HomeMy WebLinkAbout2021.0119.TCRM.Agenda.Packet�jAI .7
NOTICE OF MEETING
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n REGULAR MEETING
FOUNTAIN HILLS TOWN COUNCIL
Mayor Ginny Dickey
VI ice Mayor David S elich Councilmember Alan Magazine
Y p g
Councilmember Gerry Friedel Councilmember Peggy McMahon
Councilmember Sharron Grzybowski Councilmember Mike Scharnow
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TIME: 5:30 P.M. — REGULAR MEETING
WHEN: TUESDAY, JANUARY 19, 2021
WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town's various Commission, Committee or Board members may be in attendance at the Council meeting.
REQUEST TO COMMENT
Due to the COVID-19 pandemic, Meetings of the Fountain Hills Town Council will be closed to the public until further
notice. However, the public is still invited to participate in these meetings through use of the following tools:
TO COMMENT IN WRITING: Please feel free to provide your comments by visiting
https://www.fh.az.gov/publiccomment and SUBMIT a Public Comment Card by 3:00 PM on the day of the meeting.
These comments will be shared with the Town Council.
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3:00 PM on the day of the meeting. You will be called on during the meeting when it is your turn to speak. Be sure to
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jAs always, the meeting will be broadcast live on Cox Channel 11 and streamed from the internet at www.fh.az.gov/live.
Town Council Regular Meeting of January 19, 2021 2 of 3
NOTICE OF OPTION TO RECESS INTO EXECUTIVE SESSION
Pursuant to A.R.S. §38-431.02, notice is hereby given to the members of the Town Council, and to the general public, that at
this meeting, the Town Council may vote to go into executive session, which will not be open to the public, for legal advice
and discussion with the Town's attorneys for legal advice on any item listed on the following agenda, pursuant to A.R.S.
§38-431.03(A)(3).
CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey
MOMENT OF SILENCE
ROLL CALL — Mayor Dickey
4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
6. CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public
wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the
Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for
which the item was scheduled. The items will be removed from the Consent Agenda and considered in its
normal sequence on the agenda.
A. CONSIDERATION OF approving the meeting minutes of the Special Meeting of January 5,
2021, and the Regular Meeting of January 5, 2021.
B. CONSIDERATION OF Resolution 2021-03, abandoning the 23.07' Drainage and Slope
Easement at the rear property line of 13439 N. Stone View Trail (Adero Canyon Parcel 1, Lot
106).
C. CONSIDERATION OF Resolution 2021-04, abandoning the 10' Public Utility and Drainage
Easement at the rear of15543 E. Chicory.
REGULAR AGENDA
A. CONSIDERATION OF a Shade Structure at Four Peaks Park Playground.
Town Council Regular Meeting of January 19, 2021
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B. Review, discuss and provide feedback on the draft Sign Ordinance.
C. CONSIDERATION OF amending the policy addressing sponsorships, naming rights, and
waiver of fees for rentals and events granted to outside groups and organizations.
8. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action,
or (ii) directing staff to conduct further research and report back to the Council.
9. ADJOURNMENT
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Town Council with the Town Clerk.
Dated this day of 2021.
Elizabeth A. Burke, MMC, Town Clerk
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice)
or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Council with this agenda are available
for review in the Clerk's Office.
ITEM 6. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Administration
Prepared by: Elizabeth A. Burke, Town Clerk
Staff Contact Information:
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF approving
the meeting minutes of the Special Meeting of January 5, 2021, and the Regular Meeting of January 5,
2021.
Staff Summary (Background)
The intent of approving meeting minutes is to ensure an accurate account of the discussion and action
that took place at the meeting for archival purposes. Approved minutes are placed on the Town's
website and maintained as permanent records in compliance with state law.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendations)
Staff recommends approving the minutes of the Special Meeting of January 5, 2021, and the Regular
Meeting of January 5, 2021.
SUGGESTED MOTION
MOVE to approve the minutes of the Special Meeting of January 5, 2021, and the Regular Meeting of
January 5, 2021.
Attachments
2021.0105.TCS M . Minutes
2021.0105.TCRM . Minutes
Form Review
Inbox Reviewed By Date
Town Manager Grady E. Miller 01/09/2021 06:58 PM
Form Started By: Elizabeth A. Burke Started On: 01/07/2021 06:43 AM
Final Approval Date: 01/09/2021
TOWN OF FOUNTAIN HILLS
MINUTES OF THE SPECIAL MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
JANUARY 5, 2021
1. CALL TO ORDER — Mayor Dickey
Mayor Dickey called the Special Meeting of January 5, 2021, to order at 4:46 p.m.
2. ROLL CALL — Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmember Mike Scharnow;
Councilmember Peggy McMahon; Councilmember Sharron Grzybowski;
Councilmember Alan Magazine; Councilmember Gerry Friedel
Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson (telephonically);
Present: Public Works Director Justin Weldy; Community Services Director Rachael Goodwin;
Exec. Asst. to Manager, Mayor and Council Angela Espiritu
3. RECESS INTO EXECUTIVE SESSION
The Fountain Hills Town Council recessed into Executive Session at 4:46 p.m.
4. EXECUTIVE SESSION
A. Discussions or consultations with designated representatives of the public body in order to
consider its position and instruct its representatives regarding negotiations for the purchase, sale
or lease of real property, pursuant to A.R.S. §38-431.03(A)(7).
i. Golden Eagle and Bainbridge
ii. Saguaro, south of Shea adjuacent to SRP Yard.
5. ADJOURNMENT
The Fountain Hills Town Council reconvened into Open Session at 5:10 p.m. at which time the
Special Meeting adjourned.
TOWN OF FOUNTAIN HILLS
Ginny Dickey, Mayor
ATTEST AND PREPARED BY:
Elizabeth A. Burke, Town Clerk
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE FOUNTAIN HILLS TOWN COUNCIL
JANUARY 5, 2021
1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE — Mayor Dickey
2. MOMENT OF SILENCE
A Moment of Silence was held.
3. ROLL CALL — Mayor Dickey
Present: Mayor Ginny Dickey; Vice Mayor David Spelich; Councilmember Mike
Scharnow; Councilmember Sharron Grzybowski; Councilmember Peggy
McMahon; Councilmember Alan Magazine; Councilmember Gerry Friedel
Staff Town Manager Grady E. Miller; Town Attorney Aaron D. Arnson
Present: (telephonically); Town Clerk Elizabeth A. Burke
4. REPORTS BY MAYOR, COUNCILMEMBERS AND TOWN MANAGER
Town Manager Grady Miller said that the new COVID relief bill will be providing
organizations the opportunity to apply for assistance.
Mayor Dickey said that Item 5A, the Active Transportation Plan, is postponed due to
technical issues, and Item 7-F has been removed from the agenda.
She said that they have hundreds of cards regarding the Special Events item and the
Town Clerk will read the names and positions. The Town Council has the hard copies
and the names/positions will become part of the public record. This is their first meeting
using Zoom, so when they get to specific items, she will ask the Town Clerk if someone
wants to speak and/or if there are comment cards related to the item. Governments,
business, schools and organizations have been successfully conducting meetings
virtually for many months, and this process was cleared long ago by legal authorities for
public entities.
A. PROCLAMATION January as Speak Up, Stand Up, Save a Life Month.
Mayor Dickey thanked former Councilmember Sherry Leckrone for bringing this to the
Council's attention. She said that they still plan to have a community meeting in the
future, which Councilmembers Leckrone and Scharnow, along with herself, were
involved with. She then read the proclamation for January as Speak Up, Stand Up, Save
a Life Month.
Town Council Regular Meeting of January 5, 2021
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5. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS
A. A PRESENTATION on the proposed Active Transportation Plan and Town Council
feedback regarding its recommendations.
Mayor Dickey noted that this item will come back at a future time.
6. CALL TO THE PUBLIC
Pursuant to A.R. S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Council, and (ii) is subject to reasonable
time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during
Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of
the Call to the Public, individual councilmembers may (i) respond to criticism, (ii) ask staff to review a matter, or
(iii) ask that the matter be placed on a future Council agenda.
None
7. CONSENT AGENDA ITEMS
All items listed on the Consent Agenda are considered to be routine, noncontroversial matters and will be
enacted by one motion of the Council. All motions and subsequent approvals of consent items will include all
recommended staff stipulations unless otherwise stated. There will be no separate discussion of these items
unless a councilmember or member of the public so requests. If a councilmember or member of the public
wishes to discuss an item on the Consent Agenda, he/she may request so prior to the motion to accept the
Consent Agenda or with notification to the Town Manager or Mayor prior to the date of the meeting for which
the item was scheduled. The items will be removed from the Consent Agenda and considered in its normal
sequence on the agenda.
MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Mike
Scharnow to approve Consent Agenda Items 7-A through 7-E (as Item 7-F was removed
from the agenda).
Vote: 7 - 0 Passed - Unanimously
A. CONSIDERATION OF approving the meeting minutes of the Regular Meeting of December
1, 2020; and the Regular Meeting of December 15, 2020.
B. CONSIDERATION OF Ordinance 21-05, text amendment to Chapter 12 of the Town Code,
Section 12-3-10 C, defining term "overnight."
C. CONSIDERATION OF Resolution 2021-02, abandoning a 10' Public Utility and Drainage
Easement at the rear of 15747 E. Golden Eagle Blvd.(Plat 505-A, Block 3, Lot 16).
D. CONSIDERATION OF consent to the formation of the Rio Verde Foothills Domestic Water
Improvement District.
E. CONSIDERATION OF Resolution 2021-01 to update the Employee Pay Plan.
Town Council Regular Meeting of January 5, 2021 3 of 14
F. CONSIDERATION OF approving a Special Event Liquor License application for the
Fountain Hills VFW Post 7507 for a beer garden in conjunction with the Fountain Festival
of Arts and Crafts on February 26-28, 2021.
8. REGULAR AGENDA
A. HOLD A PUBLIC HEARING AND CONSIDER Ordinance #21-01, amending the official
Zoning Maps of the Town of Fountain Hills, Arizona by adding the Planned Shopping Plaza
Overlay District to the area bounded on the south by East Avenue of the Fountains, on the
west by North La Montana Drive, on the north by East Palisades Boulevard, and on the
east by North Saguaro Boulevard. (Case #Z 2020-10)
Mayor Dickey opened the Public Hearing.
Development Services Director John Wesley gave a brief review, noting that this is the
same property that was discussed back in September when the Council adopted a new
zoning designation of Planned Shopping Overlay Plaza. This would actually rezone this
property to such designation. He said that staff and the Planning and Zoning Commission
were recommending approval.
MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Mike
Scharnow to adopt Ordinance 21-01.
Vote: 7 - 0 Passed - Unanimously
B. CONSIDERATION OF Ordinance 21-03 amending Town Code Chapter 8, Business
Regulations, by adding Article 8-6, Vacation Rentals.
Mr. Wesley said that as vacation rental homes have grown over the years, the impacts on
adjacent properties has also increased, often due to renters using the property for large
scale parties and events. In response to these issues, the legislature passed a bill that
allows some limited action by communities to address some of the resulting effects.
The attached ordinance seeks to implement the provisions allowed by state statute.
Section 8-6-1 establishes the registry for vacation and short term rental property owners.
This registry, when created, will be available to citizens on the Town's website. Section
8-6-2 provides for the requirement that the property be in conformance with all health and
safety rules and ordinances. Section 8-6-3 provides the use limitations allowed by the
state statute.
As an additional step, the Town is reviewing related rules and regulations, including the
noise and ordinance, for any modifications that might assist in the implementation of this
ordinance and address the impacts of vacation and short-term rentals in Town. Any
recommended ordinance changes will come to the Town Council when they are ready for
consideration.
Councilmember Scharnow asked if they would have to post them on the website. Mr.
Wesley said that they are not required to do so, but they could if they would like. Mr. Miller
said that perhaps they could just list the property by address, so that neighbors would be
able to determine if it was a short-term rental.
Town Council Regular Meeting of January 5, 2021 4 of 14
Trent Heidke, Fountain Hills resident, said that he opposes vacation rentals so he would
probably support this proposal.
MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Peggy
McMahon to adopt Ordinance 21-03.
Vote: 7 - 0 Passed - Unanimously
C. CONSIDERATION OF Approving Contract 2021-028, a Services Agreement with Online
Solutions, LLC, for Citizenserve, an electronic application processing software and ongoing
maintenance and the associated budget transfers.
Mr. Wesley reviewed a PowerPoint Presentation which addressed:
ISSUES & SOLUTION
Currently require all applications by paper
Creates issues for staff and applicants
Apply when office is open
Cost of paper copies
Comments only when office is open
Review by one person at a time
Working remotely highlighted these issues
Electronic permit processing solves the issues
PROCESS
Requests for Proposals
Received 9 responses
Staff team evaluated
Presentation/demonstration by top 3
Selected Online Solutions (DBA Citizenserve)
SOFTWARE OVERVIEW
Examples from other communities
Will be able to configure to our needs
Will guide applicants in what is needed
We will assist people as needed
PORTAL HOME PAGE
PERMIT APPLICATION (1 of 3)
PERMIT APPLICATION (2 of 3)
PERMIT APPLICATION (3 of 3)
VIEW PERMIT SCREEN FROM PORTAL - PERMIT TAB
VIEW PERMIT SCREEN FROM PORTAL - REVIEWS TAB
STAFF HOME PAGE - APPLICATION INTAKE
STAFF VIEW - PERMIT WORKFLOW ROUTE
STAFF HOME PAGE - INSPECTOR
INSPECTION SCREEN FROM A DESKTOP
INSPECTION SCREEN FROM AN IPAD
SYSTEM NEEDS AND COSTS
Town Council Regular Meeting of January 5, 2021 5 of 14
Citizenserve software
1st year (configuration + annual fee) - $58,000
Annual subscription - $27,000
Bluebeam software
Upfront cost - $4,930
Annual subscription - $3,123
Additional hardware (monitors, tablets) - $6,500
Councilmember Friedel asked how long the vendor had been in business. Mr. Wesley
said that he did not know the specific number, but more than ten years. He said that they
are based in Tempe and there are several hundred local governments that use their
system.
Councilmember Scharnow asked if a contractor would be sent home if they come up to
start the permit process. Mr. Wesley said that staff will help them through the system and
can scan papers for them. The larger contractors will have to be electronic, but staff will
be set up to help them get started.
Mr. Miller said that they are probably one of the last cities in the Valley that are not on an
electronic permitting process. He said that this is a great opportunity for the contractors,
and it provides them the ability to see where their permits are within the process.
Vice Mayor asked, with everything being electronic, if there would also be a paper file. He
recently implemented a case management system, and found that when it goes bad, it
goes really bad.
Mr. Wesley said that their system is very redundant in its backup systems. Mr. Miller said,
in regard to records retention, the Town Clerk is the Records Manager for the Town and
she and Mr. Wesley will work with the vendor to ensure all requirements are met in
accordance with state statutes.
Mr. Miller said that the Town uses Neogov for employment applications, and everything is
done online. When they are hired, their record is printed from the program and that goes
into their file.
Councilmember Friedel said that it sounds like efficiency for staff.
MOVED BY Councilmember Sharron Grzybowski, SECONDED BY Councilmember Gerry
Friedel to approve Contract 2021-028 with Online Solutions, LLC, in the amount of $58,000
and the associated budget transfers in the amount of $66,400 for License
Fees (Citizenserve and Bluebeam) and $6,500 for hardware.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of January 5, 2021 6 of 14
D. CONSIDERATION OF approving the purchase of (1) Toro Multi Pro Sprayer Accessory;
(1) Toro Groundsmaster 7200 turf mower.
Public Works Director Justin Weldy said that the Community Services Department
currently has one (1) turf mower at Golden Eagle Park. Originally, the mower was
scheduled for replacement on July 1, 2021. However, the mower sustained significant
damage after being submerged in water during the flood of 2018 and required extensive
repairs so it would last as long as possible. The mower is in need of additional repairs,
and the total exceeds the adopted vehicle replacement policy that states, "Excessive
maintenance is defined as a repair cost that exceed 40% of the vehicle value in a
twelve-month period." Staff is requesting permission to 1) replace that piece of
equipment one year earlier ahead of schedule; and 2) purchase a spring apparatus for
equipment they already own for turf maintenance.
Councilmember Grzybowski clarified for the public that "next fiscal year" meant July
2022. Staff agreed.
MOVED BY Councilmember Mike Scharnow, SECONDED BY Councilmember Alan
Magazine to approve the first amendment to cooperative purchasing agreement
C2020-17 in the amount of $53,524.56 for turf maintenance equipment.
Vote: 7 - 0 Passed - Unanimously
E. DISCUSSION AND CONSIDERATION of the Findings and Recommendations for the
Fountain Park Bollard Light Fixture Painting Pilot Project.
Community Services Director Rachael Goodwin said that Council has received quite a
bit of information, but she wanted to offer some background from staff's perspective.
She thanked the efforts put forth by the volunteer group that painted the 20 bollards at
Fountain Park. She showed one of the bollards that had been removed, so the Council
could see the condition it was in. She said that it is showing some wear and they are
concerned with the effect of the water environment.
Councilmember Magazine asked if the bollard had been primed. Ms. Goodwin said that
once it was approved by Town Council, staff has been hands off and were not involved.
Someone from the volunteer group would need to answer that question.
Ted Blank, representing the volunteers, reviewed the handout he provided to each of the
Councilmembers. He said that their volunteer group has been working on this project for
almost five years. They received 200 signatures asking for some type of light mitigation
for the lights around the Park. They repainted four bollards last August which were
chipping, and there has been no problem since then. Any future painting will include the
primer. He said that it takes about one minute to remove the water stains with CLR.
Councilmember Friedel thanked the group for their work and labor, and the hours to get
this done. It is a testament to the volunteers in Town. Mr. Blank said that there are 27
volunteers on the list.
Councilmember Scharnow asked Ms. Goodwin if staff had issues with the
Town Council Regular Meeting of January 5, 2021
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recommendation from the group. Ms. Goodwin said that it is contrary to staffs
recommendation as they are looking at it from maintenance and public perception.
Councilmember Scharnow said that he has been part of several volunteer groups over
the years, and sometimes it is difficult to depend on them with consistency. but he
believes they should allow them to continue and do all the bollards. It will not cost the
Town any money or heartburn.
Councilmember McMahon asked if they have an organized plan for once they are all
painted, to check for repainting. She asked if there was any type of commitment by the
volunteers to make sure that until they are replaced, that they are going to maintain
them. Mr. Blank said that it is their intention to maintain them.
Councilmember McMahon asked long they anticipated the primer and paint would last.
Mr. Blank said that there has been no degradation yet. It should last forever as it is
designed for people to spray paint the barrels of rifles and shotguns.
Councilmember Magazine said that staff's recommendation is based upon the situation
in front of them. Ms. Goodwin said that they were repainted around August, and then
they went into autoseeding. The concern of staff is that this current primed version has
not really even seen a year -long process. They turned the water off in September and it
was not back on until early November.
Councilmember Magazine asked what the worst thing that could happen was if all the
bollards got painted with primer. Mr. Miller said that those that have been left alone are
unpainted and came from a factory that uses a galvanized finish. It has a much longer
life than something that is hand painted. Also, he said, that over time with 280 of these,
they have people complaining about the condition at the park.
Councilmember Friedel asked if they were getting complaints about the glare. Mr. Miller
said that they were not getting complaints. The biggest concern was from people that
were gone for the summer and when they came back, it had gone from no lighting to
lighting.
Mr. Blank said that they have identified a real issue. The walkers there at night loved
having the ability to walk at night; they felt safer and more secure.
Councilmember Grzybowski said that these are approximately five years old and their
expected life is eight to ten years. Having volunteered some, sometimes they are not the
most reliable. She asked if they should be concerned that the project may be blown off.
Ms. Goodwin said there is that concern of staff because it is a manual labor activity.
They are trying to consider things they encounter day to day.
Councilmember Grzybowski said that they already hire a company that comes through to
clean the artwork; perhaps they could clean these as well. Mr. Blank said that was a
volunteer effort as well.
MOVED BY Vice Mayor David Spelich, SECONDED BY Councilmember Alan
Magazine to continue the pilot program.
Vote: 7 - 0 Passed - Unanimously
Town Council Regular Meeting of January 5, 2021 8 of 14
F. CONSIDERATION of Approving the Cooperative Purchasing Agreement with Precision
Electric Co. Inc., Contract No. 2021-029, for $100,000 annually, not to exceed $500,000
over the term of the contract.
Parks Superintendent Kevin Snipes said that they have had this contract annually, but
only at $50,000 a year and after 1 1/2 years they have to come back because the
$50,000 is never enough. They are trying to streamline the process by awarding a
larger contract amount so they do not have to continue coming back over and over. He
said that this does not allow them spend any money that is not in the budget; it just
speeds up the process. He said that it was for the speciality electric work, for pump
motors, etc.
MOVED BY Councilmember Gerry Friedel, SECONDED BY Vice Mayor David Spelich to
approve the Cooperative Purchasing Agreement with Precision Electric Co. Inc., Contract
No. 2021-029, for $100,000, not to exceed $500,000 for the term of the contract.
Vote: 7 - 0 Passed - Unanimously
G. DISCUSSION AND POLICY DIRECTION to Mayor Ginny Dickey regarding the possible
prohibition of special events in Fountain Hills due to the surge of COVID-19 cases in
Maricopa County.
Mayor Dickey said that before they start, she wanted to remind everyone that this was
for discussion only. The agenda does not allow for voting or action on this item. She
apologized for not keeping up with responding to all the e-mails, but she did read them
all. She said that she would begin with what led her to bring this item to the Council,
staff, and the public.
She said that mayors received an email from the Greater Phoenix Leadership Health
Sector Task Force, a letter dated 12/3/20 signed by Presidents and CEO's of Banner
Health, Blue Cross, Cigna, Dignity Health, Envision Physician Service, Flinn
Foundation, Honor Health, Phoenix Children's Hospital, Translational Genomics
Research Institute, TriWest Healthcare Alliance, United Healthcare, Valleywise Health,
Vitalyst Health Foundation, and the AZ Healthcare and Hospital Association. It included
a copy of a similar one sent to Dr. Cara Christ recommending several actions. She said
that only one of their recommendations is being discussed --limiting larger events
permitted by the Town. The overriding reason is that hospitals are near or at capacity.
The discussion has no bearing on anything else --churches, grocery stores, protests,
schools, bars or restaurants. She said that the Governor prohibited gatherings over 50 in
June with exceptions.
Mayor Dickey said that the initial letter suggested a one -month period, then a
reassessment, but on December 31, they said, "it's been recommended that the
previous guidance apply to any gathering large groups of people for the next two to
three months until there is significant movement on disseminating vaccines, especially
with the hospitals at capacity and likely anticipating continued capacity through
February." She received the updated information yesterday from the CEO of Blue
Cross/Blue Shield and also Banner: "we are in a very dire time now, with hospitals at
93% capacity and triage balancing now in effect." That means they have to make
choices on who to treat. They are already diverting patients. To continue, "Maricopa
County is #3 in COVID cases, behind only Los Angeles and Chicago. We are currently
Town Council Regular Meeting of January 5, 2021
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dealing with the Thanksgiving infections, and will be dealing with Christmas and New
Year infections toward the end of January and well into February. Until we are well
passed the holiday infections and have given vaccines to a higher percentage of
Arizonans... we recommend that January -March large gatherings be postponed. We are
hopeful that by April we will have a majority of Arizonans vaccinated, and public safety
restrictions can start to be eased." She said that they were unequivocal about saying
this action would save lives.
Vice Mayor Spelich said that out of all of the a -mails he received, he wanted to
emphasize that he never met with the Mayor, nor did the Mayor consult with him, about
the closing of the Community Center and Town Hall for meetings.
He then shared some statistics, noting that Arizona was currently #1 in new cases of
COVID per capita. He said that #2 is California, which has some of the most restrictive
measures in the nation. He said that Florida has the lowest numbers and they have the
most minimal restrictions. Lockdowns do not work. They are once again being asked to
enact more restrictions, and by the hospitals and insurance providers. This time of year
is always the busiest time for hospitals, with the holidays.
Vice Mayor Spelich said that numbers increased since the first of the November fair, but
it was not mentioned that contact tracing has been done and it has shown that not one
of those cases was from the fair, as indicated by the Maricopa Department of Health. He
said that also not mentioned is that during that same time, they have had multiple
holidays with Thanksgiving, Christmas and New Years, where family gatherings occur
and there is a lot of travel. He said that studies have shown that 73.84% transmissions is
from home gatherings, 1.43% restaurants and bars, .069% religious gatherings, and all
with a 99.5% recovery rate. The CDC has shown the average age of death from COVID
is at 75 years of age with 2.3 underlying health issues.
He said that this is not about politics or about money. It is about what is right for the
people. Recently, the Concours in the Hills was canceled due to one of their major
sponsors, a hospital, withdrawing their support at this time. It is what it is at this point. He
said that one decision costs about $250,000 in terms of research and charity care for
sick children, not including the incidental loss of businesses in Fountain Hills. They have
all heard about the increased cases of suicide, depression and domestic abuse. Leaders
should be cautious, not reactive, and their decisions should be balanced. He said that he
has no interest in closing the art fair, nor the senior softball tournaments, which went off
twice already without any problems.
Councilmember Friedel said that he looked at this issue from different perspectives: 1)
the mental health of the residents; 2) people coming from all over to the fairs and
tournaments, and they may go elsewhere and the Town could lose those in the future;
and 3) economics. They have businesses in Town that are weak and suffering, with loss
of employees, and there are no parachutes out there. He said that the November Art Fair
was a beta test and they passed; they were successful. That tax revenue helped to
allow the Council to vote in a 3.5% raise for employees. He asked what happens if they
cancel outside events that draw sales tax revenues. He said that sales tax is important
to businesses. The Chamber did an outstanding job with the art show and the
tournaments have safety protocols.
Councilmember Scharnow said that he wanted to clarify that they are considering this
one thing --the gatherings of over 50 people. He said that his Noon Kiwanis group had a
concession stand at the last fair. They changed things up in how they operated, but he
Town Council Regular Meeting of January 5, 2021
10of14
agreed with Councilmember Friedel, what he saw was 99% compliance. He said that
there is a big difference between indoor and outdoor events. The current spikes are from
the holidays; he does not think the outdoor events are the super spreaders and he sees
no need to prohibit it.
Councilmember Grzybowski said that she had been copied on an e-mail which
specifically asked if the Mayor had an opportunity to go visit the hospitals. In November,
she had to fly to Virginia as her sister had an emergency. She has never seen a hospital
so busy. She was able to speak about their situations. She then came home and tried to
visit a friend here, but she was declined because she was only allowed one visitor per
person.
She has talked to a number of personal physicians about their feelings and about mask
wearing. She was one of three new councilmembers who had an opportunity to attend
the Newly Elected Officials training and one of the things mentioned to them is that their
job is to provide for the health, safety and welfare of their residents. There are a lot of
examples of things some people used to consider overreach, such as seatbelts,
insurance requirements, handicapped entrances, etc.
Councilmember Magazine said that he wished that people would stop reading social
media. If they have questions, e-mail or text the Council with them. They should not
believe everything they read. He wished people could be civil. These are serious issues,
with serious thoughts and facts, not assumptions. He asked who they trust. He trusts the
CDC, John Hopkins, etc. Many of those that wrote the Council had no facts whatsoever.
He questioned how they did the contact tracing. And, even if that was the case, who is
to say they wll not get it at the next fair. He spoke to the head of the local mortuary
where six to ten people from Fountain Hills have died due to COVID.
