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HomeMy WebLinkAboutAGENDApacket__09-11-23_0310_523       NOTICE OF MEETING REGULAR MEETING FOUNTAIN HILLS PLANNING AND ZONING COMMISSION      Chairman Peter Gray  Vice Chairman Scott Schlossberg Commissioner Patrick Dapaah Commissioner Clayton Corey Commissioner Susan Dempster Commissioner Dan Kovacevic Commissioner Rick Watts    TIME:6:00 P.M. – REGULAR MEETING WHEN:MONDAY, SEPTEMBER 11, 2023 WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s Council,  various Commission, Committee or Board members may be in attendance at the Commission meeting. Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Commission are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. §1-602.A.9 have been waived.    REQUEST TO COMMENT   The public is welcome to participate in Commission meetings. TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back of the Council Chambers, and hand it to the Executive Assistant prior to discussion of that item, if possible. Include the agenda item on which you wish to comment. Speakers will be allowed three contiguous minutes to address the Commission. Verbal comments should be directed through the Presiding Officer and not to individual Commissioners. TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and agenda item, and hand it to the Executive Assistant prior to discussion, if possible.   REGULAR MEETING        1.CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE – Chairman Gray     2.ROLL CALL – Chairman Gray     3.CALL TO THE PUBLIC Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the agenda. Any such comment (i) must be within the jurisdiction of the Commission, and (ii) is subject to reasonable time, place, and manner restrictions. The Commission will not discuss or take legal action on matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action. At the conclusion of the Call to the Public, individual commissioners may (i) respond to criticism, (ii) ask staff to review a matter, or (iii) ask that the matter be placed on a future Commission agenda.     4.CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning Commission August 14, 2023.     5. CONSIDERATION AND POSSIBLE ACTION of Appointing a Chairperson to the Planning and Zoning Commission.      6.CONSIDERATION AND POSSIBLE ACTION: Appointing a Vice Chairperson to the Planning and Zoning Commission.      7.PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Ordinance 23-04, repealing and replacing Zoning Ordinance Chapter 6, Sign Regulations.      8.COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.    9.SUMMARY OF COMMISSION REQUESTS from Development Services Director.    10.REPORT from Development Services Director.    11.ADJOURNMENT       Planning and Zoning Commission Meeting of September 11, 2023 2 of 3   CERTIFICATE OF POSTING OF NOTICE   The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed by the Planningand Zoning Commission with the Town Clerk.     Dated this ______ day of ____________________, 2023. _____________________________________________  Paula Woodward, Executive Assistant The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the Commission with this agenda are available for review in the Development Services' Office. Planning and Zoning Commission Meeting of September 11, 2023 3 of 3   ITEM 4. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/11/2023 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: Paula Woodward, Executive Assistant Staff Contact Information: Paula Woodward, Executive Assistant Request to Planning and Zoning Commission (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning Commission August 14, 2023. Staff Summary (Background) The intent of approving meeting minutes is to ensure an accurate account of the discussion and action that took place at the meeting for archival purposes. Approved minutes are placed on the Town's website and maintained as permanent records in compliance with state law.   Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approving the meeting minutes of the regular meeting minutes of the Planning and Zoning Commission August 14, 2023.   SUGGESTED MOTION MOVE to approve the regular meeting minutes of the Planning and Zoning Commission August 14, 2023. Attachments Meeting Minutes Summary  Planning and Zoning Commission August 14, 2023 1 of 2 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION August 14, 2023 1. CALL TO ORDER, PLEDGE OF ALLEGIANCE AND MOMENT OF SILENCE Chairman Gray called the Regular Meeting of the Fountain Hills Planning and Zoning Commission held on August 14, 2023, to order at 6:00 p.m. and led the Commission and audience in the Pledge of Allegiance and Moment of Silence. 2. ROLLCALL Commissioners Present: Chairman Peter Gray: Vice Chairman Scott Schlossberg; Commissioner Clayton Corey (telephonically); Commissioner Dapaah; Commissioner Dan Kovacevic; Commissioner Rick Watts Commissioners Absent: Commissioner Susan Dempster Staff Present: Development Services Director John Wesley and Executive Assistant Paula Woodward 3. CALL TO THE PUBLIC No one from the public spoke. 4. CONSIDERATION AND POSSIBLE ACTION: approving the regular meeting minutes of the Planning and Zoning June 12, 2023. MOVED BY Commissioner Watts to approve the regular meeting minutes of the Planning and Zoning Commission June 12, 2023, SECONDED Vice Chairman Schlossberg. Vote: 6 - 0 Unanimously 5. PUBLIC HEARING, CONSIDERATION AND POSSIBLE ACTION: Request for a SPECIAL USE PERMIT to allow up to 7 apartment units in the CC, Common Commercial Zoning District, on three lots totaling 0.27 acres located north of the northwest corner of El Pueblo Boulevard and Ivory Drive (16822, 16828, and 16830 E. Pueblo Blvd). Case #SUP23-000006. The following residents addressed the Commission: Rod Wavembourg Rebecca Ellison MOVED BY Commissioner Watts to recommend the Town Council approve the SPECIAL USE PERMIT for 16822, 16828, and 16830 E. Pueblo Blvd. and request that the applicant work with staff & engineers to lengthen the drive to a minimum of eighteen feet and must pave the alleyway. SECONDED BY Commissioner Kovacevic. Vote: 6 - 0 passed – Unanimously 6. COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. 7. SUMMARY OF COMMISSION REQUESTS from Development Services Director. 8. REPORT from Development Services Director. Planning and Zoning Commission August 14, 2023 2 of 2 9. ADJOURNMENT Chairman Gray adjourned the Regular meeting of the Fountain Hills Planning and Zoning Commission held on August 14, 2023, at 7:22 p.m. PLANNING AND ZONING COMMISSION Chairman Peter Gray ATTESTED AND PREPARED BY Paula Woodward, Executive Assistant CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular Meeting held by the Planning and Zoning Commission, Fountain Hills in the Town Hall Council Chambers on August 14, 2023. I further certify that the meeting was duly called and that a quorum was present. DATED this day of August 15, 2023. Paula Woodward, Executive Assistant ITEM 5. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/11/2023 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: Paula Woodward, Executive Assistant Staff Contact Information: Paula Woodward, Executive Assistant Request to Planning and Zoning Commission (Agenda Language):   CONSIDERATION AND POSSIBLE ACTION  of Appointing a Chairperson to the Planning and Zoning Commission.  Staff Summary (Background) Members of each board and commission shall elect a chair and vice chair from among its own members. Each chair and vice chair shall serve for one year and until such time as a successor is elected. The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The vice chair shall perform the duties of the chair in the chair’s absence or disability. Vacancies created by any cause shall be filled for the unexpired term by a new election. (19-15, Added, 09/03/2019) The Fountain Hills Town Code is current through Ordinance 20-27, passed December 1, 2020. Disclaimer: The town clerk’s office has the official version of the Fountain Hills Town Code. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above. Related Ordinance, Policy or Guiding Principle Risk Analysis Recommendation(s) by Board(s) or Commission(s) Staff Recommendation(s) SUGGESTED MOTION MOVE to appoint _________ to serve as Chairman for one year, effective September 11, 2023 through August 31, 2024. ITEM 6. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/11/2023 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: Paula Woodward, Executive Assistant Staff Contact Information: Paula Woodward, Executive Assistant Request to Planning and Zoning Commission (Agenda Language):  CONSIDERATION AND POSSIBLE ACTION: Appointing a Vice Chairperson to the Planning and Zoning Commission.  Staff Summary (Background) Members of each board and commission shall elect a chair and vice chair from among its own members. Each chair and vice chair shall serve for one year and until such time as a successor is elected. The chair shall preside at all meetings and exercise all the usual rights, duties and prerogatives of the head of any similar organization. The vice chair shall perform the duties of the chair in the chair’s absence or disability. Vacancies created by any cause shall be filled for the unexpired term by a new election. (19-15, Added, 09/03/2019) The Fountain Hills Town Code is current through Ordinance 20-27, passed December 1, 2020. Disclaimer: The town clerk’s office has the official version of the Fountain Hills Town Code. Users should contact the town clerk’s office for ordinances passed subsequent to the ordinance cited above.  Related Ordinance, Policy or Guiding Principle N/A Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) N/A SUGGESTED MOTION MOVE to appoint _________ to serve as Vice Chairman for one year, effective September 11, 2023 MOVE to appoint _________ to serve as Vice Chairman for one year, effective September 11, 2023 through August 31, 2024. ITEM 7. TOWN OF FOUNTAIN HILLS STAFF REPORT    Meeting Date: 09/11/2023 Meeting Type: Planning and Zoning Commission Agenda Type: Submitting Department: Development Services Prepared by: John Wesley, Development Services Director Staff Contact Information: John Wesley, Development Services Director Request to Planning and Zoning Commission (Agenda Language):  PUBLIC HEARING, CONSIDERATION, AND POSSIBLE ACTION: Ordinance 23-04, repealing and replacing Zoning Ordinance Chapter 6, Sign Regulations.  Staff Summary (Background) The Town Council has expressed some concerns with several existing provisions in Chapter 6, Sign Regulations, of the Zoning Ordinance and directed the Planning and Zoning Commission to review and consider possible amendments.  The Planning and Zoning Commission reviewed a summary of possible amendments and provided feedback to staff at a public hearings on April 10, and June 12, 2023. Based on the input received thus far, attached is a copy of Chapter 6 of the Zoning Ordinance with strike through showing the recommended amendments based on the input received.  The report below provides discussion regarding each of the amendments.   Section 6.01  Introduction No proposed changes Section 6.02  Definitions It was noted that citizens and business owners who may look through the sign ordinance for information regarding what signs they can use may read the definitions in Section 6.02 and think they have all the information they need regarding that type of sign.  Conversely, those looking at the details in Sec. 6.08 may not have a complete understanding of the different sign types if they do not look back to Sec. 6.02 for the definitions and pictures.  It was suggested that a reference be added to the location for additional, specific information on each sign type. Following the June 2023, P&Z meeting it was suggested that it would be even more helpful to move the definitions, or descriptions, of each sign type to Section 6.08 along with the further information regarding the sign allowances.  That change has been made with this version of the draft ordinance. No other changes are being made to this section. Section 6.03  Building Permits - Fees Section 6.03 B provides some exemptions to the requirement for a building permit for some signs.  Included in this list is 5, Temporary signs, except banner signs.  This would indicate that banner signs require a building permit.  This is not correct, these signs require an administrative Temporary Use Permit.  To make the ordinance more clear, the "except banner signs" language is being deleted. Section 6.04  Violations and Penalty andSection 6.05  Enforcement and Remedies Prior to this review, staff has not proposed any changes to these sections.  However, a major concern of the Planning and Zoning Commission has been how to enforce the amended temporary sign provisions to avoid sign clutter along our streets.  In response, staff reviewed the current provisions in Sections 6.04 and 6.05.  The attached draft ordinance combines these two sections and divides the regulations into those for permanent signs and those for temporary signs.  Subsection A provides the enforcement for permanent signs.  The regulations for permanent signs remain mostly the same, just consolidated from the two sections.  The primary difference is the shift from having nominal fees listed in this section to referencing the much more substantial fees provided in Section 1-8-3 of the Town Code.  Unless specifically listed as a misdemeanor violation, all other violations of the zoning ordinance are subject to the fines in 1-8-3.  The fines in that section start at $250.  Staff is not aware of a time when a citation has been issued for violation of the sign ordinance. Subsection B provides the enforcement options for temporary signs.  Staff considered several options for enforcing the regulations regarding temporary signs.  The first consideration was to require permits for all signs placed in the right-of-way.  Upon evaluation, however, it appears this approach would be difficult for both those wanting to place the signs and staff to carry out.  What is being proposed instead is that any A-frame or Yard sign places in the right-of-way is required to be removed by official sundown every day.  Signs not removed will be subject to a civil citation and/or confiscation of the sign. In practice to date, Town Code Enforcement staff have typically first tired to inform people about sign requirements and returned or relocated signs to be consistent with the ordinance.  Education will and assistance with compliance will continue to be the first course of action.  Staff typically confiscates a sign only after a first warning or if there is no contact information.  Staff has not issued any notice of violation letters or citations for temporary signs and that will continue to be a last resort. As part of adoption of the new ordinance, staff is proposing to also establish and publicize a separate operating policy regarding enforcement of temporary sign regulations for signs place in the right-of-way.  A draft, companion policy proposal is:  First offense:  When possible, assist those who have placed a sign inconsistent with ordinance requirements by educating and assisting with relocation and returning signs. a. When educating, relocating, and/or returning is not possible, if the sign is in the right-of-way it will be confiscated and, if possible, owner will be contacted to pick up the sign according to the established schedule.  If this sign is on private property, a notice of violation will be sent to the property owner informing them of the ordinance requirements and giving them an opportunity to bring the sign into conformance.  If not brought into conformance within allowed time, follow-up enforcement action as warranted. b. 1. Subsequent offenses within 180 days of first offense: 2. Subsequent offenses within 180 days of first offense:  Second offense: If in the right-of-way, immediate confiscation and notification when the sign can be retrieved if in the right-of-way; if on private property, issuance of a civil citation. a. Third and subsequent offenses: If in the right-of-way, immediate confiscation and notification when the sign can be retrieved and the issuance of a civil citation; if on private property, additional citations as provided in Section 1-8-3. b. 2. Sign pick times will be the (one or two days a month, yet to be determined) of each month between the hours of (yet to be determined). (Note, goal is to make it a deterrent by not immediately returning the sign.) 3. Yard signs left more than X days will be discarded.  A-frame and T-frame signs left more than Y days will be discarded. 4. Section 6.06  Sign Plans No proposed changes Section 6.07  General Regulations Section 6.07 B addresses locations where signs are and are not allowed. Section 6.07 B 1 primarily makes the requirement that all signs are to be on the property for which the business, activity, commodity, service, product, or event takes place; i.e. makes it a violation to place a sign off the property except as specifically allowed in the ordinance.  Except for specific exceptions allowed in the code, this provision prohibits off-site signs, which include common areas in a condominium development and the adjacent right-of-way is considered off-site.  Proposed modifications to this section are for increased clarification on the exceptions as we make other changes allowing temporary signs in the right-of-way. Section 6.07 B 2 provides locations where signs are not allowed.  The language in this section can seem overly complicated.  It was suggested we find some way to simplify and clarify this language.  To address this, the recommended revision groups the prohibited locations into common topic areas, e.g. town right-of-way or property, safety issues, architecture or design interference, and miscellaneous.  All the provisions are the same, just re-organized, except for the one addition described below. One of the challenges we have had with the current ordinance is the disconnect between our ordinance allowances and what state statutes allow in the right of way for elections.  To reduce this conflict, staff has added Section 6.07 B 2 a i 3 to clarify that signs will be allowed in the right-of-way during elections as allowed by the state statutes.  Note, during the times when the state statutes allow political signs in the right-of-way, any sign meeting the statute requirements can be placed in the right-of-way regardless of message and will not have to be removed at sundown. The proposed changes in the ordinance for temporary signs would start to allow some temporary signs within the Shea Boulevard right-of-way.  Section 6.07 B 2 c contains this modification.   Section 6.07 C provides the regulations for nonconforming signs.  These are signs which may have been erected under earlier codes but have become nonconforming due to subsequent code changes.  They are allowed to continue and be maintained, but not changed. It has been the desire of the Commission to eliminate the allowance for future electronic message centers.  