HomeMy WebLinkAboutRes 2012-201756760.5
FH ZO Chap 1 Definitions
TOWN OF FOUNTAIN HILLS
ZONING DEFINITIONS
NOVEMBER 1, 2012
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FH ZO Chap 1 Definitions 1
Abutting: The condition of two (2) adjoining properties having a common property line or
boundary, including cases where two (2) or more lots adjoin only a corner or corners.
Access or Access Way: The place, means, or way by which pedestrians and vehicles shall have
safe, adequate and usable ingress and egress to a property or use as required by this ordinance.
Acre: An area of land containing forty-three thousand five hundred sixty (43,560) square feet.
Adjacent: Nearby, not distant or having a common endpoint or border.
Adjoining: Touching or bounding at a point or line.
Adult Oriented Facilities: Which shall include the following:
A. Adult Bookstore:
1. Having as a substantial portion of its stock in trade, videos, film, books,
magazines and other periodicals depicting, describing, or relating to
"specified sexual activities" or which are characterized by their emphasis
on matter depicting, describing or relating to "specified anatomical areas",
or
2. Having as a substantial portion of its stock in trade, books, magazines and
other periodicals, and which excludes all minors from the premises or a
section thereof.
B. Adult Live Entertainment Establishment: An establishment, which features
topless female or bottomless dancers, go-go dancers, exotic dancers, strippers or
similar entertainers.
C. Adult Theater: An enclosed building or open-air drive-in theater:
1. Regularly used for presenting any film or plate negative, film or plate
positive, film or tape designed to be projected on a screen for exhibition or
films, glass slides or transparencies, either in negative or positive form,
designed for exhibition by projection on a screen depicting, describing or
relating to "specified sexual activities" or characterized by an emphasis on
matter depicting, describing or relating to "specified anatomical areas"; or
2. Used for presenting any film or plate negative, film, or plate positive, film
or tape designed to be projected on a screen for exhibition, or films, glass
slides or transparencies, either in negative or positive form, designed for
exhibition by projection on a screen and which regularly excludes minors.
Advertising Copy: Copy that includes, but is not limited to information such as phone numbers,
prices, announcement of sales, business hours, meeting times, individual or specific product or
merchandise information, and directional information.
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FH ZO Chap 1 Definitions 2
Agriculture: The tilling of the soil, raising of crops, horticulture, viticulture, sulviculture,
including all uses customarily incidental thereto but not including slaughterhouses, fertilizer
yards, or plants for the reduction of animal matter, or any other industrial use which is similarly
objectionable because of noise, odor, smoke, dust or fumes.
Airport: Any area which is used or is intended to be used primarily for the taking off and
landing of aircraft, and any appurtenant areas which are used or intended to be used for airport
buildings or facilities including open spaces, taxiways and tie-down areas, hangars, transition
and clear zones, and other accessory buildings.
Alley: A right-of-way, dedicated to public use, affording a secondary means of access to
abutting property and not intended for general traffic circulation.
Ambulatory Person: Any individual including one who uses a cane or other ambulatory
support, who is physically and mentally capable, under emergency conditions, of finding a way
to safety without assistance.
Amendment: In reference to this ordinance, a change in the wording or substance of this
ordinance, or an addition or deletion or a change in the zone district boundaries or classifications
of the zoning map.
Animal Hospital: Facilities for the care, treatment, and boarding of animals including facilities
within the term "veterinary clinic."
Antique: A product that is old or exchanged because of value derived, because of oldness as
respects the present age, and not simply because same is not a new product.
Appeal: An action which permits anyone to arrange for a hearing before an individual or a
group other than the individual or group from whose decision the appellant seeks redress, or a
first request for action, depending on context; Chapter 2 addresses the appeal procedures
available to aggrieved parties.
Area of Jurisdiction: The Town of Fountain Hills as it exists now and as it is lawfully changed;
plus any area allowed by Arizona Revised Statute outside of the corporate limits which permits
review by the Town of Fountain Hills.
Automotive Junk: Any vehicle missing one or more body parts; or is incapable of operating
under its own power; or is missing any wheels; or has missing or severely shattered glass which
prohibits safe operation; or has one or more flat tires for a period of seventy-two (72) or more
hours.
Automobile Repair: All aspects of the repair of motor vehicles including, but not limited to,
lubrication, tune-up and preventive maintenance.
Automobile Sales: An agency selling motor vehicles and providing services commonly
associated with motor vehicle sales.
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FH ZO Chap 1 Definitions 3
Awning: An architectural projection or shelter projecting from, or supported by, the exterior
wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a
supporting framework that may be either permanent or retractable, including such structures
which are internally illuminated by fluorescent or other light sources.
Ballast: The portion of a sign required to operate a fluorescent lamp.
Banner: A temporary sign composed of fabric, plastic, or other pliable material on which
advertising copy or graphics may be displayed.
Bar or Cocktail Lounge: An establishment whose primary business is the serving of alcoholic
beverages to the public for consumption on the premises.
Basketball Court: A basketball court as defined by the National Federation State High School
Association regulations.
Basement: A space in a structure that is partly or wholly below grade.
Bed and Breakfast Establishment: A dwelling in which the occupants of the dwelling provide,
for compensation, the short term lodging and meals for guests, occupying not more than two (2)
guest rooms, located within the same dwelling.
Billboard: A permanent off-premise outdoor advertising sign erected, maintained or used for
the purpose of commercial or non-commercial messages.
Board of Adjustment: (See Section 1.07).
Building: Any structure used for the support, shelter, housing or enclosure of persons, animals,
chattels or property of any kind, with the exception of doghouses, playhouses and similar
structures.
Building, Accessory: A building or structure that does not share a livable, enclosed connection
to the main building, and that is subordinate to, and the use of which is customarily incidental to,
that of the main building, structure, or use on the same lot or parcel.
Building Area: The total areas, taken on a horizontal plane at the mean grade level, of the
principal buildings and all accessory buildings, exclusive of uncovered porches, terraces and
steps.
Building, Attached: A building which has at least part of a wall in common with another
building, or which is connected to another building by a roof.
Building, Detached: A building, which is separated from another building or buildings on the
same lot.
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Building, Height Of: The vertical distance measured at any point from the natural, pre-existing
grade level or proposed grade, whichever is lower, to the highest point of the structure. If the
structure is located in a platted subdivision where grading was done as a part of the subdivision’s
improvements, the building height shall be the vertical distance measured at any point from the
finished grade as shown on the subdivision grading plans or the natural, pre-subdivision grade,
whichever is lower, to the highest point of the structure. If the structure has a basement, where
the basement floor pad grade is lower than the preexisting grade and where all exterior walls to
the basement are completely back-filled to the pre-existing grade and no ingress or egress is
proposed directly from the basement to the exterior of the building, building height shall be
measured at any point along the pre-existing grade to the highest point of the structure above that
point. If the structure is proposed as a walk-out, where the walk-out or lower floor pad grade is
lower than the pre-existing grade and where ingress and egress is proposed on only one side of
the walk-out floor and where the other non-walk-out sides of the walk-out floor are completely
back-filled to the pre-existing grade and no ingress or egress is proposed directly from the non-
walk-out sides of the walk-out floor to the exterior of the building, building height above the
walk-out level shall be measured at any point along the pre-existing grade to the highest point of
the structure above that point. In the event that terrain problems prevent an accurate
determination of height, the Zoning Administrator shall rule as to height and appeal from that
decision shall be to the Board of Adjustment.
Building, Principal: A building, or buildings, in which is conducted the principal use of the lot
on which it is situated. In any residential district, any dwelling shall be deemed to be the main
building of the lot on which the same is situated.
Building Footprint: The area of the primary structure measured from the outside walls
(excluding any overhanging portions) which includes indoor uses such as attached garage,
carports, utility room, laundry, etc. (including covered patios and breezeways which are an
integral part of the roof structure of the structure.
Building Frontage: The linear measurement of an exterior building wall or structure that faces
the public roadway.
Building Permit: A permit required for erection, construction, modification, addition to or
moving of any building, structure or use in the incorporated area of the Town of Fountain Hills
as more fully defined in Section 417 of the Uniform Building Code adopted by the Town
Council.
Building Setback: The minimum distance as prescribed by this ordinance between any property
line and the closest point of the foundation or any supporting post or pillar of any building or
structure related thereto. (See: Yard, front, side and rear).
Business Area: An area designated by the Zoning Administrator as containing a concentrated
group of businesses.
Business Block: A portion of a business area consisting of at least three lots, bounded on all
sides by a public right-of-way, alleyway or an adjacent property line.
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FH ZO Chap 1 Definitions 5
Campground: Any lot, parcel, or tract of land used, designed, maintained, and intended for rent
of plots or sites to accommodate temporary camping by the traveling public with or without
sanitary facilities and water, whether or not a charge is made for the use of the park and its
facilities.
Carport: A roof supported by pillars or cantilevers, which shelters a car or other vehicle. May
either extend from a structure (usually a house) or be constructed separately (often to
accommodate several cars).
Cemetery: Land used or intended to be used for the burial of the dead, and dedicated for such
purposes, including columbaria, crematoriums, mausoleums and mortuaries when operated in
conjunction with and within the boundaries of such premises.
Channel Letter: Individual letters constructed to be applied singly in the formation of a
Building Mounted Sign or a Freestanding Sign. Channel letters may be illuminated or non-
illuminated.
Church: A permanently located building commonly used for religious worship fully enclosed
with walls, but including windows and doors, and having a structurally solid and sound roof.
Clearing: The removal and disposal of all obstructions such as fences, walls, foundations,
buildings and existing structures, and accumulations of rubbish of whatever nature. Also, the
substantial removal of trees, also the substantial removal of trees, shrubs, cacti, and other
indigenous vegetation, but not including grass and weeds considered to be a potential fire hazard.
