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HomeMy WebLinkAboutRes 2021-02 B RESOLUTION NO.2021-02 3 A RESOLUTION OF THE MAYORAND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED "2021 SIGN ORDINANCE" ENACTMENTS: NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1.That certain document entitled "2021 Sign Ordinance"of which one paper copy and one electronic copy maintained in compliance with ARS 44-7041 are on file in the office of the Town Clerk and open for public inspection during normal business hours, is hereby declared to be a public record, and said copies are ordered to remain on file with the Town Clerk. PASSED AND ADOPTED by the Mayor and Council of the Fountain Hills, Maricopa County, Arizona, this 18th day of May, 2021. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: ciel----*/ Gin Dickey,tayor Elizab . Klein, Town Clerk 6C�L REVIEWED BY: APPROVED AS TO FORM: •61,(4.X For Grady /fl 1fer Grady E. Miller, Town Manager on . Arnson, Town Attorney RESOLUTION 2021-02 PAGE 2 EXHIBIT A 2021 Sign Ordinance Chapter 6 SIGN REGULATIONS Sections: 6.01 Introduction 6.02 Definitions 6.03 Building Permits; Fees 6.04 Violations and Penalty 6.05 Enforcement and Remedies 6.06 Sign Plans 6.07 General Regulations 6.08 Sign Requirements and Allowances I Town of Fountain Hills Zoning Ordinance Section 6.01 Introduction The regulations set forth in this Chapter are intended to encourage attractive signage for businesses and services, optimize the availability of information, and promote the general welfare by creating a more aesthetically appealing community. A. Findings and Purpose 1. Findings. Signs can obstruct views, distract motorists, obstruct pedestrians or vehicular traffic flow, create safety hazards, create aesthetic blight and visual clutter, and pose other problems that legitimately call for regulation. 2. Purpose. The purpose of this Sign Ordinance is to regulate the size, illumination, movement or appearance of movement, materials, location, height, and condition of all signs, as defined herein, and to allow and promote sign communication in a manner that: a. Preserves and protects public health, safety, and welfare within the Town of Fountain Hills; b. Assures the use of a variety of sign forms designed to be sensitive to the context of the location, as a reasonable method of visual communication between groups and individuals; c. Enhances the flow of traffic and the convenience, ease, and enjoyment of travel within the Town of Fountain Hills; d. Restricts circumstances that otherwise may result in injury or damage because of distractions, or obstructions of vision attributable to sign placement or size, or to the illumination of signs that may become a source of undue glare, distraction, or light pollution; e. Avoids visual clutter that may contribute to traffic accidents or be harmful to vehicular traffic or pedestrian safety; f. Promotes the aesthetic and environmental values of the community by providing for signs that do not impair dark skies, property values, business opportunities, community appearance, or the attractiveness of the Town as a place to visit, live, work, and shop; g. Allows signs that are appropriate in scale to the zoning district in which they are located; h. Provides for signs as an effective channel of communication, while ensuring that sign forms are aesthetically designed and proportioned in relation to adjacent structures on the same lot or development site, and that are compatible with their surroundings; Promotes the effectiveness of signs by preventing their overconcentration, improper placement, deterioration, and excessive size and number; and, j. Supports and enhances commerce within the Town. RESOLUTION 2021-02 B. Applicability 1. Subject of this Sign Ordinance. All signs as defined in this Sign Ordinance are subject to the provisions of this Sign Ordinance as it pertains to: a. The allowance of signs (principally the number, form, material, size, and structure of signs); b. The review and consideration of sign plans and permits; c. The entitlement and issuance of permits; d. The location and placement of signs on all buildings, structures, and land; e. The integration of the design of signs with associated building architecture; and, f. The maintenance of signs. 2. The provisions of this Sign Ordinance do not apply to the following: a. Address numbers as required by the Fire Code; b. Government signs; c. Traffic control signs, markings, devices; d. Signs authorized or required by Arizona Revised Statutes; e. Public transportation signs; and, f. Signs specified as mandatory by any provision of the Fountain Hills Town Code. 3. Most Restrictive Provision Applies. Except when otherwise authorized by a Special Use Permit, Temporary Use Permit, or Variance, the most restrictive provision shall prevail in cases in which two or more provisions of this Sign Ordinance appear to conflict. 4. Controlling Document. This Sign Ordinance is not intended to repeal, abrogate, annul, or in any way impair or interfere with other Town provisions, allowances, or ordinances, except those specifically repealed by this Sign Ordinance. Where this Sign Ordinance imposes a greater restriction on a sign than is imposed or required by other Fountain Hills Town Codes, provisions, allowances, or ordinances, the provisions of this Sign Ordinance control. 