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NOTICE OF THE SPECIAL AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:00 P.M. – SPECIAL SESSION 6:30 P.M. – REGULAR SESSION WHEN: THURSDAY, NOVEMBER 1, 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 o r by telephone conference call; a quorum of the Town’s various Commissions or Boards may be in attendance at the Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal actio n to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Vice Mayor Henry Leger Councilmember Tait D. Elkie Councilmember Cecil A. Yates Last printed 10/24/2012 4:59 PM Page 2 of 3 SPECIAL SESSION CALL TO ORDER AND ROLL CALL – Mayor Linda M. Kavanagh 1. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENT PROJECT. 2. ADJOURNMENT. REGULAR SESSION CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh INVOCATION – Mr. Fred Widom, Temple Beth Hagivot ROLL CALL – Mayor Linda M. Kavanagh MAYOR’S REPORT i.) The Mayor will read a PROCLAMATION declaring November 2012, McDowell Mountain Month. ii.) The Mayor will review recent events attended relating to economic development. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i.) PRESENTATION of the Town’s Comprehensive Annual Financial Report for the fiscal year ending June 30, 2012 by Dennis Osuch, CPA, Partner with Clifton Larson Allen LLP. ii.) PRESENTATION by Dennis Smith, Executive Director of Maricopa Association of Governments (MAG). CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from October 9 and 18, 2012. 2. CONSIDERATION for approval of RESOLUTION 2012-30, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the northerly and westerly property line of Plat 505-D, Block 2, Lot 9 (16851 N. Sourdough Place) as recorded in Book 158 of Maps, Page 41, Records of Maricopa County, Arizona. EA12-07 (Taylor) Last printed 10/24/2012 4:59 PM Page 3 of 3 3. CONSIDERATION of approving an expenditure with Tyler Technologies, Inc. in the amount of $52,827.48, for the twelve month period September 25, 2012, through September 24, 201,3 for annual maintenance and support of the Town’s municipal enterprise financial software. REGULAR AGENDA ITEMS 4. CONSIDERATION of RESOLUTION 2012-20, declaring as public records the Zoning Ordinance, Chapter 1, “Definitions,” and Chapter 6, “Sign Regulations”. 5. PUBLIC HEARING to receive comments on ORDINANCE 12-07, a text amendment to Chapter 1, “Definitions,” and Chapter 6, “Sign Regulations,” of the Zoning Ordinance of the Town of Fountain Hills. If adopted, the amendments revise large portions of the Town’s regulations regarding commercial signage. Case# Z2012-01 6. CONSIDERATION of ORDINANCE 12-07, a text amendment to Chapter 1, “Definitions,” and Chapter 6, “Sign Regulations,” of the Zoning Ordinance of the Town of Fountain Hills. If adopted, the amendments revise large portions of the Town’s regulations regarding commercial signage. Case# Z2012-01 7. PUBLIC HEARING relating to ORDINANCE 12-05, an amendment to the Zoning Ordinance to amend Chapters 12, 16, and 18. If adopted, the amendments would revise their permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts. The amendment would also eliminate the requirement that outdoor seating areas be fenced if no alcohol is served and there are no public safety issues. Case Number Z2012-04 8. CONSIDERATION of ORDINANCE 12-05, an amendment to the Zoning Ordinance to amend Chapters 12, 16, and 18. If adopted, the amendments would revise their permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts. The amendment would also eliminate the requirement that outdoor seating areas be fenced if no alcohol is served and there are no public safety issues. Case Number Z2012-04 9. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE. 10. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 11. ADJOURNMENT. DATED this 25th day of October, 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 participate in th is 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. NOTICE OF THE SPECIAL AND REGULAR SESSIONS OF THE FOUNTAIN HILLS TOWN COUNCIL TIME: 5:00 P.M. – SPECIAL SESSION 6:30 P.M. – REGULAR SESSION WHEN: THURSDAY, NOVEMBER 1, 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 Council meeting. Notice is hereby given that pursuant to A.R.S. § 1-602.A.9, subject to certain specified statutory exceptions, parents have a right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child. Meetings of the Town Council are audio and/or video recorded and, as a result, proceedings in which children are present may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents pursuant to A.R.S. § 1-602.A.9 have been waived. PROCEDURE FOR ADDRESSING THE COUNCIL Anyone wishing to speak before the Council must fill out a speaker’s card and submit it to the Town Clerk prior to Council discussion of that Agenda item. Speaker Cards are located in the Council Chamber Lobby and near the Clerk’s position on the dais. Speakers will be called in the order in which the speaker cards were received either by the Clerk or the Mayor. At that time, speakers should stand and approach the podium. Speakers are asked to state their name prior to commenting and to direct their comments to the Presiding Officer and not to individual Councilmembers. Speakers’ statements should not be repetitive. If a speaker chooses not to speak when called, the speaker will be deemed to have waived his or her opportunity to speak on the matter. Speakers may not (i) reserve a portion of their time for a later time or (ii) transfer any portion of their time to another speaker. If there is a Public Hearing, please submit the speaker card to speak to that issue during the Public Hearing. Individual speakers will be allowed three contiguous minutes to address the Council. Time limits may be waived by (i) discretion of the Town Manager upon request by the speaker not less than 24 hours prior to a Meeting, (ii) consensus of the Council at Meeting or (iii) the Mayor either prior to or during a Meeting. Please be respectful when making your comments. If you do not comply with these rules, you will be asked to leave. Mayor Linda M. Kavanagh Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Vice Mayor Henry Leger Councilmember Tait D. Elkie Councilmember Cecil A. Yates Last printed 10/24/2012 4:59 PM Page 2 of 3 SPECIAL SESSION CALL TO ORDER AND ROLL CALL – Mayor Linda M. Kavanagh 1. DISCUSSION WITH POSSIBLE DIRECTION TO STAFF regarding the AVENUE OF THE FOUNTAINS MEDIAN IMPROVEMENT PROJECT. 2. ADJOURNMENT. REGULAR SESSION CALL TO ORDER AND PLEDGE OF ALLEGIANCE – Mayor Linda M. Kavanagh INVOCATION – Mr. Fred Widom, Temple Beth Hagivot ROLL CALL – Mayor Linda M. Kavanagh MAYOR’S REPORT i.) The Mayor will read a PROCLAMATION declaring November 2012, McDowell Mountain Month. ii.) The Mayor will review recent events attended relating to economic development. SCHEDULED PUBLIC APPEARANCES/PRESENTATIONS i.) PRESENTATION of the Town’s Comprehensive Annual Financial Report for the fiscal year ending June 30, 2012 by Dennis Osuch, CPA, Partner with Clifton Larson Allen LLP. ii.) PRESENTATION by Dennis Smith, Executive Director of Maricopa Association of Governments (MAG). CALL TO THE PUBLIC Pursuant to A.R.S. §38-431-01(G), public comment is permitted (not required) on matters not listed on the agenda. Any such comment (i) must be within the jurisdiction of the Council and (ii) is subject to reasonable time, place, and manner restrictions. The Council will not discuss or take legal action on matters raised during “Call to the Public” unless the matters are properly noticed for discussion and legal action. At the conclusion of the call to the public, individual Councilmembers may (i) respond to criticism, (ii) ask staff to review a matter or (iii) ask that the matter be placed on a future Council agenda. CONSENT AGENDA ITEMS 1. CONSIDERATION of approving the TOWN COUNCIL MEETING MINUTES from October 9 and 18, 2012. 2. CONSIDERATION for approval of RESOLUTION 2012-30, abandoning whatever right, title, or interest the Town has in the certain public utility and drainage easements located at the northerly and westerly property line of Plat 505-D, Block 2, Lot 9 (16851 N. Sourdough Place) as recorded in Book 158 of Maps, Page 41, Records of Maricopa County, Arizona. EA12-07 (Taylor) Last printed 10/24/2012 4:59 PM Page 3 of 3 3. CONSIDERATION of approving an expenditure with Tyler Technologies, Inc. in the amount of $52,827.48, for the twelve month period September 25, 2012, through September 24, 201,3 for annual maintenance and support of the Town’s municipal enterprise financial software. REGULAR AGENDA ITEMS 4. CONSIDERATION of RESOLUTION 2012-20, declaring as public records the Zoning Ordinance, Chapter 1, “Definitions,” and Chapter 6, “Sign Regulations”. 5. PUBLIC HEARING to receive comments on ORDINANCE 12-07, a text amendment to Chapter 1, “Definitions,” and Chapter 6, “Sign Regulations,” of the Zoning Ordinance of the Town of Fountain Hills. If adopted, the amendments revise large portions of the Town’s regulations regarding commercial signage. Case# Z2012-01 6. CONSIDERATION of ORDINANCE 12-07, a text amendment to Chapter 1, “Definitions,” and Chapter 6, “Sign Regulations,” of the Zoning Ordinance of the Town of Fountain Hills. If adopted, the amendments revise large portions of the Town’s regulations regarding commercial signage. Case# Z2012-01 7. PUBLIC HEARING relating to ORDINANCE 12-05, an amendment to the Zoning Ordinance to amend Chapters 12, 16, and 18. If adopted, the amendments would revise their permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts. The amendment would also eliminate the requirement that outdoor seating areas be fenced if no alcohol is served and there are no public safety issues. Case Number Z2012-04 8. CONSIDERATION of ORDINANCE 12-05, an amendment to the Zoning Ordinance to amend Chapters 12, 16, and 18. If adopted, the amendments would revise their permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts. The amendment would also eliminate the requirement that outdoor seating areas be fenced if no alcohol is served and there are no public safety issues. Case Number Z2012-04 9. COUNCIL DISCUSSION/DIRECTION to the Town Manager Ken Buchanan. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the Council: A. NONE. 10. SUMMARY of Council requests and REPORT ON RECENT ACTIVITIES by the Town Manager Ken Buchanan. 11. ADJOURNMENT. DATED this 25th day of October, 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 participate in 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. TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:11/1/2012 Meeting Type:Special Session Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:Paul Mood,Development Services Director,PMood@fh.az.gov,480-816-5129 Strategic Values:Council Goal: Maintain/Improve Community Infrastructure Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):DISCUSSION with possible direction to staff regarding the Avenue of the Fountains Median Improvement Project. Applicant:NA Applicant Contact Information:NA Property Location:Avenue of the Fountains from Saguaro Blvd.toLa Montana Drive Related Ordinance,Policy or Guiding Principle:NA Staff Summary (background):On October 18,2012 staff presented the proposed Avenue of the Fountains Median Improvements along witha contract for design and construction phase services withJ2Design. Council voted to have this item brought back ata special session so that additional discussion and direction could be given to staff regarding the scope of the project. In Marchof 2012 Town Council approved a professional services agreement with J2 Design fora site inventory and analysis as well as conceptual planning for the Avenue of the Fountains Median Improvement project tobe brought back for future discussions.Staff provided J2 Design with copies of the Swaback Partners Downtown Vision Plan and Downtown Area Specific plan which was approved by Council on December 17,2009 through Resolution 2009-40.In 2010 the voters of Fountain Hills adopted the General Plan.One of the objectives of the General Plan states that the Town recognize the planfor the downtown area prepared by Swaback Partners as anAreaSpecificPlan.Thisplan will encourage the development of the Town Center that will strengthen the community identity and provide day and nighttime activities. StaffprovidedJ2Design with copiesofthe Swaback Partners Downtown Vision Planand Downtown Area SpecificPlantohelpguide the the conceptual planningof the median improvements.TheSiteInventory& Analysisreportwascompletedin June of 2012.Thisreportlookedattheexistingconditionsofthemedian hardscape,trees &plants,irrigation system,electrical system andfountains.Thereportalsoincludedthe results and comments from 367 residents as part ofapublic questionnaire that was made available through a varietyofmedia sources.J2 Designput together an initial concept to remediate the median inits current configuration as well asa revitalization concept.J2Designandstaffthenmet with business ownersalongthe Avenue of the Fountains and representatives from the Chamber of Commerce,Farmers Market,PublicArt Committee,Downtown Greening Committee andthe Theater projectto get theirinput.FromthisinputJ2 Design finalized theremediation concept anddevelopedtwo revitalization concepts thatwere presented ata Page 1of2 publicopen house on September 5th 2012.These concepts werethen presented toCouncilatthe September 11,2012 work study. Frominput received byCouncilat the September 11,2012workstudy,therevitalization concept planincludes new electrical and irrigation systems,mechanical enclosures,new water features,entry features,10'wide pedestrian pathway,locations forpublicart,shade structures attwo central plazas andelectricalconduitsfor future pedestrian and accent lighting.Existing trees will be removed as recommended byacertified arborist as well as trees in direct conflictwith major features of the project. The conceptual cost estimate for construction oftherevitalization concept is approximately $1,800,000 with an additional $165,000 for design related services as well as $35,000 for services during the construction phase. Risk Analysis (options or alternatives with implications):NA Fiscal Impact (initial and ongoing costs;budget status):NA Budget Reference (page number): Funding Source:Multiple Funds If Multiple Funds utilized,list here: Budgeted;ifNo,attach Budget Adjustment Form:Yes Recommendation(s)by Board(s)or Commission(s):NA Staff Recommendation(s):NA List Attachment(s):Swaback &DowntownAreaPlanDesign Elements,Remediation Concept Plan& Construction Cost Estimate,Revitalization Concept Plan&Construction Cost Estimate,Revitalization Concept Plan and Potential Tree Removal Plan SUGGESTED MOTION (for Council use): Prepared by: 10/23/2012 Paul Mood,Development Services Director 10/23/2012 10/23/2012 PaHe2of2 The following elements are identified in the Downtown Area Specific Plan and Swaback Partners Downtown Vision Plan: Avenue District 1.updated fountain features 2.shade structures 3.appropriate trees for shade 4.art walk 5.crosswalks 6.enhanced signage and lighting 7.narrower travel lanes 8.additional on-street parking 9.widen sidewalks 10.outdoor sidewalk cafes and storefront presentations 11.small scale retail (enclosed kiosks) 12.special paving 13.connectivity from north to south sideofAvenueof the Fountains 14.connectivity to LakesideDistrict (Fountain Park) Lakeside District (Saguaro Blvd.) 1.narrow Saguaro Blvd. 2.on-street parking along Saguaro Blvd. 3.adaptable street for festivals 4.traffic signal at Saguaro Blvd.and Avenue of the Fountains 5.opening views to lake 6.minimum impact lightingon Saguaro Blvd. 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 Opinion of Probable Cost Remediation Concept Avenue of the Fountains -Fountain Hills,AZ 10/23/2012 Avenue of the Fountains -Remediation Concept * Opinion of Probable Cost r\ ItemNo.Item Description Unit Quantity Unit Price Total Hardscape Elements 1 Concrete Pathway (Gray,MediumBroom)SF 6.500 $5.50 $35,750.00 2 Concrete Header between TurfandDG(Grey,MediumBroom)LF 450 S9.00 $4,050.00 3 Remove and Replace ADA Ramps EA 31 S900.00 S27.900.00 4Crosswalk(Signing,Striping,Stamping)SF 6.553 $5.00 $32,765.00 5 Replace Plaza Paving(IntegralColor.DecorativeFinish)SF 6.200 S9.00 S55.800.00 Water Feature A (Circle) 6 Reconstruct Water Feature Hardscape,Plumbing EA 1 $42,000.00 $42,000.00 Concrete (Intenr.il Color.Decorative I mislii SF 500 S9.00 S4.500.00 Water Proofing SF 500 S7.00 |ReinstallSculpture LS 1 S1.800.00 S1ROD00 Wall LF •<i>S80.00 S7.200.00 Water Feature B (Boy &Girl Drinking) 7 Reconstruct Water Feature Hardscape.Plumbing EA 1 $42,500.00 $42,500.00 Pump System (lillration,pumps,watertreatment,enclosure,piping)LS 1 S25.000 0';S25.000.00 Concrete (Integral Color.Decorative Finish)SF 475 S9 0C S4.275.00 WaterProoling SI •1 75 S7.00 S3.325.00 ReinstallSculpture LS 1 S 1,800.00 SI.800.00 Reinstall Plaques EA 6 $150 00 S900.00 Wall LF 90 S80.00 $7.200.00 Water Feature C (Waterfall) 8 Reconstruct Water Feature Hardscape,Plumbing EA 1 S40.400.00 $40,400.00 PumpSystem (filtration,pumps,watertreatment,enclosure,piping)LS 1 S25.000.00 S25.000.00 Concrete(IntegralColor,DecorativeFinish)Si 525 SO 00 S4.725.00 Waler Proofing SF 525 S7.00 S3.07500 Boulder Placement EA 20 S350.00 S 7.000.00 Water Feature D(PVC Pipe) 9 Reconstruct Water Feature Hardscape,Plumbing EA 1 $43,260.00 $43,260.00 PumpSystem (filtration,pumps,watertreatment,enclosure,piping! Concrete(IntegralColor.DecorativeFinish)sr .185 so.oo S4.3B5.00 Water Prooling SF 485 S7.00 S3.395.00 Decorative Nozzle EA 1 S2.500.00 S2.500.00 Wall LI 100 S80.00 S8.000.00 Water Feature E (Waterfall with Eagle) 10 iReconstruct Water Feature Hardscape,Plumbing EA 1 S54,186.00 $54,186.00 'PumpSystem (Nitration,pumps,watertreatment,enclosure,piping)IS 1 S25.000.0I Concrete(IntegralColor,DecorativeFinish)SI 94G SO OC S8.514.0C SF 94G S/0r S6.622.0I Reinstall Sculpture LS 1 SI 800.0C SI.800.01 S12.250.00 Landscap e Elements 11 Prune andFertilizeExisting Trees EA •29 $1,500.00 $43,500.00 12 Replacement Trees (48InchBox)EA 16 S1.200.0C S19.200.0C 13 ;Shrubs(5 Gallon)EA 225 S30.0C S6.750.0C 14 Reseed Turf Areas SF 63,196 S0.2E S15.799.0C 10/23/2012 1of2 Remediation Concept Opinionof Probable Cost Remediation Concept Avenue of the Fountains •Fountain Hills,A2 10/23/2012 Item No.Item Description Unit Quantity Unit Price Total 15 Decomposed Granite SF 17,879 $0.50 $8,939.50 16 Irrigation System Drip SF 17.879 $0.75 S13,409.25 17 Irrigation System Turf SF 63.196 $1.25 S78.995.00 18 Irrigation Controller EA 1 $15,000.00 $15,000.00 19 Landscape Establishment LS 1 $5,000.00 $5,000.00 Site Amenities 19 Bencties EA 10 $1,500.00 S15,000.00 20 Trash/Recycling Receptacles EA 5 $1,200.00 S6,000.00 21 Mutt Mitt EA 2 $800.00 $1,600.00 Electrical Systems 22 Electrical System (West Median)LS $40,000.00 $40,000.00 I lectrical Seivice,includingdistribution panels,andcontrol equipment LS S 15.000.00 S15.000.00 Conduit.Conductors and Trench (including pull boxes,splices,etc.)lor Distribution Panels II 600 S15.00 S9.000.00 UtilityCo.Transformer PadandMiscEquipment Install LS S2.000.00 S2.000.00 UtilityCo Conduit (secondary/primary)LF 100 S40 00 S4.000.00 UtilityCo.Connection Fees LS S 10.000.00 Si 0.000.0'. 23 Electrical System (East Median)LS $51,000.00 S51,000.00 Electrical Service,including distribution panels,and control equipment LS 515,000.00 $15,000.00 Conduit.Conductors and Trench(includingpull boxes,splices,etc.)for Distribution Panels LF GOO S15.0C S9.000.00 Ulilily Co Transformer Pad and Misc Equipment Install LS S2.000 0C S2.000.00 UtilityCo.Conduit (secondary/primary)LF 250 S40.00 S10.000.00 I n lity Ci Connei tion i ees LS SI 5.000.00 Si 5.000.00 24 Weatherproof ElectricalEvent Receptacles LS S79.900.00 S79.900.00 Wealherprool Electrical Event Receptacles,installed on steel post EA 54 SG50.00 S35,100.00 Conduit.Conductors and Trench (including pull boxes,splices,etc.)for Event Receptacles LF 4,480 sio.oo S44.800.00 25 Water Feature Electrical Connections LS $16.500.00 S16,500.00 Electrical Disconnects and Connections to Pump Equipment for Fountain A EA 51 000 3!S 1.000.00 Conduit.Conductors andTrench(includingpullboxes,splices,etc.)forFountainA LF too S 10.00 SI.000.00 Electrical Disconnects and Connections to Pump Equipment lor Fountain B EA Si 000 01 $1,000.00 Conduit,Conductors and Trench (including pull boxes,splices,etc.)lor Fountain B LF 150 S 10.00 Si,500.00 Electrical Disconnects and Connections toPump Equipment lorFountainC EA S1,000.00 $1,000.00 Conduit,Conductors and Trench (including pull boxes,splices,etc.)lor Fountain C LF 250 S10.00 S2.500.00 Electrical Disconnects and Connections to Pump Equipment lor Fountain D EA S 1.000.00 S1,000.00 Conduit.Conductors and Trench (including pull boxes,splices,etc.)lor Fountain D LF 150 $10.00 S 1,500.00 Electrical Disconnects and Connections to Pump Equipment lor Fountain E EA S1.000.00 S 1.000.00 Conduit,Conductors andTrench(includingpull boxes,splices,etc.)forFountainE LF 150 SIO.OO Sl.SO0.O0 Electrical Disconnects and Connections to PumpEquipmentlorFountainF EA :'•i S1.OO0.O0 Conduit,Conductors and Trench (including pull boxes,splices,etc.)for Fountain F LF 250 SIO.OO S2.500.00 Site Demc)lition 26 Remove ExistingBrick Header LF 4,883 $1.50 $7,324.50 27 Remove Existing Trees EA 16 S2.500.00 S40.000.00 28 Remove Existing Irrigation Components SF 17,880 S0.25 $4,470.00 29 Remove Existing Concrete Plaza SF 6200 S2.00 S12.400.00 30 Demolish Existing Water Features EA 5 S13.189.50 $65,947.50 31 Miscellaneous Removals LS 1 S10,000.00 $10,000.00 General C onditions 32 Mobilization,TrafficControl,Construction Fencing,Construction Staking, etc. LS 1 S90.000.00 $90,000.00 :'/.i£jH Sut total Amount: ngency (10%): bable Cost: S992.580.75 S99.258.08 S1,091,838.83 L"esign Cont ion of PreRemediationConceptTotalOpir 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 Opinion of Probable Cost Revitalization Concept Avenue of the Fountains -Fountain Hills,AZ 10/23/2012 Avenue of the Fountains -Revitalization Opinion of Probable Cost Concept D ..Item Description No.^Unit Quantity Unit Price Total Hardscape Elements 1 Concrete Pathway (Gray,MediumBroom)SF 8,651 $5.50 $47,580.50 2 Concrete Header between Turf and DG(Grey,MediumBroom)LF 944 S7.00 S6.608.00 3 Remove and Replace ADA Ramps EA 31 S900.00 S27.900.00 4 Seatwalls and Art Pads EA 4 S6,607.00 S26.428.00 Vine Screens LF 22 5125.0C S2.750.00 Concrete(IntegralColor,DecorativeFinish)SF •53 S9.0C S 1.377.00 Geometric Boulders EA 1 S400 00 S4O0.O0 Walls LF 26 S80 00 S2.080.00 5 Plaza Paving (Integral Colored Pavers)SF 19.331 S9.00 S173,979.00 6 Concrete Vehicular Curbing LF 424 S8.00 S3.392.00 7 Crosswalk (Signing,Striping,Stamping)SF 6,553 S6.50 $42,594.50 8 Concrete Planter Walls EA 8 S5.200.00 $41,600.00 9 Vine Screens LF 203 S125.00 S25.375.00 10 Shade Canopy Infrastructure SF 6,150 S15.00 $92,250.00 11 Shade Canopy SF 6,150 S10.00 $61,500.00 12 Mechanical Enclosure Wall and Gates EA 2 S30.000.00 $60,000.00 Water Feature A (Center of West Median) 13 Water Feature Hardscape,Plumbing EA 1 S66.436.00 $66,436.00 Pump System (filtration,pumps,water treatment,piping)LS 1 S25.000.0C S25.000.00 Concrete (IntegralColor.Decorative Finish)SF 1,021 S9.00 S9,189.00 Water Proofing sr-V321 S7.0C S7.147.00 Wails j:145 580 0C S11.600.00 S 13,500.00GeometricBouldersLF135S100.00 Water Feature B (West Median &Verde River Dr.) 14 Water Feature Hardscape,Plumbing EA 1 S45.320.00 S45.320.00 'Pump System (filtration,pumps,watertreatment,piping)LS S25.0OO.00 S25.000.00 Concrete (Integral Color,Decorative Finish)SF 470 S9 0C ;•••233 3: Geometric Boulders EA 7 S400.00 S2.800.00 WaterProofing SF ••.70 S7.00 S3.290.00 Walls LF 125 S80.00 S 10.000.00 Water Feature C(East Median &Verde River Dr.) 15 |Water Feature Hardscape,Plumbing EA 1 S38.020.00 $38,020.00 Pump System (filtration,pumps,water treatment,piping)LS 1 S25.000.00 S9 OC S25.000.00 Concrete (IntegralColor.Decorative Finish)SF 470 ?-'..23j o: Geometric Boulders EA 7 S4C :I.S2.800.00 WaterProofing SF 470 S7.00 S3.290.00 Reinstall Sculpture LS 1 si.soo fio S1.800.00 S900.00'Reinstall Plaques LA 6 SI 50.03 Water Feature D (Center of East Median) 16 Water Feature Hardscape,Plumbing EA 1 S84.360.00 $84,360.00 Pump System (filtration,pumps,water treatment,piping)LS 1 S25.000.00 S25.000.00 Concrete (IntegralColor.Decorative Finish)SF 485 S9 0(S4.365.00 WaterProofing SF 485 S7.0C S3.395.00 S3.600.00SeatwallsLF60S60.00 10/23/2012 1 0(3 Revitalization Concept B Opinion of Probable Cost Revitalization Concept Avenue of the Fountains -Fountain Hills,AZ 10/23/2012 Item .._Item Description No. Unit Quantity Unit Price Total Concrete Water Columns EA B •:•S48.CC0 03 Landscape Elements 17 Prune and FertilizeExisting Trees EA 29 51,500.00 S43.500.00 18 Replacement Trees (24InchBox)EA 107 $250.00 S26.750.00 19 Shrubs (1 Gallon)EA 680 $20.00 $13,600.00 20 Reseed Turf Areas SF 33,861 $0.25 $8,465.25 21 Decomposed Granite SF 22,331 $0.50 $11.165.50 22 Irrigation System Drip SF 22,331 S0.75 S16.748.25 23 Irrigation System Turf SF 33,861 S1.25 $42,326.25 24 Irrigation Controller EA 1 $15,000.00 $15,000.00 25 Landscape Establishment LS 1 S10,000.00 S10.000.00 Site Amenities 26 Cafe Tables EA 29 S1.600.00 S46.400.00 27 Trash/Recycling Receptacles EA 10 S1,200.00 $12,000.00 28 Drinking Fountain EA 2 S4.000.00 $8,000.00 29 Mutt Mitt EA 6 S800.00 $4,800.00 Electrical Systems 30 Electrical System (West Median)LS 1 $40,000.00 $40,000.00 Electrical Service,includingdistribution panels,andcontrol equipment LS 1 S15,000.00 S 15,000.00 Conduit.Conductors and Trench (includingpull boxes,splices,etc.)lorDistribution Panels LF 600 $15.00 S9.000.00 UtilityCo.Transformer Pad and Misc Equipment Install LS 1 S2.000.00 S2.000.00 UtilityCo.Conduit (secondary/primary)LF 100 S40 00 S10,000.00 S4.000.00 UtilityCo.Connection Fees LS 1 S 10,000.00 31 Electrical System (East Median)LS 1 $51,000.00 S51,000.00 Electrical Service,inclu ling d stribut on panels,and control e |uipment LS 1 S 15,000.00 S 15.000.00 Conduit,ConductorsandTrench(includingpull boxes,splices,etc.)forDislributionPanels LF 330 .?15.03 so.oc !.c; UtilityCo.Transformer Pad and Misc Equipment Install LS 1 S2.000.0C S2.c ::,'.:: Utility Co.Conduit (secondary/primary)LF 250 S40.0(S10.000.00 UttyCoConne :tion Fees LS 1 S15.000.0C S 15.000.00 Opinion of Probable Cost Revitalization Concept Avenue of the Fountains -Fountain Hills,AZ 10/23/2012 Item _Item Description No. Unit Quantity Unit Price Total 32 Weatherproof Electrical Event Receptacles LS 1 $79,900.00 S79,900.00 Weatherproof Electrical Event Receptacles,installed on steel post EA 54 S650.00 S35.100.00 Conduit,Conductors and Trench (includingpull boxes,splices,etc.)forEvent Receptacles LF 4 ..'.80 Si 0.00 S44.800.00 $3,500.0033IWaterFeatureMechanicalYardElectricalConnections(West Median)LS 1 $3,500.00 Electrical Distribution,Disconnects and Connections to Pump Equipment EA 3 Si.000.00 S3.000.00 Conduit,Conductors andTrench(includingpull boxes,splices,etc.)LF 30 S 10.00 S500.00 34 Water Feature Mechanical Yard Electrical Connections (East Median)LS 1 $4,500.00 $4,500.00 Electrical Distribution,Disconnects and Connections to Pump Equipment EA 4 Si.000.00 S4.000.00 Conduit,ConductorsandTrench(includingpull boxes,splices,etc.)LF 50 S10.0C S5C0.00 35 :Conduit and Trench (includingpull boxes)for Future Lighting LF 1,840 $8.00 $14,720.00 Site Demolition 36 Remove ExistingBrick Header LF 4,883 S1.50 $7,324.50 37 Remove Existing Trees EA 16 $2,500.00 $40,000.00 38 Remove Asphalt SY 274 $3.00 $822.00 39 Miscellaneous Earthwork Removals CY 274 S20.00 $5,480.00 40 Remove ExistingIrrigation Components SF 56,192 S0.25 S14.048.00 41 Remove Existing Concrete Plaza SF 6,200 $2.00 S12.400.00 42 Demolish Existing Water Features EA 5 $10,000.00 $50,000.00 43 iMiscellaneous Removals LS 1 $10,000.00 $10,000.00 General Conditions Mobilization,TrafficControl.Construction Fencing,Construction Staking,._44 ,Lb Ietc. 1 $180,000.00 S180,000.00 _.. Subtotal Amount:$1,615,792.75 Design Contingency (10%):$161,579.28 Revitalization Opinion of Probable Cost with Area Lighting Conduit:$1,777,372.03 10/23/2012 3 of 3 Revitalization Concept B 3.Existing Trees Site Photos 3.Existing Trees Site Photos Tree 10 3.Existing Trees Site Photos Tree 12 Trees 13,14,15 Tree 16 Tree 17 Tree 17 Tree 18 Tree 19 3.Existing Trees Site Photos Tree 21 Trees 22,23,24 Trees 22,23 Tree 25 Tree 26 Tree 27 Tree 28 3.Existing Trees Site Photos Trees 29 -35 Trees 29 -35 Tree 36 Tree 37 Tree 38 Tree 39 Tree 40 Trees 41 3.Existing Trees Site Photos Trees 43 Trees 44 Tree 45 Tree 45 Tree 45 Page 10 3.Trees Assessment Data Treetf:1-2-3|4 5 6 7 3 9 10 11 12 |13-14-15 Type Fan Palm|Euc Oleander 10" Euc Euc PinePinej Bottle Bottle Euc Fan Palm DSH 21"24"42"28" 40' 35"12"15"42" 53'avgHeight57'avg |70'13'75'76"35'24'34'71' Spread 42'16'48'60'45'21"30'60" Health 6 5 6.5 4 6 6.5 4.5 6.5 4.5 7 Structure 7.5 7 4 4 3.5 4.5 6 6.5 5 5 5 Risk 4 7 2 6 7 7 5 2 2 6.5 4 Mitigation 4 7 2 5 4.5 4|4|2 2 5 4 SRZ 6'10'8"6"16 12 r 8'3'15'4' Survival in Place 8 7 8 5 7 7 6.5 7.5 7 6.5 8 Transplantable 9 0 NCE 0 0 0 4.5 10 0 0 4 View Impediment 3 0 2 0 8 7 2 3 4 5 4 View w/Adjustment 0 0 0 0 8 5 2 0 0 3 4 Short-term IP Remove P Remove I>F P C F F F P IP Long-term R-Remove PFR P Al FP FP F FP R Management Cycle Historical AN "N ASAP AN AN AN AN AN ANAN AN AN Y N N Y ??N N Y N Appropriate 0 7 0 0 7 6 6 0 0 7 0 Recommendation ?Remove Remove !Remove PASAP PC FP ?->?? Tree 8:16 17 18 19 20 21 22 23 24 2526 Type Pine Pine Euc LOak Palo Brea PinePine Pine Pine Pine Carob DSH 20"28"34"4"6.5"11"13"12"10"24"14" Height 55'55'60'14"18'49'50"48'47'63'23' Spread 60"65'33'10'18'12'13'15'10'35'24' Health 5.5 6.5 4 8 7.5 5 7 7.5 6 6 6 Structure 5 6 3.5 3.5 5 7 6 5.5 5.5 7 5 Risk 7 7 4.5 1 5 6 6 6 6 6 5 Mitigation 7 7 3.7S 1 5 6 6 6 6 5 4 SRZ 10"13'14"6'4'T r 7'7'8'10' Survival In Place 5.5 5 5.5 5 5 7 7 7 7 7 6 Transplantable 0 0 0 1 0 0 0 0 0 N N View Impediment 6 8 7 2 0 7 7 7 7 8 9 View w/Adjustment 4 6 5 0 0 7 7 7 7 7 S Short-term PASAP P P ASAP 0 P P P P P P Long-term FP P P 0 PF PF PF PFPF PF Management Cycle AN AN AN AN AN BiAN |BiAN 1 BiAN Bi AN ANAN Historical N Y Y N N NNN N Y ? Appropriate 7 7 7 6 ????>Y ? Recommendation Remove I Remove ??Remove ?????? Sliott/long-tcrm and Recommendation I n Irrigation T =Treat F=Fertilize P =Prune C•Cable/Supports R=Remove Al =Annual Inspection Mantfigfa AN"Annual Hfotorir.il and Appropriate Y =Yes K =No I 3.Trees Assessment Data Tree 8:2728 29-35 |36 37 3839 -10 41 42 43 Type Carob Juniper Orn Citrus Cotton PinePine Olive Orn Citrus Dottle Bottle Bottle DSH 19"10"24"21"14"24"6"11"12" 21' 11" 20'Height 25.S'21"14"55"60"40"46"17'22' Spread 30'12'10'40'31'24'50'10"10"16'16' Health 7.5 6.5 5 5.5 8 6.5 7.5 6.5 6 6 6 Structure 6.5 8 5 5.5 6.5 5 5 7 7 7 7 Risk 3 1 1 6 4 4.5 2 2 2 2 2 Mitigation 3 1 1 5.5 4 4 2 2 2 2 2 SRZ 12'6'4'30'8'9'20'12'12'12'12' Survival In Place 6 8 7 5 3 3 8 7 5 5 5 Transplantable N 6 7 0 0 0 69 5 3 3 3 View Impediment 9 3 3 9 9 9 9 9 5 5 5 View w/Adjustment 8 3 3 8 9 9 3.5 9 5 5 5 Long-term PF FP PFPF PF PF PF PF Management Cycle AN AN ASAP AN AN AN AN AN AN AN AN Historical ???7 ?7 ?? Appropriate ?N N N ???N N N N Recommendation ??Remove ????1 Remove ??? Tree 8:44 45 Rcinovvil Rot ommendatians Type Pine Pine TreeH DSH 26"21"4 Base of tree is cone*ve and has large rott appropriate ed area Height 52'54'5 Rogue planting;not Spread 50'40*6 Silver Dol ar Eucalyptus require an above normal maintenance ent and are known to break easily without itHealth75commitm Structure 7 4 16-17 Risk of failure cannot be mitigated;poor anchorage Risk 6 7 18 Tree health issue;return on investment Mitigation 5 6 20 Risk of fa lure cannot be mitigated;poor d strucutre are past useful reco anchorage SRZ 16'12'29-36 &40 Health an very Survival In Place 7 7 Transplantable 4 4 View Impediment 9 9 View w/Adjustment 9 9 Short-term P P Long-term PF PF Management Cycle AN AN Historical Appropriate ?N? Recommendation ?? Short/Long-term and Recommendation I =Irrigation T =Treat F =Fertilize P=Prune C=Cable/Supports R=Remove Al =Annual Inspection Mantflaia AH =Annual Hfotoric.il and Appropriate Y^Yes M =No Page TOWN OF FOUNTAIN HILLS PROCLAMATION OFFICE OF THE MAYOR WHEREAS,the preservation of the McDowell Mountains and the Sonoran Desert has been established as a high priority of the Town of Fountain Hills and its citizens;and WHEREAS,it is the desire of the Town of Fountain Hills to celebrate the unique environment of its Preserve;and WHEREAS,it is also the intent of the Town of Fountain Hills to raise awareness regarding the need to preserve these valuable treasures for future generations;and WHEREAS,the first permanent access trail to the Preserve has been completed that links the McDowell Mountain Regional Park's Dixie Mine Trailto the Preserve's northern boundary via the Sonoran Trail;and NOW,THEREFORE,I,Linda M.Kavanagh,Mayor of the Town of Fountain Hills,Arizona,do hereby declare the month of November 2012 as: "Mcdowell mountain month9' in Fountain Hills and call upon all citizens to take a moment during the month to appreciate the beauty of this community treasure. ATTEST: /J ZAMJM c/ fanaghflindaM.Kccvanagtff Mayor 4^MJU Bevelyn J.Bender,Town Clerk Phone: 480-816-5100 Fax: 480-837-3145 Website: www.fh.az.gov 16705 E. Avenue of the Fountains Fountain Hills, Arizona 85268 Fiscal Year 2011 -2012 CO M P R E H E N S I V E A N N U A L FI N A N C I A L R E P O R T Town of Fountain Hills, Arizona Issued By: Administration Department Finance Division TOWN OF FOUNTAIN HILLS, ARIZONA COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2012 THIS PAGE BLANK TOWN OF FOUNTAIN HILLS, ARIZONA TABLE OF CONTENTS FISCAL YEAR ENDED JUNE 30, 2012 INTRODUCTORY SECTION LETTER OF TRANSMITTAL 1 LIST OF PRINCIPAL OFFICIALS 9 ORGANIZATIONAL CHART 10 GFOA CERTIFICATE OF ACHIEVEMENT 11 FINANCIAL SECTION INDEPENDENT AUDITORS’ REPORT 12 REQUIRED SUPPLEMENTARY INFORMATION MANAGEMENT’S DISCUSSION AND ANALYSIS 14 BASIC FINANCIAL STATEMENTS STATEMENT OF NET ASSETS 26 STATEMENT OF ACTIVITIES 27 BALANCE SHEET – GOVERNMENTAL FUNDS 28 RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET ASSETS 30 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES – GOVERNMENTAL FUNDS 31 RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES 33 STATEMENT OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE – BUDGET AND ACTUAL – GENERAL FUND 34 NOTES TO BASIC FINANCIAL STATEMENTS 35 COMBINING AND INDIVIDUAL FUND STATEMENTS AND SCHEDULES NONMAJOR GOVERNMENTAL FUNDS COMBINING BALANCE SHEET 54 COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES 56 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE – BUDGET AND ACTUAL – CAPITAL PROJECTS FUND 58 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE – BUDGET AND ACTUAL – GENERAL OBLIGATION DEBT SERVICE FUND 59 TOWN OF FOUNTAIN HILLS, ARIZONA TABLE OF CONTENTS (CONTINUED) FISCAL YEAR ENDED JUNE 30, 2012 FINANCIAL SECTION (CONTINUED) COMBINING AND INDIVIDUAL FUND STATEMENTS AND SCHEDULES (CONTINUED) SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE – BUDGET AND ACTUAL – MUNICIPAL PROPERTY CORPORATION DEBT SERVICE 60 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE – BUDGET AND ACTUAL – EAGLE MOUNTAIN DEBT SERVICE FUND 61 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE – BUDGET AND ACTUAL – HURF FUND 62 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE – BUDGET AND ACTUAL – DEVELOPMENT FEES FUND 63 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE – BUDGET AND ACTUAL – LOCAL COURT ENHANCEMENT FUND 64 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE – BUDGET AND ACTUAL – GRANTS FUND 65 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE – BUDGET AND ACTUAL – EXCISE TAX FUND 66 SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE – BUDGET AND ACTUAL – COTTONWOODS SPECIAL ASSESSMENT FUND 67 STATISTICAL SECTION (UNAUDITED) FINANCIAL TRENDS NET ASSETS BY COMPONENT 68 CHANGES IN NET ASSETS 70 FUND BALANCES OF GOVERNMENTAL FUNDS 74 STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS 76 REVENUE CAPACITY GOVERNMENTAL ACTIVITIES TAX REVENUES BY SOURCE 78 TAXABLE SALES BY CATEGORY 79 DIRECT AND OVERLAPPING SALES TAX RATES 81 ASSESSED VALUE AND ESTIMATED TOTAL VALUE OF TAXABLE PROPERTY 82 PRINCIPAL PROPERTY TAXPAYERS 83 PROPERTY TAX LEVIES AND COLLECTIONS 84 TOWN OF FOUNTAIN HILLS, ARIZONA TABLE OF CONTENTS (CONTINUED) FISCAL YEAR ENDED JUNE 30, 2012 STATISTICAL SECTION (UNAUDITED) (CONTINUED) DEBT CAPACITY RATIOS OF OUTSTANDING DEBT BY TYPE 85 RATIOS OF GENERAL BONDED DEBT OUTSTANDING 86 DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT 87 LEGAL DEBT MARGIN INFORMATION 88 CALCULATION OF LEGAL DEBT MARGIN 90 REVENUE BOND COVERAGE 91 DEMOGRAPHIC AND ECONOMIC INFORMATION DEMOGRAPHIC AND ECONOMIC STATISTICS 92 PRINCIPAL EMPLOYERS 94 OPERATING INFORMATION FULL-TIME EQUIVALENT GOVERNMENT EMPLOYEES BY FUNCTION 95 OPERATING INDICATORS BY FUNCTION 96 CAPITAL ASSETS STATISTICS BY FUNCTION 98 THIS PAGE BLANK INTRODUCTORY SECTION THIS PAGE BLANK ( ) 1 October 18, 2012 To the Honorable Mayor, Members of the Town Council, and Citizens of the Town of Fountain Hills: State law requires that all general-purpose local governments publish, within six months of the close of each fiscal year, a complete set of financial statements presented in conformity with generally accepted accounting principles (GAAP) in the United States of America and audited in accordance with generally accepted auditing standards by a firm of licensed certified public accountants. Pursuant to that requirement, we hereby issue the comprehensive annual financial report of the Town of Fountain Hills for the fiscal year ended June 30, 2012. This report consists of management’s representations concerning the finances of the Town of Fountain Hills. Consequently, management assumes full responsibility for the completeness and reliability of all of the information presented in this report. To provide a reasonable basis for making these representations, management of the Town of Fountain Hills has established a comprehensive internal control framework that is designed both to protect the government’s assets from loss, theft, or misuse and to compile sufficient reliable information for the preparation of the Town of Fountain Hills’ financial statements in conformity with GAAP. Because the cost of internal controls should not outweigh their benefits, the Town of Fountain Hills’ comprehensive framework of internal controls has been designed to provide reasonable rather than absolute assurance that the financial statements will be free of material misstatement. As management, we assert that, to the best of our knowledge and belief, this financial report is complete and reliable in all material respects. The Town of Fountain Hills’ financial statements have been audited by CliftonLarsonAllen LLP, a firm of licensed certified public accountants. The goal of the independent audit was to provide reasonable assurance that the financial statements of the Town of Fountain Hills for the fiscal year ended June 30, 2012, are free of material misstatement. The independent audit involved examining, on a test basis, evidence supporting the amounts and disclosures in the financial statement; assessing the accounting principles used and significant estimates made by management; and evaluating the overall financial statement presentation. The independent auditors concluded, based upon the audit, that there was a reasonable basis for rendering an unqualified opinion that the Town of Fountain Hills’ financial statements for the fiscal year ended June 30, 2012, are fairly presented in conformity with GAAP. The independent auditors’ report is presented as the first component of the financial section of this report. GAAP require that management provide a narrative introduction, overview, and analysis to accompany the basic financial statements in the form of Management’s Discussion and Analysis (MD&A). This letter of transmittal is designed to complement the MD&A and should be read in conjunction with it. The Town of Fountain Hills’ MD&A can be found immediately following the report of the independent auditors. ( ) 2 Town of Fountain Hills Profile The Town of Fountain Hills is a planned, family-oriented community established in 1970 by McCulloch Properties (now MCO Properties, Inc.). Prior to 1970, the area was a cattle ranch and was part of one of the largest land and cattle holdings in Arizona. The land was purchased by Robert McCulloch in the late 1960s and designed by Charles Wood, Jr. (designer of Disneyland in southern California). The centerpiece of Fountain Hills is one of the world's tallest man-made fountains, a focal point that attracts thousands of visitors each year. Located on 13,006 acres of land, and bordering northeast Scottsdale, Fountain Hills is surrounded by the 3,500-foot McDowell Mountains on the west, the Fort McDowell Indian Reservation on the east, the Salt River Pima Maricopa Indian Community on the south and by the McDowell Mountain Regional Park on the north. Elevation is 1,520 feet at the fountain, 3,000 feet on Golden Eagle Boulevard, and is 500 feet above Phoenix. Over the past twenty-two years Fountain Hills has grown from 10,190 residents to a town of approximately 22,500 based on the 2010 census. On June 5, 2006 the Town of Fountain Hills became twenty square miles and about ten percent larger by annexing 1,300 acres of State Trust Land. The process to annex the State Trust Land occurred over a two and one-half year period and development of the land will occur over the next decade. Annexing this property into the Town ensures that its future development will be of the highest quality under Town standards such as the cut-and-fill ordinance and strict zoning regulations. Fountain Hills will have an opportunity to demonstrate that it is truly the best place to live in the Valley. The Town offers a range of living styles, from small community subdivisions to a number of large custom homes. Fountain Hills also offers recreational, cultural and retirement programs that address the needs and lifestyles of active families and adults. The community consists of primarily residential property; of the total 20.32 square miles of land only 2.2% of the total is zoned commercial and/or industrial, 23.0% is reserved as open space and 51.3% is residential. The Town’s Mission Statement for the Organization The Town of Fountain Hills’ purpose is to serve the best interests of the community by: providing for its safety and well-being; respecting its special, small-town character and quality of life; providing superior public services; sustaining the public trust through open and responsive government; and maintaining the stewardship and preservation of its financial and natural resources. To serve and respect, and provide trust and stewardship. (3) The Town of Fountain Hills is an Arizona Municipal Corporation, acting as a general law Town as prescribed in the Arizona Revised Statutes. The Town was incorporated on December 5, 1989, with the governmental and administrative affairs of the Town operating under the Council-Manager form of government. The Town Council is responsible, among other things, for the adoption of local ordinances, budget adoption, the development of citizen advisory committees and hiring the Town Manager. The Town Manager is responsible for implementation of the policies of the Town Council and administering the Town’s operations through three department directors and approximately 57 FTE employees. The Judge, Town Attorney and Town Prosecutor are under the direction of the Town Council. The Town provides or administers a full range of services including public safety (law enforcement, fire, animal control, building inspection); development services (code enforcement, planning, zoning and public works); the construction and maintenance of streets and infrastructure, municipal court, recreational activities, community center, senior center and cultural events. The Town does not maintain utility or other operations that require the establishment of enterprise funds. The financial reporting entity (the Town) includes all the funds of the primary government (i.e., the Town of Fountain Hills as legally defined) as well as all of its component units. The component units consist of legally separate entities for which the primary government is financially accountable. Blended component units, although legally separate entities, are, in substance, part of the primary government’s operations and are included as part of the primary government. Accordingly, the Cottonwoods Maintenance District, Eagle Mountain Community Facilities District and Fountain Hills Municipal Property Corporation are included in the financial reports of the Town. The annual budget serves as the foundation for the Town of Fountain Hills’ financial planning and control. The Town Council formally adopts the budget and legally allocates, or appropriates, available monies for the General Fund, Special Revenue Funds, Debt Service Funds, and Capital Projects Fund. Therefore, these funds have appropriated budgets, and budget to actual information is presented. On or before the second meeting in April, the Town Manager submits to the Town Council a proposed budget for the fiscal year commencing the following July 1. The budget includes proposed expenditures and the means of financing them. The Town Council is then required to hold public hearings on the proposed budget and to adopt a final budget by no later than June 30, the close of the Town of Fountain Hills’ fiscal year. The budget is legally enacted through passage of an ordinance and is prepared by fund and department. The ordinance sets the limit for expenditures during the fiscal year. The Town Manager may authorize transfers from and within personnel and from operating capital to services or supplies within a department. Additional expenditures may be authorized for expenditures directly necessitated by a natural or man-made disaster as prescribed in the State Constitution, Article 9, Section 20. Fountain Hills Town Hall ( ) 4 Factors Affecting Financial Condition The information presented in the financial statements is perhaps best understood when it is considered from the broader perspective of the specific environment within which the Town of Fountain Hills operates. Local Economy. The great recession continues to have an impact on the local businesses in Fountain Hills, particularly in the construction of residential properties, local business retention and commercial leasing. Construction activity provides revenue to the Town through local sales tax, the proceeds of which are utilized for capital expenditures. Without the resources to fund capital projects the Town must find additional funds to pay for necessary infrastructure projects. For operating costs the Town is dependent upon state shared revenues and local sales tax as a major source of operating revenue, accounting for 91% of total General Fund revenue for fiscal year 2011-12. State shared revenues are derived as a proportionate share of state sales, income and vehicle license taxes which are distributed based on the Town’s population compared to all other incorporated cities and towns in Arizona (currently 0.045%). State shared income tax revenues decreased 12% during fiscal year 2009-10 and another 25% in fiscal year 2010-11; this revenue category is based on two years prior personal and corporate earnings, therefore, it is anticipated that the Town will experience flat revenues for the next few years reflecting the economic recession. The Town of Fountain Hills’ local tax revenue base consists of two major tax categories, the most significant being retail sales and transportation/communication/utilities (construction was a third significant category in prior years). The chart below is a look at the past five years’ local sales tax activity by sector including a projection for the upcoming fiscal year: As can be seen in the chart on the left sales tax collections continue to show signs of moderate growth. Retail sales experienced a 1% increase over the prior year; restaurant/bar activity increased by just less than 3%. Construction sales tax, a one-time revenue source, is driven entirely by development activity in the community and increased 6% over the prior year but still significantly less than fiscal years 2008 and 2009. Transportation/communication tax revenues increased slightly more than 1%. Other local activity has remained fairly level during the recessionary period due to the lack of major retailers (the Town has three grocery stores and one major retailer). Fountain Hills is past the historic period of rapid growth and the long-term economic outlook for the Town must recognize this fact. The opportunity to further expand the retail tax base in Fountain Hills is limited by the lack of available commercial land – 72% of the developable lots are already developed. Development Activity over the past year: Development Services has been involved with the following development activities during fiscal year 2011-12 (7/1/2011 – 6/30/2012): Four Concept Plans were approved by the Planning & Zoning Commission during the period: Sunridge Canyon Golf School “The Avenue” Theatre project Dunkin Donuts Avenue of the Fountains Landscape Plan ( ) 5 Three Special Use Permits were granted: “The Avenue” Theatre project Verizon - Eagle Mountain Cellular Antenna Demaret Drive Golf Net Nine Temporary Use Permits were issued during the period: (2x) Arts & Crafts Fair Farmers' Market Tour D’Artistes Art in the Park (2x) Art on the Avenue Halloween Carnival Eagles Nest Sales Office Two new Commercial Building Permits were issued: 13100 Sunridge Canyon Drive - Golf School 13226 La Montana Drive – Sun Devil Auto There were sixteen commercial tenant improvement permits issued during the last fiscal year that indicate that Fountain Hills is still a desirable place to locate a business. 13371 Fountain Hills Blvd #114 – UPS 13771 Fountain Hills Blvd #114 – UPS 13404 La Montana Blvd – Meridian Bank 13733 Fountain Hills Blvd – Safeway 13525 Fountain Hills Blvd #106 – Sherwin Williams 16838 Palisades Blvd #111 – Loving Dental 16455 Ave of Fountains - Fountain View Village 13771 Fountain Hills Blvd #103 – Subway 16225 Fountain Hills Blvd #122 – Dunkin Donuts 9800 Summer Hill Blvd - Inn At Eagle Mountain 16730 Palisades Blvd #100 – Goodwill 17210 Amhurst Dr. – North Chapel Church 11010 Saguaro Blvd #204 – Edifice Office 11010 Saguaro Blvd #101 – Edifice Office 16605 Palisades Blvd #140 – Ace Hardware 13100 Sunridge Canyon – Sunridge Canyon patio One 2-Family Residential Building Permit was issued during this period. Three new Single-Family Residential Building Permits were issued. Long-term Financial Planning Fountain Hills’ financial policies are balanced on sound financial reserves and conservative revenue growth forecasts for the foreseeable future. Potential for State legislative impacts to revenue-sharing or local revenues and additional demands for essential Town services remain. The Town’s financial policies set forth guidelines against which current budgetary performance can be measured and proposals for future programs can be evaluated. In early 2009, the Strategic Planning Advisory Commission began the process of gathering public input to update the Strategic Plan’s vision, confirm residents’ values, and create a fresh structure for the Strategic Plan revision. Subsequently, Strategic Plan 2010 is built upon the foundation of a clearly defined vision statement and eight key values, with specific indicators to evaluate Council and staff priorities. Based on citizen input, the Strategic Plan is designed to guide our future decisions grounded on these common values: ( ) 6 1. Civility 2. Civic Responsibility 3. Environmental Stewardship 4. Economic Vitality 5. Education, Learning and Culture 6. Maintain and Improve Community Infrastructure 7. Public Safety, Health and Welfare 8. Recreational Opportunities and Amenities These values guide the Town’s annual budget process. The Fountain Hills Town Council maintains a fund balance policy that ensures adequate reserves that will provide financial stability in the event of an unanticipated economic downturn. The policy was amended in FY08-09 to include the establishment of a Rainy Day Fund beginning in FY09-10. In FY10- 11 the Town adopted Governmental Accounting Standards Board (GASB) Statement No. 54 which changed how governments report fund balance. The overall principal and goal of GASB No. 54 is to report governmental fund balances based on a hierarchy that shows, from the highest to the lowest, the level or form of constraints on fund balance, and accordingly, the extent to which governments are bound to honor them: 1. Nonspendable – The initial distinction that is made in reporting fund balance information is identifying amounts that are considered nonspendable, such as fund balance associated with inventories or prepaid assets. In Fountain Hills this classification would apply to our inventory and prepaid items. 2. Restricted – The restricted fund balance category includes amounts that can be spent only for the specific purposes stipulated by constitution, external reporting providers, or through enabling legislation. In Fountain Hills this classification would apply to Highway User Revenue Fund (HURF), Development Fees, the Grant/Special Revenue Fund and the Debt Service Fund. 3. Committed – The committed fund balance classification includes amounts that can be used only for the specific purposes determined by a formal action of the government’s highest level of decision- making authority. In Fountain Hills this classification would apply to the Rainy Day Fund, Excise/Downtown Development Fund, and any General Fund surplus. 4. Assigned – Amounts in the assigned fund balance classification are intended to be used by the government for specific purposes but do not meet the criteria to be classified as restricted or committed. In Fountain Hills this classification would apply to the current Public Art, Designated, Unreserved Fund. 5. Unassigned – The unassigned fund balance is the residual classification for the government’s general fund and includes all spendable amounts not contained in the other classifications. In other funds, the unassigned classification should be used only to report a deficit balance resulting from overspending for specific purposes for which amounts had been restricted or committed. In Fountain Hills this classification would be any residual balance of monies not contained in any of the other classifications. ( ) 7 The fund balance amounts will not be programmed for expenditure and are only available for use within the confines of expenditure limitations imposed by the State. A Capital Projects Fund has been created and is funded with proceeds from excess revenues collected over budget and any unexpended appropriations not needed to meet fund balance requirements or re-appropriation. For the fiscal year ending June 30, 2012 the General Fund balance was reduced by $1.1M as a result of the Town’s decision to pay off the balance on Municipal Property Corporation bonds issued in 2005 for Town Hall. The remaining fund balance meets the requirements of the fund balance policy. The Council also adopted financial policies that include guidelines for the issuance of debt for capital expenditures, Community Facility Districts, financing alternatives, expenditure controls and financial planning. The policy was amended during fiscal year 2009-10 to reduce the allocation of the local construction sales tax to the Capital Projects Fund from 85% to 50%, reflecting the transition from one- time building activity to ongoing redevelopment activity. The debt policy was prepared with a preference for “pay-as-you-go” financing for capital spending, however, the policy did not anticipate the lack of funding for capital projects and bond funding may be reconsidered. Major Initiatives The Town of Fountain Hills’ adopted FY2011-12 budget reflects the continued recession in the local economy as well as an 8% decline in population resulting from the 2010 census, which is also mirrored at the national and state levels. Due to the challenging current economic conditions, the Town has made significant reductions in staff and service levels. This was accomplished by a thorough assessment of all existing and proposed programs and workload; as a result Town staffing was reduced from 81 to 57 FTE’s (full time equivalents) over the last two years. AWARDS AND ACKNOWLEDGEMENT Awards. The Government Finance Officers Association (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the Town of Fountain Hills for its comprehensive annual financial report (CAFR) for the fiscal year ended June 30, 2011. This was the fifteenth consecutive year that the government has received this prestigious award. In order to be awarded a Certificate of Achievement, the government published an easily readable and efficiently organized CAFR. This report satisfied both GAAP and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. We believe that our current CAFR continues to meet the Certificate of Achievement Program’s requirements and we are submitting it to the GFOA to determine its eligibility for another certificate. In addition, the government also received the GFOA’s Distinguished Budget Presentation Award for its annual budget for the fiscal year ending June 30, 2011. In order to qualify for the Distinguished Budget Presentation Award, the government’s budget document was judged to be proficient in several categories, including as a policy document, a financial plan, an operations guide, and a communications device. This is the tenth consecutive year that the Town has received the award. An investment policy was adopted and was awarded the Investment Policy Certification from the Association of Public Treasurers of United States and Canada. ( ) 8 Acknowledgements. The preparation of this report would not have been possible without the efficient and dedicated services of the entire team of the Finance and Administration Department. I would also like to extend my appreciation to the Mayor and Council for their leadership and support. Each member of the department has my sincere appreciation for the contributions made in the preparation of this report. Respectfully submitted, Ken Buchanan Town Manager TOWN OF FOUNTAIN HILLS, ARIZONA LIST OF PRINCIPAL OFFICIALS JUNE 30, 2012 (9) ELECTED OFFICIALS Mayor Ms. Linda Kavanagh Vice-Mayor Mr. Henry Leger Councilmember Mr. Dennis Brown Councilmember Mr. Cecil Yates Councilmember Mr. Tait Elkie Councilmember Ms. Cassie Hansen Councilmember Ms. Ginny Dickey DEPARTMENT DIRECTORS Town Manager Deputy Town Manager/ Finance Director Ken Buchanan Julie A. Ghetti, MPA, CPA, CGFM Presiding Judge Mitchell S. Eisenberg Community Services Director Mark Mayer Development Services Director Paul Mood Fire Chief Scott LaGreca Rural Metro Corporation District Commander Captain Joe Rodriquez Maricopa County Sheriff’s Office Town Prosecutor Iacovino & Kayler Town Attorney Andrew McGuire, Gust Rosenfeld, P.L.C. TO W N O F F O U N T A I N H I L L S , A R I Z O N A OR G A N I Z A T I O N A L C H A R T JU N E 3 0 , 2 0 1 2 (1 0 ) (11) THIS PAGE BLANK FINANCIAL SECTION THIS PAGE BLANK An independent member of Nexia International (12) INDEPENDENT AUDITORS’ REPORT The Honorable Mayor and Members of the Town Council Town of Fountain Hills, Arizona Fountain Hills, Arizona We have audited the accompanying financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the Town of Fountain Hills, Arizona (the Town), as of and for the year ended June 30, 2012, which collectively comprise the Town’s basic financial statements as listed in the table of contents. These financial statements are the responsibility of the Town’s management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, each major fund, and the aggregate remaining fund information of the Town of Fountain Hills, Arizona as of June 30, 2012, and the respective changes in financial position and the respective budgetary comparison for the General Fund for the year then ended in conformity with accounting principles generally accepted in the United States of America. Accounting principles generally accepted in the United States of America require that the management’s discussion on pages 14 through 25 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The Honorable Mayor and Members of the Town Council Town of Fountain Hills, Arizona (13) Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the Town of Fountain Hills, Arizona’s financial statements as a whole. The introductory section, combining and individual nonmajor fund financial statements and schedules, and the statistical section are presented for purposes of additional analysis and are not a required part of the basic financial statements. The combining and individual nonmajor fund financial statements and schedules are the responsibility of management and were derived from and relate directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. In our opinion, the information is fairly stated in all material respects in relation to the basic financial statements as a whole. The introductory and statistical section have not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on them. CliftonLarsonAllen LLP Mesa, Arizona October 18, 2012 REQUIRED SUPPLEMENTARY INFORMATION THIS PAGE BLANK TOWN OF FOUNTAIN HILLS, ARIZONA MANAGEMENT’S DISCUSSION AND ANALYSIS FISCAL YEAR ENDED JUNE 30, 2012 (14) As management of the Town of Fountain Hills, Arizona (Town), we offer readers of the Town’s financial statements this narrative overview and analysis of the financial activities of the Town for the fiscal year ended June 30, 2012. This discussion and analysis is intended to be an easily readable breakdown of the Town of Fountain Hills’ financial activities based on currently known facts, decisions and conditions. This analysis focuses on current year activities and operations and should be read in combination with the transmittal letter and the financial statements that follow. We encourage readers to consider the information presented here in conjunction with additional information that we have furnished in our letter of transmittal, which can be found in the introductory section of this report. FINANCIAL HIGHLIGHTS The assets of the Town exceeded its liabilities at the close of fiscal year 2011-12 and fiscal year 2010-11 by $119.0 million and $119.6 million, respectively. Of these amounts, $21.1 million and $22.6 million, respectively, may be used to meet the government’s ongoing obligations to citizens and creditors. Governmental activities program revenues decreased overall by $1,315,844 (26%) over the previous year. The completion of a major street project funded by grants/contributions contributed to the decline of both operating and capital grants. Charges for services decreased by 9% as a result of the continued recession and lack of development permits. At June 30, 2012, total fund balance of the governmental funds was $24.5 million, an increase of $0.3 million (1.4%) from the previous year which can be attributed to the town’s fiscal policy to spend within budget limits. Of this, $3.7 million is unassigned in the General Fund, while the remainder is classified as committed, assigned and nonspendable. The major governmental funds which includes the General Fund, total $15.2 million in revenues, consisting primarily of local taxes, intergovernmental taxes, charges for services and licenses and permits. The total expenditures of the General Fund were $11.7 million and the fund balance decreased from $8.3 million to $7.2 million including the Rainy Day, Public Art, and Vehicle Replacement Funds. The nonmajor governmental funds revenues were $1.7 million with the majority from Intergovernmental - Highway User Revenue Funds (HURF). Expenditures for the non-major funds were $1.3 million with $1.0 million from the HURF Fund. The Town’s total net assets of governmental activities decreased $541,961 (0.5%) from the prior fiscal year; revenues decreased 9.8% with the expiration of grant funding and a reduction in expenditures was also made (5.3%) in streets related to the major street project. General revenues accounted for $14.4 million in revenue, or 79% of all current fiscal year revenues. Program specific revenues in the form of charges for services and grants and contributions accounted for $3.7 million or 21% of total current fiscal year revenues. The Town had approximately $18.6 million in expenses related to governmental activities, a decrease of 5.3% from the prior fiscal year. The decline caused by a protracted economic recession resulted in significant expenditure reductions in all activities with the exception of General Government which included payoff of bonds. Per local policy, residual unassigned General Fund revenues may be transferred to the Rainy Day fund, supplement pay-as-you-go capital outlay expenditures or prepay existing town debt. The Council authorized the use of general fund surplus revenues in FY11-12 to transfer funds to the Municipal Property Corporation Debt Service Fund to provide funds that were placed in an irrevocable trust to provide for future principal and interest payments on bonds that were issued in 2005 for the Town Hall. The general fund balance will include the surplus, the Rainy Day and vehicle replacement funds in the amount of $7.2 million. TOWN OF FOUNTAIN HILLS, ARIZONA MANAGEMENT’S DISCUSSION AND ANALYSIS FISCAL YEAR ENDED JUNE 30, 2012 (15) OVERVIEW OF FINANCIAL STATEMENTS This discussion and analysis are intended to serve as an introduction to the Town’s basic financial statements. The Town’s basic financial statements comprise three components: 1) government-wide financial statements, 2) fund financial statements, and 3) notes to the financial statements. This report also contains other supplementary information in addition to the basic financial statements themselves. Government-Wide Financial Statements The government-wide financial statements are designed to provide readers with a broad overview of the Town’s finances, in a manner similar to a private sector business. The accrual basis of accounting is used for the government-wide financial statements. The Statement of Net Assets presents information on all of the Town’s assets and liabilities, with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the Town is improving or deteriorating. The Statement of Activities presents information showing how the Town’s net assets changed during the most recent fiscal year. All changes in net assets are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and expenses are reported in this statement for some items that will only result in cash flows in future fiscal periods (e.g., uncollected taxes and earned but unused compensated absences). The government-wide financial statements outline functions of the Town that are principally supported by taxes and intergovernmental revenues. The governmental activities of the Town include general government, public safety, highways and streets, culture and recreation, development services, and interest on long-term debt. Fund Financial Statements A fund is a grouping of related accounts that is used to maintain control over resources that have been segregated for specific activities or objectives. The Town uses fund accounting to ensure and demonstrate compliance with finance-related legal requirements. All of the funds of the Town are included in the governmental funds. Governmental Funds – Governmental funds are used to account for essentially the same functions reported as governmental activities in the government-wide financial statements. However, unlike the government-wide financial statements, governmental fund financial statements use the modified accrual basis of accounting and focus on near-term inflows of spendable resources, as well as on balances of spendable resources available at the end of the fiscal year. Such information may be useful in evaluating the Town’s near-term financing requirements. TOWN OF FOUNTAIN HILLS, ARIZONA MANAGEMENT’S DISCUSSION AND ANALYSIS FISCAL YEAR ENDED JUNE 30, 2012 (16) Because the focus of governmental funds is narrower than that of the government-wide financial statements, it is useful to compare the information presented for governmental funds with similar information presented for governmental activities in the government-wide financial statements. By doing so, readers may better understand the long-term impact of the Town’s near-term financing decision. Both the governmental fund balance sheet and the governmental fund statement of revenues, expenditures and changes in fund balances provide a reconciliation to facilitate this comparison between governmental funds and governmental activities. Information is presented separately in the governmental fund balance sheet and in the governmental fund statement of revenues, expenditures and changes in fund balances for the General Fund, General Obligation Debt Service Fund, Municipal Property Corporation Debt Service Fund, Eagle Mountain Debt Service Fund, and Capital Projects Fund, all of which are considered to be major funds. Data from the other governmental funds are combined into a single, aggregated presentation. Individual fund data for each of these non-major governmental funds is provided in the form of combining statements and schedules. Notes to Basic Financial Statements The notes provide additional information that is essential to a full understanding of the data provided in the government-wide and fund financial statements. The notes to basic financial statements can be found immediately following the basic financial statements. Other Information Governments have the option of including the budgetary comparison statements for the General Fund and major special revenue funds as either part of the fund financial statements within the basic financial statements, or as required supplementary information following the notes to the basic financial statements. The Town has chosen to present these budgetary statements as part of the basic financial statements. GOVERNMENT-WIDE FINANCIAL ANALYSIS While this document contains information about the funds used by the Town to provide services to our citizens, the Statement of Net Assets and the Statement of Activities serve to provide an answer to the question of how the Town, as a whole, did financially throughout the year. These statements include all assets and liabilities using the accrual basis of accounting similar to the accounting used by the private sector. The basis for this accounting takes into account all of the current year’s revenues and expenses regardless of when the cash is received or paid. These two statements report the Town’s assets and the changes in those assets. The change in assets is important because it tells the reader whether the financial position of the Town as a whole has improved or diminished. However, in evaluating the overall position of the Town, non-financial information such as changes in the Town’s tax base and the condition of the Town’s capital assets will also need to be evaluated. TOWN OF FOUNTAIN HILLS, ARIZONA MANAGEMENT’S DISCUSSION AND ANALYSIS FISCAL YEAR ENDED JUNE 30, 2012 (17) Analysis of Net Assets Net assets may serve over time as a useful indicator of a government’s financial position. In the case of the Town, assets exceeded liabilities by $119.0 million at the current fiscal year end. The following table presents a summary of the Town’s net assets for the fiscal years ended June 30, 2012 and June 30, 2011. 2012 2011 Percent Change ASSETS Current and Other Assets28,669,946$ 28,545,371$ 0.4% Capital Assets: Non-depreciable25,934,778 28,304,198 -8.4% Depreciable (net)81,921,325 82,314,694 -0.5% Total Assets136,526,049 139,164,263 -1.9% LIABILITIES Other Liabilities3,256,053 3,334,185 -2.3% Long-Term Liabilities: Due Within One Year 2,319,551 2,249,113 3.1% Due in More Than One Year 11,928,659 14,017,218 -14.9% Total Liabilities17,504,263 19,600,516 -10.7% NET ASSETS Invested in Capital Assets, Net of Related Debt 92,006,103 92,579,483 -0.6% Restricted5,951,416 4,385,595 35.7% Unrestricted21,064,267 22,598,669 -6.8% Total Net Assets119,021,786$ 119,563,747$ -0.5% Town of Fountain Hills, Arizona Statement of Net Assets The largest portion of the Town’s net assets (77%) reflects its investment in capital assets (e.g., land, infrastructure, buildings, improvements other than buildings, vehicles, machinery and equipment, and artwork) less any related debt used to acquire those assets that is still outstanding. The Town uses these capital assets to provide services to its citizens; consequently, these assets are not available for future spending. Although the Town’s investment in its capital assets is reported net of related debt, it should be noted that the resources needed to repay this debt must be provided from other sources, since the capital assets themselves cannot be used to liquidate these liabilities. In addition, a portion of the Town’s net assets (5%) are for the specified purposes of debt service repayment, capital outlay investment, and highways and streets. At the end of the current fiscal year, the Town reported positive balances in all three categories of net assets. The same situation held true for the prior fiscal year. The Town’s financial position is the product of several financial transactions including the net results of activities, the acquisition and payment of debt, the acquisition and disposal of capital assets, and the depreciation of capital assets. TOWN OF FOUNTAIN HILLS, ARIZONA MANAGEMENT’S DISCUSSION AND ANALYSIS FISCAL YEAR ENDED JUNE 30, 2012 (18) Analysis of Changes in Net Assets The Town’s total net assets decreased by $541,961 during the FY11-12. Factors contributing to this decrease are presented on the following pages. Total governmental revenues decreased over the prior year with a net decrease of $1,958,978 (10%). The most significant decrease was the exhaustion of operating and capital grants of $1,209,514 (31%) in capital grants as well as a decrease in revenues for programs. The Town also saw a decrease in local sales taxes of $225,991 (3%) as well as revenues shared with cities/towns by the State (income tax, state sales tax and vehicle license taxes – down 7%). The Town’s total revenues for the current fiscal year were $18.1 million. The total cost of all programs and services was $18.6 million. The following table presents a summary of the changes in net assets for the fiscal years ended June 30, 2012 and June 30, 2011. 2012 2011 Percent Change REVENUES Program Revenues: Fees, Fines and Charges for Services1,058,088$ 1,164,418$ -9.1% Operating Grants and Contributions 1,285,656 1,614,462 -20.4% Capital Grants and Contributions 1,392,706 2,273,414 -38.7% General Revenues: Sales Taxes 7,787,489 8,013,480 -2.8% Property Taxes 1,453,405 1,349,079 7.7% Franchise Taxes 332,130 322,659 2.9% State Shared Revenues 3,793,385 4,417,589 -14.1% Auto Lieu Taxes 722,126 799,551 -9.7% Investment Earnings 88,877 28,456 212.3% Miscellaneous 178,393 68,125 161.9% Total Revenues 18,092,255 20,051,233 -9.8% EXPENSES General Government 3,119,113 2,876,848 8.4% Public Safety 5,820,136 5,963,067 -2.4% Highways and Streets 4,718,047 5,567,973 -15.3% Culture and Recreation 2,754,731 2,840,154 -3.0% Development Services 1,442,613 1,572,202 -8.2% Interest on Long-Term Debt 779,576 851,957 -8.5% Total Expenses18,634,216 19,672,201 -5.3% CHANGE IN NET ASSETS (541,961) 379,032 243.0% Net Assets - Beginning of Year 119,563,747 119,184,715 0.3% NET ASSETS - END OF YEAR 119,021,786$ 119,563,747$ -0.5% Town of Fountain Hills, Arizona Changes in Net Assets TOWN OF FOUNTAIN HILLS, ARIZONA MANAGEMENT’S DISCUSSION AND ANALYSIS FISCAL YEAR ENDED JUNE 30, 2012 (19) General revenues such as property, business, and privilege taxes are not shown by program, but are effectively used to support program activities town-wide. For governmental activities overall, without regard to program, business taxes which includes Sales and Use Taxes and Franchise Taxes, are the largest single source of funds (43%), followed by state shared revenues and auto lieu (21%), property taxes (8%), charges for services (6%) and grants (15%). The charts below compare the governmental expenses from fiscal year 2011-12 and fiscal year 2010- 11. 16% 31% 25% 15% 8% 5% Fiscal Year 2011‐12 Expenses General Government Public Safety Highways and Streets Culture and Recreation Development Services Interest on Long‐Term Debt 15% 30% 28% 15% 8%4% Fiscal Year 2010‐11 Expenses General Government Public Safety Highways and Streets Culture and Recreation Development Services Interest on Long‐Term Debt General GovernmentPublic SafetyHighways and Streets Culture and RecreationCommunity DevelopmentInterest on long-term debt TOWN OF FOUNTAIN HILLS, ARIZONA MANAGEMENT’S DISCUSSION AND ANALYSIS FISCAL YEAR ENDED JUNE 30, 2012 (20) The following are significant current year transactions that had an impact on the Statement of Net Assets and Statement of Activities: Overall revenues decreased by 9.8% compared to last year primarily the consequence of expiring grant funds. Additionally, state shared revenues declined 14.1% which reflected the decreased share related to declining population. The town does not have a primary property tax that is used for operations; the town property tax levy is dependent upon the annual debt payment for voter approved bonds. The increased property tax is a result of an increase in the annual debt payment. Depreciable assets declined 0.5% ($393,369) with the Town’s deferred investment in capital infrastructure and improvements, specifically roads. A major road project, Shea Boulevard climbing lane, was funded through the American Recovery and Reinvestment Act (ARRA) through Arizona Department of Transportation ($1.8 million). This project was a federal grant that was awarded to the Arizona Department of Transportation for a project within the town infrastructure. The town was not considered a sub recipient of the grant; however, the improvements were donated from the Arizona Department of Transportation. The increase in miscellaneous revenues is primarily attributable to refunds from the town liability insurance carrier ($77,839) a non-profit agency for funding related to background checks ($13,324) and a state agency for prisoner fees ($16,456). State shared revenues are determined by the prior two years of income tax returns in Arizona and is shared with cities and towns based on population; the two year lag affected the current fiscal year revenues and will for at least the next year as the economy lags. Additionally, as surrounding communities grow in population the town will lose a proportionate share due to fixed borders and lack of available developable land. Sales tax revenues in Fountain Hills are derived primarily from retail, telecommunications, restaurant/bars and construction activity. Construction activity saw the steepest declines from $2.4 million in FY08 to less than $600 thousand in FY12; retail and telecommunications activity, however, have leveled off with a very slight increase, less than 1%. Restaurants and bars increased more than 2%. Overall expenses decreased 5.3% as the Town manages through the great recession by matching expenses with available resources. General Government expenditures increased over the prior year as a result of the costs for the bi-annual election for Mayor and Town Council as well as expenditures for upgraded equipment for the Town’s television public access channel. Development Services includes Public Works, Streets, Building Safety, Planning, Code Enforcement and Facilities. Deferred maintenance on public infrastructure resulted in a decrease in Development Services expenses. Public Safety costs include contracts for police and fire; those contracts are multi-year with automatic increases. Other significant expense reductions were deferral of replacement equipment and vehicles until the economy shows signs of recovery. FINANCIAL ANALYSIS OF THE TOWN’S FUNDS As noted earlier, the Town uses fund accounting to ensure and demonstrate compliance with finance- related legal requirements. TOWN OF FOUNTAIN HILLS, ARIZONA MANAGEMENT’S DISCUSSION AND ANALYSIS FISCAL YEAR ENDED JUNE 30, 2012 (21) Governmental funds. The focus of the Town’s governmental funds is to provide information on near- term inflows, outflows, and balances of resources that are available for spending. Such information is useful in assessing the Town’s financing requirements. In particular, unassigned fund balance may serve as a useful measure of a government’s net resources available for spending at the end of the fiscal year. Types of Major Governmental Funds reported by the Town include the General Fund, Capital Projects Fund, General Obligation Debt Service Fund, Eagle Mountain Debt Service Fund and the Municipal Property Corporation Debt Service Fund. The financial performance of the Town as a whole is reflected in its governmental funds. As the Town completed the year, its governmental funds reported a combined fund balance of $24.5 million, an increase of $0.3 million due primarily maintain a strong fiscal policy of spending within budget limits and not exceeding available funding. Increase (Decrease) FundBalanceFrom FY 2010-11 General Fund 7,229,860$ (1,076,106)$ Capital Projects Fund9,312,168 (321,620) General Obligation Debt Service Fund63,317 11,984 Municipal Property Corporation Debt Service Fund2,739,511 1,848,205 Eagle Mountain Debt Service Fund8,944 3,612 Nonmajor Governmental Funds5,157,583 (127,731) 24,511,383$ 338,344$ The General Fund is the chief operating fund of the Town of Fountain Hills, Arizona. At the end of the current fiscal year, the fund balance of the General Fund was $7,229,860, while total fund balance of the funds reached $24.5 million. As a measure of the General Fund’s liquidity, it may be useful to compare both General Fund balance and total fund balance to total fund expenditures. General Fund balance represents 62 percent of total General Fund expenditures, while total fund balance represents 148 percent of total expenditures. The fund balance of the Town of Fountain Hills, Arizona’s General Fund decreased by $1.1M which includes a transfer of $1.9 to the Municipal Property Corporation Debt Service Fund to place funds in an irrevocable trust with an escrow agent to provide for future principal and interest payments on a bond issued in 2005. Expenditures within the General Fund increased 1.9% over the prior year – the primary reason for the increase is the contractual obligations for public safety contracts. The General Fund comprises 29 percent of the total fund balance. Approximately $3.7 million, or 51 percent of the General Fund’s fund balance constitutes unassigned fund balance. The remaining fund balance is committed, assigned and nonspendable for inventory and prepaid items. The General Fund is the principal operating fund of the Town; overall the General Fund’s performance resulted in revenues over expenditures for FY12 in an amount of $0.9 million. The fund balance of $7.2 million in the General Fund as of June 30, 2012 decreased in the current year substantially due to a transfer recorded in the General Fund to the Municipal Property Corporation (MPC) Debt Service Fund to provide for future principal and interest requirements on an MPC Revenue Bond issued in 2005 to construct Town Hall. TOWN OF FOUNTAIN HILLS, ARIZONA MANAGEMENT’S DISCUSSION AND ANALYSIS FISCAL YEAR ENDED JUNE 30, 2012 (22) The fund balance of the Capital Project’s Fund decreased $321,620 during the current fiscal year. The decrease was primarily due to the planned use of capital project fund balance to fund pay as you go projects that were committed through matching funds for grants. The fund balance of the General Obligation Debt Service Fund increased $11,984 during the current fiscal year. The increase was largely due to the increase in property tax collections for debt service. The fund balance of the Municipal Property Corporation (MPC) Debt Service Fund increased $1,848,205 during the current fiscal year. Revenues for the MPC are derived from local sales tax collections which were consistent with the prior year. The annual debt payment committed for the MPC is fixed but there are sufficient reserves to pay annual debt service. The increase in fund balance was largely due to a transfer from the General Fund to the MPC Debt Service Fund to provide for future principal and interest requirements on an MPC Revenue Bond issued in 2005 to construct Town Hall. The fund balance of the Eagle Mountain Debt Service Fund increased by $3,612 during the current fiscal year due to property tax revenues collected. All nonmajor governmental funds of the Town are combined into one column on the governmental fund statements. The nonmajor governmental funds reported a $127,731 decrease in fund balance mainly due to the transfer of funds from General Government development fees to the defeasance of Town Hall bonds. BUDGETARY HIGHLIGHTS A schedule showing the original and final budget amounts compared to the town’s actual financial activity for the general fund is provided in this report as part of the basic financial statements. The significant variances are summarized as follows: The unfavorable revenue variance of $18,090 (less than 1%) in taxes is due to timing of projected revenues versus actual receipt. The favorable variance in intergovernmental revenues was a result of the state’s projection of state sales and vehicle license taxes being less than actual collections which affects the distribution to cities and towns. The unfavorable revenue variance of $19,254 in licenses and permits reflects the continued economic recession, particularly in construction related activities but an increase over the prior year. Building permit revenues continue to decline as well as business license renewals and applications. The unfavorable revenue variance of $56,810 in fines and forfeiture reflects decreased court activity related to decreased traffic citations within town borders. The favorable expenditure variance of $866,158 includes all departments. The staff has managed expenditures and looked for efficiencies wherever possible. The general government variance is due primarily to the appropriation of approximately $300,000 in the event the economy worsened during the fiscal year; this contingency was not required. TOWN OF FOUNTAIN HILLS, ARIZONA MANAGEMENT’S DISCUSSION AND ANALYSIS FISCAL YEAR ENDED JUNE 30, 2012 (23) CAPITAL ASSETS AND DEBT ADMINISTRATION Capital Assets As of June 30, 2012, the Town had invested $192.8 million in capital assets (not including accumulated depreciation), including buildings, vehicles, computers, equipment, infrastructure and artwork. This amount represents a net increase prior to depreciation of $1.3 million from the prior fiscal year, primarily due to a major road improvement project on Shea Boulevard that has completed construction. Total depreciation expense for the current fiscal year was $4.9 million. The following schedule presents a summary of capital asset balances for the fiscal years ended June 30, 2012 and June 30, 2011. 2012 2011 Percent Change Land23,571,668$ 23,571,668$ 0.0% Artwork1,829,500 1,688,500 8.4% Construction in Progress533,610 3,044,030 -82.5% Infrastructure58,772,006 57,986,232 1.4% Buildings14,550,487 14,911,290 -2.4% Improvements other than Buildings8,366,079 9,214,491 -9.2% Vehicles, Machinery and Equipment232,753 202,681 14.8% Total Capital Assets107,856,103$ 110,618,892$ -2.5% Town of Fountain Hills, Arizona Capital Assets (Net of Accumulated Depreciation) Additional information on the Town’s capital assets can be found in Note 3.A.3. Long-Term Debt At year-end, the Town had $13.9 million in bonds outstanding, $2.3 million due within one year; this represents a net decrease of $2.0 million. The chart below is a summary of the Town’s outstanding debt as of year-end: 20122011 General Obligation Bonds6,845,000$ 7,965,000$ Revenue Bonds7,040,000 7,885,000 Premium on Bonds- 74,409 Total Outstanding Debt13,885,000$ 15,924,409$ Town of Fountain Hills, Arizona Outstanding Long-term Bonds The Town’s general obligation bonds are subject to two limits; the Constitutional debt limit (total debt limit) on all general obligation bonds (up to 20% of the total secondary assessed valuation) and the statutory debt limit on general municipal purpose bonds (up to 6% of the total secondary assessed valuation). The current total debt limitation for the Town is $94.4 million, which is more than the Town’s outstanding general obligation debt. Additional information on the Town’s long-term debt can be found in Note 3.C. TOWN OF FOUNTAIN HILLS, ARIZONA MANAGEMENT’S DISCUSSION AND ANALYSIS FISCAL YEAR ENDED JUNE 30, 2012 (24) ECONOMIC FACTORS The town continues to maintain strong reserves for unforeseen circumstances, whether of a financial nature or a natural (or other) disaster. The town’s reserves, in combination with our consistent adherence to adopted financial policies and management practices, proved big factors in the Aa3 credit rating awarded to Fountain Hills by the major credit rating companies. The housing market has cooled significantly (both nationally and regionally), indicating that the overall economy may continue to experience slow growth in the year ahead. The town’s local housing economy provides building permit and construction sales tax revenue, which have declined over the past four fiscal years. With a limited inventory of available lots the town will have to adjust to the new economy, one that is less dependent upon building activity as a source of reliable revenue. There is an area of almost 1,300 acres that was annexed in 2006 that is planned to be developed but the first building permit is not scheduled to be issued until 2015. The town’s local sales tax collections, which represent the largest town revenue source is made up of primarily retail, telecommunications and restaurant bar activity. Construction related sales tax are projected to continue declining for the foreseeable future; retail collections, however, are projected to remain steady due to the fact that the existing retail base is not significantly affected by the recession (major retail activity consists of three grocery stores and one shopping center with a major retailer). The town is heavily dependent upon state shared revenues for general fund operations (36%); state- shared income tax revenues are anticipated to increase slightly during fiscal year 2012-13 with increased individual and business revenues and state collections. The town is aggressively pursuing economic vitality and redevelopment opportunities, specifically a proposed development in the downtown center. The town partnered with the Fountain Hills Chamber of Commerce to commission a vision for the downtown core including the world renowned Fountain Lake area. The plan was presented to the public late summer of 2009 and serves as a useful tool to attract developers. As of June 30, 2012 the town had set aside $9.3 million in the capital improvement funds but the majority of capital projects will be deferred until the economy improves. The town has been successful in obtaining stimulus funding for a major road improvement along Shea Boulevard that was completed in FY11. The town completed a second construction project for another major road improvement on Shea Boulevard with further stimulus funding in FY12. NEXT YEAR’S BUDGETS AND RATES The protracted economic recession has forced the town to evaluate core services and, in some cases, to reduce existing service levels. Prudent long-term fiscal planning dictates that we remain conservative, focus on the highest Council and citizen priorities, and fund only those enhancements we can sustain financially. The FY13 general fund operating budget is $14.8 million representing a 6% increase from fiscal year 2011-12. The operating budget is comprised of the costs to continue operations from year to year without any capital expenditures. It encompasses all the basic services provided to Fountain Hills’ residents: police and fire protection; parks, recreation, streets maintenance; planning and zoning; building inspection; economic development and administrative services. The capital budget is set at $11.6 million, a 27% decrease over fiscal year 2011-12. There are some projects in the five-year plan that are considered affordable within current revenue sources, others will require other sources of revenue for funding such as bonds, grants, etc. Capital budgets tend to rise and fall each year depending on the timing of projects – especially if a town, such as Fountain Hills, strives to achieve a “pay-as-you-go” program. TOWN OF FOUNTAIN HILLS, ARIZONA MANAGEMENT’S DISCUSSION AND ANALYSIS FISCAL YEAR ENDED JUNE 30, 2012 (25) The capital improvement program (CIP) is the town’s financial plan for supporting large capital projects. The five-year CIP addresses the growing needs of the community and enhances the quality of life through major public investment, and is an essential ingredient in the town’s service delivery plan. The CIP is closely aligned with the general plan, and integrates a number of specialized facility and infrastructure master plans. Looking ahead, the five-year CIP totals $60.9 million; with the capital budget for fiscal year 2012-13 totaling $4.3 million (which includes carryover funds for some large projects currently underway). In fiscal year 2012-13, the CIP places major emphasis on major road improvements and maintenance. Due to the economy there are no recreational or non essential projects proposed. CONTACTING THE TOWN’S FINANCIAL MANAGEMENT This financial report is designed to provide our citizens, taxpayers, and investors and creditors with a general overview of the Town’s finances and to demonstrate the Town’s accountability for the resources it receives. If you have questions about this report or need additional information, contact the Finance Division, Town of Fountain Hills, 16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268. Our website can be found at www.fh.az.gov. BASIC FINANCIAL STATEMENTS TOWN OF FOUNTAIN HILLS, ARIZONA STATEMENT OF NET ASSETS JUNE 30, 2012 See accompanying Notes to Basic Financial Statements. (26) Governmental Activities ASSETS Cash and Investments 21,613,515$ Cash with Paying Agent 2,234,774 Receivables, Net: Accounts Receivable 244,868 Intergovernmental Receivables 827,063 Property Taxes Receivable 49,450 Inventory, At Cost 9,332 Prepaid Items 33,719 Deferred Charges 852,633 Restricted Assets 2,804,592 Capital Assets: Non-Depreciable 25,934,778 Depreciable (Net) 81,921,325 Total Assets 136,526,049 LIABILITIES Accounts Payable 524,650 Accrued Wages and Benefits 123,542 Interest Payable 374,987 Unearned Revenue 267,874 Matured Debt Principal Payable 1,965,000 Noncurrent Liabilities: Due Within One Year 2,319,551 Due in More Than One Year 11,928,659 Total Liabilities 17,504,263 NET ASSETS Invested in Capital Assets, Net of Related Debt 92,006,103 Restricted For: Highways and Streets 867,219 Public Safety 240,525 Capital Outlay 1,993,771 Debt Service 2,833,891 Cottonwoods Maintenance District 16,010 Unrestricted 21,064,267 Total Net Assets 119,021,786$ TOWN OF FOUNTAIN HILLS, ARIZONA STATEMENT OF ACTIVITIES FISCAL YEAR ENDED JUNE 30, 2012 See accompanying Notes to Basic Financial Statements. (27) NET (EXPENSE) REVENUE Fees, Fines andOperatingCapital Charges forGrants andGrants andGovernmental FUNCTIONS/PROGRAMSEXPENSES ServicesContributionsContributionsActivities Governmental Activities: General Government3,119,113$ 1,025,940$ -$ 234,281$ (1,858,892)$ Public Safety 5,820,136 20,323 119,141 - (5,680,672) Highways and Streets 4,718,047 11,825 1,166,515 1,158,425 (2,381,282) Culture and Recreation 2,754,731 - - - (2,754,731) Development Services 1,442,613 - - - (1,442,613) Interest on Long-Term Debt 779,576 - - - (779,576) Total Governmental Activities $ 18,634,216 $ 1,058,088 $ 1,285,656 $ 1,392,706 (14,897,766) GENERAL REVENUES Taxes: Sales Taxes 7,787,489 Property Taxes 1,453,405 Franchise Taxes 332,130 State Sales Tax Revenue Sharing - Unrestricted 3,793,385 Auto Lieu Tax Revenue Sharing - Unrestricted 722,126 Investment Earnings 88,877 Miscellaneous 178,393 Total General Revenues 14,355,805 Change in Net Assets (541,961) Net Assets - Beginning 119,563,747 Net Assets - Ending119,021,786$ PROGRAM REVENUES AND CHANGES IN NET ASSETS TOWN OF FOUNTAIN HILLS, ARIZONA BALANCE SHEET GOVERNMENTAL FUNDS JUNE 30, 2012 See accompanying Notes to Basic Financial Statements. (28) Municipal GeneralProperty CapitalObligationCorporation GeneralProjectsDebt ServiceDebt Service ASSETS Cash and Investments6,711,553$ 9,596,239$ 42,289$ 83,351$ Cash with Paying Agent- - 928,656 958,625 Accounts Receivable222,567 12,951 - - Intergovernmental Receivable553,065 115,380 - 32,765 Taxes Receivable- - 40,997 - Inventory, at cost9,332 - - - Prepaid Items28,245 - - - Restricted Assets75,484- - 2,729,108 Total Assets7,600,246$ 9,724,570$ 1,011,942$ 3,803,849$ LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable231,569$ 212,402$ -$ 500$ Accrued Wages and Benefits109,171 - - - Interest Payable- - 88,656 218,838 Deferred Revenue29,646 200,000 19,969 - Matured Debt Principal Payable- - 840,000 845,000 Total Liabilities370,386 412,402 948,625 1,064,338 Fund Balances: Nonspendable Cash with Escrow Agent- - - 2,623,895 Inventory9,332 - - - Prepaid Items28,245 - - - Restricted- - 63,317 115,616 Committed1,345,200 - - - Assigned2,190,910 9,312,168 - - Unassigned3,656,173 - - - Total Fund Balance7,229,860 9,312,168 63,317 2,739,511 Total Liabilities and Fund Balance7,600,246$ 9,724,570$ 1,011,942$ 3,803,849$ (29) EagleNonmajorTotal MountainGovernmentalGovernmental Debt ServiceFundsFunds 2,641$ 5,177,442$ 21,613,515$ 347,493 - 2,234,774 - 9,350 244,868 - 125,853 827,063 8,453 - 49,450 - - 9,332 - 5,474 33,719 - - 2,804,592 358,587$ 5,318,119$ 27,817,313$ -$ 80,179$ 524,650$ - 14,371 123,542 67,493 - 374,987 2,150 65,986 317,751 280,000 - 1,965,000 349,643 160,536 3,305,930 - - 2,623,895 - - 9,332 - 5,474 33,719 8,944 3,112,549 3,300,426 - 2,039,560 3,384,760 - - 11,503,078 - - 3,656,173 8,944 5,157,583 24,511,383 358,587$ 5,318,119$ 27,817,313$ THIS PAGE BLANK TOWN OF FOUNTAIN HILLS, ARIZONA RECONCILIATION OF THE BALANCE SHEET OF GOVERNMENTAL FUNDS TO THE STATEMENT OF NET ASSETS JUNE 30, 2012 See accompanying Notes to Basic Financial Statements. (30) Total Fund Balances for Governmental Funds24,511,383$ Governmental Capital Assets 192,779,992 Less Accumulated Depreciation (84,923,889) Capital Assets Used in Governmental Activities 107,856,103 Property Taxes 49,877 852,633 General Obligation Bonds (6,845,000) Revenue Bonds Payable (7,040,000) Compensated Absences (363,210) Total Net Assets of Governmental Activities119,021,786$ Long-termliabilities,includingbondspayableandcompensatedabsences,arenotdue andpayableinthecurrentperiodandthereforearenotreportedinthegovernmental funds. Capitalassetsusedingovernmentalactivitiesarenotfinancialresourcesandtherefore are not reported in the governmental funds. Amounts reported for governmental activities in the Statement of Net Assets are different because: Somerevenuesarenotavailabletopayforcurrentperiodexpendituresand,therefore, are deferred in the funds. Bondissuancecostsarereportedasexpendituresinthegovernmentalfundsandshown net of accumulated amortization in the Statement of Net Assets as deferred charges. TOWN OF FOUNTAIN HILLS, ARIZONA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES GOVERNMENTAL FUNDS FISCAL YEAR ENDED JUNE 30, 2012 See accompanying Notes to Basic Financial Statements. (31) Municipal General Property CapitalObligationCorporation GeneralProjectsDebt ServiceDebt Service REVENUES Taxes: Sales Taxes6,579,468$ 300,202$ -$ 605,213$ Property Taxes- - 1,029,242 - Franchise Taxes332,130 - - - Intergovernmental4,496,652 204,262 - - Fines and Forfeitures203,350 - - - Licenses and Permits194,976 - - - Charges for Services353,718 - - - Rents and Royalties206,018 - - - Investment Earnings38,493 30,713 305 588 Other173,839 - - - Total Revenues12,578,644 535,177 1,029,547 605,801 EXPENDITURES Current: General Government2,631,726 - - - Public Safety5,869,445 - - - Highways and Streets- - - - Culture and Recreation1,794,332 - - - Development Services1,421,787 - - - Debt Service: Principal Retirement- - 840,000 845,000 Interest on Long-Term Debt- - 177,563 327,312 Fiscal Charges- - - 48,402 Capital Outlay- 863,420 - - Total Expenditures11,717,290 863,420 1,017,563 1,220,714 Excess (Deficiency) of Revenues Over Expenditures861,354 (328,243) 11,984 (614,913) OTHER FINANCING SOURCES (USES) Transfers In- 6,623 - 2,463,118 Transfers Out(1,937,460) - - - Total Other Financing Sources (Uses)(1,937,460) 6,623 - 2,463,118 Net Change in Fund Balance(1,076,106) (321,620) 11,984 1,848,205 FUND BALANCE Beginning of Year8,305,966 9,633,788 51,333 891,306 End of Year7,229,860$ 9,312,168$ 63,317$ 2,739,511$ (32) EagleNonmajorTotal MountainGovernmentalGovernmental Debt ServiceFundsFunds -$ 302,606$ 7,787,489$ 425,125 3,335 1,457,702 - - 332,130 - 1,334,534 6,035,448 - 20,323 223,673 - - 194,976 - 51,945 405,663 - - 206,018 97 18,681 88,877 - 4,554 178,393 425,222 1,735,978 16,910,369 - 255,595 2,887,321 - - 5,869,445 - 1,054,930 1,054,930 - - 1,794,332 - - 1,421,787 280,000 - 1,965,000 134,260 - 639,135 7,350 - 55,752 - 20,903 884,323 421,610 1,331,428 16,572,025 3,612 404,550 338,344 - 286 2,470,027 - (532,567) (2,470,027) - (532,281) - 3,612 (127,731) 338,344 5,332 5,285,314 24,173,039 8,944$ 5,157,583$ 24,511,383$ TOWN OF FOUNTAIN HILLS, ARIZONA RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES FISCAL YEAR ENDED JUNE 30, 2012 See accompanying Notes to Basic Financial Statements. (33) Net Change in Fund Balances of Governmental Funds338,344$ Expenditures for Capital Assets 1,333,785 Less Current Year Depreciation (4,865,600) Excess Depreciation Over Capital Expenditures (3,531,815) Loss on Disposal of Capital Assets (389,399) Capital Contributions 1,158,425 Property Taxes 23,461 Principal Payments on General Obligation Bonds 1,120,000 Principal Payments on Revenue Bonds 845,000 Amortization of Deferred Amount on Bond Premium 74,409 Amortization of Deferred Charges (159,098) Net Increase in Compensated Absences (21,288) Change in Net Assets of Governmental Activities(541,961)$ AmountsreportedforgovernmentalactivitiesintheStatementofActivitiesaredifferent because: Governmentalfundsreportcapitaloutlaysasexpenditures.However,intheStatementof Activitiesthecostofthoseassetsisallocatedovertheirestimatedusefullivesand reported as depreciation expense. SomeexpensesreportedintheStatementofActivitiesdonotrequiretheuseofcurrent financial resources and therefore are not reported as expenditures in the governmental SomerevenuesreportedintheStatementofActivitiesdonotprovidecurrentfinancial resources and therefore are not reported as revenues in governmental funds. TheStatementofActivitiesreportslossesarisingfromthedisposalofexistingcapital assetsaswellascapitalcontributionsreceivedfromothergovernments.Conversely, governmentalfundsdonotreportanygainorlossondisposalsofcapitalassetsorcapital contributions. Theissuanceoflong-termdebt(e.g.bonds)providescurrentfinancialresourcesto governmentalfunds,whiletherepaymentoftheprincipaloflong-termdebtconsumesthe currentfinancialresourcesofgovernmentalfunds.Neithertransaction,however,hasany effectonnetassets.Theissuanceoflong-termdebtincreaseslong-termliabilitiesonthe StatementofNetAssetsandtherepaymentofprincipalonlong-termdebtreduceslong- termdebtontheStatementofNetAssets.Also,governmentalfundsreporttheeffectof issuancecosts,premiums,andsimilaritemswhenthedebtisfirstissued,whereasthese itemsaredeferredandamortizedoverthetermofthelongtermdebtintheStatementof Activities. TOWN OF FOUNTAIN HILLS, ARIZONA STATEMENT OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE BUDGET AND ACTUAL GENERAL FUND FISCAL YEAR ENDED JUNE 30, 2012 See accompanying Notes to Basic Financial Statements. (34) Variance with Original BudgetFinal BudgetActualFinal Budget REVENUES Taxes: Sales Taxes6,626,688$ 6,626,688$ 6,579,468$ (47,220)$ Franchise Taxes303,000 303,000 332,130 29,130 Intergovernmental4,482,270 4,482,270 4,496,652 14,382 Fines and Forfeitures260,160 260,160 203,350 (56,810) Licenses and Permits214,230 214,230 194,976 (19,254) Charges for Services443,407 443,407 353,718 (89,689) Rents and Royalties233,028 233,028 206,018 (27,010) Investment Earnings60,000 60,000 38,493 (21,507) Other22,696 22,696 173,839 151,143 Total Revenues12,645,479 12,645,479 12,578,644 (66,835) EXPENDITURES Current: General Government: Mayor and Council75,745 75,745 68,445 7,300 Administration2,309,411 2,395,911 2,177,349 218,562 Municipal Court432,844 432,844 385,932 46,912 Total General Government2,818,000 2,904,500 2,631,726 272,774 Public Safety: Law Enforcement2,899,522 2,899,522 2,828,127 71,395 Fire and Emergency Medical3,156,212 3,156,212 3,041,318 114,894 Total Public Safety6,055,734 6,055,734 5,869,445 186,289 Community Services: Recreation475,372 485,372 440,850 44,522 Parks1,053,893 1,053,594 920,582 133,012 Senior Services239,322 252,822 222,328 30,494 Community Center231,685 231,685 210,572 21,113 Total Community Services2,000,272 2,023,473 1,794,332 229,141 Development Services: Engineering501,191 489,051 455,30933,742 Facilities Maintenance491,627 498,127 459,87438,253 Planning172,029 172,029 183,874(11,845) Building Safety234,687 234,687 127,265107,422 Code Compliance125,852 125,852 123,5972,255 Mapping and Graphics74,355 79,995 71,8688,127 Total Development Services1,599,741 1,599,741 1,421,787 177,954 Total Expenditures12,473,747 12,583,448 11,717,290 866,158 Excess (Deficiency) of Revenues Over Expenditures171,732 62,031 861,354 799,323 OTHER FINANCING SOURCES (USES) Transfers Out(194,250) (184,550) (1,937,460) (1,752,910) Net Change in Fund Balance(22,518) (122,519) (1,076,106) (953,587) FUND BALANCE Beginning of Year- - 8,305,966 8,305,966 End of Year (22,518)$ (122,519)$ 7,229,860$ 7,352,379$ THIS PAGE BLANK NOTES TO BASIC FINANCIAL STATEMENTS THIS PAGE BLANK TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (35) NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The financial statements of the Town of Fountain Hills, Arizona (Town) have been prepared in conformity with accounting principles generally accepted in the United States of America as applied to government units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of the Town’s accounting policies are described below. A. Reporting Entity The Town is a municipal entity governed by an elected Mayor and Council. As required by accounting principles generally accepted in the United States of America, these financial statements present the Town and its component units, entities for which the Town is considered to be financially accountable. Blended component units, although legally separate entities, are, in substance, part of the Town’s operations and so data from these units are combined with data of the Town, the primary government. The financial reporting entity consists of a primary government and its component units. A component unit is a legally separate entity that must be included in the reporting entity in conformity with generally accepted accounting principles. The Town is a primary government that has a separately elected governing body, is legally separate, and is fiscally independent of other state or local governments. Furthermore, component units combined with the Town for financial statement presentation purposes and the Town is not included in any other governmental reporting entity. Consequently, the Town’s financial statements include only the funds of those organizational entities for which its elected governing body is financially accountable. Eagle Mountain Community Facilities District and the Cottonwoods Improvement District. As special purpose districts and separate political subdivisions under the Arizona Constitution, the districts can levy taxes and issue bonds independently of the Town. Property owners in the designated areas are assessed for Town taxes, and thus for the costs of operating the districts. The Town Council serves as the Board of Directors; however, the District has no liability for the districts’ debt, the Town is responsible for the debt; the debt is therefore, not subject to the Town’s debt limit; therefore, providing a financial benefit to the Town. For financial reporting purposes, transactions of the Districts are combined together and included as if they were part of the Town’s operations. TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (36) NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) A. Reporting Entity (Continued) Town of Fountain Hills, Arizona Municipal Property Corporation. The Town of Fountain Hills, Arizona Municipal Property Corporation’s (MPC) Board of Directors consists of three members which are appointed by the Fountain Hills Town Council. The MPC, which is a nonprofit corporation incorporated under the laws of the State of Arizona, was formed for the sole purpose of assisting the Town in obtaining financing for various projects of the Town. The Town has a “moral obligation” for the repayment of the MPC’s bonds. For financial reporting purposes, transactions of the MPC are combined together and included as if they were part of the Town’s operations. B. Government-Wide and Fund Financial Statements The government-wide financial statements (i.e., the Statement of Net Assets and the Statement of Activities) present financial information about the Town as a whole. For the most part, the effect of internal activity has been removed from these statements. These statements are to distinguish between the governmental and business-type activities of the Town. Governmental activities normally are supported by taxes and intergovernmental revenues. The Town does not have any business-type activities. The Statement of Activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes, state shared revenues, investment earnings and other items not included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds. Major individual governmental funds are reported as separate columns in the fund financial statements. C. Measurement Focus, Basis of Accounting, and Financial Statement Presentation Government-Wide Financial Statements The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the grantor or provider have been met. As a general rule, the effect of internal activity has been eliminated from the government-wide financial statements; however, the effects of interfund services provided and used between functions are reported as expenses and program revenues at amounts approximating their external exchange value. TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (37) NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) C. Measurement Focus, Basis of Accounting, and Financial Statement Presentation (Continued) Fund Financial Statements Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the Town considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service resources are provided during the current year for payment of long-term debt principal and interest due early in the following year (not to exceed one month) and therefore the expenditures and related liabilities have been recognized. Compensated absences are recorded only when payment is due. Property taxes, sales taxes, franchise taxes, licenses and permits, charges for services, special assessments and investment earnings associated with the current fiscal period are all considered to be susceptible to accrual and have been recognized as revenues of the current fiscal period. Miscellaneous revenue is not susceptible to accrual because generally they are not measurable until received in cash. Grants and similar awards are recognized as revenue as soon as all eligibility requirements imposed by the grantor or provider have been met. Deferred revenues arise when resources are received by the Town before it has legal claim to them, as when grant monies are received prior to meeting all eligibility requirements imposed by the provider. Delinquent property taxes have been recorded as deferred revenue. Receivables that will not be collected within the available period have also been reported as deferred revenue on the governmental fund financial statements. When both restricted and unrestricted resources are available for use, it is the Town’s policy to use restricted resources first, then unrestricted resources as they are needed. The focus of governmental fund financial statements is on major funds rather than reporting funds by type. Each major fund is presented in a separate column. Non-major funds are aggregated and presented in a single column. The Town reports the following major governmental funds. Major Governmental Funds General Fund This fund is the Town’s primary operating fund. The Fund accounts for all financial resources of the Town, except those required to be accounted for in other funds. TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (38) NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) C. Measurement Focus, Basis of Accounting, and Financial Statement Presentation (Continued) Capital Projects Fund This fund accounts for the capital improvements to various projects and equipment purchases of the Town. General Obligation Debt Service Fund This fund accounts for the Town’s property tax revenues received to pay the debt service of the Town’s general obligation bonds. Municipal Property Corporation Debt Service Fund This fund accounts for the revenues received to pay the debt service on MPC revenue bonds. Eagle Mountain Debt Service Fund This fund accounts for the property tax revenues received to pay the debt service of the Eagle Mountain Community Facilities District component unit. D. Assets, Liabilities, and Net Assets or Fund Balance 1. Deposits and Investments The Town’s cash and cash equivalents are considered to be cash on hand, demand deposits, cash and investments held by the State Treasurer, and highly liquid investments with maturities of three months or less from the date of acquisition. Cash and investments are pooled except for funds required to be held by fiscal agents or restricted under provisions of bond indentures. Interest earned from investments purchased with such pooled monies is allocated to each of the funds based on the average daily cash balances. State statutes authorize the Town to invest in obligations of the U.S. Treasury and U.S. agencies, certificates of deposit in eligible depositories, repurchase agreements, obligations of the State of Arizona or any of its counties or incorporated cities, towns or duly organized school districts, improvement districts in this state and the State Treasurer’s Local Government Investment Pool. Investments are stated at fair value. 