Clinic: A place for the provision of group medical services, not involving overnight housing of
patients.
Clubhouse: A building, located on a golf course with nine (9) or more holes, that contains one
or more of the following facilities: pro shop for the retailing of clothing and golf accessories; the
golf course's own cart rental and maintenance facility (does not include the golf cart sales and the
maintenance of golf carts not owned by the golf course); restaurant with or without alcoholic
beverage service; and the golf course's administrative office.
Cluster Housing: Houses built close together with little yard space and a large common area,
rather than each house having a large separate yard.
Commission: The Town of Fountain Hills Planning and Zoning Commission. (See Section
1.06).
Common Open Space: Open space usable by all the people within a certain development and
such area is owned by all the property owners in that development.
Community Corrections Facility: A facility, which provides lodging and meals and, primarily,
counseling, treatment, and rehabilitation to adjudicated delinquents, parolees, and individuals in
pre-release (transitional) or diversionary programs from correction institutions.
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FH ZO Chap 1 Definitions 6
Community Development Director: (Same as Development Services Director).
Comprehensive Sign Plan: Comprehensive Sign Plans are required in all commercial zoning
districts for multi-tenanted buildings or shopping centers. The Comprehensive Sign Plan shall be
reviewed and approved by the Zoning Administrator or designee and conform to the sign
regulations contained in Chapter 6 of this Ordinance. A “multi-tenanted building” is a building
complex or center that contains any number of businesses, greater than one, that share the same
site, use common points of ingress, and egress to and from the site.
Condominium: Real estate, portions of which are designated for separate ownership and the
remainder of which is designated for common ownership solely by the owners of the separate
portions. Real estate is not a condominium unless the undivided interests in the common
elements are vested in the unit owners.
Contiguous: In actual contact.
Convalescent Home: (Same as nursing home).
Copy: The text, graphics or message of a sign.
Corral: A pen or enclosure for confining animals.
Council: Town Council of the Town of Fountain Hills, Arizona.
County: Maricopa County, Arizona.
Day Care Center: A residential facility in which care for non-residents is provided for periods
of less than twenty-four hours per day, for more than five (5) people.
Density: The average number of families, persons or housing units per unit of land; usually
density is expressed "per acre." Thus, the density of a development of 300 units occupying 40
acres is 7.5 units per acre.
Development Services Director: The person appointed by the Town Manager to be the chief
land-use official for the Town. If there is no such person designated by the Town Manager, the
Town Manager is the Development Services Director.
Direct Illumination: An externally mounted light source that is used for illuminating a sign;
also referred to as “exterior illumination.”
Disturbance: Clearing, grubbing, excavation and/or filling.
Drive-in Restaurant: Any establishment where food or beverages are dispensed and may be
consumed on the premises, but outside a closed building.
Drive-in Theater: An open-air theater where the performance is viewed by all, or part, of the
audience from motor vehicles.
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FH ZO Chap 1 Definitions 7
Dwelling: A building or portion thereof, built in accordance to the building code adopted in the
Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for
residential purposes, including single-family and multiple-family dwellings; but not including
hotels, motels, boarding and lodging houses, fraternity and sorority houses, rest homes and
nursing homes, or child care nurseries.
Dwelling, Multiple-Family: A building, built in accordance to the building code adopted in the
Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for
occupancy by or occupied by two (2) or more families living independently of each other. Such
building(s) shall have a connection, which is comprised, of a full ground to roof wall and a roof
structure of not less than eight (8) feet in depth.
Dwelling, Single-Family: A detached building, built in accordance to the building code adopted
in the Town or, if built prior to incorporation, adopted by Maricopa County, designed
exclusively for occupancy by or occupied by one (1) family for residential purposes.
Dwelling, Two-Family: A building, built in accordance to the building code adopted in the
Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for
occupancy by or occupied by two (2) families living independently of each other. Such
building(s) shall have a connection, which is comprised, of a full ground to roof wall and a roof
structure of not less than eight (8) feet in depth.
Dwelling Unit: A building or portion thereof having restricted access to one kitchen or area
convertible to kitchen activities, built in accordance to the building code adopted in the Town, or
if built prior to incorporation, adopted by Maricopa County, designed exclusively for residential
purposes, including single-family and multi-family dwellings; but not including hotels, motels,
boarding and lodging houses, fraternity and sorority houses, rest homes and nursing homes, or
child care nurseries.
Easement: A specified area on a lot or parcel of land reserved or used for the location of and/or
access to, utilities, drainage or other physical access purposes, or for preservation of undisturbed
terrain for the benefit of the general public.
Electronic Message Center: A sign that uses computer-generated or electronic means to
change advertising copy, messages or color, including signs that flip or rotate.
Elderly: A person who is sixty-five (65) years of age or older.
Erect: The word "erect" includes build, build upon, add to, alter, construct, reconstruct, move
upon, or any physical operations on the land, required for a building.
Excavation: The removal of earthen material, resulting in a lowering of the grade at the
location.
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Family: An individual, or two (2) or more persons related by blood or marriage, or a group of
persons not related by blood or marriage, living together as a single housekeeping group in a
dwelling unit.
Farm: An area of not less than two (2) contiguous acres which is used for the commercial
production of farm crops such as vegetables, fruit trees, cotton, grain and other crops, and their
storage on the area, as well as the raising thereon of farm poultry and farm animals, such as
horses, cattle, and sheep for commercial purposes. The term "farm" includes the operating of
such an area for one (1) or more of the above uses, including dairy farms, with the necessary
accessory uses for treating or storing the produce, provided that the operation of any such
accessory use is secondary to that of the farm activities, and provided further that the farm
activities do not include commercial feeding or offal to swine or other animals.
Fence: Any device built to enclose a parcel of land, to separate two (2) parcels of land, or to
separate a parcel of land into different use areas.
Filling: The dumping or depositing of earthen material resulting in the raising of the grade at
that location.
Flag: A fabric sheet of square or rectangular or triangular shape which is mounted on a pole.
This includes the United States, State, flags for registered corporations and other registered
entities, flags or foreign nations, decorative flags, and flags supporting activities of the Fountain
Hills Unified School District.
Floor Area: The gross square footage of a building. When considering minimum off-street
parking area, floor area may also include the open land needed for service to the public as
customers, patrons, clients, or patients, including area occupied by fixtures and equipment used
for display or sale of merchandise.
Fractional Ownership Interest: A contractual right of occupancy in a Fractional Ownership
Project, whether by membership, agreement, share, tenancy in common, sale, deed, license,
right-to-use agreement or otherwise, where such right is divided into eleven (11) or more
undivided interests, whether or not such interest is coupled with an estate in real property, where
a purchaser, in exchange for consideration, receives a right to use a portion of a Fractional
ownership Project for a period of time less than six months during any given year.
Fractional Ownership Interest shall include interests otherwise known as “Interval Ownership”
or “Time Share Ownership.”
Fractional Ownership Project: A project consisting of any dwelling unit, hotel, lot or parcel in
which a purchaser receives a Fractional Ownership Interest.
Front Lit Letter: An internally illuminated individual letter or graphic component of a sign that
has a translucent face.
Garage, Private: A building or portion thereof, used for the shelter or storage of self-propelled
vehicles, or owned or operated by the occupants of a main building where there is no service or
storage for compensation.
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Garage, Public: Any building, except one herein defined as a "private garage" used for the
storage of self-propelled vehicles or where any such vehicles are equipped for operation or kept
for hire.
Grade: The elevation of the land.
Grade, Finished: Final elevation of the ground surface conforming to the approved grading
plans.
Grade, Natural: Elevation of the natural or undisturbed ground surface prior to any grading
operation. If "natural grade" can no longer be determined, then the grade elevation existing on
September 20, 1991, as shown on the Town's topographical maps of that date, shall be used in
lieu thereof. If a parcel of land is not shown on the September 20, 1991 topographical maps,
"natural grade" shall be as shown on a topographical map that has been both prepared after
September 20, 1991 and that is acceptable to the Town Engineer.
Grading: The process of changing gradients of land by contouring, smoothing or otherwise
shaping land areas, by excavating, filling, or combination thereof.
Group Home for the Handicapped and Adult Care: A dwelling shared by handicapped
and/or elderly people as their primary residence and their resident staff, who live together as a
single housekeeping unit, sharing responsibilities, meals, and recreation. The staff provides care
for the residents. A Group Home for the Handicapped and Adult Care does not include nursing
homes, alcohol or other drug treatment centers, community correction facilities, shelter care
facilities, or homes for the developmentally disabled as regulated by the Arizona Revised
Statutes Section 36-582.
Grubbing: The elimination of roots from the ground by digging or pulling.
Guest: Any transient person who rents or occupies a room or structure for sleeping purposes.
Guest House: Living or sleeping quarters within an accessory building for the sole use of
occupants of the premises, guests of such occupants or persons employed on the premises. The
accessory building may be attached to or detached from the main building. Such quarters shall
not be rented, and/or otherwise used for income producing purposes.
Guest Ranch: A building or group of buildings containing two (2) or more guest rooms, other
than a boarding house, hotel, or motel, and including outdoor recreational facilities such as, but
not limited to, horseback riding, swimming, tennis courts, shuffleboard courts, barbecue and
picnic facilities, and dining facilities intended for the use primarily by guests of the guest ranch,
but not including bars and restaurants which cater primarily to other than guests of the guest
ranch.
Guest Room: A room designed for occupancy by one (1) or more guests for sleeping purposes,
but having no cooking facilities and not including dormitories.
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Halo Illumination: Sign lighting constructed for wall or freestanding signs that is designed so
that the light for the entire sign, or the light for each individual component of the sign, is directed
against the surface behind the sign or sign component, producing a halo effect.