5. Definitions Used. Definitions for specific terms used in this Sign Ordinance are principally found in Section 6.02 of this Sign Ordinance. Additional definitions are also provided in Chapter 1 of the Zoning Ordinance and in the Fountain Hills Town Code. Definitions not included in this Sign Ordinance, the Zoning Ordinance, or the Town Code should be given their plain and ordinary meaning where possible. 6. Effect on Previously Approved Sign Permits and Comprehensive Sign Plans. All sign permits and comprehensive sign plans approved and in effect prior to the effective date of this Sign Ordinance shall remain in effect. Signs authorized by such comprehensive sign plans shall be developed in accordance with the standards specified by that sign plan and any applicable conditions or stipulations associated with the approval of that sign plan. The development standards and requirements of this Sign Ordinance apply if not specifically modified by the applicable adopted sign plan. The Zoning Administrator may approve minor modifications to approved plans regarding design, RESOLUTION 2021-02 height, number, or sign area that do not exceed the maximum(s) allowed by this Sign Ordinance. C. Repeal and Severability 1. If any section, subsection, paragraph, sentence, clause, or phrase of this Sign Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Sign Ordinance. The Town of Fountain Hills hereby declares that it would have passed this Sign Ordinance, and each section, subsection, sentence, clause, and phrase thereof, regardless whether any or one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. 2. Effect on Previous Proceedings. Nothing contained in this Sign Ordinance affects rights and duties that matured, penalties that were incurred, and proceedings that began before its effective date, notwithstanding the provisions of subsection C. 1. of this Section. D. Consent of Property Owner Required. Unless otherwise permitted, no person shall construct, place, display, or maintain any sign without the written consent of the property owner, the property owner's agent, or an authorized representative. E. Noncommercial Message Substitutions Allowed. Notwithstanding any other provisions of this Sign Ordinance to the contrary, any noncommercial message may be substituted for the message placed on any sign permitted by this Sign Ordinance. F. Responsible Party 1. Posting Sign. The person, group, or organization directing the posting, installation, or erection of a sign is responsible for assuring the compliance of the sign with the requirements of this Sign Ordinance. This includes the placement, removal, maintenance, replacement, or alteration of the sign, as may be applicable. 2. Owner or Occupant. If the person directing the posting, installation, or erection of the sign does not remove, maintain, replace, or alter the sign in accordance with the requirements of this Sign Ordinance, then the property owner or occupant of the building where the sign is posted is responsible for either replacing the sign with a sign that complies with this Sign Ordinance or removing the sign. Section 6.02 Definitions I RESOLUTION 2021-02 A-frame or T-frame: A self-supporting, temporary, lightweight, portable sign made of durable, non-pliant material such as wood, sheet metal, or plastic that is designed to rest atop the ground without penetrating the ground. 0E30 i EXPO TNT WAY NI 1 Awning or Canopy: A permanent sign that is applied to, placed on, affixed to, or painted on an awning or canopy. ,. . or ' i'i 1 iliii__. si , .0 � ,r;� -- M�aB .7 ; ' , „ ., , , , . .. ,,,,"_ _ _ fi, , . Balloon: A temporary sign professionally made from a bag or similar flexible, non-rigid enclosure that holds gas or air and is attached by a tether to a fixed place. t_ '• 4, . 0 * 410 . . . . ..,,,,, 0 . - ifb:+= Banner Sign: A temporary sign made of canvas, plastic, vinyl, or other pliable material attached to a wall, frame, stakes, or other support structure by at Ileast the four corners of the banner. RESOLUTION 2021-02 FIRST MON111 FREE Kirrin FULL COLOR, SiCiNSTAND BAN 889 STORAGE EXiR,. Building wall sign: A permanent sign mounted flat against or painted on the wall of a building with the exposed face of the sign in a plane parallel to the face of the wall. 1111 Drive-through Sign: A permanent, freestanding sign adjacent to a drive- through, typically placed in or near an area where orders are taken from occupants of a vehicle. KPG,L00135014 KY vr.:evn.._1n Electronic Message Centers: A permanent sign that is capable of displaying alternating, variable, or changeable copy that is electronically changed by remote or automatic means. RESOLUTION 2021-02 _ ,_ r 1 9 t IFIRE C s-. LED SIGN SUPPLY Feather or Flag Banner: A temporary sign made of fabric or vinyl attached to a pole on one side. ; �°t � p 141 ir. iiP :4'''''4"V'' ;,',,,,, .=-. Flag: A fabric sheet of square, rectangular, or triangular shape that is designed to be mounted by a cable or rope to a pole at one end. Freestanding Wall/Fence Sign: A permanent sign that is applied to, placed on, affixed to, or painted on a wall or fence that is not part of the building(s) on the property. ) 411 , , - DANA RANCH VILLAS Hanging or Under-Canopy Sign: A permanent sign suspended from and located entirely under a covered porch, covered walkway, awning, or canopy. RESOLUTION 2021-02 Fountains iew Cafe 4 RYebY Ship nkp . f �1 k t I R Ye I Monument Sign: A permanent sign mounted on or incorporated into a solid, self-supporting base that is not part of a building or wall. er ' SPINECARE I Ind le bi t it 1j. 1' 75. Off-site Sign: A sign portraying information or directing attention to a business, activity, commodity, service, product, or