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HomeMy WebLinkAbout120911WSPZ:\Council Packets\2012\WS9-11-12\120911WSA.doc Page 1 of 1 NOTICE OF THEWORK STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. WHEN: TUESDAY, SEPTEMBER 11, 2012 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call ; a quorum of the Town’s various Commissions or Boards may be in attendance at the Work-Study Session. ALL WORK-STUDY ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN. The primary purpose of work session meetings is to provide the Town Council with the opportunity for in -depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Offi cer may limit or end the time for such presentations. AGENDA  CALL TO ORDER AND ROLL CALL – Mayor Linda M. Kavanagh 1. DISCUSSION of the Avenue of the Fountains MEDIAN IMPROVEMENTS PROJECT. 2. DISCUSSION of proposed Town ZONING ORDINANCE AMENDMENTS regarding: (i) Chapter 1, Definitions; (ii) Chapter 6, Signs; (iii) Section 19.05, Public Art Requirements, revising options for developer donations to the Public Art Fund; (iv) Chapters: 12, 16, and 18, revising the permitted use sections to allow restaurants to have outdoor seating areas in commercial or lodging zoning districts and eliminating the requirement that outdoor seating areas be fenced if no alcohol is served or safety issues exist; and (v) Chapters: 2, 5 9, 10, 11, 15 and 18, revising regulations to streamline the temporary use permit process and eliminate unnecessary or duplicative permits. 3. ADJOURNMENT. DATED this 6th day of September 2012. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to attend this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk’s off ice. Mayor Linda M. Kavanagh Councilmember Dennis Brown Vice Mayor Henry Leger Councilmember Ginny Dickey Councilmember Tait D. Elkie Councilmember Cassie Hansen Councilmember Cecil A. Yates Z:\Council Packets\2012\WS9-11-12\120911WSA.doc Page 1 of 1 NOTICE OF THE WORK STUDY SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:30 P.M. WHEN: TUESDAY, SEPTEMBER 11, 2012 WHERE: FOUNTAIN HILLS COUNCIL CHAMBERS 16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ Councilmembers of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the Town’s various Commissions or Boards may be in attendance at the Work-Study Session. ALL WORK-STUDY ITEMS LISTED ARE FOR DISCUSSION ONLY. NO ACTION CAN OR WILL BE TAKEN. The primary purpose of work session meetings is to provide the Town Council with the opportunity for in-depth discussion and study of specific subjects. Public comment is not provided for on the Agenda and may be made only as approved by consensus of the Council. In appropriate circumstances, a brief presentation may be permitted by a member of the public or another interested party on an Agenda item if invited by the Mayor or the Town Manager to do so. The Presiding Officer may limit or end the time for such presentations. AGENDA  CALL TO ORDER AND ROLL CALL – Mayor Linda M. Kavanagh 1. DISCUSSION of the Avenue of the Fountains MEDIAN IMPROVEMENTS PROJECT. 2. DISCUSSION of proposed Town ZONING ORDINANCE AMENDMENTS regarding: (i) Chapter 1, Definitions; (ii) Chapter 6, Signs; (iii) Section 19.05, Public Art Requirements, revising options for developer donations to the Public Art Fund; (iv) Chapters: 12, 16, and 18, revising the permitted use sections to allow restaurants to have outdoor seating areas in commercial or lodging zoning districts and eliminating the requirement that outdoor seating areas be fenced if no alcohol is served or safety issues exist; and (v) Chapters: 2, 5 9, 10, 11, 15 and 18, revising regulations to streamline the temporary use permit process and eliminate unnecessary or duplicative permits. 3. ADJOURNMENT. DATED this 6th day of September 2012. Bevelyn J. Bender, Town Clerk The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5100 (voice) or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to attend this meeting or to obtain agenda information in large print format. Supporting documentation and staff reports furnished the council with this agenda are available for review in the Clerk’s office. Mayor Linda M. Kavanagh Councilmember Dennis Brown Vice Mayor Henry Leger Councilmember Ginny Dickey Councilmember Tait D. Elkie Councilmember Cassie Hansen Councilmember Cecil A. Yates Av e n u e o f t h e F o u n t a i n s To w n o f F o u n t a i n H i l l s September 5, 2012 Ma k e a l l R a m p s A D A A c c e p t a b l e LA MONTANA DRIVE VERDE RIVER DRIVE Ma k e a l l R a m p s AD A C o m p l i a n t AV E N U E O F T H E F O U N T A I N S Pr o p o s e d M o v i e T h e a t r e D e v e l o p m e n t • R e p l a c e a l l I r r i g a t i o n C o m p o n e n t s f r o m W a t e r M e t e r O u t . • C o r r e c t a l l E l e c t r i c a l D e f i c i e n c i e s t o I n c l u d e U p g r a d i n g S e r v i c e En t r a n c e S e c t i o n , R e p l a c i n g E v e n t R e c e p t a c l e s , a n d R e p l a c e m e n t of E l e c t r i c a l t o W a t e r F e a t u r e P u m p s a n d P a n e l s . • Replace all Irrigation Components from Water Meter Out.• Correct all Electrical Defi ciencies to Include Upgrading Service Entrance Section, Replacing Event Receptacles, and Replacement of Electrical to Water Feature Pumps and Panels. Ma k e a l l R a m p s A D A C o m p l i a n t Ma k e a l l R a m p s AD A C o m p l i a n t Re c o n s t r u c t F o u n t a i n ‘ A ’ Ad d N e w C r o s s w a l k s Re c o n s t r u c t P l a z a to b e A D A C o m p l i a n t Re c o n s t r u c t F o u n t a i n ‘ B ’ Re c o n s t r u c t P l a z a to b e A D A C o m p l i a n t Ne w C o n c r e t e Pa t h w a y New Concrete PathwayMake all Ramps ADA Compliant Project Limits Work Beyond this Point to be Completed with Saguaro Boulevard Improvements Remove Existing Plaza and Expand to the WestBenchDrinking Fountain Re c o n s t r u c t Fo u n t a i n ‘ C ’ Mutt MittReconstruct Fountain Nozzles ‘D’Reconstruct Fountain ‘E’-Existing Tree Protect In Place -Tree to be Removed -New Tree to Replace Removed Tree -Proposed Ramps -Proposed Crosswalks -Proposed Plaza Improvements -Proposed Water Feature Improvements -Proposed Concrete Pathway -Proposed Concrete Header -Bench -Trash Receptacle -Mutt MittLegend SAGUARO BOULEVARD NorthScale: 1”=30’-0”0’30’60’ Re m e d i a t i o n | Co n c e p t “ A ” Bi r d ’ s E y e P e r s p e c t i v e o f E x i s t i n g W e s t e r n M e d i a n B e t w e e n L a M o n t a n a Dr i v e a n d V e r d e R i v e r D r i v e Bi r d ’ s E y e P e r s p e c t i v e o f E x i s t i n g E a s t e r n M e d i a n B e t w e e n V e r d e R i v e r D r i v e an d S a g u a r o B o u l e v a r d Re m e d i a t i o n P r o p o s e d P l a n t P a l e t t e Remediation Proposed Materials Palette Ol e a e u r o p a ‘ S w a n H i l l ’ Ol i v e ‘ S w a n H i l l ’ Pi n u s h a l e p e n s i s Al e p p o P i n e La n t a n a s p e c i e s ‘ N e w G o l d ’ La n t a n a N e w G o l d Leucophyllum langmaniae ‘Lynn’s Legacy’Texas Sage ‘Lynn’s Legacy’ Pu n i c a g r a n a t u m Dw a r f P o m e g r a n a t e Te c o m a s t a n s ‘ O r a n g e J u b i l e e ’ Or a n g e J u b i l e e Ro s e m a r i n u s o f f i c i n a l i s ‘ P r o s t r a t u s ’ Cr e e p i n g R o s e m a r y Er e m o p h i l a m a c u l a t a Va l e n t i n e B u s h Co n v o l v u l u s c n e o r u m Bu s h M o r n i n g G l o r y SH R U B S AC C E N T S Fr a x i n u s v e l u t i n a Ar i z o n a A s h Da l b e r g i a s i s s o o Si s s o o T r e e TR E E S Mu h l e n b e r g i a r i g i d a ‘ N a s h v i l l e ’ Pu r p l e M u h l y Hesperaloe parvifl ora ‘Brakelights’Brakelights Red YuccaPistacia chinensis Chinese Pistache Ul m u s p a r v i f o l i a Ev e r g r e e n E l m SITE AMENITIESConcrete Pathway Plexus Bench (Matches Existing Street Furnishings)Landscape FormsStamped Asphalt Crosswalk Mutt Mitt Dog Waste Station Mutt Mitt New Plaza Areas Integral Colored Concrete Ribbed Trash Receptacle (Matches Existing Street Furnishings)KornegaySURFACE MATERIALS Decomposed Granite ‘ Express Brown ‘ - Remediation upgrades include; - New Irrigation System - New Electrical System - Reconstruction of Existing Water Features which includes New Mechanical and Piping. - Bring all Plaza and Ramps within ADA Compliance - Replace Existing Decomposed Granite Pathway with Concrete Sidewalk - Remove Trees per Arborist Recommendations - Replace Removed Trees (One for One) - New Shrub Plantings in Remediation Areas - New Site Furnishings (Benches, Trash Receptacles, Mutt Mitts) - Design and construction is estimated to be $1.2 million No r t h No r t h Av e n u e o f t h e F o u n t a i n s To w n o f F o u n t a i n H i l l s September 5, 2012 Re v i t a l i z a t i o n | Co n c e p t “ B ” NorthScale: 1”=30’-0”0’30’60’ Gr e e n S c r e e n E n t r y a t L a M o n t a n a 1 A r t N o d e S e a t i n g A r e a ( A b i l i t y t o A d d F e s t i v a l B o o t h s ) 2 P l a z a s p a c e w i t h C a f e T a b l e s a n d U m b r e l l a s 3 Ne w W a t e r F e a t u r e a n d P l a z a s p a c e w i t h C a f e T a b l e s an d U m b r e l l a s 4 G r e e n S c r e e n E n t r y a t V e r d e R i v e r 5 Event Space Along 10’ Concrete Walkway (Ability to Add Festival Booths)6New Water Feature and Plaza space with Cafe Tables and Umbrellas 7 Bi r d ’ s E y e P e r s p e c t i v e W e s t e r n M e d i a n 8 Bi r d ’ s E y e P e r s p e c t i v e E a s t e r n M e d i a n 9 Bi r d ’ s E y e P e r s p e c t i v e I n t e r s e c t i o n o f V e r d e R i v e r D r i v e a n d A v e n u e o f t h e F o u n t a i n s 10 - Revitalization Concept ‘B’ upgrades include; - New Irrigation & New Electrical System - 4 New Interactive Water Features 1 @ Center of Each Median 1 @ Either Side of Verde River Drive - 10’ Wide Concrete Pathway - New ADA compliant Crosswalk with Graphics - Vine Screen Entry Features - Art Viewing Seating Nodes - New Site Furnishings (Cafe Tables, Trash Receptacles, Mutt Mitts, Drinking Fountains.) - Conduit for Future Lighting. - Centralized Mechanical Enclosure for Water Features - New Plaza Spaces - Design and construction is estimated to be $1.95 million LA MONTANA DRIVE VERDE RIVER DR. SAGUARO BOULEVARD Ar t / S e a t i n g P l a z a Vi n e S c r e e n E n t r y Se a t i n g P l a z a Fe s t i v a l B o o t h L o c a t i o n s ( 1 0 ’ x 1 0 ’ ) , Wi t h E v e n t R e c e p t a c l e s , T y p . Sp e e d Ta b l e C r o s s i n g Speed Table Crossing Ar t N o d e Se a t i n g P l a z a Fe s t i v a l B o o t h L o c a t i o n s ( 1 0 ’ x 1 0 ’ ) , Wi t h E v e n t R e c e p t a c l e s , T y p . Ne w W a t e r F e a t u r e An d P l a z a S p a c e 10 ’ W i d e C o n c r e t e Pa t h , T y p . 10’ Wide Concrete Path, Typ. New Water Feature and Plaza Space Water Feature Mechanical Enclosure Vine Screen Entry Festival Booth Wa t e r F e a t u r e Me c h a n i c a l E n c l o s u r e Vi n e S c r e e n En t r y Vi n e S c r e e n En t r y Ar t V i e w i n g & Se a t i n g P l a z a Ar t V i e w i n g & Se a t i n g P l a z a Fe s t i v a l Bo o t h Fe s t i v a l Bo o t h Re v i t a l i z e d Wa t e r F e a t u r e & Pl a z a S p a c e Vi n e S c r e e n En t r y Pl a z a S p a c e Wi t h C a f e T a b l e s & S h a d e U m b r e l l a s Ne w W a t e r F e a t u r e & P l a z a S p a c e Wi t h C a f e T a b l e s & Sh a d e U m b r e l l a s Ne w W a t e r F e a t u r e & P l a z a S p a c e Wi t h C a f e T a b l e s & Sh a d e U m b r e l l a s Revitalized Water Feature and Plaza Space Re v i t a l i z e d W a t e r F e a t u r e an d P l a z a S p a c e 10’ Wide Concrete Pathway, Typ.Art Node Se a t i n g P l a z a Wa t e r F e a t u r e Me c h a n i c a l E n c l o s u r e Re v i t a l i z e d W a t e r Fe a t u r e a n d P l a z a S p a c e Vi n e S c r e e n E n t r y Cr o s s w a l k G r a p h i c s Vi n e S c r e e n E n t r y Re v i t a l i z e d W a t e r Fe a t u r e & P l a z a S p a c e New Plaza/Seating NodeArt Node Seating PlazaVine Screen Entry AV E N U E O F T H E F O U N T A I N S Pr o p o s e d M o v i e T h e a t r e D e v e l o p m e n t 1 8 9 10 4 5 2 3 6 7 Se a t i n g P l a z a Project Limits Work Beyond this Point to be Completed with Saguaro Boulevard Improvements A v e n u e o f t h e F o u n t a i n s A v e n u e o f t h e F o u n t a i n s A v e n u e o f t h e F o u n t a i n s Ve r d e R i v e r D r i v e Sa g u a r o B o u l e v a r d Verde Rive Drive No r t h No r t h North Av e n u e o f t h e F o u n t a i n s To w n o f F o u n t a i n H i l l s September 5, 2012 Re v i t a l i z a t i o n | Co n c e p t “ C ” LA MONTANA DRIVE VERDE RIVER DR. SAGUARO BOULEVARD Ar t / S e a t i n g P l a z a Vi n e S c r e e n E n t r y Se a t i n g P l a z a N e w P a r a l l e l P a r k i n g S p a c e s an d P l a n t e r B u m p O u t s , T y p . Fe s t i v a l B o o t h L o c a t i o n s ( 1 0 ’ x 1 0 ’ ) , Wi t h E v e n t R e c e p t a c l e s , T y p . Sp e e d Ta b l e C r o s s i n g Speed Table Crossing Ar t N o d e Se a t i n g P l a z a Fe s t i v a l B o o t h L o c a t i o n s ( 1 0 ’ x 1 0 ’ ) , Wi t h E v e n t R e c e p t a c l e s , T y p . Ne w W a t e r F e a t u r e An d P l a z a S p a c e W i t h Sh a d e C a n o p y 10 ’ W i d e C o n c r e t e Pa t h , T y p . 10’ Wide Concrete Path, Typ. New Water Feature and Plaza Space With Shade CanopiesNew Parallel Parking Spaces and Planter Bump Outs, Typ. Water Feature Mechanical EnclosureArt Node Se a t i n g P l a z a Wa t e r F e a t u r e Me c h a n i c a l E n c l o s u r e Re v i t a l i z e d W a t e r Fe a t u r e a n d P l a z a S p a c e Vi n e S c r e e n E n t r y Ve r d e R i v e r In t e r s e c t i o n a n d Cr o s s w a l k G r a p h i c s Vi n e S c r e e n E n t r y Re v i t a l i z e d W a t e r Fe a t u r e & P l a z a S p a c e New Plaza/Seating NodeArt Node Seating PlazaVine Screen Entry AV E N U E O F T H E F O U N T A I N S Pr o p o s e d M o v i e T h e a t r e D e v e l o p m e n t NorthScale: 1”=30’-0”0’30’60’ 1 4 5 2 3 6 7 Se a t i n g P l a z a Project Limits Work Beyond this Point to be Completed with Saguaro Boulevard Improvements Bi r d ’ s E y e P e r s p e c t i v e W e s t e r n M e d i a n 8 Bi r d ’ s E y e P e r s p e c t i v e E a s t e r n M e d i a n 9 - Revitalization Concept ‘C’ upgrades include; - New Irrigation & New Electrical System - 4 New Interactive Water Features 1 @ Center of Each Median 1 @ Either Side of Verde River Drive - 10’ Wide Concrete Pathway - New On Street Parking (52 Spaces) with Additional Planting Islands - New ADA compliant Crosswalk with Intersection Graphics - Vine Screen Entry Features - Art Viewing Seating Nodes - New Site Furnishings (Cafe Tables, Trash Receptacles, Mutt Mitts, Drinking Fountains.) - Centralized Mechanical Enclosure for Water Features - New Shade Canopies - New Plaza Spaces - New Area Lighting - Design and Construction is Estimated to be Between $2.45 Million to $2.66 Million (Dependent Upon Various Lighting Options) Bi r d ’ s E y e P e r s p e c t i v e I n t e r s e c t i o n o f V e r d e R i v e r D r i v e a n d A v e n u e o f t h e F o u n t a i n s 10 8 9 10 A v e n u e o f t h e F o u n t a i n s Verde Rive Drive Vine Screen Entry New Parallel Parking Spaces & Planter Bump Outs, Typ. Wa t e r F e a t u r e Me c h a n i c a l E n c l o s u r e Vi n e S c r e e n En t r y Revitalized Water Feature and Plaza Space Verde River Intersection &Crosswalk Graphics Re v i t a l i z e d W a t e r F e a t u r e an d P l a z a S p a c e 10’ Wide Concrete Pathway, Typ. A v e n u e o f t h e F o u n t a i n s A v e n u e o f t h e F o u n t a i n s Ve r d e R i v e r D r i v e Sa g u a r o B o u l e v a r d Vi n e S c r e e n En t r y Ar t V i e w i n g & Se a t i n g P l a z a Ar t V i e w i n g & Se a t i n g P l a z a Re v i t a l i z e d Wa t e r F e a t u r e & Pl a z a S p a c e Vi n e S c r e e n En t r y Pl a z a S p a c e Wi t h C a f e T a b l e s & S h a d e U m b r e l l a s Ne w W a t e r F e a t u r e & P l a z a S p a c e Wi t h C a f e T a b l e s & Sh a d e C a n o p i e s Ne w W a t e r F e a t u r e & P l a z a S p a c e Wi t h C a f e T a b l e s & Sh a d e C a n o p i e s No r t h No r t h North Gr e e n S c r e e n E n t r y a t L a M o n t a n a 1 A r t N o d e S e a t i n g A r e a ( A b i l i t y t o A d d F e s t i v a l B o o t h s ) 2 P l a z a s p a c e w i t h C a f e T a b l e s a n d U m b r e l l a s 3 Ne w W a t e r F e a t u r e a n d P l a z a s p a c e w i t h C a f e T a b l e s , Um b r e l l a s , a n d S h a d e C a n o p i e s 4 G r e e n S c r e e n E n t r y a t V e r d e R i v e r 5 Event Space Along 10’ Concrete Walkway (Ability to Add Festival Booths)6New Water Feature and Plaza space with Cafe Tables, Umbrellas, and Shade Canopies 7 Festival Booth Fe s t i v a l Bo o t h Fe s t i v a l Bo o t h Avenue of the Fountains Medians Site Inventory and Analysis-FINAL Prepared by: J2 Design | Prepared for: Town of Fountain Hills | June 28, 2012 Table of Contents Section Page Number 1. Introduction 1 Project Description 1Project Location 1 2. Hardscape 2-3 Existing Hardscape Conditions 2 Proposed Hardscape Improvements 2Hardscape Conclusion 2Hardscape Site Photos 3 3. Trees/ Landscaping 4-13 Existing Trees/Landscaping Conditions 4 Existing Trees Site Photos 5-10 Existing Tree Assessment Data 11-12 Removal Recommendation Map 13 4. Water Features 14-16 Existing Water Features Conditions 14Proposed Water Features Improvements 14Water Features Conclusion 14Existing Water Features Site Photos 15 Water Feature Site Location Map 16 5. Irrigation 17-18 Existing Irrigation Conditions 17Proposed Irrigation Improvements 17Irrigation Conclusion 18Existing Irrigation Site Photos 18 6. Electrical 19-22 Existing Electrical Conditions 19 Proposed Electrical Improvements 19 Electrical Conclusion 20Existing Electrical Site Photos 20Existing Electrical Site Plan 21-22 7. Public Input 23-54 Priorities Ranking Questionnaire Sent to Public 24-25Avenue of the Fountains Questionnaire Summary 26 Comments Received from Fountain Hills Residents 27-54 Page i Ju n e 2 8 , 2 0 1 2 Project Description: The Town of Fountain Hills is known for and identified by their majestic water fountain located in the center of the Town's Fountain Lake. The community’s foun ding birthday is con sidered Dec. 15, 1970, when the famous “World’s Tallest Fountain” was turned on for the first time at Fountain Park. Work started on the first residences in the fall of 1971, and by February 1972, the first homeowners were moving in. The Town has grown considerably since the founding and now has over 22,000 residents. The Lake and the world famous fountain are a primary focal point for both visitors and local residents. Many of the Town's premier events and festivals are centered around the Lake and fountain with vendor booths aligned with the lake edge and along Saguaro Boulevard and continuing west along the Avenue of the Fountains to La Montana Drive, where the Town Hall complex is located. There are also numerous and popular local business shops adjacent to Avenue of the Fountains within this area that draw many visitors and patrons to this key commercial area and renowned Town feature. The existing medians within the Avenue of the Fountains that were constructed over 40 years ago between Saguaro Blvd. and La Montana Dr. and are extremely wide and help to create an inviting environment in the heart of downtown. This median is composed of several patches of open turf areas, many large mature trees, walking paths, six small water features with incorporated public art installed within or around the water features. These amenities create a gathering place within the center of the roadway used by many for walking, exercising their dogs, and for vendor booths during the annual Town events such as the Great Fair, Homecoming Parade, Halloween in the Hills, Art on the Avenue, Farmer's Market, and many more events throughout the year. The Avenue of the Fountains infrastructure is approximately 40 years old and is reaching the end of it's expected and anticipated life cycle, this has resulted in increased maintenance, repairs, and an overall increase in operations costs. The Town wants to investigate infrastructure needs of the existing median systems and provide a master plan of improvements to the Avenue of the Fountains that will carry it through the next 40 years. Known issues with the current system that need to be addressed are the following: • Leaking water features/fountains, • Antiquated and out of code electrical system, • Leaking and inefficient irrigation system, • Pedestrian accessibility • Landscape health of the turf, plants, and trees This report will detail the investigation findings of the current system and propose recommended improvements for consideration to be included in the new master plan. Project Location: The Avenue of the Fountains is located just west of the Town's Fountain Lake Park. The extents of this report deal with the Avenue from Saguaro Boulevard to La Montana Dr. The total length of the inspected corridor is approximately .36 miles 1. Introduction North S a g u a r o B l v d . L a M o n t a n a D r . Avenue of the Fountains Avenue of the Fountains Approx. 922' (.17 Miles) Approx. 922' (.17 Miles) Fountain Hills Administration Building Project Limits Project Limits Fountain Shall Be Repaired During Saguaro Blvd. Improvements Ve r d e R i v e r D r . Ma t c h l i n e S e e L o w e r L e f t Ma t c h l i n e S e e U p p e r R i g h t Ve r d e R i v e r D r . Page 1 Ju n e 2 8 , 2 0 1 2 Existing Hardscape Conditions: • Currently the median pedestrian pathways do not meet Americans with Disabilities Act (ADA) federal and state guidelines. • At numerous locations throughout the Avenue the longitudinal slopes and cross slopes of accessible ramps are in excess of allowable maximum conditions. The maximum longitudinal slope is 8.3% and maximum cross slope is 2%; we noted some location that were above 13% or more. (See Photo HS-1 & HS-2) • Currently there is limited safe continuous pedestrian access from the south side to the north side of Avenue of the Fountains. Crosswalks are currently only identified at La Montana Drive, the mid block between La Montana Drive and Verde River Drive, the east side of Verde River Drive, and Saguaro Boulevard. • The curbing that surrounds the perimeter of the Avenue of the fountains is in decent shape and of a consistent slope, however several sections have either heaved or settled within the corridor. (See photo HS-3) • Near the center of the eastern leg of the Avenue of the Fountains there is a hardscape node area where wood was used as an expansion material, the majority of these expansion pieces have deteriorated and cause an unsafe tripping hazard.(See Photo HS-4) • Concrete cracking within the interior concrete plaza areas is prevalent at numerous locations throughout the corridor. One notable example is at the fountain along Saguaro Boulevard which has cracking as well as dis- colored and spalling concrete. (See Photo HS-5) • Currently there are numerous locations where plastic landscape edging is used to separate turf from decomposed granite planting areas. This material is not rated for high traffic areas and has been damaged beyond repair. (See Photo HS-6) • The Decomposed Granite pathway that runs through the eastern portion of the Avenue is not an acceptable material to meet current federal and state ADA guidelines nor does the asphalt patch leading to the pathway. ( See Photo HS-7) • The brick header that contains the decomposed granite pathway is in serious deterioration. In several locations the header has heaved from nearby tree roots, replacement sections have been installed but do not match existing color, and texture and creates an uneven nature and loose areas. (See Photos HS-8 & HS-9) • An existing memorial to Keith McMahan (Former Council Member) which currently sits near the concrete plaza will need to be reincorporated into the new design of the median (See photo HS-10) Proposed Hardscape Improvements: • Remove, redesign and replace all non-conforming Accessible Ramps and walkways. • Replace the existing Decomposed Granite pathway and brick paving border with a hardscape that is both aesthetically pleasing while meeting new ADA guidelines • Remove all plastic landscape edging and replace with a more substantial material that can withstand maintenance impacts (mowers, weed whips, irrigation spray) as well as the occasional but heavy festival traffic and provide the necessary separation between turf and existing hardscape or landscape areas • The new design should include site amenities that are currently under served within the medians including; new benches, trash cans, "dog mitt" pet waste stations, drinking fountains. Hardscape Conclusion: The majority of the hardscape features and elements within the corridor are in serious need of replacement. These features represent several non-compliance issues relative to ADA, potential as a pedestrian tripping and falling hazard, and the overall poor appearance that these deteriorating features project to the citizens and visitors to the Town. Replacement of these elements with maintenance friendly and durable materials will ensure that the median can be aesthetically pleasing, safe, functional, and provide access for people of all ages and abilities for years to come. 2. Hardscape Page 2 Ju n e 2 8 , 2 0 1 2 2. Hardscape Site Photos Photo HS-1 Photo HS-4 Photo HS-7 Photo HS-10 Photo HS-2 Photo HS-5 Photo HS-8 Photo HS-3 Photo HS-6 Photo HS-9 Page 3 Ju n e 2 8 , 2 0 1 2 Existing Trees/ Landscaping Conditions: • Many existing trees within the median are reaching the end of their life cycle and are causing issues with water features, walkways, brick headers, electrical systems, and irrigation systems due to invasive roots. • Several of the existing trees because of their age and health condition may pose a threat to the public and private property from falling branches or tree failure in a storm event. • A review of historical and current aerial photographs show that a significant number of trees within the median have been lost due to storm damage. • Some of the current plants within the median are not in accordance with the Town's development ordinance for low-water use plants. • A registered consulting arborist, Tim Johnson of Artistic Arborists was included on the project team to investigate and analyze the existing trees. Tim has provided his recommendations on treatment and survivability of the trees located within the median. His report and results of his findings are included below. Scope: Inventory and assess the health of all trees within median strip from La Montana Drive to Saguaro Boulevard. Reason: A proposed landscape rehabilitation of this area to be more user friendly for residents and community events while maintaining an emphasis on shade and potentially increasing site lines within the median and potentially to the Town's famous fountain. Purpose: The median at one time was completely shaded by a tree canopy that covered the entire median from east to west and north to south. Over the past 40 plus years many of these trees have been lost or damaged by storms or health issues and many were never replaced. The remaining tree population at this time is forty-five (45) trees. The existing trees that remain are very spread out, many do not match the original planting design for species selection and on average are in a poor or declining health condition. Maintenance of the trees has been reactive based only and focused on removal of any dead or storm damaged materials. Views of fountain is blocked due to size and location of trees. Retaining of many of these trees while desirable may not be feasible or cost effective. Therefore, a visual assessment of each tree in the median related to current: condition, risk, effect on site line, survivability through construction phase, ability to salvage and transplant, and required management pre and post construction was undertaken. Purpose: Forty-five (45) trees were visually assessed on March 29 and April 17, 2012, on an individual tree by tree basis by a certified arborist. There are five trees (numbers 4, 6, 16, 17, and 20) that are recommended to be removed due to their unacceptable risk potential. Eleven trees (numbers 5, 18, 29 thru 36, and 40) should be removed prior to construction due to health and structure issues that cannot be turned around feasibly or economically. Nineteen trees impede the view of the fountain from any location within the median, with the only strategy for improvement of this view being removal of these trees or acceptance that views will be blocked. All trees will require pre-rehabilitation maintenance especially irrigation to maximize hydration prior to construction as well as pruning and fertilizing to adjust and strengthen each tree to withstand the construction procedures and increase their individual longevity. Overall, the trees within the median appear to be in fair condition considering their history with credit for their current condition given to the Town's maintenance personnel and their practices. None of the existing trees could be considered specimen trees at this time or even in the future after targeted irrigation, pruning, and fertilizing. The shade factor of any tree in the desert southwest makes them assets to the current landscape. Unfortunately some of the existing trees may be liabilities to the Town due to their failure potential. The development of any master plan concepts should include new trees to replace any existing trees that might necessitate removal. Currently new trees are not being planted to replace the existing trees that have been lost over the years. Planting of new trees will ensure the landscape has a plan of succession to ensure a mature tree canopy coverage in the future. 3. Trees/Landscaping Page 4 Ju n e 2 8 , 2 0 1 2 3. Existing Trees Site Photos Trees 1,2,3 Tree 4 Tree 6 Tree 4 Tree 5 Tree 6 Tree 4 Tree 6 Tree 7 Page 5 Ju n e 2 8 , 2 0 1 2 Tree 7 Tree 8 Tree 10 Tree 8 Tree 9 Tree 11 Tree 8 Tree 9 Tree 12 3. Existing Trees Site Photos Page 6 Ju n e 2 8 , 2 0 1 2 Tree 12 Tree 17 Tree 19 Trees 13, 14, 15 Tree 17 Tree 20 Tree 16 Tree 18 Tree 20 3. Existing Trees Site Photos Page 7 Ju n e 2 8 , 2 0 1 2 Tree 21 Tree 25 Tree 28 Trees 22, 23, 24 Tree 26 Trees 29 - 35 Trees 22, 23 Tree 27 Trees 29 - 35 3. Existing Trees Site Photos Page 8 Ju n e 2 8 , 2 0 1 2 Trees 29 - 35 Tree 37 Tree 40 Trees 29 - 35 Tree 38 Trees 41 Tree 36 Tree 39 Trees 42 3. Existing Trees Site Photos Page 9 Ju n e 2 8 , 2 0 1 2 Trees 43 Tree 45 Trees 44 Tree 45 Tree 45 3. Existing Trees Site Photos Page 10 Ju n e 2 8 , 2 0 1 2 3. Trees Assessment Data Page 11 Ju n e 2 8 , 2 0 1 2 3. Trees Assessment Data Page 12 Ju n e 2 8 , 2 0 1 2 Page 13 Ju n e 1 8 , 2 0 1 2 Existing Water Features Conditions: • Several of the water features have significant leaks thus consuming large amounts of water. Each feature within the project was tested to ascertain what amount of water was being lost. The results of this evaluation take into account evaporation rates and indicated the following losses: - Fountain #1 (Avenue of the Fountains & Saguaro Boulevard) : 66,100 gallons per year water loss - Fountain #2 (Eagle Waterfall) : 100,500 gallons per year water loss - Fountain #3 (PVC Pipe) : 42,000 gallons per year water loss - Fountain #4 (Waterfall) : 35,500 gallons per year water loss - Fountain #5 (Boy & Girl) : NA- fountain has automatic float system for refilling - Fountain #6 (Circle Feature) : 15,100 gallons per year water loss • Existing public art pieces such as the rotary plaques, bronze eagle and bronze children shall be salvaged and reincorporated into any median renovation. (See Photos WF-1 & WF-2) • Three pump stations are currently located underground within vaults thus making maintenance very difficult as the spaces are small and sometimes will flood during storm events as some vaults do not have submersible pumps. (See Photos WF-3 & WF-4) • There is no cohesive design to the construction/ layout of the 6 pump stations which operate the water features. Each pump station has a different motor, filtering system, and piping layout making maintenance a difficult and costly on-going task. • All of the below grade pump stations are not secured with locks, and the above grade pump station are completely open to the public making vandalism or theft a concern. (See Photo WF-5) • Several of the water features do not have automatic fill mechanisms, requiring maintenance staff to manually refill water features. (See Photo WF-6) • None of the water features have a wind sensor (anemometer) to alert the pump to shut off during high wind conditions. During the site visits several fountains continued to run during high winds covering large areas of the surrounding hardscape with water, creating unsafe conditions and wasting additional water. (See Photo WF-7 & WF-8) • The concrete coping on several water features have numerous large non-repairable cracks which effect the overall aesthetic of the feature. (See Photo WF-9) • 4 of the 6 water features do not have expansion joints installed between the wall of the fountain and the surrounding concrete, which has caused cracking to both surfaces. (See Photo WF-10 & WF-11) • The plaza spaces around each of these fountains does not currently meet federal and state ADA guidelines and is recommended to be replaced. (See Photos WF-12) • Public seating (benches) around the fountains to enjoy them is minimal and should be increased or incorporated into any improvements Proposed Water Features Improvements: • Consider consolidating all water features pump systems to one central pump enclosure which would house all the motors and filtering equipment required to run the all of the water features, thus making maintenance more practical and easier to troubleshoot problems. • Standardize equipment between all water features. • Remove and replace water features so appropriate liners can be installed and current leakage can be eliminated. • Remove and replace surrounding pedestrian plaza areas around each fountain bringing them into compliance with current ADA standards. • Salvage protect and replace any public art features associated with these water features (Boy & Girl drinking from hose, Eagle's Nest, Rotary Club Plaques). Water Features Conclusion: After evaluation of the current 6 water features within the corridor and the associated annual water leakage, disjointed and costly water feature pump stations, and water feature piping these features need to be addressed and their inadequacies corrected. Corrective measures may include complete removal of specific water features, renovation and reconstruction of existing water features, or the addition of new water features. The results will be a savings in water costs through elimination of the current leakage, better filtration equipment, reduced maintenance cost by consolidating pumps, piping, and fixtures that are uniform, creation of accessible water features with public art. 4. Water Features Page 14 Ju n e 2 8 , 2 0 1 2 4. Existing Water Features Site Photos Photo WF-1 Photo WF-4 Photo WF-7 Photo WF-2 Photo WF-5 Photo WF-8 Photo WF-3 Photo WF-6 Photo WF-9 Photo WF-10 Photo WF-11 Photo WF-12 Page 15 Ju n e 2 8 , 2 0 1 2 North S a g u a r o B l v d . L a M o n t a n a D r . Ve r d e R i v e r D r . Ve r d e R i v e r D r . Avenue of the Fountains Avenue of the Fountains Fountain Hills Administration Building Water Feature #6 (Circle Feature) Water Feature #1 (Tiered Fountain) Water Feature #2 (Eagle Sculpture) Water Feature #3 (PVC Pipe Fountain) Water Feature #4 (Waterfall) Water Feature #5 (Boy & Girl Statue) 4. Water Features Location Map Page 16 Ju n e 1 8 , 2 0 1 2 Existing Irrigation Conditions: • The current irrigation system repeatedly experiences line breaks and is under constant repair causing distress to the landscape. • Currently there are four separate controllers used to operate all existing turf zones. (See Photo IR-1) • Drip control valves are not linked to turf controllers and are currently operated by stand alone battery controllers located in valve boxes. (See Photo IR-2) • Backflow at southern median is not installed properly as it should be 12" min. above ground in order for it to be maintained and does not have an enclosure. (See Photo IR-3) • Existing backflow enclosure to northern median does not have concrete pad to be able to lock enclosure down. This is a concern due to many backflow thefts are being reported throughout the region due to the increasing value of copper. • No master valves or flow sensors exist on the current systems which are utilized to monitor and shut down a system in case of line breaks or major leaks. Note mainline breaks due to age of system have been a reoccurring issue for maintenance. • Few existing quick couplers were found along median edges but are not located within valve boxes and some are broken. (See Photo IR-4) • Existing irrigation system is not set up per proper conventional methods. Currently a single control valve operates only one or two turf rotors while several control valves are wired together at the controller to force multiple rotors to operate simultaneously like a 'normal' station would. • Several turf zones have limited pressure due to too many heads installed on a single irrigation zone resulting in poor water distribution (See Photo IR-5). • Several turf zones have a mix of both rotors with pop up turf spray nozzles which is not proper design method due to the large variance of precipitation rates between rotors and sprays. One zone was even noticed to contain rotors, sprays, bubbler, and emitters all on same zone which is never recommended. • All turf rotor and spray zones have mixtures of different manufacturers and nozzle types which alters the precipitation rate of each head thus aiding in the inefficiency of the system and is costly to maintain. • Spacings between rotors or spray heads are inconsistent and many times too extreme where proper head-to-head water coverage is unattainable. (See Photo IR-6) • Drip control valves currently do not have filters or pressure regulators which are common practice to use with drip valves. The lack of these devices results in higher maintenance costs and inefficient watering (See Photo IR-7). • Many valves within valve boxes are encased with soil. This results in higher maintenance cost when repairs are required. (See Photo IR-8) • Several control wire connectors are standard wire nuts. These connectors should always be waterproof style connectors. (See Photo IR-9) Proposed Irrigation Improvements: • Remove/abandon all existing irrigation systems. Replace entire irrigation system with new system that is designed to be efficient, consistent, and reduce overall maintenance. • Install new reduced pressure backflow prevention units with secure locking enclosures. • Controllers should be replaced with new "Smart Controllers" utilizing water saving technologies such as flow sensing and ET weather sensor based programming. Flow sensing can detect if any major leaks occur and signal the controller to shut down the system in such an event while ET weather based controllers utilize weather data to provide automated controller programming ideal to the current weather & site conditions resulting in water savings and a very efficient irrigation system. • Number of controllers can be reduced to only two or possibly even one controller and include remote capability which is an invaluable tool to maintenance personnel. • One master valve and flow sensor should be installed per each water point-of-connection to monitor and shut down the system if excessive water use from a line break is detected. • All PVC piping should be replaced using schedule 40 or class 200 PVC pipes properly sized per the expected flows through the pipes to minimize pressure loss due to friction while maintaining recommended velocity levels. • New quick couplers should be strategically placed within valve boxes at areas where necessary for maintenance personnel to access and utilize for cleaning high traffic hardscape areas. • New remote control valves should be installed to operate separate zones of rotors/sprays/ or emitters. • All turf rotor/spray heads should be replaced with like manufacturer heads using matched or similar precipitation rate nozzles properly spaced to provide head-to-head water coverage within newly designed turf areas. • All drip emitters should be replaced with like manufacturer emitters utilizing multi-port emitters 5. Irrigation Page 17 Ju n e 2 8 , 2 0 1 2 for all trees and single-port emitters for all shrubs. • Drip control zones should be installed using filter and pressure regulators. • New pipe sleeves should be installed under permanent hardscape elements to facilitate any potential future maintenance issues so hardscape elements do not require removal or disruption. • All valve boxes should be installed new with locking covers and rock aggregate sumps over filter fabric to minimize long term maintenance. Irrigation Conclusion: J2's irrigation design staff has evaluated the existing irrigation system along Avenue of the Fountains and concurs the best strategy is for the Town to consider a complete renovation of the existing system. Due to issues noted previously under 'Existing Irrigation Conditions', it is our opinion that all irrigation components should be replaced with exception of the water meters in order to have a dependable and efficient irrigation system that will aid in minimizing the amount of water usage and required maintenance. Many times one or more of the main irrigation components may be salvaged and reused in effort to reduce construction costs, however none of the existing irrigation components appear to in any condition to warrant consideration of salvaging and reuse. The controllers are still operational and should be returned to the Town for potential reuse on another project where more suited to fit as they do not have enough available stations or necessary features for this project. The backflow units that are removed and replaced should be returned to the Town as they may be rebuilt and reused with other Town projects that have the flow rates and sizes that are in keeping with the proposed improvements for their use. 5. Irrigation Cont. Photo IR-1 Photo IR-4 Photo IR-2 Photo IR-5 Photo IR-3 Photo IR-6 Photo IR-7 Photo IR-8 Photo IR-9 Page 18 Ju n e 2 8 , 2 0 1 2 Existing Electrical Conditions: • SRP provides electrical service to two Service Entrance Sections (SES) along Avenue of the Fountains: one SES for west median located just west of N. Verde River Dr. intersection (See Photo EL-1) and second SES for east median located in shopping center parking lot. (See Photo EL-2) • Western SES is rated 400 amp, 120/208 volt, three- phase system with electric meter #2318260. • Next to the west SES are three heavy duty 200 amp, 250 volt disconnects each feeding a sub-panel: A, B, & C. Panel A feeds power to receptacles on west half of the western median (See Photo EL-3); Panel B feeds power to the pump for Fountain #6 and receptacles on east half of the western median (See Photo EL-1); & Panel C feeds power to Fountain #5 and receptacles west of the panel. (See Photo EL-4) • Eastern median SES is rated 200 amp, 120/240 volt, single-phase system with electric meter #1225849. (See Photo EL-2) • Eastern SES supplies power to Panel F (See Photo EL- 7) located in the median which then provides power to two sub-panels D & E as well as power to pumps for Fountains #2 & 3 and a receptacle on the panel; Panel D is a 18-space panel (See Photo EL-5) feeding power to the waterfall timer at Fountain #4 and a receptacle on the panel. Panel D also supplies power to a small 6-space sub-panel which feeds a few receptacles in the area and is limited to 20 amps; Panel E is a 12-space panel (See Photo EL-6) supplying power to another small 6-space sub-panel which feeds the pump for Fountain #1 and a few receptacles on the panel and is limited to 30 amps. It is unknown what each of the twelve (12) 20 amp breakers from Panel E are powering as they are all unlabeled. • Throughout both medians there are currently fifty-four (54) 20 amp receptacles mounted on conduit, posts, or on the sides of panels. Many receptacles show signs of water damage with broken or missing plastic covers and no way to lock the receptacle to prevent unwanted use by general public. (See Photos EL-8 & EL-9) • Receptacles are protected against electrical ground- faults through a combination of Ground Fault Circuit Interrupter (GFCI) protected receptacles or GFCI breakers. This mixture of protective devices adds a level of complexity during maintenance and troubleshooting of problems making it difficult to test and ensure reliability of the GFCI device. • Throughout both medians there are currently eight (8) electrical panels with overlapping service areas making it difficult to easily identify what panels are powering different devices in the area and makes it very difficult to maintain and trouble shoot. • Panels D, E, & F are either installed too low to the ground, or installed at the curb in the median facing outward to the street thus making maintenance difficult and sometimes dangerous. • Both the western & eastern smaller sub-panels are undersized and installed too close to the ground that they are very difficult to maintain. • Many panels are missing labels thus making it very difficult to identify where they are being powered from and what they are powering. • Throughout the site, the receptacles are unexpectedly turning off as a result of moisture in the receptacle boxes and aging GFCI’s. Proposed Electrical Improvements: • Reduce the two Electrical Service Entrance Sections to one central location. This will help to reduce the complexity of the electrical system which will reduce maintenance costs and utility company long term costs. • Replace existing undersized sub-panels with new adequately sized sub-panels as needed in strategically placed areas. All panels will be sized to accommodate future growth so that smaller panels will not have to be added later. • New electrical equipment and sub-panels to be moved to locations where maintenance can more safely be performed. • Screen all electrical equipment so that it is not as obvious or intrusive to the landscape. • All receptacles should be replaced with new event style receptacles with metal lockable covers. • Provide ground fault circuit interrupting breakers in panels for each receptacle to help minimize maintenance and troubleshooting. • New electrical disconnects should be installed at each fountain or water feature to provide added safety for maintenance of the equipment. • New electrical pipe sleeves should be installed under permanent hardscape elements to facilitate any potential future maintenance issues so hardscape elements do not require removal or disruption. • New area lights should be added to central plazas or gathering locations to provide a sense of comfort and security • New accent lighting should be added to fountains near central plazas or gathering locations to enhance the night time aesthetic of the fountains. • New walkway pedestrian style lights may be considered to be added to the project to provide a safe and comfortably way finding route through the site. 6. Electrical Page 19 Ju n e 2 8 , 2 0 1 2 6. Electrical Cont. Photo EL-1 Photo EL-4 Photo EL-2 Photo EL-5 Photo EL-3 Photo EL-6 Photo EL-7 Photo EL-8 Photo EL-9 Electrical Conclusions: Wright Engineering Corp. has evaluated the existing electrical system along Avenue of the Fountains and concludes that the best strategy is for the Town to consider a complete renovation of the existing electrical system. Due to issues noted previously under 'Existing Electrical Conditions', it is our opinion that all electrical components should be replaced in order to have a dependable and efficient electrical system. A new electrical system will aid in minimizing the required maintenance and troubleshooting efforts as well as increase the safety of the maintenance personnel while working on the system. Many of the existing electrical panels are in locations where traffic needs to be interrupted to provide the necessary maintenance. One or more of the existing electrical sub-panels or disconnects may be salvaged and reused in an effort to reduce construction costs, however many of these items do not appear to be in good enough condition to warrant consideration of salvaging and reuse. None of the receptacles throughout the site are in good enough condition to salvage and reuse, therefore all should be replaced with new weather-resistant receptacles with metal lockable covers. Page 20 Ju n e 2 8 , 2 0 1 2 Page 21 Ju n e 1 8 , 2 0 1 2 Page 22 Ju n e 1 8 , 2 0 1 2 Appendix Public Input Questionnaire Page 23 Ju n e 2 8 , 2 0 1 2 7. Public Input Priorities Ranking Public Questionnaire (Page 1) Page 24 Ju n e 2 8 , 2 0 1 2 7. Public Input Cont.Priorities Ranking Public Questionnaire (Page 2) Page 25 Ju n e 2 8 , 2 0 1 2 7. Public Input Cont. Page 26 Ju n e 2 8 , 2 0 1 2 Page 1 of 28 AVENUE OF THE FOUNTAINS MEDIAN PROJECT QUESTIONNAIRE COMMENTS June 4, 2012 FORM # COMMENTS 124 I suggest using low water use trees as a shade option vs. building shade structures. Locate permanent infrastructure for events (art fairs) to allow more median access during the events. A more modern and efficient public address/sound system should be included of the event and stage areas. 