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Sign enforcement reinstated

Posted 7/4/23

The Town Council has voted to reinstate enforcement of the sign regulations in the Zoning Ordinance for the Town of Fountain Hills. Early this year the newly elected Town Council voted to repeal the …

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Sign enforcement reinstated

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The Town Council has voted to reinstate enforcement of the sign regulations in the Zoning Ordinance for the Town of Fountain Hills. Early this year the newly elected Town Council voted to repeal the existing sign regulations to have them replaced with updated rules. However, in February the council reinstated the ordinance with the caveat that enforcement be limited related to temporary signs until the new ordinance was adopted.

Development Services Director John Wesley said that over the ensuing period staff encountered numerous situations that were difficult to determine the level of enforcement the council desired.

“Staff is now completely enforcing the code as it applies to yard signs and weekend directional signs,” Wesley said.

At its regular meeting in June the Planning and Zoning Commission expressed concern with the possible impact of the proposed changes and they want to better understand how enforcement will be handled before recommending a new ordinance, Wesley said. The commission will not discuss the ordinance again until its September meeting.

“Given that it will still be several months before a new ordinance is in place and given the questions that have been raised regarding the council direction on the level of enforcement desired while we work on the new ordinance,” Wesley said in his report to the council. “This item has been placed on the council agenda to seek further direction and clarification regarding the desired level of temporary sign enforcement.”

The council voted 4-3 to direct staff to reinstate enforcement activities on all aspects of the regulations.

Councilwoman Hannah Toth opposed the motion.

“I thought council was clear on no enforcement,” Toth said.

Wesley said staff reviewed the council discussion and its direction was not clear. He said staff asked about enforcement of some issues.

Interim Town Manager Rachael Goodwin expressed her concern.

“Right now, we are being challenged by citizens, ‘you have an ordinance, why are we not enforcing it,’” Goodwin said. “Staff is left in a no-win situation. Going into the council break we need some clarity.”

“I suggest we go with the vote we had not to enforce until we have a new ordinance,” Toth said.

“That decision was made on the understanding the changes would be made in the short term – by about April,” Mayor Ginny Dickey said. “This road we are on, we have a lot of time without enforcement.”

Councilwoman Brenda Kalivianakis said she recalls the message was fairly clear at the time.

“I have noticed some proliferation (of issues),” she said. “I do recall that I felt it would be done more quickly. I am OK with staff resuming enforcement and setting a date certain.”

The approved motion is to enforce the existing rules until November.