event that is not conducted, sold, or offered on the premises upon which the sign is located. Includes signs commonly referred to as "Billboards." On-site Directional: A small permanent sign located adjacent to a driveway or drive aisle. Y [ puti Post and Board Sign: A temporary sign constructed of plywood, sheet metal, thick plastic, or similar material attached to one or two posts fixed in the ground. RESOLUTION 2021-02 OPEN NDugE la CONSTRUCT ON,INC. F 0 R ROOFING.SIDING al, &GUTTERS -1. SALE 555-555-ROOF Permanent Sign: A sign made of durable material that is intended to be and is constructed in a manner that is permanent. Such a sign may be either attached or anchored to a building or wall or have its own foundation and structural supports. When detached from a building, permanent sign structures are constructed of durable materials such as brick, stone, metal, concrete, or related materials. Projecting Sign: A permanent sign attached to a building in a manner such that its face is not parallel to the building to which it is attached. L '; A N / 1 Residential Directional Sign: A-frame, T-frame, or yard signs used to direct traffic to a home. ESTATE HOUSE SALE _ ' OPEN � � Real Estate Roof Sign: A sign affixed on, above, or over the roof of a building so that it projects above the roofline. The top of a parapet wall shall be considered the roofline. The highest point of a mansard roof shall be considered the roofline. Where a parapet wall is combined with a mansard roof, the roofline shall be the top of the parapet. I I RESOLUTION 2021-02 Sign: Any device placed to attract attention by providing identification, advertising or directional information for a business, service, product, person, organization, place, or building when the display of this device is visible beyond the boundaries of the public or private property upon which the display is made. Included in this definition are graphic devices such as logos and attention-attracting items such as banners or logo sculptures. Sign Copy: The letters, numerals, figures, symbols, illustrations, logos, and graphic characters used to make up the sign message. Temporary Sign: A sign constructed of fabric, canvas, vinyl, foam-core, plywood, sheet metal, or plastic that is neither permanently installed in the ground nor permanently affixed to a building or structure and that is intended to serve a short-term or temporary condition. Temporary signs include signs resting atop the ground, or affixed to the ground by a temporary anchoring system, including, but not limited to, stakes, ballasts, or by being embedded in the ground (for large temporary signs). Vehicle Sign: A sign painted, attached, or affixed to a trailer, watercraft, truck, automobile, or other form of motor vehicle. fp d JOIN f ,, -, ` "' MAGNETIC ' ¢. CAR SIGNS ' REMOVABLE&REUSABLE tip f Window Sign: Any poster, cut-out letters, painted text or graphics, or other text or visual presentation affixed to, or located within six (6) feet behind a window pane and placed to be read from the exterior of a building. Such signs may be permanent or temporary. , r• Fwm➢ty Gate m SALE r a � > � s si _ 50 "4 I __ ,it; h:�.f Yard Sign: An easily portable temporary sign up to six (6) square feet in size that can be implanted in the ground without use of tools. 1 I RESOLUTION 2021-02 Wit.i. . . Another Jc t done by . ESTATE in Cp%67AUCigM MA�.4.:E TENA NC RC3V, , SALE __ fdA1MENFNC_ trik CONTRACTING CORP. '"ewxrn`"i s 3v: ti ' 718.3312065•646 4071 7466 : Section 6.03 Building Permits; Fees A. Except as provided herein, it shall be unlawful to erect, install and/or modify any permanent sign within the Town without first applying for and obtaining a building permit from the Development Services Department. "Modify," as it is used herein, shall mean any change to: 1. The size or shape of an existing sign; 2. Electrical components; 3. Design; and/or, 4. Supporting structures. B. A building permit shall not be required for the following activities or types of signs, provided, however, that such signs shall be subject to any and all applicable provisions of this ordinance, including Zoning Administrator approval when required: 1. Street address numbers. 2. Any sign four (4) square feet or less in area not otherwise prohibited by this ordinance. 3. Repainting. 4. Minor, nonstructural repairs to signs or sign supports. 5. Temporary signs, except banner signs. 6. Window signs. 7. Changes to a sign panel or copy on an existing sign. C. Failure to conform to the conditions of a building permit, including any conditions and/or stipulations attached thereto by the Town Council and/or Board of Adjustment, shall render such permit void. D. Fees for building permits shall be required and payable in such sums as the Town Council may from time to time establish as part of the Town's annual budget or by separate resolution. E. A building permit for a sign does not include electrical work (a separate building permit application is needed for electrical work); however, this exemption shall RESOLUTION 2021-02 not be deemed to grant authorization for any work to be done in violation of the provisions of the Fountain Hills Town Code or any other laws or ordinances. F. Building permit applications for signs shall include sufficient information regarding the size of the property, the building, and the tenant occupancy; the dimensions and size of each sign; sign height and location; lighting, including information needed to determine compliance with Chapter 8, Outdoor Lighting Control, of the Zoning Ordinance; materials used; and, other pertinent information as needed to evaluate the proposed sign for compliance with this ordinance. Section 6.04 Violations and Penalty A. Any of the following shall be a violation of this Sign Ordinance 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: 1. 