125 More benches 126 This project should be undertaken in stages. The first stage should be foundation for all work to follow as in building a house. The completion could be planned and executed as funding becomes available. Obviously grading, plumbing and electrical would constitutes the first stage. Through the whole process in allowing for maintenance. 130 I have proposed this before and still believe this is the most beneficial upgrade to achieve: add partial shade structures with water misters over the existing sidewalks on the north and south sides of the Avenue of the Fountains. On the south side, the structure could be an extension of the existing structure. This would encourage more foot traffic; any also encourage the establishment of new businesses. I believe a central, unifying theme should be established. “Upgrade the Avenue of the Fountains” is not a theme. I have proposed the following before as well: Turn Fountain Hills into Arizona’s only Blue zone! The first question I usually hear is, “what is a blue zone”? http://www.bluezones.com/ . blue zones help people live healthier, longer and better. The partially shaded, misted sidewalks could be the first step (pun intended) in a Blue Zone themed focus for Fountain Hills. The medical facility on Palisades could easily be tied into the Blue Zone theme. The lake and the lake trail fit right in. 137 The area should be configured to leave and add to the trees in the median. We need grass and trees not concrete and bandstands. The water features should stay. The open areas should be filled in. Our town center should look like Prescott town center. Town of FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT Page 27 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 2 of 28 139 I think the grassy area must stay. More shade is good. More little shops added in spare lots would be good. Trees must stay, or more added. Water features need to stay. This is what people want. 140 Research the history of Leavenworth, WA. It is truly a success story. Fountain Hills has the potential to be that and more. 141 F.H. town roads should come before this project. For 20 years the roads are the last item fixed. 142 Improvements are good as long as you don’t have to dig them up again when there is new development. 143 I have lived in Fountain Hills for over 25 years and don’t want any BIG changes to the “Avenue”. Fix what is broken but don’t change the feel of it. I love those big trees – I’ve watch them grown with the Town, don’t get rid of them. The median is nice to look at from the store side and should stay the way it is. We are a unique Town with few street lights we need to keep our unique charm. If people don’t like it let them move somewhere else. I moved here because of no street lights and open space. We need to repair items but not change our Town’s look. 144 Streets should be the priority. 145 Stop with the public sculptures. The town has enough. Please keep in mind that this town is a desert when adding plant material! 146 Consider the views and events. Night lighting, electric for vendors and replace fountains. This is the center of town where everyone meets. 147 Let’s clean up the avenue and aim at regaining our role as a first class city. 148 Before the town spends too much money the council should coordinate with any proposal for the building of a Town Center or Cinema along the Avenue of the Fountains so we won’t have to redo the work. 149 Crossing the street safely is a problem from current parking! Cars do not respect the stop signs and U-turn with little regard to pedestrians (Verde River Drive). Water usage has to be a priority in this project along with safety of people! 150 I don’t know how the town could support 12 movie theatres; 6 would be sufficient. What we need are more outdoor restaurants and shops that don’t close up at 6:00 p.m. and some entertainment. Page 28 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 3 of 28 151 I am an artist who has been involved in the weekly art fairs for the past two years. Since you have a west end of the avenue and a east end before the Fountains I would suggest a restroom on both ends to accommodate those artists and farmer’s market vendors. Smaller fountains would be nice. Too big, too much space used for current fountains. 152 Part of the issue is the traffic on Saguaro. Fast and heavy at times. Suggest you consider putting in 3 roundabouts. One at the end of Ave of the Fountains with a fountain as its center piece. One at the intersection of Saguaro and El Lago Boulevard – remove light and the other at the intersection of Saguaro and E. Palisades Blvd also removing the light. They should be surrounded by paver/cobblestone to form the circle. These improvements would serve several purposes. 1) create a safe environment in downtown – slower traffic and perhaps less with people avoiding the road because it is slow progress 2) Reduced noise because of slower traffic and removal of lights. No more peeling out after lights change 3) Improved image-the center of the roundabout could incorporate artwork and water features. I would also consider installing 45 degree angles parking on Saguaro for improved lake access and a concrete pad lakeside parallel to Saguaro so vendors can set up on along the edge on weekends without blocking the street. I have a lot more suggestion/vision on what you should have there. It may cost a few dollars to put this in place but it could provide significant tax revenue if it draws more visitors to town. 153 Fix/replace FH roads as a higher priority than any of these items. 154 Road first, then median. 155 Natural trees are needed for shade in the median. The view will be blocked by the “Greening” of the park so don’t bother chopping trees. If you wanted ADA sidewalks why!!!, did you allow the restaurant to encroach on the sidewalk. Allowing the theater to be taller than the “standard” height will probably block views from the Ave of the Fountains. A public restroom should be available in the business area Not the median. There seems to be plenty of space in the retail area for this. 156 I don’t believe the existing fountains in the median should be repaired, but rather the fountains should be relocated to Fountain Park. The median should be opened up for events and kiosks (see Downtown Vision Plan and then rename the “Avenue of the Fountains” to Fountain Avenue”). As for public access from one side of the Avenue to the other, I am not aware of any incidents; however if there are, then address them. If not, then forgo the expense. The visual connection along the Avenue of the Fountain should be from the sidewalks Page 29 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 4 of 28 adjacent to businesses, not from the median. The goal should be to get more pedestrians strolling the business sidewalks, not the median. Sun-sail shades in the median should be considered in lieu of more expensive hard-roofed shade armadas. A public restroom is needed in Fountain Park before it is needed in the median (consider ROI based on frequency of use and number of pedestrians). I’m guessing that spending $2 M on the median will be a hard sell after the Town recently told the community it has no money to replace existing streets. I believe median ‘improvements’ should be scaled back to take into consideration community priorities and ROI’s. 157 1. No restroom facilities on the Avenue, please! Tacky and inappropriate. 2. No expenditures on art or sculpture, etc… We have mountains and a fountain. Please do not spend our taxes on funding some artist’s rendition of beauty. We have it already. 3. No receptacles, electrical equipment expenditures for artists to sell their wares on the Avenue. Most of the “art” we get at our fairs is substandard and of the church bazaar craft sort. 4. No awnings. 5. Yes, the Christmas lighting is awesome. Please keep. At this stage in our economy, to incur additional expense to improve the ave. of the Fountains median seems inappropriate. A better expenditure of time and money might be: 1. Remove the tacky sports bar with TVs glaring over the Ave of the Fountains and the lake. 2. Remove the neon sign in front of the church on Saguaro, the sign that advertises what the church is offering that week. Absolutely unbelievable that got through. 3. Upscale the entrance to our town. Newcomers to Fountain Hills first view of our town is a line of fast food restaurants….Taco Bell, Arby’s etc. Upscale the vacant buildings along that corridor entrance. Rent or sell those buildings to healthy lifestyle companies (i.e. NOT BARS) that will improve visitor’s impression. 4. Police the speeders who crank through our town on their way to Scottsdale &/or Mesa before and after work. 159 Indigenous shade trees are absolutely essential, rather than small desert shrubs. Fountain views are available from so many locations already. It is imperative if you want pedestrians, shoppers, and activities that you provide numerous shaded areas, especially with water features/fountains for a relaxing ambiance. No palm trees, please. We already have enough of them. 160 The bricks should be removed-some cement benches and trash cans along the Ave. need Page 30 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 5 of 28 repair-for site and safety. Keep it simple-enough fountains. The Greening Group has done a good job! My husband and I pick up trash along the Ave. several times a year- good exercise and it looks neater. Maintain what we have rather than adding a lot! Thanks. 161 We have enough fountains and statues. Fix what we have and not add a lot-some cement benches and trash cans need repair. Bricks could be removed. 162 The land on the south side of the Avenue HAS to be developed to increase the beauty of the town. We desperately need a theater & attractive shopping area where residence and visitors can shop and spend time & money IN town. Make the Ave the Beauty of FH and the focal point where visitors WANT to participate in town activities. The population of FH has grown, it’s time for the town to grow also, How sad it is, most of us run to Scottsdale to spend our money & time. If the land is developed/sold the town can collect revenue from the investors for taxes etc…. What good is it to fix “the island” when it borders an empty lot that is nothing but an eye sore. Let’s get going and make a deal with a developer who will beautify the center of town and make us proud. Thank you. 163 Still waiting for the movie theater area to be developed. It’s a beautiful city. I am a visitor and love to walk around everywhere. Thx 164 Thanks for the opportunity to opine: I feel that a bathroom is overkill in that area. I think charging a fee for private events would help with the costs. I love the Xmas lights and would miss them greatly if they were removed. We frequent the median with our pets and I think removing the trees to better see Fountain Park is a mistake…It will take away quite a bit of shade. If people want to see fountain park, go to Fountain park….Some nice ramadas would be a real delight. Good luck with the project!! 165 Some questions seem opposite. If you take down the trees, how do you hang Christmas lights on them? Not sure what non-compliant plants are so cannot agree to take them out. If you are taking the trees down as they obstruct the fountain, how does the ramada, stage or bathrooms not interfere with the view? Not sure what the north-south pedestrian question actually means. Most importantly, why wasn’t there a question about who would like to see the vacant side of the avenue developed? It’s sad that the MAIN tourist street in our town only have ONE side. Thanks for asking! 166 I have an idea for the main entrance to the Ave of the Fountains, Saguaro Blvd side. Hence the name Ave of the Fountains let’s make it about the fountains. Start with a design like the picture I have sent. My thought is to get most of this paid for by business/residents that want to donate their time and products for a plaque on the back side of the fountain. Design the fountain in stone; add a design of the four peaks mountain range & red rock, with the water as a sheer decent falling over into the base. Then as you go up the Ave. enhance the area with covered seating, more fountains, maybe even a baby fountain like our world famous one across the street. Have it shoot up about Page 31 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 6 of 28 12’ into the air every hour. Add pavers (again residents purchase payers with names & sayings on them) adding a wandering path along the Ave. We are greening the fountain park, why not green the Ave?? Change the plants with donations of residents, business that what their names on plaques. We need to bring people into the Ave and keep them there for awhile, make it inviting so they will stay. Also design it so that different day & night events can happen. I also suggest going to our local college and see what design engineering students there come up with. Then offer the winner some type of scholarship money. Just some thoughts! 167 There are far more pressing issues than the median. Street paving should be #1 priority. Water fountains on the median are unnecessary and a waste of natural resources. The median is a perfect segway to our town mascot, the fountain. 168 Unable to answer the early questions without replacement and maintenance costs and timing. Road maintenance seems a more important project than any of these points. 169 I love our Avenue of the Fountains and agree that it does need to be remolded as our town has grown with more public events. I’d love to see the median have more of a downtown feel so that the community comes down in the evenings and weekends. In regards to the fountains on the median. I would love to have some fountains. That is what makes the avenue unique, Avenue of the Fountains. I do agree that they need to be water and energy efficient. If we are going to have events on the median, then yes we do need some sort of shading, however not necessarily hard roofed. The style of shading will depend on the overall look we are trying to create. Public restrooms should be added in the areas, but not in the median. 170 I think the most important consideration is for existing and future landscaping to require as little upkeep and use as little water as possible. Any new trees should provide shade without drinking up a lot of water, which means mostly trees that are native to the desert or have adapted. Other plants should also be desert friendly. There are lots of bushes and flowering plants that can survive the desert heat and still provide a pleasing view. I’d like to see the Avenue as a respite, not only for people but for birds and maybe some smaller desert critters. A few benches instead of ramadas would be nice. Sculptures are great, but I think there is enough of it now. The pieces that can’t be repaired might be something private donors can offer to replace. Am a bit leery of a public restroom, as they can get messy. If that makes it into the plan, there should be something in place to encourage people to help keep it clean. No stage or plaza, please!! Those are already in place at the Fountain and would detract Page 32 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 7 of 28 from the natural and (hopefully) relaxing nature of the Avenue. Love the Christmas lights, since that’s about the only holiday draw the town has (besides the luminaries). 171 I don’t like the idea of a public restroom on the median, but one ought to be available within convenient walking distance of Ave of the Fountains. 172 I offer the following opinion: the existing fountains should be removed to save electric, water & maintenance. We already have a wonderful water feature directly in sight, the town fountain. We should not take away from that or try to compete with it. It is our town landmark. Also, we do not need another public stage since there is one just across the street in the park. Thank you for allowing me the opportunity to comment. 173 I think you should leave all the existing vegetation and minimize the changes to the median. I can see repairing the fountains, as they are part of the community identity. The median should be used as a park (during the day, not at night) and as such, should be focused on staying green. There is no reason to cut down the large beautiful trees that have grown there for so many years unless they are died or dying and pose a safety hazard. Building a restroom in the median would be costly and foolish, as the need to use one is a good way of getting visitors to go to the shops on the North side of the Avenue. And why build costly ramadas when you have all the beautiful trees to provide shade. Also, stop wasting money wrapping the trees in lights every holiday season. Use the lights on the shops on the North side instead. Finally, the irrigation system would require a lot less maintenance if we didn’t have the farmers market and other events taking place in the median, which is generally what causes the damage to begin with. Minimize the costs….keep the median green and take any money for median maintenance out of the funds the Town provides to the Chamber of Commerce. 174 This money would be better spent on roads if the roads are so poor no one will come to the median anyhow. This is a good example of doing what is easy and avoiding real needs. 175 Some of the questions are too vague without knowing what will replace, costs, from where the monies to do the project will come. Is this project really a priority during this time when money could be well spent somewhere else or not spent at all. The median is just that….why do you want to clutter it up with a public restroom and shade ramadas? Parking for the existing stores is already a problem when the median is being used for things. You believe the trees are blocking the fountain…. I certainly don’t want to be looking at public restrooms and the building and upkeep costs would be outrageous! If you are talking about new public art….I disagree unless it is donated. The artwork in Page 33 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 8 of 28 Fountain Hills is unique and fun but to be consideration more at the expense of taxpayers or taking from the town budget is poor judgment in my opinion. Do what HAS to be done to maintain/fix what is broken and stop spending money and then down the line complain that you need more money….which means more taxes. Fountain Hills taxes are too high now. 176 I am not in favor of any of these development plans. If we do not have funds for streets (Saguaro, in particular), we should not be looking to spend funds on development! Let’s first put “food on the table and a roof over our heads before we go to “Disneyland”! The way the second part of the survey is worded, it assumes median renovation. That is a really railroading technique. Again, let’s concern ourselves with things that are necessary rather than frivolous. Tighten our budget belt. Don’t pay for a design service! Do you honestly think we can afford that? 177 Before the Town decides to spend perhaps millions of dollars dressing up the Avenue you should get the streets fixed. The money you intend to spend here should go toward the repaving of Saguaro Blvd. 178 Not until Saguaro Boulevard is put on #1 priority. It is a disgrace and any other funds spent on the median should be used for it. 179 There is currently no real “residential purpose” to the Avenue area and therefore we haven’t been compelled to spend much time on the corridor. Farmers Market is a great example of a perfect use….however, it is traditionally held on a Thursday during work hours. Need more activities on this corridor during the weekend to draw us over there. It doesn’t have to be on the caliber of the two Art Fair events…but more along the line of the weekly Farmer’s Market approach. 180 Replacing any ill working water features and plants is imperative. Save water! Views along the Avenue are already there and having anchor trees at the entrance of the Avenue is visually appealing especially at the holidays. Isn’t there some kind of flashing signal that can be triggered by pedestrians to alert traffic for crossing into the park from the Avenue? Solar lighting fixtures to marry existing street lighting would be a plus even for night time strolling. Shade structures should also mirror existing styles on the Avenue. We must be ADA compliant. As a resident of the Avenue, street fairs is a whole separate issue that needs more space than I have here to discuss. I’m sure public restrooms would be appreciated by all who need to go to the bathroom! Public art should be displayed as part of a whole picture. Thank you! I appreciate the opportunity to share my thoughts and look forward to possibly working with you in the future to make this project awesome! 181 As a 31 year resident I have an appreciation for the town history as well as the need for Page 34 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 9 of 28 improvements in the interest of future development. I like what I see happening at the Fountain Park. As far as I am concerned, the Avenue of the Fountains median is just that. A median. So while I agree with the need for improvements to aging systems, unhealthy or high-water use plants…I do not wish to see the space turned into a meeting and gathering space. I like the fountains. I love the trees. And I love the holiday decorations. Add a path if need be but keep the concrete to a minimum. 182 Please fix the roads before spending money on the Avenue of the Fountains. 183 Public restrooms, while needed, should be unobtrusive. 184 I understand the appeal to hold events like farmer’s market on the avenue. However, these day-only events (unlike Art Fair) create dangerous conditions for pedestrians and motorists. People drive by the “window shop” from their car, delivery vehicles block traffic, and often cars stop to off-load in the street rather than pull into a parking space. I would oppose further development of these types of events….should be held on Fountain park property. 185 Please stop trying to get rid of all the trees, even palm trees and other plants that may not be on the Town’s list have value. We should be planting more trees. 186 Streets should be repaired before they get any worse. The next thing you know, we will have pot holes all over the city. This is keeping property values down! 187 While I agree that leaking fountains should be replaced with those that use water more efficiently, I am accustomed to the current visual style & would hope the replacements are similar or even better enhancement of the avenue. I think is important to any community, but we don’t have to have numerous stand alone bronze statues. The art can be subtle and free flowing. We are surrounded by communities that have done this. Making the median safe, appealing, and environmentally responsible should be the top priorities. More areas of seating to enjoy the beauty also, public restrooms a must. 188 How about up lighted palms down the median to provide atmosphere, lights and minimally obscure the view of the fountain. Would not like a public stage as we have the amphitheater area in the park. Perhaps an event plaza, where a temporary stage could be erected? 189 The village needs to take care of existing facilities FIRST. Condition of parks, streets, etc. has been ignored as they have been allowed to fall apart. The off lease facility is a total mess; maintenance of park grass areas is horrible. Let’s get our house in order prior to spending funds on “improvements”. 190 We have enough fountains and statues. Fix what we have and not add a lot—some Page 35 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 10 of 28 cement benches and trash cans need repair. Bricks could be removed. 191 No median renovation until Saguaro Blvd is upgraded. – Please! Please put first things first. There is too much emphasis on things that are not essential! When plants die or are destroyed, then replace with compliant plants. First do the streets. Why do we pay for a Town Manager? Shouldn’t the Council and Mayor manage it? Why are we paying J2 Design if we cannot afford streets? 192 If it’s not broken, leave it alone! Please do not remove trees! People love the shade! I work on Avenue of the Fountains and I look at the median everyday! The green is restful and the tourists (I see people and they come in our office everyday) comment on how inviting the median is----- (add benches but not shade ramadas– ugly! Talk about blocking the view!!!!!) People take “all their pictures” by the entrance to the Avenue by the beautiful tall pine” 193 With regards to putting in improvements such as electrical i.e.…for the different fairs we have. I say no, because we tax payers should not have to pay for the Chamber to close our streets down for over 6 days a year for their benefit. All they do is have parties for themselves, give awards to each other on our dime. I work on the avenue of the fountains and very much dislike the fact that I cannot conduct business during these Chamber function…..They do nothing to insure that myself and my clients can find a parking space. Thus I have to close my doors during all these functions. Thank you for your time. 194 Any rework of the median area should include a proper and safe cross walk across Saguaro to Fountain Park. I would also suggest a roundabout rather than another traffic signal other than perhaps a caution flasher. Any event lighting should be used only for events not ordinary street lighting. An events stage is redundant, use the amphitheater stage in the park or use temporary reusable staging. 195 There should be an effort to bridge the gap between Fountain Hills and Scottsdale – Tempe – Phoenix. Adding a light rail system for access as well as visitors from around the area. This would be a cost and energy efficient pull to bring people into Fountain Hills for activities as well as living. Access to college, games, art, events, work, airport etc…… 196 I agree that the trees are old and should be replaced…but with Palm tree, not the type of trees that do not lend to the landscape as I see they have already placed several of these types of trees at the fountain and they look so out of place!!! 197 Get rid of the idea of a 12 screen movie theater and put in an old fashioned theater with 4- 5 screens, old time candy & popcorn and put in a venue for the town theater and other performing arts projects. Symphonies, ballets, etc that will enhance the avenue also no big box buildings or parking structures. Keep it in the small town feel and appeal. 198 I applaud efforts to improve the median of the avenue, but I also think it’s very important Page 36 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 11 of 28 to keep large trees shading the avenue and proving an ambience that beckons to people. A two block strip of fountains, desert plants, and pathways without large shade trees would be very unappealing and probably very hot. Improving the median to accommodate art shows, farmers markets, concerts, and other events is very desirable. I hope the town, if this is done, really gets behind USING the space to get visitors to Fountain Hills, i.e., sponsoring more concerts and events, advertising these events, etc. the Chamber seems only interested in November and February art fairs. They set the tents up so that the median of the avenue and sidewalks in front of the businesses are “storage areas” for the tents. That doesn’t help the local businesses. It seems that a beautiful new median, with shade trees, fountains, pathways, public art etc as well as the sidewalk in front of the businesses should be open to visitors. Surely the south side of the avenue, Saguaro and perhaps other nearby streets (La Montana and Verde River) can accommodate the tents and visitors can enjoy the ambience of our “downtown” street. 199 Remove and not replace the fountains. On the subject of “integrated public art”, I’m OK with that so long as the walkways, walls, site furnishings, etc are NOT provided for the sole purpose of presenting more art. While I support art for public display, I don’t believe we should be spending money on additional art at this time when more serious infrastructure issues (repairing roadways comes to mind) need our attention and financial resources. 200 Instead of repairing or replacing the fountains, convert them into something that does not require any water or maintenance such as art sculptures. Your question was skewed to assume only replacing the fountains, and does not allow for other options such as removing the fountains. The avenue of the fountains has a name referring to water fountains but the name can stay and still refer to the main fountain park as well as the history of the blvd. 201 This strip of land definitely needs development and improvements made. We are in full support of such improvements, so long as improvements do not interfere with mountain view, nature, etc and are not distracting in any way. 202 The goal for the median strip should be a place of small plazas where locals and visitors can gather in the seating provided and under the shade of low growing, shady trees with ample seating and safe passage from one side of the boulevard to the other due to the parking available there. In the long run, this will be less expensive than maintaining ramadas or other unsightly structures for shade purposes. It should be beautiful in and of itself, as it now is, and any large construction should be confined to the larger park around the lake, not in the middle of the boulevard. While it is nice to consider the various events held there, spending enormous amounts of money to provide additional lighting, electrical hook-ups, large permanent bathrooms, etc is not economically feasible. The return on the investment is just not there. Therefore although I realize that perhaps the Chamber of Commerce would like to see all these things happen, it would be unfair to the residents who have to support the costs. Page 37 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 12 of 28 203 A number of these are good ideas but I tried to prioritize because of cost. What I would really like to see is development of the vacant space on the south side. A movie theater or other entertainment venues. 204 The Avenue of the Fountains should provide an attractive option to explore Fountain Hills as a pedestrian. An excellent project to bring visitors to Fountain Hills with the art, the fountains and the views. A good investment for the Town and the surrounding businesses. 205 The water leaks NEED to be addressed, in the fountains and the watering system. Trees that are in danger of falling or wind damage NEED to be addressed. Public stage should NOT be considered, not enough space. Hard roofed shade ramadas should NOT be considered, too much chance of high wind damage. A public restroom would be an eyesore; one can be built on vacant lots on the north side of the Avenue. People are going to cross the Avenue where ever they want. Cross walks will not help. No night lights down the Avenue. We don’t have street lights in neighborhoods and don’t need to waste the electricity downtown. Where is the power for the art fairs coming from now? If the main power supply NEEDS to be updated, then it should be. Booth space is not a need, it’s a want. The present pieces of art NEED to be kept and included in any remodeling. New pieces of art are ‘WANTS’ and should not be included. 206 Creating a comfortable and inviting exterior space with shade structures and furnishings would be high on my list – along with refurbishment or replacement of the fountains and irrigation system and brining the landscaping into compliance with low water use principles. It’s time to say goodbye to the grassy median. Also, aesthetics, function, and ease of set-up for the fair booths should b a top priority (including appropriate electrical receptacles) since the fairs are a major source of income for the town. In my mind there is no feasible way to improve the physical link between Fountain Park and Avenue of the Fountains. If there was money to bring the Avenue up to speed that wouldn’t be an issue as people would be naturally drawn to this extension of the park. Although we love Christmas, we think that the large amount of money spent putting up those tired old Christmas decoration could be much better spent. Thanks for sending the survey. 207 I strongly believe that commercial development, particularity a movie theater, is not Page 38 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 13 of 28 economically viable or sustainable. The town will be left with a vacant eyesore. We have enough commercial vacancies in this town not to even mention vacant homes. Some people in our town government have a vision of Fountain Hills competing with Scottsdale. Use common sense in planning and think like a business person. 208 During the renovation everything should be done to ensure easy access to existing businesses. It is important to keep these shops and restaurants thriving. 209 Who pays for the electricity for all the events using the median and possible lights/power receptacles? The holiday lights should be sponsored by different clubs and organizations that help fund the cost of the electricity and keeping the lights on during the season. The median should retain grass. 210 Dog walking should be eliminated from the grass median. We have and pay for a dog park. 211 We don’t agree with the restaurant infringing on the sidewalk. They are using “public” property to enhance their seating. We understand the restaurant needing more seating but it shouldn’t take away the “4 lane” sidewalk forcing pedestrians to detour around their fencing. 212 How can we be sure of your statements about trees or irrigation systems? How are we to answer questions if we do not have all the information you currently have? Why are you looking to spend money we do not have and make major changes to an area that doesn’t need most of the things you seem to want done. It seems, like the roads, you have this wish list and what you really want is to spend money when we do not have it. First and foremost, getting away from Fountain Hills and driving around this country, you’d realize there are terrible roads, far worse than our own, and some are even toll roads. We need to repair or replace the irrigation system, repair or replace pavers and walkways to make them ADA and customer friendly. We need to do only what will save money, not enhance for the sake of some expensive concept created by those who might profit from work given to make new and “Better” (maybe not better) looks along the Avenue. We do Art on the Avenue and the 2 Fountain Hills C of C shows so we are very familiar with the area on a weekly basis. We need more info to voice on these issues. 213 Do not add stuff to the median under any circumstances. Just fix stuff that is already Page 39 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 14 of 28 there. 214 We feel that natural shade proved by trees is important to preserve and takes priority over a “view” of the fountain. The fountain is visible for miles when it is on, otherwise there is not a lot to see. By contrast, the trees are visible and provide shade and clean air at all times. Public performance stage is better in the park – make improvements including shade for existing area. Public restroom is better placed in park and/or along the south side of the Avenue. 215 I would like to see our major streets leading into our beautiful town fixed and maintained before we spend more money to do other projects like replacing trees or creating an event plaza. 216 Road maintenance should take precedence over any improvements except those that save water. Sponsors of events should raise money to pay for improvements related to their events, i.e. art fairs, farmers markets. The developer for new construction projects on the south side should provide for pedestrian crossing to benefit his development. Donations should pay for holiday displays! 217 We feel that the city needs a lighted area that people can go and walk safety at night. It is too dark around the lake so Avenue of the Fountains would be a great alternative. 218 Avenue of the Fountains should have fountains on it. Switch to desert landscaping (no grass). Trees improve air quality, shade and add beauty. Their benefits outweigh the issues. People should walk five feet to the right or left if they want to see the fountain. Do not cut down trees to accommodate human laziness. There is a stage and event plaza in the park two blocks away. Other than art fair vendors (who have tents) no one stands in the sun on the avenue long enough to merit the expense. Hats are sufficient. Restroom is needed during events, use porta-potties so everyone doesn’t have to look at a bathroom every time they walk or drive down the avenue, during the 98% of the time that there is no event and no one in need of a toilet. 219 We are residents of Fountain Hills for over 30 years. We would love to see Avenue of the Fountains in a way that attracts people even for just a stroll. It needs to be a walk-through for pedestrians with lush surroundings (lush doesn’t have to mean non-eco friendly plants/trees) that provide a peaceful atmosphere and also an escape from the heat. A public stage or event plaza not in the median, but maybe on the south side of the street. We like the idea of ramadas. Somewhere with trees, fountains and a pretty walkway throughout. Please don’t strip it of its trees, and please keep the holiday lights! They really are an attraction! 220 The avenue does need an updated look, but as most of us has come to realize in this Page 40 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 15 of 28 economy, our wants vs. needs have to be carefully scrutinized. There are more pressing issues in the town, i.e. how to attract and retain businesses, road upkeep, etc. Remove the fountains, cut down old trees, reduce water consumption and renovate on a “best bang for the buck” budget to make the avenue “spiffier”. Please learn how to be fiscally conservative and create a master piece – then feel good about your conservation efforts. 221 Please don’t cut down trees – or even trim them. We need all the green we can get. No need of performance area on Avenue of the Fountains. There is one in the park. Same for restrooms as they are available across the street I the park. Please keep park open and green and same for the Avenue of the Fountains. 222 We need more downtown events, thus we should focus on redeveloping around what fits into the redesign to accommodate more fairs, farmers markets, theme seasonal events and tie them into utilizing the park. Public art is extremely important, however we need to expand what is public art…it is not only sculptures, a beautiful covered ramada that would provide a venue, shade or a visual space is ART. The needs of the many outweigh the needs of the few and that is what the redevelopment should be concerned with. Also, a new ordinance that mandates that the vacant downtown lot owners must bring their bare land into an approved landscape ‘greening’ compliance that reflects the updating of downtown Fountain Hills and that all future studies for the improvement of the downtown area must pay a % of those studies if it directly affects their properties. 223 Let’s keep Fountains Hills beautiful! Public stage or event plaza; I don’t know if this is the best place for it. 224 No stupid roundabouts entering the avenue form either end. 225 Median lights should be upscale (street lights) on both sides of the avenue to create ambience for events and gatherings. 226 Overall comments: Big picture – What’s the primary purpose of the median? We need to know that before we talk about enhancements, improvements or anything else. First we need to know how the median is intended to be used. Outdoor art is mentioned…isn’t that an obstruction to our two fair set-ups each year; isn’t it vulnerable to damage? I don’t mean to be negative about our beautiful art – I’m just being realistic. 227 This is the main street of Fountain Hills and should showcase our town. I think a desert landscape similar to Desert Botanical Garden with a path way and natural desert plants would be a great change. Water features and statues could be added with shaded seating areas and gathering people points for the conversations. Small performance areas could be available for concerts and music events. Public restrooms would be needed for events. Maintenance would be an added cost, but the Scottsdale Mall seems to be able to cover their public restroom expenses. Also consider a traffic circle at the Avenue and La Page 41 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 16 of 28 Montana. Past and current designs are dangerous and accident causers. 228 Temporary staging will suffice. Ramadas around lake would be better. Public restrooms; better location would be building on south side east of Town Hall. 229 Fix the streets that are falling apart! Priorities! Maintain existing facilities…. The off leash facility is a disaster, has been for a long time. 230 Public art: If affordable. New plant material: Not necessary. Public stage or event plaza: Use Fountain Park Performance Pad. Hard roofed shade ramadas: WHY??? Public restrooms: Not necessary. 231 There was a lot of money spent on the north side of the avenue. It did little to enhance the looks and did nothing to improve business on the avenue. I hope in these hard economic times and tight budgets, that the spending would be kept to a minimum. Maybe this money would be better spent on street repairs. I would like to know if the Chamber of Commerce is contributing anything to the improvements; it will benefit them more than anyone else. Also, as a property owner on Parkview Avenue, I think it is grossly unfair to spend millions on one street and totally ignore other streets. 238 I would like to see the whole median blocked off. Since the movie theatre will be going in there, will be parking spaces. There are also spaces behind most businesses that are underutilized now. It would be so nice to have an area that is only pedestrian friendly. I was on the City Council back in Illinois and the response was terrific. Lighting at night could come from street lights with baskets of flowers handing off them. Increase the amount of benches. It gives such a welcoming, homey feel and somewhere to relax. I think a limited amount of large shade trees could be incorporated. Smaller trees such as the orange would not work. I believe the business owners along the median would actually increase their sales. This would be a destination, not a drive by. As far as the event stage, that’s a great idea, both for the art fairs and to get people to come downtown. As far as the connection to the fountain, there should be a push walk button, well marked on the pavement, so that you can proceed safely. That would simplify everything. Do not put a roundabout in. The cost is prohibitive and no one cares for them. Good luck, I am excited to see the improvements. 