He said that he participates in art fairs and has made many friends that are artists. He is
not insensitive to their plight, but he supports having a 50-person limit on organized
events.
Councilmember McMahon said that whether they like it or not, they are in an
extraordinary pandemic. They cannot do contact tracing with accuracy. They have a
responsibility to their community's health and welfare to postpone the fair until they get
through the triple surge. They cannot ignore the fact that Arizona is the worst in the
world. She is sick of sheltering herself, but hospitals are near capacity and she wants to
have the ability to go to the hospital if it is necessary, and everyone should have that
opportunity. They have a vaccine on the way; they need to wait and see. She said that
they need to consider all of the resources that are available and make an educated
decision.
Mayor Dickey said that she wanted to make it clear that Phoenix Children's Hospital
was one of the original signers of the letter, so those writing the letters were not just
those benefiting from it. Vice Mayor Spelich said that he did not question the veracity of
the hospitals signing the letter. If Phoenix Children's Hospital had drafted a letter to
Peter Volny and one person got COVID they would be in trouble. He said that they have
gone through Iockdowns and they don't work. He said that they should give the residents
the respect that they know when they should not attend an event. He said that some use
contact tracing to make their case, but at other times they say it does not work because
it does not support their position. They cannot have it both ways.
Town Council Regular Meeting of January 5, 2021
11 of 14
Councilmember Magazine said that he is tired of hearing that if he does not want to go
somewhere he does not have to, but those that do then go to other locations where he
may come into contact with them.
Mayor Dickey said that she wanted it made clear that the letter from the hospitals came
prior to any decision made by the sponsors of the Concours in the Hills. She said that
she did not want to argue on whether or not lockdowns work, but they were in lockdown
early on and it was working, until in May when things opened back up and then the
numbers starting increasing by July.
She said that the Executive Order of the Governor in December did put the onus on
cities and towns that if they approved an event of over 50, the jurisdiction must approve
safety measures and enforce them, and send it to Department of Health Services. The
25% positivity announced today, surpassed the 21 % former high in July.They know over
930 Fountain Hills residents have contracted COVID; too many have died. What they do
not know is what the long-term health effects may be. And, with the hospitals at capacity,
it affects who they are able to treat that are not related to COVID.
Councilmember Friedel said that the rate of infection in Fountain Hills is three percent,
which he believes is one of the lowest in the area. He thinks they have done an
outstanding job and with the protocols they had in place before, he supported moving
forward with the fair.
Mayor Dickey then read a listing of events that have been canceled due to COVID:
Tempe Festival of the Arts: Canceled; had been scheduled for Dec. 4-6.
Guaranteed Rate Bowl (formerly Cactus Bowl): Canceled. It had been scheduled for
Saturday, Dec. 26, at Chase Field,
Fiesta Bowl Parade: Postponed to APRIL loth
Barrett -Jackson auto auction: Originally announced for Jan. 16-24, it has been
postponed to the week of March 22.
Barrett Jackson To Reschedule Scottsdale Auction To March 2021 To Safeguard
and
Customers Sponsors And Guests (barrett-jackson.com)
"The difficult decision to postpone the auction was made out of an abundance of caution
to safeguard auction customers, sponsors, guests and employees from the current spike
of coronavirus cases — the worst since the pandemic began — as well as the spike in the
number of cases following the upcoming holidays that health authorities are predicting."
While every indication showed that our bidders, consignors and sponsors were behind
our efforts to hold our auction next month, we decided it would be prudent at this time to
safeguard everyone's health," said Craig Jackson chairman and CEO of Barrett -Jackson.
Rock'n' Roll Arizona Marathon: Rescheduled from Jan. 16-17, 2021, to Jan. 15-16,2022.
Arizona Renaissance Festival: Canceled, after originally announcing a Feb. 6-April 4
run.
Phoenix Chinese Week: Canceled; was scheduled for Feb. 12-14.
Buckeye Air Fair: Canceled; was scheduled for Feb. 13-14.
Innings Festival: Canceled; was scheduled for Feb. 27-28. Tempe Beach Park
Arizona Matsuri, Festival of Japan: Virtual event Feb. 27-28.
Devour Phoenix: Scheduled for Feb, dates to be determined. Desert Botanical Garden
McDowell Mountain Music Fest: Dates to be determined, from March.
Town Council Regular Meeting of January 5, 2021
12 of 14
Chandler Ostrich Festival: Rescheduled to March.
Art Detour: 2021 information to be announced. March
Western Week and Arizona Indian Festival: April 15-18 (rescheduled from Feb)
Scottsdale
Pat's Run: The run will be virtual on April 24, 2021.
Councilmember Friedel asked where the magic number of 25 came from. Mr. Miller said
that he believed it was from Europe as that is the protocol they have been following.
Councilmember Scharnow asked if the Art on the Avenue and Farmers Market would
still be able to continue if the Mayor was to sign something at 50. Mayor Dickey said that
due to their size she did not think they would fall over that thresshold.
Ms. Burke then read the names of those individuals who submitted cards opposing
the prohibition of special events (supported the Special Events)
Pam Aguilu, Daniel Burch, Judy Conrad, Kedy Fossenkemper, John Kavanagh,
Christine McGinn, Tony Pierce, Paz Winshtein, Cyndi Buck, Sophie Christian, Deanna
Mumfrey, Jennifer Ernst, Douglas H Falk, Jennifer Jankovich, Ramon Velasquez, Janet
LeRoy, Harry Friedman, Deedee Samos, Al & Laure Weaver, Lynn Alchin, K & Kerri
Rasmussen, Mike Dwyer, Amy Wolfe, Peggy P Soong, Sarah DeFer, Paul Uhl, Steven
Makransky, Teresa Turner, Randy & Terry Romanin, Molly Wilson, Perry, Jane Jones,
Stephen McCullough, Adam Rubinstein, Chris Heede, Sarah Foster, Daniel Coulon,
Tom and Susan Mason, Dawne Olsen, John and Danice Person, Charles Sherman,
Tara Lamar, Daniel & Deborah Fenn, Bonnie Revelle, Vivien Buffa, Jeff Wesley,
Michelle Haden, Sallyjane Schmoll, Dana Spanierman, Richard Rutkowski, Cheryl
Shewak, Nzalamba Artworks, Dina Galassini, Rick Murphy, John Redmon, Donn
Moseley, Nancy Russell Plencner, Beverly Tall, Hector Perez Velasquez, Eddy
Crutcher, Liana Colbert, Cassie Crutcher, Peter Volny, Karen Goodwin, Jeff and Jimee
Taylor, Carolyn Henderson, Rachelle Albrecht, Jerry & Jena Andrews, Andrew Day,
Willey Beers, Anna Baum, Carole Osburn, Sonya Pacheco, Connie Little, Brian Billow,
Ted Mielke, Jennifer Defoe, Jodi Mullen, Laurie Hansen, Rick Fitch, Lynn Breezley,
James W. Gesell, Tina Garner, Deborah Brawley, Celia Sislow, Cheyenne Rouse, Jeff
Seemayer, Susan Tate, Siep Bueneker, Tracy Foltz, Brittany Hansen, Peter Z, Jessica
Robertson, Sue Kraus, Dan Hornsby, Karen K Frye, Patrick Tutt, H Victoria Mountz,
Tammy Bell, Boe James, Ray Dossey, Helena Benedetto, Tami Camody, Ann R Tanko,
Geraldine Dixon, Grete Carlson, David Crawford, Hayle, Maryann Hamel, Judith
Keenan, Tonya Hunter, Vicky Derksen, Laura Alleman, Paige Lorentzen, Becky Kayser,
Tracy Reule, Camille Andrews, Daniel Kovacevic, Rod Warembourg, Laurel Grisbach.
Total: 125 (95 nonresidents t/vendors /artists )
(NOTE: In preparing the minutes of this meeting, additional cards were found to be part
of the record,whose names were not read during the meeting. These are:
Moss Schacter, Josh Hirt, Alexandra Camacho, Rick Martin, Jerry M. Locke, Linda
Reese, Melinda Lusk, Paula Plotkin, Susan Elliot, Alice C. Novotny, Patricia West, Meg
Harter Art, LLC, Ron Kolitz, Loren Feldman, David Mosier, Robyn Mosier, Michelle
Moriarty, Laura Hennen, David Switzer, Yvonne Betts, Rocky Rothschiller, Barbara H.
Pederson, Scott Hanson, Marsena Bryant, Holly Blayes, Sandi Tychewicz, Tim DePuydt,
Mary Jo Waddell, Patty Herrer, Russell Peters, David Cook, Lisa Stotska, Brent
Treadway, Thomas Gaughan, Nancy Sliwa, Lynn Lucas.
Town Council Regular Meeting of January 5, 2021
13 of 14
Total: 36 (29 nonresidents / vendors / artists)
She then read the names of those who supported the prohibition of special events: (No
to holding Special Events)
Catherine Gilbert, Kathleen Butler, Dianne Price, Cindy Couture, Crystalle Ebbinga,
Sharon Groves, Eric Landau, Anne Hayes, Billie Jon King, Ukiah Odom, Chris Clemens,
Dave Long, Sharon Ehrlich, Fred James, Nancy Gibson, Amy Arnold, Al Ronca, Scott
Huske, Clifford King, Hilary Quintin, Nita, Sherri James, Jessamyn Clark, Marion Wilson,
Sue Kelly, Joan and David Dunham, David Clark, Peggy Yeargain, Evelyn
Sonenschein, Kelly Follett, Robert Hersh, Don Scott, Cheryl Graham, Chris Brezler,
Christy Baxter, Naomi Matusow, Cynthia Lewis, Stuart Wecker, Robert Shields, Pietrina
Pensabene, Peggy Roberts, Lisa Miller, Kathy Florence, Paul Coleman, Amy Burnett,
Dan M Davisson, Debbie Duckro, Debbie Clason, Judith Becker, John McNeill, Tess
Stevens
Total: 52 (all but 2 are residents)
Ms. Burke noted that they also received cards from 87 individuals, nearly all of whom
were residents, who were opposed to "closing down the Town." These individuals
believed that the Council was considering stricter regulations that would close down
restaurants, bars, businesses, etc. The names were not read during the meeting, but are
shown here for informational purposes:
Barbara Altergott, Kathy Barnes, Chuck and Barb Beverly, Mary Ann Bosnos, Breton's
Automotive, Barbara Cardinal, Becky Chapman, Dave Clark, Jessica Clayton, Amy
Cosman, Chuck Otto, Mal Davis, Marilyn Davis, Deborah Bigler, Peter & Linda Donzelli,
Mary Edman, Lyle Edwards, Betsy Engle, Thomas and Jennifer Gaughan, Amy and
Luke Glomski, Robert Hager, Sid Hall, Gary Hoger, Ken Holloway, Sheldon Johnson, Jill
Kasper, Scott Kasper, Jon Knapp, Bob Lull, Steve & Vicki Lynes, Pat McCarty, Christine
McGinn, Linda McGoldrick, Dave Morgel, Monica Mullen, Teresa Muul, Mia Marletto,
Thomas Pagliuco, Cynthia Parke, Lance Parr, Danielle Pela, Chuck Pisano, Eva Porter,
Sherry Taylor, Melinda Stanton, Bill Luzinski, Belinda Read, Alexandra Shamaya, Craig
Wilson, Marianne Winchester, Charles Spielvogel, Tony Pierce, Martha Brown, Rebecca
Chapman, Jennifer Southwick, Kriwer Svob, Beverly Tall, Dianne Price, JD, James
Waddell, Anthony J. Pistilli, Mike Reuvers, Kathy Ruebusch, Connie Saggione, Dick
Schaffer, Tim Sciutto, Sharla Shore, Jim and Arlene Stewart, Susan Titus, Stephen J.
Ward, Mary Webster, Ron Williamson, Craig Wilson, Jane Wingert, Barb & Brad Tesch,
Dave & Jean Peterson, Alan Grosso, Susan Curry, Ron Renaud, Debra J. Elder,
Stephanie Leevan.
The following individuals then addressed the Council through the Zoom meeting:
Opposed to Prohibiting the Art Show
Betsy LaVoie
John Manley
Boe James
Supported Prohibiting the Art Show
Kim Ptak
Town Council Regular Meeting of January 5, 2021
14 of 14
Mayor Dickey said that the purpose of bringing this item before the Town Council was to
share information and hear from the Town Council, as well as the public, and she would
be talking to others and staff.
9. COUNCIL DISCUSSION/DIRECTION to the TOWN MANAGER
Item(s) listed below are related only to the propriety of (i) placing such item(s) on a future agenda for action,
or (ii) directing staff to conduct further research and report back to the Council.
10. ADJOURNMENT
MOVED BY Councilmember Alan Magazine, SECONDED BY Councilmember Sharron
Grzybowski to adjourn.
Vote: 7 - 0 Passed - Unanimously
The Regular Meeting of the Fountain Hills Town Council held January 5, 2021,
adjourned at 8:05 p.m.
ATTEST AND PREPARED BY:
Elizabeth A. Burke, Town Clerk
CERTIFICATION
TOWN OF FOUNTAIN HILLS
Ginny Dickey, Mayor
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Meeting held by the Town Council of Fountain Hills in the Town Hall Council Chambers on the 5th day of
January, 2021. 1 further certify that the meeting was duly called and that a quorum was present.
DATED this 19th day of January, 2021.
Elizabeth A. Burke, Town Clerk
ITEM 6. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Public Works
Prepared by: Anh Harambasic, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF Resolution
2021-03, abandoning the 23.07' Drainage and Slope Easement at the rear property line of 13439 N.
Stone View Trail (Adero Canyon Parcel 1, Lot 106).
Staff Summary (Background)
Applicant/Owner: Jason A. Kalich
Property Location: 13439 N Stone View Trail
This is a proposal to abandon a 23.07' Drainage and Slope Easement at the rear of 13439 N. Stone View
Trail (Adero Canyon Parcel 1, Lot 106). The applicant has indicated that he wants to construct a pool
within the existing easement area.
Staff has reviewed the site to determine any on -site drainage and slope issues in addition to the Town's
general interest in the easement. The final grading of the lot has been graded flat and there is no need
for the Town to retain the drainage and slope easement proposed to be abandoned, with the
understanding that the owner of the lot is required to pass the developed flows generated by the
upstream lots across their property.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of Resolution 2021-03.
SUGGESTED MOTION
MOVE to adopt Resolution 2021-03.
Vicinity Map
Exhibit A: Survey
Res. 2021-03
Inbox
Town Clerk
Town Engineer (Originator)
Town Clerk
Development Services Director
Town Attorney
Town Manager
Form Started By: Anh Harambasic
Final Approval Date: 01/09/2021
Attachments
Form Review
Reviewed By
Anh Harambasic
Anh Harambasic
Elizabeth A. Burke
John Wesley
Aaron D.Arnson
Grady E. Miller
Date
12/30/2020 07:20 AM
12/30/2020 07:26 AM
12/30/2020 07:41 AM
12/30/2020 03:54 PM
01/04/2021 11:09 AM
01/09/2021 07:06 PM
Started On: 12/29/2020 03:19 PM
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
FINAL PLAT - ADERO CANYON PARCEL 1, LOT 106
ABANDON 23.07'
DRAINAGE & SLOPE
EASEMENT
LOT 106
10
a
8' P.U.E.TO REMAIN
_ 0 = 12'02'01 "
R = 480.00'
STONEVIEW TR N o
0
Nl
O 3: ool%e l l
C� N it � O CA T
f
1! 1� ��' c`1� 36500 �?
— — — — — — ANH T.
S HARAMBASIq
0 20' 46 $fs
S� d
DATE: 12-24-2020
9/34 �r
RESOLUTION 2021-03
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST IT HAS IN THE 23.07- DRAINAGE
AND SLOPE EASEMENT AT THE REAR (13439 STONE VIEW
TRAL) PROPERTY LINE OF PLAT ADERO CANYON PARCEL 1,
LOT 106, FOUNTAIN HILLS, ARIZONA, AS RECORDED IN THE
OFFICE OF THE COUNTY RECORDER OF MARICOPA
COUNTY, ARIZONA, RECORDED IN BOOK 1220, OF MAPS,
PAGE 39
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council'), as the
governing body of real property located in the Town of Fountain Hills (the "Town"), may require the
dedication of public streets, sewer, water, drainage, and other utility easements or rights -of -way
within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private
property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed abandonment.
ENACTMENTS:
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1 That the drainage and slope easement, located at the rear property line of Plat Adero
Canyon Parcel 1, Lot 106 (13439 Stone View Trail) Fountain Hills, as recorded the Office of the
County Recorder of Maricopa County, Arizona, Book 1220 of Maps, Page 39, are hereby declared
to be abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage
runoff. The property owner is required to pass the developed flows generated by the upstream lots
across their property.
SECTION 2 That this Resolution is one of abandonment and disclaimer by the Town solely for
the purpose of removing any potential cloud on the title to said property and that the Town in no
way attempts to affect the rights of any private party to oppose the abandonment or assert any right
resulting there from or existing previous to any action by the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 19t" day
of January, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor
Elizabeth A. Burke, Town Clerk
RESOLUTION 2021-03
PAGE 2
REVIEWED BY:
Grady E. Miller, Town Manager
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Consent Submitting Department: Public Works
Prepared by: Anh Harambasic, Town Engineer
Staff Contact Information: Justin Weldy, Public Works Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF Resolution
2021-04, abandoning the 10' Public Utility and Drainage Easement at the rear of15543 E. Chicory.
Staff Summary (Background)
Applicant/Owner: Christopher Adkins
Property Location: 15543 E Chicory Drive
This is a proposal to abandon the pre -incorporation 10' Public Utility and Drainage Easement at the rear
of Plat 603-B, Block 6, Lot 4 (15543 E. Chicory Dr). The applicant plans to construct a pool within the
existing easement area.
Staff has reviewed the site to determine potential on -site drainage issues in addition to the Town's
general interest in the easement. There is no need for the Town to retain the drainage easement
proposed to be abandoned, with the understanding that the owner of the lot is required to pass the
developed flows generated by the upstream lots across their property. All public utilities have approved
the abandonment of this easement.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends adoption of Resolution 2021-04
SUGGESTED MOTION
MOVE to adopt Resolution 2021-04.
Vicinity Map
Exhibit A: Survey
Res. 2021-04
Inbox
Town Clerk
Development Services Director
Town Attorney
Town Manager
Form Started By: Anh Harambasic
Final Approval Date: 01/09/2021
Attachments
Form Review
Reviewed By
Elizabeth A. Burke
John Wesley
Aaron D.Arnson
Grady E. Miller
Date
12/30/2020 07:26 AM
12/30/2020 07:29 AM
01/04/2021 11:08 AM
01/09/2021 06:57 PM
Started On: 12/17/2020 01:29 PM
TOWN OF FOUNTAIN HILLS
EASEMENT ABANDONMENT
EXHIBIT "A"
PLAT 603—B BLOCK 6 LOT 4
n6
!Y
19
YI' E
S
0 20' 40'
mm �
SCALE: 1' : 40'
DATE: 12-24-2020
Cy�OoRY�
OR
59 Isv0"
0= 06*50'36"
R = 175.00'
L = 20.90'
BLOCK 6
LOT 4
ABANDON 10'
P.U.E. & D.E.
o�
lcr
,00
o
NM
2
1 \
\
RESOLUTION 2021-04
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN
OF FOUNTAIN HILLS, ARIZONA, ABANDONING WHATEVER
RIGHT, TITLE, OR INTEREST IT HAS IN THE PRE -
INCORPORATION 10' PUBLIC UTILITY AND DRAINAGE
EASEMENT AT THE REAR (15543 E CHICORY DRIVE)
PROPERTY LINE OF PLAT 603-13, BLOCK 6, LOT 4, FOUNTAIN
HILLS, ARIZONA, AS RECORDED IN THE OFFICE OF THE
COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA,
RECORDED IN BOOK 161, OF MAPS, PAGE 41
RECITALS:
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council'), as the
governing body of real property located in the Town of Fountain Hills (the "Town"), may require the
dedication of public streets, sewer, water, drainage, and other utility easements or rights -of -way
within any proposed subdivision; and
WHEREAS, the Town Council has the authority to accept or reject offers of dedication of private
property by easement, deed, subdivision, plat or other lawful means; and
WHEREAS, all present utility companies have received notification of the proposed abandonment.
ENACTMENTS:
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, as follows:
SECTION 1 That the public utility and drainage easement, located at the rear property line of Plat
603-B, Block 6, Lot 4 (15543 E Chicory Drive) Fountain Hills, as recorded the Office of the County
Recorder of Maricopa County, Arizona, Book 161 of Maps, Page 41, are hereby declared to be
abandoned by the Town. Certain lots within this subdivision are subject to lot -to -lot drainage runoff.
The property owner is required to pass the developed flows generated by the upstream lots across
their property.
SECTION 2 That this Resolution is one of abandonment and disclaimer by the Town solely for
the purpose of removing any potential cloud on the title to said property and that the Town in no
way attempts to affect the rights of any private party to oppose the abandonment or assert any right
resulting there from or existing previous to any action by the Town.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 19th day
of January, 2021.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ginny Dickey, Mayor
Elizabeth A. Burke, Town Clerk
RESOLUTION 2021-04
PAGE 2
REVIEWED BY:
Grady E. Miller, Town Manager
APPROVED AS TO FORM:
Aaron D. Arnson, Town Attorney
ITEM 7. A.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Community Services
Prepared by: Jamie Salentine, Executive Assistant
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF a Shade
Structure at Four Peaks Park Playground.
Staff Summary (Background)
The Community Services Department is requesting approval to purchase a new shade structure for the
Four Peaks Park playground. The shade structure will help extend the life of the playground equipment
and allow for more use during warm weather. The Town has a current Cooperative Purchasing
Agreement (#2017-0672.3) with Shade 'N Net. The funding has been approved within the FY 20/21
Budget under the Capital Improvement Projects (CIP) P3035 for Four Peaks Parks. Staff is requesting an
amount not to exceed $121,100 which includes a 10% contingency amount from the provided quote to
cover any incidentals or unforeseen costs related to the installation of the shade structure.
Related Ordinance, Policy or Guiding Principle
N/A
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends approval.
149104:11419:101ato] IEel
MOVE to approve the purchase of a shade structure for Four Peaks Park playground from Shade 'N
Net not to exceed $121,100 utilizing current Contract 2017-072.3.
Fiscal Impact
Fiscal Impact: $121,000
Budget Reference: P3035
Funding Source: CIPPR
If Multiple Funds utilized, list here:
Budgeted: if No, attach Budget Adjustment Form: Yes
Quote - Shade Structure
Inbox
Community Services Director
Finance Director
Town Attorney
Town Manager
Form Started By: Jamie Salentine
Final Approval Date: 01/12/2021
Attachments
Form Review
Reviewed By
Date
Rachael Goodwin
01/07/202101:50 PM
David Pock
01/07/202106:25 PM
Aaron D. Arnson
01/12/202107:55 AM
Grady E. Miller
01/12/2021 09:03 AM
Started On: 01/04/2021 11:59 AM
November 19, 2020
ATTN: Kevin Snipes
PROPSOSAL FOR: Four Peaks Park (Coverage of All Play Equipment Except Zip Line)
PROPOSAL:
Manufacture and install a 64'x102' extreme span hip roof design cable tension shade fabric
structure, utilizing 6 support columns, with an entry height of 14' (6,528 Sq. Ft.).
PRICING PER MOHAVE VENDOR CONTRACT#16D-SHADE-0401
To supply Shade N' Net structure (@$11.28 Sq. Ft.)
$ 73,635.84
Private locator service (@$315.00)
$ 315.00
To dig/pour 6 footings & install (@$3,183.00 each) ADDITONAL
CHARGES WOULD APPLY FOR HARD DIG CONDITIONS
$ 19,098.00
Drilling service for hard dig conditions (Pass thru)
$ 3,900.00 *If required; NOT
included in total
Crane & reach fork service charges (Pass thru)
$ 3,840.00
To haul away excavated footing spoils (@$130.00 per hole)
$ 780.00 *Optional
To provide stamped structural engineering ($.95 Sq. Ft.)
$ 6,201.60
Sub total
$103.870.44
Fountain Hills construction services sales tax (5.98%)
$ 6,211.45
Total
$110,081.89
Warranty: Shade fabric carries a 10 year limited warranty.
*Excavated footing spoils may be left at job site at no charge.
SUN PROTECTION - "Commercial 95" - a high density polyethylene shade fabric offers excellent sun
protection and blocks up to 98% of harmful UV rays. Because the material is permeable heat is not trapped
underneath.
ENGINEER DESIGNED - The structures have been designed by professional engineers to conform to local
building codes and withstand severe wind loads.
Should you have any questions or require further information please contact me for prompt attention.
Yours in sun protection,
George Johnson, Shade' N Net
602.484.7911 • Fax 484.7919 • 800.290.3387 • 5711 West Washington Street • Phoenix, AZ 85043
ITEM 7. B.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Council Discussion Submitting Department: Development Services
Prepared by: John Wesley, Development Services Director
Staff Contact Information: John Wesley, Development Services Director
SPECIAL PUBLIC APPEARANCES/PRESENTATIONS (Agenda Language): Review, discuss and
provide feedback on the draft Sign Ordinance.
Staff Summary (Background)
In 2015, the U.S. Supreme Court in a case known as Reed v. Town of Gilbert ruled that sign ordinances
generally cannot regulate signs based on content. An example of this is allowing A -frame signs in certain
locations based on the message of the sign but prohibiting the same sign if the message changes to one
that is not allowed. The vast majority of cities and towns in the country with sign regulations have been
forced to update their sign ordinances to comply with this court decision.
Chapter 6 of the Zoning Ordinance establishes the rules and requirements associated with signage in
the Town of Fountain Hills. The current sign ordinance contains regulations which are based on
content. Therefore, an update to the sign ordinance was necessary.
To create the revised ordinance staff reviewed ordinances from other Valley cities that have completed
their updates, held an internal meeting to consider what revisions are needed, and met with a group of
stakeholders for their input on the current ordinance. The staff and stakeholder groups have reviewed
and provided comments on a draft of the new ordinance language. The draft ordinance was presented
to the Planning and Zoning Commission in May 2020 for its review and recommendation. The
Commission has recommended approval of the draft ordinance.
The revised ordinance updates the entire chapter of the Zoning Ordinance. While an effort was made
to keep as much of the standards in the ordinance to the current standards as much as possible, there
are still extensive changes to the existing ordinance. The purpose of this agenda item is for the Town
Council to become more familiar with the contents and then provide staff with feedback regarding
whether or not more changes should be considered. Based on the feedback received from the Town
Council, staff will make modifications to the draft ordinance and will either go back to the Planning and
Zoning Commission its their consideration or bring the final ordinance to the Town Council for a public
hearing.
Attachments
Memo
Draft New Ordinance
Existing Sign Ordinance
Presentation
Inbox
Development Services Director (Originator)
Town Attorney
Town Manager
Form Started By: John Wesley
Final Approval Date: 01/09/2021
Form Review
Reviewed By
John Wesley
Aaron D. Arnson
Grady E. Miller
Date
01/05/202102:01 PM
01/05/202102:07 PM
01/09/202107:04 PM
Started On: 12/30/2020 04:26 PM
►1iT mm
TO: Mayor and Town Council
Grady Miller, Town Manager
Aaron Arnson, Town Attorney
FROM: John D. Wesley, AICP, Development Services Director
DATE: January 19, 2021
SUBJECT: Review of recommended new sign code
Following is an outline of the new ordinance with a summary of the primary changes.
Section 6.01
1. Changed the name from "Purpose" to Introduction
2. Expanded this section significantly to provide the background and legal framework for the
ordinance.