Handicapped: A person who: (A) has a physical or mental impairment which substantially
limits one or more of such person's major life's activities so that such person is incapable of
living independently; (B) has a record of having such an impairment; or (C) is regarded as
having such an impairment. However, "handicapped" does not include current, illegal use of or
addiction to a controlled substance as defined in the Controlled Substance Act (21 United States
Code 802).
Hazardous Materials: Any substance characterized as flammable solids, corrosive liquids,
radioactive materials, oxidizing materials, highly toxic materials, poisonous gases, reactive
materials, unstable materials, hypergolic materials and pyrophoric materials and any substance or
mixture of substances which is an irritant, a strong sensitizer or which generates pressure through
exposure to heat, decomposition or other means.
Holiday Window Decorations: The decorative display of holiday themed decorations or
window painting.
Home Day Care Center: A residential facility in which care for non-residents is provided for
periods of less than twenty-four hours per day, for five or less people.
Home Occupation: Any occupation or profession which is incidental and subordinate to the use
of the dwelling unit for dwelling purposes and which: (A) does not change the character thereof,
and in connection with which there are no employees other than members of the immediate
family residing in the dwelling unit; (B) does not generate traffic as a result of patronage and/or
shipping and receiving of materials beyond five (5) trips per day; and (C) has shipping and
receiving to and from such occupation only by a vehicle customarily used for residential delivery
purposes.
Hospital: A place for the treatment or care of human ailments, where overnight lodging for
patients is provided, other than nursing homes.
Hotel: A building or group of buildings, other than a motel, boarding house or lodging house,
containing individual guest rooms, suites of guest rooms, and dwelling units, and which
furnishes services customarily provided by hotels.
Individual: Any private individual, tenant, lessee, owner or any commercial entity including,
but not limited to, companies, partnerships, joint ventures or corporations.
Junk: Any old or scrap metal, rope, rags, batteries, paper, trash, wood, glass, plastic and/or
rubber debris, waste, or junked dismantled, or wrecked automobiles, or parts thereof, iron, steel,
and other old or scrap ferrous or nonferrous material.
Junkyard: Any land or building used for the abandonment, storage, keeping, collecting, or
baling of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment,
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demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in running
condition, or machinery, or parts thereof.
Kennel: Any premises where more than four (4) dogs or cats are bred, boarded, and/or trained.
Having one litter up to six (6) weeks of age is not considered to be a kennel.
Kitchen: Any room in a building or dwelling unit that is used or intended to be used for cooking
or the preparation of food.
Landscaping: An area which has been improved through the harmonious combination and
introduction of trees, shrubs, and ground cover, and which may contain natural topping material
such as boulders, rock, stone, granite or other approved material. The area shall be devoid of any
asphaltic or concrete pavement except for pedestrian walkways.
A. "Fully-abutting" areas are those landscaped or revegetated areas, such as a
disturbed area that is proposed to look as if no disturbance activity has occurred,
where natural undisturbed areas abut one or both sides of a revegetated area.
B. "Partially-abutting" areas are those landscaped or revegetated areas, such as a
disturbed area that is proposed to look as if no disturbance activity has occurred,
where natural undisturbed areas abut one side of a revegetated area.
C. "Non-abutting" areas are those landscaped or revegetated areas that are not
intended to fully resemble the preexisting natural undisturbed landscaping of the
site.
Laundry, Self Service: A building within which clothes washing and drying machines, and
clothes dry-cleaning machines, either coin operated or attendant operated, are provided on a
rental basis for use by individuals for doing their own laundry or dry cleaning. Self-service
laundry does not include outdoor drying facilities.
Letter Face: The exterior side of an individual letter or individual graphic element.
Logo: A graphic design representing a product, identity or service.
Lot: A single piece of property located in a recorded subdivision, having frontage on publicly
dedicated and accepted street or an approved private road, which is described and denoted as
such.
Lot, Corner: A lot, which has an interior angle of one hundred thirty-five (135) degrees or less
at the intersection of two (2) street lines. A lot abutting upon a curved street is considered a
corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at
an interior angle of one hundred thirty-five (135) degrees or less.
Lot, Interior: A lot other than a corner lot.
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Lot, Key: A lot adjacent to a corner lot having its side lot line in common the rear lot line of the
corner lot and fronting on the street which forms the side boundary of the corner lot.
Lot, Through: A lot, which has street right-of-way frontage on two non-adjoining sides.
Lot Area: The total horizontal area within the lot lines of a lot.
Lot Coverage: That portion of a lot or building site, which is occupied by any building or other
covered structure, excepting paved areas, walks and swimming pools.
Lot Depth: The horizontal length of a straight line connecting the midpoints of the front and
rear lot lines.
Lot Frontage: The horizontal length of the front lot line.
Lot Line: The line bounding a lot.
Lot Line, Front: In the case of an interior lot, a line separating the lot from the street right-of-
way. In the case of a corner lot, the narrower of the two lot lines adjoining a street right-of-way.
Lot Line, Rear: A lot line, which is opposite and most distant from the front lot line. In the
case of a lot having five (5) or more sides, the rear lot line shall be any lot line, other than the
front lot line, which intersects a side or a street side lot line at any angle less than one hundred
thirty-five (135) degrees.
Lot Line, Side: Those lot lines other than a street side lot line that connects the front and rear
lot lines.
Lot Line, Street Side: That lot line or lines on a corner lot adjoining a street right-of-way that
connects the front lot line to a rear lot line.
Lot Width: For rectangular lots, lots having side lot lines not parallel, and lots on the outside of
the curve of a street, the distance between side lot lines measured at the required minimum front
yard line on a line parallel to the street or street chord; and for lots on the inside of the curve of a
street, the distance between side lot lines measured thirty (30) feet behind the required minimum
front yard line on a line parallel to the street or street chord.
Mansard Roof: A roof style composed of a combination of a steep semi-vertical plane
connected to a flatter plane.
Manufacturing: The fabricating or assembling of materials into finished or partially finished
products by hand or by the use of machinery.
Massage Establishment: Any establishment having its place of business where any person,
firm, association or corporation engages in or carries on or permits to be engaged in or carried on
any massage activities defined as any method of pressure on, friction against, or stroking,
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kneading, rubbing, tapping, pounding, vibrating, or stimulating of external soft parts of the body
with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance.
Master-Planned Village Sales and Information Center: A facility that meets the adopted
version of the Uniform Building Code of the Town of Fountain Hills, that is used as an
information/sales facility by the developer of a master-planned village.
Master-Planned Village: A development containing over 200 contiguous acres contained in a
master subdivision plat by a single developer.
Mobile Home: A structure transportable in one or more sections, including the plumbing,
heating, air conditioning and electrical systems contained in such structure which meets the
standards specified in the National Manufactured Housing and Safety Standards Act of 1976, as
amended, which erected on site meets all of the following criteria: (A) eight (8) body feet or
more in width; (B) Thirty-two (32) body feet or more in length; (C) built on a permanent chassis;
and (D) designated to be used as a portable home with or without a permanent foundation, and
shall be classified as a mobile home whether or not its wheels, rollers, skids or other rolling
equipment have been removed. For purposes of these regulations, mobile homes are a special
form of single-family detached dwellings and are subject to such special regulations as are set
forth herein and shall not be considered a modular or factory built building as defined in this
section.
Mobile Home Park: Any lot, parcel or tract of land, designed, maintained, used and intended
for rent or lease of individual lots or sites to accommodate one or more mobile homes, including
all buildings, structures, vehicles, accessory buildings, and appurtenances to be used or intended
as equipment as a trailer court park, whether or not a charge is made for the use of the site or the
use of its facilities. A mobile home park does not include lots upon which unoccupied mobile
homes or unoccupied travel or commercial trailers are parked for display, inspection, and sale.
Mobile Home Subdivision: A subdivision designed for residential use where the residences are
mobile homes and structures conforming to the adopted building codes of the Town.
Mobile Structure: A movable or portable structure thirty-two (32) feet or more in length and
eight (8) feet or more in width, constructed to be towed on its own chassis and designed so as to
be installed with or without a permanent foundation for occupancy classification as an office,
retail store, airport hangar, classroom, or any other occupancy classification. It may include one
or more components that can be retracted for towing purposes and subsequently expanded for
additional capacity, or two (2) or more units separately towable, which can be joined to form a
single unit. The removal of the wheels and running gear shall not change the meaning of this
term.
Modular or Factory-Built Buildings: A building complying with the adopted building codes
of the Town which is manufactured, constructed, or fabricated off-site and capable of being
towed to a permanent site to be installed on a permanent foundation. Does not include a mobile
home. Such a structure must be certified by the Office of Manufactured Housing of the State of
Arizona.
1756760.5
FH ZO Chap 1 Definitions 14
Motel: A building or group of buildings containing guest rooms or apartments each of which
maintains a separate entrance, used primarily for the accommodation of motorists, and providing
automobile parking space on the premises.
Native Vegetation: Indigenous plant materials of the Sonoran Desert.
Natural: The condition of the land, vegetation, rocks, and other surface features, which have not
been, physically disturbed, changed or added to by any action of man or machine.
Nonconforming Structure: A structure which was lawfully erected prior to the adoption of this
ordinance but which, under this ordinance, does not conform with the standards of coverage,
yard spaces, height of structures or distance between structures prescribed in the regulations for
the district in which the structure is located.
Nonconforming Use: The use of a structure or land which was lawfully established and
maintained prior to the adoption of this ordinance but which, under this ordinance, does not
conform to the use regulations for the district in which it is located.
Nuisance: Anything, condition or use of property, which endangers life or health, gives offense
to the senses, and/or obstructs the reasonable and comfortable use of other property.