240 Lighting of paths, walkways and highlighting of landscaping rather than high street/flood lighting preferred – would also contribute to pedestrian safety – ease of use. 241 Depends on who does it. 242 I am one of the Thursday “Art on the Avenue” artist. The gravel walkway is dangerous and the bricks that line it, too. I have had several people trip and fall by my display. Looks like a law suit waiting t to happen. We have a stage in the park and the circle by the Community Center, library, museum, why do we need another one? 243 No! No! No! Leave the big trees. Please keep large trees as part of the median. They Page 42 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 17 of 28 offer shade and enhance our town. Many of the trees live to be hundreds of years old. If a tree does have to be removed and another tree should replace it. Our avenue is part of the beauty and buildings obstruct the views, not trees, they only add to the ambiance. 244 I feel the most immediate priority ABOVE ALL ELSE, is the repair of Saguaro and Shea. It is the first thing people see when they come to Fountain Hills and Saguaro especially is in horrible shape!! 248 The project should contain a cost time line that is tied to Fountain Hills Financial abilities of the project. This also should incorporate the projects as they relate to a ranking of most beneficial to meet a short and long-term objective. Fountains reduced in size and or number and add xeriscape landscaping throughout. Pedestrian access – consider speed bumps and crosswalks with solar flashing signs. Also add solar signs NOW at the crossing to the fountains. Minimal additions for lighting and power for now. The Great Fair works now. Farmers market is a daytime event. A 40-year plan should be very flexible. A restroom attached and designed to fit in with new construction on the south side. 249 The lush, green atmosphere and tree canopy of the existing median are an important aspect of the area. Some people like the solid infrastructure of buildings and sidewalks like Kierland Commons; however, I believe the citizens of the Town would prefer a more rural feel with the natural landscaping of grass and trees. There is no need to remove trees to open up a view to the fountain; there are plenty of other areas from which one can view the fountain. I believe it is important to retain the welcoming feel of the existing median with the grass, trees and fountains. While this is a major use of water, it is an important use of water for the Town. Repair/replace the fountains and irrigation systems to the extent possible. Add a meandering sidewalk so all may access it. Add a crosswalk for north/south pedestrian street crossing in a logical location. Add permanent power outlets for booths to be set up at fairs; but do not put in permanent booths or booth space. The less concrete, the better. Temporary booths with white canopies add to the hometown feel of the fairs. But allow access to the center median during these fairs rather than shutting it off by the placement of the temporary booths. The addition of one small pavilion for live entertainment and gatherings is a great idea. Add reliable, safe and sturdy string lighting in the median, with light poles on the north and south sides of the streets. If cost is an issue, keep holiday decorations to a minimum, but keep the string lights year-round. Retain as much of the existing public art as possible. Add public restrooms to appropriate locations on the north and south sides of the street – not the median. Stripe the streets to make them two lanes Page 43 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 18 of 28 rather than the existing extra-wide single lanes where vehicles wander. And avoid permanent ramadas (other than one pavilion) in the median to keep the rural, welcoming feel. Thank you for your service to the Town! 250 Thank you for all your efforts to improve this area! 252 The median on the Avenue is an inviting green area with a peaceful park-like setting. Adding amenities like public restrooms and ramadas, although convenient, changes the overall character. Thank you for the opportunity to offer my input. 253 We need to be very careful not to create a heat island. Several of the trees provide shade and should be preserved. We really enjoy the grass and the cooling effect. Also, there are too few fountains. I think we should create a rock stream from the west end to the east end and build around it. 257 Fix the roads before starting any median work!!!! 259 Please, please keep the grass on the median north of Verde River Dr. The dark green lush lawn is an oasis in the middle of the Avenue and is actually cooler than the areas without grass. Add trash receptacles on the median north of Verde River. Please do not convert the median into a desert landscape with hot gravel and low growth plants that do not provide shade. Keep/upgrade the two waterfall/pond features. My wife and I walk our dog up and down the median every evening and would hate to see the variety (i.e. grass, fountains, ponds, trees) that it provides, be replaced with xeriscape and rocks just because it is so much easier to maintain. Thank you. 260 Along with Avenue of the Fountains renovations, your should look into a performance pad east of Avenue of the Fountains near the lake about 30 yards west of the lake. Also someday a tunnel should be built under Saguaro Blvd to connect the lake with the Avenue of the Fountains. I know these are major improvements but they are necessary to complete this package. 262 Median path should extend to La Montana and be on both sides of the avenue. New theatre should incorporate stage for shows, maybe include Fountain Hills Theater. Do not remove trees! Add more tall ones. Restrooms can be put next to commercial spots…not on median. Re-examine stop signs at Saguaro – a waste of time and gas. Just put in pedestrian cross- Page 44 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 19 of 28 walk buttons and stop lights. 265 The west end should have a couple more Fountains. It is called the Avenue of the Fountains. Bathroom and water on the west end; fountains “Yes”; Lights – “Yes” walkway on the west end – “Yes” and a couple of benches and tables for “checkers”, etc – “Yes” 266 Why doesn’t the Town use the money to increase the appeal of Fountain Hills Boulevard? It is in dire need of help especially if you are comparing it to Palisades or Saguaro. 282 It Is my opinion that the town management needs to concentrate on what is absolutely needed, unless of course there is lots of extra money. The kind of mind-set is why most people did not vote in favor of the road bond. People in town do not have extra money lying around, with layoffs, pay cuts, 401k going to the tank. It is kind of hypocritical that just a few months ago the town was talking about budget cutting, and now there is consideration of trees and replacing pools. When the town is prospering, and we have extra money, let’s do these nice extra things. 283 Although I agree with many of the items listed, I would want the opportunity to prioritize them to meet the budget. Regarding a public stage or event plaza, the stage in Fountain Park can serve that need. Regarding hard roofed shade ramadas, I prefer desert shade trees to go along with the Greening of Downtown. Regarding a public restroom on the median, I would prefer one but not on the median. Can a vacant business area be converted to a restroom? I am thinking of the building on the northwest corner along the driveway across from the Sunset Gallery at 16846 E. Ave of the Fountains. It is the building north to where Coldwell Banker was. 284 Don’t cut down any trees – design around them. They are the view and add character. The median is not a permanent retail space. Don’t commercialize it with event spaces. Electric is ok. Unobtrusive night lights. Public restroom should be off median and integrated into other buildings on the north or south sides of the street. No buildings in the median. Landscape doesn’t look distressed. The loose stone pathways are messy and many border repairs needed. Consider pavers and not concrete. 285 Do not cut one tree or change the grass. The median is a green oasis in a sea of brown sameness. I often drive the Avenue of the Fountains just to enjoy the big trees and green grass. If you must spend money repave Saguaro Boulevard. 286 If it costs extra money to incorporate then “no”. Leave as stand alone in regards to public art. $2 M seems a lot of money given current budget restraints. Have we looked at what we can do or get done with 750 K.? We need to stop this all or nothing attitude and look at lower cost options to still take care of our town but without the large price tags. I would challenge the bidders with providing lower cost options. 287 New plants in median should fit in the landscape theme that will allow those healthy trees Page 45 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 20 of 28 to remain. It might look odd to incorporate cactus i.e. saguaro with those types of trees. Trees are wonderful at Christmas time when decorated. 288 Walkways on median need to be paved. Area very important to businesses and exhibitors. 289 Never cut down trees. Use deep irrigation to make root go down not sideways. Repair, do not replace irrigation. 290 Be creative! Make it remarkable (something worthy of being remarked about)! Make it something that people will come to Fountain Hills just to see. Instead of adding art, or incorporating art into the design, make the design itself a piece of art! 291 Functional public art is okay, but will cost more. It should not be a replacement for stand- alone pieces. What is meant by “interaction with fountains”? Beautiful fountains can also be considered public art. A public stage or event plaza will not be needed if the Town purchases a mobile stage. 292 The median is a mature focus and as such, should have minimum changes. Trees should remain and grass. It is only due to the ugly empty space on east side that the features are “Lost” if there were attractive structures the median would have a better visual impact. We do not need to spend large sums to redue the median, just maintain what is there cost effectively. May risk a modern eyesore? 293 Remove trees at end of life cycle – do not replace. Like idea of incorporating existing public art * No additional art needed*. Let’s keep additional water features out! The main “fountain” should be the focal point. We don’t need additional water features! 294 Development of the south side of the avenue is the most crucial need to improve the area. The addition of a movie house would be the best development to our Town since we moved here 15 years ago. We feel a focus to that end is primary – other improvements are actually like painting half the house. 295 Seems strange to concentrate on beautifying the Avenue of Fountains without repairing Saguaro Blvd., the main arterial into downtown. With a 12-plex movie theatre proposed to block a view of the Fountain from the Community Center east facing ballrooms, it seems senseless to be concerned with views from the Avenue. Thought there was no money to do ANYTHING in Fountain Hills. Where is the money coming from? It is silly to fix the Avenue for those who spend only a few months here, not spending money to support the town. A survey to find out what businesses would keep residents here in town spending money HERE instead of traveling to nearby towns to buy things would make more sense. Let’s get real! This is a stupid survey and one wonders why we are begin asked these questions rather than questions as to help to get our town healthy financially. How much money did we waste on this dumb survey? Will you report that in Page 46 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 21 of 28 the local newspaper? 296 I think the Avenue of the Fountain should remain a quaint place. I would really like to see public transportation provided on the Avenue and perhaps to other key places in the community. I picture an open vehicle that resembles a trolley to “shuttle” people around the area for shopping and town services, such as the library and Senior center. Of course, an air conditioned vehicle would make a longer shopping season possible. This could be a great business opportunity for someone. It would not necessarily need to be a service provided by the town, but instead in cooperation with the town. I know the town has received funding for public transportation and that options are still being considered. I understand there is a need for transportation to Mayo clinic and other doctor’s offices as well, but I think having constantly running vehicles in the downtown area would be very inviting to people. 297 Existing trees are beautiful and mature. They absorb light and heat instead of throwing it off. Keep it classy, not commercial. Public stage? Far too small an area for that. No ramadas again, throwing off light and heat. Visual mess. Benches are perfect. No restrooms. We don’t want bums and homeless hangouts or the maintenance. 298 Public art is a joke. No logic or theme what so ever. A real miss-mash. Whoever approves these should be shot. If we are going to have “public art”, there should be an overall plan with some logic and agreed to be the community. By the way, who pays for al l of these eyesores? 299 The trees in the median should remain. The shade and greenery provided by the large mature trees is so critical to the character of the avenue. This survey is extremely biased. The small fountains should be replaced with trees and large scale art. No new costly, water wasting fountains are needed. Of course we should provide access for everyone but at what cost? The pedestrians should be directed along the sides of the avenue in front of the businesses, not into the median to bypass the businesses. There are far greater needs in town that would provide far greater benefit. Let’s use this money to improve the pedestrian connectivity throughout downtown. Better pedestrian connections to the park and a rebuild of Saguaro that does not require costly, ugly traffic signals would able a far better use of these funds. Event space throughout the park and or near the library would be much better. Stop looking for projects when you still have not addressed the needs on Saguaro. Again, do not remove these huge old trees. Maybe we should get rid of the senior center and senior living since maybe those they serve have gone beyond their expected lifespan too. Ridiculous! 300 Adding electrical facilities is a good idea to the median; however the event users ought to be responsible for some portion of the cost of the infrastructure as well as the energy usage. 302 During a Farmer’s Market this past April, I was not able to push my husband in a Page 47 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 22 of 28 wheelchair because access to the central median was not consistent. We had to walk in the street during heavy traffic, which was not safe. Please improve access to meet (ADA) guidelines. 303 Spending 2 M on this proposed project is a waste of scarce funds. Making the statement that repairing the existing fountains is not an option; defies logic. They could also be repaired and maintained as required. It appears that the Town Staff (Council?) has decided to proceed with this project without considering what the citizens want! 304 Streets need repair not fountain median. 305 No one comes out at night. – ADA guidelines are ******. There should be minimum renovation. The ****** are trying to justify their fees by satisfying their ideas. Do they live here? Trees need to remain. The greening of the avenue is proceeding—why remove mature trees. They can’t see the forest for the trees. Traffic & parking is a problem now. Jay-walkers pay no attention to moving vehicles. The stage is someone’s ******* - a waste of money just to satisfy a few. A plus would be to lose the grass to save water and deter dog walking. I’m on the avenue for 27 years. No one hangs out here. I know these people and they won’t. Less than ½ of the town use this downtown. Most go to Scottsdale. 306 Christmas displays set at an angle vs. east/west. Give a better visual walking or driving the avenue. How about marking the avenue for 2-lanes of traffic, each way. Cars often drive it in two lanes even when cars pre-parked! Would like to see the tall healthy trees remain. Indicates some maturity to the Town. 307 The addition of beautiful fountains will be public art that is both functional and stand alone. Ask the Public Art committee to help in the selection of them. There is talk of the Town purchasing a portable (mobile) stage. This would eliminate the need for an event plaza. 308 What good does this form do??????You do as you wish anyway. I would like to see the designs of these ideas. Could be good; could be bad. Do not remove trees. The Holiday Inn is an extremely ugly view. Remove the Holiday Inn before you put more junk in there. Public restroom -- ugly not attractive. 309 Public Stage in the park not the median. Trees for shade. Will the Town provide the high maintenance [public restroom] they require? If so, then “YES”. 310 DO Not Cut The Trees Down!!!! They are important for the ecology and wildlife such as hawks, owls and other birds that nest in them!!! They offer shad to a very hot summer months. Please don’t cut them down – it will be such a loss to the Town if old trees are removed. Thank you! Create Balance!!!!! 311 Fountain Hills needs to continue to show a progressive, entertaining, and inviting image. Page 48 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 23 of 28 We really enjoy being a condo owner and winter resident in Fountain Hills. All of the items in this survey are important to maintaining the integrity of Fountain Hills. In addition, we sure hope the theatre plan comes to fruition and should be considered to be incorporated into the median plan for landscaping to make for a complimentary environment for all of downtown. 312 The roads in this town are pathetic. I no longer drive on Saguaro. For 40 years no one thought to budget to replace the roads. This town seems to ignore the basics and continues to build monuments to themselves. The only part that seems to get taken care of is around the town palace. I see the strategy, spend every penny you get on other things and then tell the people their taxes need to be raised because the roads are falling apart. Total fiscal irresponsibility on the part of the towns leaders. 321 Dogs should not be able to go to the bathroom anytime in the median. Public restrooms should be added but not in the median. 322 Native; low H2O. Tress will not block views; plant many. Place seating under trees. Enjoy all the fountains. 323 No funds should be used for the avenue other than safety issues. Any available funds for the avenue should be redirected to repairing Saguaro Boulevard. 324 Smaller sized restroom. Widen the boulevard will make it easier for people to cross the street. 325 Vegetation should be natural desert landscaping that requires a minimum of water and energy. Decorative water fountains are unnecessary and unnecessarily consume water and energy. They should not be included. 326 Take out the median fountains and build one beautiful water feature that is modern looking and also incorporates a large fire place for the cooler weather. Take out all those old, huge trees and all of the grass. Redo the median with xeriscape. Beauty, safety and accessibility should be the focus. Don’t spend much money on the art. Let the landscape be the focus and let the landscape frame the beautiful lake and fountain. The owners of the buildings need some kind of break from the town to improve their façade as Sofritas has; this is the way the downtown should look. The sports bar/Anderson façade is a little to “Scottsdale” looking but can stay because it is beautiful. Design with an upscale new- adobe theme which would set the downtown apart from any other downtown area in the Phoenix Metro valley. Also, make comfortable areas to lounge and drink coffee, read, have a pet (like little covered living rooms outdoors.) Install the dog refuse and water stations as well as drinking fountains. Again, get rid of all those fountains, grass, and large trees. Now is the time to shine and redesign!! Then have a “grand opening” to the new and reborn downtown area. Thank you!!!!!!! Page 49 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 24 of 28 Email received June 5, 2012, requested a correction to this comment regarding the All American Sports Grill. Message stated that the responder meant the Terra Nostra building was too Scottsdale. Stated that the All American building was just right of the décor as well as the Plaza Fountainside and the Strata townhouse complex. 327 While many trees are not low water desert plants, the fact that they are large and provide shade makes them a feature that is hard to replace. Short desert trees with low maintenance, are typically thorny and provide low or little natural shade. The avenue should be reviewed as a true avenue like Mill Avenue in Tempe or some aspects of Old Town Scottsdale. The median is not a true park in nature and should not server the same functions as Fountain Park such as a performance pad. The Fountain Park does not have permanent lighting and if the median on the one sided avenue is expected to get lighting I would think limited low wattage lighting would work or I would not vote for lighting that is always on. Most of these improvements would be acceptable if the avenue was a true avenue and had development on both sides. Lighting up the empty dirt lots wouldn’t make sense, and I look forward to the year we can actually have a full avenue 328 Unless the Avenue does not meet standard codes, there are cross walks at every intersection. Why would you add anything additional like the u-turn which is unnecessary based on the volume of traffic and the fact that there have been no injuries or traffic related fatalities that keep prompting the “safety” issue? Build out the other side of the Avenue and then maybe you may have a case for additional north to south needs. As for the lighting, what are you planning to do at night that would impact the dark skies policy or be safe considering you are asking about the south to north side access. 329 I would like to keep the median as it is. I love the big trees and green grass. I think the condition of the Avenue is in good repair and feel it would be better use of town funds to repair Saguaro Boulevard. I also think restrooms and a stage would detract from the park- like setting. 330 This is disgraceful to consider spending this money on median improvements when Saguaro Blvd needs its improvements. When we voted down the road bond, our town government chastised its citizenry in the newspaper and strategic plan for not investing in the roads. Now we evidently have $2 M available and you, our government, want to allocate it to some other project. You told us that roads were a priority. You are not placing them as a priority. I am extremely disappointed in this misappropriation of funds. Stay focused on our priorities. Put this toward the road fund in order to reduce the amount that is needed through bonds. 331 All trees should stay; beneficial to all of us. Replace non-desert vegetation as it reaches end of life. We do not need more ramadas and stages in downtown. 332 Oleander in median should be removed. Other than the Great Fairs, the Farmer’s Market and a few other median events, the remaining type of events should be held at the Page 50 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 25 of 28 Fountain Lake. 333 1. This poll is an excellent tool; the town needs to develop multiple means of communication to reach all resident demographics. I hope you will publish the completed data from it. 2. Practical PM Methodology teaches repair is always an option. This should apply to the fountains and irrigation. Think like a homeowner is an appropriate guideline. 3. This median is the best grassy pedestrian location in town and that should remain the vision. As such, the trees must be maintained and other work goes around rather that at their expense. Grandfather existing plants through their life cycle then replace with desert appropriate. 4. Incorporate restrooms on the south side of the avenue, not the median. Work with the theater developer for lower cost than stand alone and more practical access. 334 This is a VERY low priority project. The Council felt the ROADS were such an important concern they proposed a BOND issue to address. Well, spending the estimate 2 million dollars on this project is a BAD choice. 2 million dollars would certainly go a long way to address some of the areas on Saguaro Blvd. Please don’t spend money on projects that are NICE and explain that WE DON’T have the money for projects later and YOU need to raise revenue. Focus on the Priorities the NEED funding and not things that a politician can be touted as a something they GOT for us. MAKE decisions like it WAS YOUR money, I would hope at home, you’d decide to repair the driveway before adding a pool in the backyard. 339 The town is reckless in their spending. The roads are atrocious and the Mayor and Town Council need to stop pondering artwork and clean-up the place. You built a palace [needlessly] to pay homage to your egos – the roads look like a third world – stop donating monies to the theatre [B.S.] green projects, etc. This town does not have a tax base [one-yr Scottsdale]. The town needs to save money and stop frivolous spending. My relatives laughed as we drove through the town when they visited on vacation B/C at the road conditions. 345 Don’t trust you not to throw out if you knew who sent this!!!!!! 346 With the tight budget we currently have, many of these expenses seem to be unnecessary. I think some of these funds would be better served to help repair roads. 347 1. Do not remove the trees I the median unless ABSOLUTELY NECESSARY. If removed, replace with other large mature trees. 2. Do not place lights on the median to make it a facility for night activities. We are a dark sky town. Keep us that way. 3. We do not need an events stage in the median. Page 51 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 26 of 28 4. An improved walkway in the median would be good, but it does not need to have a great design built into it. Simple pavers or concrete is good. The fancy design and extra money for the sidewalks on the north side of the Avenue of the Fountains was a waste of time and money. And then shortly after building, we let a private restaurant build a fence into and place tables over this sidewalk which cost a lot of money and replaced a functional sidewalk. Don’t waste more money on anything but the minimum sidewalk needed to carry the pedestrian traffic during the art mart and farmers’ markets. 348 Streets need to be given priority to anything else. 349 Money should be spent on Saguaro – not the median. 350 Monies being allocated for venue spending should be refocused to put towards repaving and rebuilding of Saguaro Boulevard!! 351 I believe street repair and upgrade should be our primary goal. 352 The project should be tabled and other “Maintenance” items reassessed for a better use of the funds. 353 None of the repairs seem needed. The avenue looks good. The money would be better spent on road replacement. Give the 1.8 million to the tax payer. Lower real estate tax by 1.8 million. 354 Spending money that the Town does not have is poor management. Fix the roads first. Balance the budget and use surplus, if any for these projects. 355 Fix the roads! 356 Public Art in the median: Keep them where they are. Plants low-water use: To be determined by cost and health of current plants. Public stage: We have space provided in the park. Public restroom: Maybe off on center of [n-side] – cost and maintenance should be main decision. 357 Safe Pedestrian Access: people will always cross where they are. I prefer shade trees to hardscape (ramadas). I know that the fountains are harder to maintain but the water is a great asset. It is the Avenue of the “Fountains”. A restroom facility with drinking water is a must! Maybe in the second block? A signage kiosk would be nice. Save trees for holiday lights and save room for the poinsettia tree. Page 52 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 27 of 28 Construction timing is critical for existing businesses. We can’t afford to be shutdown during our short “selling” season. 358 1. Please do not turn the median into a commercial venue. Keep it “park-like”. No permanent facilities or stages! 2. Remember – trees have trunks you can see around (unlike bushes). 3. Would it be possible to put the restrooms next to Town Hall? 359 Get rid of the palm trees. Cross walks for pedestrians – nothing more elaborate. 360 The median is not a place for a stage event plaza, a public restrooms or hard roofed shade ramadas. These structures would cause problems with the set-up of the art fairs and the holiday lights. These structures should be incorporated in the development of the south side of the Avenue of the Fountains. 361 1. FOUNTAINS: The existing fountains should be removed. Some new more appropriate fountains that work into a comprehensive plan should be considered but need not be mandatory. The focus fountain is in the lake axial to the design space being considered. That’s what gives its name. 2. IRRIGATION: A new irrigation system needs to be appropriate for the new landscape plan and not just replacing the existing as the questionnaire seemed to imply. 3. PROGRAM: I would recommend a written design program be developed for the space and that program also be presented to the public. What is the space to be used for? What activities will be accommodated? What are the design goals and objectives? What is the project budget? 362 1. Construct fountains that resemble fountains in the area of our sister cities, fountains of our southwest heritage with or without public art. 2. Create a tunnel from ave to park; eliminate a need for pedestrian crossing intersection. 3. Shade structures as we have now and a town gazebo. 4. Landscape, low water, natural desert trees, plants & cacti (some official town trees). 5. Scrape the idea of the 12-screen movie theater and high-rise building. It will not fly. Thanks. 364 It seems you want the trees gone. I agree with having healthy trees, but don’t take them out! 40 year old trees are quite rare and one of the best parts of the avenue. Lights and events held at night: Is this really needed? ADA guidelines: ADA is important but doesn’t seem to be an issue here. Page 53 Ju n e 2 8 , 2 0 1 2 2012 Avenue of the Fountains Capital Improvement Project Town Feedback – June 4, 2012 Page 28 of 28 These questions seem to be very biased and leading to the outcome wanted by the person or committee writing the questions. I understand needing to improve or update infrastructure and I am for that. However, not at the expense of the big, beautiful trees. Having trees like these are a true blessing in Arizona. They provide shade, oxygen, and are visually stunning. Please take this into account. Sincerely! 367 There already is a public stage at the northwest corner of the Fountain Park. That’s where the public restroom should be located. Page 54 Ju n e 2 8 , 2 0 1 2 1756760.3 FH ZO Chap 1 Definitions TOWN OF FOUNTAIN HILLS ZONING DEFINITIONS 1756760.3 FH ZO Chap 1 Definitions 1 Abutting: The condition of two (2) adjoining properties having a common property line or boundary, including cases where two (2) or more lots adjoin only a corner or corners. Access or Access Way: The place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this ordinance. Acre: An area of land containing forty-three thousand five hundred sixty (43,560) square feet. Adjacent: Nearby, not distant or having a common endpoint or border. Adjoining: Touching or bounding at a point or line. Adult Oriented Facilities: Which shall include the following: A. Adult Bookstore: 1. Having as a substantial portion of its stock in trade, videos, film, books, magazines and other periodicals depicting, describing, or relating to "specified sexual activities" or which are characterized by their emphasis on matter depicting, describing or relating to "specified anatomical areas", or 2. Having as a substantial portion of its stock in trade, books, magazines and other periodicals, and which excludes all minors from the premises or a section thereof. B. Adult Live Entertainment Establishment: An establishment, which features topless female or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers. C. Adult Theater: An enclosed building or open-air drive-in theater: 1. Regularly used for presenting any film or plate negative, film or plate positive, film or tape designed to be projected on a screen for exhibition or films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen depicting, describing or relating to "specified sexual activities" or characterized by an emphasis on matter depicting, describing or relating to "specified anatomical areas"; or 2. Used for presenting any film or plate negative, film, or plate positive, film or tape designed to be projected on a screen for exhibition, or films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen and which regularly excludes minors. D. Specified Sexual Activities: 1756760.3 FH ZO Chap 1 Definitions 2 1. Human genitals in a state of sexual stimulation or arousal. 2. Acts of human masturbation, sexual intercourse, or sodomy. 3. Fondling or other erotic touching of human genitals, pubic region, buttocks, or breasts. E. Specified Anatomical Areas: 1. Less than completely and opaquely covered: (a) human genitals, pubic region; (b) buttock; and, (c) breast below a point immediately above the top of the areola; and, 2. Human male genitals in a discernible turgid state, even if completely and opaquely covered Advertising Copy: Copy that includes, but is not limited to information such as phone numbers, prices, announcement of sales, business hours, meeting times, individual or specific product or merchandise information, and directional information. Agriculture: The tilling of the soil, raising of crops, horticulture, viticulture, sulviculture, including all uses customarily incidental thereto but not including slaughterhouses, fertilizer yards, or plants for the reduction of animal matter, or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes. Airport: Any area which is used or is intended to be used primarily for the taking off and landing of aircraft, and any appurtenant areas which are used or intended to be used for airport buildings or facilities including open spaces, taxiways and tie-down areas, hangars, transition and clear zones, and other accessory buildings. Alley: A right-of-way, dedicated to public use, affording a secondary means of access to abutting property and not intended for general traffic circulation. Ambulatory Person: Any individual including one who uses a cane or other ambulatory support, who is physically and mentally capable, under emergency conditions, of finding a way to safety without assistance. Amendment: In reference to this ordinance, a change in the wording or substance of this ordinance, or an addition or deletion or a change in the zone district boundaries or classifications of the zoning map. Animal Hospital: Facilities for the care, treatment, and boarding of animals including facilities within the term "veterinary clinic." Antique: A product that is old or exchanged because of value derived, because of oldness as respects the present age, and not simply because same is not a new product. Appeal: An action which permits anyone to arrange for a hearing before an individual or a group other than the individual or group from whose decision the appellant seeks redress, or a first 1756760.3 FH ZO Chap 1 Definitions 3 request for action, depending on context; Chapter 2 addresses the appeal procedures available to aggrieved parties. Area of Jurisdiction: The Town of Fountain Hills as it exists now and as it is lawfully changed; plus any area allowed by Arizona Revised Statute outside of the corporate limits which permits review by the Town of Fountain Hills. Automotive Junk: Any vehicle missing one or more body parts; or is incapable of operating under its own power; or is missing any wheels; or has missing or severely shattered glass which prohibits safe operation; or has one or more flat tires for a period of seventy-two (72) or more hours. Automobile Repair: All aspects of the repair of motor vehicles including, but not limited to, lubrication, tune-up and preventive maintenance. Automobile Sales: An agency selling motor vehicles and providing services commonly associated with motor vehicle sales. Awning: An architectural projection or shelter projecting from, or supported by, the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures which are internally illuminated by fluorescent or other light sources. Ballast: The portion of a sign required to operate a fluorescent lamp. Banner: A temporary sign composed of fabric, plastic, or other pliable material on which advertising copy or graphics may be displayed. Bar or Cocktail Lounge: An establishment whose primary business is the serving of alcoholic beverages to the public for consumption on the premises. Basketball Court: A basketball court as defined by the National Federation State High School Association regulations. Basement: A space in a structure that is partly or wholly below grade. Bed and Breakfast Establishment: A dwelling in which the occupants of the dwelling provide, for compensation, the short term lodging and meals for guests, occupying not more than two (2) guest rooms, located within the same dwelling. Billboard: A permanent off-premise outdoor advertising sign erected, maintained or used for the purpose of commercial or non-commercial messages. Board of Adjustment: (See Section 1.07). 1756760.3 FH ZO Chap 1 Definitions 4 Building: Any structure used for the support, shelter, housing or enclosure of persons, animals, chattels or property of any kind, with the exception of doghouses, playhouses and similar structures. Building, Accessory: A building or structure that does not share a livable, enclosed connection to the main building, and that is subordinate to, and the use of which is customarily incidental to, that of the main building, structure, or use on the same lot or parcel. Building Area: The total areas, taken on a horizontal plane at the mean grade level, of the principal buildings and all accessory buildings, exclusive of uncovered porches, terraces and steps. Building, Attached: A building which has at least part of a wall in common with another building, or which is connected to another building by a roof. Building, Detached: A building, which is separated from another building or buildings on the same lot. Building, Footprint: The area of the primary structure measured from the outside walls (excluding any overhanging portions) which includes indoor uses such as attached garage, carports, utility room, laundry, etc. (including covered patios and breezeways which are an integral part of the roof structure of the structure. Building, Height Of: The vertical distance measured at any point from the natural, pre-existing grade level or proposed grade, whichever is lower, to the highest point of the structure. If the structure is located in a platted subdivision where grading was done as a part of the subdivision’s improvements, the building height shall be the vertical distance measured at any point from the finished grade as shown on the subdivision grading plans or the natural, pre-subdivision grade, whichever is lower, to the highest point of the structure. If the structure has a basement, where the basement floor pad grade is lower than the preexisting grade and where all exterior walls to the basement are completely back-filled to the pre-existing grade and no ingress or egress is proposed directly from the basement to the exterior of the building, building height shall be measured at any point along the pre-existing grade to the highest point of the structure above that point. If the structure is proposed as a walk-out, where the walk-out or lower floor pad grade is lower than the pre-existing grade and where ingress and egress is proposed on only one side of the walk-out floor and where the other non-walk-out sides of the walk-out floor are completely back-filled to the pre-existing grade and no ingress or egress is proposed directly from the non-walk-out sides of the walk-out floor to the exterior of the building, building height above the walk-out level shall be measured at any point along the pre-existing grade to the highest point of the structure above that point. In the event that terrain problems prevent an accurate determination of height, the Zoning Administrator shall rule as to height and appeal from that decision shall be to the Board of Adjustment. Building, Principal: A building, or buildings, in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main building of the lot on which the same is situated. 1756760.3 FH ZO Chap 1 Definitions 5 Building Footprint: The area of the primary structure measured from the outside walls (excluding any overhanging portions) which includes indoor uses such as attached garage, carports, utility room, laundry, etc. (including covered patios and breezeways which are an integral part of the roof structure of the structure. Building Frontage: The linear measurement of an exterior building wall or structure that faces the public roadway. Building Permit: A permit required for erection, construction, modification, addition to or moving of any building, structure or use in the incorporated area of the Town of Fountain Hills as more fully defined in Section 417 of the Uniform Building Code adopted by the Town Council. Building Setback: The minimum distance as prescribed by this ordinance between any property line and the closest point of the foundation or any supporting post or pillar of any building or structure related thereto. (See: Yard, front, side and rear). Business Area: An area designated by the Zoning Administrator as containing a concentrated group of businesses. Business Block: A portion of a business area consisting of at least three lots, bounded on all sides by a public right-of-way, alleyway or an adjacent property line. Campground: Any lot, parcel, or tract of land used, designed, maintained, and intended for rent of plots or sites to accommodate temporary camping by the traveling public with or without sanitary facilities and water, whether or not a charge is made for the use of the park and its facilities. Carport: A roof supported by pillars or cantilevers, which shelters a car or other vehicle. May either extend from a structure (usually a house) or be constructed separately (often to accommodate several cars). Cemetery: Land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbaria, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises. Channel Letter: Individual letters constructed to be applied singly in the formation of a Building Mounted Sign or a Freestanding Sign. Channel letters may be illuminated or non-illuminated. Church: A permanently located building commonly used for religious worship fully enclosed with walls, but including windows and doors, and having a structurally solid and sound roof. Clearing: The removal and disposal of all obstructions such as fences, walls, foundations, buildings and existing structures, and accumulations of rubbish of whatever nature. Also, the substantial removal of trees, also the substantial removal of trees, shrubs, cacti, and other indigenous vegetation, but not including grass and weeds considered to be a potential fire hazard. 1756760.3 FH ZO Chap 1 Definitions 6 Clinic: A place for the provision of group medical services, not involving overnight housing of patients. Clubhouse: A building, located on a golf course with nine (9) or more holes, that contains one or more of the following facilities: pro shop for the retailing of clothing and golf accessories; the golf course's own cart rental and maintenance facility (does not include the golf cart sales and the maintenance of golf carts not owned by the golf course); restaurant with or without alcoholic beverage service; and the golf course's administrative office. Cluster Housing: Houses built close together with little yard space and a large common area, rather than each house having a large separate yard. Commission: The Town of Fountain Hills Planning and Zoning Commission. (See Section 1.06). Common Open Space: Open space usable by all the people within a certain development and such area is owned by all the property owners in that development. Community Corrections Facility: A facility, which provides lodging and meals and, primarily, counseling, treatment, and rehabilitation to adjudicated delinquents, parolees, and individuals in pre-release (transitional) or diversionary programs from correction institutions. Community Development Director: The person appointed by the Town Manager to be the Community Development Director. If there is no such person designated by the Town Manager, the Town Manager is the Community Development Director (Same as Development Services Director). Comprehensive Sign Plan: Comprehensive Sign Plans are required in all commercial zoning districts for multi-tenanted buildings or shopping centers. The Comprehensive Sign Plan shall be reviewed and approved by the Zoning Administrator or designee and conform to the sign regulations contained in Chapter 6 of this Ordinance. A “multi-tenanted building” is a building complex or center that contains any number of businesses, greater than one, that share the same site, use common points of ingress, and egress to and from the site. Condominium: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Contiguous: In actual contact. Convalescent Home: (Same as nursing home). Copy: The text, graphics or message of a sign. Corral: A pen or enclosure for confining animals. Council: Town Council of the Town of Fountain Hills, Arizona. 