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. 2. To install, create, erect or maintain any sign requiring a permit without such a permit. 3. To fail to remove any sign that is installed, created, erected or maintained in violation of this ordinance, or for which the building permit has lapsed. B. If any such violation is continued, then each day of a continued violation shall be considered a separate violation when applying the penalty provisions set forth below. C. The violations set forth in Section 6.04 are declared to be civil in nature. The responsible parties for enforcement purposes are: 1. The owner or operator of the business identified on the sign, and 2. The owner of the property to which the sign is directing pedestrian or vehicular traffic. D. 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: 1. First offense, fine not to exceed $50.00 and confiscation of sign(s). 2. Second offense within twelve (12) calendar months of first offense, fine not to exceed $100.00 and confiscation of sign(s). 3. All subsequent violations within twelve (12) calendar months of the first offense, fine not to exceed $250.00 and confiscation of sign(s). RESOLUTION 2021-02 Section 6.05 Enforcement and Remedies A. 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: 1. Issuing a civil citation for the violation; 2. Issuing a stop-work order for any and all work on any signs on the same lot; 3. Confiscation of sign(s); 4. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity; 5. Imposing any penalties that can be imposed directly by the Town under the Zoning Ordinance; 6. Seeking in court the imposition of any penalties that can be imposed by such court under the Zoning Ordinance; and 7. In the case of a sign that poses an immediate danger to the public health or safety, the Town may take such measures as are available under the applicable provisions of the Zoning Ordinance and Building Code for such circumstances. 8. The Town shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the Zoning Ordinance. B. 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 6.06 Sign Plans Sign plans may be used to establish unique signage criteria to a given property or for a combination of properties that function as an integrated commercial complex. A. Purpose. The purpose of a sign plan is to: 1. Allow for unique sign design based on the unique or unusual physical characteristics of a given property; 2. Provide the opportunity to adjust the balance of attached and detached sign allowances; 3. Encourage unified signage in commercial and industrial complexes; and, 4. Encourage creative design of signs. RESOLUTION 2021-02 B. Application Requirements. 1. A written request signed by the property owner(s) and payment of the required fee. 2. A written project narrative describing the proposed sign plan with any deviations from current code requirements being requested. 3. Graphic illustrations depicting, at a minimum: a. Proposed sign locations and sizes; b. The proposed signs include sign base/structure for detached signs; c. Type of illumination; and, d. Color and material boards for signs and sign structures. C. Review Criteria and Sign Design. 1. Review Criteria. The Zoning Administrator may approve a sign plan containing elements that exceed by up to ten (10) percent the permitted height and area of signs as specified in this Sign Ordinance if the sign plan conforms with at least one of the following criteria: a. The development contains unique or unusual physical conditions, such as topography, proportion, size, or relation to a public street that would limit or restrict normal sign visibility; or b. The proposed or existing development exhibits unique characteristics of land use, architectural style, site location, physical scale, historical interest, or other distinguishing feature(s) that represent a clear variation from conventional development; or c. The proposed signage incorporates special design features such as lighting, materials and craftsmanship, murals, or statuaries that reinforce or are integrated with the building architecture. 2. Creative Design. Applications for consideration of a sign plan should include creative design elements that incorporate the design of the sign into the architecture of the building. Signs which go beyond the minimum guidelines provided in Section 6.07 G by meeting the criteria below can increase their allowed sign area by an additional ten (10) percent. To qualify for the additional sign area, the sign shall: a. Constitute a substantial aesthetic improvement to the site and shall have a positive visual impact on the surrounding area; b. Be of unique design, and exhibit a high degree of thoughtfulness, imagination, inventiveness, and spirit; c. Utilize or enhance the architectural elements of the building; and d. Provide strong graphic character through the imaginative use of graphics, color, texture, quality materials, scale, and proportion. D. Approval. The sign plan shall be reviewed and approved by the Zoning Administrator. RESOLUTION 2021-02 Section 6.07 General Regulations A. Maintenance 1. Any sign hereafter erected or maintained shall maintain conformance to the provisions of this ordinance and the provisions of Town Code. 2. Every sign permitted by this ordinance must be kept in good condition and repair. 