3. Section 6.01 B. reviews the applicability of the sign ordinance. Some of this came from the
current section 6.03 on sign permits. It seemed more appropriate for this applicability language
to be in this introductory section.
4. Section 6.01 B. 1.
a. Ordinance applies to signs as defined in Section 6.02 of the Ordinance. This definition
has been modified to not apply to signs not visible beyond the boundaries of the
property.
b. Makes it clear the code is focused on issues of size, number, location, etc. and not the
content of the sign.
5. Section 6.01 B. 2. provides a list of signs which are not subject to this ordinance. Included in this
list is "signs authorized or required by Arizona Revised Statutes." This covers political signs,
which are not subject to our ordinance.
6. The other items covered are fairly standard legal provisions common to sign ordinances.
Ccrtinn F, m
1. In the current code Section 6.02 is not used, it is reserved. It is now being used it for definitions.
Current sign definitions are contained in Chapter 1 of the Zoning Ordinance with other zoning
definitions. Staff felt it was more user friendly to have the sign definitions within this portion of
the ordinance rather than having them in Chapter 1 of the Zoning Ordinance.
2. To create this section, staff started with the current definitions then removed ones that were no
longer needed (e.g. sign, fuel price; sign, ideological; sign, fascia) and changed others to remove
any reference to content. An example of this is changing "Sign, Directional: A sign that does not
contain either identification or advertising copy, but does contain other helpful information,
including assisting in the flow of traffic" to "On -site Directional: A small permanent sign located
adjacent to a driveway or drive aisle." The revised definition removes the reference to the
content of the sign.
3. Added pictures of signs to help provide understanding to the definitions.
4. Added definitions for the sign types used in the revised ordinance.
5. Changed the definition of sign to read as follows: "Sign: Any device placed to attract
attention by providing identification, advertising or directional information for a
business, service, product, person, organization, place, or building when the display of
this device is visible beyond the boundaries of the public or private property upon which
the display is made. Included in this definition, as signs are graphic devices such as
logos and attention -attracting items such as banners or logo sculptures." (Underlined
sections are the new language.) The change to the definition of "sign" was done to
eliminate things that are placed on the exterior of a building that are not meant to
attract attention or cannot be seen from off the property as part of the signage
allowance.
Section 6.03
1. Changed the name from "Sign Permit; Fees" to "Building Permit; Fees" (the Town does not
actually issue sign permits, we issue building permits for signs).
2. Broke the existing Section "A" into two sections, "A" and "B" because two concepts were
included.
3. There is conflicting information in the current ordinance as to whether or not a permit is needed
to simply change out a sign face in an existing sign. Because it seems unnecessary for this type
of activity to need a permit and to eliminate the confusion, removed changing the face of a sign
from the list of what constitutes modification of a sign.
4. Shortened the list of signs not needing a permit by removing references to signs based on
content (e.g. holiday signs, garage sale signs).
5. Added a new provision "F" that provides basic criteria for what should be submitted with the
building permit application to facilitate review. Right now we do not have any specific
requirements for what should be submitted with an application for a permit for a sign. This
section lists the basic requirements.
Section 6.04
1. This is a combination of what was 6.04 Violations and 6.05 Penalties; primary changes are in
formatting.
2. The only significant change is to what is now 6.04 D. (was 6.05 A., B., and C.) by increasing the
fines for violations. The proposal is to raise fines from $25 to $50 for the first offense, $50 to
$100 for a second offense, and $100 to $250 for a third offense.
Cartinn r, nS
1. This is Section 6.06 in the current ordinance, no significant changes.
2. Added a remedy (6.05 A. 1. Issuing a civil citation) to be consistent with upcoming changes to
the Town Codes with regards to civil citations.
Cartinn r, nr,
2
1. This is a re -use of this section number made available by combining sections above.
2. The current ordinance has options for Master Sign Plans (Section 6.08 J. 7.) and Comprehensive
Sign Plans (Section 6.08 Z.). Rather than having them tucked into these sections, it made it more
useful to give these options their own section for ease of locating the requirements.
3. The draft new code establishes just one type of sign plan, but it can be used like the master and
comprehensive sign plans of the current ordinance. A sign plan benefits the Town by having
signage looked at holistically on a property and increasing the design quality of the signs.
4. Section 6.06 A. provides the purpose of the sign plan, which is to address unique situations and
encourage more attractive signage.
5. Section 6.06 B. provides the application requirements
6. Section 6.06 C. includes an allowance to increase sign height, area, and number by up to 10
percent through use of the sign plan option. This provides an incentive to use this approach.
7. Section 6.06 C. 2. sets forth some additional, optional, criteria for creative design. Signs which
meet this criteria for creative design can get an additional 10% of sign area.
8. Section 6.06 D. provides for Zoning Administrator approval of sign plans. This is consistent with
the current code requirements and increases likelihood of use versus a requirement to go to a
Board or Commission for review and approval.
SPrtinn 6_n7
1. This is essentially the same as Section 6.07 in the current ordinance. It has been re -organized to
group topics and put them under subheadings to make it easier to find specific information.
There are a few changes which are outlined below.
2. Section 6.07 B. 2. lists prohibited sign locations and Section 6.07 E. lists prohibited signs. The
regulations for these two sections were taken from existing regulations in what is now 6.07 B, C,
E, and K.
a. Current Sec. 6.07 I. 12. prohibits temporary signs in the Shea right of way. Strict
application of this ordinance would not allow For Sale or For Rent temporary signs for
commercial properties along Shea to have their signs near the street. Sec. 6.07 B. 2. m.
makes an exception to allow the new "Post and Board" temporary sign type within the
Shea right of way.
3. Section 6.07 D. covers sign measurement. The Council recently approved an amendment to the
existing sign ordinance to provide greater flexibility in how signs are measured. This new
language is included in this section of the new ordinance.
4. Section 6.07 E covers prohibited signs. Essentially the same as current code.
a. Today we prohibit "feather signs" through an ordinance interpretation. Section 6.07 E.
9. specifically includes this type of sign in the list of prohibited signs.
5. Section 6.07 F covers illumination standards for signs. This is an expanded list of standards
compared to the current provisions in Sec. 6.07 J. The other provisions are either contained in
other parts of the ordinance or were incorporated from other ordinances as best practices.
6. The current ordinance discusses vehicle signs in Section 6.07 M. These regulations have been
moved to Section. 6.08 A. 15. in the new ordinance.
7. The current ordinance has a Section 6.07 N., which allows additional sign area if the sign
includes a Town provided logo or symbol. This is a content -based regulation, which is not
allowed per the Supreme Court ruling, therefore, this provision was eliminated from the new
ordinance.
8. Section 6.07 G. in the new ordinance is entirely new. It was added to provide some additional
guidance to sign design to help improve the quality of the sign and its connection to the building
design.
Section 6.08
1. In the current ordinance, this section provides all of the rules for specific types of signs. This
section still provides the basic sign requirements and allowances, but it has been significantly
altered in terms of format and sign types. With regards to the actual sign regulations, the goal
was to be as consistent as possible to current allowances. There are, however, some specific
changes. These changes are outlined below.
2. The current ordinance has a requirement for a total aggregate sign area (Section 6.08 A.). This
has been removed from the new ordinance because it is confusing and difficult to administer,
particularly in multi -tenant buildings. There have been some cases where signage for individual
tenants was extremely limited or not allowed because other tenants had used up the allowed
aggregate sign area on a building.
3. Information for each sign type is organized in the same manner to facilitate use and readability.
4. 6.08 A. 1. — A -frame signs. Essentially the same as the current Sec. 6.08 B., except now allowed
in residential districts in a limited capacity.
The current ordinance also has "sunset" provision on the use of A -frame signs. Staff has
removed the termination provision for A -frames in that it seems unlikely the Council will ever
vote to stop allowing them. This can easily be put back in, however, based on public input and
the desires of the Town Council.
5. 6.08 A. 2. — Awning Signs. Essentially the same as current code (Sec. 6.08 C.).
6. 6.08 A. 3. — Balloons. Essentially the same as current code (Sec. 6.08 D.). In the current
ordinance banners, balloons, and pennants were grouped together. They have been pulled
apart for the new ordinance to make it more clear what the rules are for each one. Pennants
are no longer listed as an allowed sign type. This code continues to allow for only small
balloons; large blow up items such as gorillas are still not permitted. Also, the ordinance
continues to not allow the tubes with air that is blown in them to make the move.
7. 6.08 A. 4. — Banners. Current ordinance provisions are in Sec. 6.08 D. Because of being content
neutral, can no longer single them out for grand opening, Chamber ribbon cutting, change of
management, or church events. The current code allows certain types of banner signs for up to
30-days with a permit. Any banner is allowed for two, 7-day periods per month with no permit
required, but the Town is to be notified.
The proposed new code is similar. It does not require a building permit for any temporary sign
and limits all banner signs to a maximum of 30 days per calendar year. An exception can be
granted by the Zoning Administrator through a Temporary Use Permit. Staff is reconsidering the
recommendation that we do not require a permit for these signs. Without the permit, we will
not know when they have been up to track the use of the 30-day period. There is concern,
4
however, that it will be an administrative challenge to keep up with and administer a permit for
these signs.
8. 6.08 A. 5. - Building Wall Signs. Currently Sec. 6.08 W. Removed differing regulations for wall
signs above the first floor. Council previously increased the allowable area from one foot of
area to one foot of occupancy frontage to 1.5 feet of sign area per foot of occupancy frontage.
The current code is not clear if multiple walls signs are allowed. The new ordinance allows one
sign for each 50 feet of occupancy frontage, or portion thereof. (1 sign for 50' or less; 2 signs
51'-100'; 3 signs 101'-150'; etc.)
9. 6.08 A. 6. - Drive Thru Signs. Essentially the same as the current Menu Board sign (Sec. 6.08 N.).
While the name implies a specific message on the sign, signs placed in the prescribed locations
may convey any message. The current ordinance includes language about the associated
speaker boxes. These are not sign regulations and have been removed.
10. 6.08 A. 7. - Flags. Currently Sec. 6.08 I. Many of the current regulations are based on the
message on the flag. We can no longer regulate the message on a flag whether it is a United
States flag or a flag with a business name on it. Therefore, the new code only regulates the
number of poles allowed, the height of the poles, the number of flags per pole, and the size of
the flag compared to the height of the pole and sets a maximum size.
Under the current ordinance corporate flags can be a maximum 15 square feet with a maximum
dimension in any direction of 6 feet. Governmental flags can be up to 60 square feet with no
maximum on a national or state holiday. We can no longer regulate based on the message on
the sign; therefore, a business could have a 60 square foot flag with their name or logo.
11. 6.08 A. 8. - Freestanding Wall/Fence. This is largely a replacement for subdivision entry signs
(currently section 6.08 J.) for those cases when the sign is placed on the subdivision wall vs. a
freestanding monument sign. The regulations are essentially the same as for subdivision signs in
the current ordinance.
12. 6.08 A. 9. - Hanging or Under Canopy Sign. Essentially the same as current code (Sec. 6.08 V.).
13. 6.08 A. 10. - Monument Sign. In the current code they are referred to as Freestanding signs
(currently Sec. 6.08 J.) and not allowed in residential districts. Because they can be
"subdivision" signs, the code needs to provide an allowance for them in residential zones. The
allowance for commercial properties is the same as current code, added provisions for the single
and multiple residential which are slightly smaller and shorter. The current code allows only one
such sign per street front. Based on comments from our citizen review committee about
allowing more than one monument sign, added a provision (6.08 A. 10. c.) to allow one
monument sign per 300 feet of frontage (would need 600' of frontage for 2 monument signs).
14. 6.08 A. 11. - On Site Directional Signs. This is new category meant to provide for small on -site
signs, generally used to provide directions, but could contain any message.
15. 6.08 A. 12. - Post and Board Signs. This is a replacement for real estate signs and future
development signs in the current code (Sections 6.08 L. and T.). Essentially the same as current
code. Divided out developed and undeveloped allowances to provide for future development
signs contained in current code.
16. 6.08 A. 13. - Projecting Sign. Essentially the same as current code (Sec. 6.08 S.).
17. 6.08 A. 14. - Sign Walkers. Essentially the same as current code (Sec. 6.08 BB.).
5
18. 6.08 A. 15. — Vehicle Signs. These regulations are currently in Section 6.07 M. Current code
creates a distinction between vehicles that are more or less than 3.5 tons. In review of other
towns, we could not find any other community that tried to make this distinction. Regulating
base on the rated tonnage of a vehicle has proven to be difficult in the past. The new ordinance
does essentially the same thing as the current ordinance in not allowing vehicles to become
additional permanent signs.
19. 6.08 A. 16. — Window Signs. Essentially the same as current code (Sec. 6.08 X.). Because neon
signs can only be used in windows, added the requirements for neon signs to this section (Sec.
6.08 P. in the current ordinance).
20. 6.08 A. 17. — Yard Signs. This is a new category primarily to provide for open house and garage
sale signage, but can be used for any message. Because of the primary intended use, they are
allowed in all districts. Standards are similar to the previous categories of garage sale and open
signs (Sections 6.08 M. and Q.).
21. The current Section 6.08 includes several sign types, which are no longer included in the code
because they are content based or included in one of the other sign types. The sign types
eliminated include: Civic Organization Identification, Contractor, Directory, Fuel Price, Multi -
Tenant Building Identification, Open House Directional, Political and Ideological, Special Event,
Street Address, and Window Decorations/Painting.
22. 6.08 B. covers electronic message centers. This is significantly changed from current code (Sec.
6.08 CC.) in terms of format and language, but attempts to follow the current standards. Staff
has worked with the Dark Sky Committee and the Arizona Sign Association to develop the new
regulations. When the draft ordinance was reviewed by the Planning and Zoning Commission,
the recommendation was to set the maximum luminance level for night time at 40 nits. Since
then staff has learned this is not feasible. Therefore, staff is recommending that the current
standard of 100 nits be maintained. The Arizona Sign Association and the Town's Dark Sky
Committee agree with this modification.
23. 6.08 C. addresses how many temporary signs are permitted on a property. Signs can no longer
regulate signage by message, but there is still a need to allow for things such as For Sale signs on
a single-family lot. Therefore, the code needs to allow for temporary signs in all districts. While
the ordinance cannot regulate the message that will be presented on the sign, it can still control
the size and number of sign allowed. Based on existing code allowances and review of other
cities, numbers were selected for Table 6.08 D. that seem reasonable. Consideration should be
given as to whether these are good, too much, or too little. This section also includes a
provision for signage on developing lots to provide for the current contractors sign allowance.
24. 6.08 D. This is the provision for Residential Directional Signs that was previously considered by
Planning and Zoning Commission as a way to address the allowance for and placement of
primarily garage sale and open house signs. This is included here rather than as a sign type
because at least two sign types, A -frames and Yard Signs, could be used for this function.
0
Town of Fountain Hills Zoning Ordinance
Chapter 6
SIGN REGULATIONS (DRAFT)
Sections:
6.01
Introduction
6.02
Definitions
6.03
Building Permits; Fees
6.04
Violations and Penalty
6.05
Enforcement and Remedies
6.06
Sign Plans
6.07
General Regulations
6.08
Sign Requirements and Allowances
Draft Sign Ordinance February 13, 2020
2
Section 6.01 Introduction
The regulations set forth in this Chapter are intended to encourage attractive
signage for businesses and services, optimize the availability of information,
and promote the general welfare by creating a more aesthetically appealing
community.
A. Findings and Purpose
1. Findings. Signs can obstruct views, distract motorists, obstruct
pedestrians or vehicular traffic flow, create safety hazards,
create aesthetic blight and visual clutter, and pose other
problems that legitimately call for regulation.
2. Purpose. The purpose of this Sign Ordinance is to regulate the
size, illumination, movement or appearance of movement,
materials, location, height, and condition of all signs, as defined
herein, and to allow and promote sign communication in a
manner that:
a. Preserves and protects public health, safety, and welfare
within the Town of Fountain Hills;
b. Assures the use of a variety of sign forms designed to be
sensitive to the context of the location, as a reasonable
method of visual communication between groups and
individuals;
C. Enhances the flow of traffic and the convenience, ease,
and enjoyment of travel within the Town of Fountain Hills;
d. Restricts circumstances that otherwise may result in injury
or damage because of distractions, or obstructions of
vision attributable to sign placement or size, or to the
illumination of signs that may become a source of undue
glare, distraction, or light pollution;
e. Avoids visual clutter that may contribute to traffic
accidents or be harmful to vehicular traffic or pedestrian
safety;
f. Promotes the aesthetic and environmental values of the
community by providing for signs that do not impair dark
skies, property values, business opportunities, community
appearance, or the attractiveness of the Town as a place
to visit, live, work, and shop;
g. Allows signs that are appropriate in scale to the zoning
district in which they are located;
h. Provides for signs as an effective channel of
communication, while ensuring that sign forms are
aesthetically designed and proportioned in relation to
Draft Sign Ordinance April 21, 2020
3
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 Sign Ordinance. All signs as defined in this Sign
Ordinance are subject to the provisions of this Sign Ordinance as
it pertains to:
a. The allowance of signs (principally the number, form,
material, size, and structure of signs);
b. The review and consideration of sign plans and permits;
C. The entitlement and issuance of permits;
d. The location and placement of signs on all buildings,
structures, and land;
e. The integration of the design of signs with associated
building architecture; and,
f. The maintenance of signs.
2. The provisions of this Sign Ordinance do not apply to the
following:
a. Address numbers as required by the Fire Code;
b. Government signs;
C. Traffic control signs, markings, devices;
d. Signs authorized or required by Arizona Revised Statutes;
e. Public transportation signs; and,
f. Signs specified as mandatory by any provision of the
Fountain Hills Town Code.
3. Most Restrictive Provision Applies. Except when otherwise
authorized by a Special Use Permit, Temporary Use Permit, or
Variance, the most restrictive provision shall prevail in cases in
which two or more provisions of this Sign Ordinance appear to
conflict.
4. Controlling Document. This Sign Ordinance is not intended to
repeal, abrogate, annul, or in any way impair or interfere with
other Town provisions, allowances, or ordinances, except those
specifically repealed by this Sign Ordinance. Where this Sign
Ordinance imposes a greater restriction on a sign than is
imposed or required by other Fountain Hills Town Codes,
provisions, allowances, or ordinances, the provisions of this Sign
Ordinance control.
5. Definitions Used. Definitions for specific terms used in this Sign
Ordinance are principally found in Section 6.02 of this Sign
Ordinance. Additional definitions are also provided in Chapter 1
Draft Sign Ordinance April 21, 2020
11
of the Zoning Ordinance and in the Fountain Hills Town Code.
Definitions not included in this Sign Ordinance, the Zoning
Ordinance, or the Town Code should be given their plain and
ordinary meaning where possible.
6. Effect on Previously Approved Sign Permits and Comprehensive
Sign Plans. All sign permits and comprehensive sign plans
approved and in effect prior to the effective date of this Sign
Ordinance shall remain in effect. Signs authorized by such
comprehensive sign plans shall be developed in accordance with
the standards specified by that sign plan and any applicable
conditions or stipulations associated with the approval of that
sign plan. The development standards and requirements of this
Sign Ordinance apply if not specifically modified by the
applicable adopted sign plan. The Zoning Administrator may
approve minor modifications to approved plans regarding design,
height, number, or sign area that do not exceed the
maximum(s) allowed by this Sign Ordinance.
C. Repeal and Severability
1. If any section, subsection, paragraph, sentence, clause, or
phrase of this Sign Ordinance is for any reason held to be invalid
or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Sign Ordinance. The Town of Fountain
Hills hereby declares that it would have passed this Sign
Ordinance, and each section, subsection, sentence, clause, and
phrase thereof, regardless whether any or one or more sections,
subsections, sentences, clauses, or phrases be declared invalid
or unconstitutional.
2. Effect on Previous Proceedings. Nothing contained in this Sign
Ordinance affects rights and duties that matured, penalties that
were incurred, and proceedings that began before its effective
date, notwithstanding the provisions of subsection C. 1. of this
Section.
D. Consent of Property Owner Required. Unless otherwise permitted, no
person shall construct, place, display, or maintain any sign without the
written consent of the property owner, the property owner's agent, or
an authorized representative.
E. Noncommercial Message Substitutions Allowed. Notwithstanding any
other provisions of this Sign Ordinance to the contrary, any
noncommercial message may be substituted for the message placed
on any sign permitted by this Sign Ordinance.
Draft Sign Ordinance April 21, 2020
5
F. Responsible Party
1. Posting Sign. The person, group, or organization directing the
posting, installation, or erection of a sign is responsible for
assuring the compliance of the sign with the requirements of this
Sign Ordinance. This includes the placement, removal,
maintenance, replacement, or alteration of the sign, as may be
applicable.
2. Owner or Occupant. If the person directing the posting,
installation, or erection of the sign does not remove, maintain,
replace, or alter the sign in accordance with the requirements of
this Sign Ordinance, then the property owner or occupant of the
building where the sign is posted is responsible for either
replacing the sign with a sign that complies with this Sign
Ordinance or removing the sign.
Section 6.02 Definitions
A -frame or T-frame: A self-supporting, temporary, lightweight, portable
sign made of durable, non -pliant material such as wood, sheet metal, plastic
or other lightweight, rigid material that is designed to rest atop the ground
without penetrating the ground.
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Awning or Canopy: A permanent sign that is applied to, placed on, affixed
to, or painted on an awning or canopy.
Balloon: A temporary sign professionally made from a bag or similar
flexible, non -rigid enclosure that holds gas or air and is attached by a tether
to a fixed place.
Draft Sign Ordinance April 21, 2020
Banner Sign: A temporary sign made of canvas, plastic, vinyl, or other
pliable material attached to a wall, frame, stakes, or other support structure.
SIGNS AND $ANNE�S
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Building wall sign: A permanent sign mounted flat against or painted on the
wall of a building with the exposed face of the sign in a plain parallel to the
face of the wall.
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Drive -through Sign: A permanent, freestanding sign adjacent to a drive -
through, typically placed in or near an area where orders are taken from
occupants of a vehicle.
Draft Sign Ordinance April 21, 2020
7
Electronic Message Centers: A permanent sign that is capable of displaying
alternating, variable, or changeable copy that is electronically changed by
remote or automatic means.
Feather or Flag Banner: A temporary sign made of fabric or vinyl attached
to a pole on one side.
r
Flag: A fabric sheet of square, rectangular, or triangular shape that is
mounted by a cable or rope to a pole at one end.
Draft Sign Ordinance April 21, 2020
n.
Freestanding Wall/Fence Sign: A permanent sign that is applied to, placed
on, affixed to, or painted on a wall or fence that is not part of the building(s)
on the property.
Hanging or Under -Canopy Sign: A permanent sign suspended from and
located entirely under a covered porch, covered walkway, awning, or
canopy.
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Monument Sign: A permanent sign mounted on or incorporated into a solid,
self-supporting base that is not part of a building or wall.
®■
Off -site Sign: A sign portraying information or directing attention to a
business, activity, commodity, service, product, or event that is not
conducted, sold, or offered on the premises upon which the sign is located.
Includes signs commonly referred to as "Billboards."
Draft Sign Ordinance April 21, 2020
I
On -site Directional
or drive aisle.
A small permanent sign located adjacent to a driveway
Post and Board Sign: A temporary sign constructed of plywood, sheet
metal, thick plastic, or similar material attached to one or two posts fixed in
the ground.
Permanent Sign: A sign made of durable material that is intended to be and
is constructed in a manner that is permanent. Such a sign may be either
attached or anchored to a building or wall or have its own foundation and
structural supports. When detached from a building, permanent sign
structures are constructed of durable materials such as brick, stone, metal,
concrete, or related materials.
Projecting Sign: A permanent sign attached to a building in a manner such
that its face is not parallel to the building to which it is attached.
X
a
N
Residential Directional Sign: A -frame, T-frame, or yard signs used to direct
traffic to a home. Residential directional signs are portable, temporary signs
Draft Sign Ordinance April 21, 2020
10
that are placed on the ground or may be implanted into the ground without
the use of any tools or equipment and can easily be picked up and carried by
one person.
ESTATE
Real Estate
Roof Sign: A sign affixed on, above, or over the roof of a building so that it
projects above the roofline. The top of a parapet wall shall be considered the
roofline. The highest point of a mansard roof shall be considered the
roofline. Where a parapet wall is combined with a mansard roof, the roofline
shall be the top of the parapet.
Sign: Any device placed to attract attention by providing identification,
advertising or directional information for a business, service, product,
person, organization, place, or building when the display of this device is
visible beyond the boundaries of the public or private property upon which
the display is made. Included in this definition are graphic devices such as
logos and attention -attracting items such as banners or logo sculptures.
Sign Copy: The letters, numerals, figures, symbols, illustrations, logos, and
graphic characters used to make up the sign message.
Temporary Sign: A sign constructed of fabric, canvas, vinyl, foam -core,
plywood, sheet metal, plastic, or other lightweight material that is neither
permanently installed in the ground nor permanently affixed to a building or
structure and that is intended to serve a short-term or temporary condition.
Temporary signs include signs resting atop the ground, or affixed to the
ground by a temporary anchoring system, including, but not limited to,
stakes, ballasts, or by being embedded in the ground (for large temporary
signs).
Vehicle Sign: A sign painted, attached, or affixed to a trailer, watercraft,
truck, automobile, or other form of motor vehicle.
Draft Sign Ordinance April 21, 2020
11
Window Sign: Any poster, cut-out letters, painted text or graphics, or other
text or visual presentation affixed to, or located within six (6) feet behind a
window pane and placed to be read from the exterior of a building. Such
signs may be permanent or temporary.
Yard Sign: An easily portable temporary sign up to six (6) square feet in size
that can be implanted in the ground without use of tools.
AW ..
ESTATE
SALE
Section 6.03 Building Permits; Fees
A. Except as provided herein, it shall be unlawful to erect, install and/or
modify any permanent sign within the Town without first applying for
and obtaining a building permit from the Development Services
Department. "Modify," as it is used herein, shall mean any change to:
1. The size or shape of an existing sign;
2. Electrical components;
Draft Sign Ordinance April 21, 2020
12
3. Design; and/or,
4. Supporting structures.
B. A building permit shall not be required for the following activities or
types of signs, provided, however, that such signs shall be subject to
any and all applicable provisions of this ordinance, including Zoning
Administrator approval when required:
1. Street address numbers.
2. Any sign four (4) square feet or less in area not otherwise
prohibited by this ordinance.
3. Repainting.
4. Minor, nonstructural repairs to signs or sign supports.
5. Temporary signs.
6. Window signs.
7. Changes to a sign panel or copy on an existing sign.
C. Failure to conform to the conditions of a building permit, including any
conditions and/or stipulations attached thereto by the Town Council
and/or Board of Adjustment, shall render such permit void.
D. Fees for building permits shall be required and payable in such sums
as the Town Council may from time to time establish as part of the
Town's annual budget or by separate resolution.
E. A building permit for a sign does not include electrical work (a
separate building permit application is needed for electrical work);
however, this exemption shall not be deemed to grant authorization
for any work to be done in violation of the provisions of the Fountain
Hills Town Code or any other laws or ordinances.
F. Building permit applications for signs shall include sufficient
information regarding the size of the property, the building, and the
tenant occupancy; the dimensions and size of each sign; sign height
and location; lighting, including information needed to determine
compliance with Chapter 8, Outdoor Lighting Control, of the Zoning
Ordinance; materials used; and, other pertinent information as needed
to evaluate the proposed sign for compliance with this ordinance.