1756760.3 FH ZO Chap 1 Definitions 7 County: Maricopa County, Arizona. Day Care Center: A residential facility in which care for non-residents is provided for periods of less than twenty-four hours per day, for more than five (5) people. Density: The average number of families, persons or housing units per unit of land; usually density is expressed "per acre." Thus, the density of a development of 300 units occupying 4 0 acres is 7.5 units per acre. The control of density is one of the basic purposes of zoning. Development Services Director: The person appointed by the Town Manager to be the chief land-use official for the Town. If there is no such person designated by the Town Manager, the Town Manager is the Development Services Director. Direct Illumination: An externally mounted light source that is used for illuminating a sign; also referred to as “exterior illumination.” Disturbance: Clearing, grubbing, excavation and/or filling. Drive-in Restaurant: Any establishment where food or beverages are dispensed and may be consumed on the premises, but outside a closed building. Drive-in Theater: An open-air theater where the performance is viewed by all, or part, of the audience from motor vehicles. Dwelling: A building or portion thereof, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for residential purposes, including single-family and multiple-family dwellings; but not including hotels, motels, boarding and lodging houses, fraternity and sorority houses, rest homes and nursing homes, or child care nurseries. Dwelling, Multiple-Family: A building, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for occupancy by or occupied by two (2) or more families living independently of each other. Such building(s) shall have a connection, which is comprised, of a full ground to roof wall and a roof structure of not less than eight (8) feet in depth. Dwelling, Single-Family: A detached building, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for occupancy by or occupied by one (1) family for residential purposes. Dwelling, Two-Family: A building, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for occupancy by or occupied by two (2) families living independently of each other. Such building(s) shall have a connection, which is comprised, of a full ground to roof wall and a roof structure of not less than eight (8) feet in depth. 1756760.3 FH ZO Chap 1 Definitions 8 Dwelling Unit: A building or portion thereof having restricted access to one kitchen or area convertible to kitchen activities, built in accordance to the building code adopted in the Town, or if built prior to incorporation, adopted by Maricopa County, designed exclusively for residential purposes, including single-family and multi-family dwellings; but not including hotels, motels, boarding and lodging houses, fraternity and sorority houses, rest homes and nursing homes, or child care nurseries. Easement: A specified area on a lot or parcel of land reserved or used for the location of and/or access to, utilities, drainage or other physical access purposes, or for preservation of undisturbed terrain for the benefit of the general public. Elderly: A person who is sixty-five- (65) years of age or older. Erect: The word "erect" includes build, build upon, add to, alter, construct, reconstruct, move upon, or any physical operations on the land, required for a building. Excavation: The removal of earthen material, resulting in a lowering of the grade at the location. Family: An individual, or two (2) or more persons related by blood or marriage, or a group of persons not related by blood or marriage, living together as a single housekeeping group in a dwelling unit. Farm: An area of not less than two (2) contiguous acres which is used for the commercial production of farm crops such as vegetables, fruit trees, cotton, grain and other crops, and their storage on the area, as well as the raising thereon of farm poultry and farm animals, such as horses, cattle, and sheep for commercial purposes. The term "farm" includes the operating of such an area for one (1) or more of the above uses, including dairy farms, with the necessary accessory uses for treating or storing the produce, provided that the operation of any such accessory use is secondary to that of the farm activities, and provided further that the farm activities do not include commercial feeding or offal to swine or other animals. Fence: Any device built to enclose a parcel of land, to separate two (2) parcels of land, or to separate a parcel of land into different use areas. Filling: The dumping or depositing of earthen material resulting in the raising of the grade at that location. Flag: A fabric sheet of square or rectangular or triangular shape which is mounted on a pole. This includes the United States, State, flags for registered corporations and other registered entities, flags or foreign nations, decorative flags, and flags supporting activities of the Fountain Hills Unified School District. Floor Area: The gross square footage of a building. When considering minimum off-street parking area, floor area may also include the open land needed for service to the public as customers, patrons, clients, or patients, including area occupied by fixtures and equipment used for display or sale of merchandise. 1756760.3 FH ZO Chap 1 Definitions 9 Fractional Ownership Interest: A contractual right of occupancy in a Fractional Ownership Project, whether by membership, agreement, share, tenancy in common, sale, deed, license, right-to-use agreement or otherwise, where such right is divided into eleven (11) or more undivided interests, whether or not such interest is coupled with an estate in real property, where a purchaser, in exchange for consideration, receives a right to use a portion of a Fractional ownership Project for a period of time less than six months during any given year. Fractional Ownership Interest shall include interests otherwise known as “Interval Ownership” or “Time Share Ownership.” Fractional Ownership Project: A project consisting of any dwelling unit, hotel, lot or parcel in which a purchaser receives a Fractional Ownership Interest. Front Lit Letter: An internally illuminated individual letter or graphic component of a sign that has a translucent face. Garage, Private: A building or portion thereof, used for the shelter or storage of self-propelled vehicles, or owned or operated by the occupants of a main building where there is no service or storage for compensation. Garage, Public: Any building, except one herein defined as a "private garage" used for the storage of self-propelled vehicles or where any such vehicles are equipped for operation or kept for hire. Grade: The elevation of the land. Grade, Finished: Final elevation of the ground surface conforming to the approved grading plans. Grade, Natural: Elevation of the natural or undisturbed ground surface prior to any grading operation. If "natural grade" can no longer be determined, then the grade elevation existing on September 20, 1991, as shown on the Town's topographical maps of that date, shall be used in lieu thereof. If a parcel of land is not shown on the September 20, 1991 topographical maps, "natural grade" shall be as shown on a topographical map that has been both prepared after September 20, 1991 and that is acceptable to the Town Engineer. Grading: The process of changing gradients of land by contouring, smoothing or otherwise shaping land areas, by excavating, filling, or combination thereof. Group Home for the Handicapped and Adult Care: A dwelling shared by handicapped and/or elderly people as their primary residence and their resident staff, who live together as a single housekeeping unit, sharing responsibilities, meals, and recreation. The staff provides care for the residents. A Group Home for the Handicapped and Adult Care does not include nursing homes, alcohol or other drug treatment centers, community correction facilities, shelter care facilities, or homes for the developmentally disabled as regulated by the Arizona Revised Statutes Section 36-582. Grubbing: The elimination of roots from the ground by digging or pulling. 1756760.3 FH ZO Chap 1 Definitions 10 Guest: Any transient person who rents or occupies a room or structure for sleeping purposes. Guest House: Living or sleeping quarters within an accessory building for the sole use of occupants of the premises, guests of such occupants or persons employed on the premises. The accessory building may be attached to or detached from the main building. Such quarters shall not be rented, and/or otherwise used for income producing purposes. Guest Ranch: A building or group of buildings containing two (2) or more guest rooms, other than a boarding house, hotel, or motel, and including outdoor recreational facilities such as, but not limited to, horseback riding, swimming, tennis courts, shuffleboard courts, barbecue and picnic facilities, and dining facilities intended for the use primarily by guests of the guest ranch, but not including bars and restaurants which cater primarily to other than guests of the guest ranch. Guest Room: A room designed for occupancy by one (1) or more guests for sleeping purposes, but having no cooking facilities and not including dormitories. Halo Illumination: Sign lighting constructed for wall or freestanding signs that is designed so that the light for the entire sign, or the light for each individual component of the sign, is directed against the surface behind the sign or sign component, producing a halo effect. Handicapped: A person who: (aA) has a physical or mental impairment which substantially limits one or more of such person's major life's activities so that such person is incapable of living independently; (bB) has a record of having such an impairment; or (cC) is regarded as having such an impairment. However, "handicapped" does not include current, illegal use of or addiction to a controlled substance as defined in the Controlled Substance Act (21 United States Code 802). Hazardous Materials: Any substance characterized as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, highly toxic materials, poisonous gases, reactive materials, unstable materials, hypergolic materials and pyrophoric materials and any substance or mixture of substances which is an irritant, a strong sensitizer or which generates pressure through exposure to heat, decomposition or other means. Holiday Window Decorations: The decorative display of holiday themed decorations or window painting. Home Day Care Center: A residential facility in which care for non-residents is provided for periods of less than twenty-four hours per day, for five or less people. Home Occupation: Any occupation or profession which is incidental and subordinate to the use of the dwelling unit for dwelling purposes and which: (A) does not change the character thereof, and in connection with which there are no employees other than members of the immediate family residing in the dwelling unit. A home occupation may; (B) does not generate traffic as a result of patronage and/or shipping and receiving of materials beyond five (5) trips aper day. Shipping; and (C) has shipping and receiving shallto and from such occupation only be by a vehicle customarily used for residential delivery purposes. 1756760.3 FH ZO Chap 1 Definitions 11 Hospital: A place for the treatment or care of human ailments, where overnight lodging for patients is provided, other than nursing homes. Hotel: A building or group of buildings, other than a motel, boarding house or lodging house, containing individual guest rooms, suites of guest rooms, and dwelling units, and which furnishes services customarily provided by hotels. Individual: Any private individual, tenant, lessee, owner or any commercial entity including, but not limited to, companies, partnerships, joint ventures or corporations. Junk: Any old or scrap metal, rope, rags, batteries, paper, trash, wood, glass, plastic and/or rubber debris, waste, or junked dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. Junkyard: Any land or building used for the abandonment, storage, keeping, collecting, or baling of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in running condition, or machinery, or parts thereof. Kennel: Any premises where more than four (4) dogs or cats are bred, boarded, and/or trained. Having one litter up to six (6) weeks of age is not considered to be a kennel. Kitchen: Any room in a building or dwelling unit, which that is used or intended to be used for cooking or the preparation of food. Landscaping: An area which has been improved through the harmonious combination and introduction of trees, shrubs, and ground cover, and which may contain natural topping material such as boulders, rock, stone, granite or other approved material. The area shall be voiddevoid of any asphaltic or concrete pavement except for pedestrian walkways. A. "Fully-abutting" areas are those landscaped or revegetated areas, such as a disturbed area that is proposed to look as if no disturbance activity has occurred, where natural undisturbed areas abut one or both sides of a revegetated area. B. "Partially-abutting" areas are those landscaped or revegetated areas, such as a disturbed area that is proposed to look as if no disturbance activity has occurred, where natural undisturbed areas abut one side of a revegetated area. C. "Non-abutting" areas are those landscaped or revegetated areas that are not intended to fully resemble the preexisting natural undisturbed landscaping of the site. Laundry, Self Service: A building within which clothes washing and drying machines, and clothes dry-cleaning machines, either coin operated or attendant operated, are provided on a rental basis for use by individuals for doing their own laundry or dry cleaning. Self-service laundry does not include outdoor drying facilities. 1756760.3 FH ZO Chap 1 Definitions 12 Letter Face: The exterior side of an individual letter or individual graphic element. Logo: A graphic design representing a product, identity or service. Lot: A single piece of property located in a recorded subdivision, having frontage on publicly dedicated and accepted street or an approved private road, which is described and denoted as such. Lot Area: The total horizontal area within the lot lines of a lot. Lot, Corner: A lot, which has an interior angle of one hundred thirty-five (135) degrees or less at the intersection of two (2) street lines. A lot abutting upon a curved street is considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of one hundred thirty-five (135) degrees or less. Lot, Interior: A lot other than a corner lot. Lot, Key: A lot adjacent to a corner lot having its side lot line in common the rear lot line of the corner lot and fronting on the street which forms the side boundary of the corner lot. Lot, Through: A lot, which has street right-of-way frontage on two non-adjoining sides. Lot Area: The total horizontal area within the lot lines of a lot. Lot Coverage: That portion of a lot or building site, which is occupied by any building or other covered structure, excepting paved areas, walks and swimming pools. Lot Depth: The horizontal length of a straight line connecting the midpoints of the front and rear lot lines. Lot Frontage: The horizontal length of the front lot line. Lot, Interior: A lot other than a corner lot. Lot, Key: A lot adjacent to a corner lot having its side lot line in common the rear lot line of the corner lot and fronting on the street which forms the side boundary of the corner lot. Lot Line: The line bounding a lot. Lot Line, Front: In the case of an interior lot, a line separating the lot from the street right-of-way. In the case of a corner lot, the narrower of the two lot lines adjoining a street right-of-way. Lot Line, Rear: A lot line, which is opposite and most distant from the front lot line. In the case of a lot having five (5) or more sides, the rear lot line shall be any lot line, other than the front lot line, which intersects a side or a street side lot line at any angle less than one hundred thirty-five (135) degrees. 1756760.3 FH ZO Chap 1 Definitions 13 Lot Line, Side: Those lot lines other than a street side lot line that connects the front and rear lot lines. Lot Line, Street Side: That lot line or lines on a corner lot adjoining a street right-of-way that connects the front lot line to a rear lot line. Lot, Through: A lot, which has street right-of-way frontage on two non-adjoining sides. Lot Width: For rectangular lots, lots having side lot lines not parallel, and lots on the outside of the curve of a street, the distance between side lot lines measured at the required minimum front yard line on a line parallel to the street or street chord; and for lots on the inside of the cu rve of a street, the distance between side lot lines measured thirty (30) feet behind the required minimum front yard line on a line parallel to the street or street chord. Mansard Roof: A roof style composed of a combination of a steep semi-vertical plane connected to a flatter plane. Manufacturing: The fabricating or assembling of materials into finished or partially finished products by hand or by the use of machinery. Massage Establishment: Any establishment having its place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any massage activities defined as any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. Master-Planned Village Sales and Information Center: A facility that meets the adopted version of the Uniform Building Code of the Town of Fountain Hills, that is used as an information/sales facility by the developer of a master-planned village. Master-Planned Village: A development containing over 200 contiguous acres contained in a master subdivision plat by a single developer. Mobile Home: A structure transportable in one or more sections, including the plumbing, heating, air conditioning and electrical systems contained in such structure which meets the standards specified in the National Manufactured Housing and Safety Standards Act of 1976, as amended, which erected on site meets all of the following criteria: (aA) eight (8) body feet or more in width; (bB) Thirty-two (32) body feet or more in length; (cC) built on a permanent chassis; and (dD) designated to be used as a portable home with or without a permanent foundation, and shall be classified as a mobile home whether or not its wheels, rollers, skids or other rolling equipment have been removed. For purposes of these regulations, mobile homes are a special form of single-family detached dwellings and are subject to such special regulations as are set forth herein and shall not be considered a modular or factory built building as defined in this section. Mobile Home Park: Any lot, parcel or tract of land, designed, maintained, used and intended for rent or lease of individual lots or sites to accommodate one or more mobile homes, including all buildings, structures, vehicles, accessory buildings, and appurtenances to be used or intended as 1756760.3 FH ZO Chap 1 Definitions 14 equipment as a trailer court park, whether or not a charge is made for the use of the site or the use of its facilities. A mobile home park does not include lots upon which unoccupied mobile homes or unoccupied travel or commercial trailers are parked for display, inspection, and sale. Mobile Home Subdivision: A subdivision designed for residential use where the residences are mobile homes and structures conforming to the adopted building codes of the Town. Mobile Structure: A movable or portable structure thirty-two (32) feet or more in length and eight (8) feet or more in width, constructed to be towed on its own chassis and designed so as to be installed with or without a permanent foundation for occupancy classification as an office, retail store, airport hangar, classroom, or any other occupancy classification. It may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or two (2) or more units separately towable, which can be joined to form a single unit. The removal of the wheels and running gear shall not change the meaning of this term. Mobile Home Subdivision: A subdivision designed for residential use where the residences are mobile homes and structures conforming to the adopted building codes of the Town. Modular or Factory -Built Buildings: A building complying with the adopted building codes of the Town which is manufactured, constructed, or fabricated off-site and capable of being towed to a permanent site to be installed on a permanent foundation. Does not include a mobile home. Such a structure must be certified by the Office of Manufactured Housing of the State of Arizona. Motel: A building or group of buildings containing guest rooms or apartments each of which maintains a separate entrance, used primarily for the accommodation of motorists, and providing automobile parking space on the premises. Native Vegetation: Indigenous plant materials of the Sonoran Desert. Natural: The condition of the land, vegetation, rocks, and other surface features, which have not been, physically disturbed, changed or added to by any action of man or machine. Nonconforming Structure: A structure which was lawfully erected prior to the adoption of this ordinance but which, under this ordinance, does not conform with the standards of coverage, yard spaces, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located. Nonconforming Use: The use of a structure or land which was lawfully established and maintained prior to the adoption of this ordinance but which, under this ordinance, does not conform to the use regulations for the district in which it is located. Nuisance: Anything, condition or use of property, which endangers life or health, gives offense to the senses, and/or obstructs the reasonable and comfortable use of other property. Nursing Home: A structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and in which surgery is not performed and primary treatment, such as customarily is 1756760.3 FH ZO Chap 1 Definitions 15 given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home. Nursery: A commercial operation for the growth and sale of plants, storage of equipment for landscaping and the wholesale or retail sale of commercial gardening supplies. Office: A room or rooms and accessory facilities for the managing or conducting of a business. Off-Street Loading and Unloading Space: A designated off-street space located on the same site as the site for which berths are required for temporary parking of motor vehicles for active loading and unloading of merchandise or materials. Open Space: Any parcel or area of land or water unimproved or improved and set aside, dedicated, designated, or reserved for the public or private use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Overhead Transmission Line: An electrical power line that is capable of conveying sixty-nine (69) thousand or more volts of power. Pan Channel Letter: An individual letter of a sign constructed so that the sides and back of the letter are one unit. Parapet: An extension of a vertical building wall above the line of a structural roof. Park: A public or private parcel of land developed and used for passive or active recreation. Parking Area: An area designed and constructed, and used exclusively for the parking, storage and maneuvering of vehicles. Parking Shade Structures: A roofed, detached, accessory structure, which may be lighted, with four (4) open sides, designated or used exclusivel y for the parking and sheltering of operable motor vehicles. Parking Space: A permanently surfaced area, enclosed or unenclosed, of not less than nine (9) feet in width, and nineteen (19) feet in depth, together with a driveway connecting the parking space with a street and permitting ingress and egress of the automobile, (See Chapter 7). Pennant: Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in a series and designed to move in the wind. Pennants must not exceed 12 inches in any direction. Planned Unit Development: A development of five (5) or more acres in size, in which flexibility can be permitted in lot size, lot width, lot coverage, and setbacks, in order to encourage more creative and imaginary design, thereby preserving natural features, protecting environmentally-sensitive areas and/or providing usable open spaces within the development. 1756760.3 FH ZO Chap 1 Definitions 16 Planning and Zoning Commission: The Town of Fountain Hills Planning and Zoning Commission. Professional Office: Any building, structure, or portion thereof, used or intended to be used as an office for a lawyer, architect, engineer, surveyor, planner, optometrist, accountant, doctor, dentist, or other similar professions. Public Building: Facilities for conducting public business occupied by various public agencies. This includes all federal, state, county, and town offices and buildings. Public Hearing: A hearing held to receive public testimony as required by law. Public Meeting: A meeting held in conformance to the Arizona Open Meeting Law as contained in A.R.S. § 38-431 et. seq. Public Utility: Private or public facilities for distribution of various services, such as water, power, gas, communication, etc., to the public. Recreation Facilities: Includes buildings, structures or areas built or developed for purposes of entertaining, exercising or observing various activities participated in either actively or passively by individuals or organized groups. Recreational Vehicle: A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. This includes motor homes, self-contained travel trailers, and campers. Recreational Vehicle Park: Facilities for the temporary storage, parking and maneuvering of recreational vehicles (motor homes, travel trailers, campers, etc.) with adequate roads and stall sites, including sanitary and water facilities. Site locations are provided on a day-to-day basis. Does not constitute a mobile home park and may not allow mobile homes. Restaurant: An establishment whose primary business is the serving of food to the public. Retail Store: A commercial business for selling goods, services, wares or merchandise directly to the customer, but not including a professional office. Retaining Wall: A wall or terraced combination of walls used to retain earth, but not directly supporting the wall of a building, including stacked rock and imbedded boulder walls. Revegetation: The replacement of indigenous living plant materials on areas where the natural vegetation has been removed. The areas include disturbed natural areas and man-made cut and fill slopes. Reverse Pan Channel Letter: An individual letter of a sign constructed of an opaque material so that the sides and front of the letter are one unit. 1756760.3 FH ZO Chap 1 Definitions 17 Riprap Material: Material that is a loosely composed layer of rocks and stones used to hinder the flow of water, thereby preventing erosion. Right-of-Way (ROW): Includes any public or private right-of-way and includes any area required for public use pursuant to any official plan. Satellite Dish Antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based stations. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, television reception-only (TVRO's), and satellite microwave antennas. School, Elementary, Junior High, High School, College, or Junior College: Public and other non-profit institutions conducting regular academic instruction at kindergarten, elementary, secondary, and tertiary levels. Such institutions shall offer general academic instructions equivalent to the standards prescribed by the State Board of Education or the State Board of Regents. School, Nursery: A school or the use of a site or a portion of a site for an organized program devoted to the education or day care of five (5) or more children of elementary s chool age or younger, other than those residents on the site. This includes day care centers. School, Private or Parochial: An institution conducting regular academic instruction at kindergarten, elementary, secondary, and tertiary levels operated by a nongovernmental organization. School, Trade: Schools offering instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technician schools and similar commercial establishments operated by a nongovernmental organization. Service Station: An occupancy engaged in the retail sales of gasoline, oil, tires, batteries, and new accessories and which provides for the servicing of motor vehicles and operations incidental thereto, including: automobile washing, waxing and polishing, tire changing and repairing, but not including recapping. May also include battery service, radiator cleaning, flushing and repair, installation of minor accessories, lubrication of motor vehicles, rental of utility trailers, testing, adjustment and replacement of motor parts and accessories. Shelter Care: Short term residential care facilities providing lodging on a temporary basis, meals and counseling to individuals and groups such as, but not limited to, the homeless, pregnant teenagers, victims of domestic violence, neglected children, and runaways. Shopping Center: A group of retail stores or professional offices planned and designed for the site on which it is built, functioning as a unit, with off-street parking, landscaped areas and pedestrian malls or plazas provided on the property as an integral part of the unit. 1756760.3 FH ZO Chap 1 Definitions 18 Sign: Any Any visual element, or combination of elements, including words or symbols, designed or placed to attract attention or convey information, including any device providing identification, advertising or directional information for a specific business, service, product, person, organization, place, or building. Included in this definition, as signs are graphic devices such as logos and attention-attracting items such as banners or logo sculpturesGraphic devices such as logos, obtrusive colored facia or architectural elements, banners, balloons, streamers, inflatable structures, exterior merchandise displays, projected picture signs, holographic projection signs and other attention attracting media and devices. Sign, Abandoned: A sign that is no longer associated with the location, product or activity conducted on the premises on which the sign is located. Sign, Advertising: A sign which includes any copy and/or graphics relating to any business, service, product, person, organization, place, or building in addition to simple identification, excluding directional information. Sign, A-Frame: A temporary sign normally supported by its own frame in a manner that usually forms an “A” when in use; also referred to as a “sandwich” or “tent” sign. Sign, Animated: A sign with actual motion, including light changes or color changes, or the illusion of motion. Sign, Awning: A sign displayed on, or attached flat against, the surface or surfaces of an awning or any other surface attached to a building that provides shelter. Sign, Bench: A sign painted on or affixed to a bench. Sign, Building Mounted: Any sign mounted onto the vertical surface of a building; see also Wall Sign. Sign, Cabinet: A frame constructed to hold internal components and covered by a face to hold the advertising sign. Sign, Canopy: See definition of Awning Sign. Sign, Changeable Copy: A sign constructed to hold individual letters or individual text sections that are mounted in or on a track system. Changeable Copy Signs are usually used as Directory Signs. Sign, Directional: A sign that does not contain either identification or advertising copy, but does contain other helpful information, including assisting in, supplying pertinent directional information for the purpose of promoting safety and the flow of vehicular or pedestrian traffic. See Chapter 6 for an example. *8 1756760.3 FH ZO Chap 1 Definitions 19 Sign, Directory: A sign listing the names and/or uses, and/or locations of the various tenants or activities within a building, or in a multi-tenant development, but not for the purpose of advertising products, goods, or servicesor group of buildings. Directory Signs may be constructed as Changeable Copy Signs. Sign, Fascia: A sign, which that is permanently affixed to the horizontal member or surface at the edge of a projecting roof. See chapter 6 for an example. Example Fascia Sign Sign, Flashing: A sign with an intermittent, repetitive or flashing light source. Sign, Freestanding: A sign, which that has its own supporting structure independent of the building or business it identifies, or any product or service provided. Sign, Fuel Price: A sign displaying the price(s) of fuel at a service station. Sign, Ground Mounted: A Freestanding Sign with no visible base. Sign, Identification: A sign, which that contains only the name of the business, person, organization, place, service, product, or building at that location. Sign, Ideological: A sign, which that expresses, conveys, or advocates a non-commercial message. Sign, Illuminated: A sign, whichthat is lighted, either externally or internally. Sign, Internally Illuminated: A sign constructed with a light source behind the face of the sign. 1756760.3 FH ZO Chap 1 Definitions 20 Sign, Mansard & Parapet: A sign permanently affixed to a wall or surface not more than 20 degrees from vertical at the upper edge of a building and running parallel with the mansard roof line or parapet upon which the sign is attached. For an example, see Chapter 6.Any sign proposed for a building with a Mansard Roof shall have the top of the sign mounted no higher than the lowest point of any portion of the roofline. Sign, Menu Board: A changeable sign displayingorientated to the bill of fare of a drive-in ordrive-through lane for a business that advertises the menu items or services available from the drive-through restaurant. window. Sign, Mobile: See Portable Sign. Sign, Monument: A Ground Mounted Freestanding Sign identifying a subdivision or multiple-occupancy development such as a shopping center, officer building or planned industrial park, which has multiple suites, offices or tenants. A Monument Sign shall be a part of the signage regulated by a Comprehensive Sign Plan. Example Monument Sign Sign, Multi-Tenant Building Identification: A sign for a building complex or center that contains any number of businesses, greater than one, that share the same site and use common points of ingress and egress to and from the site. Mansard Roof 1756760.3 FH ZO Chap 1 Definitions 21 Sign, Neon: Any sign that uses neon, argon or any similar gas to illuminate transparent or translucent tubing or other materials, or any use of neon, argon or any similar gas lighting on or near the exterior of a building or window. Sign, Off-Premise Directional: A portable sign containing directional information to a destination within the Towns'Town’s municipal boundary, which may only be located in specified areas of Town road rights-of-way during specified times. Sign, Open House Directional: A temporary sign with directional arrow, directing pedestrian or vehicular travel to the property or premise for sale, lease or rent. Sign, Parapet: A sign mounted to the face of a building parapet. Sign, Pole Mounted: A Freestanding Sign constructed with a support structure that is more than 10% of the height of the total sign and less than 90% of the width of the sign. The sign support structure shall be included in the sign area computation. Sign, Political: A sign whichthat identifies a person, expresses a position;, conveys a message concerning, or advocates a position on, the candidacy of a person, party, or issue on an upcoming ballot. Sign, Portable: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of persons or wheels; signs converted to A-frames; menu and sandwich board signs; balloons used as signs; umbrellas for advertising; and signs attached to or painted on vehicles. Example of Portable Sign Sign, Projecting: A sign that extends from a building wall over a property line or right-of-way line. Sign, Pylon: See Pole Sign. Sign, Real Estate: A sign, attached to the site, advertising the sale, lease or rental of the property or premises on which it is located. Sign, Roof: 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 mansardvertical portion of a Mansard Roof shall be considered the roofline. The top of the facia of a hipped 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. 1756760.3 FH ZO Chap 1 Definitions 22 Sign, Sandwich: A portable sign; one, which is not permanently affixed to a structure or permanently ground-mounted. For an example, see Chapter 6. Sign, Shared Monument: A monument sign displaying (A) the names of participating business within a sign district or (B) the names of businesses on property owned by the holder(s) of a shared monument sign permit. Sign, Temporary: A sign intended to display either commercial or non-commercial messages of a transitory or temporary nature. Portable signs, any sign not permanently embedded in the ground, or signs affixed to a building, wall, fence, or sign structure for a non -permanent time period, are considered temporary signs. A banner, pennant, poster, balloon, construction sign, political sign or an A-frame sign shall be considered a temporary sign. Sign, Tent: A temporary sign normally supported by its own frame in a manner that usually forms an “A” when in use; also referred to as a “sandwich” or “A-frame” sign. Sign, Under-Canopy: A sign attached to the underside of a canopy, marquee, cantilevered roof or eave or any other surface having an angle plus or minus fifteen (15) degrees from perpendicular to a horizontal overhead structure. Sign, Wall: A sign which is fastened to any vertical portion of a building; see also Building Mounted Sign. Sign, Wall-Mounted: A sign, which is fastened to any vertical portion of a building. Sign, Window: Any poster, cut-out letters, painted text or graphics, or other text or visual presentation affixed to, or placedsign, pictures, symbols or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is affixed to, or located within any area six (6) feet behind a window pane, and is placedpositioned to be read from the exterior of a building. Sign District: A group of businesses within a business block, organized for the purpose of designing and installing no more than two shared monument signs to be located within the business block. Sign District Agreement: An agreement between prospective sign district members and the business block property owner(s) in which the shared monument sign will be erected, containing the name of each business and its owner(s) and the business address and telephone number, and evidencing that the sign district members have agreed to the following: A. The placement of the shared monument sign within the business block; B. A shared monument sign meeting the requirements of subsection 6.08(BB); C. The individual business owners’ and property owner’s respective responsibilities for maintenance, removal and alteration of the shared monument sign; and 1756760.3 FH ZO Chap 1 Definitions 23 D. The individual business owners’ and property owner’s responsibilities in the event that the sign district is dissolved. Sign District Members: Business owners within a sign district. Sign Face: The area enclosing the copy and graphic components of a sign. Sign Walker: A person, who wears, holds or balances a sign. Significantly Altered Lot: A residential lot, upon which new construction is occurring on the lot resulting in: A. A. Greater than 50% of the lot’s yard area being disturbed; or B. B. Greater than 1,000 square feet of the lot’s yard area being disturbed. Specified Anatomical Areas: Either of the following: A. Less than completely and opaquely covered: (1) human genitals, pubic region; (2) buttock; and (3) breast below a point immediately above the top of the areola. B. Human male genitals in a discernible turgid state, even if completely and opaquely covered. Specified Sexual Activities: A. Human genitals in a state of sexual stimulation or arousal. B. Acts of human masturbation, sexual intercourse, or sodomy. C. Fondling or other erotic touching of human genitals, pubic region, buttocks, or breasts. Stable: A detached accessory structure including, but not limited to, a corral or paddock for the keeping of one or more horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale. Stable, Commercial: A structure including, but not limited to, a corral or paddock for the keeping of horses for remuneration, hire or sale. Store: A building where manufactured or ready-made items can be purchased. Story: That portion of a building included between the surface of any floor and the finished ceiling next above it or the finished undersurface of the roof directly over the particular floor. 1756760.3 FH ZO Chap 1 Definitions 24 Street: A right-of-way dedicated and accepted by the Town of Fountain Hills, for public uses, whichthat provides the principal vehicular and pedestrian access to adjacent properties. Street, Private: A street held or controlled by an entity other than the Town of Fountain Hills. Street, Public: A street dedicated and accepted by the Town of Fountain Hills for public use. Street Line: The boundary line between street right-of-way and abutting property. Street, Public: A right-of-way, dedicated to and accepted by the Town of Fountain Hills, for public uses, which provides the principal vehicular and pedestrian access to adjacent properties. Structure: Anything constructed or erected which requires a fixed location on the ground, including a building or mobile home, but not including a fence or wall used as a fence. Structural Alteration: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or exterior walls. Subdivision: Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four (4) or more lots, tracts or parcels of land, or, if a new street is involved, any such property which is divided into two (2) or more lots, tracts or parcels of land, or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two (2) parts. "Subdivision" also includes any condominium, cooperative, community apartment, townhouse or similar project containing four (4) or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided. "Subdivision" does not include the following: A. The sale or exchange of parcels of land to or between adjoining property owners if such sale or exchange does not create additional lots. B. The partitioning of land in accordance with other statutes regulating the partitioning of land held in common ownership. C. The leasing of apartments, offices, stores or similar space within a building or trailer park, nor to mineral, oil or gas leases. Supervisory Care Home: A residential care institution, which provides only supervisory care services to no more than four (4) ambulatory persons unrelated to the owner of such a home. Swale: A low flat depression to drain off excess water. Swimming Pool: Any permanent structure, containing or intended to contain water eighteen (18) inches or more in depth and/or eight (8) feet or more in width at any point. 1756760.3 FH ZO Chap 1 Definitions 25 Temporary Vehicle Storage Facility: Any land or building used for the temporary storage of abandoned, wrecked or legally impounded automobiles, boats, or other vehicles regardless of running condition. Such a facility is not a facility where dismantling of any vehicle, the storage of any vehicle parts, the retailing or wholesaling of any vehicle or vehicle parts may take place. Town Council: The Mayor and Common Council of the Town of Fountain Hills. Transmission Line, Overhead: An electrical power line, which is capable of conveying sixty-nine (69) thousand or more volts of power. Travel Trailer: A portable structure without motive power, with wheels built on a chassis, designed as a temporary dwelling for travel, recreation, and vacation purposes, having a body width not exceeding eight (8) feet and a body length not exceeding thirty-two (32) feet. Treatment Center: Facilities providing lodging and meals and, primarily, treatment, training or education as a part of an alcoholism or drug addiction program. Use: The purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered or enlarged or for which either a site or structure is or may be occupied and maintained. Use, Accessory: A use which is incidental, related, appropriate, and clearly subordinate to the lot or building, and which does not alter the principal use of the lot or building. Use, Permitted: A use which is listed as a "permitted use" in any given zone district. Such use shall be allowed to be established within that zone district, subject to the specific requirements of this ordinance. Use, Prohibited: Any use not specifically permitted or permitted by a special use permit is prohibited. Use, Special: A use, which is listed as a "special use" in any given zoning district. Such use shall require a "special use permit" in order to be established within that zoning district, and shall be subject to all conditions and requirements imposed by the Town Council in connection with the special use permit. Use, Temporary: A use, which is listed as a "temporary use" in any given zoning district. Such use shall require a "temporary use permit" in order to be established within that zoning district and shall be subject to all conditions and requirements imposed by the staff or Town Council, whichever issues the permit. Usable Open Space: Space, which can be enjoyed by people. This could include landscaped plazas, grass and trees, fountains, sitting areas, etc., and is meant to provide an open garden atmosphere. Meaningful open space does not include parking areas, vacant or undeveloped lots or any other space, which does not contribute to the quality of the environment. 