HomeMy WebLinkAbout2025.0512.PZCAgendaPacket
NOTICE OF MEETING
REGULAR MEETING
FOUNTAIN HILLS PLANNING AND ZONING COMMISSION
Chairperson Dan Kovacevic
Vice Chairperson Clayton Corey
Commissioner Mathew Corrigan
Commissioner Peter Gray
Commissioner Nick Proctor
Commissioner Scott Schlossboerg
Commissioner Phil Sveum
TIME:6:00 P.M. – REGULAR MEETING
WHEN: MONDAY, MAY 12, 2025
WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s Council, various Commission, Committee or Board members may be in attendance at the Commission 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 Commission are audio and/or video recorded and, as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may
be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents
pursuant to A.R.S. §1-602.A.9 have been waived.
REQUEST TO COMMENT
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TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back
of the Council Chambers, and hand it to the Executive Assistant prior to discussion of that item, if
possible. Include the agenda item on which you wish to comment. Speakers will be allowed three
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TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment
card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and
agenda item, and hand it to the Executive Assistant prior to discussion, if possible.
REGULAR MEETING
1.CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE
2.ROLL CALL
3.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 Commission, and (ii) is subject to
reasonable time, place, and manner restrictions. The Commission 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 commissioners may (i) respond to criticism, (ii) ask staff to
review a matter, or (iii) ask that the matter be placed on a future Commission agenda.
4.CONSIDERATION AND DIRECTION: Provide staff with direction on updating the Town's Sign
Regulations contained in Chapter 6 of the Zoning Ordinance.
5.REVIEW AND PROVIDE COMMENTS ON: Initial draft revisions to Zoning Ordinance Chapter
17, Wireless Telecommunications Towers and Antennas
6.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.
7.SUMMARY OF COMMISSION REQUESTS from Development Services Director.
8.REPORT from Development Services Director.
9.ADJOURNMENT
Dated this ______ day of ____________________, 2025.
_____________________________________________
Paula Woodward, Executive Assistant
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice)
or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Commission with this agenda are
available for review in the Development Services' Office.
Planning and Zoning Commission Meeting of May 12, 2025 2 of 2
ITEM 4.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/12/2025 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: Farhad Tavassoli, Senior Planner
Staff Contact Information: Farhad Tavassoli, Senior Planner
Request to Planning and Zoning Commission (Agenda Language): CONSIDERATION AND
DIRECTION: 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 undergone periodic updates over the years to address evolving needs
and preferences for local signage. A significant revision was completed in November 2021 to align the
regulations with the 2015 U.S. Supreme Court ruling requiring sign codes to remain content-neutral.
The most recent update was approved by the Town Council in October 2023.
During the January 21, 2025, Town Council meeting, staff was once again tasked with reviewing and
revising the Town's sign regulations. However, the Council did not provide specific guidance on the
issues to address or the goals to achieve. Additional direction was offered at the February 18, 2025,
Council meeting, which outlined potential amendments for consideration by the Planning and Zoning
Commission. Councilmember Toth remarked that, despite several changes to the sign ordinance in
recent years, it still failed to meet expectations. This item seeks to present the Council's feedback and
gather further input from the Planning and Zoning Commission regarding recommendations for
possible revisions for Council consideration and approval.
The following outlines the sign types discussed at the February 18 Council meeting, along with the
current ordinance pertaining to each type and the Council's discussion regarding them.
A-frame signs
Current: The ordinance permits one A-frame sign per business, with an allowance for two A-frame
signs if the business has two public entrance doors. Sign area is limited to a maximum of 6-square feet
for one sign and a total of 9-square feet for two signs. Additionally, A-frame signs place in the
right-of-way may only be displayed during the hours between sunrise and sunset (except in the
Downtown pedestrian area).
Council discussion: Councilwoman Earle proposed revising the ordinance to allow businesses up to
four A-frame signs, with no restrictions on display times. Councilmember Toth further proposed
increasing the allowable sign area to a maximum of 8-square feet, arguing that this would be more
suitable than the existing 6-square-foot limit.
Banner signs
Current: A banner sign permit is valid for 30 days, with the option for applicants to reapply up to four
additional times, allowing the sign to be displayed for a total of 150 days. Banner signs are also
allowed for a new business for up to one calendar year. To request any days beyond this limit, a
temporary use permit is required.
Council discussion: Councilwoman Earle and Councilmember Skillicorn suggested that the 30-day time
limit is too brief before requiring an application for an extension. Councilmember Skillicorn suggested
extending the maximum duration to 90 days, with the option to extend the total allowable period to a
maximum of 364 days.
Yard signs
Current: A maximum of two yard signs are allowed for each residential property.
Council discussion: Councilwoman Earle suggests allowing a total of four yard signs during election
periods, while limiting the number to a maximum of two at all other times throughout the year.
Railing signs
Current: There is no provision in the current ordinance to allow for signs on railings.
Council discussion: Councilwoman Earle pointed out a need she has seen for a business that has a
railing in front of their building and they would like to be able to put a sign on the railing to increase
their visibility. This could be a permanent sign or a temporary sign that is put out each day and hung
on the railing.
SUP for signs
Current: The existing sign ordinance does not include a process for allowing exceptions to the
ordinance, either administratively or through a public review process.
Council discussion: Councilmember Kalivianakis suggested considering an amendment that would
allow for exceptions to the code, e.g. allowing additional A-frames for a business, rather than
amending the code. The idea mentioned was through a Special Use Permit process.
Although no council direction was provided regarding wall signs, staff may recommend further
amendments for buildings with at least three sides visible from the street and one side facing the
parking lot—such as the Spooner Physical Therapy building on La Montana Drive, next to the Honor
Health Clinic. Under the current ordinance, such a building is permitted two wall signs: one facing the
parking lot and another facing La Montana on the north side, but not on the remaining two sides. The
wall signs may each have a sign area up to 1.5 times the length of the business frontage on the
corresponding side. Additionally, the ordinance allows for one monument sign along La Montana
and/or one projection sign. In this scenario, staff believes it could be advantageous to offer additional
wall signage options in place of a monument sign or projection sign.
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 further input from the public and direction from the Planning and Zoning Commission
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 Planning and Zoning Commission to
proceed with this review and update to the Zoning Ordinance.
Attachments
Current Sign Ordinance
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;
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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.
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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;
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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.
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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.
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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
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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.
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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
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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.
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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.
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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.
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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
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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.
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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.
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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;
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 5.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 05/12/2025 Meeting Type: Planning and Zoning Commission
Agenda Type: Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
Request to Planning and Zoning Commission (Agenda Language): REVIEW AND PROVIDE
COMMENTS ON: Initial draft revisions to Zoning Ordinance Chapter 17, Wireless Telecommunications
Towers and Antennas
Staff Summary (Background)
As directed by the Town Council, the Planning and Zoning Commission is reviewing all the ordinances
and documents associated with the provision of wireless telecommunication services. At the March
meeting, the Commission reviewed and gave direction to staff on portions of a draft ordinance
submitted by Andrew Campanelli that should be included in Chapter 17. At the April meeting, the
Commission reviewed comments that had been made at the July 2024 Commission meeting and gave
direction on changes which should be incorporated based on that previous discussion. Based on this
direction, Chapter 17 has been revised and a copy attached for Commission and public review.
The purpose of this agenda item is to receive initial Commission comments on the revisions to ensure
the changes which have been drafted are consistent with the direction received thus far. No action
will be taken on this revised draft of Chapter 17 at this time.
The next step in this process, at a subsequent meeting, will be to review and discuss the ordinances,
associated documents, and issues regarding small cell wireless facilities in the public right-of-way.
Comments on the Initial draft ordinance
There are numerous small items that staff will have to continue to adjust based on the ongoing
review; time was not spent ironing out all the details knowing additional changes would be made.
There are a few items, however, that staff will highlight for the Commission at this time.
There are a few duplicate definitions. In a few instances, there is an existing definition and one
from the Campanelli ordinance. Both were left in the draft for the Commission to review and
provide direction.
There are a few words and terms provided in the definitions that are not used in the ordinance.
These may be removed in the future.
The Campanelli ordinance was focused on "personal wireless service". This is defined in the
ordinance as: "commercial mobile services, unlicensed wireless services, and common carrier
wireless exchange access services, within the meaning of 47 U.S.C. §332(c)(7)(c)(i), and as
defined therein." Chapter 17 addresses all kinds of wireless telecommunications and antennas.
There are places where it may be beneficial to change the wording to reflect the broader scope
of this chapter. For example, the definition provided from the Campanelli ordinance for
antenna is for "an apparatus designed for emitting radiofrequency (RF) radiation to be
operated or operating from a fixed location for personal wireless service." If this definition is
used, it should probably be changed to "...for wireless communication facilities."
Section 17.03 A 3 e i included a definition of camouflage. It seemed appropriate to move this to
the definitions section.
There are definitions for Notice Address and Notice of Incompleteness which include
statements about notices being sent by first-class mail. With our electronic application system,
the Town operates using email notifications to applicants, not mailed notice. Is there a desire or
need to handle this type of request using hard copy mailings?
Section 17.03 A 3 e iii and 17.03 A 8 both provide standards for signs. These could be
combined into one statement.
The Commission seemed set on changing the draft ordinance to not allow new towers within
300' of residential and to require a higher degree of justification for any tower within 500' of
residential. This change is now reflected in Table 1. There was discussion about increasing the
separation distances between towers, but staff felt the Commission direction at this time was to
leave this until more work had been done on the small cell towers in the ROW issue. Is this
correct?
Administrative review cases have been reduced to just modification of existing towers that
comply with ordinance requirements as listed. All new towers now require review through a
public process.
The ordinance puts the requirement on the Town Council to make determinations for and
request certain documents. There is also a review time frame associated with these types of
applications. Taking the applications through P&Z before going to Council adds to the review
time.
In 17.05 A 9 a there is reference to a 66-page FCC report. Staff does not have that report at this
time.
There was mention at the last meeting that at some point the Town can bring Mr. Campanelli back
into the process to review the draft ordinance. There was speculation that he was still under contract
with the Town and he could still review a draft under that contract. The contract with Mr. Campanelli
has been terminated. Therefore, that is not an option at this time.
Related Ordinance, Policy or Guiding Principle
Zoning Ordinance Chapter 17
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
N/A
SUGGESTED MOTION
No action beyond general direction will be taken at this time.
Attachments
1st Draft Revised Chapter 17
500' setback option
1
Chapter 17
Wireless Telecommunications Towers and Antennas
Section 17.01 Purpose, Intent, and Applicability
A. The purpose of this chapter is to establish general guidelines for the siting of wireless
communications towers and antennas. The goals of this chapter are to:
1. Protect residential areas and land uses from potential adverse impacts of towers and
antennas;
2. Encourage Promote the location of towers in nonresidential areas;
3. Minimize Limit the total number of towers throughout the community;
4. Strongly encourage the joint use of new and existing tower sites as a primary option
rather than construction of additional single-use towers;
5. Encourage Require users of towers and antennas to locate them, to the extent possible,
in areas where the adverse impact on the community is minimal;
6. Encourage Require users of towers and antennas to configure them in a way that
minimizes the adverse visual impact of the towers and antennas through careful design,
siting, landscape screening, and innovative camouflaging techniques;
7. Enhance the ability of the providers of telecommunications services to provide such
services to the community quickly, effectively, and efficiently;
8. Consider the public health and safety of communication towers; and
9. Avoid potential damage to adjacent properties from tower failure through engineering
and careful siting of tower structures.
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In furtherance of these goals, Town of Fountain Hills shall give due consideration to the Town of
Fountain Hills General Plan, the Town of Fountain Hills Zoning Ordinance, existing land uses,
and environmentally sensitive areas in approving sites for the location of towers and antennas.
B. It is the intent of this chapter:
1. That no wireless communication towers or antenna be sited, constructed, reconstructed,
installed, materially changed, expanded, or used unless in conformity with this chapter.
2. To achieve a balance between the need to provide wireless services with the health,
safety, and general welfare of the residents of Fountain Hills by balancing four (4)
simultaneous objectives:
a. Enabling personal wireless service providers to provide adequate personal wireless
services throughout the Town so that Town residents can enjoy the benefits of same
from any FCC-licensed wireless carrier from which they choose to obtain such services;
b. Minimizing the number of cell towers and/or other personal wireless service facilities
needed to provide such coverage;
c. Preventing, to the greatest extent reasonably practical, any unnecessary adverse
impacts upon the Town’s communities, residential areas, and individual homes; and
d. Complying with all the legal requirements which the Telecommunications Act of
1996, as amended (“TCA”) imposes upon the Town, when the Town receives, processes
and determines applications seeking approvals for the siting, construction and
operation of cell towers and/or other personal wireless service facilities.