Nursing Home: A structure operated as a lodging house in which nursing, dietary and other
personal services are rendered to convalescents, not including persons suffering from contagious
diseases, and in which surgery is not performed and primary treatment, such as customarily is
given in hospitals and sanitariums, is not provided. A convalescent home shall be deemed a
nursing home.
Nursery: A commercial operation for the growth and sale of plants, storage of equipment for
landscaping and the wholesale or retail sale of commercial gardening supplies.
Office: A room or rooms and accessory facilities for the managing or conducting of a business.
Off-Street Loading and Unloading Space: A designated off-street space located on the same
site as the site for which berths are required for temporary parking of motor vehicles for active
loading and unloading of merchandise or materials.
Open Space: Any parcel or area of land or water unimproved or improved and set aside,
dedicated, designated, or reserved for the public or private use and enjoyment of owners and
occupants of land adjoining or neighboring such open space.
Overhead Transmission Line: An electrical power line that is capable of conveying sixty-nine
(69) thousand or more volts of power.
Pan Channel Letter: An individual letter of a sign constructed so that the sides and back of the
letter are one unit.
Parapet: An extension of a vertical building wall above the line of a structural roof.
1756760.5
FH ZO Chap 1 Definitions 15
Park: A public or private parcel of land developed and used for passive or active recreation.
Parking Area: An area designed and constructed, and used exclusively for the parking, storage
and maneuvering of vehicles.
Parking Shade Structures: A roofed, detached, accessory structure, which may be lighted,
with four (4) open sides, designated or used exclusively for the parking and sheltering of
operable motor vehicles.
Parking Space: A permanently surfaced area, enclosed or unenclosed, of not less than nine (9)
feet in width, and nineteen (19) feet in depth, together with a driveway connecting the parking
space with a street and permitting ingress and egress of the automobile, (See Chapter 7).
Pennant: Any lightweight plastic, fabric or other material, whether or not containing a message
of any kind, suspended from a rope, wire or string, usually in a series and designed to move in
the wind. Pennants must not exceed 12 inches in any direction.
Planned Unit Development: A development of five (5) or more acres in size, in which
flexibility can be permitted in lot size, lot width, lot coverage, and setbacks, in order to
encourage more creative and imaginary design, thereby preserving natural features, protecting
environmentally-sensitive areas and/or providing usable open spaces within the development.
Professional Office: Any building, structure, or portion thereof, used or intended to be used as
an office for a lawyer, architect, engineer, surveyor, planner, optometrist, accountant, doctor,
dentist, or other similar professions.
Public Building: Facilities for conducting public business occupied by various public agencies.
This includes all federal, state, county, and town offices and buildings.
Public Hearing: A hearing held to receive public testimony as required by law.
Public Meeting: A meeting held in conformance to the Arizona Open Meeting Law as
contained in A.R.S. § 38-431 et seq.
Public Utility: Private or public facilities for distribution of various services, such as water,
power, gas, communication, etc., to the public.
Recreation Facilities: Includes buildings, structures or areas built or developed for purposes of
entertaining, exercising or observing various activities participated in either actively or passively
by individuals or organized groups.
Recreational Vehicle: A vehicular type unit primarily designed as temporary living quarters for
recreational, camping or travel use, which either has its own motive power or is mounted on or
drawn by another vehicle. This includes motor homes, self-contained travel trailers, and
campers.
1756760.5
FH ZO Chap 1 Definitions 16
Recreational Vehicle Park: Facilities for the temporary storage, parking and maneuvering of
recreational vehicles (motor homes, travel trailers, campers, etc.) with adequate roads and stall
sites, including sanitary and water facilities. Site locations are provided on a day-to-day basis.
Does not constitute a mobile home park and may not allow mobile homes.
Restaurant: An establishment whose primary business is the serving of food to the public.
Retail Store: A commercial business for selling goods, services, wares or merchandise directly
to the customer, but not including a professional office.
Retaining Wall: A wall or terraced combination of walls used to retain earth, but not directly
supporting the wall of a building, including stacked rock and imbedded boulder walls.
Revegetation: The replacement of indigenous living plant materials on areas where the natural
vegetation has been removed. The areas include disturbed natural areas and man-made cut and
fill slopes.
Reverse Pan Channel Letter: An individual letter of a sign constructed of an opaque material
so that the sides and front of the letter are one unit.
Riprap Material: Material that is a loosely composed layer of rocks and stones used to hinder
the flow of water, thereby preventing erosion.
Satellite Dish Antenna: A device incorporating a reflective surface that is solid, open mesh, or
bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device
shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially
and/or orbitally based stations. This definition is meant to include but not be limited to what are
commonly referred to as satellite earth stations, television reception-only (TVRO's), and satellite
microwave antennas.
School, Elementary, Junior High, High School, College, or Junior College: Public and other
non-profit institutions conducting regular academic instruction at kindergarten, elementary,
secondary, and tertiary levels. Such institutions shall offer general academic instructions
equivalent to the standards prescribed by the State Board of Education or the State Board of
Regents.
School, Nursery: A school or the use of a site or a portion of a site for an organized program
devoted to the education or day care of five (5) or more children of elementary school age or
younger, other than those residents on the site. This includes day care centers.
School, Private or Parochial: An institution conducting regular academic instruction at
kindergarten, elementary, secondary, and tertiary levels operated by a nongovernmental
organization.
School, Trade: Schools offering instruction in the technical, commercial or trade skills, such as
real estate schools, business colleges, electronic schools, automotive and aircraft technician
schools and similar commercial establishments operated by a nongovernmental organization.
1756760.5
FH ZO Chap 1 Definitions 17
Service Station: An occupancy engaged in the retail sales of gasoline, oil, tires, batteries, and
new accessories and which provides for the servicing of motor vehicles and operations incidental
thereto, including: automobile washing, waxing and polishing, tire changing and repairing, but
not including recapping. May also include battery service, radiator cleaning, flushing and repair,
installation of minor accessories, lubrication of motor vehicles, rental of utility trailers, testing,
adjustment and replacement of motor parts and accessories.
Shelter Care: Short term residential care facilities providing lodging on a temporary basis,
meals and counseling to individuals and groups such as, but not limited to, the homeless,
pregnant teenagers, victims of domestic violence, neglected children, and runaways.
Shopping Center: A group of retail stores or professional offices planned and designed for the
site on which it is built, functioning as a unit, with off-street parking, landscaped areas and
pedestrian malls or plazas provided on the property as an integral part of the unit.
Sign: Any visual element, or combination of elements, including words or symbols, designed or
placed to attract attention or convey information, including any device providing identification,
advertising or directional information for a specific business, service, product, person,
organization, place, or building, including graphic devices such as logos, obtrusive colored facia
or architectural elements, banners, balloons, streamers, inflatable structures, exterior
merchandise displays, projected picture signs, holographic projection signs and other attention
attracting media and devices.
Sign, Abandoned: A sign that is no longer associated with the location, product or activity
conducted on the premises on which the sign is located.
Sign, Advertising: A sign which includes any copy and/or graphics relating to any business,
service, product, person, organization, place, or building in addition to simple identification.
Sign, A-Frame: A temporary sign normally supported by its own frame in a manner that
usually forms an “A” when in use; also referred to as a “sandwich” or “tent” sign.
Sign, Animated: A sign with actual motion, including light changes or color changes, or the
illusion of motion.
Sign, Awning: A sign displayed on, or attached flat against, the surface or surfaces of an
awning or any other surface attached to a building that provides shelter.
Sign, Bench: A sign painted on or affixed to a bench.
Sign, Building Mounted: Any sign mounted onto the vertical surface of a building; see also
Wall Sign.
Sign, Cabinet: A frame constructed to hold internal components and covered by a face to hold
the advertising sign.
1756760.5
FH ZO Chap 1 Definitions 18
Sign, Canopy: See definition of Awning Sign.
Sign, Changeable Copy: A sign constructed to hold individual letters or individual text sections
that are mounted in or on a track system. Changeable Copy Signs are usually used as Directory
Signs.
Sign, Directional: A sign, supplying pertinent directional information for the purpose of
promoting safety and the flow of vehicular or pedestrian traffic.
Sign, Directory: A sign listing the names and/or uses, and/or locations of the various tenants or
activities within a building, or in a multi-tenant development, or group of buildings. Directory
Signs may be constructed as Changeable Copy Signs.
Sign, Fascia: A sign that is permanently affixed to the horizontal member or surface at the edge
of a projecting roof.
Example Fascia Sign
Sign, Flashing: A sign with an intermittent, repetitive or flashing light source.
Sign, Freestanding: A sign that has its own supporting structure independent of the building or
business it identifies.
Sign, Fuel Price: A sign displaying the price(s) of fuel at a service station.
Sign, Ground Mounted: A Freestanding Sign with no visible base.
Sign, Identification: A sign that contains only the name of the business, person, organization,
place, or building at that location.
1756760.5
FH ZO Chap 1 Definitions 19
Sign, Ideological: A sign that expresses, conveys, or advocates a non-commercial message.
Sign, Illuminated: A sign, that is lighted, either externally or internally.
Sign, Internally Illuminated: A sign constructed with a light source behind the face of the sign.
Sign, Mansard: A sign permanently affixed to a wall or surface not more than 20 degrees from
vertical at the upper edge of a building and running parallel with the mansard roof line or parapet
upon which the sign is attached. Any sign proposed for a building with a Mansard Roof shall
have the top of the sign mounted no higher than the lowest point of any portion of the roofline.
Sign, Menu Board: A changeable sign orientated to the drive-through lane for a business that
advertises the menu items or services available from the drive-through window.
Sign, Mobile: See Portable Sign.