2. Receivables and Payables Activity between funds that is representative of lending/borrowing arrangements outstanding at the end of the fiscal year is referred to as either “due to/from other funds” (i.e., the current portion of interfund loans) or “advances to/from other funds” (i.e., the non-current portion of interfund loans). All other outstanding balances between funds are reported as “due to/from other funds.” TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (39) NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. Assets, Liabilities, and Net Assets or Fund Balance (Continued) 2. Receivables and Payables (Continued) All trade and property tax receivables are shown net of an allowance for uncollectibles. Property taxes are levied by the Town and collected by the Maricopa County Treasurer. Property taxes are levied no later than the third Monday in August and are payable in two installments due October 1 of the current year and March 1 of the subsequent year. Taxes become delinquent after the first business day of November and May, respectively. Interest attaches on installments after the delinquency date. Pursuant to Arizona Revised Statutes (A.R.S.) a lien against assessed real and personal property attaches on the first day of January preceding assessment and levy; however according to case law, an enforceable legal claim to the asset does not arise. The State Constitution and State law specify a property tax levy limitation system. The system consists of two levies, a limited levy known as the primary property tax levy and an unlimited levy referred to as the secondary levy, which may only be used to retire bonded indebtedness. The primary tax levy is limited to an increase of 2 percent over the previous year’s maximum allowable primary levy, plus an increased dollar amount because of a net gain in property not taxed the previous year. Also, the primary property tax from all taxing jurisdictions for homeowners may not exceed 1 percent of the market value of their homes. If the combined primary property tax (for the Town, County, School District, etc.) exceeds 1 percent of the market value of the homes, the school districts will reduce their rate until the homeowners’ aggregate rate is equal to or less than the allowable 1 percent. The State will then subsidize the school districts for the reduced revenue. This 1 percent limitation applies to primary property taxes only and does not affect the secondary property tax levy. There is also a control on the assessed value of property for primary tax purposes. The base year for the new tax system is fiscal year 1978-79. From this base year, two assessed values evolve. The primary assessed values are allowed to increase by no more than 10 percent a year. The dollar amount of the secondary property tax levy is “unlimited” and the actual full cash value of property is used in determining the tax rate. Intergovernmental receivables include amounts due from other government agencies and include Town sales tax ($425,945), Highway User Revenue fuel tax ($109,471), state sales tax ($149,234), auto lieu ($27,033) and grants receivable ($115,380) in the governmental funds and governmental activities column of the government-wide financial statements. TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (40) NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. Assets, Liabilities, and Net Assets or Fund Balance (Continued) 3. Inventory Inventories are stated at average cost using the first-in/first-out (FIFO) method. Inventories consist of expendable supplies held for consumption. Inventories are recorded as expenses when consumed in the government-wide financial statements, and as expenditures when consumed on the fund financial statements. 4. Prepaid Items Certain payments to vendors reflect costs applicable to future accounting periods and are recorded as prepaid items in both the government-wide and fund financial statements. In the government-wide and fund financial statements prepaids are recognized as expenses/expenditures when goods and/or services are received rather than when purchased. 5. Restricted Assets The Town reported restricted assets in the amount of $75,484 for funds held in an escrow account. The agreement provides that if, prior to July 1, 2014, any future Council fails to ratify this agreement or fails to provide severance when required as set forth in the agreement between the Town Council and Town Manager, the Town Manager shall be permitted to withdraw all funds from the escrow, minus any interest earned, which interest shall be payable to the Town upon the Town Manager’s withdrawal of the amounts in escrow. The Town also has $2,729,108 deposited in an irrevocable trust with an escrow agent to make future principal and interest payments on the 2004 Municipal Property Corporation Revenue Bond. 6. Capital Assets Capital assets, which include land, artwork, buildings, improvements other than buildings, vehicles, machinery, and equipment, construction in progress, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items), are reported in the governmental activities column in the government-wide financial statements. Capital assets are defined by the Town as assets with an initial, individual cost of $10,000 or more and an estimated useful life of more than one year. The capital assets include all infrastructure assets acquired by the Town since incorporation. Such assets are recorded at historical cost or estimated historical cost if actual historical cost is not available. Donated capital assets are recorded at estimated fair market value at the date of donation. The costs of normal maintenance and repairs that do not add to the value of the asset or materially extend the life of the asset are not capitalized. Major outlays for capital assets and improvements are capitalized as projects are constructed. TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (41) NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. Assets, Liabilities, and Net Assets or Fund Balance (Continued) 6. Capital Assets (Continued) Capital assets of the Town are depreciated using the straight-line method over the following estimated useful lives: Assets Years Infrastructure 15-50 Buildings 50 Improvements other than buildings 20 Vehicles, machinery and equipment 5-20 7. Compensated Absences The Town’s employee vacation and sick leave policies generally provide for granting vacation and sick leave with pay. Sick leave and vacation benefits vest after 30 days at the employee’s then current rate of pay. Effective October 7, 2004, all eligible full-time and part-time employees can accrue vacation leave. Full-time employees can accrue up to a maximum of 224 hours of vacation, while part-time employees can accrue up to 112 ours, depending upon their length of service. In the event of termination, employees will be paid for any accrued, but unused, vacation hours. Also effective October 7, 2004, full-time employees started to accrue sick leave, based on their length of service, up to a maximum of 720 hours. A portion of this balance will be paid upon a satisfactory separation of service. The current and long-term liabilities, including related benefits, for accumulated vacation and sick leave are reported on the government-wide financial statements. A liability for these amounts is reported in governmental funds only if they have matured, for example, as a result of employee leave, resignations and retirements. Generally, resources from the General Fund are used to pay for compensated absences. 8. Long-term Obligations In the government-wide financial statements, long-term debt and other long-term obligations are reported as liabilities on the Statement of Net Assets. Bond premiums and discounts, as well as issuance costs and the difference between the reacquisition price and the net carrying amount of the old debt, are deferred and amortized over the life of the bonds using the straight-line method over the term of the related debt. TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (42) NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. Assets, Liabilities, and Net Assets or Fund Balance (Continued) 8. Long-term Obligations (Continued) In the fund financial statements, governmental fund types recognize bond premiums and discounts, as well as bond issuance costs, during the current period. The face amount of debt issued is reported as other financing sources. Premiums received on debt issuances are reported as other financing sources while discounts of debt issuances are reported as other financing uses. Issuance costs, whether or not withheld from the actual debt proceeds received, are reported as debt service expenditures. 9. Net Assets In the government-wide financial statements, net assets are reported in three categories: net assets invested in capital assets, net of related debt; restricted net assets; and unrestricted net assets. Net assets invested in capital assets, net of related debt is separately reported because capital assets make up a significant portion of total net assets. Restricted net assets account for the portion of net assets restricted by parties outside the Town. Unrestricted net assets are the remaining net assets not included in the previous two categories. 10. Fund Balance Classifications Fund balances of the governmental funds are reported separately within classifications based on a hierarchy of the constraints placed on the use of those resources. The classifications are based on the relative strength of the constraints that control how the specific amounts can be spent. The classifications are nonspendable, restricted, committed, assigned, and unassigned fund balance classifications. The nonspendable fund balance classification includes amounts that cannot be spent because they are either not in spendable form such as inventories and prepaid items, or are legally or contractually required to be maintained intact. Restricted fund balances are those that have externally imposed restrictions on their usage by creditors (such as through debt covenants), grantors, contributors, or laws and regulations. Committed fund balances are self-imposed limitations approved by the Town’s Council, which is the highest level of decision-making authority within the Town. Only the Town Council can remove or change the constraints placed on committed fund balances. Assigned fund balances are resources constrained by the Town’s intent to be used for specific purposes, but are neither restricted nor committed. The Town Council has authorized the Deputy Town Manager/Finance Director to assign fund balances. The unassigned fund balance is the residual classification for the General Fund and includes all amounts not reported in the other classifications. TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (43) NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (CONTINUED) D. Assets, Liabilities, and Net Assets or Fund Balance (Continued) 10. Fund Balance Classifications (Continued) Also, deficits in fund balances of the other governmental funds are reported as unassigned. It is the Town’s policy to use restricted fund balance first, then committed, assigned, and lastly unassigned amounts. 11. Interfund Activity Flows of cash from one fund to another without a requirement for repayment are reported as interfund transfers. Interfund transfers between governmental funds are eliminated in the Statement of Activities. Interfund transfers in the fund statements are reported as other financing sources/uses in governmental funds. 12. Estimates The preparation of the financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the amounts reported in the financial statements and accompanying notes. Actual results may differ from those estimates. NOTE 2 STEWARDSHIP, COMPLIANCE AND ACCOUNTABILITY A. Budgetary information The Town Council follows these procedures in establishing the budgetary data reflected in the financial statements: 1. In accordance with Arizona Revised Statutes, the Town Manager submits a proposed budget for the fiscal year commencing the following July 1 to the Town Council. The operating budget includes proposed expenditures and the means of financing them for the upcoming year. 2. Public hearings are conducted to obtain taxpayer comment. 3. Prior to the third Monday in August, the expenditure limitation for the Town is legally enacted through passage of an ordinance. To ensure compliance with the expenditure limitation, a uniform expenditure report must be filed with the State each year. This report, issued under a separate cover, reconciles total Town expenditures from the audited basic financial statements to total expenditures for reporting in accordance with the State’s uniform expenditure reporting system (A.R.S. §41-1279.07). TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (44) NOTE 2 STEWARDSHIP, COMPLIANCE AND ACCOUNTABILITY (CONTINUED) A. Budgetary information (Continued) 4. Expenditures may not legally exceed the expenditure limitation described below for all fund types as a whole. For management purposes, the Town adopts a budget by department for the General Fund and in total by fund for other funds. The Town Manager, subject to Town Council approval, may at any time transfer any unencumbered appropriation balance or portion thereof between a department or activity. The adopted budget cannot be amended in any way without Town Council approval. 5. Formal budgetary integration is employed as a management control device during the year for the General, Special Revenue, Debt Service, and Capital Projects Funds (except for the HURF Debt Service and Cottonwoods Special Assessment Funds, in which the Town did not adopt a budget) on essentially the same modified accrual basis of accounting used to record actual revenues and expenditures. The Town is subject to the State of Arizona’s Spending Limitation Law for Towns and Cities. This law does not permit the Town to spend more than budgeted revenues plus the carryover unrestricted cash balance from the prior fiscal year. The limitation is applied to the total of the combined funds. The Town complied with this law during the year. No supplementary budgetary appropriations were necessary during the year. B. Excess of Expenditures Over Appropriations Expenditures exceeded appropriations in the following funds: Amount of Overexpenditure Major Funds: Municipal Property Corporation Debt Service Fund141,464$ Cash was available to cover the over expenditures listed above. TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (45) NOTE 3 DETAILED NOTES ON ALL FUNDS A. Assets 1. Deposits and Investments Deposits and investments at June 30, 2012, consist of the following: Deposits: Cash on Hand1,050$ Cash in Bank493,672 Cash on Deposit with Paying Agent2,234,774 Investments State Treasurer's Investment Pool6,079,307 Wells Fargo Money Market59,906 U.S. Agency Securities8,157,709 U.S. Treasury Notes6,821,871 Total 23,848,289 Less Cash with Paying Agent(2,234,774) Total Cash and Investments21,613,515$ Deposits The Town’s deposits at June 30, 2012, had a carrying value of $493,672 and a bank balance of $560,720. The entire bank balance of the Town was deposited in non- interest bearing accounts or low-interest bearing accounts that were fully insured by federal depository insurance. Investments The Town’s investments at June 30, 2012 were as follows: Investment Type Amount Local Government Investment Pool6,079,307$ Wells Fargo Money Market59,906 U.S. Agency Securities8,157,709 U.S. Treasury Notes6,821,871 21,118,793$ Credit Risk – Credit risk is the risk that an issuer or counterparty to an investment will not fulfill its obligations. The Town will limit credit risk by limiting investments in the Town’s portfolio to the asset classes designated as acceptable in A.R.S 835- 323. When possible, analysis of the credit worthiness of all individual debt issuers held in the portfolio should be conducted on an annual basis in an effort to guard against investing in weak or deteriorating credit situation. Additionally, the Town will pre-qualify financial institutions, brokers/dealers, and investment advisors with which the Town will do business. TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (46) NOTE 4 DETAILED NOTES ON ALL FUNDS (CONTINUED) A. Assets (Continued) 1. Deposits and Investments (Continued) At June 30, 2012, credit risk for the Town’s investments was as follows: Investment TypeRating Agency Amount Local Government Investment PoolN/AN/A6,079,307$ Wells Fargo Money MarketN/AN/A59,906 U.S. Agency SecuritiesAA+S&P8,157,709 U.S. Treasury NotesN/AN/A6,821,871 21,118,793$ Custodial credit risk – Concentration credit risk is the risk of loss associated with the significant of investments in a single issuer. The Town of Fountain Hills will diversify its investments by security type and institution. With the exception of U.S. Treasury securities and authorized pools, no more than 25% of the Town’s total investment portfolio will be invested in a single security type or with a single financial institution. At June 30, 2012, the Town had the following diversification of Town investments: Percent of Town Investment Type AmountInvestments Local Government Investment Pool6,079,307$ 28.79% Wells Fargo Money Market59,906 0.28% U.S. Agency Securities8,157,709 38.63% U.S. Treasury Notes6,821,871 32.30% 21,118,793$ Interest rate risk – Interest rate risk is the risk that changes in interest rates will adversely affect an investment’s fair value. The Town will look to mitigate interest rate risk by performing the following: Structuring the investment portfolio so that securities mature concurrent with the anticipated cash requirements for ongoing operations, thereby avoiding, as much as possible, the need to sell securities into an adverse market environment prior to maturity. Investing funds primarily in shorter-term securities or similar investment pools and limiting the average maturity of the portfolio in accordance with the needs of the Town. With respect to any firm or individual given responsibility for investments utilizing external research and advice regarding the current interest rate outlook and global economic condition to optimize portfolio duration strategy. TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (47) NOTE 3 DETAILED NOTES ON ALL FUNDS (CONTINUED) A. Assets (Continued) 1. Deposits and Investments (Continued) The following is a table of the Town’s investment maturities: Investment0-6 Months6-12 Months12+ MonthsTotal Local Government Investment Pool6,079,307$ -$ -$ 6,079,307$ Wells Fargo Advantage Money Market 59,906 - - 59,906 Federal Farm Credit Bank Notes - 655,661 - 655,661 Federal Home Loan Bank Global Notes - - 1,772,022 1,772,022 Federal Home Loan Mortgage Corp. Notes - - 2,723,139 2,723,139 Federal National Mortgage Association Notes - - 3,006,887 3,006,887 U.S. Treasury Notes - - 6,821,871 6,821,871 Total6,139,213$655,661$ 14,323,919$ 21,118,793$ Maturity 2. Receivables Governmental funds report deferred revenue in connection with receivables for revenues that are not considered to be available to liquidate liabilities of the current period. Governmental funds also defer revenue recognition in connection with resources that have been received, but not yet earned. At the end of the current fiscal year, the various components of deferred revenue reported in the governmental funds were as follows: UnavailableUnearned General Fund Miscellaneous27,758$ 1,888$ Capital Projects Fund Miscellaneous - 200,000 General Obligation Debt Service Fund Property Taxes19,969 - Eagle Mountain Debt Service Fund - Property Taxes2,150 - Nonmajor Governmental Funds Grants - 65,986 Total Deferred Revenue for Governmental Funds49,877$ 267,874$ TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (48) NOTE 3 DETAILED NOTES ON ALL FUNDS (CONTINUED) A. Assets (Continued) 3. Capital Assets Capital assets for the year ended June 30, 2012, were as follows: BeginningEnding BalanceIncreasesDecreasesBalance Governmental Activities: Capital Assets, Not Being Depreciated: Land23,571,668$ -$ -$ 23,571,668$ Artwork1,688,500 141,000 - 1,829,500 Construction in Progress3,044,030 1,943,110 (4,453,530) 533,610 Total Capital Assets, Not Being Depreciated 28,304,198 2,084,110 (4,453,530) 25,934,778 Capital Assets, Being Depreciated: Infrastructure126,447,432 4,341,081 - 130,788,513 Buildings18,008,744 - - 18,008,744 Improvements Other Than Buildings15,022,357 264,128 (647,221) 14,639,264 Vehicles, Machinery and Equipment3,666,890 256,421 (514,618) 3,408,693 Total Capital Assets, Being Depreciated 163,145,423 4,861,630 (1,161,839) 166,845,214 Accumulated Depreciation for: Infrastructure(68,461,200) (3,555,307) - (72,016,507) Buildings(3,097,454) (360,803) - (3,458,257) Improvements Other Than Buildings(5,807,866) (731,963) 266,644 (6,273,185) Vehicles, Machinery and Equipment(3,464,209) (217,527) 505,796 (3,175,940) Total Accumulated Depreciation(80,830,729) (4,865,600) 772,440 (84,923,889) Total Capital Assets, Being Depreciated, Net 82,314,694 (3,970) (389,399) 81,921,325 Governmental Activities Capital Assets, Net 110,618,892$ 2,080,140$ (4,842,929)$ 107,856,103$ Depreciation expense was charged to functions/programs as follows: Governmental Activities: General Government211,426$ Public Safety74,873 Highways and Streets3,676,530 Culture and Recreation902,771 Total Depreciation Expense4,865,600$ TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (49) NOTE 3 DETAILED NOTES ON ALL FUNDS (CONTINUED) B. Interfund Transfers Interfund transfers for the year ended June 30, 2012, consisted of the following: Municipal Property CapitalCorporationNonmajor ProjectsDebt ServiceGovernmental Transfers OutFundFundFundTotal General Fund-$ 1,937,174$ 286$ 1,937,460$ Nonmajor Governmental Funds 6,623 525,944 - 532,567 Total6,623$ 2,463,118$ 286$ 2,470,027$ Transfers In The General Fund transferred $1,937,174 to pay for debt service costs on the Municipal Property Corporation’s outstanding bonds. The General Fund transferred $286 to the Nonmajor Governmental Fund to provide the matching portion of a transportation grant the Town received. The Nonmajor Governmental Funds transferred $6,623 to the Capital Projects Fund to pay for a portion of a capital acquisition. The Nonmajor Governmental Funds also transferred $525,944 to the Municipal Property Corporation Debt Service Fund to pay for debt service costs on the outstanding bonds. C. Long-Term Obligations Bonds payable at year end consisted of the following general obligation, municipal property corporation and community facilities district bonds. The bonds are both callable and noncallable with the interest payable semiannually. Property taxes from the General Obligation Bond Debt Service Fund and Eagle Mountain Debt Service Fund are used to pay general obligation and community facilities district bonds. State shared revenues from the HURF Fund are used to pay street and highway user bonds. Tax revenues from the General Fund and Excise Tax Fund are used to pay municipal facilities bonds. TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (50) NOTE 3 DETAILED NOTES ON ALL FUNDS (CONTINUED) C. Long-Term Obligations (Continued) Bonds outstanding at June 30, 2012 were as follows: InterestMaturityOriginalOutstanding PurposeRatesDateAmountAmount Governmental Activities: General Obligation Bonds: General Obligation Refunding Bonds, Series 2005 3.75-4.0007/01/12-19 $ 7,225,000 $ 3,755,000 Eagle Mountain Community Facilities District, General Obligation Refunding Bonds, Series 2005 3.75-4.1257/1/2012-21 4,555,000 3,090,000 Total General Obligation Bonds $ 11,780,000 $ 6,845,000 Revenue Bonds: Municipal Facilities Revenue Bonds, Series 2001 4.40-4.507/01/12-13 7,750,000 400,000 Municipal Facilities Revenue Bonds, Series 2004 4.00-4.507/01/12-15 3,645,000 2,410,000 Municipal Facilities Revenue Refunding Bonds, Series 2005 3.75-4.507/01/12-20 5,330,000 4,230,000 Total Revenue Bonds $ 21,405,000 $ 7,040,000 The Town has pledged future excise taxes to repay a total of $7,040,000 in outstanding municipal facilities revenue and refunding bonds. For fiscal year ended June 30, 2012, the net revenues available to service this debt were $13.1 million. The debt principal and interest paid on this debt in fiscal year 2011-12 was $845,000 and $332,463, respectively (11 percent of available pledged revenues). TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (51) NOTE 3 DETAILED NOTES ON ALL FUNDS (CONTINUED) C. Long-Term Obligations (Continued) Changes in long-term obligations for the year ended June 30, 2012, are as follows: Due Within July 1, 2011IncreasesDecreasesJune 29, 2012One Year Governmental Activities Bonds General Obligation Bonds7,965,000$ -$ (1,120,000)$ 6,845,000$ 1,350,000$ Revenue Bonds7,885,000 - (845,000) 7,040,000 930,000 15,850,000 - (1,965,000) 13,885,000 2,280,000 Deferred Amounts: Premium74,409 - (74,409) - - Total Bonds15,924,409 - (2,039,409) 13,885,000 2,280,000 Other Liabilities: Compensated Absences341,922 284,065 (262,777) 363,210 39,551 Governmental Activities Long-Term Liabilities 16,266,331$ 284,065$ (2,302,186)$ 14,248,210$ 2,319,551$ Debt service requirements on long-term debt at June 30, 2012, are as follows: PrincipalInterest 20132,280,000$ 565,506$ 2014 2,415,000 470,431 2015 1,970,000 375,106 2016 2,830,000 233,806 2017 1,120,000 186,406 2018-2021 3,270,000 302,758 13,885,000$ 2,150,513$ Governmental Activities Year Ending June 30, In prior years, the Town defeased certain general obligation and other bonds by placing the proceeds of new bonds in an irrevocable trust to provide for all future debt service payments on the defeased bonds. Accordingly, the trust account assets and the liability for the defeased bonds are not included in the Town’s financial statements. At year end, $6,385,000 of defeased bonds are still outstanding. TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (52) NOTE 3 DETAILED NOTES ON ALL FUNDS (CONTINUED) D. Fund Balances Fund Balances at June 30, 2012 were as follows: Municipal GeneralPropertyEagleNonmajor CapitalObligationCorporationMountainGovernmental GeneralProjectsDebt ServiceDebt ServiceDebt ServiceFundsTotal Nonspendable: Cash with Escrow Agent-$ -$ -$ 2,623,895$ -$ -$ 2,623,895$ Inventory9,332 - - - - - 9,332 Prepaids28,245 - - - - 5,474 33,719 Restricted: Debt Service - - 63,317 115,616 8,944 - 187,877 Highways and Streets - - - - - 862,243 862,243 Local Court Enhancement - - - - - 240,525 240,525 New Development - - - - - 1,993,771 1,993,771 Cottonwoods Maintenance District - - - - - 16,010 16,010 Committed Rainy Day Funds1,345,200 - - - - - 1,345,200 Excise Tax- - - - - 2,039,560 2,039,560 Assigned Public Art1,051 - - - - - 1,051 Vehicle Replacement 689,199 - - - - - 689,199 Capital Projects600,264 9,312,168 - - - - 9,912,432 Equipment Replacement900,396 - - - - - 900,396 Unassigned3,656,173 - - - - - 3,656,173 Total Fund Balance7,229,860$ 9,312,168$ 63,317$ 2,739,511$ 8,944$ 5,157,583$ 24,511,383$ NOTE 4 OTHER INFORMATION A. Contingent Liabilities Lawsuits The Town is a defendant in various lawsuits. Although the outcome of these lawsuits is not presently determinable, in the opinion of the Town’s legal counsel, the resolution of these matters will not have a material adverse effect on the financial condition of the Town. B. Risk Management The Town is exposed to various risks of loss related to torts; theft of, damage to, and destruction of assets; errors and omissions; and natural disasters. The Town’s insurance protection is provided by the Arizona Municipal Risk Retention Pool, of which the Town is a participating member. The limit for basic coverage is for $2,000,000 per occurrence on a claims made basis. Excess coverage is for an additional $8,000,000 per occurrence on a follow form, claims made basis. No significant reduction in insurance coverage occurred during the year, and no settlements exceeded insurance coverage during any of the past three fiscal years. TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO BASIC FINANCIAL STATEMENTS JUNE 30, 2012 (53) NOTE 4 OTHER INFORMATION (COTINUED) B. Risk Management (Continued) The Town was unable to obtain workers’ compensation insurance at a cost considered to be economically justifiable. Therefore, the Town joined the Arizona Municipal Workers’ Compensation Pool (AMWCP). AMWCP is a public entity risk pool currently operating as a common workers’ compensation insurance program for 67 member cities and towns. The Town is responsible for paying a premium, based on an experience rating formula that allocates pool expenditures and liabilities among members. C. Retirement Plans Defined Contribution Pension Plan All full-time employees of the Town participate in a defined contribution pension plan administered by the ICMA Retirement Corporation as a 401(a) plan. The payroll for the Town employees covered by this plan for the year ended June 30, 2012, was $2,549,322. The Town’s total payroll was $2,871,172. A defined contribution pension plan provides benefits in return for services rendered, provides an individual account for each participant, and specifies how contributions to the individual’s account are to be determined, instead of specifying the amount of benefit the individual is to receive. Under a defined contribution pension plan, the benefits a participant will receive depend solely on the amount contributed to the participant’s account, the returns earned on investment of those contributions, and forfeitures of other participants’ benefits that may be allocated to such participant’s account. All non-peace officer full-time Town employees must participate in the pension plan from the date they are hired. Contributions made by an employee vest immediately and contributions made by the Town vest after three years of service. An employee that leaves the employment of the Town is entitled to his or her contributions and the vested portion of the Town’s contributions, plus interest earned. Each employee must contribute 11% of his or her gross earnings. The Town must match the employee contribution of 11%. During fiscal year 2011-12, the Town’s required and actual contributions amounted to $280,425. The employees’ contributions totaled $280,425. Employees may also contribute to the lCMA Retirement Corporation 457 plan on a voluntary basis; there is no employer match for those contributions. During fiscal year 2011-12, employees contributed $158,829 to that plan. No pension provision changes occurred during the year that affected the required contributions to be made by the Town or its employees. The ICMA Retirement Corporation held no securities of the Town or other related parties during the fiscal year 2011-12 or as of the close of the fiscal year. THIS PAGE BLANK COMBINING AND INDIVIDUAL FUND STATEMENTS AND SCHEDULES THIS PAGE BLANK NONMAJOR GOVERNMENTAL FUNDS SPECIAL REVENUE FUNDS HURF Fund - accounts for the Town’s share of motor fuel tax revenues and lottery proceeds. Development Fees Fund - accounts for development fees collected from developers restricted for projects approved by the Town Council. Local Court Enhancement Fund - accounts for a local court surcharge. Grants Fund - accounts for the activities of various grants and contributions received by the Town. Excise Tax Fund - accounts for the portion of Town sales tax reserved by the Town Council for special projects including Town beautification and economic development. Cottonwoods Special Assessment Fund - accounts for all special assessments received to pay for maintenance of the Cottonwoods Special Assessment District. TOWN OF FOUNTAIN HILLS, ARIZONA NONMAJOR GOVERNMENTAL FUNDS COMBINING BALANCE SHEET JUNE 30, 2012 (54) HURF Development Fees Local Court EnhancementGrantsExcise Tax ASSETS Cash and Investments831,245$ 1,994,359$ 240,525$ 65,986$ 2,029,317$ Accounts Receivable 1,062 4,144 - - 4,144 Intergovernmental Receivable 109,471 - - - 16,382 Prepaid Items 4,976 - - - 498 Total Assets946,754$ 1,998,503$ 240,525$ 65,986$ 2,050,341$ LIABILITIES AND FUND BALANCES Liabilities: Accounts Payable66,801$ 4,732$ -$ -$ 8,646$ Accrued Wages and Benefits 12,734 - - - 1,637 Deferred Revenue - - - 65,986 - Total Liabilities 79,535 4,732 - 65,986 10,283 Fund Balances: Nonspendable 4,976 - - - 498 Restricted 862,243 1,993,771 240,525 - - Committed - - - - 2,039,560 Total Fund Balances 867,219 1,993,771 240,525 - 2,040,058 Total Liabilities and Balance946,754$ 1,998,503$ 240,525$ 65,986$ 2,050,341$ Special Revenue Funds (55) Special Revenue Funds Cottonwoods Special Assessment Total Nonmajor Governmental Funds 16,010$ 5,177,442$ - 9,350 - 125,853 - 5,474 16,010$ 5,318,119$ -$ 80,179$ - 14,371 - 65,986 - 160,536 - 5,474 16,010 3,112,549 - 2,039,560 16,010 5,157,583 16,010$ 5,318,119$ TOWN OF FOUNTAIN HILLS, ARIZONA NONMAJOR GOVERNMENTAL FUNDS COMBINING STATEMENT OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCES FISCAL YEAR ENDED JUNE 30, 2012 (56) HURF Development Fees Local Court EnhancementGrantsExcise Tax REVENUES Taxes: Sales Taxes-$ -$ -$ -$ 302,606$ Property Taxes - - - - - Intergovernmental 1,166,515 - - 168,019 - Fines and Forfeitures - - 20,323 - - Charges for Services 11,825 40,120 - - - Investment Earnings 450 9,038 300 - 8,882 Other 4,554 - - - - Total Revenues 1,183,344 49,158 20,623 168,019 311,488 EXPENDITURES Current: General Government - - 5,098 138,000 112,497 Highways and Streets 1,022,104 23,424 - 9,402 - Capital Outlay - - - 20,903 - Total Expenditures 1,022,104 23,424 5,098 168,305 112,497 Excess (Deficiency) of Revenues Over Expenditures 161,240 25,734 15,525 (286) 198,991 OTHER FINANCING SOURCES (USES) Transfers In - - - 286 - Transfers Out - (525,944) - - (6,623) Total Other Financing Sources (Uses) - (525,944) - 286 (6,623) Net Change in Fund Balances 161,240 (500,210) 15,525 - 192,368 FUND BALANCES Beginning of Year 705,979 2,493,981 225,000 - 1,847,690 End of Year867,219$ 1,993,771$ 240,525$ -$ 2,040,058$ Special Revenue Funds (57) Special Revenue Funds Cottonwoods Special Assessment Total Nonmajor Governmental Funds -$ 302,606$ 3,335 3,335 - 1,334,534 - 20,323 - 51,945 11 18,681 - 4,554 3,346 1,735,978 - 255,595 - 1,054,930 - 20,903 - 1,331,428 3,346 404,550 - 286 - (532,567) - (532,281) 3,346 (127,731) 12,664 5,285,314 16,010$ 5,157,583$ TOWN OF FOUNTAIN HILLS, ARIZONA SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE BUDGET AND ACTUAL CAPITAL PROJECTS FUND FISCAL YEAR ENDED JUNE 30, 2012 (58) Variance with Final BudgetActualFinal Budget REVENUES Taxes: Sales Taxes104,580$ 300,202$ 195,622$ Intergovernmental4,351,600 204,262 (4,147,338) Investment Earnings- 30,713 30,713 Total Revenues4,456,180 535,177 (3,921,003) EXPENDITURES Capital Outlay17,040,039 863,420 16,176,619 Excess (Deficiency) of Revenues Over Expenditures(12,583,859) (328,243) 12,255,616 OTHER FINANCING SOURCES (USES) Transfers In9,615,911 6,623 (9,609,288) Transfers Out(10,000) - 10,000 Total Other Financing Sources (Uses)9,605,911 6,623 (9,599,288) Net Change in Fund Balance(2,977,948) (321,620) 2,656,328 FUND BALANCE Beginning of Year- 9,633,788 9,633,788 End of Year(2,977,948)$ 9,312,168$ 12,290,116$ Original and TOWN OF FOUNTAIN HILLS, ARIZONA SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE BUDGET AND ACTUAL GENERAL OBLIGATION DEBT SERVICE FUND FISCAL YEAR ENDED JUNE 30, 2012 (59) Variance with Final BudgetActualFinal Budget REVENUES Taxes: Property Taxes1,020,000$ 1,029,242$ 9,242$ Investment Earnings100 305 205 Total Revenues1,020,100 1,029,547 9,447 EXPENDITURES Debt Service: Principal Retirement840,000 840,000 - Interest on Long-Term Debt177,313 177,563 (250) Fiscal Charges2,100 - 2,100 Total Expenditures1,019,413 1,017,563 1,850 Excess (Deficiency) of Revenues Over Expenditures687 11,984 11,297 FUND BALANCE Beginning of Year - 51,333 51,333 End of Year687$ 63,317$ 62,630$ Original and TOWN OF FOUNTAIN HILLS, ARIZONA SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE BUDGET AND ACTUAL MUNICIPAL PROPERTY CORPORATION DEBT SERVICE FUND FISCAL YEAR ENDED JUNE 30, 2012 (60) Variance with Final BudgetActualFinal Budget REVENUES Taxes: Sales Taxes631,200$ 605,213$ (25,987)$ Investment Earnings500 588 88 Total Revenues631,700 605,801 (25,899) EXPENDITURES Debt Service: Principal Retirement958,625 845,000 113,625 Interest on Long-Term Debt113,625 327,312 (213,687) Fiscal Charges7,000 48,402 (41,402) Total Expenditures1,079,250 1,220,714 (141,464) Excess (Deficiency) of Revenues Over Expenditures(447,550) (614,913) (167,363) OTHER FINANCING SOURCES (USES) Transfers In193,500 2,463,118 2,269,618 Payment to Refunded Escrow Agent(2,932,697) - 2,932,697 Total Other Finance Sources (Uses)(2,739,197) 2,463,118 5,202,315 Net Change in Fund Balance(3,186,747) 1,848,205 5,034,952 FUND BALANCE Beginning of Year - 891,306 891,306 End of Year(3,186,747)$ 2,739,511$ 5,926,258$ Original and TOWN OF FOUNTAIN HILLS, ARIZONA SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE BUDGET AND ACTUAL EAGLE MOUNTAIN DEBT SERVICE FUND FISCAL YEAR ENDED JUNE 30, 2012 (61) Variance with Final BudgetActualFinal Budget REVENUES Taxes: Property Taxes420,000$ 425,125$ 5,125$ Investment Earnings84 97 13 Total Revenues420,084 425,222 5,138 EXPENDITURES Debt Service: Principal Retirement280,000 280,000 - Interest on Long-Term Debt134,260 134,260 - Fiscal Charges7,350 7,350- Total Expenditures421,610 421,610 - Excess (Deficiency) of Revenues Over Expenditures(1,526) 3,612 5,138 FUND BALANCE Beginning of Year- 5,332 5,332 End of Year(1,526)$ 8,944$ 10,470$ Original and TOWN OF FOUNTAIN HILLS, ARIZONA SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE BUDGET AND ACTUAL HURF FUND FISCAL YEAR ENDED JUNE 30, 2012 (62) Variance with Final BudgetActualFinal Budget REVENUES Intergovernmental1,132,332$ 1,166,515$ 34,183$ Charges for Services25,20011,825 (13,375) Investment Earnings120 450 330 Other4,8004,554 (246) Total Revenues1,162,452 1,183,344 20,892 EXPENDITURES Current: Highways and Streets1,278,299 1,022,104 256,195 Excess (Deficiency) of Revenues Over Expenditures(115,847) 161,240 277,087 FUND BALANCE Beginning of Year- 705,979 705,979 End of Year (115,847)$ 867,219$ 983,066$ Original and TOWN OF FOUNTAIN HILLS, ARIZONA SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE BUDGET AND ACTUAL DEVELOPMENT FEES FUND FISCAL YEAR ENDED JUNE 30, 2012 (63) Variance with Final BudgetActualFinal Budget REVENUES Charges for Services $ 92,268 $ 40,120 $ (52,148) Investment Earnings 420 9,038 8,618 Total Revenues 92,688 49,158 (43,530) EXPENDITURES Current Highways and Streets 70,000 23,424 46,576 Excess (Deficiency) of Revenues Over Expenditures 22,688 25,734 3,046 OTHER FINANCING SOURCES (USES) Transfers Out - (525,944) (525,944) Net Change in Fund Balance 22,688 (500,210) (522,898) FUND BALANCE Beginning of Year - 2,493,981 2,493,981 End of Year22,688$ 1,993,771$ 1,971,083$ Original and TOWN OF FOUNTAIN HILLS, ARIZONA SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE BUDGET AND ACTUAL LOCAL COURT ENHANCEMENT FUND FISCAL YEAR ENDED JUNE 30, 2012 (64) Variance with Final BudgetActualFinal Budget REVENUES Taxes: Fines and Forfeitures14,520$ 20,323$ 5,803$ Investment Earnings300 300 - Total Revenues14,820 20,623 5,803 EXPENDITURES Current: General Government33,250 5,098 28,152 Excess (Deficiency) of Revenues Over Expenditures(18,430) 15,525 33,955 FUND BALANCE Beginning of Year- 225,000 225,000 End of Year(18,430)$ 240,525$ 258,955$ Original and TOWN OF FOUNTAIN HILLS, ARIZONA SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE BUDGET AND ACTUAL GRANTS FUND FISCAL YEAR ENDED JUNE 30, 2012 (65) Variance with OriginalFinalActualFinal Budget REVENUES Intergovernmental $ 1,500,000 $ 1,500,000 $ 168,019 $ (1,331,981) EXPENDITURES Current: General Government 1,500,000 1,438,435 138,000 1,300,435 Highways and Streets - - 9,402 (9,402) Capital Outlay - - 20,903 (20,903) Total Expenditures 1,500,000 1,438,435 168,305 1,270,130 Excess (Deficiency) of Revenues Over Expenditures - 61,565 (286) (61,851) OTHER FINANCING SOURCES (USES) Transfers In - - 286 286 Net Change in Fund Balance - 61,565 - (61,565) FUND BALANCE Beginning of Year - - - - End of Year-$ 61,565$ -$ (61,565)$ Budget TOWN OF FOUNTAIN HILLS, ARIZONA SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE BUDGET AND ACTUAL EXCISE TAX FUND FISCAL YEAR ENDED JUNE 30, 2012 (66) Variance with Final BudgetActualFinal Budget REVENUES Taxes: Sales Taxes272,136$ 302,606$ 30,470$ Investment Earnings- 8,882 8,882 Total Revenues272,136 311,488 39,352 EXPENDITURES Current: General Government211,364 112,497 98,867 Excess (Deficiency) of Revenues Over Expenditures60,772 198,991 138,219 OTHER FINANCING SOURCES (USES) Transfers Out- (6,623) (6,623) Net Change in Fund Balance60,772 192,368 131,596 FUND BALANCE Beginning of Year- 1,847,690 1,847,690 End of Year60,772$ 2,040,058$ 1,979,286$ Original and TOWN OF FOUNTAIN HILLS, ARIZONA SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGE IN FUND BALANCE BUDGET AND ACTUAL COTTONWOODS SPECIAL ASSESSMENT FUND FISCAL YEAR ENDED JUNE 30, 2012 (67) Variance with Final BudgetActualFinal Budget REVENUES Taxes: Property Taxes3,315$ 3,335$ 20$ Investment Earnings- 11 11 Total Revenue3,315 3,346 31 EXPENDITURES Current: General Government 3,315 - 3,315 Excess (Deficiency) of Revenue Over Expenditures(3,315) 3,346 6,661 FUND BALANCE Beginning of Year- 12,664 12,664 End of Year(3,315)$ 16,010$ 19,325$ Original and THIS PAGE BLANK STATISTICAL SECTION (UNAUDITED) The statistical section presents financial statement trends as well as detailed financial and operational information not available elsewhere in the report. The statistical section is intended to enhance the reader’s understanding of the information presented in the financial statements, notes to the financial statements, and other supplementary information presented in this report. The statistical section is comprised of the five categories of statistical information presented below. Financial Trends These schedules contain information on financial trends to help the reader understand how the Town’s financial position and financial activities have changed over time. Revenue Capacity These schedules contain information to help the reader assess the factors affecting the Town’s ability to generate revenue. Debt Capacity These schedules present information to help the reader evaluate the Town’s current levels of outstanding debt as well as assess the Town’s ability to make debt payments and/or issue additional debt in the future. Demographic and Economic Information These schedules present various demographic and economic indicators to help the reader understand the environment in which the Town’s financial activities take place and to help make comparisons with other cities. Operating Information These schedules contain information about the Town’s operations and various resources to help the reader draw conclusions as to how the Town’s financial information relates to the services provided by the Town. See the table of contents for page numbers of the schedules that encompass the above sections. TOWN OF FOUNTAIN HILLS, ARIZONA NET ASSETS BY COMPONENT LAST TEN FISCAL YEARS (ACCRUAL BASIS OF ACCOUNTING) (UNAUDITED) (68) 2003200420052006 Governmental Activities: Invested in Capital Assets, Net of Related Debt 11,843,575$ 11,261,256$ 17,495,539$ 20,806,507$ Restricted 6,681,170 6,471,863 5,144,127 12,446,147 Unrestricted 2,638,149 7,976,113 10,821,304 9,053,611 Total Governmental Activities Net Assets 21,162,894$ 25,709,232$ 33,460,970$ 42,306,265$ Fiscal Year Source: The source of this information is the Town’s financial records. (69) 200720082009201020112012 92,508,637$ 94,939,805$ 94,611,110$ 95,467,509$ 92,579,483$ 92,006,103$ 12,210,966 12,799,502 11,828,137 11,396,116 4,385,595 5,951,416 14,276,126 13,230,726 13,765,293 12,321,090 22,598,669 21,064,267 118,995,729$ 120,970,033$ 120,204,540$ 119,184,715$ 119,563,747$ 119,021,786$ Fiscal Year TOWN OF FOUNTAIN HILLS, ARIZONA CHANGES IN NET ASSETS LAST TEN FISCAL YEARS (ACCRUAL BASIS OF ACCOUNTING) (UNAUDITED) (70) 2003200420052006 EXPENSES Governmental Activities: General Government 3,479,333$ 3,686,452$ 3,766,500$ 3,875,014$ Public Safety 5,494,708 4,918,280 5,024,686 5,403,620 Highways and Streets 1,310,683 1,419,509 1,281,061 1,581,068 Culture and Recreation 2,363,897 2,068,613 2,362,661 2,576,406 Development Services 1,235,985 1,144,964 1,460,181 1,812,469 Interest on Long-Term Debt 1,576,842 1,499,575 1,162,796 1,297,119 Total Government Activities Expenses15,461,44814,737,39315,057,88516,545,696 PROGRAM REVENUES Governmental activities: Fees, Fines, and Charges for Services General Government 2,738,8983,388,9234,431,1544,029,437 Public Safety - - - - Highways and Streets - - - - Other Activities 43,487 32,209 59,550 103,826 Operating Grants and Contributions 1,697,900 1,590,787 1,692,712 2,022,675 Capital Grants and Contributions 237,307 Total Governmental Activities Program Revenues 4,480,285 5,011,919 6,420,723 6,155,938 Net (Expenses)/Revenues (10,981,163)$ (9,725,474)$ (8,637,162)$ (10,389,758)$ Fiscal Year Source: The source of this information is the Town’s financial records. (71) 200720082009201020112012 4,292,515$ 3,921,588$ 4,231,529$ 3,720,236$ 2,876,848$ 3,119,113$ 5,935,742 6,532,292 7,312,415 6,293,323 5,963,067 5,820,136 5,225,835 5,981,347 5,051,294 5,202,285 5,567,973 4,718,047 3,282,160 3,092,661 3,336,616 2,927,848 2,840,154 2,754,731 2,512,170 2,861,653 2,218,994 1,612,287 1,572,202 1,442,613 1,163,370 1,132,947 1,033,536 950,484 851,957 779,576 22,411,79223,522,48823,184,38420,706,46319,672,20118,634,216 910,978830,963544,7531,340,4571,126,9261,025,940 982,659 746,227 55,042 32,667 21,222 20,323 - - - 2,556 16,270 11,825 626,431 752,621 888,249 - - - - 56,802 - 1,666,498 1,614,462 1,285,656 989,100 835,659 1,353,409 632,617 2,273,414 1,392,706 3,509,168 3,222,272 2,841,453 3,674,795 5,052,294 3,736,450 (18,902,624)$ (20,300,216)$ (20,342,931)$ (17,031,668)$ (14,619,907)$ (14,897,766)$ (Continued) Fiscal Year TOWN OF FOUNTAIN HILLS, ARIZONA CHANGES IN NET ASSETS (CONTINUED) LAST TEN FISCAL YEARS (ACCRUAL BASIS OF ACCOUNTING) (UNAUDITED) (72) 2003200420052006 (Concluded) GENERAL REVENUES AND OTHER NET ASSETS Governmental Activities: Taxes: Sales Taxes 5,051,872$ 7,733,643$ 8,879,798$ 11,007,924$ Property Taxes 1,905,770 2,195,856 2,020,800 1,648,947 Franchise Taxes 152,542 126,362 216,031 314,359 State Shared Revenues 4,740,758 4,489,844 4,756,481 5,389,551 Investment Earnings 1,976,809 122,082 395,124 673,351 Miscellaneous 79,706 195,978 120,666 200,921 Total Governmental Activities13,907,45714,863,76516,388,90019,235,053 CHANGE IN NET ASSETS Governmental Activities 2,926,294$ 5,138,291$ 7,751,738$ 8,845,295$ Fiscal Year Source: The source of this information is the Town’s financial records. (73) 200720082009201020112012 11,407,714$ 10,489,591$ 8,932,374$ 7,644,440$ 8,013,480$ 7,787,489$ 1,385,953 1,635,542 1,531,770 1,928,028 1,349,079 1,453,405 324,318 336,290 321,964 285,881 322,659 332,130 8,444,731 8,848,199 8,456,552 6,000,923 5,217,140 4,515,511 1,094,994 780,935 258,478 22,831 28,456 88,877 85,418 183,963 76,300 129,740 68,125 178,393 22,743,12822,274,52019,577,43816,011,84314,998,93914,355,805 3,840,504$ 1,974,304$ (765,493)$ (1,019,825)$ 379,032$ (541,961)$ Fiscal Year TOWN OF FOUNTAIN HILLS, ARIZONA FUND BALANCES OF GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS (MODIFIED ACCRUAL BASIS OF ACCOUNTING) (UNAUDITED) (74) 2003200420052006 General Fund: Reserved$ - $ 77,485 $ 40,664 $ 14,393 Unreserved, Designated for: Vehicle Replacement - - - - Unreserved, Undesignated 4,037,863 6,293,941 9,041,779 6,515,855 Total General Fund $ 4,037,863 $ 6,371,426 $ 9,082,443 $ 6,530,248 All Other Governmental Funds: Unreserved, Designated for Vehicle Replacement $ - $ - $ - $ - Unreserved, Undesignated Reported in: Special Revenue Funds 3,411,738 5,969,830 2,176,086 1,951,434 Capital Projects Funds - - 2,429,225 9,496,266 Debt Service Funds 1,705,230 530,372 644,089 159,530 Total All Other Governmental Funds $ 5,116,968 $ 6,500,202 $ 5,249,400 $ 11,607,230 20112012 General Fund: Nonspendable Inventory$ 13,183 $ 9,332 Prepaid Items 29,234 28,245 Restricted - - Committed - 1,345,200 Assigned - 2,190,910 Unassigned 8,263,549 3,656,173 Total General Fund $ 8,305,966 $ 7,229,860 All Other Governmental Funds: Nonspendable Cash with Escrow Agent$ - $ 2,623,895 Prepaid Items 6,217 5,474 Restricted 4,379,987 3,300,426 Committed 11,480,869 2,039,560 Assigned - 9,312,168 Total All Other Governmental Funds $ 15,867,073 $ 17,281,523 Fiscal Year Fiscal Year Source: The source of this information is the Town’s financial records. Note: During fiscal year 2011, the Town implemented GASB Statement No. 54. Therefore, starting in the fiscal year ended June 30, 2011, governmental fund balances will be presented based on the GASB Statement No. 54 hierarchy. (75) 2007200820092010 $ 2,934,144 $ 3,053,070 $ 3,234,860 $ 3,235,811 - - 127,916 333,796 3,666,005 3,526,738 3,302,373 3,418,799 $ 6,600,149 $ 6,579,808 $ 6,665,149 $ 6,988,406 $ - $ - $ 95,620 $ 159,484 5,305,432 3,876,927 4,198,782 4,498,523 9,916,670 10,764,857 10,246,395 10,020,336 1,386,674 1,585,740 1,218,971 1,182,834 $ 16,608,776 $ 16,227,524 $ 15,759,768 $ 15,861,177 Fiscal Year TOWN OF FOUNTAIN HILLS, ARIZONA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS LAST TEN FISCAL YEARS (MODIFIED ACCRUAL BASIS OF ACCOUNTING) (UNAUDITED) (76) 20032004200520062007 REVENUES Taxes 7,114,486$ 9,997,706$ 11,151,893$ 12,993,876$ 13,159,087$ Intergovernmental 6,311,458 6,080,631 6,686,500 7,412,226 8,444,731 Fines and Forfeitures 195,091 361,339 249,564 235,050 304,214 Licenses and Permits 1,308,747 1,600,934 2,230,046 1,918,107 1,239,318 Charges for Services 810,412 1,038,170 1,834,205 1,689,046 898,955 Rents and Royalties 188,745 242,704 222,327 255,527 267,350 Special Assessments 4,302 3,612 1,512 21,147 4,228 Investment Income (Loss)1,976,809 122,082 395,124 673,351 1,094,994 Other 275,343 261,561 179,657 233,565 85,418 Total Revenues 18,185,393 19,708,739 22,950,828 25,431,895 25,498,295 EXPENDITURES General Government 3,318,574 3,614,458 9,547,409 4,459,183 4,024,551 Public Safety 5,174,492 4,616,161 4,754,523 5,208,770 5,689,020 Highways and Streets 1,198,080 1,402,502 1,682,563 2,121,986 2,028,397 Culture and Recreation 1,815,416 1,597,150 3,004,216 3,607,750 2,131,374 Development Services 1,215,387 1,144,964 1,460,181 1,812,469 2,462,643 Capital Outlay 79,427 101,951 - - 2,002,887 Debt Service Principal Retirement 1,393,228 1,423,228 1,308,228 1,968,228 1,968,228 Interest on Long-Term Debt 1,576,842 1,499,575 1,164,561 1,192,414 1,058,665 Other Debt Service - - 229,990 532,762 - Total Expenditures 15,771,446 15,399,989 23,151,671 20,903,562 21,365,765 Excess of Revenues Over (Under) Expenditures 2,413,947 4,308,750 (200,843) 4,528,333 4,132,530 OTHER FINANCING SOURCES (USES) Transfers In 5,981,544 1,630,907 4,805,635 10,146,663 4,383,069 Transfers Out (5,981,544) (1,630,907) (4,805,635) (10,146,663) (4,383,069) Issuance of Refunding Debt - - 12,555,000 4,555,000 - Issuance of Long-Term Debt - - 3,783,896 - - Payment to Refunded Debt Escrow Agent - - (14,677,838) (4,338,781) - Total Other Financing Sources (Uses)- - 1,661,058 216,219 - Net Change in Fund Balance2,413,947$ 4,308,750$ 1,460,215$ 4,744,552$ 4,132,530$ Debt Service as a Percentage of Noncapital Expenditures23.35%23.62%13.22%21.46%18.53% Fiscal Year Source: The source of this information is the Town’s financial records. (77) 20082009201020112012 12,457,086$ 10,960,001$ 9,818,985$ 9,704,054$ 9,577,321$ 9,353,260 9,607,961 7,672,037 7,165,103 6,035,448 287,120 339,658 297,030 236,221 223,673 1,125,957 541,627 399,094 312,367 194,976 620,300 316,676 464,036 388,635 405,663 296,434 290,083 215,520 227,195 206,018 4,337 4,037 - - - 780,935 258,478 22,831 28,456 88,877 183,963 43,683 129,740 72,125 178,393 25,109,392 22,362,204 19,019,273 18,134,156 16,910,369 3,548,295 3,514,249 3,186,368 2,575,975 2,887,321 6,321,669 6,624,141 6,200,227 5,772,800 5,869,445 2,214,557 1,199,850 973,746 1,123,230 1,054,930 2,257,007 2,215,065 2,007,737 1,871,446 1,794,332 2,751,740 2,036,295 1,669,449 1,564,615 1,421,787 5,239,169 3,708,277 1,254,223 1,043,304 884,323 2,153,228 2,240,000 2,460,000 2,115,000 1,965,000 1,025,320 929,134 842,857 744,330 639,135 - - - - 55,752 25,510,985 22,467,011 18,594,607 16,810,700 16,572,025 (401,593) (104,807) 424,666 1,323,456 338,344 2,756,988 3,759,735 1,127,776 431,880 2,470,027 (2,756,988) (3,950,654) (1,127,776) (431,880) (2,470,027) - - - - - - - - - - - - - - - - (190,919) - - - (401,593)$ (295,726)$ 424,666$ 1,323,456$ 338,344$ 18.60%20.33%18.29%17.41%17.09% Fiscal Year THIS PAGE BLANK TOWN OF FOUNTAIN HILLS, ARIZONA GOVERNMENTAL ACTIVITIES TAX REVENUES BY SOURCE LAST TEN FISCAL YEARS (ACCRUAL BASIS OF ACCOUNTING) (UNAUDITED) (78) Fiscal Year Sales Taxes Property Taxes Franchise TaxesTotal 2003 5,051,872$ 1,905,770$ 152,542$ 7,110,184$ 2004 7,733,643 2,195,856 126,362 10,055,861 2005 8,879,798 2,020,800 216,031 11,116,629 2006 11,007,924 1,648,947 314,359 12,971,230 2007 11,407,714 1,385,953 324,318 13,117,985 2008 10,489,591 1,635,542 336,290 12,461,423 2009 8,932,374 1,531,770 321,964 10,786,108 2010 7,644,440 1,928,028 285,881 9,858,349 2011 8,013,480 1,349,079 322,659 9,685,218 2012 7,787,489 1,453,405 332,130 9,573,024 Source: The source of this information is the Town’s financial records. TOWN OF FOUNTAIN HILLS, ARIZONA TAXABLE SALES BY CATEGORY LAST TEN FISCAL YEARS (UNAUDITED) (79) 20032004200520062007 Sales Category: Construction1,203,706$ 1,482,981$ 1,837,317$ 3,362,079$ 2,694,700$ Restaurants and Bars276,664 419,107 524,368 547,276 537,596 Transportation and Utilities590,446 916,498 1,124,677 1,240,120 1,330,052 Services455,324 423,433 185,868 263,239 280,290 Real estate, Rental and Leasing205,849 341,951 604,356 626,364 792,358 Wholesale/Retail1,930,175 3,212,062 3,536,045 3,796,192 4,144,263 Other188,654 706,816 933,366 1,030,966 1,296,171 Total4,850,818$ 7,502,848$ 8,745,997$ 10,866,236$ 11,075,430$ Fiscal Year Source: The source of this information is the Town’s financial records. (80) 20082009201020112012 2,062,028$ 1,414,240$ 538,551$ 567,136$ 600,402$ 582,226 493,242 509,624 559,930 575,705 1,422,158 1,311,735 1,424,827 1,388,074 1,407,331 327,411 258,138 241,686 276,566 274,481 982,198 664,999 650,071 731,615 678,267 3,912,512 3,687,409 3,555,974 3,567,615 3,600,619 1,182,349 910,561 691,972 733,454 730,956 10,470,882$ 8,740,324$ 7,612,705$ 7,824,390$ 7,867,761$ Fiscal Year THIS PAGE BLANK TOWN OF FOUNTAIN HILLS, ARIZONA DIRECT AND OVERLAPPING SALES TAX RATES LAST TEN FISCAL YEARS (UNAUDITED) (81) Fiscal Year 2003 1.60 % 0.70 % 5.60 % 7.90 % 2004 2.60 0.70 5.60 8.90 2005 2.60 0.70 5.60 8.90 2006 2.60 0.70 5.60 8.90 2007 2.60 0.70 5.60 8.90 2008 2.60 0.70 5.60 8.90 2009 2.60 0.70 5.60 8.90 2010 2.60 0.70 6.60 9.90 2011 2.60 0.70 6.60 9.90 2012 2.60 0.70 6.60 9.90 Total Tax Rate Town Rate Maricopa County State Rate Source: The source of this information is the Arizona Department of Revenue. TOWN OF FOUNTAIN HILLS, ARIZONA ASSESSED VALUE AND ESTIMATED TOTAL VALUE OF TAXABLE PROPERTY LAST TEN FISCAL YEARS (UNAUDITED) (82) Fiscal Year Net Assessed Value (in thousands) Total Direct Tax Rate Total Value (in thousands) 2003 $ 270,603 $ 0.51 $ 2,418,236 11.19 % 2004 323,384 0.48 2,942,849 10.99 2005 349,399 0.42 3,162,855 11.05 2006 375,183 0.35 3,411,461 11.00 2007 610,738 0.30 5,840,185 10.46 2008 684,742 0.22 6,847,423 10.00 2009 651,218 0.20 6,648,954 9.79 2010 576,535 0.22 6,255,310 9.22 2011 451,860 0.18 4,370,950 10.34 2012 377,522 0.22 3,668,374 10.29 Assessed Value as a Percentage of Total Value Source: The source of this information is the Arizona Department of Revenue’s Abstract of the Assessment Roll and the Town’s financial records. TOWN OF FOUNTAIN HILLS, ARIZONA PRINCIPAL PROPERTY TAXPAYERS JUNE 30, 2012 AND 2003 (UNAUDITED) (83) Taxpayer Net Secondary Assessed ValueRank Net Secondary Assessed ValueRank Inland Western Fountain Hills Four Peaks, LLC3,497,492$ 10.93%-$ N/AN/A% Chaparral City Water Company3,025,000 20.803,645,656 1.35 EN II, LLC2,299,280 30.61- N/AN/A WSL Fountain View Investors V, LLC2,209,139 40.59- N/AN/A Pacific FH Resort, LLC13,756,875 53.64- N/AN/A J & R Holdings XX, LLC2,089,587 60.55- N/AN/A Target Corporation2,058,652 70.55- N/AN/A Qwest Corporation1,649,928 80.44- N/AN/A Firerock, LLC1,608,357 90.436,654,687 12.46 Fountain Hills AZ Development LLLP1,504,850 100.40- N/AN/A MCO Properties, LP 2,132,248 20.79 Fountain Hills Village LLC 1,570,000 3 Four Peaks Limited Partnership1,136,626 40.42 MCO Properties, Inc. 1,027,240 50.38 Fountain Hills-Old Vine Limited Partnership890,522 60.33 Summit Estates, LLC 862,111 70.32 Safeway, Inc. 841,884 80.31 562502 Ontario Inc. 838,648 90.31 Sun Tech Development, LLC 809,435 100.3 33,699,160$ 8.9420,409,057$ 6.97 Percentage of Total Net Secondary Assessed Value 20122003 Percentage of Total Net Secondary Assessed Value Source: The source of this information is the Maricopa County Assessor’s Office. TOWN OF FOUNTAIN HILLS, ARIZONA PROPERTY TAX LEVIES AND COLLECTIONS LAST TEN FISCAL YEARS (UNAUDITED) (84) Ratio of CurrentPercent ofDelinquentTotal Tax FiscalTotal Tax Current TaxesTaxTotal TaxCollections to YearTax LevyCollectionsCollectedCollectionsCollectionsTotal Tax Levy 20031,842,009$ 1,777,619$ 96.5%51,558$ 1,829,177$ 99.3% 20042,125,505 2,053,055 96.6%57,506 2,110,561 99.3% 20052,041,230 1,992,532 97.6%22,283 2,014,815 98.7% 20061,673,519 1,618,877 96.7%34,011 1,652,888 98.8% 20071,391,521 1,359,035 97.7%27,203 1,386,238 99.6% 20081,630,534 1,578,583 96.8%48,013 1,626,596 99.8% 20091,719,105 1,660,820 96.6%53,548 1,714,368 99.7% 20101,895,552 1,838,909 97.0%52,478 1,891,387 99.8% 20111,340,544 1,307,092 97.5%27,530 1,334,622 99.6% 20121,446,076 1,414,482 97.8%- 1,414,482 97.8% Source: The source of this information is the Maricopa County Treasurer’s Office. TOWN OF FOUNTAIN HILLS, ARIZONA RATIOS OF OUTSTANDING DEBT BY TYPE LAST TEN FISCAL YEARS (UNAUDITED) (85) Fiscal Year General Obligation Bonds and Other Bonds Less: Amounts Restricted for PrincipalTotalPer Capita 200324,015,000$ 1,393,228$ 22,621,772$ 21.26 % 1,017$ 200425,335,000 1,423,228 23,911,772 20.68 1,061 200524,190,000 1,308,228 22,881,772 18.20 986 200622,365,000 1,968,228 20,396,772 15.40 833 200726,910,467 1,978,149 24,932,318 17.85 976 200824,932,318 2,163,146 22,769,172 N/A 855 200922,769,172 2,249,921 20,519,251 N/A 808 201017,965,000 2,115,000 15,850,000 N/A 705 201115,850,000 2,205,000 13,645,000 N/A608 201213,885,000 2,280,000 11,605,000 N/A 515 Governmental Activities Percentage of Personal Income Source: The source of this information is the Town’s financial records and the Bureau of Economic Analysis. Note: N/A indicates that the information is not available. TOWN OF FOUNTAIN HILLS, ARIZONA RATIOS OF GENERAL BONDED DEBT OUTSTANDING LAST TEN FISCAL YEARS (UNAUDITED) (86) Fiscal Year General Obligation Bonds Taxable Assessed Value of PropertyPopulation Net General Obligation Bonded Debt Per Capita 2003 11,865,000$ $ 270,603,000 4.38% 22,243 533$ 2004 11,110,000 323,385,000 3.44% 22,541 493 2005 10,675,000 349,398,000 3.06% 23,217 460 2006 9,600,000 375,183,000 2.56% 24,492 392 2007 8,620,000 576,535,714 1.50% 25,540 338 2008 7,570,000 684,742,347 1.11% 26,633 284 2009 6,530,000 651,218,464 1.00% 25,388 257 2010 9,045,000 576,535,714 1.57% 22,489 402 2011 7,965,000 451,860,136 1.76% 22,444 355 2011 6,845,000 377,521,718 1.81% 22,554 303 Percentage of Taxable Assessed Value of Property Source: The source of this information is the Maricopa County Assessor’s Office and the Town’s financial records. TOWN OF FOUNTAIN HILLS, ARIZONA DIRECT AND OVERLAPPING GOVERNMENTAL ACTIVITIES DEBT AS OF JUNE 30, 2012 (UNAUDITED) (87) Governmental UnitOutstanding Debt Estimated Percentage Applicable Estimated Share of Overlapping Debt Overlapping: Maricopa County 133,930,000$ 1.10%1,473,230$ Maricopa County Community College District 683,835,000 1.10%7,522,185 Fountain Hills Unified School District 12,595,000 96.30%12,128,985 Eagle Mountain Community Facilities District 3,090,000 100.00%3,090,000 Subtotal, Overlapping Debt 24,214,400 Direct: Town of Fountain Hills, Arizona 10,795,000 Total Direct and Overlapping Debt 35,009,400$ Source: The source of this information is the Town’s records and the State and County Abstract of the Assessment the Arizona Department of Revenue Report of Indebtedness and the applicable governmental unit. Note: The estimated percentage of debt outstanding applicable to the Town is calculated based on the Town’s secondary assessed valuation (full cash value) as a percentage of the secondary assessed valuation of the overlapping jurisdiction. Overlapping governments are those that coincide, at least in part, with the geographic boundaries of the Town of Fountain Hills. This schedule further estimates the portion of outstanding debt of those overlapping governments that is borne by residents and businesses of the Town. This process recognizes that, when considering a town’s ability to issue and repay long-term debt, the entire debt burden borne by residents should be taken into account. However, this fact does not imply that every taxpayer is a resident, and therefore, responsible for repaying the debt of each overlapping government. TOWN OF FOUNTAIN HILLS, ARIZONA LEGAL DEBT MARGIN INFORMATION LAST TEN FISCAL YEARS (UNAUDITED) (88) 2003200420052006 Debt Limit 16,236,172$ 19,403,114$ 20,963,900$ 22,510,991$ Total Applicable to Limit 5,625,000 5,190,000 3,595,000 3,410,000 Legal Debt Margin 10,611,172$ 14,213,114$ 17,368,900$ 19,100,991$ Total Net Debt Applicable to the Limit as a Percentage of the Debt Limit35%27%17%15% 20% Debt Limit 2003200420052006 Debt Limit 54,120,573$ 64,677,046$ 69,879,667$ 75,036,636$ Total Applicable to Limit 6,975,000 6,675,000 7,515,000 7,265,000 Legal Debt Margin 47,145,573$ 58,002,046$ 62,364,667$ 67,771,636$ Total Net Debt Applicable to the Limit as a Percentage of the Debt Limit13%10%11%10% Fiscal Year Fiscal Year Source: The source of this information is the Maricopa County Assessor’s Office and the Town’s financial records. (89) 200720082009201020112012 34,592,143$ 41,084,541$ 39,073,108$ 34,592,143$ 27,111,608$ 22,651,303$ 1,660,000 - 320,000 - - - 32,932,143$ 41,084,541$ 38,753,108$ 34,592,143$ 27,111,608$ 22,651,303$ 5%0%1%0%0%0% 200720082009201020112011 115,307,143$ 136,948,469$ 130,243,693$ 115,307,143$ 90,372,027$ 75,504,344$ 5,415,000 6,510,000 6,210,000 5,415,000 4,595,000 3,755,000 109,892,143$ 130,438,469$ 124,033,693$ 109,892,143$ 85,777,027$ 71,749,344$ 5%5%5%5%5%5% Fiscal Year Fiscal Year TOWN OF FOUNTAIN HILLS, ARIZONA CALCULATION OF LEGAL DEBT MARGIN AS OF JUNE 30, 2012 (UNAUDITED) (90) Net Secondary Assessed Valuation 377,521,718$ Water, Sewer, Light, Parks, Open Space and Recreational Facility Bonds Debt Limit - 20% of Net Secondary Assessed Valuation 75,504,344$ Net Debt Applicable to Limit 3,755,000 20% Legal Debt Margin 71,749,344 All other general obligation bonds Debt Limit - 6% of Net Secondary Assessed Valuation 22,651,303 Net Debt Applicable to Limit - 6% Legal Debt Margin 22,651,303 Total legal debt margin 94,400,647$ Source: The source of this information is the Maricopa County Assessor’s Office and the Town’s financial records. TOWN OF FOUNTAIN HILLS, ARIZONA REVENUE BOND COVERAGE LAST TEN FISCAL YEARS (UNAUDITED) (91) Fiscal YearPrincipalInterestTotal Pledged RevenuesCoverage 2003 $ 425,000 566,433$ 991,433$ 11,270,153$ 11.4 2004425,000 550,983 975,983 14,044,597 14.4 2005620,000 456,892 1,076,892 16,171,235 15.0 2006665,000 546,576 1,211,576 18,746,928 15.5 2007715,000 473,349 1,188,349 19,379,717 16.3 2008805,000 498,878 1,303,878 18,890,944 14.5 2009885,000 460,379 1,345,379 16,440,872 12.2 2010985,000 424,538 1,409,538 14,380,648 10.2 20111,035,000 373,768 1,408,768 14,001,045 9.9 2012845,000 332,463 1,177,463 13,075,001 11.1 Municipal Facilities Revenue Bonds Source: The source of this information is the Town’s financial records. TOWN OF FOUNTAIN HILLS, ARIZONA DEMOGRAPHIC AND ECONOMIC STATISTICS LAST TEN CALENDAR YEARS (UNAUDITED) (92) 2002200320042005 Population21,954 22,243 22,541 23,217 Personal income100,805,099$ 106,385,325$ 115,604,165$ 125,718,070$ Per capital personal income28,900$ 29,607$ 31,133$ 32,414$ Median ageN/AN/AN/AN/A School enrollment2,447 2,450 2,453 2,373 Town of Fountain Hills unemployment rate2.7%2.6%2.1%2.0% Land use Total acresN/AN/AN/AN/A Total square milesN/AN/AN/AN/A Vacant lotsN/AN/AN/AN/A Number of units HousingN/AN/AN/AN/A LodgingN/AN/AN/AN/A RestaurantsN/AN/AN/AN/A Shopping centersN/AN/AN/AN/A Schools PublicN/AN/AN/AN/A PreschoolN/AN/AN/AN/A CharterN/AN/AN/AN/A Calendar Year Source: The source of the “Personal Income” and “Per Capita” information is the Bureau of Economic Analysis. The source of the “Population” and “Unemployment Rate” information is State of Arizona, Department of Administration, Office of Employment and Population Statistics. The source of School Enrollment is the Fountain Hills Unified School District No. 98. Other information is from the Town’s records. Note: N/A indicates that the information is not available. * Information obtained is based on calendar years; therefore, the latest information obtained was from 2011. (93) 200620072008200920102011 24,452 25,540 26,633 25,388 22,489 22,554 132,423,154$ 139,665,253$ N/AN/AN/AN/A 35,046$ 36,135$ 32,230$ 38,439$ 38,918$ N/A N/A46.446.449.749.7N/A 2,425 2,307 2,233 2,203 2,103 1,981 1.8%1.6%2.5%4.4%4.5%6.8% 12,296.0 13,005.7 13,005.7 13,005.7 13,005.7 13,005.7 20.31 20.32 20.32 20.32 20.32 20.32 N/A3,355 1,295 1,253 1,226 1,218 12,681 12,850 12,832 12,927 13,167 13,167 4 4 4 4 4 4 50 53 47 52 53 56 14 14 19 19 20 20 4 4 4 4 4 4 5 4 4 4 4 4 2 1 1 1 1 1 Calendar Year TOWN OF FOUNTAIN HILLS, ARIZONA PRINCIPAL EMPLOYERS PRIOR FISCAL YEAR AND NINE YEARS AGO* (UNAUDITED) (94) EmployerEmployeesRank Percentage of Total Town EmploymentEmployeesRank Fountain Hills Unified School District No. 98 336 19.1% 250 1 Fountain View Village 136 23.7% - Target 102 32.8% - Firerock County Club 100 42.7% - Fry's 91 52.5% - Safeway Food Stores 90 62.4% 95 4 Eagle Mountain Golf Course 70 71.9% 40 9 Town of Fountain Hills 66 91.8% 115 3 Basha's 62 81.7% 70 6 TT Construction, Inc. 60 101.6% - Sunridge Canyon Golf Course 59 111.6% 70 7 Desert Canyon Golf Club 58 121.6% 50 8 MCO Properties, Inc. - 0.0% 85 5 Monks Construction - 0.0% 150 2 Total 1,230 33.5% 925 Total Town employment 3,675 20022011 Source: The source of this information is the Town’s financial records. * Data for 2012 and 2003 are not available. TOWN OF FOUNTAIN HILLS, ARIZONA FULL-TIME EQUIVALENT GOVERNMENT EMPLOYEES BY FUNCTION LAST TEN FISCAL YEARS (UNAUDITED) (95) Function2003200420052006200720082009201020112012 Municipal Court 6.00 5.00 5.00 5.50 5.00 5.00 5.00 5.00 5.00 5.00 Administration 14.50 10.00 11.00 12.50 13.00 13.50 13.50 13.25 11.25 11.58 Public Safety 20.00 1.00 - - - - - - - - Development Services 43.00 40.00 39.50 41.00 41.00 40.50 40.00 35.75 23.25 20.25 Community Services 22.50 20.00 21.50 23.50 28.00 29.25 29.75 27.10 21.63 21.53 Total 106.00 76.00 77.00 82.50 87.00 88.25 88.25 81.10 61.13 58.36 Fiscal Year Source: The source of this information is the Town’s financial records. TOWN OF FOUNTAIN HILLS, ARIZONA OPERATING INDICATORS BY FUNCTION LAST TEN FISCAL YEARS (UNAUDITED) (96) Function/Program 20032004200520062007 Municipal Court: Cases filedN/AN/AN/AN/AN/A Hearings/Trials heldN/AN/AN/AN/AN/A Administration: FTEs per 1,000 residents4.8 3.4 3.4 3.6 3.6 Registered voters - general election12,594 13,349 none13,669 none Voter turnout - general election43%23%none21%none Development Services: Building permits issued168 228 430 468 759 Building inspections conducted6,389 6,985 8,446 9,377 7,975 Number of code violation casesN/AN/AN/AN/AN/A Number of zoning casesN/AN/AN/AN/AN/A Community Services: Number of Community Center bookingsN/AN/AN/AN/AN/A Number of participants in recreational programs N/AN/AN/AN/AN/A Number of Senior Services membersN/AN/AN/AN/AN/A Number of home delivered mealsN/AN/AN/AN/AN/A Law Enforcement (contracted): Physical arrests601 601 644 N/A993 Traffic violations3,186 3,186 2,432 N/A2,315 Fire & Emergency Medical (contracted): Total incident responsesN/AN/AN/A3,056 3,069 Average response time (in minutes)N/AN/AN/A3:473:49 Fiscal Year Source: The source of this information is the Town’s financial records. Note: N/A indicates that the information is not available. * Includes permits issued for all types of activities requiring permits. (97) 20082009201020112012 N/AN/A3,520 2,584 2,173 N/AN/A1,089 738 731 3.5 3.3 3.2 2.7 2.6 14,335 none15,511 none16,074 39%none50%none34% 716 391 409 354 352 5,692 3,189 1,936 1,546 1,257 N/AN/A1,024 843 804 N/AN/A7 14 7 N/AN/A3,396 3,315 3,236 N/AN/A1,960 1,759 1596* N/AN/A1,105 1,205 1208* N/AN/A10,169 9,742 8000* 524 825 679 645 522 2,504 4,900 2,959 1,909 1,366 2,694 2,787 2,875 3,179 3,082 3:373:444:323:463:50 Fiscal Year TOWN OF FOUNTAIN HILLS, ARIZONA CAPITAL ASSETS STATISTICS BY FUNCTION LAST TEN FISCAL YEARS (UNAUDITED) (98) Function/Program20032004200520062007 Public Safety: Number of Fire stations22222 Other Public Works: Streets (Miles)178.5178.5178.5178.5178.5 Streets (Lane Miles)395395395395395 StreetlightsN/A N/A N/A 3434 Traffic Signals1011111213 Parks and Recreation: Acreage116116116116116 Playgrounds 33333 Baseball/Softball Diamonds 66666 Soccer/Football Fields44433 Community Centers11111 Preserve AcreageN/A N/A N/A N/A N/A Miles of TrailsN/A N/A N/A N/A N/A Fiscal Year Source: The source of this information is the Town’s facilities records. (99) 20082009201020112012 22222 178.5178.5178.5178.5178.5 395395395395395 3434343434 1212121313 116116116116116 33344 66666 33355 11111 N/A N/A N/A N/A 740 N/A N/A N/A N/A 4.3 Fiscal Year THIS PAGE BLANK An independent member of Nexia International INDEPENDENT ACCOUNTANTS’ REPORT The Honorable Mayor and Town Council Town of Fountain Hills, Arizona Fountain Hills, Arizona We have examined the Town of Fountain Hills, Arizona’s (Town) compliance as to whether highway user revenue fund monies received by the Town pursuant to Arizona Revised Statutes title 28, chapter 18, article 2 and any other dedicated state transportation revenues received by the Town are being used solely for the authorized transportation purposes during the fiscal year ended June 30, 2012. Management is responsible for the Town of Fountain Hills, Arizona’s compliance with those requirements. Our responsibility is to express an opinion on the Town of Fountain Hills, Arizona’s compliance based on our examination. Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence about the Town of Fountain Hills, Arizona’s compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion. Our examination does not provide a legal determination on the Town of Fountain Hills, Arizona’s compliance with specified requirements. In our opinion, the Town of Fountain Hills, Arizona complied, in all material respects, with the aforementioned requirements for the fiscal year ended June 30, 2012. This report is intended solely for the information and use of the members of the Arizona State Legislature, the Town Council and management and is not intended to be and should not be used by anyone other than these specified parties. CliftonLarsonAllen LLP Mesa, Arizona October 18, 2012 An independent member of Nexia International (1) INDEPENDENT AUDITOR’S REPORT The Honorable Mayor and the Town Council Town of Fountain Hills, Arizona Fountain Hills, Arizona We have audited the accompanying Schedule of LTAF II Funds, Revenues and Expenditures of the Town of Fountain Hills, Arizona for the year ended June 30, 2012. This Schedule of LTAF II Funds, Revenues and Expenditures are the responsibility of the Town of Fountain Hills, Arizona’s management. Our responsibility is to express an opinion on the Schedule of LTAF II Funds, Revenues and Expenditures based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the Schedule of LTAF II Funds, Revenues and Expenditures is free from material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the Schedule of LTAF II Funds, Revenues and Expenditures. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall presentation of the Schedule of LTAF II Funds, Revenues and Expenditures. We believe that our audit provides a reasonable basis for our opinion. The accompanying Schedule of LTAF II Funds, Revenues and Expenditures was prepared for the purpose of complying with the rules and regulations of the State of Arizona, Department of Transportation, as described in Note 1 and is not intended to be a complete presentation of the Town of Fountain Hills, Arizona’s revenues and expenditures. In our opinion, the Schedule of LTAF II Funds, Revenues and Expenditures referred to above presents fairly, in all material respects, the information required by the State of Arizona, Department of Transportation, on the basis of accounting described in Note 1. CliftonLarsonAllen LLP Mesa, Arizona October 18, 2012 TOWN OF FOUNTAIN HILLS, ARIZONA SCHEDULE OF LTAF II FUNDS REVENUE AND EXPENDITURES YEAR ENDED JUNE 30, 2012 See accompanying notes to this schedule. (2) LTAF II Funds Revenues (1) $ 65,986 Expenditures (2) Transit Operating - Capital - Other - Transportation Operating - Capital - Other - Total expenditures - Total unexpended LTAF II funds 65,986 Beginning fund balance, July 1 - Ending fund balance, June 30 $ 65,986 TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO THE SCHEDULE OF LTAF II FUNDS JUNE 30, 2012 (3) (1) Revenues and expenditures are reported on the modified accrual basis of accounting. (2) The Town has not yet expended the funds received from fiscal year 2011-12. The Town is planning to implement one of two programs: Dial-a-ride services for citizens or Flex-stop circulators for rider pickup. The Town expects to fully expend the monies in the upcoming fiscal year. TOWN OF FOUNTAIN HILLS, ARIZONA ANNUAL EXPENDITURE LIMITATION REPORT YEAR ENDED JUNE 30, 2012 TOWN OF FOUNTAIN HILLS, ARIZONA TABLE OF CONTENTS YEAR ENDED JUNE 30, 2012 INDEPENDENT AUDITORS’ REPORT 1 ANNUAL EXPENDITURE LIMITATION REPORT - PART I 2 ANNUAL EXPENDITURE LIMITATION REPORT - PART II 3 ANNUAL EXPENDITURE LIMITATION REPORT - RECONCILIATION 4 NOTES TO ANNUAL EXPENDITURE LIMITATION REPORT 5 An independent member of Nexia International (1) INDEPENDENT AUDITORS’ REPORT The Auditor General of the State of Arizona and The Honorable Mayor and the Town Council Town of Fountain Hills, Arizona We have audited the accompanying Annual Expenditure Limitation Report of the Town of Fountain Hills, Arizona, for the year ended June 30, 2012. This report is the responsibility of the Town of Fountain Hills, Arizona’s management. Our responsibility is to express an opinion on this report based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the report is free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the report. An audit also includes assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall report presentation. We believe that our audit provides a reasonable basis for our opinion. The accompanying Annual Expenditure Limitation Report was prepared for the purpose of complying with the uniform expenditure reporting system as discussed in Note 1, and is not intended to be a presentation in conformity with accounting principles generally accepted in the United States of America. In our opinion, the Annual Expenditure Limitation Report of the Town of Fountain Hills, Arizona, for the year ended June 30, 2012, referred to above presents fairly, in all material respects, the information required by the uniform expenditure reporting system on the basis of accounting described in Note 1. This report is intended solely for the information and use of management, and for filing with the Auditor General of the State of Arizona, and is not intended to be and should not be used by anyone other than these specified parties. CliftonLarsonAllen LLP Mesa, Arizona October 18, 2012 TOWN OF FOUNTAIN HILLS, ARIZONA ANNUAL EXPENDITURE LIMITATION REPORT - PART I YEAR ENDED JUNE 30, 2012 See accompanying notes to report. (2) 1.Economic Estimates Commission expenditure limitation24,806,966$ 2.Voter approved alternative expenditure limitation (Approved for fiscal year 2009-2010.)- 3.Enter applicable amount from Line 1 or Line 224,806,966$ 4.Amount subject to the expenditure limitation (total amount from Part II, Line C)12,760,706 5.Board-authorized expenditures necessitated by a disaster not declared by the Governor [Article IX, §20(20)(a), Arizona Constitution]- 6.Board-authorized expenditures necessitated by a disaster not declared by the Governor [Article IX, §20(20)(b), Arizona Constitution]- 7.Prior-year voter approved expenditures to exceed the expenditure limitation for the reporting fiscal year [Article IX, §20(2)(c), Arizona Constitution]- 8.Subtotal12,760,706 9.Board-authorized excess expenditures for the previous fiscal year necessitated by a disaster not declared by the Governor and not approved by the voters [Article IX, §20(2)(b), Arizona Constitution]- 10.Total adjusted amount subject to the expenditure limitation12,760,706 11.Amount under (in excess of) the expenditure limitation (If excess expenditures are reported, provide an explanation.)12,046,260$ I hereby certify, to the best of my knowledge and belief, that the information contained in this report is accurate and in accordance with the requirements of the uniform expenditure reporting system. Signature of Chief Fiscal Officer: Name and Title: Julie Ghetti, Deputy Town Manager Telephone Number: (480) 816-5113 Date: October 18, 2012 TO W N O F F O U N T A I N H I L L S , A R I Z O N A AN N U A L E X P E N D I T U R E L I M I T A T I ON R E P O R T - P A R T I I YE A R E N D E D J U N E 3 0 , 2 0 1 2 Se e a c c o m p a n y i n g n o t e s t o r e p o r t . (3 ) De s c r i p t i o n Go v e r n m e n t a l Fu n d s En t e r p r i s e Fu n d s In t e r n a l Se r v i c e F u n d s Fiduciary Funds Total A. Am o u n t s r e p o r t e d o n t h e R e c o n c il i a t i o n L i n e D 1 4 , 9 2 9 , 7 0 1 $ - $ - $ - $ 1 4 , 9 2 9 , 7 0 1 $ B. Le s s e x c l u s i o n s c l a i m e d : 1 Bo n d p r o c e e d s - - - - - De b t s e r v i c e r e q u i r e m e n t s o n b o n d e d i n d e b t e d n e s s 1 , 0 1 7 , 5 6 3 - - - 1 , 0 1 7 , 5 6 3 De b t s e r v i c e r e q u i r e m e n t s o n ot h e r l o n g - t e r m o b l i g a t i o n s - - - - - 2 Di v i d e n d s , i n t e r e s t a n d g a i n s o n s a l e o f i n v e s t m e n t s e c u r i t i e s - - - - - 3 Tr u s t e e o r c u s t o d i a n - - - - - 4 Gr a n t s a n d a i d f r o m t h e f e d e r a l g o v e r n m e n t - - - - - 5 - - - - - 6 Am o u n t s r e c e i v e d f r o m t h e s t a t e 1 6 8 , 0 1 9 - - - 1 6 8 , 0 1 9 7 - - - - - 8 - - - - - 9 Hi g h w a y u s e r r e v e n u e s i n e x c e s s F Y 1 9 7 9 - 8 0 9 8 3 , 4 1 3 - - - 9 8 3 , 4 1 3 10 Co n t r a c t s w i t h o t h e r p o l i t i c a l s u b d i v i s i o n s - - - - - 11 Re f u n d s , r e i m b u r s e m e n t s a n d o t h e r r e c o v e r i e s - - - - - 12 Vo t e r a p p r o v e d e x c l u s i o n s n o t i d e n t i f i e d a b o v e - - - - - 13 Pr i o r y e a r s c a r r y f o r w a r d - - - - - 14 To t a l e x c l u s i o n s c l a i m e d 2 , 1 6 8 , 9 9 5 - - - 2 , 1 6 8 , 9 9 5 C. Am o u n t s s u b j e c t t o t h e e x p e n d i t u r e l i m i t a t i o n 1 2 , 7 6 0 , 7 0 6 $ - $ - $ - $ 1 2 , 7 6 0 , 7 0 6 $ Gr a n t s , a i d , c o n t r i b u t i o n s o r g i f t s f r o m p r i v a t e a g e n c y , or g a n i z a t i o n o r i n d i v i d u a l Qu a s i - e x t e r n a l i n t e r f u n d t r a n s a c t i o n s ( t o w n s e w e r f e e s a / c 1 0 - 41 - 2 1 7 , 1 0 - 5 5 - 2 1 7 ) Am o u n t s a c c u m u l a t e d f o r p u r c h a s e o f l a n d , p u r c h a s e o r co n s t r u c t i o n o f b u i l d i n g s o r i m p r o v e m e n t s TO W N O F F O U N T A I N H I L L S , A R I Z O N A AN N U A L E X P E N D I T U R E L I M I T A T I O N R E P O R T - R E C O N C I L I A T I O N YE A R E N D E D J U N E 3 0 , 2 0 1 2 Se e a c c o m p a n y i n g n o t e s t o r e p o r t . (4 ) De s c r i p t i o n Go v e r n m e n t a l Fu n d s En t e r p r i s e Fu n d s In t e r n a l Se r v i c e F u n d s Fiduciary Funds Total A. To t a l E x p e n d i t u r e s w i t h i n t h e f u n d - b a s e d f i n a n c i a l s t a t e m e n t s 1 6 , 5 7 2 , 0 2 5 $ - $ - $ - $ 1 6 , 5 7 2 , 0 2 5 $ B. Su b t r a c t : 1 It e m s n o t r e q u i r i n g u s e o f w o r k i n g c a p i t a l De p r e c i a t i o n - - - - - Lo s s o n d i s p o s a l o f c a p i t a l a s s e t s - - - - - Ba d d e b t e x p e n s e - - - - - Cl a i m s i n c u r r e d b u t n o t r e p o r t e d - - - - - La n d f i l l C l o s u r e - - - - - 2 Ex p e n d i t u r e s o f s e p a r a t e l e g a l e n t i ti e s e s t a b l i s h e d u n d e r A R S 1 , 6 4 2 , 3 2 4 - - - 1 , 6 4 2 , 3 2 4 3 Pr e s e n t v a l u e o f n e t m i n i m u m c a p i t a l l e a s e s - - - - - 4 Ch a r g e s f o r s e r v i c e s p a i d to I n t e r n a l S e r v i c e F u n d s - - - - - 5 In v o l u n t a r y c o u r t j u d g m e n t s - - - - - 6 To t a l s u b t r a c t i o n s 1 , 6 4 2 , 3 2 4 - - - 1 , 6 4 2 , 3 2 4 C. Ad d i t i o n s : 1 Pr i n c i p a l p a y m e n t s o n l o n g - t e r m d e b t - - - - - 2 Ac q u i s i t i o n o f c a p i t a l a s s e t s - - - - - 3 Cl a i m s p a i d i n t h e c u r r e n t y e a r b u t re p o r t e d a s e x p e n s e s i n c u r r e d b u t n o t re p o r t e d i n p r e v i o u s y e a r s - - - - - 4 La n d f i l l c l o s u r e a s e x p e n d e d i n p r e v i o u s y e a r s - - - - - 5 To t a l a d d i t i o n s - - - - - D. Am o u n t s r e p o r t e d o n P a r t I I L i n e A 1 4 , 9 2 9 , 7 0 1 $ - $ - $ - $ 1 4 , 9 2 9 , 7 0 1 $ TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO ANNUAL EXPENDITURE LIMITATION REPORT JUNE 30, 2012 (5) NOTE 1 SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The Annual Expenditure Limitation Report (AELR) is presented on the basis of accounting prescribed by the Uniform Expenditure Reporting System (UERS), as required by Arizona Revised Statutes §41-1279.07, which excludes expenditures, expenses, or deductions of certain revenues specified in the Arizona Constitution, Article IX, §20 from the total expenditures, expenses or deductions reported in the fund-based financial statements. In accordance with the UERS requirements, a note to the AELR is presented below for any exclusion claimed on Part II and each subtraction or addition in the reconciliation that cannot be traced directly to an amount reported in the fund-based financial statements. All references to financial statement amounts in the following notes refer to the Statement of Revenues, Expenditures, and Changes in Fund Balances for the Governmental Funds, Statement of Revenues, Expenses, and Changes in Fund Net Assets for the Enterprise Funds and the Statement of Cash Flows for the Enterprise Funds. NOTE 2 EXPENDITURES OF SEPARATE LEGAL ENTITIES ESTABLISHED UNDER ARS The exclusion claimed for expenditures of separate legal entities established under A.R.S. in the Governmental Funds consists of expenditures from the Eagle Mountain Debt Service Fund, Cottonwoods Special Assessment Fund and the Municipal Property Corporation Debt Service Fund. NOTE 3 DEBT SERVICE REQUIREMENTS ON BONDED INDEBTEDNESS The exclusion claimed for debt service requirements on bonded indebtedness in the Governmental Funds consist of principal retirement and interest expense. NOTE 4 AMOUNTS RECEIVED FROM STATE Amounts received from the State consist of the following: State Grants30,019$ Proposition 202138,000 168,019$ TOWN OF FOUNTAIN HILLS, ARIZONA NOTES TO ANNUAL EXPENDITURE LIMITATION REPORT JUNE 30, 2012 (6) NOTE 5 HIGHWAY USER REVENUE IN EXCESS OF 1979-80 Highway user revenues (HURF) in excess of fiscal year 1979-80 and LTAF revenues: HURF Fund Revenue1,126,762$ HURF Fund Expenditures1,022,104$ Less: In-Lieu Fees Expended(38,691) Less: 1979-80 Revenue- Amount Excluded983,413$ An independent member of Nexia International Town Council and Senior Management Town of Fountain Hills, Arizona Fountain Hills, Arizona We have audited the financial statements of the governmental activities, each major fund, and the aggregate remaining fund information of the Town of Fountain Hills, Arizona (Town) for the year ended June 30, 2012, and have issued our report thereon dated October 18, 2012. Professional standards require that we provide you with the following information related to our audit. Our responsibility under U.S. Generally Accepted Auditing Standards As stated in our engagement letter dated May 24, 2012, our responsibility, as described by professional standards, is to express opinions about whether the financial statements prepared by management with your oversight are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles. Our audit of the financial statements does not relieve you or management of your responsibilities. 1. Our responsibility is to plan and perform the audit to obtain reasonable, but not absolute, assurance that the financial statements are free of material misstatement. 2. We are responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process. However, we are not required to design procedures specifically to identify such matters. 3. We are also responsible for reporting on your Annual Expenditure Limitation Report, the use of Highway User Revenues and the use of LTAF II funds. Planned scope and timing of the audit We performed the audit according to the planned scope and timing previously communicated to you in our meeting about planning matters on September 6, 2012. Significant audit findings Qualitative aspects of accounting practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by the Town are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during the fiscal year ended June 30, 2012. We noted no transactions entered into by the governmental unit during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Town Council and Senior Management Town of Fountain Hills, Arizona Page 2 of 5 Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: Management’s estimate of the estimated useful lives and remaining useful lives of capital assets was based on prior experience and the condition of the assets. We evaluated the key factors and assumptions used to develop the estimated useful lives and remaining useful lives in determining that they are reasonable in relation to the financial statements taken as a whole. Management’s estimate of the current and long-term portion of compensated absences is based on vested leave time accrued through June 30, 2011 and an estimate of leave time that will vest. We evaluated the key factors and assumptions used to develop the current and long-term liability in determining that it is reasonable in relation to the financial statements taken as a whole. Management’s estimate of the functional allocation of program revenues was based on estimated use of those resources. We evaluated the key factors and assumptions used to develop the functional allocation of program revenues in determining the reasonableness in relation to the financial statements taken as a whole. The financial statement disclosures are neutral, consistent, and clear. Difficulties encountered in performing the audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and uncorrected misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. The attached schedule summarizes uncorrected misstatements of the financial statements. Management has determined that their effects are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to each opinion unit’s financial statements taken as a whole. Disagreements with management For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditors’ report. We are pleased to report that no such disagreements arose during the course of our audit. Management representations We have requested certain representations from management that are included in the management representation letter dated October 18, 2012. Town Council and Senior Management Town of Fountain Hills, Arizona Page 3 of 5 Management consultations with other independent accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a “second opinion” on certain situations. If a consultation involves application of an accounting principle to the Town’s financial statements or a determination of the type of auditors’ opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other audit findings or issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the governmental unit’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. As part of our audit, we also issued the Annual Expenditure Limitation Report, HURF Compliance Report, and the LTAF II Report. Other information in documents containing audited financial statements Our responsibility for the supplementary information accompanying the financial statements, as described by professional standards, is to evaluate the presentation of the supplementary information in relation to the financial statements as a whole and to report on whether the supplementary information is fairly stated, in all material respects, in relation to the financial statements as a whole. With respect to the supplementary information accompanying the financial statements, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with U.S. generally accepted accounting principles, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. We have issued our report thereon dated October 18, 2012. Other information is being included in documents containing the audited financial statements and the auditors’ report thereon. Our responsibility for such other information does not extend beyond the financial information identified in our auditors’ report. We have no responsibility for determining whether such other information is properly stated and do not have an obligation to perform any procedures to corroborate other information contained in such documents. As required by professional standards, we read the other information in order to identify material inconsistencies between the audited financial statements and the other information. We did not identify any material inconsistencies between the other information and the audited financial statements. Town Council and Senior Management Town of Fountain Hills, Arizona Page 4 of 5 With respect to the required supplementary information (RSI) accompanying the financial statements, we made certain inquiries of management about the methods of preparing the RSI, including whether the RSI has been measured and presented in accordance with prescribed guidelines, whether the methods of measurement and preparation have been changed from the prior period, and whether there were any significant assumptions or interpretations underlying the measurement or presentation of the RSI. We compared the RSI for consistency with management’s responses to the foregoing inquiries, the basic financial statements, and other knowledge obtained during the audit of the basic financial statements. Because these limited procedures do not provide sufficient evidence, we did not express an opinion or provide any assurance on the RSI. Our auditors’ opinion, the audited financial statements, and the notes to financial statements should only be used in their entirety. Inclusion of the audited financial statements in a document you prepare, such as an annual report, should be done only with our prior approval and review of the document. * * * * * * This information is intended solely for the use of the Town Council and management of the Town of Fountain Hills, Arizona and is not intended to be and should not be used by anyone other than these specified parties. CliftonLarsonAllen LLP Mesa, Arizona October 18, 2012 TOWN OF FOUNTAIN HILLS, ARIZONA PASSED ADJUSTMENT JUNE 30, 2012 5 Acount DescriptionDebitCredit PJE-1 To properly record capital assets from prior year activity. Expenditures445,483 Beginning Net Assets445,483 An independent member of Nexia International Town Council and Senior Management of the Town of Fountain Hills, Arizona Fountain Hills, Arizona In planning and performing our audit of the financial statements of the governmental activities, the business- type activities, each major fund, and the aggregate remaining fund information of the Town of Fountain Hills, Arizona (Town) as of and for the year ended June 30, 2012, in accordance with auditing standards generally accepted in the United States of America, we considered the Town’s internal control over financial reporting (internal control) as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Town’s internal control. Accordingly, we do not express an opinion on the effectiveness of the Town’s internal control. Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be significant deficiencies or material weaknesses and, therefore, there can be no assurance that all such deficiencies have been identified. In addition, because of inherent limitations in internal control, including the possibility of management override of controls, misstatements due to error or fraud may occur and not be detected by such controls. However, as discussed below, we identified a deficiency in internal control that we consider to be a material weakness. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the Town’s financial statements will not be prevented, or detected and corrected on a timely basis. We consider the deficiency described as 2012-01 in the schedule of findings and responses to be a material weakness. This communication is intended solely for the information and use of management, the Town Council, and others within the organization, and is not intended to be and should not be used by anyone other than these specified parties. CliftonLarsonAllen LLP Mesa, Arizona October 18, 2012 TOWN OF FOUNTAIN HILS, ARIZONA SCHEDULE OF FINDINGS AND RESPONSES JUNE 30, 2012 2012-1 Capital Assets Condition: Donated and constructed assets acquired by the Town in prior years were not recorded in the Town’s capital assets. Context: The Town’s capital assets’ listing was understated by $445,483 in prior years. Criteria: Generally accepted accounting principles (GAAP) and internal control procedures. Cause: The Town did not have adequate internal control procedures developed or implemented to ensure all capital assets were being recorded in the year they were purchased or conveyed to the Town. Additionally, there were no procedures to perform a capital expenditure reconciliation each fiscal year to ensure assets were properly capitalized. Effect: An adjustment in the amount of $445,483 was proposed and subsequently recorded to properly record capital asset additions acquired or conveyed to the Town in prior years. Although additions did not materially affect the financial statements, the lack of adequate internal controls to ensure assets acquired or conveyed to the Town are properly capitalized is an opportunity for a material misstatement to go undetected and uncorrected. Recommendation: We recommend the Town evaluate its current year-end close-out procedures, specifically relating to the reconciliation of capital expenditures to capital asset additions to ensure assets are properly capitalized. In addition, the Town should review agreements in which an outside organization will construct or improve Town assets and convey those assets to the Town to ensure such assets are properly capitalized. Response: The Town agrees with this recommendation and will implement procedures to review their capital assets listing on an annual basis. The Town will also prepare a reconciliation of capital expenditures to capital additions to ensure assets are capitalized at year end. In addition, the Town will ensure all agreements in which an outside organization will construct or improve Town assets and convey those assets to the Town are properly reviewed at year-end to determine such assets are properly capitalized. MAG Orientation Town of Fountain Hills Dennis Smith, Executive Director Maricopa Association of Governments What are COGs and MPOs? ACCOUNTABLE TO LOCAL UNITS OF GOVERNMENT AND EFFECTIVE PARTNERS FOR STATE AND FEDERAL GOVERNMENT COUNCILS OF GOVERNMENTS Multi-service entity Deliver federal, state and local programs Planning organization Technical assistance provider Statewide planning needs to coordinate with planning activities being conducted outside of metropolitan areas (23 CFR 450.208 (A)(6)) Six COGs in Arizona METROPOLITAN PLANNING ORGANIZATIONS Establish a setting Identify and evaluate alternative transportation improvement options Prepare and maintain a Metropolitan Transportation Plan Develop a Transportation Improvement Program Involve the public Federally mandated for urban areas over 50,000 population (23 CFR 450.216) Five MPOs in Arizona Working Regionally . . . GOVERNANCE – NOT GOVERNMENT Local governments represent the greatest resource for regional planning in Arizona: Provides the local voice on planning Partners with state and federal government Offers leadership on decisions affecting local stakeholders MAG Purpose . . . From the Articles of Incorporation To provide a forum for discussion and study of regional problems of mutual interest to the governments in the Phoenix urban area. To insure through cooperation and the pooling of common resources, maximum efficiency and economy in governmental operations which will provide every citizen with the utmost value for every tax dollar. To uncover, clarify, identify and comprehensively plan for the solution of regional problems requiring multi-city, town and county cooperation. To facilitate agreements among the governmental units for specific projects or other interrelated developmental actions or for the adoption of common policies with respect to problems which are common to its members. To attain the greatest degree of intergovernmental cooperation possible in order to prepare for future growth and development of the Phoenix urban area. Regional Planning Districts Councils of Governments (COGs) Boundaries for planning defined In a Governor’s Executive Order in 1970. Regional Councils comprise primarily local elected officials. COGs are nonprofit corporations formed within the planning boundaries. Serve as overall planning agencies throughout the regions. Rural COGs assist in service delivery for the regions. Urban COGS are generally more focused on regional planning activities. Metropolitan Planning Organizations (MPOs) YMPO MAG PAG FMPO CYMPO Urbanized areas of more than 50,000 residents. Boundary includes at a minimum, the urbanized area and the contiguous geographic area(s) likely to become urbanized within 20-years. A forum for cooperative transportation decision making for the metropolitan planning area. Purpose is to ensure that the expenditure of federal transportation funds is based on a continuing, cooperative & comprehensive 3-C transportation process. Transportation Management Areas (TMAs) MAG PAG An urbanized area over 200,000 in population designated by the U.S. Secretary of Transportation. The FHWA & FTA jointly review and evaluate the transportation planning process every four years. In nonattainment or maintenance areas FHWA & FTA review to ensure air quality conformity regulations are followed. Greater authority is given to TMAs in project selection. Salt River / Pima Maricopa Indian Community Queen Creek Apache Junction Paradise Valley Scottsdale Fountain Hills Cave Creek Maricopa County Mesa Gilbert Chandler Gila River Indian Community Tempe Guadalupe Carefree PhoenixEl Mirage Surprise Peoria Goodyear Buckeye Wickenburg Maricopa County Gila Bend Avondale Tolleson Glendale Youngtown Litchfield Park Fort McDowell Yavapai Nation Pinal County Yavapai County MAG Membership Regional Council Policy Committees MAG Administration Management Committee Technical Advisory Committees Executive Committee MAG Policy Structure Federal Responsibilities Federal Maricopa Association of Governments Metropolitan Planning Organization (MPO) 1973 Water Quality Planning Agency 1974 Lead Air Quality Planning Agency 1978 Solid Waste Planning Agency 1978 Federal Law State Plan Designation of Regional Planning Organizations in Large Metropolitan Areas Governor Designates Regional Planning Organization Regional Transportation Plan (RTP) Developed by the MPO in cooperation with ADOT & transit operators. 20-year planning horizon. Fiscally constrained. Includes long-range & short-range strategies and actions that lead to the development of an integrated intermodal transportation system. In nonattainment & maintenance areas is subject to an air quality conformity analysis. Transportation Improvement Program (TIP) Developed by the MPO in cooperation with ADOT and transit operators. Covers a period of not less than 3 years. Is fiscally constrained. Includes all federally funded projects. In nonattainment areas also includes all regionally significant projects, regardless of funding source. In nonattainment & maintenance areas the TIP is subject to an air quality conformity analysis. TIP is approved by the Governor or designee. Air Quality Conformity Analysis In nonattainment areas, the Clean Air Act requires a conformity analysis for the Transportation Improvement Program and Regional Transportation Plan. Includes all regionally significant projects. No plan, program or regionally significant project can proceed unless a conformity analysis is conducted. Conformity analysis is approved by the FHWA & FTA in consultation with EPA. MAG 2012 Five Percent Plan for PM-10 May 23, 2012 Regional Council submitted plan. July 20, 2012 – EPA completeness determination stopped the sanctions clocks. February 14, 2013 – Expected EPA approval of the plan will stop the imposition of a federal implementation plan. Haboobs Happen Six Months & More Than 200 Pages to Prove to EPA the Haboob was Not Man Made State Responsibilities State Legislative Action 9-1-1 Implementation Population Estimates and Projections State Freeway Plans and Priorities Human Services Plan State Contracts Governor’s Executive Order Maricopa Association of Governments Regional Responsibilities Regional Building Codes Specifications & Details Regional Development Model Ordinances: Curfew, Graffiti Human Services Domestic Violence, Homeless Planning Video- conferencing Regional Council Maricopa Association of Governments Cooperatively Developed Funding FEDERAL AND STATE LAWS REQUIRE REGIONAL DECISIONMAKING Megapolitan 2000 Megapolitan 2050 Scenario Visual Volume-to-Capacity Ratio Importance of Transportation Arizona Department of Transportation Maricopa Association of Governments Valley Metro Rail Regional Public Transportation Authority Transportation Agencies WORKING TOGETHER Transportation Timeline Regional Cooperation Makes a Difference Future Challenges Distressed Residential Properties: March 2010 Distressed Residential Properties: September 2012 Renewing: Organizational Lifecycles Pe r f o r m a n c e Growing Aging From: Ichak Adizes, Corporate Lifecycles: How and Why Corporations Grow and Die And What to Do About It (Inglewood Cliffs, NJ: Prentice hall, 1988) Building High-Performance Organizations Organize for the Economy People working in the economy are involved in the decision making process. MAG Policy Structure greaterphoenixrising.com “The world is changing and it doesn’t wait for people to react. New patterns are taking shape and the Sun Corridor must seize the opportunities or risk being left behind.” •Capturing the opportunities is largely driven by the vision that the region has of itself. •There are two types of visions: Big picture visions or growth- state visions. The first can be transformative, while the second leads to incremental improvements. Michael Gallis Key Messages “The Sun Corridor has built a remarkable foundation for the future. The region has a lot of advantages, assets and initiatives. The challenge is to prioritize, align and link these assets and initiatives together to generate greater synergies. By putting the pieces together, they can form the framework for a leading-edge global region. Michael Gallis Key Messages 1. The big issue is to decide if the Sun Corridor wants to compete as a ‘big picture’ global region or as a more limited regional center. •It will require thinking of the region as a product in the global market place, competing on a worldwide basis. •Achieving a global vision will require a more integrated approach and regional alignment and cooperation. 2. Create a process and structure to build a more comprehensive and integrated regional vision and framework for long-term growth with a strategy for implementation. 3. The three foundation elements for the region are transportation/ infrastructure, the economy and the environment/ urbanization. These three elements must become more integrated and interactive to form the foundation for the region’s future. Michael Gallis Conclusions 0 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 2004 2005 2006 2007 2008 2009 2010 To t a l I m p o r t s F r o m M e x i c o Texas California Arizona Imports from Mexico in U.S. Dollars 2004-2010 42 Multimodal global logistics hub Congressional Budget Office March 2009 Baseline for Transportation Trust Fund Obligation Limitations (Dollar amounts in millions) $0 $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 $40,000 $45,000 $50,000 FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 FHWA Federal Aid Highways FTA Formula and Bus Grants For Additional Information Dennis Smith, MAG Executive Director (602) 254-6300 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:11/1/2012 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:BevelynJ.Bender,TownClerk;480-816-5115;bbender@fh.az.gov Council Goal: Strategic Values:Civic Responsibility C3 Solicit feedback in decision-making REQUEST TOCOUNCIL (Agenda Language):CONSIDERATION ofapprovingtheTOWN COUNCIL MEETING MINUTES from October 9 and 18,2012. Applicant:NA Applicant Contact Information: Property Location: Related Ordinance,Policy or Guiding Principle:A.R.S.§38-431.01 Staff Summary (background):The intent of approving previous meeting minutes isto ensure an accurate account of the discussion and action that took place at that meeting forarchival purposes.Approved minutes are placed on the Town's website in compliance with state law. Risk Analysis (options or alternatives with implications): Fiscal Impact (initial and ongoing costs;budget status): Budget Reference (page number): Funding Source:NA If Multiple Funds utilized,list here: Budgeted;ifNo,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s):Approve List Attachment(s):None SUGGESTED MOTION (for council use):Move to approve the consent agenda as listed Prepared by:Approved: .en Buchanan,Town ManaqeiBevelynBender,TownClerk 10/23/2012 Ken Buchanan,Town Manager 10/23/2012 Page 1of1 TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:11/1/2012 Meeting Type:Regular Session Agenda Type:Consent Submitting Department:Development Services Staff Contact Information:Randy Harrel,Town Engineer (480-816-5112 or rharrel@fh.az.gov Council Goal: Strategic Values:Not Applicable (NA)Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language):CONSIDERATIONforapproval of RESOLUTION 2012-30abandoning whateverright,title,orinteresttheTownhasinthecertainpublicutilityanddrainageeasementslocatedatthenortherly andwesterlypropertylines of Plat505-D,Block2,Lot9(16851N.SourdoughPlace)asrecordedinBook158 of Maps, Page 41,Records of Maricopa County,Arizona.EA12-07 (Taylor) Applicant:Sherry Taylor (Authorized to act as agent -Scott Theuer) Applicant Contact Information:16851 N.Sourdough Place,Fountain Hills,AZ 85268,480-244-6108 Property Location:16851 N.Sourdough Place,Fountain Hills,AZ 85268 Related Ordinance,Policy or Guiding Principle:N/A Staff Summary (background):This item on the Town Council's agenda isa proposal to abandon the public utility and drainage easements located at the westerly and northerly property lines of Plat 505-D,Block 2,Lot9 (16851 N.Sourdough Place)as shown inExhibit"A".The property owner desire the assurance that any future improvements made to the lot will not be infringed upon by the construction ofutilities. All affected utility companies have been notified of this abandonment proposal and have approved the proposed abandonment of these public utility easements. The Engineering Section has reviewed the site to ascertain any drainage issues in addition to the Town's general interest in the easement.Itis the professional opinion of the Engineering Section that there isno need for the Townto retain the drainage easement proposed to be abandoned,with the understanding that certain lotswithin this subdivision are subject to lot-to-lot drainage runoff.The property owner ofLot9is required to pass the developed flows generated by the upstream lots across their property. Risk Analysis (options or alternatives with implications):N/A Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:NA If Multiple Funds utilized,listhere:N/A Budgeted;if No,attach Budget Adjustment Form:NA Recommendation(s)by Board(s)or Commission(s):N/A Page 1of2 Staff Recommendation(s):Staff recommends approval of Resolution 2012-30. List Attachment(s):VicinityMap;Aerial Photo Map;Resolution;Exhibit"A"Map SUGGESTED MOTION (for Council use):Move to approve the abandonment of the public utility and drainage easements at Plat 505-D,Block 2,Lot 9. Director's Apprqyal: Paul Mood,.0evelb0fnent Services Director Approved:^—>. Ken Buchanan,Town Manager 10/9/2012 10/23/2012 Page2 of2 NORTH SCALE:1"=3500' TOWN OF FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT VICINITY MAP Mcdowell mountain park TOWN BOUNDARY I SALT RIVER PIMA MARICOPA INDIAN COMMUNITY DEVELOPMENT SERVICES AERIAL PHOTO MAP PLAT 505D,BLOCK 2,LOT9 16851 N.SOURDOUGH PL LEGEND: LOTLINE ROW EASEMENT - FLOODPLAiN - SUBJECT HOUSE N JH S YE 0 100'200 SCALE:1"=200' AERIAL FLIGHT DATE:10/11 RESOLUTION 2012-30 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,ABANDONING WHATEVER RIGHT,TITLE,OR INTEREST ITHASIN THE PUBLIC UTILITYAND DRAINAGE EASEMENTS AT THE WESTERLYAND NORTHERLY PROPERTYLINESOFPLAT505-D,BLOCK 2,LOT 9,FOUNTAINHILLS,ARIZONA,AS RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY,ARIZONA,RECORDED IN BOOK 158 OF MAPS,PAGE 41. WHEREAS,the Mayor and Council oftheTownofFountain Hills (the "Town Council"),asthe governing bodyofreal property locatedintheTownofFountain Hills (the "Town"),mayrequirethe dedication of public streets,sewer,water,drainage,andother utility easements or rights-of-way within any proposed subdivision;and WHEREAS,the Town Council hasthe authority toacceptorrejectoffersof dedication of private propertyby easement,deed,subdivision,plator other lawful means;and WHEREAS,all present utility companies havereceived notification oftheproposed abandonment. NOW THEREFORE,BEIT RESOLVED BYTHEMAYORAND COUNCIL OF THE TOWNOF FOUNTAIN HILLS,as follows: SECTION 1.Thatthecertainpublic utility easement,locatedattheWesterlyand Northerly propertylinesofPlat505-D,Block2Lot9,Fountain Hills,as recordedtheOfficeoftheCountyRecorderof MaricopaCounty,Arizona,Book158ofMaps,Page 41,and as more particularly describedin Exhibit A, attached heretoandincorporatedhereinby reference,are hereby declared tobe abandoned bytheTown. Certainlots within thissubdivision are subject to lot-to-lot drainage runoff.Thepropertyownerisrequiredto pass the developed flows generated by the upstream lots across theirproperty. SECTION 2.That thisResolutionis one of abandonment and disclaimer bytheTownsolelyfor the purpose ofremovinganypotentialcloudonthetitletosaidpropertyandthattheTowninnoway attempts toaffecttherightsofanyprivatepartyto oppose the abandonment or assert anyrightresulting there fromorexisting previous to any actionby the Town. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, November 1,2012. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: LindaM.Kavanagh,Mayor Bevelyn J.Bender,Town Clerk REVIEWED BY:APPROVED AS TO FORM: Ken Buchanan,Town Manager Andrew J.McGuire,Town Attorney SCALE:1"=40' DATE:10-3-12 TOWN OF FOUNTAIN HILLS EASEMENT ABANDONMENT EXHIBIT "A" PLAT 505D BLOCK 2 LOT 9 LOT 10 o o o m o "0 > 7^ TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM MeetingDate:11/1/2012 MeetingType:Regular Session Agenda Type:Consent Submitting Department:Administration Staff Contact Information:JulieGhetti,DeputyTown Manager/Finance Director Council Goal: Strategic Values:Not Applicable (NA)Not Applicable (NA) REQUESTTO COUNCIL (Agenda Language):CONSIDERATION ofapprovinganexpenditurewithTyler Technologies,Inc.intheamountof$52,827.48forthetwelvemonthperiodSeptember25,2012through September24,2013 forannualmaintenanceandsupportofthe Town's municipalenterprisefinancial software. Applicant:N/A Applicant Contact Information:N/A Property Location: Related Ordinance,Policy or Guiding Principle: Staff Summary (background):The Town purchased a new municipal enterprise software system inFY09 after issuing a Request for Proposal (RFP)from software vendors.Priorto purchasing the MUNIS system the Town supported several different software packages for each department that were not integrated with the Town's accounting software.The MUNIS program isaTyler Technology product and integrates most of the departmental activities so that the monies received are recorded directlyinto the MUNIS program providing more accountability.The annual maintenance support cost for the program is $52,827.48 and covers all program upgrades,technical support calls,program assistance and covers the period of September 2012 through September 2013.The MUNIS software program has been purchased by several cities/towns in Arizona-specifically,Maricopa,Queen Creek,Sahuarita,OroValleyforafew. Risk Analysis (options or alternatives with implications):The annual maintenance cost ensures that breakdowns or problems with the software will be resolved and updates will be provided whenever there isa program enhancement. Fiscal Impact (initial and ongoing costs;budget status):$52,827.48 BudgetReference (page number):FY12-13 Budget Document page ||§ Funding Source:General Fund If Multiple Funds utilized,list here: Budgeted;ifNo,attach Budget Adjustment Form:Yes Recommendation(s)by Board(s)or Commission(s): Staff Recommendation(s):AuthorizetheexpenditureforannualmaintenanceoftheMUNISmunicipalsoftware. List Attachment(s):Invoice #045-72272,#045-72417,#045-72418 Page1of2 (for Council use):Movetoapproveauthorizingtheexpenditureof$52,827.48toTyler Technology fortheannual maintenance costsfortheTown's municipal software through September 2013. Prepared by: NA 10/25/2012 Director's Approval: Julie Ghetti,Deputy Town Manager/Finance Director 10/25/2012 Approved:/"—"\ Keri Buchanan,Town ManaqerKeY)Buchanan,Town Manager 10/25/2012 Page2 of 2 •j» Bill To: les Remittance: Tyler Technologies,Inc. (FEIN 75-2303920) P.O.Box 203556 Dallas,TX 75320-3556 Questions: Tyler Technologies -ERP &Schools Phone:1-800-772-2260 Press 2,then 1 Fax:1-866-673-3274 Email:ar@tylertech.com Ship To-TOWN OF FOUNTAIN HILLS 'ATTN:JULIEGHETTI 16705 E.AVENUE OF THE FOUNTAIN FOUNTAIN HILLS,AZ 85268 TOWN OF FOUNTAIN HILLS ATTN:JULIE GHETTI 16705 E.AVENUE OF THE FOUNTAINS FOUNTAIN HILLS,AZ 85268 Invoice Invoice No 045-72272 Date 08/29/2012 Page 1 of 1 Customer No. 2736 OrdNo 36465 PO Number Currency USD Terms NET30 Due Date 09/28/2012 Date Description Units Rate Extended Price Contract No.:FOUNTAIN HILLS,AZ OPERATING SYSTEM DATABASE ADMINISTRATIVE SUPPORT Maintenance:Start:25/Sep/2012,End:24/Sep/2013 *******ATTFNTION ******* Please note new remittance address above and update your records accordingly Desc. Rec'd:.Y N. ORG 9,107.67 Object Y/.—NBudgeted:_—Ji •— Date:SSanaE Signature: Subtotal Sales Tax Invoice Total S$INVOICE%72272%0 /29/2012%2736% 9,107.67 9.107.67 o.oo | 9,107.67 | tyler Remittance: Tyler Technologies,Inc. (FEIN 75-2303920) P.O.Box 203556 Dallas,TX 75320-3556 Questions: Tyler Technologies -ERP &Schools Phone:1-800-772-2260 Press 2,then 1 Fax:1-866-673-3274 Email:ar@tylertech.com Invoice Bill To: technologies TOWN OF FOUNTAIN HILLS ATTN:JULIE GHETTI 16705 E.AVENUE OF THE FOUNTAINS FOUNTAIN HILLS,AZ 85268 Invoice No 045-72417 Ship To-TOWN OF FOUNTAIN HILLS "ATTN:JULIEGHETTI 16705 E.AVENUE OF THE FOUNTAINS FOUNTAIN HILLS,AZ 85268 Date 08/29/2012 Page 1 of 1 Customer No. 2736 OrdNo 36383 PO Number Currency USD Terms NET30 Due Date 09/28/2012 Date Description Units Rate Extended Price Contract No.:FOUNTAIN HILLS,AZ GUI UNLIMITED LICENSE SUPPORT Maintenance:Start:25/Sep/2012,End:24/Sep/2013 Desc: Rectt ORG PO#Pay:$SS£Z Signature: *******ATTENTION ******* Please note new remittance address above and update your records accordingly Object Project Budgeted:.—Y/N Date:. $$INV0ICE%72417%08/29/2012%2736% 2,700.00 Subtotal Sales Tax Invoice Total 2,700.00 2,700.00 267.30 1 2,967.30 | •-.• Bill To: tyler technologies Remittance: Tyler Technologies,Inc. (FEIN 75-2303920) P.O.Box 203556 Dallas,TX 75320-3556 Questions: Tyler Technologies -ERP &Schools Phone:1-800-772-2260 Press 2,then 1 Fax:1-866-673-3274 Email:-ar@tylertech.com Ship To-TOWN OF FOUNTAIN HlL 'ATTN:JULIEGHETTI 16705 E.AVENUE OF THE FOUNTA FOUNTAIN HILLS,AZ 85268 TOWN OF FOUNTAIN HILLS ATTN:JULIE GHETTI 16705 E.AVENUE OF THE FOUNTAINS FOUNTAIN HILLS,AZ 85268 Customer No. 2736 OrdNo 37112 PO Number Currency USD Invoice Invoice No 045-72418 Terms NET30 Dafe 08/29/2012 Page 1 of 2 Due Date 09/28/2012 Date Description Un its Rate Extended Price Contract No.:FOUNTAIN HILLS,AZ SUPPORT &UPDATELICENSING -PROJECT ACCOUNTING 2,083.73 2,083.73 Maintenance:Start:25/Sep/2012,End:24/Sep/2013 SUPPORT &UPDATE LICENSING -CONTRACT MANAGEMENT 1,327.80 1,327.80 Maintenance:Start:25/Sep/2012,End:24/Sep/2013 SUPPORT &UPDATE LICENSING -ACCOUNTS RECEIVABLE 2,475.01 2,475.01 Maintenance:Start:25/Sep/2012,End:24/Sep/2013 SUPPORT &UPDATE LICENSING -ANIMAL LICENSES 1,562.80 1,562.80 Maintenance:Start:25/Sep/2012,End:24/Sep/2013 SUPPORT &UPDATE LICENSING -PERMITS &CODE ENFORCEMENT 3,300.39 3,300.39 Maintenance:Start:25/Sep/2012,End:24/Sep/2013 SUPPORT &UPDATE LICENSING -TYLER CONTENT MANAGER 2,250.42 2,250.42 Maintenance:Start:25/Sep/2012,End:24/Sep/2013 SUPPORT &UPDATELICENSING -REQUISITIONS 2,250.42 2,250.42 Maintenance:Start:25/Sep/2012,End:24/Sep/2013 SUPPORT &UPDATE LICENSING -BUSINESS OBJECTS 2,170.55 2,170.55 Maintenance:Start:25/Sep/2012,End:24/Sep/2013 SUPPORT &UPDATE LICENSING -PURCHASE ORDERS 2,700.74 2,700.74 Maintenance:Start:25/Sep/2012,End:24/Sep/2013 TYLER FORM PROCESSING SUPPORT 2,500.47 2,500.47 Maintenance:Start:25/Sep/2012,End:24/Sep/2013 SUPPORT &UPDATE LICENSING -ACCTG/GL/BUDGET/AP 11,757.99 11,757.99 Maintenance:Start:25/Sep/2012,End:24/Sep/2013 SUPPORT &UPDATE LICENSING -GENERAL BILLING 1,125.21 1,125.21 Maintenance:Start:25/Sep/2012,End:24/Sep/2013 SUPPORT &UPDATE LICENSING -BUSINESS LICENSES 2,170.55 2,170.55 Maintenance:Start:25/Sep/2012,End:24/Sep/2013 SUPPORT &UPDATE LICENSING -MUNIS OFFICE 1,912.39 1,912.39 Maintenance:Start:25/Sep/2012,End:24/Sep/2013 $$ tyler Remittance: Tyler Technologies,Inc. (FEIN 75-2303920) P.O.Box 203556 Dallas,TX 75320-3556 Questions: Tyler Technologies -ERP&Schools Phone:1-800-772-2260 Press 2,then 1 Fax:1-866-673-3274 Email:ar@tylertech.com Invoice technologies Bill To-T0WN 0F FOUNTAIN HILLS ATTN:JULIE GHETTI 16705 E.AVENUE OF THE FOUNTAINS FOUNTAIN HILLS,AZ 85268 Invoice No 045-72418 Date 08/29/2012 Ship To-T0WN 0F FOUNTAIN HILLS 'ATTN:JULIEGHETTI 16705 E.AVENUE OF THE FOUNTAINS FOUNTAIN HILLS,AZ 85268 Page 2 of 2 Customer No. 2736 OrdNo 37112 PO Number Currency USD Terms NET30 Due Date 09/28/2012 Date Description Units Rate Extended Price *******ATTENTION ******* Please note new remittance address above and update your records accordingly Desc: Rec'd Y N W*T/UPl &CYQ ORG Object Project PO#Budgeted:Y/ Pey:$jrO/7S2r£f ..Date:\ Signature:Op __»_ Subtotal Sales Tax Invoice Total 39,588.47 | 1,164.04 | 4a75Z5lJ TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:11/1/2012 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:Robert Rodgers,Senior Planner (480)816-5138 rrodgers@fh.az.gov Strategic Values:Not Applicable (NA)Council Goal:Not Applicable (NA) REQUEST TO COUNCIL (Agenda Language): CONSIDERATION of RESOLUTION 2012-20,declaring as public records the Zoning Ordinance,Chapter 1,"Definitions", and Chapter 6,"Sign Regulations"..Resolution #2012-20 PUBLIC HEARING to receive comments on ORDINANCE 12-07,a text amendment to Chapter 1."Definitions",and Chapter 6."Sign Regulations"of the Zoning Ordinance of the Town of Fountain Hills.If adopted,the amendments revise large portions of the Town's regulations regarding commercial signage.CaseU Z2012-01 Ordinance #12-07 CONSIDERATION of ORDINANCE 12-07,a text amendment to Chapter 1."Definitions",and Chapter 6,"Sign Regulations"of the Zoning Ordinance of the Town of Fountain Hills.If adopted,the amendments revise large portions of the Town's regulations regarding commercial signage.Case#22012-01 Ordinance #12-07 Applicant:Town of Fountain Hills Applicant Contact Information:Bob Rodgers,Senior Planner,480-816-5138,rrodgers@fh.az.gov Property Location:Town-Wide Related Ordinance,Policy or Guiding Principle: Fountain Hills Zoning Ordinance -Chapter 1,Definitions Fountain Hills Zoning Ordinance -Chapter 6,Signs Staff Summary (background): In December of2009,the TownCouncil approved the extension of the sunset clause for A-Frame and Banner signs foran additional year.At that meeting the Council noted that compliance with the ordinance was severely lacking and requested that staff lookinto ways of educating businesses regarding what is permitted,as well as making the sign ordinance more user-friendly and potentially easier to enforce. In December of2010,theTownCouncil again reluctantly approved the extension ofthe sunset clause for A-Frame and Banner signs foran additional year. In aneffortto pursue the goalofreviewing the ordinance and making recommendations for modifications,staff helda public signage open house in June 2011.Participants atthe open house were alsoinvitedto volunteer tobeincludedin the further review process should they be interested. ASign Ordinance Review Committee was formedinJuly2011 consisting of volunteers representing the business community,citizensatlarge,staff,and members ofboththePlanning&Zoning Commission andTownCouncil.The Page 1of7 TownCouncilPublicI [earing -Signs November 1,2012 committee established the goalofreviewing the entire sign ordinance in order to make recommendations for improvements and clarifications.Particular emphasis was tobe placed on A-Frame and Banner regulations. In December 2011 the Town Council once again extended the sunset clause for A-Frame and Banner signs foran additional year.They once again stressed their displeasure that the business community was,in general,notfollowing the ordinance requirements.However,they stated that they were willingto wait for the Sign Review Committee's recommendations before changing the ordinance or increasing enforcement. The Sign Ordinance Review Committee continued to meet weekly untilApril 2012.During the months of March and April of 2012 three Open Houses were heldin order to present the committee's recommendations to the public and receive further input. What is commonly called "The Sign Ordinance"is actually just Chapter 6of the Zoning Ordinance.The section numbers listedbelow are potentiallybeing amended withthis proposal.The changes in Sections 6.03 through 6.07 are primarily typofixes,department name changes,and consistency changes that are more administrative in nature.Section 6.08 is theMEATofthe ordinance and details the "Rules"forthe various types of signage around town.This report will brieflygo through all these sections in order to allow the Town Council to see what's being proposed. In instances where the Sign Committee,the Planning &Zoning Commission,or Staff isin disagreement witha proposed change it has been noted below and the Section head highlighted in red. The sections being amended are as follows: Section 6.02 -TheDefinitions are beingmovedto Chapter 1oftheZoning Ordinance.Minor changes havebeen made to some of the definitions in order toclarifyor remove inconsistencies. Section 6.03 -Department name change to Development Services. -Add that a sliding plexi-glass face change doesn't need a permit. -Take out Section B that isa hold-over from the distant past.The town does not issue stickers for signs any more.Except for A-Frame signs. Section 6.04 -Delete Section C because itisa redundancy.The two previous sections say the same thing. Section 6.05 -Town Council recently adopted a revised penalty section into the Town Code which allows for criminal penalties in some cases of multiple and repeated code violations.This change just makes this section consistent with that. Section 6.07F -This isto make it consistent with the proposed changes to the A-Frame sign section. Section 6.07I.4 -This change is being made to make this section consistent witha new section being proposed regarding Electronic Message Signs.If the new Section 6.08.CC is not added to the ordinance,this section should not be changed. STAFF: Staff does not recommend permitting Electronic Message Signs.(See Section 6.08.CC formore details.) Section 6.07I.5 -This change makes this section consistent with the definitions of these types of signs as well as some later sections of the ordinance. Section 6.07I.9 -Deleted because itis now covered by Section 5. Section 6.07J -This section is being moved and clarifies that ALL signs don't necessarily have to be re-done. Only the signs that don't meet regulations. Section 6.07K -This section is being moved to the Non-conforming Signs section. Section 6.071V1 -This amendment isto keep this section consistent with some later sections. Section 6.07N -This section has been deleted as itis covered under the Window Signs section. Paac2of7 Town Council PublicItearing-Signs November 1,2012 Section 6.07Q -This section has been deleted as it contradicts the Non-conforming Signs section. Section 6.08 -Index Table amended toreflect the changes within the ordinance.The changes include re-numbering, includingnew sections as well as afewpreviouslymissing sections,and re-organizing theindex. Section 6.08.A.1 -Total Aggregate Sign Area This section isbeing amended to remove the 125%limitationon signage forone side ofa corner commercial building.Total aggregate signage will nowbe permitted tobe allocated as the property owner deems necessary. Section 6.08.B -A-Frame Signs Proposed changes to the A-Frame regulations are: Allow businesses which front on more than one street to have more than one A-Frame.(1 per street front) Rather than only1 sign each as itisnow. Allow A-Frame signs tobe placed within the publicright-of-waydirectlyinfrontof the business within3'of the curb.This includes A-Frame signs with attachments like balloons Delete the section that says A-Frame signs can't be used for directional purposes.(The "noarrow" clause) Remove the text area limitation since the sign's size already limits what can be onit. Note that A-Frame signs maybeout between the hours of 7:00 AM-9:00 PM. Change the sunset clause date to December 31,2013. SIGN REVIEW COMMITTEE: The signreview committee's recommendation istoallow A-Frame signs tobe out during the hours of 6:00 AM - 12:00 AM.The sign review committee also recommended that the sunset date be extended fortwo years to 2014 rather than one year. PLANNING &ZONING COMMISSION: The P&Z Commission recommends the times that A-Frame signs may be out should be between 7:00 AM-9:00 PM.The P&Z Commission recommends that the sunset date be extended for one year as has occurred for the past five years. STAFF: Staff supports the changes as recommended by the P&Z Commission.Staff feels that there has not been adequate compliance with the existing ordinance tojustifya two-year sunset extension.Staff recommends keeping the one-year extensions until there has been evidence of business community compliance with the new ordinance.Staff also,supports allowing A-Frame signs to be out between 7:00 AM-9:00 PM. Section 6.08.D -Event Banners Proposed changes tothe Banner regulations are: Allowing Grand Opening banners to be upfor30 days rather than 14. Delete Section 2toreflect actual practice.The displays generally stay upfor the duration ofthe event and are rarelytakeninattheendof each dayand brought outagainthe following morning. A clarification that the measurement ofa balloon's height isfrom the ground,notfrom the topof the sign. Allow event displays for7 days permonth rather than the current allowance of3 days (60 hours)per month. SIGN REVIEW COMMITTEE: Thesignreviewcommitteerecommendation proposes thatevent banners bepermittedtobedisplayedfor14 dayspermonth,with theadditional requirement thatsuchdisplaysmustbein 7-consecutive-day incrementsata minimum. PLANNING &ZONING COMMISSION: The Commission recommends that the event banner regulations be amended toallow event banners to be displayed 7 consecutive days per month. STAFF: Staff supports the P&Z Commission's recommended changes. Page 3 of7 TownCouncilPublicHearing-Signs November 1,2012 Section 6.08.F -Contractor Signs Allow contractors toputupa banner insteadofahardsignwhentheyare working onasite. STAFF: Staffdoesnotsupport allowing contractors toputup banners insteadofahardsignswhentheyare working on site.Staffhashadno requests from contractors forthis amendment andwebelievethatsucha change canlead tovisualclutter,especially in residential neighborhoods.Staff recommends thatthis amendment bedenied. Section 6.08.1 -Flags This section has been re-worded by the Town Attorney so that its meaning ismore clear.No changes to the actual regulations have been made. Section 6.08.J -Freestanding Signs The changes make this section consistent with the rest ofthe ordinance which was changed in2009. New Sub-Sections 7 and 8 are being added.These are sections that were previously stand-alone sections CC and EE but the review committee feels that they are variations of freestanding signs and so should be moved to this Section Jto make things simpler for new businesses lookingfor information.The contents of these sections are not changing. Section 6.08.M -Garage Sale Signs The amendments to this section are designed to make them consistent with the A-Frame regulations being proposed bypermitting these signs in the townright-of-waywithin3 feet of the curb.The section is being amended to remove theminimumsize requirement andsimply keep amaximumsize limit.The section also adds corrugated plastic as an alternative material. Section 6.08.P -Neon Signs The section is amended so that neon signs are permitted for any type of message rather than as just signs that say "OPEN"or,that have company logos. TOWN ATTORNEY: TheTownAttorney has notedthattheexisting ordinance provisionsthatallowonlyOPENorlogo signs could possibly be construed as content-based regulation.The Town Attorney recommends amending the ordinance to permitNeonSignstodisplayanylegal message,subject tothe other current window signage restrictions. STAFF: Stafffeelsthatneon signage isnotinkeepingwiththe southwestern styleof commercial development thatis encouraged through the Concept Plan Review and the Architectural Design Review standards adopted bythe town.Staff recommends that this section be amended to end the use of neon signs rather than expand their use. Section 6.08.Q -Open House Directional Signs The changes will make this section consistent withtheReal Estate Sign,theA-FrameSign,and Garage SaleSign sections ofthe ordinance by permitting these signstobe in the right-of-way within 3feetofthe curb.Also,limiting thesizeofthesignis deemed sufficientandthetext area limitation has beenremoved. The amendment also removes the spacing requirement from street corners when signs don't present a safetyhazard.However,thesignsmay still notbeclumpedalltogether. Section 6.08.R -Political &Ideological Signs These changes are being made tobringthe Town's ordinance into conformance with State law.Political Signsaregoingtobebiggerandmustnowbepermittedtobeinthepublic right-of-ways. Section 6.08.S -Projecting Signs The current ordinance effectivelyblocksmost uses of these signtypes.The proposed changes relaxthe rules and will allowfor these signs to be used more often when appropriate. Section 6.08.T -Real Estate Signs Real estate signsbytheirnatureare "portable".Thissectionis proposed tobe modified to clarify thatthey maynot be A-Frames Signs. Pa»e4of7 TownCouncilPublic I tearing-Signs November 1,2012 Section 6.08.V -Temporary Signs (Section Deleted) Thissectionisredundant.Therulesforthevarioustypesof"temporary"signsarealreadyoutlinedin other sections. Section 6.08.X -Window Signs Section amended to include neon signs as allowed. Section 6.08.AA -LodgingDistrict Signs (Section Deleted) Thissectionisdeleted.Lodgingdistrictsrequire signage justlikeothercommercialdevelopments. Restricting these areas toonlyonefreestandingsignis felt tobetoo prohibitive. Section 6.08.BB -Comprehensive Sign Plans (Section movedto6.08.Z) The change issimplya re-numbering of the section. Section 6.08.CC -Shared Monument Signs (Section moved to 6.08.J) As noted earlier,this section is proposed to be moved to 6.08.J.7 butnot changed. Section 6.08.DP -Street Addresses (Section moved to become new6.08.AA) The change issimplya re-numbering of the section. Section 6.08.EE -Subdivision Identification Signs (Section moved to 6.08.J) As noted earlier,this section is proposed tobe moved to 6.08.J.8 butnot changed. Section 6.08.FF -Sign Walkers (Section moved to become new 6.08.BB) The proposal istoallowsign walkers anydayofthe week rather thanonlyonFridaysand Saturdays as the current ordinance allows so long as they are actually standing and not seated ina chair or similar circumstance.Also,the timeofdaylimits will be removed. Section 6.08.CC -Electronic Message Signs (New Section) The current ordinance does notallow these types of signs except for use by Churches and Schools.The proposal recommends thatElectronic Message Signsalsobeallowedforcommercialand industrial uses under these listed conditions: o Electronic Message Signs must be on-site. o Electronic Message Signs maynot resemble traffic signals. oFlashingor changing textor graphics muststopat 10:00 PM oToreducenight-timeglare,after 10:00 PMthebackgroundcolorsmustbedarkerthanthetext. SIGN REVIEW COMMITTEE: The committee recommends thatElectronic Message Signs beallowedforall commercial orindustrial properties in any district. PLANNING &ZONING COMMISSION: The Commission voted to recommend that the use of Electronic Message Board signs be permitted as proposed. STAFF: Staffdoesnotsupporttheproposalto allow Electronic MessageSigns for commercial and industrial uses.Staff's objections to this type ofsignageare similar toour objections to Neon Signs,and Banners and relate tothe cumulative effects on the visual character of the town.Staff recommends that this amendment be denied. Risk Analysis (options or alternatives with implications): The proposed text amendments will generally clarify a number ofsectionsand remove some ambiguities.Portions ofthe recommended changes would allow forincreaseduseofthe public right-of-way for somesigns,allow for somenew materialssuchasneonandelectronic message boards,andincreasethelengthoftimethatbannersandother forms of temporary signage maybe displayed. Staff has provided some recommendations for amendments tothe proposal which support the proposal in general with a few modifications in an effort to provide abalancebetweenthebusiness community's needsandthedesiresofthe residents.Adopting eitherversion will significantly change thesignordinance. Page5 of 7 TownCouncilPublicHearing-Signs November 1,2012 Not adopting anytext amendments will require that the ordinance remain inits current form.This will not necessarily create anynewdifficulties.However,it has been noted that compliance with some parts oftheexisting ordinance is lacking and will therefore have tobe more strongly enforced.Additionally,some portions of the ordinance such as those relatingtopolitical signs maybe out of alignment with State or Federal guidelines and may need tobe amended in the future. Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:N/A If Multiple Fundsutilized,listhere:N/A Budgeted;ifNo,attach Budget Adjustment Form:N/A Recommendation(s)by Board(s)or Commission(s): SIGN ORDINANCE REVIEW COMMITTEE RECOMMENDATION(S): TheSign Ordinance Review Committee recommends approval of the proposed ordinance as outlined above and shown in the attached red-lined ordinance revision. PLANNING&ZONING COMMISSION RECOMMENDATION(S): ThePlanning&Zoning Commission recommends approval of the ordinance amendments as described inthisreport. Staff Recommendation(s): TOWN ATTORNEY RECOMMENDATION(S): TheTownAttorney has made a number of recommendations regarding amendments to the Sign Ordinance.The recommendations involve numerous sections throughout the chapter and relate to the legalities and organization of the ordinance rather than policy recommendations. STAFF RECOMMENDATION(S): Staff recommends approval of the proposed amended sign ordinance with the modifications recommended by staff as noted above. Staff also wishes ittobe made clear to the business community as well as the general public that upona decision regardingthisproposal,staff will be tasked withstrictlyenforcingthe ordinance in whatever formitisultimately adopted or remains. Other Recommendation(s): INTERNATIONAL SIGN ASSOCIATION: TheTownreceivedasignificantnumberof recommendations regardingthe proposed sign amendments,as well as some additional recommendations for other partsofthesign ordinance.These materials were providedtotheP&ZCommission andtotheTown Attorney fortheirreviews.Thosematerialsshouldbe considered as partofthe public recordforthis hearing.(Attached) DAKTRONICS: The town received a letter dated October 9,2012,from Daktronics,a company that builds electronic signage, in support ofpermittingElectronic Message Board signage.(Attached) CITIZENS: AnE-Mail was received from Audra Koester-Thomas outlining numerous objections to the proposed ordinance amendments.(Attached) List Attachment(s): 1.Resolution #12-20 2.Ordinance #12-07 3.Amended Zoning Ordinance Chapter 1-Definitions(Clean) 4.Amended Zoning Ordinance Chapter 1-Definitions(Red-Line) 5.Amended Zoning Ordinance Chapter 6-Signs (Clean) Paae 6 of 7 6.Amended Zoning Ordinance Chapter6 -Signs (Red-Line) 7.P&Z Commission Public Hearing Minutes of 7/12/2012 8.P&Z Commission Public Hearing Minutes of 10/11/12 (DRAFT) 9.6/26/12 Letter -International Sign Association 10.10/10/12 Letter-International Sign Association 11.10/9/12 Letter-Daktronics 12.10/11/12 E-Mail-Audra Koester-Thomas TownCouncilPublic I [earing -Signs November 1,2012 SUGGESTED MOTION (for Council use): Move to APPROVE the text amendments to Chapter 1."Definitions",and Chapter 6,"Siqn Regulations"of the Zoning Ordinance as presented withthe amendments recommended bystaff. Prepared by: (Robert (Rodger, Robert Rodgers,Senior Planner 10/23/2012 Director's Approval: Paul Mood,Development Services Director 10/23/2012 Approved: man.Town Manageruchanan,Town Manager 10/24/2012 Pa«e7ol'7 RESOLUTION NO.2012-20 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,DECLARING AS PUBLIC RECORDS THOSE CERTAIN DOCUMENTS FILED WITH THE TOWN CLERK AND ENTITLED THE "TOWN OF FOUNTAIN HILLS ZONING DEFINITIONS" AND THE "TOWN OF FOUNTAIN HILLS SIGN REGULATIONS." BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1.That certain document entitled the "Town of Fountain Hills Zoning Definitions"dated November 1,2012,of which three copies areon file inthe office of theTown Clerkandopenforpublic inspection duringnormal business hours,ishereby declared tobea publicrecord,andsaidcopiesareorderedtoremainon file withtheTownClerk. SECTION 2.That certain document entitled the "Town of Fountain HillsSign Regulations"dated November 1,2012,of which three copies areon file inthe office of theTown Clerkand open for public inspection during normal business hours,is hereby declared tobea public record,andsaid copies are ordered to remain on file withthe Town Clerk. PASSED AND ADOPTED BY the Mayor andCouncil of the Town of Fountain Hills, November 1,2012. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: Linda M.Kavanagh,Mayor Bevelyn J.Bender,TownClerk REVIEWED BY:APPROVED AS TO FORM: Kenneth W.Buchanan,Town Manager Andrew J.McGuire,Town Attorney 1810841.1 Town of Fountain Hills Staff Report Signs Zoning Ordinance - Chapter 6 The sign regulations are designed to encourage the creation of an attractive appearance throughout the town, while eliminating signs that may contribute to visual clutter. The regulations for signs have specific objectives: 1. To reflect and support the desired character and development patterns of the various zoning districts. 2. To allow for adequate and effective signs in all zoning districts while still providing reasonable limits on the magnitude and extent of the graphic communication and to keep signs from dominating the appearance of the area. 3. To distinguish between signs that require visibility from automobiles and those that are oriented to pedestrians. 4. To require design standards for location, construction, installation, and proper maintenance so that public safety and traffic safety are not compromised. The Sign Ordinance Review Committee Elected & Appointed Officials Local Businesses Cassie Hansen, Town Councilmember Shawn White, Sternfels & White, PLLC Dennis Brown, Town Councilmember Chamber of Commerce Cecil Yates, Town Councilmember Sherry Sledge, Bodyworks Gene Slechta, P&Z Commissioner Chris Pinna, CSI Printing Ronie Sells, Spike’s Treats Town Staff Joe Ohnsorg, Signtech Paul Mood, Development Services Director Margy Squires, TYH, Inc. Bob Rodgers, Senior Planner Jason Field, Chief Building Official Other Attendees Roy Jaffe, Code Enforcement Officer Bob Burns, The Times of Fountain Hills Janice Baxter, Executive Assistant Section 6.02 - Definitions are being moved to Chapter 1 Section 6.03 - Department name change to Development Services. Add that a sliding plexi-glass face change doesn’t need a permit. Remove Section B Section 6.04 - Delete Section C because it is a redundancy. Section 6.05 - This change makes this section consistent with the Town Code and talks about fines. Section 6.07F - This is to make it consistent with the proposed changes to the A-Frame section. Section 6.07I.4 - This is to make this section consistent with a new section being proposed regarding Electronic Message Signs. Section 6.07I.5 - This makes this section consistent with the definitions of these types of signs as well as some later sections of the ordinance. Section 6.07I.9 - Deleted because it is now covered by section 5. Section 6.07J - This section is being moved and clarifies that only signs that don’t meet regulations have to be re-done. . Section 6.07K - Moved to the Non-conforming Signs section. Section 6.07M - This amendment keeps this section consistent with some later sections. Section 6.07N - Deleted as it is covered under the Window Signs section. Section 6.07Q - Deleted as it contradicts the Non-conforming Signs section. Section 6.08 - Index Table amended to reflect the changes within the ordinance. Section 6.08.A.1 - Total Aggregate Sign Area Section 6.08.B - A-Frame Signs Section 6.08.D - Event Banners Section 6.08.F - Contractor Signs Section 6.08.I - Flags Section 6.08.J - Freestanding Signs Section 6.08.M - Garage Sale Signs Section 6.08.P - Neon Signs Section 6.08.Q - Open House Directional Signs Section 6.08.R - Political & Ideological Signs Section 6.08.S - Projecting Signs Section 6.08.T - Real Estate Signs Section 6.08.V - Temporary Signs (Section Deleted) Section 6.08.X - Window Signs Section 6.08.AA - Lodging District Signs (Section Deleted) Section 6.08.BB - Comprehensive Sign Plans (Section moved to 6.08.Z) Section 6.08.CC - Shared Monument Signs (Section moved to 6.08.J) Section 6.08.DD - Street Addresses (Section moved to become new 6.08.AA) Section 6.08.EE - Subdivision Identification Signs (Section moved to 6.08.J) Section 6.08.FF - Sign Walkers (Section moved to become new 6.08.BB) Section 6.08.CC - Electronic Message Signs (New Section) Recommendations P&Z Commission Recommends Approve as Presented Staff Recommends Approve as Amended 1804365.1 ORDINANCE NO. 12-07 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE, CHAPTERS 1 AND 6, RELATING TO SIGN REGULATIONS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That certain document known as the “Town of Fountain Hills Zoning Definitions” dated November 1, 2012 (the “Amended Definitions”), three copies of which are on file in the office of the Town Clerk, which document was made a public record by Resolution No. 2012- 20 of the Town of Fountain Hills, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this Ordinance. SECTION 2. The Zoning Ordinance for the Town of Fountain Hills (the “Fountain Hills Zoning Ordinance”), Chapter 1, (Introduction), Section 1.12 (Definitions), is hereby deleted in its entirety and replaced by the Amended Definitions, which shall be inserted into the Fountain Hills Zoning Ordinance, Chapter 1, as a new Section 1.12 (Definitions). SECTION 3. The Fountain Hills Zoning Ordinance, Chapter 1 (Introduction) Section 1.03 (Short Title), is hereby amended as follows: Section 1.03 Short Title This Ordinance may be cited EXTERNALLY as “The Zoning Ordinance for the Town of Fountain Hills” OR INTERNALLY AS “THIS ORDINANCE” OR “THIS ZONING ORDINANCE.” SECTION 4. That certain document known as the “Town of Fountain Hills Sign Regulations” dated November 1, 2012 (the “Sign Regulations”), three copies of which are on file in the office of the Town Clerk, which document was made a public record by Resolution No. 2012-20 of the Town of Fountain Hills, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this Ordinance. SECTION 5. The Fountain Hills Zoning Ordinance, Chapter 6, (Sign Regulations), is hereby deleted in its entirety and replaced by the Sign Regulations, which shall be inserted into the Fountain Hills Zoning Ordinance as a new Chapter 6 (Sign Regulations). SECTION 6. Any person who fails to comply with any provision of the Sign Regulations shall be subject to civil and criminal penalties as set forth in Section 6.05 therein, including civil penalties of not more than $100 base fine. Criminal penalties shall constitute a class one misdemeanor, punishable by a fine not to exceed $2,500.00 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense. 1804365.1 2 SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part of the Zoning Definitions or the Zoning Regulations adopted herein by reference is for any reason to be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 8. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, November 1, 2012. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor Bevelyn J. Bender, Town Clerk REVIEWED BY: APPROVED AS TO FORM: Kenneth W. Buchanan, Town Manager Andrew J. McGuire, Town Attorney cLeAtt TOWN OF FOUNTAIN HILLS 1756760.5 111 ZOChap I Dcfmilions ZONING DEFINITIONS NOVEMBER 1,2012 Abutting:Theconditionoftwo(2)adjoiningpropertieshavingacommonpropertylineor boundary,includingcaseswheretwo(2)ormorelotsadjoinonlya corner or comers. Access or Access Way:Theplace,means,orwaybywhich pedestrians andvehiclesshallhave safe,adequateandusableingressandegresstoapropertyor use asrequiredbythisordinance. Acre:Anareaoflandcontainingforty-threethousandfivehundredsixty(43,560)square feet. Adjacent:Nearby,notdistantorhavingacommonendpointorborder. Adjoining:Touching or bounding atapointorline. Adult Oriented Facilities:Whichshallincludethe following: A.Adult Bookstore: 1.Havingasasubstantialportion of itsstockintrade,videos,film,books, magazines andother periodicals depicting,describing,or relating to "specified sexual activities"or which arc characterized bytheir emphasis onmatterdepicting,describingorrelatingto"specifiedanatomicalareas", or 2.Having asa substantial portion ofits stock in trade,books,magazines and other periodicals,andwhichexcludesallminors from thepremisesora 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:Anenclosedbuildingoropen-airdrive-intheater: 1.Regularly usedforpresentingany film orplate negative,filmorplate positive,film ortapedesignedtobeprojectedonascreenforexhibitionor films,glassslidesor transparencies,cither innegativeorpositive form, designedforexhibitionbyprojectiononascreendepicting,describingor relatingto"specifiedsexualactivities"orcharacterizedbyanemphasison matter depicting,describing orrelatingto "specified anatomical areas";or 2.Usedforpresentingany film orplatenegative,film,orplatepositive,film ortapedesignedtobeprojectedonascreenforexhibition,orfilms,glass slidesortransparencies,cither innegativeorpositive form,designedfor exhibitionbyprojectiononascreenandwhichregularlyexcludesminors. Advertising Copy:Copythatincludes,butisnotlimitedtoinformationsuchasphone numbers, prices,announcement ofsales,businesshours,meetingtimes,individual orspecificproductor merchandise information,and directional information. 1756760.5 III ZO Chap I Definitions I Agriculture:Thetilling of thesoil,raising of crops,horticulture,viticulture,sulviculturc, including alluses customarily incidental thereto butnot including slaughterhouses,fertilizer yards,or plants forthe reduction of animal matter,orany other industrial use which is similarly objectionable because of noise,odor,smoke,dustorfumes. Airport:Any area whichisusedoris intended tobeused primarily forthetaking off and landing of aircraft,andany appurtenant areas which arcusedor intended tobeusedfor airport buildings or facilities including open spaces,taxiways and tic-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 andnot intended for general traffic circulation. Ambulatory Person:Any individual including onewhousesa cane or other ambulatory support,whois physically and mentally capable,under emergency conditions,of finding away to safety without assistance. Amendment:Inreferencetothis ordinance,achangeinthe wording orsubstance of this ordinance,oranadditionordeletionorachangeinthezonedistrict boundaries or classifications of the zoning map. Animal Hospital:Facilitiesforthecare,treatment,andboarding of animalsincludingfacilities within theterm "veterinary clinic." Antique:A product thatisoldor exchanged because of value derived,because of oldness as respects the present age,andnot simply because same isnota new product. Appeal:Anactionwhich permits anyone to arrange forahearingbeforean individual ora groupotherthantheindividualorgroupfromwhosedecisionthe appellant seeksredress,ora firstrequestforaction,dependingoncontext;Chapter2addresses the appealprocedures available to aggrieved parties. Area of Jurisdiction:TheTown of Fountain Hillsasit exists nowandasitis lawfully changed; plusany area allowedbyArizonaRevisedStatuteoutside of the corporate limitswhichpermits review bythe Town of Fountain Hills. Automotive Junk:Any vehicle missing oneormore body parts;oris incapable of operating under itsown power;oris missing any wheels;orhas missing or severely shattered glass which prohibits safe operation;orhasoneor more flattiresfora period of seventy-two (72)or more hours. Automobile Repair:All aspects of the repair of motor vehicles including,butnotlimitedto, lubrication,tune-up and preventive maintenance. Automobile Sales:An agency selling motor vehicles and providing services commonly associated with motor vehicle sales. 1756760.5 IllZOChnp I Definitions 2 Awning:An architectural projectionor shelter projecting from,or supported by,the exterior wall of abuildingandcomposed of acovering of rigidornon-rigidmaterialsand/orfabricona supportingframeworkthatmaybe cither permanentorretractable,includingsuchstructures whicharcinternallyilluminatedbyfluorescentorotherlightsources. Ballast:Theportionofasignrequiredtooperateafluorescentlamp. Banner:Atemporarysigncomposed of fabric,plastic,orotherpliablematerialonwhich advertisingcopyorgraphicsmaybedisplayed. BarorCocktailLounge:An establishment whose primary business isthe serving of alcoholic beveragestothepublicforconsumptiononthepremises. BasketballCourt:A basketball courtas defined by the National Federation State High School Association regulations. Basement:Aspaceinastructurethatispartlyorwhollybelow grade. BedandBreakfastEstablishment:A dwelling in which the occupants ofthe dwelling provide, for compensation,theshort term lodging and meals for guests,occupying not more than two(2) guestrooms,locatedwithinthesamedwelling. Billboard:Apermanentoff-premiseoutdooradvertisingsignerected,maintainedorusedfor thepurpose of commercialornon-commercialmessages. Board of Adjustment:(Sec Section 1.07). Building:Anystructureusedfor the support,shelter,housingorenclosureof persons,animals, chattelsorproperty of anykind,withtheexception of doghouses,playhousesandsimilar structures. Building,Accessory:Abuildingorstructurethatdocsnotsharealivable,enclosed connection to the mainbuilding,andthatissubordinateto,and the useofwhichiscustomarily incidental to, that of themainbuilding,structure,oruseonthesamelotorparcel. BuildingArea:Thetotal areas,takenonahorizontalplaneatthemeangradelevel,ofthe principalbuildingsandallaccessorybuildings,exclusive of uncoveredporches,terracesand steps. Building,Attached:A building whichhasatleastpart of awallin common with another building,orwhichis connected to another buildingbyaroof. Building,Detached:Abuilding,whichisseparatedfromanotherbuildingorbuildingsonthe same lot. 1756760.5 IHZOChap I Definitions Building,Height Of:Thevertical distance measured atanypointfromthe natural,pre-existing gradelevelor proposed grade,whichever is lower,tothe highest point of the structure.If the structure is located ina platted subdivision where grading wasdoneasapart of the subdivision's improvements,the building height shallbethe vertical distancemeasured atanypointfromthe finished grade as shown onthe subdivision grading plansorthe natural,pre-subdivision grade, whichever islower,tothe highest point of the structure.Ifthe structure hasa basement,where the basement floorpad grade is lower than the preexisting grade and where all exterior walls to the basement are completely back-filled tothe pre-existing grade andno ingress or egress is proposed directly from the basement tothe exterior of the building,building heightshallbe measured atany point along the pre-existing grade tothe highest point of the structure above that point.Ifthe structure is proposed asawalk-out,wherethewalk-outorlowerfloorpadgradeis lower thanthe pre-existing grade andwhere ingress and egress is proposed on only oneside of thewalk-outfloorandwheretheother non-walk-out sides of the walk-outfloorarc completely back-filledtothe pre-existing gradeandnoingressoregressisproposeddirectlyfromthenon- walk-outsides of thewalk-outfloortothe exterior of thebuilding,buildingheightabovethe walk-outlevelshallbemeasuredatanypointalongthe pre-existing gradetothehighestpointof thestructureabovethatpoint.Intheeventthatterrainproblemspreventanaccurate determination of height,theZoning Administrator shallruleastoheightandappealfromthat decision shall be totheBoard of Adjustment. Building,Principal:Abuilding,orbuildings,inwhichis conducted theprincipaluse of the lot onwhichitissituated.Inanyresidentialdistrict,any dwelling shallbedeemedtobethemain building of theloton which the same is situated. Building Footprint:Thearea of the primary structure measured from the outside walls (excludingany overhanging portions)whichincludesindoorusessuchasattachedgarage, carports,utilityroom,laundry,etc.(including coveredpatiosand breczeways whicharcan integralpart of the roof structure of the structure. Building Frontage:Thelinear measurement of an exterior building wallor structure thatfaces the public roadway. Building Permit:A permit required for erection,construction,modification,addition toor moving of any building,structure oruseinthe incorporated area of the Town of Fountain Hills asmorefully defined in Section 417 of the Uniform Building Code adopted bytheTown Council. Building Setback:The minimum distance as prescribed bythis ordinance between any property lineandthe closest point of the foundation orany supporting postorpillar of any building or structure related thereto.(Sec:Yard,front,side and rear). Business Area:Anarea designated bythe Zoning Administrator as containing a concentrated group of businesses. Business Block:A portion of a business area consisting of atleastthreelots,bounded onall sidesbya public right-of-way,alleyway oran adjacent property line. 1756760.5 111 ZOChap1Definitions Campground:Anylot,parcel,ortract of landused,designed,maintained,andintendedforrent of plotsorsitesto accommodate temporary camping by the traveling publicwithor without sanitary facilities and water,whether ornota charge ismadefortheuse of the parkandits facilities. Carport:A roof supported by pillars or cantilevers,which shelters acaror other vehicle.May cither extend froma structure (usually a house)orbe constructed separately (often to accommodate several cars). Cemetery:Landusedor intended tobeusedforthe burial of the dead,and dedicated forsuch purposes,including columbaria,crematoriums,mausoleums and mortuaries when operated in conjunction withand within the boundaries of such premises. Channel Letter:Individual letters constructed tobe applied singly intheformation of a Building Mounted Signora Freestanding Sign.Channel lettersmaybe illuminated ornon- illuminated. Church:A permanently located building commonly usedfor religious worship fully enclosed with walls,but including windows and doors,and having a structurally solidand sound roof. Clearing:The removal and disposal of all obstructions suchasfences,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,butnotincludinggrassandweeds considered tobeapotentialfirehazard. Clinic:A place forthe provision of group medical services,not involving overnight housing of patients. Clubhouse:A building,located ona golf course withnine(9)or more holes,that contains one ormore of the following facilities:proshopforthe retailing of clothing and golf accessories;the golf course's owncartrentaland maintenance facility (docs not include the golf cartsalesandthe maintenance of golf carts not owned bythe golf course);restaurant withor without alcoholic beverage service;andthe golf course's administrative office. Cluster Housing:Housesbuiltclose together withlittleyardspaceandalarge common area, rather thaneach house having alarge separate yard. Commission:The Town of Fountain Hills Planning and Zoning Commission.(Sec Section 1.06). Common Open Space:Open space usable byallthe people within a certain development and suchareais owned byallthe property owners inthat development. Community Corrections Facility:A facility,which provides lodging andmealsand,primarily, counseling,treatment,and rehabilitation to adjudicated delinquents,parolees,and individuals in pre-release(transitional)or diversionary programs from correction institutions. 1756760.5 I'llZOChap I Definitions Community Development Director:(Same as Development Services Director). Comprehensive Sign Plan:Comprehensive SignPlansare required inall commercial zoning districts for multi-tenanted buildings or shopping centers.The Comprehensive SignPlanshallbe reviewed and approved bythe Zoning Administrator or designee and conform tothesign regulations contained in Chapter 6 of this Ordinance.A "multi-tenanted building"isa 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 toandfromthesite. Condominium:Real estate,portions of which arc designated for separate ownership andthe remainder of whichis designated forcommon ownership solelybytheowners of theseparate portions.Real estate isnota condominium unless the undivided interests inthe common elements arc vested in the unit owners. Contiguous:In actual contact. Convalescent Home:(Same as nursing home). Copy:The text,graphics or message of asign. Corral:Apenor enclosure for confining animals. Council:Town Council of the Town of Fountain Hills,Arizona. County:Maricopa County,Arizona. Day Care Center:Aresidentialfacilityinwhichcarefor non-residents isprovidedforperiods of lessthan twenty-four hoursperday,formorethanfive(5)people. Density:The average number of families,persons or housing unitsperunit of land;usually density is expressed "per acre."Thus,the density of a development of 300units occupying 40 acresis7.5unitsperacre. Development Services Director:The person appointed bythe Town Manager tobethe chief land-useofficialfortheTown.Ifthereisnosuchperson designated bytheTownManager,the Town Manager is the Development ServicesDirector. Direct Illumination:An externally mounted light source thatisusedfor illuminating asign; also referred to as "exterior illumination." Disturbance:Clearing,grubbing,excavation and/or filling. Drive-in Restaurant:Any establishment where foodor beverages are dispensed andmaybe consumed onthe premises,but outside a closed building. Drive-in Theater:An open-air theater where the performance is viewed byall,orpart,of the audience from motor vehicles. 1756760.5 1'IIZOChap I Definitions 6 Dwelling:A building or portion thereof,built in accordance tothe building code adopted inthe Townor,ifbuiltpriorto incorporation,adopted by Maricopa County,designed exclusively for residential purposes,including single-family and multiple-family dwellings;butnot 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,builtin accordance tothe building code adopted inthe Townor,ifbuiltpriorto incorporation,adoptedbyMaricopaCounty,designed exclusively for occupancy byor occupied bytwo(2)ormorefamiliesliving independently of eachother.Such building(s)shallhavea connection,whichis comprised,of afull ground to roof wallanda roof structure of not less than eight (8)feetin depth. Dwelling,Single-Family:A detached building,builtin accordance tothebuilding code adopted intheTownor,ifbuiltpriortoincorporation,adoptedbyMaricopaCounty,designed exclusively for occupancy byoroccupiedbyone (1)family forresidentialpurposes. Dwelling,Two-Family:A building,builtin accordance tothe building code adopted inthe Townor,ifbuiltpriorto incorporation,adoptedbyMaricopaCounty,designed exclusively for occupancy byoroccupiedbytwo(2)familiesliving independently of eachother.Such building(s)shallhaveaconnection,whichiscomprised,of afullgroundto roof wallanda roof structure of notlessthaneight(8)feetindepth. Dwelling Unit:Abuildingorportion thereof havingrestrictedaccesstoonekitchenorarea convertibletokitchenactivities,builtinaccordancetothebuildingcodeadoptedin the Town,or ifbuiltpriortoincorporation,adoptedbyMaricopaCounty,designedexclusivelyforresidential purposes,including single-family andmulti-familydwellings;butnotincludinghotels,motels, boardingandlodginghouses,fraternityandsororityhouses,resthomesandnursinghomes,or child care nurseries. Easement:A specified areaonalotorparcel of land reserved orusedfor the location of and/or accessto,utilities,drainageorotherphysicalaccesspurposes,orfor preservation of undisturbed terrain forthe benefit of the general public. Electronic Message Center:Asignthatuses computer-generated or electronic meansto change advertising copy,messages orcolor,including signsthatflipor rotate. Elderly:A person whois sixty-five (65)years of ageor older. Erect:The word "erect"includes build,build upon,addto,alter,construct,reconstruct,move upon,orany physical operations ontheland,required fora building. Excavation:The removal of earthen material,resulting ina lowering of thegradeatthe location. 1756760.5 III ZOChap I Definitions Family:An individual,ortwo(2)ormorepersons related bybloodormarriage,oragroup of personsnotrelatedbybloodormarriage,living together asasingle housekeeping groupina dwelling unit. Farm:Anarea of notlessthantwo(2)contiguous acreswhichisusedforthe commercial production of farmcropssuchas vegetables,fruittrees,cotton,grainandothercrops,andtheir storage on the area,aswellastheraisingthereon of farmpoultryandfarm animals,suchas horses,cattle,andsheepforcommercialpurposes.Theterm"farm"includestheoperatingof suchan area for one (1)ormore of the aboveuses,includingdairyfarms,with the necessary accessoryusesfortreatingorstoringtheproduce,providedthattheoperationofanysuch accessoryuseis secondary tothat of thefarm activities,andprovidedfurtherthatthefarm activitiesdonotinclude commercial feedingor offal toswineor other animals. Fence:Anydevicebuilttoencloseaparcel of land,toseparatetwo(2)parcels of land,orto separate a parcel of landinto different use areas. Filling:Thedumpingordepositingofearthenmaterialresultingintheraisingofthegradeat that location. Flag:A fabric sheetofsquareor rectangular or triangular shape which is mounted ona pole. This includes the United States,State,flags for registered corporations and other registered entities,flagsor foreign nations,decorative flags,and flags supportingactivitiesofthe Fountain Hills Unified School District. FloorArea:Thegrosssquarefootageofa building.When considering minimum off-street parking area,floor areamayalso include theopen land needed for service tothe public as customers,patrons,clients,orpatients,includingareaoccupiedby fixtures andequipmentused for display or sale of merchandise. Fractional OwnershipInterest:A contractual rightof occupancy ina Fractional Ownership Project,whetherbymembership,agreement,share,tenancyincommon,sale,deed,license, right-to-uscagreementorotherwise,wheresuchrightisdividedintoeleven (11)ormore undivided interests,whetherornotsuch interest is coupled withanestatein real property,where apurchaser,inexchangeforconsideration,receivesarighttouseaportion of aFractional ownershipProjectforaperiodoftime less thansixmonthsduringanygivenyear. Fractional Ownership Interest shall include interests otherwise known as "Interval Ownership" or "Time Share Ownership.'" Fractional Ownership Project:Aprojectconsisting of anydwellingunit,hotel,lotorparcelin whicha purchaser receivesaFractional Ownership Interest. FrontLit Letter:Aninternallyilluminatedindividualletterorgraphiccomponent of asignthat has a translucent face. Garage,Private:Abuildingorportionthereof,usedforthe shelter orstorage of self-propelled vehicles,orownedoroperatedbythe occupants of amainbuildingwherethereisnoserviceor storage for compensation. 1756760.5 I'll ZOChap I Definitions 8 Garage,Public:Anybuilding,except onehereindefinedasa"privategarage"usedforthe storage of self-propelled vehiclesorwhereanysuchvehiclesarcequippedforoperationorkept for hire. Grade:The elevation of the land. Grade,Finished:Final elevation of the groundsurface conforming tothe approved grading plans. Grade,Natural:Elevation of the natural or undisturbed ground surface prior toany grading operation.If "naturalgrade"cannolongerbe determined,thenthegradeelevationexistingon September 20,1991,as shown onthe Town's topographical maps of thatdate,shallbeusedin lieu thereof.Ifaparcel of landisnotshownonthe September 20.1991 topographical maps, "naturalgrade"shallbeasshownona topographical mapthathasbeenboth prepared after September 20,1991 andthatis acceptable tothe Town Engineer. Grading:The process of changing gradients of landby contouring,smoothing or otherwise shaping landareas,by excavating,filling,or combination thereof. Group Home forthe Handicapped and Adult Care:A dwelling sharedby handicapped and/orelderlypeopleastheirprimaryresidenceandtheirresidentstaff,wholivetogetherasa single housekeeping unit,sharing responsibilities,meals,andrecreation.The staff providescare fortheresidents.AGroup Home fortheHandicappedandAdultCaredocsnotincludenursing homes,alcoholor other drug treatment centers,community correction facilities,shelter care facilities,orhomesforthe dcvclopmcntally disabledasregulatedby the ArizonaRevised Statutes Section 36-582. Grubbing:The elimination of rootsfromthe ground by digging orpulling. Guest:Anytransientpersonwhorentsor occupies aroomor structure forsleepingpurposes. Guest House:Living or sleeping quarters withinan accessory building forthe sole use of occupants of the premises,guests of such occupants or persons employed onthe premises.The accessory building maybe attached toor detached fromthemain building.Such quarters shall notberented,and/or otherwise usedforincome producing purposes. Guest Ranch:A building or group of buildings containing two(2)ormore guest rooms,other thana boarding house,hotel,or motel,and including outdoor recreational facilities suchas,but not limited to,horseback riding,swimming,tennis courts,shufflcboard courts,barbecue and picnic facilities,and dining facilities intended fortheuse primarily by guests of the guest ranch, butnot including barsand restaurants which cater primarily to other than guests of the guest ranch. Guest Room:Aroomdesignedfor occupancy by one (I)ormoreguestsforsleeping purposes, buthavingnocookingfacilitiesandnotincludingdormitories. 1756760.5 I'll ZOChap I Definitions HaloIllumination:Signlightingconstructedforwallorfreestandingsignsthatisdesignedso thatthelightfortheentiresign,orthelightforeachindividualcomponentofthesign,isdirected againstthesurfacebehindthesignorsigncomponent,producingahaloeffect. Handicapped:Apersonwho:(A)hasaphysicalormentalimpairmentwhichsubstantially limitsoneormoreofsuchperson'smajorlife'sactivitiessothatsuchpersonisincapableof livingindependently;(B)hasarecordofhavingsuchanimpairment;or(C)isregardedas havingsuchanimpairment.However,"handicapped"docsnotincludecurrent,illegaluseofor addictiontoacontrolledsubstanceasdefinedintheControlledSubstanceAct(21UnitedStates Code802). HazardousMaterials:Anysubstancecharacterizedasflammablesolids,corrosiveliquids, radioactivematerials,oxidizingmaterials,highlytoxicmaterials,poisonousgases,reactive materials,unstablematerials,hypcrgolicmaterialsandpyrophoricmaterialsandanysubstanceor mixtureofsubstanceswhichisanirritant,astrongsensitizerorwhichgeneratespressurethrough exposuretoheat,decompositionorothermeans. HolidayWindowDecorations:Thedecorativedisplayofholidaythemeddecorationsor windowpainting. HomeDayCareCenter:Aresidentialfacilityinwhichcarefornon-residentsisprovidedfor periodsoflessthantwenty-fourhoursperday,forfiveorlesspeople. HomeOccupation:Anyoccupationorprofessionwhichisincidentalandsubordinatetotheuse ofthedwellingunitfordwellingpurposesandwhich:(A)docsnotchangethecharacterthereof, andinconnectionwithwhichtherearcnoemployeesotherthanmembersoftheimmediate familyresidinginthedwellingunit;(B)docsnotgeneratetrafficasaresultofpatronageand/or shippingandreceivingofmaterialsbeyondfive(5)tripsperday;and(C)hasshippingand receivingtoandfromsuchoccupationonlybyavehiclecustomarilyusedforresidentialdelivery purposes. Hospital:Aplaceforthetreatmentorcareofhumanailments,whereovernightlodgingfor patientsisprovided,otherthannursinghomes. Hotel:Abuildingorgroupofbuildings,otherthanamotel,boardinghouseorlodginghouse, containingindividualguestrooms,suitesofguestrooms,anddwellingunits,andwhich furnishesservicescustomarilyprovidedbyhotels. Individual:Anyprivateindividual,tenant,lessee,owneroranycommercialentityincluding, butnotlimitedto,companies,partnerships,jointventuresorcorporations. Junk:Anyoldorscrapmetal,rope,rags,batteries,paper,trash,wood,glass,plasticand/or rubberdebris,waste,orjunkeddismantled,orwreckedautomobiles,orpartsthereof,iron,steel, andotheroldorscrapferrousornonferrousmaterial. Junkyard:Anylandorbuildingusedfortheabandonment,storage,keeping,collecting,or balingofpaper,rags,scrapmetals,otherscrapordiscardedmaterials,orfortheabandonment, 1756760.5 IIIZOChapIDefinitions10 demolition,dismantling,storage,or salvaging of automobiles or other vehicles notinrunning condition,or machinery,orparts thereof. Kennel:Any premises where morethanfour(4)dogsorcatsarebred,boarded,and/or trained. Havingonelitteruptosix(6)weeks of ageisnot considered tobea kennel. Kitchen:Anyroominabuildingordwellingunitthatisusedorintendedtobeused for cooking or the preparation of food. Landscaping:An area whichhas been improvedthrough the harmonious combination and introduction of trees,shrubs,andgroundcover,andwhichmaycontainnaturaltoppingmaterial suchasboulders,rock,stone,graniteorotherapproved material.Theareashallbedevoidofany asphalticor concrete pavement exceptfor pedestrian walkways. A."Fully-abutting"areasarethoselandscapedor revegetated areas,suchasa disturbed areathatis proposed to look asifno disturbance activityhas occurred, wherenatural undisturbed areasabutoneorbothsidesofa revegetated area. B."Partially-abutting"areasarcthoselandscapedorrevegetatedareas,suchasa disturbedareathatisproposedtolookasifnodisturbanceactivityhasoccurred, wherenaturalundisturbedareasabutoneside of arevegetatedarea. C."Non-abutting"areasarcthose landscaped or revegetated areasthatarcnot intended tofully resemble thepreexistingnatural undisturbed landscaping ofthe site. Laundry,Self Service:Abuildingwithinwhichclotheswashinganddryingmachines,and clothes dry-cleaning machines,cither coin operated or attendant operated,are provided ona rentalbasisforusebyindividualsfordoingtheirownlaundryordrycleaning.Self-service laundrydocsnotinclude outdoor dryingfacilities. Letter Face:The exterior side of anindividualletterorindividualgraphic clement. Logo:Agraphicdesign representing a product,identityorservice. Lot:Asinglepieceofpropertylocatedinarecordedsubdivision,havingfrontageonpublicly dedicatedandacceptedstreetoranapprovedprivate road,whichisdescribedanddenotedas such. Lot,Corner:Alot,whichhasaninteriorangle of onehundredthirty-five (135)degreesorless atthe intersection of two(2)streetlines.Alot abutting upona curved streetis considered a comer lotifthe tangents tothecurveatthepoints of intersection of thesidelotlinesintersectat aninteriorangle of onehundred thirty-five (135)degreesorless. Lot,Interior:A lot other than a corner lot. 1756760.5 I'll ZOChap I Definitions Lot,Key:Alotadjacenttoacornerlothavingitssidelotlineincommontherearlotline of the comer lotandfrontingonthestreetwhichformsthesideboundary of thecornerlot. Lot,Through:Alot,whichhas street right-of-wayfrontageontwonon-adjoiningsides. Lot Area:The total horizontal area within the lot lines of a lot. LotCoverage:That portion ofalotor building site,which is occupied byanybuildingorother coveredstructure,exceptingpavedareas,walksandswimmingpools. LotDepth:The horizontal lengthofastraightlineconnectingthemidpointsofthefrontand rear lot lines. Lot Frontage:Thehorizontallength of thefrontlotline. Lot Line:Thelineboundingalot. LotLine,Front:In the case ofan interior lot,a line separating thelot from the street right-of- way.In thecaseofa corner lot,the narrower ofthe two lot lines adjoining a street right-of-way. LotLine,Rear:Alotline,whichisoppositeandmostdistantfromthefrontlotline.Inthe caseofalot having five (5)or more sides,therearlotlineshallbeanylot line,otherthanthe front lot line,which intersects a side ora 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. LotLine,Street Side:Thatlotlineorlinesonacornerlotadjoiningastreet right-of-way that connects the front lot line to a rear lot line. Lot Width:Forrectangularlots,lotshavingsidelotlinesnotparallel,andlotsontheoutsideof thecurveofastreet,thedistance between sidelotlines measured atthe required minimum front yardlineonalineparalleltothestreetorstreetchord;andforlotsontheinside of thecurve of a street,thedistancebetweensidelotlines measured thirty(30)feet behindthe required minimum frontyardlineonalineparalleltothestreetorstreetchord. MansardRoof:Aroofstylecomposedofacombination of asteep scmi-vcrtical plane connected toa flatter plane. Manufacturing:Thefabricatingorassembling of materialsintofinishedorpartiallyfinished productsbyhandorbytheuse of machinery. Massage Establishment:Anyestablishmenthavingitsplace of businesswhereanyperson, firm,associationorcorporationengagesinorcarriesonorpermitstobeengagedinorcarriedon anymassageactivitiesdefinedasanymethod of pressureon,frictionagainst,orstroking, 1756760.5 I II ZOChap I Definitions 12 kneading,rubbing,tapping,pounding,vibrating,orstimulating of externalsoftpartsofthebody withthehandsorwiththeaid of anymechanicalapparatusorelectricalapparatusorappliance. Master-Planned Village Salesand Information Center:Afacilitythatmeetstheadopted version of the Uniform Building Code of theTown of FountainHills,thatisusedasan information/sales facilitybythe developer of a master-planned village. Master-Planned Village:A development containing over200 contiguous acrescontainedina master subdivision platbya single developer. MobileHome:Astructure transportable inoneormoresections,includingthe plumbing, heating,air conditioning andelectricalsystems contained insuchstructurewhichmeetsthe standardsspecifiedintheNationalManufacturedHousingandSafetyStandardsAct of 1976,as amended,which erectedon site meets allof the following criteria:(A)eight(8)body feet or more in width;(B)Thirty-two (32)body feet ormorein length;(C)builtona permanent chassis; and(D)designatedtobeusedasaportablehomewithorwithoutapermanent foundation,and shall be classified asa mobile home whether ornotits wheels,rollers,skidsorother rolling equipment have been removed.For purposes of these regulations,mobile homes area special form of single-family detached dwellings andarc subject tosuch special regulations asareset forth herein andshallnotbe considered a modular or factory built building as defined inthis section. MobileHomePark:Anylot,parcelortract of land,designed,maintained,usedandintended for rent or lease of individual lots or sites to accommodate oneor more mobile homes,including allbuildings,structures,vehicles,accessorybuildings,andappurtenancestobeusedorintended asequipmentasatrailercourtpark,whetherornotachargeismadefor the use of thesiteorthe useofits facilities.Amobilehomeparkdocsnotincludelotsuponwhich unoccupied mobile homesor unoccupied travelor commercial trailersarcparkedfor display,inspection,andsale. Mobile Home Subdivision:A subdivision designedforresidentialusewheretheresidencesarc mobilehomesandstructuresconformingtotheadoptedbuildingcodesoftheTown. Mobile Structure:Amovableorportablestructurethirty-two(32)feetormorein length and eight (8)feet or more in width,constructed tobe towed onitsown chassis and designed soasto be installed withorwithoutapermanent foundation foroccupancy classification asanoffice, retailstore,airporthangar,classroom,oranyotheroccupancyclassification.Itmayincludeone ormorecomponentsthatcan be retractedfortowingpurposesandsubsequentlyexpandedfor additional capacity,ortwo(2)ormoreunitsseparately towablc,whichcanbejoinedto form a singleunit.Theremoval of thewheelsandrunninggearshallnotchangethemeaningofthis term. Modular or Factory-Built Buildings:Abuildingcomplyingwiththeadoptedbuildingcodes oftheTown which is manufactured,constructed,or fabricated off-siteandcapableof being towedtoa permanent sitetobe installed ona permanent foundation.Docsnotincludeamobile home.SuchastructuremustbecertifiedbytheOffice of ManufacturedHousingoftheState of Arizona. 1756760.5 III ZOChap I Definitions 13 Motel:Abuildingorgroup of buildingscontainingguestroomsorapartmentseach of which maintainsa separate entrance,usedprimarilyfortheaccommodation of motorists,andproviding automobile parkingspaceonthepremises. Native Vegetation:Indigenous plant materials of the Sonoran Desert. Natural:The condition of theland,vegetation,rocks,and other surface features,whichhavenot been,physicallydisturbed,changedoraddedtobyanyaction of manormachine. Nonconforming Structure:Astructurewhichwaslawfullyerectedpriortotheadoption of this ordinance but which,under this ordinance,docsnot conform withthe standards of coverage, yard spaces,height of structures or distance between structures prescribed inthe regulations for the district in which the structure is located. Nonconforming Use:Theuse of a structure orland which was lawfully established and maintained prior tothe adoption of this ordinance but which,under this ordinance,docsnot conform totheuse regulations for the district in which itis located. Nuisance:Anything,condition oruse of property,which endangers lifeor health,gives offense tothe senses,and/or obstructs the reasonable and comfortable use of other property. Nursing Home:A structure operated asa lodging houseinwhichnursing,dictaiy andother personal services arc rendered to convalescents,not including persons suffering from contagious diseases,andinwhich surgery isnot perfonned and primary treatment,suchas customarily is givenin hospitals and sanitariums,isnot provided.A convalescent homeshallbe deemed a nursing home. Nursery:A commercial operation forthe growth and sale of plants,storage of equipment for landscaping and the wholesale orretailsale of commercial gardening supplies. Office:Aroomor rooms and accessory facilities forthe managing or conducting of a business. Off-Street Loading and Unloading Space:A designated off-street space located onthe same siteasthesitefor which berthsare required for temporary parking of motor vehicles foractive loadingand unloading of merchandise or materials. Open Space:Anyparcelorarea of landorwater unimproved orimprovedandsetaside, dedicated,designated,orreservedforthepublicorprivateuseand enjoyment of ownersand occupants of land adjoining or neighboring suchopenspace. Overhead Transmission Line:Anelectricalpowerlinethatis capable of conveying sixty-nine (69)thousand or more volts of power. Pan Channel Letter:Anindividualletter of asign constructed sothatthesidesandback of the letter arc one unit. Parapet:Anextension of averticalbuildingwallabovethelineofastructuralroof. 1756760.5 l-'lI ZOChap I Definitions 14 Park:Apublicor private parcel of land developed andusedfor passive or active recreation. Parking Area:Anarea designed and constructed,andused exclusively fortheparking,storage and maneuvering of vehicles. Parking Shade Structures:Aroofed,detached,accessory structure,whichmaybelighted, withfour(4)opensides,designated orused exclusively fortheparkingand sheltering of operable motor vehicles. Parking Space:A permanently surfaced area,enclosed or unenclosed,of notlessthan nine (9) feetinwidth,andnineteen (19)feetindepth,togetherwithadrivewayconnecting the parking spacewithastreetand permitting ingressandegress of the automobile,(See Chapter 7). Pennant:Anylightweightplastic,fabricorothermaterial,whetherornotcontainingamessage of anykind,suspendedfromarope,wireorstring,usuallyina scries anddesignedtomovein thewind.Pennantsmustnotexceed 12 inchesinanydirection. Planned Unit Development:A development of five(5)ormore acres insize,inwhich flexibilitycanbepermittedinlotsize,lotwidth,lot coverage,andsetbacks,inorderto encouragemorecreativeandimaginarydesign,therebypreservingnaturalfeatures,protecting environmentally-sensitiveareasand/orprovidingusableopenspaceswithinthedevelopment. Professional Office:Any building,structure,orportionthereof,usedor intended tobe used as anofficeforalawyer,architect,engineer,surveyor,planner,optometrist,accountant,doctor, dentist,or other similar professions. Public Building:Facilitiesfor conducting publicbusinessoccupiedbyvariouspublicagencies. This includes allfederal,state,county,andtown offices and buildings. PublicHearing:A hearing heldtoreceivepublic testimony as required bylaw. Public Meeting:A meeting heldin conformance totheArizonaOpen Meeting Lawas contained in A.R.S.§38-431 ct scq. Public Utility:Privateorpublicfacilitiesfor distribution of various services,suchaswater, power,gas,communication,etc.,to the public. Recreation Facilities:Includes buildings,structures or areas builtor 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 ortravel use,which either hasitsown motive power oris mounted onor drawn by another vehicle.This includes motor homes,self-contained travel trailers,and campers. 1756760.5 I'll ZOChap I Definitions Recreational Vehicle Park:Facilities for the temporary storage,parking and maneuvering of recreational vehicles (motor homes,travel trailers,campers,etc.)with adequate roadsandstall sites,includingsanitaryandwaterfacilities.Sitelocationsarcprovidedonaday-to-daybasis. Doesnot constitute amobilehomeparkandmaynotallow mobile homes. Restaurant:An establishment whose primary business isthe serving of foodtothepublic. Retail Store:A commercial business for selling goods,services,waresor merchandise directly tothe customer,butnot including a professional office. Retaining Wall:Awallor terraced combination of walls usedtoretain earth,butnot directly supporting thewall of a building,including stacked rockand imbedded boulder walls. Revegctation:The replacement of indigenous living plant materials on areas where thenatural vegetation hasbeen removed.The areas include disturbed natural areas and man-made cutand fill slopes. Reverse Pan Channel Letter:An individual letter of asign constructed of an opaque material so that the sides and front of the letter arc one unit. Riprap Material:Material thatisa loosely composed layer of rocksand stones usedto hinder theflow of water,thereby preventing erosion. Satellite Dish Antenna:A device incorporating a reflective surface thatissolid,openmesh,or bar configured andisinthe shape of a shallow dish,cone,horn,or cornucopia.Such device shallbeusedto transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based stations.This definition is meant to include butnotbe limited towhatarc commonly referredtoas satellite earth stations,television reception-only (TVRO's),and satellite microwave antennas. School,Elementary,Junior High,High School,College,or Junior College:Publicandother 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 prescribedbytheStateBoardofEducationortheStateBoard of Regents. School,Nursery:Aschoolortheuse of a site ora portion of asiteforan organized program devotedtothe education orday care of five (5)ormorechildren of elementary schoolageor younger,other than those residents onthe site.This includes day care centers. School,Private or Parochial:An institution conducting regular academic instruction at kindergarten,elementary,secondary,andtertiarylevels operated bya nongovernmental organization. School,Trade:Schools offeringinstructioninthetechnical,commercial ortradeskills,suchas realestateschools,businesscolleges,electronic schools,automotive andaircrafttechnician schools and similar commercial establishments operated bya nongovernmental organization. 1756760.5 111 ZOChap I Definitions 16 Service Station:An occupancy engaged intheretailsales of gasoline,oil,tires,batteries,and new accessories and which provides forthe servicing of motor vehicles and operations incidental thereto,including:automobile washing,waxing and polishing,tire changing and repairing,but not including recapping.Mayalso include battery service,radiator cleaning,flushing andrepair, installation of minor accessories,lubrication of motor vehicles,rental of utility trailers,testing, adjustment and replacement of motorpartsand accessories. Shelter Care:Short term residential care facilities providing lodging ona temporary basis, meals and counseling to individuals and groups suchas,butnot 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 forthe siteonwhichitisbuilt,functioning asaunit,with off-street parking,landscaped areasand pedestrian mallsorplazas provided onthe property asanintegralpart of theunit. Sign:Anyvisualelement,or combination of elements,includingwordsorsymbols,designedor placedtoattractattentionorconveyinformation,includinganydevice providing identification, advertising or directional information fora specific business,service,product,person, organization,place,or building,including graphic devices suchaslogos,obtrusive colored facia or architectural elements,banners,balloons,streamers,inflatable structures,exterior merchandise displays,projected picturesigns,holographic projection signsandother attention attracting media and devices. Sign,Abandoned:Asignthatisnolonger associated withthe location,product or activity conducted onthe premises on which thesignis located. Sign,Advertising:Asignwhich includes anycopy and/or graphics relating toany business, service,product,person,organization,place,or building in addition to simple identification. Sign,A-Frame:A temporary sign normally supported byitsownframeina manner that usually formsan "A"when inuse;also referred toasa "sandwich"or "tent"sign. Sign,Animated:Asignwithactual motion,including light changes or color changes,orthe illusion of motion. Sign,Awning:Asign displayed on,or attached flat against,the surface or surfaces of an awning orany other surface attached toa building that provides shelter. Sign,Bench:Asign painted onor affixed toa bench. Sign,Building Mounted:Anysignmountedontotheverticalsurface of abuilding;secalso WallSign. Sign,Cabinet:Aframe constructed toholdinternal components andcoveredbyafacetohold the advertising sign. 1756760.5 I-11 ZOChap 1Definitions 17 Sign,Canopy:Sec definition of Awning Sign. Sign,Changeable Copy:Asign constructed tohold individual lettersor individual text sections thatarc mounted inoronatrack system.Changeable Copy Signs arc usually usedas Directory Signs. Sign,Directional:Asign,supplying pertinentdirectional infonnation for the purpose of promoting safety andtheflow of vehicular or pedestrian traffic. Example of Dirccuonal Signs: i i n i ii Sign,Directory:Asignlistingthenamesand/oruses,and/or locations of the varioustenantsor activitieswithinabuilding,orina multi-tenant development,orgroup of buildings.Directory Signsmay be constructed as Changeable Copy Signs. Sign,Fascia:Asignthatis permanently affixed tothe horizontal member or surface attheedge of a projecting roof. Example Fascia Sign ^:-j??i arc Sign,Flashing:Asignwithanintermittent,repetitiveorflashinglightsource. Sign,Freestanding:Asignthathasitsownsupportingstructureindependent of the buildingor business it identifies. Sign,FuelPrice:Asign displaying the pricc(s)of fuelataservicestation. Sign,Ground Mounted:A Freestanding Signwithnovisiblebase. Sign,Identification:Asignthat contains onlythename of the business,person,organization, place,or building atthat location. 1756760.5 111 ZOChap I Definitions I 8 Sign,Ideological:Asignthat expresses,conveys,or advocates a non-commercial message. Sign.Illuminated:A sign,thatis lighted,cither externally orinternally. Sign,Internally Illuminated:Asign constructed withalightsourcebehindtheface of thesign. Sign,Mansard:Asign permanently affixedtoawallor surface notmorethan20degreesfrom vertical atthe upper edge of a building and running parallel withthe mansard roof lineor parapet upon which thesignis attached.Anysign proposed fora building witha Mansard Roof shall have the top of thesign mounted no higher thanthelowestpoint of anyportion of the rooflinc. Mansard R)of Ed's Eats Sign,Menu Board:A changeable sign orientated tothe drive-through lanefora business that advertises themenuitemsor services available fromthe drive-through window. Sign,Mobile:See Portable Sign. Sign,Monument:A Ground Mounted Freestanding Sign identifying a subdivision or multiple- occupancy development suchasa shopping center,officer building or planned industrial park, whichhasmultiplesuites,offices ortenants.A Monument Signshall be apartofthesignage regulated bya Comprehensive SignPlan. Example Monument Sign 1756760.5 I'll ZOChap I Definitions Freestanding Monument Signs 22 M 3 O* cr S 6 cT 5? SIGN SIGN si';n SIGN SIGN SIGN SIGN SIGN SIGN SIGN SIGN SIGN SIGN SIGN Height x 0.6 Height *0• Maximum Width Sign,Multi-Tenant Building Identification:Asignforabuildingcomplexorcenterthat containsanynumber of businesses,greaterthanone.thatsharethesamesiteandusecommon points of ingressandegresstoandfromthesite. Sign,Neon:Anysignthatusesneon,argonorany similar gasto illuminate transparent or translucent tubingor other materials,oranyuse of neon,argonorany similar gaslightingonor near the exterior of a building or window. Sign,Off-Premise Directional:A portable sign containing directional information toa destination withinthe Town's municipal boundary,whichmayonlybelocatedin specified areas of Townroad rights-of-way during specified times. Sign,Open House Directional:A temporary signwith directional arrow,directing pedestrian or vehicular traveltothe property orpremisefor sale,leaseorrent. Sign,Parapet:Asign mounted totheface of a building parapet. Sign,Pole Mounted:A Freestanding Sign constructed witha support structure thatismorethan 10%of the heightofthetotalsignand less than90%of thewidth of thesign.Thesignsupport structure shallbe included inthesignarea computation. Sign,Political:Asignthat identifies a person,expresses a position,conveys amessage concerning,or advocates a position on.the candidacy of a person,partyorissueonan upcoming ballot. Sign,Portable:Anysignnot permanently attached tothegroundor other permanent structure, orasign designed tobe transported,including,butnot limited to.signs designed tobe transported by means of persons or wheels;signs converted to A-frames:menuand sandwich board signs;balloons used as signs;umbrellas for advertising;and signs attached toor painted on vehicles. Example of Portable Sign Sign,Projecting:Asignthat extends froma building wallovera property lineor right-of-way line. Sign,Pylon:Sec Pole Sign. Sign,Real Estate:A sign,attachedtothe site,advertising the sale,leaseorrental of the property or premises on which itis located. 