C. Applicability.
New Towers and Antennas. All new towers or antennas in the Town of Fountain Hills shall be
subject to these regulations. The following exceptions apply:
1. Amateur Radio Station Operators/Receive Only Antennas. This chapter shall not govern any
tower, or the installation of any antenna, that is under the maximum building height of the
zoning district in which such structure is located and which is owned and operated by a
federally licensed amateur radio station operator or is used exclusively for receive only
operations.
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2. Pre-existing Towers or Antennas. Legally established pre-existing towers and pre-existing
antennas shall not be required to meet the requirements of this chapter, other than the
requirements of Sections 17.06(B)(1) and 17.06(C).
3. AM Array. For purposes of implementing this chapter, an AM array, consisting of one (1)
or more tower units and supporting ground system which functions as one (1) AM
broadcasting antenna, shall be considered one (1) tower. Measurements for setbacks and
separation distances shall be measured from the outer perimeter of the towers included in
the AM array. Additional tower units may be added within the perimeter of the AM array by
right.
4. Small Cell TowersWireless Facilities in the Right-of-Way. Wireless communication towers
and antenna meeting the definition of small wireless facilities as contained in A.R.S. 9-591
are subject to the requirements of Article 16-2, Small Wireless Facilities, of the Town Code.
5. Mobile or Temporary Towers. Mobile wireless facilities, when placed on site for seven (7)
consecutive days or less, provided any necessary building permit or encroachment permit is
obtained.
6. Utility Service Antennas in the Right-of-Way. Utility service antennas as defined in this
chapter placed in the public right-of-way are subject to the requirements of Article 16-3,
Utility Service Antenna, of the Town Code. (24-08, Amended, 09/04/2024, Deleted and replaced)
Section 17.02 Definitions
For the purposes of this article, and where not inconsistent with the context of a particular
section, the defined terms, phrases, words, abbreviations, and their derivations shall have the
meanings provided in this section. When not inconsistent with the context, words in the
present tense include the future tense, words used in the plural number include words in the
singular number, and words in the singular number include the plural number. The word “shall”
is always mandatory and not merely directory. The definitions set forth herein shall supersede
any definitions set forth within the Town Code and Zoning Ordinance, and the definitions set
forth herein below shall control and apply to Chapter 17 of the Zoning Ordinance and all
4
subparagraphs herein.As used in this chapter, the following terms shall have the meanings set
forth below:
“Accessory facility or accessory structure” means a facility or structure serving or being used in
conjunction with a personal wireless services facility or complex and located on the same
property or lot as the personal wireless services facility or complex or an immediately adjacent
lot, including, but not limited to utility or transmission equipment storage sheds or cabinets.
“ACHP” means the Federal Advisory Council on Historic Preservation.
“Adequate coverage” means, as determined by the Town Council, that a specific wireless
carrier’s personal wireless service coverage is such that the vast majority of its customers can
successfully use the carrier’s personal wireless service the vast majority of the time, in the vast
majority of the geographic locations within the Town, that the success rate of using their
devices exceeds 97%, and that any geographic gaps in a carrier’s gaps in personal wireless
services are not significant gaps, based upon such factors including, but not limited to, lack of
significant physical size of the gap, whether the gap is located upon a lightly traveled or lightly
occupied area, whether only a small number of customers are affected by the gap, and/or
whether or not the carrier’s customers are affected for only limited periods of time. A wireless
carrier’s coverage shall not be deemed inadequate simply because the frequency or
frequencies at which its customers are using its services are not the most preferred frequency
of the wireless carrier.
“Alternative tower structure” means man-made trees, clock towers, bell steeples, light poles and
similar alternative-design mounting structures that camouflage or conceal the presence of
antennas or towers.
“Antenna” means any exterior transmitting or receiving device mounted on a tower, building or
structure and used in communications that radiates or captures electromagnetic waves, digital
signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications
signals or other communication signals.
“Antenna” means an apparatus designed for emitting radiofrequency (RF) radiation to be
operated or operating from a fixed location for personal wireless service.
5
“Applicant” means any individual, corporation, limited liability company, general partnership,
limited partnership, estate, trust, joint-stock company, association of two or more persons
having a joint common interest, or any other entity submitting an application for a special use
permit, site plan approval, variance, building permit, and/or any other related approval, for the
installation, operation and/or maintaining of one or more personal wireless service facilities.
“Application” refers to all necessary and required documentation and evidence that an
applicant must submit to receive a special use permit, building permit, or other approval for
personal wireless service facilities from the Town.
“Backhaul network” means the lines that connect a provider’s towers/cell sites to one (1) or
more cellular telephone switching offices, and/or long distance providers, or the public
switched telephone network.
“Camouflage” is defined as the use of materials incorporated into the communications tower
design that give communications towers the appearance of tree branches and bark coatings,
church steeples and crosses, sign structures, lighting structures, or other similar structures.
“Council or Town Council” means the Town Council of the Town of Fountain Hills.
“Cell tower” means a free-standing, guy-wired, or otherwise supported pole, tower, or other
structure designed to support or employed to support equipment and/or antennas used to
provide personal wireless services, including, but not limited to, a pole, monopole, monopine,
slim stick, lattice tower or other types of standing structures.
“CEQ” means the Council on Environmental Quality, as established under NEPA.
“Colocation, co-location, and/or co-locate means to install, mount or add new or additional
equipment to be used for the provision of personal wireless services to a pre-existing structure,
facility, or complex which is already built and is currently being used to provide personal
wireless services by a different provider of such services, wireless carrier or site developer.
“Complete application, completed application” means an application that contains all the
necessary and required information, records, evidence, reports, and/or data necessary to
enable an informed decision to be made with respect to an application. Where any information
6
is provided pursuant to the terms of this Chapter and the Development Services Director, Town
Engineer or the Town’s expert or consultant, or the Council determines, based upon
information provided, that any additional, further, or clarifying information is needed as to one
or more aspects, then the application will be deemed incomplete until that further or clarifying
information is provided to the satisfaction of the Development Services Director, Town
Engineer, Town Council or the Town’s expert or consultant of the Council.
“Complex” means the entire site or facility, including all structures and equipment, located at
the site.
“DBM” (dBm) stands for decibel milliwatts, which is a concrete measurement of the wireless
signal strength of wireless networks. Signal strengths are recorded in negative numbers and
can range from approximately -30 dBm to -110 dBm. The closer the number is to 0, the
stronger the cell signal.
“Deployment” means the placement, construction, or substantial modification of a personal
wireless service facility.
“Distributed antenna system, DAS” means a network of spatially separated antenna nodes
connected to a common source via a transport medium that provides personal wireless service
within a geographic area.
“Effective prohibition” means a finding by the Town Council that if an application seeking
approval for a specific new Personal Wireless Service Facility at a specific location, and a specific
height, were to be denied, such denial would either: (a) prevent an identified Wireless Carrier
from providing personal wireless services within a specific geographic area, or areas, within the
Town, or (b) would prevent a specific Wireless Carrier from constructing a sufficient number of
such facilities necessary to enable it to provide Personal Wireless Services within the Town.
An effective prohibition shall not be found to exist if a Wireless Carrier has Adequate Coverage
in a specified geographic area , such that its end-use customers can use their cellular
telephones to connect to landlines using the Carrier’s Personal Wireless Services; however, the
frequencies are not the “most preferred” frequencies of the Carrier.
An effective prohibition shall also not be found to exist if an applicant fails to establish before
the Town Council that any existing geographic gap or capacity deficiency in the specific Wireless
7
Carrier’s coverage cannot be remedied through a less intrusive means than what is being
proposed, including, but not limited to, potential installations on alternative less intrusive sites,
a shorter tower or facility, the incorporation of a more stealthy design, etc.
A finding of Effective Prohibition, or lack thereof, shall be based upon an applicant’s submission
of sufficient probative, relevant, and sufficiently reliable evidence and the appropriate weight
the Town Council deems appropriate to afford.
“Eleventh hour submissions” means an applicant’s submission of new and/or additional
materials in support of an application less than five (5) business days before the expiration of
an applicable shot clock or at an otherwise unreasonably short period of time before the
expiration of the shot clock, making it impracticable for the Town Council to adequately review
and consider such submissions due to their complexity, volume, or other factors, before the
expiration of the shot clock.
“Enure” means to operate or take effect. To serve to a person or party's use, benefit, or
advantage.
“EPA” means the United States Environmental Protection Agency.
“Existing structure” means light poles, power poles, chimneys, billboards, and other similar
structures, which are placed, within the Town at the time of adoption of this chapter, except
existing buildings.
“FAA” means the Federal Aviation Administration.
“FAA” means the Federal Aviation Administration or its duly designated and authorized
successor agency.
“Facility” means a set of wireless transmitting and/or receiving equipment, including any
associated electronics and electronics shelter or cabinet and generator.
“FCC” means the Federal Communications Commission.
“General population/uncontrolled exposure limits” means the applicable radiofrequency
radiation exposure limits set forth within 47 CFR §1.1310(e)(1), Table 1 Section (ii), made
applicable pursuant to 47 CFR §1.1310(e)(3).
8
“Height” means, when referring to a tower or other structure, the vertical distance measured
from the natural grade level to the highest point of the structure directly above the natural
grade when such structure is not located in a platted subdivision. If the structure is located in a
platted subdivision, the height shall be the vertical distance measured from the finished grade
as shown on the subdivision grading plans or finished grade as shown on the individual lot’s
grading plans (whichever is lower), to the highest point of the structure directly above the
finished grade. In the event that terrain problems prevent an accurate determination of height,
the Zoning Administrator shall rule as to height and appeal from that decision shall be to the
Board of Adjustment.
“Height” mean, when referring to a tower, personal wireless service facility, or personal wireless
service facility structure, the height shall mean the distance measured from the pre-existing
grade level to the highest point on the tower, facility, or structure, including, but not limited to,
any accessory, fitting, fitment, extension, addition, add-on, antenna, whip antenna, lightning rod
or other types of lightning-protection devices attached to the top of the structure.
“Illegally excessive RF radiation or illegally excessive radiation” means RF radiation emissions at
levels that exceed the legally permissible limits set forth within 47 CFR §1.1310(e)(1), Table 1
Sections (i) and (ii), as made applicable pursuant to 47 CFR §1.1310(e)(3).
“In-kind replacement” means the replacement of a malfunctioning component(s) with a
properly functioning component of substantially the same weight, dimensions, and outward
appearance.
“Macrocell” means a cellular base station that typically sends and receives radio signals from
large towers and antennas. These include traditionally recognized cell towers, typically ranging
from 50 to 199 feet in height.
“Maintenance or routine maintenance” means plumbing, electrical or mechanical work that
may require a building permit but that does not constitute a modification to the personal
wireless service facility. It is work necessary to assure that a wireless facility and/or
telecommunications structure exists and operates reliably and in a safe manner, presents no
threat to persons or property, and remains compliant with the provisions of this chapter and
FCC requirements.
9
“Necessary, or necessity, or need” means what is technologically required for the equipment to
function as designed by the manufacturer and anything less will result in prohibiting the
provision of service as intended and described in the narrative of the application. “Necessary”
or “need” does not mean what may be desired, preferred, or the most cost-efficient approach
and is not related to an applicant’s specific chosen design standards or unspecified “coverage
objectives.” Any situation involving a choice between or among alternatives or options is not a
need or a necessity.
“NEPA” means the National Environmental Policy Act, 42 U.S.C. §4321, et seq.
“Node, DAS node” means a fixed antenna and related equipment installation that operates as
part of a system of spatially separated antennas, all of which are connected through a medium
through which they work collectively to provide personal wireless services, as opposed to other
types of personal wireless facilities, such as macrocells, which operate independently.
“Notice address” means an address, which is required to be provided by an applicant at the
time it submits an application, at which the Town, Town Council, and/or Development Services
Director or Town Engineer designee can mail notice, and the mailing of any notice to such
address by first-class mail shall constitute sufficient notice to any and all applicants,
co-applicants, and/or their attorneys, to satisfy any notice requirements under this Chapter, as
well as any notice requirements of any other local, state and/or federal law.
“Notice of incompleteness, notice of incomplete application means a written notice, mailed by
first class mail , to an applicant seeking approval for the installation of a PWSF, wherein the
sender advises the applicant that its application is either incomplete, the wrong type of
application, or is otherwise defective, and setting for the reason or reasons why the application
is incomplete and/or defective.