Sign, Monument: A Ground Mounted Freestanding Sign identifying a subdivision or multiple-
occupancy development such as a shopping center, officer building or planned industrial park,
which has multiple suites, offices or tenants. A Monument Sign shall be a part of the signage
regulated by a Comprehensive Sign Plan.
Example Monument Sign
Mansard Roof
1756760.5
FH ZO Chap
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1756760.5
FH ZO Chap 1 Definitions 21
Sign, Roof: A sign affixed on, above or over the roof of a building so that it projects above the
roofline. The top of a parapet wall shall be considered the roofline. The vertical portion of a
Mansard Roof shall be considered the roofline. The top of the facia of a hipped roof shall be
considered the roofline. Where a parapet wall is combined with a mansard roof, the roofline
shall be the top of the parapet.
Sign, Sandwich: A portable sign; one, which is not permanently affixed to a structure or
permanently ground-mounted. For an example, see Chapter 6.
Sign, Shared Monument: A monument sign displaying (A) the names of participating business
within a sign district or (B) the names of businesses on property owned by the holder(s) of a
shared monument sign permit.
Sign, Temporary: A sign intended to display either commercial or non-commercial messages
of a transitory or temporary nature. Portable signs, any sign not permanently embedded in the
ground, or signs affixed to a building, wall, fence, or sign structure for a non-permanent time
period, are considered temporary signs. A banner, pennant, poster, balloon, construction sign,
political sign or an A-frame sign shall be considered a temporary sign.
Sign, Tent: A temporary sign normally supported by its own frame in a manner that usually
forms an “A” when in use; also referred to as a “sandwich” or “A-frame” sign.
Sign, Under-Canopy: A sign attached to the underside of a canopy, marquee, cantilevered roof
or eave or any other surface having an angle plus or minus fifteen (15) degrees from
perpendicular to a horizontal overhead structure.
Sign, Wall: A sign which is fastened to any vertical portion of a building; see also Building
Mounted Sign.
Sign, Wall-Mounted: A sign, which is fastened to any vertical portion of a building.
Sign, Window: Any sign, pictures, symbols or combination thereof, designed to communicate
information about an activity, business, commodity, event, sale or service that is affixed to, or
located within any area six (6) feet behind a window pane, positioned to be read from the
exterior of a building.
Sign District: A group of businesses within a business block, organized for the purpose of
designing and installing no more than two shared monument signs to be located within the
business block.
Sign District Agreement: An agreement between prospective sign district members and the
business block property owner(s) in which the shared monument sign will be erected, containing
the name of each business and its owner(s) and the business address and telephone number, and
evidencing that the sign district members have agreed to the following:
A. The placement of the shared monument sign within the business block;
1756760.5
FH ZO Chap 1 Definitions 22
B. A shared monument sign meeting the requirements of subsection 6.08(BB);
C. The individual business owners’ and property owner’s respective responsibilities
for maintenance, removal and alteration of the shared monument sign; and
D. The individual business owners’ and property owner’s responsibilities in the event
that the sign district is dissolved.
Sign District Members: Business owners within a sign district.
Sign Face: The area enclosing the copy and graphic components of a sign.
Sign Walker: A person, who wears, holds or balances a portable sign.
Significantly Altered Lot: A residential lot, upon which new construction is occurring on the
lot resulting in:
A. Greater than 50% of the lot’s yard area being disturbed; or
B. Greater than 1,000 square feet of the lot’s yard area being disturbed.
Specified Anatomical Areas: Either of the following:
A. Less than completely and opaquely covered: (1) human genitals, pubic region; (2)
buttock; and (3) breast below a point immediately above the top of the areola.
B. Human male genitals in a discernible turgid state, even if completely and
opaquely covered.
Specified Sexual Activities:
A. Human genitals in a state of sexual stimulation or arousal.
B. Acts of human masturbation, sexual intercourse, or sodomy.
C. Fondling or other erotic touching of human genitals, pubic region, buttocks, or
breasts.
Stable: A detached accessory structure including, but not limited to, a corral or paddock for the
keeping of one or more horses owned by the occupants of the premises and which are not kept
for remuneration, hire or sale.
Stable, Commercial: A structure including, but not limited to, a corral or paddock for the
keeping of horses for remuneration, hire or sale.
Store: A building where manufactured or ready-made items can be purchased.
1756760.5
FH ZO Chap 1 Definitions 23
Story: That portion of a building included between the surface of any floor and the finished
ceiling next above it or the finished undersurface of the roof directly over the particular floor.
Street: A right-of-way that provides the principal vehicular and pedestrian access to adjacent
properties.
Street, Private: A street held or controlled by an entity other than the Town of Fountain Hills.
Street, Public: A street dedicated and accepted by the Town of Fountain Hills for public use.
Street Line: The boundary line between street right-of-way and abutting property.
Structure: Anything constructed or erected which requires a fixed location on the ground,
including a building or mobile home, but not including a fence or wall used as a fence.
Structural Alteration: Any change in the supporting members of a building, such as bearing
walls or partitions, columns, beams, or girders, or any complete rebuilding of the roof or exterior
walls.
Subdivision: Improved or unimproved land or lands divided for the purpose of financing, sale
or lease, whether immediate or future, into four (4) or more lots, tracts or parcels of land, or, if a
new street is involved, any such property which is divided into two (2) or more lots, tracts or
parcels of land, or, any such property, the boundaries of which have been fixed by a recorded
plat, which is divided into more than two (2) parts. "Subdivision" also includes any
condominium, cooperative, community apartment, townhouse or similar project containing four
(4) or more parcels, in which an undivided interest in the land is coupled with the right of
exclusive occupancy of any unit located thereon, but plats of such projects need not show the
buildings or the manner in which the buildings or airspace above the property shown on the plat
are to be divided. "Subdivision" does not include the following:
A. The sale or exchange of parcels of land to or between adjoining property owners
if such sale or exchange does not create additional lots.
B. The partitioning of land in accordance with other statutes regulating the
partitioning of land held in common ownership.
C. The leasing of apartments, offices, stores or similar space within a building or
trailer park, nor to mineral, oil or gas leases.
Supervisory Care Home: A residential care institution, which provides only supervisory care
services to no more than four (4) ambulatory persons unrelated to the owner of such a home.
Swale: A low flat depression to drain off excess water.
Swimming Pool: Any permanent structure, containing or intended to contain water eighteen
(18) inches or more in depth and/or eight (8) feet or more in width at any point.
1756760.5
FH ZO Chap 1 Definitions 24
Temporary Vehicle Storage Facility: Any land or building used for the temporary storage of
abandoned, wrecked or legally impounded automobiles, boats, or other vehicles regardless of
running condition. Such a facility is not a facility where dismantling of any vehicle, the storage
of any vehicle parts, the retailing or wholesaling of any vehicle or vehicle parts may take place.
Travel Trailer: A portable structure without motive power, with wheels built on a chassis,
designed as a temporary dwelling for travel, recreation, and vacation purposes, having a body
width not exceeding eight (8) feet and a body length not exceeding thirty-two (32) feet.
Treatment Center: Facilities providing lodging and meals and, primarily, treatment, training or
education as a part of an alcoholism or drug addiction program.
Use: The purpose for which a site or structure is arranged, designed, intended, constructed,
moved, erected, altered or enlarged or for which either a site or structure is or may be occupied
and maintained.
Use, Accessory: A use which is incidental, related, appropriate, and clearly subordinate to the
lot or building, and which does not alter the principal use of the lot or building.
Use, Permitted: A use which is listed as a "permitted use" in any given zone district. Such use
shall be allowed to be established within that zone district, subject to the specific requirements of
this ordinance.
Use, Prohibited: Any use not specifically permitted or permitted by a special use permit.
Use, Special: A use, which is listed as a "special use" in any given zoning district. Such use
shall require a "special use permit" in order to be established within that zoning district, and shall
be subject to all conditions and requirements imposed by the Town Council in connection with
the special use permit.
Use, Temporary: A use, which is listed as a "temporary use" in any given zoning district. Such
use shall require a "temporary use permit" in order to be established within that zoning district
and shall be subject to all conditions and requirements imposed by the staff or Town Council,
whichever issues the permit.
Usable Open Space: Space, which can be enjoyed by people. This could include landscaped
plazas, grass and trees, fountains, sitting areas, etc., and is meant to provide an open garden
atmosphere. Meaningful open space does not include parking areas, vacant or undeveloped lots
or any other space, which does not contribute to the quality of the environment.
Utility Services: Service to the public of water, sewer, gas, electricity, telephone and cable
television. The foregoing shall be deemed to include attendant facilities and appurtenances to
the above uses, including, without limitation, stations along pipelines, and substations along
electric transmission lines; but not including public utility treatment and generating plants or
offices.
Variance: See Chapter 2, Section 2.06(B) herein.
1756760.5
FH ZO Chap 1 Definitions 25
Wall: Any device forming a physical barrier which is so constructed that fifty percent (50%) or
more of the vertical surface is closed preventing the passage of light, air and vision through said
surface.
Warehouse: A building or buildings used for the storage of goods.
Wholesale: The sale of goods or materials for the purposes of resale.
Yard: A minimum required open area adjacent to a lot line that shall be free from any structure
except as specified in the Town of Fountain Hills Zoning Ordinance.
Yard, Front: A yard, the depth of which is the minimum required horizontal distance between
the front line and the front yard setback line, which yard extends across the full width of the lot.
For a corner lot, the front yard is the narrower of the two street side frontages.
Yard, Rear: A yard, the depth of which is the minimum required horizontal distance between
the rear lot line and rear-yard setback line, which yard extends across the full width of the lot, not
including any portion of a required street side yard.
Yard, Required: The minimum open space as specified by the regulations of this Ordinance for
front, rear, side, and street side, as distinguished from any yard area in excess of the minimum
required. See "Building Area".