As discussed below, that modification has been made in this recommended draft ordinance.  centers.  As discussed below, that modification has been made in this recommended draft ordinance.  When the allowance for future electronic message signs is removed, there is still a need to regulate the existing signs.  To do this, the provisions regarding electronic message center contained in Section 6.08 C were moved to Section 6.07 C 4. Section 6.07 E lists prohibited signs.  Staff is proposing a couple of housekeeping modifications to items 8 and 9 for consistency with other parts of this chapter.  The phrase at the end of item 12 is being eliminated because there are no instances in the ordinance that allows someone to place a sign on someone else's property without their permission. Section 6.08 Sign Requirements and Allowances With each subsection in 6.08 A, a new "a" has been added to provide the description of the sign type.  Except for the description and illustration for sign walkers, this information was moved from the definitions in Section 6.02. Section 6.08 A 1 provides the standards and allowances for A-frame and T-Frame signs.  These signs are currently allowed in commercial and industrial districts and as residential directional signs.  Several amendments are proposed for this section and include:  Sections 6.08 A 1 c and d establish the size/height and number of A-frame signs allowed.  These sections have been amended to allow a business to use two signs when they have two or more public entries.  The maximum area of any one sign is 6 sq. ft. and the maximum aggregate area for two signs would be 9 sq. ft.  This will be enforceable when there is a clear connection between the sign and the business, it can be more challenging if there is not a clear connection.    Section 6.08 A 1 e provides the places A-frame signs may be located.  This section is being amended to allow them in the right-of-way in commercial and industrial zoned areas, including along Shea Boulevard.  In some cases, placing a sign immediately adjacent to the property containing the business may not provide the most effective location for the sign.  At the last meeting the Commission discussed the proposal to allow A-frame and Yard signs in the right-of-way some distance from the property. The Commission expressed some concern with the amount of sign clutter that could occur if citizens abused the allowance since we cannot always tie a sign to a specific property. Since we cannot really control the message on a sign, and once we open the right-of-way to being a place that allows signage, staff determined the best approach would be to require any A-frame or Yard sign placed in the right-of-way to be removed by official sundown each day.  If the sign has to be removed every day, and there are significant penalties if it is not as described above, only those people and businesses with legitimate business needs will continue to use the right-of-way for their signage needs.  This should keep the number of signs to a reasonable level. This section is also amended to: Allow signs to be place on a sidewalk in the Town Center Pedestrian area; Reduce the minimum clearance around a sign from 6' to 4';'and, Reduce the distance from curb or edge of pavement from 3' to 2. The requirement that landscaping cannot be modified or damaged to accommodate a sign was moved to Section 6.08 A 1 e. Section 6.08 A 4 provides the standards and allowances for banner signs. These signs are only allowed for nonresidential uses in residential zoning districts and in commercial and industrial zoning districts. Proposed amendments to this section are in 6.08 A 4 f iii regarding the length of time a banner sign can be displayed.  The previous discussion had been to increase the allowance from 30 to 90 days a calendar year with the ability for non-residential uses in residential districts to receive a "seasonal waiver" for additional time.  There was significant discussion regarding how this would be implemented.  Staff has also recognized that if the same nonresidential use was in a non-residential zoning district (e.g. a church), they would not be able to apply for the "seasonal waiver." To address the issues and achieve the desired outcome, the proposed ordinance changes are:  Increase the base allowance from 30 days per calendar year to 150 with a maximum of 30 days at one time. Retain the current ordinance allowance for a temporary use permit for an activity that needs more time. Allow new businesses, as documented through a business license, to have a permit for up to one year.  The sign would need to comply with maintenance provisions and could be changed out up to four times during the year. Section 6.08 A 12 provides the standards for post and board signs.  While these signs could contain any message, they are usually associated with "For Sale" signs.  The current ordinance has limited the placement of these signs in the public right of way.  Because the goal of the signs is often to help a motorist find a property that is for sale or lease, it is helpful for them to be readily visible from the street.  Therefore, placement near the street is desirable.  The proposed change to this section is in 6.08 A 12 e ii which has been amended to allow post and board signs in all zoning districts within the right of way adjacent to the property as close as two feet from the edge of pavement. In addition to the change previously discussed, staff has added language to 6.08 A 12 d regarding the number of allowed Post and Board signs.  This addition was made to address the concerns for multi-family developments, particularly condominiums.  When there are multiple units and possibly multiple owners on one property, there can be a need for more than one Post and Board sign.  For the smaller, two and three unit condominium developments, staff is proposing to allow one post and board sign per unit.  Section 6.08 A 14 provides the regulations for sign walkers.  As mentioned above, a description has been added into to the beginning of each of these sections.  The existing ordinance did not have a definition of sign walker, so one was added along with example pictures. Section 6.08 A 17 provides the standards and allowances for yard signs.  The current ordinance allows one such sign per lot in all zoning districts.  The proposed changes are in 6.08 A 17 d and e to allow more signs and more flexibility in the placement of this sign type.  The proposed language has been drafted to recognize issues that may arise in multi-family, particularly condominium, situations.  Change the number allowed from one per lot to:  i.   In single-residence districts or uses, two signs per property. ii.  In multiple-residence districts, two signs per property; if 2 or 3 unit condominium, 2 per condominium unit. iii.  In commercial or industrial districts, one sign per business.   Change the location allowances to:  Clarify allowance on a lot Not allowed in the right-of-way in residential areas, except as allowed for directional signs Allowed in the right-of-way adjacent to a business in commercial and industrial zones, except on Shea Section 6.08 B provides the standards and allowances for electronic message centers.  Several changes were suggested, including prohibiting any additional signs.  Any changes approved will apply to any new signs, not to the existing signs.  The majority of the Commission seemed to favor removing the allowance for this type of sign.  Therefore, this section has been deleted.  Existing signs will be allowed to remain and considered legal, non-conforming signs. The regulations for this type of sign has been moved to Section 6.07 C 4. Section 6.08 C 1 provides some limitations on the total, aggregate amount of temporary signs that can be used at one time with an occupancy.  This was included in the sign ordinance due to concerns by staff that property owners and businesses may take advantage of each of the temporary sign types allowed and create too much clutter.  It was also envisioned that this would keep multiple signs in a group commercial center from becoming too clustered to be readable.  In practice, staff has not seen this issue develop and has determined that the chart as presented does not work as intended.  Therefore, it is proposed that the existing Table 6.08 (C) be deleted and this section be modified to simply address temporary signage on property being developed. Section 6.08 D provides some regulations for additional signage in residential areas to allow for directional signage to events that may occur in these areas.  The proposed changes increase the number of signs that can be used off-site from three to five, allows use of the Town right of way every day of the week, and allows the signs to two feet from the edge of pavement rather than three feet.   Related Ordinance, Policy or Guiding Principle Zoning Ordinance, Chapter 6, Sign Regulations Risk Analysis N/A Recommendation(s) by Board(s) or Commission(s) N/A Staff Recommendation(s) Staff recommends approval of the revised ordinance as submitted. SUGGESTED MOTION Move to approve Ordinance 23-04, repealing and replacing Zoning Ordinance, Chapter 6, Sign Regulations. Attachments Strikethrough Ordinance  Clean Ordinance  The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Chapter 6 Sign Regulations Section 6.01 Introduction The regulations set forth in this Chapter are intended to encourage attractive signage for businesses and services, optimize the availability of information, and promote the general welfare by creating a more aesthetically appealing community. A. Findings and Purpose. 1. Findings. Signs can obstruct views, distract motorists, obstruct pedestrians or vehicular traffic flow, create safety hazards, create aesthetic blight and visual clutter, and pose other problems that legitimately call for regulation. 2. Purpose. The purpose of this Chapter is to regulate the size, illumination, movement or appearance of movement, materials, location, height, and condition of all signs, as defined herein, and to allow and promote sign communication in a manner that: a. Preserves and protects public health, safety, and welfare within the Town of Fountain Hills; b. Assures the use of a variety of sign forms designed to be sensitive to the context of the location, as a reasonable method of visual communication between groups and individuals; c. Enhances the flow of traffic and the convenience, ease, and enjoyment of travel within the Town of Fountain Hills; d. Restricts circumstances that otherwise may result in injury or damage because of distractions, or obstructions of vision attributable to sign placement or size, or to the illumination of signs that may become a source of undue glare, distraction, or light pollution; e. Avoids visual clutter that may contribute to traffic accidents or be harmful to vehicular traffic or pedestrian safety; f. Promotes the aesthetic and environmental values of the community by providing for signs that do not impair dark skies, property values, business opportunities, community appearance, or the attractiveness of the Town as a place to visit, live, work, and shop; g. Allows signs that are appropriate in scale to the zoning district in which they are located; The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. h. Provides for signs as an effective channel of communication, while ensuring that sign forms are aesthetically designed and proportioned in relation to adjacent structures on the same lot or development site, and that are compatible with their surroundings; i. Promotes the effectiveness of signs by preventing their overconcentration, improper placement, deterioration, and excessive size and number; and j. Supports and enhances commerce within the Town. B. Applicability. 1. Subject of This Chapter. All signs as defined in this Chapter are subject to the provisions of this Chapter as it pertains to: a. The allowance of signs (principally the number, form, material, size, and structure of signs); b. The review and consideration of sign plans and permits; c. The entitlement and issuance of permits; d. The location and placement of signs on all buildings, structures, and land; e. The integration of the design of signs with associated building architecture; and f. The maintenance of signs. 2. The provisions of this Chapter do not apply to the following: a. Address numbers as required by the Fire Code; b. Government signs; c. Traffic control signs, markings, devices; d. Signs authorized or required by Arizona Revised Statutes; e. Public transportation signs; and f. Signs specified as mandatory by any provision of the Fountain Hills Town Code. 3. Most Restrictive Provision Applies. Except when otherwise authorized by a Special Use Permit, Temporary Use Permit, or variance, the most restrictive provision shall prevail in cases in which two or more provisions of this Chapter appear to conflict. 4. Controlling Document. This Chapter is not intended to repeal, abrogate, annul, or in any way impair or interfere with other Town provisions, allowances, or ordinances, except those specifically repealed by the ordinance codified in this Chapter. Where this Chapter imposes a greater restriction on a sign than is The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. imposed or required by other Fountain Hills Town Codes, provisions, allowances, or ordinances, the provisions of this Chapter control. 5. Definitions Used. Definitions for specific terms used in this Chapter are principally found in Section 6.02. Additional definitions are also provided in Chapter 1 of the Zoning Ordinance and in the Fountain Hills Town Code. Definitions not included in this Chapter, the Zoning Ordinance, or the Town Code should be given their plain and ordinary meaning where possible. 6. Effect on Previously Approved Sign Permits and Comprehensive Sign Plans. All sign permits and comprehensive sign plans approved and in effect prior to the effective date of the ordinance codified in this Chapter shall remain in effect. Signs authorized by such comprehensive sign plans shall be developed in accordance with the standards specified by that sign plan and any applicable conditions or stipulations associated with the approval of that sign plan. The development standards and requirements of this Chapter apply if not specifically modified by the applicable adopted sign plan. The Zoning Administrator may approve minor modifications to approved plans regarding design, height, number, or sign area that do not exceed the maximum(s) allowed by this Chapter. C. Repeal and Severability. 1. If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The Town of Fountain Hills hereby declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, sentence, clause, and phrase thereof, regardless of whether any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. 2. Effect on Previous Proceedings. Nothing contained in this Chapter affects rights and duties that matured, penalties that were incurred, and proceedings that began before its effective date, notwithstanding the provisions of subsection (C)(1) of this section. D. Consent of Property Owner Required. Unless otherwise permitted, no person shall construct, place, display, or maintain any sign without the written consent of the property owner, the property owner’s agent, or an authorized representative. E. Noncommercial Message Substitutions Allowed. Notwithstanding any other provisions of this Chapter to the contrary, any noncommercial message may be substituted for the message placed on any sign permitted by this Chapter. F. Responsible Party. 1. Posting Sign. The person, group, or organization directing the posting, installation, or erection of a sign is responsible for assuring the compliance of the sign with the requirements of this Chapter. This includes the placement, removal, maintenance, replacement, or alteration of the sign, as may be applicable. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 2. Owner or Occupant. If the person directing the posting, installation, or erection of the sign does not remove, maintain, replace, or alter the sign in accordance with the requirements of this Chapter, then the property owner or occupant of the building where the sign is posted is responsible for either replacing the sign with a sign that complies with this Chapter or removing the sign. (21-09, Amended, 05/18/2021, Deleted and replaced) Section 6.02 Definitions “A-frame” or “T-frame” sign, means a self-supporting, temporary, lightweight, portable sign made of durable, nonpliant material such as wood, sheet metal, or plastic that is designed to rest atop the ground without penetrating the ground (see Sec. 6.08 A 1 for description, allowances, and standards). “Awning” or “canopy” sign, means a permanent sign that is applied to, placed on, affixed to, or painted on an awning or canopy (see Sec. 6.08 A 2 for description, allowances, and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Balloon”, means a temporary sign professionally made from a bag or similar flexible, nonrigid enclosure that holds gas or air and is attached by a tether to a fixed place (see Sec. 6.08 A 3 for description, allowances, and standards). “Banner sign”, means a temporary sign made of canvas, plastic, vinyl, or other pliable material attached to a wall, frame, stakes, or other support structure by at least the four corners of the banner (see Sec. 6.08 A 4 for description, allowances, and standards). “Building wall sign”, means a permanent sign mounted flat against or painted on the wall of a building with the exposed face of the sign in a plane parallel to the face of the wall (see Sec. 6.08 A 5 for description, allowances, and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Drive-through sign”, means a permanent, freestanding sign adjacent to a drive-through, typically placed in or near an area where orders are taken from occupants of a vehicle (Ssee Sec. 6.08 A 6 for description, allowances, and standards). “Electronic message centers”, means a permanent sign that is capable of displaying alternating, variable, or changeable copy that is electronically changed by remote or automatic means (see Sec. 6.07 C 4 for description, allowances, and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Feather” or “flag banner” means a temporary sign made of fabric or vinyl attached to a pole on one side. (This sign type is prohibited, see Sec. 6.07 E 9.) “Flag”, means a fabric sheet of square, rectangular, or triangular shape that is designed to be mounted by a cable or rope to a pole at one end (see Sec. 6.08 A 7 for description, allowances, and standards). “Freestanding wall/fence sign”, means a permanent sign that is applied to, placed on, affixed to, or painted on a wall or fence that is not part of the building(s) on the property (see Sec. 6.08 A 8 for description, allowances, and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Hanging” or “under-canopy” sign”, means a permanent sign suspended from and located