3. When any sign becomes in danger of falling, or is otherwise deemed unsafe by the Town's Chief Building Official, or if any sign shall be unlawfully installed erected or maintained in violation of any of the provisions of this ordinance, the property owner, or the person or firm using the sign, shall, upon written notice by the Chief Building Official, or immediately in the case of immediate danger, and in any case within not more than ten (10) days after notice: a. Make such sign conform to the provisions of this ordinance; or b. Remove the sign. 4. If, within ten (10) days, the order is not complied with, the Chief Building Official may remove the sign or cause the sign to be removed at the expense of the property owner and/or user of the sign. B. Sign Location, Prohibited Locations. 1. Except as specifically provided for in Section 6.08 for some temporary signs, signs shall be placed on the property for which the business, activity, commodity, service, product, or event is conducted, sold, or offered. a. In the case of condominium developments, the common area can be used for signage for any occupancy within the condominium. b. As provided in Section 6.06 commercial and industrial developments that have multiple properties that utilize a common access and parking field may utilize a sign plan to allow for common street frontage monument signs that provide signage for individual businesses in the development but not on the same property as the sign. 2. Prohibited Locations. Signs are prohibited in the following locations: a. Within, on, or projecting over the right-of-way, including within center medians, unless specifically provided for in this Sign Ordinance. b. On public property, unless otherwise permitted by this Sign Ordinance. c. Placed in a manner that interferes with pedestrian movement or obstructs ADA access. d. Placed in a manner that obstructs the visibility of any authorized traffic sign, traffic signal, or another traffic control device. e. Placed in a manner that blocks the vehicular line of sight at a street intersection, or the intersection of a street and driveway. RESOLUTION 2021-02 f. Affixed to fuel tanks, storage containers, or solid waste receptacles, except signs related to the manufacturer's or installer's identification, warning signs, and placards, and information otherwise required by law. g. Tacked, painted, burned, cut, pasted, or otherwise affixed to trees, shrubs, posts, ladders, benches, or similar supports if visible from across a property boundary or from the right-of-way. h. Placed in a manner that obstructs ADA access or prevents ingress or egress from any window or door, or other access-way required by the Building Code or Fire Code as adopted by the Town of Fountain Hills. i. Covers the architectural features of a building such as dormers, insignias, pilasters, soffits, transoms, trims, or similar architectural elements or devices. j. Placed on the roof of a building or extends higher than the highest point of the portion of the building to which the sign is attached. k. Attached to a standpipe, gutter, drain, or fire escape, or placed in a manner that impairs roof access. I. Located contrary to the standards of horizontal and vertical clearance from electrical wires and conductors as specified in the Building Code as adopted by the Town of Fountain Hills. m. Temporary signs within the Shea Boulevard right-of-way. C. Non-Conforming Signs. 1. Any sign legally existing at the time of the passage of this Sign Ordinance that, due to changes in this Sign Ordinance, no longer conforms in use, location, height or size with the regulations of this Sign Ordinance, shall be considered a legal non-conforming use and may continue in use until such time as it is removed or abandoned for a period of six or more continuous months. Except as otherwise set forth in subsections 6.07 C. 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 associated with the business shall be modified to bring them into conformance with this Sign Ordinance, even though the change is a change of sign copy only. This paragraph shall not apply to 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. D. Standards of Measurement 1. Sign Area Measurement. Sign area for all sign types is measured as follows: p RESOLUTION 2021-02 a. For sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed, the sign area is the area within the outside dimensions of the background panel or surface. Example Sign Copy Area CHEESE ' I}1G b. For sign copy consisting of individual letters and/or graphics affixed to a wall or portion of a building that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy, the sign area is the area within the sum of the one (1) or two (2) smallest tangent rectangle(s) or other standard geometric shapes (e.g.: circle, triangle, regular ellipse, regular rhombus, or regular parallelogram), or combination of rectangles and standard regular geometric shapes that will enclose both the sign copy and background. When two (2) shapes are used, the shapes must include at least one (1) point of common tangency between the two (2) shapes. Example Sign Area X, 1 0 ; Y2 OH' Sign Code X2 RESOLUTION 2021-02 c. For sign copy mounted or painted on an internally-illuminated sign or internally-illuminated element of a building, the entire internally-illuminated surface or architectural element that contains sign copy will be counted as sign area. Example Illuminated