Section 6.04 Violations and Penalty
A. Any of the following shall be a violation of this Sign Ordinance and
shall be subject to the enforcement remedies and penalties provided
by the Town of Fountain Hills Zoning Ordinance, and by state law, as
applicable:
Draft Sign Ordinance April 21, 2020
13
1. To install, create, erect or maintain any sign in a way that is
inconsistent with any plan or permit governing such sign or the
zone within which the sign is located.
2. To install, create, erect or maintain any sign requiring a permit
without such a permit.
3. To fail to remove any sign that is installed, created, erected or
maintained in violation of this ordinance, or for which the
building permit has lapsed.
B. If any such violation is continued, then each day of a continued
violation shall be considered a separate violation when applying the
penalty provisions set forth below.
C. The violations set forth in Section 6.04 are declared to be civil in
nature. The responsible parties for enforcement purposes are:
1. The owner or operator of the business identified on the sign, and
2. The owner of the property to which the sign is directing
pedestrian or vehicular traffic.
D. Enforcement of violations of this chapter shall be made through the
use of the civil citation process set forth in Subsection 1-8-3 of the
Town Code. Fines may be assessed according to the following
schedule:
1. First offense, fine not to exceed $50.00 and confiscation of
sign(s).
2. Second offense within twelve (12) calendar months of first
offense, fine not to exceed $100.00 and confiscation of sign(s).
3. All subsequent violations within twelve (12) calendar months of
the first offense, fine not to exceed $250.00 and confiscation of
sign(s).
Section 6.05 Enforcement and Remedies
A. Any violation or attempted violation of this ordinance or of any
condition or requirement adopted pursuant hereto may be restrained,
corrected or abated, as the case may be, by injunction or other
appropriate proceedings pursuant to state law. A violation of this
chapter shall be considered a violation of the Zoning Ordinance. The
remedies of the Town shall include, but are not limited to the
following:
1. Issuing a civil citation for the violation;
2. Issuing a stop -work order for any and all work on any signs on
the same lot;
3. Confiscation of sign(s);
Draft Sign Ordinance April 21, 2020
14
4. Seeking an injunction or other order of restraint or abatement
that requires the removal of the sign(s) or the correction of the
nonconformity;
5. Imposing any penalties that can be imposed directly by the Town
under the Zoning Ordinance;
6. Seeking in court the imposition of any penalties that can be
imposed by such court under the Zoning Ordinance; and
7. In the case of a sign that poses an immediate danger to the
public health or safety, the Town may take such measures as are
available under the applicable provisions of the Zoning
Ordinance and Building Code for such circumstances.
8. The Town shall have such other remedies as are and as may
from time to time be provided for or allowed by state law for the
violation of the Zoning Ordinance.
B. All such remedies provided herein shall be cumulative. To the extent
that state law may limit the availability of a particular remedy set forth
herein for a certain violation or a part thereof, such remedy shall
remain available for other violations or other parts of the same
violation.
Section 6.06 Sign Plans
Sign plans may be used to establish unique signage criteria to a given
property or for a combination of properties that function as an integrated
commercial complex.
A. Purpose. The purpose of a sign plan is to:
1. Allow for unique sign design based on the unique or unusual
physical characteristics of a given property;
2. Provide the opportunity to adjust the balance of attached and
detached sign allowances;
3. Encourage unified signage in commercial and industrial
complexes; and,
4. Encourage creative design of signs.
B. Application Requirements.
1. A written request signed by the property owner(s) and payment
of the required fee.
2. A written project narrative describing the proposed sign plan
with any deviations from current code requirements being
requested.
3. Graphic illustrations depicting, at a minimum:
a. Proposed sign locations and sizes;
b. The proposed signs include sign base/structure for
detached signs;
C. Type of illumination; and,
d. Color and material boards for signs and sign structures.
Draft Sign Ordinance April 21, 2020
15
C. Review Criteria and Sign Design.
1. Review Criteria. The Zoning Administrator may approve a sign
plan containing elements that exceed by up to ten (10) percent
the permitted height and area of signs as specified in this Sign
Ordinance if the sign plan conforms with at least one of the
following criteria:
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.
Draft Sign Ordinance April 21, 2020
16
Section 6.07 General Regulations
A. Maintenance
1. Any sign hereafter erected or maintained shall maintain
conformance to the provisions of this ordinance and the
provisions of Town Code.
2. Every sign permitted by this ordinance must be kept in good
condition and repair.
3. When any sign becomes in danger of falling, or is otherwise
deemed unsafe by the Town's Chief Building Official, or if any
sign shall be unlawfully installed erected or maintained in
violation of any of the provisions of this ordinance, the property
owner, or the person or firm using the sign, shall, upon written
notice by the Chief Building Official, or immediately in the case
of immediate danger, and in any case within not more than ten
(10) days after notice:
a. Make such sign conform to the provisions of this
ordinance; or
b. Remove the sign.
4. If, within ten (10) days, the order is not complied with, the Chief
Building Official may remove the sign or cause the sign to be
removed at the expense of the property owner and/or user of
the sign.
B. Sign Location, Prohibited Locations.
1. Except as specifically provided for in Section 6.08 for some
temporary signs, signs shall be placed on the property for which
the business, activity, commodity, service, product, or event is
conducted, sold, or offered.
a. In the case of condominium developments, the common
area can be used for signage for any occupancy within the
condominium.
b. As provided in Section 6.06 commercial and industrial
developments that have multiple properties that utilize a
common access and parking field may utilize a sign plan to
allow for common street frontage monument signs that
provide signage for individual businesses in the
development but not on the same property as the sign.
2. Prohibited Locations. Signs are prohibited in the following
locations:
a. Within, on, or projecting over the right-of-way, including
within center medians, unless specifically provided for in
this Sign Ordinance.
b. On public property, unless otherwise permitted by this
Sign Ordinance.
Draft Sign Ordinance April 21, 2020
17
C. Placed in a manner that interferes with pedestrian
movement or obstructs ADA access.
d. Placed in a manner that obstructs the visibility of any
authorized traffic sign, traffic signal, or another traffic
control device.
e. Placed in a manner that blocks the vehicular line of sight at
a street intersection, or the intersection of a street and
driveway.
f. Affixed to fuel tanks, storage containers, or solid waste
receptacles, except signs related to the manufacturer's or
installer's identification, warning signs, and placards, and
information otherwise required by law.
g. Tacked, painted, burned, cut, pasted, or otherwise affixed
to trees, shrubs, posts, ladders, benches, or similar
supports if visible from across a property boundary or from
the right-of-way.
h. Placed in a manner that obstructs ADA access or prevents
ingress or egress from any window or door, or other
access -way required by the Building Code or Fire Code as
adopted by the Town of Fountain Hills.
i. Covers the architectural features of a building such as
dormers, insignias, pilasters, soffits, transoms, trims, or
similar architectural elements or devices.
j. Placed on the roof of a building or extends higher than the
highest point of the portion of the building to which the
sign is attached.
k. Attached to a standpipe, gutter, drain, or fire escape, or
placed in a manner that impairs roof access.
I. 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.
In. Temporary signs within the Shea Boulevard right-of-way,
except post and board signs.
C. Non -Conforming Signs.
1. Any sign legally existing at the time of the passage of this Sign
Ordinance that, due to changes in this Sign Ordinance, no longer
conforms in use, location, height or size with the regulations of
this Sign Ordinance, shall be considered a legal non -conforming
use and may continue in use until such time as it is removed or
abandoned for a period of six or more continuous months.
Except as otherwise set forth in subsections 6.07 C. 2. and 3.
below, any change in the sign, including a 50% or more change
Draft Sign Ordinance April 21, 2020
lK
of sign copy, shall be considered an abandonment and the legal
non -conforming status of the sign shall become void.
2. Whenever the name of a business or other sign text changes,
any legal non -conforming signs associated with the business
shall be modified to bring them into conformance with this Sign
Ordinance, even though the change is a change of sign copy
only. This paragraph shall not apply to signs designed with
interchangeable letters or panels or to the text area of a
monument sign.
3. Legal non -conforming freestanding signs, sign structures, poles
and other related equipment that have been abandoned or not in
use for more than six months shall be removed and the building,
land or site restored to its original state.
D. Standards of Measurement
1. Sign Area Measurement. Sign area for all sign types is
measured as follows:
a. For sign copy mounted or painted on a background panel
or area distinctively painted, textured or constructed, the
sign area is the area within the outside dimensions of the
background panel or surface.
Example Sign Copy Area
II-
=E_I
BURGER
b. For sign copy consisting of individual letters and/or
graphics affixed to a wall or portion of a building that has
not been painted, textured, or otherwise altered to provide
a distinctive background for the sign copy, the sign area is
the area within the sum of the one (1) or two (2) smallest
tangent rectangle(s) or other standard geometric shapes
(e.g.: circle, triangle, regular ellipse, regular rhombus, or
regular parallelogram), or combination of rectangles and
standard regular geometric shapes that will enclose both
the sign copy and background. When two (2) shapes are
used, the shapes must include at least one (1) point of
common tangency between the two (2) shapes.
Draft Sign Ordinance April 21, 2020
19
Example Sign Area
Y, � � X,
�r
� : Y2
3i9n_odl-
x2
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
a
d. Multi -faced signs:
i. One face - The sign area is the area of the single
face only.
ii. Two faces - If the interior angle between the two
sign faces is forty-five (45) degrees or less, the sign
area is the area of one face only; if the angle
between the sign faces exceeds forty-five (45)
degrees, the sign area is the sum of the areas of the
two faces.
iii. Three or more faces - The sign area is the sum of
areas of the all the sign faces.
Draft Sign Ordinance April 21, 2020
20
2
Example Sign Face Area
Greater
Ihan 45°
�®O
6Ria fa�l��
2 faces
Up to 45°
fl&2
1 face
iv. Three dimensional, sculptural or other non -planar
signs - the sign area will be the sum of the areas of
the vertical faces of the smallest polyhedron that will
encompass the sign structure.
Example Dimensional Sign Area
GO
5 ti� I
� I
�-w I
I i
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
Draft Sign Ordinance April 21, 2020
21
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
Midpoint of 9gn
Midpoint of 9gn
CIE ICsI-4T
Finished floor beneath midpoint of Sign
E. Prohibited Signs. Signs not specifically authorized herein are
prohibited, including, but not limited to the following:
1. Neon signs, except as permitted in subsection 6.08 B.
2. Any sign emitting sound.
3. Any animated or moving sign, including televisions or signs with
streaming video.
4. Mobile signs, except for sign walkers or as otherwise specifically
permitted.
5. Billboards.
6. Non -electrically illuminated signs.
7. Any non-public signs in public right-of-way or on public property,
except as otherwise specifically permitted.
8. All off -site signs, except as specifically permitted.
9. All banners, pennants, streamers, feather signs, balloons, flags,
searchlights, strobe lights, beacons, inflatable signs, except as
specifically defined and permitted.
10. Any sign imitating an official traffic control sign and any sign or
device obscuring one or more traffic control signs or devices.
Any sign which is structurally unsafe, unsafely installed, or
otherwise hazardous to physical safety.
11. Signs not authorized by the property owner, except as
specifically permitted.
F. Illumination.
1. Temporary signs shall not be illuminated.
2. Sign illumination, where allowed, shall be in conformance with
provisions of Chapter 8, Outdoor Lighting Control, of the Zoning
Ordinance.
Draft Sign Ordinance April 21, 2020
22
3. When externally illuminated, the source of a sign's illumination
shall not be visible from any adjacent residential streets or
neighborhoods.
4. No illuminated sign shall be placed or constructed on a vacant or
undeveloped lot or parcel.
5. The following types of illumination are prohibited:
a. Flashing, blinking, or rotating lights;
b. Metal halide lighting;
C. High- or low-pressure sodium light bulbs; and,
d. Mercury vapor light sources.
6. See Section 6.08 C. for luminance standards for electronic
message centers.
G. Design Guidelines and Standards for Signs and Sign Structures
1. Permanent signs and sign structures should:
a. Be designed to be attractive and artistic;
b. Incorporate design features associated with the buildings
or structures, and should constitute an architectural
component of the overall development that is compatible
with, and not incongruous to, the architectural style and
character of the development of the property associated
with the sign; and,
C. Utilize materials and design themes consistent with the
architectural design theme of the development, as
expressed by the building architecture, landscaping, and
overall site development.
2. Permanent signs and sign structures:
a. Shall be mounted so that the attachment device is not
visible.
b. Letters attached or anchored to the face of an exposed
standard raceway should be architecturally designed and
integrated into the building.
C. Raceways shall either:
i. Be finished to match the color of the building
adjacent to the raceway and design elements of the
building, or
ii. When a raceway is provided as an architectural
enhancement to the building elevation, the raceway
must be in a contrasting color and material.
3. Temporary signs shall be made of durable materials and properly
maintained in good repair.
Draft Sign Ordinance April 21, 2020
23
Section 6.08 Sign Requirements and Allowances
A. Sign Types.
The following sign types are allowed in Fountain Hills.
1. A -frame and T-frame signs.
a.
Zoning/Use:
i.
Single-family and multi -family residential zoning
districts only when in compliance with Section 6.08
D.
ii.
Commercial or industrial zoning districts; and,
iii.
PAD's with commercial or industrial uses.
b.
Size/Height: Maximum sign area is six (6) square feet.
Maximum sign height is three (3) feet.
C.
Number:
i.
In single-family and multi -family districts, as allowed
by Section 6.08 D.
ii.
One per business in commercial or industrial districts.
d.
Location: Shall not be used as an off -premises sign,
except when used as a Residential Directional Sign or as
provided below:
i.
On property held in common by members of a
property owner's association.
ii.
On property owned by the business owner's landlord.
iii.
Along a public street subject to:
1. Shall not be located on the paved portion of
any public street, any sidewalk, or in any
median.
2. Shall not be located within a designated
parking or loading area.
3. Shall not be located in a manner that poses a
traffic vision hazard.
4. Must be placed at least one (1) foot behind the
curb. If no curb is present, signs shall be
located at least one (1) foot from the edge of
the paved portion of the public right-of-way.
iv.
Landscaping cannot be modified or damaged to
accommodate an A -frame sign.
e.
Miscellaneous requirements:
i.
Attachments to A -frame signs are limited to not
more than four (4) balloons or flags, no more than
one (1) square foot in size, flown no higher than six
(6) feet from the ground. If attachments are used,
the A -frame sign must be set back from the curb a
minimum of three (3) feet; if no curb is present, the
A -frame sign shall be located at least three (3) feet
Draft Sign Ordinance April 21, 2020
24
from the edge of the paved portion of the public
right-of-way.
ii. Shall only be displayed between dawn and dusk.
2. Awning or Canopy Sign.
a. Zoning/Use:
i. Permitted non-residential uses in a residential zoning
district;
ii. An apartment building in a multi -family zoning
district;
iii. Commercial or industrial zoning districts; and,
iv. PAD's with similar uses.
b. Size/Height:
i. A sign placed on the side or face of an awning or
canopy may not exceed 25% of the area of the face
of the awning or canopy on which the sign is placed.
ii. A sign placed on top of a canopy may not exceed one
(1) sq. ft. of area for each linear foot of the length of
the canopy on the side containing the sign for single
occupancies and for the length of the occupancy for
multiple occupancy buildings.
C. Number: One (1) sign per occupancy.
d. Location: On an approved canopy.
e. Miscellaneous requirements:
i. When placed on top of a canopy, must consist of
individual alphanumeric characters only.
3. Balloons.
a. Zoning/Use:
i. Permitted non-residential uses in residential zoning
districts;
ii. Commercial or industrial zoning districts; and,
iii. PAD's with similar uses.
b. Size/Height: No balloon shall be bigger than twenty-four
(24) inches in diameter and can be no higher than six (6)
feet from the ground.
C. Number: N/A
d. Location:
i. When part of a business, within the area leased by
the business.
ii. When adjacent to a building, not more than four (4)
feet from the face of the building and within twenty
(20) feet of the main building entrance.
iii. When attached to an authorized temporary sign, in
locations where the temporary signs are permitted.
Draft Sign Ordinance April 21, 2020
25
iv. Shall not be displayed within the perimeter
landscape area.
V. Shall not encroach within onsite fire lanes.
vi. Shall not be attached to or hung from a tree or
shrub.
vii. Shall not be erected at the intersection of any street
or pedestrian walkway in such a manner as to
obstruct free and clear vision, or at any location
where, by its position, shape or color, it may
interfere with or obstruct the view of or be confused
with any authorized traffic signal, sign or device.
e. Miscellaneous Requirements:
i. Balloons must be tethered to a secure location that
prevents high winds from removing the balloon or
causing it to create an obstruction.
ii. May be displayed for a maximum of thirty (30) days
per calendar year. Additional days may be approved
through approval of a Temporary Use Permit.
4. Banners.
a. Zoning/Use:
i. Permitted non-residential uses in residential zoning
districts;
ii. Apartment complexes containing more than twenty
(20) units in multi -family or commercial zoning
districts;
iii. Commercial or industrial zoning districts; and,
iv. PAD's with similar uses.
b. Size/Height: Maximum sign area shall be thirty-two (32)
square feet.
C. Number: One (1) per occupancy.
d. Location:
i. Within the area owned or leased by the business or
use.
ii. Shall not be displayed in any parking space, drive
aisle or the required perimeter landscape area.
iii. Shall not encroach within onsite fire lanes.
iv. Shall not be attached to or hung from a tree or
shrub.
V. Shall not be erected at the intersection of any street
or pedestrian walkway in such a manner as to
obstruct free and clear vision, or at any location
where, by its position, shape or color, it may
interfere with or obstruct the view of or be confused
with any authorized traffic signal, sign or device.
Draft Sign Ordinance April 21, 2020
26
e. Miscellaneous Requirements:
i. Banners must be affixed to a secure location
prevents high winds from removing the banner 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.
5. Building Wall Sign.
a. Zoning/Use:
i. Permitted non-residential uses in residential zoning
districts;
ii. Apartments containing more than twenty (20) units
in multi -family or commercial zoning districts;
iii. Commercial or industrial zoning districts; and,
iv. PAD's with similar uses.
b. Size/Height:
i. One and one-half (1.5) square -foot of sign area is
allowed for each lineal foot of occupancy frontage
along a street. All occupancies with an exterior wall
are allowed a minimum of twenty-four (24) square
feet of signage. The maximum allowed sign area for
an individual sign is one hundred (100) square feet.
ii. Corner buildings may transfer up to 25% of the area
from one building frontage to the other if the angle
of the building at the corner is between forty-five
degrees (450) and ninety degrees (900). Each side
of corner buildings with building frontages less than
forty-five degrees (450) and between ninety degrees
(900) and one hundred eighty degrees (1800) shall
be considered as one frontage and my not transfer
sign area.
iii. Sign area must allow a minimum of a two (2) foot
border from the edge of the building or suite
frontage, or a minimum two (2) foot separation
between signs, whichever is greater.
C. Number: One sign for each fifty (50) feet of occupancy
per street frontage, or portion thereof.
d. Location: Shall not be located in manner that is prohibited
in Section 6.07 B. 2. h-I.
e. Miscellaneous Requirements:
i. Each wall sign may project no more than twelve (12)
inches from the surface of the wall to which is it
attached.
Draft Sign Ordinance April 21, 2020
27
ii. Reverse pan channel letters with halo illumination
must not exceed a one and three-quarter (1.75) inch
separation from the wall.
iii. In the C-2, C-3, and TCCD zoning districts, a building
wall sign may be added to a secondary entrance in
addition to total aggregate sign area if the following
criteria are met:
1. Sign area shall not exceed 25% of the primary
total aggregate sign area.
2. The secondary entrance must not be visible
from the main public entrance.
3. The secondary entrance must face a rear
parking area, common area or public use
frontage.
6. Drive -through Sign.
a. Zoning/Use: Commercial or industrial zoning districts or
PAD with similar uses.
b. Size/Height: Maximum sign area shall be twenty (20)
square feet. Maximum sign height is five (5) feet.
C. Number: Maximum of one (1) per drive -through lane.
d. Location:
i. Within five (5) feet of a drive -through lane.
ii. Cannot be readable from any public street or alley.
iii. Must be at least one hundred fifty (150) feet from
any residential zoning district or fully screened from
residential view by a masonry wall.
e. Miscellaneous Requirements:
i. Minimum of four (4) square feet of landscaping per
one (1) square foot of sign area shall be provided at
the base of the sign.
7. Flags.
a. Zoning/Use: Allowed in all zoning districts
b. Size/Height: The maximum size of a flag is sixty (60)
square feet. The maximum flagpole height is the height
allowed in the zoning district and Section 5.07 B. of the
Zoning Ordinance.
C. Number: Each flagpole may contain up to two (2) flags.
d. Location: Must be located so that if the pole should fall, it
will remain on the property containing the pole.
e. Miscellaneous Requirements:
i. Developed single-family lots may contain one
flagpole.
Draft Sign Ordinance April 21, 2020
W
ii. Model home complexes may have two (2) flagpoles
on one (1) lot and one (1) flagpole on additional lots
up to a maximum of five (5) flagpoles.
iii. All other properties may have up to two (2)
flagpoles.
iv. The length of the flag, which is the longer side of the
flag that is perpendicular to the flagpole, shall not
exceed one-third (1/3) of the in -ground pole height.
8. Freestanding Wall/Fence Sign.
a. Zoning/Use:
i. Subdivision entry feature for single-family and multi-
family developments in all residential zoning
districts;
ii. Commercial or industrial zoning districts; and,
iii. PAD's with similar uses.
b. Size/Height: Maximum sign area is twenty-four (24)
square feet. Maximum sign height is six (6) feet.
C. Number: One per development entry
d. Location: Part of or attached to a perimeter wall
surrounding a development.
e. Miscellaneous Requirements:
i. A minimum of two (2) square feet of landscape area
per one (1) square foot of sign area shall be
provided at the base of the sign.
ii. Sign area may be back -lit such that the source of
illumination is not visible; provided, however, that
back -lit, non -opaque panels are not permitted.
iii. The text area of the sign may be illuminated by fully
shielded, ground mounted directional lighting.
9. Hanging or Under -Canopy Sign.
a. Zoning/Use: Any commercial or industrial zoning district
and PAD's with similar uses.
b. Size/Height: Maximum sign width is twenty-four (24)
inches, maximum sign height is twelve (12) inches.
Minimum clearance is at least than eight (8) feet from the
bottom of the sign to the sidewalk or surface beneath the
sign.
C. Number: One (1) per occupancy
d. Location: Under an awning or canopy associated with the
business or activity.
e. Miscellaneous Requirements:
i. If located over an abutting Town right-of-way, must
obtain an encroachment permit from the Town.
10. Monument Sign.
Draft Sign Ordinance April 21, 2020
29
a. Zoning/Use:
i. Permitted non-residential uses in residential zoning
districts;
ii. Entry feature into a subdivision in single -residence
zoning districts;
iii. Apartment or condominium complex containing more
than twenty (20) dwellings in multi -family zoning
districts;
iv. Commercial or industrial zoning districts; and,
V. PAD's with similar uses.
b. Size/Heiaht:
Table 6.08 B: Size and
Height Allowances for Monument Signs
Zoning District
Maximum Size
Maximum
Single Residential
32 s . ft.
-Height
6 feet
Multi -Residential
32 s . ft.
8 feet
Commercial/Industrial
50 sq. ft. for an
individual sign.
12 feet
C. Number: One monument sign per lot or parcel for each full
three hundred (300) feet of street frontage.
d. Location:
i. Along a street frontage, but not within a public right-
of-way.
ii. Must be separated from any other monument sign on
the same property by at least one hundred fifty
(150) feet.
e. Miscellaneous Requirements:
i. A minimum of two (2) square feet of landscaping per
one (1) square foot of sign area provided at the base
of the sign.
ii. Sign may be internally illuminated.
iii. Sign area may be back -lit such that the source of
illumination is not visible; provided, however, that
back -lit, non -opaque panels are not permitted.
iv. The text area of the sign may be illuminated by fully
shielded, ground mounted directional lighting.
11. On -site Directional Sign.
a. Zoning/Uses: Commercial or industrial zoning districts and
PAD's with similar uses.
b. Size/Height: Maximum sign area is four (4) square feet.
Maximum sign height is five (5) feet.
C. Number: As needed.
Draft Sign Ordinance April 21, 2020
30
d. Location: At least twenty (20) feet from a public street
and within five (5) feet of a driveway or drive aisle.
12. Post and Board Sign.
a. Zoning/Uses: Allowed in all zoning districts.
b. Size/Height:
i. Developed properties and undeveloped properties
five (5) acres or less in size the maximum sign area
is six (6) square feet. Maximum sign height is five
(5) feet in residentially zoned property and eight (8)
feet in non -residentially zoned property.
ii. Undeveloped property more than five (5) acres in
size maximum sign area is thirty-two (32) square
feet. Maximum height is eight (8) feet.
C. Number: One (1) sign per street front.
d. Location: On private property at least six (6) feet behind
the curb or edge of pavement.
13. Projecting Sign.
a. Zoning/Uses: Commercial or industrial zoning districts and
PAD's with similar uses.
b. Size/Height: Maximum sign width is three and one-half
(3.5) feet. Maximum sign height is six (6) feet. Minimum
clearance is eight (8) feet from the bottom of the sign to
the sidewalk or surface beneath the sign.
C. Number: One per building.
d. Location: On the building outside the tenant space for
which the sign is located.
e. Miscellaneous Requirements:
i. If encroaching over an abutting Town right-of-way
line, must obtain an encroachment permit from the
Town.
14. Sign Walkers.
a. Zoning/Uses: Commercial or industrial zoning districts and
PAD's with similar uses.
b. Size/Height: Maximum sign area is five (5) square.
C. Number: One sign per business.
d. Location:
i. If located in the right-of-way, a sign walker shall be
positioned behind the curb, or, if no curb is present,
ten (10) feet behind the edge of pavement.
ii. Sign walkers shall be positioned so as to not obstruct
vehicle sight lines and road "clear zones" established
by the Town Engineer in accordance with traffic
engineering standards.
Draft Sign Ordinance April 21, 2020
31
iii. Sign walkers shall not obstruct the free movement of
pedestrians on sidewalks.
iv. Sign walkers are not allowed in the medians of public
or private streets.
e. Miscellaneous Requirements:
i. Sign walkers shall not erect or place tents,
temporary structures, umbrellas, chairs or stools
anywhere within the public right-of-way or on
adjacent property.
15. Vehicle Sign:
a. Zoning/Uses: Commercial and industrial zoning districts
and PAD's with similar uses.
b. Size/Height: N/A
C. Number: N/A
d. Location: Vehicle must be parked in an authorized location
and in a lawful manner that is not distinct or different from
the pre -determined parking area design.
e. Miscellaneous Requirements:
i. The vehicle must be operable and currently
registered per Town Code. The primary purpose of
the vehicle shall be in the operation of the business,
e.g. transporting goods or providing services, and
not displaying a sign.
ii. Business or commercial vehicles displaying signage
or advertising as a normal part of business activity
may be parked in an off-street parking space
adjacent to the business to which the vehicle relates
as far from the public right of way as possible. If the
vehicle is visible from the public right-of-way it shall
not remain in the same parking space for more than
forty-eight (48) hours.
iii. Unless otherwise permitted, signs mounted, attached
or painted on trailers, boats, motor vehicles or any
moveable object placed on premises specifically to
serve as additional signage are prohibited; they shall
not become additional, permanent freestanding
signs.
iv. No sign shall be erected or attached to any vehicle
except for signs that are magnetically attached to or
permanently painted or wrapped on the surface of a
vehicle.
16. Window Sign:
a. Zoning/Uses: Commercial or industrial zoning districts and
PAD's with similar uses.