“Notice of effective prohibition conditions” means a written notice, which is required to be
provided to the Town at the time of the filing of any application by all applicants seeking any
approval, of any type, for the siting, installation, and/or construction of a PWSF, wherein the
respective applicant asserts, claims or intends to assert or claim, that a denial of their
respective application, by any agent, employee, board or body of the Town, would constitute an
“effective prohibition ” within the meaning of the TCA, and concomitantly, that a denial of their
respective application or request would violate Section 47 U.S.C. §332(c)(7)(B)(i)(II) of the TCA.
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“Occupational/controlled exposure limits” means the applicable radiofrequency radiation
exposure limits set forth within 47 CFR §1.1310(e)(1), Table 1 Section (i), made applicable
pursuant to 47 CFR §1.1310(e)(2).
“Personal wireless service/personal wireless services” means commercial mobile services,
unlicensed wireless services, and common carrier wireless exchange access services, within the
meaning of 47 U.S.C. §332(c)(7)(c)(i), and as defined therein.
“Personal wireless service facility, personal wireless services facility or PWSF” means a facility or
facilities used for the provision of personal wireless services, within the meaning of 47 U.S.C.
§332(c)(7)(c)(ii). It means a specific location at which a structure that is designed or intended to
be used to house or accommodate antennas or other transmitting or receiving equipment is
located. This includes, without limitation, towers of all types and all kinds of support structures,
including but not limited to buildings, church steeples, silos, water towers, signs, utility poles, or
any other structure that is used or is proposed to be used as a telecommunications structure
for the placement, installation and/or attachment of antennas or the functional equivalent of
such. It expressly includes all related facilities and equipment such as cabling, radios and other
electronic equipment, equipment shelters and enclosures, cabinets, and other structures
enabling the complex to provide personal wireless services.
“Pre-existing towers and pre-existing antennas” means any tower or antenna for which a
building permit has been properly issued prior to the effective date of the ordinance codified in
this chapter, including permitted towers or antennas that have not yet been constructed so
long as such approval is current and not expired.
“Probative evidence” means evidence which tends to prove facts, and the more a piece of
evidence or testimony proves a fact, the greater its probative value, as shall be determined by
the Town Council , as the finder-of-fact in determining whether to grant or deny applications
under this provision of the Town Code.
“Repairs” means the replacement or repair of any components of a wireless facility or complex
where the replacement is substantially identical to the component or components being
replaced, or for any matters that involve the normal repair and maintenance of a wireless
facility or complex without the addition, removal, or change of any of the physical or visually
discernible components or aspects of a wireless facility or complex that will impose new visible
intrusions of the facility or complex as originally permitted.
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“RF” means radiofrequency.
“RF radiation” means radiofrequency radiation. That being electromagnetic radiation, which is a
combination of electric and magnetic fields that move through space as waves, and can include
both Non-Ionizing radiation and Ionizing radiation.
“Setback” means the distance between (a) any portion of a personal wireless facility and/or
complex, including but not limited to any and all accessory facilities and/or structures, and (b)
the exterior line of any parcel of real property or part thereof which is owned by, or leased by,
an applicant seeking to construct or install a personal wireless facility upon such real property
or portion thereof. In the event that an applicant leases only a portion of real property owned
by a landlord, the setback shall be measured from the facility to the line of that portion of the
real property that is actually leased by the applicant, as opposed to the exterior lot line of the
non-leased portion of the property owned by the landlord.
“Shot clock” means the applicable period, which is presumed to be a reasonable period within
which the Town is generally required to issue a final decision upon an application approval for
the installation or substantial modification of a personal wireless services facility or structure to
comply with Section 47 U.S.C. §332(c)(7)(B)(ii) of the TCA.
“Site developer or site developers” means individuals and/or entities engaged in the business of
constructing wireless facilities and wireless facility infrastructure and leasing space and/or
capacity upon, or use of, their facilities and/or infrastructure to wireless carriers. Unlike wireless
carriers, site developers generally do not provide personal wireless services to end-use
consumers.
“Small cell” means a fixed cellular base station that sends and receives radio signals and is
typically mounted upon poles or support structures at substantially lower elevations than
macrocell facilities.
“Small wireless facility” means a personal wireless service facility that meets all of the following
criteria
(a) The facility does not extend the height of an existing structure to a total cumulative
height of more than fifty (50) feet from ground level to the top of the structure, and any
equipment affixed thereto ;
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(b) Each antenna associated with the deployment is no more than three (3) cubic feet in
volume;
(c) All wireless equipment associated with the facility, including any pre-existing equipment
and any proposed new equipment, cumulatively total no more than twenty-eight (28) cubic
feet in volume;
(d) The facility is not located on tribal land; and
(e) The facility will not result in human exposure to radiofrequency radiation in excess of
the applicable FCC safety standards set forth within Table 1 of 47 CFR §1.1310(E)(1).
“Special Use Permit” means the official document or permit granted by the Town Council
pursuant to which an applicant is allowed to file for and obtain a building permit to construct
and use a personal wireless services facility, personal wireless service equipment, and/or any
associated structures and/or equipment which are used to house, or be a part of, any such
facility or complex, or to be used to provide personal wireless services.
“State” means the State of Arizona.
“Stealth or stealth technology” means a design or treatment that minimizes adverse aesthetic
and visual impacts on the land, property, buildings, and other facilities adjacent to,
surrounding, and generally in the same area as the requested location of such personal
wireless service facilities. This shall mean building the least visually and physically intrusive
facility and complex under the facts and circumstances.
“Structure” means a pole, tower, base station, or other building, physical support of any form
used for, or to be used for, the provision of personal wireless service.
“Substantial evidence” means such relevant evidence as a reasonable mind might accept as
adequate to support a conclusion. It means less than a preponderance but more than a scintilla
of evidence.
“TCA” means the Telecommunications Act of 1996, 47 U.S.C. §332(c)
“Tolling or tolled” means the pausing of the running of the time period permitted under the
applicable shot clock for the respective type of application for a personal wireless services
facility. Where a shot clock is tolled because an application has been deemed incomplete and
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timely notice of incompleteness was mailed to the applicant, the submission of additional
materials by the applicant to complete the application will end the tolling, thus causing the shot
clock period to resume running, as opposed to causing the shot clock to begin running anew .
“Tower” means any structure that is designed and constructed primarily for the purpose of
supporting one (1) or more antennas for telephone, radio and similar communication
purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term
includes radio and television transmission towers, microwave towers, common-carrier towers,
cellular telephone towers, alternative tower structures, and the like. The term also includes the
structure and any support thereto.
“Tower, telecommunications tower” means any structure designed primarily to support one or
more antennas and/or equipment used or designed for receiving and/or transmitting a wireless
signal.
“Town” means the Town of Fountain Hills.
“Town code” means the Town Code of the Town of Fountain Hills.
“Undertaking” means any application seeking Council approval for the installation of a personal
wireless services facility licensed under the authority of the FCC shall constitute an undertaking
within the meaning of NEPA, in accord with 42 CFR §137.289 and 36 CFR §800.16.
“Utility service antennas” means antenna placed on or near utility boxes, poles, switches,
storage tanks, etc., and used by a utility provider to facilitate the operation of the utility system.
“Wireless carriers or carrier” means companies that provide Personal Wireless Services to
end-use consumers.
“Wireless communication” means the transmission of voice or data without cable or wires.
“Wireless communication facility” means wireless communication facilities including, but not
limited to, facilities that transmit and/or receive electromagnetic signals for cellular radio
telephone service, personal communications services, enhanced specialized mobile services,
paging systems, and related technologies. Such facilities also include antennas, microwave
dishes, parabolic antennas, and all other types of equipment used in the transmission or
reception of such signals; telecommunication towers or similar structures supporting said
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equipment; associated equipment cabinets and/or buildings; and all other accessory
development used for the provision of personal wireless services. These facilities do not include
radio and television broadcast towers and government-operated public safety networks.
“Zoning ordinance” means the Zoning Ordinance of the Town of Fountain Hills, as codified in
Chapter 1, Sec. 1.01 of the Zoning Ordinance.
Section 17.03 Requirements
A. General Requirements.
1. Principal or Accessory Use. Antennas and towers may be considered either principal or
accessory uses. A different existing use of an existing structure on the same lot shall not
preclude the installation of an antenna or tower on such lot.
2. Lot Size. For purposes of determining whether the installation of a tower or antenna
complies with district development regulations, including but not limited to setback
requirements, lot coverage requirements, and other such requirements, the dimensions of
the entire lot shall control, even though the antennas or towers may be located on leased
parcels within such lot.
3. Aesthetics. Towers and antennas shall meet the following requirements:
a. Towers shall, subject to any applicable standards of the FAA, be painted a neutral
color so as to reduce visual obtrusiveness.
b. At a tower site, the design of the buildings and related structures shall, to the extent
possible, use materials, colors, textures, screening, and landscaping that will blend them
into the natural setting and surrounding buildings.
c. If an antenna is installed on a structure other than a tower, the antenna and
supporting electrical and mechanical equipment must be of a neutral color that is
identical to, or closely compatible with, the color of the supporting structure so as to
make the antenna and related equipment as visually unobtrusive as possible.
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d. The choice of design for installing a new wireless communication facility or the
substantial modification of an existing wireless communication facility shall be chosen
to minimize the potential adverse impacts that the new or expanded facility may, or is
likely to, inflict upon nearby properties. Stealth designs such as mono-palms or flagpoles
should be utilized to camouflage the pole and antennas.
e. Accessory Structures. Unless approved by the Town Council, all equipment associated
with a wireless communication tower is to be located below grade in a vault. If above
grade accessory structures are approved by the Town Council, they shall comply with
the following requirements.
i. Accessory structures shall maximize the use of building materials, colors, and
textures designed to blend with the natural surroundings. The use of camouflage
communications towers may be required by the Council to blend the
communications tower and/or its accessory structures further into the natural
surroundings. “Camouflage” is defined as the use of materials incorporated into the
communications tower design that give communications towers the appearance of
tree branches and bark coatings, church steeples and crosses, sign structures,
lighting structures, or other similar structures.
ii. Accessory structures shall be designed to be architecturally similar, compatible
with each other, and shall be no more than 12 feet high. The buildings shall be used
only for housing equipment related to the particular site. Whenever possible, the
buildings shall be joined or clustered so as to appear as one (1) building.
iii. No portion of any telecommunications tower or accessory structure shall be
used for a sign or other advertising purpose, including but not limited to the
company name, phone numbers, banners, and streamers, except the following. A
sign of no greater than 2 square feet indicating the name of the facility owner(s) and
a twenty-four (24) hour emergency telephone shall be posted adjacent to any entry
gate. In addition, “no trespassing” or other warning signs may be posted on the
fence. All signs shall conform to the sign requirements of the Town.
f. Towers must be placed to minimize visual impacts. Applicants shall place towers on
the side slope of the terrain so that, as much as possible, the top of the tower does not
protrude over the ridgeline, as seen from public ways.
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g. Existing Vegetation. Existing vegetation shall be preserved to the maximum extent
possible. No cutting of trees shall take place on a site connected with an application
made under this chapter prior to the approval of the application.
h. Screening.
i. Tree plantings may be required to screen portions of the telecommunications
tower and accessory structures from nearby residential property as well as from
public sites known to include important views or vistas. The standard buffer shall
consist of a landscaped strip at least 4 feet wide outside the perimeter of the
compound. Additional palm trees may be required to accompany towers which use
a palm tree stealth design.
ii. Where a site adjoins a residential property or public property, including streets,
screening suitable in type, size and quantity shall be required by the Town Council.
iii. The applicant shall demonstrate to the approving board that adequate
measures have been taken to screen and abate noise emanating from on-site
equipment, including but not limited to heating and ventilating units, air
conditioners, and emergency power generators. Telecommunications towers shall
comply with all applicable sections of this chapter as it pertains to noise control and
abatement.
i. Utility Services Antennas.
i. If placed on another utility structure such as a water tower, the antenna shall be
painted to blend with the building or equipment it is placed on.
ii. If a separate tower structure is used, the design shall comply with the provisions in
this section.
4. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other
applicable authority. If lighting is required, the lighting alternatives and design chosen must
cause the least disturbance to the surrounding views and, to the degree possible while
complying with FAA requirements, meet the standards set in Zoning Ordinance Chapter 8,
Outdoor Lighting Control.