Sign Area x 0 1 __ d. Multi-faced signs: One face - The sign area is the area of the single face only. ii. Two faces - If the interior angle between the two sign faces is forty-five (45) degrees or less, the sign area is the area of one face only; if the angle between the sign faces exceeds forty-five (45) degrees, the sign area is the sum of the areas of the two faces. iii. Three or more faces - The sign area is the sum of areas of all the sign faces. Example Sign Face Area Greater lhan45° 1pto45° IP®0 SOP �� 00P f d a r �d pRa a Ir�� b e i4K 2 faces 1 face iv. Three dimensional, sculptural or other non-planar signs - the sign area will be the sum of the areas of the vertical RESOLUTION 2021-02 faces of the smallest polyhedron that will encompass the sign structure. Example Dimensional Sign Area Ca Go 2. Sign Height Measurement. Sign height is measured as follows: a. Freestanding Sign: Sign height is the distance from the top of the sign face or structure (except for architectural embellishment as provided below), whichever is taller, to the top of curb of the public road nearest the sign, or to the crown of public road nearest the sign if no curb exists. Example Freestanding Sign Height ilur TOP--C-C--711GitT CURS b. Wall or Fascia Mounted Signs: Sign height is the distance measured from a point perpendicular to the top of the midpoint of the sign structure, to the top of the finished floor of the ground floor level directly below the midpoint of the sign. RESOLUTION 2021-02 Example Midpoint of Sign Midpoint of 9gn ' 9 III Midpoint of 9gn i��iNNNirN�PNNN�Ni'�N�N �ili��NBNN�INNNNNNN�N�IN'���nu �' remmodmSI[2aFF f Finished floor beneath midpoint of Sign J E. Prohibited Signs. Signs not specifically authorized herein are prohibited, including, but not limited to the following: 1. Neon signs, except as permitted in subsection 6.08.A.16. 2. Any sign emitting sound. 3. Any animated or moving sign, including televisions or signs with streaming video. 4. Mobile signs, except for sign walkers or as otherwise specifically permitted. 5. Billboards. 6. Non-electrically illuminated signs. 7. Any non-public signs in public right-of-way or on public property, except as otherwise specifically permitted. 8. All off-site signs, except as specifically permitted. 9. All banners, pennants, streamers, feather signs, balloons, flags, searchlights, strobe lights, beacons, inflatable signs, except as specifically defined and permitted. 10. Any sign imitating an official traffic control sign and any sign or device obscuring one or more traffic control signs or devices. 11. Any sign which is structurally unsafe, unsafely installed, or otherwise hazardous to physical safety. 12. Signs not authorized by the property owner, except as specifically permitted. F. Illumination. 1. Temporary signs shall not be illuminated. 2. Sign illumination, where allowed, shall be in conformance with provisions of Chapter 8, Outdoor Lighting Control, of the Zoning Ordinance. 3. When externally illuminated, the source of a sign's illumination shall not be visible from any adjacent residential streets or neighborhoods. 4. No illuminated sign shall be placed or constructed on a vacant or undeveloped lot or parcel. 5. The following types of illumination are prohibited: RESOLUTION 2021-02 a. Flashing, blinking, or rotating lights; b. Metal halide lighting; c. High- or low-pressure sodium light bulbs; and, d. Mercury vapor light sources. 6. See Section 6.08 C. for luminance standards for electronic message centers. G. Design Guidelines and Standards for Signs and Sign Structures 1. Permanent signs and sign structures should: a. Be designed to be attractive and artistic; b. Incorporate design features associated with the buildings or structures, and should constitute an architectural component of the overall development that is compatible with, and not incongruous to, the architectural style and character of the development of the property associated with the sign; and, c. Utilize materials and design themes consistent with the architectural design theme of the development, as expressed by the building architecture, landscaping, and overall site development. 2. Permanent signs and sign structures: a. Shall be mounted so that the attachment device is not visible. b. Letters attached or anchored to the face of an exposed standard raceway should be architecturally designed and integrated into the building. c. Raceways shall either: i. Be finished to match the color of the building adjacent to the raceway and design elements of the building, or ii. When a raceway is provided as an architectural enhancement to the building elevation, the raceway must be in a contrasting color and material. 3. Temporary signs shall be made of durable materials and properly maintained in good repair. Section 6.08 Sign Requirements and Allowances A. Sign Types. The following sign types are allowed in Fountain Hills. 1. A-frame and T-frame signs. a. Zoning/Use: i. Single-family and multi-family residential zoning districts only when in compliance with Section 6.08 D. ii. Commercial or industrial zoning districts; and, iii. PAD's with commercial or industrial uses. RESOLUTION 2021-02 b. Size/Height: Maximum sign area is six (6) square feet. Maximum sign height is three (3) feet. c. Number: In single-family and multi-family districts, as allowed by Section 6.08 D. ii. One per business in commercial or industrial districts. d. Location: Shall not be used as an off-premises sign, except when used as a Residential Directional Sign or as provided below: On property held in common by members of a property owner's association. ii. On property owned by the business owner's landlord. iii. Along a public street subject to: 1. Shall not be located on the paved portion of any public street, any sidewalk, or in any median. 