Draft Sign Ordinance April 21, 2020
32
b. Size/Height: May not cover more than fifty (50) percent of
any window.
C. Number: N/A
d. Location: On a window or within six (6) feet behind a
window when intended to be viewed from outside the
building.
e. Miscellaneous: May use neon signs for interior window
displays in commercial and industrial districts. The total
amount of neon signage for any one business shall be six
(6) square feet. No more than two (2) neon signs shall be
allowed for any business.
17. Yard Signs.
a. Zoning: Allowed in all zoning districts.
b. Size/Height: Maximum sign area is six (6) square feet in
single-family zoning districts and eight (8) square feet in
all other zoning districts. Maximum sign height is three (3)
feet in single-family zoning districts and five (5) feet in all
other zoning districts.
C. Number: One (1) sign per lot.
d. Location: On private property at least two (2) feet behind
a public sidewalk or six feet from a curb, whichever is
greater.
B. Electronic Message Centers. Electronic message centers (EMC) are
permitted in commercial and industrial zoning districts, and for
permitted non-residential uses in residential zoning districts consistent
with the following requirements:
1. There shall be no moving or flashing green or red features that
can be mistaken as traffic control devices
2. Each message on the sign must be displayed a minimum of eight
(8) seconds.
3. EMC shall contain static messages only and shall not have
movement, or the appearance or optical illusion of movement of
any part of the sign structure, design or pictorial segment of the
sign, including movement or appearance of movement or any
illumination of the flashing, scintillating or varying of light
intensity. The transition duration shall be instantaneous, one
message will instantly transition to the next message.
4. Nighttime allowances:
a. Businesses which are closed before sunset and do not open
until after sunrise shall have EMC turned off no more than
one hour after sunset and shall not be turned on more
than one hour before sunrise.
b. Businesses which are open more than one (1) hour before
sunrise and/or one (1) hour after sunset shall be allowed
Draft Sign Ordinance April 21, 2020
33
to let the EMC may remain lit at the 40 nits level for up to
thirty (30) minutes before opening or after closing. During
these extended hours there shall be no changes to the face
or copy of the sign.
C. EMC applications for traffic and safety information shall be
exempt from the curfew hours
5. Measurement Criteria: The luminance of an electronic message
center shall be measured with a luminance meter set to measure
candelas per square meter (nits) traceable to a National Institute
for Standards and Technology (NIST) standard. A meter
measuring luminance of a field view of one-half of one degree or
less shall be used. Luminance shall be measured with the
electronic message center off and again with the electronic
message center displaying a white image for a full color capable
electronic message center, or a solid message for a single color
electronic message center. All measurements shall be taken as
close as practical to perpendicular plane of the sign at a distance
which allows the white (or solid) image to completely fill the
measurement area of the luminance meter. Five measurements
shall be recorded in different areas of the sign, if possible, and
averaged to provide the final measurement.
6. All permitted electronic message centers shall be equipped with
a sensor or other device that automatically determines the
ambient illumination and programmed to automatically dim
according to ambient light conditions, or that can be adjusted to
comply with the 40 nits maximum luminance requirement.
7. In the event of a sign is found to be out of compliance with the
luminance levels required by this ordinance, the sign shall
remain unlit until the sign is brought into compliance.
C. Temporary Sign Allowances.
1. The aggregate temporary sign allowances per occupancy are as
follows:
Table 6.08 D: Aggregate Temporary Sign Allowance by Use per Occupancy
Use
Maximum Total
Maximum
Minimum
Area for all
Number of Signs
Separation
Temporary
per Street Front
Signs
Single -Family,
12 sq. ft.
2
N/A
attached or detached
Multi -Family, Office,
32 sq. ft.
2
50-feet
Non-residential in a
single-family district
Draft Sign Ordinance April 21, 2020
34
Commercial
48 s . ft.
3
75-feet
Industrial
64 sq. ft.
2
N/A
2. Construction on Undeveloped Property. Undeveloped properties
with valid building permits may display one (1) temporary sign
not to exceed eight (8) square feet in size and a maximum
height of five (5) feet. The sign must be on the construction
site. The sign must be removed no later than the date when the
final inspection is completed.
D. Residential Directional Sign. These temporary signs are allowed
subject to the following requirements.
1. Allowed in all residential zoning districts and residential PAD's
and along streets leading to the activity regardless of zoning.
2. Each single-family lot, condominium unit, or model home may
place one (1) sign anywhere on the property. Further, each
single-family home, condominium complex, or model home
cluster may place one (1) additional sign at each turning
movement beginning at the subject property out to a major
street with a maximum of five (5) additional signs.
3. Must be placed at least one (1) foot behind the curb. If no curb
is present, signs shall be located at least one (1) foot from the
edge of the paved portion of the public right of way. Shall not
be placed on sidewalks or within the center medians that divide
portions of paved or unpaved roadways. A sign may be placed in
a median between a frontage road and the primary, parallel
street but only where the primary street intersects with another
roadway. Signs must be placed so as to not create a sight
visibility problem at the intersection.
4. Miscellaneous Requirements:
a. No such sign shall be permitted on or within 150 feet of
the curb along Shea Boulevard.
b. Signs may only be displayed between from dawn to dusk.
C. No sign may be attached to any utility pole or box, light
pole, street sign, bus shelter, or any structure within the
public right-of-way.
d. Signs shall not damage any vegetation or rest against
other objects or vegetation.
Draft Sign Ordinance April 21, 2020
Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
Page 1 of 24
Chapter 6
Sign Regulations
Section 6.01 Purpose
The regulations set forth in this Chapter are intended to encourage attractive signage for businesses and services,
optimizing the availability of information, while promoting the general welfare by creating more aesthetically
appealing community.
Section 6.02 [Reserved]
Section 6.03 Sign Permits - Fees
A. Except as provided herein, it shall be unlawful to erect, install and/or modify any sign within the Town without
first applying for and obtaining a sign permit from the Development Services Department. "Modify," as it is used
herein, shall mean any change in or to an existing sign, its face, electrical components, design and/or supporting
structures. A permit shall not be required for the following signs; provided, however, that such signs shall be
subject to any and all applicable provisions of this ordinance, including Zoning Administrator approval when
required:
1. Nameplate signs, four (4) square feet or less in area, which shall contain the name of the business and
may contain any or all of the following: street address, hours of operation and business logo.
2. Street addresses.
3. Any sign four (4) square feet or less in area not otherwise prohibited by this ordinance.
4. Repainting without changing wording, composition or colors; or minor nonstructural repairs.
5. Temporary noncommercial signs.
6. Signs not visible from off -site public or private property.
7. Holiday signs permitted by subsection 6.08(Z).
8. Garage sale signs permitted by subsection 6.08(M).
9. Political signs.
10. Window signs on the inside of a window.
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Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
Page 2 of 24
11. Signs of less than eight square feet placed on any church property or any sign relating to church
operations that is not visible from an adjacent street or property.
12. Signs placed on any school property by the Fountain Hills Unified School District.
13. A -Frame signs, subject to the provisions of subsection 6.08(B).
14. Signs that relate to a special event, except as required by subsection 6.08(U).
15. Banners, balloons and pennants, except as required by subsection 6.08(D).
16. Changes to a sign panel or copy on an existing sign.
B. Failure to conform to the conditions of a sign permit, including any conditions and/or stipulations attached
thereto by the Town Council and/or Board of Adjustment, shall render such permit void.
C. Fees for sign 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.
D. A sign permit does not include 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.
Section 6.04 Violations
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, and by state law, as applicable:
A. To install, create, erector maintain any sign in away 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 ordinance, or for
which the sign permit has lapsed.
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 in Section 6.05 below.
Section 6.05 Penalty
The violations set forth in Section 6.04 above are declared to be civil in nature. The responsible parties for
enforcement purposes are (i) the owner or operator of the business or residence identified on the sign and (ii) the
owner or occupant of the business or residence to which the sign is directing pedestrian or vehicular traffic.
The Fountain Hills Zoning Ordinance is current through Ordinance 20-22, passed October 20, 2020.
Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
Page 3 of 24
Enforcement of violations of this chapter shall be made through the use of the civil citation process set forth in
Subsection 1-8-3 of the Town Code. Fines may be assessed according to the following schedule:
A. First offense, fine not to exceed $25.00 and confiscation of sign(s).
B. Second offense within twelve (12) calendar months of first offense, fine not to exceed $50.00 and confiscation
of sign(s).
C. All subsequent violations within twelve (12) calendar months of the first offense, fine not to exceed $100.00
and confiscation of sign(s).
Section 6.06 Enforcement and Remedies
Any violation or attempted violation of this ordinance or of any condition or requirement adopted pursuant hereto
may be restrained, corrected or abated, as the case may be, by injunction or other appropriate proceedings
pursuant to state law. A violation of this chapter shall be considered a violation of the Zoning Ordinance. The
remedies of the Town shall include, but are not limited to the following:
A. Issuing a stop -work order for any and all work on any signs on the same lot;
B. Confiscation of sign(s);
C. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the
correction of the nonconformity;
D. Imposing any penalties that can be imposed directly by the Town under the Zoning Ordinance;
E. Seeking in court the imposition of any penalties that can be imposed by such court under the Zoning
Ordinance; and
F. 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.
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.
All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a
particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for
other violations or other parts of the same violation.
Section 6.07 General Regulations
A. Any sign hereafter erected or maintained shall maintain conformance to the provisions of this ordinance and
the provisions of the Town Code.
The Fountain Hills Zoning Ordinance is current through Ordinance 20-22, passed October 20, 2020.
Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
Page 4 of 24
B. No sign, other than an official traffic signor similar sign, shall be erected within the lines of any street or
public right-of-way unless (1) specifically authorized herein; (2) authorized by other Town ordinances or
regulations; or (3) permitted by special Town authorization.
C. No sign, including a temporary sign or sign structure, shall be erected or placed: (1) in a manner that would
obscure vehicular visibility; or (2) at any location where by its position, the shape or color of the sign may interfere
with or obstruct the view of, or be confused with, any authorized traffic sign, signal or device.
D. Every sign permitted by this ordinance must be kept in good condition and repair. When any sign becomes in
danger of falling, or is otherwise deemed unsafe by the Town's Chief Building Official, or if any sign shall be
unlawfully installed, erected or maintained in violation of any of the provisions of this ordinance, the owner
thereof, 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: (1)
make such sign conform to the provisions of this ordinance; or (2) remove the sign. If, within ten (10) days, the
order is not complied with, the Chief Building Official may remove or cause such sign to be removed at the
expense of the owner and/or user of the sign.
E. Legal nonconforming signs.
1. Any sign legally existing at the time of the passage of 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 it is abandoned for a period of
six or more continuous months. Except as otherwise set forth in paragraphs 6.07(E)(2) and (3) below, any
change in the sign, including a 50% or more change of sign copy, shall be considered an abandonment and
the legal nonconforming status of the sign shall become void.
2. Whenever the name of a business or other sign text changes, any legal nonconforming signs on the
premises shall be modified to bring them into conformance with this Chapter, even though the change is a
change of sign copy only. This paragraph shall not apply to directory 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.
F. Unless otherwise specifically permitted pursuant to this Chapter, each sign must be located on the lot for
which it advertises, informs or otherwise attracts attention.
G. Sign area is the sum of the areas of all permitted signs, except directional signs, street addresses or safety
signs (e.g., stop engine, no smoking). Sign area shall be measured as follows:
1. 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
The Fountain Hills Zoning Ordinance is current through Ordinance 20-22, passed October 20, 2020.
Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
Page 5 of 24
2. 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 or more shapes are used, the shapes must include at least one point of common
tangency between the two shapes.
Example Sign Area
Y,�r �X,
�YZ
319n_�od
Xz
3. 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
The Fountain Hills Zoning Ordinance is current through Ordinance 20-22, passed October 20, 2020.
Chapter 6 Sign Regulations i Fountain Hills Zoning Ordinance
Page 6 of 24
4. Number of sign faces:
One - Area of the single face only.
Two - 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.
Three or more - For any sign containing three or more faces, the sign area shall be measured as the sum of
areas of the all the sign faces.
Example Sign Face Area
Greater
1h n
fares
Three dimensional, sculptural or other nonplanar signs - 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
i
V
5. For signs having more than one component (e.g., a service station identification/price sign combination
mounted on a common base), the sign area is the area of the rectangle enclosing all components of the sign.
Example Fuel Price Sign Area
The Fountain Hills Zoning Ordinance is current through Ordinance 20-22, passed October 20, 2020.
Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
Page 7 of 24
1.7
a1JIDt4�
Rw
GAS MW
559 IaE1GwT
Sign height is defined as follows:
1. Freestanding Sign: Sign height is the distance from the top of the sign structure, 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
�i T
Ur
2. 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
Midpoint of 9gn
laI
FFi
VII
t }I
Midpair
FhO' ed floor benec ih rnkipoiM of Sig, .
Signs not specifically authorized herein are prohibited, including, but not limited to the following:
1. Neon signs, except as permitted in subsection 6.08(P).
2. Roof signs, or signs that project above the highest point of the roofline, parapet, or fascia of the building.
The Fountain Hills Zoning Ordinance is current through Ordinance 20-22, passed October 20, 2020.
Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
Page 8 of 24
3. Any sign emitting sound.
4. Any animated or moving sign, including televisions or signs with streaming video.
5. Portable or mobile signs, except for sign walkers or as otherwise specifically permitted.
6. Billboard signs.
7. Nonelectrically illuminated signs.
8. Any nonpublic signs in public right-of-way or on public property, except as otherwise specifically
permitted.
9. All off -premise signs, except as otherwise allowed.
10. All banners, pennants, streamers, balloons, flags, searchlights, strobe lights, beacons, inflatable signs,
except as specifically provided for in paragraph 6.08(D) below.
11. Any sign imitating an official traffic control sign and any sign or device obscuring such traffic control signs
or devices.
12. Temporary or portable signs within the Shea Boulevard right-of-way.
13. A -frame signs, except as provided in subsections 6.08(B), 6.08(M) and 6.08(Q).
J. The source of a sign's illumination shall not be visible from any adjacent residential streets or neighborhoods.
K. No sign shall be erected or placed within any center median or any public sidewalk or bicycle path. The Town
employees may remove any sign located in these areas. Directional signs owned by the Town shall be exempt
from the regulations set forth in this Chapter.
L. [Reserved].
M. Signs mounted, attached or painted on trailers, boats or vehicles shall be subject to the following:
1. 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; provided,
however, such off street parking space shall not be located immediately adjacent to a street frontage, except
as permitted in paragraph 6.07(M)(2) below. Vehicles that are visible from the public right-of-way shall not
remain in the same parking space for more than forty-eight (48) consecutive hours.
2. One business or commercial vehicle of less than three and one half (3.5) tons gross vehicle weight and
displaying up to twelve (12) square feet of signage may be parked in an off-street parking space near the
business to which the vehicle relates and immediately adjacent to a street frontage. Portable signs shall not be
displayed on or in the vehicle. Said vehicle shall not remain in the same parking space for more than forty-
eight (48) consecutive hours.
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Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
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3. Trailers, boats or trucks larger than three and one half (3.5) tons, displaying signage or advertising may
not be parked within any commercially zoned area within the Town that is visible from any public street
except while making deliveries or providing services to a business within such commercially zoned area.
4. One business or commercial vehicle smaller than three and one half (3.5) tons displaying signage or
advertising as a normal part of business activity may be parked in an off-street parking space within a
residential zone at the residence of the owner or lessee of such vehicle unless otherwise prohibited by
subsections 7.02(G) & (H) and 5.14(F) of this Zoning Ordinance.
5. Unless specifically permitted in subsections 6.07(M)(1) - (M)(4) above, signs mounted, attached or painted
on trailers, boats, motor vehicles or any moveable object placed on premises to serve as additional advertising
signage are prohibited.
N. Total aggregate sign area may be increased up to 25%, provided the additional area is used to display a Town -
provided logo or symbol. (20-22, Amended, 10/20/2020)
Section 6.08 Signs Allowed or Required
Legend: Letters A - BB indicate the following subsection with additional requirements or clarification of the signs
listed in the table below. N/A means not allowed.
Zoning District
Commercial
Residential/Open
Space Recreation
Industrial
Lodging
Total Aggregate Sign Area
A
N/A
A
A
A -Frame Sign
B
N/A
B
B
Awning/Canopy Sign
C
C
C
C
Civic Organization Identification
E
E
E
E
Comprehensive Sign Plans
Z
N/A
Z
Z
Contractor Signs
F
F
F
F
Directory Signs
G
G
G
G
Electronic Message Center
CC
*
CC
N/A
Event Banners, Balloons and Pennants
D
*
D
D
Flag
I
I
I
I
Freestanding Signs
J
N/A
J
J
Fuel Price Signs
K
N/A
N/A
N/A
Future Development Signs
L
L
L
L
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Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
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Zoning District
Commercial
Residential/Open
Space Recreation
Industrial
Lodging
Garage Sale Signs
M
M
M
M
Menu Board
N
N/A
N/A
N/A
Multi -Tenant Building Identification
Signs
O
N/A
O
O
Neon Signs
P
N/A
P
P
Open House Directional Signs
Q
Q
Q
N/A
Political and Ideological Signs
R
R
R
R
Projecting Signs
S
N/A
S
S
Real Estate Signs
T
T
T
T
Shared Monument Signs
J
N/A
J
J
Sign Walkers
BB
N/A
N/A
N/A
Special Event Signage
U
U
U
U
Street Addresses
AA
AA
AA
AA
Subdivision Identification Signs
J
J
J
J
Under -Canopy Signs
V
N/A
V
V
Wall Signs
W
N/A
W
W
Window Signs
X
N/A
X
X
Window Decorations/Painting (Holiday
Theme)
Y
Y
Y
Y
* Specific Regulations Apply
A. 'Total Aggregate Sign Area" is the sum of the total allowable sign area for an entire site with the following
restrictions. As used herein, "Site," within commercially or industrially zoned area shall mean the building area
leased or owned by or on behalf of any business together with its adjacent privately owned walkway or parking
area.
1. Frontage is determined by the measurement of the portion of the building facing the street. Corner
buildings may include two street frontages if the frontages are joined at an angle between forty-five (45) and
ninety (90) degrees. Building frontages that contain angles of less than forty-five (45) degrees or between
ninety (90) and one hundred eighty (180) degrees shall be considered to be one frontage. Multi -story building
lineal footage is limited to the ground floor lineal footage measurement except as modified by subsection
6.08(A)(5) below.
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2. In all commercial and industrial zoning districts, the total aggregate sign area allocable to any ground
floor business having an external business entrance shall not exceed the greater of fifty (50) square feet or
two (2) square feet per lineal foot of building frontage, but in no case more than one hundred (100) square
feet.
3. In all commercial and industrial zoning districts, any licensed business located above the ground floor in a
multi -story building having an external building wall facing a public street shall be permitted exterior signage
with a total aggregate sign area not to exceed fifty (50) square feet. A business occupying more than one floor
is only allowed a sign on one floor.
4. Businesses within any commercial or industrial zoning district having only an internal business entrance
and no external wall facing a public street or public access driveway shall be limited to business identification
signage on a common directory sign as shown on a comprehensive sign plan, as set forth in subsection
6.08(BB) unless otherwise approved by the Zoning Administrator or an authorized designee.
5. Ground floor businesses having building frontage greater than one hundred (100) feet in length may
increase their allowed sign area by 0.5 square feet per one (1) lineal foot of building frontage in excess of one
hundred (100) feet. Such additional sign area shall be for the exclusive use of said business and not
transferable or reallocable to other businesses on the site.
B. A -Frame Signs are allowed as follows:
1. Only businesses that are physically located within Town commercial or industrial zoning districts or
churches in residential zoning districts may display A -frame signs.
2. Businesses or churches permitted to display A -frame signs may display a maximum of one such sign per
street frontage. Such signs shall be located in the manner required in paragraph 6.08(B)(3) below, either on
the same property as the business or church, or on property immediately adjacent to the business or church
building as follows:
a. On property held in common by members of a property owners' association.
b. On property owned by the business owner's landlord.
c. Public street, subject to the limitations of 6.08(B)(3) below.
3. Location of A -frame signs shall be restricted as follows:
a. Such signs shall not be located on the paved portion of any public street, any sidewalk, or any
median.
b. Such signs shall not be located within a designated parking or loading area.
c. Signs shall not be located in a manner that poses a traffic vision hazard. Signs may not be located
within the sight triangle as defined in the Town of Fountain Hills Subdivision Ordinance Section III, Exhibit
16.
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d. A -Frame signs must be placed at least one (1) foot behind the curb. If no curb is present, signs shall
be located at least one (1) foot from the edge of the paved portion of the public right-of-way. No A -Frame
signs shall be placed on sidewalks or within the center medians that divide portions of paved or unpaved
roadways.
4. No sign may be greater than twenty-four (24) inches wide and thirty-six (36) inches tall.
5. Signs shall be constructed of wrought iron; sheet metal; one -eighth -inch thick plastic; or of wood that is at
least three -eighths -inch thick. No other materials are acceptable.
6. Signs must be manufactured by a professional sign company.
7. Signs shall be in good repair.
8. Attachments to signs are limited to balloons flown no higher than six feet from the ground. If attachments
are used, the A -Frame sign must be set back from the curb a minimum of three feet; if no curb is present, the
A -Frame sign shall be located at least three feet from the edge of the paved portion of the public right-of-way.
9. Landscaping cannot be modified or damaged to accommodate an A -frame sign.
10. Signs shall only be displayed between the hours of 7:00 a.m. and 9:00 p.m.
11. No A -frame sign is permitted anywhere within the Town of Fountain Hills after December 31, 2020.
C. Awning/Canopy Signs are allowed as follows:
1. Must be included in the total aggregate sign area.
2. May not exceed twenty-five (25) percent in area of the canopy on which such sign is located.
3. Sign area shall be measured by the smallest rectangle that will enclose the sign copy.
D. [Reserved].
E. Civic organizations, such as the Kiwanis, Rotary, Jaycees, etc., may be identified on group display structures in
accordance with the following standards:
1. Said structure must be on arterial streets.
2. Structures shall not be over six (6) feet in height or exceed an area of sixty (60) square feet.
3. Sign may not be illuminated.
4. Each civic organization shall be limited to a maximum sign area of two square feet.
F. Signs for a contractor may be placed on a construction site if signs meet the following criteria:
1. One contractor sign or banner per lot.
2. Subcontractors may not place additional signs but may be listed on a main contractor sign.
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3. Maximum size of sign shall not exceed eight (8) square feet.
4. Maximum height of five (5) feet.
5. Sign must be located on construction site.
6. Sign shall not be illuminated.
7. A contractor sign may be placed only during the period of time when a building permit is valid and must
be removed no later than the date of final inspection.
G. A directory sign may be included as part of a comprehensive sign plan. A directory sign is allowed with the
following standards:
1. Maximum sign area of six (6) square feet.
2. Maximum height of six (6) feet.
3. Located behind the required front yard setbacks.
H. [Reserved]
I. Flags, as defined in this Zoning Ordinance, are allowed as follows:
1. Flags poles shall not exceed the maximum building height allowed in each zoning district and shall be
located and constructed that if it should collapse, its reclining length would be contained on the property for
which it was installed.
2. Any flag flown in conjunction with the United States or State of Arizona flags shall be flown beneath them.
3. Unless specifically permitted in this Zoning Ordinance, no more one (1) flag may be flown or hung on any
one (1) site or structure; provided, however, that one (1) State of Arizona, one (1) foreign national flag, and one
(1) Fountain Hills Unified School District flag may be flown in addition to the one (1) permitted flag.
4. The maximum size of any corporate flags shall not exceed fifteen (15) square feet, with no single
dimension to exceed six (6) feet.
5. A sign permit is required to display any corporate flag and must be included as part of the total aggregate
sign area.
6. Display of the United States flag must meet all requirements of the United States Flag Code, including
national and local lighting standards.
7. A model home that has a special use permit may use flags in addition to the United States flag and State
of Arizona flag, in the following manner:
a. There can be no more than two (2) flags on the lot of one model home and one (1) flag on each
additional lot with a model home located upon it, not to exceed five (5) total flags.
The Fountain Hills Zoning Ordinance is current through Ordinance 20-22, passed October 20, 2020.
Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
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b. The maximum size of any model home flag shall not exceed eight (8) square feet.
c. Model home flags shall not be illuminated.
d. Flagpole shall not exceed twenty-five (25) feet in height.
8. No sign permits are required for flags unless otherwise noted.
9. The maximum size of a United States flag, State of Arizona flag or foreign national flag shall be sixty (60)
square feet. This limit does not apply to a United States flag or State of Arizona flag flown on a national or
state holiday.
J. Freestanding signs are allowed as follows:
1. Freestanding signs shall be counted as a portion of the total aggregate sign area except as outlined in
paragraph 6.080) (7) below.
2. One freestanding sign is allowed for each street frontage.
3. Maximum area of fifty (50) square feet.
4. Maximum height of twelve (12) feet (including base).
5. All freestanding signs must be no closer than thirty (30) feet to any residential district.
6. Minimum area of two (2) square feet of landscaping per one (1) square foot of freestanding sign shall be
provided at the base of the freestanding sign.
7. Shared Monument Signs are permitted in sign districts as follows:
a. Sign District Formation: A sign district may form to obtain shared monument signs where at least 51 %
of business owners within a business block, each possessing a valid Town business license, have
submitted a sign district agreement to the Zoning Administrator and where the Zoning Administrator has
approved the formation of the district.
(1). Membership Change: If sign membership changes, the sign district shall file a written
notification of membership change and an amended sign district agreement with the Zoning
Administrator. Where a sign district member moves out of the sign district or closes its business, the
portion of the shared monument sign advertising that business must be removed within thirty (30)
days. The portion of the sign dedicated to the vacating sign district member shall be maintained with
a blank panel.
(2). District Dissolution: If a sign district is dissolved, the property owner(s) of the business block
who were participants in the sign district shall be required to remove the shared monument sign
unless.
i A new sign district is formed to assume responsibility for the shared monument sign within
thirty (30) days from the date of dissolution of the old sign district; or
The Fountain Hills Zoning Ordinance is current through Ordinance 20-22, passed October 20, 2020.
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ii The property owner upon whose property the shared monument sign is located assumes
complete control over the shared sign monument.
b. Limitations on Shared Monument Signs:
(1). Height Restrictions:
i Where the sign district contains four or fewer businesses, the maximum height of the
monument sign shall be six (6) feet.
ii Where the sign district contains five or more businesses, the maximum height of the
monument sign shall be eight (8) feet.
(2). Width may not exceed four (4) feet.
(3). The area of the sign shall not exceed twenty-four (24) square feet.
(4). Sign Placement:
i Signs may not be placed within the public right-of-way.
ii Signs must be at least one hundred fifty (150) feet away from any other type of monument
sign.
iii Signs must not be placed in a manner that obstructs the vehicular sight lines and road "clear
zones" established by the Town Engineer in accordance with traffic engineering standards.
(5). The Zoning Administrator or authorized designee may only approve the placement of a shared
monument sign in a manner other than as required by this paragraph if a variance has been granted
pursuant to Section 2.07 of this Zoning Ordinance.
(6). A minimum of two (2) square feet of landscaping per one (1) square foot of the sign shall be
provided at the base of the shared monument sign.
c. In lieu of the formation of a sign district by business owners, one or more owners of contiguous
property that contains more than one (1) business address may submit an application for a shared
monument sign.
8. Subdivision Identification Signs are allowed as follows:
a. Style, Height and Area. Subdivision identification signs shall be monument signs with the following
limitations:
(1). Maximum height shall be six (6) feet.
(2). Maximum area shall be twenty-four (24) square feet.