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5. Measurement. For purposes of measurement, tower setbacks and separation distances
shall be calculated and applied to facilities located in the Town of Fountain Hills irrespective
of municipal and county jurisdictional boundaries.
6. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to
this chapter and shall not be regulated or permitted as essential services, public utilities, or
private utilities.
7. Franchises. Owners and/or operators of towers or antennas shall certify that all
franchises required by law for the construction and/or operation of a wireless
communication system in the Town of Fountain Hills have been obtained and shall file a
copy of all required franchises with the Community Development Director.
8. Signs. No signs other than those required by law shall be allowed on an antenna or
tower.
9. Co-location and Multiple Antenna/Tower Plan. The Town of Fountain Hills encourages
tower and antenna users to submit a single application for approval of multiple towers
and/or antenna sites and to submit applications, which utilize co-location with an existing
wireless telecommunications provider. Applications for approval of multiple sites or for
co-location with an existing provider shall be given priority in the review process.
10. Security fencing. Towers PWSF shall be enclosed by security fencing not less than 6 feet
in height and no more than 8 feet in height, shall be constructed of a block or masonry, and
shall be equipped with an appropriate anti-climbing device; provided, however, that the
Town Council may waive such requirements, as it deems appropriate.
11. Noise. Submission of applications for towers and associated equipment placed above
grade, including back up generators or power supplies, shall include noise and acoustical
information, prepared by a qualified firm or individual, for the base transceiver station(s),
equipment buildings, and associated equipment such as air conditioning units and backup
generators. The Town may require the applicant to incorporate appropriate noise baffling
materials and/or strategies to avoid any ambient noise from equipment reasonably likely to
exceed the applicable noise regulations contained in Section 11-1-7 of the Town Code.
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12. Any information of an engineering nature that the applicant submits, whether civil,
mechanical, or electrical, shall be certified by an Arizona licensed professional engineer.
13. Application approval issued under this chapter shall be conditioned upon verification
by the Town Engineer or designee that such tower structure is structurally sound. Such
verification shall be received by the applicant prior to submission.
14. Access and Parking. Areas sufficient for access to the tower and equipment location
and for temporary off-street parking of at least two vehicles shall be provided. The type and
configuration of the access and parking shall be subject to the standards set forth in Zoning
Ordinance Chapter 7, Parking and Loading Requirements.
B. Minimum Setbacks and Separations.
1. Setbacks From Property Lines. Except for utility service antennas, the following setback
requirements shall apply to all towers; provided, however, that the Town Council may
reasonably reduce the standard setback requirements if the goals of this chapter would be
better served thereby:
a. Towers must be set back a distance equal to at least one hundred twenty percent
(100120%) of the height of the tower from any adjoining lot line; provided, however, that
the setback distance shall be increased as required to comply with the separation
distances from residential uses in accordance with Table 1 set forth below.
b. Accessory buildings must satisfy the minimum zoning district setback requirements.
2. Separations From Adjacent Uses. Except for utility service antennas, the following
separation requirements shall apply to all towers and antennas; provided, however, that the
Town Council may reasonably reduce the standard separation requirements if the goals of
this chapter would be better served thereby.
a. Separation From Off-Site Uses/Designated Areas.
i. Tower separation shall be measured from the base of the tower to the lot line of
the off-site uses and/or designated areas as specified in Table 1, except as otherwise
provided in Table 1.
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ii. Separation requirements for towers shall comply with the minimum standards
established in Table 1.
Table 1. Separation Requirements From Offsite Uses/Areas
Off-Site Use/Designated Area Separation Distance
Single-family or duplex residential
buildings1Residentially zoned or used land1, 2,
200 feet or 300% of tower height, whichever is greater500
feet3
Vacant single-family or duplex residentially zoned
land which is either platted or has preliminary plat
approval which is not expired2
200 feet or 300% of tower height, whichever is greater2
Vacant unplatted residentially zoned lands3 100 feet or 100% of tower height, whichever is greater
Existing multifamily residential units greater than
duplex units
100 feet or 100% of tower height, whichever is greater
Nonresidentially zoned lands or nonresidential
uses
None, only setbacks apply
1 Includes modular homes and mobile homes used for living purposes. Separation measured
from base of tower to the closest building wall.
2 If vacant residential property, Sseparation measured from base of tower to closest building
setback line.
3 Includes any unplatted residential use properties without a valid preliminary subdivision plan
or valid development plan and any multifamily residentially zoned land greater than a
duplex.The Town Council may reduce the standard separation requirements to 300’ if, through
information and data presented, the Council determines the goals of this chapter would be
better served thereby.
b. Separation Distances Between Towers. Separation distances between towers shall be
applicable for and measured between the proposed tower and pre-existing towers. The
separation distances shall be measured by drawing or following a straight line between
the base of the existing tower and the proposed base, pursuant to a site plan, of the
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proposed tower. The separation distances (listed in linear feet) shall be as shown in
Table 2.
Table 2. Separation Distances Between Towers
Monopole 65 ft. in
height or greater
Monopole less than 65 ft.
in height but greater
than 40 ft. in height
Monopole less than
40 ft. in height
Monopole 65 ft. in height or greater 2,000 feet 1,500 feet 1,000 feet
Monopole less than 65 ft. in height
but greater than 40 ft. in height
1,500 feet 1,500 feet 1,000 feet
Monopole less than 40 ft. in height 1,000 feet 1,000 feet 750 feet
C. Buildings or Other Equipment Storage.
1. Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in
association with antennas shall comply with the following:
a. Unless approved otherwise by the Town Council for good cause shown, but located
in an underground vault.
b. If located above ground:
i. The cabinet or structure shall not contain more than 120 square feet of gross
floor area or be more than 8 feet in height and shall be located on the ground.
bii. Equipment storage buildings or cabinets shall comply with all applicable
building codes.
2. Antennas Mounted on Utility Poles, Light Poles, or Towers. The equipment cabinet or
structure used in association with antennas shall be located, unless otherwise approved by
the Town Council in an underground vault. If approved to be above ground, then in
accordance with the following:
a. In residential districts, the equipment cabinet or structure may be located:
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i. In a required front yard or required street side yard, provided the cabinet
structure is no greater than 3.5 feet in height and 20 square feet of gross floor area
and the cabinet/structure is located a minimum of 3 feet from all lot lines. The
cabinet/structure shall be screened by sight obscuring landscaping which obscures
at least ninety-five percent (95%) of the structure at planting and throughout the
duration of the cabinet or structure’s existence with an ultimate height not to exceed
forty-two (42) inches.
ii. In a required rear yard, provided the cabinet or structure is no greater than 5
feet in height or 120 square feet in gross floor area. The cabinet/structure shall be
screened by sight obscuring landscaping which obscures at least ninety-five percent
(95%) of the structure at planting and throughout the duration of the cabinet or
structure’s existence with an ultimate height of 6 feet.
iii. The entry or access side of a cabinet or structure shall be gated by a solid,
sight-obscuring gate that is separate from the cabinet or structure.
b. In commercial or industrial districts the equipment cabinet or structure shall be no
greater than 14 feet in height or 300 square feet in gross floor area. The structure or
cabinet shall be screened by sight-obscuring landscaping with an ultimate height of 16
feet and a planted height of at least 6 feet. The entry or access side of a cabinet or
structure shall be gated by a solid, sight-obscuring gate that is separate from the cabinet
or structure. Such access way shall not face residentially zoned property.
3. Modification of Building Size Requirements. In the case of wireless facilities considered by
the Town Council, the requirements of subsections (C)(1) and (C)(2) of this section may be
modified by the Town Council to address site specific conditions and requirements.
D. Co-location.
1. Any new telecommunications tower shall be designed to accommodate future shared
use by other communications providers. Design considerations shall include sufficient area
for additional ground equipment, structural design of the tower, and sufficient electrical
power available for the load of at least two (2) additional wireless service providers.
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2. Good Faith. Applicants and permittees shall cooperate and exercise good faith in
co-locating wireless telecommunications facilities on the same support structures or site, if
the Town so requests. Good faith shall include sharing technical information to evaluate the
feasibility of co-location, and may include negotiations for erection of a replacement
support structure to accommodate co-location. A competitive conflict to co-location or
financial burden caused by sharing such information normally will not be considered as an
excuse to comply with this section.
3. Third Party Technical Review. In the event a dispute arises as to whether a permittee has
exercised good faith in accommodating other users, the Town may require the applicant to
obtain a third-party technical study at the applicant’s expense. The Town may review any
information submitted by the applicant and permittee(s) in determining whether good faith
has been exercised.
4. Exceptions. No co-location may be required where the shared use would or does result in
significant interference in the broadcast or reception capabilities of the existing wireless
telecommunications facilities or failure of the existing wireless telecommunications facilities
to meet federal standards for emissions.
5. Violation; penalty. Failure to comply with co-location requirements when feasible may
result in denial of a permit request or revocation of an existing permit. (24-08, Amended,
09/04/2024, Deleted and replaced)
Section 17.04 Application Types
A. Administrative. The following types of applications are processed administratively by staff:
1. Applications to change or modify an existing administratively approved wireless
communication facility that remains in compliance with all chapter requirements.
2. Applications to change or modify an existing wireless communication facility approved
through public review; provided, that the modification will not:
a. Increase the approved height of the supporting structure by more than ten percent
(10%) or 20 feet, whichever is greater;
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b. Cause the original approved number of antennas to be exceeded by more than fifty
percent (50%);
c. Increase the original approved square footage of accessory buildings by more than
200 square feet;
d. Add new, additional, or larger microwave antenna dishes;
e. Expand the footprint of said support structure; or
f. Potentially cause significant adverse impacts on the existing support structure or the
surrounding area.
3. Applications for co-location of additional antenna for an additional service provider on
an existing administratively approved tower that remains in compliance with all chapter
requirements.
4. Applications for co-location of additional antenna for an additional service provider on
an existing tower approved through public review; provided, that the modification will not:
a. Increase the approved height of the supporting structure by more than ten percent
(10%) or 20 feet, whichever is greater;
b. Cause the original approved number of antennas to be exceeded by more than fifty
percent (50%);
c. Increase the original approved square footage of accessory buildings by more than
200 square feet;
d. Add new, additional, or larger microwave antenna dishes;
e. Expand the footprint of said support structure; or
f. Potentially cause significant adverse impacts on the existing support structure or the
surrounding area.
5. Applications for new utility service antenna that comply with the height and setback
requirements of the zoning district in which they are located.
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6. Applications for mobile or temporary wireless facilities for more than seven (7)
consecutive days.
7. Applications for new towers in the following locations:
a. Town property with the tower located at least 300 feet from a residential zoning
boundary.
b. On commercial, industrial, utility, or lodging zoned property and located at least 300
feet from a residential zoning boundary.
c. Alternative tower structures when such structures and their accompanying
equipment are appropriately blended into the surrounding terrain, are within the height
limitations of the underlying zoning district and are at least 300 feet from a residential
zoning boundary.
B. Public Review.
1. Any new tower or modification to existing towers or antennas that do not meet the
requirements in subsection (A) of this section for administrative review shall require review
and approval as provided in subsection 17.05 (C)(2).
2. Any new tower not meeting the setback or separation requirements in Section 17.03(B).
Section 17.05 Application Submittal, Review, and Processing
A. General. The following provisions shall govern the review of all wireless communication
facility applications:
1. Complete Application. Applications for wireless communication facilities shall be filed
electronically on the Town’s website by an owner of real property and shall contain the area
proposed for the wireless communication facility using the process established by the
Director for such applications. All such applications shall include the information required in
this section. Applications filed on behalf of the property owner by a third party shall include
a statement from the property owner authorizing the submittal of the application.
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2. Applications shall include documentation of compliance with items listed in Section
17.03(A) as applicable to the application submitted.
3. Inventory of Existing Sites. Each applicant for a new tower or co-location of new antenna
on an existing tower shall provide to the Development Services Director an inventory of its
existing towers, antennas, or sites approved for towers or antennas, that are either within
the jurisdiction of the Town of Fountain Hills or within one (1) mile of the border thereof,
including specific information about the location, height, and design of each tower. Each
applicant shall also provide a one (1) year build-out plan for all other wireless
communications facilities within the Town. The Development Services Director may share
such information with other applicants applying for administrative approvals or special use
permits under this chapter or with other organizations seeking to locate antennas within
the jurisdiction of Town of Fountain Hills; provided, however, that the Development Services
Director is not, by sharing such information, in any way representing or warranting that
such sites are available or suitable.