Yard, Side: A yard, the width of which is the minimum required horizontal distance between
the side lot and the side-yard setback line, not including any portion of the required front yard or
required rear yard.
Yard, Street Side: Any yard, the depth of which is the minimum required horizontal distance
between the street side lot line and the street side-yard setback line, not including any portion of
the required front yard.
Zone: A district classification established by this ordinance, which limits or permits various and
specific uses.
Zoning Administrator: The person appointed by the Town Manager to be the Zoning
Administrator. If there is no such person designated by the Town Manager, the Town Manager
is the Zoning Administrator.
Zoning Clearance: The approval by the Community Development Director of a plan that is in
conformance with The Zoning Ordinance for the Town of Fountain Hills.
Zoning District: A zone area in which the same zoning regulations apply throughout the
district.
1752356.9
TOWN OF FOUNTAIN HILLS
SIGN REGULATIONS
NOVEMBER 1, 2012
Town of Fountain Hills Zoning Ordinance
November 1, 2012
1752356.9
Chapter 6
SIGN REGULATIONS
Sections:
6.01 Purpose
6.02 [Reserved]
6.03 Sign Permits; Fees
6.04 Violations
6.05 Penalty
6.06 Enforcement and Remedies
6.07 General Regulations
6.08 Signs Allowed
Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 2 of 34 November 1, 2012
1752356.9
Section 6.01 Purpose
The regulations set forth in this Chapter are intended to encourage attractive
signage for businesses and services, optimizing the availability of
information, while promoting the general welfare by creating more
aesthetically appealing community.
Section 6.02 [Reserved]
Section 6.03 Sign Permits; Fees
A. Except as provided herein, it shall be unlawful to erect, install and/or
modify any sign within the Town without first applying for and
obtaining a sign permit from the Development Services Department.
“Modify,” as it is used herein, shall mean any change in or to an
existing sign, its face, electrical components, design and/or supporting
structures. A permit shall not be required for the following signs;
provided, however, that such signs shall be subject to any and all
applicable provisions of this ordinance, including Zoning Administrator
approval when required:
1. Nameplate signs, four (4) square feet or less in area, which shall
contain the name of the business and may contain any or all of
the following: street address, hours of operation and business
logo.
2. Street addresses.
3. Any sign four (4) square feet or less in area not otherwise
prohibited by this ordinance.
4. Repainting without changing wording, composition or colors; or
minor nonstructural repairs.
5. Temporary noncommercial signs.
6. Signs not visible from off-site public or private property.
7. Holiday signs permitted by subsection 6.08(Z).
8. Garage sale signs permitted by subsection 6.08(M).
9. Political signs.
Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 3 of 34 November 1, 2012
1752356.9
10. Window signs on the inside of a window.
11. Signs of less than eight (8) square feet placed on any church
property or any sign relating to church operations that is not
visible from an adjacent street or property.
12. Signs placed on any school property by the Fountain Hills Unified
School District.
13. [Reserved].
14. Signs that relate to a special event, except as required by
subsection 6.08(U).
15. Banners, balloons and pennants, except as required by
subsection 6.08(D).
16. Changes to a sign panel or copy on an existing sign.
B. Failure to conform to the conditions of a sign permit, including any
conditions and/or stipulations attached thereto by the Town Council
and/or Board of Adjustment, shall render such permit void.
C. Fees for sign permits shall be required and payable in such sums as
the Town Council may from time to time establish as part of the
Town’s annual budget or by separate resolution.
D. A sign permit does not include electrical work; however, this
exemption shall not be deemed to grant authorization for any work to
be done in violation of the provisions of the Fountain Hills Town Code
or any other laws or ordinances.
Section 6.04 Violations
Any of the following shall be a violation of this Chapter and shall be subject
to the enforcement remedies and penalties provided by the Town of Fountain
Hills Zoning Ordinance, and by state law, as applicable:
A. To install, create, erect or maintain any sign in a way that is
inconsistent with any plan or permit governing such sign or the zone
within which the sign is located.
B. To install, create, erect or maintain any sign requiring a permit without
such a permit.
Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 4 of 34 November 1, 2012
1752356.9
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);
Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 5 of 34 November 1, 2012
1752356.9
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) in a manner that would obscure vehicular visibility; or
(2) at any location where by its position, the shape or color of the sign
may interfere with or obstruct the view of, or be confused with, any
authorized traffic sign, signal or device.
D. Every sign permitted by this ordinance must be kept in good condition
and repair. When any sign becomes in danger of falling, or is
Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 6 of 34 November 1, 2012
1752356.9
otherwise deemed unsafe by the Town’s Chief Building Official, or if
any sign shall be unlawfully installed, erected or maintained in
violation of any of the provisions of this ordinance, the owner thereof,
or the person or firm using the sign, shall, upon written notice by the
Chief Building Official, or immediately in the case of immediate danger,
and in any case within not more than ten (10) days after notice:
(1) make such sign conform to the provisions of this ordinance; or
(2) remove the sign. If, within ten (10) days, the order is not
complied with, the Chief Building Official may remove or cause such
sign to be removed at the expense of the owner and/or user of the
sign.
E. Legal non-conforming signs.
1. Any sign legally existing at the time of the passage of this
Chapter that, due to changes in this Chapter, no longer conforms
in use, location, height or size with the regulations of this
Chapter, shall be considered a legal non-conforming use and
may continue in use until such time as it is removed or it is
abandoned for a period of six or more continuous months.
Except as otherwise set forth in paragraphs 6.07(E)(2) and (3)
below, any change in the sign, including a 50% or more change
of sign copy, shall be considered an abandonment and the legal
non-conforming status of the sign shall become void.
2. Whenever the name of a business or other sign text changes,
any legal non-conforming signs on the premises shall be
modified to bring them into conformance with this Chapter, even
though the change is a change of sign copy only. This paragraph
shall not apply to directory signs designed with interchangeable
letters or panels or to the text area of a monument sign.
3. Legal non-conforming freestanding signs, sign structures, poles
and other related equipment that have been abandoned or not in
use for more than six months shall be removed and the building,
land or site restored to its original state.
F. Unless otherwise specifically permitted pursuant to this Chapter, each
sign must be located on the lot for which it advertises, informs or
otherwise attracts attention.
G. Sign area is the sum of the areas of all permitted signs, except
directional signs, street addresses or safety signs (e.g., stop engine,
no smoking). Sign area shall be measured as follows:
1752356.9
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Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 8 of 34 November 1, 2012
1752356.9
Example Illuminated Sign Area
4. Number of sign faces:
One – Area of the single face only.
Two – If the interior angle between the two sign faces is forty-
five (45) degrees or less, the sign area is the area of one face
only; if the angle between the sign faces exceeds forty-five (45)
degrees, the sign area is the sum of the areas of the two faces.
Three or more – For any sign containing three or more faces, the
sign area shall be measured as the sum of areas of the all the
sign faces.
Example Sign Face Area
Three dimensional, sculptural or other non-planar signs – Sign
area will be the sum of the areas of the vertical faces of the
smallest polyhedron that will encompass the sign structure.
Than 45 Up to 45Greater
2 faces1 face
1752356.9
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Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 10 of 34 November 1, 2012
1752356.9
Example Midpoint of Sign
I. Signs not specifically authorized herein are prohibited, including, but
not limited to the following:
1. Neon signs, except as permitted in subsection 6.08(P).
2. Roof signs, or signs that project above the highest point of the
roofline, parapet, or fascia of the building.
3. Any sign emitting sound.
4. Any animated or moving sign, including televisions or signs with
streaming video.
5. Portable or mobile signs, except for sign walkers or as otherwise
specifically permitted.
6. Billboard signs.
7. Non-electrically illuminated signs.
8. Any non-public signs in public right-of-way or on public property,
except as otherwise specifically permitted.
9. All off-premise signs, except as otherwise allowed.
10. All banners, pennants, streamers, balloons, flags, searchlights,
strobe lights, beacons, inflatable signs, except as specifically
provided for in paragraph 6.08(D) below.
11. Any sign imitating an official traffic control sign and any sign or
device obscuring such traffic control signs or devices.
12. Temporary or portable signs within the Shea Boulevard right-of-
way.
Midpoint of SignMidpoint of Sign
Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 11 of 34 November 1, 2012
1752356.9
13. A-frame signs, except as provided in subsections 6.08(B),
6.08(M) and 6.08(Q).
J. The source of a sign’s illumination shall not be visible from any
adjacent residential streets or neighborhoods.
K. No sign shall be erected or placed within any center median or any
public sidewalk or bicycle path. The Town employees may remove any
sign located in these areas. Directional signs owned by the Town shall
be exempt from the regulations set forth in this Chapter.
L. [Reserved].
M. Signs mounted, attached or painted on trailers, boats or vehicles shall
be subject to the following:
1. Business or commercial vehicles displaying signage or
advertising as a normal part of business activity may be parked
in an off-street parking space adjacent to the business to which
the vehicle relates; provided, however, such off street parking
space shall not be located immediately adjacent to a street
frontage, except as permitted in paragraph 6.07(M)(2) below.
Vehicles that are visible from the public right-of-way shall not
remain in the same parking space for more than forty-eight (48)
consecutive hours.
2. One business or commercial vehicle of less than three and one
half (3.5) tons gross vehicle weight and displaying up to twelve
(12) square feet of signage may be parked in an off-street
parking space near the business to which the vehicle relates and
immediately adjacent to a street frontage. Portable signs shall
not be displayed on or in the vehicle. Said vehicle shall not
remain in the same parking space for more than forty-eight (48)
consecutive hours.