2. Shall not be located within a designated parking or loading area. 3. Shall not be located in a manner that poses a traffic vision hazard. 4. Shall not be located within a public right-of-way. iv. Landscaping cannot be modified or damaged to accommodate an A-frame sign. e. Miscellaneous requirements: Attachments to A-frame signs are limited to not more than four (4) balloons or flags, no more than one (1) square foot in size, flown no higher than six (6) feet from the ground. 2. Awning or Canopy Sign. a. Zoning/Use: Permitted non-residential uses in a residential zoning district; ii. An apartment building in a multi-family zoning district; iii. Commercial or industrial zoning districts; and, iv. PAD's with similar uses. b. Size/Height: A sign placed on the side or face of an awning or canopy may not exceed 25% of the area of the face of the awning or canopy on which the sign is placed. ii. A sign placed on top of a canopy may not exceed one (1) sq. ft. of area for each linear foot of the length of the canopy on the side containing the sign for single occupancies and for the length of the occupancy for multiple occupancy buildings. c. Number: One (1) sign per occupancy. d. Location: On an approved canopy. e. Miscellaneous requirements: When placed on top of a canopy, must consist of individual alphanumeric characters only. 3. Balloons. a. Zoning/Use: RESOLUTION 2021-02 Permitted non-residential uses in residential zoning districts; ii. Commercial or industrial zoning districts; and, iii. PAD's with similar uses. b. Size/Height: No balloon shall be bigger than twenty-four (24) inches in diameter and can be no higher than six (6) feet from the ground. c. Number: N/A d. Location: When part of a business, within the area leased by the business. ii. When adjacent to a building, not more than four (4) feet from the face of the building and within twenty (20) feet of the main building entrance. iii. When attached to an authorized temporary sign, in locations where the temporary signs are permitted. iv. Shall not be displayed within the perimeter landscape area. v. Shall not encroach within onsite fire lanes. vi. Shall not be attached to or hung from a tree or shrub. vii. Shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, or at any location where, by its position, shape or color, it may interfere with or obstruct the view of or be confused with any authorized traffic signal, sign or device. e. Miscellaneous Requirements: Balloons must be tethered to a secure location that prevents high winds from removing the balloon or causing it to create an obstruction. ii. May be displayed for a maximum of thirty (30) days per calendar year. Additional days may be approved through approval of a Temporary Use Permit. 4. Banners. a. Zoning/Use: Permitted non-residential uses in residential zoning districts; ii. Apartment complexes containing more than twenty (20) units in multi-family or commercial zoning districts; iii. Commercial or industrial zoning districts; and, iv. PAD's with similar uses. b. Size/Height: Maximum sign area shall be thirty-two (32) square feet. c. Number: One (1) per occupancy. d. Location: Within the area owned or leased by the business or use. ii. Shall not be displayed in any parking space, drive aisle or the required perimeter landscape area. iii. Shall not encroach within onsite fire lanes. iv. Shall not be attached to or hung from a tree or shrub. RESOLUTION 2021-02 v. Shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, or at any location where, by its position, shape or color, it may interfere with or obstruct the view of or be confused with any authorized traffic signal, sign or device. e. Miscellaneous Requirements: A Banner Permit must be obtained from the Development Services Department prior to display of a banner sign. ii. Banners must be affixed to a secure location that prevents high winds from removing the banner or causing it to create an obstruction. iii. May be displayed for a maximum of thirty (30) days per calendar year. Additional days may be approved through approval of a Temporary Use Permit. 5. Building Wall Sign. a. Zoning/Use: Permitted non-residential uses in residential zoning districts; ii. Apartments complexes containing more than twenty (20) units in multi-family or commercial zoning districts; iii. Commercial or industrial zoning districts; and, iv. PAD's with similar uses. b. Size/Height: One and one-half (1.5) square-foot of sign area is allowed for each lineal foot of occupancy frontage along a street. All occupancies with an exterior wall are allowed a minimum of twenty-four (24) square feet of signage. The maximum allowed sign area for an individual sign is one hundred (100) square feet. ii. Corner buildings may transfer up to 25% of the area from one building frontage to the other if the angle of the building at the corner is between forty-five degrees (45°) and ninety degrees (90°). Each side of corner buildings with building frontages less than forty-five degrees (45°) and between ninety degrees (90°) and one hundred eighty degrees (180°) shall be considered as one frontage and may not transfer sign area. iii. Sign area must allow a minimum of a two (2) foot border from the edge of the building or suite frontage, or a minimum