4. Utility Service Antennas.
a. If the antenna complies with the height requirements of the underlying zoning
district, the plans for the antenna will be reviewed and approved with the overall site
development plans if the site is being developed concurrently. If the antenna is being
added to an existing utility site, the plans will be reviewed and processed consistent with
the requirements of subsection (C)(2) of this section.
b. If the antenna does not comply with the height requirements of the underlying
zoning district, the plans for the antenna will be reviewed and processed consistent with
the requirements of subsection (C)(3) of this section.
5. Proof of Authorization for Site Occupancy. Where an applicant is not the owner of the
real property upon which it seeks to install its equipment or facility, it shall submit proof of
authorization to occupy the site at issue.
If the applicant is leasing all or a portion of real property upon which it intends to install its
facility or equipment, then the applicant shall provide a written copy of its lease with the
owner of such property. The applicant may redact any financial terms contained within the
lease, but it shall not redact any portion of the lease which details the amount of area
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leased nor the specific portion of the real property to which the applicant has obtained the
right to occupy, access, or preclude others from entering.
Where an applicant seeks to Co-Locate new equipment into an existing facility, it shall
provide a copy of its written co-location agreement with the owner of such pre-existing
facility, from which it may redact any financial terms.
6. Environmental Assessment Form. A completed environmental assessment form (EAF)
and a completed visual EAF addendum if required by ADEQ.
7. FCC Compliance Report.
An FCC compliance report, prepared by a licensed engineer, and certified under penalties of
perjury, that the content thereof is true and accurate, wherein the licensed engineer shall
certify that the proposed facility will be FCC compliant as of the time of its installation,
meaning that the facility will not expose members of the general public to radiation levels
that exceed the permissible radiation limits which the FCC has set.
If it is anticipated that more than one carrier and/or user is to install transmitters into the
facility, the FCC compliance report shall take into account anticipated exposure from all
users on the facility and shall indicate whether or not the combined exposure levels will or
will not exceed the permissible General Population Exposure Limits, or alternatively, the
occupational Exposure Limits, where applicable.
Such FCC Compliance Report shall provide the calculation or calculations with which the
engineer determined the levels of RF radiation and/or emissions to which the facility will
expose members of the general public.
On the cover page of the report, the report shall explicitly specify: (a) Whether the applicant
and their engineer are claiming that the applicable FCC limits based upon which they are
claiming FCC compliance are the General Population Exposure Limits or the Occupational
Exposure Limits. If the applicant and/or their engineer are asserting that the Occupational
Exposure Limits apply to the proposed installation, they shall detail a factual basis as to why
they claim that the higher set of limits is applicable, (b) The exact minimum distance factor,
measured in feet, which the applicant’s engineer used to calculate the level of radiation
emissions to which the proposed facility will expose members of the general public. The
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minimum distance factor is the closest distance (i.e., the minimum distance) to which a
member of the general public shall be able to gain access to the transmitting antennas
mounted upon, or which shall be a part of, the proposed facility.
8. FCC License. A copy of any applicable Federal Communications Commission license
possessed by any carrier named as an applicant, co-applicant, or whose equipment is
proposed for installation as of the time the application is being filed with the Town.
9. Effective Prohibition Claims.
a. The Town is aware that applicants seeking approvals for the installation of new
wireless Facilities often assert that federal law, and more specifically the TCA, prohibits
the local government from denying their respective applications.
In doing so, they assert that their desired facility is “necessary” to remedy one or more
significant gaps in a carrier’s personal wireless service, and they proffer
computer-generated propagation maps to establish the existence of such purported
gaps.
The Town is additionally aware that, in August 2020, driven by a concern that
propagation maps created and submitted to the FCC by wireless carriers were
inaccurate, the FCC caused its staff to perform actual drive tests, wherein the FCC staff
performed 24,649 tests, driving nearly ten thousand (10,000) miles through nine (9)
states, with an additional 5,916 stationary tests conducted at 42 locations situated in
nine (9) states.
At the conclusion of such testing, the FCC Staff determined that the accuracy of the
propagation maps submitted to the FCC by the wireless carriers had ranged from as
little as 16.2% accuracy to a maximum of 64.3% accuracy.
As a result, the FCC Staff recommended that the FCC no longer accept propagation
maps from wireless carriers without supporting drive test data to establish their
accuracy. A copy of the FCC Staff’s 66-page report is made a part of this Chapter as
Appendix 1.
The Town considers it of critical import that applicants provide truthful, accurate,
complete, and sufficiently reliable data to enable the Town Council to render
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determinations upon applications for new wireless facilities consistent with this
Chapter’s requirements and the TCA’s statutory requirements.
Consistent with same, if, at the time of filing an application under this Chapter, an
applicant intends to assert before the Town Council or the Town that: (a) an identified
wireless carrier suffers from a significant gap in its personal wireless services within the
Town, (b) that the applicant’s proposed installation is the least intrusive means of
remedying such gap in services, and/or (c) that under the circumstances pertaining to
the application, a denial of the application by the Town Council would constitute an
“effective prohibition” under Section 47 U.S.C. §332 the TCA, then, at the time of filing
such application, the applicant shall be required to file a written statement which shall
be entitled:
“Notice of Effective Prohibition Conditions”
If an applicant files a Notice of Effective Prohibition Conditions, then the applicant shall
be required to submit Probative Evidence to enable the Town Council to reasonably
determine:
i. Whether or not the conditions alleged by the respective applicant exist,
ii. Whether there exists a significant gap or gaps in an identified wireless carrier’s
personal wireless services within the Town,
iii. The geographic locations of any such gaps, and
iv. The geographic boundaries of such gaps, to enable the Town Council to
determine whether granting the respective application would be consistent with the
requirements of this Chapter and the legislative intent behind same, and whether or
not Federal law would require the Town Council to grant the respective application,
even if it would otherwise violate the Town Code, including, but not limited to, this
Chapter.
b. The additional materials which the applicant shall then be required to provide shall
include the following:
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i. Drive Test Data and Maps. If, and to the extent that an applicant claims that a
specific wireless carrier suffers from a significant gap in its personal wireless services
within the Town, the applicant shall conduct or cause to be conducted a drive test
within the specific geographic areas within which the applicant is claiming such gap
or gaps exist, for each frequency at which the carrier provides personal wireless
services. The applicant shall provide the Town and the Town Council with the actual
drive test data recorded during such drive test, in a simple format which shall
include, in table format:
(a) The date and time for the test or tests,
(b) The location, in longitude and latitude, of each point at which signal
strength was recorded and
(c) Each signal strength recorded, measured in DBM, for each frequency.
Such data is to be provided in a separate table for each frequency at which the
respective carrier provides personal wireless services to any of its end-use
customers.
(d). The applicant shall also submit drive test maps depicting the actual signal
strengths recorded during the actual drive test for each frequency at which
the carrier provides personal wireless services to its end-use customers.
If an applicant claims that it needs a “minimum” signal strength (measured in
DBM) to remedy its gap or gaps in service, then for each frequency, the applicant
shall provide three (3) signal strength coverage maps reflecting actual signal
strengths in three (3) DBM bins, the first being at the alleged minimum signal
strength, and two (2) additional three (3) DBM bin maps depicting signal
strengths immediately below the alleged minimum signal strength claimed to be
required.
By way of example, if the applicant claims that it needs a minimum signal
strength of – 95 DBM to remedy its alleged gap in service, then the applicant
shall provide maps depicting the geographic area where the gap is alleged to
exist, showing the carrier’s coverage at – 95 to -98 DBM, -99 to -101 DBM, and
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-102 to -104 DBM, for each frequency at which the carrier provides personal
wireless services to its end-use customers.
ii. Denial of Service and/or Dropped Call Records. If and to the extent that an
applicant claims that a specific wireless carrier suffers from a capacity deficiency or a
gap in service that renders the carrier incapable of providing adequate coverage of
its personal wireless services within the Town, then the applicant shall provide
dropped call records and denial of service records evidencing the number and
percentage of calls within which the carrier’s customers were unable to initiate,
maintain and conclude the use of the carrier’s personal wireless services without
actual loss of service, or interruption of service.
10. Estimate for Cost of Removal of Facility. A written estimate for the cost of the
decommissioning, and removal of the facility, including all equipment that comprises any
portion or part of the facility, compound, and/or complex, as well as any accessory facility or
structure, including the cost of the full restoration and reclamation of the site, to the extent
practicable, to its condition before development in accord with the decommissioning and
reclamation plan required herein.
11. Property Owner Consent & Liability Acknowledgement. A signed written consent from
each owner of the subject real property upon which the respective applicant is seeking
installation of its proposed personal wireless service facility, wherein the owner or owners
both authorize the applicant to file and pursue its application and acknowledge the
potential landowner’s responsibility, under Section 17.08 for engineering, legal and other
consulting fees incurred by the Town.
512. Applications Using Existing Towers.
a. Dimensioned, to-scale drawings showing the existing and proposed antenna on the
tower including the height of the tower and the antennas.
b. The number and type of existing and proposed antennas.
c. Engineering calculations documenting the structural changes and certifying the
tower’s ability to carry the new antennas.
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d. Dimensioned, to-scale drawings illustrating modification of ground equipment, if
any.
613. Applications Using New Towers – Information Required.
In addition to any information required for applications for special use permits pursuant to
Chapter 2, Section 2.02, applicants for a new wireless facility shall submit the following
information:
a. A site plan as required in Section 2.04 plus zoning, General Plan classification of the
site and all properties within the applicable separation distances set forth in Section
17.03(B)(1), adjacent roadways, proposed means of access, elevation drawings of the
proposed tower and any other structures, photo simulations showing the tower in the
proposed location from at least four (4) directions, and other information deemed by
the Development Services Director to be necessary to assess compliance with this
chapter.
b. The setback distance between the proposed tower and the nearest residential unit
and residentially zoned properties. Include an illustration of the fall zone for the tower.
c. The separation distance from other towers described in the inventory of existing
sites submitted pursuant to Section 17.03(B)(2) shall be shown on an updated site plan
or map. The applicant shall also identify the type of construction of the existing tower(s)
and the owner/operator of the existing tower(s), if known.
d. Method of fencing, and finished color and, if applicable, the method of camouflage
and illumination.
e. A description of compliance with Sections 17.03(A)(3), 17.03(A)(4), 17.03(A)(5),
17.03(A)(7), 17.03(A)(8), 17.03(A)(9), 17.03(A)(10), 17.03(A)(11), 17.03(B), subsection (A)(3)
of this section, Sections 17.06(A) and 17.06(B) and all applicable federal, state or local
laws.
f. A notarized statement by the applicant as to whether construction of the tower will
accommodate collocation of additional antennas for future users.
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g. Identification of the entities providing the backhaul network for the tower(s)
described in the application and other cellular sites owned or operated by the applicant
in the municipality.
h. A description of the suitability of the use of existing towers, other structures or
alternative technology not requiring the use of towers or structures to provide the
services to be provided through the use of the proposed new tower.
i. A description of the feasible alternative location(s) of future towers or antennas
within the Town of Fountain Hills based upon existing physical, engineering,
technological or geographical limitations in the event the proposed tower is erected.
j. A statement of compliance with Federal Communications Commission (FCC) radio
frequency (RF) exposure standards.
714. Filing Fee. Payment of a filing fee in an amount established by a schedule adopted by
resolution of the Council and filed in the offices of the Town Clerk. No part of the filing fee
shall be returnable.
B. Shot Clocks and Tolling. To comply with the requirements of Section 47 U.S.C. §332(c)(7)(B)(ii)
of the TCA, the following shot clock periods set forth hereinbelow shall be presumed to be
reasonable periods within which the Town shall render determinations upon applications for
wireless communication facilities.
The Town shall render determinations upon such applications within the periods set forth
hereinbelow, unless the applicable shot clock period listed below is tolled, extended by
agreement or the processing of the application is delayed due to circumstances beyond the
Town’s control.
1. Application Shot Clocks.
a. Receipt of Initial Application. Upon receipt of an application, the Development Services
Director, or designee, shall review the application for completeness. If the Director
determines the application is: (i) incomplete, (ii) missing required application materials,
(iii) is the wrong type of application, or (iv) is otherwise defective, then, within ten (10)
days for administrative applications and thirty (30) days for public hearing applications
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of the Town’s receipt of the application, the Director, or their designee, shall notify the
applicant of the finding and state what is needed to have a complete application.