(3). Maximum of one (1) sign located at each street access to the identified subdivision.
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Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
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(4). Sign text shall be limited to the name of the development or subdivision.
b. Sign Placement:
(1). Sign shall not be located within the public right-of-way without an encroachment permit.
(2). Sign shall not be located so as to obstruct vehicle sight lines and road "clear zones" established
by the Town Engineer in accordance with traffic engineering standards.
c. Landscaping:
(1). Minimum of two (2) square feet of landscape area per one (1) square foot of sign area shall be
provided at the base of the sign.
(2). Landscaping maybe occasionally changed, but shall always be maintained in good condition by
the property owner.
d. Lighting:
(1). The text area of the sign may be back -lit such that the source of illumination is not visible;
provided, however, that back -lit nonopaque panels are not permitted.
(2). The text area of the sign may be illuminated by fully shielded ground mounted directional
lighting.
K. Fuel price signs are allowed as follows:
1. Fuel price signs shall be counted as a portion of the total aggregate sign area.
2. One freestanding fuel price sign is allowed per street frontage.
3. Maximum area of twelve (12) square feet per sign.
4. Maximum height of five (5) feet.
5. Minimum area of four (4) square feet of landscaping per one square foot of freestanding sign shall be
provided at the base of the freestanding sign.
L. Future Development Signs announcing the proposed development of property prior to issuance of a building
permit for the purpose of displaying the name of the project, contractors, architect and any additional information
pertaining to the site on which the signs are located are allowed in accordance with the following:
1. Maximum size shall not exceed thirty-two (32) square feet.
2. Sign shall not be illuminated.
3. Sign may be double faced.
4. One (1) sign per each street on which the development has frontage.
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Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
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5. Maximum height shall not exceed six (6) feet for all signs.
6. Such signs may be maintained for a period not to exceed twelve (12) months prior to obtaining building
permits for a development and must be removed upon issuance of the first Certificate of Occupancy for a
structure on the property.
7. A sign permit must be obtained prior to locating the sign on the site.
M. Garage Sale Signs are allowed as follows:
1. Garage sales signs may only be used for garage sales, yard sales and carport sales as outlined in Section
8-3-3 of the Town Code.
2. Garage sale signs must be placed at least one (1) foot behind the curb. If no curb is present, signs shall be
located at least one (1) foot from the edge of the paved portion of the public right-of-way. Garage sale signs
shall not be placed on sidewalks or within the center medians that divide portions of paved or unpaved
roadways.
3. No garage sale sign shall be permitted within the Shea Boulevard public right-of-way.
4. No garage sale sign shall be located within three hundred (300) feet along the same roadway, as
measured along the public right-of-way line(s), as another sign bearing the same or substantially the same
message.
5. There shall not be more than five (5) garage sale signs to any destination.
6. Garage sale signs may only be displayed between sunrise and sunset. Signs remaining in public rights -of -
way after sunset, or placed in rights -of -way prior to sunrise, shall be subject to confiscation and destruction by
the Town.
7. Maximum size shall not exceed four and one-half (4.5) square feet.
8. Maximum height shall not exceed three (3) feet.
9. Signs may only be constructed of wrought iron, sheet metal, plastic or of wood that is at least 3/8 of an
inch thick.
10. Garage Sale signs shall not be attached to any utility pole or box, light pole, street sign, bus shelter or any
structure within the public right-of-way.
N. Menu Boards orientated to the drive -through lane for a business are allowed as follows:
1. Menu board signs shall be counted as a portion of the total aggregate sign area.
2. One freestanding or wall mounted menu board is allowed per business.
3. Menu board signs must be located no less than forty-five (45) feet from any street property line.
4. Maximum area of twenty (20) square feet.
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Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
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5. Maximum height of five (5) feet.
6. Minimum area of four (4) square feet of landscaping per one square foot of freestanding sign shall be
provided at the base of the freestanding sign.
7. Speaker boxes and LED boxes are allowed as follows:
a. May not exceed thirty-six (36) cubic feet and four (4) feet in height.
b. May not contain advertising of any kind.
c. When installed separately from menu board, speaker box and LED box sign area will be calculated in
addition to total aggregate sign area.
8. Placement of menu boards, speaker boxes and LED boxes must meet the following guidelines:
a. Cannot be visible from any public street or alley.
b. Must be at least one hundred fifty (150) feet from any residential zoning district or be fully screened
from residential view by a masonry wall.
O. Multi -Tenant Building Identification Signs are allowed as follows:
1. Sign shall be a wall sign and shall identify only the building or complex.
2. The maximum number of signs for each building shall be one sign.
3. Sign shall be placed on the wall of the building with major street frontage.
4. Maximum area of sign is six (6) inches per lineal foot of building wall with a minimum of twenty-four (24)
square feet and a maximum of forty (40) square feet. Lineal footage of building is determined as defined in
subsection 6.08(A).
P. Neon Signs are allowed only as follows:
1. Limited to interior window display only (may not be used on exterior of building).
2. The total amount of neon signage for any one business shall be six (6) square feet.
3. No more than two (2) neon signs shall be allowed for any business.
Q. Open House Directional Signs are allowed only as follows:
1. Open house directional signs shall be used only to direct traffic to a residence for sale, lease or rent.
2. Maximum number of directional signs for each residence for sale, lease or rent shall be five (5).
3. Maximum area for each sign shall be six (6) square feet.
4. No sign may be greater than twenty-four (24) inches wide and thirty-six (36) inches tall.
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Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
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5. Signs shall not be illuminated.
6. Sign must contain a directional arrow.
7. Signs shall be placed at least one (1) foot behind the curb. If no curb is present, signs shall be located at
least one (1) foot from the edge of the paved portion of the public right-of-way. No sign is allowed on
sidewalks or within the center medians that divide portions of paved or unpaved roadways.
8. No sign shall be placed within one hundred fifty (150) linear feet of the Shea Boulevard public right-of-
way.
9. Signs must be made by a professional sign company.
10. Signs shall not be located within one hundred (100) linear feet of any sign advertising the same location.
11. Sign placement, other than as described above, may be approved by the Zoning Administrator or
authorized designee.
R. Except for those areas designated as "sign free zones" by the Town Council in accordance with ARIZ. REV.
STAT. § 16-1019(F), as amended, political and ideological signs are permitted in commercial zoning districts,
subject to the size limitations of the applicable zoning district, but shall not be counted against the total allowable
sign area. In residential zoning districts, political and ideological signs may be located in such areas within the
following parameters:
1. Maximum aggregate size, per individual candidate or ballot issue, shall not exceed sixteen (16) square
feet on any residential lot or parcel.
2. Maximum length shall not exceed six (6) feet.
3. Maximum height shall not exceed four and one-half (4.5) feet.
4. Except as otherwise permitted by State Law, no such sign or portion of the sign may be located in or
project into a public right-of-way.
Political signs shall be removed within fifteen (15) days after the election or referendum for which the signs
were posted. Candidates successful in a primary election are permitted to leave their respective political signs
in place until ten (10) days after the general election, or if necessary, until ten (10) days after a run-off election.
S. Projecting Signs are allowed only as follows:
1. Must be included in the total aggregate square footage.
2. Shall only be permitted if signs are affixed to a building.
3. Shall not exceed three and one-half (3.5) feet in width or more than six (6) feet in height.
4. Shall be located so that the bottom of the sign is not less than eight (8) feet from the ground.
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5. Shall require both a Town sign permit and, if encroaching over an abutting Town right-of-way line, a
revocable Town encroachment permit or other Town Council - granted authorizations in forms approved by
the Town Engineer and the Town Attorney.
T. Real Estate Signs are allowed as follows and are exempt from the total aggregate signage:
1. Real estate signs may only advertise the sale, leasing or renting of a building, dwelling, suite, property, or
other forms of real estate.
2. Real estate signs must be nonilluminated.
3. Maximum sign area of six (6) square feet.
4. Maximum height of five (5) feet.
S. Signs must be made by a professional sign company.
6. No A -Frame signs allowed.
7. Signs may only be placed on property that is for sale, lease or rent.
8. Maximum number of signs allowed is one (1) per street frontage.
9. Signs must be removed when the purpose for which the sign was erected is complete.
10. Sign placement, other than as described above, may be approved by the Zoning Administrator or
authorized designee.
U. Special Event Signage is allowed as follows:
1. A sign placement plan detailing the size, location, and timing of proposed signs to be used for a special
event shall be presented with the special event permit application.
2. These signs shall be placed only after a special event permit has been issued by the Town and must be
removed within twenty-four (24) hours after the conclusion of the event.
3. The regulations in this chapter may be waived by the Town Council for special event sign placement, size,
and timing.
V. Under -Canopy Signs are allowed as apart of a comprehensive sign plan and must meet the following
requirements:
1. All under -canopy signs require written property owner and Town approval prior to installation.
2. Each business may be allowed one double-faced nonilluminated sign installed under an overhanging
canopy or fascia perpendicular to the front of the tenant's front wall space.
3. Maximum sign width shall not exceed twenty-four (24) inches.
4. Maximum sign height shall not exceed twelve (12) inches.
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5. Minimum clearance shall be not less than eight (8) feet six (6) inches from the bottom of the sign to the
sidewalk or surface beneath the sign.
6. In no case shall any object, banner, sign or other material be attached to, or hung from the sign.
7. No under -canopy sign shall be mounted in a manner that will impede pedestrian or vehicular visibility or
create any hazard.
8. The sign area for the first under -canopy sign shall be excluded from the total aggregate area of a
comprehensive sign plan. Businesses with multiple public entrances may be allowed one additional under -
canopy sign, subject to property owner and Town approval, but the sign area of the second under -canopy sign
will be counted as a part of the business's total aggregate sign area.
9. Under -canopy signs on property under unified ownership and control shall be consistent in appearance.
W. Wall Signs count as a part of the total aggregate signage and are allowed as follows:
1. One and one-half square feet per each lineal foot of building frontage. Frontage is determined by the
measurement of the portion of the building facing the street not to exceed aggregate square footage allowed.
Corner buildings may include two street frontages if the frontages are joined at an angle between forty-five
(45) and ninety (90) degrees. However, the total sign area that is oriented toward a particular street may not
exceed one hundred twenty-five percent (125%) of the portion of the lot's total sign area allocation that is
derived from the building frontage on that street. Building frontages that contain angles of less than forty-five
(45) degrees or between ninety (90) and one hundred eighty (180) degrees shall be considered to be one
frontage.
2. Sign area must allow a minimum two (2) foot border from edge of the building or suite frontage, or a
minimum two (2) foot separation between signs, whichever is less.
3. Each wall sign may project no more than twelve (12) inches from the surface of the wall to which it is
attached.
4. Reverse pan channel letter with halo illumination must not exceed a one and three-quarter (1.75) inch
separation from the wall.
5. In the C-2, C-3, and TCCD zoning districts, a secondary entrance wall sign is allowed in addition to total
aggregate sign area if the following criteria are met:
a. Wall sign areas shall not exceed 25% of primary total aggregate sign area.
b. Secondary entrance must not be visible from main public entrance.
c. Secondary entrance must face a rear parking area, common area or public use frontage.
X. Window Signs are allowed as follows:
1. Except for neon signs as permitted in paragraph 6.08(P) of this Zoning Ordinance, window signs do not
count as part of the total aggregate sign area.
The Fountain Hills Zoning Ordinance is current through Ordinance 20-22, passed October 20, 2020.
Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
Page 22 of 24
2. May not exceed 50% of window area.
3. Window signs shall be prepared by a professional sign company.
Y. Window decorations/painting with a holiday theme are allowed as follows:
1. Holiday decorations may be displayed on a temporary basis for civic, patriotic or religious holidays.
2. The combination of window decoration/painting coverage and signage must not exceed 75% of window
area.
3. Window decoration shall not contain any form of advertising copy, including but not limited to, name of
business, logo or sale language.
4. Sign permit is not required.
Z. Comprehensive Sign Plans shall meet all sign criteria of the Town. The following elements are required for
approval:
1. Name, address and phone number of property owner or designee.
2. Written text clearly outlining the sign plan to include all suites, offices or other leased/leasable space.
3. Name and address of property for which the comprehensive sign plan is designated.
4. Design criteria allowed for signage (i.e. colors, installation method, materials, type of signage, etc.). If it is
the intention of the property owner to allow Nationally Recognized Registered Logos, this must be specified in
the plan.
5. Site plan showing all lot dimensions, suites, offices or other leased/leasable space and proposed/existing
signage placement (drawn to scale).
6. Elevations showing proposed sign envelopes.
7. Lineal footage of building(s) as outlined in subsection 6.08(A).
8. Allocation chart showing allowable square footage for each suite, office or space number.
9. Comprehensive sign plan amendments must be made in writing and submitted, reviewed and approved
by the Zoning Administrator or authorized designee.
10. Comprehensive sign plan approval/denial maybe appealed to the Town Council.
AA. Street Addresses:
1. Every building or group of buildings within any commercially or industrially zoned area must be identified
by a street number that is clearly visible from the adjacent street. This sign shall not be computed as part of
the total sign area permitted for any site or business.
The Fountain Hills Zoning Ordinance is current through Ordinance 20-22, passed October 20, 2020.
Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
Page 23 of 24
2. The street number (or number range) of the businesses or business complex identified on a monument
sign shall be displayed at the top of the text area of the monument sign and shall not be computed as part of
the aggregate sign area.
BB. Sign Walkers, in commercially zoned districts only, subject to the following time, place and manner
limitations:
1. If located within 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.
2. Sign walkers shall not erect or place tents, temporary structures, umbrellas, chairs or stools anywhere
within the public right-of-way or adjacent property.
3. Sign walkers shall not be positioned so as to obstruct vehicle sight lines and road "clear zones"
established by the Town Engineer in accordance with traffic engineering standards.
4. Sign walkers shall not obstruct the free movement of pedestrians on sidewalks.
5. Sign walkers are not allowed in the medians of public or private streets.
6. The sign worn, held or balanced by a sign walker shall be a maximum of five (5) square feet in size and
may be double sided.
CC. Electronic Message Center: Signs with intermittent, scrolling or flashing illumination, including electronic
message center signs, are permitted in Commercial and Industrial zoning districts only; provided, however, that
churches and schools may display such signs in residential districts. All electronic message center signs are subject
to the following:
1. There shall be no moving or flashing green or red features that could be mistaken as traffic control
devices.
2. Intermittent Changes:
a. Any changes to the face or copy of the sign must have a minimum of eight (8) second interval
between changes.
b. Between the hours of 10:00 p.m. and 6:00 a.m., except for time and temperature.
(1). There shall be no changes to the face or copy of the sign; and
(2). The background must be darker than the text.
3. Led signs / electronic message displays are subject to all of the following:
a. Between the hours of 10:00 p.m. and 6:00 a.m.:
(1). Led signs shall not exceed the maximum lumination level of 100 nits; and
(2). Signs located adjacent to residential zoning districts shall be turned off.
The Fountain Hills Zoning Ordinance is current through Ordinance 20-22, passed October 20, 2020.
Chapter 6 Sign Regulations I Fountain Hills Zoning Ordinance
Page 24 of 24
b. Signs shall be equipped with photo cell sensors that are factory locked to:
(1). Adjust the sign to an appropriate light level during daylight hours; and
(2). DIM the sign at night to the required nit level as stated in this section.
c. An affidavit from the manufacturer or other evidence of compliance satisfactory to the Town,
attesting to the photo cell sensor equipment lock as required above shall be submitted with the sign
permit application.
d. The electronic message center portion of the sign shall not have a white background and shall be
turned off when the business is closed.
e. Signs shall include timers that automatically turn off the digital display. (20-22, Amended, 10/20/2020;
18-10, Amended, 12/18/2018)
The Fountain Hills Zoning Ordinance is current through Ordinance 20-22, passed October 20, 2020.
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.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using
one of the following browsers: Google Chrome, Firefox, or Safari.
Town Website: www.fh.az.gov
Code Publishing Company
The Fountain Hills Zoning Ordinance is current through Ordinance 20-22, passed October 20, 2020.
TOWN OF FOUNTAIN HILLS
Dr0
aft Sign
Review
John D. Wesley, AICP
Development Services Director
January 19, 2021
Ij
t
Ordinance
WWW.FH.AZ.GOV
Overview
• Background and Goals
• Overview of Draft Ordinance
• Review/discussion of individual sections and key
modifications
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Background/Goan
• Reed v. Town of Gilbert —sign regulations cannot
be content based
• Process:
o Reviewed other updated codes
o Involved stakeholders
• Goals:
o Remove content based regulations
o Improve readability
o Address known issues
o Maintain consistency
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Overview
Section 6.01 - Introduction
• Changed name
• Expanded to provide more background and legal
framework
Section 6.02 — Definitions
• Section currently Reserved
• Moved definitions from Sec. 1.12 of Zoning
Ordinance
• Updated and added pictures
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Overview of Ordinance
Section 6.03 — Building Permits; Fees
• Essentially the same, re -organized and removed
unneeded items
• Added Section F describing information need for
a permit
Section 6.04 — Violations and Penalty
• Combination of current Sections 6.04 and 6.05
• Increased fines
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Overview of Ordinance
Section 6.05 — Enforcement and Remedies
• Section 6.06 in current code, no significant
changes
Section 6.06 —Sign Plans (new)
• Combines Master Sign Plans and
Comprehensive Sign Plans currently in Sec. 6.08
• Added incentives for creative design
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Overview of Ordinance
Section 6.07 — General Regulations
• Mostly reformatting with subheadings and
grouping of like items
• Distinguishes between prohibited signs and
prohibited locations
• New section of design guidelines
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Overview of Ordinance
Section 6.08 — Sign Requirements and Allowances
• Most significant changes
• Subsection A provides rules for all allowed sign
types
• Information for each sign type organized by:
o Zoning/Use
o Size/Height
o Number
o Location
o Miscellaneous
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Overview of Ordinance
Section 6.08 —Sign Requirements and Allowances
(cont.)
• Subsection B — Electronic Message Center
• Subsection C — Temporary Sign Allowances
• Subsection D — Residential Directional Signs
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Section Review — 6.01 Introduction
A. Findings and Purpose
B. Applicability (Some provisions came from current Sec.
6.03)
1. Applies to signs as defined in the ordinance
o Focused on issues of size, number, location, etc.
2. Signs not subject to this ordinance
d. Signs authorized by state statute — eliminates
conflicts with state regulations on political signs
to Remainder of section addresses various legal requirements
commonly found in sign ordinances
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Section Review — 6.02 Definitions
• Pulled from Zoning Ordinance Chapter 1
• Reviewed —updated, removed, added
• Included pictures
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Section Review — 6.02 Definitions (cont.)
• Adjusted definition of sign to apply to only signs
visible from beyond property boundaries
"Sign: Any device placed to attract attention by providing
identification, advertising or directional information for a
business, service, product, person, organization, place,
or building when the display of this device is visible
be and the boundaries of the ublic or Private property
upon which the display is made. Include d in this
definition, as signs are graphic devices such as logos and
attention -attracting items such as banners or logo
sculptures."
• Defines permanent and temporary signs
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Section Review — 6.03 Building Permits; Fees
• Changed from "Sign Permit; Fees"
• Clarified no permit needed to change a sign face
• Subsection F — new, requirements for permit
application
o Basic information needed to review a permit
application
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Section Review — 6.04 Violations and
• Combination of current 6.04 and 6.05
• Subsection D — fines changed to:
0 1 St
offense
from
$25 to $50
0 2nd
offense
from
$50 to $100
0 3rd
offense
from
$100 to $250
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Penalty
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Section Review — 6.05 Enforcement and Remedies
• Currently Section 6.06
• Same as current ordinance
• Added civil citation option (6.05 A. 1.)
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Section Review — 6.06 Sign Plan
• Combination of current 6.08 J. 7. and 6.08 Z.
• Subsection A — Purpose; address difficult situations
and encourage attractive design
• Subsection 6 —Application requirements
• Subsection C — allows Zoning Administrator to
approve sign plan
o Up to 10% increase in height, area, and number
o C. 2. — additional criteria for creative design, if
met may have an additional 10% of sign area
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Section Review — 6.07 General Regulations
• Content mostly unchanged; reorganized and
added subheadings
• B. 2. — Prohibited sign locations
o Expanded based on review of other
ordinances
o Adjusts current prohibition on all temporary
signs on Shea to allow "Post and Board"
signs
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Section Review — 6.07 (cont.)
• E. —Prohibited signs
o Specifically prohibits feather banners and
inflatable signs
• F. — Illumination
o Was 6.07J., consolidated illumination
standards from other sections and
added ideas from other ordinances
• Current 6.07
6.08A. 15.
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WWW.FH.AZ.GOV
Section Review — 6.07 (cont.)
• Current 6.07 N. regarding sign allowance if Town
logo included removed — content based
• G. —Design Guidelines and Standards (new)
0 1. —Guidelines for more attractive design
0 2. — Standards for sign attachment
0 3. — Temporary signs to be made of durable
materials, maintained in good repair
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Section Review — 6.08 Sign Requirements and
Allowances
• Performs same function as current 6.08
• Significantly reformatted; eliminated content
based signs and regulations
• Standard format for each section
• Removed aggregate sign area limitation
o Was 6.08 A
o Limited total sign area
• Kept allowed size and number as consistent as
possible
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Section Review — 6.08 (cont.)
• Standard Format for each sign type
o Zoning/Use — allows ability to distinguish
where sign types are allowed by either
zoning or land use
o Size/Height — defines the allowed size and
height of signs
o Number — the number of signs per business or
property
o Location — where sign type can be placed
o Miscellaneous — other topics as needed
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Section Review — 6.08 (cont.)
A. Allowed sign types
1. A -frame &T-frame
• Residential districts only as Residential
Directional Sign
• Removed sunset provision
2. Awning or Canopy
• Up to 25% of surface (same)
• 1 sq. ft./ft. of length when place on top (new)
• Removed measurement provision
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WWW.FH.AZ.GOV
Existing
Code
Allowance for
Banners,
Balloons &
Pennants
Note: No
provision in new
ordinance for
pennants
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SIGN TYPE
..................
TYPE OF EVENT
Banners, Pennants &
Banners
Baiioons &Pennants
Balloons
Grand Opening
30-days
1. 12 hrs during one
w/permit
day event
2. No permit necessary
Chamber Ribbon
30-days
1. 12 hrs during one
Cutting
w/permit
day event
2. No permit necessary
Change of Business
30-days
1. 12 hrs during one
Name, Owner orw/permit
day event
Management
2. No permit necessary
Church Event
.....................
30-days
1. permit tequired
w/permit
Any Type of Event
-Two periods of
seven (7) consecutive
days per month
- No permit necessary
- Town notification
required*
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Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
3. Balloons
• Previously included with banners
• Essentially the same, a few clarifications
• Max. 24" diameter
• Max. 6' high
• No limit on number
• Does not allow inflatable tubes
• 30-days/year
• TUP for additional time
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Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
4. Banners
• Non-residential uses in residential zones
• Apartments with more than 20 units
• Max. 32. sq . ft.
• No longer regulated by activity
• One per business/occupancy
• 30-da s/ ear
y y .,
• TUP for additional time
Removed sunset provision
• Should a permit be required
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Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
5. Building Wall
• Non-residential uses in residential
zones
• Apartments with more than 20 units
• 1.5 sq. ft./1' of frontage
• Max. 100 sq. ft. for any one sign
• 1 sign per 50' of frontage
• Min. 2' border
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Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
6. Drive thru signs
• Any message
• One per drive-thru lane
• Within 5' of drive-thru lane
• 20 sq. ft.; 5' tall
• Removed speaker box standards
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Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
7. Flags
- Can no longer regulate content
• Not just governmental flags
• Define number of poles allowed
• 1 on single family lot
• Max. 5 for model home complex
• All other, 2
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Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
7. Flags (cont.)
• Max. 2 flags per pole
• Max. pole height per zoning district
• Companion text amend for 5.07
• Max. flag size -- 60 sq. ft. (current
ordinance for government flags)
• Longest side no more than 1/3 pole
height
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Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
8. Freestanding Wall/Fence
• Replaces Subdivision signs
• Allowed in single and
areas as entry sign
• Max. 24 sq. ft.
• Max. 6' tall
• One per entry
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Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
9. Hanging or Under Canopy, no changes
• Max. 12" x 24"
• Min. clearance — 8'
• One per occupancy
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Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
10. Monument
• Allowed in:
• Single residence zones
• Non-residential uses
• Subdivision entry
• 32 sq. ft./6' tall
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Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
10. Monument
• Allowed in:
• Multi -family with more than 20 units
• 32 sq. ft./8' tall
• Commercial and industrial
• 50 sq. ft./ 12' tall
• Multiple signs for large properties
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Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
11. On Site Directional
• New
• "Enter/Exit" signs r
• Commercial and Industrial .r*
" GENUAL
' PUKING
t
• Max. 4 sq. ft./5' tall
AFA'w+ifkTtCar '
• At least 20' from public street ►KUP0KUL
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• Within 5' of a drive aisle ORTIVM
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Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
12. Post and Board
• Replaces "For Sale" signs
• Allowed in all zoning districts
• Developed and undeveloped under 5 ac.
• Residential — max. 6 sq. ft./5' tall
• Non-residential — max. 6 sq. ft./8' tall
• Undeveloped over 5 ac. — 32 sq. ft./8' tall
• One per street front
• At least 6' from curb or pavement
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CONSTRUCTION. INC.
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Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
13. Projecting, no changes
• Commercial & Industrial
• Max. —3.5'x6'
• Min. 8' clearance
• One per building
WWW.FH.AZ.GOV
Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
14. Sign Walkers, no changes
• Commercial &Industrial
• Max. 5 sq. ft.
• One per business
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Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
15. Vehicle Signs
• Moved from 6.07 M
• Removed vehicle weight sizes
• Must be operable vehicle
• If in a public parking space, move
every 48 hours
• Cannot become a permanent sign
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Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
16. Window Signs
• Essentially the same
• Commercial & Industrial
• Cover up to 50% of a window
• Includes signs within the business but within
6' of window and viewable from outside
• Moved Neon signs under this category
• Max. 2 per business
• Must be inside
Max. 6 sq. ft.
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Section Review — 6.08 (cont.)
A. Allowed sign types (cont.)
17. Yard Signs
• All zoning districts
• Currently "garage sale", "open house
"contractor" type signs
• Single residence — 6 sq. ft./3' tall
• Other — 8 sq. ft./5' tall
• One per lot
• Min. Z behind sidewalk, 6' behind curb
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Section Review — 6 08 (cont.)
B. Electronic Message Centers
• Significantly changed in format
• Reviewed by Dark Sky Committee
• Reviewed by Arizona Sign Association
• Messages must be static for at least 8
seconds
• Change max. luminance from 40 nits to 100
nits
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Section Review - 6.08 (cont.)
C. Temporary Sign Allowances
• Cannot regulate content, can regulate
size and number
Use Maximum Total Area for Maximum Number of Minimum
all Temporary Signs Temporary Signs per Separation
Street Front
Single-family,
12 sq. ft.
2 N/A
Attached or Detached
r
Multiple -family,
32 sq. ft.
2 50,
Office, Non-
residential in a
Residential District
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48 sq. ft.
3 75'
Z �
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54 sq. ft.
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Summary of Temporary Signs
ResidenceSingle • _ IM
A-frame/T-frame Only as Only as directional Yes
directional
Banner
For non-res. uses
For non-res. uses
Post and Board Yes
Yard Yes
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Complex with 20+
units
Yes
Yes
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6 sq. ft./3' tall
Yes 24" dia./6' tall
Yes 32 sq. ft.
