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ITEM 7.d. TOWN OF FOUNTAIN HILLS STAFF REPORT Meeting Date: 3/9/2026 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 Ordinance 26-06 amending Zoning Ordinance Chapters 1, Introduction, 2, Procedures, and 19, Architectural Review Standards, to provide for murals on the side of buildings. 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 installation of murals on the exterior of buildings in the town. The Community Economic Development Strategy and the Downtown Strategy both contain implementation strategies for placemaking. The utility box murals have 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 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; 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 will be pursued 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. 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 message 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 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 and encourage murals. Concerns range from having too many of them that the Town begins to look cluttered to the content of what might be included in a mural. 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. Met the criteria established in the Town's "Call to Artists" process. 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; 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. Related Ordinance, Policy or Guiding Principle Zoning Ordinance Chapters 1, 2, and 19 Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Following publication of the notice for this agenda item, staff identified one additional provision that needs to be amended that was not included in the notice. The additional change is in Sec. 2.04 A. to establish the requirement for site plan review for existing developments that do not have an approved site plan. In order to add this to the proposed ordinance, a new notice is required. Therefore, the Commission cannot act on this item. New notice will be published for the April Commission meeting. Suggested Motion Because new notice will be published, no action is needed. FISCAL IMPACT Fiscal Impact: Budget Reference: Funding Source: ATTACHMENTS None