The notice of incompleteness shall toll the shot clock, which shall not thereafter resume
running unless and until the applicant tenders an additional submission to the Director
to remedy the issues identified in the notice of incomplete application. The submission
of any responsive materials by the applicant shall automatically cause the shot clock
period to resume running.
If upon receipt of any additional materials from the applicant, the Director determines
that the application is still incomplete and/or defective, then the Director shall, once
again notify the applicant within ten (10) days for administrative applications and thirty
(30) days for public hearing applications of the applicant having filed its supplemental or
corrected materials to the Town and the shot clock shall once again be tolled, and the
same procedure provided for hereinabove shall be repeated.
b. Application Review. The shot clock for administrative applications which do not
involve new towers is ninety (90) days. The shot clock for administrative applications
with new towers and public review applications is one hundred fifty (150) days.
2. Shot Clock Tolls, Extensions and Reasonable Delay Periods. Consistent with the letter and
intent of Section 47 U.S.C. §332(c)(7)(B)(ii) of the TCA, each of the shot clock periods set forth
within subsection (B) of this section shall generally be presumed to be sufficient periods
within which the Town shall render decisions upon applications.
Notwithstanding the same, the applicable shot clock periods may be tolled, extended by
mutual agreement between any applicant and/or its representative and the Town, and the
Town shall not be required to render its determination within the shot clock period
presumed to be reasonable for each type of application, where the processing of such
application is reasonably delayed, as described hereinbelow.
a. Tolling of the Applicable Shot Clock Due to Incompleteness and/or Applicant Error. As
provided for within subsection (B)(1) of this section, in the event that the Development
Services Director deems an application incomplete, the Director shall send a notice of
incompleteness to the applicant to notify the applicant that its application is incomplete
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and/or contains material errors, and shall reasonably identify the missing information
and/or documents and/or the error(s) in the application.
If the Director sends a notice of incompleteness as described hereinabove, the
applicable shot clock shall automatically be tolled, meaning that the applicable shot
clock period within which the Town is required to render a final decision upon the
application shall immediately cease running, and shall not resume running, unless and
until the Town receives a responsive submission from the applicant.
If and when the applicant thereafter submits additional information in an effort to
complete its application, or cure any identified defect(s), then the shot clock shall
automatically resume running, but shall not be deemed to start running anew.
The applicable shot clock period shall, once again, be tolled if the Director thereafter
provides a second notice that the application is still incomplete or defective, despite any
additional submissions which have been received by the Town, from the applicant, up to
that point.
b. Shot Clock Extension by Mutual Agreement. The Town shall be free to extend any
applicable shot clock period by mutual agreement with any respective applicant. This
discretion on the part of the Town shall include the Town’s authority to request, at any
time, and for any period of time the Town may deem reasonable or appropriate under
the circumstances, consent from a respective applicant to extend the applicable shot
clock period to enable the Town, the applicant, or any relevant third party, to complete
any type of undertaking or task related to the review, analysis, processing, and
determination of the particular application, which is then pending before the Town, to
the extent that any such undertaking, task, or review is consistent with, or reasonably
related to, compliance with any federal, state, or local law and/or the requirements of
any provision of the Town Code, including but not limited to this chapter.
In response to any request by the Town, the applicant, by its principal, agent, attorney,
site acquisition agent, or other authorized representative, can consent to any extension
of any applicable shot clock by affirmatively indicating its consent either in writing or by
affirmatively indicating its consent on the record at any public hearing or public
meeting. The Town shall be permitted to reasonably rely upon a representative of the
applicant indicating that they are authorized to grant such consent on behalf of the
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respective applicant, on whose behalf they have been addressing the Town within the
review process.
c. Reasonable Delay Extensions of Shot Clock Periods. The Town recognizes that there may
be situations wherein, due to circumstances beyond the control of the Town and/or the
Town Council, the review and issuance of a final decision upon an application for a
wireless communication facility cannot reasonably be completed within the application
shot clock periods delineated within subsection (B) of this section.
If, despite the exercise of due diligence by the Town, the determination regarding a
specific application cannot reasonably be completed within the applicable shot clock
period, the Town shall be permitted to continue and complete its review and issue its
determination at a date beyond the expiration of the applicable period, if the delay of
such final decision is due to circumstances including, but not limited to, those
enumerated hereinbelow, each of which shall serve as a reasonable basis for a
reasonable delay of the applicable shot clock period.
i. In the event that the rendering of a final decision upon an application under this
chapter is delayed due to natural and/or unnatural events and/or forces which are
not within the control of the Town, such as the unavoidable delays experienced in
government processes due to the COVID 19 pandemic, and/or mandatory
compliance with any related federal or state government orders issued in relation
thereto, such delays shall constitute reasonable delays which shall be recognized as
acceptable grounds for extending the period for review and the rendering of final
determinations beyond the period allotted under the applicable shot clock.
ii. In the event that applicant tenders eleventh-hour submissions to the Town in the
form of (a) expert reports, (b) expert materials, and/or (c) materials which require a
significant period for review due either to their complexity or the sheer volume of
materials which an applicant has chosen to provide to the Town at such late point in
the proceedings, the Town shall be afforded a reasonable time to review such
late-submitted materials.
If reasonably necessary, the Town shall be permitted to retain the services of an
expert consultant to review any late-submitted expert reports which were provided
to the Town, even if such review or services extend beyond the applicable shot clock
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period, so long as the Town completes such review and retains and secures such
expert services within a reasonable period of time thereafter and otherwise acts
with reasonable diligence in completing its review and rendering its final decision.
C. Review and Processing of Applications.
1. Conformity to the following shall be considered in review of all applications:
a. The application is consistent with the objectives of this chapter.
b. The height of the proposed tower.
c. The adequacy of the proposed site, considering such factors as the sufficiency of the
size of the site to comply with the established criteria, the configuration of the site, and
the extent to which the site is formed by logical boundaries (e.g., topography, natural
features, streets, relationship of adjacent uses, etc.) that provide for the ability to
comply with the provisions of this chapter.
d. The extent to which the proposal responds to the impact of the proposed
development on adjacent land uses, especially in terms of visual impact.
e. The extent to which the proposed telecommunications facility is camouflaged (i.e.,
use of stealth technology).
f. The extent to which the proposed facility is integrated with existing structures (i.e.,
buildings, signs, utility poles, etc.) with particular reference to design characteristics that
have the effect of reducing or eliminating visual obtrusiveness.
g. An applicant’s compliance with all town requirements with respect to previous
applications.
h. Whether the proposed installation will inflict a significant adverse impact upon the
property values of properties that are located adjacent to, or in close proximity to, the
proposed site or properties that are otherwise situated in a manner that would cause
the proposed installation to inflict a significant adverse impact upon their value.
i. Whether the proposed installation will be incompatible with the use and/or character
of properties located adjacent to or in close proximity to the proposed site or other
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properties situated in a manner that would cause the proposed installation to be
incompatible with their respective use.
j. Whether the proposed installation will be incompatible with and/or would have an
adverse aesthetic impact upon or detract from the use and enjoyment of, and/or
character of, recognized aesthetic assets of the Town, including, but not limited to,
scenic areas and/or scenic ridgelines, scenic areas, public parks, and/or any other
traditionally or historically recognized valuable scenic assets of the Town.
k. Whether the proposed installation shall have a sufficient fall zone and/or safe zone
around the facility to afford the general public safety against the potential dangers of
structural failure, icefall, debris fall, and fire.
l. Whether the applicant has mitigated the potential adverse impacts of the proposed
facility to the greatest extent reasonably feasible. To determine mitigation efforts on the
part of the applicant, the mere fact that a less intrusive site, location, or design would
cause an applicant to incur additional expense is not a reasonable justification for an
application to have failed to propose reasonable mitigation measures.
2. Review of Administrative Applications.
a. Administrative applications will be reviewed by staff using the Town’s standard
building permit review processes.
b. Applications for new towers shall provide staff with the same information as
required in subsection of this section for public review applications.
cb. Applications for mobile or temporary wireless facilities which remain in place for
more than seven (7) consecutive days must submit a request for a temporary use
permit as provided in Section 2.03.
3. Review and Processing of Public Review Applications.
a. Applications which require public review and approval on private property will be
processed as special use permits and follow the requirements listed in Section 2.02 for
special use permits. Applications on Town owned property will not require a special use
permit but will follow the same requirements for notice for review by the Town Council.
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b. In addition to the factors listed in subsection (C)(1) of this section for review of
applications, public review applications will also be subject to the standards for
consideration of special use permit applications pursuant to Chapter 2, Section 2.02 of
this chapter.b. Factual Determinations.
To decide applications under this Section, the Town Council shall render factual
determinations, which shall include two (2) specific types of factual determinations, as
applicable.
First, the Council shall render local zoning determinations according to Section i.
hereinbelow.
Then, if, and only if, an applicant asserts claims that a denial of its application would
effectively prohibit an identified Wireless Carrier from providing Personal Wireless
Services within the Town, or its proposed wireless facility or installation is necessary to
remedy a significant gap in personal wireless services for an explicitly identified Wireless
Carrier, and that its proposed installation is the least intrusive means of remedying a
specifically identified significant gap or gaps.
The Council shall then additionally render TCA determinations in accord with Section ii.
herein below.
The Council shall separately record each factual determination it makes in a written
decision and shall reference, or make note of, the evidence-based upon which it
rendered each of its factual determinations.
Each factual determination made by the Council shall be based upon Substantial
Evidence. For purposes of this provision, “Substantial Evidence” shall mean such
relevant evidence as a reasonable mind might accept as adequate to support a
conclusion. It means less than a preponderance but more than a scintilla of evidence.
Evidence that the Council may consider shall include any evidence submitted in support
of an application and any evidence submitted by anyone opposing a respective
application, whether such evidence is in written or photographic form or whether it is in
the form of testimony by any expert, or any person who has personal knowledge of the
subject of their testimony. The Council may, of course, additionally consider as evidence
39
any information or knowledge which they, themselves, personally possess and any
documents, records, or other evidence which is a matter of public record, irrespective of
whether such public record is a record of the Town, or is a record of or is maintained by,
another federal, state and/or other governmental entity and/or agency which maintains
records which are available for, or subject to, public review.
The requirements for specific factual determinations set forth below are intended to
enure to the benefit of the Town, its residents, and property owners, and not applicants.
If, and to the extent that the Town Council fails to render one or more of such
determinations, that omission shall not constitute grounds upon which the respective
applicant can seek to annul, reverse or modify any decision of the Town Council.
i Local Zoning Determination
The Council shall make the following factual determinations as to whether the
application meets the requirements for granting a special use permit under this
Chapter.
(a) Compliance with Section 2.02
Whether the proposed installation will meet each of the conditions and
standards set forth within Section 2.02 in the absence of which the Town Council
is not authorized to grant a special use permit.
(b) Potential Adverse Aesthetic Impacts
Whether the proposed installation will inflict a significant adverse aesthetic
impact upon properties located adjacent to, or in close proximity to, the
proposed site or any other properties situated in a manner that would sustain
significant adverse aesthetic impacts by the installation of the proposed facility.
(c) Potential Adverse Impacts Upon Real Estate Values
Whether the proposed installation will inflict a significant adverse impact upon
the property values of properties that are located adjacent to, or in close
proximity to, the proposed site or properties that are otherwise situated in a
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manner that would cause the proposed installation to inflict a significant adverse
impact upon their value.
(d) Potential Adverse Impact Upon the Character of the Surrounding
Community
Whether the proposed installation will be incompatible with the use and/or
character of properties located adjacent to or in close proximity to the proposed
site or other properties situated in a manner that would cause the proposed
installation to be incompatible with their respective use.
(e) Potential Adverse Impacts Upon Ridgelines or Other Aesthetic Resources
of the Town
Whether the proposed installation will be incompatible with and/or would have
an adverse aesthetic impact upon or detract from the use and enjoyment of,
and/or character of, recognized aesthetic assets of the Town, including, but not
limited to, scenic areas and/or scenic ridgelines, scenic areas, public parks,
and/or any other traditionally or historically recognized valuable scenic assets of
the Town.
(f) Sufficient Fall Zones
Whether the proposed installation shall have a sufficient fall zone and/or safe
zone around the facility to afford the general public safety against the potential
dangers of structural failure, icefall, debris fall, and fire.
(g) Mitigation
Whether the applicant has mitigated the potential adverse impacts of the
proposed facility to the greatest extent reasonably feasible. To determine
mitigation efforts on the part of the applicant, the mere fact that a less intrusive
site, location, or design would cause an applicant to incur additional expense is
not a reasonable justification for an application to have failed to propose
reasonable mitigation measures.