1756760.5 I'll ZOChap I Definitions 20 Sign,Roof:Asign affixed on,above orover the roof of abuildingsothatitprojectsabovethe rooflinc.The top of aparapetwallshallbeconsideredthe rooflinc.Theverticalportion of a Mansard Roof shall be considered therooflinc.The top of thefacia of ahipped roof shallbe considered therooflinc.Whereaparapetwalliscombinedwithamansardroof,the rooflinc shall be thetop of the parapet. Sign,Sandwich:Aportablesign;one,whichisnot permanently affixedtoastructureor permanently ground-mounted.Foranexample,sec Chapter 6. Sign,Shared Monument:Amonumentsign displaying (A)thenames of participating business withinasigndistrictor(B)the names of businessesonpropertyownedbytheholdcr(s)ofa shared monument sign permit. Sign,Temporary:Asign intended to display cither commercial or non-commercial messages of a transitory or temporary nature.Portable signs,anysignnot permanently embedded inthe ground,orsigns affixed toa building,wall,fence,orsign structure fora non-permanent time period,arc considered temporary signs.A banner,pennant,poster,balloon,construction sign, political signoran A-framc signshallbe considered a temporary sign. Sign,Tent:A temporary sign normally supported byitsownframeina manner that usually formsan "A"wheninuse;also referred toasa "sandwich"or"A-framc"1sign. Sign,Under-Canopy:Asign attached tothe underside of a canopy,marquee,cantilcvcrcd roof or cave orany other surface having an angle plusor minus fifteen (15)degrees from perpendicular toa horizontal overhead structure. Sign,Wall:Asignwhichisfastenedtoanyverticalportion of a building;see also Building Mounted Sign. Sign,Wall-Mounted:Asign,whichis fastened toany vertical portion of a building. Sign,Window:Any sign,pictures,symbols or combination thereof,designed to communicate information about an activity,business,commodity,event,saleor service thatis affixed to,or located within anyareasix(6)feet behind a window pane,positioned tobereadfromthe exterior of a building. Sign District:Agroup of businesses withinabusinessblock,organized forthepurpose of designing andinstallingnomorethantwosharedmonumentsignstobelocatedwithinthe business block. Sign District Agreement:An agreement between prospective sign district members andthe businessblockproperty owncr(s)inwhichtheshared monument signwillbeerected,containing the name of each business andits owncr(s)and the business address and telephone number,and evidencing thatthesigndistrictmembershaveagreedtothefollowing: A.The placement of thesharedmonumentsignwithinthebusinessblock; 1756760.5 I'll ZOChap 1Definitions 21 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 inthe event that the sign district is dissolved. Sign District Members:Business owners withinasigndistrict. Sign Face:Thearea enclosing thecopyand graphic components of asign. Sign Walker:A person,who wears,holdsor balances a portable sign. Significantly Altered Lot:Aresidentiallot,uponwhich new construction is occurring on the lot resulting in: A.Greater than50%of the lot's yardareabeing 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.Lessthan completely andopaquelycovered:(1)humangenitals,pubicregion;(2) buttock;and(3)breast below apoint immediately above thetop of the areola. B.Human male genitalsina discernible turgidstate,even if completely and opaquely covered. Specified Sexual Activities: A.Human genitals inastate of sexual stimulation or arousal. B.Acts of human masturbation,sexual intercourse,or sodomy. C.Fondling or other erotic touching of human genitals,pubicregion,buttocks,or breasts. Stable:A detached accessory structure including,butnot limited to.acorralor paddock for the keeping of oneor more horses owned bythe occupants of the premises and which arcnot kept for remuneration,hire or sale. Stable,Commercial:A structure including,butnotlimitedto,acorralor paddock forthe keeping of horses for remuneration,hireorsale. Store:Abuildingwhere manufactured or ready-made itemscanbepurchased. 1756760.5 l;lI ZOChap I Definitions 22 Story:Thatportion of abuildingincluded between the surface of anyfloorandthefinished ceilingnextaboveitorthefinishedundcrsurfaccof the roofdirectly over theparticularfloor. Street:Aright-of-waythatprovides the principalvehicularandpedestrianaccesstoadjacent properties. Street,Private:A street heldor controlled byan entity other thanthe Town of Fountain Hills. Street,Public:A street dedicated and accepted by the Town of Fountain Hillsforpublicuse. Street Line:The boundary line between street right-of-way and abutting property. Structure:Anything constructed or erected which requires afixed location onthe ground, including a building or mobile home,butnot including afenceorwallusedasafence. Structural Alteration:Any change inthe supporting members of a building,suchas bearing walls or partitions,columns,beams,or girders,or any complete rebuilding of the roof or exterior walls. Subdivision:Improved or unimproved landorlands divided forthe purpose of financing,sale orlease,whether immediate orfuture,intofour(4)or more lots,tractsor parcels of land,or,ifa new street is involved,anysuch property whichis divided intotwo(2)ormore lots,tractsor parcels of land,or,anysuch property,the boundaries of which have been fixedbya recorded plat,whichis divided intomorethantwo(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 inthelandis coupled withtheright of exclusive occupancy of anyunitlocatedthereon,butplats of suchprojects need notshowthe buildings orthe manner in which the buildings or airspace above the property shown ontheplat arcto be divided."Subdivision"docs not include the following: A.The sale or exchange of parcels of landtoor between adjoining property owners if such sale or exchange docsnot create additional lots. B.The partitioning of landin accordance with other statutes regulating the partitioning of landheldin common ownership. C.The leasing of apartments,offices,stores or similar space within a building or trailer park,norto mineral,oilorgasleases. Supervisory Care Home:Aresidential care institution,whichprovidesonly supervisory care services tonomorethanfour(4)ambulatory persons unrelated tothe owner of suchahome. Swale:Alowflat depression to drain off excess water. Swimming Pool:Any permanent structure,containing orintendedtocontainwatereighteen (18)inches ormorein depth and/or eight (8)feetormoreinwidthatanypoint. 1756760.5 I'll ZOChap I Definitions 23 TemporaryVehicleStorage Facility:Any land or building used forthe 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 ofany vehicle or vehicle parts may take place. Travel Trailer:Aportablestructurewithoutmotivepower,withwheelsbuiltonachassis, designed asa temporary dwelling for travel,recreation,and vacation purposes,having a body width not exceeding eight(8)feetandabody length not exceeding thirty-two (32)feet. Treatment Center:Facilities providing lodging and meals and,primarily,treatment,training or educationasapartofanalcoholismordrugaddiction program. Use:The purposeforwhicha site orstructureisarranged,designed,intended,constructed, moved,erected,altered or enlarged orfor which eithera site or structure isormay be occupied and maintained. Use,Accessory:A use whichisincidental,related,appropriate,andclearlysubordinatetothe lotorbuilding,andwhichdocsnotalterthe principal use of the lotor building. Use,Permitted:Ausewhichislistedasa"permitted use"inanygivenzonedistrict.Such use shall be allowedtobeestablishedwithinthatzonedistrict,subjectto the specific requirements of this ordinance. Use,Prohibited:Any use notspecificallypermittedorpermittedbyaspecial use permit. Use,Special:Ause,whichislistedasa"special use"inanygivenzoningdistrict.Suchuse shallrequirea"specialusepermit"inordertobeestablishedwithinthatzoningdistrict,andshall be subject toall conditions and requirements imposedbytheTownCouncilinconnectionwith the special use permit. Use,Temporary:Ause,whichislistedasa "temporary use"inanygivenzoningdistrict.Such useshallrequirea"temporaryusepermit"inorderto be establishedwithinthatzoningdistrict andshall be subject toall conditions and requirements imposedbythe staff orTownCouncil, whichever issues the permit. Usable Open Space:Space,whichcan be enjoyedby people.Thiscouldincludelandscaped plazas,grassandtrees,fountains,sittingareas,etc.,andismeanttoprovideanopengarden atmosphere.Meaningful open spacedoesnotincludeparkingareas,vacantorundevelopedlots oranyotherspace,whichdoesnot contribute to the quality of the environment. Utility Services:Service to the public of water,sevver,gas,electricity,telephone and cable television.The foregoing shallbe deemed to include attendant facilitiesand appurtenances to theabove uses,including,without limitation,stationsalongpipelines,and substations along electric transmission lines;butnot including publicutility treatment and generating plantsor offices. Variance:Sec Chapter 2,Section 2.06(B)herein. 1756760.5 HI ZO Chap 1 Definitions 24 Wall:Any device formingaphysicalbarrierwhichissoconstructedthatfiftypercent(50%)or more of the verticalsurfaceisclosedpreventingthepassage of light,airandvisionthroughsaid surface. Warehouse:Abuildingorbuildingsusedforthestorage of goods. Wholesale:The sale of goodsor materials forthepurposes of resale. Yard:Aminimumrequired open areaadjacenttoalotlinethatshall be free fromanystructure exceptas specified intheTown of Fountain Hills Zoning Ordinance. Yard,Front:Ayard,the depth of whichis the minimum required horizontal distance between thefrontlineand the frontyard setback line,whichyard extends across the fullwidth of thelot. Fora corner lot,the frontyardisthe narrower of thetwostreetsidefrontages. Yard,Rear:Ayard,the depth of whichis the minimumrequiredhorizontal distance between the rear lot line andrear-yardsetback line,whichyardextendsacross the fullwidth of thelot,not includinganyportion of arequiredstreetsideyard. Yard,Required:The minimum open spaceas specified by the regulations of this Ordinance for front,rear,side,andstreetside,as distinguished fromanyyardareainexcess of the minimum required.Sec "Building Area". Yard,Side:Ayard,the width of whichis the minimumrequiredhorizontaldistancebetween the side lotandtheside-yardsetback line,notincludinganyportion of the requiredfrontyardor required rear yard. Yard,Street Side:Anyyard,thedepth of whichis the minimumrequiredhorizontaldistance betweenthestreet side lotlineand the streetside-yardsetback line,notincludinganyportion of the required front yard. Zone:A district classification established bythis ordinance,whichlimitsor permits various and specific uses. Zoning Administrator:Thepersonappointedby the Town Manager to be the Zoning Administrator.If thereisnosuchperson designated by the Town Manager,the Town Manager is the Zoning Administrator. Zoning Clearance:The approval bythe Community Development Director of aplanthatisin conformance with TheZoningOrdinance for theTown ofFountain Hills. Zoning District:A zone area inwhichthe same zoning regulations apply throughout the district. 1756760.5 I'll ZOChap I Definitions 25 TOWN OF FOUNTAIN HILLS 1156260.5 FH ZO Chan JUQefiniiions ZONING DEFINITIONS NOVEMBER 1.2012 ;gg-a Ci^e Abutting:Thecondition of two(2)adjoiningpropertieshavingacommonpropertylineor boundary,including caseswheretwo(2)ormorelots adjoin onlya comer orcorners. Access or Access Way:Theplace,means,orwayby which pedestrians andvehiclesshallhave safe,adequate andusable ingress and egress toa property oruseas required bythis ordinance. Acre:Anarea of landcontainingforty-threethousandfivehundredsixty(43,560)squarefeet. Adjacent:Nearby,not distant or having a common endpoint or border. Adjoining:Touching or bounding atapointorline. Adult Oriented Facilities:Which shall include the following: A.Adult Bookstore: 1.Having asa substantial portion of itsstockintrade,videos,film, books,magazines and other periodicals depicting,describing,orrelatingto "specified sexual activities"or which are characterized by their emphasis on matter depicting,describing or relating to "specified anatomical areas",or 2.Having asa substantial portion of its stock intrade,books, magazines and other periodicals,and which excludes allminorsfromthe premises ora section thereof. B.Adult Live Entertainment Establishment:An establishment,which features topless femaleor 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 usedfor presenting anyfilmor plate negative,filmor plate positive,filmortape designed tobe projected onascreenfor exhibition or films,glass slides or transparencies,either in negative or positive form,designed for exhibition by projection ona screen depicting, describing or relating to "specified sexual activities"or characterized byan emphasis on matter depicting,describing or relating to"specified anatomical areas";or 2.Usedfor presenting anyfilmor plate negative,film,orplate positive,filmortapedesignedtobeprojectedonascreenforexhibition,or films,glassslidesortransparencies,eitherinnegativeorpositiveform, designed for exhibition by projection ona screen andwhichregularly excludes minors. ih Specified Sexual Activities: U56760.5 FH ZO Chan 1 Definitions 4^Human genitals ina state of sexual stimulation or—arousal. 2i Acts of human masturbation,sexual intercourse,orsodomy. $-.Fondling or other erotic touching of human genitals,pubicregion,buttocks,or breasts. E^Specified Anatomical Areas: h Less than completely and opaquely covered:(a)human genitals,pubic region;(b) buttock;and,(c)breast below a point immediately above thetop of the areola;and, 3r.Human male genitals ina discernible turgid state,even if completely and opaquely covered Advertising Copy:Copy that includes,butis not limited to information suchas phone numbers, prices,announcement of sales,business hours,meeting times,individual or specific product or merchandise infonnation.and directional information. Agriculture:The tilling of thesoil,raising of crops,horticulture,viticulture,sulviculture, including alluses customarily incidental theretobutnot including slaughterhouses,fertilizer yards, orplantsforthereduction of animalmatter,oranyotherindustrialusewhichissimilarly objectionable because of noise,odor,smoke,dustorfumes. Airport:Anyareawhichisusedorisintendedtobeusedprimarilyforthetaking off andlanding of aircraft,andany appurtenant areas which areusedor intended tobeusedfor airport buildings or facilities including openspaces,taxiways and tie-down areas,hangars,transition andclearzones, and other accessory buildings. Alley:Aright-of-way,dedicatedtopublicuse,affordingasecondarymeans of accesstoabutting propertyandnotintendedforgeneraltrafficcirculation. Ambulatory Person:Anyindividualincludingonewhousesacaneorotherambulatorysupport, whoisphysicallyandmentallycapable,underemergencyconditions,of findingawaytosafety without assistance. Amendment:In reference tothis ordinance,a change inthe wording or substance of this ordinance,oran addition or deletion ora change inthezone district boundaries or classifications of the zoning map. Animal Hospital:Facilitiesforthecare,treatment,andboardingofanimalsincluding facilities within the term "veterinary clinic." Antique:Aproductthatisoldorexchangedbecause of valuederived,becauseofoldnessas respectsthepresentage,andnotsimplybecausesameisnotanewproduct. Appeal:Anactionwhichpermits anyone toarrangeforahearingbeforean individual ora group otherthantheindividualorgroupfromwhosedecisiontheappellantseeksredress,orafirst 1156260,5 Fl-l ZO Chan 'Definitions 2 requestforaction,dependingoncontext;Chapter2addressestheappealproceduresavailableto aggrieved parties. Area of Jurisdiction:TheTown of FountainHillsasitexistsnowandasitislawfullychanged; plusanyareaallowedbyArizonaRevisedStatuteoutsideofthecorporatelimitswhichpermits review bythe Town of Fountain Hills. Automotive Junk:Anyvehiclemissingoneormorebodyparts;orisincapable of operating underitsownpower;orismissinganywheels;orhasmissingorseverelyshatteredglasswhich prohibitssafeoperation;orhasoneormoreflattiresforaperiod of seventy-two(72)ormore hours. Automobile Repair:All aspects of therepair of motor vehicles including,butnotlimitedto, 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 bv.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 bv fluorescent or other light sources. Ballast:Theportion of asign 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 isthe serving of alcoholic beveragestothe public for consumption onthe premises. Basketball Court:A basketball court as defined bythe National Federation State Fligh School Association regulations. Basement:A space ina structure thatis partly or wholly below grade. Bed and Breakfast Establishment:A dwelling in which the occupants of the dwelling provide, for compensation,theshortterm lodging andmealsforguests,occupying notmorethantwo(2) guest rooms,located within the same dwelling. Billboard:A permanent off-premise outdoor advertising sign erected,maintained orusedforthe purpose of commercial or non-commercial messages. Board of Adjustment:(See Section 1.07). I75676Q.5 JitLZQXliaqJLDcfinitions Building:Anystructureusedforthesupport,shelter,housingorenclosure of persons,animals, chattelsorproperty of anykind,withtheexception of doghouses,playhousesandsimilar structures. Building,Accessory:A building or structure that does not share a livable,enclosed connection to themain building,andthatis subordinate to,andtheuse of which is customarily incidentalto,that of themain building,structure,oruseonthesamelotorparcel. Building Area:Thetotalareas,taken ona horizontal planeatthe mean gradelevel,of the principal buildings andall accessory buildings,exclusive of uncovered porches,terraces andsteps. Building,Attached:A building which hasatleastpart of awallin common withanother building,orwhichis connected to another building byaroof. Building,Detached:A building,which is separated from another building or buildings onthe same lot. Building,Footprint:The area of the primary structure measured from the outside walls (excluding any overhanging portions)which includes indoor usessuchas attached garage, carports,utilityroom,laundry,etc.(including covered patios and breczeways which areanintegral part of the roof structure of the structure. Building,Height Of:The vertical distance measured atanypointfromthenatural,pre-existing gradelevelor proposed grade,whichever is lower,tothe highest point of thestructure.If the structure is located ina platted subdivision where grading was done asa part of the subdivision's improvements,the building heightshallbethevertical distance measured atanypointfromthe finishedgradeas shown onthe subdivisiongrading plans orthe natural,pre-subdivision grade, whichever is lower,tothe highest point of the structure.If the structure hasa basement,where the basement floorpadgradeislowerthanthe preexisting gradeandwhereall exterior wallstothe basement are completely back-filled tothe pre-existing gradeandno ingress oregressis proposed directlyfromthebasementtotheexterior of thebuilding,buildingheightshallbemeasuredatany pointalongthepre-existinggradetothehighestpoint of thestructureabovethatpoint.Ifthe structureis proposed asa walk-out,where the walk-out or lower floorpadgradeis lower thanthe pre-existinggradeandwhereingressandegressisproposedononlyoneside of thewalk-outfloor and where the other non-walk-out sides of the walk-out floor are completely back-filled tothe pre-existinggradeandnoingressoregressisproposeddirectlyfromthenon-walk-outsides of the walk-out floortothe exterior of the building,building heightabovethe walk-out levelshallbe measuredatanypointalongthepre-existinggradetothehighestpoint of thestructureabovethat point.Intheeventthatterrainproblemspreventanaccuratedetermination of height,theZoning Administrator shallruleasto height and appeal fromthat decision shallbetotheBoard of Adjustment, Building,Principal:Abuilding,orbuildings,inwhichisconductedtheprincipaluseoftheloton whichitissituated.Inanyresidentialdistrict,anydwellingshallbedeemedtobethemain building of theloton which thesameissituated. Z6Q.5 EH 7.0 CbapJUDcliniuons.. Building Footprint:The area of the primary structure measured from the outside walls (excluding anv overhanging portions)which includes indoor uses such as attached garage, carports,utility room,laundry,etc.(including covered patios and breezewavs 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 toor moving of any building,structure oruseinthe incorporated area of the Town of Fountain Hillsas morefullydefinedin Section 417 of the Uniform Building Code adopted bythe Town Council. Building Setback:Theminimumdistanceasprescribedbythisordinancebetweenanyproperty lineandtheclosestpointofthefoundationoranysupportingpostorpillarofanybuildingor structure relatedthereto.(See:Yard,front,sideandrear). Business Area:An area designated bv the Zoning Administrator as containing a concentrated group of businesses. Business Block:A_pprtion of a business area consisting of at least three lots.bounded_^n_alLsides bya public right-of-wav.alleyway or an adjacent property line. Campground:Anylot,parcel,ortract of landused,designed,maintained,and intended forrent of plotsorsitestoaccommodatetemporarycampingbythetravelingpublicwithorwithout sanitaryfacilitiesandwater,whetherornotachargeismadefortheuse of theparkandits facilities. Carport:A roof supported bypillarsor cantilevers,which shelters acarorothervehicle.May eitherextendfroma structure (usuallyahouse)orbe constructed separately (oftento accommodate several cars). Cemetery:Land used or intended tobeusedforthe burial of the dead,and dedicated forsuch purposes,including columbaria,crematoriums,mausoleums and mortuaries whenoperatedin conjunction with and within the boundaries of such premises. Channel Letter:Individual letters constructed tobe applied singly in the formation of a Building Mounted Sign or a Freestanding Sign.ChanneHetters may be illuminated or non-illuminated. Church:A permanently located building commonly usedfor religious worship fully enclosed withwalls,but including windows anddoors,andhavinga structurally solidandsoundroof. 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,butnot including grass and weeds considered tobea potential fire hazard. 125.676Q.5 liap 1 Definitions Clinic:A place forthe provision of group medical services,not involving overnight housing of patients. Clubhouse:Abuilding,locatedonagolfcoursewithnine(9)ormoreholes,thatcontainsoneor moreofthe following facilities:proshopfortheretailingofclothingandgolf accessories;thegolf course'sowncartrentaland maintenance facility (doesnotincludethe golf cartsalesandthe maintenance of golfcartsnotownedbythegolfcourse);restaurantwithorwithoutalcoholic beverageservice;andthe golf course'sadministrativeoffice. Cluster Housing:Housesbuiltclosetogetherwithlittleyardspaceandalargecommonarea, rather than each house having alarge separate yard. Commission:TheTown of Fountain Hills Planning and ZoningCommission.(SeeSection 1.06). Common Open Space:Open spaceusablebyallthepeople within a certaindevelopment and suchareaisownedbyallthe property owners inthat development. Community Corrections Facility:Afacility,whichprovideslodgingandmealsand,primarily, counseling,treatment,andrehabilitationtoadjudicateddelinquents,parolees,andindividualsin pre-release(transitional)ordiversionaryprogramsfromcorrectioninstitutions. Community Development Director:ThepersonappointedbytheTownManagertobethe Gemnwnity DevelopmentDirector.IfthereisnosuchpersondesignatedbytheTownManager, the.TownManageristhe Community Development Director-(SameasDevelopmentServices Director). Comprehensive SignPlan:ComprehensiveSignPlansarerequiredinallcommercialzoning districts for multi-tenanted buildings or shopping centers.The Comprehensive SignPlan shallbe reviewedandapprovedbvthe Zonjng_^Administrator ordesigneeandconformtothe sign regulations contained in_Chapter 6 of this Ordinance.A "multi-tenanted building"isa buUding complex or center that contains anv number of businesses^_greater than one,that share the same site,usecommonpoints of ingress,andegresstoandfromthesite. Condominium:Realestate,portions of whicharedesignatedforseparateownershipandthe remainderofwhichisdesignatedforcommonownershipsolelybytheownersoftheseparate portions.Realestateisnota condominium unlessthe undivided interests inthe common elements are vested in the unit owners. Contiguous:In actual contact. Convalescent Home:(Same as nursing home). Conv:The text,graphics or message of a sign. Corral:Apenorenclosureforconfininganimals. Council:Town Council of the Town of Fountain Hills,Arizona. 1256760.5 EfcLZOCJian 1 Definitions 6 Count}':Maricopa County,Arizona. Day Care Center:A residential facilityin which carefor non-residents is provided forperiods of lessthan twenty-four hours perday,formore than five(5)people. Density:The average number of families,persons or housing units perunit of land;usually density is expressed "per acre."Thus,the density of a development of 300 units occupying 40 acres is7.5 units per acre.The control of density is one ol-the-basie purposes of zoningr Development Services Director:The person appointed bv the Town Manager to be the chief land-use official for the Town.If there is no such person designated byjhe Town Manager,the Town Manager is the Development S_ervices_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 wherefoodor beverages are dispensed andmaybe consumed onthe premises,but outside a closed building. Drive-in Theater:An open-air theater wherethe performance is viewed byall,orpart,of the audience from motor vehicles. Dwelling:A building or portion thereof,builtin accordance tothe building code adopted inthe Townor,if built prior to incorporation,adopted by Maricopa County,designed exclusively for residential purposes,including single-family and multiple-family dwellings;butnot 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,builtin accordance tothe building code adopted inthe Townor,if builtpriorto incorporation,adopted by Maricopa County,designed exclusively for occupancybyoroccupiedbytwo(2)ormorefamilieslivingindependently of eachother.Such building(s)shallhaveaconnection,whichiscomprised,of afullgroundto roof wallandaroof structure of notlessthan eight (8)feetin depth. Dwelling,Single-Family:Adetachedbuilding,builtinaccordancetothebuildingcodeadopted intheTownor,if builtpriorto incorporation,adopted by Maricopa County,designed exclusively foroccupancybyoroccupiedbyone(1)familyforresidentialpurposes. Dwelling,Two-Family:A building,builtin accordance tothe building codeadoptedintheTown or,ifbuiltpriortoincorporation,adoptedbyMaricopaCounty,designedexclusivelyfor occupancybyoroccupiedbytwo(2)familieslivingindependentlyofeachother.Such building(s) shallhave a connection,whichiscomprised,of a fullgroundto roof wallanda roof structure of notless than eight (8)feetin depth. iitions_ DwellingUnit:Abuildingorportion thereof havingrestrictedaccesstoonekitchenorarea convertible to kitchen activities,built in accordance tothe building code adopted inthe Town,or if builtpriorto incorporation,adopted by Maricopa County,designed exclusively forresidential purposes,including single-family and multi-family dwellings;butnot including hotels,motels, boarding andlodginghouses,fraternityand sorority houses,resthomesandnursinghomes,or child care nurseries. Easement:A specified areaonalotorparcel of land reserved orusedforthe location of and/or accessto,utilities,drainage or other physical access purposes,orfor preservation of undisturbed terrain forthe benefit of the general public. Electronic Message Center:A sign that uses computer-generated or electronic means to change advertising copy,messages or color,including signsjhat flip or rotate. Elderly:Apersonwhois sixty-five-(65)years of ageorolder. Erect:The word "erect"includes build,build upon,addto,alter,construct,reconstruct,move upon,oranyphysicaloperationsontheland,requiredforabuilding. Excavation:Theremoval of earthen material,resulting ina lowering of thegradeatthelocation. Family:Anindividual,ortwo(2)ormorepersonsrelatedbybloodormarriage,oragroup of persons not related bybloodor marriage,living togetherasasingle housekeeping group ina dwelling unit. Farm:Anarea of notlessthantwo(2)contiguousacreswhichisusedforthecommercial production of farm cropssuchas vegetables,fruit trees,cotton,grainandother crops,andtheir storageonthearea,aswellastheraisingthereon of farmpoultryandfarmanimals,suchashorses, cattle,andsheepforcommercialpurposes.Theterm"farm"includestheoperatingofsuchanarea forone(1)ormoreoftheaboveuses,includingdairy farms,withthenecessaryaccessoryusesfor treatingorstoringtheproduce,providedthattheoperationofanysuchaccessoryuseissecondary tothatofthefarmactivities,andprovidedfurtherthatthefarmactivitiesdonotinclude commercialfeedingoroffaltoswineorotheranimals. Fence:Anydevicebuilttoenclosea parcel ofland,to separate two(2)parcels of land,orto separateaparcel of landintodifferentuseareas. Filling:The dumping or depositing ofearthen material resulting inthe raising ofthegradeatthat location. Flag:A fabric sheejof square or rectangular or triangularshape which is mounted ona pole.This includestheUnitedStates.State,flagsforregisteredcorporationsandother registered-entities^ flagsorforeign nations,decorative flags,andflagssupportingactivities of theFountainHills Unified School District. FloorArea:Thegrosssquare footage ofa building.When considering minimum off-street parking area,floor area may also include the open land needed for service tothe public as 1756760.5 FHZOChap I Definitions customers,patrons,clients,orpatients,including area occupied byfixturesand equipment usedfor display orsale of merchandise. Fractional Ownership Interest:A contractual right of occupancy ina Fractional Ownership Project,whether by membership,agreement,share,tenancy in common,sale,deed,license, right-to-use agreement or otherwise,wheresuchrightis divided intoeleven (11)ormore undivided interests,whether ornotsuch interest is coupled withan estate inreal property,where a purchaser,in exchange for consideration,receives arighttousea portion of a Fractional ownership Project fora period of timelessthansix months during anygivenyear. Fractional Ownership Interest shall include interests otherwise known as "Interval Ownership"or "Time Share Ownership." Fractional Ownership Project:Aprojectconsisting of anydwellingunit,hotel,lotorparcelin whicha purchaser receives a Fractional Ownership Interest. Front Lit Letter:An internally illuminated individual letterorgraphic component of asignthat has a translucent face. Garage,Private:Abuildingorportionthereof,usedfortheshelterorstorage of self-propelled vehicles,orownedoroperatedbytheoccupants of amainbuildingwherethereisnoserviceor storage for compensation. Garage,Public:Anybuilding,exceptonehereindefinedasa"privategarage"usedforthe storageofself-propelledvehiclesorwhereanysuchvehiclesareequippedforoperationorkeptfor hire. Grade:The elevation of the land. Grade,Finished:Final elevation of the ground surface conforming tothe approved grading plans. Grade,Natural:Elevation of thenaturalor undisturbed ground surface prior toanygrading operation.If "natural grade"cannolongerbe determined,thenthegradeelevation existing on September 20,1991,asshownonthe Town's topographical mapsofthatdate,shall beusedinlieu thereof.IfaparceloflandisnotshownontheSeptember20,1991 topographicalmaps,"natural grade"shallbeasshownonatopographicalmapthathasbeenbothpreparedafterSeptember20, 1991 andthatis acceptable tothe Town Engineer. Grading:The process of changing gradients oflandby contouring,smoothing or otherwise shapinglandareas,byexcavating,filling,orcombinationthereof. GroupHomefortheHandicappedand Adult Care:Adwellingsharedby handicapped and/or elderly people astheirprimary residence andtheir resident staff,wholive together asa single housekeeping unit,sharing responsibilities,meals,and recreation.Thestaff provides care for the residents.AGroupHomefortheHandicappedandAdultCaredoesnotincludenursinghomes, alcohol orotherdrug treatment centers,community correction facilities,sheltercare facilities,or 175! EH-ZQ£han_LDcfijiUions_ homes forthe developmentally disabled as regulated bythe Arizona RevisedStatutes Section 36-582. Grubbing:The elimination of rootsfromthe ground by digging orpulling. Guest:Any transient personwhorentsor occupies aroomor structure for sleeping purposes. Guest House:Living or sleeping quarters within an accessory building forthesoleuse of occupants of the premises,guests of such occupants or persons employed onthe premises.The accessory building maybe attached toor detached fromthe main building.Such quarters shallnot 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 thana boarding house,hotel,ormotel,and including outdoor recreational facilitiessuchas,butnot limitedto,horseback riding,swimming,tennis courts,shuffleboard courts,barbecue andpicnic facilities,and dining facilities intended fortheuse primarily by guests of the guest ranch,butnot including barsand restaurants which cater primarily to other thanguests of theguestranch. Guest Room:Aroom designed for occupancy by one (1)ormore guests for sleeping purposes, buthavingno cooking facilitiesandnot 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 signals directed a£ajnsUhe_surface behind thesignor sign component,producing a halo effect. Handicapped:A person who:(aA)hasa physical ormental impairment which substantially limitsoneormore of suchperson'smajorlife'sactivitiessothatsuchpersonisincapable of living independently;(bB)hasarecord of havingsuchanimpairment;or (e£)isregardedashavingsuch an impairment.However,"handicapped"doesnotincludecurrent,illegaluseoforaddictiontoa controlled substance as defined inthe Controlled Substance Act (21 United States Code 802). Hazardous Materials:Anysubstancecharacterizedasflammablesolids,corrosiveliquids, radioactive materials,oxidizing materials,highlytoxic materials,poisonous gases,reactive materials,unstable materials,hypergolic materials and pyrophoric materials andany substance or mixture of substances which isanirritant,a strong sensitizer or which generates pressure through exposuretoheat,decomposition or other means. Holiday Window Decorations:The decorative display of holiday themed decorations or window paintings HomeDayCareCenter:Aresidentialfacilityinwhichcarefornon-residentsisprovidedfor periodsoflessthantwenty-fourhoursperday,forfiveorlesspeople. Home Occupation:Anyoccupationorprofessionwhichisincidentalandsubordinatetotheuse ofthedwellingunitfordwellingpurposesandwhich:(A)doesnotchangethecharacter thereof, andinconnectionwithwhichtherearenoemployeesotherthanmembers of theimmediatefamily residing inthe dwelling unit.A homo oeei-ipation mav:(B)doesnot generate trafficasa result of H5626JL5 lflpJ-Pcfinitions 10 patronage and/orshippingandreceivingofmaterialsbeyondfive(5)tripsaperday.Shippingiand (O hasshippingandreceiving shaUtp andfromsuchoccupationonlybe-byavehiclecustomarily usedfor residential delivery purposes. Hospital:Aplaceforthetreatmentorcare of humanailments,whereovernightlodgingfor patientsis provided,other than nursing homes. Hotel:A building orgroup of buildings,other thanamotel,boarding houseorlodginghouse, containingindividualguestrooms,suites of guestrooms,anddwellingunits,andwhichfurnishes services customarily provided by hotels. Individual:Anyprivate individual,tenant,lessee,owner orany commercial entity including,but notlimitedto,companies,partnerships,joint ventures or corporations. Junk:Anyoldorscrapmetal,rope,rags,batteries,paper,trash,wood,glass,plasticand/orrubber debris,waste,or junked dismantled,orwreckedautomobiles,orpartsthereof,iron,steel,andother oldor scrap ferrous or nonferrous material. Junkyard:Anylandorbuildingusedfortheabandonment,storage,keeping,collecting,orbaling of paper,rags,scrapmetals,otherscrapordiscardedmaterials,orforthe abandonment, demolition,dismantling,storage,orsalvaging of automobilesorothervehiclesnotinrunning condition,or machinery,or parts thereof. Kennel:Anypremiseswheremorethanfour(4)dogsorcatsarebred,boarded,and/ortrained. Havingonelitteruptosix(6)weeks of ageisnotconsideredtobeakennel. Kitchen:Anyroominabuildingordwellingunit,which_that isusedorintendedtobeusedfor cooking orthe preparation of food. Landscaping:Anareawhichhasbeenimprovedthroughtheharmoniouscombinationand introduction of trees,shrubs,andgroundcover,andwhichmaycontainnaturaltoppingmaterial suchasboulders,rock,stone,graniteorotherapprovedmaterial.Theareashallbe vekldevoid of anyasphalticorconcretepavementexceptforpedestrianwalkways. A."Fully-abutting"areasarethoselandscapedorrevegetatedareas,suchasa disturbedareathatisproposedtolookas if nodisturbanceactivityhasoccurred, where natural undisturbed areas abut one or both sides of a revegetated area. B."Partially-abutting"areasarethoselandscapedorrevegetatedareas,suchasa disturbedareathatisproposedtolookasifnodisturbanceactivityhasoccurred, where natural undisturbed areas abut one side of a revegetated area. C."Non-abutting"areasarethoselandscapedorrevegetatedareasthatarenot intendedtofullyresemblethepreexistingnatural undisturbed landscapingofthe site. 115.6.760.5. FH ZD Chap 1Definitions 1 1 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 onarental basisforuseby individuals fordoingtheirown laundry ordry 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 ina recorded subdivision,having frontage on publicly dedicated and accepted street oran approved private road,which is described and denoted assuch. Lot Area:The total horizontal area within the lot lines of a lot. Lot,Corner:Alot,which hasan interior angle of one hundred thirty-five (135)degrees orlessat the intersection oftwo(2)street lines.Alot abutting upon a curved street is considered a corner lot if the tangents tothe curve atthe points of intersection of the side lot lines intersect atan interior angle of one hundred thirty-five (135)degrees or less. Lot.Interior:A lot other than a corner lot- Lot.Kev:A lot adjacent toa comer 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-wav frontage on two non-adioining sides. Lot Area:The total horizontal area within the lot lines of a lot. Lot Coverage:That portion of alotor building site,whichis occupied byany building orother coveredstructure,exceptingpavedareas,walksandswimmingpools. Lot Depth:The horizontal length of a straight line connecting the midpoints of thefrontandrear lot lines. Lot Frontage:Thehorizontallength of thefrontlotline. terior:A lot other than a corner lot. Lot,Key:Alot adjacent toa corner lot having itssidelotlinein common therearlotline of the cornerlotandfrontingonthestreetwhichformsthesideboundary of thecornerlot. Lot Line:Theline bounding alot. Lot Line,Front:Inthecase of an interior lot,aline separating the lot fromthestreet right-of-way.Inthecase of acornerlot,thenarrowerofthetwolotlinesadjoiningastreet right-of-way. MI./.0_Chap_l_IX-linitions.,_12 Lot Line,Rear:Alotline,which is opposite and most distant fromthe front lotline.Inthecase of alothavingfive(5)ormoresides,therearlotlineshallbeanylotline,other thanthefrontlot line,which intersects a side ora street sidelotlineatany angle less than one hundred thirty-five (135)degrees. Lot Line,Side:Those lot lines other than a street side lotline that connects the front and rear lot lines. Lot Line,Street Side:That lotlineorlinesona corner lot adjoining a street right-of-way that connects the front lot line to a rear lot line. Lot,Through:Alot,whichhasstreet-right of wayfrontageontwononadjoiningsides. Lot Width:Forrectangularlots,lotshavingsidelotlinesnotparallel,andlotsontheoutside of the curve of a street,the distance between side lot lines measured atthe required minimum front yardlineonalineparalleltothestreetorstreetchord;andforlotsontheinside of thecurveofa street,the distance between side lotlines measured thirty (30)feet behind the required minimum frontyardlineonalineparalleltothestreetorstreetchord. Mansard Roof:A roof stvle composed of a combination of asteep semi-vertical plane connected to a flatter plane. Manufacturing:Thefabricatingorassembling of materialsintofinishedorpartiallyfinished productsbyhandorbytheuse of machinery. Massage Establishment:Any establishment havingitsplaceof business where any person,firm, associationorcorporationengagesinorcarriesonorpermitstobeengagedinorcarriedonany massage activitiesdefinedasanymethod of pressureon,frictionagainst,orstroking,kneading, rubbing,tapping,pounding,vibrating,orstimulating of externalsoftpartsofthebodywiththe handsorwiththeaid of anymechanicalapparatusorelectricalapparatusorappliance. Master-Planned Village Salesand Information Center:Afacilitythatmeetstheadopted version of theUniformBuildingCode of theTown of FountainHills,thatisusedasan information/sales facilitybythe developer of a master-planned village. Master-PlannedVillage:A development containing over200 contiguous acres contained ina master subdivision platbyasingle developer. MobileHome:Astructuretransportableinoneormoresections,includingthe plumbing, heating,air conditioning and electrical systems contained insuch structure which meets the standards specified intheNational Manufactured Housing andSafety Standards Actof 1976,as amended,whicherectedonsitemeetsallofthefollowingcriteria:(aA)eight(8)bodyfeetormore in width;(bE)Thirty-two (32)body feet or more in length;(e£)builtona permanent chassis;and (dD)designated tobe used as a portable home withor without a permanent foundation,and shall be classified asa mobile home whether ornotits wheels,rollers,skids or other rolling equipment have been removed.For purposes ofthese regulations,mobile homes area special form of 1756760.5 rHZOChnpl Definitions 13 single-familydetacheddwellingsandaresubjecttosuchspecialregulationsasaresetforthherein andshallnotbe considered a modular orfactorybuilt building asdefinedinthissection. Mobile Home Park:Anylot,parcelortract of land,designed,maintained,usedandintendedfor rentor lease of individual lots or sites to accommodate one or more mobile homes,including all buildings,structures,vehicles,accessorybuildings,andappurtenancestobeusedorintendedas equipmentasatrailercourtpark,whetherornotachargeismadefortheuseofthesiteortheuse of itsfacilities.Amobilehomeparkdoesnotinclude lots uponwhich unoccupied mobilehomes orunoccupiedtravelorcommercialtrailersareparkedfordisplay,inspection,andsale. Mobile Home Subdivisionl A_s,ubdivision designe_cLfor residential use where the residences are mobile homes and structures conforming to the adopted building codes of the Town. Mobile Structure:Amovableorportablestructurethirty-two(32)feetormoreinlengthand eight(8)feet ormoreinwidth,constructed tobetowedonitsownchassisand designed soastobe installedwithorwithoutapermanentfoundationforoccupancyclassificationasanoffice,retail store,airporthangar,classroom,oranyotheroccupancyclassification.Itmayincludeoneormore components thatcanbe retracted fortowing purposes and subsequently expanded for additional capacity,ortwo(2)ormoreunitsseparatelytowable,whichcanbejoinedtoformasingleunit. Theremoval of thewheelsandrunninggearshallnot change the meaning of thisterm. Mobile Home Subdivision:A subdivision designed for residential usewherethe residences are mobilehomesand structures conforming tothe adopted building codes of theTown. ModularorFactory-BuiltBuildings:A building complying withthe adopted building codesof the Town whichis manufactured,constructed,or fabricated off-siteand capable of beingtowedto a permanent sitetobe installed ona permanent foundation.Does not include a mobile home.Such astructuremustbecertifiedbytheOfficeofManufacturedHousingoftheState of Arizona. Motel:A building orgroupof buildings containing guestroomsor apartments eachofwhich maintains a separate entrance,used primarily for the accommodation of motorists,and providing automobileparkingspaceonthepremises. Native Vegetation:Indigenous plantmaterials of theSonoranDesert. Natural:Thecondition of theland,vegetation,rocks,andothersurface features,whichhavenot been,physically disturbed,changed or added tobyany action of man or machine. NonconformingStructure:A structure which was lawfully erected priortothe adoption of this ordinancebutwhich,underthisordinance,doesnotconformwiththestandardsofcoverage,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 ofa structure or land which was lawfully established and maintained prior to the adoption of this ordinance but which,under this ordinance,does not conformtotheuseregulationsforthedistrictinwhichitislocated. III ZOXliap 1 Definitions 14 Nuisance:Anything,condition oruse of property,which endangers lifeorhealth,givesoffenseto thesenses,and/or obstructs the reasonable and comfortable use of other property. Nursing Home:A structure operated asa lodging houseinwhich nursing,dietaryandother personalservicesarerenderedtoconvalescents,notincludingpersonssufferingfromcontagious diseases,andinwhichsurgeryisnotperformedandprimarytreatment,suchascustomarilyis given in hospitals and sanitariums,isnot provided.A convalescent home shallbe deemed a nursing home. Nursery:A commercial operation forthe growth andsale of plants,storage of equipment for landscaping andthe wholesale orretailsale of commercial gardening supplies. Office:Aroomor rooms and accessory facilities forthe managing or conducting of a business. Off-Street Loading and Unloading Space:A designated off-street space located onthe same siteasthe 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 landor water unimproved or improved andset aside, dedicated,designated,or reserved forthe public orprivateuseand enjoyment of ownersand occupants of land adjoining or neighboring such open space. Overhead Transmission Line:An electrical power line that is capable of conveying sixtv-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 avertical building wallabovetheline of a structural roof. Park:Apublicorprivateparcel of land developed andusedfor passive oractive recreation. Parking Area:Anarea designed and constructed,andused exclusively fortheparking,storage and maneuvering of vehicles. Parking Shade Structures:Aroofed,detached,accessorystructure,whichmaybelighted,with four(4)opensides,designated orused exclusively forthe parking and sheltering of operable motor vehicles. Parking Space:Apermanentlysurfacedarea,enclosedorunenclosed,of notlessthannine(9) feetin width,and nineteen (19)feetin depth,together with a driveway connecting the parking spacewithastreetandpermittingingressandegress of theautomobile,(SeeChapter7). Pennant:Any lightweight plastic,fabricor other material,whether ornotconlainjng_a message of any kind,suspended froma rope,wireorstring.usualiy_in_a_series and designed tomoveinthe wind.Pennants must not exceed 12 inches in anv direction. 1256760.5 ap I Definitions —IS Planned Unit Development:A development of five(5)or more acres in size,in which flexibility canbepermittedinlotsize,lotwidth,lotcoverage,andsetbacks,inordertoencouragemore creativeand imaginary design,thereby preserving naturalfeatures,protecting environmentally-sensitive areas and/or providing usableopenspaces within the development. Planning and Zoning Commission:TheTown of FountainHillsPlanningandZoning Commission. Professional Office:Any building,structure,or portion thereof,usedor intended tobeusedasan officeforalawyer,architect,engineer,surveyor,planner,optometrist,accountant,doctor,dentist, or other similar professions. Public Building:Facilitiesforconductingpublicbusinessoccupiedbyvariouspublicagencies. This includes allfederal,state,county,andtown offices and buildings. Public Hearing:A hearing heldto receive public testimony as required bylaw. PublicMeeting:AmeetingheldinconformancetotheArizonaOpenMeetingLawascontained in A.R.S.£38-431 etrseq. Public Utility:Privateorpublicfacilitiesfordistribution of variousservices,suchaswater, power,gas,communication,etc.,tothepublic. Recreation Facilities:Includesbuildings,structuresorareasbuiltordevelopedforpurposes of entertaining,exercisingorobservingvariousactivitiesparticipatedineitheractivelyorpassively by individuals or organized groups. Recreational Vehicle:Avehiculartypeunitprimarilydesignedastemporarylivingquartersfor recreational,campingortraveluse,whicheitherhasitsownmotivepowerorismountedonor drawnbyanothervehicle.Thisincludesmotorhomes,self-containedtraveltrailers,andcampers. Recreational Vehicle Park:Facilities forthe temporary storage,parking and maneuvering of recreational vehicles(motorhomes,traveltrailers,campers,etc.)withadequateroadsandstall sites,including sanitary andwater facilities.Site locations are provided ona day-to-day basis. Doesnot constitute a mobile home parkandmaynot allow mobile homes. Restaurant:Anestablishmentwhoseprimarybusinessistheserving of foodtothepublic. Retail Store:A commercial business for selling goods,services,waresor merchandise directlyto the customer,butnot including a professional office. RetainingWall:Awallor terraced combination ofwallsusedtoretainearth,butnot directly supporting the wall ofa building,including stacked rock and imbedded boulder walls. 125i FH 7.0 Chan 1Definitions 16 Revegetation:The replacement of indigenous livingplant materials onareaswherethenatural vegetation has been removed.The areas include disturbed natural areas and man-made cutandfill slopes. Reverse Pan Channel Letter:An individual letter of asign constructed of anopaquematerialso that the sides and front of the letter are one unit. Riprap Material:Material thatisa loosely composed layer of rocksand stones usedtohinderthe flow of water,thereby preventing erosion. Right of Way (ROW):Includes any public orprivate right-of wayandincludesanyarea requiredforpublicuse pursuant toanyofficialplan. Satellite Dish Antenna:A device incorporating a reflective surface thatissolid,openmesh,or barconfiguredandisintheshape of ashallowdish,cone,horn,orcornucopia.Suchdeviceshall beusedto transmit and/or receive radioor electromagnetic waves between terrestrially and/or orbitally based stations.This definition is meant to include but not be limited to what are commonly referred toas 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 conductingregular academic instruction at kindergarten,elementary, secondary,and tertiary levels.Such institutions shalloffergeneral academic instructions equivalent tothe standards prescribed bytheStateBoard of Education ortheStateBoard of Regents. School,Nursery:A school or the use of a site ora portion of asiteforan organized program devotedtothe education ordaycare of five(5)ormore children of elementary schoolageor younger,other than those residents onthesite.This includes day care centers. School,Private or Parochial:An institution conducting regular academic instruction at kindergarten,elementary,secondary,and tertiary levels operated bya nongovernmental organization. School,Trade:Schools offering instruction inthe technical,commercial ortradeskills,suchas real estate schools,business colleges,electronic schools,automotive and aircraft technician schoolsand similar commercial establishments operated bya nongovernmental organization. Service Station:An occupancy engaged intheretailsales of gasoline,oil,tires,batteries,andnew accessories and which provides forthe servicing of motor vehicles and operations incidental thereto,including:automobile washing,waxing and polishing,tire changing and repairing,butnot includingrecapping.Mayalsoincludebatteryservice,radiatorcleaning,flushingandrepair, installation of minor accessories,lubrication of motor vehicles,rental of utility trailers,testing, adjustment and replacement of motor partsand accessories. 760.5 Q_Chnp_l.Ocfinitio.ns_1 ' Shelter Care:Shortterm residential care facilities providing lodging ona temporary basis,meals and counseling to individuals andgroupssuchas,butnot limited to,the homeless,pregnant teenagers,victims of domestic violence,neglected children,and runaways. Shopping Center:Agroup of retailstoresor professional offices planned and designed forthe siteonwhichitisbuilt,functioning asaunit,with off-street parking,landscaped areasand pedestrian mallsorplazas provided onthe property asanintegralpart of theunit. Sign:Am-Any visual element,or combination of elements,including words or symbols,designed orplacedtoattract attention or convey information,including any device providing identification, advertising or directional information fora specific business,service,product,person, organization,place,or building.Included inthis definition,assigns arc,including graphicdevices suchas logos and attention attracting items such as banners orlogo sculptures,obtrusive colored facia or architectural elements,banners,balloons,streamers,inflatable structures,exterior merchandise displays,projected picture signs,holographic proiection 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:Asignwhich includes anycopy and/or graphics relating toany business, service,product,person,organization,place,or building in addition to simple identification? excluding directional information. Sign.A-Frame:A temporary sign normally supported bvitsownframeina manner thatusually 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:Asign displayed on.or attached flat against,thesurfaceor surfaces of anawning orany other surface attached toa building that provides shelter. Sign.Bench:Asign painted onor affixed toabench- Sign.Building Mounted:Anv signmountedontotheverticalsurface of abuilding:seealsoWall Sign, Sign.Cabinet:Aframe constructed toholdinternal components and covered bvafacetoholdthe advertising sign. Sign.Canopy:See definition of Awning Sign. Sign.Changeable Copy:Asignconstructedtoholdindividuallettersorindividualtextsections thal_are_mounted in or on a track system.Changeable Copy Signs are usually used as Directory Signs, 1756760.5 FHZOChap-1 Definitions 18 Sign,Directional:Asignthatdoesnotcontaineitheridentificationoradvertisingcopy,butdocs containotherhelpful information,including assisting in.supplying pertinent directional informationforthepurpose of promotingsafetyandtheflow of vehicularorpedestrian traffic-See Chapter 6 for an example.*8 Example of DirectionalSigns: !£H4 ||EN7Esfo 4 a in Sign,Directory:Asignlistingthenames and/or uses,and/or locations of thevarioustenantsor activities within a building,orina multi-tenant development,butnotforthe purpose of advertising products,goods,or serviccsor group of buildings.Directory Signs may be constructed as Changeable Copy Signs. Sign,Fascia:Asign,whiclrthat is permanently affixed tothe horizontal member or surface atthe edge of a projecting roof.Sec chapter 6foran example. Example Fascia Sign SOT W=h -..' ._-— S£\ •_:Bm MS Z-h um.-•*i •i i Sign.Flashing:A sign with an intermittent,repetitive or flashing light source. Sign,Freestanding:Asign,which_that hasits own supporting structure independent of the building or business it identifies,orany product orservice provided. Sign,FuelPrice:Asign displaying the price(s)of fuelata service station. Sign.Ground Mounted:A Freestanding Sign with no visible base. Sign,Identification:Asign,which_thatcontainsonlythename of thebusiness,person, organization,place,service,product,or building atthatlocation. Sign,Ideological:A sign,whichthatexpresses,conveys,oradvocatesanon-commercial message. J 756760- FH ZO Chap 1 Pefinitions.12 Sign,Illuminated:Asign,whichthat islighted,either externally or internally. Sign.Internally Illuminated:A sign constructed with a light source behind the face of the sign. Sign,Mansard &Parapet:A sign permanently affixed toawallor surface not more than 20 degrees from vertical atthe upper edge of a building and running parallel with the mansard roof lineor parapet upon which the sign is attached.Foran example,see Chapter 6.Any sign proposed for a building with a Mansard Roof shall have thetop of thesign mounted no higher than the lowestpoint of any portion of the roofline. Mansard R>of Ed's Eats t> Sign,Menu Board:A changeable sign 'orientated to the bill of fare of a drive in erdrive-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 suchasa shopping center,officer building or planned industrial park,whichhasmultiple suites,officesortenants.AMonumentSignshallbeapart of thesignage regulated bva Comprehensive Sign Plan. 1756760.5 FH 7.0 Chan 1 Definitions Freestanding Monument Signs 10' _8' '=1 — en SIGN d o to t_ _• o to SIGN SIGN SIGN SIGN SIGN SIGN SIGN SIGN Height x 0.6 Height x 0.4 Maximum Width _2Q Sign.Multi-Tenant Building Identification:A sign fora building complex or center that contains anv 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:Anv sign that uses neon,argon or anv similar gasto illuminate transparent x_ translucent tubing or other materials,or anv use of neon,argon or anv similar gas lighting_on_or near the exterior of a building or window. Sign,Off-Premise Directional:A portable sign containing directional information toa destinationwithinthe Towns'Town's municipalboundary,whichmayonlybelocatedinspecified areas of Town road rights-of-way during specified times. Sign.Open House Directional:A temporary signwith directional arrow,directing pedestrian or vehicular traveltothe property or premise for sale,leaseorrent. Sign.Parapet:Asign mounted totheface of abuilding_parapet. Sign.Pole Mounted:A Freestanding Sign constructed witha support structure thatis morethan, 10%of the height of thetotal sign andless than 90%of the width of thesign.The sign support structure shallbe included inthe sign area computation. Sign,Political:Asign whiehthat identifiesa person,expressesa position^conveysamessage concerning,oradvocatesaposition ona thecandidacy of aperson,party?orissueonanupcoming ballot. Sign.Portable:Anvsignnotpermanentlyattachedtothegroundorotherpermanentstructure,or asigndesignedtobetransported,including,butnotlimitedto.signsdesignedtobetransportedbv means of personsorwheels:signs converted to A-frames:menuand sandwich boardsigns: balloons usedassigns:umbrellas for advertising:andsigns attached toor painted onvehicles- Example of Portable Sign SELF SERV Sign.Projecting:Asignthat extends from a building wall overa property lineor right-of-wav line. Sign.Pvlon:See Pole Sign- Sign.Real Estate:A sigru_attached tothe site,advertising the sale,lease or rental ofthe property orpremisesonwhichitislocated. FHZOChanl Definitions 21 Sign,Roof:Asignaffixedon,above;or over the roof of a building sothatit projects abovethe roofiine.Thetop of a parapet wallshallbe considered theroofiine.The highest point of a mansardvertical portion of a Mansard Roof shallbe considered theroofiine.Thetop of thefacia of a hipped roof shallbe considered the roofiine.Where a parapet wallis combined with a mansard roof,the roofiine shallbethetop of the parapet. Sign,Sandwich:A portable sign;one,whichisnot permanently affixed toa structure or permanently ground-mounted.Foran 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 bv the holderfs)of a shared monument sign permit. Sign.Temporary:Asign intended to display either commercial or non-commercial messages of a transitory or temporary nature.Portable signs,anvsignnot permanentlyembedded inthe 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 signoran A-frame signshallbe considered a temporary sign. Sign.Tent:A temporary sign normally supported bvitsownframeina manner thatusuallyforms an "A"when in use:also referred toasa "sandwich"or "A-frame"sign. Sign.Under-Canopv:A sign attached tothe underside of a canopy,marquee,cantilevered roof or eaveoranvother surface havinganangleplusorminusfifteen (\5)degrees from perpendicular to a horizontal overhead structure. Sign.Wall:Asignwhichisfastenedtoanv vertical portion of a building:seealso Building Mounted Sign. Sign,Wall-Mounted:Asign,whichisfastenedtoanyverticalportionofabuilding. Sign,Window:Anyposter,cutoutletters,paintedtextorgraphics,orothertextorvisual presentationaffixedto,or placedsjgn.pictures,symbolsorcombination thereof,designed _to communicate information about an activity,business,commodity,event,sale or service that is affixedto.orlocatedwithinanvareasix(6)feetbehindawindowpane,andisplacedpositionedto bereadfromthe exterior of a building. SignDistrict:Agroup of businesseswithinabusiness block,organizedforthepurposeof designing and installing nomorethantwo shared monument signstobelocatedwithinthe business block. Sign District Agreement:Anagreementbetweenprospectivesigndistrictmembersandthe business blo_c_k_propertv ownerfs)inwhichthe .shared monumentsignwillbe erected,containing thename of each business andits ownerfsl andthe business addressand telephone number,and evidencing that the signdjstrict members have agreed to the following: A.Theplacement of thesharedmonumentsignwithinthebusinessblock: 1756760,5 E-ZQ-hap-l Definitions 22 B.A shared monument sign meeting the requirements of subsection 6.08(BB1: C.Theindividualbusiness owners'andproperty owner's respectiveresponsibilities for maintenance,removal and alteration of the shared monument sign:and D.The individual business owners'and property owner's responsibilities intheevent 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 sigm Sign Walker:A person,who wears,holds or balances a portable sign. Significantly Altered Lot:A residential lot,uponwhichnew construction is occurring onthelot resulting in: A^-A_Greater than 50%of the lot's yard area being disturbed;or B^-R-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:(I)human genitals,pubic region:(2) buttock:and (3)breast below a point immediately above the top of the areola. B.Human male genitals ina 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,butnot limited to,acorralor paddock forthe keeping of oneormorehorsesownedbytheoccupants of thepremisesandwhicharenotkeptfor remuneration,hire or sale. Stable,Commercial:A structure including,butnot limited to,a corral or paddock forthe keeping of horses for remuneration,hire or sale. Store:Abuildingwheremanufacturedorready-madeitemscanbepurchased. 1756760,5 FH ZO Chap 1Definitions 23 Story:That portion of a building included between the surface of anyfloorandthefinished ceiling nextaboveitorthefinished undersurface of the roof directly over the particular floor. Street:A right-of-way dedicated and accepted bythe Town of Fountain Hills,forpublicuses, whichthat provides the principal vehicular and pedestrian access to adjacent properties. Street.Private:A street held or controlled bv an entity other than the Town of Fountain Hills. Street.Public:A street dedicated and accepted bvthe 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 toand accepted bythe Town of Fountain Hills,for publicuses,which provides the principal vehicular and pedestrian access to adjacent properties. Structure:Anything constructed or erected which requires afixedlocationontheground, including a building or mobile home,butnot including afenceorwallusedasafence. Structural Alteration:Any change inthe supporting members of a building,such as bearing wallsor partitions,columns,beams,or girders,orany complete rebuilding of the roof or exterior walls. Subdivision:Improvedorunimprovedlandorlandsdividedforthepurpose of financing,saleor lease,whether immediate orfuture,intofour(4)ormorelots,tractsor parcels of land,or,if anew streetis involved,anysuch property whichis divided intotwo(2)ormorelots,tractsor parcels of land,or,anysuchproperty,theboundaries of whichhavebeenfixedbyarecordedplat,whichis dividedintomorethantwo(2)parts."Subdivision"also includes any condominium,cooperative, communityapartment,townhouse orsimilarprojectcontainingfour(4)ormoreparcels,inwhich an undivided interest inthelandis coupled withtheright of exclusive occupancy of anyunit locatedthereon,butplats of suchprojectsneednotshowthebuildingsorthemannerinwhichthe buildingsorairspaceabovethepropertyshownontheplataretobedivided."Subdivision"does notincludethe following: A.Thesaleorexchange of parcels of landtoorbetweenadjoiningpropertyownersif suchsaleor exchange doesnot create additional lots. B.Thepartitioningoflandinaccordancewithotherstatutesregulatingthe partitioning of landheldincommonownership. C.Theleasing of apartments,offices,storesorsimilarspacewithinabuildingor trailer park,norto mineral,oilorgasleases. Supervisory CareHome:Aresidentialcareinstitution,whichprovidesonlysupervisorycare servicestonomorethanfour(4)ambulatory persons unrelated tothe owner of suchahome. Swale:Alowflat depression todrain off excess water. apjLD_Onilipns 24 Swimming Pool:Any permanent structure,containing or intended to contain water eighteen (18) inchesormoreindepth and/or eight (8)feetormorein width atanypoint. Temporary Vehicle Storage Facility:Anylandor building usedforthe temporary storage of abandoned,wrecked orlegally impounded automobiles,boats,or other vehicles regardless of runningcondition.Suchafacilityisnotafacilitywheredismantling of anyvehicle,thestorage of anyvehicleparts,the retailing or wholesaling of any vehicle or vehicle partsmaytakeplace. Town Council:The Mayor and Common Council of the Town of Fountain Hills. Transmission Line,Overhead:An electrical power line,whichiscapable of conveying sixty nine (69)thousand or more volts of power. Travel Trailer:A portable structure without motive power,with wheels built ona chassis, designed asa temporary dwelling for travel,recreation,and vacation purposes,having a body width not exceeding eight (8)feetanda body length not exceeding thirty-two (32)feet. Treatment Center:Facilities providing lodging and meals and,primarily,treatment,training or education asapart of an alcoholism ordrug addiction program. Use:The purpose for which asiteor structure is arranged,designed,intended,constructed, moved,erected,alteredor enlarged orfor which either asiteor structure isormaybe occupied and maintained. Use,Accessory:Ausewhichisincidental,related,appropriate,andclearlysubordinatetothelot orbuilding,andwhichdoesnotalterthe principal use of thelotor building. Use,Permitted:Ause which islistedasa "permitted use"inanygivenzonedistrict.Suchuse shallbe allowed tobe established within that zone district,subject tothe specific requirements of this ordinance. Use,Prohibited:Anyusenot specifically permitted or permitted byaspecialuse permit-is prohibited. Use,Special:Ause,whichislistedasa "special use"inanygivenzoningdistrict.Suchuseshall requirea"specialusepermit"inordertobeestablishedwithinthatzoningdistrict,andshallbe subjecttoallconditionsandrequirementsimposedbytheTownCouncilinconnectionwiththe special use permit. Use,Temporary:Ause,whichislistedasa"temporaryuse"inanygivenzoningdistrict.Such useshallrequirea"temporaryusepermit"inordertobeestablishedwithinthatzoningdistrictand shallbesubjecttoallconditionsandrequirementsimposedbythe staff orTownCouncil, whichever issues the permit. UsableOpenSpace:Space,whichcanbeenjoyedbypeople.Thiscouldinclude landscaped plazas,grassandtrees,fountains,sittingareas,etc.,andismeanttoprovideanopengarden 1756760.5 HlZ£LCIiapJ Definitions 25 atmosphere.Meaningfulopenspacedoesnotincludeparkingareas,vacantorundevelopedlotsor anyotherspace,whichdoesnot contribute tothequality of the environment. Utility Services:Service tothepublic of water,sewer,gas,electricity,telephone andcable television.The foregoing shallbe deemed toinclude attendant facilities and appurtenances tothe aboveuses,including,withoutlimitation,stationsalongpipelines,andsubstationsalongelectric transmission lines;butnot including publicutility treatment and generating plantsoroffices. Variance:See Chapter 2,Section 2.06(B)herein. Wall:Any device forming a physical barrier which isso constructed that fifty (§0)-percent f50%) ormore of thevertical surface is closed preventing the passage of light,airand vision throughsaid surface. Warehouse:A building or buildings usedforthe storage of goods. Wholesale:Thesale of goods or materials forthe purposes of resale. Yard:A minimum required open area adjacent toalotlinethat shall befree from any structure exceptas specified inthe Town of Fountain Hills Zoning Ordinance. Yard,Front:Ayard,the depth of which isthe minimum required horizontal distance between the frontlineandthefront yard setback line,which yard extends across thefull width of thelot.Fora corner lot,thefront yard isthe narrower of thetwo street side frontages. Yard,Rear:Ayard,the depth of which isthe minimum required horizontal distance between the rearlotlineand rear-yard setback line,which yard extends acrossthefullwidth of thelot,not including any portion of a required streetsideyard. Yard,Required:Theminimumopenspaceasspecifiedbytheregulations of thisOrdinancefor front,rear,side,and street side,as distinguished fromany yard area in excess of the minimum required.See "Building Area". Yard,Side:Ayard,thewidth of which isthe minimum required horizontal distance between the sidelotandthe side-yard setback line,not including any portion of therequiredfrontyardor required rear yard. Yard,Street Side:Anyyard,thedepth of whichistheminimumrequiredhorizontaldistance between thestreetsidelotlineandthestreet side-yard setback line,not including any portion of the required frontyard. Zone:Adistrictclassificationestablishedbythisordinance,whichlimitsorpermitsvariousand specific uses. Zoning Administrator:ThepersonappointedbytheTownManagertobetheZoning Administrator.IfthereisnosuchpersondesignatedbytheTownManager,theTownManageris the Zoning Administrator. 1756760,5 FH ZO Clian 1 Definitions 26 Zoning Clearance:TheapprovalbytheCommunityDevelopmentDirector of aplanthatisin conformance with The Zoning Ordinance for the Town ofFountainHills. Zoning District:Azoneareainwhichthesamezoningregulationsapplythroughoutthedistrict. 175676Q.5 FH ZO Chan1 Definitions 27 Document comparison by Workshare Compare on Tuesday,October 02,2012 4:16:59 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/1756760/5 Description #1756760v5<Phoenix>-CODE -ZO CH 1-Definitions v5 (AJM 10.1.12) Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change Moved deletion Inserted cell Deleted eel Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 147 Deletions 74 Moved from 22 Moved to 22 Style change 0 Format changed 0 Total changes 265 ct&4<<«' TOWN OF FOUNTAIN HILLS SIGN REGULATIONS NOVEMBER 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance 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 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 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 itis 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. Page 2 Of 34 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 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 ina 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. 1752356.9 Page 3 Of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 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 $25.00 and confiscation of sign(s). B.Second offense within twelve (12)calendar months of first offense, fine not to exceed $50.00 and confiscation of sign(s). C.All subsequent violations within twelve (12)calendar months of the first offense,fine not to exceed $100.00 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); Page 4 Of 34 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 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 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 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)ina 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 1752356.9 Page 5 Of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 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 orfirm 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 itis removed or itis 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 isa 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 lotfor which it advertises,informs or otherwise attracts attention. G.Sign area is the sum of the areas ofall permitted signs,except directional signs,street addresses or safety signs (e.g.,stop engine, no smoking).Sign area shall be measured as follows: Page 6Of 34 November 1,2012 1752356.9 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 6 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 CHEESE BURGERS 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 For Sign copy mounted or painted on an internally-illuminated sign or internally-illuminated element ofa building,the entire internally-illuminated surface or architectural element that contains sign copy will be counted as sign area. Page 7 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 Example Illuminated Sign Area x ^iiMraiMfflit /i Y><^ ^ T i> 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. 1752356.9 Example Sign Face Area Greater oThan45°U|3 to 45 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. Page 8 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 Example Dimensional Sign Area Psl £_<&C39 \ 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 ..-ID WIDTH GrAS IT UP HEIGHT 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 ifno curb exists. Example Freestanding Sign Height tOP C=-]-EIG-r CURB I J_L 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. 1752356.9 Page 9 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 Example Midpoint of Sign Midpoint of Sgn Midpoint of 3gn MEIGWT Finished floor beneath midpointof 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 roofiine,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 oron 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 anofficial traffic control sign andany signor device obscuring such traffic control signs or devices. 12.Temporary or portable signs within the Shea Boulevard right-of- way. Page 10 of 34 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 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. 1752356.9 Page 11 Of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 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)(l)-(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 N/A A A A-Frame Sign B N/A B B Awning/Canopy Sign C C C C Civic Organization Identification E E E E Comprehensive Sign Plans Z N/A Z Z Contractor Signs F F F F Directory Signs d G G G Electronic Message Center CC *CC N/A Event Banners,Balloons and Pennants D *D D Flag I 1 1 I Freestanding Signs J N/A .1 J Fuel Price Signs K N/A N/A N/A Future Development Signs L L L L Garage Sale Signs M M M M Menu Board N N/A N/A N/A Page 12 of 34 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 6 Zoning District Commercial Residential/ Open Space Recreation Industrial Lodging Multi-Tenant Building Identification Signs 0 N/A 0 0 Neon Signs P N/A P P Open House Directional Signs Q 0 Q N/A Political and Ideological Signs R R R R Projecting Signs S N/A S S Real Estate Signs T T T T Shared Monument Signs J N/A J J Sign Walkers BB N/A N/A N/A Special Event Signage U U U U Street Addresses AA AA AA AA Subdivision Identification Signs J J J .1 Under-Canopy Signs V N/A V V Wall Signs W N/A W w Window Signs X N/A X X Window Decorations/Painting (Holiday Theme) 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 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.Inall 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 offifty (50)square feet or two (2)square feet per lineal Page 13 of 34 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 6 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 ina 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 reallocate 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 business or church,or on property immediately adjacent to the business or church building as follows: a.On property held in common by members ofa property owners'association. b.On property owned by the business owner's landlord. Page 14 Of 34 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 6 c.Public street,subject to the limitations of 6.08(B)(3) below. 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 ina manner that poses atraffic vision hazard.Signs may not be located within the sight triangle as defined in the Townof Fountain Hills Subdivision Ordinance Section III,Exhibit 16. d.A-Frame signs must be placed at least three (3)feet behind the curb.Ifno 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 orwithin the center medians that divide portions of paved or unpaved roadways. 4.No signmaybe greater than twenty-four (24)incheswideand thirty-six (36)inches tall. 5.Signsshallbe constructed of wrought iron;sheet metal;1/8inch thick plastic;orofwood that is at least 3/8 inchthick.No other materials are acceptable. 6.Signs must be manufactured bya professional sign company. 7.Signs shall be in good repair. 8.Attachments to signs are limitedto balloons flownno higher than six(6)feet from the ground.If attachments are used,the A- Frame sign must be set backfrom the curb a minimum of three (3)feet;ifnocurbis present,theA-Framesignshallbelocated at least three (3)feet from the edge of the pavedportionofthe public right-of-way. 9.Landscaping cannot bemodifiedor damaged to accommodate an A-frame sign. Page 15 Of 34 November1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 6 10.Signs shall only be displayed between the hours of 7:00 a.m. and 9:00 p.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. 2.Banners,balloons and pennants are permitted for events such as special sales events with advance notification to the Townfor not more than seven (7)days 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. 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. Page 16 Of 34 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 6 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. Page 17 Of 34 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 6 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 -Seven (7)days per month -No Permit Necessary -Town Notification Required * *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. Page 18 of 34 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 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 1752356.9 Page 19 Of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 constructed that ifit 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 Page 20 Of 34 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 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 Administrator and where the Zoning Administrator has approved the formation of the district. 1.Membership Change:If sign membership changes, the sign district shall filea 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. Page 21 Of 34 November 1,2012 1752356.9 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 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 ina manner that obstructs the vehicular sight lines and road "clear zones"established by the Town Engineer Page 22 Of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 in accordance with traffic engineering standards. 5.The Zoning Administrator or authorized designee may only approve the placement of a shared monument sign ina manner other than as required by this paragraph ifa 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.Inlieuof 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. 1752356.9 Page 23 Of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 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. 1752356.9 Page 24 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 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 three (3)feet 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. 1752356.9 Page 25 Of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 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 ofaninch 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. Page 26 Of 34 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 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. 0.Multi-Tenant Building Identification Signs are allowed as follows: 1.Sign shall beawall 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 wallof the building with major street frontage. 4.Maximum area of sign issix (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 shallbeusedonlyto 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). Page 27 of 34 November1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 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 three (3)feet 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 bya 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.Except for those areas designated as "sign free zones"by the Town Council in accordance with Ariz.Rev.Stat.§16-1019(F),as amended, 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.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 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. Page 28 Of 34 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 6 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. Political signs shall be removed within fifteen (15)days after the election or referendum for which the signs were posted.Candidates successful ina 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 ofa 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 bya professional sign company. 6.No A-Frame signs allowed. Page 29 Of 34 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 6 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 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 ofa 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. Page 30 Of 34 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 6 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 ina 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. 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 allowa 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.Eachwall 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. Page 31 Of 34 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 6 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: 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 bya professional sign company. Y.Window decorations/painting with a holiday theme are allowed as follows: 1.Holiday decorations may be displayed ona 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 notlimitedto,name of business,logoor sale language. 4.Sign permit is not required. Z.Comprehensive SignPlansshall meet allsign criteria of the Town.The following elements are required for approval: 1.Name,address and phone number of property owner or designee. Page 32 Of 34 November 1,2012 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 6 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 itis 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 bya 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 ona 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: 1752356.9 Page 33 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 1.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. 2.Sign Walkers shall not erect or place tents,temporary structures,umbrellas,chairs or stools anywhere within the public right-of-way or adjacent property. 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. CC.Electronic Message Center:Signs with intermittent,scrolling or flashing illumination,including electronic message center signs,are permitted in Commercial and Industrial zoning districts only;provided, however,that churches and schools may display such signs in residential districts.All electronic message center signs are subject to the following: 1.Signs must be on-site. 2.There shall be no moving or flashing green or red features that could be mistaken as traffic control devices. 3.Intermittent Changes: a.Any changes to the face or copy of the sign must have a minimum of eight (8)second interval between changes. b.Any changes to the face or copy of the sign must stop at 10:00 p.m.,except for time and temperature. c.After 10:00 p.m.,the background must be darker than the text. 1752356.9 Page 34 of 34 November 1,2012 £&b l/MB TOWN OF FOUNTAIN HILLS SIGN REGULATIONS NOVEMBER 1,2012 6r817J23.5A2 Town of Fountain Hills Zoning Ordinance 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 November 1,2012 1752356,9 Section 6.01 Purpose Town of Fountain Hills Zoning Ordinance Chapter 6 TheregulationssetforthinthisChapterareintendedtoencourageattractivesignagefor businessesandservices,optimizingtheavailability of information,whilepromotingthegeneral welfare by creating more aesthetically appealing community. Section 6.02 [Reserved] Section 6.03 Sign Permits;Fees A.Except as provided herein,itshallbeunlawfultoerect,install and/or modifyanysign withinthe Town without first applying forand obtaining asign permit fromthe Development Services Department."Modify,"asitisusedherein,shallmeanany changeinortoan existing sign,itsface,electrical components,design and/or supporting structures.A permit shall notbe required forthe following signs;provided,however, thatsuchsignsshallbe subject toanyandall applicable provisions of this ordinance, including Zoning Administrator approval when required: 1.Nameplate signs,four(4)squarefeetorlessinarea,which shallcontainthename of the business andmay contain any or all of the following:street address,hours of operation and business logo. 2.Street addresses. 3.Any sign four(4)square feetorlessin area not otherwise prohibited bythis ordinance. 4.Repainting without changing wording,composition orcolors;orminor nonstructural repairs. 5.Temporary noncommercial signs. 6.Signsnotvisiblefrom off-site publicorprivate property. 7.Holidaysigns permitted by subsection 6.08(Z). 8.Garage sale signs permitted by subsection 6.08(M). 9.Political signs. 10.Window signsontheinside of a window. 11.Signs of lessthaneight(8)squarefeetplacedonanychurchpropertyoranysign relatingto church operations thatisnot visible froman adjacent streetorproperty. 12.SignsplacedonanyschoolpropertybytheFountainHillsUnifiedSchool District. 4752356.8 12^2356.9 Page 2 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 13.[Reserved]. 14.Signsthatrelatetoaspecialevent,except asrequiredbysubsection6.08(U). 15.Banners,balloons and pennants,except as required by subsection 6.08(D). 16.Changestoasignpanelorcopyonan existing sign. B.Failureto conform tothe conditions of asign permit,including any conditions and/or stipulationsattachedtheretobytheTownCounciland/orBoard of Adjustment,shall rendersuch permit void. C.FeesforsignpermitsshallberequiredandpayableinsuchsumsastheTownCouncil mayfromtimetotimeestablishaspart of the Town's annualbudgetorbyseparate resolution. D.Asignpermitdoesnotincludeelectricalwork;however,thisexemptionshallnotbe deemedtograntauthorizationforanyworktobedoneinviolation of theprovisions of the Fountain Hills Town Code orany other lawsor ordinances. Section 6.04 Violations Anyofthe following shallbeaviolationofthisChapterandshallbesubjecttotheenforcement remedies andpenaltiesprovidedbytheTownofFountainHillsZoningOrdinance,andbystate law,as applicable: A.Toinstall,create,erector maintain anysigninawaythatis inconsistent withanyplanor permitgoverningsuchsignorthezonewithinwhichthesignislocated. B.Toinstall,create,erectormaintainanysignrequiringapermitwithoutsuchapermit. C.To fail to remove anysignthatis installed,created,erectedor maintained in violation of this ordinance,orfor which thesign permit haslapsed. Ifany such violation is continued,then each dayofa 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 setforthin Section 6.04 above are declared tobecivilin nature.The responsible parties for enforcement purposes are (i)the owner or operator of the business or residence identified onthesignand(ii)theowneroroccupantofthe business or residence towhichthe sign is directing pedestrian or vehicular traffic.Enforcement of violations of this chapter shall be made through the useofthe civil citation process set forth in Subsection 1-8-3 ofthe Town Code.Fines maybe assessed according tothe following schedule: Page3 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 A.First offense,finenotto exceed $25.00 and confiscation of sign(s). B.Second offense within twelve (12)calendar months of first offense,fine not to exceed $50.00 and confiscation of sign(s). C.Allsubsequentviolationswithintwelve(12)calendar months of thefirstoffense,fine not to exceed $100.00 and confiscation of sign(s). Section 6.06 Enforcement and Remedies Anyviolationor attempted violation of this ordinance or of any condition or requirement adoptedpursuantheretomayberestrained,correctedorabated,asthecasemaybe,byinjunction orother appropriateproceedings pursuant tostatelaw.A violation of this chapter shallbe considered a violation of the Zoning Ordinance.The remedies of the Town shallinclude,butare not limited tothe following: A.Issuinga stop-work order foranyandallworkonanysignsonthesamelot; B.Confiscation of sign(s); C.Seekinganinjunctionorotherorder of restraintorabatementthatrequirestheremoval of thesign(s)orthe correction of the nonconformity; D.ImposinganypenaltiesthatcanbeimposeddirectlybytheTownundertheZoning Ordinance; E.Seekingincourttheimposition of anypenaltiesthatcanbeimposedbysuchcourtunder the Zoning Ordinance;and F.Inthecaseofasignthatposesanimmediatedangertothepublichealthorsafety,the Townmaytakesuchmeasuresasareavailableundertheapplicableprovisions of the ZoningOrdinanceandBuildingCodeforsuchcircumstances. TheTownshallhavesuch other remedies asareandasmayfromtimetotimebe provided foror allowedbystatelawfortheviolation of theZoningOrdinance. Allsuchremediesprovidedhereinshallbecumulative.Totheextentthatstatelawmaylimitthe availability ofa particular remedy set forth hereinforacertain violation orapart thereof,such remedy shall remain available forother violations orother parts ofthesame violation. Section 6.07 General Regulations&' A.Anysign hereafter erectedor maintained shall maintain conformance tothe provisions of this ordinance andthe provisions of the Town Code. B.No sign,otherthanan official traffic signorsimilarsign,shallbe erected within thelines ofanystreetor public right-of-way unless (1)specifically authorized herein;(2) -1^-52356.8 1752356.9 Page4 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 authorizedbyotherTownordinancesorregulations;or(3)permittedbyspecialTown authorization. C.Nosign,including a temporary signorsign structure,shallbe erected orplaced:(1)ina mannerthatwouldobscurevehicularvisibility;or(2)atanylocationwherebyits position,theshapeor color of thesignmay interfere withor obstruct theviewof,orbe confusedwith,any authorized trafficsign,signalordevice. D.Everysign permitted bythis ordinance mustbekeptingood condition andrepair.When anysignbecomesin danger of falling,oris otherwise deemed unsafebythe Town's Chief Building Official,orifany sign shallbe unlawfully installed,erected or maintained inviolation of any of theprovisions of thisordinance,theownerthereof,orthepersonor firm usingthesign,shall,uponwrittennoticebythe Chief Building Official,or immediately inthe case of immediate danger,andinany case within notmore than ten (10)days after notice:(1)make such sign conform tothe provisions of this ordinance;or (2)removethesign.If,withinten(10)days,the order isnot complied with,the Chief Building Officialmay remove orcausesuchsigntobe removed atthe expense of the owner and/or user of thesign. E.Legal non-conforming signs. 1.Any sign legally existing atthe time of the passage of this Chapter that,dueto changes inthisChapter,nolonger conforms inuse,location,heightorsizewith the regulations of thisChapter,shallbe considered alegal non-conforming use and may continue inuseuntil such time asitis removed oritis abandoned fora period of sixor more continuous months.Except as otherwise set forth in paragraphs 6.07(E)(2)and(3)below,any change inthesign,including a50%or more change of sign copy,shall be considered an abandonment andthelegalnon conforming status of the sign shall become void. 2.Whenever the name of a business or other sign text changes,anylegalnon conforming signs onthe premises shall be modified to bring them into conformance withthis Chapter,even though the change isa change of signcopy only.This paragraph shallnotapplyto directory signs designed with interchangeable letters or panels ortothe text area of a monument sign. 3.Legal non-conforming freestanding signs,sign structures,polesandotherrelated equipment thathavebeen abandoned ornotinuseformorethansixmonthsshall be removed andthe building,landor site restored toits original state. F.Unless otherwise specifically permitted pursuant tothisChapter,eachsignmustbe located on the lot for which it advertises,informs or otherwise attracts attention. G.Signareaisthesum of theareas of allpermittedsigns,exceptdirectionalsigns,street addresses orsafetysigns(e.g.,stopengine,no smoking).Signareashallbe measured as follows: -1^2-3-56t8 12523_5A2 Page 5 of 34 November 1,2012 1752356.8 1152356.9 Town of Fountain Hills Zoning Ordinance Chapter 6 Forsigncopymountedorpaintedonabackgroundpanelorarea distinctively painted,textured or constructed,theSignareaisthe area within the outside dimensions of the background panelorsurface. Example Sign Copy Area x CHEESE BURGERS Forsigncopy consisting of individual letters and/or graphics affixedtoawallor portion of a building thathasnot been painted,textured,or otherwise altered to providea distinctive background forthesigncopy,thesignareaistheareawithin the smallest rectangle thatwill enclose thesigncopy. Example Sign Area , CTY .auot .ft :• mar, For Sign copy mounted or painted onan internally-illuminated signor internally- illuminated element of a building,the entire internally-illuminated surface or architectural element that contains sign copy willbe counted assignarea. Example Illuminated Sign Area x i5? T c- Number of sign faces: One-Area of the single face only. Page 6 of 34 November 1,2012 1752356t8 1752356,9 Town of Fountain Hills Zoning Ordinance Chapter 6 Two-Ifthe interior angle between thetwosignfacesis forty-five (45)degreesor less,the sign area isthe area of one face only;if the angle between thesignfaces exceeds forty-five (45)degrees,thesignareaisthesum of theareas of thetwo faces. Three or more -For any sign containing three ormorefaces,thesign area shall be measured as the sum of areas of the all the si«n faces. Example Sign Face Area Greater oThan45°U^to45 §5) 2 faces 1 face Three dimensional,sculptural or other non-planar signs-Signareawillbethe sum of theareas of theverticalfaces of the smallest polyhedron thatwill encompass thesign structure. Example Dimensional Sign Area Forsignshavingmorethanonecomponent(e.g.,aservicestation identification/pricesigncombinationmountedonacommonbase),thesignarea isthearea of the rectangle enclosing all components of thesign. Example Fuel Price Sign Area Page7 of34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 ZL WIDTH GAS nr up E3G ~~9 HEICiHT L^JL H.Signheightisdefinedasfollows: 1.Freestanding Sign:Signheightisthe distance fromthetop of thesign structure,to thetop of curb of the public road nearest thesign,ortothe crown of publicroad nearest the sign if nocurb exists. Example Freestanding Sign Height '3 '•>c 'OF C=-7 -EIG-4T -L-*- 2.Wallor Fascia Mounted Signs:Signheightisthe distance measured fromapoint perpendiculartothetopofthemidpointofthesignstructure,tothetopofthe finishedfloor of the ground floorlevel directly below the midpoint of thesign. Example Midpoint of Sign Midpoint of 9gn Midpoint of 9gn rjjjrV,,-..,....ix •••.. DIGIT HEIGHT r~.==j V Finished floor beneath midpoint of Sign I.Signs not specifically authorized hereinare prohibited,including,butnot limited tothe following: 1.Neonsigns,except as permitted in subsection 6.08(P). 2.Roofsigns,orsignsthatprojectabovethehighestpoint of theroofiine,parapet, or fascia of the building. 3.Any sign emitting sound. 4.Any animated or moving sign,including televisions or signs with streaming video. Page8 of 34 November 1,2012 1752356,8 1I5225&2 Town of Fountain Hills Zoning Ordinance Chapter 6 5.Portableormobile signs,except forsign walkers oras otherwise specifically permitted. 6.Billboard signs. 7.Non-electrically illuminated signs. 8.Any non-public signs in public right-of-way oron public property,except as otherwise specifically permitted. 9.All off-premise signs,except as otherwise allowed. 10.All banners,pennants,streamers,balloons,Hags,searchlights,strobelights, beacons,inflatable signs,except as specifically provided forinparagraph6.08(D) below. 11.Anysign imitating anofficialtrafficcontrolsignandanysignordeviceobscuring such traffic control signs or devices. 12.Temporary or portable signswithintheSheaBoulevard right-of-way. 13.A-framesigns,except as provided in subsections 6.08(B),6.08(M)and6.08(Q). J.Thesource of a sign's illuminationshallnotbevisiblefromanyadjacentresidential streets or neighborhoods. K.Nosignshallbeerectedorplacedwithinanycentermedianoranypublicsidewalkor bicyclepath.TheTownemployeesmayremoveanysignlocatedintheseareas. DirectionalsignsownedbytheTownshallbeexemptfromtheregulationssetforthin this Chapter. L.[Reserved]. M.Signs mounted,attached or painted on trailers,boatsor vehicles shall besubjecttothe following: 1.Businessorcommercialvehiclesdisplayingsignageoradvertisingasanormal partofbusinessactivitymaybeparkedinanoff-streetparkingspaceadjacentto the business towhichthe vehicle relates;provided,however,such off street parkingspaceshallnotbelocatedimmediatelyadjacenttoastreet frontage, exceptas permitted in paragraph 6.07(M)(2)below.Vehicles that are visible from thepublicright-of-wayshallnotremaininthesameparkingspaceformore than forty-eight (48)consecutive hours. 2.One business or commercial vehicle of less than three and one half (3.5)tons gross vehicle weightand displaying upto twelve (12)square feet of signage may 47-52356.8 1752356.9 Page9of34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 beparkedinan off-street parkingspacenearthe business towhichthevehicle relates and immediately adjacent toa street frontage.Portable signs shallnotbe displayed onorinthevehicle.Saidvehicleshallnot remain inthesameparking space for more than forty-eight (48)consecutive hours. 3.Trailers,boats or trucks larger than three and one half (3.5)tons,displaying signageor advertising maynotbeparkedwithinany commercially zonedarea within the Town thatis visible fromany public street except while making deliveries or providing services toa business withinsuch commercially zoned area. 4.One business or commercial vehicle smaller than threeandone half (3.5)tons displayingsignageoradvertisingasanormalpart of businessactivitymaybe parkedinanoff-streetparkingspacewithinaresidentialzoneatthe 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.Unlessspecificallypermittedinsubsections 6.07(M)(l)-(4)above,signsmounted, attachedorpaintedontrailers,boats,motorvehiclesoranymoveableobject placedonpremisestoserveasadditionaladvertisingsignageare prohibited. N.Totalaggregatesignareamaybeincreasedupto25%,providedtheadditionalareais usedtodisplayaTown-providedlogoorsymbol. Section 6.08 Signs Allowed or Required Legend:Letters A-BB indicate thefollowing 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^ dustrial Lodging Total Aggregate Sign Area A N/A A A A-Frame Sign B N/A B B Awning/Canopy Sign C C C C Civic Organization Identification E E E E Comprehensive Sign Plans Z N/A Z Z Contractor Signs F F F F Directory Signs G G G G Electronic Message Center CC £CC N/A Event Banners,Balloons and Pennants D *D D 1752356.8 1252256.2 Page10 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 Zoning District Commercial Residential/ Open Space Recreation INDUSTRIALS dustrial Lodging Flag I I I I Freestanding Signs J N/A J J Fuel Price Signs K N/A N/A N/A Future Development Signs L L L L Garage Sale Signs M M M M Menu Board N N/A N/A N/A Multi-Tenant Building Identification Signs 0 N/A 0 0 Neon Signs P N/A P P Open House Directional Signs Q Q Q N/A Political and Ideological Signs R R R R Projecting Signs S N/A S S Real Estate Signs T T T T Shared Monument Signs J N/A J J Sign Walkers BB N/A N/A N/A Special Event Signage U U U U Street Addresses AA AA AA AA Subdivision Identification Signs J J J J Under-Canopy Signs V N/A V V Wall Signs w N/A W W Window Signs X N/A X X Window Decorations/Painting (Holiday Theme) Y Y Y Y *SpecificRegulationsApply A."Total Aggregate Sign Area"isthesumofthetotal allowable signareaforan entire site withthe following restrictions.Asused herein,"Site,"within commercially or industrially zoned area shall mean the building area leased or owned byoronbehalfof any business together withits adjacent privately owned walkway or parking area. 1.Frontage is determined bythe measurement ofthe portion ofthe building facing thestreet.Cornerbuildingsmayincludetwostreet frontages if the frontages are joinedatan angle between forty-five (45)and ninety (90)degrees.Building frontages that contain angles ofless than forty-five (45)degrees or between ninety (90)andone hundred eighty (180)degreesshallbe considered tobeone frontage. Multi-story building lineal footage is limited tothe ground floor lineal footage measurementexceptasmodifiedbysubsection6.08(A)(5)below. +7-523-56r8 1252356.9 Inallcommercialandindustrialzoningdistricts,thetotalaggregatesignarea allocable toany ground floor business having an external business entrance shall Page 11 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 notexceedthegreater of fifty(50)squarefeetortwo(2)squarefeetperlineal fool of building frontage,butinnocasemorethanonehundred (100)squarefeet. 