1756760.3 FH ZO Chap 1 Definitions 26 Utility Services: Service to the public of water, sewer, gas, electricity, telephone and cable television. The foregoing shall be deemed to include attendant facilities and appurtenances to the above uses, including, without limitation, stations along pipelines, and substations along electric transmission lines; but not including public utility treatment and generating plants or offices. Variance: See Chapter 2, Section 2.06(B) herein. Wall: Any device forming a physical barrier which is so constructed that fifty (50) percent (50%) or more of the vertical surface is closed preventing the passage of light, air and vision through said surface. Warehouse: A building or buildings used for the storage of goods. Wholesale: The sale of goods or materials for the purposes of resale. Yard: A minimum required open area adjacent to a lot line that shall be free from any structure except as specified in the Town of Fountain Hills Zoning Ordinance. Yard, Front: A yard, the depth of which is the minimum required horizontal distance between the front line and the front yard setback line, which yard extends across the full width of the lot. For a corner lot, the front yard is the narrower of the two street side frontages. Yard, Rear: A yard, the depth of which is the minimum required horizontal distance between the rear lot line and rear-yard setback line, which yard extends across the full width of the lot, not including any portion of a required street side yard. Yard, Required: The minimum open space as specified by the regulations of this Ordinance for front, rear, side, and street side, as distinguished from any yard area in excess of the minimum required. See "Building Area". Yard, Side: A yard, the width of which is the minimum required horizontal distance between the side lot and the side-yard setback line, not including any portion of the required front yard or required rear yard. Yard, Street Side: Any yard, the depth of which is the minimum required horizontal distance between the street side lot line and the street side-yard setback line, not including any portion of the required front yard. Zone: A district classification established by this ordinance, which limits or permits various and specific uses. Zoning Administrator: The person appointed by the Town Manager to be the Zoning Administrator. If there is no such person designated by the Town Manager, the Town Manager is the Zoning Administrator. Zoning Clearance: The approval by the Community Development Director of a plan that is in conformance with The Zoning Ordinance for the Town of Fountain Hills. 1756760.3 FH ZO Chap 1 Definitions 27 Zoning District: A zone area in which the same zoning regulations apply throughout the district. Document comparison by Workshare Compare on Wednesday, September 05, 2012 2:52:55 PM Input: Document 1 ID interwovenSite://GRPHX_SQL/Phoenix/1756760/1 Description #1756760v1<Phoenix> - CODE - ZO CH 1 - Definitions Document 2 ID interwovenSite://GRPHX_SQL/Phoenix/1756760/3 Description #1756760v3<Phoenix> - CODE - ZO CH 1 - Definitions v3 (AJM 9.3.12) Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 144 Deletions 73 Moved from 22 Moved to 22 Style change 0 Format changed 0 Total changes 261 1756760.3 FH ZO Chap 1 Definitions TOWN OF FOUNTAIN HILLS ZONING DEFINITIONS 1756760.3 FH ZO Chap 1 Definitions 1 Abutting: The condition of two (2) adjoining properties having a common property line or boundary, including cases where two (2) or more lots adjoin only a corner or corners. Access or Access Way: The place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this ordinance. Acre: An area of land containing forty-three thousand five hundred sixty (43,560) square feet. Adjacent: Nearby, not distant or having a common endpoint or border. Adjoining: Touching or bounding at a point or line. Adult Oriented Facilities: Which shall include the following: A. Adult Bookstore: 1. Having as a substantial portion of its stock in trade, videos, film, books, magazines and other periodicals depicting, describing, or relating to "specified sexual activities" or which are characterized by their emphasis on matter depicting, describing or relating to "specified anatomical areas", or 2. Having as a substantial portion of its stock in trade, books, magazines and other periodicals, and which excludes all minors from the premises or a section thereof. B. Adult Live Entertainment Establishment: An establishment, which features topless female or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers. C. Adult Theater: An enclosed building or open-air drive-in theater: 1. Regularly used for presenting any film or plate negative, film or plate positive, film or tape designed to be projected on a screen for exhibition or films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen depicting, describing or relating to "specified sexual activities" or characterized by an emphasis on matter depicting, describing or relating to "specified anatomical areas"; or 2. Used for presenting any film or plate negative, film, or plate positive, film or tape designed to be projected on a screen for exhibition, or films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen and which regularly excludes minors. Advertising Copy: Copy that includes, but is not limited to information such as phone numbers, prices, announcement of sales, business hours, meeting times, individual or specific product or merchandise information, and directional information. 1756760.3 FH ZO Chap 1 Definitions 2 Agriculture: The tilling of the soil, raising of crops, horticulture, viticulture, sulviculture, including all uses customarily incidental thereto but not including slaughterhouses, fertilizer yards, or plants for the reduction of animal matter, or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes. Airport: Any area which is used or is intended to be used primarily for the taking off and landing of aircraft, and any appurtenant areas which are used or intended to be used for airport buildings or facilities including open spaces, taxiways and tie-down areas, hangars, transition and clear zones, and other accessory buildings. Alley: A right-of-way, dedicated to public use, affording a secondary means of access to abutting property and not intended for general traffic circulation. Ambulatory Person: Any individual including one who uses a cane or other ambulatory support, who is physically and mentally capable, under emergency conditions, of finding a way to safety without assistance. Amendment: In reference to this ordinance, a change in the wording or substance of this ordinance, or an addition or deletion or a change in the zone district boundaries or classifications of the zoning map. Animal Hospital: Facilities for the care, treatment, and boarding of animals including facilities within the term "veterinary clinic." Antique: A product that is old or exchanged because of value derived, because of oldness as respects the present age, and not simply because same is not a new product. Appeal: An action which permits anyone to arrange for a hearing before an individual or a group other than the individual or group from whose decision the appellant seeks redress, or a first request for action, depending on context; Chapter 2 addresses the appeal procedures available to aggrieved parties. Area of Jurisdiction: The Town of Fountain Hills as it exists now and as it is lawfully changed; plus any area allowed by Arizona Revised Statute outside of the corporate limits which permits review by the Town of Fountain Hills. Automotive Junk: Any vehicle missing one or more body parts; or is incapable of operating under its own power; or is missing any wheels; or has missing or severely shattered glass which prohibits safe operation; or has one or more flat tires for a period of seventy-two (72) or more hours. Automobile Repair: All aspects of the repair of motor vehicles including, but not limited to, lubrication, tune-up and preventive maintenance. Automobile Sales: An agency selling motor vehicles and providing services commonly associated with motor vehicle sales. 1756760.3 FH ZO Chap 1 Definitions 3 Awning: An architectural projection or shelter projecting from, or supported by, the exterior wall of a building and composed of a covering of rigid or non -rigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures which are internally illuminated by fluorescent or other light sources. Ballast: The portion of a sign required to operate a fluorescent lamp. Banner: A temporary sign composed of fabric, plastic, or other pliable material on which advertising copy or graphics may be displayed. Bar or Cocktail Lounge: An establishment whose primary business is the serving of alcoholic beverages to the public for consumption on the premises. Basketball Court: A basketball court as defined by the National Federation State High School Association regulations. Basement: A space in a structure that is partly or wholly below grade. Bed and Breakfast Establishment: A dwelling in which the occupants of the dwelling provide, for compensation, the short term lodging and meals for guests, occupying not more than two (2) guest rooms, located within the same dwelling. Billboard: A permanent off-premise outdoor advertising sign erected, maintained or used for the purpose of commercial or non-commercial messages. Board of Adjustment: (See Section 1.07). Building: Any structure used for the support, shelter, housing or enclosure of persons, animals, chattels or property of any kind, with the exception of doghouses, playhouses and similar structures. Building, Accessory: A building or structure that does not share a livable, enclosed connection to the main building, and that is subordinate to, and the use of which is cus tomarily incidental to, that of the main building, structure, or use on the same lot or parcel. Building Area: The total areas, taken on a horizontal plane at the mean grade level, of the principal buildings and all accessory buildings, exclusive of uncovered porches, terraces and steps. Building, Attached: A building which has at least part of a wall in common with another building, or which is connected to another building by a roof. Building, Detached: A building, which is separated from another building or buildings on the same lot. 1756760.3 FH ZO Chap 1 Definitions 4 Building, Height Of: The vertical distance measured at any point from the natural, pre-existing grade level or proposed grade, whichever is lower, to the highest point of the structure. If the structure is located in a platted subdivision where grading was done as a part of the subdivision’s improvements, the building height shall be the vertical distance measured at any point from the finished grade as shown on the subdivision grading plans or the natural, pre-subdivision grade, whichever is lower, to the highest point of the structure. If the structure has a basement, where the basement floor pad grade is lower than the preexisting grade and where all exterior walls to the basement are completely back-filled to the pre-existing grade and no ingress or egress is proposed directly from the basement to the exterior of the building, building height shall be measured at any point along the pre-existing grade to the highest point of the structure above that point. If the structure is proposed as a walk-out, where the walk-out or lower floor pad grade is lower than the pre-existing grade and where ingress and egress is proposed on only one side of the walk-out floor and where the other non-walk-out sides of the walk-out floor are completely back-filled to the pre-existing grade and no ingress or egress is proposed directly from the non- walk-out sides of the walk-out floor to the exterior of the building, building height above the walk-out level shall be measured at any point along the pre-existing grade to the highest point of the structure above that point. In the event that terrain problems prevent an accurate determination of height, the Zoning Administrator shall rule as to height and appeal from that decision shall be to the Board of Adjustment. Building, Principal: A building, or buildings, in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main building of the lot on which the same is situated. Building Footprint: The area of the primary structure measured from the outside walls (excluding any overhanging portions) which includes indoor uses such as attached garage, carports, utility room, laundry, etc. (including covered patios and breezeways which are an integral part of the roof structure of the structure. Building Frontage: The linear measurement of an exterior building wall or structure that faces the public roadway. Building Permit: A permit required for erection, construction, modification, addition to or moving of any building, structure or use in the incorporated area of the Town of Fountain Hills as more fully defined in Section 417 of the Uniform Building Code adopted by the Town Council. Building Setback: The minimum distance as prescribed by this ordinance between any property line and the closest point of the foundation or any supporting post or pillar of any building or structure related thereto. (See: Yard, front, side and rear). Business Area: An area designated by the Zoning Administrator as containing a concentrated group of businesses. Business Block: A portion of a business area consisting of at least three lots, bounded on all sides by a public right-of-way, alleyway or an adjacent property line. 1756760.3 FH ZO Chap 1 Definitions 5 Campground: Any lot, parcel, or tract of land used, designed, maintained, and intended for rent of plots or sites to accommodate temporary camping by the traveling public with or without sanitary facilities and water, whether or not a charge is made for the use of the park and its facilities. Carport: A roof supported by pillars or cantilevers, which shelters a car or other vehicle. May either extend from a structure (usually a house) or be constructed separately (often to accommodate several cars). Cemetery: Land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbaria, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises. Channel Letter: Individual letters constructed to be applied singly in the formation of a Building Mounted Sign or a Freestanding Sign. Channel letters may be illuminated or non- illuminated. Church: A permanently located building commonly used for religious worship fully enclosed with walls, but including windows and doors, and having a structurally solid and sound roof. Clearing: The removal and disposal of all obstructions such as fences, walls, foundations, buildings and existing structures, and accumulations of rubbish of whatever nature. Also, the substantial removal of trees, also the substantial removal of trees, shrubs, cacti, and other indigenous vegetation, but not including grass and weeds considered to be a potential fire hazard. Clinic: A place for the provision of group medical services, not involving overnight housing of patients. Clubhouse: A building, located on a golf course with nine (9) or more holes, that contains one or more of the following facilities: pro shop for the retailing of clothing and golf accessories; the golf course's own cart rental and maintenance facility (does not include the golf cart sales and the maintenance of golf carts not owned by the golf course); restaurant with or without alcoholic beverage service; and the golf course's administrative office. Cluster Housing: Houses built close together with little yard space and a large common area, rather than each house having a large separate yard. Commission: The Town of Fountain Hills Planning and Zoning Commission. (See Section 1.06). Common Open Space: Open space usable by all the people within a certain development and such area is owned by all the property owners in that development. Community Corrections Facility: A facility, which provides lodging and meals and, primarily, counseling, treatment, and rehabilitation to adjudicated delinquents, parolees, and individuals in pre-release (transitional) or diversionary programs from correction institutions. 1756760.3 FH ZO Chap 1 Definitions 6 Community Development Director: (Same as Development Services Director). Comprehensive Sign Plan: Comprehensive Sign Plans are required in all commercial zoning districts for multi-tenanted buildings or shopping centers. The Comprehensive Sign Plan shall be reviewed and approved by the Zoning Administrator or designee and conform to the sign regulations contained in Chapter 6 of this Ordinance. A “multi-tenanted building” is a building complex or center that contains any number of businesses, greater than one, that share the same site, use common points of ingress, and egress to and from the site. Condominium: Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of the separate portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Contiguous: In actual contact. Convalescent Home: (Same as nursing home). Copy: The text, graphics or message of a sign. Corral: A pen or enclosure for confining animals. Council: Town Council of the Town of Fountain Hills, Arizona. County: Maricopa County, Arizona. Day Care Center: A residential facility in which care for non-residents is provided for periods of less than twenty-four hours per day, for more than five (5) people. Density: The average number of families, persons or housing units per unit of land; usually density is expressed "per acre." Thus, the density of a development of 300 units occupying 4 0 acres is 7.5 units per acre. Development Services Director: The person appointed by the Town Manager to be the chief land-use official for the Town. If there is no such person designated by the Town Manager, the Town Manager is the Development Services Director. Direct Illumination: An externally mounted light source that is used for illuminating a sign; also referred to as “exterior illumination.” Disturbance: Clearing, grubbing, excavation and/or filling. Drive-in Restaurant: Any establishment where food or beverages are dispensed and may be consumed on the premises, but outside a closed building. Drive-in Theater: An open-air theater where the performance is viewed by all, or part, of the audience from motor vehicles. 1756760.3 FH ZO Chap 1 Definitions 7 Dwelling: A building or portion thereof, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for residential purposes, including single-family and multiple-family dwellings; but not including hotels, motels, boarding and lodging houses, fraternity and sorority houses, rest homes and nursing homes, or child care nurseries. Dwelling, Multiple-Family: A building, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for occupancy by or occupied by two (2) or more families living independently of each other. Such building(s) shall have a connection, which is comprised, of a full ground to roof wall and a roof structure of not less than eight (8) feet in depth. Dwelling, Single-Family: A detached building, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for occupancy by or occupied by one (1) family for residential purposes. Dwelling, Two-Family: A building, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, d esigned exclusively for occupancy by or occupied by two (2) families living independently of each other. Such building(s) shall have a connection, which is comprised, of a full ground to roof wall and a roof structure of not less than eight (8) feet in depth. Dwelling Unit: A building or portion thereof having restricted access to one kitchen or area convertible to kitchen activities, built in accordance to the building code adopted in the Town, or if built prior to incorporation, adopted by Maricopa County, designed exclusively for residential purposes, including single-family and multi-family dwellings; but not including hotels, motels, boarding and lodging houses, fraternity and sorority houses, rest homes and nursing homes, or child care nurseries. Easement: A specified area on a lot or parcel of land reserved or used for the location of and/or access to, utilities, drainage or other physical access purposes, or for preservation of undisturbed terrain for the benefit of the general public. Elderly: A person who is sixty-five (65) years of age or older. Erect: The word "erect" includes build, build upon, add to, alter, construct, reconstruct, move upon, or any physical operations on the land, required for a building. Excavation: The removal of earthen material, resulting in a lowering of the grade at the location. Family: An individual, or two (2) or more persons related by blood or marriage, or a group of persons not related by blood or marriage, living together as a single housekeeping group in a dwelling unit. 1756760.3 FH ZO Chap 1 Definitions 8 Farm: An area of not less than two (2) contiguous acres which is used for the commercial production of farm crops such as vegetables, fruit trees, cotton, grain and other crops, and their storage on the area, as well as the raising thereon of farm poultry and farm animals, such as horses, cattle, and sheep for commercial purposes. The term "farm" includes the operating of such an area for one (1) or more of the above uses, including dairy farms, with the necessary accessory uses for treating or storing the produce, provided that the operation of any such accessory use is secondary to that of the farm activities, and provided further that the farm activities do not include commercial feeding or offal to swine or other animals. Fence: Any device built to enclose a parcel of land, to separate two (2) parcels of land, or to separate a parcel of land into different use areas. Filling: The dumping or depositing of earthen material resulting in the raising of the grade at that location. Flag: A fabric sheet of square or rectangular or triangular shape which is mounted on a pole. This includes the United States, State, flags for registered corporations and other registered entities, flags or foreign nations, decorative flags, and flags supporting activities of the Fountain Hills Unified School District. Floor Area: The gross square footage of a building. When considering minimum off-street parking area, floor area may also include the open land needed for service to the public as customers, patrons, clients, or patients, including area occupied by fixtures and equipment used for display or sale of merchandise. Fractional Ownership Interest: A contractual right of occupancy in a Fractional Ownership Project, whether by membership, agreement, share, tenancy in common, sale, deed, license, right-to-use agreement or otherwise, where such right is divided into eleven (11) or more undivided interests, whether or not such interest is coupled with an estate in real property, where a purchaser, in exchange for consideration, receives a right to use a portion of a Fractional ownership Project for a period of time less than six months during any given year. Fractional Ownership Interest shall include interests otherwise known as “Interval Ownership” or “Time Share Ownership.” Fractional Ownership Project: A project consisting of any dwelling unit, hotel, lot or parcel in which a purchaser receives a Fractional Ownership Interest. Front Lit Letter: An internally illuminated individual letter or graphic component of a sign that has a translucent face. Garage, Private: A building or portion thereof, used for the shelter or storage of self-propelled vehicles, or owned or operated by the occupants of a main building where there is no service or storage for compensation. Garage, Public: Any building, except one herein defined as a "private garage" used for the storage of self-propelled vehicles or where any such vehicles are equipped for operation or kept for hire. 1756760.3 FH ZO Chap 1 Definitions 9 Grade: The elevation of the land. Grade, Finished: Final elevation of the ground surface conforming to the approved grading plans. Grade, Natural: Elevation of the natural or undisturbed ground surface prior to any grading operation. If "natural grade" can no longer be determined, then the grade elevation existing on September 20, 1991, as shown on the Town's topographical maps of that date, shall be used in lieu thereof. If a parcel of land is not shown on the September 20, 1991 topographical maps, "natural grade" shall be as shown on a topographical map that has been both prepared after September 20, 1991 and that is acceptable to the Town Engineer. Grading: The process of changing gradients of land by contouring, smoothing or otherwise shaping land areas, by excavating, filling, or combination thereof. Group Home for the Handicapped and Adult Care: A dwelling shared by handicapped and/or elderly people as their primary residence and their resident staff, who live together as a single housekeeping unit, sharing responsibilities, meals, and recreation. The staff provides care for the residents. A Group Home for the Handicapped and Adult Care does not include nursing homes, alcohol or other drug treatment centers, community correction facilities, shelter care facilities, or homes for the developmentally disabled as regulated by the Arizona Revised Statutes Section 36-582. Grubbing: The elimination of roots from the ground by digging or pulling. Guest: Any transient person who rents or occupies a room or structure for sleeping purposes. Guest House: Living or sleeping quarters within an accessory building for the sole use of occupants of the premises, guests of such occupants or persons employed on the premises. The accessory building may be attached to or detached from the main building. Such quarters shall not be rented, and/or otherwise used for income producing purposes. Guest Ranch: A building or group of buildings containing two (2) or more guest rooms, other than a boarding house, hotel, or motel, and including outdoor recreational facilities such as, but not limited to, horseback riding, swimming, tennis courts, shuffleboard courts, barbecue and picnic facilities, and dining facilities intended for the use primarily by guests of the guest ranch, but not including bars and restaurants which cater primarily to other than guests of the guest ranch. Guest Room: A room designed for occupancy by one (1) or more guests for sleeping purposes, but having no cooking facilities and not including dormitories. Halo Illumination: Sign lighting constructed for wall or freestanding signs that is designed so that the light for the entire sign, or the light for each individual component of the sign, is directed against the surface behind the sign or sign component, producing a halo effect. 1756760.3 FH ZO Chap 1 Definitions 10 Handicapped: A person who: (A) has a physical or mental impairment which substantially limits one or more of such person's major life's activities so that such person is incapable of living independently; (B) has a record of having such an impairment; or (C) is regarded as having such an impairment. However, "handicapped" does not include current, illegal use of or addiction to a controlled substance as defined in the Controlled Substance Act (21 United States Code 802). Hazardous Materials: Any substance characterized as flammable solids, corrosive liquids, radioactive materials, oxidizing materials, highly toxic materials, poisonous gases, reactive materials, unstable materials, hypergolic materials and pyrophoric materials and any substance or mixture of substances which is an irritant, a strong sensitizer or which generates pressure through exposure to heat, decomposition or other means. Holiday Window Decorations: The decorative display of holiday themed decorations or window painting. Home Day Care Center: A residential facility in which care for non-residents is provided for periods of less than twenty-four hours per day, for five or less people. Home Occupation: Any occupation or profession which is incidental and subordinate to the use of the dwelling unit for dwelling purposes and which: (A) does not change the character thereof, and in connection with which there are no employees other than members of the immediate family residing in the dwelling unit; (B) does not generate traffic as a result of patronage and/or shipping and receiving of materials beyond five (5) trips per day; and (C) has shipping and receiving to and from such occupation only by a vehicle customarily used for residential delivery purposes. Hospital: A place for the treatment or care of human ailments, where overnight lodging for patients is provided, other than nursing homes. Hotel: A building or group of buildings, other than a motel, boarding house or lodging house, containing individual guest rooms, suites of guest rooms, and dwelling units, and which furnishes services customarily provided by hotels. Individual: Any private individual, tenant, lessee, owner or any commercial entity including, but not limited to, companies, partnerships, joint ventures or corporations. Junk: Any old or scrap metal, rope, rags, batteries, paper, trash, wood, glass, plastic and/or rubber debris, waste, or junked dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. Junkyard: Any land or building used for the abandonment, storage, keeping, collecting, or baling of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in running condition, or machinery, or parts thereof. 1756760.3 FH ZO Chap 1 Definitions 11 Kennel: Any premises where more than four (4) dogs or cats are bred, boarded, and/or trained. Having one litter up to six (6) weeks of age is not considered to be a kennel. Kitchen: Any room in a building or dwelling unit that is used or intended to be used for cooking or the preparation of food. Landscaping: An area which has been improved through the harmonious combination and introduction of trees, shrubs, and ground cover, and which may contain natural topping material such as boulders, rock, stone, granite or other approved material. The area shall be devoid of any asphaltic or concrete pavement except for pedestrian walkways. A. "Fully-abutting" areas are those landscaped or revegetated areas, such as a disturbed area that is proposed to look as if no disturbance activity has occurred, where natural undisturbed areas abut one or both sides of a revegetated area. B. "Partially-abutting" areas are those landscaped or revegetated areas, such as a disturbed area that is proposed to look as if no disturbance activity has occurred, where natural undisturbed areas abut one side of a revegetated area. C. "Non-abutting" areas are those landscaped or revegetated areas that are not intended to fully resemble the preexisting natural undisturbed landscaping of the site. Laundry, Self Service: A building within which clothes washing and drying machines, and clothes dry-cleaning machines, either coin operated or attendant operated, are provided on a rental basis for use by individuals for doing their own laundry or dry cleaning. Self -service laundry does not include outdoor drying facilities. Letter Face: The exterior side of an individual letter or individual graphic element. Logo: A graphic design representing a product, identity or service. Lot: A single piece of property located in a recorded subdivision, having frontage on publicly dedicated and accepted street or an approved private road, which is described and denoted as such. Lot, Corner: A lot, which has an interior angle of one hundred thirty-five (135) degrees or less at the intersection of two (2) street lines. A lot abutting upon a curved street is considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of one hundred thirty-five (135) degrees or less. Lot, Interior: A lot other than a corner lot. Lot, Key: A lot adjacent to a corner lot having its side lot line in common the rear lot line of the corner lot and fronting on the street which forms the side boundary of the corner lot. Lot, Through: A lot, which has street right-of-way frontage on two non-adjoining sides. 1756760.3 FH ZO Chap 1 Definitions 12 Lot Area: The total horizontal area within the lot lines of a lot. Lot Coverage: That portion of a lot or building site, which is occupied by any building or other covered structure, excepting paved areas, walks and swimming pools. Lot Depth: The horizontal length of a straight line connecting the midpoints of the front and rear lot lines. Lot Frontage: The horizontal length of the front lot line. Lot Line: The line bounding a lot. Lot Line, Front: In the case of an interior lot, a line separating the lot from the street right-of- way. In the case of a corner lot, the narrower of the two lot lines adjoining a street right-of-way. Lot Line, Rear: A lot line, which is opposite and most distant from the front lot line. In the case of a lot having five (5) or more sides, the rear lot line shall be any lot line, other than the front lot line, which intersects a side or a street side lot line at any angle less than one hundred thirty-five (135) degrees. Lot Line, Side: Those lot lines other than a street side lot line that connects the front and rear lot lines. Lot Line, Street Side: That lot line or lines on a corner lot adjoining a street right-of-way that connects the front lot line to a rear lot line. Lot Width: For rectangular lots, lots having side lot lines not parallel, and lots on the outside of the curve of a street, the distance between side lot lines measured at the required minimum front yard line on a line parallel to the street or street chord; and for lots on the inside of the curve of a street, the distance between side lot lines measured thirty (30) feet behind the required minimum front yard line on a line parallel to the street or street chord. Mansard Roof: A roof style composed of a combination of a steep semi-vertical plane connected to a flatter plane. Manufacturing: The fabricating or assembling of materials into finished or partially finished products by hand or by the use of machinery. Massage Establishment: Any establishment having its place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any massage activities defined as any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. 1756760.3 FH ZO Chap 1 Definitions 13 Master-Planned Village Sales and Information Center: A facility that meets the adopted version of the Uniform Building Code of the Town of Fountain Hills, that is used as an information/sales facility by the developer of a master-planned village. Master-Planned Village: A development containing over 200 contiguous acres contained in a master subdivision plat by a single developer. Mobile Home: A structure transportable in one or more sections, including the plumbing, heating, air conditioning and electrical systems contained in such structure which meets the standards specified in the National Manufactured Housing and Safety Standards Act of 1976, as amended, which erected on site meets all of the following criteria: (A) eight (8) body feet or more in width; (B) Thirty-two (32) body feet or more in length; (C) built on a permanent chassis; and (D) designated to be used as a portable home with or without a permanent foundation, and shall be classified as a mobile home whether or not its wheels, rollers, skids or other rolling equipment have been removed. For purposes of these regulations, mobile homes are a special form of single-family detached dwellings and are subject to such special regulations as are set forth herein and shall not be considered a modular or factory built building as defined in this section. Mobile Home Park: Any lot, parcel or tract of land, designed, maintained, used and intended for rent or lease of individual lots or sites to accommodate one or more mobile homes, including all buildings, structures, vehicles, accessory buildings, and appurtenances to be used or intended as equipment as a trailer court park, whether or not a charge is made for the use of the site or the use of its facilities. A mobile home park does not include lots upon which unoccupied mobile homes or unoccupied travel or commercial trailers are parked for display, inspection, and sale. Mobile Home Subdivision: A subdivision designed for residential use where the residences are mobile homes and structures conforming to the adopted building codes of the Town. Mobile Structure: A movable or portable structure thirty-two (32) feet or more in length and eight (8) feet or more in width, constructed to be towed on its own chassis and designed so as to be installed with or without a permanent foundation for occupancy classification as an office, retail store, airport hangar, classroom, or any other occupancy classification. It may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or two (2) or more units separately towable, which can be joined to form a single unit. The removal of the wheels and running gear shall not change the meaning of this term. Modular or Factory-Built Buildings: A building complying with the adopted building codes of the Town which is manufactured, constructed, or fabricated off-site and capable of being towed to a permanent site to be installed on a permanent foundation. Does not include a mobile home. Such a structure must be certified by the Office of Manufactured Housing of the State of Arizona. Motel: A building or group of buildings containing guest rooms or apartments each of which maintains a separate entrance, used primarily for the accommodation of motorists, and providing automobile parking space on the premises. 1756760.3 FH ZO Chap 1 Definitions 14 Native Vegetation: Indigenous plant materials of the Sonoran Desert. Natural: The condition of the land, vegetation, rocks, and other surface features, which have not been, physically disturbed, changed or added to by any action of man or machine. Nonconforming Structure: A structure which was lawfully erected prior to the adoption of this ordinance but which, under this ordinance, does not conform with the standards of coverage, yard spaces, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located. Nonconforming Use: The use of a structure or land which was lawfully established and maintained prior to the adoption of this ordinance but which, under this ordinance, does not conform to the use regulations for the district in which it is located. Nuisance: Anything, condition or use of property, which endangers life or health, gives offense to the senses, and/or obstructs the reasonable and comfortable use of other property. Nursing Home: A structure operated as a lodging house in which nursing, dietary and other personal services are rendered to convalescents, not including persons suffering from contagious diseases, and in which surgery is not performed and primar y treatment, such as customarily is given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a nursing home. Nursery: A commercial operation for the growth and sale of plants, storage of equipment for landscaping and the wholesale or retail sale of commercial gardening supplies. Office: A room or rooms and accessory facilities for the managing or conducting of a business. Off-Street Loading and Unloading Space: A designated off-street space located on the same site as the site for which berths are required for temporary parking of motor vehicles for active loading and unloading of merchandise or materials. Open Space: Any parcel or area of land or water unimproved or improved and set aside, dedicated, designated, or reserved for the public or private use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Overhead Transmission Line: An electrical power line that is capable of conveying sixty-nine (69) thousand or more volts of power. Pan Channel Letter: An individual letter of a sign constructed so that the sides and back of the letter are one unit. Parapet: An extension of a vertical building wall above the line of a structural roof. Park: A public or private parcel of land developed and used for passive or active recreation. 1756760.3 FH ZO Chap 1 Definitions 15 Parking Area: An area designed and constructed, and used exclusively for the parking, storage and maneuvering of vehicles. Parking Shade Structures: A roofed, detached, accessory structure, which may be lighted, with four (4) open sides, designated or used exclusively for the parking and sheltering of operable motor vehicles. Parking Space: A permanently surfaced area, enclosed or unenclosed, of not less than nine (9) feet in width, and nineteen (19) feet in depth, together with a driveway connecting the parking space with a street and permitting ingress and egress of the automobile, (See Chapter 7). Pennant: Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in a series and designed to move in the wind. Pennants must not exceed 12 inches in any direction. Planned Unit Development: A development of five (5) or more acres in size, in which flexibility can be permitted in lot size, lot width, lot coverage, and setbacks, in order to encourage more creative and imaginary design, thereby preserving natural features, protecting environmentally-sensitive areas and/or providing usable open spaces within the development. Professional Office: Any building, structure, or portion thereof, used or intended to be used as an office for a lawyer, architect, engineer, surveyor, planner, optometrist, accountant, doctor, dentist, or other similar professions. Public Building: Facilities for conducting public business occupied by various public agencies. This includes all federal, state, county, and town offices and buildings. Public Hearing: A hearing held to receive public testimony as required by law. Public Meeting: A meeting held in conformance to the Arizona Open Meeting Law as contained in A.R.S. § 38-431 et seq. Public Utility: Private or public facilities for distribution of various services, such as water, power, gas, communication, etc., to the public. Recreation Facilities: Includes buildings, structures or areas built or developed for purposes of entertaining, exercising or observing various activities participated in either actively or passively by individuals or organized groups. Recreational Vehicle: A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. This includes motor homes, self-contained travel trailers, and campers. Recreational Vehicle Park: Facilities for the temporary storage, parking and maneuvering of recreational vehicles (motor homes, travel trailers, campers, etc.) with adequate roads and stall 1756760.3 FH ZO Chap 1 Definitions 16 sites, including sanitary and water facilities. Site locations are provided on a day-to-day basis. Does not constitute a mobile home park and may not allow mobile homes. Restaurant: An establishment whose primary business is the serving of food to the public. Retail Store: A commercial business for selling goods, services, wares or merchandise directly to the customer, but not including a professional office. Retaining Wall: A wall or terraced combination of walls used to retain earth, but not directly supporting the wall of a building, including stacked rock and imbedded boulder walls. Revegetation: The replacement of indigenous living plant materials on areas where the natural vegetation has been removed. The areas include disturbed natural areas and man-made cut and fill slopes. Reverse Pan Channel Letter: An individual letter of a sign constructed of an opaque material so that the sides and front of the letter are one unit. Riprap Material: Material that is a loosely composed layer of rocks and stones used to hinder the flow of water, thereby preventing erosion. Satellite Dish Antenna: A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based stations. This definition is meant to include but not be limited to what are commonly referred to as satellite earth stations, television reception-only (TVRO's), and satellite microwave antennas. School, Elementary, Junior High, High School, College, or Junior College: Public and other non-profit institutions conducting regular academic instruction at kindergarten, elementary, secondary, and tertiary levels. Such institutions shall offer general academic instructions equivalent to the standards prescribed by the State Board of Education or the State Board of Regents. School, Nursery: A school or the use of a site or a portion of a site for an organized pro gram devoted to the education or day care of five (5) or more children of elementary school age or younger, other than those residents on the site. This includes day care centers. School, Private or Parochial: An institution conducting regular academic instruction at kindergarten, elementary, secondary, and tertiary levels operated by a nongovernmental organization. School, Trade: Schools offering instruction in the technical, commercial or trade skills, such as real estate schools, business colleges, electronic schools, automotive and aircraft technician schools and similar commercial establishments operated by a nongovernmental organization. 1756760.3 FH ZO Chap 1 Definitions 17 Service Station: An occupancy engaged in the retail sales of gasoline, oil, tires, batteries, and new accessories and which provides for the servicing of motor vehicles and operations incidental thereto, including: automobile washing, waxing and polishing, tire changing and repairing, but not including recapping. May also include battery service, radiator cleaning, flushing and repair, installation of minor accessories, lubrication of motor vehicles, rental of utility trailers, testing, adjustment and replacement of motor parts and accessories. Shelter Care: Short term residential care facilities providing lodging on a temporary basis, meals and counseling to individuals and groups such as, but not limited to, the homeless, pregnant teenagers, victims of domestic violence, neglected children, and runaways. Shopping Center: A group of retail stores or professional offices planned and designed for the site on which it is built, functioning as a unit, with off-street parking, landscaped areas and pedestrian malls or plazas provided on the property as an integral part of the unit. Sign: Any visual element, or combination of elements, including words or symbols, designed or placed to attract attention or convey information, including any device providing identification, advertising or directional information for a specific business, service, product, person, organization, place, or building. Graphic devices such as logos, obtrusive colored facia or architectural elements, banners, balloons, streamers, inflatable structures, exterior merchandise displays, projected picture signs, holographic projection signs and other attention attracting media and devices. Sign, Abandoned: A sign that is no longer associated with the location, product or activity conducted on the premises on which the sign is located. Sign, Advertising: A sign which includes any copy and/or graphics relating to any business, service, product, person, organization, place, or building in addition to simple identification. Sign, A-Frame: A temporary sign normally supported by its own frame in a manner that usually forms an “A” when in use; also referred to as a “sandwich” or “tent” sign. Sign, Animated: A sign with actual motion, including light changes or color changes, or the illusion of motion. Sign, Awning: A sign displayed on, or attached flat against, the surface or surfaces of an awning or any other surface attached to a building that provides shelter. Sign, Bench: A sign painted on or affixed to a bench. Sign, Building Mounted: Any sign mounted onto the vertical surface of a building; see also Wall Sign. Sign, Cabinet: A frame constructed to hold internal components and covered by a face to hold the advertising sign. Sign, Canopy: See definition of Awning Sign. 1756760.3 FH ZO Chap 1 Definitions 18 Sign, Changeable Copy: A sign constructed to hold individual letters or individual text sections that are mounted in or on a track system. Changeable Copy Signs are usually used as Directory Signs. Sign, Directional: A sign, supplying pertinent directional information for the purpose of promoting safety and the flow of vehicular or pedestrian traffic. Sign, Directory: A sign listing the names and/or uses, and/or locations of the various tenants or activities within a building, or in a multi-tenant development, or group of buildings. Directory Signs may be constructed as Changeable Copy Signs. Sign, Fascia: A sign that is permanently affixed to the horizontal member or surface at the edge of a projecting roof. Example Fascia Sign Sign, Flashing: A sign with an intermittent, repetitive or flashing light source. Sign, Freestanding: A sign that has its own supporting structure independent of the building or business it identifies. Sign, Fuel Price: A sign displaying the price(s) of fuel at a service station. Sign, Ground Mounted: A Freestanding Sign with no visible base. Sign, Identification: A sign that contains only the name of the business, person, organization, place, or building at that location. 