entirely under a covered porch, covered walkway, awning, or canopy (see Sec. 6.08 A 9 for description, allowances, and standards). “Monument sign”, means a permanent sign mounted on or incorporated into a solid, self-supporting base that is not part of a building or wall (see Sec. 6.08 A 10 for description, allowances, and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Off-site sign” means a sign portraying information or directing attention to a business, activity, commodity, service, product, or event that is not conducted, sold, or offered on the premises upon which the sign is located. Includes signs commonly referred to as “billboards.” “On-site directional” sign”, means a small permanent sign located adjacent to a driveway or drive aisle (see Sec. 6.08 A 11 for description, allowances, and standards). “Permanent sign” means a sign made of durable material that is intended to be and is constructed in a manner that is permanent. Such a sign may be either attached or anchored to a building or wall or have its own foundation and structural supports. When detached from a building, permanent sign structures are constructed of durable materials such as brick, stone, metal, concrete, or related materials. “Post and board” sign”, means a temporary sign constructed of plywood, sheet metal, thick plastic, or similar material attached to one or two posts fixed in the ground (see Sec. 6.08 A 12 for description, allowances and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Projecting sign”, means a permanent sign attached to a building in a manner such that its face is not parallel to the building to which it is attached (see Sec. 6.08 A 13 for description, allowances and standards). “Residential directional sign” means A-frame, T-frame, or yard signs used to direct traffic to a home, (see Sec. 6.08 D for allowances and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Roof sign” means a sign affixed on, above, or over the roof of a building so that it projects above the roofline. The top of a parapet wall shall be considered the roofline. The highest point of a mansard roof shall be considered the roofline. Where a parapet wall is combined with a mansard roof, the roofline shall be the top of the parapet. "Sign walker”, see Sec. 6.08 A 13 for description, allowances, and standards. “Sign” means any device placed to attract attention by providing identification, advertising or directional information for a business, service, product, person, organization, place, or building when the display of this device is visible beyond the boundaries of the public or private property upon which the display is made. Included in this definition are graphic devices such as logos and attention-attracting items such as banners or logo sculptures. “Sign copy” means the letters, numerals, figures, symbols, illustrations, logos, and graphic characters used to make up the sign message. “Temporary sign” means a sign constructed of fabric, canvas, vinyl, foam-core, plywood, sheet metal, or plastic that is neither permanently installed in the ground nor permanently affixed to a building or structure and that is intended to serve a short-term or temporary condition. Temporary signs include signs resting atop the ground, or affixed to the ground by a temporary anchoring system, including, but not limited to, stakes, ballasts, or by being embedded in the ground (for large temporary signs). “Town Center pedestrian area” is designated as shown in the figure below. TOWN CENTER PEDESTRIAN AREA The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Vehicle sign”, means a sign painted, attached, or affixed to a trailer, watercraft, truck, automobile, or other form of motor vehicle (see Sec. 6.08 A 15 for description, allowances, and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Window sign”, means any poster, cut-out letters, painted text or graphics, or other text or visual presentation affixed to, or located within six (6) feet behind, a window pane and placed to be read from the exterior of a building. Such signs may be permanent or temporary (see Sec. 6.08 A 16 for allowances and standards). “Yard sign”, means an easily portable temporary sign up to six (6) square feet in size that can be implanted in the ground without use of tools (see Sec. 6.08 A 17 for description, allowances, and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. (21-13, Amended, 11/02/2021; 21-09, Amended, 05/18/2021, Deleted and replaced) Section 6.03 Building Permits – Fees A. Except as provided herein, it shall be unlawful to erect, install and/or modify any permanent sign within the Town without first applying for and obtaining a building permit from the Development Services Department. “Modify,” as it is used herein, shall mean any change to: 1. The size or shape of an existing sign; 2. Electrical components; 3. Design; and/or 4. Supporting structures. B. A building permit shall not be required for the following activities or types of signs; provided, however, that such signs shall be subject to any and all applicable provisions of this Chapter, including Zoning Administrator approval when required: 1. Street address numbers. 2. Any sign four (4) square feet or less in area not otherwise prohibited by this Chapter. 3. Repainting. 4. Minor, nonstructural repairs to signs or sign supports. 5. Temporary signs, except banner signs. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 6. Window signs. 7. Changes to a sign panel or copy on an existing sign. C. Failure to conform to the conditions of a building permit, including any conditions and/or stipulations attached thereto by the Town Council and/or Board of Adjustment, shall render such permit void. D. Fees for building permits shall be required and payable in such sums as the Town Council may from time to time establish as part of the Town’s annual budget or by separate resolution. E. A building permit for a sign does not include electrical work (a separate building permit application is needed for electrical work); however, this exemption shall not be deemed to grant authorization for any work to be done in violation of the provisions of the Fountain Hills Town Code or any other laws or ordinances. F. Building permit applications for signs shall include sufficient information regarding the size of the property, the building, and the tenant occupancy; the dimensions and size of each sign; sign height and location; lighting, including information needed to determine compliance with Chapter 8, Outdoor Lighting Control, of the Zoning Ordinance; materials used; and other pertinent information as needed to evaluate the proposed sign for compliance with this Chapter. (21-09, Amended, 05/18/2021, Deleted and replaced) Section 6.04 Violations, Enforcement, and Penalty A. Permanent Signs. 1. Any of the following shall be a violation of this Chapter and shall be subject to the enforcement remedies and penalties provided by the Town of Fountain Hills Zoning Ordinance, Fountain Hills Town Code, and by state law, as applicable: 1a. To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone within which the sign is located. 2b. To install, create, erect or maintain any sign requiring a permit without such a permit. 3c. To fail to remove any sign that is installed, created, erected or maintained in violation of this Chapter, or for which the building permit has lapsed. d. To fail to remove any sign identifying or advertising a business or any product sold thereby in the event the business ceases operation for more than a ninety (90) day period or has no active business license. B2. If any such violation is continued, then each day of a continued violation shall be considered a separate violation when applying the penalty provisions set forth below. In the case of outdoor The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. advertising uses or structures, the violation must constitute an immediate threat to the health and safety of the general public before each day of a continued violation may be considered a separate violation for penalty purposes. C3. The violations set forth in this section are declared to be civil in nature. The responsible parties for enforcement purposes are: 1a. The owner or operator of the business identified on the sign; and 2b. The owner of the property to which the sign is directing pedestrian or vehicular traffic. c. The owner of the property where the sign is physically located. D4. Enforcement of violations of this Chapterpermanent sign regulations may shall be made through the use of the civil citation process set forth in Section 1-8-3 of the Town Code. And/or through one of the actions listed below:Fines may be assessed according to the following schedule: 1. First offense, fine not to exceed $50.00 and confiscation of sign(s). 2. Second offense within twelve (12) calendar months of first offense, fine not to exceed $100.00 and confiscation of sign(s). 3. All subsequent violations within twelve (12) calendar months of the first offense, fine not to exceed $250.00 and confiscation of sign(s). a. Issuing a stop-work order for any and all work on any signs on the same lot; b. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity; or, c. In the case of a sign that poses an immediate danger to the public health or safety, the Town may take such measures as are available under the applicable provisions of the Zoning Ordinance and Building Code for such circumstances. d. The Town shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the Zoning Ordinance. Section 6.05 Enforcement and Remedies AB. Temporary Signs. 1. It shall be a violation of this Chapter to install, erect or maintain any temporary sign in a way that is inconsistent with the provisions of this Chapter. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 2. If any such violation is continued, then each day of a continued violation shall be considered a separate violation when applying the penalty provisions set forth below. In the case of outdoor advertising uses or structures, the violation must constitute an immediate threat to the health and safety of the general public before each day of a continued violation may be considered a separate violation for penalty purposes. 3. Any violation or attempted violation of this Chapter or of any condition or requirement adopted pursuant hereto may be restrained, corrected or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this Chapter shall be considered a violation of the Zoning Ordinance. The remedies of the Town shall Enforcement of temporary sign regulations include, but are not limited to, the following: 1a. Issuing a civil citation for the violation as set forth in Section 1-8-3 of the Town Code; 2. Issuing a stop-work order for any and all work on any signs on the same lot; 3b. Confiscation of sign(s); and/or, c. Any of the enforcement methods provided for permanent signs, as applicable. 4. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity; 5. Imposing any penalties that can be imposed directly by the Town under the Zoning Ordinance; 6. Seeking in court the imposition of any penalties that can be imposed by such court under the Zoning Ordinance; and 7. In the case of a sign that poses an immediate danger to the public health or safety, the Town may take such measures as are available under the applicable provisions of the Zoning Ordinance and Building Code for such circumstances. 8. The Town shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the Zoning Ordinance. BC. All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. Section 6.05 – Reserved Formatted: Font: 13 pt The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Section 6.06 Sign Plans Sign plans may be used to establish unique signage criteria to a given property or for a combination of properties that function as an integrated commercial complex. A. Purpose. The purpose of a sign plan is to: 1. Allow for unique sign design based on the unique or unusual physical characteristics of a given property; 2. Provide the opportunity to adjust the balance of attached and detached sign allowances; 3. Encourage unified signage in commercial and industrial complexes; and 4. Encourage creative design of signs. B. Application Requirements. 1. A written request signed by the property owner(s) and payment of the required fee. 2. A written project narrative describing the proposed sign plan with any deviations from current code requirements being requested. 3. Graphic illustrations depicting, at a minimum: a. Proposed sign locations and sizes; b. The proposed signs including sign base/structure for detached signs; c. Type of illumination; and d. Color and material boards for signs and sign structures. C. Review Criteria and Sign Design. 1. Review Criteria. The Zoning Administrator may approve a sign plan containing elements that exceed by up to ten (10) percent the permitted height and area of signs as specified in this Chapter if the sign plan conforms with at least one of the following criteria: a. The development contains unique or unusual physical conditions, such as topography, proportion, size, or relation to a public street that would limit or restrict normal sign visibility; or b. The proposed or existing development exhibits unique characteristics of land use, architectural style, site location, physical scale, historical interest, or other distinguishing feature(s) that represent a clear variation from conventional development; or The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. c. The proposed signage incorporates special design features such as lighting, materials and craftsmanship, murals, or statuaries that reinforce or are integrated with the building architecture. 2. Creative Design. Applications for consideration of a sign plan should include creative design elements that incorporate the design of the sign into the architecture of the building. Signs which go beyond the minimum guidelines provided in Section 6.07(G) by meeting the criteria below can increase their allowed sign area by an additional ten (10) percent. To qualify for the additional sign area, the sign shall: a. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area; b. Be of unique design, and exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; c. Utilize or enhance the architectural elements of the building; and d. Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion. D. Approval. The sign plan shall be reviewed and approved by the Zoning Administrator. (21-09, Amended, 05/18/2021, Deleted and replaced) Section 6.07 General Regulations A. Maintenance. 1. Any sign hereafter erected or maintained shall maintain conformance to the provisions of this Chapter and the provisions of the Town Code. 2. Every sign permitted by this Chapter must be kept in good condition and repair. 3. When any sign becomes in danger of falling, or is otherwise deemed unsafe by the Town’s Chief Building Official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this Chapter, the property owner, or the person or firm using the sign, shall, upon written notice by the Chief Building Official, or immediately in the case of immediate danger, and in any case within not more than ten (10) days after notice: a. Make such sign conform to the provisions of this Chapter; or b. Remove the sign. 4. If, within ten (10) days, the order is not complied with, the Chief Building Official may remove the sign or cause the sign to be removed at the expense of the property owner and/or user of the sign. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. B. Sign Location, Prohibited Locations. 1. Location Requirement. Except as specifically provided for in Section 6.08 for some temporary signs, signs Signs shall be placed on the property for which the business, activity, commodity, service, product, or event is conducted, sold, or offered. The following exceptions may be allowed: a. In the case of condominium developments, the common area can be used for signage for any occupancy within the condominium. b. As provided in Section 6.06 commercial and industrial developments that have multiple properties that utilize a common access and parking field may utilize a sign plan to allow for common street frontage monument signs that provide signage for individual businesses in the development but not on the same property as the sign. c. Temporary signs may be allowed off-premisesite in the public right-of-way as specified in for each sign type in Section 6.08. 2. Prohibited Locations. Signs are prohibited in the following locations: a. Town rights-of-way and public property. More specifically: i. Within, on, or projecting over the right-of-way, including within medians, unlessexcept as: 1. sSpecifically provided for in this Chapter for A-frame, T-frame, Post and Board, and Yard signs;, or as 2. aAllowed through Town approval of a special event permit; or 3. Allowed by state statutes during elections. Bii. Within a median or Oon public property, unless otherwise permitted by this Chapter. Cb. In a manner that creates safety, visibility, or access hazards. More specifically: di. Placed in a manner that obstructs the visibility of any authorized traffic sign, traffic signal, or another traffic control device. Eii. Placed in a manner that blocks the vehicular line of sight at a street intersection, or the intersection of a street and driveway. iii. Placed in a manner that obstructs ADA access or prevents ingress or egress from any window or door, or other access-way required by the Building Code or Fire Code as adopted by the Town of Fountain Hills. iv. Located contrary to the standards of horizontal and vertical clearance from electrical wires and conductors as specified in the Building Code as adopted by the Town of Fountain Hills. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Fc. In a manner that interferes with or obstructs the architectural design of the building. More specifically: i. Covers the architectural features of a building such as dormers, insignias, pilasters, soffits, transoms, trims, or similar architectural elements or devices. ii. Placed on the roof of a building or extends higher than the highest point of the portion of the building to which the sign is attached. d. Miscellaneous prohibited locations. i. Affixed to fuel tanks, storage containers, or solid waste receptacles, except signs related to the manufacturer’s or installer’s identification, warning signs, and placards, and information otherwise required by law. Gii. Tacked, painted, burned, cut, pasted, or otherwise affixed to trees, shrubs, posts, ladders, benches, or similar supports if visible from across a property boundary or from the right-of-way. h. Placed in a manner that obstructs ADA access or prevents ingress or egress from any window or door, or other access-way required by the Building Code or Fire Code as adopted by the Town of Fountain Hills. i. Covers the architectural features of a building such as dormers, insignias, pilasters, soffits, transoms, trims, or similar architectural elements or devices. j. Placed on the roof of a building or extends higher than the highest point of the portion of the building to which the sign is attached. Kiii. Attached to a standpipe, gutter, drain, or fire escape, or placed in a manner that impairs roof access. l. Located contrary to the standards of horizontal and vertical clearance from electrical wires and conductors as specified in the Building Code as adopted by the Town of Fountain Hills. Me. Temporary signs within the Shea Boulevard right-of-way, except as specifically provided in this Chapter. C. Nonconforming Signs. 