The Town Council approved a two-year extension to the expiration of rules that regulate the use of temporary A-frame signs and banners for Fountain Hills businesses. However, the extension may not last that long depending on whether a likely upcoming sign ordinance review changes the regulations.

Without the extension the signs would be banned effective Jan. 1.

The vote at the council’s Dec. 18 regular session, the first for a new council just getting down to business, was 5-2. Mayor Ginny Dickey and Councilman Alan Magazine opposed. Dickey said her vote is consistent with her position on the issue from her previous tenure on the council.

“This comes up every two years and we have the same issues with compliance, only to extend [the deadline],” Dickey said.

Town Director of Development Services Bob Rodgers told the council that compliance with the existing rules is poor, but there are few complaints from citizens, which drives enforcement. The town has determined that due to staff limitations, Code Enforcement personnel will only address violations based on complaints or safety concerns.

Rogers said the primary issue with A-frames is they remain out all of the time and are not removed overnight as the rules dictate.

Banners for special sales, grand opening or special events require a permit from the town. Rodgers said 90 percent of the banners on display are not compliant. He said there are currently only three active permits for banners.

Councilman Mike Scharnow also expressed reservations.

“I’m not comfortable with the (sign ordinance) as it is,” Scharnow said. “We need to look at some of these issues.”

He added that he was willing to extend the deadline and allow time for staff and legal to review the ordinance.

Vice Mayor Art Tolis wondered why it is necessary to look again at the sign ordinance, something that has been done about three times in 15 years.

“If there are few complaints, why create problems that don’t exist?” Tolis said.

Town Attorney Aaron Arnson said he is only suggesting a full review to assure that the ordinance can stand up to the level of scrutiny that might come as a result of some recent Supreme Court decisions.

One case in particular involved the Town of Gilbert, which was sued over its sign regulations by a church and lost at the U.S. Supreme Court.

Arnson said nearly all municipalities are considering an ordinance review based on the Gilbert case.

The court has said that municipalities may not use regulations based on content. Arnson said the town will review to assure that any “time, place and manner” restrictions are appropriate.

There is no current timetable in which the council is expected to see a revised version of the sign regulations in the Zoning Ordinance.