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ITEM 7.c. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 4/13/2026 Meeting Type: Planning and Zoning Commission Regular Meeting Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: Phone: 480-816-5138 Email: jwesley@fountainhillsaz.gov Request to Town Council Regular Meeting (Agenda Language) PUBLIC HEARING, with CONSIDERATION AND POSSIBLE ACTION: Relating to Ordinance 26-06 amending Sections 1.12, and 2.04 A and F; and adding Sec. 19.06 H to provide for site plan modifications and murals. Staff Summary (background) At the December 16, 2025, Town Council meeting, staff presented an item for Council direction regarding the establishment of a Placemaking Strategy for the installation of murals on the exterior of buildings. The Community Economic Development Strategy and the Downtown Strategy both contain implementation strategies for placemaking. The current utility box murals program has drawn a lot of attention to this idea and staff has received interest from several businesses and property owners regarding painting murals on buildings. Over the last several years, multiple business owners have expressed interest in murals on their buildings and have approached the Town with various proposals, including: • Donating a wall for a Town-installed mural; • Donating a wall and splitting the mural installation costs 50/50 with the Town; and, • Fully funding a private mural installation (100% paid by the business or property owner). In response to this, the Council directed staff to further explore what steps need to be taken to implement this portion of the strategy to ensure that murals painted on buildings will enhance the image and character of the town. Staff has identified two basic steps that are required to accomplish this goal: 1) establish a policy on murals for Town participation, and 2) amend the zoning ordinance to provide for and place basic standards on the installation and maintenance of murals. Under current zoning provisions, the Town does not regulate installation of murals or have the means to review repainting a building unless specific paint colors were approved during site plan review. Further, the adopted Architectural Review Standards limit the number of colors that can go on a building. After reviewing the zoning ordinance, it has been determined that changes should be made to three sections of the ordinance: Definitions, Site Plan Amendments, and Architectural Review Standards in order to regulate installation of murals. Unless the proposed changes to the zoning ordinance are adopted, murals can be painted on most buildings in town without any oversight or review by the Town. Proposed Ordinance Provisions The first item needed is a definition of mural. After reviewing language in other ordinances, staff is proposing the following definition be added to Sec. 1.12: Mural: A non-commercial picture, scene, or diagram displayed on the exterior of a building through application of paint, canvas, tile, panels or similar materials, generally for the purposes of decoration or artistic expression, including but not limited to painting, fresco, or mosaic. Section 2.04 of the Zoning Ordinance establishes the requirement for site plan review and approval. As part of the site plan review process, the applicant is to provide a color pallet for how the building will be painted as well as a color elevation. It is through this means that the Town has the opportunity to review the exterior treatment of a building and respond to those design choices. There is nothing in the ordinance today that would prohibit a person from choosing to paint a mural on their building. Section 2.04 A 2 states what types of development require site plan review prior to consideration of a building permit. This section is being expanded to make it clear that redevelopment would include modifications to the exterior of the building. This will give us clear authority to require Town review prior to repainting a building for a mural where a site plan currently does not exist. Section 2.04 F establishes the criteria for site plan modifications. There is nothing in the current list of modifications that addresses changes to paint colors or other similar changes to the exterior of the building. In order to provide oversight of changes to existing buildings, staff is proposing that an additional provision be added as follows: F. Changes to paint colors, materials, themes, or exterior treatment of the facade. There has been some concern with this change to Town policies and ordinance to provide for murals. Concerns range from having too many murals that the Town begins to look cluttered to the content of what might be included in a mural. Again, there is nothing in the ordinances today that would prohibit a mural from being painted on a building. There are free speech questions that can be raised. The following is being proposed as an addition to Chapter 19 to allow murals in a controlled manner: H. Murals. Murals as defined in Sec. 1.12 are permitted. A mural may use more than the five colors as stated in Sec. 19.06 B. 1. Murals must: a. Fit with and complement the architecture and other design elements of the building; b. Fit the context of the area; and, c. Utilize the design themes in the Town's most recently approved "Call to Artists" program. 2. Murals cannot: a. Cover doors and windows; b. Use metallic paint, reflectors, rotating lights, or lights pointing toward the street; c. Contain new electrical or lighting components; d. Contain profane, gory, or violent material; e. Contain words, except the artist's name in a lower corner of the mural; f. Contain people or images of people; g. Extend beyond the surface of the building wall or have materials that fasten to the wall; h. Contain sign copy or logos. A mural shall be considered a wall sign or commercial message and subject to the requirements of Chapter 6, Sign Regulations, if it contains words, logos, trademarks or graphic representations of any person, product or service for the purpose of advertising or identifying a business; or, i. Be installed on a designated historic property. 3. Murals must be maintained in good condition and repainted as needed to repair damage and avoid becoming faded. 4. Artists used to paint murals on the exterior of buildings must be selected from the Town's list of pre-qualified artists. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Chapter 1, Introduction Zoning Ordinance Chapter 2, Site Plan Review Regulations Zoning Ordinance Chapter 19, Architectural Review Standards Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) In order to be able to regulate the painting of murals on the exterior of buildings, staff recommends adoption of Ordinance 26-06. Suggested Motion MOVE TO recommend adoption of Ordinance 26-06. FISCAL IMPACT Fiscal Impact: Budget Reference: Funding Source: ATTACHMENTS 1. Ordinance 26-06 2. Call to Artist Program