1. Any sign legally existing at the time of the passage of the ordinance codified in this Chapter that, due to changes in this Chapter, no longer conforms in use, location, height or size with the regulations of this Chapter shall be considered a legal nonconforming use and may continue in use until such time as it is removed or abandoned for a period of six or more continuous months. Except as otherwise set forth in subsections (C)(2) and (C)(3) of this section, any change in the sign, including a 50% or more change of The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. sign copy, shall be considered an abandonment and the legal nonconforming status of the sign shall become void. 2. Whenever the name of a business or other sign text changes, any legal nonconforming signs associated with the business shall be modified to bring them into conformance with this Chapter, even though the change is a change of sign copy only. This subsection shall not apply to signs designed with interchangeable letters or panels or to the text area of a monument sign. 3. Legal nonconforming freestanding signs, sign structures, poles and other related equipment that have been abandoned or not in use for more than six months shall be removed and the building, land or site restored to its original state. 4. Electronic Message Center Signs approved prior to the adoption of this ordinance are legal, nonconforming signs which can continue to operate according to the regulations stated below provided, if they are abandoned as provided in C. 1. or C. 3, they shall no longer be allowed and must be removed. a. There shall be no moving or flashing green or red features that can be mistaken as traffic control devices. b. Each message on the sign must be displayed a minimum of eight (8) seconds. c. EMC shall contain static messages only and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design or pictorial segment of the sign, including movement or appearance of movement or any illumination of the flashing, scintillating or varying of light intensity. d. Message change is allowed through fade, dissolve, travel, or scrolling modes not to exceed two (2) seconds in transition. e. When a business is closed, the sign may continue to be lit, but may only display a static message. f. Nighttime Allowances. From one (1) hour after official sunset until one (1) hour before official sunrise, the maximum luminance level of any EMC shall be 100 nits. g. Measurement Criteria. The luminance of an electronic message center shall be measured with a luminance meter set to measure candelas per square meter (nits) traceable to a National Institute for Standards and Technology (NIST) standard and using accepted professional practices for measurement as established by the Development Services Director. h. All permitted electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 100 nits maximum nighttime luminance requirement. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. i. In the event a sign is found to be out of compliance with the luminance levels required by this Chapter, the sign shall remain off until the sign is brought into compliance. D. Standards of Measurement. 1. Sign Area Measurement. Sign area for all sign types is measured as follows: a. For sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed, the sign area is the area within the outside dimensions of the background panel or surface. Example Sign Copy Area b. For sign copy consisting of individual letters and/or graphics affixed to a wall or portion of a building that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy, the sign area is the area within the sum of the one (1) or two (2) smallest tangent rectangle(s) or other standard geometric shapes (e.g., circle, triangle, regular ellipse, regular rhombus, or regular parallelogram), or combination of rectangles and standard regular geometric shapes that will enclose both the sign copy and background. When two (2) shapes are used, the shapes must include at least one (1) point of common tangency between the two (2) shapes. Example Sign Area The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. c. For sign copy mounted or painted on an internally illuminated sign or internally illuminated element of a building, the entire internally illuminated surface or architectural element that contains sign copy will be counted as sign area. Example Illuminated Sign Area d. Multifaced signs: i. One face: the sign area is the area of the single face only. ii. Two faces: if the interior angle between the two sign faces is forty-five (45) degrees or less, the sign area is the area of one face only; if the angle between the sign faces exceeds forty-five (45) degrees, the sign area is the sum of the areas of the two faces. iii. Three or more faces: the sign area is the sum of areas of all the sign faces. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Example Sign Face Area iv. Three dimensional, sculptural or other nonplanar signs: the sign area will be the sum of the areas of the vertical faces of the smallest polyhedron that will encompass the sign structure. Example Dimensional Sign Area 2. Sign Height Measurement. Sign height is measured as follows: a. Freestanding Sign. Sign height is the distance from the top of the sign face or structure (except for architectural embellishment as provided below), whichever is taller, to the top of curb of the public road nearest the sign, or to the crown of public road nearest the sign if no curb exists. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Example Freestanding Sign Height b. Wall or Fascia Mounted Signs. Sign height is the distance measured from a point perpendicular to the top of the midpoint of the sign structure, to the top of the finished floor of the ground floor level directly below the midpoint of the sign. Example Midpoint of Sign E. Prohibited Signs. Signs not specifically authorized herein are prohibited, including, but not limited to, the following: 1. Neon signs, except as permitted in Section 6.08(A)(16). 2. Any sign emitting sound. 3. Any animated or moving sign, including televisions or signs with streaming video. 4. Mobile signs, except for sign walkers or as otherwise specifically permitted. 5. Billboards. 6. Non-electrically illuminated signs. 7. Any nonpublic signs in public right-of-way or on public property, except as otherwise specifically permitted. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 8. All off-site signs, except as specifically permitted in this Chapter. 9. All banners, pennants, streamers, feather signs, balloons, flags, searchlights, strobe lights, beacons, and inflatable signs, except as specifically defined and permitted in this Chapter. 10. Any sign imitating an official traffic control sign and any sign or device obscuring one or more traffic control signs or devices. 11. Any sign which is structurally unsafe, unsafely installed, or otherwise hazardous to physical safety. 12. Signs not authorized by the property owner, except as specifically permitted. 13. Electronic message centers F. Illumination. 1. Temporary signs shall not be illuminated. 2. Sign illumination, where allowed, shall be in conformance with provisions of Chapter 8, Outdoor Lighting Control, of the Zoning Ordinance. 3. When externally illuminated, the source of a sign’s illumination shall not be visible from any adjacent residential streets or neighborhoods. 4. No illuminated sign shall be placed or constructed on a vacant or undeveloped lot or parcel. 5. The following types of illumination are prohibited: a. Flashing, blinking, or rotating lights; b. Metal halide lighting; c. High- or low-pressure sodium light bulbs; and d. Mercury vapor light sources. 6. See Section 6.08(B)6.07 C. 4. for luminance standards for electronic message centers. G. Design Guidelines and Standards for Signs and Sign Structures. 1. Permanent signs and sign structures should: a. Be designed to be attractive and artistic; b. Incorporate design features associated with the buildings or structures, and should constitute an architectural component of the overall development that is compatible with, and not incongruous to, the architectural style and character of the development of the property associated with the sign; and The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. c. Utilize materials and design themes consistent with the architectural design theme of the development, as expressed by the building architecture, landscaping, and overall site development. 2. Permanent signs and sign structures: a. Shall be mounted so that the attachment device is not visible. b. Letters attached or anchored to the face of an exposed standard raceway should be architecturally designed and integrated into the building. c. Raceways shall either: i. Be finished to match the color of the building adjacent to the raceway and design elements of the building, or ii. When a raceway is provided as an architectural enhancement to the building elevation, the raceway must be in a contrasting color and material. 3. Temporary signs shall be made of durable materials and properly maintained in good repair. Section 6.08 Sign Requirements and Allowances A. Sign Types. The following sign types are allowed in Fountain Hills: 1. A-Frame and T-Frame Signs. a. Description. A self-supporting, temporary, lightweight, portable sign made of durable, nonpliant material such as wood, sheet metal, or plastic that is designed to rest atop the ground without penetrating the ground. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. b. Zoning/Use. i. Single-family and multifamily residential zoning districts, PAD zoning with a residential land use, and residential developments in commercial zoning districts only when in compliance with subsection D C of this section; ii. Commercial or industrial zoning districts; and iii. PADs with commercial or industrial uses. bc. Size/Height. i. Maximum sign area for any sign is six (6) square feet. ii. When multiple signs are used, the maximum aggregate area is nine (9) square feet. iii. iii. Maximum sign height is three (3) feet. cd. Number. i. In single-family and multifamily districts, as allowed by subsection D C of this section. ii. One per business per public entry in commercial or industrial districts with a maximum of two per business. de. Location. Shall not be used as an off-site sign, except as provided below: i. On property held in common by members of a property owner’s association or on property owned by the business owner’s landlord, but not within any designated parking or loading area. ii. As provided in subsection D C of this section for residential zoning and land uses. iii. In the public right-of-way, including Shea Boulevard, under the following conditions: 1. All commercial and industrially zoned areas and in the right-of-way adjoining these zoning districts. 1.2. Signs placed in the public right-of-way must adhere to the following requirements: 1a. Shall not be located on the paved portion of any public street or in any median; 2b. Shall not be located within a designated parking or loading area; 3c. Shall not be located in a manner that poses a traffic vision hazard; 4d. Shall not be located on a public sidewalk except in the Town Center Pedestrian area when unless there is at least six four (64) feet of clear passage around at least The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. one side and the sign owner provides the town an indemnification agreement with regards to the sign; and 5e. Shall be at least three two (32) feet from any curb or edge of pavement;. and, f. Shall be removed between the hours of official sunset and official sunrise, except in the Town Center Pedestrian areawhen the business is closed.iv. Landscaping cannot be modified or damaged to accommodate an A-frame sign. ef. Miscellaneous Requirements. i. Attachments to A-frame signs are limited to not more than four (4) balloons or flags, no more than one (1) square foot in size, flown no higher than six (6) feet from the ground. ii. Landscaping cannot be modified or damaged to accommodate an A-frame sign. 2. Awning or Canopy Sign. a. Description: A permanent sign that is applied to, placed on, affixed to, or painted on an awning or canopy. b. Zoning/Use. i. Permitted nonresidential uses in a residential zoning district; ii. An apartment building in a multifamily zoning district; iii. Commercial or industrial zoning districts; and The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. iv. PADs with similar uses. bc. Size/Height. i. A sign placed on the side or face of an awning or canopy may not exceed 25% of the area of the face of the awning or canopy on which the sign is placed. ii. A sign placed on top of a canopy may not exceed one (1) square foot of area for each linear foot of the length of the canopy on the side containing the sign for single occupancies and for the length of the occupancy for multiple occupancy buildings. cd. Number. One (1) sign per occupancy. de. Location. On an approved canopy. ef. Miscellaneous Requirements. i. When placed on top of a canopy, must consist of individual alphanumeric characters only. 3. Balloons. a. Description. A temporary sign professionally made from a bag or similar flexible, nonrigid enclosure that holds gas or air and is attached by a tether to a fixed place. b. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Commercial or industrial zoning districts; and The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. iii. PADs with similar uses. bc. Size/Height. No balloon shall be bigger than twenty-four (24) inches in diameter and can be no higher than six (6) feet from the ground. cd. Number. N/A. de. Location. i. When part of a business, within the area leased by the business. ii. When adjacent to a building, not more than four (4) feet from the face of the building and within twenty (20) feet of the main building entrance. iii. When attached to an authorized temporary sign, in locations where the temporary signs are permitted. iv. Shall not be displayed within the perimeter landscape area. v. Shall not encroach within on-site fire lanes. vi. Shall not be attached to or hung from a tree or shrub. vii. Shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, or at any location where, by its position, shape or color, it may interfere with or obstruct the view of or be confused with any authorized traffic signal, sign or device. Ef. Miscellaneous Requirements. i. Balloons must be tethered to a secure location that prevents high winds from removing the balloon or causing it to create an obstruction. ii. May be displayed for a maximum of thirty (30) days per calendar year. Additional days may be approved through approval of a Temporary Use Permit. 4. Banners. a. Description. A temporary sign made of canvas, plastic, vinyl, or other pliable material attached to a wall, frame, stakes, or other support structure by at least the four corners of the banner. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. b. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Apartment complexesMultifamily developments containing more than twenty (20) units in multifamily or commercial zoning districts; iii. Commercial or industrial zoning districts; and iv. PADs with similar uses. bc. Size/Height. Maximum sign area shall be thirty-two (32) square feet. cd. Number. One (1) per occupancy. de. Location. i. Within the area owned or leased by the business or use. ii. Shall not be displayed in any parking space, drive aisle or the required perimeter landscape area. iii. Shall not encroach within on-site fire lanes. iv. Shall not be attached to or hung from a tree or shrub. v. Shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, or at any location where, by its position, shape or color, it may interfere with or obstruct the view of or be confused with any authorized traffic signal, sign or device. ef. Miscellaneous Requirements. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. i. A Banner Permit must be obtained from the Development Services Department prior to display of a banner sign. Except for new businesses as allowed in iii. 2. below, each permit shall be for a maximum of 30 days. ii. Banners must be affixed to a secure location that prevents high winds from removing the banner or causing it to create an obstruction. iii. May be dDisplayed of banner signs is subject to the following time allowances: 1. for aA maximum of thirty (30) days at a time for a total maximum of one hundred fifty (30150) days per calendar year. Additional days may be approved through approval of a Temporary Use Permit. 2. New businesses, as documented through the issuance of a new business license, may be approved for display of a banner sign for up to one calendar (1) year from the date the business opens. Sign must be maintained in good repair. Message on the sign may be changed up to four times during the year. 5. Building Wall Sign. a. Description. A permanent sign mounted flat against or painted on the wall of a building with the exposed face of the sign in a plane parallel to the face of the wall. b. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Apartment complexes containing more than twenty (20) units in multifamily or commercial zoning districts; iii. Commercial or industrial zoning districts; and The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. iv. PADs with similar uses. bc. Size/Height. i. One and one-half (1.5) square feet of sign area is allowed for each lineal foot of occupancy frontage along a street. All occupancies with an exterior wall are allowed a minimum of twenty- four (24) square feet of signage. The maximum allowed sign area for an individual sign is one hundred (100) square feet. ii. Corner buildings may transfer up to 25% of the area from one building frontage to the other if the angle of the building at the corner is between forty-five degrees (45˚) and ninety degrees (90˚). Each side of corner buildings with building frontages less than forty-five degrees (45˚) and between ninety degrees (90˚) and one hundred eighty degrees (180˚) shall be considered as one frontage and may not transfer sign area. iii. Sign area must allow a minimum of a two (2) foot border from the edge of the building or suite frontage, or a minimum two (2) foot separation between signs, whichever is greater. cd. Number. One sign for each fifty (50) feet of occupancy per street frontage, or portion thereof. de. Location. Shall not be located in a manner that is prohibited in Section 6.07(B)(2)(hc) through (B)(2)(l). ef. Miscellaneous Requirements. i. Each wall sign may project no more than twelve (12) inches from the surface of the wall to which is it attached. ii. Reverse pan channel letters with halo illumination must not exceed a one and three-quarters (1.75) inch separation from the wall. iii. In the C-2, C-3, and TCCD zoning districts, a building wall sign may be added to a secondary entrance in addition to total aggregate sign area if the following criteria are met: 1. Sign area shall not exceed 25% of the primary total aggregate sign area. 2. The secondary entrance must not be visible from the main public entrance. 