstrates through documentation and evidence that the proposed community
residence needs to house more than eight (8) residents in a family community residence or six (6)
residents in a transitional community residence or reduce the separation.
c. The applicant demonstrates through documentation and evidence that the proposed community
residence will not interfere with the normalization and community integration of the residents of any
existing community residence and that the presence of other community residences will not interfere
with the normalization and community integration of the residents of the proposed community
residence.
d. The applicant demonstrates through documentation and evidence that it will operate the home in a
manner similar to that ordinarily required by state licensing to protect the health, safety, and welfare of
the occupants of the proposed community residence.
Ch. 5 General Provisions | Fountain Hills Zoning Ordinance Page 3 of 4
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
Disclaimer: The town clerk’s office has the official version of the Fountain Hills Zoning Ordinance. Users should
contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above.
Town Website: www.fh.az.gov
Hosted by General Code.
e. The applicant demonstrates through documentation and evidence that there are no other viable
locations for the community residence and that the proposed community residence in combination with
any existing community residences will not alter the residential character of the surrounding
neighborhood by creating an institutional atmosphere or by creating a de facto social service district by
concentrating community residences on a block or in a neighborhood.
2. The Community Residence Waiver Committee shall be composed of the Town Development Services
Director, the Board of Adjustment chair or designee, and the Planning and Zoning Commission chair or
designee.
F. Violations and Penalties.
1. In addition to applicable penalties under Arizona law, violations of this section shall be subject to the
provisions of Town Code Section 1-8-3 regarding civil penalties.
2. In addition to the provisions above, registration for a community residence may be revoked and the
community residence required to vacate the property if:
a. The required registration, licensure or certificate lapse and are not reinstated within forty-five (45)
days of their last effective date; or
b. The property owner or community residence operator receives any combination of three (3)
violations related to the operation of the community residence from either the Town or the Arizona
Department of Health Services within a twelve (12) month period.
c. The applicant for the community residence knowingly provides false or misleading information on
the registration or annual renewal. (24-05, Amended, 05/07/2024; 22-01, Added, 05/03/2022)
Ch. 5 General Provisions | Fountain Hills Zoning Ordinance Page 4 of 4
The Fountain Hills Zoning Ordinance is current through Ordinance 24-15, passed October 15, 2024.
Zoning Ordinance Definitions, Section 1.12
Community Residence: A community residence is a residential living arrangement where
individuals live as a family in a single dwelling unit who are in need of the mutual support furnished
by other residents of the community residence as well as the support services, if any, provided by
the staff of the community residence. Residents may be self-governing or supervised by a
sponsoring entity or its staff, which provides habilitative or rehabilitative services related to the
residents’ disabilities. A community residence seeks to emulate a biological family to foster
normalization of its residents and integrate them into the surrounding community. Its primary
purpose is to provide shelter in a family-like environment. Medical treatment is incidental as in any
home. Supportive inter-relationships between residents are an essential component. Community
residence includes sober living homes and assisted living homes but does not include any other
group living arrangement for unrelated individuals who are not disabled nor any shelter, rooming
house, boarding house or transient occupancy.
Family: An individual, or two (2) or more persons related by blood or marriage, or a group of not
more than four (4) persons not related by blood or marriage, living together as a single
housekeeping group in a dwelling unit. In spirit but not direct application, families maintain legal
domicile at the particular dwelling unit and legal ownership or tenancy of the dwelling unit as
evidenced on a deed or lease.
Family Community Residence: A community residence with five (5) to eight (8) beds, including
resident staff, that is a relatively permanent living arrangement with no limit on the length of
tenancy as determined in practice or by the rules, charter, or other governing documents of the
community residence. The minimum length of tenancy is typically a year or longer.
Transitional Community Residence: A community residence with five (5) to six (6) beds, including
resident staff, that provides a relatively temporary living arrangement with a limit on length of
tenancy more than thirty (30) days and less than a year, as determined either in practice or by the
rules, charter, or other governing document of the community residence.
ITEM 9. D.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 02/18/2025 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Administration
Prepared by: Kandace French Contreras, Town Clerk
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION AND POSSIBLE ACTION:
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. This agenda
item aims to obtain consensus from the Mayor and Council on legislative bills and provide direction, if any, to
staff to communicate the town's position on the bills. For every Council meeting, the Legislative Bulletin will be
attached to the Town Council agenda, including legislative analysis 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
League Legislative Bulletin 4
Form Review
Inbox Reviewed By Date
Town Attorney Aaron D. Arnson 02/11/2025 11:17 AM
Clerk Kandace French Contreras 02/10/2025 04:23 PM
Town Attorney Aaron D. Arnson 02/11/2025 11:17 AM
Town Manager
Form Started By: Kandace French Contreras Started On: 02/10/2025 04:09 PM
View in browser
Print Version
Legislative Bulletin: Issue 4 – February 10, 2025
Legislative Update:
Welcome to the fifth week of session. We’ve seen a diverse array of measures
introduced at the Legislature. 802 House Bills and 733 Senate Bills have been
introduced, alongside 109 resolutions or memorials. This brings the current
session's total number of measures to 1,644. Today at 5PM marks the deadline
for state representatives to introduce bills.
