Sedona Farmers' Market request for a sign code exemption

SEDONA, AZ (July 23, 2009)- A special meeting of the Sedona City Council on July 21, 2010, was held to consider two issues involving the city's Sign Code. City staff requested the City Council to allow additional temporary on-premise and off-premise signage for businesses located along Airport Road and at the Sedona Airport during construction of the Airport Road traffic light project. This temporary measure was approved by your City Council through October 20, 2010, in an attempt to help mitigate disruptions to business resulting from road construction.

Also under consideration was a second action to direct city staff to craft an amendment to the city's Sign Code to allow an exemption for the Sedona Farmer's Market (SFM) to display a permanent off-premises sign either on the city's right-of-way along Airport Road or on private property.

Several tangential issues were discussed including the display of garage sale signs and real estate open house signs along the ADOT right-of-way in West Sedona. ADOT has an inflexible prohibition against the display of any private or commercial signage, including political signage, in the highway right-of-way that extends 34 feet back from the curb edge in West Sedona. Recently a permit allowing the Elks Club bingo sign on SR89A near Airport Road was revoked by ADOT on the basis that it was originally incorrectly issued in violation of that policy. ADOT's policy prohibiting signage in their right-of-way is also reflected in the city's Sign Code.

The city regularly attempts to enforce the prohibition of signage in the ADOT right-of-way that has angered some community members when their garage signs are removed. The enforcement of Sedona's ordinances, like most cities, is reactive to a complaint. Although enforcement on weekends is problematic because of the city's current budgetary restriction on paying overtime, City staff rightly contends that any "selective" enforcement of any city ordinance is both unfair to the members of the community and may open the door to legal challenges.

There are specific exemptions in the city Sign Code for garage sale signs and several other types of signs that allow for their display on private property and city rights-of-way. Community members desiring to display garage sale signs are encouraged to contact the Community Development Department for an explanation of these exemptions.

Ever since the City of Sedona incorporated in 1988, regulating and prohibiting off-premise signs has been a very important community goal. One of the first ordinances the Sedona City Council adopted was the Sign Code, adopted two days before the City of Sedona assumed zoning jurisdiction from both Yavapai and Coconino Counties.  Over the years, there have been various attempts to modify the Sign Code, however, the many elected City Councils have vigorously resisted any attempt to amend the ordinance.

In May, 2010, the Planning and Zoning Commission approved a five-year conditional use permit for the Sedona Farmers' Market (SFM), a for-profit business entity, to operate at the Sedona Airport on Fridays and Sundays. A condition of the use permit states: "No off-premise signs shall be permitted for this project unless ADOT specifically grants the applicant the ability to place temporary sandwich board signs in the ADOT right-of-way during each event." ADOT has been unwilling to allow such signs in the SR 89A right-of-way resulting in the SFM request for an amendment to the city's Sign Code to allow them to display an off-premises sign.

Your City Council is charged with striking a balance between rights of the individual and the welfare of the city. Concluding that it would be very difficult to carve out a limited off-premise signage exception that would not lead to legal challenges from business entities excluded from the exemption; and that SFM's argument for an exception was not substantially different from any other business entity, your City Council voted not to allow an amendment to the city's Sign Code.

In writing this article, I have reviewed the factual information with City Manager Tim Ernster and members of the city staff to ensure factual correctness.  Please be reminded that any expression of opinion that may be read into this article can only be attributed to me as the author of the article and should not be construed as representing the position or opinion of the City Council.