3.Inall commercial and industrial zoning districts,any licensed business located abovethe ground floorina multi-story building havinganexternal building wall facinga public street shallbe permitted exterior signage withatotal aggregate signareanottoexceedfifty(50)square feet.A business occupying morethan oneflooris only allowed asignon one floor. 4.Businesses within any commercial or industrial zoning district having onlyan internal business entrance andno external wall facing a public street or public access driveway shall be limited to business identification signage ona common directory signas shown ona comprehensive signplan,assetforthin subsection 6.08(BB)unless otherwise approved bythe Zoning Administrator oran authorized designee.iej 5.Ground floor businesses having building frontage greater than one hundred (100) feetin length may increase their allowed sign area by0.5 square feet perone(1) linealfoot of building frontage in excess of one hundred (100)feet.Such additional sign area shallbeforthe exclusive use of said business andnot transferable or reallocablc to other businesses on the site. B.A-Frame Signsare allowed asfollows: 1.Only businesses thatare physically located within Town commercial or industrial zoning districts or churches in residential zoning districts maydisplayA-frame signs. 2.Businesses or churches permitted to display A-frame signs may display a maximum of onesuchsignperstreetfrontage.Suchsignsshallbelocatedinthe manner requiredin paragraph 6.08(B)(3)below,either onthesame property as the business or church,oron property immediately adjacent tothe business or church building as follows: a.Onpropertyheldincommonbymembers of aproperty owners' association. b.On properly ownedbythebusiness owner's landlord. c.Public street,subject tothe limitations of 6.08(B)(3)below. 3.Location of A-frame signs shallbe restricted as follows: a.Suchsignsshallnotbelocatedonthepavedportion of anypublicstreet, any sidewalk,orany median. I2-52446t8 1152356,9 Page12 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 b.Such signs shallnotbe located within a designated parking or loading area. c.Signsshallnotbe located ina manner thatposesatrafficvisionhazard. Signs may notbe located within the sight triangle as defined inthe Town of Fountain Hills Subdivision Ordinance Section III,Exhibit 16. d.A-Frame signsmustbeplacedatleast enethree (4-1)feetfeet behindthe curb.If nocurbis present,signs shallbe located at least three(3)feet fromthe edge of the paved portion of the public right-of-way.NoA- Frame signsshallbe placed on sidewalks orwithinthecenter medians that divide portions of pavedor unpaved roadways. 4.Nosignmaybegreaterthantwenty-four(24)incheswideandthirty-six(36) inches tall. 5.Signsshallbe constructed of wroughtiron;sheetmetal;1/8inchthickplastic;or of wood thatisat least 3/8inchthick.No other materials are acceptable. 6.Signsmustbe manufactured bya professional sign company. 7.Signsshallbeingoodrepair. 8.Attachmentstosignsarelimitedtoballoonsflownnohigherthansix(6)feelfrom theground.Ifattachmentsareused,theA-Framesignmustbesetbackfromthe curba minimum of three(3)feet;if nocurbispresent,the A-Frame signshallbe locatedatleastthree(3)feetfromtheedge of thepaved portion of thepublic right-of-way. 9.LandscapingcannotbemodifiedordamagedtoaccommodateanA-framesign. 10.Signsshallonlybedisplayedbetweenthehoursof62:00a.m.and T2£:00 ag.m. 11.No A-frame signis permitted anywhere withintheTownof Fountain Hillsafter December 31,2044^2013. C.Awning/CanopySignsareallowedasfollows: 1.Mustbe included inthetotal aggregate sign area. 2.Maynotexceed25%inareaofthecanopyonwhichsuchsignis located. 3.Sign area shall be measured bythe smallest rectangle that will enclose the sign copy. D.Event Banners.Balloons and Pennants arc allowed as follows: 1752356.8 1752356.9 Page 13 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 1.Time limitations: a.Ona one-time basisfora maximum of thirty(30)consecutive daysduring thegrand opening of a business,a Chamber of Commerce sponsored ribbon cutting,a change in ownership,change in management or change of business name. b.Forachurchforuptothirty(30)consecutive daysforthepurpose of promoting a program or event. 2.Banners,balloons and pennants are permitted for events suchas special sales events with advance notification to the Town fornotmorethantwo periods of seven(7)consecutive dayspermonth.The provisions of thisparagraph 6.08(D)(2)shall expire on December 31,20443013. 3.Not more than one banner shallbe allowed per business. 4.Maximum banner signareais thirty-two (32)squarefeet. 5.Banners,balloons or pennants shallbe located onthe business storefront or within thearealeasedbythebusiness.Balloons otherwise locatedshallbenotlessthan four(4)feetfromtheface of the building and within twenty (20)feet of themain building entrance. 6.Banners,balloons or pennants shallnotbe designed todepictanyproductor servicethatcannotlegallybe provided intheTown. 7.Totalsignareaincludingpermanentsigns,pennantsandbannersignsshallnot exceed 200%of the permitted signarea. 8.Banners,balloons or pennants shallbe professionally manufactured. 9.Banners,balloons or pennants shallnotbe displayed intherequired perimeter street landscaping. 10.Banners,balloons or pennants shallnot obscure building addressnumbers. 11.Banners,balloons or pennants shallnot encroach withinonsitefirelanes. 12.Banners,balloons or pennants shallnotbe attached orhungonorfromatreeor shrub. 13.Noballoonmaybelargerthan twenty-four (24)inchesindiameter. 14.Balloons shallnotbeflownhigherthansix(6)feetfromtheground. •1^3^6t8 17521i(L9 Page14 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 15.Banners,balloons and pennants shallnotbe erected atthe intersection of any streetor pedestrian walkway insucha manner asto obstruct freeandclearvision, noratany location where,byits position,shapeor color,itmayinterferewithor obstructtheviewoforbeconfusedwithanyauthorizedtrafficsignal,signor device. Page 15 of 34 November 1,2012 •1752356r8 17SMS6.Q Town of Fountain Hills Zoning Ordinance Chapter 6 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 1.12Hrs during one Day Event 2.No Permit Necessary Church Event 3 0-days w/permit 1.Permit Required Any Type of Event -Twoperiods of sevenSeven (7) consecutive days per month -No Permit Necessary -Town Notification Required * event the event or»anizer must submit for review the foil jwing: 1.Event site plan showing location of outdoor activities,signage,etc. 2.Dates and times the event will be held. 3.Name,address,andphonenumberofresponsibleperson. 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.Structuresshallnotbeoversixfeelinheightor exceed anareaofsixty(60) square feet. 1752356r8 U5225JL9 Signmaynotbeilluminated. Pase 16 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 4.Eachcivicorganizationshallbelimitedtoamaximumsignareaoftwosquare feet. F.Signs fora contractor may be placed ona construction siteif signs meet the following criteria: 1.One contractor signor banner perlot. 2.Subcontractors maynotplace additional signsbutmaybe listed ona main contractor sign. 3.Maximumsize of signshallnotexceedeight(8)squarefeet. 4.Maximum height of five(5)feet. 5.Signmustbelocatedonconstructionsite. 6.Signshallnotbeilluminated. 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 ofa comprehensive sign plan.A directory sign isallowedwiththe following standards: 1.Maximumsignarea of six(6)squarefeet. 2.Maximumheight of six(6)feet. 3.Locatedbehindtherequiredfrontyardsetbacks. 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 districtandshallbelocatedandconstructedthat if itshouldcollapse,itsreclining length would be contained onthe 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. Page 17 of 34 November 1,2012 +7433-5<>t8 1152356.9 Town of Fountain Hills Zoning Ordinance Chapter 6 4.The maximum size of any corporate flags shall not exceed fifteen (15)square feet, withnosingle dimension to exceed six(6)feet. 5.Asign permit is required to display any corporate flagandmustbeincludedas part of thetotal aggregate signarea. 6.Display of theUnitedStatesflagmustmeetallrequirements of theUnitedStates FlagCode,including nationalandlocal lighting standards. 7.Amodelhomethathasa special use permit mayuseflagsinadditiontothe United States flagandState of Arizona flag,inthe following manner: a.There canbeno more than two(2)flagsonthelot of one model home and one(1)flagoneachadditionallotwithamodelhomelocateduponit,not to exceed five(5)totalflags. b.Themaximumsize of anymodelhomeflagshallnotexceedeight(8) squarefeet. c.Modelhomeflagsshallnotbe illuminated. d.Flagpoleshallnotexceedtwenty-five(25)feetinheight. 8.Nosignpermitsarerequiredforflagsunlessotherwisenoted. 9.The maximum size of aUnitedStatesflag,State of Arizona flagorforeign nationalflagshallbesixty(60)squarefeet.ThislimitdoesnotapplytoaUnited StatesflagorState of Arizonaflagflownonanationalorstateholiday. J.Freestandingsignsareallowedasfollows: 1.Freestanding signsshallbe counted asa portion ofthetotal aggregate signarea exceptasoutlinedinparagraph6.08(J)(7)below. 2.Onefreestandingsignisallowedforeachstreet frontage. 3.Maximumarea of fifty(50)squarefeet. 4.Maximumheight of twelve(12)feet(includingbase). 5.All freestanding signsmustbenocloserthanthirty(30)feettoany residential district. 6.Minimum areaoftwo(2)squarefeetof landscaping perone(1)square foot of freestanding signshallbe provided atthebaseofthe freestanding sign. Page 18 of 34 November 1,2012*o -1752356tS Town of Fountain Hills Zoning Ordinance Chapter 6 7.Shared Monument Signsare permitted insign districts asfollows: a.Sign District Formation:Asign district may formto 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 tothe Zoning Administrator and where the Zoning Administrator has approved theformation of thedistrict. 1.Membership Change:If sign membership changes,the sign district shallfilea written notification of membership change andan amended sign district agreement with the Zoning Administrator. Where a sign district member moves out of thesign 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 thesign dedicated tothe vacating signdistrict member shallbe maintained with a blank panel. 2.District Dissolution:If asign district is dissolved,the property owner(s)of the business block who were participants inthesign district shallbe 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)daysfromthe date of dissolution of theoldsign district;or ii.The property owner uponwhose property theshared monument signis located assumes complete control over the shared sign monument. b.Limitations on Shared Monument Signs: 1.Height Restrictions: i.Wherethesign district contains fourorfewer businesses, the maximum height of the monument signshallbesix(6) feet. ii.Where thesign district contains fiveormore businesses, the maximum height of the monument signshallbeeight (8)feet. 2.Width maynot exceed four (4)feet. 3.Thearea of thesignshallnotexceedtwenty-four(24)squarefeet. 4.Sign Placement: Page 19 of 34 November 1,2012 -1-74335678 1152316.9 Town of Fountain Hills Zoning Ordinance Chapter 6 i.Signs maynotbe placed within the public right-of-way. ii.Signs mustbeat least one hundred fifty(150)feetaway fromany other type of monument sign. iii.Signs must notbe placed ina manner that obstructs the vehicular sight linesandroad "clear zones"established by the Town Engineer in accordance withtraffic engineering standards. 5.The Zoning Administrator or authorized designee mayonly approve the placement of a shared monument signina manner otherthanas required bythis paragraph if avariancehasbeen grantedpursuanttoSection2.07 of thisZoningOrdinance. 6.A minimum of two(2)square feet of landscaping perone(1) squarefoot of thesignshallbeprovidedatthebase of theshared monument sign. c.Inlieu of the formation of asign district by business owners,oneormore owners of contiguous propertythatcontainsmorethanone(1)business addressmaysubmitan application forashared monument sign. 8.Subdivision Identification Signsare allowed asfollows: a.Style,HeightandArea.Subdivisionidentificationsignsshallbe monumentsignswiththefollowinglimitations: 1.Maximum height shallbesix(6)feet. 2.Maximum areashallbe twenty-four (24)squarefeet. 3.Maximum of one(1)signlocatedateachstreetaccesstothe identified subdivision. 4.Signtextshallbelimitedtothename of thedevelopmentor subdivision. b.Sign Placement: 1.Signshallnotbelocatedwithinthepublic right-of-way withoutan encroachment permit. 2.Signshallnotbelocatedsoastoobstructvehiclesightlinesand road "clear zones"established bytheTownEngineerin accordance with traffic engineering standards. Page20 of 34 November 1,2012 «3-56r8 Town of Fountain Hills Zoning Ordinance Chapter 6 c.Landscaping: 1.Minimum of two(2)squarefeet of landscape areaperone(1) squarefoot of signareashallbe provided atthebase of thesign. 2.Landscaping may be occasionally changed,butshall always be maintained ingood condition bythe property owner. d.Lighting: 1.Thetextarea of thesignmaybe back-lit suchthatthesource of illumination isnot visible;provided,however,that back-lit non opaque panelsarenot permitted. 2.The text area of thesignmaybe illuminated byfullyshielded ground mounted directional lighting. K.Fuelpricesignsareallowedasfollows: 1.Fuelpricesignsshallbecountedasaportion of thetotalaggregatesignarea. 2.One freestanding fuelpricesignis allowed perstreetfrontage. 3.Maximum area of twelve (12)square feetpersign. 4.Maximum height of five(5)feet. 5.Minimumarea of four(4)squarefeet of landscapingperonesquarefoot of freestandingsignshallbeprovidedatthebaseofthe freestanding sign. L.Future Development Signs announcing the proposed development of property priorto issuance ofabuildingpermitforthepurpose of displayingthenameoftheproject, contractors,architectandanyadditionalinformationpertainingtothesiteonwhichthe signsare located are allowed in accordance withthe following: 1.Maximumsizeshallnotexceedthirty-two(32)squarefeet. 2.Signshallnotbe illuminated. 3.Signmaybedoublefaced. 4.One(1)signpereachstreetonwhichthedevelopmenthas frontage. 5.Maximumheightshallnotexceedsix(6)feetforallsigns. 1752356r8 1752356.9 Page 21 of34 November1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 6.Suchsignsmaybe maintained foraperiodnottoexceedtwelve(12)monthsprior to obtaining building permitsfora development andmustberemovedupon issuance of thefirst Certificate of Occupancy fora structure onthe property. 7.Asign permit mustbeobtainedpriortolocatingthesignonthesite. M.GarageSaleSignsare allowed asfollows: 1.Garagesalessignsmayonlybeusedforgaragesales,yardsalesandcarportsales as outlined in Section 8-3-3 of the Town Code. 2.Garagesalesignsmustbeplacedatleast enethree (4-2)foetfeet behindthecurb. Ifnocurbispresent,signsshallbelocatedatleastthree(3)feetfromtheedgeof thepavedportion of thepublic right-of-way.Garagesalesignsshallnotbe placed on sidewalks orwithinthecenter medians that divide portions ofpavedor unpaved roadways. 3.No garage salesign shall be permitted withintheShea Boulevard public right-of- way. 4.Nogaragesalesignshallbe located within three hundred (300)feetalongthe sameroadway,asmeasuredalongthepublicright-of-wayline(s),asanothersign bearingthesameor substantially thesame message. 5.Thereshallnotbemorethanfive(5)garagesalesignstoanydestination. 6.Garagesalesignsmayonlybe displayed between sunrise and sunset.Signs remaining in public rights-of-way after sunset,or placed in rights-of-way priorto sunrise,shallbe subject to confiscation and destruction bytheTown. 7.Maximum sizeshallnot exceed four and one-half (4.5)square feet. 8.Maximumheightshallnotexceedthree(3)feet. 9.Signs may onlybe constructed of wrought iron,sheet metal,plastic orof 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,busshelterorany structure withinthe public right-of-way. N.MenuBoardsorientatedtothedrive-throughlane for abusinessareallowedas follows: 1.Menu boardsigns shall becountedasa portion ofthetotal aggregate sign area. 2.One freestanding orwall mounted menu board is allowed per business. 4-7-52356.8 J1523.5A9 Page22 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 3.Menu board signs must be located nolessthan forty-five (45)feetfromany street property line. 4.Maximum area of twenty (20)square feet. 5.Maximum height of five(5)feet. 6.Minimumarea of four(4)squarefeet of landscaping peronesquarefool of freestanding signshallbe provided atthebase of the freestanding sign. 7.Speaker boxesandLEDboxesare allowed asfollows: a.Maynot exceed thirty-six (36)cubic feetandfour(4)feetin height. b.Maynot contain advertising of anykind. c.When installed separately from menu board,speaker boxandLEDbox signareawillbe calculated in addition tototal aggregate signarea. 8.Placement of menuboards,speaker boxesandLEDboxesmustmeetthe following guidelines: a.Cannot be visible fromany public street oralley. b.Mustbeatleastone hundred fifty (150)feetfromany residential zoning district orbefully screened from residential viewbya masonry wall. 0.Multi-Tenant Building Identification Signsare allowed asfollows: 1.Signshallbeawallsignandshallidentifyonlythebuildingorcomplex. 2.The maximum number of signsforeach building shallbeonesign. 3.Signshallbeplacedonthewall of thebuildingwithmajorstreetfrontage. 4.Maximumarea of signissix(6)inchesperlinealfoot of buildingwallwitha minimum of twenty-four(24)squarefeetandamaximum of forty(40)square feet.Linealfootage of buildingisdeterminedasdefinedinsubsection6.08(A). P.NeonSignsare allowed onlyasfollows: 1.Limitedtointeriorwindowdisplayonly(maynotbeusedonexterior of building}. 2.Thetotalamountofneonsignageforanyonebusinessshallbesix(6)square feet. 3.Nomorethantwo(2)neonsignsshallbe allowed foranybusiness. 1-7-52346.8 J15235A9 Page23 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 Q.OpenHouse Directional Signsare allowed onlyasfollows: 1.Open house directional signs shall beused only to direct traffic toa residence for sale,lease or rent. 2.Maximum number of directional signs for each residence forsale,lease orrent shallbefive(5). 3.Maximum area for each sign shall besix(6)square feet. 4.Nosign may be greater than twenty-four (24)inches wide and thirty-six (36) inches tall. 5.Signsshallnotbe illuminated. 6.Sign must contain a directional arrow. 7.Signsshallbeplacedatleast enethree (4-2)foetfeet behindthecurb.Ifnocurbis present,signsshallbelocatedatleastthree(3)feetfromtheedge of thepaved portion of thepublicright-of-way.Nosignisallowedonsidewalksorwithinthe center medians that divide portions of paved or unpaved roadways. 8.Nosignshallbeplacedwithinonehundredfifty(150)linearfeet of theShea Boulevard public right-of-way. 9.Signsmustbemadebyaprofessionalsigncompany. 10.Signsshallnotbelocatedwithinonehundred(100)linearfeet of anysign advertising thesamelocation. 11.Signplacement,otherthanasdescribedabove,maybeapprovedbytheZoning Administrator or authorized designee. R.Exceptforthoseareasdesignatedas"signfreezones"bytheTownCouncilin accordancewith Ariz.Rev.Stat.§16-1019(F),asamended,politicalandideological signsare permitted in commercial zoning districts,subjecttothesize limitations ofthe applicable zoningdistrict,butshallnotbe counted againstthetotal allowable sign area. In residential zoning districts,political and ideological signsmaybe located insuchareas within the following parameters: 1.Maximumaggregatesize,perindividualcandidateorballotissue,shallnot exceed sixteen (16)squarefeetonany residential lotorparcel. 2.Maximum lengthshallnot exceed six(6)feet. 3.Maximumheightshallnotexceedfourand one-half (4.5)feet. Page 24 of 34 November 1,2012 52346t8 Town of Fountain Hills Zoning Ordinance Chapter 6 4.ExceptasotherwisepermittedbyStateLaw,nosuchsignorportion of thesign maybelocatedinorprojectintoapublic right-of-way. Political signs shallbe removed within fifteen(15)days after the election or referendum forwhichthesignswereposted.Candidatessuccessfulinaprimaryelectionare permittedtoleavetheirrespectivepoliticalsignsinplaceuntilten(10)daysafterthe general election,or if necessary,untilten (10)days after a run-off election. S.Projecting Signs are allowed only as follows: 1.Mustbeincludedinthetotal aggregate squarefootage. 2.Shallonlybe permitted if signs are affixed toa building. 3.Shallnotexceedthreeand one-half (3.5)feetinwidthormorethansix(6)feetin height. 4.Shallbe located so that the bottom of the sign isnotless than eight (8)feetfrom the ground. 5.Shallrequirebotha Town signpermitand,if encroaching overanabuttingTown right-of-way line,a revocable Town encroachment permit or other Town Council-granted authorizations in forms approved bythe Town Engineer andthe Town Attorney. T.Real Estate Signs are allowed as follows andare exempt fromthetotal aggregate signage: 1.Realestatesignsmayonly advertise thesale,leasing or renting of abuilding, dwelling,suite,property,or other forms of real estate. 2.Realestatesignsmustbe non-illuminated. 3.Maximum sign area of six(6)square feet. 4.Maximum height of five(5)feet. 5.Signsmustbemadebya professional sign company. 6.No A-Frame signs allowed. 7.Signsmayonlybe placed on property thatisforsale,leaseorrent. 8.Maximum number of signs allowed isone(1)perstreetfrontage. 9.Signsmustberemovedwhenthepurposeforwhichthesignwaserectedis complete. 175235&8 1752356.9 Page 25 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 10.Sign placement,otherthanas described above,maybeapprovedbytheZoning Administrator or authorized designee. U.Special Event Signage is allowed as follows: 1.Asign placement plan detailing thesize,location,andtiming of proposed signsto beusedfora special event shall be presented with the special event permit application. 2.Thesesignsshallbeplacedonly after aspecialevent permit hasbeenissuedby the Town and must be removed within twenty-four (24)hours after the conclusion of the event. 3.The regulations inthis chapter maybewaivedbythe Town Councilforspecial event sign placement,size,and timing. V.Under-Canopy Signs are allowed asa part of a comprehensive signplanandmustmeet 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 underan overhanging canopy or fascia perpendicular tothefront of the tenant's frontwall space. 3.Maximum signwidthshallnot exceed twenty-four (24)inches. 4.Maximum signheightshallnot exceed twelve (12)inches. 5.Minimum clearance shallbenotlessthan eight (8)feetsix(6)inches fromthe bottom of thesigntothe sidewalk orsurface beneath thesign. 6.Innocaseshallanyobject,banner,signor other materialbeattachedto,orhung fromthesign. 7.Nounder-canopysignshallbemountedinamannerthatwillimpedepedestrian or vehicular visibility or create any hazard. 8.Thesignareaforthefirst under-canopy signshallbeexcluded from thetotal aggregatearea of acomprehensivesignplan.Businesseswithmultiplepublic entrancesmaybeallowedoneadditionalunder-canopysign,subjecttoproperty ownerandTownapproval,butthesignarea of thesecondunder-canopysignwill be countedasapart of the business's totalaggregatesignarea. 9.Under-canopy signsonpropertyunderunifiedownershipandcontrolshall be consistent in appearance. •1^742456t8 125225&2 Page26 of 34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 W.Wall Signs countasapartofthe total aggregate signage andare allowed as follows: 1.One square foot pereach lineal foot of building frontage.Frontage is determined bythe measurement of the portion ofthe building facing the street not to exceed aggregate square footage allowed.Corner buildings may include two street frontages ifthe frontages arejoinedatan 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%)ofthe portion ofthelot's total signarea allocation thatisderivedfromthebuildingfrontageonthatstreet.Building frontages that contain angles oflessthan forty-five (45)degrees or between ninety (90)and one hundred eighty (180)degrees shall be considered tobeone frontage. 2.Sign area must allow a minimum two (2)foot border from edge of the building or suite frontage,ora 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 itis attached. 4.Reverse pan channel letter with halo illumination must not exceed a one and three-quarter (1.75)inch separation from thewall. 5.Inthe C-2,C-3,and TCCD zoning districts,a secondary entrance wall sign is allowed in addition to total aggregate signareaifthe following criteriaare met: a.Wall sign areas shall not exceed 25%of primary total aggregate sign area. b.Secondary entrance mustnotbe visible from main public entrance. c.Secondary entrance must face arear parking area,common area or public use frontage. X.WindowSignsareallowedasfollows: 1.Except for neon signs as permitted in paragraph 6.08(P)of this Zoning Ordinance, window signs do not count as part ofthe total aggregate sign area. 2.Maynotexceed50%ofwindowarea. 3.Window signs shall be prepared bya 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. +7-52356:8 JLZ5_23_5JL2 Page 27of34 November 1,2012 Town of Fountain Hills Zoning Ordinance Chapter 6 2.The combination of window decoration/painting coverage andsignagemustnot exceed 75%of window area. 3.Window decoration shallnotcontainanyform of advertising copy,including but notlimitedto,name of business,logoorsalelanguage. 4.Sign permit isnot required. Z.Comprehensive SignPlansshallmeetallsign criteria of theTown.Thefollowing elements are required for approval: 1.Name,address and phone number of property owner or designee. 2.Written text clearly outlining thesignplanto include all suites,offices or other leased/leasable space. 3.Name and address of property forwhichthe comprehensive signplanis designated. 4.Design criteria allowed for signage (i.e.colors,installation method,materials, type of signage,etc.).Ifitisthe intention of the property owner toallow Nationally Recognized Registered Logos,this must be specified intheplan. 5.Siteplan showing alllot dimensions,suites,offices orother leased/leasable space and proposed/existing signage placement (drawn to scale). 6.Elevations showing proposed sign envelopes. 7.Linealfootage of building(s)as outlined in subsection 6.08(A). 8.Allocation chart showing allowable squarefootageforeachsuite,officeorspace number. 9.Comprehensive signplan amendments mustbemadein writing and submitted, reviewedand approved bythe Zoning Administrator or authorized designee. 10.Comprehensive signplan approval/denial maybe appealed totheTownCouncil. A A.Street Addresses: 1.Everybuildingorgroupofbuildingswithinanycommerciallyorindustrially zonedareamustbe identified byastreet number thatisclearlyvisiblefromthe adjacentstreet.Thissignshallnotbecomputedaspartofthetotalsignarea permitted foranysiteor business. Page28 of 34 November 1,2012 4752356.8 1752356.9 Town of Fountain Hills Zoning Ordinance Chapter 6 2.The street number (or number range)of the businesses or business complex identifiedona monument signshallbe displayed atthetop of thetextarea of the monument signandshallnotbe computed aspart of the aggregate signarea. BB.SignWalkers,in commercially zoned districts only,subject tothefollowingtime,place and manner limitations: 1.Iflocatedwithinthe right-of-way,asign walker shallbe positioned behindthe curbor.if nocurbis present,ten (10)feetbehindtheedge of pavement. 2.SignWalkersshallnoterectorplace tents,temporary structures,umbrellas,chairs orstoolsanywherewithinthepublicright-of-wayoradjacentproperty. 3.Signshallnotbepositionedsoastoobstructvehiclesightlinesandroad"clear zones"establishedbytheTownEngineerinaccordancewithtrafficengineering standards. 4.Signwalkersshallnotobstructthefreemovementofpedestrianson sidewalks. 5.Signwalkersarenot allowed inthemedians of publicorprivatestreets. 6.Thesignworn,heldorbalancedbyasignwalkershallbeamaximumoffive(5) squarefeetinsizeandmaybedoublesided. CC.Electronic MessageCenter:Signswithintermittent,scrollingorflashing illumination, including electronic message center signs,are permitted in Commercial and Industrial zoning districts only;provided,however,that churches and schools may display suchsignsin residential districts.Allelectronicmessagecentersignsaresubjecttothefollowing: 1.Signs mustbe on-site. 2.Thereshallbenomovingorflashinggreenorredfeaturesthatcouldbemistaken as traffic control devices. 3.Intermittent Changes: a.Any changes tothe face orcopyofthesignmust have a minimum ofeight (8)secondinterval between changes. b.Any changes tothe face orcopyof the signmuststopat 10:00 p.m., except fortimeand temperature. c.After 10:00 p.m.,thebackgroundmustbedarkerthanthetext. Page 29 of 34 November 1,2012 1752356.9 Document comparison by Workshare Compare onMonday,October 22,2012 6:50:43 AM Input: Document 1 ID interwovenSite://GRPHX SQL/Phoenix/1752356/8 Description #1752356v8<Phoenix>-CODE -ZOCH6 Sign Regulations v8 (AJM 10/1/12) Document 2 ID interwovenSite://GRPHX SQL/Phoenix/1752356/9 Description #1752356v9<Phoenix>-CODE -ZO CH6 Sign Regulations v9(AJM 10/22/12 -Post P&Z) Rendering set Standard Legend: Insertion Deletion Moved from Moved to Style change Format change ieletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 20 Deletions 22 Moved from 0 Moved to 0 Style change 0 Format changed 0 Total changes 42 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING &ZONING COMMISSION JULY 12,2012 Chairman Lloyd Pew opened the session ofthe Planning andZoning Commission at6:31p.m.The following Commissioners were present:Chairman Lloyd Pew,Vice-ChairmanAngela Strohan, Commissioners Stan Connick,Richard Turner,Mike Archambault and Gene Slechta,[and one open Commissioner's seat].Alsoin attendance were Paul Mood,Directorof Development Services,Robert Rodgers Senior Planner,and Janice Baxter Executive Assistant and Recorder oftheMinutes. Emails were forwarded tothe Planning andZoning Commissioners fortheir consideration.Please refer to Exhibits "A"and "B"attached. Chairman Lloyd Pew requested participation inthe Pledge ofAllegiance and a moment ofsilentreflection. ROLL CALL: Chairman Lloyd Pew present Commissioner Stan Connick present Commissioner Mike Archambault present Commissioner Angela Strohan present Commissioner Richard Turner present Commissioner Gene Slechta present One Open Seat CALL TO THE PUBLIC No one wished to speak. REGULAR AGENDA AGENDA ITEM #1-CONSIDERATION of APPROVING the Regular Session meeting minutes ofthe PlanningandZoning Commission fromThursday,JUNE 28,2012. Commissioner Gene Slechta MOVEDto APPROVE theregular session meeting minutesforthePlanning andZoningCommissiondated June 28,2012.CommissionerStanConnick SECONDED.A roll call was taken and the MOTION CARRIED 5 ayes and 1 abstained),by those present. Commissioner Richard Turner aye Chairman Lloyd Pew aye Commissioner Stan Connick aye Commissioner Angela Strohan aye Commissioner Gene Slechta aye Commissioner Mike Archambault abstained Page 1 of 13 AGENDA ITEM #2 -PUBLIC HEARING to receive comments on a text amendment to Chapter 6.Signs of the Zoning Ordinance of the Town of Fountain Hills.If adopted,the amendment revises large portions of the Town's regulations regarding commercial signage.Case Number Z2012-01;Ordinance Number 2012-01 and Resolution Number 2012-20. Robert Rodgers SeniorPlannergavethe presentation and included a PowerPoint Presentation fSee Exhibit "D"]'l In instances where the committee has recommended a proposed amendment that staff disagrees with,it has been noted and will be explained further under the Staff Recommendations section of this report. Thesectionsbeing amended are as follows: Section 6.03-Department namechangeto Development Services. -Add thata sliding plexi-glass facechangedoesn'tneeda permit. -TakeoutSectionBthatisa hold-over from thedistantpast.The town doesnotissue stickersfor signs anymore,exceptforA-Frames. Section 6.04 -Delete Section C because it is a redundancy.The two previous sections say the same thing. Section 6.05 -Town Council recently adopteda revised penalty section intothe Town Code which allows for criminal penaltiesinsome cases of multiple andrepeatedcode violations.This change just makes this section consistent withthat. Section 6.07.F -Thisistomakeitconsistent with theproposed changes totheA-Framesection. Section 6.07.1.4 -This change is being made to make this section consistent with a new section being proposedregarding Electronic MessageSigns.(SeeStaffrecommendations below) Section 6.07.1.5 -Thischangemakesthissectionconsistent with the definitions ofthesetypesofsignsas well as some later sections of the ordinance. Section 6.07.1.9 -Deleted because itisnowcoveredbysection5. Section 6.07.J -Clarification that ALL signsdon'tnecessarilyhavetobere-done.Only thesignsthat don't meet the regulations. Section 6.07.M -This amendment istokeepthissectionconsistent with some latersections. Mr.Rodgers focused on the following sections since the previous revisions are mostly administrative changes. Section 6.08 -Index Table amended toreflectthe changes withinthe ordinance.The changes include re-numbering,including new sections aswell as afewpreviouslymissingsections,and re-organizing the index. Section 6.08.B A-Frame Signs Proposed changes tothe A-Frame regulations are: Allow businesses whichfronton more than one street to have more than one A-Frame.(1 per street front)Rather than only1 sign each as itisnow. Allow A-Frame signs tobeplacedwithinthepublicright-of-waydirectlyinfrontofthe business within 1'of the curb. Delete the section that says A-Frame signs can't be used for directional purposes.(The "no arrow"clause) Remove the text area limitation since the sign's size already limits what can be on it. Paae2of 13 -Require A-Frame signs with attachments like balloons tobe3'back fromthe curb. -Change the sunset clause date toreflecttheTownCouncil's last extension. Section 6.08.D Event Banners Proposed changes tothe Banner regulationsare: -Allowing GrandOpening banners tobeupfor30daysratherthan14. Delete Section 2to reflect actual practice.The displays generally stayupforthe duration ofthe event andare rarely taken in attheendofeachdayand brought out again the following morning. -A clarification thatthe measurement ofa balloon's height is from the ground,not from the top of the sign. -Allow event displays for 3daysper week rather than the current allowance of3days (60 hours) per month. (See Staff recommendations below) •Section 6.08.D Banners Staff does not support allowing banners to be erected for three days per week, every week.Staff feels that such a regulation change will lead to excessive sian clutter.Staff also believes that the three-dav/week limit would become virtually unenforceable.Staff recommends that the recommendation to allow banners to be displayed three-davs per week be denied. Section 6.08.F Contractor Signs This change would allow contractors to put upa banner instead ofa hard sign when they are workingonsite. (See Staff recommendations below) •Section 6.08.F Contractor Signs Staff does not support allowing contractors to put up banners instead of a hard signs when thev are working on site.Staff has had no requests from contractors for this amendment and we believe that such a change will lead to visual clutter, especially in residential neighborhoods.Staff recommends that this amendment be denied. Section 6.08.J Freestanding Signs The changes makethissectionconsistent with therestoftheordinance which waschangedin 2009. New Sub-Sections7and8are being added.Thesearesectionsthatwere previously stand-alone sections CCandEEbutthereviewcommitteefeelsthattheyarevariationsoffreestandingsigns and so shouldbemovedtothisSectionJtomakethings simpler fornew businesses lookingfor information.The contents of these sections are not changing. Section 6.Q8.M Garage Sale Signs The amendments tothis section are designed to make them consistent withthe A-Frame regulations being proposed.The committee felt that a maximum size issufficient and that a Minimum size was not necessary.The section adds corrugated plastic as an alternative material as well. Section 6.08.P Neon Signs Allow neon signs to be used for any signage rather than just OPEN signs or company logos in storefront windows. (See Staff recommendations below) Page3 of 13 Section 6.08.P Neon Signs The current ordinance allows neon signs to be used as OPEN signs or company logos in storefront windows only.Staff does not support the amendment to allow for increased neon signage,for any type of sign.Staff feels that such signage is not in keeping with the southwestern stvle of commercial development that is encouraged through Concept Plan Review and Architectural Design Review.Staff recommends that this amendment be denied. Section 6.08.Q Open House Directional Signs The changes will make thissection consistent withtheReal Estate Sign,theA-FrameSign,and Garage Sale Sign sections ofthe ordinance.The committee also thought that limiting the size of thesignissufficient and that limiting thetext area was not necessary.The committee is proposing removing the spacing requirement from street corners when signs don't present a safety hazard.However the signs maynotbe clumped all together. Section 6.08.R Political &Ideological Signs These changes are being made tobring the Town's ordinance into conformance with State law. Political Signs are goingto be bigger and must nowbe permitted tobeinthepublicright-of- ways. Section 6.08.S Projecting Signs The current ordinance effectivelyblocks most uses of these sign types.The proposed changes relax the rules and willallowfor these signs tobe used more often when appropriate. Section 6.08.T Real Estate Signs Real estate signs bytheir nature are "portable".This section is proposed tobemodifiedtoclarify thattheymaynotbe A-Frames Signs. Section 6.08.V Temporary Signs (Section Deleted) The committee feels that this section is redundant since the rules for the various types of "temporary"signs are already outlinedin other sections. Section 6.08.AA LodgingDistrict Signs (Section Deleted) This section is deleted because the committee feels that Lodging districts require signage just like other commercial developments.Restricting these areas toonly one freestanding sign was feltto betoo prohibitive. Section 6.08.BB Comprehensive Sign Plans (Section moved to 6.08.Z) The change issimplya re-numbering ofthe section. Section 6.08.CC Shared Monument Signs (Section moved to 6.08.J) As noted earlier,this section is proposed tobe moved to 6.08.J.7 butnot changed. Section 6.08.DP Street Addresses (Section moved to become new 6.08.AA) The change issimplya re-numbering ofthe section. Section 6.08.EE Subdivision Identification Signs (Section moved to 6.08.J) As noted earlier,this section is proposed tobe moved to 6.08.J.8 butnot changed. Section 6.08.FF Sign Walkers (Section movedto become new 6.08.BB) ThecommitteeproposalistoallowsignwalkersanydayoftheweekratherthanonlyonFridays and Saturdays. (See Staff recommendations below) Page4 of 13 Section 6.08.P Neon Signs The current ordinance allows neon signs to be used as OPEN signs or company logos In storefront windows onlv.Staff does not support the amendment to allow for increased neon signage,for anv type of sign.Staff feels that such signage is not in keeping with the southwestern style of commercial development that is encouraged through Concept Plan Review and Architectural Design Review.Staff recommends that this amendment be denied. Section 6.08.Q Ooen House Directional Signs The changes will make thissection consistent withtheReal Estate Sign,theA-FrameSign,and Garage Sale Sign sections oftheordinance.Thecommitteealsothoughtthat limiting thesizeof thesignis sufficient and that limiting thetext area was not necessary.The committee is proposingremovingthe spacing requirement from street corners when signs don't present a safetyhazard.However the signs maynotbe clumped all together. Section 6.08.R Political &Ideological Signs These changes are being made tobringthe Town's ordinance into conformance with State law. PoliticalSigns are goingtobebiggerandmustnowbe permitted tobeinthepublicright-of- ways. Section 6.08.S Projecting Signs The current ordinance effectively blocks most uses of these sign types.The proposed changes relax the rules and will allow for these signs tobe used more often when appropriate. Section 6.08.T Real Estate Signs Real estate signs bytheirnature are "portable".Thissectionis proposed tobemodifiedto clarify thattheymaynotbe A-Frames Signs. Section 6.08.V Temporary Signs (Section Deleted) The committee feels that this section is redundant since the rules for the various types of "temporary"signs are already outlinedin other sections. Section 6.08.AA Lodging District Signs (Section Deleted) This section is deleted because the committee feels that Lodging districts require signage just like othercommercial developments.Restricting these areas toonly one freestanding signwasfeltto betooprohibitive. Section 6.08.BB Comprehensive Sion Plans (Section moved to 6.08.Z) The change issimplya re-numbering ofthe section. Section 6.08.CC Shared Monument Signs (Section moved to 6.08.J) Asnotedearlier,this section is proposed tobemovedto6.08.J.7butnot changed. Section 6.08.DP Street Addresses (Section moved to become new6.08.AA) The change issimplya re-numbering ofthe section. Section 6.08.EE Subdivision Identification Signs (Section moved to 6.08.J) As noted earlier,this section is proposed tobe moved to 6.08.J.8 butnot changed. Section 6.08.FF Sign Walkers (Sectionmovedto become new 6.08.BB) The committee proposalisto allow signwalkersanydayoftheweekratherthan only on Fridays and Saturdays. (See Staffrecommendationsbelow) Page4 of 13 uie sign uruinance as recommenaeo Dy me oign rceview oomminee. Page5 of 13 Audrie Ovellette,owner of"Little Caesars Pizza"on Palisades Boulevard,supported the sign ordinance as proposed and supported allowingsignwalkersduringtheweek. PublicHearing Closed at 7:00 p.m. AGENDA ITEM #3 -CONSIDERATION of a TEXT AMENDMENT to Chapter 6.Signs of the Zoning Ordinance of the Townof Fountain Hills.If adopted,the amendment revises large portions ofthe Town's regulations regardingcommercialsignage.CaseNumber Z2012-01;OrdinanceNumber 2012-01 and Resolution Number 2012-20. Chairman Lloyd Pew proposed tomakeamotionandif seconded,each item will be opened separately for comments and discussion. Chairman Lloyd Pew made a MOTION to forward arecommendationtotheTownCouncilto APPROVE thetext amendments totheZoningOrdinance,Chapter 6,"Signs"as presented withthe amendments recommended bystaff.Vice-Chairman Angela Strohan SECONDED. Chairman Lloyd Pew requested any comments andopen discussions onthisitemfromthe Commissioners. Section6.03-Department name change toDevelopment Services. -Add that asliding plexi-glass face change doesn't need apermit. -Take out Section B that isa hold-over fromthe distant past.The town does not issue stickers for signs anymore,except for A-Frames.-NO COMMENTS/NO QUESTIONS Section6.04-Delete Section C because itisa redundancy.Thetwo previous sections say the same thing.NO COMMENTS/NO QUESTIONS Section6.05-TownCouncilrecently adopted arevisedpenaltysectionintotheTown Code which allowsforcriminal penalties in some cases ofmultipleand repeated code violations.This change just makes this section consistent withthat. Commissioner Gene Slechta stated he proposed an increase inthe penalty amounts because businesses continue to be a "signage"enforcement issue dueto and their lack of compliance.An increase inthe cost of violations would hopefully give businesses an incentive to comply with the Town'sZoningOrdinance.Commissioner Slechta pointed out the our town has one of the most lenient rules compared to most of the valley municipalities,so Commissioner Slechta was proposing stiffer penalties. Vice-Chairman Angela Strohan asked Mr.Rodgers how theTownCouncil wished to proceed with this issue.Mr.Rodgers answered that as of thisdate,theTown Council understood that staff was not enforcing the sign ordinance unless theviolation became a safety hazard.Mr.Rodgers added that when this issue comes to the Town Council at public hearing,staff will recommend that all citizens and businesses understand that the Zoning Ordinance would be enforced. Commissioner Richard Turner asked if staff would be proactive inits enforcement.Mr.Rodgers answered that not at first Safety issues would be handled first and then staff would proactively enforce the ordinance as time and resources permits. Commissioner RichardTurner asked whatthe penalties were currently.Mr.Rodgers answered thattherewasathree step process thatbeganat $25.00,then$50.00andthelast step inthis penalty phase was $100.00. Page6 of 13 Commissioner Gene Slechta pointed out that approximately 4-years ago the Town created a sign committee madeupofmostlybusiness owners.Commissioner Slechta continued thatseveral changes were made tothe ordinance andstill there was only 10%compliance with the business owners.Commissioner Slechtanoted that Town Council has made apleatothebusiness owners tocomeintocompliance so the sunset clausecouldpossiblybe eliminated.The Town Council's request stillwasnot heard with 85%ofbusinessesin Town outof compliance.Commissioner Slechta pressed that more teeth neededtobeplacedinthe penalty phaseof this ordinance. Commissioner Gene Slechta made a MOTION to amend section 6.05 and increase the penalties to 10timesthe current amounts;confiscate repeat violator's signs;chargebusinessownersfor Town staff time and if there are more than three violations in one year consider cancelling or suspending the violator's businesses license. Chairman LloydPew asked ifanyCommissionerweregoingtoSecond.No second wasmade so the MOTION died for lack of a second. Commissioner Mike Archambault made a MOTION to increase thepenaltiesas follows: Current first offense $25.00 increased to $100.00 Current 2ntt offense$50.00increasedto $500.00 Current 3rd offense $100.00 increasedto $700.00 Commissioner GeneSlechta SECONDED the MOTION.The MOTION passed 5-1,with Chairman Lloyd Pew voting nay. Vice-Chairman AngelaStrohan aye Commissioner Gene Slechta aye Commissioner RichardTurner aye Commissioner Mike Archambault aye Commissioner Stan Connick aye ChairmanLloyd Pew nay Section 6.07.F -Thisistomakeitconsistent with theproposed changes totheA-Framesection.NO COMMENTS/NO QUESTIONS Section 6.07.1.4 -Thischangeis being madetomakethis section consistent with anewsection being proposed regarding Electronic Message Signs.(See Staffrecommendationsbelow) CommissionerGeneSlechtastatedthathebelievedtherewasaroleforelectronic signage and wouldliketoremovethisitemandtakemoretimeto address the use of these signs atalaterdate. Chairman Pew stated that staff has alreadygiventheirrecommendationsandif followed,nothing more needed to be done at this time. Chairman Pew pointed out there was a motion on the table. Vice-Chairman Strohan asked abouttheelectronic message sign attheathleticclubonSaguaro Boulevard and if there had been any fines imposed.Robert Rodgers answered that staff has not been enforcing the sign ordinance.Vice-Chairman Strohan asked ifthat sign would be grandfathered and Mr.Rodgers stated no because itwas not built according toitspermit.Mr. Rodgers added that staff was waiting forthe outcome of this ordinance. Commissioner Gene Slechta stated that the difference between his stance and staff's was that he felt there was a place in our town for these signs and staff didnot.Commissioner Slechta agreed the staff recommendation should stand but wished to have this issue discussed at a later date. Page7 of 13 Section 6.07.1.5 -This change makes this section consistent with the definitions of these types of signs as well assomelatersectionsofthe ordinance.Mr.Rodgers statedthat this item would be eliminated if 6.07.1.4passedbecause 6.07.1.4 and 6.07.1.5 are integrated. Section 6.07.1.9 -Deleted becauseitis now covered by section 5.NO COMMENTS/NO QUESTIONS Section 6.07.J -Clarification that ALL signs don't necessarily have to be re-done.Only the signs that don't meet theregulations.NO COMMENTS/NO QUESTIONS Section 6.07.M -Thisamendmentistokeepthissectionconsistent with somelatersections NO COMMENTS/NO QUESTIONS Section 6.08 -Index Table amended to reflect the changes within the ordinance.The changes include re-numbering,including newsectionsas well asa few previously missing sections,and re-organizingtheindex.NO COMMENTS/NO QUESTIONS Section 6.08.B A-Frame Signs Proposed changes totheA-Frameregulationsare: -Allow businesses which front on more than onestreettohave more thanone A-Frame.(1 per street front)rather thanonly1sign each as itisnow. -Allow A-Framesignstobeplaced within thepublic right-of-way directlyinfrontofthebusiness within 1'of the curb. Delete thesectionthatsays A-Frame signscan'tbeused for directional purposes.(The "no arrow"clause) Removethetextarea limitation sincethesign'ssizealready limits whatcanbeon it. RequireA-Frame signs with attachments likeballoonstobe 3'backfromthecurb. -Section 6.08.D Banners Staffdoesnot support allowing banners tobeerected for three daysperweek,every week.Staff feels thatsucha regulation change will lead to excessive sign clutter.Staff also believes thatthethree-day/week limit would become virtually unenforceable.Staff recommends that the recommendation to allow banners tobe displayed three-days per week be denied. Commissioner Mike Archambault madea MOTION to add thefollowing language toSection6.08.D Banners as follows:Attachments to signs will be limited to balloons no higher than6'fromthe groundandif attachments are used the A-Frame must be set-back so as not to impede pedestrian or motor traffic for a minimum of 3'.Commissioner Gene Slechta SECONDED.The MOTION FAILED with a vote of 3-3.Roll call vote was taken as follows: Vice-Chairman Angela Strohan nay Commissioner Stan Connick aye Commissioner Gene Slechta aye Commissioner Richard Turner nay Chairman Lloyd Pew nay Commissioner Mike Archambault aye Change the sunset clause date to reflect the Town Council's last extension. Commissioner Gene Slechta commented on A-Frame signs being placed within the public right- of-way directly in front of the business within V of the curb.Commissioner Slechta believed that A-Frames should only be allowed In the downtown area as defined in the Area Specific Plan approved by Town Council and located In the part of the community that was walkable and where A-Frame signs are most effective.Commissioner Slechta added that by restricting A-Frames to Page 8 of 13 the downtown area it would reduce possible drivers'distraction on the road.Commissioner Slechta stated that by only allowing A-Frames inthe downtown area it would remove the tacky signs from our Town's gateway,which is Saguaro Boulevard because first impressions from our visitors are very important.Commissioner Slechta expressed that A-Frames were very valuable to the business community but should be restricted to the downtown area. Chairman Lloyd Pew replied that he believes A-Frame signs are very valuable to drivers'and are seen as they drive by. Commissioner Gene Slechta made aMOTIONto amend section 6.08.B to restrict A-Frame signs to the downtown area as defined in the Area Specific Plan.Commissioner Mike Archambault SECONDED and the MOTION FAILED 2-4,as follows: Chairman Lloyd Pew nay Vice-Chairman Angela Strohan nay Commissioner Mike Archambault aye Commissioner Richard Turner nay Commissioner Gene Slechta aye Commission Stan Connick nay Commissioner Gene Slechta stated he opposed the signage at 3'from curb where balloons could blow into the road and be a distraction and a safety issue.It would also be almost impossible to enforce by staff. Commissioner Slechta made a MOTION that 6.08B.5 A-Frames with balloons attached could not beinthe public right-of-way.No Commissioners SECONDED and the MOTION DIED fortack of second. Commissioner Richard Turner asked Mr.Rodgers if the Town Attorney had reviewed this document Mr.Rodgers answered that theTown Attorney was inthe process of reviewing and the document would be returned by Mr.McGuire before theTown Council hearing.Commissioner Turner asked iftheTown Attorney had issues with the right-of-way placement of A-Frames and Mr.Rodgers answered that the Attorney had noted inthe past thathe did have issues withthe liability of signage in the right-of-way. Commissioner Mike Archambault stated that he had completed much research on A-Frame including documents located withinTownHall and his research found that A-Frames were not designed for vehicle traffic but forwalkingtraffic.Commissioner Archambault stated thatthe temporary signage definition of A-Frames does not meet thecriteriafornamesof businesses and phonenumbers.Commissioner Archambault referenced documents hefoundthattalked about the Town responsibility to move traffic throughtownandthe impression and responsibility the town had onmakinga good first impression.Itwasthenthatthe business'responsibility wasto promote their business within the town. Commissioner Mike Archambault pointed out thedefinition listed forA-Frame signs inthecurrent Zoning Ordinance.6.08.4 as stated IA-frame signs shallbeforpromotionalpurposes only,which means that the sign shall serve to stir interest ina business product or special event at the business but shall not serve to provide directions to the businessl.Commissioner Archambault stated he could not support A-Frames in the right-of-way. Chairman LloydPewreferencedahairsalonlocatedbackaway from theroadandhowanA- Frame would benefit that business.Commissioner Mike Archambault could support A-Frames located inthe downtown right-of-way areaonlytohelp those businesses in such areas. Commissioner Slechta discussed the hours that A-Frames are proposed to be displayed.Current ordinanceallows display between thehoursof7:00a.m.until9:00p.m.TheSignCommitteehas Page9 of 13 proposedtoallowthesesigntobedisplayed during theirbusinesshours.Commissioner Slechta notedpossible complications with this proposal and especially,for the enforcement ofthis amendment Commissioner Archambault pointed out the self-service car wash which is open 24- hours,butisnot manned.He continued to state that with this proposed amendment,this car washwouldbeincompliancewithan A-Frame inthe right-of-way 24/7. Section 6.08.D Event Banners ProposedchangestotheBanner regulations are: -Allowing Grand Opening bannerstobeupfor30daysratherthan 14. -Delete Section 2to reflect actual practice.The displays generally stay up for the duration of the event and are rarely taken in at the end of each day and brought out again the following morning. -A clarification that the measurement of a balloon's height is from the ground,not from the top of thesign. -Allow event displays for 3 days per week rather than the current allowance of3 days (60 hours) per month. Vice-Chairman Strohan asked why the Grand Opening banners areproposedtobe allowed for 30-days.Mr.Rodgers explained thatthebusinesseswould like toplace their banners two-weeks beforeand two-weeks aftera grand opening.Also,itbringsthissection in line with churches which areallowedtohavebannersup for 30-days. Commissioner Turner asked Mr.Rodgers if under this new ordinance if tear-drop banners wouldbeallowed.Mr.Rodgersansweredthatonly during some special events. Section 6.08.F Contractor Signs This change would allow contractors to put upa banner instead ofa hard sign when they are workingon site. (SeeStaff recommendations below) Staff does not support allowing contractors to put up banners instead ofa hard signs whentheyare working onsite.Staffhashadno requests from contractors for this amendment andwe believe that such a change will leadto visual clutter,especially in residential neighborhoods.Staff recommends thatthis amendment be denied. Commissioner Archambault asks why banner wasaddedtothe contractor allowed signs. Mr.Rodgers answeredthat banners were cheaper tohavemadeand faster toput up. Commissioner Turner pointed outthatduringhisreviewofsign ordinances in other towns they do allow banners to be used by contractors. Vice-ChairmanStrohan expressed her concern forthe appearances of these banners such asrippingandweather damage.Vice-Chairman askedwhowouldbe tracking thesesigns and Vice-Chairman Strohan pointed outthatwooden signs are less likelytodeteriorate. Commissioner Connick stated thatbannerswereappropriatewhen incorporated onfences and he supported this amendment Chairman LloydPew requested verification thatany contractor couldplacesignage includingadayor week orlongercontractorworkingata residence intown.Mr.Rodgers stated that that was correct. Commissioner Stan Connick made a MOTION to allow contractors to place their banners on property under construction.Commissioner Richard Turner SECONDED the MOTION and passed 4-2,withVice-ChairmanStrohan and Commissioner Archambault casting the nay votes. Page10 of 13 Section 6.Q8.J Freestanding Signs The changes make thissection consistent withtherestofthe ordinance whichwas changed in 2009.NO COMMENTS/NO QUESTIONS New Sub-Sections 7 and 8 are being added.These are sections that were previously stand-alone sections CC and EEbutthereview committee feelsthattheyare variations of freestanding signs andso should be moved tothis Section Jto make things simpler fornew businesses lookingfor information.The contents of these sections are not changing. Section 6.08.M Garage Sale Signs The amendments tothis section are designed to makethem consistent withthe A-Frame regulationsbeing proposed.The committee feltthatamaximum size issufficientandthata Minimum sizewasnot necessary.Thesectionaddscorrugatedplasticasanalternativematerial as well. NO COMMENTS/NO QUESTIONS Section 6.08.P Neon Signs Allow neon signs tobe used forany signage ratherthanjustOPEN signs or company logosin storefront windows. (See Staff recommendations below) -Section 6.08.P Neon Signs Thecurrentordinanceallowsneon signs tobe used as OPEN signs or company logos in storefrontwindowsonly.Staff does notsupportthe amendment toallowfor increased neon signage,foranytype of sign.Staff feels that such signage isnotinkeeping with the southwestern style of commercial development thatis encouraged throughConceptPlan Reviewand Architectural DesignReview.Staff recommends thatthisamendmentbe denied. Staffwould leave P-1 inplace as currently exists.NOCOMMENTS/NOQUESTIONS Section 6.08.Q Open House Directional Signs The changes will make this section consistent with the Real Estate Sign,the A-Frame Sign,and Garage Sale Sign sections oftheordinance.The committee alsothoughtthat limiting thesizeof thesignissufficientand that limiting thetext area was not necessary.Thecommitteeis proposing removing thespacingrequirement from street cornerswhensignsdon'tpresent a safety hazard.Howeverthe signs maynotbeclumpedall together.NOCOMMENTS/NO QUESTIONS Section 6.08.R Political &Ideological Signs These changes are beingmadeto bring theTown'sordinanceintoconformance with Statelaw. Political Signs are goingtobebiggerandmustnowbepermittedtobeinthepublic right-of- ways.NO COMMENTS/NO QUESTIONS Section 6.08.S Projecting Signs Thecurrent ordinance effectivelyblocksmost uses of these signtypes.The proposed changes relaxtherules and will allowfor these signstobeusedmoreoftenwhenappropriate.NO COMMENTS/NO QUESTIONS Section 6.08.T Real Estate Signs Real estate signsbytheirnatureare "portable".Thissectionisproposedtobe modified to clarify thattheymaynotbeA-FramesSigns.NO COMMENTS/NO QUESTIONS Section 6.08.V Temporary Signs (Section Deleted) The committee feels that this section is redundant since the rules for the various types of "temporary"signsarealready outlined inother sections.NO COMMENTS/NO QUESTIONS Page ll of 13 Section 6.08.AA Lodging District Signs (Section Deleted) This section is deleted because the committee feels that Lodging districts require signage just like othercommercial developments.Restricting these areas toonly one freestanding signwasfeltto betooprohibitive.NOCOMMENTS/NOQUESTIONS Section 6.08.BB Comprehensive Sign Plans (Section movedto 6.08.Z) The change issimplya re-numbering ofthesection.NO COMMENTS/NO QUESTIONS Section 6.08.CC Shared Monument Signs (Section moved to 6.08.J) Asnotedearlier,this section is proposed tobemovedto 6.08.J.7 butnot changed.NO COMMENTS/NO QUESTIONS Section 6.08.DP Street Addresses (Section movedto become new6.08.AA) The change issimplyare-numberingofthesection.NOCOMMENTS/NOQUESTIONS Section 6.08.EE Subdivision Identification Signs (Section moved to 6.08.J) As noted earlier,this section is proposed tobe moved to 6.08.J.8 butnot changed.NO COMMENTS/NO QUESTIONS Section 6.08.FF Sign Walkers (Section movedto become new 6.08.BB) The committee proposal istoallowsignwalkersanydayoftheweekratherthanonlyonFridays and Saturdays. (See Staff recommendations below) -Section 6.08.FF Sign Walkers Staff does notsupporttheproposaltoallowSignWalkerstobeoutanyday of theweek. The current ordinanceallowsSign Walkers tobeoutonlyonFridaysand Saturdays.Staff recommends modifying thisproposaltoallowSign Walkers tobeoutonlyon Fridays, Saturdays,andSundays,thereby allowing themthefullweekend. NO COMMENTS/NO QUESTIONS Section 6.08.CC Electronic Message Signs (New Section) Currently thesetypesofsignsarenot allowed exceptforusebyChurchesandSchools. Thecommitteeisrecommendingthat Electronic Message Signsbeallowedforcommercialand industrial uses as well under these listed conditions: o Electronic Message Signs must be on-site. oElectronic Message Signsmaynot resemble traffic signals. oFlashingorchangingtextorgraphicsmuststopat 10:00 PM oToreducenight-timeglare,after10:00PMthebackgroundcolorsmustbedarkerthan the text. Commissioner Gene Slechta would like this item to be discussed since staff has recommended continuing to not allow these signs because he believed there isaplacefor these signs within the community.ChairmanLloydPew answered that this ordinance as discussed should be addressed before a new committee was formed to discuss this issue. Chairman stated that this issue could be added to the list of future items to be discussed. Chairman LloydPewrestatedthe MOTION to forward arecommendationtotheTownCouncilto APPROVE the text amendments to the Zoning Ordinance.Chapter 6.Signs as presented with the amendments recommended by staff,subject to the following changes: 1.Increased penalty amounts for the fines. Page12 of 13 2.To allow Contractor's banners. The MOTION passed 5-1,with Commissioner Gene Slechta casting the nay vote. AGENDA ITEM #4 -COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.Items listed below are relatedonlytotheproprietyof(i)placing such itemsonafuture agenda foractionor (ii) directingstafftoconductfurther research andreportbacktothecommission. NONE AGENDA ITEM #5-SUMMARY OF COMMISSION REQUEST from Senior Planner. NONE AGENDA ITEM #6-REPORT fromSeniorPlanner,PlanningandZoningDivision of DevelopmentServices. Mr.Rodgers reminded the Commissioners whose terms expire on September 30,2012,to submit their reappointment applicationsorletJaniceBaxterknow if theychosenottosubmitfor reappointmentbyAugust20,2012. AGENDA ITEM #11 -ADJOURNMENT. Commissioner Richard Turner MOVED toadjournandVice-ChairmanAngela Strohan SECONDED and the MOTION CARRIED (6-0).by those present. Chairman Lloyd Pew aye Vice-Chairman Angela Strohan aye Commissioner Stan Connick aye Commissioner Richard Turner aye Commissioner Gene Slechta aye Commissioner Mike Archambault aye Theregularmeeting ADJOURNED at7:55p.m. FOUNTAIN HILLS PLANNING &ZONING COMMISSION /ChairmarTLIoyd E.Pew ATTEST CERTIFICATION /Janice Baxter,Recordi7) I hereby certify thatthe foregoing minutes areatrueandcorrect copy ofthe minutes ofthe meeting ofthe Fountain Hills Planning and Zoning Commission held on the 12th day of July 2012,in the Town Council Chambers.I furthercertifythatthemeetingwasdulycalledandthataquorumwaspresent. Dated this 12,hday of July 2012. Janice Baxter,Recorder Page13 of 13 International Sign Association June 26,2012 Fountain Hill Planning &Zoning Commission 16705 E Avenue of the Fountains Fountain Hills,AZ 85268 Re:Proposed textamendment toto Chapter 6,Sign Regulations oftheZoning Ordinance of the Town of Fountain Hills DearPlanning&ZoningCommission: Iam contacting youonbehalfofthe Arizona Sign Association andthe International Sign Association.BothAssociationsareactivelyinvolvedinsignlegislationbyassistingcommunities adoptreasonableandenforceablesigncodes. Ihaveattachedanumber of recommendationsfortheproposedtextamendments.Yourreview ofthese recommendations isimportanttoensurethatFountainHillsadoptsareasonableand legalsigncode. Donot hesitate to contact me with any questions at480-773-3756or james.carpentier(5)siRns.org. Thankyouforyour consideration ofour recommendations James Carpentier AICP Manager of State &Local Government Affairs 480-773-3756 infnlSlairinc r.rrt mmmmmmmmmi Section 6.01 Purpose These Sign Regulations areintendedtoencourage attractive signageforbusinessesandservices, optimizingthe availability ofinformation,whilepromotingthegeneralwelfarebycreatingmore aesthetically appealing community.[ro|enhance and support commerce.|ro|ensure jhat the constitutionally guaranteed right of free speech is protected. Section 6.02 Definitions The following definitions shall apply;interpretationsofthesedefinitionsshallbethe responsibility ofthe TownofFountain Hills Zoning Administrator or authorized designee. Abandoned Sign:Asign that isnolonger associated withthelocation,product oractivity conducted on the premises onwhich the signis located. AdvertisingCopy:Copythatincludes,butisnotlimitedtoinformationsuchasphonenumbers, prices,announcementofsales,businesshours,meetingtimes,individual or specific productor merchandise information,and directional information. AdvertisingSign:Asignwhichincludesanycopy and/or graphicsrelatingtoanybusiness, service,product,person,organization,place,orbuildinginadditiontosimpleidentification. A-FrameSign:Atemporarysignnormally supported byitsownframeinamanner that usually formsan"A"when inuse;also referred toasa "sandwich"or "tent"sign. Animated Sign:Asignwithactualmotion,including lightchangesorcolorchanges,orthe illusion of motion. Awning:Anarchitecturalprojectionorshelterprojectingfrom,or supported by,theexterior wall ofa building andcomposedofacoveringof rigid or non-rigid materialsand/orfabricona supportingframeworkthatmaybeeitherpermanentorretractable,including suchstructures whichare internally illuminatedby fluorescent or other lightsources. Awning Sign:A sign displayed on,orattachedflatagainst,thesurfaceorsurfacesofanawning orany other surfaceattachedtoabuilding that providesshelter. Ballast:Theportionofasignrequiredto operate a fluorescent lamp. Banner:Atemporary sign composedof fabric,plastic,orotherpliablematerialregardlessof shape,onwhichadvertisingcopyorgraphicsmaybedisplayed. Benchsign:Asign painted onoraffixedtoa bench. Billboard:Apermanent off-premise outdooradvertisingsignerected,maintainedorusedfor the purpose ofcommercialor non-commercial messages. Building Mounted Sign:Any sign mounted ontothe vertical surface ofa building;seealso Wall Sign. Business Area:An areadesignatedbythe Zoning Administrator ascontainingaconcentrated group of businesses. Business Block:Aportionofabusinessareaconsistingofatleastthreelots,boundedonall sidesbyapublicright-of-way,alleywayoran adjacent propertyline. Cabinet Sign:Aframe constructed to hold internal components and covered byafacetohold the advertising sign. CanopySign:SeedefinitionofAwningSign. ChangeableCopy Sign:Asignconstructedtohold individual lettersor individual textsections that aremountedinoronatracksystem.ChangeableCopy Signs areusuallyusedasDirectory Signs. Channel Letter:Individual letters constructed to be applied singlyin the formation ofaBuilding Mounted Sign ora Freestanding Sign.Channel lettersmaybe illuminated or non-illuminated. Comprehensive SignPlan:Comprehensive Sign Plansarerequiredin all commercial zoning districtsformulti-tenanted buildings orshoppingcenters.The Comprehensive Sign Plan shallbe Comment [jbcl]:Webelievethatand important function and purpose forasign code is to enhance commerce Comment [jbc2]:We recommend that the protection offree speech isa fundamental requirement forasign code and should be stated in the purpose. reviewed and approved by the Zoning Administrator or designee and conform to the sign regulations contained inthis chapter.A "multi-tenanted building"isabuildingcomplexor center that contains any number of businesses,greater than one,that share the same site,use common points of ingress,and egress toandfrom the site. Copy:The text,graphics or message ofasign. Direct Illumination:Asign that is constructed withalight source that is externally mounted; also referred to as "exterior illumination." DirectionalSign:Asign,supplying pertinent directional information for the purpose of promoting safety and the flowof vehicular or pedestrian traffic. Example ofDirectionalSigns: lENTSft l>n[[ DirectorySign:Asignlisting the names and/or uses,and/or locationsof the various tenants or activities within a building,or ina multi-tenant development,or group of buildings.Directory Signsmaybe constructed as Changeable CopySigns. Electronic Message Center:Asign 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 copyand graphic components of asign. Flag:Afabric sheet of square or rectangular or triangular shape whichis mounted onapole. This includes the United States,State,flagsfor registered corporations and other registered entities,flagsof foreign nations,decorative flags,andflags supporting activities of the Fountain Hills Unified School District. Fascia Sign:Asign,whichis permanently affixedto the horizontal member or surface at the edge of a projecting or slanting roof. Example Fascia Sign SON d ECTfttW r I...... Ttt" -, FlashingSign:Asignwithan intermittent,repetitive or flashing light source. Freestanding Sign:A permanent sign that has its own supporting structure independent of the building or business it identifies. Frontage:Building:The linear measurement ofan exterior building wallor structure that faces the public roadway. Front Lit Letter:An internally illuminated individual letter or graphic component ofasign that has a translucent face. FuelPriceSign:Asign displaying the price(s)offuel. Ground Mounted Sign:A Freestanding Signwithnovisible base. Halo Illumination:Wallor Freestanding Signs having the signlighting constructed so that the lightfortheentiresign,orthelightforeach individual component ofthesign,isdirectedagainst the surface behind the signorsign component,producingahaloeffect. HolidayWindowDecorations:Thedecorativedisplayofholiday themed decorations orwindow painting. Identification Sign:Asignwhich contains only the name of the business,person,organization, place,orbuildingat that location. IdeologicalSign:Asignwhichexpresses,conveys,oradvocatesanon-commercialmessage. Illuminated Sign:Asignwhichis lighted,either externally or internally. InternallyIlluminatedSign:Asign constructed withalightsourcebehindthefaceofthesign. Logo:Agraphicdesign representing a product,identity orservice. MansardRoof:Aroofstylecomposedofacombinationofasteepsemi-verticalplaneconnected toaflatterplane.Anysign proposed forabuildingwithaMansardRoofshallhavethetopofthe signmountednohigherthanthelowestpointofanyportionoftheroofiine. Mansard Fbof ,\ /\/ \ffcJ'slais Ed's Eats o— —- JX MenuBoard:A changeable sign orientated tothe drive-thru laneforabusiness that advertises the menu items or services available from the drive-through window. Mobile Sign:See Portable Sign. Monument Sign:AGroundMountedFreestandingSignidentifyingasubdivisionormultiple- occupancy development suchasashoppingcenter,officebuildingorplannedindustrialpark, whichhasmultiplesuites,officesor tenants.A Monument Signshallbeapartofthesignage regulated bya Comprehensive SignPlan. Example Monument Sign Freestanding Monument Signs a».3! CO!.£' Ol =en! «•>d si SIGN SIGN SIGN SIGN SIGN SIGN SIGN SIGN Height X 0.6 Height x0.4 Maximum Width Multi-Tenant Building Identification Sign:Asignfora 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 toandfrom the site. Neon Sign:Anysign that uses neon,argon or any similar gas to illuminate transparent or translucent tubing or other materials,orany use of neon,argon orany similar gas lighting onor 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 ofasign constructed so that the sidesandbackof the letter are one unit. Parapet:An extension ofa vertical building wall above the lineof the structural roof. Parapet Sign:Asign mounted to the face of a building parapet. Pennant:Any lightweight plastic,fabric or other material,whether or not containing a message of anykind,suspended froma rope,wire or string,usuallyina series and designed tomovein the wind.Pennants must not exceed 12 inches in any direction. Pole Mounted Sign:A Freestanding Sign constructed witha support structure that is more than 10%of the height of the total signandless than 90%of the width of the sign.Thesign support structure shall be included in the sign area computation. Political Sign:Asign which identifies a person,expresses a position,conveys a message concerning,or advocates a position on,the candidacy of a person,party or issue onan upcoming ballot. Portable Signs:Anysign not permanently attached to the ground or other permanent structure, orasign designed tobe transported,including,but not limited to,signs designed tobe 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 Projecting Sign:Asign that extends from a building wall over a property line or right-of-way line. Pylon Sign:See Pole Sign. Real Estate Sign:Asign,attached to the site,advertising the sale,lease or rental of the property or premises on which itis located. Reverse Pan Channel Letter:An individual letter of asign constructed of an opaque material so that the sides and front of the letter are one unit. Roof Sign:Asignaffixedon,above or over the roof ofa building so that it projects above the roofiine.Thetopofa parapet wallshallbe considered the roofiine.The vertical portion ofa MansardRoofshallbe considered the roofiine.Thetopof the faciaofahippedroofshallbe considered the roofiine.Where a parapet wallis combined with a mansard roof,the roofiine shallbe the top of the parapet. Shared Monument Sign:A monument sign displaying (a)the names of participating business within asign district or(b)the names of businesses on property owned by the holder(s)of a shared monument sign permit. Sign:Anyvisual element,orcombinationof elements,includingwordsorsymbols,designedor placedto attract attention orconveyinformation,includinganydeviceprovidingidentification, advertising or directional informationforaspecificbusiness,service,product,person, organization,place,or building.Graphic devicessuchas logos,obtrusivecolored facia or architectural elements,banners,balloons,streamers,inflatable structures,exterior merchandise displays,projected picture signs,holographicprojectionsignsand other attention attracting media and devices. Sign District:Agroupofbusinesseswithinabusiness block,organizedforthepurposeof designingandinstallingnomorethantwosharedmonumentsignstobelocatedwithinthe business block. Sign District Agreement:An agreement between prospectivesigndistrictmembersandthe business block property owner(s)inwhich the shared monument signwillbe erected,containing the name of each business andits owner(s)and the business address and telephone number, andevidencing that thesigndistrict members have agreed tothefollowing: (a)The placement oftheshared monument signwithinthebusinessblock; (b)Ashared monument signmeetingtherequirementsofsubsection 6.08(BB); (c)Theindividualbusinessowners'andpropertyowner'srespectiveresponsibilitiesfor maintenance,removaland alteration oftheshared monument sign;and (d)The individual businessowners'andpropertyowner's responsibilities intheeventthat the sign district is dissolved. SignDistrict Members:Business owners withinasigndistrict. SignWalker:A person,whowears,holdsor balances asign. Temporary Signs:Asignintendedto display either commercial or non-commercial messagesof a transitory or temporary nature.Portable signs,anysignnot permanently embedded inthe ground,orsignsaffixedtoa building,wall,fence,orsign structure for a non-permanent time period,areconsideredtemporarysigns.Anybanner,pennant,poster,balloon,construction sign,winddancer,politicalsignorA-framesignshallbeconsidereda temporary sign. TentSign:A temporary signnormally supported byitsownframeinamanner that usuallyforms an"A"when in use;also referred toasa "sandwich"or "A-frame"sign. Under-Canopy Sign:A sign attachedtotheundersideofacanopy,marquee,cantileveredroof oreaveoranyothersurfacehavinganangleplusorminusfifteen (15)degreesfrom perpendicular toa horizontal overhead structure. WallSign:Asignwhichisfastenedtoanyverticalportionofabuilding;seealso Building Mounted Sign. Window Sign:Anysign,pictures,symbolorcombinationthereof,designedtocommunicate information about anactivity,business,commodity,event,saleorservice that isaffixedto,or locatedwithinanyareathreefeetbehindawindowpane,positionedtobereadfromthe exterior of a building. Section 6.03 Sign Permits;Fees A.Except as provided herein,it shall be unlawful toerect,install and/or modify any sign within the TownwithoutfirstapplyingforandobtainingasignpermitfromtheDevelopmentServices Department."Modify,"asitisusedherein,shallmeananychangeinor to an existing sign,its face,electrical components,design and/or supporting structures.Apermitshallnotberequired forthefollowingsigns;provided,however,that suchsignsshallbesubjecttoanyandall applicable provisions ofthis ordinance,including Zoning Administrator approval when required: 1.Nameplate signs,four (4)square feet orlessin area,whichshall contain the name of the business andmay contain any or allof the following:street address,hours of operation and business logo. 2.Street addresses. 3.Anysignfour(4)square feet orlessin area not otherwise prohibited bythis ordinance. 4.Repainting without changing wording,composition or colors;or minor nonstructural repairs. 5.Temporary noncommercial signs. 6.Signs not visiblefrom off-site publicor private property. 7.Holidaysigns permitted by subsection 6.08(Z). 8.Garage salesigns permitted by subsection 6.08(M). 9.Politicalsigns permitted in residential areas by subsection 6.08(R). 10.Window signs on the inside of a window. 11.Signsoflessthaneight(8)square feet placedonanychurch property oranysign relating to church operations which is not visible from an adjacent street or property. 12.Signs placed onany school property by the Fountain HillsUnifiedSchoolDistrict. 13.Reserved for future Use per Ordinance No.09-13. 14.Signs that relate toa special event,except as required by subsection 6.08(U). 15.Banners,balloons and pennants,except as required by subsection 6.08(D). 16.Sign panel or copy change onlyifonan existing signshall not require a permit. C.Failureto conform to the conditions ofasign permit,including any conditions and/or stipulations attached thereto by the TownCouncil and/or Boardof Adjustment,shall render such permit void. D.Feesforsign permits shallbe required andpayableinsuchsumsas the TownCouncilmayfrom time to time establish by resolution. E.Asign permit does not include electrical work;however,this exemption shall not be deemed to grant authorization foranyworktobe 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 bea violation of this ordinance and shall be subject to the enforcement remedies and penalties provided bythis section,by the Townof Fountain HillsZoning Ordinance,andby state law: A.To install,create,erect or maintain any signina way that is inconsistent with any plan or permit governing suchsign or the zone lotonwhich the signis located. B.To install,create,erect or maintain any sign requiring a permit without such a permit. C.Tofailto remove anysign that is installed,created,erected or maintained in violation ofthis ordinance,or for which the sign permit has lapsed. D.If any such violation is continued,then each day of a continued violation shall be considered a separate violation when applying the penalty portions ofthis ordinance. Section 6.05 Penalty The provisions set forth above are declared tobecivilin nature.Itis presumed that the business or residence identified on the signis the responsible party for compliance.Enforcement of violations of this chapter shall be made through the use of acivil complaint.Fines may be assessed according to the following schedule: A.First offense,finenottoexceed $25.00 andconfiscationofsign(s). B.Secondoffensewithintwelve(12)calendar months offirst offense,finenottoexceed$50.00 and confiscation ofsign(s). C.All subsequent violationswithintwelve(12)calendarmonthsofthefirstoffense,finenotto exceed $100.00 and confiscation of sign(s). Section 6.06 Enforcement and Remedies Any violation orattempted violation ofthisordinanceorofanyconditionorrequirementadopted pursuantheretomayberestrained,correctedorabated,asthecasemaybe,by injunction orother appropriateproceedingspursuanttostatelaw.A violation ofthisordinanceshallbeconsidereda violationofthe Zoning Ordinance.TheremediesoftheTownshallinclude,butarenotlimitedtothe following: A.Issuingastop-workorderforanyandallworkonanysignsonthesamelot; B.Confiscation ofsign(s); C.Seekingan injunction orotherorderofrestraintor abatement thatrequiresthe removal ofthe sign(s)orthe correction ofthe nonconformity; D.Imposinganypenalties that canbeimposeddirectlybytheTownundertheZoningOrdinance; E.Seekingincourtthe imposition ofanypenaltiesthatcanbeimposedbysuchcourtunderthe Zoning Ordinance;and F.Inthecaseofasignthatposesanimmediatedangertothepublichealthorsafety,theTown maytakesuchmeasuresasare available undertheapplicable provisions ofthe Zoning Ordinance and Building Code for such circumstances. TheTownshall have such other remedies as are andasmayfrom time to time be provided for orallowedby state lawfor the violationoftheZoning Ordinance. All suchremediesprovidedhereinshallbecumulative.Tothe extent that state lawmaylimitthe availability ofaparticularremedysetforthhereinforacertain violation orapartthereof,such remedyshallremain available forother violations orotherpartsofthesame violation. Section 6.07 General Regulations A.Any signhereaftererectedormaintainedshallmaintainconformancetothe provisions ofthis ordinance andtheprovisionsof the TownofFountain Hills BuildingCode. B.Nosign,otherthanan official trafficsignor similar sign shallbeerectedwithinthelinesofany street orpublicright-of-wayunless specifically authorizedherein,orby other Townordinances or regulations orbyspecialTown authorization. C.Nosign,including temporarysigns,orsignstructureshallbeerectedorplacedinamannerthat wouldobscurevehicular visibility;noratanylocationwherebyitsposition,theshapeorcolorof thesignmayinterferewith,orobstructtheviewoforbeconfusedwithanyauthorizedtraffic sign,signal or device. D.Every sign permittedbythis ordinance mustbekeptingood condition andrepair.When any sign becomes indangerof falling,oris otherwise deemedunsafebythe Town's Chief Building Official,orifanysignshallbe unlawfully installed,erectedormaintainedin violation ofanyof the provisions ofthis ordinance,theownerthereof,orthepersonor firm using the sign,shall, uponwrittennoticebythe Chief Building Official,or immediately inthecaseof immediate danger,andinanycase within notmorethantendays,makesuchsignconformtothe provisions ofthisordinance,orshallremovethesign.If,withintendays,theorderisnot complied with,the Chief Building Official may removeorcausesuch sign tobe removed atthe expense oftheowner and/or userofthesign. E.Any sign legally existing atthetimeofthepassageofthis ordinance thatdoesnot conform in use,location,heightorsizewiththe regulations ofthisordinanceshallbeconsidereda protectednon-conforminguseandmaycontinueinuseuntilsuchtimeasitisremovedoritis abandonedforaperiodofsixcontiguousmonthsormore.Exceptasotherwisesetforthin subsections6.07(J)and(Q)below,anychangeinthesign,includinga50%ormorechangeof signcopy,shallbeconsideredanabandonmentandtheprotectednon-conformingstatusofthe signshallbecomevoid. F.Exceptwhenotherwiseallowed,allsignsmustbelocatedonorinfrontofthelot,forwhichit advertises,informsorotherwiseattractsattention. G.Signareasshallbemeasuredasfollows: 1.Signcopymountedorpointedonobackgroundpanelorareadistinctivelypointed,- texturedorconstructed.Signareaistheoreawithintheoutsidedimensionsofthe bockgroundpanelorsurface. ExampleSignCopyArea !rU?.C?3P2 fcign|copyconsistingofindividuollettersond/orgraphicsaffixedtoawallorportionofo building,whichhasnotbeenpointed,textured,orotherwisealteredtoprovidea distinctivebockgroundforthesigncopy: Signareaistheoreowithinthesmollostrectonglothotwillenclosethesigncopy: Forawallsigncomprisedofindividualletters,figuresorelementsonawallorsimilar surfaceofthebuildingorstructure,theareaanddimensionsofthesignshallencompass aregulargeometricshape(rectangle,circle,trapezoid,triangle,etc.),oracombination ofregulargeometricshapes,whichform,orapproximate,theperimeterofallelements inthedisplay,theframe,andanyappliedbackgroundthatisnotpartofthearchitecture ofthebuilding.Whenseparateelementsareorganizedtoformasinglesign,butare separatedbyopenspace,thesignareaanddimensionsshallbecalculatedby determiningthegeometricform,orcombinationofforms,whichcomprisesallofthe displayareas,includingthespacebetweendifferentelements.Minorappendagestoa particularregularshape,shallnotbeincludedinthetotalareaofasign. ExampleSignArea A crrr "$V. Signcopymountedorpaintedonaninternallyilluminatedsignorinternallyilluminated elementofabuilding. Theentireinternallyilluminatedsurfaceorarchitecturalelement,whichcontainssign copy,willbecountedassignarea. Commentfjbc3]:Theexistingmethodologyfor determinedareaofasigncanlimitcreativitysince anyirregularshapesarepenalizedasmuchas60% insignarea.NoteattachedModelSignCodewith additionaldetailsonpages26and27. 4. Example Illuminated Sign Area ^mmiumwm.C \- Numberof signfaces: One-Area of the single face only. Two-If the interior angle between the two signfacesis forty-five (45)degrees orless, thesignareaistheareaofonefaceonly;iftheangle between thesignfacesexceeds forty-five(45)degrees,thesignareaisthesumoftheareasofthetwofaces. Threeormore-Foranysign containing three ormorefaces,the sign area shallbe measured as the sum of areas of the all the sign faces. Example Sign Face Area Greater Than 4^ 2 faces Upto 45 1 face Three dimensional,sculpturalor other non-planar signs-Sign area willbe the sumofthe areas of the vertical faces of the smallest polyhedron that will encompass the sign structure. Example Dimensional Sign Area 5.Sign areaisthesumoftheareasofallpermittedsigns,exceptdirectionalsigns,street addresses orsafetysigns(e.g.,stop engine,nosmoking). 6.For signs having morethononecomponent (e.g.,o service stotion identificotion/prico sign combinotion mountedon o commonbase),the sign areaistheareaofthe rectangle enclosingall components ofthe sign.- Example Fuel Price Sign Area GAS 31T UP ••P 5J33 r/-s j.; H.Sign height is defined asfollows: 1.Freestanding Sign:Sign height is the distance from the top of the sign structure,to the top of curbof the public road nearest the sign,orto the crownofpublic road nearest the signifno curb exists. Example Freestanding Sign Height l' WallorFascia Mounted Signs:Sign height is the distance measured froma point perpendicularto the topofthe midpoint of the sign structure,to the topof the finished floorof the ground floor level directly below the midpoint of the sign. Example Midpoint of Sign Midpoint of Sgn m\ Midpoint of Sgn •m in ,i -jl hi '.Ty-yn r\ xLu—t-JL-'i.'J.J-1LA, —J "-il I --•'I I I --h aw 11 V Firished ilooi beneath midpoint o!Sign y Signs not specifically authorized herein are prohibited,including,but not limited to the following: 9. 10. 11. 12. 13. Neonsigns,except as permitted in subsection 6.08(P). Roofsigns,orsigns that project above the highest point of the roofiine,parapet,or fasciaof the building. Anysign emitting sound. Any animated or moving signincluding televisions orsignswith streaming video,except as otherwise allowed in section 6.08 GG. Portable or mobile signs,except forsign walkers ,or as otherwise permitted. Billboard signs. Non-electrically illuminated signs. Any non-public signsinpublic right-of-way oron public property except as otherwise allowed.TheTownmay install signsonitsown property to identify public buildings and uses,andto provide necessary traffic control. All off-premise signs,except as otherwise allowed. All banners,pennants,streamers,balloons,flags,searchlights,strobe lights,beacons, inflatable signs,except as otherwise provided. Anysign imitating anofficialtraffic control sign,anysignor device obscuring such traffic control signs or devices. No temporary or portable sign shall be permitted within the Shea Boulevard right-of- way. Exceptas provided in subsections 6.08(B),6.08(M)and 6.08(Q),A-frame signsshall not be permitted within the Town of Fountain Hills. J.[whenever!the name ofa business changes,any non conforming signs on the premises shall be modified tobring them intoconformancewiththese regulations,eventhoughthechangeisa change of sign copy only.Anonconforming sign structure shall notbe re-erected,relocated,or replaced unless itis brought into compliance with the requirements ofthis Ordinance.Any nonconforming signshallbe removed or rebuilt infull conformity to the terms of this Ordinance ifitis damaged orallowedto deteriorate tosuchan extent that the costof repair or restoration is50%or more of the cost of reconstruction ofsuchsign.This paragraph shall not apply to directory signs designed with interchangeable lettersor panels ortothetextareaofa monument sign. K.Non-conforming freestandingsigns,sign structures,polesandotherrelatedequipmentthat have been abandoned or not in use for more than six months shall be removed and building, land or site restored toits original state. L.Thesourceofasign'silluminationshallnotbevisiblefromanyadjacentresidential streets or neighborhoods. M.Nosignshallbeerectedorplacedwithinanycentermedianoranypublicsidewalk or bicycle path,unless otherwise permitted.The Town employees may remove any sign located inthese areas.Directional signsownedbytheTownshallbe exempt fromtheseregulations. N.When anywindow sign or signs are placed soastoattracttheattentionofpersonsoutsidethe building wheresuch signs are displayed,thetotalareaofall such window signs shall not exceed 50%ofthe total area of the windows through which they are visible. 0.Signs mounted,attachedorpaintedon trailers,boatsor vehicles shall besubjecttothe following: 1.Businessorcommercialvehiclesdisplayingsignageoradvertisingasanormalpartof business activity maybeparkedinanoff-streetparkingspaceadjacenttothebusiness towhichthevehiclerelates;provided,however,suchoff street parkingspaceshallnot belocatedimmediatelyadjacenttoa street frontage,exceptaspermittedinsubsection 6.07(O)(2)below.Vehicles thatare visible fromthe public right-of-way shallnotremain inthesameparkingspaceformorethanforty-eight(48)consecutivehours. 2.One business or commercial vehicle ofless than three and one half tons gross vehicle weightand displaying uptotwelve (12)squarefeetof signage maybeparkedinanoff- street parking spacenearthe business to which the vehicle relatesand immediately adjacenttoastreetfrontage.Portable signs shall notbe displayed onorinthe vehicle. Saidvehicleshallnotremaininthesameparkingspaceformore than forty-eight (48) consecutive hours. 3.Trailers,boatsortruckslargerthan three andonehalftons,displayingsignageor advertising may notbeparkedwithin any commercially zoned area within the Town that isvisiblefromanypublic street exceptwhilemakingdeliveriesorprovidingservicestoa business within such commercially zoned area. 4.Onebusinessor commercial vehiclesmallerthan three and one half(3.5)tons displaying signage or advertising asa normal partof business activity may be parked inan off- street parking space within a residential zoneatthe residence oftheownerorlesseeof suchvehicleunlessotherwiseprohibitedbysubsections 7.02(G)&(H)and 5.14(F)ofthis Zoning Ordinance. 5.Unless specifically permittedin subsections 6.07(O)(l)-(4)above,signs mounted, attachedorpaintedontrailers,boats,motorvehiclesoranymoveableobjectplacedon premisestoserveasadditional advertising signageareprohibited. P.Total aggregate sign area may be increased upto 25%,provided the additional areaisusedto displayaTown-providedlogoorsymbol. Comment fjbc4]:It isnotreasonabletorequire a nonconforming signtobe brought into compliance witha change ofa tenant panel.We suggest language that refersallows non-conforming signs subject tono relocation,structural alternations. Q.The area of the text ofalegal nonconforming monument signshall not be required tobe reduced in the event of a change in the sign text. Legend:Letters A-GG indicate the following subsection with additional requirements or clarifications as listed.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 BB B N/A B B Awning/Canopy Sign C CC C C C EVENT Banners DDD *D D Civic Organization Identification EE E E E N/A Contractor Signs F FF F F F Directory Signs GGG G G G ELECTRONIC MESSAGE SIGNS CC CC CC N/A CC CC Flag III I I I Freestanding JJ J N/A J J Fuel Price Signs K KK N/A N/A N/A Future Development Signs LL L L L L Garage Sale Signs M MM M M M Menu Board NNN N/A N/AN/A Multi-Tenant Building Identification Sign 0 0 0 N/A 0 0 NEON SIGNS PPP N/A P P Open House Directional Signs Q Q QQ Q N/A Political and Ideological Signs R R R R R R Projecting Signs SSS N/A S S Real Estate Signs T T T T T T Sign Walkers BB BB BB N/A N/A N/A Special Event Signs UUU U U U Street Addresses DD DD DDDD DD DD Subdivision Identification Signs EE EE EEEE EE EE Under-Canopy Signs V V V N/A V V Wall Signs w W W N/A w w Window Signs XX x N/A X X Window Decorations/Painting YYY Y Y Y Comprehensive Sign Plan z Z Z N/A Z z Shared Monument Signs J JJ N/A 3 J ^Specific RegulationsApply. A."Total Aggregate Sign Area"isthe sum ofthetotal allowable sign areaforanentiresite with the following restrictions.As used herein,"Site,"within commercially or industrially zoned area shall meanthe building arealeasedor owned byoronbehalfofany business togetherwithits adjacent privatelyownedwalkwayorparkingarea. 1.Frontage is determined bythe measurement ofthe portion ofthe building facing the street.Corner buildings mayincludetwostreetfrontagesifthefrontagesarejoinedat ananglebetween forty-five (45)and ninety (90)degrees.However,thetotal sign area thatisorientedtowardaparticularstreetmaynotexceed125%oftheportionofthe lot'stotal sign area allocation thatis derived from the building frontage onthatstreet. Building frontages that contain anglesoflessthan forty-five (45)degreesorbetween ninety (90)andonehundredeighty (180)degrees shall be considered tobeone frontage.Multi-story building lineal footageis limited tothe ground floor lineal footage measurement exceptasmodifiedbysubsection 6.08(A)(5)below. 2.Inallcommercialandindustrialzoningdistricts,thetotalaggregatesignareaallocable toany ground floor business having an external business entrance shall not exceed the greaterof fifty (50)squarefeetortwo (2)squarefeetper lineal footof building frontage,but in no case more than |ono)hundred (100)squafe-fee*,two hundred (200) square feet. 3.Inallcommercialandindustrialzoningdistricts,anylicensedbusinesslocatedabovethe ground floor ina multi-story building having an external building wall facing a public street shall bepermittedexterior signage with atotalaggregate sign areanottoexceed fifty (50)squarefeet.A business occupying morethanonefloorisonly allowed a sign on one floor. 4.Businesses withinany commercial or industrial zoningdistricthavingonlyaninternal business entrance andno external wallfacingapublic street orpublicaccessdriveway shallbelimitedtobusiness identification signageona common directory signasshown ona comprehensive sign plan,assetforthin subsection 6.08(BB)unless otherwise approvedbytheZoningAdministratororanauthorizeddesignee. 5.Groundfloorbusinesses having building frontagegreaterthanonehundred (100)feetin length may increase their allowed sign area by 0.5squarefeetperone (1)lineal footof building frontage in excess ofone hundred (100)feet.Such additional sign area shall be for the exclusiveuseofsaid business andnot transferable or reallocate to other businesses on the site. B.A-FrameSignsareallowedasfollows: 1.Only businesses thatare physically located within Town commercial or industrial zoning districtsor churches in residential zoningdistrictsmaydisplayA-framesigns. 2.Businesses or churches permittedto display A-frame signs may display a maximum of onesuch sign perstreet frontage location.Such sign shall be located eitheronthesame property asthe business or church,oron property immediately adjacent tothe business or church building as follows: a.As outlined in section 3 below. b.On property held in common by members ofapropertyowners'association. c.Onpropertyownedbythebusiness owner's landlord. 3.LocationofA-framesignsshallbe restricted asfollows: a.Such signs shall notbe located onthe public street,sidewalk,or median. b.Such sign shall notbelocated within a designated parking or loading area. Comment fjbc5]:100squarefeetwillnot accommodate larger buildings.With the existing ratiosthesignswill not be out ofscalewiththe facade. c.Signsshall not be located ina manner that posesatrafficvision hazard.Signs may not be located within the sight triangle as defined in the Townof Fountain Hills Subdivision Ordinance Section III,Exhibit 16. d.A-Framesigns must beplaced at least one (1)foot behind the curb.Ifnocurbis present,signsshallbe located at least three (3)feet from the edge of the paved portion of the public right-of-way.NoA-Framesignsshallbeplacedon sidewalks orwithin the center medians that divide portions ofpavedor unpaved roadways. 4.Nosignmay be greater than twenty-four (24)inches wideandthirty-six(36)inchestall. 5.Signsshallbe constructed of wrought iron;sheet metal;1/8 inchthickplastic;orof wood that is at least 3/8 inchthick.No other materials are acceptable. 6.Signs must be manufactured bya professional sign company. 7.Signsshall be in good repair. 8.Attachments tosigns are limitedto balloons flownno 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. 9.Landscaping cannot be modified or damaged to accommodate anA-framesign. 10.Signsshallonlybe displayed between the hours of7:00a.m.and9:00p.m. 11.NoA-framesignis permitted anywhere within the Townof Fountain Hillsafter December 31,2012. Awning/Canopy Signs are allowed asfollows: 1.Must be included in the total aggregate sign area. 2.May not exceed 25%in area of the canopy onwhichsuchsignis located. 3.Sign area shallbe measured by the smallest rectangle that will enclose the signcopy. EVENT Banners,Balloons and Pennants are allowed as follows: 1.Banners shall be allowed ona one-time basis fora maximum of thirty (30)consecutive days during the grand opening ofa business,a Chamber of Commerce sponsored ribbon cutting,a change in ownership,change in management or change of business name. 2.A banner shallalsobeallowedforachurchforupto thirty (30)consecutive daysfor the purpose of promoting a program or event.Banners for these purposes require a permit. 3.Banners,balloons and pennants are permitted for events suchasspecial sales events with advance written notification to the Townfor not more than three (3)consecutive days per week.The provisions of this subsection 6.08(D)(3)shall expire on December 31,2012. 4.Not more than one banner shallbe allowed per business. 5.Maximum banner sign area is thirty-two (32)square feet. 6.Banners,balloons or pennants shall be located on the business storefront or within the area leased by the business.Balloons otherwise located shallbe not less than four (4) feet from the faceof the building and within twenty (20)feet of the mainbuilding entrance. 7.Banners,balloons or pennants shall not be designed to depict any product not legally available to all residents of the Town. 8.Total sign area including permanent signs,pennants and banner signsshall not exceed 200%of the permitted sign area. 9.Banners,balloons or pennants shallbe professionally manufactured. 10.Banners,balloons or pennants shall not be displayed in the required perimeter street landscaping. 11.Banners,balloons or pennants shall not obscure building address numbers. 12. 13. 14. 15. 16. 17. Banners,balloonsor pennants shallnot encroach within onsite firelanes. Banners,balloonsor pennants shallnotbe attached orhungonorfroma tree orshrub. No balloon maybe larger than twenty-four (24)inches in diameter. Balloonsshall not beflown higher than six(6)feet from the ground. Banners,balloonsand pennants shallnotbe erected at the intersection ofany street or pedestrian walkwayinsucha manner asto obstruct freeandclearvision,noratany location where,byits position,shape or color,itmay interfere withor obstruct the view oforbe confused withany authorized trafficsign,signalor device. TYPE OF EVENT SIGN TYPE Banners Balloons &Banners,Pennants, 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 l.Permit Required Any Type of Event 1.-Three (3)consecutive days per week 2.No Permit Necessary *Town Notification Required *Town Notification:Priorto 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. Town staff willreviewfor conformance with regulations andsafetyissues.Once the proposalreviewis satisfactorilycompleted,staff will approve.Staffmayimposeconditionstoensurepublicsafety. Civic organizations,suchasthe Kiwanis,Rotary,Jaycees,etc.,maybeidentifiedongroupdisplay structures in accordance with the following standards: 1.Said structure must be on arterial streets. 2.Structures shallnotbeoversixfeetinheightorexceedan area ofsixty(60)square feet. 3.Signmay not beilluminated. 4.Each civic organization shallbe limited toa maximum sign areaoftwosquarefeet. Signs foracontractor may be placed ona construction siteif signs meetthe following criteria: 1.One contractor signor banner perlot. 2.Subcontractors maynotplaceadditionalsignsbutmaybelistedonamain contractor sign. 3.Maximumsizeofsignshallnotexceedeight(8)square feet. 4.Maximum height offive(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 validand must be removed no later than the date offinal inspection. G.A directory signmaybe included as part ofa comprehensive sign plan.A directory signis allowed with the following standards: 1.Maximum sign area ofsix(6)square feet. 2.Maximum height ofsix(6)feet. 3.Located behind the required front yard setbacks. H.(Reserved) I.Flags,as defined in Section 6.02,are allowed as follows: 1.Flag poles shall not exceed the maximum building height allowed in each zoning district and shall be located and constructed that ifit should collapse,its reclining length would be contained on the property forwhichit was installed. 2.Anyflagflownin conjunction with the United States or State ofArizonaflagsshallbe flown beneath them. 3.No more|one|(l)State of Arizona,one foreign national flog,-one (1)Fountain Hills- UnifiedSchoolDistrictflag ond one (1)corporate flag sholl beflown three (3)flagson any one (1)site or structure. 