3. Trailers, boats or trucks larger than three and one half
(3.5) tons, displaying signage or advertising may not be parked
within any commercially zoned area within the Town that is
visible from any public street except while making deliveries or
providing services to a business within such commercially zoned
area.
Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 12 of 34 November 1, 2012
1752356.9
4. One business or commercial vehicle smaller than three and one
half (3.5) tons displaying signage or advertising as a normal part
of business activity may be parked in an off-street parking space
within a residential zone at the residence of the owner or lessee
of such vehicle unless otherwise prohibited by subsections
7.02(G) & (H) and 5.14(F) of this Zoning Ordinance.
5. Unless specifically permitted in subsections 6.07(M)(1)-(4)
above, signs mounted, attached or painted on trailers, boats,
motor vehicles or any moveable object placed on premises to
serve as additional advertising signage are prohibited.
N. Total aggregate sign area may be increased up to 25%, provided the
additional area is used to display a Town-provided logo or symbol.
Section 6.08 Signs Allowed or Required
Legend: Letters A - BB indicate the following subsection with
additional requirements or clarification of the signs listed in the
table below. N/A means not allowed.
Zoning District
Commercial
Residential/
Open Space
Recreation
Industrial Lodging
Total Aggregate Sign Area A 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
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
Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 13 of 34 November 1, 2012
1752356.9
Zoning District
Commercial
Residential/
Open Space
Recreation
Industrial Lodging
Multi-Tenant Building
Identification Signs O N/A O O
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
* 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. In all commercial and industrial zoning districts, the total
aggregate sign area allocable to any ground floor business
having an external business entrance shall not exceed the
greater of fifty (50) square feet or two (2) square feet per lineal
Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 14 of 34 November 1, 2012
1752356.9
foot of building frontage, but in no case more than one hundred
(100) square feet.
3. In all commercial and industrial zoning districts, any licensed
business located above the ground floor in a multi-story building
having an external building wall facing a public street shall be
permitted exterior signage with a total aggregate sign area not
to exceed fifty (50) square feet. A business occupying more
than one floor is only allowed a sign on one floor.
4. Businesses within any commercial or industrial zoning district
having only an internal business entrance and no external wall
facing a public street or public access driveway shall be limited
to business identification signage on a common directory sign as
shown on a comprehensive sign plan, as set forth in subsection
6.08(BB) unless otherwise approved by the Zoning Administrator
or an authorized designee.
5. Ground floor businesses having building frontage greater than
one hundred (100) feet in length may increase their allowed sign
area by 0.5 square feet per one (1) lineal foot of building
frontage in excess of one hundred (100) feet. Such additional
sign area shall be for the exclusive use of said business and not
transferable or reallocable to other businesses on the site.
B. A-Frame Signs are allowed as follows:
1. Only businesses that are physically located within Town
commercial or industrial zoning districts or churches in
residential zoning districts may display A-frame signs.
2. Businesses or churches permitted to display A-frame signs may
display a maximum of one such sign per street frontage. Such
signs shall be located in the manner required in
paragraph 6.08(B)(3) below, either on the same property as the
business or church, or on property immediately adjacent to the
business or church building as follows:
a. On property held in common by members of a property
owners’ association.
b. On property owned by the business owner’s landlord.
Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 15 of 34 November 1, 2012
1752356.9
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 in a manner that poses a traffic
vision hazard. Signs may not be located within the sight
triangle as defined in the Town of Fountain Hills
Subdivision Ordinance Section III, Exhibit 16.
d. A-Frame signs must be placed at least 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 A-Frame signs shall
be placed on sidewalks or within the center medians that
divide portions of paved or unpaved roadways.
4. No sign may be greater than twenty-four (24) inches wide and
thirty-six (36) inches tall.
5. Signs shall be constructed of wrought iron; sheet metal; 1/8 inch
thick plastic; or of wood that is at least 3/8 inch thick. No other
materials are acceptable.
6. Signs must be manufactured by a professional sign company.
7. Signs shall be in good repair.
8. Attachments to signs are limited to balloons flown no higher than
six (6) feet from the ground. If attachments are used, the A-
Frame sign must be set back from the curb a minimum of three
(3) feet; if no curb is present, the A-Frame sign shall be located
at least three (3) feet from the edge of the paved portion of the
public right-of-way.
9. Landscaping cannot be modified or damaged to accommodate an
A-frame sign.
Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 16 of 34 November 1, 2012
1752356.9
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 Town for 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.
Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 17 of 34 November 1, 2012
1752356.9
6. Banners, balloons or pennants shall not be designed to depict
any product or service that cannot legally be provided in the
Town.
7. Total sign area including permanent signs, pennants and banner
signs shall not exceed 200% of the permitted sign area.
8. Banners, balloons or pennants shall be professionally
manufactured.
9. Banners, balloons or pennants shall not be displayed in the
required perimeter street landscaping.
10. Banners, balloons or pennants shall not obscure building address
numbers.
11. Banners, balloons or pennants shall not encroach within onsite
fire lanes.
12. Banners, balloons or pennants shall not be attached or hung on
or from a tree or shrub.
13. No balloon may be larger than twenty-four (24) inches in
diameter.
14. Balloons shall not be flown higher than six (6) feet from the
ground.
15. Banners, balloons and pennants shall not be erected at the
intersection of any street or pedestrian walkway in such a
manner as to obstruct free and clear vision, nor at any location
where, by its position, shape or color, it may interfere with or
obstruct the view of or be confused with any authorized traffic
signal, sign or device.
Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 18 of 34 November 1, 2012
1752356.9
*Town notification: Prior to the event, the event organizer must submit for review the
following:
1. Event site plan showing location of outdoor activities, signage, etc.
2. Dates and times the event will be held.
3. Name, address, and phone number of responsible person.
E. Civic organizations, such as the Kiwanis, Rotary, Jaycees, etc., may be
identified on group display structures in accordance with the following
standards:
1. Said structure must be on arterial streets.
TYPE OF EVENT SIGN TYPE
Banners Balloons &
Pennants
Banners,
Pennants &
Balloons
Grand Opening 30-Days
w/Permit
1. 12 Hrs during
one Day Event
2. No Permit
Necessary
Chamber Ribbon
Cutting
30-Days
w/Permit
1. 12 Hrs during
one Day Event
2. No Permit
Necessary
Change of Business
Name, Owner or
Management
30-Days
w/Permit
1. 12 Hrs during
one Day Event
2. No Permit
Necessary
Church Event 30-days
w/permit 1.Permit Required
Any Type of Event
- Seven (7) days
per month
- No Permit
Necessary
- Town
Notification
Required *
Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 19 of 34 November 1, 2012
1752356.9
2. Structures shall not be over six feet in height or exceed an area
of sixty (60) square feet.
3. Sign may not be illuminated.
4. Each civic organization shall be limited to a maximum sign area
of two square feet.
F. Signs for a contractor may be placed on a construction site if signs
meet the following criteria:
1. One contractor sign or banner per lot.
2. Subcontractors may not place additional signs but may be listed
on a main contractor sign.
3. Maximum size of sign shall not exceed eight (8) square feet.
4. Maximum height of five (5) feet.
5. Sign must be located on construction site.
6. Sign shall not be illuminated.
7. A contractor sign may be placed only during the period of time
when a building permit is valid and must be removed no later
than the date of final inspection.
G. A directory sign may be included as part of a comprehensive sign plan.
A directory sign is allowed with the following standards:
1. Maximum sign area of six (6) square feet.
2. Maximum height of six (6) feet.
3. Located behind the required front yard setbacks.
H. [Reserved]
I. Flags, as defined in this Zoning Ordinance, are allowed as follows:
1. Flags poles shall not exceed the maximum building height
allowed in each zoning district and shall be located and
Town of Fountain Hills Zoning Ordinance
Chapter 6
Page 20 of 34 November 1, 2012
1752356.9
constructed that if it should collapse, its reclining length would
be contained on the property for which it was installed.
2. Any flag flown in conjunction with the United States or State of
Arizona flags shall be flown beneath them.
3. Unless specifically permitted in this Zoning Ordinance, no more
one (1) flag may be flown or hung on any one (1) site or
structure; provided, however, that one (1) State of Arizona, one
(1) foreign national flag, and one (1) Fountain Hills Unified
School District flag may be flown in addition to the one (1)
permitted flag.
4. The maximum size of any corporate flags shall not exceed fifteen
(15) square feet, with no single dimension to exceed six (6) feet.
5. A sign permit is required to display any corporate flag and must
be included as part of the total aggregate sign area.
6. Display of the United States flag must meet all requirements of
the United States Flag Code, including national and local lighting
standards.
7. A model home that has a special use permit may use flags in
addition to the United States flag and State of Arizona flag, in
the following manner:
a. There can be no more than two (2) flags on the lot of one
model home and one (1) flag on each additional lot with a
model home located upon it, not to exceed five (5) total
flags.
b. The maximum size of any model home flag shall not
exceed eight (8) square feet.
c. Model home flags shall not be illuminated.
d. Flagpole shall not exceed twenty-five (25) feet in height.
8. No sign permits are required for flags unless otherwise noted.
9. The maximum size of a United States flag, State of Arizona flag
or foreign national flag shall be sixty (60) square feet. This limit
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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 file a written notification of
membership change and an amended sign district
agreement with the Zoning Administrator. Where a
sign district member moves out of the sign district or
closes its business, the portion of the shared
monument sign advertising that business must be
removed within thirty (30) days. The portion of the
sign dedicated to the vacating sign district member
shall be maintained with a blank panel.
