HomeMy WebLinkAboutOrd 2004-12 ORDINANCE NO. 04-12
AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, AMENDING TOWN OF FOUNTAIN HILLS
ZONING ORDINANCE RELATING TO SHARED MONUMENT SIGNS.
WHEREAS, the Town of Fountain Hills (the "Town") adopted Ordinance No. 93-22,
on November 18, 1993, adopting the Zoning Ordinance for the Town of Fountain Hills (the
"Zoning Ordinance"); and
WHEREAS, Chapter 2, Procedures, Section 2.01, Amendments or Zone Changes, of the
Zoning Ordinance establishes the authority and procedures for amending the Zoning Ordinance;
and
WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT.
§ 9-462.04, public hearings were advertised in the July 7 and August 4, 2004 editions of the
Times of Fountain Hills; and
WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning
Commission on July 22, 2004, and by the Mayor and Council of the Town of Fountain Hills (the
"Town Council") on August 19, 2004.
(0, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows:
SECTION 1. That Chapter 6, Sign Regulations, Section 6.02, Definitions, is hereby
amended to add the following definitions:
Business Area: An area designated by the Zoning Administrator as containing a concentrated
group of businesses.
Business Block: A portion of a business area consisting of at least three lots, bounded on all
sides by a public right-of-way, alleyway or an adjacent property line.
Shared Monument Sign: A monument sign displaying the names of participating businesses
within a sign district.
Sign District: A group of businesses within a business block, organized for the purpose of
designing and installing no more than two shared monument signs to be located within the
business block.
Sign District Agreement: An agreement between prospective sign district members and the
business block property owner(s) in which the shared monument sign will be erected, containing
the name of each business and its owner(s) and the business address and telephone number, and
evidencing that the sign district members have agreed to the following:
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(a) The placement of the shared monument sign within the business block;
(b) A shared monument sign meeting the requirements of Section 6.08(28);
(c) The individual business owners' and property owner's respective responsibilities
for maintenance, removal and alteration of the shared monument sign; and
(d) The individual business owners' and property owner's responsibilities in the event
that the sign district is dissolved.
Sign District Members: Business owners within a sign district.
SECTION 2. That Chapter 6, Sign Regulations, Section 6.08, Signs Allowed, is hereby
amended to add the following subsection:
(29) 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 valid
Town of Fountain Hills business licenses, have submitted a sign district agreement to the Zoning
Administrator and where the Zoning Administrator has approved the formation of the district.
(i) Membership Change: If sign district membership changes, the sign district
shall file a written notification of membership change and an amended sign district
agreement with the Zoning Administrator. Where a sign district member moves out of
the sign district or closes its business, the portion of the shared monument sign
advertising that business must be removed within 30 days. The portion of the sign
dedicated to the vacating sign district member shall be maintained with a blank panel.
(ii) District Dissolution: If a sign district is dissolved, the property owner(s) of
the business block shall be required to remove the shared monument sign unless:
(1) A new sign district is formed to assume responsibility for the
shared monument sign within 30 days from the date of dissolution of the old sign
district; or
(2) The property owner assumes complete control over the shared sign
monument, in which case, said monument shall be (a) counted toward the total
aggregate sign area calculations for the business and (b) modified to meet the
requirements for the total aggregate sign area calculation for the business, and (c)
limited to advertising for businesses on that property.
(b) Limitations on Shared Monument Signs:
(i) Height restrictions:
(1) Where the sign district contains three to four businesses, the
maximum height of the monument sign shall be 6'.
(2) Where the sign district contains five or more businesses, the
maximum height of the monument sign shall be 8'.
(ii) Width may not exceed 4'.
(iii) The text area shall not exceed 24 square feet.
(iv) Placement:
.,. (1) Signs may not be placed within the right-of-way;
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(2) Signs must be at least 150 feet away from any other shared
monument sign;
(3) Signs must not be placed in a manner which obstructs the vehicular
sight lines and road "clear zones" established by the Town Engineer in
accordance with Traffic Engineering Standards.
(v) The Zoning Administrator or authorized designee may approve the
placement of a shared monument sign in a manner other than as required by this
subsection, provided that a written request has been submitted by the sign district
to the Zoning Administrator outlining the reason for the request of alternative
placement, including a detailed plan showing the requested area of placement, and
where the Zoning Administrator or authorized designee has made the following
determinations:
(1) A special circumstance or condition exists which does not exist on
other properties within the business area; and
(2) The alternative placement is necessary to allow the use of a shared
monument sign; and
(3) The special circumstance or condition is not self-imposed.
(vi) A minimum of two square feet of landscaping per one square foot of the
sign shall be provided at the base of the shared monument sign.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Arizona, August 19, 2004.
FOR THE N 0 OUNTAIN HI -S: ATTESTED TO:
W. J. N. ols, Ma Bevelyn J. de I own Clerk
REVIEWED BY: APP,InVED AS TO FORM:
ittpL„
Timothy G. Pickering,Town Manager Andrew J. McGuire, Town Attorney
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