3. The secondary entrance must face a rear parking area, common area or public use frontage. 6. Drive-Through Sign. a. Description. A permanent, freestanding sign adjacent to a drive-through, typically placed in or near an area where orders are taken from occupants of a vehicle. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. b. Zoning/Use. Commercial or industrial zoning districts or PAD with similar uses. bc. Size/Height. Maximum sign area shall be twenty (20) square feet. Maximum sign height is five (5) feet. cd. Number. Maximum of one (1) per drive-through lane. de. Location. i. Within five (5) feet of a drive-through lane. ii. Cannot be readable from any public street or alley. iii. Must be at least one hundred fifty (150) feet from any residential zoning district or fully screened from residential view by a masonry wall. ef. Miscellaneous Requirements. i. Minimum of four (4) square feet of landscaping per one (1) square foot of sign area shall be provided at the base of the sign. 7. Flags. a. Description. A fabric sheet of square, rectangular, or triangular shape that is designed to be mounted by a cable or rope to a pole at one end. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. b. Zoning/Use. Allowed in all zoning districts. bc. Size/Height. i. The maximum size of a flag is twenty-four (24) square feet in residentially zoned property or property zoned PAD with residential uses and sixty (60) square feet in all other zoning districts. ii. The maximum flagpole height is the height allowed in the zoning district and Section 5.07(B). cd. Number. i. If hung from the side of a building, one (1) per unit or tenant space. ii. Each flagpole may contain up to two (2) flags. de. Location. Flagpoles must be located so that if the pole should fall, it will remain on the property containing the pole. ef. Miscellaneous Requirements. i. Developed single-family lots may contain one flagpole. ii. Model home complexes may have two (2) flagpoles on one (1) lot and one (1) flagpole on additional lots up to a maximum of five (5) flagpoles. iii. All other properties may have up to two (2) flagpoles. iv. The length of the flag, which is the longer side of the flag that is perpendicular to the flagpole, shall not exceed one-third (1/3) of the in-ground pole height. v. May be hung on the side of a building only on national or state holidays. 8. Freestanding Wall/Fence Sign. a. Description. A permanent sign that is applied to, placed on, affixed to, or painted on a wall or fence that is not part of the building(s) on the property. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. b. Zoning/Use. i. Subdivision entry feature for single-family and multifamily developments in all residential zoning districts; ii. Commercial or industrial zoning districts; and iii. PADs with similar uses. bc. Size/Height. Maximum sign area is twenty-four (24) square feet. Maximum sign height is six (6) feet. cd. Number. One per development entry. de. Location. Part of or attached to a perimeter wall surrounding a development. ef. Miscellaneous Requirements. i. A minimum of two (2) square feet of landscape area per one (1) square foot of sign area shall be provided at the base of the sign. ii. Sign area may be back-lit such that the source of illumination is not visible; provided, however, that back-lit, nonopaque panels are not permitted. iii. The text area of the sign may be illuminated by fully shielded, ground mounted directional lighting. 9. Hanging or Under-Canopy Sign. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. a. Description. A permanent sign suspended from and located entirely under a covered porch, covered walkway, awning, or canopy. b. Zoning/Use. Any commercial or industrial zoning district and PADs with similar uses. cb. Size/Height. Maximum sign width is twenty-four (24) inches, maximum sign height is twelve (12) inches. Minimum clearance is at least eight (8) feet from the bottom of the sign to the sidewalk or surface beneath the sign. dc. Number. One (1) per occupancy. ed. Location. Under an awning or canopy associated with the business or activity. fe. Miscellaneous Requirements. i. If located over an abutting Town right-of-way, must obtain an encroachment permit from the Town. 10. Monument Sign. a. Description. A permanent sign mounted on or incorporated into a solid, self-supporting base that is not part of a building or wall. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. b. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Entry feature into a subdivision in single-residence zoning districts; iii. Apartment or condominium complex containing more than twenty (20) dwellings in multifamily zoning districts; iv. Commercial or industrial zoning districts; and v. PADs with similar uses. bc. Size/Height. Table 6.08(B). Size and Height Allowances for Monument Signs Zoning District Maximum Size Maximum Height Single Residential 32 sq. ft. 6 feet Multi-residential 32 sq. ft. 8 feet Commercial/Industrial 50 sq. ft. for an individual sign 12 feet cd. Number. One monument sign per lot or parcel for each full three hundred (300) feet of street frontage. de. Location. i. Along a street frontage, but not within a public right-of-way. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. ii. Must be separated from any other monument sign on the same property by at least one hundred fifty (150) feet. ef. Miscellaneous Requirements. i. A minimum of two (2) square feet of landscaping per one (1) square foot of sign area provided at the base of the sign. ii. Sign may be internally illuminated. iii. Sign area may be back-lit such that the source of illumination is not visible; provided, however, that back-lit, nonopaque panels are not permitted. iv. The text area of the sign may be illuminated by fully shielded, ground mounted directional lighting. 11. On-Site Directional Sign. a. Description. A small permanent sign located adjacent to a driveway or drive aisle. b. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. bc. Size/Height. Maximum sign area is four (4) square feet. Maximum sign height is five (5) feet. cd. Number. As needed. de. Location. At least twenty (20) feet from a public street and within five (5) feet of a driveway or drive aisle. 12. Post and Board Sign. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. a. Description. A temporary sign constructed of plywood, sheet metal, thick plastic, or similar material attached to one or two posts fixed in the ground. b. Zoning/Uses. Allowed in all zoning districts. b.c Size/Height. i. Developed properties and undeveloped properties five (5) acres or less in size, the maximum sign area is six (6) square feet. Maximum sign height is five (5) feet in residentially zoned property and eight (8) feet in non-residentially zoned property. ii. Undeveloped property more than five (5) acres in size, maximum sign area is thirty-two (32) square feet. Maximum height is eight (8) feet. cd. Number. One (1) sign per lot per street front. For two (2) and three (3) unit condominium developments, may have one per unit. de. Location. i. Shall not be used as an off-site sign, except on property held in common by members of a property owner’s association, a condominium association, or on property owned by the business owner’s landlord, but not within any designated parking or loading area. ii. Shall notA property owner may place a sign be located within the public right-of-way. However, in commercial and industrial zoning districts where buildings are built to the property line or in any zoning district where topography limits visibility behind the right-of-way, an encroachment permit may be requested to allow sign placement within the right-of-way, but not within a median, provided all portions of the sign structure and sign face are at least three two The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. (32) feet from the curb or edge of pavement and do not overhang a sidewalk, and the sign is not within a sight visibility triangle for a street intersection or driveway. 13. Projecting Sign. a. Description. A permanent sign attached to a building in a manner such that its face is not parallel to the building to which it is attached. b. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. bc. Size/Height. Maximum sign width is three and one-half (3.5) feet. Maximum sign height is six (6) feet. Minimum clearance is eight (8) feet from the bottom of the sign to the sidewalk or surface beneath the sign. cd. Number. One per building. de. Location. On the building outside the tenant space for which the sign is located. ef. Miscellaneous Requirements. i. If encroaching over an abutting Town right-of-way line, must obtain an encroachment permit from the Town. 14. Sign Walkers. a. Description. A person who wears, holds, waves, or balances a sign in order to convey a commercial message. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. b. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. bc. Size/Height. Maximum sign area is five (5) square feet. cd. Number. One sign per business. de. Location. i. If located in the right-of-way, a sign walker shall be positioned behind the curb, or, if no curb is present, ten (10) feet behind the edge of pavement. ii. Sign walkers shall be positioned so as to not obstruct vehicle sight lines and road “clear zones” established by the Town Engineer in accordance with traffic engineering standards. iii. Sign walkers shall not obstruct the free movement of pedestrians on sidewalks. iv. Sign walkers are not allowed in the medians of public or private streets. ef. Miscellaneous Requirements. i. Sign walkers shall not erect or place tents, temporary structures, umbrellas, chairs or stools anywhere within the public right-of-way or on adjacent property. 15. Vehicle Sign. a. Description. A sign painted, attached, or affixed to a trailer, watercraft, truck, automobile, or other form of motor vehicle. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. b. Zoning/Uses. Commercial and industrial zoning districts and PADs with similar uses. bc. Size/Height. N/A. cd. Number. N/A. de. Location. Vehicle must be parked in an authorized location and in a lawful manner that is not distinct or different from the predetermined parking area design. ef. Miscellaneous Requirements. i. The vehicle must be operable and currently registered per Town Code. The primary purpose of the vehicle shall be in the operation of the business, e.g., transporting goods or providing services, and not displaying a sign. ii. Business or commercial vehicles displaying signage or advertising as a normal part of business activity may be parked in an off-street parking space adjacent to the business to which the vehicle relates as far from the public right-of-way as possible. If the vehicle is visible from the public right-of-way it shall not remain in the same parking space for more than forty-eight (48) hours. iii. Unless otherwise permitted, signs mounted, attached or painted on trailers, boats, motor vehicles or any moveable object placed on premises specifically to serve as additional signage are prohibited; they shall not become additional, permanent freestanding signs. iv. No sign shall be erected or attached to any vehicle except for signs that are magnetically attached to or permanently painted or wrapped on the surface of a vehicle. 16. Window Sign. a. Description. Any poster, cut-out letters, painted text or graphics, or other text or visual presentation affixed to, or located within six (6) feet behind, a window pane and placed to be read from the exterior of a building. Such signs may be permanent or temporary. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. b. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. bc. Size/Height. May not cover more than fifty (50) percent of any window. cd. Number. N/A. de. Location. On a window or within six (6) feet behind a window when intended to be viewed from outside the building. ef. Miscellaneous. May use neon signs for interior window displays in commercial and industrial districts. The total amount of neon signage for any one business shall be six (6) square feet. No more than two (2) neon signs shall be allowed for any business. 17. Yard Signs. a. Description. An easily portable temporary sign up to six (6) square feet in size that can be implanted in the ground without use of tools. b. Zoning. Allowed in all zoning districts. bc. Size/Height. Maximum sign area is six (6) square feet in single-family zoning districts and eight (8) square feet in all other zoning districts. Maximum sign height is three (3) feet in single-family zoning districts and five (5) feet in all other zoning districts. cd. Number. i. In single-family districts or uses, One two (12) signs per lotproperty. ii. In multifamily districts or uses, two (2) signs per property; if two (2) or three (3) unit condominium development, two (2) per unit. iii. In commercial or industrial districts, one sign per business. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. de. Location. i. On private property. ii. On property held in common by members of a property owner’s association or on property owned by the business owner’s landlord, but not within any designated parking or loading area. iii. Shall not be located within the public right-of-way in residential zoned areas, except when used as provided in subsection D C of this section. iv. In the public right-of-way adjoining to commercial or industrial zoned property, except on Shea Boulevard B. Electronic Message Centers. Electronic message centers (EMC) are permitted in commercial and industrial zoning districts, and for permitted nonresidential uses in residential zoning districts consistent with the following requirements: 1. There shall be no moving or flashing green or red features that can be mistaken as traffic control devices. 2. Each message on the sign must be displayed a minimum of eight (8) seconds. 3. EMC shall contain static messages only and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design or pictorial segment of the sign, including movement or appearance of movement or any illumination of the flashing, scintillating or varying of light intensity. 4. Message change is allowed through fade, dissolve, travel, or scrolling modes not to exceed two (2) seconds in transition. 5. When a business is closed, the sign may continue to be lit, but may only display a static message. 6. Nighttime Allowances. From one (1) hour after official sunset until one (1) hour before official sunrise, the maximum luminance level of any EMC shall be 100 nits. 7. Measurement Criteria. The luminance of an electronic message center shall be measured with a luminance meter set to measure candelas per square meter (nits) traceable to a National Institute for Standards and Technology (NIST) standard and using accepted professional practices for measurement as established by the Development Services Director. 8. All permitted electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. ambient light conditions, or that can be adjusted to comply with the 100 nits maximum nighttime luminance requirement. 9. In the event a sign is found to be out of compliance with the luminance levels required by this Chapter, the sign shall remain off until the sign is brought into compliance. CB. Temporary Sign Allowances for Construction on Undeveloped Property. 1. The aggregate temporary sign allowances per occupancy are as follows: Table 6.08(C). Aggregate Temporary Sign Allowance by Use per Occupancy Use Maximum Total Area for all Temporary Signs Maximum Number of Signs per Street Front Minimum Separation Single-Family, Attached or Detached 12 sq. ft. 2 N/A Multifamily, Office, Nonresidential in a Single- Family District 32 sq. ft. 2 50 feet Commercial 48 sq. ft. 3 75 feet Industrial 64 sq. ft. 2 N/A 2. Construction on Undeveloped Property. Undeveloped properties with valid building permits may display one (1) temporary sign per street front not to exceed eight (8) square feet in size and a maximum height of five (5) feet. The sign must be on the construction site. The sign must be removed no later than the date when the final inspection is completed. Required government signs for construction projects are exempt from this requirement. CD. Other Signs in for Residential Zoning Districts and Residential PadsUses. 1. Each single-family lot, condominium unit, or model home may place one (1) A-frame, T-frame, or yard sign anywhere on the property. Further, each single-family home, condominium complex, or model home cluster may place one (1) additional A-frame, T-frame, or yard sign off-site at each turning movement beginning at the subject property out to a major street with a maximum of three five (35) additional signs. 2. Signs shall not be located within the public right-of-way associated with Shea Boulevard at any time, but may be located within the public right-of-way of any other street between the hours of official sunrise and official sunset on Fridays, Saturdays, Sundays, and Federal holidays. When located in the right-of- way, shall be placed at least three two (32) feet from the curb or edge of pavement. 3. Miscellaneous Requirements. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. a. No sign may be attached to any utility pole or box, light pole, street sign, bus shelter, or any structure within the public right-of-way. b. Signs shall not damage any vegetation or rest against other objects or vegetation. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Chapter 6 Sign Regulations Section 6.01 Introduction The regulations set forth in this Chapter are intended to encourage attractive signage for businesses and services, optimize the availability of information, and promote the general welfare by creating a more aesthetically appealing community. A. Findings and Purpose. 1. Findings. Signs can obstruct views, distract motorists, obstruct pedestrians or vehicular traffic flow, create safety hazards, create aesthetic blight and visual clutter, and pose other problems that legitimately call for regulation. 