4.The maximum sizeofany corporate flagsshall not exceed fifteen (15)square feet,with no one dimension to exceed six(6)feet inany direction. 5.Asign permit is required to display any corporate flagand 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.Amodel home that has a special use permit may use flags |n|addition tothe United States flogand State ofArizonaflog,in the following manner: a.There canbeno more than two (2)flagson the lot of one model home and one (1)flagon each additional lot with a model home located upon it,uptoa total of four (4)lots of model homes. 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.Nosign permits are required forflags 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.jrhis|limit does not opply toa United States flog or State of Arizono flagflownona notional or state holidoy. J.Freestanding signs are allowed as follows: 1.Freestanding signsshallbe counted asa portion of the total aggregate sign area except as outlined in subsection 6.08(J)(7)below. 2.One freestanding signis allowed for each street frontage. 3.Maximum area of fifty(50)square feet. 4.Maximum height of twelve (12)(including base). 5.All freestanding signs must beno closer than thirty (30)feet toany residential district. 6.Minimum area oftwo(2)square feet of landscaping per one (1)square foot of freestanding signshallbe provided at the base of the freestanding sign. Comment [jbc6]:Referencetothetypesofflags allowed is content regulation and needs tobe avoided.The reference to size and numbers isOK. Comment [jbc7]:Contentregulation -(Comment [jbc8]:Content regulation Shared Monument Signsare permitted insigndistrictsasfollows: a.SignDistrictFormation:Asign district mayformto obtain shared monument signs where atleast51%of business owners withinabusinessblock,each possessingvalidTown business licenses,have submitted asigndistrict agreement to the Zoning Administrator and where the Zoning Administrator has approved the formation of the district. 1.Membership Change:Ifsign membership changes,the signdistrictshall filea written notification of membership change andan amended sign district agreement with the Zoning Administrator.Where asign 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 shallbe maintained withablank panel. 2.DistrictDissolution:If asigndistrictisdissolved,the property owner(s) of the business blockshallbe required to remove the shared monuments sign unless: 3.Anewsign district isformedto assume responsibilityfor the shared monument signwithinthirty(30)daysfrom the date ofdissolutionof the oldsign district;or 4.The property owner assumes complete control overthe shared sign monuments. b.Limitations on Shared Monument Signs: 1.Height Restrictions: a)Where thesigndistrictcontains throe tofour businesses,the maximum height ofthe monument sign shall be pix|(6)-feetr &•)Where thesigndistrictcontainsfiveormore businesses,the maximum height of the monument signshallbe eight (8)feet. c)JMdthj may not exceed four (4)fee*. d)The areaofthe sign shall not exceed [twenty]four (24)squofe feet,fifty (50)square feet. c.Sign Placement: 1.Signsmay not be placed within the right-of-way; 2.Signsmustbeat least one-hundred fifty(150)feetaway fromany other type of monument sign; 3.Signsmustnotbeplacedina manner which obstructs the vehicularsightlinesandroad "clear zones". established by the Town Engineer in accordance with traffic engineering standards. d.TheZoning Administrator or authorized designee may approve the placement ofa shared monument signina manner other than as required bythis subsection,provided that a written request has been submitted by the signdistrictto the Zoning Administrator outlining the reason for the request of alternative placement,includinga detailed planshowingthe requested area of placement,and where the Zoning Administrator or authorized designee has made the following determinations: Comment [jbc9]:A6foot tall monumentsignis notof adequate height tobesafely seen by motorists.Note the attached reference information in support ofthis recommendation Comment [jbclO]:Restrictingthewidthwill result insimilar dimensions forallsigns.Thiswill limit creativity ofthe designers andnothavethe variety inbulkandoverall shape that willresultin severely limiting superior designs. Comment fjbcll]:24squarefootlimitationon areafor ground signsis too smallgiven the typical speed limitsandROW widths in Fountain hills.Note the attached reference information in support of this recommendation. 1.Aspecial circumstance orconditionexistswhichdoes not exist on other properties within the business area; and 2.The alternative placement is necessary toallow the useofa shared monument sign;and 3.Thespecial circumstance orconditionisnotself-imposed. e.Aminimumoftwo(2)square feet oflandscapingperone(1)square foot of the singshallbe provided at the base of the shared monument sign. f.Inlieuof the formation of asign district by business owners,one or more owners of contiguous property that contains more than one business address may submit an application fora shared monument sign. 8.Subdivision Identification Signs are allowed asfollows: a.Style,Height and Area.Subdivision identification signshallbea monument signwith the following limitations: 1.Maximum height shall be six(6)feet. 2.Maximum area shallbe twenty-four (24)square feet. 3.Maximum of one (1)sign located ateach street access to the identified subdivision. 4.Sign text shallbelimitedto the name of the development or subdivision. b.Sign Placement: 1.Signshall not be located within the right-of-way without an encroachment permit. 2.Signshallnotbe located soasto obstruct vehiclesightlinesand road "clear zones"established by the Town Engineer in accordance withtraffic engineering standards. c.Landscaping: 1.Minimumof two (2)square feet of landscape area per one (1) square foot ofsign area shallbeprovidedat the baseof the sign. 2.Landscaping maybe occasionally changed,butshallalwaysbe maintained in good condition by the property owner. d.Lighting: 1.The text area of the signmaybeback-litsuch 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 signmay be illuminated byfully shielded ground mounted directional lighting. Fuel price signs are allowed as follows: 1.Fuel price signs shall be counted asa portion of the total aggregate sign area. 2.One freestanding fuel price signis 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 signshall be provided at the base of the freestanding sign. Future Development Signs announcing the proposed development of property priortoissuance ofabuilding permit for the purpose of displaying the name of the project,contractors,architect andanyadditionalinformationpertainingtothesiteonwhichthesignsarelocatedareallowed in accordance with the following: 1.Maximum sizeshall not exceed thirty-two (32)square feet. 2.Signshallnotbeilluminated. 3.Signmaybe double faced. 4.One(1)signpereach street onwhichthe development has frontage. 5.Maximum height shall not exceed five(5)feet forallsigns. 6.Suchsignsmaybe maintained foraperiodnottoexceedtwelve(12)months priorto obtaining building permits fora development andmustberemovedupon issuance ofa Certificate of Occupancy. 7.Asign permit must be obtained priorto locating the signon the site. Garage SaleSigns are allowed asfollows: 1.Garagesalessignsmayonlybeusedfor garage sales,yardsalesand carport salesas outlined in Section 8-3-3 of the Town Code. 2.Garagesalesignsmustbeplacedatleastone(1)footbehindthecurb.Ifnocurbis present,signsshallbelocatedatleast three (3)feetfrom the edge of the pavedportion of the publicright-of-way.Nogaragesalesignshallbeplacedonsidewalksorwithin the center medians that divide portions of paved or unpaved roadways. 3.NogaragesalesignshallbepermittedwithintheSheaBoulevardpublicright-of-way. 4.Nogaragesalesignshallbelocatedwithinthreehundred(300)feetalongthesame roadway,as measured alongthepublicright-or-wayline(s),as another sign bearing the same or substantially the same message. 5.There shall not be more than five(5)garage sale signstoany destination. 6.Garagesalesignsmayonlybedisplayed between sunriseand sunset.Signsremainingin publicrights-of-wayaftersunset,orplacedin rights-of-way priortosunrise,shallbe subject to confiscation and destruction by the Town. 7.Maximum sizeshall not exceed four and one-half (4.5)square feet. 8.Maximumheightshallnotexceed three (3)feet. 9.Signs mayonlybeconstructedofwroughtiron,sheetmetal,corrugatedplasticorof wood that is at least 3/8 of aninch thick. 10.GarageSalesignsshallnotbe attached toanyutilitypoleorbox,lightpole,or street sign. Menu Boards orientated to the drive-thru lane for a business are allowed as follows: Menuboardsignsshallbe counted asa portion ofthetotal aggregate sign area. One freestanding orwall mounted menuboardisallowedperbusiness. Menu board must be located noless than forty-five(45)feet fromany street property line. Maximum area oftwenty (20)square feet (fifty!(50)square feet. Maximum height of five (5)feet seven (7)feet7 Minimumareaoffour(4)squarefeetoflandscapingperonesquarefootoffreestanding signshallbeprovidedatthebaseofthefreestandingsign. 7.Speaker boxesand LED boxesareallowedasfollows: a.Maynot exceed thirty-six(36)cubic feet andfour(4)feet inheight. b.May not contain advertising ofanykind. c.Wheninstalledseparatelyfrommenuboard,squarefootage will becalculated in addition to total aggregate sign area. Comment [jbcl2]:Mostmenuboardsarelarger than the requirements in the code.Fora franchise to comply withthis code would require special fabrication. 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 beat least one hundred fifty(150)feet fromany residential zoning district orbe screened from residential viewby masonry wall. /lulti|"Tenont Building Identification Signs ore ollowed as follows: Signshallbeowallsignandshall identify only the building or complex. The maximum number of signsfor each building shallbe one sign.- Signshallbe placed on the wallof the building with major street frontage.- Maximumareaofsignissix(6)inchesperlinealfootofbuildingwallwithaminimumof twenty four (24)square feet and a maximum of forty (40)square foot.Lineal footage of building is determined as defined in subsection 6.08(A).- NeonSigns are allowed onlyasfollows: 1.A neon sign does not count toward the total aggregate allowance ofsign area forany business. 2.Limitedto interior window display only(may not be used on exterior ofbuilding. 3.The total amount of neon signage forany one business shallbesix(6)square feet. 4.No more than two (2)neonsignsshallbe allowed forany business. Q.Open House Directional Signs are allowed only as follows: 1. 9. 10. 11 Open house directional signsshallbe used to direct traffic toa residence forsale,lease or rent. Maximum number of directional signsfor each residence for sale,lease or rent shallbe five. Maximum area for each sign shall besix(6)square feet. Nosignmaybe greater than twenty-four (24)inches wideand thirty-six (36)inches tall. Signsshall not be illuminated. Sign must contain a directional arrow. Signs shall be placed at least one (1)foot behind the curb.Ifno 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.Nosignis allowed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. Nosignshallbe placed within one hundred fifty(150)linear feet of the SheaBoulevard public right-of-way. Signs must be made bya professional sign company. Signsshall not be located within one hundred (100)linear feet ofanysign advertising the same location. Sign placement,other than as described above,maybe approved by the Zoning Administrator or authorized designee. Political and Ideological Signs located in non-residential zoning districts shall be treated as commercial signsandshallbe governed by the sign regulations applicable to the respective zoning district where signis being located.The combination of commercial,political,and ideological signs shall not exceed the square footage limitations of the respective sign regulations prescribed inthis ordinance.In addition tosigns already permitted in residential zoning districts,politicaland ideological signsmaybe located insuch areas within the following parameters: 1.Maximum aggregate size,per individual candidate or ballot issue,shall not exceed sixteen (16)square feet onany residential lotorparcelor thirty-two (32)onany commercially/industrial zoned lotor parcel. Comment [jbcl3]:Thissectiondealswith content regulation.If an owner wants to ID the building that is allowable under the wallsign requirements. 2.Maximumlengthshallnotexceedsix(6)feet. 3.Maximumheightshallnotexceedfourand one-half (4.5)feet. 4.Exceptasotherwise,permittedbyState Law,nosuchsignorportionofthesignmaybe located inor project intoapublicright-of-way. 5.Political signsinresidentiallyzonedareasshallbeerectednotmorethansixty(60)days priortoelectionorreferendum.Candidatessuccessfulinaprimaryelectionare permittedtoleavetheirrespective political signsinplaceuntilten(10)daysafterthe general election,orifnecessary,after arun-offelection. S.Projecting Signsareallowedonlyasfollows: 1.Must beincludedin the total aggregate square footage. 2.Shallonlybe permitted ifsignsareaffixedtoabuilding. 3.Shall not exceed three and one-half (3.5)feet inwidthor more than six(6)feet in height. 4.Shallbe located so that the bottom of the signis not less than eight (8)feet fromthe ground. 5.ShallrequirebothaTownsignpermitand,ifencroachingoveranabuttingTownright- of-wayline,revocableTown encroachment permit. T.Real EstateSignsareallowedasfollowsandareexemptfromthetotalaggregatesignage: 1.Real estate signsmayonlyadvertisethesale,leasingorrentingofa building,dwelling, suite,property,or other formsofreal estate. 2.Real estate signs must be non-illuminated. 3.Maximum sign area ofsix(6)square feet. 4.Maximum height offive(5)feet. 5.Signs must be made bya professional sign company. 6.NoA-Framesigns allowed. 7.Signsmayonlybeplacedonproperty that isforsale,leaseorrent. 8.Maximum number ofsignsallowedisone(1)per street frontage. 9.Signsmustberemovedwhenthepurposeforwhichthesignwaserectediscomplete. 10.Signplacement,other thanasdescribedabove,maybeapprovedbytheZoning Administrator or authorized designee. U.SpecialEventSignageisallowedasfollows: 1.Asignplacementplan detailing the size,location,andtimingofproposedsignstobe usedforaspecialeventshallbepresentedwiththespecialeventpermitapplication. 2.Thesesignsshallbeplacedonlyaftera special eventpermithasbeenissuedbythe Townandmustberemovedwithin twenty-four (24)hours after theconclusionof the event. 3.TheregulationsinthischaptermaybewaivedbytheTown Council forspecialeventsign placement,size,andtiming. V.Under-Canopy Signs are allowed asapartofa comprehensive sign planandmustmeetthe following requirements: 1.All under-canopy signsrequirewrittenpropertyownerand Town approval priorto installation. 2.Each business maybe allowed one double-faced non-illuminated sign installed underan overhangingcanopyorfasciaperpendiculartothefrontofthe tenant's frontwallspace. 3.Maximumsignwidthshallnotexceedtwenty-four(24)inches. 4.Maximumsignheightshallnotexceedtwelve(12)inches. 5.Minimumclearanceshallbenotlessthaneight(8)feet six (6)inchesfromthe bottom of the signtothesidewalkorsurface beneath the sign. 6.Innocaseshallany object,banner,signor other material be attached to,or hung from the sign. 7.No under-canopy signshallbe mounted ina manner that will impede pedestrian or vehicular visibilityor create any hazard. 8.Thesignareafor the first under-canopy signshallbeexcludedfromthetotal aggregate area ofa comprehensive signplan.Businesseswithmultiplepublic entrances maybe allowed one additional under-canopy sign,subject to property owner and Town approval,butthesign area of the second under-canopy signwillbe counted asapartof the business's total aggregate sign area. 9.Under-canopy signs on property under unified ownership and control shall be consistent in appearance. W.WallSigns count asa part of the total aggregate signage and are allowed asfollows: 1.One square foot per each lineal foot of building frontage,(orj 1.5 square foot per each lineal foot of building frontage for buildings set back 100'from the ROW or greater. Frontage is determined by the measurement of the portion of the buildingfacing the street not to exceed aggregate square footage allowed.Corner buildingsmay include two street frontages if the frontages are joined atan angle between forty-five (45)and ninety(90)degrees.However,thetotalsignarea that is oriented toward a particular street maynotexceed125%of the portionofthelot's total sign area allocation that is derived from the building frontage on that street.Building frontages that contain angles ofless than forty-five (45)degrees or between ninety (90)and one hundred eighty (180) degrees shallbe considered tobe one frontage. 2.Sign area must allowa minimum two (2)foot border from edge of the building or suite frontage,ora minimum two(2)foot separation between signs,whichever isless. 3.Eachwallsignmay project no more than twelve (12)inches from the surface of the wall to which itis attached. 4.Reverse pan channel letter withhalo 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 wallsignis allowed in addition to total aggregate sign area if the following criteria are met: a.Wall sign areas shall not exceed 2-5%\7S\%of primary total aggregate sign area. b.Secondary entrance must not be visible from main public entrance. c.Secondary entrance must facea rear parking area,common area or public use frontage. X.Window Signs are allowed as follows: 1.Window signs do not count as part of the total aggregate sign area. 2.May not exceed 50%of window area. 3.Window signsshallbe prepared bya professional sign company. Y.Window decorations/painting witha holiday theme are allowed asfollows: 1.Holiday decorations may be displayed ona temporary basis forcivic,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,including but not limited to,name of business,logo,sale language orany other form of advertising as outlined in Section 6.02. 4.Sign permit is not required. Comment [jbcl4]:Additional squarefootageis recommended for structures that are setback more than 100 feet from the ROWto provide for adequate legibility. Comment [jbcl5]:25%oftheprimarytotal aggregate sign area willnotallowfor these signs adequate legibilityfrom the ROW. Comprehensive Sign PlansshallmeetallsigncriteriaoftheTown.Thefollowing elements are required for approval: 9. 10. AA.Street Addresses: 1.Everybuildingorgroupofbuildingswithinanycommerciallyorindustriallyzonedarea must be identified bya street number whichis clearly visible from the adjacent street. Thissignshallnotbe computed as part of the totalsign area permitted foranysiteor business. 2.The street number (or number range)of the businesses or business complexidentified ona monument signshallbedisplayedat the topof the text area ofthe monument sign andshall not be computed as part of the aggregate sign area. BB.SignWalkers,incommerciallyzoneddistrictonly,subjecttothe following time,placeand manner limitations: 1.Iflocatedwithintheright-of-way,asignwalkershallbe positioned behindthecurbor,if nocurbis present,ten(10)feetbehind the edgeof pavement. 2.Signshallnotbepositionedsoasto obstruct vehiclesightlinesandroad"clearzones" established by the TownEngineerin accordance withtraffic engineering standards. 3.Signwalkersshallnotobstructthefree movement of pedestrians onsidewalks. 4.Signwalkers are notallowedin the mediansofpublicorprivate streets. 5.Thesignworn,heldorbalancedbyasignwalkershallbeamaximumoffive(5)square feet insizeandmaybe double sided. CC.Electronic Message Signs -[".nyj sign with intermittent,scrolling orfloshingillumination7 including electronicmessagecentersigns.Suchsignsarepermittedin Commercial and Industrial zoning districts enJy,orfchurchcsjorschoB-te and for nonresidential uses in residential districts subject to the following: 1.Signs must be on-site. 2.ThereshallbenomovingorflashingGreenorRed features whichcouldbemistakenas traffic signals. 3.[intermittent]Changes-Message Duration: a.AnychangestothefaceorcopyofthesignmusthaveaminimumofEight(8) second interval between changes Such signs shall display static images only- Such static images shall hold on the display for a period of at least eight (8) seconds. Name,address and phone number of property owner or designee. Writtentextclearlyoutlining the signplantoincludeallsuites,officesor other leased/leasable space. Name and address of property forwhich the comprehensive signplanis designated. Designcriteriaallowedforsignage(i.e.colors,installation method,materials,typeof signage,etc.).Ifitis the intention ofthe property owner toallowNationallyRecognized RegisteredLogos,thismustbespecifiedin the plan. Siteplanshowingalllotdimensions,suites,officesor other leased/leasable spaceand proposed/existing signage placement (drawntoscale). Elevations showing proposed sign envelopes. Linealfootageofbuilding(s)as outlined in subsection 6.08(A). Allocation chart showingallowable square footage foreachsuite,officeorspace number. Comprehensive signplan amendments mustbemadeinwritingand submitted reviewedand approved bytheZoning Administrator or authorized designee. Comprehensive signplan approval/denial maybe appealed to the TownCouncil. Comment [tl6]:Suchsignsshouldnotproduce flashing or intermitted illumination,so regulations inferring thatcould leadto loopholes forsuchuse. Comment [tl7]:Allowancesforspecificuses borders on viewpoint discrimination.Itis best to leave such allowances open to "nonresidential uses" (i.e.churches andschools,but without actually coming out andsayingit). Comment [tl8]:Again,intermittence shouldnot be permitted.Therefore,more appropriate language could be as suggested. b.Transitions from one static image to the next shall appear to be instantaneous without animation,flashing orthe appearance of movement of anv kind JAnv|_ changes to the faceorcopyof the signmuststopat10:00p.m.,except fortime and temperature. c.Such signs in residential zones shall be programmed to turn off or display a blank face A&ef between 10:00 p.m.and ld:00 a.mjhc-background must bo darker than the text. [dl All electronic message signs shall come equipped with automatic dimming technology which automatically adjusts the sign's brightness in direct correlation with ambient light conditions. e.No electronic message center shallexceeda brightness levelof 0.3 footcandles above ambient light as measured using a foot candle (Lux)meter at a preset distance depending on sign area.The measurement distance shall be calculated with the following formula:The square root of the product of the sign area and one-hundred. Example using a 12 square foot sign: Measurement Distance =v"(12 Sq.Ft.x 100)=34.6 Comment [tl9]:Thereisreallynorationalefor such regulations other than fears of disturbing residents.Therefore,instead ofincludingtwo separate sections about nighttime content,we lumpedthetwo together into subsection c,and suggested that suchsignsbe turned offin residential between 10p.m.and 6a.m.Such provisions alleviate concerns about residential disturbances,while permitting suchsignsin commercial zones to continue operating their signs, without the bother of producing different content between dayandnight. Comment [t20]:Note:It'salwaysimportantto include a "turn on"time.Simply stating suchsigns shall be turned off at 10p.m.creates loopholes for peopletoturn off theirsignand then turnitbackon again at 10:01 p.m. Comment [t21]:Therewerenobrightness limitations that I could findin the code.Proper and enforceable brightness regulations are of paramount importance to ensure proper regulation of electronic signs.The standards suggested are based on acceptable practices of the Illuminating EngineeringSocietyofNorthAmerica,andare scientifically-tested to ensure optimal brightness for safeviewing. TABLE OF CONTENTS INTRODUCTION 1 The propose ofthis Model Code Project / The Process - Acknowledgements.2 PART I.THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS 3 Fundamental Considerations 5 Principles ofa Sign Code * Description ofthe Typical Character Areas 6 PART II.LEGAL CONSIDERATIONS 11 Local Government Regulation ofBusiness Signs // Legal Issues in Regulation ofBusiness Signs 14 PART III.MODEL REGULATORY GUIDELINES 25 Section 100.Purpose of the Regulations 25 Section 101.Measurement Standards 26 101.01.Determining Sign Area and Dimensions 26 101.02.Determining Sign Height 29 101.03.Determining Building Frontages and Frontage Lengths 30 101.04.Lengdi of Building Frontage 30 Section 102.Signs Permitted 51 Section 103.Development Standards 52 103.01.Wall signs 32 103.02.Freestanding signs 38 103.03.Electronic Message/Changeable Copy Signs 41 103.04.Instructional signs 45 103.05.Window Signs 45 103.06.Temporary Signs 45 Section 104.Non-Conforming Signs 46 104.01.General Provisions 46 104.02.Limitations for Non-Conforming Signs 46 Section 105.Sign Review Procedures.47 Section 106.Supplemental Considerations 48 106.01.Construction Standards 48 106.02.Maintenance 49 106.03.Signs Exempt from die Regulations 50 106.04.Prohibited Signs 50 Section 107.Definitions 51 APPENDIX 57 A.Examples of 'Landmark Status"Signs 57 B.Methodology for Estimating the Appropriate Area ofFreestanding Signs 58 C.Sources 59 INTRODUCTION The purpose of this Model Code Project The purposeof diis projectisto convey to communities (Councils,planning commissions, appeals boards,and die administrative staff including planners)die appropriate framework for formulating on-premise sign regulations diat fully respect die comprehensive purposes of signs from die perspective ofboth community and business interests.Among others,diese purposesare: •Toservea legitimate business advertising function. •Touse signs to identify and advertise a facility asa means of "way-finding" assuring that die signs efficiently direct die motoristsfrom die highway/roadway to die adjacent facilities. "To assure diat signs aresizedand arranged tominimizeclutterandpreventunsafe conditions. •Toassurethatsignsandtheirmessageare of sufficient sizetobe legible and comprehendible by die intended audience whichis typically apassingmotorist. Thisdocumentismost applicable tosmaller communities —say diose with populations up to several hundred diousand.These communities "typically"possess die variety of character areas diat are die basis for diis ModelCode (See PartI).While larger cities may have many similar character areas they may alsohaveawidervariety of uniqueareas diat warrant special considerations diat arenot addressed in diis model. This document isparticularly important since diere isaprevailingcommunitytendencyto limitsizes of signsto die extent diat tiiey cannotbecomprehendedby die motoriston die adjacent highway;andtoimpose limitations basedonconcernsabouttrafficsafety diat cannotbe readily supported. Therefore,to achieve die above fundamental purpose,itisalso die purposeof diis Model Codeprojecttoreducethetensionsbetween die communityand businesses inaway diat recognizes die importance of signs to die communityandits businesses.Specifically,die additionalpurposes of diis projectare: •To achieve a reduced level of administrative and design review,andtime periods for review,priortoasignapplicationbeing approved. •Toassure diat areasonabletimeisprovided for non-conforming signstoremainbefore diey mustbebroughtinto compliance. •Toencouragecommunitiesto acknowledge die importanceand benefits of electronic message signs to die industry and businesses and that diey canbe accommodated widiout compromising die public'sinterests. INTRODUCTION •Toconveytocommunitiesthattobe effective,die bottom of die freestanding sign (pole signs)mustbe above parked or moving vehicles.Conversely,groundtype signs areoftenblockedby vehicles and landscaping. •Tohavecommunities realistically evaluate dieirexistingcodes—particularly enforcement —radier dian reachinga "knee jerk"conclusion diat poorenforcement of die existing regulations should trigger anew code widi more restrictiveregulations. ThisCodereferstolocalgovernmentsas "communities"or"cities".Itis important to recognize,however,diat localgovernments mayhavedifferent legal structures with associateddifferencesindieiraudiority regardinglanduseregulationinvariousstates. Inparticular,somelocal governments are municipalcorporationswhichtendtohave greaterlanduse regulatory audioritythan unincorporatedareassuchastownships.Thus, itisimportantto detennine die formof local governmentand die extent of diat government'slanduse regulatory audiority whenconsidering die recommendationsin diis Model Code. The Process ThisdocumenthasbeenpreparedbyAlanC. Weinstein,Inc.in association with D.B.Flartt, Inc.Planningand Development Consultants widi fundingprovidedby die Signage Foundation.Technical assistance has been providedbyanadhocreviewcommittee of die Signage Foundation.Asthisdocumentwas developed die Committee attended several review sessions widi die Consultants to assure diat die recommendations reflected a balance between die legitimateinterests of die Signage Foundation and the communities in which signsareplaced. Acknowledgements A Framework for On-Premise Sign Reg ulations was produced utilizinga grant from The Signage Foundation Inc.located in Wash- ingtonDC.The Signage FoundationInc.isa non-partisan,not-for-profit 501©(3)public foundation.Itspurposeistopromoteintelli gentand productive useof on-premise sig nageandstorefrontmarketingto die benefit of every sector of theeconomy. The authors additionallywishtoacknowledge and extend appreciationtothefollowingindi vidualsandwhoprovidedvaluabletechnical assistance,technicalresources,insight and review to the authors in creation of this Framework Model Code. Independent reviewandconsultationwas providedby Professor Menelaos Triantafillou Associate Professor,School of Design,Archi tecture and Planning University of Cincinnati Cincinnati,OFI The Framework Model Code Review Team Duane Laska North ShoreSignCo. Libertyville,IL Joe Rickman AtlanticSign Media Burlington,North Carolina RoyFlahive PacificSign Construction SanDiego,CA Cal Lutz DaNite SignCo. Columbus,OH Steve Kieffer Kieffer and Company Sheboygan,WI Jim Groh Brilliant Electric Sign Company Cleveland.OH PART I.THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS Fundamental Considerations Thebasic regulatory framework (PartIII)is guided by principles diat have been developed by bodi planners and various groups within die sign industry.Over die lasttwentyorso years die standards applicable toeachof diese factors have been documented in several books and odier publications.Additionally diese principles were recendy supportedby die American Planning Association inits 2004Planning AdvisoryServiceReport No.527,"Street Graphics and the Law." The purpose of diis first section isto summarize die numerous interrelated factors diat contributeto whetiier asignisableto fulfill its primary purpose:tobe able tobe read byits intended audience.Itisnotour intention,however,to duplicate die extensive documentationthathasbeen previously published andis available for further review. Some of diesefactorsarerelatedto die design ofthesign itself;odiers are related to die sign'slocation which,likewise,influences its readability to die intended viewer -whether die viewer isamotoriston die adjacentroadora pedestrian onthe adjacent streetoreven walking on die siteof die business. Widi respect to sign design,readability and comprehension are influenced by: •Thesize of die letteringorlogos- minimum size of die letters has been established based on die distance diat die viewerisfrom die sign. •The relationship of die lettering/logos — whichis die messagearea-to die background area —oftenreferredtoas die "white space"or "negative space"-of die sign. •The tiiickness andspacing of die letters. •Thenumber of elements—words,syllables, symbols,logos,etc.-diat canbe comprehended in die shortperiod of time diat die viewer (typically die motorist)likely has available.Thisis particularly relevantto wall signs diat needtobeseenand comprehended instantaneously. •Colorcontrastsbetween die messageand die background. •Letterstyle. •Lighting. The number of elements diat can be comprehended is also influenced by die familiarity of die message —die words,fonts, and logos.Whena sign is familiar itis "taken- in"asa whole and,dierefore,more information canbecomprehendedin die viewing time available.Since die motorist has a limited time toview die sign,particularly if multiple signs needtobe visually scannedandsortedin die sametime-frame,die signsmust: •Be widiin die viewer's "cone of vision"- bodi to die side of die highway and vertically so die eyes andheadof die motorist won't waiver too far from die roadway. THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS H Beataheightthatwillnotbe easily blocked by obstructions —mainly otiier carsand trucksontheroadwayorparked nearby. •Haveincreasedlettersizeswhen die signs are located father from die viewer who is typically on die adjacentstreet. All of diesevariablesare important considerationsinordertopermitsigns diat "work"—i.e.,achievetheirintendedpurpose of beingabletobereadbytheir intended audience.Some of diese factors influence die size of thesign.Odier factorsinfluence die quality of die sign'sdesign,asin,forexample, die relationshipbetween die letteringand die backgroundarea of die sign.Even reasonable and dioughtful consideration of all of diese factorsdoesnotdictateorsuggestasingle minimumsizeandheightstandard diat should be incorporated ina community's sign regulationforeachsituation. However,die sizeandheightranges,included in die Model Regulatory Guidelines,Part III of diis document,representreasonable parameters diat satisfy die criteriareferredto above,for diose signs diat incorporate die "normal range"of wordsandelements diat are neededandexpected,andbalancepublicand privateinterests.Thecommunitymustbe cognizantofall of diesefactors,including considering die rangesinPartIIIwhen formulatingnewor amended signregulations. Principles of a Sign Code Basedon die preceding fundamental consid erations,die followingarethe important prin ciplesthatshouldguidethe development of allsigncodes. The signcodeshould: 1.Includeregulationsforalltypes of on- premisesigns,including:commercial(of fice,retail,etc.),industrial,multi-family developments,institutionalandpublic uses (including thosepublicandinstitu tionalusesthatare typically inresidential districts),andentrysignsforlargesubdivi sions. 2.Include regulations forother"attention getting devices"suchasballoons,banners, etc. 3.Include all of thefollowing: A statement of die purposestobe achieved Definitions Standardsformeasuringsignareas Regulationsgoverningsignplacement, height,andarea Enforcement Regulationsfortemporarysigns Prohibited signs Regulationsfor non-conforming signs Administrativeprovisions,variances andappeals 4.Be content-neutral tothegreatestdegree practicablesoastoavoidfavoringsome types of signs—orsignusers—over odi- ers.Thismeansthatsignregulationswill not bebased upon asign's message.In stead,die regulationswillbebasedupon thesign'sfunctionanditsplacementon thebuildingorsite.Themeaningandim plications of "content neutrality"arefur therexplainedinPartII of thisdocument 5.Include standards diat address die variety of use/character areas diat are typically found in communities.This framework document cannot addressthespecific zoningdistrictsforacommunitysince diey varysowidelyfromcommunityto community.This document,however, doesdescribe"typicalcharacterareas"and thesuggested standards foreacharea,to beusedasaguidein determining for THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS themselveswhatprecisestandardsarebest fortheircommunity.Relatedtothis,itis possible,even likely,that communities of different sizes (withdifferentcharacteris tics)may legitimately advancedifferent sign regulations,evenwhenthezoning districtsinthedistinctlydifferentcom munitiesare similar.Thetypicalcharacter areas,whichare described more fullyin the next section,include: •Downtowns. •Small Localized Retail areas that are likely tobeinclose proximity toresi dentialareasandwhichare typically characterizedby: •Havinga traditional neighborhood form,or •Beingamore"suburbanstyle" center. •GeneralCommercialAreasalongma jor arterials. •Highway/Interchange Commercial. •Office Districts. •Industrial Parks. •MixedUse Developments. 6.Have separate requirements fordifferent types of signs (e.g.wall signs,free standing signs,projecting signs,and window signs) becauseeachtypeofsignhasdifferent needsandimpactsfrom die others.This isincontrasttoasinglemaximumallow ancefor signage oneachsitethatcanbe divided or shifted between wall and frees tanding signs.Thisapproachinsures diat both wallandfreestandingsignsarein proportion to die building and/orthe site. Otherwise,forexample,ifacodeallows most of thetotalpermittedsignareafora sitetobeon die freestandingsign,die freestanding sign(s)couldbetoo large for die site. Inaddition,the"singleallocation"ap proachtosign regulation is difficult to administerbecauseeachtimeanewsignis requested,zoningadministratorshavethe responsibilitytomonitorhow die site's,or each tenant's,signallotmenthasbeendis tributedamongthevarioussigntypeand location possibilities.Thisis particularly cumbersome formultiple tenant proper tieswhentenantsignsroutinelychange andthehistoricalrecordsmay not clearly document theavailablesignareaalloca tionsfornewproposals.The separate formulasaremoreeasily monitored,even overtime,when thehistoricalrecordsmay not be clear. 7.Establish die areaandheightrequirements for wall and freestanding signs based on the "nature and character"of the Cha racter Areas.In all cases,however,the signs shallbeinsuchlocationandofsuch sizeso die signmessageis easily discerned andtheintendedaudience,generally the passingmotorist,canreactandmakene cessarytrafficmaneuverssafely. 8.Haveprocedures diat permitbonusesto signareas,signheight,andnumberof signsbasedonuniquedesignconsidera tions when suchadditionalsignagewill not compromise thepublicinterestornot setaprecedentthatcouldthenbere questedandappliedroutinely in other more conventional locations in the com munity. 9.Consider the need to establish a reasona bleprogramfor die elimination of legal- non-conforming signs (e.g.amortization) provided: •The timefor removal is10yearsor longer; •TheCode incorporates provisionsthat permittheextension of die time limits forcompliancebasedon considera tionssuchas die value of thesignand THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS the lengdi oftimethesignhasbeenin place;die amount of depreciation claimed;die length of the current lease orexpectedoccupancy;thedegree of non-compliance;and a Theownerortenantis permitted to replace die panels/inserts onnon conforming signs when usesor owner shipis changed and tiiere isnoother change,suchasstructuralchangetothe existing non-conforming sign;and •The provisionismadeforsigns diat have landmark status(seealso Appen dixA). Theamortization of non-conforming signsis far less an issue for both the business and the communitywhenthesignregulationscom portwiththe principles andsuggestedstan dards in this model. Description of the Typical Character Areas TheModelCodewilldevelopthesuggested regulationsforeach of die typical "character areas"described herein.These character areas havebeenselectedbecausethey incorporate thediversity of development patterns diat gen erallyprevailin most communities —both large andsmall.The needs of specialdistricts,such as entertainment districts (e.g.LasVegas,Times Square),touristdestinations (e.g.Carmel Cali fornia,DisneyWorld),historicaldistricts (e.g. Gettysburg,Charleston)or neighborhood con servation districts,whichmay occur inafew selected locations,are not included in this doc ument.The unique characteristics of these areasare not typical of thevastmajority of the communities across the United States and therefore,thesignregulationsrequireunique attention toadequatelyaddressthelocalneeds. Downtown —In traditional downtowns,build ingsareprimarilyplacedatthestreetlinewith die parkingto die rearorinparking decks.The buildingwidthextendsacrossall,oratleast most,of die lot frontage.The buildings could be multiple storieswith,typically,retailonthe first floor and residential or offices above. Downtown Small,Localized Retail -These areusually older commercial areas that mayhaveone of die followingtwocharacteristics: •The retailareasaregenerallyolderand have die traditional neighborhood form.That is,die form and character are similar to a traditional downtown.These commercial areas are often located in closeproximitytoand dius convenientto surrounding residentialareas.Although diese areas are smaller tiian downtowns, dieirformanddesigncharacteristicsare similar;therefore,die permissiblesignal lowances should also be similar. •Flowever,some of tiiese small commercial areasmaybenewerandhavebeendevel oped widi what isnow considered the suburban form.These are similar to the general commercial areas,described be low,except thatdiesemorelocalized commercialareasareapttobe on more minor streets and willlikelybeinclose proximity toresidentialareas. THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS Traditional Neighborhood Form Suburban Form General Commercial Areas -The buildings are typically setback from die street widi park ing in die front ofor surrounding the build ing.These commercial areas are usually ona major arterial street.The commercial area often includes a variety of largeand small fa cilities.Multiple commercial facilities may be grouped on a single site or single businesses may be developed onan independent site. Typically theseareasarecomprisedofone storybuildings. General Commercial Highway/Interchange Commercial - These commercial areas are similar in ar rangement to a General Commercial Area ex- cept diey arelocatedat freeway interchanges. Usesaremoreapttobeaconcentrationof highway service uses-suchas motels,restau rants,and gasoline service stations-diat ex pecta significant customerbasefrom die passing motoristson die freeway.Thiscom pares to die general retail which expects its support primarily from die surrounding mar ket area. THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS HighwayI Interchange Commercial Office Districts -Generally,officedistricts area concentration of multiplestoryoffice buildings inacampusatmosphereevenif die multipleadjacentsitesareinseparate owner ships.Buildings are typically setback from die roadandeachsitehasitsownrequisitepark ingtomeetitsneeds.Office concentrations are most often located ona major arterialand nearfreewayinterchangesprovidingconve nient access throughout theregion.Office areasmayinclude supporting retailservices. Office Park Industrial Parks -Generally,industrial parks area concentration of singlestoryindustrial buildingsinacampus atmosphere evenifthe multipleadjacentsitesareinseparateowner ship.Industrial parksareusuallyon or near a major arterial.Theparksmayhaveacombi nation of large and small buildings and sites. Industrial Park Mixed Use Developments —Mixedusede velopmentsaremultiplestory buildings witha mix of retail,office and residential uses inte gratedinto die same building.Retail isen couragedorrequiredon die firstfloor widi die offices or residential above.A mixed use developmentmaybedesigned widi oraspart of atraditional neighborhood formorasa moretypicalsuburbanconfiguration. Mixed Use Development THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS The Relationship Between Highway Cha racteristics and Sign Standards The foregoing principles and implementation ofthemodel regulations (PartIII)canbeac complished widiout compromising any legiti matepublichealthandsafetypurposeseven whenthe regulations arerelatedto die charac terareasandnot die highway's characteristics. Governingthesign standards solely byroad factors suchas die speedof traffic or die number of lanes creates both administrative and political difficulties iftheroad conditions or characteristics weretochange.Therefore, die wiserapproachisto regulate thesizeand heightby "character districts".Even widi road changes,the signs will be approximately die rightsizeand height. Thesizesandheightsforthevarious signs recommendedintheseguidelinesarebased on previous studies thathave documented die letter height,design clarity,and areas needed toassure diat thesignscanbereadandcom prehended.These sources are included in AppendixC. PART II.LEGAL CONSIDERATIONS Local Government Regulation of Business Signs 1.Overview Localgovernmentauthoritytoregu latesignsisbasedon die "policepow er.""Policepower"isa shordiand termforgovernment'sauthorityto enactlawsandregulationsto preserve public orderand harmony andto promote die public health,safety and welfare.Zoningand other localregu latory powers are derived from die "policepower." Local governments routinely regulate signs througheithera"signcode"or dinanceor provisions forsign regula tioninazoningordinance.Whilesign regulations apply to several different types of signs,including "on-premise" residential,institutional and business signs and "off-premise"outdoorad vertising signs (commonly called bill boards),diis discussion islimitedto the regulation of "on-premise"busi nesssigns. Sign regulations normally place limits onthelocation,number,size (bodi in areaand height),and illumination of business signs.Theyalso specify standards for the construction,erec tion,and maintenance of signstruc tures.The basic enforcement tool for 11 localbusinesssign regulation istore quireabusinesstoobtainapermit priorto erecting anewsignor modify ingthestructure of anexistingsign. Obviously,apermitisissuedonly whenthe proposed signormodifica tioncomplieswith die provisionsin the code.In some communities,die sign regulations alsorequireperiodic examination of existingsignstoinsure theyareproperlymaintained. 2.Regulation of Size,Number and Location of Business Signs As previously noted,asigncode will normallyregulate die location,num ber,size,etc.of businesssigns.Itis common forsignregulationstovary dependingonthezoningdistrictin which a business is located.For ex ample,businesseslocatedina "High wayBusiness"District mightbeal lowedlargerorhighersignsthan businesses located in a "Local Busi ness"District.Such differences in regulatory treatment between districts maybejustifiedby differences insuch factorsastiiesize and speed of die districts'roadwaysor die typicalset backsfrom die right-of-wayinthedis trict.In some instances,variations in regulatory treatmentdependon die nature of the business itself;i.e.one typeof business (e.g.,anauto dealer ship)maybe allowed moreorbigger signs thananothertypeof business (e.g.,an appliance store);insomecases LEGAL CONSIDERATIONS die signsshouldreflectthesite's acreageandnotmerelybasedonroad frontage.Aswediscusslater,howev er,regulatorydistinctionsbasedon die type of businesscanraisesignificant legalissues. 3.Permit Application Requirements Almostallsigncodesrequire diat a businessapplyforandobtainapermit before erectingormodifyinga "per manent"businesssign.Itis not un usual,however,forsigncodestoex empt from tiiese permit requirements certain "temporary"businesssigns thatwillbedisplayedfora relatively briefperiod.Forexample,manysign codesallowabusinesstodisplaya vinylorclothbanneradvertisinga specialevent (e.g.,"AnnualSale"or "Model-yearCloseout")forperiods rangingfromafewdaystoseveral mondis.Mostsigncodesalsototally exemptsignsdisplayedinsidestore windowsfrom die permitrequirement (atleastuptosomemaximumpercen tage of thewindowarea,e.g.,25%or 35%)andsuchsignsmayremainin placeindefinitely. The permit process usuallybegins with die applicant obtaining a permit applicationfroma zoning orbuilding officialin die local government office. Permit applicationsnormallyrequire die applicantto submit various infor mation related bodi to the construc tionandinstallation of die signand die site where it will be installed or erected.Submission requirements will varyfrom community tocommunity. For example,while some codeswill requireonlyasketchor photograph of die property whereasignwillbein stalled,otiiers require die submission 12 of aformalsiteplan.Theapplication mustbe filled outcompletelyandac curately,and die accompanyingappli cationfeepaidin full,before theap phcationwillbe reviewed. 4.Permit Review Procedures There aretwobasicproceduresforlo cal government review of asignper mit:administrativeapproval,which stressesquantitative criteria,andde signreview,whichgoesbeyondquan titativecriteriato consider qualitative guidelines. Adiriinistrative approvalinvolvesa straightforwardobjectivelybaseddeci sion.An administrator reviewsaper mitapplicationtodetermineifit complies widi thenumericalstandards statedinthesigncodeandapproves orrejects die applicationbasedon whether the proposed signwillbein compliance. Designreview,incontrast,supple mentsnumericalstandardswithqua litativeguidelines diat attempt to "fine-tune"signapprovaldecisionsby evaluatingthe relationship between anygivensignandits proposed site basedonspecifiedcriteria.For exam ple,adesignreviewprocessmighttry toachievegreater "compatibility"be tweenstructuresandsignsbyadding design standards relatedtosignmate rials,lightinganddesign.Proponents of designreviewclaim that die addi tion of thisdiscretionaryprocess promotes creativitybyapplicantsand permits greater flexibility insignap proval.Critics of designreviewargue that die processcreatesuncertainty about permit approvalsand signifi- LEGAL CONSIDERATIONS candy increases both die costandtime requiredtoobtainapermitapproval. Itis possible,however,tohaveanop tionaldesign review process,onethat isvoluntarilyenteredintobyappli cants,rather than a mandatory one. Thisoption allows theapplicantto choosebetweendesigningasign stricdyaccordingto numerical stan dards(which sometimes areveryre strictive)orgoingthroughadesign review processthat allows forlarger signs,more flexibility,or bodi.For example,thenumericalstandardfora projectingsignmightconsist of a maximum allowablearea of "x"square feet.Thiswouldprobablyproducea simple,rectangular sign,maximizing thecopy area.Suchasignmightsay "Elder DayClub."Underanoptional designreviewprocess,thesignarea couldbeincreasedbyacertainper centage.Butthe sign wouldneedto includeaunique,eye-catchinglogo that would add liveliness to die streetscape.Suchamethod rewards bothbusinessesandsignproducers for creative efforts. 13 MJdMMiMjiiidi . Illustration of bonus area for creative,'eye catching'logos 5.Sign Variances Avarianceisalegaldevice diat allows alocal government to provide aprop erty owner widi relief from die normal application of somerestrictioninthe zoningcode,suchasminimumlotor buildingsize,heightlimits,orsetback requirements.Variancesaregranted when government determinesthat diere arespecial circumstances,unique to die propertyinquestion,thatwould create practicaldifficultiesif die zon ing code were enforced as written. Requestsforavarianceduetothepe culiarities of the property involvedare also appropriate when signregulations areappliedtospecificproperties.A commonlyoccurringsituationis whereadherencetothesigncode wouldseriously compromise thevisi bility of asignand tiius potentially harm die economic viability of die business.This situation can occur,for example,whereasignificantgradedif ference exists between die property andanadjacentornearbystreetor highway fromwhichthe business is LEGAL CONSIDERATIONS expectedtodraw significant vehicular traffic,andabusinesssignlimitedto theheight,type,orlocationpermitted bytheordinancewould not be fully visiblefromthatstreetor highway.In suchcases,tiiere is litde reason whya varianceincreasingtheallowable height of thesign should not be granted. o InCalifornia,die problem posed to businessesby die situation described abovewasaddressedby die state legis latureina statute diat provides: Regardless of any other provision of this chapter or other lew,no city or county shall require the removal of any on-premises adver tising display on the bases ofits height or si^e by requiring conformance with any ordinance or regulation introduced or adopted after March 12,1983,if special topographic cir cumstances would result in a material im pairment of visibility of the display or the owner's or user's ability to adequately andef fectively communicate with the public through use of the display.Under these circumstances, the owner or user may maintain the advertis ing display at the business premises andata location necessary for continued public visibil ity at the height or si-^e at which the display was previously erected and,in doing so,the owner oruser isin conformance. Legal Issues in Regulation of Business Signs 1.Overview Wliile tiiere can be no doubt that,asa generalmatter,"policepower"autho rizeslocal government regulation of business signs,specificregulations maybeunlawfulbecausetheyviolate California Business and Professions Code Section 5499. 14 rightsguaranteedbythefederal,ora state's,constitution orthose granted byfederalorstatestatutes. The most common legal concerns aboutthevalidity of alocalgovern ment'sregulation of businesssignsare basedon one or more of die following constitutional provisionsandstatutes which are discussed below: a.The First Amendment's guarantee of "freedom of expression." b.The Fifth Amendment's (orastate law's)protection of property rights. c.The Fourteenth Amendment's separateguarantees of dueprocess of lawandequal protection under die law. d.The Lanham Act's protection of federally registeredtrademarks. 2.First Amendment Issues:Content- Based vs.Content-Neutral Sign Regulations Thesingle most important concernin signregulationis whether theregula tionis "content-based"versusbeing "content-neutral."A content-neutral regulation willapplytoasignregard less of die content of die messagedis played.The most common form of content-neutral regulationisso-called "time,placeor manner"regulation which,as die name suggests,doesno more tiian placelimitsonwhen, where,andhowamessagemaybe displayedonasign.In contrast,asign regulationthatbasestheregulatory treatment of thesignonthe content of themessagedisplayed—orthe LEGAL CONSIDERATIONS identityoftheentity displaying the sign —is "content-based."Provisions insignordinancesthatarecontent- basedarenotinvalid per se.Rather, courts apply a more stringent level of judicial review to provisions in sign ordinances that are content-based (strict scrutiny)vs.provisions thatare content-neutral (intermediate scruti ny). Whenlocalgovernmentsenactsign regulations diat are entirely -oreven predominandy —content-neutral, courts have litde difficulty upholding the regulations against a legal chal lenge.Conversely,content-based regu lations diat are found toregulateon die basis of content in a manner diat allowsforanydegree of "censorship" (i.e.,preferring some kinds of sign content over odier kinds),have been ruled invalid. Recent rulings wherecourtshave struck-down content-based signcodes include cases from Oliio,2 Michigan, and Washington.4 One case,from the Cleveland,Ohio suburb of North Olmsted,wasa particularly egregious example of content-based provisions. Thedistrictcourt'sdecisionprovided several examples of theway die use classifications categorize,define, and/or limit signs bytheircontent. One example noted diat a "directional sign"infrontofa business could con tain words such as "Enter Here"or 2 NorthOlmstedChamberofCommercev.City of NordiOlmsted,108 F.Supp.2d 792(N.D.Oliio 2000) andXXL of Oliio,Inc.v.City of BroadviewHeights. 341 F.Supp.2d 765(N.D.Oliio 2004). 3 King Enterprises v.Thomas Township,215 F.Supp.2d 891 (E.D.Mich.2002) 4Ballen v.City of Redmond.466 F.3d 736 (9th Ok. 2006). 15 "Entrance,"but could not displaythe McDonald's"goldenarches"logoor the words "Honda Service."A second described how an "identification sign" couldincludeonly die "principal types ofgoodssoldor services rendered" but "die listing of numerousgoods and services,prices,saleitems,and telephonenumbers"wasprohibited; dius,a Dodge dealership'ssigncould display itsname-GreatNorthern Dodge-butwasprohibitedfromdis playing die "FiveStarDealer"desig nation ithad been awardedby die Daimler-Chrysler Corporation. Directional sign with logo.North Olmsted's con tent-based sign code would not allow this sign be cause it includes McDonald's "golden arches"... even though that feature could enhance traffic safety without significantly affecting aesthetics. Butwhereasigncode's "content" provisionswerefarless egregious,and intended tomakethesigncodemore "workable,"rather than to censor, courtshaverejected challenges based on theclaim diat asigncode con tained content-based provisions.Re cent examples ofdiese decisions in cludecasesfromMaine,Oregon,' 3 B&B CoastalEnterprises,Inc.v.Demers,276 F.Supp.2d155(D.Maine 2003). 6G.K.Ltd.Travel v.City of Lake Oswego,436 F.3d 1064 (9di Cir.2006). LEGAL CONSIDERATIONS andPennsylvania.'Theposition of die courts in these cases has been that local government needssomeleeway innavigatingthedangerouspassages of First Amendment law.Thus,when diere are a limited number of content- basedprovisions diat arenotintended tocensororrestrictspeech,courtsare tendingtoupholdthecodeagainsta challenge diat itisunconstitutionally content-based. 3.First Amendment Issues:Sign Permitting Procedures as an Unlawful Prior Restraint This issue is related to die content- neutral issueabove.When a govern mentregulationrequiresanofficial approvalasa pre-condition to"speak ing"—forexample,displaying asign— courtsare concerned that die approval requirement couldbeanunlawful "prior restraint"on freedom of ex pressionbyprohibitingorunnecessa rilydelayingthecommunication.Ob viously,asigncoderequirement diat a permit mustbeobtainedtodisplaya signraisesconcerns about theprior restraint issue.If asigncodeiscon tent-neutral,itishighlyunlikelya court willfindanunlawful prior re straint;however,courts are far more likely tofind diat the peimitting processforsignsisanunlawfulprior restraint ifasigncodeisfoundtobe content-based Recent court decisionsinvolving prior restraint challenges toreasonablesign permitting procedures incaseswhere die code is content-neutral,have al most uniformlyupheldreasonable procedures under die rationalean nounced by die U.S.Supreme Court 7Riel v.City of Bradford,485 F.3d 736 (3d Cir.2007). 16 ina2002case,Thomas v.Chicago Park District,8 These recent decisions have also shown that courts are reluctant to strikedowna permitting procedure basedmerelyonaclaimthatthepro cedure could be —ratiier than has been—usedto discmiiinate among applicants. For example,ina case from Florida,9 theplaintiffarguedthatthelack of specific time limits in die city's sign ordinance conferred excessive discre tiononcityofficials,thereby poten tially chillingspeechbeforeitoccurs. Whileacknowledging die possibility cityofficialscoulddelay die processing of certainpermitapplica tions,andtherebyarbitrarilysuppress disfavoredspeech,die courtcon cludedthat "[w]e willnot,however, addresshypotheticalconstitutionalvi olations in die abstract.As die Su premeCourtnotedin Thomas,webe lieve 'abuse must be dealt with if and whena pattern of unlawfulfavoritism appears,ratiiertiianbyinsistingupon adegree of rigiditythatisfoundin fewlegal arrangements.1 "quoting Thomas v.Chicago Park District. 4.First Amendment Issues:Total Prohibition on a Category of Signs Signcodescanbesubjecttostrict scrutinywhentheyimposeatotal prohibition onanentirecategory of signs,evenwhere die regulationis not content-based.Ina1994 case,10 the U.S.Supreme Court struck down ato tal prohibition onlawnsignsinaSt. Louis suburb's signcode.Even 8534U.S.316(2002). 9 GraniteState Outdoor v.City of St.Petersburg,348 F.3d1278(11thCir.2003). 10 City of Laduev.Gilleo,512U.S.43 (1994). LEGAL CONSIDERATIONS thoughthecodedidnot regulate the signs basedondieircontent,the Courtruledthat die signs homeown ersplaceontheirlawnsconstitutean importantanddistinctmedium of ex pressionfor political,personalorreli gious messages.Thus,the city's total banonsuchsigns,inconjunction widi die city's failure toprovideadequate substitutes forsuchan important me dium,wasan unconstitutional restric tiononexpression. Challenges toacompletebanonpole signs havehadmixedresultsdepend ingonthe specific facts in die case. In die previouslynoted North Olmsted case,an Oliio federal district court found diat aselectivebanonpole signs thatcarriedcommercialmessag es was unconstitutional.But a Ninth Circuit Court of Appealscasefroma Pordand,Oregon suburb11 found that acontent-neutralprohibitiononpole signs was permissible. 5.First Amendment Issues: tcVagueness"and "Overbreadth" Evenwhereasignregulationis otii- erwisevalid,itmaybestruckdownif a court findsthelanguagesovague diat itisunclearwhattype of expres sionis actually regulatedorsobroadly worded that it has die effect of re strictingspeechtoagreaterextent dian necessary to achieve die goalsof die regulation. Thesetwoprinciples-termed"void forvagueness"and"overbreadth"— requirethatgovernment regulation of expression be precise.Thisinsures diat:(1)individuals will knowexacdy 11 G.K.Ltd.Travelv.CityofLake Oswego,436F.3d 1064 (9,h Cir.2006) 17 what forms of expressionarere strictedand(2)laws that legitimately regulatecertainforms of expression are not sobroadly written diat diey al so illegitiiiiately regulate other types of expression.These twoprinciplesare closely related,andcourtsoftenfind diat an ordinance violates both;how ever,tiierehave been veryfewsuc cessful challenges toon-premisesign codesbasedonvaguenessandover breadth. 6.Fifth Amendment Issues:Removal and Amortization of Nonconforming Signs Provisions for the removal —or com ingintocompliance—of noncon formingsignsarenormallyincludedas part of asignordinance.Examples of limitationsona nonconforming sign thatareclearlylawfulinclude:a prohi bition onincreasingtheareaorheight of a nonconforming signandrequir ing that a replacement signstructure conform tothenewregulationswhen a nonconforming sign structure isre moved. Asageneralmatter,localgovern mentsin most statesmayrequiretime lycompliancewithalllanddevelop ment regulationssolongasdueregard isgiventosubstantialinvestments. Courtsgenerallyagree diat localgov ernments mayvalidly require owners of nonconfoiming structuresanduses tobring diem intocomplianceupon die happening of prescribed events. For example,conformity withthesign ordinance mayberequiredasapre condition toexpanding die noncon formingsign,asa precondition tore construction of die signafteritssub stantial destruction,before takingac- LEGAL CONSIDERATIONS tion diat would extend the life of die nonconforming signandafter die sign has been abandoned. Manycodesalsorequirethatasignbe brought intoconformityiftiiereisa changein die messagedisplayedon thesign.Courtdecisionsaremixedon whether suchaprovisionis content- based.There are several state court decisions diat haveruledsuchaprovi sionisunlawful,includingcasesfrom Alabama,12 Arizona,13 New Hamp shire,14 NewJersey,15 andNew York.16 Suchaprovisionwasrecendyupheld, however,bythe Nintii Circuitina casefroma Pordand,Oregon sub- urb.17 Regardless of whether suchaprovi sionisadjudgedcontent-neutral;how ever,thereisreallynocompellingar gumentinfavor of cutting short the non-conforming status of asignab sentasimultaneouschangeinowner ship of die business and die sign face. Odierwise,die retention of non conforming statuscanbemoreamat ter of luck dian anythingelse.Forex ample,asactually happened inthe North Olmsted case,aChryslerdealer lost die non-conforming status of a signwhen die corporate name changed to Daimler-Chrysler whilethe 12 BudgetInn of Daphne,Inc.v.City of Daphne,789 So.2d574(Ala.2000). 13 Motel6OperatingLtd.Partnershipv.CityofFlags taff,195Ariz.569,991P.2d272 (1999). 14 Ray's Stateline Market,Inc.v.Town of Pelham,140 N.H.139,665A.2d1068 (1995). 15 Rogers v.ZoningBd.ofAdjustmentofthe Village of Ridgewood,309 N.J.Super.630(App.Div.1998),affd 158 NJ.11,726A.2d258 (NJ.1999). 16 KevinGrayEastCoastAutoBodyv.Village of Nyack,566N.Y.S.2d795 (N.Y.App.Div.1991). 17 G.K.Ltd.Travelv.CityofLakeOswego,436F.3d 1064 (9di Cir.2006). 18 Toyota,Ford,Buick,etc.cardealers' signsretaineddieirnon-conforming statusbecausetiierewerenocorpo ratenamechanges. Amortization is another widelyused techniquetoeffect die removalof nonconforming signs.Amortization provisionsnormallypermita noncon formingsigntoremaininplacefora sufficientperiodtoamortizeitscost before requiringitsremoval.Except where diere isanexpressstatutoryre quirementthat"justcompensation" bepaid,diemajority of courtshave beenwillingtoallow die use of amor tizationasaconstitutionallyaccepta ble method forachievingtheremoval of nonconforming signsandamortiza tionperiodsrangingfromten months totenyearshavebeenupheldbystate and federal courts. While amortization has been upheldas ageneralmatter,itis important diat any amortizationrequirement contain anappealprovisionthat allows the owner of aspecificsigntoobtainan extensionoftheperiodrequiredto comeintoconformitybydemonstrat ingitwouldbea financial hardshipto meet die originalrequirement.Com munitiesmayalsowanttoconsider whedier placinganamortizationpro visioninasignordinance simply sends die wrong messagetobusiness es;diat is,if die prospect exists diat a businessmaybeforcedtoreplaceits signage,itwillhave litde incentiveto installsignstiiatarewell-craftedand aestiietically pleasing. LEGAL CONSIDERATIONS 7.Fifth Amendment Issues:Sign Permitting Fees Localgovernmentmay lawfully charge asignpermitfeesolongasthe amount of die feeisreasonablyrelated to die costs actually incurredinthe adrninistration and enforcement of the permit system.Inotherwords,itis legal to require sign owners topay all reasonablecostsincurredbyalocal government associated withtheopera tionofasigncode,includingpermit ting requirements and enforcement. For example,diis includes die admin istrativecostsforprocessingandre viewing applications and renewals,and die cost of inspections,suchasthe salaries of inspectors. Note,however,diat ifasignpermit feeis challenged,localgovernment willbear die burden of provingthat die fee charged bearsa reasonable re lationship to die actual costsofadmi nistering thepermit system.If die fee hasbeen calculated properly,thisis nota problem,butcourts will invali date sign permit fees ifalocalgov ernment fails to show that the fee was reasonably relatedtothecostsofen forcement.18 8.Fourteenth Amendment Issue: Challenging Aesthetics and Traffic Safety Initsfirstrulingonabroad-based challenge toa local signcode,die U.S.Supreme Courtruled diat local governments could normally regulate signs basedon concerns about traffic 18 See,e.g.,Soudi Suburban Housing Centerv.Greater SouthSuburbanBd.of Realtors,935F.2d868 (7th Cir. 1991). 19 Metromedia,Inc.v.CityofSanDiego,453U.S.490 (1981). 19 safetyandaestheticswithouthavingto provideanyevidencethattheirsign regulationsinfactserved diose inter ests.After that decision,courts were extremelydeferentialtogovernment claimsthatitsregulationsarebasedon aesdietics and/or trafficsafetycon cerns. Some recent decisions,however,have looked more closelyat government's claim diat itssignregulationsare easily justifiedmerelybyreferencetotraffic safetyandaestheticsassubstantialgo vernmental interests. In a recent case from a Cincinnati, Ohio suburb,20 the majority of die judges ona federal appeals courtruled diat a village couldnot justify itsre strictionson "for sale"signsposted onvehiclesmerelybyciting Metrome dia's approvalof aesthetics andtraffic safetyconcernsas justifying signregu lations.Themajoritynotedthatthe Metromedia court haddeclinedtodisag ree widi the "accumulated common- sensejudgments of local lawmakers and of die manyreviewingcourts[that found]diat billboardsarerealand substantial hazards totrafficsafety;" but in diis case,the record demon strated "no comparable legislative or judicial historysupportingtheconclu sion diat restrictions placedon 'For Sale'signs postedon vehicles address concrete harms or materiallyadvance agovernmentalinterest." Thedissentingjudgesin diis casear guedthat requiring any evidence that die prohibition substantially advanced die government'sinterestin traffic 20 Paganv.Fruchey,492F.3d766(6thCir.2007). 21 492 F.3d at 774-75. LEGAL CONSIDERATIONS safetywould burden government widi "poindess formalities."Rather,the dissentersclaimed "The justification forforbiddingtheplacement of for- sale automobiles on die publicstreets —forinspectionbypotentialbuyers— issimplyobvious:peoplemaybe drawn to stand in die street for non- traffic purposes."22 23Inanodiercase,~J a federal district courtruled diat aLosAngelesbanon newbillboardsdid not directiy ad vance die city'sclaimedinterestsin traffic safetyandaestiieticsgiven die city'sexemptingfromthebannew off-sitesignson diousands of kiosks, transit shelters and benches from which die citywouldderiverevenue. In an associated case from a Seattie suburb,24 die sign code hada restric tionon portable signsthathadnu merousexemptions,includingonefor realestatesigns.Theregulationwas challengedbyastoreownerwhohad hiredanemployeetostandon die si dewalkwearingasigntoattracttheat tention of motorists.While the federal appeals court acknowledgedthatthe challengedregulationservedthecity's interests in aesthetics and traffic safe ty,itruled diat thecity'sfailureto demonstrate whyrealestatesigns compromised tiiose interests so litde diat theycouldbelawfullydisplayed meant diat die regulationfailed under what is knows as die "reasonable fit" analysis,which die SupremeCourt 22 492 F.3d at 779. 23 MetroLights,L.L.C.v.CityofLosAngeles,488 F.Supp.2d 927 (CD.CA2006). 24 Ballenv.CityofRedmond,466F.3d736(9thCir. 2006). 20 adoptedina1993casefromCincin nati.25 Other recent decisions,however,have followed Metromedia's deferential stance.Inparticular,tworecentcases haveupheldbansonelectronicmes sagecenters(EMCs)byacceptingthe local governments'assertion diat die ban servedtrafficsafetyand aesdietic interests without requiringanyeviden tiaryshowingfromthelocalgovern ments.26 9.Fourteenth Amendment Issue: Permit Review Procedures Therearetwobasicproceduresforlo cal government review of asignper mit:administrativeapproval,which stressesquantitativecriteria,andde signreview,whichgoesbeyondqua litativecriteriato consider qualitative guidelines. Administrativeapprovalinvolvesa straightforwardobjectivelybaseddeci sion.An administrator reviewsaper mitapplicationtodetermineifit complieswitiidienumericalstandards statedindiesigncodeandapproves orrejectsdieapplicationbasedon whetherthe proposed signwillbein compliance. 25 City of Cincinnativ.Discovery Network,Inc.,507 U.S.410(1993). 26 See,Naser Jewelers,Inc.v.City of Concord,2008 WL276529 (D.N.H.),affd,538F.3d17 (1st Cir.2008) andChapin Furniture Oudet v.Town of Chapin,2006 WL 2711851 (D.S.C.),vacated andremandedfor dismissal on other grounds,2007WL3193854 (4th Cir.);Manas v.City of Livonia,575F.Supp.2d807(E.D.Mich.2008);Carl son'sChryslerv.City of Concord,938A.2d69(N.H. 2007). LEGAL CONSIDERATIONS Designreview,incontrast,supple mentsnumericalstandards widi qua litativeguidelinesthat attempt to "fine-tune"signapprovaldecisionsby evaluating die relationshipbetween anygivensignanditsproposedsite basedonspecified criteria.Forexam ple,adesignreviewprocessmighttry toachievegreater"compatibility"be tween structures andsignsbyadding designstandardsrelatedtosignmate rials,lightingand design. Proponents of designreviewclaim diat the addition of this discretionary processpromotescreativitybyappli cantsandpermitsgreater flexibility in signapproval.Critics of designreview arguethattheprocesscanbecome undulysubjective—oreven"mask" odier agendas—andevenwhenrela tively weU-administered itcancreate uncertaintyaboutpermitapprovals andsignificandyincrease bodi thecost andtimerequiredtoobtainapermit approval. Itispossible,however,tohaveanop tionaldesignreviewprocess,onethat isvoluntarilyenteredintobyappli cants,rather thana mandatory one. Thisoption allows theapplicantto choose between designingasign stricdyaccordingtonumericalstan dards(whichsometimesareveryre strictive)orgoingthroughadesign reviewprocessthat allows forlarger signs,more flexibility,orboth.For example,die numericalstandardfora projectingsignmightconsistofa maximum allowablearea of "x"square feet.Thiswouldprobablyproducea simple,rectangular sign,maxiinizing die copyarea.Suchasignmightsay "Sam's Seafood."Under an optional 21 designreview process,die signarea couldbeincreasedbyacertainper centage.Butthesignwouldneedto includeaunique,eye-catchinglogo, suchasajumpingfish,diat wouldadd livelinesstothestreetscape.Sucha method rewards both businesses and sign producers forcreativeefforts. 10.Fourteenth Amendment Issue:Sign Variances Avarianceisalegaldevice diat allows alocalgovernmenttoprovideaprop ertyownerwithrelieffrom die normal application of some restriction inthe zoning code,suchas niinimum lotor building size,heightlimits,orsetback requirements.Variancesaregranted whengovernmentdeterminesthat therearespecialcircumstances,unique to die property inquestion,thatwould createpracticaldifficultiesifthezon ingcodewere enforced aswritten. Requestsforavarianceduetothepe culiarities of die property involvedare also appropriate when signregulations areappliedtospecificproperties.A commonly occurring situationis where adherence tothesigncode wouldseriouslycompromise die visi bility of asignandthuspotentially harm the economic viability of the business.This situation can occur,for example,whereasignificantgradedif ferenceexists between the property andan adjacent or nearby street or highwayfromwhichthebusinessis expected todrawsignificantvehicular traffic,andabusinesssignlimitedto die height,type,orlocation permitted bytheordinancewouldnotbe fully visible from that street orhighway.In suchcases,tiiereislittlereasonwhya varianceincreasingtheallowable LEGAL CONSIDERATIONS height of thesign granted. should not be 11.Lanham Act Issue:Protection of Federally-registered Trademarks The federal Lanham Trademark Pro tectionActprovidessubstantiallegal protectiontocompanies diat have registered their trademark logos,sym bolsandcolorswiththefederalgov ernment.In1982,Congress amended die Act(15U.S.C.§1121 (b))to pro hibit die enforcement of state or local regulations diat wouldrequirethe"al teration"of afederallyregistered trademark. Local government sign regulations can implicatetheLanhamActwhenever tiieyrequirea business owner to changethecolor,typescript,orshape of aregisteredtrademarkdisplayedon abusinesssign.Theabilitytodisplay atrademarkonabusinesssignwith out "alteration"is important tobusi ness owners,of course,because it al lowsthemtotakefulladvantage of thenationaladvertisingandbusiness goodwillassociatedwiththeunaltered trademark. Example ofa typical corporate trademark Whilethelanguageinthe1982 Amendment prohibits state andlocal 22 governmentsfromrequiring die "alte ration"of a trademark,die Amend mentdoesnot specifically mention sign regulations.Asaresult,die two federalappellatecourtsthathavecon sideredLanhamActchallengestolo calsign regulations havereachedop posite decisions.Inacasefroma suburbofRochester,New York,27 die federalappeals court fortheSecond CircuitrejectedaLanhamActchal lengetoalocalsigncodethatrequired abusiness owner tochangethe color or some other element of afederally registered trademark.Butinacase from Tempe,Arizona,28 the federal appeals courtfor die NinthCircuit upheldsuchachallenge. Thus,forthe moment,theonlybusi ness owners who are assured they have die righttodisplaya federally registeredtrademarkontheir business signsare diose instatescomprising die Ninth CircuitCourt of Appeals: California,Oregon,Washington,Ari zona,Nevada,Idaho and Montana, plus Alaska &Hawaii.Business own ersinstates comprising die Second Circuit Court of Appeals—NewYork, Connecticut &Vermont —clearlyhave nosuch protection,whilebusiness owners in all otiier states lack clear guidanceon whedier diey areorare notprotectedbytheLanhamAct. Despitethelegaluncertaintiesoutside die Nindi and Second Circuits,from a trafficsafety standpoint tiiereislittie tobesaidforanylocalregulational teringatrademark/logoona sign. 27 Lisa'sPartyCity,Inc.v.Town of Henrietta,185F.3d 12,15(2dCir.1999). 28 BlockbusterVideos,Inc.v.City of Tempe,141F.3d 1295(9thCir.1998). LEGAL CONSIDERATIONS Such logos,withdieir distinctive col orsand designs,are easily and quickly recognized bymotoristsand allow for quick decision-making,and dius safe trafficmaneuvers,whiledriving. 12.Note on Availability of Damages and Attorneys'Fees Under 42 U.S.C.§1983 Whenalocal government violatesan individual'sconstitutionalrights,diat individual is entided to sue die local government in federal courtundera federal statute,Section 1983 of die Civil Rights Act of 1871.29 Section 1983 clearly applies whenlocalgov ernment unlawfully interferes widi a business owner's property and/or first amendmentrights associated widi a lawfully erectedbusiness sign.Inad ditiontomaking municipalities poten tially subjecttomoney damages for violation of a business owner's consti tutional rights,30 a successful demon stration of a violation of constitutional rights pursuanttoa Section 1983 claimmay entide die injuredpartyto attorneys'fees31 and punitive damages, 29 Thestatute provides diat every "personwhounder colorofanystatute,ordinance,regulation,custom,or usage of any State ...subjects or causes tobe subjected, any citizen of die United States orother person within die jurisdiction diereofto die deprivation ofany rights, privileges,or immunities secured bythe Constitution and laws,shallbe liable tothepartyinjuredinanaction at law,suitin equity,or odier proper proceeding for redress...."42U.S.C.§1983. 30 Section 1983 provides that parties suedunder die statute"shallbeliabletothepartyinjuredinanaction atlaw"and die Supreme Courthasruled diat,byanal ogy to die common law of torts,damages are available fora "constitutional tort"under diis section;see Carey v.Piphus,435U.S.247 (1978). 31 42 U.S.C.§1988 provides diat reasonable attorneys' feesandcostsmaybeawardedtothe prevailing party ina lawsuit broughtunder42 U.S.C.§1983.Thus,for example,ina case from a suburb of Cleveland,Oliio, die courtawarded$308,825.70inattorneys'feesand 23 dependingon die motiveandintentof die governmentofficialandwhether theofficialhasabsoluteorqualified immunity;'5"however,municipahties bylawcannotbe liable forpunitive damagesunderSection 1983."' coststoa Realtors'association diat hadsuccessfully challengedasignordinance'sbanonrealestatelawn signs.See Cleveland AreaBd.of Realtors v.City of Euclid,965F.Supp.1017(N.D.Oliio 1997). 32 Asa general matter,local officials haveabsoluteim munity regarding adjudicatory mattersand qualified immunityforodiermatters;see,e.g.,Desert Outdoor Advertising v.City of Moreno Valley,103 F.3d814 (9th Cir.1996). 33 CityofNewportv.FactConcerts,Inc.,453U.S.247 (1981). PART III.MODEL REGULATORY GUIDELINES Section 100.Purpose of the Regulations 1.To promote die creation ofan attractive visual environ mentthatpromotesa healthy economy by: a.Permitting businesses to inform,identify,and commu nicateeffectively;and b.Directing the general public through die use of signs while maintaining attractive and harmonious applica tionof signs on die buildings andsites. 2.To protect and enhance die physical appearance ofthe community ina lawful manner diat recognizes die rights of property owners by: a.Encouraging the appropriate design,scale,and placement of signs. b.Encouraging the orderly placement of signs on die building while avoiding regulations diat areso rigid and inflexible diat all signs ina series are monotonously uniform. c.Assuring diat die information displayed ona sign is clearly visible,conspicuous,legible and readable so diat the sign achieves die intended purpose. 3.To foster public safety along public and private streets within die community by assuring that all signs are in safe and appropriate locations. 4.To have administrative review procedures diat are die minimum necessary to: a.Balance the community's objectives and regulatory requirements widi die reasonable advertising and way finding needsof businesses. b.Allowforconsistentenforcement of die SignCode. c.Minimize die time required to review a sign application. 25 Comment:This section,using an outline for "typical"sign regulations,establishes suggested standards and criteriathatare consistent with the Principles establishedin PART Iandthe Legal Considerations in PART II. This model section focuses on the basic framework for business related signs.It has notfocused on residential signs,temporary signs, ora normal appeals process. Therefore,this section does not represent the entire sign code that a community may require. Comment:The purposes of the sign regulations are to balance public and private interests ina manner that recognises the im portance of business advertising, through signs,by acknowledging that signs and their message must be visible and comprehens ible in order to provide identifi cation and thus assuring that the intended audience is able to find their way. ........—,. Comment:The measurement standards should be"reasona bly"flexible to insure that sign messages are not unnecessarily restricted as the-result of overly stringent methods of measuring height and area.For example, when measuring the height ofa freestanding sign,topographical irregularities will be taken into consideration. Comment:One important con sideration in determining if a "feature"—landscape or archi tectural -should be excluded from the sign area is whether the feature or element,without letter ing or logos,would otherwise be constructed —aspartof the building or site development.If the answer is 'yes,"then the area of the feature should be excluded from being partof the sign. The lowerportion ofa solid base sign should also be excluded from the sign area. MODEL REGULATORY GUIDELINES d.Provide flexibility asto die numberandplacement of signs so die regulations aremore responsive to business needswhilemaintainingthecommunity'sstandards. Section 101.Measurement Standards 101.01.Determining Sign Area and Dimensions. 1.Fora wall signwhichis framed,outlined,paintedor odi- erwisepreparedandintendedtoprovideabackgroundfor asign display,theareaanddimensionsshallincludetheen tire portion withinsuchbackgroundorframe. 2.For a wallsigncomprised of individual letters,figures or elementsonawallorsimilarsurface of die buildingor structure,die areaanddimensions of thesignshallencom passaregulargeometricshape (rectangle,circle,trapezoid, triangle,etc.),oracombinationofregulargeometric shapes,which form,orapproximate,theperimeter of all elementsinthedisplay,theframe,andanyappliedback ground thatis not part of die architecture of thebuilding. Whenseparateelementsareorganizedtoformasingle sign,butareseparatedbyopen space,die signareaanddi mensions shallbecalculatedby determining die geometric form,or combination of forms,which comprises all of die displayareas,including die spacebetweendifferentele ments.Minorappendagestoaparticularregularshape,as determinedbythe Zoning Enforcement OfficerorPlan ningCommission,shall not beincludedin die totalarea of asign. 3.Forafreestandingsign,thesignareashallincludethe frame,ifany,but shallnotinclude: a.Apoleor odier structural support unlesssuchpoleor structural support isinternallyilluminatedorotherwise sodesignedto constitute adisplaydevice,or a part of a displaydevice. b.Architectural features diat are eidier part of thebuild ingorpart of afreestandingstructure,andnotan integralpart of thesign,andwhichmayconsist of landscaping,building or structural forms complement ing die siteingeneral. 26 MODEL REGULATORY GUIDELINES WallSignArea-Examples of AreaCalculationsandthe Effect of Measurement Alternatives Examples Measuring the examples using multiple geometric shapes Representation ofsign areas using single geometric shapes equivalent to the areas (square feet)using multiple geometric shapes. Area -63% Letter Height -47% Penalty When Using a SingleGeometricArea Area -40% Letter Height -30% Area -66% Letter Height -40% These examples illustrate that when a single geometric shape is required to measure the sign area ofa unique, attractive sign,that the si^e and effectiveness ofthe sign ispenalised (substantially reduced in height and aim) compared to measuring the sign with multiple geometric shapes. Open space -part of sign area SisnArea Minor Protrusion -not included insign area This illustrates theareastobe included withinthe calculation ofa Sign Area.Itis useful to include,in the sign regulations,illustrations that interpret provi sionsinthe code,similartothis one. Comment:When measuring wall signs,multiple geometric shapes should be used,rather than one rectangle.This is to assure that "air space"or "the background wall"are not included as part of the sign area.When reasonable background areas are not excluded then uniquely shaped • signs are often penalised.This is because in order to comply with the max'wtum area (using a single geometric shape)the message area will be smaller than other "conventionally"shaped signs in the vicinity,or even on the same building.Furthermore,the sign ?nay not be adequately visi ble. 27 Comment:Multiple faced signs are particularly applicable on corner lots when the regulations permit the consolidation of mul tiple signs into one larger sign "at the corner."One larger sign is often viewed as more prefera ble than multiple smaller signs. MODEL REGULATORY GUIDELINES Calculation of Freestanding Sign Area The black dashed line indicates the sign area _..Ocean Breeze A PLANNED COMMUM i'l Solid Base Under Sign Not r_Counted :ic ;•'-••.-•-.—-,r _.• In the sign to the left,theframe may ormay not be included in the sign area. In the sign above,the solid base is not included inthe si&n area. 4.Whentwoidenticalsignfacesareplacedbacktobackso diat bodi facescannotbeviewedfromanypointatthe sametime,andarepart of thesamesignstructure,die sign areashahbe computed asthe measurement of one of the twofaces.Whenthesignhasmorethantwodisplaysur faces,die area of thesignshallbe die area of largestdisplay surfacesthatarevisiblefromanysingledirection. The area ofa sign,with more than two faces,would be calculated as the area of the largest nctangular plane of the panels that are visible from any single location. 5.In die event of adisputeindeterminingtheareaordimen sionsofany sign,a negative decision of die ZoningEn forcementOfficermaybe appealed,by die applicant's submittingaformalapplicationto die Planiiing Commis sion(Seealso Comment inSection106). 28 MODEL REGULATORY GUIDELINES 101.02.Determining Sign Height. 1.The height ofa freestanding sign shall be measured from the base ofthe sign or supportive structure atitspointof attachment tothe ground,tothe highest pointof die sign. A freestanding sign ona man-made base,including a graded eardi mound,shall be measured from the grade of die nearest pavement ortopof any pavement curb. The height ofa sign is measured from the grade of the street level where the sign is viewed;not from the top ofthe mound When the sign is too low,it has limited effectiveness particularly when itis blocked from view. Fitrthewwre,inmost instances itis unrealistic to expect that the parking can be moved to make these lower signs more visible. Alternatively,if the parking is eliminated,the remaining park ing spaces will often fall below the code required and what the businesses)need.Acceptable sign height 2.Clearance for freestanding and projecting signs shallbe measured asthe smallest vertical distance between finished 29 Comment:The measurement of the sisji height isto assure that o o each sign has reasonable and, generally,equal visibility.This means that if the grade of the site is substantially lower than the adjacent public street,the Zoning Enforcement Officer should have the authority to determine that additional sign height is warranted (above the lower grade)to assure that the sign has visibility equal to the other signs along the street.Al ternatively,the sign should not be granted extra height by mea suring the heightfrom an "artifi cial"site feature that has raised the base of the sign substantially above the grade of the adjacent street. -naaaga^- STREET Primary Frontage Secondary Frontage Multiple Tenant Building Comment:A minimum area al lowance assures that eventhe smal lest tenant is able to have a sign that is visible tothe intended view er. Comment:Even wheneach tenant is entitled to a proportional share of sign area based on the building frontage,the overall sign allowance for the building remains inpropor tion to the si^e of the building wall. Signs on multiple building eleva tions do not contribute to sign clut ter since the overall sign allowances i remain in proportion to the si^e of the building walls and the signs on nomore than two elevations canbe viewed at the same time. i Secondary Frontage Single Tenant Building MODEL REGULATORY GUIDELINES gradeandthelowest point of thesign,includingany framework or other embellishments. 101.03.Determining Building Frontages and Frontage Lengths. 1.Building Unit -The buildingunitisequivalenttothete nantspace.Thefrontage of thetenantspaceonthefirst floorshallbethebasisfor detemiining thepermissiblesign areaforwallsigns. 2.Primary and Secondary Frontage -The frontage of any buildingunitshallincludethe elevation(s)facingapublic street,facing a primary parking areaforthe building orte nants,orcontainingthepublicentrance(s)tothebuilding orbuildingunits. a.The primaryfrontageshallbeconsideredthe portion of anyfrontagecontaining die primarypublicentrance(s) to die buildingorbuildingunits. b.The secondaryfrontageshallincludethosefrontages contaiiiing secondarypublicentrancesto die building orbuildingunits,andallbuildingwallsfacingapublic streetorprimaryparkingarea diat are not designatedas theprimarybuildingfrontagebysubsection "a"above. 101.04.Length of Building Frontage. 1.The length of anyprimaryor secondary buildingfrontage as defined in Section 107,shall be the sum of allwall lengthsparallel,ornearlyparallel,tosuchfrontage,exclud ingany such wall length determined bythe Zoning En forcement OfficerorPlanningCommissionas clearly unre latedto die frontage criteria. 2.Forbuildingswithtwoormorefrontages,the lengdi of die wallandallowablesignareashallbecalculatedseparately for each such buildino-frontage. 3.The buildingfrontagefora building unit shallbemeasured from die centerline of thepartywallsdefiningthebuilding unit. MODEL REGULATORY GUIDELINES Section 102.Signs Permitted The signs permitted in each character area are diose indicated in Exhibit 1. Comment:Exhibit 1 indicates the signs that are typically permitted in each character area.In some cases the sign type is always permitted.In other instances the sign may be permitted depending on the design characteris tics of the character area or aportion thereof.For example,in a traditional downtown or neighborhood devel opment space may not be available for freestanding signs.Conversely,projecting signs,perpendicular to the building and visible from the sidewalk may be very appropriate. Alternatively,in a suburban design configuration freestanding signs should be expected.Projecting signs may be appropriate depending on the design of the development and the businesses relationship to pedestrian walk ways-whether the walkways are along the public streets or are private walks directly in front of the business es. In a suburban environment afreestanding sign should be permittedfor each separate development,whether the development is comprised ofa single business or multiple businesses on the same site. Exhibit 1 -Signs Permitted in Each Character Area Character Area Downtown Small Commerical General Commercial Highway Commercial Mixed Use Office IndustrialTraditionalSubuiban WallSign ••••• ProjectingSign O O O O O DirectorySign ••••• SignsfcrUpperFloor Tenants (1)• Building Identifcaticn Signs ••••• Freestanding Sign: -Multiple Businesses (2) -Single Business ••••• ••••• Freestanding Sign -for the identificationof the projector development ••••• •Thesignwouldbegenerallypermitted O These signs could be permitted depending on the design characteristics (building and parking arrangement,pedestrian circulation,etc.)and whether adequate space isavailable (1)Buildings in the character areas (suburban,general commercial,and highway commercial)will typically be one story.Therefore,sign possibilities for mulliple story buildings are not shown.However,if they are multiple floors,then the applicable standards for multiple floor buildings would apply. (2)In multiple tenant centers,each business may not be entitled toitsown freestanding sign Comment:When referring to Exhibits,a community must be selecting the appropriate si%e of the signs based on the characte ristics of the area that assure that the sign is legible and com- prehendible from the expected viewing distance.. Comment:Each tenant may have more than 1 wall sign when the total sign area is with in the permissible limits. The si^e ofthe sign (picture on top)isinproportion with the si%e of the wall area;in thelower illustration the sign is too small. MODEL REGULATORY GUIDELINES Section 103.Development Standards 103.01.Wall signs 1.Thebasicallowanceforwallsignsshallbelimited to_ squarefeet of signareaforeachlinealfoot of buildmgor tenantfrontage.See Exhibit 2. 2.The minimumsignareaforeach tenant shallnotbeless thansquarefeet (say,20 or 25 square feet) 3.Each tenant mayhavemultiplewallsignsaslongas die totalwallsignareadoes not exceedtheallowancesestab lishedforwallsigns using Exhibit 2. 32 These pictures illustrate that mul tiple signs fora single tenant can be appropriate and continue to be inproportion to (or in scale with) the si\e of the tenant paceand the si-^e ofthe wall.The flexibili ty of multiple signs also offers the community more opportunity for MODEL REGULATORY GUIDELINES Exhibit 2-Wall Sign -Basic Allowances Square Feet of Sign AreaPerLinealFoot of Building or Tenant Frontage Character Area 1.501.75 2.00 2.252.50 2.75 3.00 3.25 Downtown !HH Small Commercial -Traditional Small Commercial -Suburban H HHI ™ General Commercial ..^m ^™ Highway Commercial ^_ Mixed Use* Office Industrial *Since mixed use areas mayvarywidelywith respect to scale,formandlocation(relativetoexisting street patterns)thepotentialsignallowancescan also vary v/idely --fromreplicatinga downtown character toreplicatinga general commercial character Comment:Exhibit 2 represents the range ofsign si^es that are appropriate to balance the objectives ofthe community,be comprehendible from the adjacent street,and to be in scale with the si^e ofthe building and its architecture.Most ofthese signs are flat against the wall ofthe building.Therefore,the visibility ofthe sign to the motorist on.the adjacent street,is more related to the distance the building is setback from the street right-of-way than the distance the building is "down the street"in front ofthe motorist's line oj vi sion.Therefore the basic sign si^es selected should reflect the si%e and scale ofthe buildings and their re quired orprevailing setbacksfrom the public street. The bonuses,derived from the basic standard,assure that when the building isplaced farther from the viewer the sign becomes effectively "bigger"to off-set the increased distance. The minimums will only be applicable in veiy tight pedestrian oriented environments (e.g.small historic downtowns with narrow streets and little through traffic)when the sign can not be viewed from long dis tances. 33 MODEL REGULATORY GUIDELINES KOEHIG fa#J . 1 square foot per linealfoot 2 square feet per linealfoot- Photographs illustrating Some Area Allowances in Exhibit 2 (Multiple Tenant Buildings) Comment:This isto assure that the sign of one tenant is not so close to the sign ofan adjacent I tenant that the two signs would "run into each other." 4.Thewallsignor signs,shallnotbegreater dian eighty (80%)percentof die lengdi of die tenantspaceor die length of die buildingfrontagefor single tenant buildings. D.The area of anywallsignmaybeincreasedbytwenty-five (25%)percentwhenthe buildhig issetbackatleasttwo hundred (200)feetfromthepublicright-of-wayandmay be further increased an additional twentyfive(25%)per centforeachadditional two-hundred (200)feet of setback, orfraction tiiereof,uptoamaximumincrease of one- hundred (100%)percent. Some ofthese signs are too small to be readfrom the public street. MODEL REGULATORY GUIDELINES 6.Additional wall sign areaispermittedfora secondary fron tage (see Definitions)which shall be equal to 100%ofthe primary sign area allowance based on allowances selected using Exhibit 2. These illustrations reflect an appropriate sign bonus be ing available for the second aryfrontages. 7.The following additional wall signs may be permitted: a.Projecting signsarepermitted,inadditionto die al lowances for wall signs when designed and placed for the purpose of identifying the businesses forapede strian walking along die same side ofthestreetas die business diey seekorundera continuous raincanopy projecting from die building.Projecting signs shall haveamaximumarea of squarefeet;die bottom ofthe sign shall bea minimum of eight (8)feet above 33 Comment:This is an effective means of enabling pedestrians in front of the buildings to conve niently find business in the im-j mediate vicinity.These should be permitted in the character areas as indicated on Exhibit 1. Projecting signs are applicable when there are multiple busi nesses in continuous buildings with an adjacent sidewalk on which pedestrians are walking parallel to the front of the build ing.These buildings niay be adjacent to a public street or adjacent to a private walkway in front of buildings that are sub stantially setback from the pub lic right-ofway. MODEL REGULATORY GUIDELINES thesidewalk;thesignshall not project morethan feetfromthewall of die buildingonwhich die signis placed;andadjacentprojectingsignsshall not becloser than feet Illustration on the left shows under canopy sign and on the right a projecting sign Comment:Depending on the si-^e and scale of the buildings and the adjacent pedestrian area,suggested standards forpro jecting signs: •Maximum area 8 to 16 square feet,or greater; •Projecting from wall not more than 4 to 6 feet depending on the si^e of the sign; •Minimum spacing between projecting signs —15 to 20 feet. b.Building Directory —In additiontothewallsigns odierwise permitted bydieseregulationsanadditional signmaybe permitted uptoamaximum of squarefeetfor die purpose of identifyingfirstfloorte nants that do not have outside building frontage or up- O O 1 per floortenants. 36 MODEL REGULATORY GUIDELINES 8.Additional Wall Signs for Multiple Story Buildings - An additional buildingsignispermittedoneachofthe building's primaryandsecondary frontages accordingto thefollowing: a.Forabuildingwithtwo (2)floorstheadditionalpermit ted sign areais square feetfor each eligible wall. b.Thisadditional permitted signareamaybeincreasedby square feetfor each additional building floor. c.The sign mustbeplacedattheheightforwhichthe bonus has been granted. Sign illustrations on multiple story buildings 37 Comment:Even though this permits additional building signs,the total sign area contin ues to be in proportion to the shg of the building.The addi tional allowance could approx imately permit a minimum bo nus of20 to 30 square feet plus 10 to 15 square feet for each additional floor.This would be sufficient for the additional sign on the upperfloor ofthe building tobevisible. MODEL REGULATORY GUIDELINES 103.02.Freestanding signs 1.Thearea of freestandingsignsshallbeamaximum of, squarefeet {as determined from Exhibit 3). Comment:The requisite area fora freestanding sign is based on severalfactors.Primarily among them are: the amount of time the motorist has to view the sign,the distance from which the sign will be viewed,the amount of infonnation that can be comprehended during the "viewing time";the required si^e of the letters; and the ratio ofthe message area (letters,logos and symbols)to the sign's background.When these factors are reasonably applied the si^es of the signs will generally correspond to those si^es in Appendix B which illu strates the sign area for three typical conditions.Additionally,the si^e and clarity are influenced by lighting colors and the letterfont.Generally the smaller signs will be associated with lower speed limits and the larger signs associated with higher speed limits including atfreeway interchanges. Exhibit 3-Freestanding Signs -Basic Area Allowances Proposed Sign Area (sq.ft.) Character Areas 40 60 80 100 120140 160180 200+ Downtown Small Commercial -Traditional Small Commercial -Suburban General Commercial Highway Commercial .-- Mixed Use* Office -hM Industrial h^r *Whenthemixeduse development replicatesdowntownformand scale theremaynotbesuitable space available for freestanding signs. MODEL REGULATORY GUIDELINES 2.There shallbe bodi a minimum anda maximum height of freestanding signs foreachpropertywiththe standards es tablishedforeach character area.(See Exhibit 4). The sign is blocked by parked cars when itis too low Example oflower sign —Landscaped Area along Local Street 3.Noportionofa freestanding sign shall bein,orproject over,apublic right-of-way and maximum setback shall be nogreaterthan feet. Comment:The minimum height should assure that the bottom of sign is visible above parked and moving vehicles and any other obstructions that might blockthe o view of the signs.To accomplish this,the minimum height of the sign —to accommodate a mini mum clearance of7feet from the ground and the message area — should be 12 feet to the top of the sign.This limited height, however,only permits a sign area five feet in height.A14 feet high sign would afford great er design flexibility for the shape of the sign.Loiver signs should only be considered on local retail or industrial streetswhenthere isa generous landscaped area adjacent to the street in which to place the signs,the traffic vo lumes are light,and the speed is relatively slow. Comment:The maximum set back should not place the sign outside of the driver's cone of vision which is no greater than ten (10)degrees from either side of the driver's line ofsight. MODEL REGULATORY GUIDELINES Exhibit 4-Freestanding Signs -Basic Height Allowances (a) Maximum Height (feet) Character Areas 12 20 30 40 50 60 70 80 100 Downtown Small Commercial -Traditional Small Commercial -Suburban General Commercial Highway Commercial Mixed Use Office H ™ Industrial ••- (a)Given the natureofthesitesin residential areas,which typically havelargefrontyards,lowtrafficvolumes,andlimited onstreetparking,aCitymayimposealowerheightlimitfor the freestanding signforinstitutionalusesand subdivision entrances.Neverthelessthesizesofthesesignsshouldbedeterminedusingthesamecriteriathatisappliedtoall freestanding signsandwhichisillustratedinExhibit3andTable1 comment:JictaitionaLjreestana- ing signs insure that large single development sites are generally afforded the same number of signs as multiple smaller sites. If this "equity"is not provided the large sites are penalised and, therefore,the owner may seek a subdivision of the land in order to obtain its proportional share ofsignage. An additional sign on the second street frontage (corner lot) grants appropriate sign visibility forits passing traffic on both streets. 