Zoning Bills
Last week, the Senate Regulatory Affairs & Government Efficiency
Committee heard SB1229: planning; home design; restrictions; prohibition,
sponsored by Senator Bolick (R-Phoenix). The bill is the Senate mirror bill
to HB2371, which would significantly limit municipal zoning authority over home
design and lot sizes. Despite strong opposition from city officials, including
Buckeye Mayor Eric Orsborn, the bill passed on a 5-2 vote. Orsborn
emphasized the need for cities to be involved in crafting solutions rather than
advancing a bill nearly identical to last session’s vetoed legislation. Proponents
of the bill, including Senator Ortiz (D-Maryvale), argued that restrictive zoning
policies act as barriers to affordable homeownership. However, Arizona’s cities
and towns have implemented many locally tailored policies to facilitate housing
development and continue to lead in addressing housing attainability, despite
legislation that attempts to impose broad, top-down solutions that fail to
recognize local needs.
Throughout the hearing, SB1698: municipalities; starter homes
developments; regulation, an alternative proposal sponsored by Senator
Leach (R-Marana), was frequently referenced. Unlike SB1229, the League-
supported SB1698 prioritizes affordability by requiring that newly developed
starter homes be sold to individuals earning no more than 120% of the area
median income and includes a 15-year deed restriction to prevent investor
speculation. Additionally, SB1698 proposes a 4,000-square-foot lot size cap,
balancing density with thoughtful community planning. Senator Ortiz challenged
the League’s support for SB1698, questioning why cities and towns had not
already adopted such policies. However, municipal data demonstrates that
many cities have proactively reduced regulations including reducing setbacks,
creating middle-housing zoning, and allowing accessory dwelling units (ADUs)—
demonstrating that an extreme one-size-fits-all state mandate is unnecessary.
With SB1229 advancing, the debate over housing affordability and local zoning
authority continues. The League remains committed to advocating for solutions
that encourage homeownership while ensuring responsible development
policies tailored to the unique challenges of communities across Arizona.
League Testimony
The League of Arizona Cities and Towns passionately champions municipal
interests at the state legislature, actively testifying on bills and resolutions that
impact cities and towns. Through collaborative partnerships and proactive
engagement, we strive to empower local governments and ensure their voices
are heard. In addition to those mentioned above, the League also testified on
the following measures last week:
HB2426 municipal council vacancies; appointment; deadline
House Committee on Federalism, Military Affairs & Elections
Requires city and town councils to fill council vacancies within 30 calendar days
after being notified of the vacancy.
Position: In opposition
Result: Passed 4-0-3
HB2623 campaign finance; candidate committee transfers
House Committee on Federalism, Military Affairs & Elections
Campaign contribution transfers from city or town candidate committees to
statewide or legislative committees are subject to the contribution limits for the
statewide or legislative office. Requires local public officers' financial disclosures
to be accessible to the public on the respective city, town, or county websites.
Position: In support
Result: Passed 4-0-3
SCR1008 municipalities; counties; vote; fee increases
Senate Committee on Government
Requires a two-thirds vote by municipal common councils or county boards of
supervisors to approve increases in assessments, taxes, or fees. Preempts
additional local regulation by declaring the regulation of such increases a matter
of statewide concern. If passed by the Legislature, this legislation will be
submitted to the voters at the 2026 general election.
Position: In opposition
Result: Passed 4-3
SB 1308 sober living homes
Senate Committee on Health & Human Services
Numerous changes to statutes relating to sober living homes. Modifies the
definition of "sober living home." Requires the Arizona Department of Health
Services (ADHS) to obtain documentation from the local jurisdiction verifying
compliance with all local ordinances and rules before approving a sober living
home license. ADHS or its third-party contractor is required to conduct a
physical, on-site inspection of a sober living home to verify compliance before
approving a license or license renewal, at least annually, and on a determination
that there is reasonable cause to believe that a sober living home is not
adhering to statutory or regulatory requirements. ADHS is required to complete
an investigation of a sober living home within 30 calendar days after receiving a
complaint alleging a violation. Modifies penalties for violations. ADHS is
authorized to continue to pursue any court, administrative, or enforcement
action against a sober living home even if it is being sold or transferred or has
closed. Effective six months after the effective date, sober living home licensees
and all paid staff members are required to have a valid fingerprint clearance
card.