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If, when applying the evidentiary standards set forth in Section 17.05 C. 3. b. i.
hereinabove, the Town Council determines that the proposed facility would not
meet the standards set forth within Section 2.02 or that the proposed facility would
inflict one or more of the adverse impacts described hereinabove to such a
substantial extent that granting the respective application would inflict upon the
Town and/or its citizens and/or property owners the types of adverse impacts which
this provision was enacted to prevent, the Town Council shall deny the respective
application unless the Council additionally finds that a denial of the application
would constitute an Effective Prohibition, as provided for in Sections 17.05 C. 3. b. ii.
and iii immediately hereinbelow.
ii. TCA DETERMINATIONS
In cases within which an applicant has filed a “Notice of Effective Prohibition
Conditions,” the Town Council shall determine if a denial of the respective
application would “Effectively Prohibit” a specifically identified Wireless Carrier from
providing Personal Wireless Services within any geographic area or areas in the
Town.
More specifically, the Town Council shall determine whether a denial of the specific
application would either: (i) prevent an identified Wireless Carrier from providing
personal wireless services within a specific geographic area or areas within the Town
or (ii) would prevent a specific Wireless Carrier from constructing a sufficient
number of such facilities necessary to enable it to provide Personal Wireless Services
within the Town.
In determining whether a denial of any specific application would constitute an
“Effective Prohibition,” the Town Council shall determine: (1) whether an applicant
has established that an identified Wireless Carrier suffers from one or more
significant gaps in its Personal Wireless Services, and (2) whether its proposed
installation is the least intrusive means of remedying any such gap or gaps.
(a) Significant Gap in Personal Wireless Services of an Identified Carrier
The Town Council shall determine whether the applicant has established, based
upon probative evidence provided by the applicant and/or its representative,
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that a specific Wireless Carrier suffers from a significant gap in its personal
wireless services within the Town.
In rendering such determination, the Council shall consider factors including, but
not necessarily limited to:
(1) Whether the identified Wireless Carrier, which is alleged to suffer from
any significant gap in their personal wireless services, already provides
Adequate Service in its Personal Wireless Services to its customers at any
frequency being used by the carrier to provide personal wireless services to
its end-use customers,
(2) Whether any such alleged gap is relatively large or small in geographic
size,
(3) Whether the number of the carrier’s customers affected by the gap is
relatively small or large,
(4) Whether or not the location of the gap is situated on a lightly traveled
road, or sparsely or densely occupied area, and/or
(5) Overall, whether the gap is relatively insignificant or otherwise relatively
de minimis.
An Effective Prohibition shall not be found to exist under subparagraph (iii)
hereinbelow if a Wireless Carrier has adequate coverage in any specified
geographic area, such that its end-use customers can use their cellular
telephones to connect to landlines using the Carrier’s Personal Wireless Services,
but the frequency at which the customers are using such services is not the
frequency most desired by the Carrier.
(b) Least Intrusive Means of Remedying Gap(s) in Service
The Town Council shall determine whether the applicant has established, based
upon probative evidence provided by the applicant and/or its representative,
that the installation of the proposed facility at the specific site proposed by the
applicant and the specific portion of the site proposed by the applicant, and at
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the specific height proposed by the applicant, is the least intrusive means of
remedying whatever significant gap or gaps which the applicant has
contemporaneously proven to exist as determined by the Town Council based
upon any evidence in support of, and/or in opposition to, the subject application.
In rendering such determination, the Council shall consider factors including, but
not necessarily limited to:
(1) Whether the proposed site is the least intrusive location at which a
facility to remedy an identified significant gap may be located, and the
applicant has reasonably established a lack of potential alternative less
intrusive sites and lack of sites available for co-location,
(2) Whether the specific location on the proposed portion of the selected
site is the least intrusive portion of the site for the proposed installation
(3) Whether the height proposed for the facility is the minimum height
actually necessary to remedy an established significant gap in service,
(4) Whether or not a pre-existing structure can be used to camouflage the
facility and/or its antennas,
(5) Whether or not, as proposed, the installation mitigates adverse impacts
to the greatest extent reasonably feasible through the employ of Stealth
design, screening, use of color, noise mitigation measures, etc., and/or
(6) Overall whether or not there is a feasible alternative to remedy the gap
through alternative, less intrusive substitute installations.
An Effective Prohibition shall also not be found to exist in subparagraph (iii)
hereinbelow if an applicant fails to establish before the Town Council that any
existing geographic gap or capacity deficiency in the specific Wireless Carrier’s
coverage cannot be remedied through a less intrusive means than what is being
proposed, including, but not limited to, potential installations on alternative less
intrusive sites, a shorter tower or facility, the incorporation of a more stealthy
design, etc.
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iii. Finding of Effective Prohibition or Lack of Effective Prohibition
After considering the evidence presented before it, the Town Council shall
determine whether or not a denial of the respective application would constitute an
effective Prohibition.
If the Town Council affirmatively determines that the applicant has failed to establish
either: (i) that a denial of the application would prevent an identified Wireless Carrier
from providing personal wireless services within a specific geographic area or areas
within the Town or (ii) that a denial of the application would prevent a specific
Wireless Carrier from constructing a sufficient number of such facilities necessary to
enable it to provide Personal Wireless Services within the Town, then the Town
Council shall find that a denial of the application does not constitute an Effective
Prohibition.
If the Town Council affirmatively determines that: (i) a denial of the application
would prevent an identified Wireless Carrier from providing personal wireless
services within a specific geographic area or areas within the Town, or (ii) that a
denial of the application would prevent a specific Wireless Carrier from constructing
a sufficient number of such facilities necessary to enable it to provide Personal
Wireless Services within the Town, then the Town Council shall find that a denial of
the application would constitute an Effective Prohibition, and the Town Council shall
grant the subject application, irrespective of whether or not the granting of same
would otherwise be inconsistent with any other provision of this Section §17.05 C. 3.
b.
c. Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No
new tower shall be permitted unless the applicant demonstrates to the reasonable
satisfaction of the Town Council that no existing tower, structure or alternative
technology that does not require the use of towers or structures can accommodate the
applicant’s proposed antenna. An applicant shall submit information requested by the
Town Council related to the availability of suitable existing towers, other structures or
alternative technology. Evidence submitted to demonstrate that no existing tower,
structure or alternative technology can accommodate the applicant’s proposed antenna
may consist of any of the following:
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i. No existing towers or structures are located within the geographic area, which
meet applicant’s engineering requirements.
ii. Existing towers or structures are not of sufficient height to meet applicant’s
engineering requirements.
iii. Existing towers or structures do not have sufficient structural strength to
support applicant’s proposed antenna and related equipment.
iv. The applicant’s proposed antenna would cause electromagnetic interference
with the antenna on the existing towers or structures, or the antenna on the existing
towers or structures would cause interference with the applicant’s proposed
antenna as certified by an RF engineer.
v. The fees, costs, or contractual provisions required by the owner in order to share
an existing tower or structure or to adapt an existing tower or structure for sharing
are unreasonable. Costs exceeding new tower development are presumed to be
unreasonable.
vi. The applicant demonstrates that there are other limiting factors that render
existing towers and structures unsuitable.
vii. The applicant demonstrates that an alternative technology that does not require
the use of towers or structures, such as a cable micro cell network using multiple
low-powered transmitters/receivers attached to a wire line system, is unsuitable.
Costs of alternative technology that exceed new tower or antenna development
shall not be presumed to render the technology unsuitable.
viii. If the applicant asserts a claim that a proposed facility is necessary to remedy
one (1) or more existing significant gaps in an identified wireless carrier’s personal
wireless services, the Council may require the applicant to provide drive-test
generated coverage maps, as opposed to computer-generated coverage maps, for
each frequency at which the carrier provides personal wireless services, to show
signal strengths in bins of three (3) DBM each, to enable the Council to assess the
existence of such significant gaps accurately, and/or whether the carrier possesses
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adequate coverage within the geographic area which is the subject of the respective
application.
4. Environmental Impacts
If, and to the extent that, the Town Council determines a proposed installation bears the
potential for a significant adverse impact upon the environment within the meaning of
ADEQ and/or the NEPA , then the Council shall be expected to comply with the
requirements of ADEQ in determining both:
a. The extent of adverse impacts upon the environment; and,
b. What mitigation measures the applicant should be required to undertake to
minimize the adverse environmental impacts.
If a respective applicant fails to obtain a review from the ADEQ and/or NEPA and opinion
letters from the ADEQ and the FCC pertaining to its proposed installation prior to a first
public hearing before the Town Council for the respective application, then the Town
Council may make direct requests to the ADEQ and the FCC for their review of the
application. The Town Council may request the FCC’s review and input in completing the
statutorily-required environmental impact analysis pursuant to ADEQ and NEPA.
In addition, the Town Council shall comply with the statutory requirements of ADEQ to
complete an ADEQ review, make determinations of significance, and, where appropriate,
require the applicant to complete a draft environmental impact statement and, if
additionally appropriate, to thereafter complete a final environmental impact statement
and analysis.
So long as the Town Council acts with reasonable diligence in completing its ADEQ and
NEPA review, if compliance with the statutory requirements for environmental review
requires a period of effort that extends beyond the expiration of the applicable shot clock
period, the delays beyond such period shall be deemed reasonable.
5. Force Majeure
In the event that the rendering of a final decision upon an application under this Chapter is
delayed due to natural and/or unnatural events and/or forces which are not within the
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control of the Town or the Town Council, such as the unavoidable delays experienced in
government processes due to the COVID 19 pandemic, and/or mandatory compliance with
any related federal or state government orders issued in relation thereto, such delays shall
constitute reasonable delays which shall be recognized as acceptable grounds for extending
the period for review and the rendering of final determinations beyond the period allotted
under the applicable shot clock.
46. In granting a permit, the Town may impose conditions to the extent such conditions
are necessary to minimize any adverse effect of the proposed tower on adjoining
properties. (24-08, Amended, 09/04/2024, Deleted and replaced)
Section 17.06 Maintenance and Operation
A. Removal of Abandoned Antennas and Towers. Any antenna or tower that is not operated for a
continuous period of ninety (90) days shall be considered abandoned, and the owner of such
antenna or tower shall remove the same within ninety (90) days of receipt of notice from the
Town of Fountain Hills notifying the owner of such abandonment. Failure to remove an
abandoned antenna or tower within said ninety (90) day period shall be grounds to remove the
tower or antenna at the owner’s expense. If there are two (2) or more users of a single tower,
then this provision shall not become effective until all users cease using the tower for the
prescribed period.
B. State or Federal Requirements.
1. All towers must meet or exceed current standards and regulations of the FAA, the FCC,
and any other agency of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed, then the owners of
the towers and antennas governed by this chapter shall bring such towers and antennas
into compliance with such revised standards and regulations within six (6) months of the
effective date of such standards and regulations, unless a different compliance schedule is
mandated by the controlling state or federal agency. Failure to bring towers and antennas
into compliance with such revised standards and regulations shall constitute grounds for
the removal of the tower or antenna at the owner’s expense.
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2. To ensure continuing compliance with such limits by all owners and/or operators of
wireless communication facilities within the Town, all owners, and operators of wireless
communication facilities shall submit reports as required by this section.
As set forth hereinbelow, the Town may additionally require, at the owner and/or operator’s
expense, independent verification of the results of any analysis set forth within any reports
submitted to the Town by the owner and/or operator.
a. Certification of Compliance with Applicable RF Radiation Limits. Within forty-five (45)
days of initial operation or a substantial modification of a wireless communication
facility, the owner and/or operator of each telecommunications antenna shall submit to
the Development Services Director a written certification by a licensed professional
engineer, sworn to under penalties of perjury, that the facility’s radio frequency
emissions comply with the limits codified within 47 CFR §1.1310(e)(1), Table 1 Sections (i)
and (ii), as made applicable pursuant to 47 CFR §1.1310(e)(3).
The engineer shall also measure the emissions of the approved wireless facility,
including the cumulative impact from other nearby wireless facilities, and determine if
such emissions are within the limits described hereinabove.
A report of these measurements and the engineer’s findings with respect to compliance
with the FCC’s maximum permissible exposure (MPE) limits shall be submitted to the
Development Services Director.
If the report shows that the facility does not comply with applicable limits, then the
owner and/or operator shall cease operation of the facility until the facility is brought
into compliance with such limits. Proof of compliance shall be a certification provided by
the engineer who prepared the original report. The Town may require, at the applicant’s
expense, independent verification of the results of the analysis.
b. Random RF Radiofrequency Testing. At the operator’s expense, the Town may retain an
engineer to conduct random unannounced RF radiation testing of such wireless facilities
to ensure the facility’s compliance with the limits codified within 47 CFR §1.1310(e)(1) et
seq.