4.Additionalfreestandingsignsshallbe permitted forevery feet of sitefrontage,inexcess of feet of lot frontage andfor corner lots. 5.The permitted signareamaybeaggregatedintofewerand larger signs,attheelectionof die propertyowner/business, provided diat die size of anysinglesigndoes not exceed die area permitted pursuant to "1"or "2"abovebymore than %. Comment:Permitting the flexibility for larger signs is based on the premise that fewer and larger signs are in both public and private interests.The business gets laiger signs and the public (as they would perceive it)less clutter.Such aggregation could pemiit the larger sign to be 50%to 100%larger than the basic sign area allowances;the totalpermissible sign area is not increased. 40 MODEL REGULATORY GUIDELINES ~; Itis also important to note that in addition to the basic and objective regulatory requirements ofa community's sign regulations,the communi ty should also permit flexibility in the si%e and the placement of signs when in accordance with an overall Sign Plan that is approved by a designated Board or Commission.Such a Sign Plan would set forth the parameters for all signs proposed that deviate from the standards with respect to si^e,location,and/or construction standards.Once the Sign Plan has been approved subsequent installation of new or replace ment signs may be approved administratively when the proposed indi vidual signs are consistent with the previously approved Sign Plan. Also see Section 105.03. Additionally,any applicant that chooses to propose a sign that is not incompliance with the code has the right to make such request to the community's Planning Commission.The Planning Commission is preferred (rather than an Appeals Board)since most often the deviation is more apt to be based on die appropriateness of thesign size,location and design rather than on typical hardship or practical difficulty paratneters that are the purview of an Appeals Board. 41 Multiple tenant identification along the street often results in multiple elements and clutterwhicharecon- tray to the principles in this model code. This electronic message is used by a single tenant but could meet the needs ofmultiple tenants as well. MODEL REGULATORY GUIDELINES 103.03.Electronic Message/Changeable Copy Signs Comment:A community,informulating its sign regulations,should recognise the emerging technology and benefits of electronic messages. The technology has sufficiently advanced so that electronic message cen ters (EMCs)are more in demand because they offer more effective busi ness identification and promotion relative to their cost.The EMCs also enable multiple tenants in a building or complex to achieve identifi cation "at the street"—on a single freestanding sign.These typically are instances where the regulations and/or the property owner's alloca tion (ofthe available area)does not permit any additional signs for the tenant or space on the permitted sign for the permanent identification of all tenants. However,there are often two contrasting views ofEMCs.One view is that frequently changing EMCs can be viewed as a dynamic asset to the economic vitality of each business and to the community.Alterna tively,they can be viewed as increasing visual clutter,distracting motor ist's attention and contrary to the general development objectives of the community and the purposes ofthe community's sign regulations. Therefore,this model suggests alternative regulatory approaches from which the City may choose to achieve the benefits ofEMCs while ad dressing various concerns.When appropriate,the regulations could also confine electronic messages to aportion ofa Character Area. Many of the concerns regarding EMCs are related to brightness.Since the technology is available,itis reasonable that EMCs be required to have dimming capabilities that adjust the brightness to the ambient light —regardless of the time of day. Lastly,the regulations should make regulatory distinctions between electronic changeable copy and the older mechanical ormanual changea ble signs. 1.Changeablecopyby non-electronic meansmaybeutilized onany permitted sign. 2.Onlyone (1)EMCsignispermittedonazoninglotfor eachstreeton which thedevelopmentfrontsand die signis visibleunlessadditionalEMCsareapprovedby die Comment:The community needs to detennine if this is the Chief Enforcement Officer,the Planning Commission orother body. 42 j. MODEL REGULATORY GUIDELINES In the Character Areas electronic message centers (EMCs)arepermitted provided diat thecopydoes not change more tiian once every seconds andthe electronic message centerdoesnotexceed (saY)30 to50%) percent ofthetotal sign area permitted onthesite.See Exhibit 5). Illustrations ofchangeable copy signs —both manual and electronic. 4.Ill theCharacterAreasEMCsare permitted widi unlimitedmotionprovided die electronic message center does not exceed (say 30%,of the total sign area permitted on die site). 5.In the Character Areas die EMCs are not limited. 6.AllEMCsarerequiredtohaveautomatic dirnrning capa bility diat adjusts the brightoess totheambientlightatall times of die dayandnight. MODEL REGULATORY GUIDELINES 7.No single electronic message ispermittedtoberepeatedby flashing morethanonceeverysixteen (16)seconds. EXHIBIT 5-Electronic Message Center Regulations Character Area Permitted Motion Limitation Size Limitation Location and Other Considerations Yes (Y)or No(N) EMCs as a Maximum % of the Total Sign Area Permitted on the Site EMCs as a Maximum % of a Single Sign ; Could Apply to Part of Character Area Away from Residential Confine to Main Street Downtown Y 8 seconds to Unlimited 30%to 100% 100%Yes Yes Yes Small Commercial - Traditional N Small Commercial - Suburban Y 8 seconds 30%to 50%67%No General Commercial Y 8 seconds to Unlimited 30 %to 50%80%Yes Yes Yes Highway Commercial (1)Y 8 seconds 30 %to 50% 80%to 100% No Mixed Use Y 8 seconds to 1 second 15%to 30%50%to 80%No Offices Y 8 seconds to 1 second 15%to 30%50%to 67%No(2) Industrial Y 8 seconds to Unlimited 30%to 50%50%to 80%No(2) Special Use Districts/Uses (3)Y NoneNone (1)Assumes thatHighwayCommercialisa relatively small geographicareafocusedatahighwayinterchange. (2)Hardertomakedistinctionsamongvariouslocationsin die office and industrial zone. (3)'these Special UseDistrict/Usesarenot necessarily partofthe Character Areas,above. An example ofan entertainment district in which mul tiple EMCs are a community benefit. 44 MODEL REGULATORY GUIDELINES 103.04.Instructional signs Instructionalor "way-finding"signs shallbepermittedinaddi tiontoallother signs whentheyareofsuchsizeand location that satisfy theintended instructional purposeandbasedon dieirsize,location,andintendedpurpose will notconstitute additional advertising.Instructionalsignsshallbepermitted without hmitationastonumberorsizeandmayincludethe name of thebusinessandlogos. Illustration ofsome types ofInstructional Signs 103.05.Window Signs Permanentwindowsignsshallnotexceed twenty-five (25%) percentofthe area ofa window andthetotal area of all win dow signs,including botii permanent and temporary,shall not exceed fifty (50%)percent of thewindow area. 103.06.Temporary Signs 1.Special Events -Itis reasonable fora community to regu late signs for special events —whetherdiese events arere latedto commercial enterprises (grand opening,clearance sales,sidewalksales,etc.)orinstitutional(places of wor ship,schools,non-profits)festivals,etc.These regulations caninclude:die number of daysthesignscanbedisplayed; thenumberandtypeof advertising devices (signs,banners, balloons,etc.)diat canbe displayed;anddieirlocationon theproperty. 2.Real Estate/Political-Eachpropertymustbegranted temporary signs for diese purposes any time ofthe year. 45 Comment:Instructional Signs, when approximately siqtd and located,facilitate traffic safety. Comment:Window signs — both temporary and permanent —add to the vitality ofa com- mercial area.Since window signs generally have different purposes and different impacts than either wall ore freestanding signs,window signs should be regulated through a separate standard.To assure,however, that the windows retain their intended purpose —visibility into andfrom the building —amax imum window sign coverage, including both temporary and permanent,is reasonable. Comment:Achieving the long term removal of non-conforming signs isin the mutual best inter ests of both the business commu nity and the City.Without such elimination some business es,with non-conforming signs, continuetohaveadecided ad vantage over those newer busi nesses that have installed signs in compliance with the newer regulations.Furthermore,there will be tendencies to retain such larger —and perhaps "tired" signs beyond their useful life in order to continue a long standing advantage.Conversely,elimi nating non-conforming signs assure,over time,a level playing fieldforall businesses —at least with respect to signs. Comment:Planning Commissions I arebetterableto address thede sign and compliance issues that resultfrom sign appeals.In addi tion,Planning Commissions gen-: erally are not bound by the "hard ship"or "practical difficulty" standard that typically is used by boards of appeal.And,most of the requested relief from the sign' regulations are more apt to be\ approved because the proposal is \ "appropriate,doesn 't compromise' a public interest"rather than be causethere is a demonstrated hardship. MODEL REGULATORY GUIDELINES Thecommunity,however,mayregulatethemaximumsize of anyonesignandthetotalpermittedsignareaonthe property atanyonetime. Section 104.Non-Conforming Signs 104.01.General Provisions 1.Nonconforming signsshallbemaintainedingoodcondi tion pursuant toSection106. 2.A nonconforming signshall not bealtered,modifiedor reconstructed except: a.When such alteration,modification or reconstruction wouldbringsuchsigninto conformity withtheseregu lations; b.When die existingusehasnewownership which results inachangeinthenameorlogo of theuseorbusiness ontheproperty,andsuchchangecomplieswithsub section "d"below; c.When die spaceisreoccupiedbya similar useand die newoccupantrequiresnoexternalbuildingorsitere novation,andsuchchangecomplies widi subsection "d"below; d.Anyalteration,modificationor reconstruction permit tedin diis section shallbelimitedtothe replacement of asignpanel,replacing hidividual lettersandlogos widi- inthesameareaorrepaintingasign face,anddoesnot permitchangestothestructure,framing,erectionorre location of die signunlesssuchchanges conform to subsection "a"above. 104.02.Limitations for Non-Conforming Signs 1.A nonconforming signshallberemoveduponverification thatany of thefollowing conditions have been met: a.The usetowhichsuch non-conformingsignrefershas been abandoned formore dian 180consecutivedays; or b.The regulationor amendment totheseregulations whichmade die signnon-conforminghasbeeninef fectforten (10)years or more. 2.Extension of timetocomply-The datesestablishedin diis Sectionforasigntobebroughtaboutintocompliance withtherequirements of theseregulationsmaybeextended 46 MODEL REGULATORY GUIDELINES atthe request ofthe sign owner or leasee.In evaluating the extension of timefora nonconforming sign,theCityshall consider the following factors to determine whetherthe owner ofthe sign hashad reasonable amountof time tore couptheinitialinvestment: a.The value ofthesignatthetimeof construction and die length of time the sign has beenin place; b.The life expectancy ofthe original investment hi the signandits salvage value,if any; c.Theamountof depreciation and/or amortization of the sign already claimed for tax or accounting purposes; d.The length ofthecurrenttenant lease or expected oc cupancy compared tothe date the sign istobebrought intocompliance; e.Theextenttowhich die signisnotincompliancewith die requirements of these regulations;and f.The degree to which the City determines diat die sign isconsistentwith die purposesofdiese regulations. g.Whether the sign has "historical"or "landmark"signi ficanceandshould,tiierefore,beexemptfromamorti zation (See alsoAppendixA.) Section 105.SignReview Procedures Comment:Prior to submitting aformal application,applicants are en couraged to meet with the community's administration and/or Planning Commission,to fully understand the City's requirements,objectives,in-\ terpretations,and review procedures. 1.Timehmits-All sign apphcations shall be reviewed for compliance with these regulations within ten (10)business days from the time a completed application has been ac cepted by die Zoning Enforcement Officer. 2.All appeals and variances regarding die sign ordinance wouldbeheardbya community's Planning Commission rather dian by a Board of Zoning Appeals ifnot otherwise prohibited bylaw. 3.A Comprehensive Sign Plan (CSP)may be submitted that permits consideration of unique conditions,flexibility and creativity.Such CSP is subject to approval by the Planning Commission.The application ofsuchplancannotbe viewed as imposing more restrictive requirements than permitted by the basic standards,but rather,may permit 47 Comment:The regulations should include specific and objective stan dards with respect to construction and placement standards with sufficient detail that compliance with the regulations can be deter mined by an administrative offi cial. With the exception ofa proposed Comprehensive Sign Plan (CSP), subjective determinations by a Board orCommissionshouldbe avoided since criteria is too often overbroad and,therefore,applied inconsistently and arbitrarily. The CSP offers the businesses and the community the opportunity and flexibility to advance more creative sign Solutions that would be equally beneficial to the busi nesses and the community. Comment:Among several other unique considerations,aCSP determination could be applicable fora large business development that has an unusually limited frontage,with an access drive,on the main streets compared to the sz%e ofthe parcel. Comment:A proposed sign that isin violation of the provi sion in Section 106.01 (3)shall be denied by the administra tive/zoning official.However, such denial may be referred to the Planning Commission for the Commission todeterminethe appropriate adjustments to the sign's location,si-^e or the design and construction approaches to assure that the provisions of this section are satisfied. MODEL REGULATORY GUIDELINES additional signs and/or sign areabasedonthe applicant's demonstration of uniquecharacteristics of thedesign, building,and/or siteand appropriate landscaping asso ciatedwiththefreestandingsigns.OnceaCSPhasbeen approvedsubsequentapphcationsfor specific signsshallbe approved administrativelywhenthe proposed signisin compliance widi the approved CSP. 4.Ifproposed signs donotcomplywiththeprovisionsof Section 106.01,the applicant maysubmitan application to thePlanningCommissiontodeterminetheadjustments,if anythatare appropriate tosatisfytherequirements of Sec tion 106.01. Section 106.Supplemental Considerations 106.01.Construction Standards The construction,erection,safetyand mamtenance of allsigns shall comply widi die (This blank should refer to the applicable building code)andall of the following: 1.Signsshallbestructurally sound and located soastopose noreasonablethreattopedestrianorvehiculartraffic. 2.All permanent freestandingsignsshallhaveself-supporting structures erected on,or permanently attachedto,concrete foundations. 3.If possible,signs should not bein locations that obscure architecturalfeaturessuchaspilasters,arches,windows, cornices,etc. 4.The signsshouldnotbe hi locations diat interferewithsafe vehicularandpedestrian circulation orpublicsafety signals andsigns 5.No signsshallbeerected,constructed or maintained soas to obstruct anyfireescape,required exit,window,or door opening usedasameans of egress. 6.Signs shallbe structurally designed hi compliance widi ANSIandASCIstandards.Allelectivesignsshallbecon structed according tothetechnical standards of acertified testinglaboratory. 48 MODEL REGULATORY GUIDELINES 7.Signs may be illuminated -by external or internal means — providedthat: a.The brightness and intensity shall notbe greater than necessary tomeet reasonable needs of die business or use served; b.Light sources shall be shielded fromall adjacent build ingsandstreets;and c.The hghting shall not create excessive glare topede strians and/or motorists,and will not obstruct traffic controlorany odier publicinformational signs. 106.02.Maintenance All signs shall be maintained in accordance withthe following: 1.The property owner shall maintain the sign;ina condition appropriate to die intended use;to all City standards;and hasa continuing obligation to comply widi all building coderequirements. 2.If die signis deemed by die ZoningEnforcementOfficer tobeinan unsafe condition,the owner of die business shall be immediately notified in writing,and shall,within 48 hours of receipt ofsuch notification,respond tothe city with a plan to correct die unsafe condition,remove theun safe sign,or cause ittobe removed.If after days,die unsafeconditionhasnotbeen corrected throughrepairor removal,die ZoningEnforcementOfficer may cause die repair or removal of such sign,at die expense oftheprop erty owner or lessee.If the total costs are not paid in full within days ofthe repairs or removal,theamount owedshallbecertifiedasanassessmentagainst die proper ty of die sign owner,and lien uponthat property,togedier widi an additional percent penalty for collection as prescribed forunpaidrealestate taxes. 3.In cases of emergency,die ZoningEnforcementOfficer may cause the immediate removal ofa dangerous or defec tivesignwithoutnotice. 4.Whenever any sign,either conforming or nonconforming to these regulations,is required tobe removed for die pur pose of repair,relettering or repamting,die same may be done witiiout a permit or without any payment of fees pro videdthatall of thefollowingconditionsaremet: 49 MODEL REGULATORY GUIDELINES a.Thereisnoalterationorremodelingtothe structure or the mounting of thesignitself; b.Thereisnoenlargementor increase hi any of die di mensions of thesignoritsstructure; c.Thesignisaccessorytoa legally permitted,conditional or nonconforming use. 106.03.Signs Exempt from the Regulations The following signsshallbeexemptfrom regulation underthis Zoning Ordinance. 1.Any public purpose/safety sign and any odiernoticeor warningrequiredbyavalidand applicable federal,stateor locallaw,regulationorresolution. 2.Works of art diat do not includea commercial message. 3.Religious and odier holidaylightsanddecorationscontain ingnocommercial message,and displayed onlyduring die appropriate time of theyear. 4.Flags of theUnitedStates,die state,foreignnationshaving diplomaticrelations widi theUnitedStates,andany odier flag adopted orsanctionedbyanelected legislative body of competent jurisdiction.These flags mustbeflowninac cordance widi protocol establishedby die Congress of die UnitedStatesfortheStarsandStripes.Anyflag not meet ingthese conditions shallbe considered asignandshallbe subjecttoregulationsassuch. 5.Buildingmarkers. 106.04.Prohibited Signs The followingsignsare prohibited hi die City: 1.Abandoned signs,asdefinedinSection107. 2.Animated,flashing,rotating signsand festoons asdefined inSection107,inflatablesigns,tethered balloons,banners, pennants,searchlights,streamers,exposed lightbulbs, strings of lightsnot permanendy mounted toarigidback ground,andanyclearlysimilarfeatures,except diose spe cifically exemptfromregulation hi Section106.03,special eventsignsorbanners permitted hi 103.06,orelectronic message centers as permitted hi Section103.03. 50 MODEL REGULATORY GUIDELINES 3.Signs on vehicles when the vehicle is placed ina location not normally expected forsuch vehicles,and the location apparendy has the primary purpose of attracting attention or providing advertising hi addition to diat permitted for legal wall and/or freestanding signs on die site. 4.Signs containing any words or symbols that would cause confusion because of their resemblance tohighwaytraffic control or direction signals. 5.Merchandise,equipment,products,vehicles orotheritems whicharenot available forpurchase,butareintendedtoat tractattention,orfor identification oradvertising puiposes. 6.Signs located on trees,utility poles,public benches or any odier form of public property or within any public right-of- way unless explicitly permittedby die regulations. 7.Other signs orattentiongetting devices thatraise concerns substantiallysimilarto tiiose listedabove. Section 107.Definitions The following words and phrases used in diis Sign Code shall havethefollowing meanings: Abandoned Sign.A sign which foraperiodofat least consecutive days or longer no longer advertises or identifies a legal business establishment,productor activity. Alteration.Any change in copy,color,size or shape,which changes appearance ofa sign,ora change in position,location, construction or supporting structure ofa sign,except diat a copy change ona sign isnotan alteration. Animated Sign.A sign which has any visible moving part, flashing or osculating hghts,visible mechanical movement of any description,or other apparent visible movement achieved by any means that move,change,flash,osculate or visibly alters hi appearance ina manner thatisnot permitted by diese regu lations. AreaofSign.Refer to measurement standards in Section 101. Attraction or Reader Board.Anysignhaving changeable copy for the purpose of advertising events,sales,services or productsprovidedonthe site. 51 MODEL REGULATORY GUIDELINES Awning.Ashelterextendingfromtheexteriorwall of abuild mgandcomposed of nonrigidmaterialsexceptfor die sup porting framework. Awning Sign.Anysignpaintedonorattachedtoorsup ported byanawning. Balloon Sign.Alighter-than-air gas-filled balloon,tetheredin afixedlocation,diat hasasign widi amessageonitssurfaceor attached hi any manner to die balloon. Banner Sign.Atemporary,lightweightsign diat containsa messagewhichisattachedor imprinted ona flexible surface thatdeformsunderlightpressureand diat is typically con stricted of non-durablematerials,mcluding,but notlimitedto, cardboard,clotii and/or plastic. Billboard or Poster Panel.Anoff-premisessign. Building Identification Sign.Anysigncontainingthename oraddress of abuildingandmayincludehours of operation andemergency information,suchsignbeinglocatedondie same site as the structure. Canopy.Afreestanding permanent roof-likeshelter not at tachedtoorrequiring support fromanadjacentstructure. Canopy Sign.Any permanent signattachedtoor constructed underneathacanopy.Thesesignsarebelowaprojectingstruc turewhichextendsoverthepedestrian walkway whicheffec tivelypreventsthewallsignsforbeingvisibleto die pedestrian walkingunderthecanopy.See Also Projecting Sign. Changeable Copy Sign.Asignorportion thereof onwhich thecopyorsymbolschange eitiier automaticallythroughelec tricalorelectronicmeans(forexample,timeandtemperature units),ormanuallythroughplacement of lettersorsymbolson a panel mounted inoronatracksystem. Construction Sign.Anonpermanentsign identifying theper sons,firmsorbusinessdirecdy connected widi a construction project. Directional Sign:Apermanent instructional signlocatedon privatepropertyatornear die pubhc right-of-way,directingor guidingvehiculartrafficontotheproperty and/or towardpark ingorother identified locationson die property. 52 MODEL REGULATORY GUIDELINES Freestanding Sign.xVny signwhichis permanently affixed hi oruponthe ground,supportedbyoneormore structural members,withairspacebetweenthegroundandthesign face. Footcandle.A measure of illumination on a surface diat is one footfromauniformsource of lightofonecandleandequalto onelumenpersquarefoot. Governmental Sign.Asignerectedand maintained pursuant toandin discharge of anygovernmental functions,orrequired by law,ordinance orother governmental regulation. Grade.Thelevel of die siteat die propertylinelocatedatthe closestdistancetothesign. Height of Sign.Refer to measurement standards hi Section 101. HolidayDecorations.Signs or displays including hghting which area nonpermanent installation celebrating national, state,andlocalholidaysorholidayseasons. IllegalSign.Any sign placed withoutproper approval orper mitsasrequiredbythisCodeatthetime of sign placement. Illegal sign shall also mean any sign placed contrary tothe termsortime hmits of anypermitandanynonconformingsign whichhasnotbeenbroughtinto compliance widi any applica bleprovisions of thisCode. Illuminated Sign.Anysignforwhichan artificial source of light is used inorderto make readable the sign's message,in cluding internally and externally lighted signs and reflectorized, glowingorradiatingsigns. InstructionalSigns.Asign clearly intendedfor instructional purposes,as determined by die Zoning Enforcement Officer, shallnotbeincludedinthepermittedsumof die signarea of identification wall signs,providedsuchsignisnotlargerthan necessary to serve the intended instructional purpose,andsuch sign isnotina location,nor includes design characteristics,that constituteorserve die purposesofan identification sign. Length of Frontage. 1.The measurement purposes,thelengthofany primary or secondary frontage as defined in Section 101,shall be die sumofall wall lengdis parallel,or nearly parallel,tosuch frontage,excluding any such wall length determined by die Zoning Enforcement Officer or Planning Commission as clearly unrelated to die frontage criteria. 53 MODEL REGULATORY GUIDELINES 2.For buildings widi twoormore frontages,die lengtii and allowable signareashallbe calculated separately foreach suchfrontage. 3.Thebuilding frontage forabuildingunitshallbemeasured from die centerline of die party walls defining die building unit. Logo,Logogram,or Logotype.Anemblem,letter,character, pictograph,trademark,orsymbolusedtorepresentany firm, organization,entity,orproduct. Marquee.Apermanent rooflike shelterextendingfrompartor all of abuildingfaceand constructed of somedurablematerial whichmayormay not project overapubhcright-of-way. Marquee Sign.Anysign painted onor attached toorsup ported byamarquee.(Note:Not sure die termisused) Mural.Apictureonanexteriorsurface of a structure.Amural isasignonlyifitisrelatedby language,logo,orpictorialdepic tiontotheadvertisement of any product orserviceortheiden tification of anybusiness. Neon Sign.Asign widi tubing diat isinternallyilluminatedby neonorodier electrically chargedgas.(Note:Not suretermis needed) Nonconforming Sign.Asignwhichwasvalidlyinstalledun der laws or ordinances in effect at the time of its installation, butwhichisinconflict widi thecurrentprovisions of this Code. Off-Premises Sign.Anysignnormallyusedfor promoting an interest odier thanthat of abusiness,individual,products,or service available onthepremiseswheredie sign islocated. On-Premises Sign.Anysignusedfor promoting abusiness, individual,product orserviceavailableonthepremiseswhere die signislocated. Political and Noncommercial Signs.Anysigndesignedfor thepurpose of supportingoropposingacandidate,proposi tionor odier measureatanelection or forany odier noncom mercialexpression not relatedto die advertisement of any product orserviceorthe identification of anybusiness. Portable Sign.Anymovablesign not permanendyattachedto die ground orabuildingandeasily removable usingordinary hand tools. 54 MODEL REGULATORY GUIDELINES PrimaryandSecondaryFrontage.The frontage ofany builchng or site shall include die elevation(s)facing a pubhc street,facing a primary parking area forthe building or tenants, or containing die pubhc entrance(s)to die building or builchng units. 1.For multi-tenant buildings,die portionofsuch building diat isowned,or leased bya single tenant,shall be considered a buildingunit. 2.The primary frontage shall be considered the portion of any frontage containing the primary pubhc entrance(s)to die buildingorbuildingunits. 3.The secondary frontage shall included frontages containing secondary pubhc entrances to die building or building units,andall walls facing apubhcstreetor primary parking area not designated as die primary frontage by subsection 153.03(c)(1)(A)above. PrivateStreet.Primary access ways thatareintendedtopro vide veliicular access to multiple commercial businesses and/or ownerships andarenot dedicated as a pubhc thoroughfare. ProjectingSign.A sign which projects fromandis supported bya wall or parapet ofa building with die display surface ofthe sign ina plane perpendicular toor approximately perpendicular to die wall.SeealsoCanopysign. RealEstateSign.Any nonpermanent sign pertaining tothe sale,exchange,lease,rental,or availability of land,buildings, condoniiniumand shxiilar units,orapartments.Suchsignsmay include building name and address,price and amenities,identi tyof seller or broker,and shuilar information. Revolving or Rotating Sign.An animated sign. RoofSign.Any sign erected upon a roof,parapet,or roof- mounted equipment structure and extending above a roof,pa rapet,or roof-mounted equipment structure ofa building or structure. Sign.Any name,figure,character,outline,display,announce ment,or device,or structure supporting die same,oranyother device of similar nature designed toattractattentionoutdoors, and shall include all parts,portions,units,and materials com posing die same,togetiier widi the frame,background,and 55 Comment:Three (3)to four (4) inches is typical/)'used as the standard. MODEL REGULATORY GUIDELINES supports oranchoringthereof.Asignshallnotincludeany architecturalorlandscapefeatures diat mayalsoattractatten tion. Sign Face.Anexteriordisplaysurface of asignincludingnon structural trimexclusive of the supporting structure. Comprehensive Sign Plan(CSP).A coordinated programof allsigns,includingexemptandtemporarysignsfora business, orbusinessesifapplicable,locatedona development site.The sign program shall include,butnotbe limited to,hidications of thelocations,dmiensioiis,colors,letterstylesandsigntypes of allsignstobeinstalledonasite. Site.Allthecontiguousgroundarea legally assembledintoone development locationwhichis a zoninglot.Azoninglotis definedasa permanent parcel(lot of record),multiplelots of record,ora portion of alot of record. Special Event Sign.Anytemporaryor non-permanent sign advertising or pertaining toany civic,patriotic or special event ofgeneralpubhcinterest. Super Graphic.A painted designwhichcoversall or amajor portion of awall,builchng or structure.A super graphicisa signonlyifitisrelatedbylanguage,logo,or pictorial depiction to die advertisement of any product orserviceor die identifica tion of anybusiness. Temporary Sign.Anysignwhichisinstalledforaperiod not toexceed tiiirty days. Vehicle Sign.Anysign permanendy ortemporarilyattached toorplacedonavehicleortrailer. Wall Sign.Anysignattachedtoorpaintedonthewall of a builchng orstructure hi aplane parallel or approximately paral lelto die plane of saidwall. Window,Area of.The area of asingle window includesall of die windowpanesinanarea diat isseparatedbymullions, muntins,or other dividers which are less tiian inches wide. Window Sign.Anysign viewable through and/or affixedin any manner toawindoworexteriorglassdoorsuchthat it is intended tobeviewablefrom die exterior(beyond die sidewalk immediately adjacentto die window),including signs located insidea builchng but visible primarily fromtheoutsideof die building-. 56 MODEL REGULATORY GUIDELINES APPENDIX A.Examples of "Landmark Status"Signs Often a community willhave older signs that are viewed as "having historical significance"(examples above)even if they may not comply with either existing or proposed regulations.A community should establish a process to judge when these signs are "valued by the community"to the extent that they could be exempt from the regulations. 57 MODEL REGULATORY GUIDELINES B.Methodology for Estimating theAppropriateArea of Freestanding Signs (Three Options Based on Highway Speeds) LOWER 25 MPH MIDDLE 40 MPH HIGHER 55MPH DISTANCE SIGN IS VIEWED 200'320'440' REQUIRED LETTER HEIGHT 7"10"15" APPROPRIATE VIEWING TIME 4-6 Seconds 4-6 Seconds 4-6 Seconds ELEMENTS COMPREHENDED •Letter •Words/Symbols 5to7 letters per word; 1 word =1 symbol 40-60 6-12 40-60 6-12 40-60 6-12 TOTAL AREA OF LETTERS/SYMBOLS (Width of letter,including spacing equal's the letter height) 14-20 Feet 28-42 Feet 63-94 Feet TOTAL SIGN AREA (with message -40%of total area) 35-50 Square Feet 70-105 Square Feet 160-235 Square Feet Source:Street Graphics &theLaw 58 MODEL REGULATORY GUIDELINES C.Sources Mandclkcr,Daniel,with Andrew Bctrucci,andWilliamEwald. August 2004.Street Graphics and the Law.PlanningAdvi sory Service ReportNo.527.Chicago:American Planning Association Morris,Marya,MarkHmshaw,Douglas Mace,andAlan Weinstein.2002.Context-Sensitive Signage Design.Planning Advisory Service Report.Chicago,111.:TheAmericanPlan- nine:Association. 2009 Alan C.Weinstein.All Rights Reserved. 59 International Sign Association October 10,2012 Fountain Hills Planning &Zoning Commission 16705 E Avenue of the Fountains Fountain Hills,AZ 85268 Re:Proposed text amendment to Chapter 6,Sign Regulations of the Zoning Ordinance of the Town of Fountain Hills Dear Planning &Zoning Commission: I am contacting youon behalf of the Arizona Sign Association and the International Sign Association. Both Associations are actively involved insign legislation by assisting communities adopt reasonable and enforceable sign codes. We appreciated the recommendation included by the City Attorney to remove some content regulation in the sign code.Wehavea couple of other recommendations for your consideration.Although wehave a number of concerns with the existing sign code the following we have the included the following suggestions.These recommendations willhelpto support the recent Town initiatives in regards to enhancinfi economic development in Fountain Hills. The following are our suggestions for the sign code: •Thefirst recommendation deals with the purpose of the sign code.We believe significant purposes forasign code are to enhance commerce andto protect constitutionally protected speech. •Wealsohave some specific recommendations for the Electronic Message Center (EMC)section that will ensure appropriate brightness of EMCs atnightand operational limitations.The EMC recommendations are similar to what the Committee recommended with additional clarifications.EMCs have proven tobe the most cost effective method of advertising forsmall business. •Wealso have some specific recommendations for menu boards as the existing requirements are not reasonable. •Wealso are suggesting the inclusion of neon in the code.The town of Gilbert isan example where new neon in the downtown is very aesthetically done and adds to the economic vitality of the area. Ourspecific recommendations are attached foryourreviewand consideration. www.signs.org•info@signs.org 1001N.Fairfax Street Suite 301-Alexandria.VA 22314 •(703)8364012 TEL«(703)836-8353 FAX „ International Sign Association Do not hesitate to contact me with any questions at 480-773-3756 or iames.carpentier(5>siEns.org. Thank youfor your consideration of our recommendations Ucwe^CaJipe'Kti&ic James Carpentier AICP Manager of State &Local Government Affairs 480-773-3756 www.signs.org •info@signs.org 1001N.Fairfax Street Suite 301-Alexandria,VA 22314 •(703)8364012 TEL*(703)836-8353 FAX International Sign Association 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.To enhance and support commerce.To ensure that the constitutionally guaranteed right of free speech is protected. I.Signs not specifically authorized herein are prohibited,including,but not limited to the following: 4r.Neon signs,except as permitted in subsection 6.08(P). N.Menu Boards orientated to the drive-thrulane for a business are allowed as follows: 1.Menu board signsshallbe counted asa portion of the total aggregate sign area. 2.One freestanding orwall mounted menu board is allowed per business. 3.Menu board must be located no less than forty-five (45)feet from any street property line. 4.Maximum area of twenty (20)square feet fifty (50)square feet. 5-t Maximum height of five (5)foot seven (7)feetr P.NeonSigns are allowed onlyas follows: 1.A neon sign docs not count toward the total aggregate allowance of sign area for any business. 2.Limitedto interior window display only (may not be used on exterior of building. 3.The total amount of interior neon signage for any one business shallbesix(6)square feet. 4.No more than two (2)neon signs shall be allowed for any business. CC.Electronic Message Signs-Anysign with intermittent,scrolling or flashing illumination, including electronic message center signs.Such signs are permitted in Commercial and Industrial zoning districts ef4y,or churches or schools and for nonresidential uses in residential districts subject to the following: 1.Signs must be on-site. 2.There shall beno moving or flashing Green orRed features which could be mistaken as traffic signals. 3.Intermittent Changes Message Duration: a.Any changes to the face or copy of the sign must have a minimum ofEight(S) second interval between changes Such signs shall display static images only- Such static images shall hold on the display for a period of at least eight (8) seconds. b.Transitions from one static image to the next shall appear to be instantaneous without animation,flashing or the appearance of movement of any kind Arty changes to the face or copy of the sign must stop at 10:00 p.m.,except for time and temperature. www.signs.org•info@signs.org 1001N.Fairfax Street Suite 301 •Alexandria.VA22314'(703)8364012 TEL*(703)836-8353 FAX www.signs.oig •info@signs.org c. d. e. International Sign Association Such signs in residential zones shall be programmed to turn off or display a blank face After between 10:00 p.m.and 6:00 a.m the background must be darker than the text. All electronic message signs shall come equipped with automatic dimming technology which automatically adjusts the sign's brightness in direct correlation with ambient light conditions. No electronic message center shall exceed a brightness level of 0.3 foot candles above ambient light as measured using a foot candle (Lux)meter at a preset distance depending on sign area.The measurement distance shall be calculated with the following formula:The square root of the product of the sign area and one-hundred. Example using a 12 square foot sign: Measurement Distance =V(12 Sq.Ft.x 100)=34.6 1001N.Fairfax Street Suite 301 •Alexandria.VA 22314 •(703)8364012 TEL*(703)836-8353 FAX DAKTRONICS ,<v nivo Dr.V-Q '••••••:'-L'/.t? v •-••:;-u u October 9,2012 Cityof Fountain Hills Attn:CityCouncil and Planning Commission 16705 E Avenue of the Fountains Fountain Hills,AZ 85268 Re:Proposed Sign Code Comments To Whom ItMay Concern: Weare writing toaskthatyoudisregardstaff's recommendation for denial ofthe allowance of electronic message signs,for commercial and industrial uses,within theproposedsigncodethatyouaresetto hear October 11. Wefeelthat the benefits of such signs havetothe community's business owners outweighs the concerns expressed by staff.Additionally,we feel staffhas failed to recognize thatsuchsignscanbe an aesthetic benefit to the community. Economic and Community Benefits First,electronic message signs bring manybenefitsto businesses choosingto install them.In fact,the U.S.Small Business Administration has estimated that businesses installing such signs have the potential toincrease their business anywhere from 15 to150 percent.That increased businessleadsto increased tax revenues that ultimately support the entire community. Current Allowances Furthermore,the city already permits schoolsandchurchestohave electronic messagesigns. Therefore,concerns thatsuchsigns will beoutofplaceinthe community can'tberaised,assuchsigns are already permitted within the community.Picking winners and losers with regard to who getstohave this valuable medium of communication should have norolewithin an ordinance,and borders on viewpoint discrimination thathasbeen found by many courtstobe unconstitutional. Aesthetics Finally,city staff has expressed concerns that these signs would discourage architectural design of signage,as well as concerns about the aesthetic impact.These concerns are unfounded,as many communities are opening up their doors tothe allowance of electronic message signs specifically to helpwith aesthetics. Electronic messagesignscan easily be designed with aesthetics in mind.The content canbe developed to mimic the architectural features of thebusinessesat which they are placed.We included apicturebelowforyour reference. P1A ^TDnMlpc; DAKTRDNICS 20 ;Dakr.j onics Dr .ro B •:•:b.L23 B:ookiugp,SD 57-.:-06 '•!:-fl :•."•;.;c:••• !.k!t"OI12 CS -CO!" Additionally,unlike manual changeable copy signs,currently permitted bycity ordinance,electronic message signs appear crisp,clean andnewfor years.Manual changeable copy signs grow cracked and yellowed,or the letters are often lost and become mismatched ina matter of months. If thecitytrulywouldliketoimprovethe appearance ofthe area,permitting electronic message signsis a positive step forward in doing so. As stated previously,please see the following pictureasan example ofan electronic message signthat has been designed so as tobe architecturally integrated into the design ofthesign and building where it's placed. THEVRLAGE A,tt i Thankyoufortakingthetimeto consider our request.Again,please approve amendments permitting electronic message signs for commercial and industrial uses. Please letmeknowifyou have any questions or concerns. Best Regards, Terra Fisher State and Local Regulatory Affairs 605-692-0200 hHHHI^P© nAkTTDnMinq Robert 'Bob'Rodgers From:Audra Koester Thomas [audra@psaplanning.com] Sent:Thursday,October 11,2012 12:05 PM To:Leger,Henry;Linda Kavanagh;dbrown@fh.az.gov;GinnyDickey;Tait Elkie; chansen@fh.az.gov;cyates@fh.az.gov;pzc@fh.az.gov Cc:rrodgers@fh.az.gov;Shaunna Williams Subject:Sign Ordinance Feedback Attachments:image001.jpg;photo.JPG.JPG Commission and Council: Asyoumayknow,I have served several yearson the Town's Strategic PlanningAdvisoryCommission.However,inmy dayjob,I workforaFountain Hills-based communityplanningfirm that developslanduseandcommunityplanning strategies throughout the Southwest.Wedevelopgeneralplans,economic development plans,andevenzoning ordinancesto promote vibrantcommunitiesthatpeoplewantto live,work and/or playin. I havefollowed the ongoingdialogue,debate and deliberations regarding changes to the Town'ssigncode.I attempted to attend one of the open houses backin April,butasyoumightrecall,I arrivedat the closing minutes onlytofindthe Community Center facility empty.Subsequently,I sentanemailoutliningmyconcernsoverexpanding the useof signage,particularly electronic message boards,banners andA-Framesigns,throughout our community. Fountain Hills isnotthefirstmasterplanned community I'veworkedwithor lived in.In fact,asanadult,I'veonly lived in master planned communities,andbeforemovingtoArizona,I workedforarguably the best master planned communityin the country:TheWoodlands,Texas.I amextensivelyfamiliarwith the useofcovenants,deedrestrictions, development standards,andzoningordinancesinhowtheycanbeusedbotheffectivelyand ineffectively atpreserving character,protecting property values and enhancing viability. Itiscommon that inthefinest master plannedcommunities,sign placement,use,typeandkindarenarrowlydefined andstrictlyenforced.Building,parkingandsignagedesign standards are potent elements increatingadesired communityaestheticbecausetheyarethelargest visible builtelements;andinoursparsedesert,where there isoften littlevegetativeornative structure to compete withthebuiltenvironment,the impactofthoseassetsisevenmore important to analyze. I remainsteadfastlyopposedtotheproposedchangestosignregulationsintheTown's Zoning Ordinance.Overthe courseofthepast several years,the Town anditselectedandappointed officials have allowed the A-Frame andbanner sign experimenttocontinue long afterits original andamendedtimeframe,routinely extending thesunset clause. Neither by my observations northose witnessed by the Commission and Council have weseena wiliness of partnership onbehalfofthosewhoseekto utilize expanded A-Frame andbannersignallowances.Compliance remainsaproblem, andthis alone should provide great pause atany consideration for these expansions. I supportthe Commission's recommendation for increased penalties for sign violations;it'sclearthat with these continued,selfishviolations,there islittlerespectfortheTown,it'sZoningOrdinanceorourresidents,visitorsand other businesses. I donotsupportthe expansion of A-Frame signs,including placement in thestreet right of way or placement between6 am and midnight.I support the use of A-Frame signs in close proximity tothe business itself;chalk-board A-Frames,for example,that announce a special purchasing opportunity provide a quaint,comfy feel while allowing pedestrians a brief glimpse into whatthestore might offer.During this prolonged experiment,the signs I've seen in the right of way create acluttered view,overly compete with eachother,and provide apotentialsafety hazard by impeding the view at intersections.Not once have I visited a store in Fountain Hills based onaA-Framesign I've seen.Asis obvious,since I donotsupportthe expansion of A-Frame signs,neither would I supportatwo-yearsunset clause. Theexpansionof "event"bannersas proposed nullify theuseofthe descriptor "event"all together.I agreewithstaff anddonotsupporttheextension allowing bannerstobeerectedforthreedaysperweek,everyweeknordo I support bannerusefor14dayspermonth.Indeed,banners create alookofclutter.Whenusedforspecific,short-term and nuancedoccasions,theymaybe appropriate.A banner isnotan appropriate permanent sign.As proposed,wherea bannercouldbeplacedforhalfayeareveryyear,itcertainlypromotesanearly permanent placement using aproduct that isn't intended as such. I agreewiththe recommendations by staff nottoallow contractors touse banners instead ofhardsigns.Again,thisisa classic element of what sets quality communities apart from average communities.Fountain Hills isnot,and should not seek to become,an average community. I also agree with staff that any type of neon signbe denied.Itis out ofkeepingwith the Southwestern styleof commercial development encouraged in our Southwestern community.In addition,I further agree with staff that electronic message signs for commercial and industrial uses be denied. Takinganyof these amendments alone isbad enough,but when considered cumulatively,these changes pose significant harm not just to the visual aesthetic of our community,but to the value of our residential and commercial properties. Whileworkingonalanduseplanfora similar-sized community inTexas,ahighly property-rights driven state with pockets of regulated communities,we held focus groups with local businesses to help define the vision for the community.One comment that will never leavemewasfroma representative ofa business that had multiple locations/storefronts throughout the country.Hesaid that when lookingfor placement of their next business location, they seek out the most stringently regulated communities they canfind,because they know when they invest in their new location,that community's regulations will subsequently protect their investment. I encourage the Commission andCouncilto remain steadfast to the value of the master planned community,resisting the recommended changes to the Zoning Ordinance.I have heard rumors from those that support the expansion of signage that these changes will help tofill the empty storefronts throughout our town;inmy experience,however, signage doesnot remedy the concerns we hear and observe in our community. Asafinal thought,please see the attached photo I took coming home frommy SPAC meeting lastnight.ThisA-Frame signhas been inmy neighborhood for several weeksnow.Itisinplace24 hours aday,sevendaysaweek.Aswelook to invite more people and businesses to our community,I assure you,images suchas these willnot convince them to invest. Unfortunately,an event downtown at the Flinn Foundation prevents mefrom attending tonight's meeting.I hope that youmightconsiderthissubmissionpartofthepublic comment you will receiveasyou continue considerationofthis matter. Audra Audra Koester Thomas Partners foe Strategic Action,Inc. ]377 t N.Fountain HillsBlvd.,Suite 11 4-360 Fountain Hills,Arizona 85268 p 480.816.1811 c 602.377.5612 f 480.816.1813 PSAplannina.com Notemy new email address:cjudra@psapianning.coir) TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL JOINT SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL AND PLANNING AND ZONING COMMISSION AND REGULAR MEETING OF THE PLANNING &ZONING COMMISSION OCTOBER 11,2012 PlanningandZoningChairmanLloydPewopenedthemeetingat5:30p.m. TOWN COUNCIL ROLL CALL: Mayor Linda Kavanagh Vice-Mayor Henry Leger Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Tait Elkie Councilmember Cecil Yates Kenneth W.Buchanan,Town Manager PaulMood,Director of Development Services Town Attorney Andrew McGuire KenKurth,Street Superintendent PLANNING &ZONING ROLL CALL: Chairman Lloyd Pew Vice-Chairman Angela Strohan Commissioner Richard Turner Commissioner Mike Archambault Commissioner Stan Connick Commissioner Mike Archambault Commissioner Eugene Slechta Commissioner Steven Harris Chairman LloydPew opened the joint session. present present present present present present present present present present present present present present present present present present present Mayor Linda Kavanagh congratulated and welcomed the reappointed Planning and Zoning Commission members Richard Turner,Angela Strohan,Stan Connick and Eugene Slechta andshe introduced thenewly appointed Planning and Zoning Commissioner Steven Harris. ChairmanLloydPewopenedthe discussion andturnedthe presentation overtoTownManager Kenneth W.Buchanan who asked Paul Mood,Director of Development Services to start the presentation in regards toa proposed pavement management program that willbe presented tothe Town Council next month.Mr.Buchanan pointed out that Mr.Mood,Ken Kurth,Street Superintendent,orhe would be available to answer any questions. Page 1 of 14 DR A F T ITEM #1-Discussion of street improvement town wide.Town Manager Ken Buchanan and Director of Development Services PaulMood presented an update and provided a PowerPoint presentation on the street improvement issue. PaulMoodgaveapresentation(SeeExhibit"A"attachedcopy of hisPowerPoint presentation). Mr.MoodproceededtoanswerquestionsfromtheTownCouncilmembersand Commissioners. Item #2-Discussion of the Downtown Theatre Project.Town Manager Ken Buchanan gave an update. Mr.Buchanan statedthatthetheatreprojectwasanon-starter.Mr.Buchanan pointedoutthe agreementwasapprovedbyTownCouncilinFebruarywithacquisition of thelandtooccurby September.HeaddedthattheTownsenta30-daynoticetotheapplicantlastMondaythatthe Development Agreement hadbeenterminated.(See Exhibit "B"attached) Noquestionsor discussion ensued. Item #3-Discussion of the status of Economic Development policy.Town Manager Ken Buchanan gavea presentation regarding the proposed town's economic development policy. Mr.Buchanan spoke tothe status of the Town's Economic Development policy.He pointed out thattherewerethree initiatives (1)Business Attraction initiative (2)Tourist initiativeand(3)The StrategicPlantofurtherthe development of the downtown area.(See Exhibit "C"attachedcopy of the presentation).Mr.Buchanan statedthatthethree initiatives wherebeingplannedandwould then be presented tothe Town Council. Item #4 -Planning and Zoning Chairman Lloyd Pew asked forany further questions or discussion,which therewerenone.Chairman Pew adjourned the meeting. The meeting adjourned at6:09p.m. TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE PLANNING &ZONING COMMISSION OCTOBER 11,2012 ChairmanLloydPewopenedtheregularmeeting of thePlanningand Zoning Commission at6:30 p.m.followed bythe Pledge of Allegiance anda moment of silence. Presentforthemeetingwerethefollowingmembers of theFountainHillsPlanningandZoning Commission:Chairman LloydPew,Vice-Chairman Angela Strohan,Commissioners Stan Connick,RichardTurner,MikeArchambault,EugeneSlechta,andStevenHarris.Alsopresent were Director of Development Services PaulMood,Town Attorney Andrew McGuire,Senior Planner Robert Rodgers,and Executive Assistant and Recorder of the Minutes Janice Baxter. Page 2 of 14 DR A F T ROLL CALL: Chairman LloydPew present Vice-Chairman Angela Strohan present Commissioner Stan Connick present Commissioner Richard Turner present Commissioner Mike Archambault present Commissioner Eugene Slechta present Commissioner Steven Harris present RobertRodgers,Senior Planner asked for nominations for Chairman of the Planning andZoning Commission forthe period beginning October 11,2012 and ending October 10,2013.[An incorrectendingdatewasshownontheagendanotedas October17,2013,andbroughttothe attention oftheChairmanbeforethe meeting.] Commissioner RichardTurner nominated LloydPewfor reappointment foranadditionalyearas Chairman of the Planning and Zoning Commission beginning October 11,2012,through October 10,2013.LloydPew accepted the nomination and Commissioner GeneSlechtasecondedthe nomination.RobertRodgersasked if therewereanyother nominations andhearingnone,he closed the nominations and a vote was taken with all Commissioners in favor. ChairmanLloydPewaskedfor nominations for Vice-Chairman of thePlanningandZoning Commission.Chairman LloydPew nominated Angela Strohan.Commissioner Mike Archambault seconded the nomination.Chairman Pew asked if there were any other nominations, andhearingnoneheclosedthenominationsandcalledforavoteforre-appointment of Angela Strohanas Vice-Chairman servingfrom October 11,2012 through October 10,2013.Allwerein favor. CALL TO THE PUBLIC PeterBordowaFountainHillsresidentspoketotheissue of theproposedsignregulations.(SeeExhibit "D"). REGULAR AGENDA AGENDA ITEM #1-CONSIDERATION of APPROVING the Planning and Zoning Commission RegularMeetingMinutesfrom September 13,2012. Vice-ChairmanAngelaStrohan MOVED toapprovethemeetingminutesfromtheSeptember13, 2012,PlanningandZoningCommission Meeting,as presented.Commissioner GeneSlechta SECONDED.A roll call vote was taken and the MOTION CARRIED 6-0,with one abstention, Commissioner Stan Connick. Page3 of 14 DR A F T Chairman Lloyd Pew aye Vice-Chairman Angela Strohan aye Commissioner Stan Connick abstained Commissioner Eugene Slechta aye Commissioner Richard Turner aye Commissioner Mike Archambault aye Commissioner Steven Harris aye AGENDA ITEM #2 -CONTINUED CONSIDERATION of TEXT AMENDMENTS to the ZoningOrdinancetoamend Chapters 12,16,and18.If adopted,the amendments wouldrevise thepermittedusesectionstoallowall restaurants tohave outdoor seatingareasin commercial or lodgingzoningdistricts.Theamendmentwouldalsoeliminatetherequirementthatoutdoor seatingareasbefenced if noalcoholisservedandtherearenopublicsafetyissues.Case Number Z2012-04;Ordinance 2012-05. RobertRodgers,SeniorPlannerexplainedwhythisitemwascontinuedfromthePlanningand ZoningpublichearingonSeptember13,2012.Mr.Rodgersexplainedthatduringconsideration, CommissionerGeneSlechtamadeamotiontoamendtheproposalsoastokeepthespecialuse permitrequirementforoutdoorseatingareasintheC-Cand C-l zoningdistricts.Thatmotion diedforlack of asecond.Mr.RodgerscontinuedtoexplainthatCommissionerRichardTurner thenmovedtoamendtheproposalsoastokeepthespecialusepermitrequirementintheC-C zoningdistrictonly.Thatmotionfailedona2-2vote.ChairmanLloydpewdecidedtocontinue thediscussiontothismeetingsothattheentireCommissioncouldparticipateinthediscussion. Thisbroughtusbacktotheoriginalquestion,whichwas staffs recommendationthatthe Commission forward a recommendation toCounciltoapprovetheproposedtext amendment,as presented. ChairmanLloydPewaskedforquestionsoradiscussionconcerningthis recommendation. Commissioner GeneSlechtasaidhesupportedthespiritofthechanges,includingthe possibilities ofnot requiring enclosures totheoutdoor seating areas when alcohol was being sold.However, Commissioner Slechta reiterated his objections regarding neighborhood commercial zoning districts.CommissionerSlechtastatedthatthereweretwozoningdistrictsthatincludedintheir definition two sentences that were not found in the others.Commissioner Slechta stated that those sentences were as follows: "Provide for services to the community,which was not detrimental to the integrity of the surroundingneighborhood"and "Particular attention was tobepaidto the interface between commercial or professional uses and the residential uses within thesame neighborhood" Commissioner Slechtacontinued to express that these two zoning districts,C-CandC-l should continue to require special use permits for outdoor seating because theywereso closely aligned withquiet,residentialneighborhoods.CommissionerSlechtastressedthathefeltthatwasnot Page 4 of 14 DR A F T unreasonabletoprovidetheresidentialneighborhoodsurroundingneighborhoodcommercial zoningdistrictsanopportunitytoweighinthroughthespecialuseprocess. Commissioner Gene Slechta made a MOTION to continue to require a special use permit process fortheC-Cand C-l zoning districts. Chairman Pew asked if there was a Second to the MOTION.Commissioner Richard Turner SECONDED forthe purpose a discussion. ChairmanPewre-statedthe MOTION asfollows:Movetoforwarda recommendation tothe Town Council to approve theproposed text amendments to Chapters 12,16and18 of the Zoning Ordinance relatingto outdoor seatingareas with the exception of C-CandC-l,zoning districts, which wouldstillbe required to obtain aspecialusepermitfor outdoor seating. ChairmanPewaskedforquestionsordiscussionbytheCommission. CommissionerRichardTurneraskedMr.Rodgers if therewasmuch C-l intheDowntownarea. Mr.Rodgersansweredthattherewasnoneinthedowntownarea. Commissioner Mike Archambault stated that he researched the Town's C-C and C-l areas on a mapandthenhe communicated his findings tothe Commissioners. Commissioner MikeArchambaultrequestedadditionalinformationregardingprop207 liability. Town Attorney Andrew McGuire weighed inonthe questions regarding the issues involved. Vice-Chairman Angela Strohan agreed with Commissioner Slechta and supported the idea ofthe residents having the ability to voice their opinion on outdoor seating inthe C-C andC-l zoning districts. Mr.Rodgers stated that,inhis opinion,those two zoning districts were not situated any differently thantheotherdistrictsintown.Allareinrelativelycloseproximitytoresidentialareas. Chairman Lloyd Pew asked fora vote onthe motion as follows:Move to forward a recommendation to the Town Council to approve the proposed text amendments to Chapters 12, 16 and 18of the Zoning Ordinance relating to outdoor seating areas with the exception of C-C and C-l zoningdistricts. Avoicevotewastakenandthe MOTION CARRIED 5-2,with Commissioner Mike Archambault and Chairman Lloyd Pew voting nay. Page5 of 14 DR A F T AGENDA ITEM #3 -PUBLIC HEARING to receive comments on ORDINANCE 12-07,a textamendmenttoChapter1,"Definitions",andChapter6,"SignsRegulations"of theZoning Ordinance of theTown of Fountain Hills.If adopted,the amendments reviselargeportions of the Town's regulationsregardingcommercialsignage.CaseNumberZ2012-01;Ordinance2012-07. RobertRodgers,SeniorPlannergavethepresentationandincludedaPowerPoint presentation. TheattachedExhibit"E"wherecommentssentviaemailand forwarded totheCommissioners andExhibit"F"isacopy ofMr.Rodger'sPowerPointpresentation. Mr.Rodgersstatedthat staff suggestedthatthePlanningandZoningCommissionforwarda recommendation totheTownCounciltoapprovethetext amendments to Chapter 1,"Definitions" and Chapter 6,"Sign Regulations"of the Zoning Ordinance as presented withthe amendments recommended bystaff. Mr.Rodgers explained thatthe primary reasons forthesign regulations wastodealwith aesthetics,visual character;to provide reasonable limits onthe number andsize of signs;to differentiate betweensignsthatareaimedatautosversus pedestrians,andforpublicsafety. Mr.Rodgers pointed outthatan ad-hoc Sign Ordinance Review Committee wasformedinJuly 2011,consisting of volunteers fromthe business community,citizens,staff,Planning and Zoning Commissioners,andTown Councilmembers.The committee reviewedtheentiresignordinance andmade recommendations for improvements and clarifications.Particular emphasis wasplaced on A-frame signsand banner regulations.He added thatthe Sign Ordinance Review committee scheduled meetings weekly untilApril2012.Threeopenhouseswereheldto present the committee's proposed regulations tothe community and receive further input. Mr.Rodgersnotedthatthe Planning &Zoning Commission helda Public Hearing onJuly12, 2012.The Commission recommended approval of the ordinance amendments subjecttoafew amendments.However,duetotheadditional amendments madebytheTownAttorney, comments receivedataTownCouncilWorksrudy,andtheSign Committee's re-review,this second Public Hearing washeld. The section numbers listed here are the ones being amended with this proposal. Section6.02:Wasthefirst major changewith "Definitions"moved. Sections6.03through6.07:Wereprimarilytypofixes,departmentnamechanges,and consistency changes thatwere more administrative in nature. Section6.08:Wasthemainfocus of theordinanceanddetailstheguidelinesforvarioustypes of signage allowed within thetown. Section6.02:TheDefinitionsarebeingmovedtoChapter1,of theZoning Ordinance. Page 6 of 14 DR A F T Section 6.03:Department name change to "Development Services". -Addingasliding plexi-glass facechange doesn't needapermit. -Take out Section Bthatwasa hold-over fromthepast.The town doesnotissue stickers forsigns,except for A-frames. Section6.04:DeleteSection "C"sinceitwasredundant.Thetwoprevioussectionssaythe samething. Section 6.05:Town Council recently adopted a revised penalty section intothe Town Code.This changemakesthissection consistent withtheadoptedversion.This ordinance sectioncurrently states: Finesmaybe assessed according tothefollowing schedule: A.Firstoffense,fine nottoexceed $25.00 andconfiscation ofsign(s). B.Secondoffense within twelve(12)calendar months offirst offense,finenot toexceed $50.00 andconfiscation ofsign(s). C.Allsubsequentviolationswithintwelve(12)calendar months ofthefirst offense,fine nottoexceed $100.00 andconfiscation ofsign(s). PLANNING AND ZONING COMMISSION: The Commission votedintheJuly12,2012,public hearing to recommend thatthe penalties for violations be increased to be $100 for the first offence,$500 for the second offence,and $700 for the third offence.Staff supported this recommendation. TOWN COUNCIL WORKSTUDY: The consensus of the Town Council during their work study review of this ordinance appeared to indicatethatthe Council would prefer thatthe penalty fines remain thesameastheyare currently. SIGN REVIEW COMMITTEE: Thesignreview committee has recommended thatthepenaltyfinesremainthesameastheyare currently. Public Hearing Opened at 7:15 p.m. JamesCarpentier,Mesa,Arizona representing the International Sign Association gavesome recommendations forthe Town's consideration.(See Exhibit "G") PeterBordowspokeagaintothe Commissioners regardinghisopinionontheproposedsign regulations.(See Exhibit "G") Public Hearing Closed at 7:22 p.m. Page 7 of 14 DR A F T AGENDA ITEM #4 -CONSIDERATION of ORDINANCE 12-07,a text amendment to Chapter1,"Definitions",andChapter6."SignsRegulations"of theZoningOrdinance of the Town of Fountain Hills.If adopted,the amendments revise large portions of the Town's regulations regarding commercial signage.Case Number Z2012-01;Ordinance 2012-07. ChairmanLloydPew explained thathewouldliketobringforthamotionandthenanyrevisions within the document would be addressed individually. Commissioner Richard Turner asked what the status of the vote on this document dated July 12, 2012was.Town Attorney Andrew McGuire explained that because of substantial changes,itwas decided thatitwas only fairtogivethe Commission a chance ina public hearing tomakea recommendation onthisnew version before itwas brought back tothe Town Council. Chairman Lloyd Pew made a MOTION to forward a recommendation tothe Town Council to approve the text amendment to Chapter 1,"Definitions"and Chapter 6 "Sign Regulations"of the Zoning Ordinance as presented tothe Commission inthedraft amendment.Commissioner Richard Turner SECONDED the MOTION for the sake of discussion. Vice-Chairman Angela Strohan asked Mr.Rodgers if a decision had been made on how the Town was going to enforce the proposed regulations.Mr.Rodgers answered thatany adopted regulations wouldbe enforced through the Town's Code Enforcement. Chairman Pew opened the discussion on Chapter 1,"Definitions".Chairman Pewaskedfor clarification onrevisionsto definitions thatdidnotpertaintosigns.Mr.McGuire explained that sincetheTownwas making massive changes,itonlymadesensetoreviseotherareas of Chapter1 anddosome cleanups.Mr.McGuire added thatthemain reason wasto reconcile some of the areas of the definitions that were inconsistent with one another or the same term was defined differently inChapter6,asitwasin Chapter 1. ChairmanPewaskedforfurther discussion on Chapter 1.Noonecameforward. Chairman Pewrequested discussion on Chapter 6.04.Therewasnone. Commissioner Gene Slechta readthefollowing: "We'vebeenatthisoverayear.Thesigncommitteehasbrought forward over30 significant changesdesignedto improve',andincrease,signageexposureinthetown.Isupportmost of thosechangesSOMEIdonot.Itisnosecretthatthevastamount ofenergyexpendedinthis reviewwasdealingwithtemporarysignage.Inaddition,thecommitteerevisedverbiage whereverclaritywasneeded.Icertainly support allthosechanges. Inanumber ofthemeetingsI quoted thevery first paragraph ofthesign chapter,...the PURPOSE ofsignregulations:It says...."Thesesignregulationsareintendedtoencourage Page 8 of 14 DR A F T ATTRACTIVEsignage for businessesandservices,optimizingtheavailability of information whilepromotingthegeneralwe/farebycreatingamoreaestheticallyappealing community". TheresultshereclearlyaddressedbusinessesinterestsBut,inmyopinion,fell shorton meetingthepurposestatementinthearea ofaesthetics.Let'slookatthisthroughtheproper lens.Firstabit ofhistory,whichismostlyinBob's staff report.Majorrevisionswere passed in 2008to support thebusinesscommunity.Thesechangeswere designed bythebusiness community.TownCouncil,wisely,put expiration dates ofone year for a-frames and banners for "special events".Thiswas put inso that theTown Council could evaluate how businesses were complying.Every year now for the past 4 years the Council has granted an extension,....eventhoughtheirviolationswereconsistently90%orhigher.Nowwearelooking at dramatic expansion oftheusage. Aesthetics are important!!!Sign abuse and clutter has unintended consequences.Don V believe me?Ask the Council. 2daysago,therewasa Council work study session.One ofthe items onthe agenda wasa discussion on POLITICAL signs.TheTown Council has asked staff to craft a resolution that will ban these signs from town rights-of-way of every single arterial inthistown. Justification "placement (ofpolitical signs)....within the rights-of-way (of commercial areas)will detract from the scenic and aesthetic appeal"..."deterits appeal to tourists ". Commissioners,these are temporary signs being placed on our town property.Theseareno different,in principle,then cluttering up our town right of wayswith businesses temporary signs. Bottom line,ifpolitical signs are unattractive along the streets,soare a-frames and banners. ChairmanPew requested discussion on Chapter 6.05.Commissioner GeneSlechtawantedto reiterate thatithad previously been recommended bythe Planning and Zoning Commission to increase thefinesand that thefineshad now been recommended back tothe original fines. Commissioner Slechta noted that in2008,substantial changes weremadeinthesign regulations. He continued that inthe area of temporary signs the town hashad many violations andnotedat least90%violations in A-frames and100%with banners.Commissioner Slechta pointed outthat inthe past our Town Council has asked for support fromthe business community to police the problemwithnoluck.CommissionerSlechtaproposedgoingbacktotheCommissioners recommendation to increase the fines. Commissioner Mike Archambault made a MOTION togo back tohis originally proposed fines of 1st offense $100.00;2nd offense $500.00;3rd offense $700.00. ChairmanLloydPewaskedforasecondtothismotion.Commissioner GeneSlechta SECONDED the MOTION. Chairman Pew asked for a discussion to this motion. Commissioner Mike Archambault noted that heseessign violations and added thatfor4-5years noonehasbeenfinedfor violations tooursign ordinance.Healso stated that if wedonotput somekind of fineon violations with teeth,what good are our regulations. Commissioner Stan Connick stated hedid not feela large violation fine would be good relations. Page9 of 14 DR A F T Commissioner Richard Turner asked if thefinewasforeachday of violations.Robert Rodgers answeredthatitwouldbeuptothejudgeifsomeonedecidedtotakeittocourt,buttheordinance statedperday.CommissionerGeneSlechtanotedthatbeforeafinewasimposedtheviolator wouldbegivenawrittenwarningandifnecessaryaticketwouldbeissuedfor $25.00. CommissionerSlechtapointedoutthatitwouldbea"nottoexceed"amount if increasedandthe judgewouldhavetheabilitytodeterminewhatthefinewouldbe if thecasewastogotocourt. ChairmanPewpointedoutthattherewereotheralternativeslistedintheordinancebeforefines are given toa violator. ChairmanLloydPewaskedforavoicevoteonthemotion,andthe MOTION FAILED 2-5.The proposed feeswould remain thesamewithno change. Chairman Pew asked for discussions onthe following: 6.07F None 6.071.4 None 6.0771.5 None 6.071.9 None 6.07J None 6.07K None 6.07M None 6.07N None 6.07Q None 6.08 None 6.08.A.1 None 6.08.B Commissioner Gene Slechta stated hedidnot support A-frames inthe town right-of-ways because one-half of thebusinessesusingA-framesleavethemout24hoursadayandmanyinthe right-of-ways.Commissioner Slechta addedthatmost businesses areopen40hoursperweekso therewasnoreasonforthese temporary signstobeoutontownproperty168hoursperweek. Commissioner Slechtawouldamendtherevised recommendations thatA-framesign placement be allowed in town as currently written. Commissioner Mike Archambault askedMr.McGuire if hewas comfortable with permitting signs intheright-of-ways.Mr.McGuireansweredthattherewasnocontrol if someonewasnotpaying attentionandhitasign.Commissioner Archambaultexpressedhisrecommendationthatsigns should be consistent and placed no closer than 3'behind thecurbinstead of 1'without attached balloons and 3'with attached balloons. Commissioner Stan Connick agreed with Commissioner Archambault and Commissioner Slechta because being abike rider his concern would be that an A-frame set1'behind thecurb could fall overintothestreetandimpedewalkersorridersusingthisstreetportion. Page 10 of 14 DR A F T Commissioner GeneSlechtastatedthathedidnotsupport3'behindthecurbsincein various areas of townthesignswouldstillbeplacedintheright-of-way. CommissionerConnickmadea MOTION tobeconsistentatplacement of A-framesbehindthe curb3'.CommissionerMikeArchambault SECONDED andthe MOTION CARRIED.6-1, withCommissionerSlechtavotingno. Chairman LloydPewalsoinstructedRobertRodgerstoreviseeveryplaceintheordinancethat placed signs1'from curband amend to3'.Mr.Rodgers statedthatthis would include garage sale signsandopenhousesigns. Mr.Rodgersasked if any of theCommissionerswantedtocommentontheone-yearextensionfor A-framesandbannerssincethedraftstatedasunsetdate(committee recommendation)of December31,2014.TheCommissionmovedtorecommendonlyaone-yearextensionto December 31,2013. CommissionerGeneSlechtaaskedtodiscussthetimesallowedtodisplayA-frames. CommissionerSlechtadidnotsupportthe6:00a.m.-12:00a.m.butwouldliketoseethesigns allowedbetweenthehours of 7:00a.m.and9:00p.m.CommissionerSlechtapointedoutthata majority of towns and cities allow A-frames during business hoursonly.Another issuewasthat withthe6a.m.-12a.m.the A-frames wouldlikelynotbetakendownand enforcement wouldbe limited. Commissioner Gene Slechta madea MOTION toreturntothecurrentordinanceregardingA- frames times allowed to7:00a.m.and9:00p.m.Commissioner Stan Connick SECONDED and the MOTION CARRIED.7-0. Commissioner Gene Slechta made a MOTION to not allow A-frame signage inthe town's right- of-ways.The MOTION FAILED forlack of a Second. 6.08.D Commissioner Gene Slechta commented that itwas unlikely that businesses would takea bannerdownforashortperiod of timeandthenplacethe banner upata different timepermonth. Commissioner Slechta also explained thatit would be difficult toenforce. Commissioner Gene Slechta made a MOTION to keep the banner regulations the same asthey arecurrentlyand Commissioner Stan Connick SECONDED.Chairman Pewaskedforarollcall votewiththe following results: The MOTION FAILED 3-3,with Commissioner Harris abstaining. Commissioner Gene Slechta made a MOTION to recommend extending the sunset dateuntil December 31,2013. Chairman Lloyd Pew SECONDED andthe MOTION CARRIED 5-2. Page 11 of 14 DR A F T Commissioner Richard Turnermadea MOTION toamendthe14dayspermonthto display event banners to7consecutivedayspermonth.Thiswouldnotincludegrandopening banners.Robert Rodgers mentioned thatthe business ownerwouldchoosethedates,whichwouldbe approved by overthe counter review and Code Enforcement would receive a copy for enforcement purposes. Vice-Chairman Strohan SECONDED and the MOTION CARRIED 5-2. ChairmanLloydPewmadea MOTION toexpand6.08Ftoincludeallcontractors. MOTION FAILED for lack of second. 6.08.P Mr.McGuire answered questions from the Commission.Specifically,the removal ofthe conditions,whichwouldalsocountfortotalsignagearea. 6.08Q None 6.08R Andrew McGuire explained that State Law requires that the Town allow signs in the right-of-ways withthe exception of tourism and hospitality zones andthat could include areas such asthe fountain,golf courses,hotels,andthe mountain preserve. 6.08.S None 6.08.T None 6.08.V None 6.08.X None 6.08.AA None 6.08.BB None 6.08.CC None 6.08.DD None 6.08.EE None 6.08.FF None 6.08.CC Commissioner Slechta stated thathedidnot support the committee's recommendation at this time.Commissioner Slechta added that the reality was that we are in the 21st century and need to recognize that electronic signage can provide a benefit to the business community.However,our lighting section,Chapter 8,of the Zoning Ordinance lives in the 20th century.Commissioner Slechta noted changes in technology and illumination standards in the past decade or two. Commissioner Slechta recommended denial ofthe proposed amendment until such timeas Chapter 8,hasbeen reviewed and updated to current standards and technology. Commissioner Mike Archambault made a MOTION to return back to the Town's original ordinance concerning electronic message regulations.Commissioner Gene Slechta SECONDED. A roll call vote was requested with the following results: CommissionerTurnernay Commissioner Archambaultaye Vice-Chairman Strohannay Commissioner Connicknay Page 12 of 14 DR A F T ChairmanPew nay Commissioner Harris abstained Commissioner Slechtaaye The MOTION FAILED 4-2. Commissioner Gene Slechta thanked Robert Rodgers and Janice Baxter fortheir work onthe sign ordinanceandsecondedby Commissioner StanConnick. ChairmanLloydPewmadea MOTION toaccepttheamendeddocumentaspresentedinthis document.Commissioner Richard Turner SECONDED and the MOTION CARRIED 7-0. AGENDA ITEM #5-COMMISSION DISCUSSION/REQUEST FOR RESEARCH tothe PlanningandZoning Administrator.Itemslistedbelowarerelatedonlytotheproprietyof(i) placingsuchitemsonafutureagendaforactionor(ii)determining if amajority of Commissionerswishtorequest staff toconductfurtherresearchandreportbacktothe Commission. None Received. AGENDA ITEM #6-REPORT fromtheSeniorPlanner of PlanningandZoning. Robert Rodgers Senior Planner congratulated Chairman Lloyd Pew forbeing re-appointed as Chairmanforanother one-year term.Mr.Rodgersalso congratulated Angela Strohanforherre appointment as Commissioner andforbeing re-appointed Vice-Chairman foranotherone-year term.Mr.Rodgers also congratulated Commissioner Stan Connick,Commissioner Richard Turner,and Commissioner Gene Slechta for their re-appointment and welcomed thenew member Steven Harris to the Commission. Mr.Rodgers notified the Commissioners thatthe Thursday,October 25,2012,Commission meeting would be cancelled.Mr.Rodgers added thatthe Business Showcase wouldbeheldon Thursday October 24,atthe Community Center from3:00to6:00p.m. AGENDA ITEM #7 -SUMMARY OF COMMISSION REQUESTS No requests weremade AGENDA ITEM #8 -ADJOURNMENT. Commissioner Slechta MOVED to adjourn and Vice-Chairman Strohan SECONDED the MOTION.The MOTION CARRIED (7-0),by those present. Chairman Lloyd Pew aye Vice-Chairman Angela Strohan aye Page 13 of 14 DR A F T CommissionerStanConnick aye CommissionerMikeArchambault aye CommissionerEugeneSlechta aye CommissionerRichardTurner aye CommissionerStevenHarris aye Themeeting ADJOURNED at8:38p.m. FOUNTAIN HILLS PLANNING &ZONING COMMISSION BY:ATTEST: ChairmanLloydPew JaniceBaxter,Recorder of theMinutes CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy ofthe minutes of the meeting of the Fountain Hills Planning and Zoning Commission's joint session with Town Council and the regular Planning and Zoning Commission meeting held inthe Town Council Chambers on the 11th day ofOctober 2012.I further certify that the meeting was duly called and thataquorumwaspresent. Dated this 11th day of October 2012 Janice Baxter,Recorder of the Minutes Page 14 of 14 DR A F T Town of Fountain Hills Pavement Management .i.^Mi Paul Mood,P.E.-DirectorofDevelopment Services October 11,2012 Pavement A/laintenance Zones FountainHillsRoadway Statistics *390 lane miles '31*160,000 SYof pavement surface •7 Pavement Maintenance Zones ii A99Exhibit"A 10/10/2012 Historical Streets Revenue 8c Road Maintenance Fiscal Year HURF" Revenue Total Road Maintenance GF/CIP Contribution 2000 S 1.012.184 S 1.557.543 S S .269,100 2001 S1.061.521 S 1.281,528 771,700 2002 S 1.254.816 s 968.745 s 588,100 2003 S 1,310.997 s 305.356 s . 2004 S 1,400,448 s 540.428 s - 2005 S 1.471,032 s 595,289 s s2006S1.574.453 s 548.074 500,000 2007 S 1,750,051 s 1.171,728 s - 2008 S 1,682.055 s 721.183 s_ s 721,183 2009 S 1,468,335 s 637.905 637.905 2010 S 1,391,100 s 420,883 s 420,883 2011 S 1,396,075 s 325.074 s 325,074 2012 S 1.132,332 s 200.000 s 100.000 2013 S 1.265,640 s 200,000 s 100.000 *Excludes in lieu fee and miscellaneous revenues Pavement Management Practices Historical pavement management practices have consisted of crack sealing,surface seals and slurry seals by maintenance zone once every seven years and was funded through a combinationof HURF,GeneralFundsand CIP Funds. Crack Seal ••i«*|j;p L'Wi'jpr i ..._. Surface Seal (TRMSS) Slurry Seal 10/10/2012 Future Pavement Management Needs Due to the age and condition of the roads the traditional practices may not provide the proper level oftreatment.Increased maintenance may include microseal,chip seal orcape seal. ^if ChipSeal Cape Seal Future Pavement Management Needs Eventually allpavement will needtobereplaced.Iftheroadwaybaseisingoodcondition then roadways may bea candidate for asphalt mill andoverlay where thetop layer of asphalt is removed and replaced. MNI&Overlay 10/10/2012 Asphalt Conditions:Zones1-7 Staff hasconducted an assessment of Pavement Management Zones 1-7andidentified various areas where the asphalt and subgrade is failing.These areas will need tobe removed and replaced before any surface treatments can be effectively applied.The costoftheasphaltreplacementsareestimatedat 5782,000. Asphalt Replacement Costs Zone 1 $313,000 Zone 2 5218,000 Zone 3 $95,000 Zone 4 $12,000 Zone 5 $7,000 Zone 6 $22,000 Zone 7*$110,000 Total=$782,000 *Excludes portions of Saguaro Blvd.,Fountain Mils BWJ.,Palisades Blvd.and Sliea Blvd.which may ho included in a future bond. Zone 1:Asphalt Replacement Town of Fountain HUla ZONE 1 PAVEMENT MANAGEMENT AREA: ASPHALT REPLACEMENT '4' Notes: •73 pavement replacementlocations •19,000 square yards •$380,000 replacement cost 10/10/2012 Zone 1:AsphaltReplacement Examples 'iji^s^'rsapResi^iGsi Valloroso&Armijo OelCambref.Roslt.-i Arterial Roadway Reconstruction In June of 2012 theTown contracted with RAMM Geotechnical Engineering to take core samples in orderto determine the actual pavement thickness andsubgrade profile forthe following streets: 1.Saguaro Blvd.(Shea Blvd.to Fountain Hills Blvd.) 2.Palisades Blvd.(Saguaro Blvd.toFountain Hills Blvd.) 3.FountainHills Blvd.(Palisades Blvd.to Middle School) The results ofthe geotechnical investigation showedthatthe pavement thickness andsubgrade profile varied greatly on all ofthestreetstested.For Saguaro Blvd.the asphalt was typically between 1"and2"thickovera2"to3"subgrade whichisfarlessthannormal standards. DuetotheexistingconditionsofSaguaro Blvd.the RAMM reportrecommendsfullreconstruction fortheentirelengthwhichconsistsof removing thetop10"ofexistingasphaltandsubgrade, scarifyingandcompactingtheexposedsubgradeandplacinganew pavement sectionof4"of asphalt on 6"of base course. The report also recommends full reconstruction forthe areas ofPalisades Blvd.andFountain Hills Blvd.with the exception of the area on Fountain HillsBlvd.near the Ashbrook Wash which was reconstructed with a wash crossing project In1996. 10/10/2012 Saguaro Blvd.Reconstruction Basedontheinformationandrecommendationsprovidedbythe RAMM Engineeringreportstaff ha5 developed the following scope of work for reconstruction of Saguaro Blvd. •engineeringdesignandconstructionoversight •asphalt reconstruction (full depth) •drainage improvements (Palisades Blvd.and Desert Canyon Golf Course areas) •valve &manhole adjustments •ADArampmodificationsasrequired •curb repair &replacement as necessary •stripingandpavement markings »Ave.oftheFountains Intersection 3-way stopmodifications •trafficsignalreplacementat Palisades Blvd.(CIP rund) ProjectCoordination: •AshbrookWashdrainageimprovements(2015) •Stale Trust Landsanitarysewer(timingunknown) •Fountain HillsSanitary District •Chaparral CilyWater •SRP,SWGas,Cox,CenturyLink,etc. EstimatedcostofdesignandconstructionIs$8.6 million. X Saguaro Blvd.Improvements ..-------Jm •')., NS Saguaro Blvd Shea Blvd -Fountain Hills Blvd SAGUAROBLVDRECONSTRUCTION DRAINAGE IMPROVEMENTS Bonds =$8.2Million CIP Fund =$o.4.MilIion Total =$8.6Million 10/10/2012 Avenue of the Fountains InterersectionImprovements The intersection at Saguaro Blvd.and Avenue ofthe Fountains shall be modified to provide increased pedestrian safety.Reconstruction ofthewater feature is anticipated tobe included in the project.The improvements will not affect existing traffic flow,however,a more permanent solutionwillbe required as traffic volumesincrease. -•^far <••& Saguaro Blvd.Drainage Improvements The photographs belowshowSaguaro Blvd.neartheDesertCanyonGolfCourse.Theinletsto various drainage structures on the west sideof the street are undersized and donoallowfor proper drainage.The Saguaro Blvd.Reconstruction estimate includes design and construction of propersized drainage structures inthisareatoprevent standingwater whichisnotonlyahazard tomotoristsbut accelerates deterioration oftheasphaltandsubgrade. October 2010 December 20ii 10/10/2012 Saguaro Blvd.Drainage Improvements The photographs below show southbound Saguaro Blvd.from Palisades Blvd.to Parkview Ave. after a rainstorm in October of2010.Duetothel3ckof storm drainsinthis area the water drainsto acatchbasin south ofParkviewAvenuewhichthenflowsintoFountainPark.The Saguaro Blvd. Reconstruction estimate includesdesignandconstructionofproperdrainageinthisareato prevent standingwater. Saguaro Blvd.:Palisades Blvd.toParkview Ave Saguaro Blvd.ft PalisadesBlvd.Intersection Questions? 1 Km Contact:Paul Mood,.}8o-8if)-5i29,p1nood@fh.a7.gov 10/10/2012 Theatre Project •Non-Starter •The Development Agreement was approved February 2012 u TimeLines requires acquisition of land by September 2012 "Cure Letter sent September 2012 giving30 day notice •Letter sent October 8,2012 of Development Agreement Termination Exhibit "B" £-. 10/10/2012 Economic Development ECONOMIC DEVELOPMENT PLAN Basics of Economic Dovelopmont T)>c Importanceofavibranteconomyinrounialn Hills cannc-l lie overstated.Withoutimportingwealth anil revenueto the comnuinity anil theabilityto retain them,thefuturewillbe Tilled withissue advene toitsdesiresof sustalnabihty. Theconcept Is tobuilda"basic"andcontinueto build on .1 "non-basic"economyinthe community. I)ns|c economy flaslceconomyisdefinedasanactivitythatwillbringinnewdollars into thecommunity.Thisactivitycomes In a wldij ranr.e offorms from touriststaying In townatlocalhotelstohiringemployeestomanufactureaproductmadeor processedIn Fountain Hills beingsoldand distributed outsiJe its boundaries.This inessenceismoneycomirifj Intothe community that creates jobsand wealth. Non-basic economy Anon-basiceconomyisdefinedastheprocessofkeepingdollarsalreadyinthelocaleconomyinFountain Hills.The Innfier thedollarstaysandcirculatesin die localeconomy,themorejobsand businesses il creates. FountainHills depends on locally-ecncratcd saleslax revenues toprovide community services,Infrastructure,amenities. [lothbasicandnon-basicactivitiesarecriticalto die futureviabilityoffountain Hills. 99Exhibit"C 10/10/2012 1G 1 Consensus BasedEconomic Development Implementation Plan (EV1) Downtown Initiative (EV3) STRATEGY DEVELOPMENT: Area Specific Plan Implementation Strategy (Hyatt/Palma;Swaback Plan; ULIPlan)Mixed Used Development Zoning (Smart Growth Principles);Development Incentives;Capital Wayfindir.g Plan Funding Plan ' Tourism Initiative (EV5) STRATEGY DEVELOPMENT: -Promotion/ Marketing New Events Planning •Wcbsitefsl/Electrcnc Media .Funding Stakeholders:Town ofFH,SPAC,P&Z.FH Chamber olCommerce,FH Business Alliance Ft.McDowell,FH Sanitary District,FH School District,Utilities,Developers,Commercial Property Owners,CommercialRealEstate leasing Agents,Community leaders I Business Attraction Initiative (EV4) STRATEGY DEVELOPMENT NAiCs Dusiness Sectors: *S4-Profession;!,Technical, Scientific Services Businesses "52-finance,Inwrance, Businesses •52-Health Ore -IndustryRetentionF.Expansion Program •Website Enhancement IndustryRetention&Expansion Program/Fcla.'l Attraction -V-.'ebsile/Hccu-cnlc Media Downtown Inntiatlv SheaCorridor;SaguaroCorridor;Downtown 10/10/2012 11 Strategy Action Downtown Implementation Strategies •Website Enhancements Promoting Downtown •Include In MunicipalEconomicDevelopmentRedesignedWebsite •Include In Other Partners Websites •Discuss previous planning efforts withentitiesinvolvedatthe time •SwabackCrcup.'FHcof C/Cidzens/CouncPmcmbcrs/Property Owners •Hyatt/Palma Downtown Study •Ull Recommendations •SPAC Understanding Previous Efforts •Council Directives/Staff Efforts Downtown Association Attempts •10 Ull Recommendations •Swaback "Vision Plan'VArea SpecificPlan Strategy Action Downtown Implementation Strategies cont •Shea Corridor;Saguaro Corridor; •Downtown Districts •The Business District -The Avenue District -The South End District •The Residenti.il District -The West Side District -The Civic District •The Service District -The Lakeside District -The Park District Incentives -GovernmentPropertyLeaseExciseTax(CPLET) -ExpressPermitting 'Construction Sales Tax Tenant Improvement Enticements •Construction Sales Tax Development Tee '"Buy-down" •Zoning/Land-Use Flexibility Measures WayfindingPlan •Signage fromShea filvd to Downtown Current Downtown Projects •Median Project 10/10/2012 12 Strategy Action Planning Downtown Implementation Strategiescont. Strengths Recreation Open Space Icon of "The Fountain McDowell Mountains SmallTownRural Feel in Urban environment Coif HumanCapital Casino Annual Events Weaknesses Location PeilestrianAccess Commercial Saturation Depth of SpecialtyRetail Strategy Action anmng Downtown Implementation Strategies cont Opportunities Create a "Local Sense of Place" Focus on civic tourism Connect theparktotheAvenue Makethe downtown work forthe community first before tourism Downtownshould be "16hour"villageorientedenvironment InventorRe-Invent Downtown Image Attention on "Design" Consider "Infill/Redevclopmcnt Simplify Polices/Procedures Threats It's not aboutonebigidea/itsdoing1,000thingswell It's nota piecemeal solutlun/a holistic approach is needed •Not thinking "big/bold/loni;term" 10/10/2012 .SWOT 13 Strategy Action Planning Downtown Implementation Strategies cont.... Key Ingredients •Compact Development Bettercor.r.ection for civic center Focus on scale District approach is great St.Vrstep buildingIntensity/building foot print ntegrated Mixed-Use Identify appropriate usesfor Downtown (nomoreau'.ouses) Explore what willbringinvisitors Green Streets WidenSidewalks •More landscaping More Boulevards -Outdoor Activities Places to Sit Friendly Sidewalks Overhangs -Appropriate Street Trees T*Storybalconies•CreatingIntriguingSideAreasto visit Areaswith more surprises-Make black shorter Misters -Meandering Sidewalks Public Rest Rooms Strategy Action anniing Downtown Implementation Strategies cont. Key Ingredients cont •Brand Identity Don'tpretendto bescme'h'ngeke Bringthewater/viewsintotheDowntown Subtle Place Making Opportunitytoloseyourideaoftime Continue with Art/Make itmore distinguished More Fountains/Dancing Fountains Make Saguaro Blvda Mail Destination Program StrategicImplementation Phasing Public/Private Resources Roles Tundir.g 10/10/2012 14 Strategy Action Planning •Urban tand Institute (ULI)io Recommendations •Retail/Detail •CompleteMarketStudy(orscale/scopeofexistingbusiness •Activate the Water •More Fountain •Shape the "What" •Focusedprogramming strategy •From "What"to "Brand" •Catcway Brand;bicycling;green ;'eco;visualarts •Toolbox •ZoningRegulations;Eased Development PermittingFrocess •Starting Point •Averiue/Fountaiii.'Ariiphitheatre Continue the Conversation •AdvisoryPanel •Authenticity •Organic Retai'crs/Mixed Ilousing •Education as Driver •Higher Education in Downtown Area •The "Time is How" •Plan Ina"bo!d"deliberate manner. Strategy Action $Downtown Implementation Strategies cont. Current Downtown Projects •Median Project Implementation Plan •Priority Projects •ParkAmphitheatrc •Saguaro Blvd Road Bond Improvements Downtown Street Maintenance Improvements •Park/AvenueAccess Projects •Public Rest Rooms •Tourism Center Incentives Strategy •Government Property lease Excise Tat (CPIEI) •ExpressDevelopmentPermitting •Construction Sales Tax Tenant Improvement Enticements -ConstructionSalesTaxDevelopment Fee '"Guy down" •Zoning/land-Use Flexibility Measures Wayfinding Plan •SirlruiTe from Shea Blvd to Downtown 10/10/2012 15 Strategy Action anning Tourism Implementation Strategies •Website Enhancements;Websites Linkages •Discusspreviousplanning efforts with entities involvedatthetime. •FH Cof Q'Citi:ens,'Councilmembcrs •FIICofCExccutiveDirector •Tourism Durcau Manager •Understanding Previous Efforts •Council Directives/Stall Elforts/FH CofC Efforts "Branding" Swaback"Vision Plan" ImplementationPlan/Priority Projects Key Result Areas Resources Product CornpelluVcness/Niches/Collabo rations linkages 10/10/2012 16 Strategy Action Planning •Tourism ImplementationStrategiesCont. •Goals •Budget/Structure •Resorts/Hotels -Niches Collaborations •Col/ •Events/Art •Weddings •Desert Experience/Outdoor Adventure -Biking •Major Events •WeeklyEvents •MajorArtFairs •Strong ImageasArt-Active Destination •Action Plan •Tourism Destination Activities •Bridal •Coif •Print Media Strategy Action Tourism Implementation Strategies Cont. -Action Plan •Budget/Structure •Reinitiate flew Resort Development •Niche Product Marketing -Tourism Destination Activities »Bridal »Multi-DayEvents »Culf »Weekend Events »DesertExperience»ArtFairs »Art-Active Image •Destination Marketing -Local Promotion of Events/Attractions -Regional Promotion of Events/Attractions -SoclalMecfia -Webstes -Media Rehlions/PR -Niche Marketing -Weddings -Dcscrt/Southw est Experience -NalireAmerlcanHcntagc/OldWest Experience -Arts a Related Art Events •PartnershipDevelopment 10/10/2012 17 iness Attract! initiative trategy Action Planning •Business Attraction Implementation Strategy •IndustrySectorOpportunities •NorthAmericanIndustry Classification System •NAICS #52 Finance,Insurance,Business Industry Sectors •NAICS #54 Professional,Technical,ScientificServices Sectors •NAICS #62 HealthCare/Wellness Industry Sector •Current NAICS#52,#54,#62 Businesses in Fountain Hills •BasicEconomy: •Concept Development Corporation -aerospace &defense;law enforcement safety products (sell tothe military &lawenforcement); •SJT Mlcropower Inc-aerospace &defense;designs and fabricates (contract mfg)metal semiconductor field effect transistors (power regulation and wireless technologies for defense andmedicalapplications); •CR Engineers,Inc.-Electrical Engineers;8 employees. •Ad-Soft -SoftwareSupport t.Development company;7 employees. •Desert Fountain Software -Custom application/database development consulting; •Christensen Computer -Software developerBc wellness product software;20 employees •Brokers Alliance -Insurance agency and brokerage;62 employees. •Non-BasicEconomy: •Target,Basha's;Safeway;Fry's •Phil's;Sofritas;Redendo's,EuroPizza 10/10/2012 IS Strategy Action tanning •Business Attraction Implementation Strategy cont. Retention &Expansion Program Municipal Website Enhancements •CommunityAmenitiesdepicting Economic DevelopmentOpportunities •Depicting Implementation Strategies •ED Data;Labor Force;Workforce Development •Locationof Properties for NAICS Business Sector Infrastructure Assessment •SWOT:Electricity;Cellular;Broadband;Wi-Fi TownCouncil Review/Partnerships Cooperation/Approval Strategy Action Current Downtown Projects •Median Project Town Council Review/Approval Partners Review/Approval Economic Development ImplementationPlan •PriorityPlanning •Action PlanDevelopment ActionStopDevelopment 10/10/2012 19 10/10/2012 20 REQUEST TO SPEAK CARD Please submit this card prior to the discussion ofthe item listedbelow. f\Meeting Date IO~11 ~\'2- Name/PhoneNo.'\^^\<.ir Q(^PO c9lA> City/Town £l/' Title/Organization I am representing (#of people)""7 D YES,I wish to speak orD NO,I do not wish to speak,but have indicated my position:•FOR •AGAINST JK^CALL TO THE PUBLIC •PUBLIC HEARING ITEM NO. •AGENDA ITEM NO. PLEASE PRINT Comments:. Thank you for participating in your Town government.Your comments are an important and valuable part of the process. Please fill outthecommentcard completely andturnitintotheClerk prior totheCouncil discussion oftl priortothe beginning ofthe meeting. (Please see reverse forprocedural information on addressing the Council)Exhibit "D" Redact Redact Redact Redact Redact Redact Redact Redact Janice Baxter From:Robert 'Bob'Rodgers [rrodgers@fh.az.gov] Sent:Thursday,October 11,2012 1:31 PM To:'Janice Baxter' Subject:FW:Sign Ordinance Feedback Attachments:photo.JPG.JPG Janice, Please forward this to the P&Z Commissioners. Thanks. Bob From:Audra Koester Thomas [mailto:audra@psaplanning.com] Sent:Thursday,October 11,2012 12:05 PM To:Leger,Henry;Linda Kavanagh;dbrown@fh.az.gov;Ginny Dickey;Tait Elkie;chansen@fh.az.gov;cyates@fh.az.gov; pzc@fh.az.gov Cc:rrodgers@fh.az.gov;Shaunna Williams Subject:Sign Ordinance Feedback Commission and Council: As you may know,I have served several years onthe Town's Strategic Planning Advisory Commission.However,in my day job,I work fora Fountain Hills-based community planning firm that develops land use and community planning strategies throughout the Southwest.We develop general plans,economic development plans,andeven zoning ordinancestopromotevibrantcommunitiesthatpeoplewantto live,work and/or playin. I have followed the ongoing dialogue,debateand deliberations regarding changes tothe Town's sign code.I attempted toattendoneoftheopenhouses back in April,butasyou might recall,I arrived atthe closing minutes only to find the Community Center facility empty.Subsequently,I sentan email outlining myconcernsover expanding theuseof signage,particularly electronicmessageboards,bannersand A-Frame signs,throughoutour community. Fountain Hills isnotthe first master planned community I've worked with or lived in.In fact,asan adult,I've only lived inmasterplannedcommunities,andbefore moving to Arizona,I workedforarguablythebestmasterplanned communityinthecountry:The Woodlands,Texas.I am extensively familiar withtheuseofcovenants,deed restrictions, developmentstandards,and zoning ordinances in how theycanbeusedboth effectively and ineffectively at preserving character,protecting property valuesandenhancing viability. Itiscommonthatinthefinestmasterplannedcommunities,signplacement,use,typeand kind are narrowly defined andstrictlyenforced.Building,parkingandsignagedesign standards are potent elements increatingadesired community aesthetic because they are the largest visiblebuilt elements;andinour sparse desert,where there is often little vegetative ornative structure to compete with the built environment,the impact of those assets isevenmore important to analyze. I remain steadfastly Opposedto the proposed changestosign regulations in the Town'sZoningOrdinance.Over the course of the past several years,the Townandits elected and appointed officialshaveallowed the A-Frameand banner sign experiment to continue long after itsoriginaland amended timeframe,routinely extending the sunset clause. Neitherbymyobservationsnorthosewitnessedbythe Commission and Council haveweseena wiliness ofpartnership onbehalfof those whoseektoutilizeexpanded A-Frame and banner signallowances.Complianceremainsaproblem, andthis alone should provide great pause atany consideration for these expansions. Exhibit "E" I support the Commission's recommendation for increased penalties forsignviolations;it'sclear that with these continued,selfishviolations,there islittlerespectfortheTown,it's Zoning Ordinanceorourresidents,visitorsand other businesses. I donot support the expansionof A-Frame signs,including placement in the street rightofwayorplacement between 6 amand midnight.I supporttheuseof A-Frame signs inclose proximity tothebusiness itself;chalk-board A-Frames,for example,that announceaspecial purchasing opportunityprovideaquaint,comfyfeelwhile allowing pedestriansabrief glimpse intowhatthestore might offer.During this prolonged experiment,the signs I've seeninthe right ofwaycreate aclutteredview,overly compete witheachother,andprovideapotentialsafetyhazardbyimpedingtheviewat intersections.Notoncehave I visitedastoreinFountain Hills basedona A-Frame sign I've seen.As isobvious,since I donot support the expansion ofA-Framesigns,neither would I support a two-year sunset clause. Theexpansionof"event"banners asproposed nullify theuseof the descriptor "event"all together.I agreewithstaff anddonotsupporttheextension allowing bannerstobeerectedfor three daysperweek,everyweeknordo I support bannerusefor14dayspermonth.Indeed,banners create alookofclutter.Whenusedforspecific,short-term and nuancedoccasions,theymaybe appropriate.Abannerisnotan appropriate permanent sign.Asproposed,wherea bannercouldbeplacedforhalfayeareveryyear,itcertainlypromotesanearlypermanentplacement using aproduct that isn't intended as such. I agreewiththerecommendationsbystaffnottoallowcontractorstousebannersinsteadofhard signs.Again,thisisa classic element of what sets quality communities apart from average communities.Fountain Hills isnot,andshouldnot seek to become,an average community. I alsoagreewithstaff that anytypeofneonsignbedenied.Itisoutofkeepingwiththe Southwestern styleof commercial development encouraged in our Southwestern community.In addition,I further agree with staff that electronic message signs for commercial and industrial uses be denied. Taking anyof these amendments aloneisbadenough,butwhen considered cumulatively,these changespose significant harm not just to the visual aesthetic of our community,but to the valueof our residential and commercial properties. While working onalanduseplanforasimilar-sized community inTexas,ahighly property-rights driven state with pocketsof regulated communities,weheldfocus groups withlocal businesses tohelp define thevisionfor the community.One comment that will never leavemewasfroma representative ofa business that hadmultiple locations/storefronts throughout the country.He said that whenlookingfor placement oftheirnextbusinesslocation, they seek out the most stringently regulated communities they canfind,because they know when they investin their new location,that community's regulations will subsequently protect their investment. I encourage the Commission and Council toremain steadfast to the valueof the master plannedcommunity,resisting the recommended changes to the Zoning Ordinance.I have heard rumors from those that support the expansion of signage that these changes willhelpto fill the empty storefronts throughout our town;inmy experience,however, signage does not remedy the concerns we hear and observe in our community. Asafinal thought,please see the attached photo I took coming home frommy SPAC meeting lastnight.ThisA-Frame signhas been inmy neighborhood for several weeks now.Itisin place 24 hours aday,seven daysa week.Aswelook to invite more people and businesses to our community,I assure you,images such as these will not convince them to invest. Unfortunately,an event downtown at the Flinn Foundation prevents mefrom attending tonight's meeting.I hope that you might consider this submission part of the public comment youwill receive asyou continue consideration of this matter. Audra pgrtitftij^p?.^"3f!»<}'«^S Audra Koester Thomas Partners for Strategic Action,Inc. 13771 N.Fountain Hills Blvd.,Suite 114-360 Fountain Hills,Arizona 85268 p 480.816.1811 c f 480.816.1813 PSAplanning.com Note my new emailaddress:audra(8)psaplannina.com RedactRedact . DAKTRQNICS 20':..•'•.I -....:s Dr.-•_j.. SD 57l -512 t ..