1756760.3 FH ZO Chap 1 Definitions 19 Sign, Ideological: A sign that expresses, conveys, or advocates a non-commercial message. Sign, Illuminated: A sign, that is lighted, either externally or internally. Sign, Internally Illuminated: A sign constructed with a light source behind the face of the sign. Sign, Mansard: A sign permanently affixed to a wall or surface not more than 20 degrees from vertical at the upper edge of a building and running parallel with the mansard roof line or parapet upon which the sign is attached. Any sign proposed for a building with a Mansard Roof shall have the top of the sign mounted no higher than the lowest point of any portion of the roofline. Sign, Menu Board: A changeable sign orientated to the drive-through lane for a business that advertises the menu items or services available from the drive-through window. Sign, Mobile: See Portable Sign. Sign, Monument: A Ground Mounted Freestanding Sign identifying a subdivision or multiple- occupancy development such as a shopping center, officer building or planned industrial park, which has multiple suites, offices or tenants. A Monument Sign shall be a part of the signage regulated by a Comprehensive Sign Plan. Example Monument Sign Mansard Roof 1756760.3 FH ZO Chap 1 Definitions 20 Sign, Multi-Tenant Building Identification: A sign for a building complex or center that contains any number of businesses, greater than one, that share the same site and use common points of ingress and egress to and from the site. Sign, Neon: Any sign that uses neon, argon or any similar gas to illuminate transparent or translucent tubing or other materials, or any use of neon, argon or any similar gas lighting on or near the exterior of a building or window. Sign, Off-Premise Directional: A portable sign containing directional information to a destination within the Town’s municipal boundary, which may only be located in specified areas of Town road rights-of-way during specified times. Sign, Open House Directional: A temporary sign with directional arrow, directing pedestrian or vehicular travel to the property or premise for sale, lease or rent. Sign, Parapet: A sign mounted to the face of a building parapet. Sign, Pole Mounted: A Freestanding Sign constructed with a support structure that is more than 10% of the height of the total sign and less than 90% of the width of the sign. The sign support structure shall be included in the sign area computation. Sign, Political: A sign that identifies a person, expresses a position, conveys a message concerning, or advocates a position on, the candidacy of a person, party or issue on an upcoming ballot. Sign, Portable: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of persons or wheels; signs converted to A-frames; menu and sandwich board signs; balloons used as signs; umbrellas for advertising; and signs attached to or painted on vehicles. Example of Portable Sign Sign, Projecting: A sign that extends from a building wall over a property line or right-of-way line. Sign, Pylon: See Pole Sign. Sign, Real Estate: A sign, attached to the site, advertising the sale, lease or rental of the property or premises on which it is located. 1756760.3 FH ZO Chap 1 Definitions 21 Sign, Roof: 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 vertical portion of a Mansard Roof shall be considered the roofline. The top of the facia of a hipped 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, Sandwich: A portable sign; one, which is not permanently affixed to a structure or permanently ground-mounted. For an example, see Chapter 6. Sign, Shared Monument: A monument sign displaying (A) the names of participating business within a sign district or (B) the names of businesses on property owned by the holder(s) of a shared monument sign permit. Sign, Temporary: A sign intended to display either commercial or non -commercial messages of a transitory or temporary nature. Portable signs, any sign not permanently emb edded in the ground, or signs affixed to a building, wall, fence, or sign structure for a non -permanent time period, are considered temporary signs. A banner, pennant, poster, balloon, construction sign, political sign or an A-frame sign shall be considered a temporary sign. Sign, Tent: A temporary sign normally supported by its own frame in a manner that usually forms an “A” when in use; also referred to as a “sandwich” or “A-frame” sign. Sign, Under-Canopy: A sign attached to the underside of a canop y, marquee, cantilevered roof or eave or any other surface having an angle plus or minus fifteen (15) degrees from perpendicular to a horizontal overhead structure. Sign, Wall: A sign which is fastened to any vertical portion of a building; see also Building Mounted Sign. Sign, Wall-Mounted: A sign, which is fastened to any vertical portion of a building. Sign, Window: Any sign, pictures, symbols or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is affixed to, or located within any area six (6) feet behind a window pane, positioned to be read from the exterior of a building. Sign District: A group of businesses within a business block, organized for the purpose of designing and installing no more than two shared monument signs to be located within the business block. Sign District Agreement: An agreement between prospective sign district members and the business block property owner(s) in which the shared monument sign will be erected, containing the name of each business and its owner(s) and the business address and telephone number, and evidencing that the sign district members have agreed to the following: A. The placement of the shared monument sign within the business block; 1756760.3 FH ZO Chap 1 Definitions 22 B. A shared monument sign meeting the requirements of subsection 6.08(BB); C. The individual business owners’ and property owner’s respective responsibilities for maintenance, removal and alteration of the shared monument sign; and D. The individual business owners’ and property owner’s responsibilities in the event that the sign district is dissolved. Sign District Members: Business owners within a sign district. Sign Face: The area enclosing the copy and graphic components of a sign. Sign Walker: A person, who wears, holds or balances a sign. Significantly Altered Lot: A residential lot, upon which new construction is occurring on the lot resulting in: A. Greater than 50% of the lot’s yard area being disturbed; or B. Greater than 1,000 square feet of the lot’s yard area being disturbed. Specified Anatomical Areas: Either of the following: A. Less than completely and opaquely covered: (1) human genitals, pubic region; (2) buttock; and (3) breast below a point immediately above the top of the areola. B. Human male genitals in a discernible turgid state, even if completely and opaquely covered. Specified Sexual Activities: A. Human genitals in a state of sexual stimulation or arousal. B. Acts of human masturbation, sexual intercourse, or sodomy. C. Fondling or other erotic touching of human genitals, pubic region, buttocks, or breasts. Stable: A detached accessory structure including, but not limited to, a corral or paddock for the keeping of one or more horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale. Stable, Commercial: A structure including, but not limited to, a corral or paddock for the keeping of horses for remuneration, hire or sale. Store: A building where manufactured or ready-made items can be purchased. 1756760.3 FH ZO Chap 1 Definitions 23 Story: That portion of a building included between the surface of any floor and the finished ceiling next above it or the finished undersurface of the roof directly over the particular floor. Street: A right-of-way that provides the principal vehicular and pedestrian access to adjacent properties. Street, Private: A street held or controlled by an entity other than the Town of Fountain Hills. Street, Public: A street dedicated and accepted by the Town of Fountain Hills for public use. Street Line: The boundary line between street right-of-way and abutting property. Structure: Anything constructed or erected which requires a fixed location on the ground, including a building or mobile home, but not including a fence or wall used as a fence. Structural Alteration: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or exterior walls. Subdivision: Improved or unimproved land or lands divided for the purpose of financing, sale or lease, whether immediate or future, into four (4) or more lots, tracts or parcels of land, or, if a new street is involved, any such property which is divided into two (2) or more lots, tracts or parcels of land, or, any such property, the boundaries of which have been fixed by a recorded plat, which is divided into more than two (2) parts. "Subdivision" also includes any condominium, cooperative, community apartment, townhouse or similar project containing four (4) or more parcels, in which an undivided interest in the land is coupled with the right of exclusive occupancy of any unit located thereon, but plats of such projects need not show the buildings or the manner in which the buildings or airspace above the property shown on the plat are to be divided. "Subdivision" does not include the following: A. The sale or exchange of parcels of land to or between adjoining property owners if such sale or exchange does not create additional lots. B. The partitioning of land in accordance with other statutes regulating the partitioning of land held in common ownership. C. The leasing of apartments, offices, stores or similar space within a building or trailer park, nor to mineral, oil or gas leases. Supervisory Care Home: A residential care institution, which provides only supervisory care services to no more than four (4) ambulatory persons unrelated to the owner of such a home. Swale: A low flat depression to drain off excess water. Swimming Pool: Any permanent structure, containing or intended to contain water eighteen (18) inches or more in depth and/or eight (8) feet or more in width at any point. 1756760.3 FH ZO Chap 1 Definitions 24 Temporary Vehicle Storage Facility: Any land or building used for the temporary storage of abandoned, wrecked or legally impounded automobiles, boats, or other vehicles regardless of running condition. Such a facility is not a facility where dismantling of any vehicle, the storage of any vehicle parts, the retailing or wholesaling of any vehicle or vehicle parts may take place. Travel Trailer: A portable structure without motive power, with wheels built on a chassis, designed as a temporary dwelling for travel, recreation, and vacation purposes, having a body width not exceeding eight (8) feet and a body length not exceeding thirty-two (32) feet. Treatment Center: Facilities providing lodging and meals and, primarily, treatment, training or education as a part of an alcoholism or drug addiction program. Use: The purpose for which a site or structure is arranged, designed, intended, constructed, moved, erected, altered or enlarged or for which either a site or structure is or may be occupied and maintained. Use, Accessory: A use which is incidental, related, appropriate, and clearly subordinate to the lot or building, and which does not alter the principal use of the lot or building. Use, Permitted: A use which is listed as a "permitted use" in any given zone district. Such use shall be allowed to be established within that zone district, subject to the specific requirements of this ordinance. Use, Prohibited: Any use not specifically permitted or permitted by a special use permit. Use, Special: A use, which is listed as a "special use" in any given zoning district. Such use shall require a "special use permit" in order to be established within that zoning district, and shall be subject to all conditions and requirements imposed by the Town Council in connection with the special use permit. Use, Temporary: A use, which is listed as a "temporary use" in any given zoning district. Such use shall require a "temporary use permit" in order to be established within that zoning district and shall be subject to all conditions and requirements imposed by the staff or Town Council, whichever issues the permit. Usable Open Space: Space, which can be enjoyed by people. This could include landscaped plazas, grass and trees, fountains, sitting areas, etc., and is meant to provide an open garden atmosphere. Meaningful open space does not include parking areas, vacant or undeveloped lots or any other space, which does not contribute to the quality of the environment. Utility Services: Service to the public of water, sewer, gas, electricity, telephone and cable television. The foregoing shall be deemed to include attendant facilities and appurtenances to the above uses, including, without limitation, stations along pipelines, and substations along electric transmission lines; but not including public utility treatment and generating plants or offices. Variance: See Chapter 2, Section 2.06(B) herein. 1756760.3 FH ZO Chap 1 Definitions 25 Wall: Any device forming a physical barrier which is so constructed that fifty percent (50%) or more of the vertical surface is closed preventing the passage of light, air and vision through said surface. Warehouse: A building or buildings used for the storage of goods. Wholesale: The sale of goods or materials for the purposes of resale. Yard: A minimum required open area adjacent to a lot line that shall be free from any structure except as specified in the Town of Fountain Hills Zoning Ordinance. Yard, Front: A yard, the depth of which is the minimum required horizontal distance between the front line and the front yard setback line, which yard extends across the full width of the lot. For a corner lot, the front yard is the narrower of the two street side frontages. Yard, Rear: A yard, the depth of which is the minimum required horizontal distance between the rear lot line and rear-yard setback line, which yard extends across the full width of the lot, not including any portion of a required street side yard. Yard, Required: The minimum open space as specified by the regulations of this Ordinance for front, rear, side, and street side, as distinguished from any yard area in excess of the minimum required. See "Building Area". Yard, Side: A yard, the width of which is the minimum required horizontal distance between the side lot and the side-yard setback line, not including any portion of the required front yard or required rear yard. Yard, Street Side: Any yard, the depth of which is the minimum required horizontal distance between the street side lot line and the street side-yard setback line, not including any portion of the required front yard. Zone: A district classification established by this ordinance, which limits or permits various and specific uses. Zoning Administrator: The person appointed by the Town Manager to be the Zoning Administrator. If there is no such person designated by the Town Manager, the Town Manager is the Zoning Administrator. Zoning Clearance: The approval by the Community Development Director of a plan that is in conformance with The Zoning Ordinance for the Town of Fountain Hills. Zoning District: A zone area in which the same zoning regulations apply throughout the district. Town of Fountain Hills Zoning Ordinance 1 of 45 January 13, 20121752356.6 TOWN OF FOUNTAIN HILLS SIGN REGULATIONS Town of Fountain Hills Zoning Ordinance September 3, 2012 1752356.6 Chapter 6 SIGN REGULATIONS Sections: 6.01 Purpose. 6.02 Definitions.[Reserved] 6.03 Sign Permits; Fees. 6.04 Violations. 6.05 Penalty. 6.06 Enforcement and Remedies. 6.07 General Regulations. 6.08 Signs Allowed. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 2 of 45 January 13,34 September 3, 2012 1752356.6 Section 6.01 Purpose These Sign RegulationsThe regulations set forth in this Chapter are intended to encourage attractive signage for businesses and services, optimizing the availability of information, while promoting the general welfare by creating more aesthetically appealing community. Section 6.02 Definitions[Reserved] The following definitions shall apply; interpretations of these definitions shall be the responsibility of the Town of Fountain Hills Zoning Administrator or authorized designee. Abandoned Sign: A sign that is no longer associated with the location, product or activity conducted on the premises on which the sign is located. Advertising Copy: Copy that includes, but is not limited to information such as phone numbers, prices, announcement of sales, business hours, meeting times, individual or specific product or merchandise information, and directional information. Advertising Sign: A sign which includes any copy and/or graphics relating to any business, service, product, person, organization, place, or building in addition to simple identification. A-Frame Sign: A temporary sign normally supported by its own frame in a manner that usually forms an “A” when in use; also referred to as a “sandwich” or “tent” sign. Animated Sign: A sign with actual motion, including light changes or color changes, or the illusion of motion. Awning: An architectural projection or shelter projecting from, or supported by, the exterior wall of a building and composed of a covering of rigid or non -rigid materials and/or fabric on a supporting framework that may be either permanent or retractable, including such structures which are internally illuminated by fluorescent or other light sources. Awning Sign: A sign displayed on, or attached flat against, the surface or surfaces of an awning or any other surface attached to a building that provides shelter. Ballast: The portion of a sign required to operate a fluorescent lamp. Banner: A temporary sign composed of fabric, plastic, or other pliable material on which advertising copy or graphics may be displayed. Bench sign: A sign painted on or affixed to a bench. Billboard: A permanent off-premise outdoor advertising sign erected, maintained or used for the purpose of commercial or non-commercial messages. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 3 of 45 January 13,34 September 3, 2012 1752356.6 Building Mounted Sign: Any sign mounted onto the vertical surface of a building; see also Wall Sign. Business Area: An area designated by the Zoning Administrator as containing a concentrated group of businesses. Business Block: A portion of a business area consisting of at least three lots, bounded on all sides by a public right-of-way, alleyway or an adjacent property line. Cabinet Sign: A frame constructed to hold internal components and covered by a face to hold the advertising sign. Canopy Sign: See definition of Awning Sign. Changeable Copy Sign: A sign constructed to hold individual letters or individual text sections that are mounted in or on a track system. Changeable Copy Signs are usually used as Directory Signs. Channel Letter: Individual letters constructed to be applied singly in the formation of a Building Mounted Sign or a Freestanding Sign. Channel letters may be illuminated or non-illuminated. Comprehensive Sign Plan: Comprehensive Sign Plans are required in all commercial zoning districts for multi-tenanted buildings or shopping centers. The Comprehensive Sign Plan shall be reviewed and approved by the Zoning Administrator or designee and conform to the sign regulations contained in this chapter. A “multi-tenanted building” is a building complex or center that contains any number of businesses, greater than one, that share the same site, use common points of ingress, and egress to and from the site. Copy: The text, graphics or message of a sign. Direct Illumination: A sign that is constructed with a light source that is externally mounted; also referred to as “exterior illumination.” Directional Sign: A sign, supplying pertinent directional information for the purpose of promoting safety and the flow of vehicular or pedestrian traffic. Directory Sign: A sign listing the names and/or uses, and/or locations of the various tenants or activities within a building, or in a multi-tenant development, or group of buildings. Directory Signs may be constructed as Changeable Copy Signs. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 4 of 45 January 13,34 September 3, 2012 1752356.6 Electronic Message Center: A sign that uses computer-generated or electronic means to change advertising copy, messages or color, including signs that flip or rotate. Face, Letter: The exterior side of an individual letter or individual graphic element. Face, Sign: The area enclosing the copy and graphic components of a sign. Flag: A fabric sheet of square or rectangular or triangular shape which is mounted on a pole. This includes the United States, State, flags for registered corporations and other registered entities, flags of foreign nations, decorative flags, and flags supporting activities of the Fountain Hills Unified School District. Fascia Sign: A sign, which is permanently affixed to the horizontal member or surface at the edge of a projecting or slanting roof. Example Fascia Sign Flashing Sign: A sign with an intermittent, repetitive or flashing light source. Freestanding Sign: A sign that has its own supporting structure independent of the building or business it identifies. Frontage: Building: The linear measurement of an exterior building wall or structure that faces the public roadway. Front Lit Letter: An internally illuminated individual letter or graphic component of a sign that has a translucent face. Fuel Price Sign: A sign displaying the price(s) of fuel. Ground Mounted Sign: A Freestanding Sign with no visible base. Halo Illumination: Wall or Freestanding Signs having the sign lighting constructed so that the light for the entire sign, or the light for each individual component of the sign, is directed against the surface behind the sign or sign component, producing a halo effect. Holiday Window Decorations: The decorative display of holiday themed decorations or window painting. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 5 of 45 January 13,34 September 3, 2012 1752356.6 Identification Sign: A sign which contains only the name of the business, person, organization, place, or building at that location. Ideological Sign: A sign which expresses, conveys, or advocates a non-commercial message. Illuminated Sign: A sign which is lighted, either externally or internally. Internally Illuminated Sign: A sign constructed with a light source behind the face of the sign. Logo: A graphic design representing a product, identity or service. Mansard Roof: A roof style composed of a combination of a steep semi-vertical plane connected to a flatter plane. Any sign proposed for a building with a Mansard Roof shall have the top of the sign mounted no higher than the lowest point of any portion of the roofline. Menu Board: A changeable sign orientated to the drive-thru lane for a business that advertises the menu items or services available from the drive-through window. Mobile Sign: See Portable Sign. Monument Sign: A Ground Mounted Freestanding Sign identifying a subdivision or multiple-occupancy development such as a shopping center, office building or planned industrial park, which has multiple suites, offices or tenants. A Monument Sign shall be a part of the signage regulated by a Comprehensive Sign Plan. Example Monument Sign Town of Fountain Hills Zoning Ordinance Chapter 6 Page 6 of 45 January 13,34 September 3, 2012 1752356.6 Multi-Tenant Building Identification Sign: A sign for a building complex or center that contains any number of businesses, greater than one, that share the same site and use common points of ingress and egress to and from the site. Neon Sign: Any sign that uses neon, argon or any similar gas to illuminate transparent or translucent tubing or other materials, or any use of neon, argon or any similar gas lighting on or near the exterior of a building or window. Open House Directional Sign: A temporary sign with directional arrow, directing pedestrian or vehicular travel to the property or premise for sale, lease or rent. Pan Channel Letter: An individual letter of a sign constructed so that the sides and back of the letter are one unit. Parapet: An extension of a vertical building wall above the line of the structural roof. Parapet Sign: A sign mounted to the face of a building parapet. Pennant: Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in a series and designed to move in the wind. Pennants must not exceed 12 inches in any direction. Pole Mounted Sign: A Freestanding Sign constructed with a support structure that is more than 10% of the height of the total sign and less than 90% of the width of the sign. The sign support structure shall be included in the sign area computation. Political Sign: A sign which identifies a person, expresses a position, conveys a message concerning, or advocates a position on, the candidacy of a person, party or issue on an upcoming ballot. Portable Signs: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of persons or wheels; signs converted to A-frames; menu and sandwich board signs; balloons used as signs; umbrellas for advertising; and signs attached to or painted on vehicles. Example of Portable Sign Town of Fountain Hills Zoning Ordinance Chapter 6 Page 7 of 45 January 13,34 September 3, 2012 1752356.6 Projecting Sign: A sign that extends from a building wall over a property line or right-of-way line. Pylon Sign: See Pole Sign. Real Estate Sign: A sign, attached to the site, advertising the sale, lease or rental of the property or premises on which it is located. Reverse Pan Channel Letter: An individual letter of a sign constructed of an opaque material so that the sides and front of the letter are one unit. Roof Sign: 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 vertical portion of a Mansard Roof shall be considered the roofline. The top of the facia of a hipped 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. Shared Monument Sign: A monument sign displaying (a) the names of participating business within a sign district or (b) the names of businesses on property owned by the holder(s) of a shared monument sign permit. Sign: Any visual element, or combination of elements, including words or symbols, designed or placed to attract attention or convey information, including any device providing identification, advertising or directional information for a specific business, service, product, person, organization, place, or building. Graphic devices such as logos, obtrusive colored facia or architectural elements, banners, balloons, streamers, inflatable structures, exterior merchandise displays, projected picture signs, holographic projection signs and other attention attracting media and devices. Sign District: A group of businesses within a business block, organized for the purpose of designing and installing no more than two shared monument signs to be located within the business block. Sign District Agreement: An agreement between prospective sign district members and the business block property owner(s) in which the shared monument sign will be erected, containing the name of each business and its owner(s) and the business a ddress and telephone number, and evidencing that the sign district members have agreed to the following: (a) The placement of the shared monument sign within the business block; (b) A shared monument sign meeting the requirements of subsection 6.08(BB); Town of Fountain Hills Zoning Ordinance Chapter 6 Page 8 of 45 January 13,34 September 3, 2012 1752356.6 (c) The individual business owners’ and property owner’s respective responsibilities for maintenance, removal and alteration of the shared monument sign; and (d) The individual business owners’ and property owner’s responsibilities in the event that the sign district is dissolved. Sign District Members: Business owners within a sign district. Sign Walker: A person who wears, holds or balances a sign. Temporary Signs: A sign intended to display either commercial or non-commercial messages of a transitory or temporary nature. Portable signs, any sign not permanently embedded in the ground, or signs affixed to a building, wall, fence, or sign structure for a non-permanent time period, are considered temporary signs. Any banner, pennant, poster, balloon, construction sign, political sign or A-frame sign shall be considered a temporary sign. Tent Sign: A temporary sign normally supported by its own frame in a manner that usually forms an “A” when in use; also referred to as a “sandwich” or “A-frame” sign. Under-Canopy Sign: A sign attached to the underside of a canopy, marquee, cantilevered roof or eave or any other surface having an angle plus or minus fifteen (15) degrees from perpendicular to a horizontal overhead structure. Wall Sign: A sign which is fastened to any vertical portion of a building; see also Building Mounted Sign. Window Sign: Any sign, pictures, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is affixed to, or located within any area three feet behind a window pane, positioned to be read from the exterior of a building. Section 6.03 Sign Permits; Fees A. Except as provided herein, it shall be unlawful to erect, install and/or modify any sign within the Town without first applying for and obtaining a sign permit from the Planning and ZoningDevelopment Services Department. “Modify,” as it is used herein, shall mean any change in or to an existing sign, its face, electrical components, design and/or supporting structures. A permit shall not be required for the following signs; provided, however, that such signs shall be subject to any Town of Fountain Hills Zoning Ordinance Chapter 6 Page 9 of 45 January 13,34 September 3, 2012 1752356.6 and all applicable provisions of this ordinance, including Zoning Administrator approval when required: 1. Nameplate signs, four (4) square feet or less in area, which shall contain the name of the business and may contain any or all of the following: street address, hours of operation and business logo. 2. Street addresses. 3. Any sign four (4) square feet or less in area not otherwise prohibited by this ordinance. 4. Repainting without changing wording, composition or colors; or minor nonstructural repairs. 5. Temporary noncommercial signs. 6. Signs not visible from off-site public or private property. 7. Holiday signs permitted by subsection 6.08(Z). 8. Garage sale signs permitted by subsection 6.08(M). 9. Political signs permitted in residential areas by subsection 6.08(R). 10. Window signs on the inside of a window. 11. Signs of less than eight (8) square feet placed on any church property or any sign relating to church operations whichthat is not visible from an adjacent street or property. 12. Signs placed on any school property by the Fountain Hills Unified School District. 13. [Reserved for future Use per Ordinance No. 09-13.]. 14. Signs that relate to a special event, except as required by subsection 6.08(U). 15. Banners, balloons and pennants, except as required by subsection 6.08(D). B. The Town must inspect all signs, prior to installation, for conformance to approved sign permit. If said sign conforms to the approved sign permit, a Town approved sticker will be placed upon the sign; any sign not conforming to the approved sign permit or installed without the indicted approval sticker is considered illegal and is subject to Section 6.06 of this ordinance.16. Changes to a sign panel or copy on an existing sign. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 10 of 45 January 13,34 September 3, 2012 1752356.6 CB. Failure to conform to the conditions of a sign permit, including any conditions and/or stipulations attached thereto by the Town Council and/or Board of Adjustment, shall render such permit void. DC. Fees for sign permits shall be required and payable in such sums as the Town Council may from time to time establish byas part of the Town’s annual budget or by separate resolution. ED. A sign permit does not include 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. Section 6.04 Violations Any of the following shall be a violation of this ordinanceChapter and shall be subject to the enforcement remedies and penalties provided by this section, by the Town of Fountain Hills Zoning Ordinance, 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 lot onwithin which the sign is located. B. To install, create, erect or maintain any sign requiring a permit without such a permit. C. 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 lot on which sign is located.D. To fail to remove any sign that is installed, created, erected or maintained in violation of this ordinance, or for which the sign permit has lapsed. E. If any such violation is continued, then each day of a continued violation shall be considered a separate violation when applying the penalty portions of this ordinanceprovisions set forth in Section 6.05 below. Section 6.05 Penalty The provisionsviolations set forth in Section 6.04 above are declared to be civil in nature and not subject to criminal prosecution pursuant to other provisions of the Zoning Ordinance. It is presumed that. The responsible parties for enforcement purposes are (i) the owner or operator of the business or residence identified on the sign is the responsible party for complianceand (ii) the owner or occupant of the business or residence to which the sign is directing pedestrian or vehicular traffic. Enforcement of violations of this chapter shall be made through the use of a civil complaintthe civil citation process set forth in Subsection 1-8-3 of the Town Code. Fines may be assessed according to the following schedule: Town of Fountain Hills Zoning Ordinance Chapter 6 Page 11 of 45 January 13,34 September 3, 2012 1752356.6 A. First offense, fine not to exceed $25.00100.00 and confiscation of sign(s). B. Second offense within twelve (12) calendar months of first offense, fine not to exceed $50.00500.00 and confiscation of sign(s). C. All subsequent violations within twelve (12) calendar months of the first offense, fine not to exceed $100.00700.00 and confiscation of sign(s). Section 6.06 Enforcement and Remedies Any violation or attempted violation of this ordinance 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 ordinancechapter shall be considered a violation of the Zoning Ordinance. The remedies of the Town shall include, but are not limited to the following: A. Issuing a stop-work order for any and all work on any signs on the same zone lot; B. Confiscation of sign(s); C. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity; D. Imposing any penalties that can be imposed directly by the Town under the Zoning Ordinance; E. Seeking in court the imposition of any penalties that can be imposed by such court under the Zoning Ordinance; and F. 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. 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. 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 6.07 General Regulations Town of Fountain Hills Zoning Ordinance Chapter 6 Page 12 of 45 January 13,34 September 3, 2012 1752356.6 A. Any sign hereafter erected or maintained shall maintain conformance to the provisions of this ordinance and the provisions of the Town of Fountain Hills Building Code. B. No sign, other than an official traffic sign or similar sign, shall be erected within the lines of any street or public right-of-way unless (1) specifically authorized herein, or; (2) authorized by other Town ordinances or regulations; or (3) permitted by special Town authorization. C. No sign, including a temporary signs,sign or sign structure, shall be erected or placed: (1) in a manner that would obscure vehicular visibility; noror (2) at any location where by its position, the shape or color of the sign may interfere with, or obstruct the view of, or be confused with, any authorized traffic sign, signal or device. D. Every sign permitted by this ordinance must be kept in good condition and repair. 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 ordinance, the owner thereof, 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: (1) make such sign conform to the provisions of this ordinance,; or shall(2) remove the sign. If, within ten (10) days, the order is not complied with, the Chief Building Official may remove or cause such sign to be removed at the expense of the owner and/or user of the sign. E. Legal non-conforming signs. 1. Any sign legally existing at the time of the passage of this ordinance that does not conformChapter that, due to changes in this Chapter, no longer conforms in use, location, height or size with the regulations of this ordinanceChapter, shall be considered a protectedlegal non-conforming use and may continue in use until such time as it is removed or it is abandoned for a period of six contiguous months or more continuous months. Except as otherwise set forth in subsectionsparagraphs 6.07(JE)(2) and (Q3) below, any change in the sign, including a 50% or more change of sign copy, shall be considered an abandonment and the protectedlegal non-conforming status of the sign shall become void. 2. Whenever the name of a business or other sign text changes, any legal non-conforming signs on the premises shall be modified to bring them into conformance with this Chapter, even though the change is a change of sign copy only. This paragraph shall not apply to directory signs designed with interchangeable letters or panels or to the text area of a monument sign. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 13 of 45 January 13,34 September 3, 2012 1752356.6 3. Legal non-conforming 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. F. Except whenUnless otherwise allowed, all signsspecifically permitted pursuant to this Chapter, each sign must be located on the lot for which it advertises, informs or otherwise attracts attention. G. Sign areasarea is the sum of the areas of all permitted signs, except directional signs, street addresses or safety signs (e.g., stop engine, no smoking). Sign area shall be measured as follows: 1. SignFor 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 2. SignFor sign copy consisting of individual letters and/or graphics affixed to a wall or portion of a building, which that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy.Sign, the sign area is the area within the smallest rectangle that will enclose the sign copy. Example Sign Area 3. For Sign copy mounted or painted on an internally -illuminated sign or internally -illuminated element of a building.The, the entire internally -illuminated surface or architectural element, which that contains sign copy, will be counted as sign area. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 14 of 45 January 13,34 September 3, 2012 1752356.6 Example Illuminated Sign Area 4. Number of sign faces: One – Area of the single face only. Two – 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. Three or more – For any sign containing three or more faces, the sign area shall be measured as the sum of areas of the all the sign faces. Example Sign Face Area Than 45 Up to 45Greater 2 faces 1 face Three dimensional, sculptural or other non-planar signs – Sign area will be the sum of the areas of the vertical faces of the smallest polyhedron that will encompass the sign structure. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 15 of 45 January 13,34 September 3, 2012 1752356.6 Example Dimensional Sign Area 5. Sign area is the sum of the areas of all permitted signs, except directional signs, street addresses or safety signs (e.g., stop engine, no smoking).6. For signs having more than one component (e.g., a service station identification/price sign combination mounted on a common base), the sign area is the area of the rectangle enclosing all components of the sign. Example Fuel Price Sign Area H. Sign height is defined as follows: 1. Freestanding Sign: Sign height is the distance from the top of the sign structure, 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 2. 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 Town of Fountain Hills Zoning Ordinance Chapter 6 Page 16 of 45 January 13,34 September 3, 2012 1752356.6 Midpoint of SignMidpoint of Sign I. Signs not specifically authorized herein are prohibited, including, but not limited to the following: 1. Neon signs, except as permitted in subsection 6.08(P). 2. Roof signs, or signs that project above the highest point of the roofline, parapet, or fascia of the building. 3. Any sign emitting sound. 4. Any sign with intermittent or flashing illumination, animated or moving signssign, including electronic message center signstelevisions or signs with streaming video. 5. MobilePortable or mobile signs, except for sign walkers or as otherwise specifically permitted. 6. Billboard signs. 7. Non-electrically illuminated signs. 8. Any non-public signs in public right-of-way or on public property except as otherwise allowed. The Town may install signs on its own property to identify public buildings and uses, and to provide necessary traffic control.9. All portable signs, except as otherwise allowed, except as otherwise specifically permitted. 10.9. All off-premise signs, except as otherwise allowed. 11.10. All banners, pennants, streamers, balloons, flags, searchlights, strobe lights, beacons, inflatable signs, except as otherwisespecifically provided for in paragraph 6.08(D) below. 12.11. Any sign imitating an official traffic control sign, and any sign or device obscuring such traffic control signs or devices. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 17 of 45 January 13,34 September 3, 2012 1752356.6 13. No temporary12. Temporary or portable sign shall be permittedsigns within the Shea Boulevard right-of-way. 14. Except13. A-frame signs, except as provided in subsections 6.08(B), 6.08(M) and 6.08(Q), A-frame signs shall not be permitted within the Town of Fountain Hills. J. Whenever the name of a business changes, the signs on the premises shall be modified to bring them into conformance with these regulations, even though the change is a change of sign copy only. This paragraph shall not apply to directory signs designed with interchangeable letters or panels or to the text area of a monument sign. K. Non-conforming 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 building, land or site restored to its original state.L. The source of a sign’s illumination shall not be visible from any adjacent residential streets or neighborhoods. MK. No sign shall be erected or placed within any center median or any public sidewalk or bicycle path. The Town employees may remove any sign located in these areas. Directional signs owned by the Town shall be exempt from thesethe regulations set forth in this Chapter. N. When any window sign or signs are placed so as to attract the attention of persons outside the building where such signs are displayed, the total area of all such window signs shall not exceed 50% of the total area of the windows through which they are visible.L. [Reserved]. OM. Signs mounted, attached or painted on trailers, boats or vehicles shall be subject to the following: 1. 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; provided, however, such off street parking space shall not be located immediately adjacent to a street frontage, except as permitted in subsectionparagraph 6.07(OM)(2) below. Vehicles that are visible from the public right-of-way shall not remain in the same parking space for more than forty-eight (48) consecutive hours. 2. One business or commercial vehicle of less than three and one half (3.5) tons gross vehicle weight and displaying up to twelve (12) square feet of signage may be parked in an off-street parking space near the business to which the vehicle relates and immediately adjacent to a street frontage. Portable signs shall not be displayed on or in the vehicle. Said vehicle shall not remain in the same parking space for more than forty-eight (48) consecutive hours. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 18 of 45 January 13,34 September 3, 2012 1752356.6 3. Trailers, boats or trucks larger than three and one half (3.5) tons, displaying signage or advertising may not be parked within any commercially zoned area within the Town that is visible from any public street except while making deliveries or providing services to a business within such commercially zoned area. 4. One business or commercial vehicle smaller than three and one half (3.5) tons displaying signage or advertising as a normal part of business activity may be parked in an off-street parking space within a residential zone at the residence of the owner or lessee of such vehicle unless otherwise prohibited by subsections 7.02(G) & (H) and 5.14(F) of this Zoning Ordinance. 