2. Purpose. The purpose of this Chapter is to regulate the size, illumination, movement or appearance of movement, materials, location, height, and condition of all signs, as defined herein, and to allow and promote sign communication in a manner that: a. Preserves and protects public health, safety, and welfare within the Town of Fountain Hills; b. Assures the use of a variety of sign forms designed to be sensitive to the context of the location, as a reasonable method of visual communication between groups and individuals; c. Enhances the flow of traffic and the convenience, ease, and enjoyment of travel within the Town of Fountain Hills; d. Restricts circumstances that otherwise may result in injury or damage because of distractions, or obstructions of vision attributable to sign placement or size, or to the illumination of signs that may become a source of undue glare, distraction, or light pollution; e. Avoids visual clutter that may contribute to traffic accidents or be harmful to vehicular traffic or pedestrian safety; f. Promotes the aesthetic and environmental values of the community by providing for signs that do not impair dark skies, property values, business opportunities, community appearance, or the attractiveness of the Town as a place to visit, live, work, and shop; g. Allows signs that are appropriate in scale to the zoning district in which they are located; The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. h. Provides for signs as an effective channel of communication, while ensuring that sign forms are aesthetically designed and proportioned in relation to adjacent structures on the same lot or development site, and that are compatible with their surroundings; i. Promotes the effectiveness of signs by preventing their overconcentration, improper placement, deterioration, and excessive size and number; and j. Supports and enhances commerce within the Town. B. Applicability. 1. Subject of This Chapter. All signs as defined in this Chapter are subject to the provisions of this Chapter as it pertains to: a. The allowance of signs (principally the number, form, material, size, and structure of signs); b. The review and consideration of sign plans and permits; c. The entitlement and issuance of permits; d. The location and placement of signs on all buildings, structures, and land; e. The integration of the design of signs with associated building architecture; and f. The maintenance of signs. 2. The provisions of this Chapter do not apply to the following: a. Address numbers as required by the Fire Code; b. Government signs; c. Traffic control signs, markings, devices; d. Signs authorized or required by Arizona Revised Statutes; e. Public transportation signs; and f. Signs specified as mandatory by any provision of the Fountain Hills Town Code. 3. Most Restrictive Provision Applies. Except when otherwise authorized by a Special Use Permit, Temporary Use Permit, or variance, the most restrictive provision shall prevail in cases in which two or more provisions of this Chapter appear to conflict. 4. Controlling Document. This Chapter is not intended to repeal, abrogate, annul, or in any way impair or interfere with other Town provisions, allowances, or ordinances, except those specifically repealed by the ordinance codified in this Chapter. Where this Chapter imposes a greater restriction on a sign than is The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. imposed or required by other Fountain Hills Town Codes, provisions, allowances, or ordinances, the provisions of this Chapter control. 5. Definitions Used. Definitions for specific terms used in this Chapter are principally found in Section 6.02. Additional definitions are also provided in Chapter 1 of the Zoning Ordinance and in the Fountain Hills Town Code. Definitions not included in this Chapter, the Zoning Ordinance, or the Town Code should be given their plain and ordinary meaning where possible. 6. Effect on Previously Approved Sign Permits and Comprehensive Sign Plans. All sign permits and comprehensive sign plans approved and in effect prior to the effective date of the ordinance codified in this Chapter shall remain in effect. Signs authorized by such comprehensive sign plans shall be developed in accordance with the standards specified by that sign plan and any applicable conditions or stipulations associated with the approval of that sign plan. The development standards and requirements of this Chapter apply if not specifically modified by the applicable adopted sign plan. The Zoning Administrator may approve minor modifications to approved plans regarding design, height, number, or sign area that do not exceed the maximum(s) allowed by this Chapter. C. Repeal and Severability. 1. If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Chapter. The Town of Fountain Hills hereby declares that it would have passed the ordinance codified in this Chapter, and each section, subsection, sentence, clause, and phrase thereof, regardless of whether any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. 2. Effect on Previous Proceedings. Nothing contained in this Chapter affects rights and duties that matured, penalties that were incurred, and proceedings that began before its effective date, notwithstanding the provisions of subsection (C)(1) of this section. D. Consent of Property Owner Required. Unless otherwise permitted, no person shall construct, place, display, or maintain any sign without the written consent of the property owner, the property owner’s agent, or an authorized representative. E. Noncommercial Message Substitutions Allowed. Notwithstanding any other provisions of this Chapter to the contrary, any noncommercial message may be substituted for the message placed on any sign permitted by this Chapter. F. Responsible Party. 1. Posting Sign. The person, group, or organization directing the posting, installation, or erection of a sign is responsible for assuring the compliance of the sign with the requirements of this Chapter. This includes the placement, removal, maintenance, replacement, or alteration of the sign, as may be applicable. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 2. Owner or Occupant. If the person directing the posting, installation, or erection of the sign does not remove, maintain, replace, or alter the sign in accordance with the requirements of this Chapter, then the property owner or occupant of the building where the sign is posted is responsible for either replacing the sign with a sign that complies with this Chapter or removing the sign. (21-09, Amended, 05/18/2021, Deleted and replaced) Section 6.02 Definitions “A-frame” or “T-frame” sign, see Sec. 6.08 A 1 for description, allowances, and standards. “Awning” or “canopy” sign, see Sec. 6.08 A 2 for description, allowances, and standards. “Balloon”, see Sec. 6.08 A 3 for description, allowances, and standards. “Banner”, see Sec. 6.08 A 4 for description, allowances, and standards. “Building wall sign”, see Sec. 6.08 A 5 for description, allowances, and standards. “Drive-through sign”, see Sec. 6.08 A 6 for description, allowances, and standards. “Electronic message centers”, means a permanent sign that is capable of displaying alternating, variable, or changeable copy that is electronically changed by remote or automatic means (see Sec. 6.07 C 4 for description, allowances, and standards). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Feather” or “flag banner” means a temporary sign made of fabric or vinyl attached to a pole on one side. This sign type is prohibited, see Sec. 6.07 E 9. “Flag”, see Sec. 6.08 A 7 for description, allowances, and standards. “Freestanding wall/fence sign”, see Sec. 6.08 A 8 for description, allowances, and standards. “Hanging” or “under-canopy” sign, see Sec. 6.08 A 9 for description, allowances, and standards. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Monument sign”, (see Sec. 6.08 A 10 for description, allowances, and standards. “Off-site sign” means a sign portraying information or directing attention to a business, activity, commodity, service, product, or event that is not conducted, sold, or offered on the premises upon which the sign is located. Includes signs commonly referred to as “billboards.” “On-site directional” sign, see Sec. 6.08 A 11 for description, allowances, and standards. “Permanent sign” means a sign made of durable material that is intended to be and is constructed in a manner that is permanent. Such a sign may be either attached or anchored to a building or wall or have its own foundation and structural supports. When detached from a building, permanent sign structures are constructed of durable materials such as brick, stone, metal, concrete, or related materials. “Post and board” sign, see Sec. 6.08 A 12 for description, allowances and standards. “Projecting sign”, see Sec. 6.08 A 13 for description, allowances and standards. “Residential directional sign” means A-frame, T-frame, or yard signs used to direct traffic to a home, see Sec. 6.08 D for allowances and standards. “Roof sign” means a sign affixed on, above, or over the roof of a building so that it projects above the roofline. The top of a parapet wall shall be considered the roofline. The highest point of a mansard roof shall be The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. considered the roofline. Where a parapet wall is combined with a mansard roof, the roofline shall be the top of the parapet. "Sign walker”, see Sec. 6.08 A 13 for description, allowances, and standards. “Sign” means any device placed to attract attention by providing identification, advertising or directional information for a business, service, product, person, organization, place, or building when the display of this device is visible beyond the boundaries of the public or private property upon which the display is made. Included in this definition are graphic devices such as logos and attention-attracting items such as banners or logo sculptures. “Sign copy” means the letters, numerals, figures, symbols, illustrations, logos, and graphic characters used to make up the sign message. “Temporary sign” means a sign constructed of fabric, canvas, vinyl, foam-core, plywood, sheet metal, or plastic that is neither permanently installed in the ground nor permanently affixed to a building or structure and that is intended to serve a short-term or temporary condition. Temporary signs include signs resting atop the ground, or affixed to the ground by a temporary anchoring system, including, but not limited to, stakes, ballasts, or by being embedded in the ground (for large temporary signs). “Town Center pedestrian area” is designated as shown in the figure below. TOWN CENTER PEDESTRIAN AREA The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. “Vehicle sign”, see Sec. 6.08 A 15 for description, allowances, and standards. “Window sign”, see Sec. 6.08 A 16 for allowances and standards. “Yard sign”, see Sec. 6.08 A 17 for description, allowances, and standards. (21-13, Amended, 11/02/2021; 21-09, Amended, 05/18/2021, Deleted and replaced) The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Section 6.03 Building Permits – Fees A. Except as provided herein, it shall be unlawful to erect, install and/or modify any permanent sign within the Town without first applying for and obtaining a building permit from the Development Services Department. “Modify,” as it is used herein, shall mean any change to: 1. The size or shape of an existing sign; 2. Electrical components; 3. Design; and/or 4. Supporting structures. B. A building permit shall not be required for the following activities or types of signs; provided, however, that such signs shall be subject to any and all applicable provisions of this Chapter, including Zoning Administrator approval when required: 1. Street address numbers. 2. Any sign four (4) square feet or less in area not otherwise prohibited by this Chapter. 3. Repainting. 4. Minor, nonstructural repairs to signs or sign supports. 5. Temporary signs. 6. Window signs. 7. Changes to a sign panel or copy on an existing sign. C. Failure to conform to the conditions of a building permit, including any conditions and/or stipulations attached thereto by the Town Council and/or Board of Adjustment, shall render such permit void. D. Fees for building permits shall be required and payable in such sums as the Town Council may from time to time establish as part of the Town’s annual budget or by separate resolution. E. A building permit for a sign does not include electrical work (a separate building permit application is needed for electrical work); however, this exemption shall not be deemed to grant authorization for any work to be done in violation of the provisions of the Fountain Hills Town Code or any other laws or ordinances. F. Building permit applications for signs shall include sufficient information regarding the size of the property, the building, and the tenant occupancy; the dimensions and size of each sign; sign height and location; lighting, including information needed to determine compliance with Chapter 8, Outdoor Lighting The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Control, of the Zoning Ordinance; materials used; and other pertinent information as needed to evaluate the proposed sign for compliance with this Chapter. (21-09, Amended, 05/18/2021, Deleted and replaced) Section 6.04 Violations, Enforcement, and Penalty A. Permanent Signs. 1. Any of the following shall be a violation of this Chapter and shall be subject to the enforcement remedies and penalties provided by the Town of Fountain Hills Zoning Ordinance, Fountain Hills Town Code, and by state law, as applicable: a. To install, create, erect or maintain any sign in a way that is inconsistent with any plan or permit governing such sign or the zone within which the sign is located. b. To install, create, erect or maintain any sign requiring a permit without such a permit. c. To fail to remove any sign that is installed, created, erected or maintained in violation of this Chapter, or for which the building permit has lapsed. d. To fail to remove any sign identifying or advertising a business or any product sold thereby in the event the business ceases operation for more than a ninety (90) day period or has no active business license. 2. If any such violation is continued, then each day of a continued violation shall be considered a separate violation when applying the penalty provisions set forth below. In the case of outdoor advertising uses or structures, the violation must constitute an immediate threat to the health and safety of the general public before each day of a continued violation may be considered a separate violation for penalty purposes. 3. The violations set forth in this section are declared to be civil in nature. The responsible parties for enforcement purposes are: a. The owner or operator of the business identified on the sign; and b. The owner of the property to which the sign is directing pedestrian or vehicular traffic. c. The owner of the property where the sign is physically located. 4. Enforcement of permanent sign regulations may be made through the use of the civil citation process set forth in Section 1-8-3 of the Town Code. And/or through one of the actions listed below: a. Issuing a stop-work order for any and all work on any signs on the same lot; The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. b. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity; or, c. In the case of a sign that poses an immediate danger to the public health or safety, the Town may take such measures as are available under the applicable provisions of the Zoning Ordinance and Building Code for such circumstances. d. The Town shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the Zoning Ordinance. B. Temporary Signs. 1. It shall be a violation of this Chapter to install, erect or maintain any temporary sign in a way that is inconsistent with the provisions of this Chapter. 2. If any such violation is continued, then each day of a continued violation shall be considered a separate violation when applying the penalty provisions set forth below. In the case of outdoor advertising uses or structures, the violation must constitute an immediate threat to the health and safety of the general public before each day of a continued violation may be considered a separate violation for penalty purposes. 3. Enforcement of temporary sign regulations include, but are not limited to, the following: a. Issuing a civil citation for the violation as set forth in Section 1-8-3 of the Town Code; b. Confiscation of sign(s); and/or, c. Any of the enforcement methods provided for permanent signs, as applicable. C. All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. Section 6.05 – Reserved The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Section 6.06 Sign Plans Sign plans may be used to establish unique signage criteria to a given property or for a combination of properties that function as an integrated commercial complex. A. Purpose. The purpose of a sign plan is to: 1. Allow for unique sign design based on the unique or unusual physical characteristics of a given property; 2. Provide the opportunity to adjust the balance of attached and detached sign allowances; 3. Encourage unified signage in commercial and industrial complexes; and 4. Encourage creative design of signs. B. Application Requirements. 1. A written request signed by the property owner(s) and payment of the required fee. 2. A written project narrative describing the proposed sign plan with any deviations from current code requirements being requested. 3. Graphic illustrations depicting, at a minimum: a. Proposed sign locations and sizes; b. The proposed signs including sign base/structure for detached signs; c. Type of illumination; and d. Color and material boards for signs and sign structures. C. Review Criteria and Sign Design. 1. Review Criteria. The Zoning Administrator may approve a sign plan containing elements that exceed by up to ten (10) percent the permitted height and area of signs as specified in this Chapter if the sign plan conforms with at least one of the following criteria: a. The development contains unique or unusual physical conditions, such as topography, proportion, size, or relation to a public street that would limit or restrict normal sign visibility; or b. The proposed or existing development exhibits unique characteristics of land use, architectural style, site location, physical scale, historical interest, or other distinguishing feature(s) that represent a clear variation from conventional development; or The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. c. The proposed signage incorporates special design features such as lighting, materials and craftsmanship, murals, or statuaries that reinforce or are integrated with the building architecture. 2. Creative Design. Applications for consideration of a sign plan should include creative design elements that incorporate the design of the sign into the architecture of the building. Signs which go beyond the minimum guidelines provided in Section 6.07(G) by meeting the criteria below can increase their allowed sign area by an additional ten (10) percent. To qualify for the additional sign area, the sign shall: a. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area; b. Be of unique design, and exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; c. Utilize or enhance the architectural elements of the building; and d. Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion. D. Approval. The sign plan shall be reviewed and approved by the Zoning Administrator. (21-09, Amended, 05/18/2021, Deleted and replaced) Section 6.07 General Regulations A. Maintenance. 1. Any sign hereafter erected or maintained shall maintain conformance to the provisions of this Chapter and the provisions of the Town Code. 2. Every sign permitted by this Chapter must be kept in good condition and repair. 3. When any sign becomes in danger of falling, or is otherwise deemed unsafe by the Town’s Chief Building Official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this Chapter, the property owner, or the person or firm using the sign, shall, upon written notice by the Chief Building Official, or immediately in the case of immediate danger, and in any case within not more than ten (10) days after notice: a. Make such sign conform to the provisions of this Chapter; or b. Remove the sign. 4. If, within ten (10) days, the order is not complied with, the Chief Building Official may remove the sign or cause the sign to be removed at the expense of the property owner and/or user of the sign. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. B. Sign Location, Prohibited Locations. 1. Location Requirement. Signs shall be placed on the property for which the business, activity, commodity, service, product, or event is conducted, sold, or offered. The following exceptions may be allowed: a. In the case of condominium developments, the common area can be used for signage for any occupancy within the condominium. b. As provided in Section 6.06 commercial and industrial developments that have multiple properties that utilize a common access and parking field may utilize a sign plan to allow for common street frontage monument signs that provide signage for individual businesses in the development but not on the same property as the sign. c. Temporary signs may be allowed off-site in the public right-of-way as specified in for each sign type in Section 6.08. 2. Prohibited Locations. Signs are prohibited in the following locations: a. Town rights-of-way and public property. More specifically: i. Within, on, or projecting over the right-of-way, except as: 1. Specifically provided for in this Chapter for A-frame, T-frame, Post and Board, and Yard signs; 2. Allowed through Town approval of a special event permit; or 3. Allowed by state statutes during elections. ii. Within a median or on public property, unless otherwise permitted by this Chapter. b. In a manner that creates safety, visibility, or access hazards. More specifically: i. Placed in a manner that obstructs the visibility of any authorized traffic sign, traffic signal, or another traffic control device. ii. Placed in a manner that blocks the vehicular line of sight at a street intersection, or the intersection of a street and driveway. iii. Placed in a manner that obstructs ADA access or prevents ingress or egress from any window or door, or other access-way required by the Building Code or Fire Code as adopted by the Town of Fountain Hills. iv. Located contrary to the standards of horizontal and vertical clearance from electrical wires and conductors as specified in the Building Code as adopted by the Town of Fountain Hills. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. c. In a manner that interferes with or obstructs the architectural design of the building. More specifically: i. Covers the architectural features of a building such as dormers, insignias, pilasters, soffits, transoms, trims, or similar architectural elements or devices. ii. Placed on the roof of a building or extends higher than the highest point of the portion of the building to which the sign is attached. d. Miscellaneous prohibited locations. i. Affixed to fuel tanks, storage containers, or solid waste receptacles, except signs related to the manufacturer’s or installer’s identification, warning signs, and placards, and information otherwise required by law. ii. Tacked, painted, burned, cut, pasted, or otherwise affixed to trees, shrubs, posts, ladders, benches, or similar supports if visible from across a property boundary or from the right-of- way. iii. Attached to a standpipe, gutter, drain, or fire escape, or placed in a manner that impairs roof access. e. Temporary signs within the Shea Boulevard right-of-way, except as specifically provided in this Chapter. C. Nonconforming Signs. 1. Any sign legally existing at the time of the passage of the ordinance codified in this Chapter that, due to changes in this Chapter, no longer conforms in use, location, height or size with the regulations of this Chapter shall be considered a legal nonconforming use and may continue in use until such time as it is removed or abandoned for a period of six or more continuous months. Except as otherwise set forth in subsections (C)(2) and (C)(3) of this section, any change in the sign, including a 50% or more change of sign copy, shall be considered an abandonment and the legal nonconforming status of the sign shall become void. 2. Whenever the name of a business or other sign text changes, any legal nonconforming signs associated with the business shall be modified to bring them into conformance with this Chapter, even though the change is a change of sign copy only. This subsection shall not apply to signs designed with interchangeable letters or panels or to the text area of a monument sign. 3. Legal nonconforming freestanding signs, sign structures, poles and other related equipment that have been abandoned or not in use for more than six months shall be removed and the building, land or site restored to its original state. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 4. Electronic Message Center Signs approved prior to the adoption of this ordinance are legal, nonconforming signs which can continue to operate according to the regulations stated below provided, if they are abandoned as provided in C. 1. or C. 3, they shall no longer be allowed and must be removed. a. There shall be no moving or flashing green or red features that can be mistaken as traffic control devices. b. Each message on the sign must be displayed a minimum of eight (8) seconds. c. EMC shall contain static messages only and shall not have movement, or the appearance or optical illusion of movement, of any part of the sign structure, design or pictorial segment of the sign, including movement or appearance of movement or any illumination of the flashing, scintillating or varying of light intensity. d. Message change is allowed through fade, dissolve, travel, or scrolling modes not to exceed two (2) seconds in transition. e. When a business is closed, the sign may continue to be lit, but may only display a static message. f. Nighttime Allowances. From one (1) hour after official sunset until one (1) hour before official sunrise, the maximum luminance level of any EMC shall be 100 nits. g. Measurement Criteria. The luminance of an electronic message center shall be measured with a luminance meter set to measure candelas per square meter (nits) traceable to a National Institute for Standards and Technology (NIST) standard and using accepted professional practices for measurement as established by the Development Services Director. h. All permitted electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 100 nits maximum nighttime luminance requirement. i. In the event a sign is found to be out of compliance with the luminance levels required by this Chapter, the sign shall remain off until the sign is brought into compliance. D. Standards of Measurement. 1. Sign Area Measurement. Sign area for all sign types is measured as follows: a. For sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed, the sign area is the area within the outside dimensions of the background panel or surface. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Example Sign Copy Area b. For sign copy consisting of individual letters and/or graphics affixed to a wall or portion of a building that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy, the sign area is the area within the sum of the one (1) or two (2) smallest tangent rectangle(s) or other standard geometric shapes (e.g., circle, triangle, regular ellipse, regular rhombus, or regular parallelogram), or combination of rectangles and standard regular geometric shapes that will enclose both the sign copy and background. When two (2) shapes are used, the shapes must include at least one (1) point of common tangency between the two (2) shapes. Example Sign Area c. For sign copy mounted or painted on an internally illuminated sign or internally illuminated element of a building, the entire internally illuminated surface or architectural element that contains sign copy will be counted as sign area. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Example Illuminated Sign Area d. Multifaced signs: i. One face: the sign area is the area of the single face only. ii. Two faces: if the interior angle between the two sign faces is forty-five (45) degrees or less, the sign area is the area of one face only; if the angle between the sign faces exceeds forty-five (45) degrees, the sign area is the sum of the areas of the two faces. iii. Three or more faces: the sign area is the sum of areas of all the sign faces. Example Sign Face Area iv. Three dimensional, sculptural or other nonplanar signs: the sign area will be the sum of the areas of the vertical faces of the smallest polyhedron that will encompass the sign structure. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Example Dimensional Sign Area 2. Sign Height Measurement. Sign height is measured as follows: a. Freestanding Sign. Sign height is the distance from the top of the sign face or structure (except for architectural embellishment as provided below), whichever is taller, to the top of curb of the public road nearest the sign, or to the crown of public road nearest the sign if no curb exists. Example Freestanding Sign Height b. Wall or Fascia Mounted Signs. Sign height is the distance measured from a point perpendicular to the top of the midpoint of the sign structure, to the top of the finished floor of the ground floor level directly below the midpoint of the sign. Example Midpoint of Sign The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. E. Prohibited Signs. Signs not specifically authorized herein are prohibited, including, but not limited to, the following: 1. Neon signs, except as permitted in Section 6.08(A)(16). 2. Any sign emitting sound. 3. Any animated or moving sign, including televisions or signs with streaming video. 4. Mobile signs, except for sign walkers or as otherwise specifically permitted. 5. Billboards. 6. Non-electrically illuminated signs. 7. Any nonpublic signs in public right-of-way or on public property, except as otherwise specifically permitted. 8. All off-site signs, except as specifically permitted in this Chapter. 9. All banners, pennants, streamers, feather signs, balloons, flags, searchlights, strobe lights, beacons, and inflatable signs, except as specifically defined and permitted in this Chapter. 10. Any sign imitating an official traffic control sign and any sign or device obscuring one or more traffic control signs or devices. 11. Any sign which is structurally unsafe, unsafely installed, or otherwise hazardous to physical safety. 12. Signs not authorized by the property owner. 13. Electronic message centers F. Illumination. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. 1. Temporary signs shall not be illuminated. 2. Sign illumination, where allowed, shall be in conformance with provisions of Chapter 8, Outdoor Lighting Control, of the Zoning Ordinance. 3. When externally illuminated, the source of a sign’s illumination shall not be visible from any adjacent residential streets or neighborhoods. 4. No illuminated sign shall be placed or constructed on a vacant or undeveloped lot or parcel. 5. The following types of illumination are prohibited: a. Flashing, blinking, or rotating lights; b. Metal halide lighting; c. High- or low-pressure sodium light bulbs; and d. Mercury vapor light sources. 6. See Section 6.07 C. 4. for luminance standards for electronic message centers. G. Design Guidelines and Standards for Signs and Sign Structures. 1. Permanent signs and sign structures should: a. Be designed to be attractive and artistic; b. Incorporate design features associated with the buildings or structures, and should constitute an architectural component of the overall development that is compatible with, and not incongruous to, the architectural style and character of the development of the property associated with the sign; and c. Utilize materials and design themes consistent with the architectural design theme of the development, as expressed by the building architecture, landscaping, and overall site development. 2. Permanent signs and sign structures: a. Shall be mounted so that the attachment device is not visible. b. Letters attached or anchored to the face of an exposed standard raceway should be architecturally designed and integrated into the building. c. Raceways shall either: i. Be finished to match the color of the building adjacent to the raceway and design elements of the building, or The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. ii. When a raceway is provided as an architectural enhancement to the building elevation, the raceway must be in a contrasting color and material. 3. Temporary signs shall be made of durable materials and properly maintained in good repair. Section 6.08 Sign Requirements and Allowances A. Sign Types. The following sign types are allowed in Fountain Hills: 1. A-Frame and T-Frame Signs. a. Description. A self-supporting, temporary, lightweight, portable sign made of durable, nonpliant material such as wood, sheet metal, or plastic that is designed to rest atop the ground without penetrating the ground. b. Zoning/Use. i. Single-family and multifamily residential zoning districts, PAD zoning with a residential land use, and residential developments in commercial zoning districts only when in compliance with subsection C of this section; ii. Commercial or industrial zoning districts; and iii. PADs with commercial or industrial uses. c. Size/Height. i. Maximum sign area for any sign is six (6) square feet. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. ii. When multiple signs are used, the maximum aggregate area is nine (9) square feet. iii. Maximum sign height is three (3) feet. d. Number. i. In single-family and multifamily districts, as allowed by subsection C of this section. ii. One per business per public entry in commercial or industrial districts with a maximum of two per business. e. Location. Shall not be used as an off-site sign, except as provided below: i. On property held in common by members of a property owner’s association or on property owned by the business owner’s landlord, but not within any designated parking or loading area. ii. As provided in subsection C of this section for residential zoning and land uses. iii. In the public right-of-way, including Shea Boulevard, under the following conditions: 1. All commercial and industrially zoned areas and in the right-of-way adjoining these zoning districts. 2. Signs placed in the public right-of-way must adhere to the following requirements: a. Shall not be located on the paved portion of any public street or in any median; b. Shall not be located within a designated parking or loading area; c. Shall not be located in a manner that poses a traffic vision hazard; d. Shall not be located on a public sidewalk except in the Town Center Pedestrian area when there is at least four (4) feet of clear passage around at least one side; e. Shall be at least two (2) feet from any curb or edge of pavement; and, f. Shall be removed between the hours of official sunset and official sunrise, except in the Town Center Pedestrian area. f. Miscellaneous Requirements. i. Attachments to A-frame signs are limited to not more than four (4) balloons or flags, no more than one (1) square foot in size, flown no higher than six (6) feet from the ground. ii. Landscaping cannot be modified or damaged to accommodate an A-frame sign. 2. Awning or Canopy Sign. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. a. Description: A permanent sign that is applied to, placed on, affixed to, or painted on an awning or canopy. b. Zoning/Use. i. Permitted nonresidential uses in a residential zoning district; ii. An apartment building in a multifamily zoning district; iii. Commercial or industrial zoning districts; and iv. PADs with similar uses. c. Size/Height. i. A sign placed on the side or face of an awning or canopy may not exceed 25% of the area of the face of the awning or canopy on which the sign is placed. ii. A sign placed on top of a canopy may not exceed one (1) square foot of area for each linear foot of the length of the canopy on the side containing the sign for single occupancies and for the length of the occupancy for multiple occupancy buildings. d. Number. One (1) sign per occupancy. e. Location. On an approved canopy. f. Miscellaneous Requirements. i. When placed on top of a canopy, must consist of individual alphanumeric characters only. 3. Balloons. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. a. Description. A temporary sign professionally made from a bag or similar flexible, nonrigid enclosure that holds gas or air and is attached by a tether to a fixed place. b. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Commercial or industrial zoning districts; and iii. PADs with similar uses. c. Size/Height. No balloon shall be bigger than twenty-four (24) inches in diameter and can be no higher than six (6) feet from the ground. d. Number. N/A. e. Location. i. When part of a business, within the area leased by the business. ii. When adjacent to a building, not more than four (4) feet from the face of the building and within twenty (20) feet of the main building entrance. iii. When attached to an authorized temporary sign, in locations where the temporary signs are permitted. iv. Shall not be displayed within the perimeter landscape area. v. Shall not encroach within on-site fire lanes. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. vi. Shall not be attached to or hung from a tree or shrub. vii. Shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, or at any location where, by its position, shape or color, it may interfere with or obstruct the view of or be confused with any authorized traffic signal, sign or device. f. Miscellaneous Requirements. i. Balloons must be tethered to a secure location that prevents high winds from removing the balloon or causing it to create an obstruction. ii. May be displayed for a maximum of thirty (30) days per calendar year. Additional days may be approved through approval of a Temporary Use Permit. 