MCMVI"--
Residential as
allowed for
directional
Other: one per
business
N/A
Yes Developed lot:
6 sq. ft./5' tall
Undeveloped 5+ ac.:
32 sq. ft./8' tall
Yes Single Res.:
6 sq. ft./3' tall
Other:
8 sq. ft./5' tall
1 per occupancy
1 per street
front
1 per lot
WWW.FH.AZ.GOV
Section Review — 6.08 (cont.)
D. Residential Directional Signs
• Replacement for garage sale, open house,
estate sale, etc. signs
• A -frame or Yard signs
• Max. 6 per event or activity
• Not allowed on Shea or within 150' of
pavement
• Allowed in frontage road median
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TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 01/19/2021 Meeting Type: Town Council Regular Meeting
Agenda Type: Regular Agenda Submitting Department: Community Services
Prepared by: Jamie Salentine, Executive Assistant
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Town Council Regular Meeting (Agenda Language): CONSIDERATION OF amending
the policy addressing sponsorships, naming rights, and waiver of fees for rentals and events granted to
outside groups and organizations.
Staff Summary (Background)
Prior to the Town Council review of the User Fee Study a few months ago, Vice Mayor David Spelich
asked about the annual value of fee waivers granted to groups and organizations that utilize the
Community Center, ballfields, parks, and other town facilities. Staff provided a report (see
attachment) to the Town Council of the annual dollar value of fee waivers in 2019. At the time that the
Town Council adopted the proposed user fees for FY 21-22, staff indicated that the fee waiver topic
would be discussed and reviewed at a later date as part of the review of the Sponsorship and Naming
Rights Policy. This policy addresses fee waivers along with other topics including donations, marketing
agreements, co -sponsorships, partnerships, fee reductions, as well as honorarium and posthumous
facility naming. The Sponsorship and Naming Rights Policy was created in 2014 and amended in 2016 to
add additional language regarding the establishment of a Legacy event category with certain
grandfathered rights and the introduction of tiered event fees.
Staff plans to give a presentation to the Town Council on this topic at the Town Council meeting on
January 19, 2021. The intent is to seek policy direction on this matter and to return with three policies
that address three separate policy areas: Sponsorships, Naming Rights, and Fee Waivers
for facility rentals and special events.
Special Events
This policy established the original set of criteria for fee waivers, sponsorships and co -sponsorships in
regard to special events. This effort was to help identify who would be eligible for such fee waivers and
reductions, and what parameters must be met. The policy however lacked specific guidance on how to
ensure accountability and a system of check and balance to allow both the Town and the event
organizers transparency of responsibility. It also offered minimal guidance on the limitations of
sponsorship scope.
In 2016, fee waiver language was added to support and attract new events in our community. As new
events often struggle with startup costs and initial expenses, the Town adopted a tiered system for all
event organizers requesting in -kind support for new events. Organizers are required to submit a
detailed outline of the event, including schedules, budget and marketing plans as well as a detailed list
of the requested fees to be waived. Following the event, recipients are to submit a detail financial
report. It is the expectation that events become self-supporting after three years, as follows:
(1) Year One: if approved, first -year events may receive a fee waiver of up to 100% of Town costs.
(2)Year Two: if approved, second -year events may receive a fee waiver of up to 50% of Town costs.
(3) Year Three: if approved, third -year events may receive a fee waiver of up to 25% of Town costs.
Co -Sponsorships and Fee Waivers
The policy also recognizes Co -Sponsorship options that are associated with community and partner
organizations that further the core programs and goals of the town. Similar to the New Special Event
system, fee reductions and waivers are granted on a case -by -case basis. "Co -Sponsorship" is used as a
broad and generic term and may apply to traditional special events that draw crowds into our towns as
well as small, community oriented programs that serve our residents. Staff and event organizers often
use other language such as Town Sponsored and Town Partnered interchangeably with Co -Sponsored,
which can cause confusion. The marked difference between the New Special Event Tiered System and
the Co -Sponsorship guidelines is the former has a clearly defined end date (maximum three years) while
the latter does not have an expiration and may be an ongoing, long-standing waiver. Current examples
include the Kiwanis Blood Drive, hosted quarterly at the Community Center and the Fountain Hills High
School Graduation hosted annually at the Fountain Park Amphitheater. Many of these Co -Sponsorships
have provided enduring and mutual benefit, however the current policy offers little guidance on how to
manage the changing and expanding scope of Co -Sponsorships and minimal check -and -balance options
to ensure all parties are meeting expectations and policy standards. As community and civic groups
change leadership, take on new projects, and expand scope, the lack of documented agreements,
contracts or approvals has also presented difficulty.
As noted in the attached chart, fee waivers have increased over time and have a significant value. Many
of these programs noted have been longstanding and provide extended services and benefits to the
community. However, many of the fee waivers have also increased as existing partners have grown,
adopted new subgroups, and needs have expanded. One example of this expansion is the Fountain Hills
Civic and Cultural Association who has taken on several subgroups that receive fee waivers by
association. Policy parameters should be considered to help curb unintentional scope creep and allow
both the Town and partner organization to have defined expectations.
Legacy Events
As part of the 2016 policy amendment, the designation of Legacy Events was added. These
acknowledged events have long-standing reputations in our community and an established event
foundation. These events were granted this status in order to have mutual assurance that dates, times,
venue and co-sponsorship commitments would be continuous. The four events granted Legacy status
included:
• Fountain Festival: Organized by the Fountain Hills Chamber of Commerce; held annually on the
second full weekend of November; Thursday- Sunday format.
• The Great Fair: Organized by the Fountain Hills Chamber of Commerce; held annually on the last
full weekend of February; Thursday- Sunday format.
• Oktoberfest: Organized by Fountain Events, Inc.; held annually on the last weekend of September;
Friday and Saturday evening format.
• St. Patrick's Day Celebration: Organized by Fountain Events, Inc.; held annually on the Sunday
before March 17.
Since the 2016 amendment, two of these four events have changed organizers and adopted new
formats. The remaining two events, the spring and fall Chamber art fairs, have also begun to look at
alternate options to adjust to changing demands including social, geographic, and financial. Though the
Legacy status attempted to ensure consistency and stability for these annual events, the terms have also
become too restrictive and no longer apply to most events.
Intergovernmental Agreements and Operating Agreements
In addition to Co -Sponsorships, the Town has entered into several other types of partnerships with
community entities. The Town and Fountain Hills Unified School District (FHUSD) have had a
long-standing partnership and operate under an Intergovernmental Agreement (IGA) which outlines the
privileges and responsibilities of both parties. The Fountain Hills Sanitary District and the town have an
IGA which provides the town treated effluent in Fountain Lake at no cost for irrigation use; the town in
turn waives fees to the Sanitary District. This type of intergovernmental agreement is very common and
works well.
Operating Agreements are yet another tool used to identify partnerships within the community. These
agreements are often used with non -governmental agencies that desire support and use of Town
facilities to operate programs. One such example of an operating agreement partner is the McKee
Branch of the Boys and Girls Club of Greater Scottsdale. The Boys and Girls Club often utilizes Town
facilities to operate programing including its Flag Football and Basketball Leagues. Though operating
agreements are a useful tool, many are now out of date, invalid, or do not exist. Community partner
programs such as Fountain Hills Soccer and Fountain Hills Little League are two primary candidates for
operating agreements as both organizations receive significant fee waivers for field and light use and
provide a significant opportunity to the youth of Fountain Hills.
Naming Rights
Also included in the existing policy are general guidelines for municipal and facility naming. This section
of policy offers criteria regarding when and how facilities and streets can be renamed and guidance on
who may be eligible for this honor. This area of policy has been used several times in the past two years
as both the Sharon Morgan and Wally Nichols plazas were dedicated following these guidelines.
Corporate facility naming is also an area that is covered in this policy to ensure how and when financial
contributions merit naming privileges. This prospect has brought to light several questions regarding the
longevity of this privilege and how renaming might be approached. There has been some interest of late
to consider street renaming as well. The policy identifies this option however, there have been logistic
hurdles with the process including difficulty with the US Postal Office and mail delivery.
Staff recommend the following considerations for discussion:
• Divide the current policy into three separate policies to allow for improved staff implementation
and better public understanding
• Consider additional language to establish more accountability for event organizers and
community partners
• Develop consistent language regarding Sponsorship, Co -Sponsorship, and Partner Events and
categories for user groups
• Consider fee options and waiver process that ensures fairness and continuity. Consideration for
when and how the process can be administered at the staff level versus when Council
input/action may be warranted
• Identify cost recovery models for events and local programs that ensure viability and fairness for
all parties
• Remove the Legacy Event category and move all event organizers to individual agreements
• Review and consider updating existing IGA's and operating agreements, and begin establishing
consistent operating agreements with additional local groups. Use the recently adopted
Reservation Policy as a resource to incorporate consistent terms, language, and parameters into
the agreements.
• Develop a more comprehensive Naming Rights policy that explores new formats and options as
well. This includes updating existing procedures to include granting special designations
for streets, plazas, and other town facilities named after individuals without renaming streets, for
instance, that may result in address changes.
While the recommendations above should result in greater policy clarity, equity, and fairness, staff is
open to additional ideas and policy direction from the Town Council. Based on Council input at the
Town Council meeting on January 19, 2021, staff will return with policies that capture and implement
the Town Council policy direction.
Related Ordinance, Policy or Guiding Principle
Sponsorship and Naming Rights Policy
Risk Analysis
N/A
Recommendation(s) by Board(s) or Commission(s)
N/A
Staff Recommendation(s)
Staff recommends amending the current policy.
MOVE to direct staff to prepare an amended set of Sponsorship and Naming Right policies and return
for council review and adoption.
Attachments
2016 updated Sponsorship and Naming Rights policy
2019 Fees Waived by Agmt & Spons
2019 Event Fee Waivers
Inbox
Community Services Director
Finance Director
Town Attorney
Town Manager
Form Started By: Jamie Salentine
Final Approval Date: 01/13/2021
Form Review
Reviewed By
Rachael Goodwin
David Pock
Aaron D. Arnson
Grady E. Miller
Date
01/11/2021 04:13 PM
01/12/2021 03:01 PM
01/13/2021 07:46 AM
01/13/2021 03:36 PM
Started On: 01/11/2021 01:20 PM
RESOLUTION 2016-38
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, ADOPTING THE TOWN OF FOUNTAIN HILLS
MUNICIPAL SPONSORSHIP AND NAMING RIGHTS POLICY, AMENDED
AND RESTATED DECEMBER 15, 2016.
WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town
Council") has determined that it is in the best interests of the citizens of Fountain Hills to
establish a formal procedure and criteria for the receipt or solicitation of, selection of, and
agreements with persons or entities for municipal sponsorships, co -sponsorships, sole
sponsorships and marketing arrangements (including facility naming rights); and
WHEREAS, the Town Council approved Resolution No. 2014-36 on August 7, 2014,
adopting the Town of Fountain Hills Municipal Sponsorship and Naming Rights Policy (the
"Existing Naming Policy"); and
WHEREAS, the Town Council desires to amend and restate the Existing Naming Policy
to amend the procedures for special event fee waivers.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS as follows:
SECTION 1. The recitals above are hereby incorporated as if fully set forth herein.
SECTION 2. The Town of Fountain Hills Municipal Sponsorship and Naming Rights
Policy, Amended and Restated December 15, 2016, is hereby adopted in substantially the form
and substance attached hereto as Exhibit A and incorporated herein by reference.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
Resolution or any part of the policy adopted herein by reference is for any reason to be held
invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions thereof.
SECTION 4. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to take all steps and execute all documents necessary to carry
out the purpose and intent of this Resolution.
[SIGNATURES ON FOLLOWING PAGE]
28309891
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, December 15, 2016.
FOR THE TOWN OF FOUNTAIN HILLS:
ova agh, May r
REVIEWED BY:
f
Grady E. Mille o n Manager
28309S9,1
ATTESTED TO:
NO � ww%Opnjrn�
�►;wn Clerk
APPROVED AS TO FORM:
. 0, Lt�
An rew J. McGuire, Town Attorney
EXHIBIT A
TO
RESOLUTION 2016-38
[Municipal Sponsorship and Naming Rights Policy, Amended and Restated December 15, 2016]
See following pages.
2830989.1
TOWN OF FOUNTAIN HILLS
MUNICIPAL SPONSORSHIP AND NAMING RIGHTS POLICY
Amended and Restated December 15, 2016
1. Purpose. To establish for the Town of Fountain Hills, Arizona (the "Town") a
formal procedure and criteria for the receipt or solicitation of, selection of, and agreements with,
persons or entities for Municipal Sponsorships, Co -Sponsorships, Sole Sponsorships and
Marketing Arrangements, (including Facility Naming Rights), the following Municipal
Sponsorships and Naming Rights Policy (this "Policy") is hereby adopted by the Mayor and
Council of the Town (the "Town Council"). This Policy is intended to set forth the process for
the Town to participate in Municipal Sponsorship, Co -Sponsorship, Sole Sponsorship and
Marketing Arrangement programs to give valuable support to important Town programs,
facilities and services for public benefit by (i) providing funding for Town events from private
businesses and (ii) allowing the Town to partner with activities provided by outside entities. In
doing so, the Town must ensure its actions are consistent and appropriate to the Town's vision,
mission and values. This Policy is not intended to apply to Bequests or Donations (each as
defined below). This Policy shall:
A. Establish Procedures. Establish consistent procedures and practices for
receipt or solicitation of Municipal Sponsorships (as defined below), Co -Sponsorships (as
defined below), Sole Sponsorships (as defined below) and Marketing Arrangements (as defined
below) by Town staff.
B. Encourage Sponsorships. Encourage solicitation of Municipal
Sponsorship opportunities such as Facility Naming Rights, Sole Sponsorships, Co -Sponsorships,
Marketing Arrangements and similar agreements that generate revenue (financial or in -kind) in
support of existing and new Town facilities, projects, programs or services.
C. Encourage Partnerships. Develop publiclprivate alliances to provide
programs, events, venues and services within the Town.
D. Encourage Staff Innovation. Empower Town departments to seek
Municipal Sponsorship, Co -Sponsorship, Sole Sponsorship and Marketing Arrangement
opportunities to provide funds for programs, events, venues or services they might not otherwise
be able to provide to Town residents and visitors.
E. Safeguard Town Interests and Goals. Ensure that Municipal Sponsorship,
Co -Sponsorship, Sole Sponsorship and Marketing Arrangement activities (1) safeguard the
Town's assets and interests, (2) support the Town's goals of service to the community and (3)
remain responsive to the public's needs and values.
F. Establish Naming Framework. Provide a framework within which
requests to name public facilities are considered and evaluated.
1189798.4
2. Scope. This Policy shall govern all Town departments regarding the solicitation
of, and the unsolicited offers/requests from third parties related to, Municipal Sponsorships,
Co -Sponsorships, Sole Sponsorships and Marketing Arrangements for Town programs, projects,
events, venues, facilities and services. Municipal Sponsorship, Co -Sponsorship, Sole
Sponsorship and Marketing Arrangement solicitations shall be in furtherance of the Town's
needs and conducted in accordance with the provisions in this Policy. All Town staff responsible
for, or otherwise involved in, Municipal Sponsorship, Co -Sponsorship, Sole Sponsorship and
Marketing Arrangement activities on behalf of the Town or their respective departments shall
adhere to the policies, procedures and guidelines set forth herein.
A. Third Party Solicitation. Subject to the conditions of this Policy, Town
staff may solicit or respond to solicitations from third parties for such Municipal Sponsorships,
Co -Sponsorships, Sole Sponsorships or Marketing Arrangements for the Town.
B. Fair Comoensation. At all times, recognition for Municipal Sponsorships
or Marketing Arrangements must be evaluated to ensure the Town is receiving fair and
competitive compensation and that such recognition is consistent with the scale of each Sponsor
or Marketing Arrangement's contribution.
C. Outside the Scope of this Policy. This Policy shall not apply to:
(1) Funding obtained through formal grant programs or through
intergovernmental agreements with other political subdivisions of the State.
(2) Town support of external projects where the Town provides funds
to an outside organization (examples include, but are not limited to, grants to Nonprofit
Organizations).
(3) Gifts, Bequests, or unsolicited Donations to a Town department or
the Town where no reciprocal commercial benefit is given or expected and no business
relationship exists.
3. Definitions.
Bequest. A gift or contribution of cash, goods or services given voluntarily and expressed in
writing through a will or other testamentary document.
Co -Sponsorship. Participation by the Town (via direct funding, waived fees, staff coordination
or technical assistance) in an event that is provided by an outside entity and that is closely
aligned with or furthers a core Town program or service.
Donation. A gift or contribution of cash, goods or services given voluntarily toward an event,
project, program or corporate asset where no reciprocal commercial benefit is given or expected.
If reciprocal commercial benefits are given or a business relationship exists with a corporate
donor, the contribution will be a Municipal Sponsorship, Co -Sponsorship, Sole Sponsorship or
Marketing Arrangement, as applicable, and the principles of this Policy will apply.
2189798.4
Facility Naming Rights. The naming of Town -owned and/or operated buildings, structures,
natural features and recreational facilities, whether in whole or portions thereof (hereafter
referred to individually as a "Facility" or collectively as "Facilities"), and streets, roads or any
public rights -of -way (hereafter referred to individually as a "Street" or collectively as the
"Streets") within the corporate limits of the Town. Portions of a Facility may have names other
than that of the entire Facility and features may be dedicated to or in honor of a person such as
"Smith Beach" or "Jones' Amphitheater," subject to the provisions of this Policy.
In -Kind Contribution. A contribution received in the form of goods and/or services rather than
cash as part of a Municipal Sponsorship, Co -Sponsorship, Sole Sponsorship or Marketing
Arrangement.
Marketing Arrangement. A mutually beneficial business arrangement between the Town and a
third party, wherein the third party provides cash and/or in -kind services to the Town in return
for access to the commercial marketing potential associated with the Town. Marketing
Arrangements may include Municipal Sponsorship or Sole Sponsorship of one or more of the
Town's programs, projects, events, Facilities or activities.
Municipal Sponsorship. A business relationship in which the Town and another entity
exchange things of value, including a public display of support. This value can be financial, in -
kind or benefits related to visibility/exposures, publicity or market reach. It should not be
confused with Donations (as defined above), the sale of advertising or innovative approaches to
purchasing goods or services. Municipal Sponsorships include funds, products or services
provided by a company or individual to the Town, in consideration of the opportunity for the
company or individual to promote its name, product or service in conjunction with a Town
program, project, event, venue or activity.
Nonprofit Organizations. Organizations designated as tax-exempt under the Federal Tax Code.
Sister Agency. Local government entities that are traditional partners with the Town (i.e.
Fountain Hills Unified School District and Fountain Hills Sanitary District).
Request for Proposals ("RFP"). An open and competitive process whereby the Town invites
companies, subsidiaries or individuals to express their interest in participating, and submit
proposals to participate, in Municipal Sponsorship, Co -Sponsorship, Sole Sponsorship or
Marketing Arrangement opportunities with the Town.
Sole Sponsorship. A business relationship in which a company, subsidiary or individual has
paid to be the only Sponsor of a Town program, project, event, venue or activity.
Sponsor. A company or individual that provides the Town with a Municipal Sponsorship and
that enters into a Municipal Sponsorship agreement with the Town to promote itself and/or its
products or services.
21897984
Standards of Responsibility. The requisite standards to enter into a Municipal Sponsorship,
Co -Sponsorship, Sole Sponsorship or Marketing Arrangement with the Town. Factors to be
considered in determining whether the standards have been met include, but are not limited to,
whether a prospective Sponsor: (i) has available (or the ability to obtain) the appropriate
financial, material, equipment, Facility, personnel resources and expertise necessary to indicate
its capability to meet all contractual requirements; (ii) is able to comply with required or
proposed delivery or performance scheduling; (iii) has a satisfactory record of performance; (iv)
has a satisfactory record of integrity and business ethics; and (v) is qualified legally to contract
with the Town.
4. Restrictions. In general, the following industries and products are not eligible for
Municipal Sponsorships, Co -Sponsorships, Sole Sponsorships or Marketing Arrangements,
including Facility Naming Rights, with the Town, but the Town may elect to enter into
Municipal Sponsorships, Co -Sponsorships, Sole Sponsorships or Marketing Arrangements with
these restricted industries or products when it is deemed appropriate by the Town Council acting
in its sole discretion.
A. Prohibited or Restricted Products. A company, subsidiary and association
with products or services that are prohibited or restricted by Town Code or other governing laws
and policies.
B. Adult Products. A company or subsidiary whose business is substantially
derived from the sale or manufacture of tobacco products, products prohibited under federal law
or sexual/adult-oriented products.
C. Alcohol Sponsor at Youth -Related Events. Alcoholic beverages when the
intended audience of or participants in the Municipal Sponsorship, Co -Sponsorship, Sole
Sponsorship or Marketing Arrangement are youth under the legal drinking age.
D. Parties not Deemed Responsible. Parties that are not deemed responsible
under the Standards of Responsibility.
E. Parties to Litigation. Parties involved in a lawsuit with the Town.
F. Separate Contracts. Parties involved in any stage of negotiations for a
Town contract unless the contract is directly linked to a Municipal Sponsorship, Co -Sponsorship,
Sole Sponsorship, Marketing Arrangement or Facility Naming Rights opportunity.
G. Conflicts of Interest. Individuals or commercial enterprises having past,
present or pending business agreements or associations with the Town, if a Municipal
Sponsorship, Co -Sponsorship, Sole Sponsorship or Marketing Arrangement Agreement would
create an appearance of impropriety.
H. Pending Land -Use Approval. Parties with an active case for any land -use
approval before the Town.
21897984
4
1. Religious or Political Entities. Religious or political associations or
candidates running for any political office.
5. Roles and Responsibilities.
A. Responsibilities of Town Departments.
(1) Initiating Town Department. The initiating Town department shall
(a) ensure adherence to the principles and guidelines outlined in this Policy, (b) prepare a
proposal setting forth the scope of the program or project as provided in Subsection 6(A)
below and (c) work with the Town Finance Division to ensure appropriate budgeting of
revenues and expenditures and with the Town Attorney's Office to ensure the integrity of
the procurement process and the legal sufficiency of contractual obligations.
(2) Finance and Budget. The Finance Division shall provide general
guidance, costibenefit analysis, and direction relating to the appropriate budgeting of
revenues and expenditures in a manner that maximizes the benefits of each Municipal
Sponsorship, Co -Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility
Naming Rights arrangement for the initiating Town department, the Town and the
Sponsor.
(3) Procurement. When applicable, the Town Manager or authorized
designee shall oversee the preparation of the RFP or other competitive solicitation for
Municipal Sponsorship, Co -Sponsorship, Sole Sponsorship, Marketing Arrangement and
Facility Naming Rights opportunities.
(4) Town Attorney. The Town Attorney's Office shall provide legal
review of any RFP or other competitive solicitation for Municipal Sponsorship, Co -
Sponsorship, Sole Sponsorship, Marketing Arrangement and Facility Naming Rights
opportunities and oversee the preparation of all Municipal Sponsorship, Co -Sponsorship,
Sole Sponsorship, Marketing Arrangement and Facility Naming Rights agreements.
(5) Town Manager. The Town Manager shall review all Municipal
Sponsorship, Co -Sponsorship, Sole Sponsorship and Marketing Arrangement activities,
including interim reports provided from time to time by Town departments. The Town
Manager also shall be responsible for determining the frequency of reports by Town
departments.
6. Procedures. The Town's participation in Municipal Sponsorship, Co -
Sponsorship, Sole Sponsorship, Marketing Arrangement and/or Facility Naming Rights activities
shall be according to the procedures set forth below. For Municipal Sponsorships, Co -
Sponsorships, Sole Sponsorships, Marketing Arrangements and/or Facility Naming Rights
arrangements initiated by the Town, Subsections 6(A) - (G) shall apply; for Municipal
Sponsorships, Co -Sponsorships, Sole Sponsorships, Marketing Arrangements and/or Facility
Naming Rights arrangements initiated by another person or entity, Subsections 6(B), (D), (E),
(F) and (G) shalI apply.
21897984
A. Prepare a Proposal. A Town department considering a potential
Municipal Sponsorship, Co -Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility
Naming Rights arrangement shall prepare a proposal setting forth the scope of the program or
project, including a description of the community benefit, financial goals, means of recognition,
potential interested Sponsors, and general marketing strategy if a Marketing Arrangement is
involved. The proposal shall be submitted to the Department Director for review and approval.
If Facility Naming Rights are involved and will result in a name change to an existing Facility,
the history and legacy of the current municipal Facility should be considered and/or incorporated
within the new proposed name. All Facility or Street naming shall be in accordance with the
additional procedures set forth in Sections 8 and 9 below.
B. Estimate Value. If the proposed Municipal Sponsorship or Marketing
Arrangement includes Facility Naming Rights or granting Sole Sponsorship, the Department
Director shall provide a reasonable basis for determining the value of the Municipal Sponsorship,
Marketing Arrangement or Facility Naming Rights opportunity. At the Town Manager's
discretion, a qualified third party may be used to establish value.
C. Develop and Implement Solicitation. The applicable Town department,
working with the Town Attorney, shall develop an RFP for each Municipal Sponsorship,
Co -Sponsorship, Sole Sponsorship or Marketing Arrangement opportunity valued greater than
$10,000 and all Facility Naming Rights opportunities and the most beneficial, qualified response
shall be submitted to Town Council with a recommendation for approval. Town -originated
Municipal Sponsorship, Co -Sponsorship, Sole Sponsorship or Marketing Arrangements valued
at $10,000 or below and revenue producing or "no -cost" Municipal Sponsorship,
Co -Sponsorship, Sole Sponsorship or Marketing Arrangement opportunities that involve the
provision of commodities or services provided either to the Town or the Fountain Hills
community in support of Town operations, functions or programs through which the provider
will benefit monetarily, must be awarded using a competitive process that is appropriate to the
value, complexity and profile of the business opportunity. Municipal Sponsorship,
Co -Sponsorship, Sole Sponsorship or Marketing Arrangement proposals forwarded to the Town
are not subject to competitive solicitations if the proposed Municipal Sponsorship,
Co -Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights
opportunity is determined through a good faith effort to be unique and without interested
competitors.
D. Evaluate Submissions. The applicable Town department shall review and
analyze all responsive submittals received and shall provide a recommendation of approval or
denial to the Town Manager. The submittals shall be reviewed against selection criteria that may
include, but are not limited to:
(1) Consistency of the prospective entity's products, customers and
promotional goals with the Town's character, values and service priorities, including the
most recently adopted Town Council goals.
(2) The ability for the Town to retain its identity as owner/operator of
the Facility or principal provider of the service.
2189798.4
(3) The prospective entity's historical participation and association
with community projects, events and continued willingness to participate.
(4) The operating and maintenance costs to the Town associated with
the proposed sponsorship.
(5) Anticipated public perception of the association with the Town and
the prospective entity and community support for, or objection to, the prospective entity.
(6) The prospective entity's regard for and demonstrated success in
valuing diversity.
(7) The prospective entity's regard for and demonstrated success in
environmental stewardship.
E. DeveIop Agreement. In the event a Municipal Sponsorship, Co -
Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility Naming Rights proposal is
recommended for approval, the Town department will work with the Town Attorney's Office to
prepare an agreement consistent with all applicable Town Codes, policies and ordinances. The
agreement shall contain a provision granting the Town the right to suspend or terminate the
Municipal Sponsorship, Co -Sponsorship, Sole Sponsorship, Marketing Arrangement or Facility
Naming Rights agreement if, in the sole discretion of the Town Manager or the Town Council
(whichever approved the agreement), the continued arrangement would no longer satisfy the
selection criteria by which the arrangement was initially approved.
