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Fountain Hills commission adopts mural rules with Arizona-artist preference and maintenance requirement
Summary
The commission on April 13 amended and approved ordinance 26-06 to establish a mural definition and site-plan review process, exempt murals from a five-color cap, prohibit sign copy and logos, and add contingencies including an Arizona-artist preference and a maintenance/bonding mechanism; commissioners removed a specific size limit and left size decisions to staff or a proposed review body.
The Fountain Hills Planning and Zoning Commission voted April 13 to amend and approve ordinance 26-06, establishing standards and a site-plan modification process for murals on building exteriors.
Director Wesley said the ordinance creates a definition of “mural,” requires administrative site-plan review for exterior building modifications including murals, and exempts murals from the existing five-color maximum in the architectural standards while adding limits (no sign copy or logos, no metallic paint, no new electrical/lighting components, no coverage of doors or windows and no profane or violent imagery). The ordinance requires murals to fit approved town themes and calls for artists to come from a town-selected list of qualified artists.
Commissioners asked whether the ordinance would face legal risk under Supreme Court precedent on signage; staff said the language is intended to avoid treating murals as commercial signs. Vice Chair Gray also asked how maintenance would be enforced; staff said enforcement would follow existing code processes (notice, time to remedy, and legal remedies if necessary).
Amanda Jacobs, Economic Development Director, described the town’s call-to-artist process and the use of a third-party administrator, saying, “art is in the eye of the beholder,” and noting the town has previously worked with a vendor called Art State Arizona to solicit national and regional artists while emphasizing local themes and practical on-site coordination.
On a motion by Commissioner Coran, the commission added three contingencies: restrict artist submissions to Arizona applicants (a preference the motion specified), develop a maintenance/bonding or protection mechanism to ensure murals remain in good condition, and form a small advisory review body; the commission accepted an amendment to strike a specific size limitation (leaving size and site appropriateness to staff or a future commission) and approved the amended ordinance on a roll‑call vote with all present members voting yes.
The change gives staff an administrative route to review and permit murals while tightening content and maintenance controls; details of artist selection, fees and any matching program will be handled in parallel by Economic Development.