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The Town may cause such random testing to be conducted as often as the Town may
deem appropriate. However, the Town may not require the owner and/or operator to
pay for more than one (1) test per facility per calendar year unless such testing reveals
that one (1) or more of the owner and/or operator’s facilities are exceeding the limits
codified within 47 CFR §1.1310(e)(1) et seq., in which case the Town shall be permitted to
demand that the wireless facility be brought into compliance with such limits, and to
conduct additional tests to determine if, and when, the owner and/or operator
thereafter brings the respective wireless facility and/or facilities into compliance.
c. Annual Testing. The owner or operator of PWSF shall provide for and conduct an
inspection of radio frequency radiation at least once annually by a licensed radio
frequency engineer. Three copies of a report shall be provided to the Development
Services Department, verifying that the radio frequency radiation is in compliance with
FCC Guidelines.
3. Actions for Noncompliance. If the Town at any time finds that there is good cause to
believe that a wireless communication facility and/or one (1) or more of its antennas are
emitting RF radiation at levels in excess of the legal limits permitted under 47 CFR
§1.1310(e)(1) et seq., then a hearing shall be scheduled before the Town’s Zoning
Administrator at which the owner and/or operator of such facility shall be required to show
cause why any and all permits and/or approvals issued by the Town for such facility and/or
facilities should not be revoked, and a fine should not be assessed against such owner
and/or operator.
The owner and/or operator shall be afforded not less than two (2) weeks’ written notice of
the hearing.
At such hearing, the burden shall be on the Town to show that, by a preponderance of the
evidence, the facilities emissions exceeded the permissible limits under 47 CFR §1.1310(e)(1)
et seq.
In the event that the Town establishes same, the owner and/or operator shall then be
required to establish, by clear and convincing evidence, that a malfunction of equipment
caused their failure to comply with the applicable limits through no fault on the part of the
owner/operator.
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If the owner and/or operator fails to establish same, the Town shall have the power to
revoke any permit, building permit, and/or any other form of approval(s) which the Town
Council or any other representative of the Town may have then issued to the owner and/or
operator, for the respective facility. The Zoning Administrator may revoke an administrative
approval. The decision of the Zoning Administrator may be appealed to the Town Manager.
If the tower or antenna was approved by the Town Council, revocation will be considered by
the Town Council in the same manner as the original approval.
In addition, the Town may issue a civil citation for noncompliance as provided in Section
1-8-3 of the Town Code.
In the event that an owner or operator of one (1) or more wireless communication facility is
found to violate subsection (B)(1) of this section three (3) or more times within any five (5)
year period, then in addition to revoking any zoning approvals for the facilities which were
violating the limits codified in 47 CFR §1.1310(e)(1) et seq., the Town Council shall render a
determination within which it shall deem the owner/operator prohibited from filing any
applications for any new wireless personal services facilities within the Town for a period of
five (5) years.
C. Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a
tower shall ensure that it is maintained in compliance with standards contained in applicable
state or local building codes and the applicable standards for towers that are published by the
Electronic Industries Association, as amended from time to time. If, upon inspection, the Town
of Fountain Hills concludes that a tower fails to comply with such codes and standards and
constitutes a danger to persons or property, then upon notice being provided to the owner of
the tower, the owner shall have thirty (30) days to bring such tower into compliance with such
standards. Failure to bring such tower into compliance within said thirty (30) days shall
constitute grounds for the removal of the tower or antenna at the owner’s expense.
D. Noise. Wireless facilities and all related equipment must comply with all noise regulations
and shall not exceed such regulations, either individually or collectively. Backup generators
shall only be operated during power outages and/or for testing and maintenance purposes
between the hours of 9:00 a.m. and 4:00 p.m.
E. Maintenance. Prior to scheduling a final inspection for construction of a tower and
associated equipment, the applicant shall file with the Town a bond in the amount of X to cover
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the ongoing maintenance of the tower, equipment, and landscaping. The bond amount shall
be reviewed and revised every three years thereafter. Should the owner of the tower,
equipment, and/or landscaping fail to maintain said facilities consistent with the Town’s
approval and ordinance requirements, and after notice for correction by the Town, the Town
may call and utilize the bonds to perform the needed maintenance activities.
F. Indemnity and liability for damages.
1. The wireless telecommunications facility provider shall defend, indemnify, and hold
harmless the Town or any of its boards, commissions, agents, officers, and employees from
any claim, action or proceeding against the Town, its boards, commission, agents, officers,
or employees to attack, set aside, void, or annul, the approval of the project when such
claim or action is brought within the time period provided for in applicable state and/or
local statues. The Town shall promptly notify the provider(s) of any such claim, action or
proceeding if the Town bears its own attorney's fees and costs, and the Town defends the
action in good faith.
2. Wireless telecommunications facility operators shall be strictly liable for interference
caused by their facilities with Town communications systems. The operator shall be
responsible for costs for determining the source of the interference, all costs associated
with eliminating the interference (including but not limited to filtering, installing cavities,
installing directional antennas, powering down systems, and engineering analysis), and all
costs arising from third party claims against the Town attributable to the interference.
G. Certificate of Insurance required. The applicant shall maintain adequate and sufficient
liability insurance during the construction period and thereafter, the carrier shall maintain
liability insurance meeting the criteria of this section throughout the life of any PWSF erected
within the Town of Fountain Hills. Prior to the issuance of any necessary permit, whether special
permit or building permit, documentation that liability insurance in the amount of at least
$1,000,000 single occurrence, $3,000,000 aggregate has been secured identifying the Town as
coinsured shall be submitted to the Development Services Department, such policy shall not
include a pollution exclusion. The carrier’s maintenance without interruption of liability
insurance in like or greater amount with the Town named as coinsured is a continuing condition
of any permit or certificate of building compliance.
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Section 17.07 Nonconforming Uses
A. Not Expansion of Nonconforming Use. Towers that are constructed, and antennas that are
installed, in accordance with the provisions of this chapter shall not be deemed to constitute
the expansion of a nonconforming use or structure.
B. Pre-existing Towers. Pre-existing towers shall be allowed to continue their usage as they
presently exist. Routine maintenance (including replacement with a new tower of like
construction and height) shall be permitted on such pre-existing towers. New construction
other than routine maintenance on a pre-existing tower shall comply with the requirements of
this chapter.
C. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding other
provisions of this chapter, bona fide nonconforming towers or antennas that are damaged or
destroyed may be rebuilt without having to first obtain a special use permit and without having
to meet the separation requirements specified in Section 17.03. The type, height, and location
of the tower on site shall be of the same type and intensity as the original facility approval;
provided, however, that any destroyed lattice or guyed tower shall be replaced with a
monopole structure only. Building permits to rebuild the facility shall comply with the then
applicable building codes and shall be obtained within ninety (90) days from the date the facility
is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or
antenna shall be deemed abandoned as specified in Section 17.06(A).
Section 17.08 Retention of Consultants
A. Use of Consultants
Where deemed reasonably necessary by the Town Council and/or the Town, the Town Council
and/or the Town may retain the services of professional consultants to assist the Town Council
in carrying out its duties in deciding special use permit applications for personal wireless
service facilities. Where the Town Council uses the services of private engineers, attorneys, or
other consultants for purposes of engineering, scientific, land use planning, environmental,
legal, or similar professional reviews of the adequacy or substantive aspects of applications or
of issues raised during the course of review of applications for special use permit approvals of
personal wireless service facilities, the applicant and landowner, if different, shall be jointly and
severally responsible for payment of all the reasonable and necessary costs incurred by the
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Town for such services. That responsibility shall not exceed the actual cost to the Town of such
engineering, legal, or other consulting services.
B. Advance Deposits for Consultant Costs
The Town and/or Town Council may require advance periodic monetary deposits held by the
Town on account of the applicant or landowner to secure the reimbursement of the Town's
consultant expenses. The Town Council shall establish policies and procedures for the fixing of
escrow deposits and the management of payment from them. After the audit and approval of
itemized vouchers by the Town Clerk as to the reasonableness and necessity of the consultant
charges, the Town may make payments from the deposited funds for engineering, legal, or
consultant services. Upon receiving a request by the applicant or landowner, the Town shall
supply copies of such vouchers to the applicant and/or landowner reasonably in advance of
audit and approval, appropriately redacted where necessary to shield legally privileged
communications between Town officers or employees and the Town's consultant. When it
appears that there may be insufficient funds in the account established for the applicant or
landowner by the Town to pay current or anticipated vouchers, the Town shall cause the
applicant or landowner to deposit additional sums to meet such expenses or anticipated
expenses in accordance with policies and procedures established by the Town Council.
Consultants shall undertake no review on any matter scheduled before the Town Council until
the initial escrow deposit has been made or requested replenishment of the escrow deposit
has been made. No reviewing agency shall be obligated to proceed unless the applicant
complies with escrow deposit requirements.
C. Reasonable Limit Upon Consultant Expenses
A consultant expense or part thereof is reasonable in amount if it bears a reasonable
relationship to the customary fee charged by engineers, attorneys, or planners within the
region for services performed on behalf of applicants or reviewing boards in connection with
comparable applications for land use or development.
The Town may also take into account any special conditions for consideration as it may deem
relevant, including but not limited to the quality and timeliness of submissions on behalf of the
applicant and the cooperation of the applicant and agents during the review process.
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A consultant expense or part thereof is necessarily incurred if it was charged by the engineer,
attorney or planner, or other consultants for a service that was rendered to assist the Town
Council in: (a) making factual determinations consistent with the goals of protecting or
promoting of the health, safety or welfare of the Town or its residents; (b) assessing potential
adverse environmental impacts such as those identified within an ADEQ process; (c) accessing
potential adverse impacts to historic properties, structures and/or districts, and/or (d) assessing
and determining factual issues relevant to Effective Prohibition claims, as addressed herein,
enabling the Council to best comply with the letter and intent of the provision of the TCA which
is relevant thereto.
D. Audits Upon the Request of an Applicant
Upon request of the applicant or landowner, the Town Council shall review and audit all
vouchers and determine whether such engineering, legal, and consulting expenses are
reasonable in amount and necessarily incurred by the Town in connection with the review and
consideration of a special use permit application for personal wireless service facility. In the
event of such a request, the applicant or landowner shall be entitled to be heard by the Town
Council on reasonable advance notice.
E. Liability for Consultant Expenses
For a land-use application to be complete, the applicant shall provide the written consent of all
owners of the subject real property, both authorizing the applicant to file and pursue land
development proposals and acknowledging potential landowner responsibility, under this
section, for engineering, legal, and other consulting fees incurred by the Town. If different from
the applicant, the owner(s) of the subject real property shall be jointly and severally responsible
for reimbursing the Town for funds expended to compensate services rendered to the Town
under this section by private engineers, attorneys, or other consultants. The applicant and the
owner shall remain responsible for reimbursing the Town for its consulting expenses,
notwithstanding that the escrow account may be insufficient to cover such expenses. No
building permit or other permit shall be issued until reimbursement of costs and expenses
determined by the Town to be due. In the event of failure to reimburse the Town for such fees,
the following shall apply:
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The Town may seek recovery of unreimbursed engineering, legal, and consulting fees by court
action in an appropriate jurisdiction, and the defendant(s) shall be responsible for the
reasonable and necessary attorney's fees expended by the Town in prosecuting such action.
Alternatively, and at the sole discretion of the Town, a default in reimbursement of such
engineering, legal, and consulting fees expended by the Town shall be remedied by charging
such sums against the real property that is the subject of the special use permit application by
adding that charge to and making it a part of the next annual real property tax assessment roll
of the Town. Such charges shall be levied and collected simultaneously and in the same manner
as Town-assessed taxes and applied in reimbursing the fund from which the costs were
defrayed for the engineering, legal, and consulting fees. Prior to charging such assessments, the
owners of the real property shall be provided written notice to their last known address of
record by certified mail, return receipt requested, of an opportunity to be heard and object
before the Town Council to the proposed real property assessment, at a date to be designated
in the notice, which shall be no less than 30 days after its mailing.
DEVELOPMENT SERVICES
All that is A r i z o n a
F O U N T A IN HI
L
L
S
T
OWN OF INC. 1989
Existing Cell Tower
LEGEND:
500' Buffer From
Residential Zoning
Residential Zoning