5. Unless specifically permitted in subsections 6.07(OM)(1)-(4) above, signs mounted, attached or painted on trailers, boats, motor vehicles or any moveable object placed on premises to serve as additional advertising signage are prohibited. PN. Total aggregate sign area may be increased up to 25%, provided the additional area is used to display a Town-provided logo or symbol. Q. The area of the text of a legal nonconforming monument sign shall not be required to be reduced in the event of a change in the sign text. Section 6.08 Signs Allowed or Required Legend: Letters A-FF - BB indicate the sign type permittedfollowing subsection with additional requirements or clarification asof the signs listed byin the Sectionstable below. N/A means not allowed. Zoning District C-OC-C C-1C-2 Commercial C-3 All Single & Multi Family Residential and OSR/ Open Space Recreation IND-1 IND-2INDUSTR IAL L-1 L-2 L-3Lodging Total Aggregate Sign Area A A A N/A A A A-Frame Sign B B B N/A B B Awning/Canopy Sign C C C C C AA C Banners D D D N/A N/A N/A Civic Organization Identification E E E E E N/A E Town of Fountain Hills Zoning Ordinance Chapter 6 Page 19 of 45 January 13,34 September 3, 2012 1752356.6 Zoning District C-OC-C C-1C-2 Commercial C-3 All Single & Multi Family Residential and OSR/ Open Space Recreation IND-1 IND-2INDUSTR IAL L-1 L-2 L-3Lodging Comprehensive Sign Plans Z Z Z N/A Z Z Contractor Signs F F F F F F Directory Signs G G G G G N/A G Event Banners, Balloons and Pennants D D D * D D Flag I I I I I I Freestanding Signs J J J N/A J AA J Fuel Price Signs N/A K K K N/A N/A N/A Future Development Signs L L L L L L Garage Sale Signs M M M M M M Menu Board N/A N N N/A N/A N/A Multi-Tenant Building Identification SignSigns O O O N/A N/A O N/A O Neon Signs P P P N/A P P Open House Directional Signs Q Q Q Q Q N/A Political and Ideological Signs R R R R R R Projecting Signs S S S N/A S AA S Real Estate Signs T T T T T N/A T Shared Monument Signs J J J N/A J J Sign Walkers FFB B FFB B FFB B N/A N/A N/A Special Event SignsSignage U U U U U U Street Addresses DD AA DD AA DD AA DD AA DD AA DD AA Subdivision Identification Signs EE J EE J EE J EE J EE J EE J Temporary Signs V V V V V AA Under-Canopy Signs W V W V W V N/A W V N/A V Wall Signs X W X W X W N/A X W N/A W Town of Fountain Hills Zoning Ordinance Chapter 6 Page 20 of 45 January 13,34 September 3, 2012 1752356.6 Zoning District C-OC-C C-1C-2 Commercial C-3 All Single & Multi Family Residential and OSR/ Open Space Recreation IND-1 IND-2INDUSTR IAL L-1 L-2 L-3Lodging Window Signs Y X Y X Y X N/A N/A X N/A X Window Decorations/Painting (Holiday Theme) Z Y Z Y Z Y Z Y Z Y Z Y Comprehensive Sign Plan BB BB BB N/A BB BB Shared Monument Signs CC CC CC N/A N/A N/A * Specific Regulations Apply A. “Total Aggregate Sign Area” is the sum of the total allowable sign area for an entire site with the following restrictions. As used herein, “Site,” within commercially or industrially zoned area shall mean the building area leased or owned by or on behalf of any business together with its adjacent privately owned walkway or parking area. 1. Frontage is determined by the measurement of the portion of the building facing the street. Corner buildings may include two street frontages if the frontages are joined at an angle between forty-five (45) and ninety (90) degrees. However, the total sign area that is oriented toward a particular street may not exceed 125% of the portion of the lot’s total sign area allocation that is derived from the building frontage on that street. Building frontages that contain angles of less than forty-five (45) degrees or between ninety (90) and one hundred eighty (180) degrees shall be considered to be one frontage. Multi-story building lineal footage is limited to the ground floor lineal footage measurement except as modified by subsection 6.08(A) (5) below. 2. In all commercial and industrial zoning districts, the total aggregate sign area allocable to any ground floor business having an external business entrance shall not exceed the greater of fifty (50) square feet or two (2) square feet per lineal foot of building frontage, but in no case more than one hundred (100) square feet. 3. In all commercial and industrial zoning districts, any licensed business located above the ground floor in a multi-story building having an external building wall facing a public street shall be permitted exterior signage with a total aggregate sign area not to exceed fifty (50) square feet. A business occupying more than one floor is only allowed a sign on one floor. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 21 of 45 January 13,34 September 3, 2012 1752356.6 4. Businesses within any commercial or industrial zoning district having only an internal business entrance and no external wall facing a public street or public access driveway shall be limited to business identification signage on a common directory sign as shown on a comprehensive sign plan, as set forth in subsection 6.08(BB) unless otherwise approved by the Zoning Administrator or an authorized designee. 5. Ground floor businesses having building frontage greater than one hundred (100) feet in length may increase their allowed sign area by 0.5 square feet per one (1) lineal foot of building frontage in excess of one hundred (100) feet. Such additional sign area shall be for the exclusive use of said business and not transferable or reallocable to other businesses on the site. B. A-Frame Signs are allowed as follows: 1. Only businesses that are physically located within Town commercial or industrial zoning districts or churches in residential zoning districts may display A-frame signs. 2. Businesses or churches permitted to display A-frame signs may display a maximum of one such sign per business or church locationstreet frontage. Such signsigns shall be located in the manner required in paragraph 6.08(B)(3) below, either on the same property as the business or church, or on property immediately adjacent to the business or church building as follows: a. On property owned or leased by the business or church.b. On property held in common by members of a property owners’ association. cb. On property owned by the business owner’s landlord. 3. Location of A-frame signs shall be located onlyrestricted as follows: a. Such signsigns shall not be located on the paved portion of any public right-of-waystreet, any sidewalk, or any median. b. Such signsigns shall not be located within a designated parking or loading area. c. Signs shall not be located in a manner that poses a traffic vision hazard. Signs may not be located within the sight triangle as defined in the Town of Fountain Hills Subdivision Ordinance Section III, Exhibit 16. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 22 of 45 January 13,34 September 3, 2012 1752356.6 4. A-frame signs shall be for promotional purposes only, which means that the sign shall serve to stir interest in a business product or special event at the business but shall not serve to provide directions to the business. 5. The text area of A-frame signs may not exceed four and one-half (4.5) square feet. d. A-Frame signs must be placed at least one (1) foot behind the curb. If no curb is present, signs shall be located at least three (3) feet from the edge of the paved portion of the public right-of-way. No A-Frame signs shall be placed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. 6.4. No sign may be greater than twenty-four (24) inches wide and thirty-six (36) inches tall. 7.5. Signs shall be constructed of wrought iron; sheet metal; 1/8 inch thick plastic; or of wood that is at least 3/8 inch thick. No other materials are acceptable. 8.6. Signs must be manufactured by a professional sign company. 9.7. Signs shall be in good repair and neatly painted. 10.8. Attachments to signs are limited to balloons flown no higher than six (6) feet from the ground. If attachments are used, the A-Frame sign must be set back from the curb a minimum of three (3) feet; if no curb is present, the A-Frame sign shall be located at least three (3) feet from the edge of the paved portion of the public right-of-way. 11.9. Landscaping cannot be modified or damaged to accommodate an A -frame sign. 12.10. Signs shall only be displayed between the hours of 75:00 a.m. and 912:00 pa.m. 13.11. No A-frame sign is permitted anywhere within the Town of Fountain Hills after December 31, 2012.2013. C. Awning/Canopy Signs are allowed as follows: 1. Must be included in the total aggregate sign area. 2. May not exceed 25% in area of the canopy on which such sign is located. 3. Sign area shall be measured by the smallest rectangle that will enclose the sign copy. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 23 of 45 January 13,34 September 3, 2012 1752356.6 D. Event Banners, Balloons and Pennants are allowed as follows: 1. Banners shall be allowed onTime limitations: a. On a one-time basis for a maximum of fourteenthirty (1430) consecutive days during the grand opening of a business, a Chamber of Commerce sponsored ribbon cutting, a change in ownership, change in management or change of business name. A banner shall also be allowed for b. For a church for up to thirty (30) consecutive days for the purpose of promoting a program or event. Banners for these purposes require a permit. 2. Balloons and pennants may be displayed for a maximum of twelve (12) consecutive hours during each day during the grand opening of a business, a Chamber of Commerce sponsored ribbon cutting, a change in ownership, change in management or change of business name.3. Banners, balloons and pennants are permitted for events such as special sales events with advance notification to the Town for not more than sixty (60) consecutive hours per month. The provisions of this subsectionparagraph 6.08(D) (32) shall expire on December 31, 2012.2013. 4.3. Not more than one banner shall be allowed per business. 5.4. Maximum banner sign area is thirty-two (32) square feet. 6.5. Banners, balloons or pennants shall be located on the business storefront or within the area leased by the business. Balloons otherwise located shall be not less than four (4) feet from the face of the building and within twenty (20) feet of the main building entrance. 7.6. Banners, balloons or pennants shall not be designed to depict any product notor service that cannot legally available to all residents ofbe provided in the Town. 8.7. Total sign area including permanent signs, pennants and banner signs shall not exceed 200% of the permitted sign area. 9.8. Banners, balloons or pennants shall be professionally manufactured. 10.9. Banners, balloons or pennants shall not be displayed in the required perimeter street landscaping. 11.10. Banners, balloons or pennants shall not obscure building address numbers. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 24 of 45 January 13,34 September 3, 2012 1752356.6 12.11. Banners, balloons or pennants shall not encroach within onsite fire lanes. 13.12. Banners, balloons or pennants shall not be attached or hung on or from a tree or shrub. 14.13. No balloon may be larger than twenty-four (24) inches in diameter. 15.14. Balloons shall not be flown higher than six (6) feet from the ground. 16.15. Banners, balloons and pennants shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, nor 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, signor or device. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 25 of 45 January 13,34 September 3, 2012 1752356.6 *Town notification: Prior to the event, the event organizer must submit for review the following: 1. Event site plan showing location of outdoor activities, signage, etc. 2. Dates and times the event will be held. 3. Name, address, and phone number of responsible person. E. Civic organizations, such as the Kiwanis, Rotary, Jaycees, etc., may be identified on group display structures in accordance with the following standards: 1. Said structure must be on arterial streets. 2. Structures shall not be over six feet in height or exceed an area of sixty (60) square feet. TYPE OF EVENT SIGN TYPE Banners Balloons & Pennants Banners, Pennants, & Balloons & Grand Opening 14 30-Days w/Permit -1. 12 Hrs during one Day Event -2. No Permit Necessary Chamber Ribbon Cutting 14 30-Days w/Permit -1. 12 Hrs during one Day Event -2. No Permit Necessary Change of Business Name, Owner or Management 14 30-Days w/Permit -1. 12 Hrs during one Day Event -2. No Permit Necessary Church Event 30-days w/permit 1.Permit Required Any Type of Event - Sixty (60) consecutive hours - Once; once per month - No Permit Necessary - Town Notification Required * Town of Fountain Hills Zoning Ordinance Chapter 6 Page 26 of 45 January 13,34 September 3, 2012 1752356.6 3. Sign may not be illuminated. 4. Each civic organization shall be limited to a maximum sign area of two square feet. F. Signs for a contractor may be placed on a construction site if signs meet the following criteria: 1. One contractor sign or banner per lot. 2. Subcontractors may not place additional signs but may be listed on a main contractor sign. 3. Maximum size of sign shall not exceed eight (8) square feet. 4. Maximum height of five (5) feet. 5. Sign must be located on construction site. 6. Sign shall not be illuminated. 7. A contractor sign may be placed only during the period of time when a building permit is valid and must be removed no later than the date of final inspection. G. A directory sign may be included as part of a comprehensive sign plan. A directory sign is allowed with the following standards: 1. Maximum sign area of six (6) square feet. 2. Maximum height of six (6) feet. 3. Located behind the required front yard setbacks. H. ([Reserved)] I. Flags, as defined in Section 6.02,this Zoning Ordinance, are allowed as follows: 1. Flags poles shall not exceed the maximum building height allowed in each zoning district and shall be located and constructed that if it should collapse, its reclining length would be contained on the property for which it was installed. 2. Any flag flown in conjunction with the United States or State of Arizona flags shall be flown beneath them. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 27 of 45 January 13,34 September 3, 2012 1752356.6 3. No moreUnless specifically permitted in this Zoning Ordinance, no more one (1) flag may be flown or hung on any one (1) site or structure; provided, however, that one (1) State of Arizona, one (1) foreign national flag, and one (1) Fountain Hills Unified School District flag and one (1) corporate flag shallmay be flown on anyin addition to the one (1) site or structurepermitted flag. 4. The maximum size of any corporate flags shall not exceed fifteen (15) square feet, with no onesingle dimension to exceed six (6) feet in any direction. 5. A sign permit is required to display any corporate flag and must be included as part of the total aggregate sign area. 6. Display of the United States flag must meet all requirements of the United States Flag Code, including national and local lighting standards. 7. A model home that has a special use permit may use flags in addition to the United States flag and State of Arizona flag, in the following manner: a. There can be no more than two (2) flags on the lot of one model home and one (1) flag on each additional lot with a model home located upon it, upnot to aexceed five (5) total of four (4) lots of model homesflags. b. The maximum size of any model home flag shall not exceed eight (8) square feet. c. Model home flags shall not be illuminated. d. Flagpole shall not exceed twenty-five (25) feet in height. 8. No sign permits are required for flags unless otherwise noted. 9. The maximum size of a United States flag, State of Arizona flag or foreign national flag shall be sixty (60) square feet. This limit does not apply to a United States flag or State of Arizona flag flown on a national or state holiday. J. Freestanding signs are allowed as follows: 1. Freestanding signs shall be counted as a portion of the total aggregate sign area except as outlined in subsectionparagraph 6.08(J) (7) below. 2. One freestanding sign is allowed for each street frontage. 3. Maximum area of twenty-fourfifty (2450) square feet. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 28 of 45 January 13,34 September 3, 2012 1752356.6 4. Maximum height of sixtwelve (612) feet (including base). 5. All freestanding signs must be no closer than thirty (30) feet to any residential district. 6. Minimum area of two (2) square feet of landscaping per one (1) square foot of freestanding sign shall be provided at the base of the freestanding sign. 7. A monument sign may be used for buildings with two or more stories, not counted toward total aggregate sign area of first floor signage, as follows:Shared Monument Signs are permitted in sign districts as follows: a. Sign District Formation: A sign district may form to obtain shared monument signs where at least 51% of business owners within a business block, each possessing a valid Town business license, have submitted a sign district agreement to the Zoning Administrator and where the Zoning Administrator has approved the formation of the district. 1. Membership Change: If sign membership changes, the sign district shall file a written notification of membership change and an amended sign district agreement with the Zoning Administrator. Where a sign district member moves out of the sign district or closes its business, the portion of the shared monument sign advertising that business must be removed within thirty (30) days. The portion of the sign dedicated to the vacating sign district member shall be maintained with a blank panel. 2. District Dissolution: If a sign district is dissolved, the property owner(s) of the business block who were participants in the sign district shall be required to remove the shared monument sign unless. i. A new sign district is formed to assume responsibility for the shared monument sign within thirty (30) days from the date of dissolution of the old sign district; or ii. The property owner upon whose property the shared monument sign is located assumes complete control over the shared sign monument. b. Limitations on Shared Monument Signs: 1. Height Restrictions: Town of Fountain Hills Zoning Ordinance Chapter 6 Page 29 of 45 January 13,34 September 3, 2012 1752356.6 i. Where the sign district contains four or fewer businesses, the maximum height of the monument sign shall be six (6) feet. ii. Where the sign district contains five or more businesses, the maximum height of the monument sign shall be eight (8) feet. 2. Width may not exceed four (4) feet. 3. The area of the sign shall not exceed twenty-four (24) square feet. 4. Sign Placement: i. Signs may not be placed within the public right-of-way. ii. Signs must be at least one hundred fifty (150) feet away from any other type of monument sign. iii. Signs must not be placed in a manner that obstructs the vehicular sight lines and road “clear zones” established by the Town Engineer in accordance with traffic engineering standards. 5. The Zoning Administrator or authorized designee may only approve the placement of a shared monument sign in a manner other than as required by this paragraph if a variance has been granted pursuant to Section 2.07 of this Zoning Ordinance. 6. A minimum of two (2) square feet of landscaping per one (1) square foot of the sign shall be provided at the base of the shared monument sign. c. In lieu of the formation of a sign district by business owners, one or more owners of contiguous property that contains more than one (1) business address may submit an application for a shared monument sign. 8. Subdivision Identification Signs are allowed as follows: a. Style, Height and Area. Subdivision identification signs shall be monument signs with the following limitations: 1. Maximum height shall be six (6) feet. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 30 of 45 January 13,34 September 3, 2012 1752356.6 2. Maximum area shall be twenty-four (24) square feet. 3. Maximum of one (1) sign located at each street access to the identified subdivision. 4. Sign text shall be limited to the name of the development or subdivision. b. Sign Placement: 1. Sign shall not be located within the public right-of-way without an encroachment permit. 2. Sign shall not be located so as to obstruct vehicle sight lines and road “clear zones” established by the Town Engineer in accordance with traffic engineering standards. c. Landscaping: 1. 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. 2. Landscaping may be occasionally changed, but shall always be maintained in good condition by the property owner. a. Two story buildings may install a monument sign that is no greater than eight (8) feet in height and a width not to exceed 60% of proposed height. d. Lighting: b. Buildings with three or more stories may install a monument sign that is no greater than ten (10) feet in height and a width not to exceed 40% of proposed height. 1. The text area of the sign may be back-lit such that the source of illumination is not visible; provided, however, that back-lit non-opaque panels are not permitted. 2. The text area of the sign may be illuminated by fully shielded ground mounted directional lighting. K. Fuel price signs are allowed as follows: 1. Fuel price signs shall be counted as a portion of the total aggregate sign area. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 31 of 45 January 13,34 September 3, 2012 1752356.6 2. One freestanding fuel price sign is allowed per street frontage. 3. Maximum area of twelve (12) square feet per sign. 4. Maximum height of five (5) feet. 5. Minimum area of four (4) square feet of landscaping per one square foot of freestanding sign shall be provided at the base of the freestanding sign. L. Future Development Signs announcing the proposed development of property prior to issuance of a building permit for the purpose of displaying the name of the project, contractors, architect and any additional information pertaining to the site on which the signs are located are allowed in accordance with the following: 1. Maximum size shall not exceed thirty-two (32) square feet. 2. Sign shall not be illuminated. 3. Sign may be double faced. 4. One (1) sign per each street on which the development has frontage. 5. Maximum height shall not exceed fivesix (56) feet for all signs. 6. Such signs may be maintained for a period not to exceed twelve (12) months prior to obtaining building permits for a development and must be removed upon issuance of athe first Certificate of Occupancy for a structure on the property. 7. A sign permit must be obtained prior to locating the sign on the site. M. Garage Sale Signs are allowed as follows: 1. Garage sales signs may only be used for garage sales, yard sales and carport sales as outlined in Section 8-3-3 of the Town Code. 2. Garage sale signs must be placed at least threeone (31) feetfoot behind the curb. If no curb is present, signs shall be located at least tenthree (103) feet from the edge of the paved portion of the public right-of-way. No garageGarage sale signsigns shall not be placed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. 3. No garage sale sign shall be permitted within the Shea Boulevard public right-of-way. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 32 of 45 January 13,34 September 3, 2012 1752356.6 4. No garage sale sign shall be located within three hundred (300) feet along the same roadway, as measured along the public right-orof-way line(s), as another sign bearing the same or substantially the same message. 5. There shall not be more than five (5) garage sale signs to any destination. 6. Garage sale signs may only be displayed between sunrise and sunset. Signs remaining in public rights-of-way after sunset, or placed in rights-of-way prior to sunrise, shall be subject to confiscation and destruction by the Town. 7. Maximum size shall not exceed four and one-half (4.5) square feet. Minimum size shall be no less than four (4) square feet. 8. Maximum height shall not exceed three (3) feet. 9. Signs may only be constructed of wrought iron, sheet metal, 1/8-inch thick plastic or of wood that is at least 3/8 of an inch thick. 10. Garage Sale signs shall not be attached to any utility pole or box, light pole, street sign, bus shelter or any structure within the public right-of-way. N. Menu Boards orientated to the drive-thruthrough lane for a business are allowed as follows: 1. Menu board signs shall be counted as a portion of the total aggregate sign area. 2. One freestanding or wall mounted menu board is allowed per business. 3. Menu board signs must be located no less than forty-five (45) feet from any street property line. 4. Maximum area of twenty (20) square feet. 5. Maximum height of five (5) feet. 6. Minimum area of four (4) square feet of landscaping per one square foot of freestanding sign shall be provided at the base of the freestanding sign. 7. Speaker boxes and LED boxes are allowed as follows: a. May not exceed thirty-six (36) cubic feet and four (4) feet in height. b. May not contain advertising of any kind. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 33 of 45 January 13,34 September 3, 2012 1752356.6 c. When installed separately from menu board, square footagespeaker box and LED box sign area will be calculated in addition to total aggregate sign area. 8. Placement of menu boards, speaker boxes and LED boxes must meet the following guidelines: a. Cannot be visible from any public street or alley. b. Must be at least one hundred fifty (150) feet from any residential zoning district or be fully screened from residential view by a masonry wall. O. Multi-Tenant Building Identification Signs are allowed as follows: 1. Sign shall be a wall sign and shall identify only the building or complex. 2. The maximum number of signs for each building shall be one sign. 3. Sign shall be placed on the wall of the building with major street frontage. 4. Maximum area of sign is six (6) inches per lineal foot of building wall with a minimum of twenty-four (24) square feet and a maximum of forty (40) square feet. Lineal footage of building is determined as defined in subsection 6.08(A). P. Neon Signs are allowed only as follows: 1. May only be used as an “Open” sign and/or to show the name and/or the logo of a business. 2. A neon sign does not count toward the total aggregate allowance of sign area for any business.3. Limited to interior window display only (may not be used on exterior of building. 4.2. The total amount of neon signage for any one business shall be six (6) square feet. 5.3. No more than two (2) neon signs shall be allowed for any business. Q. Open House Directional Signs are allowed only as follows: 1. Open house directional signs shall be used only to direct traffic to a residence for sale, lease or rent. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 34 of 45 January 13,34 September 3, 2012 1752356.6 2. Maximum number of directional signs for each residence for sale, lease or rent shall be five (5). 3. Maximum area for each sign shall be foursix (46) square feet. 4. No sign may be greater than twenty-four (24) inches wide and thirty-six (36) inches tall, and the text area on the sign may not exceed four and one-half (4.5) square feet. 5. Signs shall not be illuminated. 6. Sign must contain a directional arrow. 7. Signs shall be placed at least threeone (31) feetfoot behind the curb. If no curb is present, signs shall be located at least tenthree (103) feet from the edge of the paved portion of the public right-of-way. No sign is allowed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. 8. No sign shall be placed within one hundred fifty (150) linear feet of the Shea Boulevard public right-of-way. 9. No sign shall be placed within one hundred fifty (150) linear feet of any traffic control light.10. Signs must be made by a professional sign company. 11.10. Signs shall not be located within one hundred (100) linear feet of, or along the same roadway (as measured along the public right-of-way lines(s), or any sign advertising the same location). 12.11. Sign placement, other than as described above, may be approved by the Zoning Administrator or authorized designee. R. Political and Ideological Signs located in non-residentialideological signs are permitted in commercial zoning districts shall be treated as commercial signs and shall be governed by the sign regulations applicable to the respective zoning district where sign is being located. The combination of commercial, political, and ideological signs shall not exceed the square footage limitations of the respective sign regulations prescribed in this ordinance. In addition to signs already permitted in, subject to the size limitations of the applicable zoning district, but shall not be counted against the total allowable sign area. In residential zoning districts, political and ideological signs may be located in such areas within the following parameters: 1. Maximum aggregate size, per individual candidate or ballot issue, shall not exceed twenty-foursixteen (2416) square feet on any residential lot or parcel. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 35 of 45 January 13,34 September 3, 2012 1752356.6 2. Maximum length shall not exceed six (6) feet. 3. Maximum height shall not exceed four and one-half (4.5) feet. 4. Except as otherwise, permitted in this ordinanceby State Law, no such sign or portion of the sign may be located in or project into a public right-of-way. 5. Political signs in residentially zoned areas shall be erected not more than sixty (60) days prior to the election or referendum on the ballot and shall be removed within tenfifteen (1015) days after saidthe election or referendum for which the signs were posted. Candidates successful in a primary election are permitted to leave their respective political signs in place until ten (10) days after the general election, or if necessary, until ten (10) days after a run-off election. S. Projecting Signs are allowed only as follows: 1. Must be included in the total aggregate square footage. 2. Shall only be permitted if signs are affixed to a building and extend over the abutting Town right-of-way line. 3. Shall not exceed three and one-half (3.5) feet in width or more than six (6) feet in height. 4. Shall not be located any closer than twenty-five (25) feet to another sign developed under these regulations, whether or not they are on the same lot or parcel.5. Shall be located so that the bottom of the sign is not less than eight (8) feet from the ground. 6. Shall not be internally lighted. 7. Shall be limited to not more than two (2) signs per building and not more than one (1) sign per business. 8.5. Shall require both a Town sign permit and, if encroaching over an abutting Town right-of-way line, a revocable Town encroachment permit or other Town Council–granted authorizations in forms approved by the Town Engineer and the Town Attorney. T. Real Estate Signs are allowed as follows and are exempt from the total aggregate signage: 1. Real estate signs may only advertise the sale, leasing or renting of a building, dwelling, suite, property, or other forms of real estate. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 36 of 45 January 13,34 September 3, 2012 1752356.6 2. Real estate signs must be non-illuminated. 3. Maximum sign area of six (6) square feet. 4. Maximum height of five (5) feet. 5. Signs must be made by a professional sign company. 6. No portable A-Frame signs allowed. 7. Signs may only be placed on property that is for sale, lease or rent. 8. Maximum number of signs allowed is one (1) per street frontage. 9. Signs must be removed when the purpose for which the sign was erected is complete. 10. Sign placement, other than as described above, may be approved by the Zoning Administrator or authorized designee. U. Special Event Signage is allowed as follows: 1. A sign placement plan detailing the size, location, and timing of proposed signs to be used for a special event shall be presented with the special event permit application. 2. These signs shall be placed only after a special event permit has been issued by the Town Council and must be removed within twenty-four (24) hours after the conclusion of the event. 3. The regulations in this chapter may be waived by the Town Council for special event sign placement, size, and timing. V. Temporary Signs advertising the sale, leasing or renting of a building, dwelling suite, property, or other forms of real estate shall conform to the following regulations and are exempt from the total aggregate sign area. 1. Non-residential Zoning Districts: Non-illuminated and not exceeding six (6) square feet in aggregate area and eight (8) feet in maximum height. Signs must be professionally made. 2. Residential Zoning Districts: Non-illuminated and not exceeding four (4) square feet in total aggregate area and five (5) feet in maximum height. Signs must be professionally made.W. Under-Canopy Signs are allowed as a part of a comprehensive sign plan and must meet the following requirements: Town of Fountain Hills Zoning Ordinance Chapter 6 Page 37 of 45 January 13,34 September 3, 2012 1752356.6 1. All under-canopy signs require written property owner and Town approval prior to installation. 2. Each business may be allowed one double-faced non-illuminated sign installed under an overhanging canopy or fascia perpendicular to the front of the tenant’s front wall space. 3. Maximum sign width shall not exceed twenty-four (24) inches. 4. Maximum sign height shall not exceed twelve (12) inches. 5. Minimum clearance shall be not less than eight (8) feet six (6) inches from the bottom of the sign to the sidewalk or surface beneath the sign. 6. In no case shall any object, banner, sign or other material be attached to, or hung from the sign. 7. No under-canopy sign shall be mounted in a manner that will impede pedestrian or vehicular visibility or create any hazard. 8. The sign area for the first under-canopy sign shall be excluded from the total aggregate area of a comprehensive sign plan. Businesses with multiple public entrances may be allowed one additional under-canopy sign, subject to property owner and Town approval, but the sign area of the second under-canopy sign will be counted as a part of the business’s total aggregate sign area. 9. Under-canopy signs on property under unified ownership and control shall be consistent in appearance. XW. Wall Signs count as a part of the total aggregate signage and are allowed as follows: 1. One square foot per each lineal foot of building frontage. Frontage is determined by the measurement of the portion of the building facing the street not to exceed aggregate square footage allowed. Corner buildings may include two street frontages if the frontages are joined at an angle between forty-five (45) and ninety (90) degrees. However, the total sign area that is oriented toward a particular street may not exceed 125% of the portion of the lot’s total sign area allocation that is derived from the building frontage on that street. Building frontages that contain angles of less than forty-five (45) degrees or between ninety (90) and one hundred eighty (180) degrees shall be considered to be one frontage. 2. Sign area must allow a minimum two (2) foot border from edge of the building or suite frontage, or a minimum two (2) foot separation between signs, whichever is less. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 38 of 45 January 13,34 September 3, 2012 1752356.6 3. Each wall sign may project no more than twelve (12) inches from the surface of the wall to which it is attached. 4. Reverse pan channel letter with halo illumination must not exceed a one and three-quarter (1.75) inch separation from the wall. 5. In the C-2, C-3, and TCCTCCD zoning districts, a secondary entrance wall sign is allowed in addition to total aggregate sign area if the following criteria are met: a. Wall sign areas shall not exceed 25% of primary total aggregate sign area. b. Secondary entrance must not be visible from main public entrance. c. Secondary entrance must face a rear parking area, common area or public use frontage. YX. Window Signs are allowed as follows: 1. WindowExcept for neon signs as permitted in paragraph 6.08(P) of this Zoning Ordinance, window signs do not count as part of the total aggregate sign area. 2. May not exceed 50% of window area. 3. Window signs shall be prepared by a professional sign company. ZY. Window decorations/painting with a holiday theme are allowed as follows: 1. Holiday decorations may be displayed on a temporary basis for civic, patriotic or religious holidays. 2. The combination of window decoration/painting coverage and signage must not exceed 75% of window area. 3. Window decoration shall not contain any form of advertising copy, including but not limited to, name of business, logo, or sale language or any other form of advertising as outlined in Section 6.02.. 4. Sign permit is not required. AA. There shall be no signage on any lot or parcel within the L-1, L-2 or L-3 zoning districts, except for one freestanding identification sign, regardless of the number of primary or accessory uses on the lot or parcel. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 39 of 45 January 13,34 September 3, 2012 1752356.6 1. Freestanding sign shall have a maximum area of twenty-four (24) square feet. 2. Freestanding sign shall have a maximum height of five (5) feet. 3. Freestanding sign, if over three and one-half (3.5) feet in height, shall not be permitted within the front or street side-yard setback. 4. Freestanding sign shall not be internally illuminated. 5. A landscaped area shall be provided at the base of the freestanding sign, having a minimum landscaped area of four (4) square feet for each square foot of sign area. BBZ. Comprehensive Sign Plans shall meet all sign criteria of the Town. The following elements are required for approval: 1. Name, address and phone number of property owner or designee. 2. Written text clearly outlining the sign plan to include all suites, offices or other leased/leasable space. 3. Name and address of property for which the comprehensive sign plan is designated. 4. Design criteria allowed for signage (i.e. colors, installation method, materials, type of signage, etc.). If it is the intention of the property owner to allow Nationally Recognized Registered Logos, this must be specified in the plan. 5. Site plan showing all lot dimensions, suites, offices or other leased/leasable space and proposed/existing signage placement (drawn to scale). 6. Elevations showing proposed sign envelopes. 7. Lineal footage of building(s) as outlined in subsection 6.08(A). 8. Allocation chart showing allowable square footage for each suite, office or space number. 9. Comprehensive sign plan amendments must be made in writing and submitted, reviewed and approved by the Zoning Administrator or authorized designee. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 40 of 45 January 13,34 September 3, 2012 1752356.6 10. Comprehensive sign plan approval/denial may be appealed to the Town Council. CC. Shared Monument Signs are permitted in sign districts as follows: 1. Sign District Formation: A sign district may form to obtain shared monument signs where at least 51% of business owners within a business block, each possessing valid Town business licenses, have submitted a sign district agreement to the Zoning Administrator and where the Zoning Administrator has approved the formation of the district. a. Membership Change: If sign membership changes, the sign district shall file a written notification of membership change and an amended sign district agreement with the Zoning Administrator. Where a sign district member moves out of the sign district or closes its business, the portion of the shared monument sign advertising that business must be removed within thirty (30) days. The portion of the sign dedicated to the vacating sign district member shall be maintained with a blank panel. b. District Dissolution: If a sign district is dissolved, the property owner(s) of the business block shall be required to remove the shared monuments sign unless: 1) A new sign district is formed to assume responsibility for the shared monument sign within thirty (30) days from the date of dissolution of the old sign district; or 2) The property owner assumes complete control over the shared sign monuments. 2. Limitations on Shared Monument Signs: a. Height restrictions: 1) Where the sign district contains three to four businesses, the maximum height of the monument sign shall be six (6) feet. 2) Where the sign district contains five or more businesses, the maximum height of the monument sign shall be eight (8) feet. b. Width may not exceed four (4) feet. c. The area of the sign shall not exceed twenty-four (24) square feet. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 41 of 45 January 13,34 September 3, 2012 1752356.6 d. Placement: 1) Signs may not be placed within the right-of-way; 2) Signs must be at least one hundred fifty (150) feet away from any other type of monument sign; 3) Signs must not be placed in a manner which obstructs the vehicular sight lines and road “clear” zones” established by the Town Engineer in accordance with traffic engineering standards. e. The Zoning Administrator or authorized designee may approve the placement of a shared monument sign in a manner other than as required by this subsection, provided that a written request has been submitted by the sign district to the Zoning Administrator outlining the reason for the request of alternative placement, including a detailed plan showing the requested area of placement, and where the Zoning Administrator or authorized designee has made the following determinations: 1) A special circumstance or condition exists which does not exist on other properties within the business area; and 2) The alternative placement is necessary to allow the use of a shared monument sign; and 3) The special circumstance or condition is not self-imposed. f. A minimum of two (2) square feet of landscaping per one (1) square foot of the sign shall be provided at the base of the shared monument sign. 3. In lieu of the formation of a sign district by business owners, one or more owners of contiguous property that contains more than one business address may submit an application for a shared monument sign. DDAA. Street Addresses: 1. Every building or group of buildings within any commercially or industrially zoned area must be identified by a street number whichthat is clearly visible from the adjacent street. This sign shall not be computed as part of the total sign area permitted for any site or business. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 42 of 45 January 13,34 September 3, 2012 1752356.6 2. The street number (or number range) of the businesses or business complex identified on a monument sign shall be displayed at the top of the text area of the monument sign and shall not be computed as part of the aggregate sign area. EE. Subdivision Identification Signs are allowed as follows: 1. Style, Height and Area. Subdivision identification sign shall be a monument sign with the following limitations: a. Maximum height shall be six (6) feet. b. Maximum area shall be twenty-four (24) square feet. c. Maximum of one (1) sign located at each street access to the identified subdivision. d. Sign text shall be limited to the name of the development or subdivision. 2. Sign placement. a. Sign shall not be located within the right-of-way without an encroachment permit. b. Sign shall not be located so as to obstruct vehicle sight lines and road “clear zones” established by the Town Engineer in accordance with traffic engineering standards. 3. Landscaping. 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. b. Landscaping may be occasionally changed, but shall always be maintained in good condition by the property owner. 4. Lighting. a. The text area of the sign may be back-lit such that the source of illumination is not visible; provided, however, that back-lit non-opaque panels are not permitted. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 43 of 45 January 13,34 September 3, 2012 1752356.6 b. The text area of the sign may be illuminated by fully shielded ground mounted directional lighting. FFBB. Sign Walkers, in commercially zoned districtdistricts only, subject to the following time, place and manner limitations: 1. Permitted on Fridays and, Saturdays, between the hours of 8 a.m. and 5 p.mSundays. 2. If located within 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. 3. Sign shall not be positioned so as to obstruct vehicle sight lines and road “clear zones” established by the Town Engineer in accordance with traffic engineering standards. 4. Sign walkers shall not obstruct the free movement of pedestrians on sidewalks. 5. Sign walkers are not allowed in the medians of public or private streets. 6. The sign worn, held or balanced by a sign walker shall be a maximum of five (5) square feet in size and may be double sided. Document comparison by Workshare Compare on Thursday, September 06, 2012 11:00:39 AM Input: Document 1 ID file://C:\Users\dkk\Desktop\Chapter 06 MASTER.docx Description Chapter 06 MASTER Document 2 ID interwovenSite://GRPHX_SQL/Phoenix/1752356/6 Description #1752356v6<Phoenix> - CODE - ZO CH 6 Sign Regulations v6 (BR 9.6.12) Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 393 Deletions 475 Moved from 42 Moved to 42 Style change 0 Format changed 0 Total changes 952 1752356.6 TOWN OF FOUNTAIN HILLS SIGN REGULATIONS Town of Fountain Hills Zoning Ordinance September 3, 2012 1752356.6 Chapter 6 SIGN REGULATIONS Sections: 6.01 Purpose 6.02 [Reserved] 6.03 Sign Permits; Fees 6.04 Violations 6.05 Penalty 6.06 Enforcement and Remedies 6.07 General Regulations 6.08 Signs Allowed Town of Fountain Hills Zoning Ordinance Chapter 6 Page 2 of 34 September 3, 2012 1752356.6 Section 6.01 Purpose The regulations set forth in this Chapter are intended to encourage attractive signage for businesses and services, optimizing the availability of information, while promoting the general welfare by creating more aesthetically appealing community. Section 6.02 [Reserved] Section 6.03 Sign Permits; Fees A. Except as provided herein, it shall be unlawful to erect, install and/or modify any sign within the Town without first applying for and obtaining a sign permit from the Development Services Department. “Modify,” as it is used herein, shall mean any change in or to an existing sign, its face, electrical components, design and/or supporting structures. A permit shall not be required for the following signs; provided, however, that such signs shall be subject to any and all applicable provisions of this ordinance, including Zoning Administrator approval when required: 1. Nameplate signs, four (4) square feet or less in area, which shall contain the name of the business and may contain any or all of the following: street address, hours of operation and business logo. 2. Street addresses. 