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2. District Dissolution: If a sign district is dissolved, the
property owner(s) of the business block who were
participants in the sign district shall be required to
remove the shared monument sign unless.
i. A new sign district is formed to assume
responsibility for the shared monument sign
within thirty (30) days from the date of
dissolution of the old sign district; or
ii. The property owner upon whose property the
shared monument sign is located assumes
complete control over the shared sign
monument.
b. Limitations on Shared Monument Signs:
1. Height Restrictions:
i. Where the sign district contains four or fewer
businesses, the maximum height of the
monument sign shall be six (6) feet.
ii. Where the sign district contains five or more
businesses, the maximum height of the
monument sign shall be eight (8) feet.
2. Width may not exceed four (4) feet.
3. The area of the sign shall not exceed twenty-four
(24) square feet.
4. Sign Placement:
i. Signs may not be placed within the public
right-of-way.
ii. Signs must be at least one hundred fifty (150)
feet away from any other type of monument
sign.
iii. Signs must not be placed in a manner that
obstructs the vehicular sight lines and road
“clear zones” established by the Town Engineer
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in accordance with traffic engineering
standards.
5. The Zoning Administrator or authorized designee
may only approve the placement of a shared
monument sign in a manner other than as required
by this paragraph if a variance has been granted
pursuant to Section 2.07 of this Zoning Ordinance.
6. A minimum of two (2) square feet of landscaping per
one (1) square foot of the sign shall be provided at
the base of the shared monument sign.
c. In lieu of the formation of a sign district by business
owners, one or more owners of contiguous property that
contains more than one (1) business address may submit
an application for a shared monument sign.
8. Subdivision Identification Signs are allowed as follows:
a. Style, Height and Area. Subdivision identification signs
shall be monument signs with the following limitations:
1. Maximum height shall be six (6) feet.
2. Maximum area shall be twenty-four (24) square feet.
3. Maximum of one (1) sign located at each street
access to the identified subdivision.
4. Sign text shall be limited to the name of the
development or subdivision.
b. Sign Placement:
1. Sign shall not be located within the public right-of-
way without an encroachment permit.
2. Sign shall not be located so as to obstruct vehicle
sight lines and road “clear zones” established by the
Town Engineer in accordance with traffic engineering
standards.
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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.
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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.
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7. Maximum size shall not exceed four and one-half (4.5) square
feet.
8. Maximum height shall not exceed three (3) feet.
9. Signs may only be constructed of wrought iron, sheet metal,
plastic or of wood that is at least 3/8 of an inch thick.
10. Garage Sale signs shall not be attached to any utility pole or
box, light pole, street sign, bus shelter or any structure within
the public right-of-way.
N. Menu Boards orientated to the drive-through lane for a business are
allowed as follows:
1. Menu board signs shall be counted as a portion of the total
aggregate sign area.
2. One freestanding or wall mounted menu board is allowed per
business.
3. Menu board signs must be located no less than forty-five (45)
feet from any street property line.
4. Maximum area of twenty (20) square feet.
5. Maximum height of five (5) feet.
6. Minimum area of four (4) square feet of landscaping per one
square foot of freestanding sign shall be provided at the base of
the freestanding sign.
7. Speaker boxes and LED boxes are allowed as follows:
a. May not exceed thirty-six (36) cubic feet and four (4) feet
in height.
b. May not contain advertising of any kind.
c. When installed separately from menu board, speaker box
and LED box sign area will be calculated in addition to total
aggregate sign area.
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8. Placement of menu boards, speaker boxes and LED boxes must
meet the following guidelines:
a. Cannot be visible from any public street or alley.
b. Must be at least one hundred fifty (150) feet from any
residential zoning district or be fully screened from
residential view by a masonry wall.
O. Multi-Tenant Building Identification Signs are allowed as follows:
1. Sign shall be a wall sign and shall identify only the building or
complex.
2. The maximum number of signs for each building shall be one
sign.
3. Sign shall be placed on the wall of the building with major street
frontage.
4. Maximum area of sign is six (6) inches per lineal foot of building
wall with a minimum of twenty-four (24) square feet and a
maximum of forty (40) square feet. Lineal footage of building is
determined as defined in subsection 6.08(A).
P. Neon Signs are allowed only as follows:
1. Limited to interior window display only (may not be used on
exterior of building).
2. The total amount of neon signage for any one business shall be
six (6) square feet.
3. No more than two (2) neon signs shall be allowed for any
business.
Q. Open House Directional Signs are allowed only as follows:
1. Open house directional signs shall be used only to direct traffic
to a residence for sale, lease or rent.
2. Maximum number of directional signs for each residence for sale,
lease or rent shall be five (5).
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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 by a professional sign company.
10. Signs shall not be located within one hundred (100) linear feet of
any sign advertising the same location.
11. Sign placement, other than as described above, may be
approved by the Zoning Administrator or authorized designee.
R. 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.
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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 in a primary election are permitted to leave their respective
political signs in place until ten (10) days after the general election, or
if necessary, until ten (10) days after a run-off election.
S. Projecting Signs are allowed only as follows:
1. Must be included in the total aggregate square footage.
2. Shall only be permitted if signs are affixed to a building.
3. Shall not exceed three and one-half (3.5) feet in width or more
than six (6) feet in height.
4. Shall be located so that the bottom of the sign is not less than
eight (8) feet from the ground.
5. Shall require both a Town sign permit and, if encroaching over
an abutting Town right-of-way line, a revocable Town
encroachment permit or other Town Council–granted
authorizations in forms approved by the Town Engineer and the
Town Attorney.
T. Real Estate Signs are allowed as follows and are exempt from the total
aggregate signage:
1. Real estate signs may only advertise the sale, leasing or renting
of a building, dwelling, suite, property, or other forms of real
estate.
2. Real estate signs must be non-illuminated.
3. Maximum sign area of six (6) square feet.
4. Maximum height of five (5) feet.
5. Signs must be made by a professional sign company.
6. No A-Frame signs allowed.
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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 of a comprehensive sign
plan and must meet the following requirements:
1. All under-canopy signs require written property owner and Town
approval prior to installation.
2. Each business may be allowed one double-faced non-illuminated
sign installed under an overhanging canopy or fascia
perpendicular to the front of the tenant’s front wall space.
3. Maximum sign width shall not exceed twenty-four (24) inches.
4. Maximum sign height shall not exceed twelve (12) inches.
5. Minimum clearance shall be not less than eight (8) feet six (6)
inches from the bottom of the sign to the sidewalk or surface
beneath the sign.
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6. In no case shall any object, banner, sign or other material be
attached to, or hung from the sign.
7. No under-canopy sign shall be mounted in a manner that will
impede pedestrian or vehicular visibility or create any hazard.
8. The sign area for the first under-canopy sign shall be excluded
from the total aggregate area of a comprehensive sign plan.
Businesses with multiple public entrances may be allowed one
additional under-canopy sign, subject to property owner and
Town approval, but the sign area of the second under-canopy
sign will be counted as a part of the business’s total aggregate
sign area.
9. Under-canopy signs on property under unified ownership and
control shall be consistent in appearance.
W. Wall Signs count as a part of the total aggregate signage and are
allowed as follows:
1. One square foot per each lineal foot of building frontage.
Frontage is determined by the measurement of the portion of
the building facing the street not to exceed aggregate square
footage allowed. Corner buildings may include two street
frontages if the frontages are joined at an angle between forty-
five (45) and ninety (90) degrees. However, the total sign area
that is oriented toward a particular street may not exceed 125%
of the portion of the lot’s total sign area allocation that is derived
from the building frontage on that street. Building frontages
that contain angles of less than forty-five (45) degrees or
between ninety (90) and one hundred eighty (180) degrees shall
be considered to be one frontage.
2. Sign area must allow a minimum two (2) foot border from edge
of the building or suite frontage, or a minimum two (2) foot
separation between signs, whichever is less.
3. Each wall sign may project no more than twelve (12) inches
from the surface of the wall to which it is attached.
4. Reverse pan channel letter with halo illumination must not
exceed a one and three-quarter (1.75) inch separation from the
wall.
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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 by a professional sign company.
Y. Window decorations/painting with a holiday theme are allowed as
follows:
1. Holiday decorations may be displayed on a temporary basis for
civic, patriotic or religious holidays.
2. The combination of window decoration/painting coverage and
signage must not exceed 75% of window area.
3. Window decoration shall not contain any form of advertising
copy, including but not limited to, name of business, logo or sale
language.
4. Sign permit is not required.
Z. Comprehensive Sign Plans shall meet all sign criteria of the Town. The
following elements are required for approval:
1. Name, address and phone number of property owner or
designee.
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2. Written text clearly outlining the sign plan to include all suites,
offices or other leased/leasable space.
3. Name and address of property for which the comprehensive sign
plan is designated.
4. Design criteria allowed for signage (i.e. colors, installation
method, materials, type of signage, etc.). If it is the intention of
the property owner to allow Nationally Recognized Registered
Logos, this must be specified in the plan.
5. Site plan showing all lot dimensions, suites, offices or other
leased/leasable space and proposed/existing signage placement
(drawn to scale).
6. Elevations showing proposed sign envelopes.
7. Lineal footage of building(s) as outlined in subsection 6.08(A).
8. Allocation chart showing allowable square footage for each suite,
office or space number.
9. Comprehensive sign plan amendments must be made in writing
and submitted, reviewed and approved by the Zoning
Administrator or authorized designee.
10. Comprehensive sign plan approval/denial may be appealed to
the Town Council.
AA. Street Addresses:
1. Every building or group of buildings within any commercially or
industrially zoned area must be identified by a street number
that is clearly visible from the adjacent street. This sign shall
not be computed as part of the total sign area permitted for any
site or business.
2. The street number (or number range) of the businesses or
business complex identified on a monument sign shall be
displayed at the top of the text area of the monument sign and
shall not be computed as part of the aggregate sign area.
BB. Sign Walkers, in commercially zoned districts only, subject to the
following time, place and manner limitations:
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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.