•-..- October 9,2012 Cityof Fountain Hills Attn:City Council and Planning Commission 16705 E Avenue of the Fountains Fountain Hills,AZ 85268 Re:Proposed Sign Code Comments To Whom It May Concern: We are writingto ask that you disregard staff's recommendation for denial of the allowance of electronic message signs,for commercial and industrial uses,within the proposed sign code that you are set to hear October 11. We feel that the benefits of such signs have to the community's business owners outweighs the concerns expressed bystaff.Additionally,wefeel staff has failedto recognize that such signs can be an aesthetic benefit to the community. Economic and Community Benefits First,electronic message signs bring many benefits to businesses choosing to install them.Infact,the U.S.Small Business Administration has estimated that businesses installing such signs have the potential to increase their business anywhere from 15 to 150 percent.That increased business leads to increased tax revenues that ultimately support the entire community. Current Allowances Furthermore,the city already permits schools and churches to have electronic message signs. Therefore,concerns that such signs will be out of place in the community can't be raised,as such signs are already permitted within the community.Picking winners and losers with regard towho gets to have this valuable medium of communication should have no role within an ordinance,and borders on viewpoint discrimination that has been found by many courts to be unconstitutional. Aesthetics Finally,city staff has expressed concerns that these signs would discourage architectural design of signage,as well as concerns about the aesthetic impact.These concerns are unfounded,as many communities are opening up their doors to the allowance of electronic message signs specifically to help with aesthetics. Electronic message signs can easily be designed with aesthetics in mind.The content can be developed tomimic the architectural features of the businesses atwhich they are placed.We included a picture below for your reference. DAKTRDNICS DAKTRDNICS -.•.PC Bo:-; Brookings,-512* tel SG0-325-7446 605-692 fa:-:SO5-692-0381 www.daktronics.:::\ Additionally,unlike manual changeable copy signs,currently permitted bycity ordinance,electronic message signs appear crisp,clean and new for years.Manual changeable copy signs grow cracked and yellowed,or the letters are often lost and become mismatched ina matter of months. If the citytrulywouldliketoimprove the appearance of the area,permitting electronic message signs is a positive step forward in doing so. As stated previously,please see the following picture as an example of an electronic message sign that has been designed so as to be architecturally integrated into the design of the sign and building where it's placed. Thank youfor taking the time to consider our request.Again,please approve amendments permitting electronic message signs for commercial and industrial uses. Please let me knowifyou have any questions or concerns. Best Regards, Terra Fisher State and Local Regulatory Affairs 605-692-0200 DAKTRDNICS Janice Baxter From:Janice Baxter [jbaxter@fh.az.gov] Sent:Wednesday,October 10,2012 1:45 PM To:Steven_harris@usa.net;Angela Strohan (P&Z);Gene Slechta (P&Z);Lloyd Pew (P&Z); Richard Turner (P&Z);Stan Connick (P&Z) 'Robert'Bob'Rodgers' Subject:FW:Sign Code Public Hearing and Recommendations Attachments:ISA ASA recommendations P&Z Fountain Hills 10-7-12.pdf FY I lichael Archambault (P&Z) Cc:'Ken Buchanan';Paul Mood From:Robert 'Bob'Rodgers l"mailto:rrodgers@fh.az.gov] Sent:Wednesday,October 10,2012 1:08 PM To:'Janice Baxter' Subject:FW:Sign Code Public Hearing and Recommendations Janice, Please forward this to the P&Z Commissioners. Thanks. Bob From:James Carpentier rmailto:James.Carpentier@siqns.orq] Sent:Wednesday,October 10,2012 12:28 PM To:lkavanagh@fh.az.gov;hleqer@fh.az.gov;dbrown(5)fh.az.qov;gdickev@fh.az.gov:telkie@fh.az.gov; chansen@fh.az.gov;cyates@fh.az.gov;pzc@fh.az.gov Cc:'Patti King';DavidHickey;frank@fountainhillschamber.com;'Robert 'Bob'Rodgers';'jbaxter@fh.az.gov' Subject:SignCodePublicHearing and Recommendations Dear Planning &Zoning Commission: On behalf of the Arizona sign Association and the International Sign Association I have attached some recommendations for the upcoming hearing on the sign code.Do not hesitate to contact me with any questions. Thank you for your consideration of our suggestions. Best Regards, James B Carpentier AICP State &Local Government Affairs Manager International Sign Association 1001 N.Fairfax Street,Suite 301 Alexandria,VA 22314 (703)836-4012 ext.132 Tel (480)773-3756 Cell (703)836-8353 Fax www.siRns.orR|www.siRnexpo.org james.carpentier(5)siRns.orR International Sign Association October 10,2012 Fountain Hills Planning &Zoning Commission 16705 E Avenue of the Fountains Fountain Hills,AZ 85268 Re:Proposed text amendment to Chapter 6,Sign Regulations of the Zoning Ordinance of the Town of Fountain Hills Dear Planning &Zoning Commission: I am contacting you on behalf of the Arizona Sign Association and the International Sign Association. Both Associations are actively involved insign legislation by assisting communities adopt reasonable and enforceable sign codes. We appreciated the recommendation included by the City Attorney to remove some content regulation in the sign code.We have a couple of other recommendations for your consideration.Although we have a number of concerns with the existing sign code the following we have the included the following suggestions.These recommendations will help to support the recent Town initiatives inreRardsto enhancing economic development in Fountain Hills. The following are our suggestions for the sign code: •The first recommendation deals with the purpose of the sign code.We believe significant purposes forasign code are to enhance commerce and to protect constitutionally protected speech. •We also have some specific recommendations for the Electronic Message Center (EMC)section that will ensure appropriate brightness of EMCs atnightand operational limitations.The EMC recommendations are similar to what the Committee recommended with additional clarifications.EMCs have proven to be the most cost effective method of advertising forsmall business. •We also have some specific recommendations for menu boards as the existing requirements are not reasonable. •Wealso are suggesting the inclusionofneonin the code.The town ofGilbertisan example where new neon in the downtown is very aesthetically done and adds to the economic vitality of the area. Ourspecific recommendations are attached for your review and consideration. www sion=i nrr*•info@signs ore 1001N Fairfax Street Suite 301*Alexandria.VA 22314 •(70318364012 TEL»(703)836-8353 FAX International Sign Association Donot hesitate to contact mewithany questions at 480-773-3756 or iames.carpentier(5>signs.org. Thankyouforyour consideration ofour recommendations James Carpentier AICP Manager of State &Local Government Affairs 480-773-3756 inrti m birfi*ctroot ctnita VII.Atoianriria VA 92314 •(703)836-4012 TEL*(703)S3&8353 FAX International Sign Association Section 6.01 Purpose TheRegulations set forthinthis chapter are intended to encourage attractive signageforbusinessesand services,optimizingtheavailabilityofinformation,while promoting the general welfarebycreating more aesthetically appealing community.To enhance and support commerce.To ensure that the constitutionally Ruaranteed right of free speech is protected. I.Signsnotspecifically authorized hereinare prohibited,including,butnotlimitedto the following: £-Noonsigns,except as permitted in subsection 6.08(P). N.Menu Boards orientated to the drive-thru lane for a business are allowed as follows: 1.Menu board signsshallbe counted asa portion of the total aggregate sign area. 2.One freestanding orwall mounted menu board isallowed per business. 3.Menu board must be located no less than forty-five (45)feet from any street property line. 4.Maximum area of twenty (20)square feet fifty(50)square feet. g,Maximum height of five (5)feet seven (7)feet? NeonSignsare allowed onlyas follows: 1.A neon sign docs notcounttoward the total aggregate allowanceofsign area forany business. 2.Limited tointerior window displayonly(maynotbe used on exterior ofbuilding. 3.The total amount of interior neon signage forany one business shallbesix(6)square 4. feet. No more than two (2)neonsignsshallbe allowed forany business. CC.ElectronicMessage Signs-Any signwith intermittent,scrollingorflashingillumination, includingelectronicmessage center signs.Suchsignsarepermittedin Commercial and Industrial zoningdistricts efrff,orchurchesorschoolsandfornonresidentialusesinresidentialdistricts subject to the following: 1.Signs must be on-site. 2.There shallbenomovingorflashingGreenorRed features whichcouldbe mistaken as traffic signals. 3.Intermittent Changes MessaRe Duration: a.Any changestothefaceorcopyofthesignmusthavea minimum of Eight (8) second internal between changes Such signs shall display static images only. Such static images shall hold on the display for a period of at least eight (8) seconds. b.Transitions from one static image to the next shall appear to be instantaneous without animation,flashing or the appearance of movement of anv kind Any changestothefaceorcopyofthesignmuststopat10:00p.m.,exceptfortime and temperature. i cianc nrd •infrwSsitfris ortf 1001N Fairfax Street Suite 301*Alexandria.VA22314 •(703)8364012 TEL*(703)8368353 FAX www <?ienq nrf»•infnfi^ipns ori? c. d. e. International Sign Association Such signs in residential zones shall be programmed to turn off or display a blank face After between 10:00 p.m.and 6:00 a.m the background must be darker than the text. All electronic message signs shall come equipped with automatic dimming technology which automatically adjusts the sign's brightness in direct correlation with ambient light conditions. No electronic message center shall exceed a brightness level of 0.3 foot candles above ambient light as measured using a foot candle (Lux)meter at a preset distance depending on sign area.The measurement distance shall be calculated with the following formula:The square root of the product of the sign area and one-hundred. Example using a 12 square foot sign: Measurement Distance =V(12 Sq.Ft.x 100)=34.6 1001N Fairfax Street Suite 301 •Alexandria.VA22314 •(703)8364012 TEL*(703)8368353 FAX Janice Baxter From:Janice Baxter Obaxter@fh.az.gov] Sent:Wednesday,October 10,2012 8:27 AM To:Angela Strohan (P&Z);Gene Slechta (P&Z);Lloyd Pew (P&Z);Michael Archambault (P&Z)- RichardTurner (P&Z);StanConnick (P&Z) Cc:'Ken Buchanan';'Robert 'Bob'Rodgers';Paul Mood Subject:FW:Letter Regarding ProposedSign Regulations FYI From:Robert 'Bob'Rodgers rmailto:rrodqers@fh.az.aov1 Sent:Wednesday,October 10,2012 8:18 AM To:'Janice Baxter' Cc:Paul Mood Subject:RE:LetterRegardingProposedSignRegulations Janice, Please forward to the P&Z Commission members. Thanks. Bob From:Terra Fisher rmailto:Terra.Flsher(ja)daktronics.com1 Sent:Wednesday,October 10,2012 7:16 AM To:lkavanaqh@fh.az.gov;hleger@fh.az.gov:dbrown@fh.az.aov:qdickev@fh.az.qov;telkie@fh.az.gov; chansen@fh.az.oov;cvates@fh.az.gov;pzc@fh.az.gov Cc:frank@fountainhillschamber.com Subject:LetterRegardingProposedSignRegulations Hello, I have attached a letter fromDaktronics regarding Fountain Hills'proposed sign ordinance that is set tobe heard tomorrow night(October11)atyourTownCouncil/PlanningCommissionjointsession. I hope youfind the attached letter beneficialin your consideration ofthis ordinance. Please letmeknowifyou have any questions. Best Regards, TtYYti ¥lS>V[tY State and Local Regulatory Affairs Daktronics Cell:605-691-1285 Fax:605-692-0381 NOTE:I no longer have an extension.Please callmycell. a Town of Fountain Hills Staff Report The Sign Ordinance Review Committee Elected Si Appointed Officials Local Businesses Cassie Hansen,Town Councilmember ShawnWhite,SternfefsSt White,PUC Dennis Brown,Town Councilmember Chamber of Commerce Cecil Yates,P&Z Commissioner Sherry Sledge,Bodyworks Gene Slechta,P&Z Commissioner ChrisPinna,CSIPrinting Ronie Sells,Spike's Treats Town Staff Joe Ohnsorg,Signtech Paul Mood,Development ServicesDirector MargySquires,TVH,Inc. Bob Rodgers,Senior Planner Jason Field,ChiefBuildingOfficial Other Attendees RoyJaffe,Code Enforcement Officer Bob Burns,The Times of Fountain Hills Janice Baxter,ExecutiveAssistant ¥ Recommendations Sign Ordinance Committee Recommends Approve as presented Staff Recommends forwarding a recommendation to Approveas Amended Zoning Ordinance -Chapter 6 Thesign regulations are designed to encourage the creation ofan attractive appearance throughout the town,while eliminating signs that may contribute to visual clutter. The regulations for signs have specific objectives: 1.To relied and supportthedesired character aid development patterns ofthevariouszoningdistricts. 2.Toallow(oradequateandeffectivesignsinallzoningdistricts while still providing reasonablelimits onthemagnitudeandextentofthe graph*communicationandto leep signs fromdominatingthe appearance ofthearea. 3.To distinguish between signsthatrequirevisibilityfrom automobiles and those thatare oriented to pedestrians. 4.Torequiredesignstandardsforlocation,construction,installation,andproper publk safetyand tiaffk safety arenot compromised. Exhibit "F" City/Town £-1 REQUEST TO SPEAK CARD Please submit this cardprior to the discussion ofthe item listed below. ,7 ,Meeting Date (0~^1 /2J Name/Phone No.T-PA-ft/t D^C^O (© Title/Organization Iamrepresenting(#ofpeople) f^YES,I wish to speak or D NO,I do not wish to speak,but have indicated my position:•FOR •AGAINST Comments: CALL TO THE PUBLIC PUBLIC HEARING ITEM NO. AGENDA ITEM NO. PLEASK PRINT 3^4-^>c~^r^o Thank you for participating in your Town government.Your comments are an important and valuable part ofthe process. Please fill out the comment card completely and turn it into the Clerk prior to the Council discussion ofthat Agenda item or priortothebeginning of themeeting. (Please see reverse for procedural information on addressing the Council) fi711/2017 REQUEST TO SPEAK CARD Please submit thiscard prior to the discussion ofthe item listed below. Meeting Date (Jl i I (cX C^sx&Jh&fName/Phone No.s '/\(A/^<> City/Town A^l X, Comments: Title/OrganJzation /Hy (j^U Afej£^^^representing (#'of people)J^S^6^ I—7—"~\Jh-4Zf YES,Iwish to speak or •NO,Ido not wish to speak,but have indicated my position:•FOR •AGAINST/j ^ •CALL TO THE PUBLIC •PUBLIC HEARING ITEM NO. •AGENDA ITEM NO. 3. YS2-—t S^y^^y^^r^^\v^M^.\^^1\ C_'lAA )f>A^TA Ky\ Thank you for participating in your Town government.Your comments are an important and valuable part of the process. Please fill out the comment card completely and turn it into the Clerk prior to the Council discussion ofthat Agenda item or prior to the beginning of the meeting.Exhibit "G" (Please see reverse for procedural information on addressing the Council) TOWN OF FOUNTAIN HILLS TOWN COUNCIL AGENDA ACTION FORM Meeting Date:11/1/2012 Meeting Type:Regular Session Agenda Type:Regular Submitting Department:Development Services Staff Contact Information:Robert Rodgers,Senior Planner (480)816-5138 rrodgers@fh.az.gov Strategic Values:Economic Vitality Council Goal:EV4 Promote quality businesses REQUEST TO COUNCIL (Agenda Language): PUBLICHEARINGofTEXT AMENDMENTS to the Zoning Ordinance to amend Chapters 12,16 and 18.If adopted,the amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts.The amendment would also eliminate the requirement that outdoor seating areas be fenced ifno alcohol is served and there are no public safety issues.ORD #12-05 CONSIDERATION ofTEXT AMENDMENTS to the Zoning Ordinance to amend Chapters 12,16 and 18.If adopted,the amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts.The amendment would also eliminate the requirement that outdoor seating areas be fenced ifno alcohol is served and there are no public safety issues.ORD #12-05 Applicant:The Town of Fountain Hills Applicant Contact Information:Planning &Zoning Division -Robert Rodgers,Senior Planner Property Location:N/A Related Ordinance,Policy or GuicHng Principle: Fountain Hills Zoning Ordinance Chapter 12-Section 12.02.B.1.t -Commercial Zoning Districts Fountain Hills Zoning Ordinance Chapter 12-Section 12.02.C.18 -Commercial Zoning Districts Fountain Hills Zoning Ordinance Chapter 12-Section 12.04.C -Commercial Zoning Districts Fountain Hills Zoning Ordinance Chapter 16-Lodging Zoning Districts Fountain Hills Zoning Ordinance Chapter 18 -Section 18.03.B.23 -Town Center Commercial Zoning District Staff Summary (background): Staff receives numerous inquiries from restaurants regarding whether or not they can create outdoor seating areas for their customers to use during the cooler months. Currently,the TCCD zoning district is the only district that permits NON-enclosed outdoor seating areas. Enclosed outdoor seating areas are permitted accessories in the C-2,C-3,L-1,L-2,and L-3 zoning districts, and enclosed outdoor seating areas are allowed by Special Use Permit in the C-C and C-1 zoning districts. The proposed text amendments will provide restaurants which are already permitted uses and located within any commercial or lodging zoning districts,with the option of creating on-site outdoor seating areas for their customers without the requirement that they obtain a Special Use Permit or that they necessarily have to enclose the patio area. Page 1of3 Restaurantsthatdonotserve alcohol will be provided the option ofnot installing afenceor similar barrier aroundtheiroutdoorseatingareas.Restaurants thatserve alcoholic beverages will alsohavethe option unless requiredto enclose theiroutdoor seating areas undertheir State Liquor Licenserequirements. Exceptions aremade in cases where public safety would becompromised.In such cases,the town will require theseatingareatobefencedorotherwiseprotected.Thissafety determination will bemade during the ConceptPlanapprovaland/orthe Building Permitprocess.Or,in cases wherenoapprovalsfor physical improvements are required,the Zoning Administrator will makethe determination administratively. ADA requirements wouldnotbe affected and would remain a requirement. Risk Analysis (options or alternatives with implications): Adoption oftheproposedordinance amendments will allow restaurants in commercial and lodging zoning districtsto create outdoorseatinganddining areas andtodosowithout enclosures whenappropriateand safe. Notadopting the amendments will maintain the current ordinance standards thatrequireall restaurants outside the TCCDzoningdistrictto enclose their outdoor patio areas regardless oflocationor whether alcoholic beverages are served.Restaurants intheC-CandC-1zoningdistrictswouldalsostillberequiredtoreceive Special Use Permits before creating such areas. Fiscal Impact (initial and ongoing costs;budget status):N/A Budget Reference (page number):N/A Funding Source:N/A If Multiple Fundsutilized,listhere:N/A Budgeted;ifNo,attach Budget Adjustment Form:N/A Recommendation(s)by Board(s)or Commission(s): The Planning &Zoning Commission voted toinitiatethis amendment at their May24,2012 regular meeting. The Commission also voted at their June 28,2012 meeting to recommend approval ofthis amendment. The Commission helda second Public Hearing on September 13,2012.At that hearing there was discussion regarding whether or not to exclude the C-C and/or the C-1 zoning districts from the requirement to fence their outdoor seating areas.The discussion was continued in order to have the full Commission present and voting. The Commission's continued discussion was held at their October 11,2012 meeting.That discussion resulted in the Commission voting5-2to forward the recommendation that the proposed text amendments relating to Outdoor Seating Areas inall commercial districts be approved with the exception that restaurants within the C- C and C-1 zoning districts must stillfollow the Special Use Permit process if they wishto have outdoor seating. Staff Recommendation(s): Staff disagrees with the Planning &Zoning Commission's proposed amendment to continue to require Special Use Permits for certain restaurants within the C-C and C-1 zoning districts.Staff feels this places an unequal burden on some existing restaurants as well as potentially restricting commercial growth within those zoning districts. Staff feels that the concerns expressed by the Planning &Zoning commission regarding noise,hours of operation,or other issues are more appropriately and efficiently handled through other ordinance and regulations already in place.Staff recommends the Town Council approve the proposed text amendments to Chapters 12,16 and 18 of the Zoning Ordinance relating to Outdoor Seating Areas inALL commercial and lodging zoning districts as presented. Paae2 of 3 List Attachment(s): Ordinance #12-05 P&Z Agenda and Meeting Minutes of 6/28/12 P&Z Meeting Minutes of 9/13/12 P&Z Meeting Minutes of 10/11/12 (DRAFT) Partial Zoning DistrictMap SUGGESTED MOTION (for Council use): Moveto approve the proposed text amendments to Chapters 12,16 and 18of the Zoning Ordinance relatingto restaurant Outdoor Seating Areas as recommended by staff. Prepared by: <Rg6ert tifpdjje 10/22/2012 Robert Rodger^^nior Planner 10/23/2012 Ken Buchanan,Town Manager 10/23/2012 Paee3oi'3 ORDINANCE NO.12-05 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE,CHAPTER 12 COMMERCIAL ZONING DISTRICTS,CHAPTER 16 LODGING ZONING DISTRICTS,AND CHAPTER 18 TOWN CENTER COMMERCIAL ZONING DISTRICT, RELATED TO OUTDOOR SEATING AREAS. WHEREAS,theMayorandCouncil of theTown of FountainHills(the"Town Council")adoptedOrdinanceNo.93-22,whichadoptedtheZoningOrdinancefortheTownof FountainHills(the "Zoning Ordinance");and WHEREAS,theTownCouncildesirestoamendtheZoningOrdinancetoreviseChapter 12 (Commercial Zoning Districts),Chapter 16 (Lodging Zoning Districts)and Chapter 18 (Town Center Commercial ZoningDistrict),(i)toallowrestaurantswithinthosedistrictstohaveoutdoor seatingareasand(ii)toclarifythatoutdoorseatingareasneednotbeenclosedifnoalcoholic beverages arc served;and WHEREAS,inaccordancewiththeZoningOrdinanceandpursuantto Ariz.Rev. Stat.§9-462.04,publichearingsregardingthisOrdinance were advertisedintheAugust22, 2012,August 29,2012,and October 17,2012 editions of the Fountain Hills Times;and WHEREAS,publichearingswereheldbytheFountainHillsPlanningandZoning CommissiononSeptember13,2012andOctober 11,2012,andbytheTownCouncilon November 1,2012. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1.Therecitalsabovearehereby incorporated asiffullysetforthherein. SECTION 2.TheZoningOrdinance,Chapter12(CommercialZoningDistricts), Subsection 12.02(C)(Permitted Uses,AdditionalUsesPermittedinC-2andC-3Zoning Districts)ishereby amended by modifying subsection 18 thereof,toreadasfollows: 18.Restaurants and cafes,including OUTDOOR enclosed patioS withor without cocktail lounges,provided that there isno entertainment or music audible off-site AND PROVIDED THAT ANY OUTDOOR PATIO WITH ALCOHOLIC BEVERAGE SERVICE MUST BE ENCLOSED AS REQUIRED BY ARIZONA REVISED STATUTES §4-207.01,AS AMENDED,EXCEPT FOR THE TIME DURING WHICH A CURRENT AND APPLICABLE BARRIER EXEMPTION,AS GRANTED BY THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL,ISIN PLACE FOR THE OUTDOOR PATIO. 1758780.6 SECTION 3.The Zoning Ordinance,Chapter 16 (Lodging Zoning Districts),Section 16.03 (Uses Subject to Special Use Permits in L-l,L-2 and L-3 Zoning Districts)is hereby amended by modifyingsubsection A thereof,toreadas follows: A.Restaurants andcafes,includingtheutilizationofanOUTDOORenclosedpatio withorwithoutalcoholicbeveragesales,providedthatthereisnoentertainment or music audible off-site AND PROVIDED THAT ANY OUTDOOR PATIO WITH ALCOHOLIC BEVERAGE SERVICE MUST BE ENCLOSED AS REQUIRED BYARIZONAREVISED STATUTES §4-207.01,AS AMENDED,EXCEPT FOR THE TIME DURING WHICH A CURRENT AND APPLICABLE BARRIER EXEMPTION,AS GRANTED BY THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL,ISIN PLACE FOR THE OUTDOOR PATIO,providing thefollowingcriteriaarcmet: SECTION4.TheZoningOrdinance,Chapter 18 (TownCenter Commercial Zoning District),Subsection 18.03(B)(Permitted Uses,Anyofthe Following Commercial Uses)is herebyamendedby modifying subsection 23thereof,toreadasfollows: 23.Outdoor seating areasfor restaurants,delicatessens,cafesorbarswithor without alcoholicbeverageservice,subjecttotheregulations of thisChapter 18 AND PROVIDED THAT ANY OUTDOOR PATIO WITH ALCOHOLIC BEVERAGE SERVICE MUST BE ENCLOSED AS REQUIRED BY ARIZONA REVISED STATUTES §4-207.01,AS AMENDED,EXCEPT FOR THE TIME DURING WHICH A CURRENT AND APPLICABLE BARRIER EXEMPTION,AS GRANTED BY THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL,ISIN PLACE FOR THE OUTDOOR PATIO. SECTION5.Ifanysection,subsection,sentence,clause,phraseorportion of this Ordinanceisforanyreasonheldtobeinvalidorunconstitutionalbythedecision of anycourt of competent jurisdiction,suchdecisionshallnotaffectthevalidity of theremainingportions of this Ordinance. SECTION 6.The Mayor,theTownManager,theTownClerkandtheTownAttorney arehereby authorized anddirectedto execute all documents andtakeallsteps necessary tocarry outthe purpose and intent of this Ordinance. [SIGNATURES ON FOLLOWING PAGE] 1758780.6 PASSED AND ADOPTED bytheMayorandCounciloftheTown of FountainHills, Arizona,November 1,2012. FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO: LindaM.Kavanagh,Mayor Bcvelyn J.Bender,Town Clerk REVIEWED BY:APPROVED AS TO FORM: KennethW.Buchanan,Town Manager AndrewJ.McGuire,TownAttorney I 758780.6 POST AGENDA REGULAR MEETING NOTICE OF THE PLANNING AND ZONING COMMISSION Commission Members: Chairman Lloyd Pew and Vice-Chairman[Opento Appointment} Commissioners:Angela Strohan,Richard Turner,Stan Connick,MikeArchambaultandEugeneSlechta Pursuant to A.R.S.38-431.02,notice is hereby given to the members of the Fountain Hills Planning and Zoning Commission andto the general public that the Fountain Hills Planning andZoning Commission willholda regular meeting,which isopentothegeneralpublic,onJune28,2012,at6:30p.m.inthe Town HallCouncil Chambers at16705 E.Avenue ofthe Fountains,FountainHills,Arizona. TIME:6:30 P.M.-REGULAR SESSION WHEN:THURSDAY,JUNE 28,2012 WHERE:TOWN HALL COUNCIL CHAMBERS 16705 E.AVENUE OF THE FOUNTAINS PROCEDURE FOR ADDRESSING THE PLANNING &ZONING COMMISSION Anyone wishingtospeakbeforethe Commission must fill outaspeaker'scardandsubmitittothe Commission Secretary priortoCommissiondiscussionofthatAgendaitem.SpeakerCardsarelocatedintheCouncilChamberLobbyand nearthe Secretary's positiononthedais. SpeakerswillbecalledintheorderinwhichthespeakercardswerereceivedeitherbytheSecretaryortheChairman.At thattime,speakersshouldstandandapproachthe podium.Speakersareaskedtostatetheirnamepriorto commenting andtodirecttheircommentstothePresidingOfficerandnottoindividualCommissionMembers.Speakers'statements shouldnotberepetitive.In orderto conduct an orderly business meeting,thePresiding Officer shall keep control of the meeting andshall require the speakers and audience to refrain from abusive or profane remarks,disruptive outbursts,applause,protestsorotherconductthat disrupts orinterfereswiththeorderlyconduct ofthebusiness ofthe meeting.Personal attacks on Commissioners,Town Council members,Town staffor members of thepublicarenot allowed.Pleasebe respectful when making your comments.Ifa speaker choosesnottospeak when called,the speaker willbedeemedtohavewaivedhisorher opportunity tospeakonthe matter.Speakersmaynot(i)reserveaportion of theirtimefor alatertimeor(ii)transferanyportion oftheirtimetoanotherspeaker. If there is a Public Hearing,please submit the speaker card to speak to that issue prior to the beginning of the Public Hearing and the Consideration of said issue. Individualspeakerswillbeallowed three contiguousminutestoaddresstheCommission.Timelimitsmaybewaivedby (i)discretion of the Chairman upon request bythe speaker notless than 24hourspriortoa Meeting,(ii)consensus of the Commission atMeetingor (Hi)theChairmaneitherpriortoorduringaMeeting.Ifyoudo not comply with these rules,you will be asked to leave. PlanningandZoningCommissionAgenda Page I of3 POST AGENDA REGULAR SESSION *CALL TO ORDER AND PLEDGE OF ALLEGIANCE -Chairman Lloyd Pew *MOMENTOF REFLECTION -Chairman LloydPew *ROLL CALL —ChairmanLloydPew Consideration of appointing a Vice-Chairman to replace Cecil Yates due to his appointment to the Town Council on June 7,2012.This appointment will begin on Thursday,June 28,2012,ending on Thursday, October 11,2012.Commissioner Angela Strohan was appointed to the position of Vice- Chairman to serve the remaining appointment [October 11,2012]replacing Cecil Yates,who was elected to Town Council. CALL TO THE PUBLIC Pursuant to A.R.S.§38-43 l-0l(G),public comment is permitted (not required)on matters not listed on the agenda.Any such comment (i)must be within the jurisdiction of the Commission and (ii)is subject to reasonable time,place,and manner restrictions.The Commission will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are property noticed for discussion and legal action.Atthe conclusion ofthecalltothe public. individualCommissionmembersmay (\)respondtocriticism,(ii)ask staff toreviewa matter or (Hi)askthatthe matter be placed on a future Commission agenda. (1)CONSIDERATION of APPROVING the Regular Session meeting minutes with the Planning and Zoning Commission on MAY 24,2012.APPROVED (2)PUBLIC HEARING of a TEXT AMENDMENT to amend Section 19.05 -Public Art Requirements of the Zoning Ordinance.If adopted,the amendment would revise the options for developer donations tothe Public Art Fund to require that such donations be made at the time of the Building Permit issuance rather than at the time of CertificateofOccupancyissuance.CaseNumber Z2012-02;Ordinance 2012-04.NO ACTION (3)CONSIDERATION ofaTEXT AMENDMENT to amend Section 19.05 -Public Art Requirements ofthe Zoning Ordinance.If adopted,the amendment would revise the options for developer donations tothe Public Art FundtorequirethatsuchdonationsbemadeatthetimeoftheBuildingPermitissuanceratherthanatthetimeof CertificateofOccupancyissuance.CaseNumber Z2012-02;Ordinance 2012-04.APPROVED AND FORWARDED TO TOWN COUNCIL. (4)PUBLIC HEARING ofaTEXT AMENDMENT to the Zoning Ordinance to amend Chapters 12,16.and 18.If adopted,the amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts.The amendment would also eliminate the requirement that outdoor seating areasbe fenced ifno alcohol is served andthereareno public safety issues.Case Number Z20I2- 04;Ordinance 2012-05.NO ACTION PlanningandZoning Commission Agenda Page 2of3 POST AGENDA (5)CONSIDERATION ofa TEXT AMENDMENT to the Zoning Ordinance to amend Chapters 12.16.and 18.If adopted,the amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts.The amendment would also eliminate the requirement that outdoor seating areas be fenced if no alcohol is served and there are no public safety issues.Case Number Z2012- 04;Ordinance 2012-05.APPROVED AND FORWARDED TO TOWN COUNCIL. (6)PUBLIC HEARING of TEXT AMENDMENTS to Chapters 2.5.9 10.11.15.and 18 of the Zoning Ordinance. If adopted,the amendments would revise the zoning regulations relating to Temporary Use Permits to amend, eliminate,and/or redefine these sections in order to streamline processes and eliminate unnecessary bureaucracy or duplicative permits.CaseNumber Z2012-03;Ordinance 2012-06.NO ACTION (7)CONSIDERATION of TEXT AMENDMENTS to Chapters 2.5.9,10.11.15.and 18 of the Zoning Ordinance. If adopted,the amendments would revise the zoning regulations relating to Temporary Use Permits to amend, eliminate,and/or redefine these sections in order to streamline processes and eliminate unnecessary bureaucracy or duplicative permits.CaseNumber Z2012-03;Ordinance 2012-06.APPROVED AND FORWARDED TO TOWN COUNCIL. (8)COMMISSION DISCUSSION/REQUEST FOR RESEARCH tostaff. Items listed below are related only to the propriety of (i)placing such items on a future agenda for action or (ii) directing staffto conduct further research and report back tothe commission:NONE (9)SUMMARYOF COMMISSION REQUESTSfromSenior Planner.NONE (10)REPORT from Senior Planner,Planning and Zoning Division of Development Services.NO ACTION (11)ADJOURNMENT®7:14 P.M. Supporting documentation and staffreports furnished to the Commission with this agenda are available for review in the Planning &Zoning Division ofthe Development Services Department. DATED this I8lhday ofJune 2012 By: Robeyt Rodgers,Senior Planner Planning and Zoning Division The Town of Fountain Hills endeavors tomakeall public meetings accessible to persons with disabilities.Pleasecall 837-2003 (voice)or l-800-367-8939 (TDD)48 hours prior to the meeting to request reasonable accommodations to participate in this meeting. A majority of the Council Members maybein attendance.Noofficial action willbe taken. Notice ishereby given thatpursuantto A.R.S.§l-602.A.9,subject to certain specified statutory exceptions,parents have a right to consent before the State oranyofits political subdivisions make a video or audio recording ofa minor child.Meetings ofthe Town Council are audio and/or video recorded,and,asa result,proceedings in which children are present may be subject to such recording. Parents inorderto exercise theirrightsmayeitherfile written consent with theTownClerktosuch recording,ortake personal action to ensure thattheirchildor children arenot present whena recording maybe made.Ifachildispresentatthe time a recording is made,theTown will assumethattherightsaffordedparentspursuanttoA.R.S.§I -602.A.9 havebeenwaived." PlanningandZoningCommission Agenda Page3of3 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING &ZONING COMMISSION JUNE 28,2012 Chairman Lloyd Pew opened the session of the Planning and Zoning Commission at 6:30 p.m. The following Commissioners were present:Chairman Lloyd Pew,Commissioners Stan Connick,Angela Strohan,Richard Turner and Gene Slechta,[and oneopen Commissioner's seat].Also in attendance were Paul Mood,Director of Development Services,Robert Rodgers Senior Planner,andJaniceBaxter Executive AssistantandRecorder of the Minutes. Commissioner Michael Archambault was unable toattendthemeetingduetoa health issueand he notified staff in advance. Chairman LloydPew requested participation inthe Pledge of Allegianceandamoment of silent reflection. ROLL CALL: Chairman LloydPew present CommissionerStan Connick present Commissioner Mike Archambault absent Commissioner Angela Strohan present Commissioner RichardTurner present Commissioner Gene Slechta present Chairman LloydPew nominated Commissioner Angela Strohan for the remainder of Cecil Yate's term as Planning and Zoning Vice-Chairman. Commissioner Richard Turner SECONDED the NOMINATION and a voice vote was taken. Commissioner Strohan was unanimously approved and Commissioner Angela Strohan was appointed tothe position of vice-chairman.Vice-Chairman Strohan's term will begin on Thursday,June 28,2012 andexpireon Thursday,October 11,2012. CALL TO THE PUBLIC Noonewishedtospeak. REGULAR AGENDA AGENDA ITEM #1 -CONSIDERATION of APPROVING the Regular Session meeting minutes of thePlanningand Zoning Commission fromThursday,MAY 24,2012* Commissioner StanConnickMOVEDtoAPPROVEthe regular sessionmeetingminutes for the Planning and Zoning Commission dated May 24,2012.Commissioner Gene Slechta Page I of7 SECONDED.Arollcallwastakenandthe MOTION CARRIED (3ayesand2 abstained),by those present CommissionerRichardTurner aye Chairman LloydPew aye CommissionerStan Connick aye Commissioner Angela Strohan abstained Commissioner Gene Slechta abstained AGENDA ITEM #2 -PUBLIC HEARING of a TEXT AMENDMENT to amend Section 19.05 -Public ArtRequirements of theZoning Ordinance.If adopted,theamendmentwould revise theoptionsfordeveloper donations tothe Public Art Fund to require thatsuch donations bemadeatthetime of theBuilding Permit issuance rather thanatthetime of Certificate of Occupancy issuance.CaseNumber Z2012-02;Ordinance 2012-04. Senior Planner RobertRodgersgavethe presentation.Mr.Rodgersexplainedthat currently Public Art contributions aremadeatthetime of Occupancy Permit approval for Commercial, Industrial,or Multi-Family development projects and thishas proven tobe problematic for the BuildingSafetyDivisionoverthe past few years.Mr.Rodgerscontinuedtostatethaton occasion,BuildingDivisionstaff has had tohold back Certificates of Occupancy aftera building had been constructed due (o the applicant's not having metthepublicart requirement. Additionally,this requirement has occasionally slipped through the cracks and Certificates of Occupancy havebeenissuedin error due tothe current permit tracking software's inability to flag thisrequirementinthesystem. Mr.Rodgers added that as the responsibility for collecting the public art donations rests with the Building Safety Division,they have requested that the ordinance be amended to require that the donations bemadeathetimethe Building Permit is issued. The Planning andZoning Commission voted to initiate this proposed zoning amendment at their May 24,2012,regularmeeting. Staff recommended thatthe Planning and ZoningCommissionvoteto forward a recommendation totheTown Council to approve the proposed Public Artzoning ordinance text amendment. Public Hearing Openedat6:35p.m. Noone from thepublic requested tospeak. PublicHearing Closed at6:35p.m. AGENDA ITEM #3 -CONSIDERATION of a TEXT AMENDMENT to amend Section 19.05 -Public Art Requirements of the Zoning Ordinance.If adopted,the amendment would revise the options for developer donations to the Public Art Fund to require that such donations Page2 of7 be made ul ihe limc of theBuildingPcnnit issiinncc ratherthanatthelime of Certificateof Occupancy issuance.Case Number Z20I2-02:Ordinance 20!2-04. The Commission discussed in length the issue of refunding monies collected at the time ofan issued permit andwhat happened ifthe project did not complete. CommissionerRichardTurner,Vice-Chairman Strohan.Commissioner SumConnickand Chairman Pew supported collecting the monies at the lime of issuance of the building permit,but all fell thai if ihe project,forwhateverreasondidnot finalize ihe art monies should be refunded in full 10 theapplicant. Commission Gene Slechta supported completely the proposal by staff. CommissionerStanConnickmadeaMOTIONto forward arecommendationto Ihe Town Council thai funds would be collected at the lime of permit issuance,but not released for use until the time of issuance ofa project Certificate of Occupancy.Art monies would then be released.Additionally,ifa project was not kept active,ihe art monies would be refunded to the applicantoftheproject.Commissioner Richard Turner SECOND!-'.!)andthe MOTION was approved 5-0.bythosepresent. AGENDA ITEM U4 -PUBLIC HEARING'ofa TEXT AMENDMENT to the Zoning Ordinance to amend Chapters 12.16.and 18.If adopted,the amendments would revise the pcnnitlcd use sections to allow all restaurants to have outdoor sealing areas in commercial or lodging zoning districts.The amendment would also eliminate the requirement thai outdoor sealing areas be fenced ifno alcohol isserved and there are no public salcly issues.Case Number £2012-04; Ordinance 2012-05. Senior Planner RobertRodgers gave the presentation.Mr.Rodgers slated thatstaffhad received numerous inquiries from restaurants regarding whether or not they could create outdoor seating areas for their customers lc>use during the cooler months.Mr.Rodgers explained that currently, theTCCDzoning district is the only district that permits NON-cncioscd outdoorseatingareas. Mr.Rodgers pointed outthatstaff was proposing that ;ill restaurants located within any commercial or lodging zoning districts have the option of creating on-site outdoor seating areas for their customers without the requirement that they obtain a Special Use Permit or that they necessarily have toenclosethepatioarea. Mr.Rodgersnotedthatrestaurantsthatdonotservealcoholwouldhave the optionofnot installingafenceor similar barrieraroundtheiroutdoor seating aieas and restaurants thatserved alcoholicbeverageswouldstillberequiredtoenclosetheiroutdoorseatingareasundertheStale Liquor License requirements. Exceptionswouldbemadeincaseswherepublic safely would be compromised andinthose cases thetown would requirethe sealing areatobe fenced orotherwiseprotected.Mr.Rodgers commented thata safely determination wouldbemade either administratively or.during Concept Planreviewand/orthe building permit process.Mr.Rodgersadded :hat wherenoapprovalsfor f'a»e 3 of 7 physical improvements were required,the Zoning Administrator would make a determination administratively and ADA requirements would not be affected and would remain a requirement. Siaff recommended that the Planning and Zoning Commission votelo forward the recommendation lo ihe Town Council lo approve the proposed text amendments to Chapters 12. 16.and IS oftheZoning Ordinance relating to outdoor seating areas. Public Hearing Openedat6:52p.m. OnespeakercardwasreceivedfromTown Councilmembcr CecilYates.Councilmcmbcr Yates slated thai he felt thisproposed amendment wasa good idea. No one elsefromthepublicwishedtospeak. PublicHearingClosedat6:54p.m. AGENDA ITEM #5 -CONSIDERATIONofaTEXTAMENDMENTtothe Zoning Ordinance toamendChapters 12.16.and 18.If adopted,theamendmentswouldrevise ihe permitted use sections loallow all restauranls lo have outdoor seatingareasin commercial or lodging zoning districts.The amendment would also eliminate the requirement thai outdoor sealingareasbe fenced ifno alcohol is served and there arenopublicsafetyissues.Case Number Z2012-04;Ordinance 2012-05. Commissioner GeneSlechtastatedthathis objections were centeredonthe removing of the specialusepermitrequirementforzoningdistrictsC-CandC-1.CommissionerSlechtapointed outthatthesestwodistrictsweredifferentthantheothercommercialzoningdistrictssincethey serveasurroundingresidential neighborhood,asdefinedin the ZoningOrdinance.Healso pointed outthat ihe specialuse permits requirement givesnearbyresidents the opportunity to providefeedbackto the Townconcerningpossiblenoiseconcerns.Mr.Rodgersstaledthatin Fountain Mills hedidnotknowofany commercial district that didnothaveadjacentresidential properties.Commissioner Slechta slated out that he was in support of the proposed outdoor seatingforreslaurantsbutdidnot support the discontinuing of thespecialusepermit process. Mr.Rodgerspointedout thai staffwastryingtotreatallrestaurantsthesame when itcameto litis issue. Commissioner StanConnick slated his support since the amendment language slated thatno audibleentertainment outside wasallowed.Mr.Rodgerspointedout (hal thislanguagehasbeen inpreviouslyandwould not change. CommissionerRichardTurner slated thai thiswasagood idea butbusinessesmayneed monitoring sothatthe business community respected staffs recommendation. Commissioner Richard Turner madea MOTION to APPROVE the proposed textamendments toChapters 12.16.and 18 of theZoningOrdinancerelatingtooutdoorsealingareas,as presented.Vice-Chairman Angela Strohan "SECONDED and the MOTTON passed 4-1,with Commission Gene Slechia votinu nav. Page l of7 AGENDA ITEM #6 -PUBLIC HEARING of TEXT AMENDMENTS to Chapters 2.5.9. 10.11.15.and 18 of theZoning Ordinance.If adopted,theamendmentswouldrevisethezoning regulations relating to Temporary Use Permits to amend,eliminate,and/or redefine these sections in order to streamline processes and eliminate unnecessary bureaucracy or duplicative permits.CaseNumber Z2012-03;Ordinance 2012-06. Senior Planner Robert Rodgersgavethe presentation.Mr.Rodgers explainedthatthe temporary usepermit regulations currently reside inseven chapters of thezoning ordinance and occasionally duplicated anumber of other permit requirements.Mr.Rodgers added that sometimestheseregulations create unnecessary andtime-consuming procedures*SeeExhibit "B"for list of sections inthezoning ordinance affected. Mr.Rodgers notedthatthe Planning and Zoning Commission votedto initiate this amendment at theirMay 24,2012,regular meeting. Staff recommended thatthe Planning andZoningCommissionvoteto forward a recommendation totheTownCounciltoapprovetheamendmentstotheZoning Ordinance, Chapters 2.5.9.10.11.15.and 18 asthey relate to temporary usepermits. Public Hearing Openedat7:07p.m. Noone from thepublic requested to speak. Public Hearing Closedat7:07p.m. AGENDA ITEM #7 -CONSIDERATION of TEXT AMENDMENTS to Chapters 2.5.9. 10.11.IS.and 18 oftheZoning Ordinance.If adopted,theamendmentswouldrevisethezoning regulations relating toTemporaryUse Permits toamend,eliminate,and/or redefinethese sections in order to streamline processes and eliminate unnecessary bureaucracy or duplicative permits.CaseNumber Z2012-03;Ordinance 2012-06. Commissioner Richard Turner expressed disagreement with not posting the property involved as currently required inthe temporary use permit process.Commissioner Turner also questioned switching land useactivitiessubjecttoa special events permit,whichwasalso found inthe Town Code. Commissioner GeneSlechtaspokein support of this proposal becauseitwould simplify time and savethebusiness community temporaryusepermit fees. Chairman LloydPewspokeinsupportsinceit appeared tobeamostlyhousekeeping process. ChairmanLloydPew MOVED to APPROVE theproposed text amendments toChapters2.5. 9.10.II.15.and18 of thezoning ordinance.CommissionerGeneSlechta SECONDED the MOTION.A voice votewas taken and the MOTION passed 4-1,with Commissioner Richard Turnercastingthenayvote. Page5 of7 CommissionerStanConnick aye CommissionerGeneSlechta aye Vice-Chairman Angela Strohan aye Chairman LloydPew aye Commissioner Richard Turner nay AGENDA ITEM #8-COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.Itemslistedbeloware related onlytothe propriety of (i)placing suchitemsona future agenda for action or(it)directing staffto conduct further research and report backtothe commission. NONE AGENDA ITEM tf-9-SUMMARY OF COMMISSION REQUEST fromSenior Planner. NONE AGENDA ITEM #10-REPORT from Senior Planner,Planning andZoningDivision of Development Services. Robert Rodgers congratulated Vice-Chairman Angela Strohan onher appointment.Mr.Rodgers pointed outthatfour of our current Commissioner's appointments willexpireon September 30, 2012.Mr.Rodgers encouraged all those interested in re-appointment;return their applications to Janice beforeMonday,August20,2012.TheTown Council Subcommitteewouldalsobe recommending an appointment to fill the vacancy ofCecilYates. CommissionerGeneSlechta congratulated Town Councilmember Yatesonhiselectedseaton theCouncilandalsothankedhimforhis hard work during histermasa Planning andZoning Commissioner and vice-chairman. AGENDA ITEM #11 -ADJOURNMENT. CommissionerStanConnick MOVED to adjourn and Commissioner GeneSlechta SECONDED and theMOTIONCARRIED (5-0).by those present. Chairman LloydPew aye Vice-ChairmanAngelaStrohan aye Commissioner Stan Connick aye Commissioner Richard Turner aye Commissioner Gene Slechta aye The regular meeting ADJOURNED at 7:14 p.m. Page6 of 7 REGULARMEETINGNOTICE OFTHE PLANNINGANDZONINGCOMMISSION (onnnissionMembers: ChairmanLloydPewandIice-Chairman.inge/aStrohan Commissioners:RichardTurner,StanConnick,MikeArchambaultandEugeneSlechta j^^^l^l^r^SSSas^aS2iJrffr^?rral-t'-—'••••••mm••••irranmiin11——iwiisaaaaa^ PursuanttoA.R.S.38-431.02,noticeisherebygiventothemembersoftheFountainIfillsPlanningandZoning ('ominissionaudiothegeneralpublicthattheFountainHillsPlanningandZoningCommissionwillholdaregular meeting,whichisopentothegeneralpublic,onSeptember13,2"!2.at6:30p.m.intheTownHull('owicll('liamhersat 16705!i.AvenueofiheFountains,FountainHills,Arizona. TIME:6:30P.M.-REGULARSESSION WHEN:THURSDAY,"SEPTEMBER13.2012 WHERE:TOWNIIALLCOUNCILCIIAMBFILS 16705E.AVENUEOKTill'.FOUNTAINS PROCEDUREFORADDRESSINGTHEPLANNING&ZONINGCOMMISSION AnyonewishingtospeakbeforetheCommissionmustfillomaspeaker'scardandsubmitittotheCommissionSecretary priortoCommissiondiscussionofthaiAgendaitem.SpeakerCardsarelocatedintheCouncilChamberLobbyand neartheSecretary'spositiononthedais. SneakerswillbecalledintheorderinwhichthespeakercardswerereceivedeitherbytheSecretaryortheChairman.At thattime,speakersshouldstandandapproachthepodium.Speakersareaskedtostatetheirnamepriortocommenting and\odirecttheircommentstothePresidingOfficerandnottoindividualCommissionMembers.Speakers'statements shouldnotberepetitive.///order(aconductanorderlybusinessmeeting,thePresidingOfficershallkeencontrolof themeetingandshallrequirethespeakersandaudiencetorefrainfromabusiveorprofaneremarks,disruptive outbursts,applause,protestsorotherconductthatdisruptsorinterfereswiththeorderlyconductofthebusinessofthe meeting.PersonalattacksonCommissioners,TownCouncilmen/hers,'/'ownstafformembersofthepublicarenot allowed.Pleaseberespectfulwhenmakingyourcomments.IJaspeakerchoosesnotlospeakwhencalled,thespeaker willbedeemedtohavewaivedhisorheropportunitytospeakonthemutter.Speakersmaynottiireserveaportionof theirtimeforaLitertimeortii)transferanyportionoftheirtimetoanotherspeaker. Ii'thereisaPublicHearing,pleasesubmitthespeakercardtospeaklothatissuepriortothebeginningofthePublic HearingandtheConsiderationofsaidissue. Individualspeakerswillheallowedthreecontiguousminute-,toaddresstheCommission.Timelimitsmayhewaivedby (i)discretionofthe('hairmanuponrequestbythespeakernotlessthan.:•!hourspriortoaMeeting,(ii)consensusof theCommission,uMeetingorliiiidie('hairmaneitherpriortoorduringaMeeting.Ifyoudonotcomplywiththese rules,youwillheaskedtoleave. Planning;uuiZoning('ommissionAgenda l»aue!ul.: REGULAR SESSION *CALLTO ORDER AND PLEDGE OF ALLEGIANCE -Chairman Lloyd Pew *MOMENTOFREFLECTION-Chairman Lloyd Pew *ROLL CALL —ChairmanLloydPew CALL TO THE PUBLIC Pursuant to A.R.S.§38-431-01(G),public comment is permitted (not required)on matters not listed on the agenda.Any such comment (i)must be within the jurisdiction of the Commission and (ii)is subject to reasonable time,place,and manner restrictions.The Commission will not discuss or take legal action on matters raised during "Call to the Public" unless the matters are property noticed for discussion and legal action.Attheconclusion of the call tothe public. individualCommission members may (i)respondtocriticism,(ii)ask staff toreviewamatteror(in)ask thatthe matter be placed on a future Commission agenda. (1)CONSIDERATION of APPROVING the Regular Session meeting minutes with the Planning and Zoning Commissionon July 12,2012. (2)PUBLIC HEARING ofa TEXT AMENDMENT to amend Section 19.05 -Public Art Requirements of the Zoning Ordinance.If adopted,the amendment would revise the options for developer donations to the Public Art Fund to require that such donations be made at the time of the Building Permit issuance rather than at the time of Certificate of Occupancyissuance.CaseNumber 2012-02;Ordinance Number 2012-04. (3)CONSIDERATION ofa TEXT AMENDMENT toamendSection 19.05 -PublicArtRequirementsofthe Zoning Ordinance.If adopted,the amendment would revise the options for developer donations to the Public Art Fund to require that such donations be made atthe time ofthe Building Permit issuance rather than atthe time of CertificateofOccupancyissuance.CaseNumber 2012-02;OrdinanceNumber 2012-04. (4)PUBLIC HEARING of TEXTAMENDMENTS tothe Zoning Ordinance to amend Chapters 12.16.and 18.If adopted,the amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts.The amendment would also eliminate the requirement that outdoor seating areas be fenced ifno alcohol is served and there areno public safety issues.Case Number Z2012- 04;Ordinance Number 2012-05. (5)CONSIDERATION of TEXT AMENDMENTS tothe Zoning Ordinance to amend Chapters 12.16.and 18.If adopted,the amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts.The amendment would also eliminate the requirement that outdoor seating areasbe fenced ifno alcohol is served and there arenopublicsafety issues.Case Number Z2012- 04;Ordinance Number 2012-05. (6)PUBLIC HEARING of TEXT AMENDMENTS to Chapters 2.5.9.10.11.15.and 18 ofthe Zoning Ordinance. If adopted,the amendments would revise the zoning regulations relating to Temporary Use Permits to amend, eliminate,and/or redefine these sections in order to streamline processes and eliminate unnecessary bureaucracy or duplicativepermits.CaseNumber Z2012-03;OrdinanceNumber 2012-06. Planning andZoning Commission Agenda Page 2 of 3 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING &ZONING COMMISSION SEPTEMBER 13,2012 Chairman Lloyd Pew opened the session of the Planning and Zoning Commission at 6:30 p.m. The following Commissioners were present:Chairman Lloyd Pew,Vice-Chairman Angela Strohan,Commissioners Richard Turner and Gene Slechta,[and one open Commissioner's seat]. Also in attendance wereRobert Rodgers Senior Planner,andJaniceBaxter Executive Assistant andRecorder of theMinutes.CommissionerMikeArchambaultcouldnotattendduetoa family illness and Commissioner Stan Connick was not able to attend due to other obligations. Commissioner Archambault and Commissioner StanConnickwereunabletocontact staff in advance. Chairman Lloyd Pew requested participation in the Pledge of Allegiance and a moment of silent reflection. ROLL CALL: ChairmanLloydPew present Commissioner AngelaStrohan present Commissioner Richard Turner present Commissioner Gene Slechta present Commissioner Stan Connick absent Commissioner Mike Archambault absent OneOpenSeat CALL TO THE PUBLIC Noonewishedtospeak. REGULAR AGENDA AGENDA ITEM #1-CONSIDERATION of APPROVING theRegularSessionmeeting minutes of thePlanningandZoningCommissionfromThursday,July 12,2012. Vice-ChairmanAngelaStrohan MOVED to APPROVE theregularsessionmeetingminutesfor the Planning and Zoning Commission dated July 12,2012.Commissioner Gene Slechta SECONDED.Arollcallwastakenandthe MOTION CARRIED 4-0,bythosepresent. Commissioner Richard Turner aye Chairman LloydPew aye Commissioner Angela Strohan aye Page1 of 9 Commissioner Gene Slechta aye AGENDA ITEM #2 -PUBLIC HEARING of a TEXT AMENDMENT to amend Section 19.05-PublicArt Requirements of theZoningOrdinance.If adopted,the amendment would revisetheoptionsfordeveloperdonationstothePublicArtFundtorequirethatsuch donations bemadeatthetime of theBuildingPermitissuanceratherthanatthetime of Certificate of Occupancyissuance.CaseNumber 2012-02;Ordinance 2012-04. Robert Rodgers SeniorPlannergavethe presentation andpointedoutthatthiswasthesecond timetheCommissionhadbeenpresentedwiththisordinance.Mr.Rodgersexplainedthatthis ordinance amendmentwasproposedduetoa request from theBuildingSafetyDivisionwhois responsible forthe initial collection ofthe public art fee.Mr.Rodgers added thatthe public art contributionsweremadeatthetime of occupancypermitapprovalforcommercial,industrial,or multi-family development projects.Hestressedthatstaffhashadtoholdback certificates of occupancy aftera building hadbeen constructed duetotheapplicant'snot having metthe public art requirement andthattenantswere occasionally allowedtooccupycompletedspacesbythe property owners beforethe certificate of occupancy was issued.Staffhas expressed thatthis requirement has occasionally slipped through the cracks and certificates of occupancy have been issued inerrorduetothecurrentpermit tracking software'sinabilitytoflagthis requirement in the system. Mr.Rodgers stated thatifthis amendment was approved,the administrative process would be similar tothecurrent process except thatthe collecting oftheartfeewouldoccuratthe beginning rather than atthe end.Mr.Rodgers pointed outthatatthe request of the Commission in the previous public hearing;a mechanism had been included to allow for reimbursement of any donated funds or artwork in the event of the project's failure to begin construction for some reason.Atthe May 24,2012,regular meeting,the Commission initiated this proposed zoning amendmentandvotedattheirJune28,2012,publichearingtorecommendapprovalsubjectto includingarefund provision. Staff recommended thatthe Planning and Zoning Commission forward a recommendation tothe Town Council to approve the public art zoning ordinance text amendment,as presented. PublicHearingOpenedat6:34p.m. Noonewishedtospeakonthisamendment. PublicHearingClosedat6:34p.m. AGENDA ITEM #3-CONSIDERATION of a TEXT AMENDMENT to amend Section 19.05-PublicArt Requirements oftheZoning Ordinance.Ifadopted,the amendment would revise the options for developer donations to the Public Art Fund to require that such donations be made atthe time ofthe Building Permit issuance rather than atthe time of Certificate of Occupancy issuance.Case Number 2012-02;Ordinance 2012-04. Page2 of9 Chairman Lloyd Pew asked for questions or discussions fromthe Commissioners.Noone requested tospeak. Chairman LloydPew made a MOTION toforwarda recommendation tothe Town Council to APPROVE thetext amendments tothe Zoning Ordinance,as presented and Commissioner Richard Turner SECONDED.The MOTION passed 4-0,by those present. AGENDA ITEM #4-PUBLIC HEARING of a TEXT AMENDMENTS of theZoning OrdinancetoamendChapters12.16.and 18.Ifadopted,the amendments wouldrevisethe permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodgingzoningdistricts.The amendment wouldalso eliminate the requirement that outdoor seating areas befenced if no alcohol is served andthereareno public safety issues.Case Number Z2012-04;Ordinance 2012-05. RobertRodgers,Senior Planner gavethe presentation andpointedoutthatthiswasthesecond timethe commission waspresentedwiththisordinance amendment.Mr.Rodgerspointedout that staff hadreceivedalot of inquiriesfromlocalrestaurantsaboutthepossibility of creating outdoorseatingareasfortheircustomerstouseduringthe cooler months.Mr.Rodgers explained that currently the TCCD zoning district wasthe only district that permitted non- enclosed outdoor seating areas.Mr.Rodgers addedthatthis ordinance amendment would allow restaurantsinany commercial orlodgingdistricttocreateon-site outdoor seating areaswithout requiringthebusinessto enclose thepatioorthattheyobtainaspecialusepermit.Mr.Rodgers expressed thatthe amendment wouldalso apply to restaurants that serve alcoholic beverages subjecttothe business'stateliquorlicensealsoallowingthemtonot enclose their outdoor seatingarea.Incaseswherepublicsafetymightbe compromised;thetownwouldrequirethe seatingareatobefencedor somehow beprotected.Mr.Rodgersnotedthatthiswastheonly changefromthe previously presented proposal. Mr.Rodgers explained thatthepublicsafety determination wouldbemade administratively or duringtheconceptplanapproval/buildingpermitprocess.Mr.RodgersmentionedthatADA access requirements wouldnotbeaffected. Staff recommended thatthe Planning andZoning Commission forwarda recommendation tothe TownCouncilto approve the outdoor seatingareazoning ordinance text amendment,as presented. Public Hearing Opened at 6:37 p.m. Noone requested to speak. Public Hearing Closed at 6:37 p.m. Page3 of 9 AGENDA ITEM #5 -CONSIDERATION of a TEXT AMENDMENTS tothe Zoning Ordinance toamendChapters12.16.and 18.Ifadopted,theamendmentswouldrevisethe permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts.The amendment would also eliminate the requirement that outdoor seating areas be fenced ifno alcohol is served and there are no public safety issues.Case Number Z2012-04;Ordinance 2012-05. Chairman Lloyd Pew asked for questions or comments from the Commissioners. Commissioner Richard Turner asked how staff wouldknow which restaurants were creating outdoor seating without thepermit process.Robert Rodgers answered that restaurant owners would still be required to submit a proposal for staff to review over the counter and either approve or give recommendations on outdoor seating.Commissioner Turner was concerned about parking issues being created due to the placement of tables.Mr.Rodgers stressed that parking and ADA issues would be addressed through this process. Commissioner Gene Slechta supported the changes in fencing requirements,but reiterated his objection that this proposed process would eliminate the ability for neighboring resident to express their concerns due to the lack of public hearings that are now available to address these concerns.CommissionerSlechtaaddedthatthereweretwozoningdistrictdescriptionswithtwo sentences not found in the others that stated; 1.Provideforservicestothe community thatdidnotinterferewiththeintegrityofthe surroundingneighborhood. 2.Particular attention isto be paid to the interface between commercial and professional usesandresidentialuseswithinthesameneighborhood. Commissioner SlechtaaddedthatCCand C-1 nowrequireSpecialUsePermitsforoutdoor seating because they were so closely aligned by residential neighborhoods.He stated that it was not unreasonable toallowthe surrounding neighborhoods tohavethe opportunity to weigh in throughaSpecialUse Permit process. Commissioner Gene Slechta requested to amend the proposed amendment to retain the original zoning ordinance language and require a Special Use Permit in the CC and C-1 commercial zoning districts. Commissioner RichardTurneraskedstaff,whichwerethemost neighborhood compatible zoning districts.Mr.Rodgers answered that it was probably the CC zoning district because C-1, C-2,C-3 were more dense.Commissioner Turner stated he agreed with Commissioner Slechta. Commissioner GeneSlechtamadeaMOTIONtoamendtheproposaltocontinuetoretainthe Special Use requirement in the CC and C-1 zoning districts for outside seating. Chairman Lloyd Pew asked for the MOTIONto be SECONDED. The MOTION FAILED forlack of being SECONDED. Page4 of 9 Commissioner RichardTurnermadea MOTION toapprovetheproposed amendment withthe exception of CC zoning districts. Vice-Chairman Angela Strohan SECONDED the MOTION. Chairman LloydPewrequestedanyquestionsorcommentsfromtheCommission. Commissioner GeneSlechtastatedheunderstoodC-1tobemore commercial (light commercial). Robert Rodgers,Senior Planner recommended against the current motion because theCCzoning districts wasnotanydifferentfromtheother commercial districtsthey all backupto residential districts.Mr.Rodgerspointedoutthateventhe downtown C-2andTCCDzoningdistrictsback uptomulti-family areas.Mr.Rodgersnotedthatthese areas werenodifferentthanthemore dense areas.Mr.Rodgersalso expressed thatitwouldbeunfairtotheCCand C-1 district commercial properties to require onlythosetoapply for a special use permit.Sincethis proposed ordinance included an over-the-counter review,the proposed process wouldbe equitable for allcommercialdistricts. CommissionerTurnerstatedthathesawthe current process asnotprohibitingCCand C-1 from having outdoor seating,butshowsthereisa process thatbusinessesgo through.If therewere neighbors with concerns,theywouldhavethe opportunity toprovidetheirinput. Vice-Chairman Strohanaskedwhatareas would be involved.Mr.Rodgers notedthatsome of the areas of Town in the CC District. Chairman LloydPewstatedhewasnotin favor of thisexception.Chairman Pewpointedout thatanyproblemwithnoisewould fall underthenoise ordinance.Headdedthatthe proposed zoningordinancewouldtreatthosecommercialbusinesses differently fornoreason. Commissioner Slechtaaddedthatduringhistimeasaplannerforthetown,heremembereda Special UsePermitrequesthepresentedthatinvolvedarequestforextended restaurant/bar hours.ThisrequestwasinaCCzoningdistrictandtherewerealot of opposition fromthe residents in the area. ChairmanPewasked if the over-the-counter permitprocessincludeda mechanism forresidents to walk inandvoicetheirconcernsaboutoutdoorseatingonaparticular establishment orfind outwhyapermitwas granted.Mr.Rodgers answered that if someonewantedtochallengea permit,theywouldhaveto appeal totheTownCouncil,afterthe fact. Commissioner Turnerremarkedthatbyusingthespecialuse permit anditsprocess,inputfrom theresidentscouldpossiblyresultinmodificationsorrevisionsnecessarytotheissuance.Vice- Chairman Strohanagreedthattheresidentsshouldhavetherighttobe heard. No other discussion or comments were made. Page5 of 9 ChairmanPewaskedforallthoseinfavor of the MOTION (CommissionerRichardTurner madea MOTION toapprovetheproposedamendmentwiththeacceptationofCCzoning districts.) Those voting in favor of the MOTION were Commissioner Richard Turner and Vice-Chairman Angela Strohan. Those voting nay of the MOTION were Chairman LloydPewand Commissioner GeneSlechta. The MOTION FAILED by2-2vote. CommissionerRichardTurnermadea MOTION tocontinuethisagendaitemuntilthenext scheduled meeting.Commissioner Gene Slechta SECONDED the MOTION andthe MOTION carried 4-0,by those present. AGENDA ITEM #6-PUBLIC HEARING of a TEXT AMENDMENTS to Chapters 2.5.9. 10.11.15.and18 of theZoningOrdinance.Ifadopted,theamendmentswouldrevisethezoning regulations relating to Temporary UsePermitstoamend,eliminate,and/or redefine these sectionsinorderto streamline processesandeliminateunnecessary bureaucracy orduplicative permits.Case Number Z2012-03;Ordinance Number 2012-06. RobertRodgersgavethe presentation andnotedthatthiswasthe second timethe commission waspresentedwiththisproposal.Mr.Rodgersexplainedthatnumeroustemporaryusepermit regulationsresidedineightseparateordinancesections of seven different chapters of thezoning ordinanceand occasionally duplicatedotherpermitrequirements,whichcreatedadditional unnecessaryand time-consuming procedures.Mr.Rodgerssummeduptheproposedchanges thatwouldsignificantlyreducethetimeandexpensesinvolvedinacquiringandadministering permitsasfollows: 1.The requirement toget event related Temporary Use Permits would be eliminated.Those requestswouldget Special EventPermits. 2.Temporary Use Permits issuedthrough staff wouldbe reviewed andissued administratively. 3.Activitiesintheright-of-waysoreasementswouldstillbe processed throughBuilding Permits and Encroachment Permits. 4.Anyappealswould continue togotoTownCouncil. Mr.Rodgers explained that these proposed changes were expected to significantly reduce the timeand expenses involved in acquiring and administering these permits. Page6 of9 Mr.Rodgers pointed outthatasignificantpolicychangefromthe current ordinance wasthat masterplanned community salescentersmaynowbeinanysize development ratherthanonly those with 200 acres or more. Staff recommended thatthe Planning andZoning Commission forwarda recommendation tothe TownCounciltoapprovetheTemporaryUsePermitzoningordinancetextamendments,as presented. PublicHearingOpenedat6:59p.m. Noone requested tospeak. PublicHearingClosedat6:59p.m. AGENDA ITEM #7 -CONSIDERATION of a TEXT AMENDMENTS to Chanters 2.5.9. 10.11.15.and18 of theZoningOrdinance.If adopted,the amendments wouldrevisethezoning regulationsrelatingto Temporary UsePermitstoamend,eliminate,and/orredefinethese sectionsinordertostreamlineprocessesandeliminateunnecessarybureaucracyorduplicative permits.CaseNumber Z2012-03;OrdinanceNumber2012-06. CommissionerRichardTurneraskedhowanyonewouldknowifaneventwerepending.Mr. RodgersansweredthatwiththeTown Attorney's inputintheordinance,the procedure wouldbe that if apermitwasappealed,staff wouldsuspenditandthenrequiretherequestedeventgoto the Town Council fora hearing. Vice-ChairmanStrohanaskedaboutdaycarerequestsandthenotification of residents.Mr. Rodgersexplainedthatabusiness of thiskindwouldneedabusinesslicense.HomeOccupation stipulations wouldbe included inthe process of issuance ofthat license. Commissioner Gene Slechta stated he supported the proposed amendment totheZoning Ordinance. Vice-Chairman Strohan made a MOTION to forward a recommendation to the Town Council to APPROVE theproposedtext amendments toChapters2,5,9,10,11,15,and 18 oftheZoning Ordinance,astheyrelatetoTemporaryUsePermitsaspresented.Commissioner GeneSlechta SECONDED.The MOTION passed4-0,bythosepresent. AGENDA ITEM #8 -SUGGESTIONS regarding TOPICS OF DISCUSSION forthe Thursday,October 11,2012,Town Council and Planning andZoning Commission Joint Session. The following topics were suggested bythe Commissioners tobe discussed atthe Thursday, October 11,2012,joint sessionwiththeTownCouncil: 1.Street Improvement Town wide. Page7 of 9 2.Downtown Development Update. 3.Status of Economic Development Policy. 4.Any Development ProposalsonReservation. AGENDA ITEM #9-COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff.Itemslistedbelowarerelatedonlytothepropriety of (i)placingsuchitemsonafuture agenda for action or(ii)directing staffto conduct further research and report back tothe commission. NONE AGENDA ITEM #10-SUMMARY OF COMMISSION REQUEST from Senior Planner. NONE AGENDA ITEM #11 -REPORT fromSeniorPlanner,PlanningandZoningDivision of Development Services. Mr.Rodgers informed the Commissioners thatsix(6)applicants were interviewed bytheTown CouncilInterview Subcommittee forfive(5)openseatsandtheTownCouncilwouldannounce the newly appointed members atthe September 20,2012,Town Council Meeting.Oaths of Officewouldbeadministeredthefollowingweek.Mr.RodgersaddedthatonOctober 11,2012, theCommissionwouldholdajointsessionwiththeTownCouncilbeginningat5:30p.m. followed bya regular Planningand Zoning Commission meeting thatwouldalso include the appointment ofachairmanand vice-chairman fora one-year termandtheSign Regulations proposedamendment AGENDA ITEM #12 -ADJOURNMENT. CommissionerRichardTurner MOVED toadjournandCommissionerGeneSlechta SECONDED andthe MOTION CARRIED (4-0).by those present. Chairman Lloyd Pew aye Vice-Chairman Angela Strohan aye Commissioner Richard Turner aye Commissioner Gene Slechta aye Theregularmeeting ADJOURNED at 7:19 p.m. Page8 of9 FOUNTAIN HILLS PLANNING &ZONING COMMISSION BY y airman Lloyd E.Pew ATTEST:OAtu* Janice Baxter,Recorder CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 13n day of September 2012,in the Town Council Chambers.I further certify that the meeting was duly calledandthata quorum was present. Dated this 13,h day of September 2012. 0 Janice Baxter,Recorder Page9 of 9 NOTICE OF THE SPECIAL JOINT SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL AND PLANNING AND ZONING COMMISSION AND REGULAR SESSION OF THE PLANNING AND ZONING COMMISSION Town Council Members MayorLinda M.Kavanagh Councilmember TaitD.Elkie Councilmember Gitmy Dickey Vice-Mayor Henry Leger Councilmember Cassie Hansen Councilmember Dennis Brown Councilmember Cecil Yates P&Z Commission Members: Chairman Lloyd Pew Vice-Chairman Angela Strohan Commissioner Richard Turner Commissioner Michael Archambault Commissioner Stan Connick Commissioner Gene Slechta Commissioner Steven LLarris Joint Session of the Planning and Zoning Commission and Town Council WHEN:THURSDAY OCTOBER 11,2012 TIME:5:30 -6:15 P.M.SPECIAL JOINT SESSION WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS 16705E.Avenue of the Fountains,Fountain Hills,AZ 85268 AGENDA ITEMS SPECIAL JOINT SESSION [Council Members ofthe Town of Fountain Hills will attend either in person or by telephone conference call.] •CALL TO ORDER AND ROLL CALL -Chairman Lloyd Pew •Introduction of newly reappointed or newly appointed Commissioners.-Mayor Linda Kavanagh (1)Discussion ofthe Street Improvement Town Wide -Town Manager Ken Buchanan &Paul Mood (2)Discussion ofthe Downtown Theatre Project -Town Manager Ken Buchanan &Paul Mood (3)Discussion of the Status of Economic Development Policy -Town Manager Ken Buchanan (4)ADJOURNMENT. P&ZJointSession Agenda REGULAR AGENDA (1)CONSIDERATION of APPROVING the Planning and Zoning Commission Regular Meeting Minutesfrom September 13,2012. (2)CONTINUED CONSIDERATION of TEXT AMENDMENTS to the Zoning Ordinance to amend Chapters 12.16.and 18.If adopted,the amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts.The amendment would also eliminate the requirement that outdoor seating areas be fenced if no alcohol is served and there are no public safety issues.Case Number Z2012-04; Ordinance 2012-05 (3)PUBLIC HEARING to receive comments on ORDINANCE 12-07,a text amendment to Chapter 1."Definitions",and Chapter 6."Signs Regulations"of the Zoning Ordinance of the Town of Fountain Hills.If adopted,the amendments revise large portions of the Town's regulations regarding commercial signage.Case Number Z2012-01;Ordinance 2012-07 (4)CONSIDERATION of ORDINANCE 12-07,a text amendment to Chapter 1."Definitions",and Chapter 6."Signs Regulations"of the Zoning Ordinance of the Town of Fountain Hills.If adopted,the amendments revise large portions of the Town's regulations regarding commercial signage.Case Number Z2012-01;Ordinance 2012-07 (5)COMMISSION DISCUSSION/REQUEST FOR RESEARCH to the Planning and Zoning Administrator.Items listed below are related only tothe propriety of(i)placing such items ona future agenda for action or (ii)determining ifa majority ofCommissioners wish to request staff toconductfurtherresearchandreportbacktothe Commission. (6)REPORT from Robert Rodgers,Senior Planner. (7)SUMMARY OF COMMISSION REQUESTS by Robert Rodgers,Senior Planner. (8)ADJOURNMENT. DATED this 2nd day of October 2012 ;rs,Senior PlannerRcpfrrKoS The Town ofFountain Hills endeavors to make all public meetings accessible to persons with disabilities.Please call 837- ?003 (voice)or 1-800-367-8939 (TDD)48 hours prior to the meeting to request a reasonable accommodation to participate in this meeting or to obtain agenda information in large print format.Supporting documentation and staff reports furnished the Commission with this agenda are available for review in the Executive Assistant's office. Amajority ofthe Council Members may be in attendance.No official action will be taken. P&Z Joint Session Agenda TOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL JOINT SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL AND PLANNING AND ZONING COMMISSION AND REGULAR MEETING OF THE PLANNING &ZONING COMMISSION OCTOBER 11,2012 PlanningandZoningChairmanLloydPewopenedthemeetingat5:30p.m. TOWN COUNCIL ROLL CALL: Mayor Linda Kavanagh Vice-Mayor Henry Leger Councilmember Dennis Brown Councilmember Cassie Hansen Councilmember Ginny Dickey Councilmember Tait Elkie Councilmember Cecil Yates Kenneth W.Buchanan,Town Manager PaulMood,Director of Development Services Town Attorney Andrew McGuire KenKurth,Street Superintendent PLANNING &ZONING ROLL CALL: Chairman Lloyd Pew Vice-Chairman Angela Strohan Commissioner Richard Turner Commissioner Mike Archambault Commissioner Stan Connick Commissioner Mike Archambault Commissioner Eugene Slechta Commissioner Steven Harris Chairman LloydPew opened the joint session. present present present present present present present present present present present present present present present present present present present Mayor Linda Kavanagh congratulated and welcomed the reappointed Planning and Zoning Commission members Richard Turner,Angela Strohan,Stan Connick and Eugene Slechta andshe introduced thenewly appointed Planning and Zoning Commissioner Steven Harris. ChairmanLloydPewopenedthe discussion andturnedthe presentation overtoTownManager Kenneth W.Buchanan who asked Paul Mood,Director of Development Services to start the presentation in regards toa proposed pavement management program that willbe presented tothe Town Council next month.Mr.Buchanan pointed out that Mr.Mood,Ken Kurth,Street Superintendent,orhe would be available to answer any questions. Page 1 of 14 DR A F T ITEM #1-Discussion of street improvement town wide.Town Manager Ken Buchanan and Director of Development Services PaulMood presented an update and provided a PowerPoint presentation on the street improvement issue. PaulMoodgaveapresentation(SeeExhibit"A"attachedcopy of hisPowerPoint presentation). Mr.MoodproceededtoanswerquestionsfromtheTownCouncilmembersand Commissioners. Item #2-Discussion of the Downtown Theatre Project.Town Manager Ken Buchanan gave an update. Mr.Buchanan statedthatthetheatreprojectwasanon-starter.Mr.Buchanan pointedoutthe agreementwasapprovedbyTownCouncilinFebruarywithacquisition of thelandtooccurby September.HeaddedthattheTownsenta30-daynoticetotheapplicantlastMondaythatthe Development Agreement hadbeenterminated.(See Exhibit "B"attached) Noquestionsor discussion ensued. Item #3-Discussion of the status of Economic Development policy.Town Manager Ken Buchanan gavea presentation regarding the proposed town's economic development policy. Mr.Buchanan spoke tothe status of the Town's Economic Development policy.He pointed out thattherewerethree initiatives (1)Business Attraction initiative (2)Tourist initiativeand(3)The StrategicPlantofurtherthe development of the downtown area.(See Exhibit "C"attachedcopy of the presentation).Mr.Buchanan statedthatthethree initiatives wherebeingplannedandwould then be presented tothe Town Council. Item #4 -Planning and Zoning Chairman Lloyd Pew asked forany further questions or discussion,which therewerenone.Chairman Pew adjourned the meeting. The meeting adjourned at6:09p.m. TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE PLANNING &ZONING COMMISSION OCTOBER 11,2012 ChairmanLloydPewopenedtheregularmeeting of thePlanningand Zoning Commission at6:30 p.m.followed bythe Pledge of Allegiance anda moment of silence. Presentforthemeetingwerethefollowingmembers of theFountainHillsPlanningandZoning Commission:Chairman LloydPew,Vice-Chairman Angela Strohan,Commissioners Stan Connick,RichardTurner,MikeArchambault,EugeneSlechta,andStevenHarris.Alsopresent were Director of Development Services PaulMood,Town Attorney Andrew McGuire,Senior Planner Robert Rodgers,and Executive Assistant and Recorder of the Minutes Janice Baxter. Page 2 of 14 DR A F T ROLL CALL: Chairman LloydPew present Vice-Chairman Angela Strohan present Commissioner Stan Connick present Commissioner Richard Turner present Commissioner Mike Archambault present Commissioner Eugene Slechta present Commissioner Steven Harris present RobertRodgers,Senior Planner asked for nominations for Chairman of the Planning andZoning Commission forthe period beginning October 11,2012 and ending October 10,2013.[An incorrectendingdatewasshownontheagendanotedas October17,2013,andbroughttothe attention oftheChairmanbeforethe meeting.] Commissioner RichardTurner nominated LloydPewfor reappointment foranadditionalyearas Chairman of the Planning and Zoning Commission beginning October 11,2012,through October 10,2013.LloydPew accepted the nomination and Commissioner GeneSlechtasecondedthe nomination.RobertRodgersasked if therewereanyother nominations andhearingnone,he closed the nominations and a vote was taken with all Commissioners in favor. ChairmanLloydPewaskedfor nominations for Vice-Chairman of thePlanningandZoning Commission.Chairman LloydPew nominated Angela Strohan.Commissioner Mike Archambault seconded the nomination.Chairman Pew asked if there were any other nominations, andhearingnoneheclosedthenominationsandcalledforavoteforre-appointment of Angela Strohanas Vice-Chairman servingfrom October 11,2012 through October 10,2013.Allwerein favor. CALL TO THE PUBLIC PeterBordowaFountainHillsresidentspoketotheissue of theproposedsignregulations.(SeeExhibit "D"). REGULAR AGENDA AGENDA ITEM #1-CONSIDERATION of APPROVING the Planning and Zoning Commission RegularMeetingMinutesfrom September 13,2012. Vice-ChairmanAngelaStrohan MOVED toapprovethemeetingminutesfromtheSeptember13, 2012,PlanningandZoningCommission Meeting,as presented.Commissioner GeneSlechta SECONDED.A roll call vote was taken and the MOTION CARRIED 6-0,with one abstention, Commissioner Stan Connick. Page3 of 14 DR A F T Chairman Lloyd Pew aye Vice-Chairman Angela Strohan aye Commissioner Stan Connick abstained Commissioner Eugene Slechta aye Commissioner Richard Turner aye Commissioner Mike Archambault aye Commissioner Steven Harris aye AGENDA ITEM #2 -CONTINUED CONSIDERATION of TEXT AMENDMENTS to the ZoningOrdinancetoamend Chapters 12,16,and18.If adopted,the amendments wouldrevise thepermittedusesectionstoallowall restaurants tohave outdoor seatingareasin commercial or lodgingzoningdistricts.Theamendmentwouldalsoeliminatetherequirementthatoutdoor seatingareasbefenced if noalcoholisservedandtherearenopublicsafetyissues.Case Number Z2012-04;Ordinance 2012-05. RobertRodgers,SeniorPlannerexplainedwhythisitemwascontinuedfromthePlanningand ZoningpublichearingonSeptember13,2012.Mr.Rodgersexplainedthatduringconsideration, CommissionerGeneSlechtamadeamotiontoamendtheproposalsoastokeepthespecialuse permitrequirementforoutdoorseatingareasintheC-Cand C-l zoningdistricts.Thatmotion diedforlack of asecond.Mr.RodgerscontinuedtoexplainthatCommissionerRichardTurner thenmovedtoamendtheproposalsoastokeepthespecialusepermitrequirementintheC-C zoningdistrictonly.Thatmotionfailedona2-2vote.ChairmanLloydpewdecidedtocontinue thediscussiontothismeetingsothattheentireCommissioncouldparticipateinthediscussion. Thisbroughtusbacktotheoriginalquestion,whichwas staffs recommendationthatthe Commission forward a recommendation toCounciltoapprovetheproposedtext amendment,as presented. ChairmanLloydPewaskedforquestionsoradiscussionconcerningthis recommendation. Commissioner GeneSlechtasaidhesupportedthespiritofthechanges,includingthe possibilities ofnot requiring enclosures totheoutdoor seating areas when alcohol was being sold.However, Commissioner Slechta reiterated his objections regarding neighborhood commercial zoning districts.CommissionerSlechtastatedthatthereweretwozoningdistrictsthatincludedintheir definition two sentences that were not found in the others.Commissioner Slechta stated that those sentences were as follows: "Provide for services to the community,which was not detrimental to the integrity of the surroundingneighborhood"and "Particular attention was tobepaidto the interface between commercial or professional uses and the residential uses within thesame neighborhood" Commissioner Slechtacontinued to express that these two zoning districts,C-CandC-l should continue to require special use permits for outdoor seating because theywereso closely aligned withquiet,residentialneighborhoods.CommissionerSlechtastressedthathefeltthatwasnot Page 4 of 14 DR A F T unreasonabletoprovidetheresidentialneighborhoodsurroundingneighborhoodcommercial zoningdistrictsanopportunitytoweighinthroughthespecialuseprocess. Commissioner Gene Slechta made a MOTION to continue to require a special use permit process fortheC-Cand C-l zoning districts. Chairman Pew asked if there was a Second to the MOTION.Commissioner Richard Turner SECONDED forthe purpose a discussion. ChairmanPewre-statedthe MOTION asfollows:Movetoforwarda recommendation tothe Town Council to approve theproposed text amendments to Chapters 12,16and18 of the Zoning Ordinance relatingto outdoor seatingareas with the exception of C-CandC-l,zoning districts, which wouldstillbe required to obtain aspecialusepermitfor outdoor seating. ChairmanPewaskedforquestionsordiscussionbytheCommission. CommissionerRichardTurneraskedMr.Rodgers if therewasmuch C-l intheDowntownarea. Mr.Rodgersansweredthattherewasnoneinthedowntownarea. Commissioner Mike Archambault stated that he researched the Town's C-C and C-l areas on a mapandthenhe communicated his findings tothe Commissioners. Commissioner MikeArchambaultrequestedadditionalinformationregardingprop207 liability. Town Attorney Andrew McGuire weighed inonthe questions regarding the issues involved. Vice-Chairman Angela Strohan agreed with Commissioner Slechta and supported the idea ofthe residents having the ability to voice their opinion on outdoor seating inthe C-C andC-l zoning districts. Mr.Rodgers stated that,inhis opinion,those two zoning districts were not situated any differently thantheotherdistrictsintown.Allareinrelativelycloseproximitytoresidentialareas. Chairman Lloyd Pew asked fora vote onthe motion as follows:Move to forward a recommendation to the Town Council to approve the proposed text amendments to Chapters 12, 16 and 18of the Zoning Ordinance relating to outdoor seating areas with the exception of C-C and C-l zoningdistricts. Avoicevotewastakenandthe MOTION CARRIED 5-2,with Commissioner Mike Archambault and Chairman Lloyd Pew voting nay. Page5 of 14 DR A F T AGENDA ITEM #3 -PUBLIC HEARING to receive comments on ORDINANCE 12-07,a textamendmenttoChapter1,"Definitions",andChapter6,"SignsRegulations"of theZoning Ordinance of theTown of Fountain Hills.If adopted,the amendments reviselargeportions of the Town's regulationsregardingcommercialsignage.CaseNumberZ2012-01;Ordinance2012-07. RobertRodgers,SeniorPlannergavethepresentationandincludedaPowerPoint presentation. TheattachedExhibit"E"wherecommentssentviaemailand forwarded totheCommissioners andExhibit"F"isacopy ofMr.Rodger'sPowerPointpresentation. Mr.Rodgersstatedthat staff suggestedthatthePlanningandZoningCommissionforwarda recommendation totheTownCounciltoapprovethetext amendments to Chapter 1,"Definitions" and Chapter 6,"Sign Regulations"of the Zoning Ordinance as presented withthe amendments recommended bystaff. Mr.Rodgers explained thatthe primary reasons forthesign regulations wastodealwith aesthetics,visual character;to provide reasonable limits onthe number andsize of signs;to differentiate betweensignsthatareaimedatautosversus pedestrians,andforpublicsafety. Mr.Rodgers pointed outthatan ad-hoc Sign Ordinance Review Committee wasformedinJuly 2011,consisting of volunteers fromthe business community,citizens,staff,Planning and Zoning Commissioners,andTown Councilmembers.The committee reviewedtheentiresignordinance andmade recommendations for improvements and clarifications.Particular emphasis wasplaced on A-frame signsand banner regulations.He added thatthe Sign Ordinance Review committee scheduled meetings weekly untilApril2012.Threeopenhouseswereheldto present the committee's proposed regulations tothe community and receive further input. Mr.Rodgersnotedthatthe Planning &Zoning Commission helda Public Hearing onJuly12, 2012.The Commission recommended approval of the ordinance amendments subjecttoafew amendments.However,duetotheadditional amendments madebytheTownAttorney, comments receivedataTownCouncilWorksrudy,andtheSign Committee's re-review,this second Public Hearing washeld. The section numbers listed here are the ones being amended with this proposal. Section6.02:Wasthefirst major changewith "Definitions"moved. Sections6.03through6.07:Wereprimarilytypofixes,departmentnamechanges,and consistency changes thatwere more administrative in nature. Section6.08:Wasthemainfocus of theordinanceanddetailstheguidelinesforvarioustypes of signage allowed within thetown. Section6.02:TheDefinitionsarebeingmovedtoChapter1,of theZoning Ordinance. Page 6 of 14 DR A F T Section 6.03:Department name change to "Development Services". -Addingasliding plexi-glass facechange doesn't needapermit. -Take out Section Bthatwasa hold-over fromthepast.The town doesnotissue stickers forsigns,except for A-frames. Section6.04:DeleteSection "C"sinceitwasredundant.Thetwoprevioussectionssaythe samething. Section 6.05:Town Council recently adopted a revised penalty section intothe Town Code.This changemakesthissection consistent withtheadoptedversion.This ordinance sectioncurrently states: Finesmaybe assessed according tothefollowing schedule: A.Firstoffense,fine nottoexceed $25.00 andconfiscation ofsign(s). B.Secondoffense within twelve(12)calendar months offirst offense,finenot toexceed $50.00 andconfiscation ofsign(s). C.Allsubsequentviolationswithintwelve(12)calendar months ofthefirst offense,fine nottoexceed $100.00 andconfiscation ofsign(s). PLANNING AND ZONING COMMISSION: The Commission votedintheJuly12,2012,public hearing to recommend thatthe penalties for violations be increased to be $100 for the first offence,$500 for the second offence,and $700 for the third offence.Staff supported this recommendation. TOWN COUNCIL WORKSTUDY: The consensus of the Town Council during their work study review of this ordinance appeared to indicatethatthe Council would prefer thatthe penalty fines remain thesameastheyare currently. SIGN REVIEW COMMITTEE: Thesignreview committee has recommended thatthepenaltyfinesremainthesameastheyare currently. Public Hearing Opened at 7:15 p.m. JamesCarpentier,Mesa,Arizona representing the International Sign Association gavesome recommendations forthe Town's consideration.(See Exhibit "G") PeterBordowspokeagaintothe Commissioners regardinghisopinionontheproposedsign regulations.(See Exhibit "G") Public Hearing Closed at 7:22 p.m. Page 7 of 14 DR A F T AGENDA ITEM #4 -CONSIDERATION of ORDINANCE 12-07,a text amendment to Chapter1,"Definitions",andChapter6."SignsRegulations"of theZoningOrdinance of the Town of Fountain Hills.If adopted,the amendments revise large portions of the Town's regulations regarding commercial signage.Case Number Z2012-01;Ordinance 2012-07. ChairmanLloydPew explained thathewouldliketobringforthamotionandthenanyrevisions within the document would be addressed individually. Commissioner Richard Turner asked what the status of the vote on this document dated July 12, 2012was.Town Attorney Andrew McGuire explained that because of substantial changes,itwas decided thatitwas only fairtogivethe Commission a chance ina public hearing tomakea recommendation onthisnew version before itwas brought back tothe Town Council. Chairman Lloyd Pew made a MOTION to forward a recommendation tothe Town Council to approve the text amendment to Chapter 1,"Definitions"and Chapter 6 "Sign Regulations"of the Zoning Ordinance as presented tothe Commission inthedraft amendment.Commissioner Richard Turner SECONDED the MOTION for the sake of discussion. Vice-Chairman Angela Strohan asked Mr.Rodgers if a decision had been made on how the Town was going to enforce the proposed regulations.Mr.Rodgers answered thatany adopted regulations wouldbe enforced through the Town's Code Enforcement. Chairman Pew opened the discussion on Chapter 1,"Definitions".Chairman Pewaskedfor clarification onrevisionsto definitions thatdidnotpertaintosigns.Mr.McGuire explained that sincetheTownwas making massive changes,itonlymadesensetoreviseotherareas of Chapter1 anddosome cleanups.Mr.McGuire added thatthemain reason wasto reconcile some of the areas of the definitions that were inconsistent with one another or the same term was defined differently inChapter6,asitwasin Chapter 1. ChairmanPewaskedforfurther discussion on Chapter 1.Noonecameforward. Chairman Pewrequested discussion on Chapter 6.04.Therewasnone. Commissioner Gene Slechta readthefollowing: "We'vebeenatthisoverayear.Thesigncommitteehasbrought forward over30 significant changesdesignedto improve',andincrease,signageexposureinthetown.Isupportmost of thosechangesSOMEIdonot.Itisnosecretthatthevastamount ofenergyexpendedinthis reviewwasdealingwithtemporarysignage.Inaddition,thecommitteerevisedverbiage whereverclaritywasneeded.Icertainly support allthosechanges. Inanumber ofthemeetingsI quoted thevery first paragraph ofthesign chapter,...the PURPOSE ofsignregulations:It says...."Thesesignregulationsareintendedtoencourage Page 8 of 14 DR A F T ATTRACTIVEsignage for businessesandservices,optimizingtheavailability of information whilepromotingthegeneralwe/farebycreatingamoreaestheticallyappealing community". TheresultshereclearlyaddressedbusinessesinterestsBut,inmyopinion,fell shorton meetingthepurposestatementinthearea ofaesthetics.Let'slookatthisthroughtheproper lens.Firstabit ofhistory,whichismostlyinBob's staff report.Majorrevisionswere passed in 2008to support thebusinesscommunity.Thesechangeswere designed bythebusiness community.TownCouncil,wisely,put expiration dates ofone year for a-frames and banners for "special events".Thiswas put inso that theTown Council could evaluate how businesses were complying.Every year now for the past 4 years the Council has granted an extension,....eventhoughtheirviolationswereconsistently90%orhigher.Nowwearelooking at dramatic expansion oftheusage. Aesthetics are important!!!Sign abuse and clutter has unintended consequences.Don V believe me?Ask the Council. 2daysago,therewasa Council work study session.One ofthe items onthe agenda wasa discussion on POLITICAL signs.TheTown Council has asked staff to craft a resolution that will ban these signs from town rights-of-way of every single arterial inthistown. Justification "placement (ofpolitical signs)....within the rights-of-way (of commercial areas)will detract from the scenic and aesthetic appeal"..."deterits appeal to tourists ". Commissioners,these are temporary signs being placed on our town property.Theseareno different,in principle,then cluttering up our town right of wayswith businesses temporary signs. Bottom line,ifpolitical signs are unattractive along the streets,soare a-frames and banners. ChairmanPew requested discussion on Chapter 6.05.Commissioner GeneSlechtawantedto reiterate thatithad previously been recommended bythe Planning and Zoning Commission to increase thefinesand that thefineshad now been recommended back tothe original fines. Commissioner Slechta noted that in2008,substantial changes weremadeinthesign regulations. He continued that inthe area of temporary signs the town hashad many violations andnotedat least90%violations in A-frames and100%with banners.Commissioner Slechta pointed outthat inthe past our Town Council has asked for support fromthe business community to police the problemwithnoluck.CommissionerSlechtaproposedgoingbacktotheCommissioners recommendation to increase the fines. Commissioner Mike Archambault made a MOTION togo back tohis originally proposed fines of 1st offense $100.00;2nd offense $500.00;3rd offense $700.00. ChairmanLloydPewaskedforasecondtothismotion.Commissioner GeneSlechta SECONDED the MOTION. Chairman Pew asked for a discussion to this motion. Commissioner Mike Archambault noted that heseessign violations and added thatfor4-5years noonehasbeenfinedfor violations tooursign ordinance.Healso stated that if wedonotput somekind of fineon violations with teeth,what good are our regulations. Commissioner Stan Connick stated hedid not feela large violation fine would be good relations. Page9 of 14 DR A F T Commissioner Richard Turner asked if thefinewasforeachday of violations.Robert Rodgers answeredthatitwouldbeuptothejudgeifsomeonedecidedtotakeittocourt,buttheordinance statedperday.CommissionerGeneSlechtanotedthatbeforeafinewasimposedtheviolator wouldbegivenawrittenwarningandifnecessaryaticketwouldbeissuedfor $25.00. CommissionerSlechtapointedoutthatitwouldbea"nottoexceed"amount if increasedandthe judgewouldhavetheabilitytodeterminewhatthefinewouldbe if thecasewastogotocourt. ChairmanPewpointedoutthattherewereotheralternativeslistedintheordinancebeforefines are given toa violator. ChairmanLloydPewaskedforavoicevoteonthemotion,andthe MOTION FAILED 2-5.The proposed feeswould remain thesamewithno change. Chairman Pew asked for discussions onthe following: 6.07F None 6.071.4 None 6.0771.5 None 6.071.9 None 6.07J None 6.07K None 6.07M None 6.07N None 6.07Q None 6.08 None 6.08.A.1 None 6.08.B Commissioner Gene Slechta stated hedidnot support A-frames inthe town right-of-ways because one-half of thebusinessesusingA-framesleavethemout24hoursadayandmanyinthe right-of-ways.Commissioner Slechta addedthatmost businesses areopen40hoursperweekso therewasnoreasonforthese temporary signstobeoutontownproperty168hoursperweek. Commissioner Slechtawouldamendtherevised recommendations thatA-framesign placement be allowed in town as currently written. Commissioner Mike Archambault askedMr.McGuire if hewas comfortable with permitting signs intheright-of-ways.Mr.McGuireansweredthattherewasnocontrol if someonewasnotpaying attentionandhitasign.Commissioner Archambaultexpressedhisrecommendationthatsigns should be consistent and placed no closer than 3'behind thecurbinstead of 1'without attached balloons and 3'with attached balloons. Commissioner Stan Connick agreed with Commissioner Archambault and Commissioner Slechta because being abike rider his concern would be that an A-frame set1'behind thecurb could fall overintothestreetandimpedewalkersorridersusingthisstreetportion. Page 10 of 14 DR A F T Commissioner GeneSlechtastatedthathedidnotsupport3'behindthecurbsincein various areas of townthesignswouldstillbeplacedintheright-of-way. CommissionerConnickmadea MOTION tobeconsistentatplacement of A-framesbehindthe curb3'.CommissionerMikeArchambault SECONDED andthe MOTION CARRIED.6-1, withCommissionerSlechtavotingno. Chairman LloydPewalsoinstructedRobertRodgerstoreviseeveryplaceintheordinancethat placed signs1'from curband amend to3'.Mr.Rodgers statedthatthis would include garage sale signsandopenhousesigns. Mr.Rodgersasked if any of theCommissionerswantedtocommentontheone-yearextensionfor A-framesandbannerssincethedraftstatedasunsetdate(committee recommendation)of December31,2014.TheCommissionmovedtorecommendonlyaone-yearextensionto December 31,2013. CommissionerGeneSlechtaaskedtodiscussthetimesallowedtodisplayA-frames. CommissionerSlechtadidnotsupportthe6:00a.m.-12:00a.m.butwouldliketoseethesigns allowedbetweenthehours of 7:00a.m.and9:00p.m.CommissionerSlechtapointedoutthata majority of towns and cities allow A-frames during business hoursonly.Another issuewasthat withthe6a.m.-12a.m.the A-frames wouldlikelynotbetakendownand enforcement wouldbe limited. Commissioner Gene Slechta madea MOTION toreturntothecurrentordinanceregardingA- frames times allowed to7:00a.m.and9:00p.m.Commissioner Stan Connick SECONDED and the MOTION CARRIED.7-0. Commissioner Gene Slechta made a MOTION to not allow A-frame signage inthe town's right- of-ways.The MOTION FAILED forlack of a Second. 6.08.D Commissioner Gene Slechta commented that itwas unlikely that businesses would takea bannerdownforashortperiod of timeandthenplacethe banner upata different timepermonth. Commissioner Slechta also explained thatit would be difficult toenforce. Commissioner Gene Slechta made a MOTION to keep the banner regulations the same asthey arecurrentlyand Commissioner Stan Connick SECONDED.Chairman Pewaskedforarollcall votewiththe following results: The MOTION FAILED 3-3,with Commissioner Harris abstaining. Commissioner Gene Slechta made a MOTION to recommend extending the sunset dateuntil December 31,2013. Chairman Lloyd Pew SECONDED andthe MOTION CARRIED 5-2. Page 11 of 14 DR A F T Commissioner Richard Turnermadea MOTION toamendthe14dayspermonthto display event banners to7consecutivedayspermonth.Thiswouldnotincludegrandopening banners.Robert Rodgers mentioned thatthe business ownerwouldchoosethedates,whichwouldbe approved by overthe counter review and Code Enforcement would receive a copy for enforcement purposes. Vice-Chairman Strohan SECONDED and the MOTION CARRIED 5-2. ChairmanLloydPewmadea MOTION toexpand6.08Ftoincludeallcontractors. MOTION FAILED for lack of second. 6.08.P Mr.McGuire answered questions from the Commission.Specifically,the removal ofthe conditions,whichwouldalsocountfortotalsignagearea. 6.08Q None 6.08R Andrew McGuire explained that State Law requires that the Town allow signs in the right-of-ways withthe exception of tourism and hospitality zones andthat could include areas such asthe fountain,golf courses,hotels,andthe mountain preserve. 6.08.S None 6.08.T None 6.08.V None 6.08.X None 6.08.AA None 6.08.BB None 6.08.CC None 6.08.DD None 6.08.EE None 6.08.FF None 6.08.CC Commissioner Slechta stated thathedidnot support the committee's recommendation at this time.Commissioner Slechta added that the reality was that we are in the 21st century and need to recognize that electronic signage can provide a benefit to the business community.However,our lighting section,Chapter 8,of the Zoning Ordinance lives in the 20th century.Commissioner Slechta noted changes in technology and illumination standards in the past decade or two. Commissioner Slechta recommended denial ofthe proposed amendment until such timeas Chapter 8,hasbeen reviewed and updated to current standards and technology. Commissioner Mike Archambault made a MOTION to return back to the Town's original ordinance concerning electronic message regulations.Commissioner Gene Slechta SECONDED. A roll call vote was requested with the following results: CommissionerTurnernay Commissioner Archambaultaye Vice-Chairman Strohannay Commissioner Connicknay Page 12 of 14 DR A F T ChairmanPew nay Commissioner Harris abstained Commissioner Slechtaaye The MOTION FAILED 4-2. Commissioner Gene Slechta thanked Robert Rodgers and Janice Baxter fortheir work onthe sign ordinanceandsecondedby Commissioner StanConnick. ChairmanLloydPewmadea MOTION toaccepttheamendeddocumentaspresentedinthis document.Commissioner Richard Turner SECONDED and the MOTION CARRIED 7-0. AGENDA ITEM #5-COMMISSION DISCUSSION/REQUEST FOR RESEARCH tothe PlanningandZoning Administrator.Itemslistedbelowarerelatedonlytotheproprietyof(i) placingsuchitemsonafutureagendaforactionor(ii)determining if amajority of Commissionerswishtorequest staff toconductfurtherresearchandreportbacktothe Commission. None Received. AGENDA ITEM #6-REPORT fromtheSeniorPlanner of PlanningandZoning. Robert Rodgers Senior Planner congratulated Chairman Lloyd Pew forbeing re-appointed as Chairmanforanother one-year term.Mr.Rodgersalso congratulated Angela Strohanforherre appointment as Commissioner andforbeing re-appointed Vice-Chairman foranotherone-year term.Mr.Rodgers also congratulated Commissioner Stan Connick,Commissioner Richard Turner,and Commissioner Gene Slechta for their re-appointment and welcomed thenew member Steven Harris to the Commission. Mr.Rodgers notified the Commissioners thatthe Thursday,October 25,2012,Commission meeting would be cancelled.Mr.Rodgers added thatthe Business Showcase wouldbeheldon Thursday October 24,atthe Community Center from3:00to6:00p.m. AGENDA ITEM #7 -SUMMARY OF COMMISSION REQUESTS No requests weremade AGENDA ITEM #8 -ADJOURNMENT. Commissioner Slechta MOVED to adjourn and Vice-Chairman Strohan SECONDED the MOTION.The MOTION CARRIED (7-0),by those present. Chairman Lloyd Pew aye Vice-Chairman Angela Strohan aye Page 13 of 14 DR A F T CommissionerStanConnick aye CommissionerMikeArchambault aye CommissionerEugeneSlechta aye CommissionerRichardTurner aye CommissionerStevenHarris aye Themeeting ADJOURNED at8:38p.m. FOUNTAIN HILLS PLANNING &ZONING COMMISSION BY:ATTEST: ChairmanLloydPew JaniceBaxter,Recorder of theMinutes CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy ofthe minutes of the meeting of the Fountain Hills Planning and Zoning Commission's joint session with Town Council and the regular Planning and Zoning Commission meeting held inthe Town Council Chambers on the 11th day ofOctober 2012.I further certify that the meeting was duly called and thataquorumwaspresent. Dated this 11th day of October 2012 Janice Baxter,Recorder of the Minutes Page 14 of 14 DR A F T c:ca--1 (•:••„-.;*;•<mm ::;.••:.•.-:-(•.-.< \i \"']:s>--l ^\K>/ *» N^>~-^ 113 > \.55,'2i-m -v/.v IM3 Y\Vt".'. -1 ,-, ^x/\ •mi /ui y nil -.n-nth-«V\; fstfT »r^\\.V I c'1sM \\\\<2^^*/\.'~-,--/"I ^»v 71 I •-• \/