3. Any sign four (4) square feet or less in area not otherwise prohibited by this ordinance. 4. Repainting without changing wording, composition or colors; or minor nonstructural repairs. 5. Temporary noncommercial signs. 6. Signs not visible from off-site public or private property. 7. Holiday signs permitted by subsection 6.08(Z). 8. Garage sale signs permitted by subsection 6.08(M). 9. Political signs. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 3 of 34 September 3, 2012 1752356.6 10. Window signs on the inside of a window. 11. Signs of less than eight (8) square feet placed on any church property or any sign relating to church operations that is not visible from an adjacent street or property. 12. Signs placed on any school property by the Fountain Hills Unified School District. 13. [Reserved]. 14. Signs that relate to a special event, except as required by subsection 6.08(U). 15. Banners, balloons and pennants, except as required by subsection 6.08(D). 16. Changes to a sign panel or copy on an existing sign. B. Failure to conform to the conditions of a sign permit, including any conditions and/or stipulations attached thereto by the Town Council and/or Board of Adjustment, shall render such permit void. C. Fees for sign 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. D. A sign permit does not include 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. Section 6.04 Violations 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, 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. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 4 of 34 September 3, 2012 1752356.6 C. To fail to remove any sign that is installed, created, erected or maintained in violation of this ordinance, or for which the sign permit has lapsed. 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 in Section 6.05 below. Section 6.05 Penalty The violations set forth in Section 6.04 above are declared to be civil in nature. The responsible parties for enforcement purposes are (i) the owner or operator of the business or residence identified on the sign and (ii) the owner or occupant of the business or residence to which the sign is directing pedestrian or vehicular traffic. Enforcement of violations of this chapter shall be made through the use of the civil citation process set forth in Subsection 1-8-3 of the Town Code. Fines may be assessed according to the following schedule: A. First offense, fine not to exceed $100.00 and confiscation of sign(s). B. Second offense within twelve (12) calendar months of first offense, fine not to exceed $500.00 and confiscation of sign(s). C. All subsequent violations within twelve (12) calendar months of the first offense, fine not to exceed $700.00 and confiscation of sign(s). Section 6.06 Enforcement and Remedies Any violation or attempted violation of this ordinance 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 include, but are not limited to the following: A. Issuing a stop-work order for any and all work on any signs on the same lot; B. Confiscation of sign(s); Town of Fountain Hills Zoning Ordinance Chapter 6 Page 5 of 34 September 3, 2012 1752356.6 C. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity; D. Imposing any penalties that can be imposed directly by the Town under the Zoning Ordinance; E. Seeking in court the imposition of any penalties that can be imposed by such court under the Zoning Ordinance; and F. 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. 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 Zo ning Ordinance. 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 6.07 General Regulations A. Any sign hereafter erected or maintained shall maintain conformance to the provisions of this ordinance and the provisions of the Town Code. B. No sign, other than an official traffic sign or similar sign, shall be erected within the lines of any street or public right-of-way unless (1) specifically authorized herein; (2) authorized by other Town ordinances or regulations; or (3) permitted by special Town authorization. C. No sign, including a temporary sign or sign structure, shall be erected or placed: (1) in a manner that would obscure vehicular visibility; or (2) at any location where by its position, the shape or color of the sign may interfere with or obstruct the view of, or be confused with, any authorized traffic sign, signal or device. D. Every sign permitted by this ordinance must be kept in good condition and repair. When any sign becomes in danger of falling, or is Town of Fountain Hills Zoning Ordinance Chapter 6 Page 6 of 34 September 3, 2012 1752356.6 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 ordinance, the owner thereof, 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: (1) make such sign conform to the provisions of this ordinance; or (2) remove the sign. If, within ten (10) days, the order is not complied with, the Chief Building Official may remove or cause such sign to be removed at the expense of the owner and/or user of the sign. E. Legal non-conforming signs. 1. Any sign legally existing at the time of the passage of 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 non-conforming use and may continue in use until such time as it is removed or it is abandoned for a period of six or more continuous months. Except as otherwise set forth in paragraphs 6.07(E)(2) and (3) below, any change in the sign, including a 50% or more change of sign copy, shall be considered an abandonment and the legal non-conforming status of the sign shall become void. 2. Whenever the name of a business or other sign text changes, any legal non-conforming signs on the premises shall be modified to bring them into conformance with this Chapter, even though the change is a change of sign copy only. This paragraph shall not apply to directory signs designed with interchangeable letters or panels or to the text area of a monument sign. 3. Legal non-conforming 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. F. Unless otherwise specifically permitted pursuant to this Chapter, each sign must be located on the lot for which it advertises, informs or otherwise attracts attention. G. Sign area is the sum of the areas of all permitted signs, except directional signs, street addresses or safety signs (e.g., stop engine, no smoking). Sign area shall be measured as follows: Town of Fountain Hills Zoning Ordinance Chapter 6 Page 7 of 34 September 3, 2012 1752356.6 1. 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 2. 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 smallest rectangle that will enclose the sign copy. Example Sign Area 3. 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. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 8 of 34 September 3, 2012 1752356.6 Example Illuminated Sign Area 4. Number of sign faces: One – Area of the single face only. Two – 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. Three or more – For any sign containing three or more faces, the sign area shall be measured as the sum of areas of the all the sign faces. Example Sign Face Area Three dimensional, sculptural or other non-planar signs – Sign area will be the sum of the areas of the vertical faces of the smallest polyhedron that will encompass the sign structure. Than 45 Up to 45Greater 2 faces 1 face Town of Fountain Hills Zoning Ordinance Chapter 6 Page 9 of 34 September 3, 2012 1752356.6 Example Dimensional Sign Area 5. For signs having more than one component (e.g., a service station identification/price sign combination mounted on a common base), the sign area is the area of the rectangle enclosing all components of the sign. Example Fuel Price Sign Area H. Sign height is defined as follows: 1. Freestanding Sign: Sign height is the distance from the top of the sign structure, to the top of curb of the public road nearest the sign, or to the crown of public road neare st the sign if no curb exists. Example Freestanding Sign Height 2. 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. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 10 of 34 September 3, 2012 1752356.6 Example Midpoint of Sign I. Signs not specifically authorized herein are prohibited, including, but not limited to the following: 1. Neon signs, except as permitted in subsection 6.08(P). 2. Roof signs, or signs that project above the highest point of the roofline, parapet, or fascia of the building. 3. Any sign emitting sound. 4. Any animated or moving sign, including televisions or signs with streaming video. 5. Portable or mobile signs, except for sign walkers or as otherwise specifically permitted. 6. Billboard signs. 7. Non-electrically illuminated signs. 8. Any non-public signs in public right-of-way or on public property, except as otherwise specifically permitted. 9. All off-premise signs, except as otherwise allowed. 10. All banners, pennants, streamers, balloons, flags, searchlights, strobe lights, beacons, inflatable signs, except as specifically provided for in paragraph 6.08(D) below. 11. Any sign imitating an official traffic control sign and any sign or device obscuring such traffic control signs or devices. 12. Temporary or portable signs within the Shea Boulevard right-of- way. Midpoint of SignMidpoint of Sign Town of Fountain Hills Zoning Ordinance Chapter 6 Page 11 of 34 September 3, 2012 1752356.6 13. A-frame signs, except as provided in subsections 6.08(B), 6.08(M) and 6.08(Q). J. The source of a sign’s illumination shall not be visible from any adjacent residential streets or neighborhoods. K. No sign shall be erected or placed within any center median or any public sidewalk or bicycle path. The Town employees may remove any sign located in these areas. Directional signs owned by the Town shall be exempt from the regulations set forth in this Chapter. L. [Reserved]. M. Signs mounted, attached or painted on trailers, boats or vehicles shall be subject to the following: 1. 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; provided, however, such off street parking space shall not be located immediately adjacent to a street frontage, except as permitted in paragraph 6.07(M)(2) below. Vehicles that are visible from the public right-of-way shall not remain in the same parking space for more than forty-eight (48) consecutive hours. 2. One business or commercial vehicle of less than three and one half (3.5) tons gross vehicle weight and displaying up to twelve (12) square feet of signage may be parked in an off-street parking space near the business to which the vehicle relates and immediately adjacent to a street frontage. Portable signs shall not be displayed on or in the vehicle. Said vehicle shall not remain in the same parking space for more than forty-eight (48) consecutive hours. 3. Trailers, boats or trucks larger than three and one half (3.5) tons, displaying signage or advertising may not be parked within any commercially zoned area within the Town that is visible from any public street except while making deliveries or providing services to a business within such commercially zoned area. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 12 of 34 September 3, 2012 1752356.6 4. One business or commercial vehicle smaller than three and one half (3.5) tons displaying signage or advertising as a normal part of business activity may be parked in an off-street parking space within a residential zone at the residence of the owner or lessee of such vehicle unless otherwise prohibited by subsections 7.02(G) & (H) and 5.14(F) of this Zoning Ordinance. 5. Unless specifically permitted in subsections 6.07(M)(1)-(4) above, signs mounted, attached or painted on trailers, boats, motor vehicles or any moveable object placed on premises to serve as additional advertising signage are prohibited. N. Total aggregate sign area may be increased up to 25%, provided the additional area is used to display a Town-provided logo or symbol. Section 6.08 Signs Allowed or Required Legend: Letters A - BB indicate the following subsection with additional requirements or clarification of the signs listed in the table below. N/A means not allowed. Zoning District Commercial Residential/ Open Space Recreation INDUSTRIAL Lodging Total Aggregate Sign Area A A A N/A A A A-Frame Sign B B B N/A B B Awning/Canopy Sign C C C C C C Civic Organization Identification E E E E E E Comprehensive Sign Plans Z Z Z N/A Z Z Contractor Signs F F F F F F Directory Signs G G G G G G Event Banners, Balloons and Pennants D D D * D D Flag I I I I I I Freestanding Signs J J J N/A J J Fuel Price Signs K K K N/A N/A N/A Future Development Signs L L L L L L Garage Sale Signs M M M M M M Town of Fountain Hills Zoning Ordinance Chapter 6 Page 13 of 34 September 3, 2012 1752356.6 Zoning District Commercial Residential/ Open Space Recreation INDUSTRIAL Lodging Menu Board N N N N/A N/A N/A Multi-Tenant Building Identification Signs O O O N/A O O Neon Signs P P P N/A P P Open House Directional Signs Q Q Q Q Q N/A Political and Ideological Signs R R R R R R Projecting Signs S S S N/A S S Real Estate Signs T T T T T T Shared Monument Signs J J J N/A J J Sign Walkers BB BB BB N/A N/A N/A Special Event Signage U U U U U U Street Addresses AA AA AA AA AA AA Subdivision Identification Signs J J J J J J Under-Canopy Signs V V V N/A V V Wall Signs W W W N/A W W Window Signs X X X N/A X X Window Decorations/Painting (Holiday Theme) Y Y Y Y Y Y * Specific Regulations Apply A. “Total Aggregate Sign Area” is the sum of the total allowable sign area for an entire site with the following restrictions. As used herein, “Site,” within commercially or industrially zoned area shall mean the building area leased or owned by or on behalf of any business together with its adjacent privately owned walkway or parking area. 1. Frontage is determined by the measurement of the portion of the building facing the street. Corner buildings may include two street frontages if the frontages are joined at an angle between forty-five (45) and ninety (90) degrees. Building frontages that contain angles of less than forty-five (45) degrees or between ninety (90) and one hundred eighty (180) degrees shall be Town of Fountain Hills Zoning Ordinance Chapter 6 Page 14 of 34 September 3, 2012 1752356.6 considered to be one frontage. Multi-story building lineal footage is limited to the ground floor lineal footage measurement except as modified by subsection 6.08(A) (5) below. 2. In all commercial and industrial zoning districts, the total aggregate sign area allocable to any ground floor business having an external business entrance shall not exceed the greater of fifty (50) square feet or two (2) square feet per lineal foot of building frontage, but in no case more than one hundred (100) square feet. 3. In all commercial and industrial zoning districts, any licensed business located above the ground floor in a multi -story building having an external building wall facing a public street shall be permitted exterior signage with a total aggregate sign area not to exceed fifty (50) square feet. A business occupying more than one floor is only allowed a sign on one floor. 4. Businesses within any commercial or industrial zoning district having only an internal business entrance and no external wall facing a public street or public access driveway shall be limited to business identification signage on a common directory sign as shown on a comprehensive sign plan, as set forth in subsection 6.08(BB) unless otherwise approved by the Zoning Administrator or an authorized designee. 5. Ground floor businesses having building frontage greater than one hundred (100) feet in length may increase their allowed sign area by 0.5 square feet per one (1) lineal foot of building frontage in excess of one hundred (100) feet. Such additional sign area shall be for the exclusive use of said business and not transferable or reallocable to other businesses on the site. B. A-Frame Signs are allowed as follows: 1. Only businesses that are physically located within Town commercial or industrial zoning districts or churches in residential zoning districts may display A-frame signs. 2. Businesses or churches permitted to display A-frame signs may display a maximum of one such sign per street frontage. Such signs shall be located in the manner required in paragraph 6.08(B)(3) below, either on the same property as the Town of Fountain Hills Zoning Ordinance Chapter 6 Page 15 of 34 September 3, 2012 1752356.6 business or church, or on property immediately adjacent to the business or church building as follows: a. On property held in common by members of a property owners’ association. b. On property owned by the business owner’s landlord. 3. Location of A-frame signs shall be restricted as follows: a. Such signs shall not be located on the paved portion of any public street, any sidewalk, or any median. b. Such signs shall not be located within a designated parking or loading area. c. Signs shall not be located in a manner that poses a traffic vision hazard. Signs may not be located within the sight triangle as defined in the Town of Fountain Hills Subdivision Ordinance Section III, Exhibit 16. d. A-Frame signs must be placed at least one (1) foot behind the curb. If no curb is present, signs shall be located at least three (3) feet from the edge of the paved portion of the public right-of-way. No A-Frame signs shall be placed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. 4. No sign may be greater than twenty-four (24) inches wide and thirty-six (36) inches tall. 5. Signs shall be constructed of wrought iron; sheet metal; 1/8 inch thick plastic; or of wood that is at least 3/8 inch thick. No other materials are acceptable. 6. Signs must be manufactured by a professional sign company. 7. Signs shall be in good repair. 8. Attachments to signs are limited to balloons flown no higher than six (6) feet from the ground. If attachments are used, the A- Frame sign must be set back from the curb a minimum of three (3) feet; if no curb is present, the A-Frame sign shall be located Town of Fountain Hills Zoning Ordinance Chapter 6 Page 16 of 34 September 3, 2012 1752356.6 at least three (3) feet from the edge of the paved portion of the public right-of-way. 9. Landscaping cannot be modified or damaged to accommodate an A-frame sign. 10. Signs shall only be displayed between the hours of 5:00 a.m. and 12:00 a.m. 11. No A-frame sign is permitted anywhere within the Town of Fountain Hills after December 31, 2013. C. Awning/Canopy Signs are allowed as follows: 1. Must be included in the total aggregate sign area. 2. May not exceed 25% in area of the canopy on which such sign is located. 3. Sign area shall be measured by the smallest rectangle that will enclose the sign copy. D. Event Banners, Balloons and Pennants are allowed as follows: 1. Time limitations: a. On a one-time basis for a maximum of thirty (30) consecutive days during the grand opening of a business, a Chamber of Commerce sponsored ribbon cutting, a change in ownership, change in management or change of business name. b. For a church for up to thirty (30) consecutive days for the purpose of promoting a program or event. Banners for these purposes require a permit. 2. Banners, balloons and pennants are permitted for events such as special sales events with advance notification to the Town for not more than sixty (60) consecutive hours per month. The provisions of this paragraph 6.08(D)(2) shall expire on December 31, 2013. 3. Not more than one banner shall be allowed per business. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 17 of 34 September 3, 2012 1752356.6 4. Maximum banner sign area is thirty-two (32) square feet. 5. Banners, balloons or pennants shall be located on the business storefront or within the area leased by the business. Balloons otherwise located shall be not less than four (4) feet from the face of the building and within twenty (20) feet of the main building entrance. 6. Banners, balloons or pennants shall not be designed to depict any product or service that cannot legally be provided in the Town. 7. Total sign area including permanent signs, pennants and banner signs shall not exceed 200% of the permitted sign area. 8. Banners, balloons or pennants shall be professionally manufactured. 9. Banners, balloons or pennants shall not be displayed in the required perimeter street landscaping. 10. Banners, balloons or pennants shall not obscure building address numbers. 11. Banners, balloons or pennants shall not encroach within onsite fire lanes. 12. Banners, balloons or pennants shall not be attached or hung on or from a tree or shrub. 13. No balloon may be larger than twenty-four (24) inches in diameter. 14. Balloons shall not be flown higher than six (6) feet from the ground. 15. Banners, balloons and pennants shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, nor 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. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 18 of 34 September 3, 2012 1752356.6 *Town notification: Prior to the event, the event organizer must submit for review the following: 1. Event site plan showing location of outdoor activities, signage, etc. 2. Dates and times the event will be held. 3. Name, address, and phone number of responsible person. E. Civic organizations, such as the Kiwanis, Rotary, Jaycees, etc., may be identified on group display structures in accordance with the following standards: 1. Said structure must be on arterial streets. TYPE OF EVENT SIGN TYPE Banners Balloons & Pennants Banners, Pennants & Balloons Grand Opening 30-Days w/Permit 1. 12 Hrs during one Day Event 2. No Permit Necessary Chamber Ribbon Cutting 30-Days w/Permit 1. 12 Hrs during one Day Event 2. No Permit Necessary Change of Business Name, Owner or Management 30-Days w/Permit 1. 12 Hrs during one Day Event 2. No Permit Necessary Church Event 30-days w/permit 1.Permit Required Any Type of Event - Sixty (60) consecutive hours; once per month - No Permit Necessary - Town Notification Required * Town of Fountain Hills Zoning Ordinance Chapter 6 Page 19 of 34 September 3, 2012 1752356.6 2. Structures shall not be over six feet in height or exceed an area of sixty (60) square feet. 3. Sign may not be illuminated. 4. Each civic organization shall be limited to a maximum sign area of two square feet. F. Signs for a contractor may be placed on a construction site if signs meet the following criteria: 1. One contractor sign or banner per lot. 2. Subcontractors may not place additional signs but may be listed on a main contractor sign. 3. Maximum size of sign shall not exceed eight (8) square feet. 4. Maximum height of five (5) feet. 5. Sign must be located on construction site. 6. Sign shall not be illuminated. 7. A contractor sign may be placed only during the period of time when a building permit is valid and must be removed no later than the date of final inspection. G. A directory sign may be included as part of a comprehensive sign plan. A directory sign is allowed with the following standards: 1. Maximum sign area of six (6) square feet. 2. Maximum height of six (6) feet. 3. Located behind the required front yard setbacks. H. [Reserved] I. Flags, as defined in this Zoning Ordinance, are allowed as follows: 1. Flags poles shall not exceed the maximum building height allowed in each zoning district and shall be located and Town of Fountain Hills Zoning Ordinance Chapter 6 Page 20 of 34 September 3, 2012 1752356.6 constructed that if it should collapse, its reclining length would be contained on the property for which it was installed. 2. Any flag flown in conjunction with the United States or State of Arizona flags shall be flown beneath them. 3. Unless specifically permitted in this Zoning Ordinance, no more one (1) flag may be flown or hung on any one (1) site or structure; provided, however, that one (1) State of Arizona, one (1) foreign national flag, and one (1) Fountain Hills Unified School District flag may be flown in addition to the one (1) permitted flag. 4. The maximum size of any corporate flags shall not exceed fifteen (15) square feet, with no single dimension to exceed six (6) feet. 5. A sign permit is required to display any corporate flag and must be included as part of the total aggregate sign area. 6. Display of the United States flag must meet all requirements of the United States Flag Code, including national and local lighting standards. 7. A model home that has a special use permit may use flags in addition to the United States flag and State of Arizona flag, in the following manner: a. There can be no more than two (2) flags on the lot of one model home and one (1) flag on each additional lot with a model home located upon it, not to exceed five (5) total flags. b. The maximum size of any model home flag shall not exceed eight (8) square feet. c. Model home flags shall not be illuminated. d. Flagpole shall not exceed twenty-five (25) feet in height. 8. No sign permits are required for flags unless otherwise noted. 9. The maximum size of a United States flag, State of Arizona flag or foreign national flag shall be sixty (60) square feet. This limit Town of Fountain Hills Zoning Ordinance Chapter 6 Page 21 of 34 September 3, 2012 1752356.6 does not apply to a United States flag or State of Arizona flag flown on a national or state holiday. J. Freestanding signs are allowed as follows: 1. Freestanding signs shall be counted as a portion of the total aggregate sign area except as outlined in paragraph 6.08(J) (7) below. 2. One freestanding sign is allowed for each street frontage. 3. Maximum area of fifty (50) square feet. 4. Maximum height of twelve (12) feet (including base). 5. All freestanding signs must be no closer than thirty (30) feet to any residential district. 6. Minimum area of two (2) square feet of landscaping per one (1) square foot of freestanding sign shall be provided at the base of the freestanding sign. 7. Shared Monument Signs are permitted in sign districts as follows: a. Sign District Formation: A sign district may form to obtain shared monument signs where at least 51% of business owners within a business block, each possessing a valid Town business license, have submitted a sign district agreement to the Zoning Administr ator and where the Zoning Administrator has approved the formation of the district. 1. Membership Change: If sign membership changes, the sign district shall file a written notification of membership change and an amended sign district agreement with the Zoning Administrator. Where a sign district member moves out of the sign district or closes its business, the portion of the shared monument sign advertising that business must be removed within thirty (30) days. The portion of the sign dedicated to the vacating sign district member shall be maintained with a blank panel. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 22 of 34 September 3, 2012 1752356.6 2. District Dissolution: If a sign district is dissolved, the property owner(s) of the business block who were participants in the sign district shall be required to remove the shared monument sign unless. i. A new sign district is formed to assume responsibility for the shared monument sign within thirty (30) days from the date of dissolution of the old sign district; or ii. The property owner upon whose property the shared monument sign is located assumes complete control over the shared sign monument. b. Limitations on Shared Monument Signs: 1. Height Restrictions: i. Where the sign district contains four or fewer businesses, the maximum height of the monument sign shall be six (6) feet. ii. Where the sign district contains five or more businesses, the maximum height of the monument sign shall be eight (8) feet. 2. Width may not exceed four (4) feet. 3. The area of the sign shall not exceed twenty-four (24) square feet. 4. Sign Placement: i. Signs may not be placed within the public right-of-way. ii. Signs must be at least one hundred fifty (150) feet away from any other type of monument sign. iii. Signs must not be placed in a manner that obstructs the vehicular sight lines and road “clear zones” established by the Town Engineer Town of Fountain Hills Zoning Ordinance Chapter 6 Page 23 of 34 September 3, 2012 1752356.6 in accordance with traffic engineering standards. 5. The Zoning Administrator or authorized designee may only approve the placement of a shared monument sign in a manner other than as required by this paragraph if a variance has been granted pursuant to Section 2.07 of this Zoning Ordinance. 6. A minimum of two (2) square feet of landscaping per one (1) square foot of the sign shall be provided at the base of the shared monument sign. c. In lieu of the formation of a sign district by business owners, one or more owners of contiguous property that contains more than one (1) business address may submit an application for a shared monument sign. 8. Subdivision Identification Signs are allowed as follows: a. Style, Height and Area. Subdivision identification signs shall be monument signs with the following limitations: 1. Maximum height shall be six (6) feet. 2. Maximum area shall be twenty-four (24) square feet. 3. Maximum of one (1) sign located at each street access to the identified subdivision. 4. Sign text shall be limited to the name of the development or subdivision. b. Sign Placement: 1. Sign shall not be located within the public right-of- way without an encroachment permit. 2. Sign shall not be located so as to obstruct vehicle sight lines and road “clear zones” established by the Town Engineer in accordance with traffic engineering standards. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 24 of 34 September 3, 2012 1752356.6 c. Landscaping: 1. 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. 2. Landscaping may be occasionally changed, but shall always be maintained in good condition by the property owner. d. Lighting: 1. The text area of the sign may be back-lit such that the source of illumination is not visible; provided, however, that back-lit non-opaque panels are not permitted. 2. The text area of the sign may be illuminated by fully shielded ground mounted directional lighting. K. Fuel price signs are allowed as follows: 1. Fuel price signs shall be counted as a portion of the total aggregate sign area. 2. One freestanding fuel price sign is allowed per street frontage. 3. Maximum area of twelve (12) square feet per sign. 4. Maximum height of five (5) feet. 5. Minimum area of four (4) square feet of landscaping per one square foot of freestanding sign shall be provided at the base of the freestanding sign. L. Future Development Signs announcing the proposed development of property prior to issuance of a building permit for the purpose of displaying the name of the project, contractors, architect and any additional information pertaining to the site on which the signs are located are allowed in accordance with the following: 1. Maximum size shall not exceed thirty-two (32) square feet. 2. Sign shall not be illuminated. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 25 of 34 September 3, 2012 1752356.6 3. Sign may be double faced. 4. One (1) sign per each street on which the development has frontage. 5. Maximum height shall not exceed six (6) feet for all signs. 6. Such signs may be maintained for a period not to exceed twelve (12) months prior to obtaining building permits for a development and must be removed upon issuance of the first Certificate of Occupancy for a structure on the property. 7. A sign permit must be obtained prior to locating the sign on the site. M. Garage Sale Signs are allowed as follows: 1. Garage sales signs may only be used for garage sales, yard sales and carport sales as outlined in Section 8-3-3 of the Town Code. 2. Garage sale signs must be placed at least one (1) foot behind the curb. If no curb is present, signs shall be located at least three (3) feet from the edge of the paved portion of the public right-of-way. Garage sale signs shall not be placed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. 3. No garage sale sign shall be permitted within the Shea Boulevard public right-of-way. 4. No garage sale sign shall be located within three hundred (300) feet along the same roadway, as measured along the public right-of-way line(s), as another sign bearing the same or substantially the same message. 5. There shall not be more than five (5) garage sale signs to any destination. 6. Garage sale signs may only be displayed between sunrise and sunset. Signs remaining in public rights-of-way after sunset, or placed in rights-of-way prior to sunrise, shall be subject to confiscation and destruction by the Town. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 26 of 34 September 3, 2012 1752356.6 7. Maximum size shall not exceed four and one-half (4.5) square feet. 8. Maximum height shall not exceed three (3) feet. 9. Signs may only be constructed of wrought iron, sheet metal, plastic or of wood that is at least 3/8 of an inch thick. 10. Garage Sale signs shall not be attached to any utility pole or box, light pole, street sign, bus shelter or any structure within the public right-of-way. N. Menu Boards orientated to the drive-through lane for a business are allowed as follows: 1. Menu board signs shall be counted as a portion of the total aggregate sign area. 2. One freestanding or wall mounted menu board is allowed per business. 3. Menu board signs must be located no less than forty-five (45) feet from any street property line. 4. Maximum area of twenty (20) square feet. 5. Maximum height of five (5) feet. 6. Minimum area of four (4) square feet of landscaping per one square foot of freestanding sign shall be provided at the base of the freestanding sign. 7. Speaker boxes and LED boxes are allowed as follows: a. May not exceed thirty-six (36) cubic feet and four (4) feet in height. b. May not contain advertising of any kind. c. When installed separately from menu board, speaker box and LED box sign area will be calculated in addition to total aggregate sign area. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 27 of 34 September 3, 2012 1752356.6 8. Placement of menu boards, speaker boxes and LED boxes must meet the following guidelines: a. Cannot be visible from any public street or alley. b. Must be at least one hundred fifty (150) feet from any residential zoning district or be fully screened from residential view by a masonry wall. O. Multi-Tenant Building Identification Signs are allowed as follows: 1. Sign shall be a wall sign and shall identify only the building or complex. 2. The maximum number of signs for each building shall be one sign. 3. Sign shall be placed on the wall of the building with major street frontage. 4. Maximum area of sign is six (6) inches per lineal foot of building wall with a minimum of twenty-four (24) square feet and a maximum of forty (40) square feet. Lineal footage of building is determined as defined in subsection 6.08(A). P. Neon Signs are allowed only as follows: 1. Limited to interior window display only (may not be used on exterior of building. 2. The total amount of neon signage for any one business shall be six (6) square feet. 3. No more than two (2) neon signs shall be allowed for any business. Q. Open House Directional Signs are allowed only as follows: 1. Open house directional signs shall be used only to direct traffic to a residence for sale, lease or rent. 2. Maximum number of directional signs for each residence for sale, lease or rent shall be five (5). Town of Fountain Hills Zoning Ordinance Chapter 6 Page 28 of 34 September 3, 2012 1752356.6 3. Maximum area for each sign shall be six (6) square feet. 4. No sign may be greater than twenty-four (24) inches wide and thirty-six (36) inches tall. 5. Signs shall not be illuminated. 6. Sign must contain a directional arrow. 7. Signs shall be placed at least one (1) foot behind the curb. If no curb is present, signs shall be located at least three (3) feet from the edge of the paved portion of the public right-of-way. No sign is allowed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. 8. No sign shall be placed within one hundred fifty (150) linear feet of the Shea Boulevard public right-of-way. 9. Signs must be made by a professional sign company. 10. Signs shall not be located within one hundred (100) linear feet of any sign advertising the same location. 11. Sign placement, other than as described above, may be approved by the Zoning Administrator or authorized designee. R. Political and ideological signs are permitted in commercial zoning districts, subject to the size limitations of the applicable zoning district, but shall not be counted against the total allowable sign area. I n residential zoning districts, political and ideological signs may be located in such areas within the following parameters: 1. Maximum aggregate size, per individual candidate or ballot issue, shall not exceed sixteen (16) square feet on any residential lot or parcel. 2. Maximum length shall not exceed six (6) feet. 3. Maximum height shall not exceed four and one-half (4.5) feet. 4. Except as otherwise permitted by State Law, no such sign or portion of the sign may be located in or project into a public right-of-way. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 29 of 34 September 3, 2012 1752356.6 Political signs shall be removed within fifteen (15) days after the election or referendum for which the signs were posted. Candidates successful in a primary election are permitted to leave their respective political signs in place until ten (10) days after the general election, or if necessary, until ten (10) days after a run-off election. S. Projecting Signs are allowed only as follows: 1. Must be included in the total aggregate square footage. 2. Shall only be permitted if signs are affixed to a building. 3. Shall not exceed three and one-half (3.5) feet in width or more than six (6) feet in height. 4. Shall be located so that the bottom of the sign is not less than eight (8) feet from the ground. 5. Shall require both a Town sign permit and, if encroaching over an abutting Town right-of-way line, a revocable Town encroachment permit or other Town Council–granted authorizations in forms approved by the Town Engineer and the Town Attorney. T. Real Estate Signs are allowed as follows and are exempt from the total aggregate signage: 1. Real estate signs may only advertise the sale, leasing or renting of a building, dwelling, suite, property, or other forms of real estate. 2. Real estate signs must be non-illuminated. 3. Maximum sign area of six (6) square feet. 4. Maximum height of five (5) feet. 5. Signs must be made by a professional sign company. 6. No A-Frame signs allowed. 7. Signs may only be placed on property that is for sale, lease or rent. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 30 of 34 September 3, 2012 1752356.6 8. Maximum number of signs allowed is one (1) per street frontage. 9. Signs must be removed when the purpose for which the sign was erected is complete. 10. Sign placement, other than as described above, may be approved by the Zoning Administrator or authorized designee. U. Special Event Signage is allowed as follows: 1. A sign placement plan detailing the size, location, and timing of proposed signs to be used for a special event shall be presented with the special event permit application. 2. These signs shall be placed only after a special event permit has been issued by the Town and must be removed within twenty- four (24) hours after the conclusion of the event. 3. The regulations in this chapter may be waived by the Town Council for special event sign placement, size, and timing. V. Under-Canopy Signs are allowed as a part of a comprehensive sign plan and must meet the following requirements: 1. All under-canopy signs require written property owner and Town approval prior to installation. 2. Each business may be allowed one double-faced non-illuminated sign installed under an overhanging canopy or fascia perpendicular to the front of the tenant’s front wall space. 3. Maximum sign width shall not exceed twenty-four (24) inches. 4. Maximum sign height shall not exceed twelve (12) inches. 5. Minimum clearance shall be not less than eight (8) feet six (6) inches from the bottom of the sign to the sidewalk or surface beneath the sign. 6. In no case shall any object, banner, sign or other material be attached to, or hung from the sign. 7. No under-canopy sign shall be mounted in a manner that will impede pedestrian or vehicular visibility or create any hazard. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 31 of 34 September 3, 2012 1752356.6 8. The sign area for the first under-canopy sign shall be excluded from the total aggregate area of a comprehensive sign plan. Businesses with multiple public entrances may be allowed one additional under-canopy sign, subject to property owner and Town approval, but the sign area of the second under-canopy sign will be counted as a part of the business’s total aggregate sign area. 9. Under-canopy signs on property under unified ownership and control shall be consistent in appearance. W. Wall Signs count as a part of the total aggregate signage and are allowed as follows: 1. One square foot per each lineal foot of building frontage. Frontage is determined by the measurement of the portion of the building facing the street not to exceed aggregate square footage allowed. Corner buildings may include two street frontages if the frontages are joined at an angle between forty- five (45) and ninety (90) degrees. However, the total sign area that is oriented toward a particular street may not exceed 125% of the portion of the lot’s total sign area allocation that is derived from the building frontage on that street. Building frontages that contain angles of less than forty-five (45) degrees or between ninety (90) and one hundred eighty (180) degrees shall be considered to be one frontage. 2. Sign area must allow a minimum two (2) foot border from edge of the building or suite frontage, or a minimum two (2) foot separation between signs, whichever is less. 3. Each wall sign may project no more than twelve (12) inches from the surface of the wall to which it is attached. 4. Reverse pan channel letter with halo illumination must not exceed a one and three-quarter (1.75) inch separation from the wall. 5. In the C-2, C-3, and TCCD zoning districts, a secondary entrance wall sign is allowed in addition to total aggregate sign area if the following criteria are met: Town of Fountain Hills Zoning Ordinance Chapter 6 Page 32 of 34 September 3, 2012 1752356.6 a. Wall sign areas shall not exceed 25% of primary total aggregate sign area. b. Secondary entrance must not be visible from main public entrance. c. Secondary entrance must face a rear parking area, common area or public use frontage. X. Window Signs are allowed as follows: 1. Except for neon signs as permitted in paragraph 6.08(P) of this Zoning Ordinance, window signs do not count as part of the total aggregate sign area. 2. May not exceed 50% of window area. 3. Window signs shall be prepared by a professional sign company. Y. Window decorations/painting with a holiday theme are allowed as follows: 1. Holiday decorations may be displayed on a temporary basis for civic, patriotic or religious holidays. 2. The combination of window decoration/painting coverage and signage must not exceed 75% of window area. 3. Window decoration shall not contain any form of advertising copy, including but not limited to, name of business, logo or sale language. 4. Sign permit is not required. Z. Comprehensive Sign Plans shall meet all sign criteria of the Town. The following elements are required for approval: 1. Name, address and phone number of property owner or designee. 2. Written text clearly outlining the sign plan to include all suites, offices or other leased/leasable space. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 33 of 34 September 3, 2012 1752356.6 3. Name and address of property for which the comprehensive sign plan is designated. 4. Design criteria allowed for signage (i.e. colors, installation method, materials, type of signage, etc.). If it is the intention of the property owner to allow Nationally Recognized Registered Logos, this must be specified in the plan. 5. Site plan showing all lot dimensions, suites, offices or other leased/leasable space and proposed/existing signage placement (drawn to scale). 6. Elevations showing proposed sign envelopes. 7. Lineal footage of building(s) as outlined in subsection 6.08(A). 8. Allocation chart showing allowable square footage for each suite, office or space number. 9. Comprehensive sign plan amendments must be made in writing and submitted, reviewed and approved by the Zoning Administrator or authorized designee. 10. Comprehensive sign plan approval/denial may be appealed to the Town Council. AA. Street Addresses: 1. Every building or group of buildings within any commercially or industrially zoned area must be identified by a street number that is clearly visible from the adjacent street. This sign shall not be computed as part of the total sign area permitted for any site or business. 2. The street number (or number range) of the businesses or business complex identified on a monument sign shall be displayed at the top of the text area of the monument sign and shall not be computed as part of the aggregate sign area. BB. Sign Walkers, in commercially zoned districts only, subject to the following time, place and manner limitations: 1. Permitted on Fridays, Saturdays and Sundays. Town of Fountain Hills Zoning Ordinance Chapter 6 Page 34 of 34 September 3, 2012 1752356.6 2. If located within 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. 3. Sign shall not be positioned so as to obstruct vehicle sight lines and road “clear zones” established by the Town Engineer in accordance with traffic engineering standards. 4. Sign walkers shall not obstruct the free movement of pedestrians on sidewalks. 5. Sign walkers are not allowed in the medians of public or private streets. 6. The sign worn, held or balanced by a sign walker shall be a maximum of five (5) square feet in size and may be double sided.