4. Banners. a. Description. A temporary sign made of canvas, plastic, vinyl, or other pliable material attached to a wall, frame, stakes, or other support structure by at least the four corners of the banner. b. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Multifamily developments containing more than twenty (20) units in multifamily or commercial zoning districts; iii. Commercial or industrial zoning districts; and iv. PADs with similar uses. c. Size/Height. Maximum sign area shall be thirty-two (32) square feet. d. Number. One (1) per occupancy. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. e. Location. i. Within the area owned or leased by the business or use. ii. Shall not be displayed in any parking space, drive aisle or the required perimeter landscape area. iii. Shall not encroach within on-site fire lanes. iv. Shall not be attached to or hung from a tree or shrub. v. Shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, or at any location where, by its position, shape or color, it may interfere with or obstruct the view of or be confused with any authorized traffic signal, sign or device. f. Miscellaneous Requirements. i. A Banner Permit must be obtained from the Development Services Department prior to display of a banner sign. Except for new businesses as allowed in iii. 2. below, each permit shall be for a maximum of 30 days. ii. Banners must be affixed to a secure location that prevents high winds from removing the banner or causing it to create an obstruction. iii. Display of banner signs is subject to the following time allowances: 1. A maximum of thirty (30) days at a time for a total maximum of one hundred fifty (150) days per calendar year. Additional days may be approved through approval of a Temporary Use Permit. 2. New businesses, as documented through the issuance of a new business license, may be approved for display of a banner sign for up to one calendar (1) year from the date the business opens. Sign must be maintained in good repair. Message on the sign may be changed up to four times during the year. 5. Building Wall Sign. a. Description. A permanent sign mounted flat against or painted on the wall of a building with the exposed face of the sign in a plane parallel to the face of the wall. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. b. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Apartment complexes containing more than twenty (20) units in multifamily or commercial zoning districts; iii. Commercial or industrial zoning districts; and iv. PADs with similar uses. c. Size/Height. i. One and one-half (1.5) square feet of sign area is allowed for each lineal foot of occupancy frontage along a street. All occupancies with an exterior wall are allowed a minimum of twenty- four (24) square feet of signage. The maximum allowed sign area for an individual sign is one hundred (100) square feet. ii. Corner buildings may transfer up to 25% of the area from one building frontage to the other if the angle of the building at the corner is between forty-five degrees (45˚) and ninety degrees (90˚). Each side of corner buildings with building frontages less than forty-five degrees (45˚) and between ninety degrees (90˚) and one hundred eighty degrees (180˚) shall be considered as one frontage and may not transfer sign area. iii. Sign area must allow a minimum of a two (2) foot border from the edge of the building or suite frontage, or a minimum two (2) foot separation between signs, whichever is greater. d. Number. One sign for each fifty (50) feet of occupancy per street frontage, or portion thereof. e. Location. Shall not be located in a manner that is prohibited in Section 6.07(B)(2)c). The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. f. Miscellaneous Requirements. i. Each wall sign may project no more than twelve (12) inches from the surface of the wall to which is it attached. ii. Reverse pan channel letters with halo illumination must not exceed a one and three-quarters (1.75) inch separation from the wall. iii. In the C-2, C-3, and TCCD zoning districts, a building wall sign may be added to a secondary entrance in addition to total aggregate sign area if the following criteria are met: 1. Sign area shall not exceed 25% of the primary total aggregate sign area. 2. The secondary entrance must not be visible from the main public entrance. 3. The secondary entrance must face a rear parking area, common area or public use frontage. 6. Drive-Through Sign. a. Description. A permanent, freestanding sign adjacent to a drive-through, typically placed in or near an area where orders are taken from occupants of a vehicle. b. Zoning/Use. Commercial or industrial zoning districts or PAD with similar uses. c. Size/Height. Maximum sign area shall be twenty (20) square feet. Maximum sign height is five (5) feet. d. Number. Maximum of one (1) per drive-through lane. e. Location. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. i. Within five (5) feet of a drive-through lane. ii. Cannot be readable from any public street or alley. iii. Must be at least one hundred fifty (150) feet from any residential zoning district or fully screened from residential view by a masonry wall. f. Miscellaneous Requirements. i. Minimum of four (4) square feet of landscaping per one (1) square foot of sign area shall be provided at the base of the sign. 7. Flags. a. Description. A fabric sheet of square, rectangular, or triangular shape that is designed to be mounted by a cable or rope to a pole at one end. b. Zoning/Use. Allowed in all zoning districts. c. Size/Height. i. The maximum size of a flag is twenty-four (24) square feet in residentially zoned property or property zoned PAD with residential uses and sixty (60) square feet in all other zoning districts. ii. The maximum flagpole height is the height allowed in the zoning district and Section 5.07(B). d. Number. i. If hung from the side of a building, one (1) per unit or tenant space. ii. Each flagpole may contain up to two (2) flags. e. Location. Flagpoles must be located so that if the pole should fall, it will remain on the property containing the pole. f. Miscellaneous Requirements. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. i. Developed single-family lots may contain one flagpole. ii. Model home complexes may have two (2) flagpoles on one (1) lot and one (1) flagpole on additional lots up to a maximum of five (5) flagpoles. iii. All other properties may have up to two (2) flagpoles. iv. The length of the flag, which is the longer side of the flag that is perpendicular to the flagpole, shall not exceed one-third (1/3) of the in-ground pole height. v. May be hung on the side of a building only on national or state holidays. 8. Freestanding Wall/Fence Sign. a. Description. A permanent sign that is applied to, placed on, affixed to, or painted on a wall or fence that is not part of the building(s) on the property. b. Zoning/Use. i. Subdivision entry feature for single-family and multifamily developments in all residential zoning districts; ii. Commercial or industrial zoning districts; and iii. PADs with similar uses. c. Size/Height. Maximum sign area is twenty-four (24) square feet. Maximum sign height is six (6) feet. d. Number. One per development entry. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. e. Location. Part of or attached to a perimeter wall surrounding a development. f. Miscellaneous Requirements. i. A minimum of two (2) square feet of landscape area per one (1) square foot of sign area shall be provided at the base of the sign. ii. Sign area may be back-lit such that the source of illumination is not visible; provided, however, that back-lit, nonopaque panels are not permitted. iii. The text area of the sign may be illuminated by fully shielded, ground mounted directional lighting. 9. Hanging or Under-Canopy Sign. a. Description. A permanent sign suspended from and located entirely under a covered porch, covered walkway, awning, or canopy. b. Zoning/Use. Any commercial or industrial zoning district and PADs with similar uses. c. Size/Height. Maximum sign width is twenty-four (24) inches, maximum sign height is twelve (12) inches. Minimum clearance is at least eight (8) feet from the bottom of the sign to the sidewalk or surface beneath the sign. d. Number. One (1) per occupancy. e. Location. Under an awning or canopy associated with the business or activity. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. f. Miscellaneous Requirements. i. If located over an abutting Town right-of-way, must obtain an encroachment permit from the Town. 10. Monument Sign. a. Description. A permanent sign mounted on or incorporated into a solid, self-supporting base that is not part of a building or wall. b. Zoning/Use. i. Permitted nonresidential uses in residential zoning districts; ii. Entry feature into a subdivision in single-residence zoning districts; iii. Apartment or condominium complex containing more than twenty (20) dwellings in multifamily zoning districts; iv. Commercial or industrial zoning districts; and v. PADs with similar uses. c. Size/Height. Table 6.08(B). Size and Height Allowances for Monument Signs Zoning District Maximum Size Maximum Height Single Residential 32 sq. ft. 6 feet Multi-residential 32 sq. ft. 8 feet The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. Zoning District Maximum Size Maximum Height Commercial/Industrial 50 sq. ft. for an individual sign 12 feet d. Number. One monument sign per lot or parcel for each full three hundred (300) feet of street frontage. e. Location. i. Along a street frontage, but not within a public right-of-way. ii. Must be separated from any other monument sign on the same property by at least one hundred fifty (150) feet. f. Miscellaneous Requirements. i. A minimum of two (2) square feet of landscaping per one (1) square foot of sign area provided at the base of the sign. ii. Sign may be internally illuminated. iii. Sign area may be back-lit such that the source of illumination is not visible; provided, however, that back-lit, nonopaque panels are not permitted. iv. The text area of the sign may be illuminated by fully shielded, ground mounted directional lighting. 11. On-Site Directional Sign. a. Description. A small permanent sign located adjacent to a driveway or drive aisle. b. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. c. Size/Height. Maximum sign area is four (4) square feet. Maximum sign height is five (5) feet. d. Number. As needed. e. Location. At least twenty (20) feet from a public street and within five (5) feet of a driveway or drive aisle. 12. Post and Board Sign. a. Description. A temporary sign constructed of plywood, sheet metal, thick plastic, or similar material attached to one or two posts fixed in the ground. b. Zoning/Uses. Allowed in all zoning districts. c Size/Height. i. Developed properties and undeveloped properties five (5) acres or less in size, the maximum sign area is six (6) square feet. Maximum sign height is five (5) feet in residentially zoned property and eight (8) feet in non-residentially zoned property. ii. Undeveloped property more than five (5) acres in size, maximum sign area is thirty-two (32) square feet. Maximum height is eight (8) feet. d. Number. One (1) per lot per street front. For two (2) and three (3) unit condominium developments, may have one per unit. e. Location. i. Shall not be used as an off-site sign, except on property held in common by members of a property owner’s association, a condominium association, or on property owned by the business owner’s landlord, but not within any designated parking or loading area. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. ii. A property owner may place a sign within the public right-of-way provided all portions of the sign structure and sign face are at least two (2) feet from the curb or edge of pavement and do not overhang a sidewalk, and the sign is not within a sight visibility triangle for a street intersection or driveway. 13. Projecting Sign. a. Description. A permanent sign attached to a building in a manner such that its face is not parallel to the building to which it is attached. b. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. c. Size/Height. Maximum sign width is three and one-half (3.5) feet. Maximum sign height is six (6) feet. Minimum clearance is eight (8) feet from the bottom of the sign to the sidewalk or surface beneath the sign. d. Number. One per building. e. Location. On the building outside the tenant space for which the sign is located. f. Miscellaneous Requirements. i. If encroaching over an abutting Town right-of-way line, must obtain an encroachment permit from the Town. 14. Sign Walkers. a. Description. A person who wears, holds, waves, or balances a sign in order to convey a commercial message. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. b. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. c. Size/Height. Maximum sign area is five (5) square feet. d. Number. One sign per business. e. Location. i. If located in the right-of-way, a sign walker shall be positioned behind the curb, or, if no curb is present, ten (10) feet behind the edge of pavement. ii. Sign walkers shall be positioned so as to not obstruct vehicle sight lines and road “clear zones” established by the Town Engineer in accordance with traffic engineering standards. iii. Sign walkers shall not obstruct the free movement of pedestrians on sidewalks. iv. Sign walkers are not allowed in the medians of public or private streets. f. Miscellaneous Requirements. i. Sign walkers shall not erect or place tents, temporary structures, umbrellas, chairs or stools anywhere within the public right-of-way or on adjacent property. 15. Vehicle Sign. a. Description. A sign painted, attached, or affixed to a trailer, watercraft, truck, automobile, or other form of motor vehicle. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. b. Zoning/Uses. Commercial and industrial zoning districts and PADs with similar uses. c. Size/Height. N/A. d. Number. N/A. e. Location. Vehicle must be parked in an authorized location and in a lawful manner that is not distinct or different from the predetermined parking area design. f. Miscellaneous Requirements. i. The vehicle must be operable and currently registered per Town Code. The primary purpose of the vehicle shall be in the operation of the business, e.g., transporting goods or providing services, and not displaying a sign. ii. Business or commercial vehicles displaying signage or advertising as a normal part of business activity may be parked in an off-street parking space adjacent to the business to which the vehicle relates as far from the public right-of-way as possible. If the vehicle is visible from the public right-of-way it shall not remain in the same parking space for more than forty-eight (48) hours. iii. Unless otherwise permitted, signs mounted, attached or painted on trailers, boats, motor vehicles or any moveable object placed on premises specifically to serve as additional signage are prohibited; they shall not become additional, permanent freestanding signs. iv. No sign shall be erected or attached to any vehicle except for signs that are magnetically attached to or permanently painted or wrapped on the surface of a vehicle. 16. Window Sign. a. Description. Any poster, cut-out letters, painted text or graphics, or other text or visual presentation affixed to, or located within six (6) feet behind, a window pane and placed to be read from the exterior of a building. Such signs may be permanent or temporary. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. b. Zoning/Uses. Commercial or industrial zoning districts and PADs with similar uses. c. Size/Height. May not cover more than fifty (50) percent of any window. d. Number. N/A. e. Location. On a window or within six (6) feet behind a window when intended to be viewed from outside the building. f. Miscellaneous. May use neon signs for interior window displays in commercial and industrial districts. The total amount of neon signage for any one business shall be six (6) square feet. No more than two (2) neon signs shall be allowed for any business. 17. Yard Signs. a. Description. An easily portable temporary sign up to six (6) square feet in size that can be implanted in the ground without use of tools. b. Zoning. Allowed in all zoning districts. c. Size/Height. Maximum sign area is six (6) square feet in single-family zoning districts and eight (8) square feet in all other zoning districts. Maximum sign height is three (3) feet in single-family zoning districts and five (5) feet in all other zoning districts. d. Number. i. In single-family districts or uses, two (2) signs per property. ii. In multifamily districts or uses, two (2) signs per property; if two (2) or three (3) unit condominium development, two (2) per unit. iii. In commercial or industrial districts, one sign per business. The Fountain Hills Zoning Ordinance is current through Ordinance 22-07, passed November 15, 2022. e. Location. i. On private property. ii. On property held in common by members of a property owner’s association or on property owned by the business owner’s landlord, but not within any designated parking or loading area. iii. Shall not be located within the public right-of-way in residential zoned areas, except when used as provided in subsection C of this section. iv. In the public right-of-way adjoining to commercial or industrial zoned property, except on Shea Boulevard B. Temporary Sign Allowance for Construction on Undeveloped Property. Undeveloped properties with valid building permits may display one (1) temporary sign per street front not to exceed eight (8) square feet in size and a maximum height of five (5) feet. The sign must be on the construction site. The sign must be removed no later than the date when the final inspection is completed. Required government signs for construction projects are exempt from this requirement. C. Other Signs for Residential Uses. 1. Each single-family lot, condominium unit, or model home may place one (1) A-frame, T-frame, or yard sign anywhere on the property. Further, each single-family home, condominium complex, or model home cluster may place one (1) additional A-frame, T-frame, or yard sign off-site at each turning movement beginning at the subject property out to a major street with a maximum of five (5) additional signs. 2. Signs shall not be located within the public right-of-way associated with Shea Boulevard at any time, but may be located within the public right-of-way of any other street between the hours of official sunrise and official sunset . When located in the right-of-way, shall be placed at least two (2) feet from the curb or edge of pavement. 3. Miscellaneous Requirements. a. No sign may be attached to any utility pole or box, light pole, street sign, bus shelter, or any structure within the public right-of-way. b. Signs shall not damage any vegetation or rest against other objects or vegetation.