F. Manager Review, Council Approval. The Town Manager shall review all
Municipal Sponsorship, Co -Sponsorship, Sole Sponsorship and Marketing Arrangement
proposals and shall submit to the Town Council for approval all Municipal Sponsorship, Co -
Sponsorship, Sole Sponsorship or Marketing Arrangement Agreements (1) with an aggregate
value greater than $50,000, (2) involving Town contributions, whether in cash or as an In -Kind
Contribution greater than $50,000, (3) involving a request to close public access to a Town -
owned facility for more than one day, (4) involving events lasting longer than one week
(including set-up and take -down) and (5) all agreements involving Facility Naming Rights,
Municipal Sponsorship, Co -Sponsorship, Sole Sponsorship or Marketing Arrangement
Agreements not identified in clauses (F)(1)-(5) above may be approved by the Town Manager.
G. Record Financial Transaction. In the event a Municipal Sponsorship is
received as an In -Kind Contribution of goods or services, the Finance Division shall create and
retain a record of that donation and any associated revenue or expense to the Town to document
the financial transaction to the Town.
7. Co -Sponsorship Requests. The Town actively supports the efforts of
organizations, other governmental agencies and Sister Agencies whose events are (i) held in
Town parks and Facilities and (ii) further Town core program goals and services. Such support
may include fee waivers, reduced fees, reduced rental charges and Co -Sponsorship. All permit
fee waivers and reductions, reduced Facility rentals and Co -Sponsorship agreements must
comply with the guidelines and procedures set forth below.
21897984
7
A. Fees. The Town charges everyone a fee to permit and have priority use of
any park, amenity, stage or recreation Facility. This fee is to cover extra operational expenses
associated with the use or event and to guarantee the space for the permittee. Fees are based
upon the purpose and size of the event. Additional fees are charged as set forth in the Town's
fee schedule.
B. General Requirements for Reduced Fees. The determination as to fee
reductions shall be made by the Town Manager or the Town Council, with the authority for such
review determined according to the limitations set forth in Subsection 6(F) above. Fees for
specific groups may be reduced as set forth in Subsections 7(C) - (F) below. All requests for
reduced fees shall be evaluated with the following considerations:
(1) The impact on Town staff time.
(2) The impact on Town volunteer resources.
(3) The number of events submitted per organization or promoter.
(4) The dollar value of the fee reduction.
(5) The organization or promoter's performance with prior events,
including financial reports and event outcomes. The Town may also consider the
organization or promoter's overall good standing within the community.
C. Reduced. Fees for Nonprofit Organizations. Events sponsored and
sanctioned by Nonprofit Organizations (as opposed to simply partnering or associating with a
Nonprofit Organization) may be eligible for reduced or waived fees. Nonprofit Organizations
applying for a Town permit or Facility rental may be granted a reduction in fees if the following
criteria are met:
(1) At the time of the request for reduced fees, the Nonprofit
Organization provides a copy of the determination letter from the IRS granting the
Nonprofit Organization tax-exempt status.
(2) The mission of the Nonprofit Organization does not conflict with
the Town's regulations, mission or policies.
(3) The majority of event proceeds distributed by the organizer will be
distributed to entities within the Town of Fountain Hills.
(4) The proposed event is unique and distinct, with the potential to
bring positive publicity to the Town.
(5) All necessary applications and related materials have been
provided to the Town for required permits.
21897984
(b) The Nonprofit Organization permit -holder must remain responsible
for damage fees and other costs, including, but not limited to, general liability insurance,
police coverage, player/team fees, electrical fees, lights, overnight security, concessions,
toilet/trash service agreements, fencing and any other additional needs and agreements
pertaining to the event. Damage deposits are never waived for events conducted by
organizations from outside of Fountain Hills. Events at the Desert Vista Skate Park
require an additional damage deposit in addition to the regular park permit procedure.
(7) Except for Municipal Sponsorship Agreements, any fee reductions
for athletic field permits should be limited to youth tournaments and events only. Youth
programs must be based in Fountain Hills and primarily serve Fountain Hills residents.
The permit -holder is responsible for the damage deposit and any athletic field light fees.
In addition to the requirements set forth above, the following will receive favorable consideration
and are highly preferred:
(1) Expected attendance of more than 500.
(2) Events that are free and open to the public or for which Fountain
Hills residents are provided discounts or priority pricing.
(3) Innovative regional marketing.
(4) Events that generate overnight stays in Fountain Hills.
(5) The Nonprofit Organization is based in Fountain Hills.
D. Reduced Fees for Commercial or Private Promoter Events. If the
organizing body is a commercial, private, or other for -profit venture, the following criteria will
be used to evaluate a potential fee waiver. Please note: the criteria below are intended to be
minimum, but not complete, standards for the Town to consider a fee waiver; only events that
meet or exceed the following minimums will be considered:
(1) Events that provide national, regional or state-wide exposure for
the Town and draw participants from those locations.
(2) Events with expected attendance of 2,000 or more.
(3) Events that are unique and distinct, with the potential to bring
positive publicity to the Town.
(4) Events that have a definable and measurable benefit to the Town
including, but not limited to, marketing exposure, sales tax revenue and overnight stays.
(5) The event/program should be open to the public.
2199798.4
(6) The event/program should support the Town's core recreation
programs, mission and goals.
involvement.
(7) The event/program should demonstrate community pride and
(8) The event/program should not have a religious or political purpose.
(9) Priority should be given to events/programs that support or
positively impact youth.
(10) The sponsoring organization should clearly recognize the Town as
a co-sponsor (including logo) on all materials and announcements associated with the
event or program, subject to the Town's prior, written approval of the use of the Town
logo or trademarks. The Town may display its banners at all co -sponsored events.
E. Reduced Fees for New Events. Fountain Hills is an event-fricndly
destination; as such, the Town solicits and supports new event opportunities. The Town looks to
nurture events that have long term potential for creating a positive impact for both the event
organizers and Fountain Hills. First time events often face financial difficulties with startup
costs and other initial expenses, and the Town recognizes the value of helping an event find its
footing. The Town has developed a tiered system for all event organizers requesting in -kind
support for new events. It is the expectation that events become self-supporting after this three
year support cycle.
(1) Year One: if approved, first year events may receive a fee waiver
of up to 100% of Town costs.
(2) Year Two: if approved, second year events may receive a fee
waiver of up to 50% of Town costs.
(3) Year Three: if approved, third year events may receive a fee
waiver of up to 25% of Town costs.
All applicants will be required to submit: (i) a detailed description of the event; (ii) a pre -event
schedule, budget and marketing plan; and (iii) a detailed description of the fees requested to be
waived, in -kind contributions to be made by the Town or accommodations to be made by the
Town or others. Following the event, recipients are required to submit a post -event financial
assessment. Events will not be automatically "renewed" for subsequent years; an application
must be submitted for annual review and approval. Fee waiver decisions will be made by the
person/entity designated in Subsection 6(F) above.
F. Legacy Events. Fountain Hills hosts several events annually that are
recognized as pillars in the Fountain Hills Special Event Calendar. These events have long
standing reputations in our community and have established an event foundation for residents
and guests alike. Due to their long track records of success, these events will have the privilege
of operating under the guidelines listed below. "Legacy" status is based upon continuous,
21897984
10
consistent operation by the same entity or organization. If any established "Legacy Event"
changes dates, format, impact area, organizer, or other significant component, Legacy status will
be suspended until a review of the special event can be completed by the Special Event
Committee and the Town Manager. Legacy status may also be forfeited.
(1) Rental fees for Town property will be waived for Legacy Events,
however all permits, rental costs, and other incurred fees must be paid by the organizer.
(2) Legacy Events will still be required to follow all Town Code
guidelines for Special Events, including permits, deadlines, traffic control requirements,
security, alcohol service, etc. Participating vendors will be required to abide by Fountain
Hills Business License requirements. Proceeds from Legacy Events must remain with or
be distributed to entities within Fountain Hills.
(3) Identified Legacy Events are:
Fountain Festival: Organized by the Fountain Hills Chamber of
Commerce; held annually on the second full weekend of
November; Thursday- Sunday format.
The Great Fair: Organized by the Fountain Hills Chamber of
Commerce; held annually on the last full weekend of February;
Thursday- Sunday format.
Oktoberfest: Organized by Fountain Events, Inc.; held annually on
the last weekend of September; Friday and Saturday evening
format.
St. Patrick's Day Celebration: Organized by Fountain Events, Inc.;
held annually on the Sunday before March 17.
G. Requests for Co -Sponsorship of Other Governments and Sister Agencies.
(1) If another governmental entity or Sister Agency (i.e. Fountain Hills
Unified School District or Fountain Hills Sanitary District) is only a supporting sponsor
for another outside organization, that other outside organization still must apply for Town
Co -Sponsorship.
(2) If another governmental entity or Sister Agency is the primary
organizer for a public program or event, generally the Town will grant a request to be a
co-sponsor. Like sponsorship of outside organizations, the governmental entity or Sister
Agency still is responsible for all other costs associated with the program or event.
(3) The governmental entity or Sister Agency holding the program or
event must clearly acknowledge the Town as a co-sponsor on all written materials
associated with the event, subject to the Town's prior, written approval of any use of the
Town logo or trademarks.
218979S.A
2189798.4
8. Facili1y Naming General Policies.
A. Recommendations to Other Bodies. This Policy should be followed in
reviewing or preparing the Town's official comments or recommendations to State, Federal,
and/or intergovernmental boards taking actions regarding geographic names, naming or
renaming of Facilities or Streets.
B. Town Request: Town Council Consideration. The Mayor, three members
of the Town Council, or the Town Manager may request the naming or renaming of a Facility or
a Street. Thereafter, the Town Council shall discuss the requested renaming at a public meeting.
C. Bond -Financed Facilities or Streets. If a bond -financed Facility or Street
is proposed or requested to be named or renamed, bond counsel must review and approve the
request or proposal before consideration at a Town Council meeting.
D. Public Notice. The Town Council shall provide appropriate public notice
of any Street or Facility naming actions in conjunction with other agenda items for regularly -
scheduled meetings.
E. Changes to Approved Names. Once a name has been officially approved
by the Town Council, changes should be strongly resisted.
F. Town Council Discretion. In all cases, the Town Council reserves the
right to accept or reject any proposal to name or rename a Street or Facility, in its sole discretion.
G. Town Manager Duties. The Town Manager, upon approval of the naming
or renaming action by the Town Council, shall implement names or name changes of Facilities
or Streets. The Town Manager shall notify those who have submitted the suggestion as well as
other appropriate offices and agencies. Upon Town Council denial of a name or name change,
the Town Manager shall notify those who requested the name change.
9. Facility Naming Criteria.
A. For Facilities and Streets Generally. Recognizing that the naming or
renaming of a Facility or Street should be approached cautiously with forethought and
deliberation, the following criteria are hereby established:
(1) To avoid duplication, confusing similarity or inappropriateness, the
Town Council, in considering name suggestions, shall review existing Facility and/or
Street names, as applicable.
(2) In naming Facilities and Streets, consideration shall be given to
geographic location, historical or cultural significance and natural or geological features.
In the construction of a Facility, the address designation shall be used until the formal
naming of the Facility. Whenever possible, naming shall be made prior to the completion
of construction of a Facility or Street.
21897984
13
(3) Facilities and Streets may be named only for a deceased individual
or individuals if (i) the individual or individuals has/have enhanced the quality of life
within the Town and (ii) two years or more has elapsed between the consideration for
naming and the time of death of the individual or, in the case of related individuals, two
years after the death of one of the individuals. The deceased individual shall have
performed outstanding service in one or more of the following categories:
(a) Maintained involvement in a leadership role in civic
organizations that are devoted to community improvement.
(b) provided assistance to the underprivileged, economically
disadvantaged or physically and/or mentally handicapped.
(c) Actively promoted and directed community events and
activities that have clearly added to the enrichment of the quality and quantity of cultural
life within the community.
(d) Actively promoted and implemented effective programs
and activities within the community for the Town's youth.
(e) Actively promoted and implemented effective programs
and activities within the community for the Town's senior citizens.
(f) Assumed an active leadership role in developing and
implementing programs directed to the improvement of the visual aesthetic appearance of
the community at the commercial, public or residential level.
(g) Assumed an active leadership role in developing programs
and Facilities directed toward the improvement of community social and health needs as
well as programs directed toward humanitarian purposes.
B. Additional Criteria Applicable to Streets. In considering the renaming or
naming of a Street, the Town Council shall consider the following:
(1) Street names, plats, specific sites and places and natural features
indicated on general usage maps for 50 years or more (age criteria applied by the
National Register of Historic Places) should be changed only under exceptional
circumstances. Street names shall not be similar in spelling or pronunciation to a
presently -existing major collector or arterial road in the Phoenix Metropolitan area. No
Street shall be named by number only according to the street numbering grid (i.e. 150th
Street) unless the Street follows a straight north -south alignment.
(2) Attention should be paid to maintaining sequential, numerical and
alphabetical naming patterns when considering any Street name changes or additions.
All Streets shall be named and numbered consistently with the County -wide street
numbering system and no such name or change of name shall take effect until (a) the
affected public safety agencies have been notified and (b) all impacted public safety
21897984
14
dispatch maps have been amended. Any extensions of presently -existing Streets within
or into the Town shall bear the same name as the existing roadway. No Street name shall
contain a homonym.
(3) New Streets shall be named according to the following guidelines:
(a) In most cases, the Street name will be proposed by the
property owner, reviewed by the Town staff and approved by the Town Council as part of
its consideration of a final plat for a development within the Town.
(b) If an unnamed private Street is dedicated to the Town, the
name may be suggested by the property owners thereon, but the Town Council shall
make the final determination.
(4) No Street shall be renamed unless:
(a) The new Street name is not one already well-known in the
Phoenix metropolitan area.
(b) There are no (or very few) buildings or other addressed
Facilities presently existing along the Street.
(c) The new Street name will not be confused with other
existing Streets in the Town.
(d) The new Street name shall not be the same as a specific
living person within the Phoenix Metropolitan area.
C. Historical Reference. Changes of names for Facilities or Streets should be
approved only when they do not violate historical or common usage names. Facilities and
Streets may be named after research reveals that the area around the Facility or Street has been
commonly, yet unofficially, named by the residents in the area.
D. Donor Namine. Facilities and Streets may be permanently named for an
individual (alive or deceased), organization, or business if that individual, organization or
business has made a donation of money, land or other goods and/or services to the Town equal to
at least half the full cost of the Facility or Street, either for purposes of developing a particular
Facility or Street or for the Town's Capital Fund. Such arrangements will be called "Permanent
Naming." Permanent Naming proposals that are not in accordance with Section 4 of this Policy
shall not be considered.
21897984
15
2019 Event and Rental Fees Waived by Agreement and Sponsorship
Special Events
Waiver, Sponsorship,
Event Name
Agreements
Total Event Cost
Total Fees Paid
Total Fees Waived
Total Fees Waived
Chamber of Commerce
$ -
Fall Festival- Chamber of Commerce
Legacy
$
11,325.00
$ 125.00
$ 11,200.00
Spring Festival- Chamber of Commerce
Legacy
$
11,325.00
$ 125.00
$ 11,200.00
Oktoberfest- Chamber of Commerce
Legacy
$
7,075.00
$ 75.00
$ 7,000.00
Thanksgiving Day Parade
No Agreement
$
3,275.00
$ 75.00
$ 3,200.00
Stroll in the Glow -Chamber of Commerce
No Agreement
$
3,275.00
$ 75.00
$ 3,200.00
$ 35,800.00
Kern Entertainment -Balloon Glow
No Agreement
$
2,575.00
$ 75.00
$ 2,500.00
Chabad of Fountain Hills-Chanuakah
No Agreement
$
475.00
$ 75.00
$ 400.00
Next Generation Disc Golf
No Agreement
$
1,475.00
$ -
$ 1,475.00
Memorial Championship
No Agreement
$
7,750.00
$ 100.00
$ 7,650.00
FH Disc Golf Club
No Agreement
$
2,550.00
$ 50.00
$ 2,500.00
FH Disc Golf Club
No Agreement
$
2,325.00
$ 75.00
$ 2,250.00
ADOG
No Agreement
$
450.00
$ 50.00
$ 400.00
Love in the Hills
No Agreement
$
900.00
$ 100.00
$ 800.00
$ 17,975.00
Besent Mela Kite Festival
4 Year Tiered Agreement
$
2,575.00
$ 625.00
$ 1,950.00
Magic Bird Artisan- March
4 Year Tiered Agreement
$
7,750.00
$ 2,125.00
$ 5,625.00
PACC 911
4 Year Tiered Agreement
$
2,575.00
$ 75.00
$ 2,500.00
Magic Bird Festivals
4 Year Tiered Agreement
$
8,450.00
$ 2,125.00
$ 6,325.00
$ 16,400.00
Halloween in the Hills
Town Partnership
$
2,500.00
$ -
$ 2,500.00
Concours in the Hills
Town Partnership
$
14,850.00
$ 7,513.00
$ 7,337.00
Dark Sky Association
Town Partnership
$
2,575.00
$ 75.00
$ 2,500.00
$ 12,337.00
Thunderbird Artists
Fee Waiver Agreement
$
10,750.00
$ 2,495.00
$ 8,255.00
$ 8,255.00
FH High School Homecoming Parade
Intergov Agreement
$
750.00
$ -
$ 750.00
FH High School Cross Country Tournament
Intergov Agreement
$
2,500.00
$
$ 2,500.00
FH High School Graduation
Intergov Agreement
$
7,500.00
$
$ 7,500.00
$ 10,750.00
Art on the Avenue
Contract
$
18,750.00
$ 1,137.00
$ 17,613.00
Farmer's Market
Contract
$
15,750.00
$ 1,137.00
$ 14,613.00
$ 32,226.00
Mountain to Fountain
No Fee Waiver
$
875.00
$ 875.00
$ -
National MS Society
No Fee Waiver
$
950.00
$ 950.00
$ -
Total Special Events
$
153,875.00
$ 20,132.00
$ 133,743.00
$133,743.00
Community Center
Organization/Group
Total Rental Cost
Total Paid
Total Waived
Total Fees Waived
FHCCA Affiliated Groups
Public Art Committee
FHCCA
$
408.00
$
$ 408.00
FHCCA General Board Meeting
FHCCA
$
408.00
$
$ 408.00
Community Garden
FHCCA
$
510.00
$
$ 510.00
Community Chorus Practices
FHCCA
$
2,346.00
$
$ 2,346.00
Dark Skies
FHCCA
$
408.00
$
$ 408.00
Community Chorus Board Meetings
FHCCA
$
340.00
$
$ 340.00
Dark Skies Fest Beakout Rooms
FHCCA
$
425.00
$
$ 425.00
Vision Fountain Hills
FHCCA
$
-
$
$ -
Community Chorus Concerts
FHCAA
$
5,184.00
$
$ 5,184.00
Community Band
FHCAA
$
1,728.00
$
$ 1,728.00
Dark Skies Fest
FHCCA
$
2,200.00
$
$ 2,200.00
Leadership Academy
FHCCA
$
648.00
$
$ 648.00
ChoirFest
FHCAA
$
864.00
$
$ 864.00
$
15,469.00
$
$ 15,469.00
50% discount for > 6 reservations
$
(5,312.00)
$
$ (5,312.00)
$ 10,157.00
Non-FHCCA Affiliated Groups
FH Soccer Club BOD meetings
No Agreement
$
102.00
$
$ 102.00
Sonoran Conservancy
No Agreement
$
272.00
$
$ 272.00
FH Women's Club
No Agreement
$
340.00
$
$
340.00
Botanical Garden
No Agreement
$
238.00
$
$
238.00
Astroscience Discovery Center Unveiling
No Agreement
$
288.00
$
$
288.00
Purple Heart Day
No Agreement
$
576.00
$
$
576.00
Veteran Color Guard Practices
No Agreement
$
1,584.00
$
$
1,584.00
Kiwanis Club Breakfast with Santa
No Agreement
$
864.00
$
$
864.00
$ 4,264.00
Sister Cities
Sister Cities Adv Comm
$
408.00
$
$
408.00
FH Crisis Response Team
Town Sponsorred
$
476.00
$
$
476.00
Kiwanis Club Blood Drives
Town Sponsored
$
2,040.00
$
$
2,040.00
Mayor's State of the Town
Town Sponsored
$
864.00
$
$
864.00
$ 3,788.00
High School Choir Concert
Intergov Agreement
$
864.00
$
$
864.00
FH High School Band
Intergov Agreement
$
864.00
$
$
864.00
FH High School Senior Recognition
Intergov Agreement
$
864.00
$
$
864.00
FH High School Athletic Booster
Intergov Agreement
$
288.00
$
$
288.00
FH High School Baseball Banquet
Intergov Agreement
$
144.00
$
$
144.00
$ 3,024.00
Total Community Center
$
21,233.00
$
$
21,233.00
$ 21,233.00
Parks & Sports Fields
Organization/Group
Total Cost
Total Paid
Total Waived
FH Little League
No agreement
$
31,319.00
$
31,319.00
FH Soccer Club
No agreement
$
11,591.00
$
11,591.00
$ 42,910.00
Boys and Girls Club
Professional Service Agreemen
$
2,073.00
$
2,073.00
$ 2,073.00
FH Unified School District
Intergov Agreement
$
4,498.00
$
4,498.00
$ 4,498.00
Total Parks & Sports Fields
$
49,481.00
$ -
$
49,481.00
$ 49,481.00
Total All Types $ 224,589.00 $ 20,132.00 $ 204,457.00 $ 204,457.00
2019 Event and Rental Fees Waivers
Special Events
Event Name
Tour De Scottsdale
Sami's Jewelry
Halloween in the Hills (TOWN PARTNERSHIP)
Love in the Hills
Chamber of Commerce
Fall Festival
Spring Festival
Oktoberfest
Thanksgiving Day Parade (TURKEY TROT PAYS CLOSURES)
Stroll in the Glow
Next Generation Disc Golf
Kern Entertainment -Balloon Glow
Chabad of Fountain Hills-Chanuakah
Magic Bird Festivals
Concours in the Hills (TOWN IN -KIND CONTRIBUTION)
FH Disc Golf Club
FH Disc Golf Club
Memorial Championship
Mountain to Fountain
Thunderbird Artists (FH RESIDENTS -NO ENTRY FEE)
Besent Mela Kite Festival
Magic Bird Artisan- March
PACC 911
Dark Sky Association
ADOG
National MS Society
Art on the Avenue (TOWN -INITIATED EVENT CONTRACT)
Farmer's Market (TOWN -INITIATED EVENT CONTRACT)
FH High School Homecoming Parade (Intergov Agreement)
FH High School Cross Country Tournament (Intergov Agreement)
FH High School Graduation (Intergov Agreement)
Total Special Events
Community Center
Organization/Group
FHCCA Affiliated Groups
Meeting Rooms:
Public Art Committee
FHCCA General Board Meeting
Community Garden
Community Chorus Practices
Dark Skies
Community Chorus Board Meetings
Dark Skies Fest Beakout Rooms (TOWN SPONSORED)
Vision Fountain Hills
Total Event Cost
Total Fees Paid
Total Fees Waived
$
825.00
$
825.00
$
$
2,500.00
$
-
$
2,500.00
$
900.00
$
100.00
$
800.00
$
11,325.00
$
125.00
$
11,200.00
$
11,325.00
$
125.00
$
11,200.00
$
7,075.00
$
75.00
$
7,000.00
$
3,275.00
$
75.00
$
3,200.00
$
3,275.00
$
75.00
$
3,200.00
$
1,475.00
$
-
$
1,475.00
$
2,575.00
$
75.00
$
2,500.00
$
475.00
$
75.00
$
400.00
$
8,450.00
$
2,125.00
$
6,325.00
$
14,850.00
$
7,513.00
$
7,337.00
$
2,550.00
$
50.00
$
2,500.00
$
2,325.00
$
75.00
$
2,250.00
$
7,750.00
$
100.00
$
7,650.00
$
875.00
$
875.00
$
-
$
10,750.00
$
2,495.00
$
8,255.00
$
2,575.00
$
625.00
$
1,950.00
$
7,750.00
$
2,125.00
$
5,625.00
$
2,575.00
$
75.00
$
2,500.00
$
2,575.00
$
75.00
$
2,500.00
$
450.00
$
50.00
$
400.00
$
950.00
$
950.00
$
-
$
18,750.00
$
1,137.00
$
17,613.00
$
15,750.00
$
1,137.00
$
14,613.00
$
750.00
$
-
$
750.00
$
2,500.00
$
$
2,500.00
$
7,500.00
$
$
7,500.00
$
143,950.00
$
20,957.00
$
122,993.00
Total Rental Cost Total Paid Total Waived
$
408.00
$
$
408.00
$
408.00
$
$
408.00
$
510.00
$
$
510.00
$
2,346.00
$
$
2,346.00
$
408.00
$
$
408.00
$
340.00
$
$
340.00
$
425.00
$
$
425.00
$
4,845.00
$
- $
4,845.00
BallRooms:
Community Chorus Concerts
Community Band
Dark Skies Fest (TOWN SPONSORED)
Leadership Academy (TOWN SPONSORED)
ChoirFest
Vision Fountain Hills (TOWN SPONSORED)
50% discount for > 6 reservations
Non-FHCCA Affiliated Groups
Meeting Rooms:
FH Soccer Club BOD meetings
Sister Cities
Botanical Garden
FH Crisis Response Team
Kiwanis Club Blood Drives
Sonoran Conservancy
FH Women's Club
BallRooms:
High School Choir Concert
FH High School Band
FH High School Senior Recognition
FH High School Athletic Booster
FH High School Baseball Banquet
Kiwanis Club Breakfast with Santa
Mayor's State of the Town (TOWN SPONSORED)
Astroscience Discovery Center Unveiling
Purple Heart Day
Veteran Color Guard Practices
Total Community Center
Leased Buildings/Areas
Kiwanis Bldg Lease (Pays Utilities & Interior Maintenance)
Community Garden (Pays Water)
Parks & Sports Fields
Organization/Group
FH Little League
FH Soccer Club
Boys and Girls Club
FH Unified School District
Total Parks & Sports Fields
Total All Types
$
5,184.00
$ $
5,184.00
$
1,728.00
$ $
1,728.00
$
2,200.00
$ $
2,200.00
$
648.00
$ $
648.00
$
864.00
$ $
864.00
$
10,624.00
$ $
10,624.00
$
(5,312.00)
$ $
(5,312.00)
$
5,312.00
$ - $
5,312.00
$
102.00
$
$
102.00
$
408.00
$
$
408.00
$
238.00
$
$
238.00
$
476.00
$
$
476.00
$
2,040.00
$
$
2,040.00
$
272.00
$
$
272.00
$
340.00
$
$
340.00
$
3,876.00
$
- $
3,876.00
$
864.00
$
$
864.00
$
864.00
$
$
864.00
$
864.00
$
$
864.00
$
288.00
$
$
288.00
$
144.00
$
$
144.00
$
864.00
$
$
864.00
$
864.00
$
$
864.00
$
288.00
$
$
288.00
$
576.00
$
$
576.00
$
1,584.00
$
$
1,584.00
$
7,200.00
$
- $
7,200.00
$ 21,233.00 $ - $ 21,233.00
TBD
TBD
Total Cost
Total Paid
Total Waived
$ 31,319.00
$
31,319.00
$ 11,591.00
$
11,591.00
$ 2,073.00
$
2,073.00
$ 4,498.00
$
4,498.00
$ 49,481.00 $ - $ 49,481.00
$ 214,664.00 $ 20,957.00 $ 193,707.00