Position: In support
Result: Passed 6-1
SB 1019 photo enforcement systems; prohibition
Senate Committee on Public Safety
Prohibits the use of photo enforcement systems for speeding or red-light traffic
violations in Arizona. Repeals existing statutes that authorize and regulate these
systems and removes references to photo enforcement in related traffic
laws. The companion ballot referral, SCR 1002, was held in committee.
Position: In opposition
Result: Passed 4-3
Upcoming Hearings
This week, the League will continue to represent municipal interests and testify
on important legislative measures. Be sure to check committee agendas for a
link if you want to tune into a live stream or watch a recorded hearing. Here are
some of the League’s upcoming priorities:
HB 2330 disability; voluntary disclosure; licenses
House Committee on Public Safety and Law Enforcement
Allows individuals to voluntarily indicate on their vehicle title, registration, driver
license, or nonoperating identification license application that they have a
communication-impairing disability. This information will not be displayed on the
license or title but will be stored in the statewide motor vehicle records system.
Procedures are established to share this information with state and local law
enforcement officers.
Position: In support
Hearing: Monday, February 10th at 2:00 p.m. in HHR1
HB 2653 victims; disclosure requirements; witnesses; names
House Committee on Judiciary
Allows crime victims and witnesses to a crime to request redaction of their
names from public records if there is a reasonable expectation that disclosure
may lead to harassment, threats, or witness tampering. Exceptions to this
protection include records transmitted between law enforcement and
prosecution agencies, records disclosed to defense attorneys, or cases
involving deceased victims.
Position: In support
Hearing: Wednesday, February 12th at 8:30 a.m. in HHR4
HCR 2021 food; municipal tax; exemption
House Committee on Ways & Means
Proposes to exempt the sale of food items intended for human consumption
from municipal transaction privilege taxes, beginning July 1, 2027. If passed by
the Legislature, this legislation will be submitted to the voters at the 2026
general election.
Position: In opposition
Hearing: Wednesday, February 12th at 10 a.m. in HHR3
SB 1318 income tax rate; reduction; surplus
Senate Committee on Finance
Establishes a mechanism to reduce individual income tax rates annually starting
from tax year 2026 by applying 50% of the state’s structural surplus, as
determined by the Joint Legislative Budget Committee, toward rate reductions.
Defines structural surplus as the excess of ongoing state general fund revenues
over expenditures, adjusted for inflation and population growth.
Position: In opposition
Hearing: Monday, February 10th at 2 p.m. in SHR1
Session Deadlines
Every session has deadlines pertaining to bill submissions and hearings.
These are established by Senate and House rule and are subject to
change. This year’s schedule is as follows:
February
Monday 2/10: House Bill Introduction Deadline (5:00 p.m.)
Friday 2/21: Last Day to Hear Bills in Chamber of Origin
March
Friday 3/28: Last Day to Hear Bills in Opposite Chamber
April
Friday 4/18: Last Day for Conference Committees
Tuesday 4/22: 100th Day of Session
Legislative Staff
You may contact our legislative division by phone at (602) 258-5786 or by e-
mail using the following information:
Tom Savage, Legislative Director: tsavage@azleague.org
Marshall Pimentel, Senior Legislative Associate: mpimentel@azleague.org
Jarizbeth Caballero, Legislative Associate: jcaballero@azleague.org
Megan Didur, Legislative Intern:: mdidur@azleague.org
SCR 1014 surplus; income tax; reduction
Senate Committee on Finance
Establishes a mechanism to reduce individual income tax rates annually starting
from tax year 2028 by applying 50% of the state’s structural surplus, as
determined by the Joint Legislative Budget Committee, toward rate reductions.
Defines structural surplus as the excess of ongoing state general fund revenues
over expenditures, adjusted for inflation and population growth. If passed by the
Legislature, this legislation will be submitted to the voters at the 2026 general
election.
Position: In opposition
Hearing: Monday, February 10th at 2 p.m. in SHR1
League of Arizona Cities and Towns
1820 W Washington Street
Phoenix, AZ 85007
info@azleague.org
No longer want to receive these emails? Unsubscribe.
#Keepup with
us on X.
Keep up with the issues and events.
CLICK HERE
What the League is Tracking
Stay informed about legislation that affects municipalities throughout the
state. Track proposed bills and resolutions, stay updated on their progress,
and actively engage in the democratic process. Here are some priority
measures the League is tracking:
Legislative Bill Monitoring