two (2) foot separation between signs, whichever is greater. c. Number: One sign for each fifty (50) feet of occupancy per street frontage, or portion thereof. d. Location: Shall not be located in manner that is prohibited in Section 6.07 B. 2. h - I. e. Miscellaneous Requirements: Each wall sign may project no more than twelve (12) inches from the surface of the wall to which is it attached. RESOLUTION 2021-02 ii. Reverse pan channel letters with halo illumination must not exceed a one and three-quarter (1.75) inch separation from the wall. iii. In the C-2, C-3, and TCCD zoning districts, a building wall sign may be added to a secondary entrance in addition to total aggregate sign area if the following criteria are met: 1. Sign area shall not exceed 25% of the primary total aggregate sign area. 2. The secondary entrance must not be visible from the main public entrance. 3. The secondary entrance must face a rear parking area, common area or public use frontage. 6. Drive-through Sign. a. Zoning/Use: Commercial or industrial zoning districts or PAD with similar uses. b. Size/Height: Maximum sign area shall be twenty (20) square feet. Maximum sign height is five (5) feet. c. Number: Maximum of one (1) per drive-through lane. d. Location: Within five (5) feet of a drive-through lane. ii. Cannot be readable from any public street or alley. iii. Must be at least one hundred fifty (150) feet from any residential zoning district or fully screened from residential view by a masonry wall. e. Miscellaneous Requirements: Minimum of four (4) square feet of landscaping per one (1) square foot of sign area shall be provided at the base of the sign. 7. Flags. a. Zoning/Use: Allowed in all zoning districts b. Size/Height: The maximum size of a flag is twenty-four (24) square feet in residentially zoned property or property zoned PAD with residential uses and sixty (60) square feet in all other zoning districts. ii. The maximum flagpole height is the height allowed in the zoning district and Section 5.07 B. of the Zoning Ordinance. c. Number: If hung from the side of a building, one (1) per unit or tenant space. ii. Each flagpole may contain up to two (2) flags. d. Location: Flag poles must be located so that if the pole should fall, it will remain on the property containing the pole. e. Miscellaneous Requirements: Developed single-family lots may contain one flagpole. ii. Model home complexes may have two (2) flagpoles on one (1) lot and one (1) flagpole on additional lots up to a maximum of five (5) flagpoles. RESOLUTION 2021-02 iii. All other properties may have up to two (2) flagpoles. iv. The length of the flag, which is the longer side of the flag that is perpendicular to the flagpole, shall not exceed one- third (1/3) of the in-ground pole height. v. May be hung on the side of a building only on national or state holidays. 8. Freestanding Wall/Fence Sign. a. Zoning/Use: i. Subdivision entry feature for single-family and multi-family developments in all residential zoning districts; ii. Commercial or industrial zoning districts; and, iii. PAD's with similar uses. b. Size/Height: Maximum sign area is twenty-four (24) square feet. Maximum sign height is six (6) feet. c. Number: One per development entry d. Location: Part of or attached to a perimeter wall surrounding a development. e. Miscellaneous Requirements: i. A minimum of two (2) square feet of landscape area per one (1) square foot of sign area shall be provided at the base of the sign. ii. Sign area may be back-lit such that the source of illumination is not visible; provided, however, that back-lit, non-opaque panels are not permitted. iii. The text area of the sign may be illuminated by fully shielded, ground mounted directional lighting. 9. Hanging or Under-Canopy Sign. a. Zoning/Use: Any commercial or industrial zoning district and PAD's with similar uses. b. Size/Height: Maximum sign width is twenty-four (24) inches, maximum sign height is twelve (12) inches. Minimum clearance is at least eight (8) feet from the bottom of the sign to the sidewalk or surface beneath the sign. c. Number: One (1) per occupancy d. Location: Under an awning or canopy associated with the business or activity. e. Miscellaneous Requirements: i. If located over an abutting Town right-of-way, must obtain an encroachment permit from the Town. 10. Monument Sign. a. Zoning/Use: i. Permitted non-residential uses in residential zoning districts; ii. Entry feature into a subdivision in single-residence zoning districts; iii. Apartment or condominium complex containing more than twenty (20) dwellings in multi-family zoning districts; iv. Commercial or industrial zoning districts; and, v. PAD's with similar uses. RESOLUTION 2021-02 b. Size/Height: Table 6.08 B: Size and Height Allowances for Monument Signs Zoning District Maximum Size Maximum Height Single Residential 32 sq. ft. 6 feet Multi-Residential 32 sq. ft. 8 feet Commercial/Industrial 50 sq. ft. for an individual 12 feet sign. c. Number: One monument sign per lot or parcel for each full three hundred (300) feet of street frontage. d. Location: Along a street frontage, but not within a public right-of- way. ii. Must be separated from any other monument sign on the same property by at least one hundred fifty (150) feet. e. Miscellaneous Requirements: A minimum of two (2) square feet of landscaping per one (1) square foot of sign area provided at the base of the sign. ii. Sign may be internally illuminated. iii. Sign area may be back-lit such that the source of illumination is not visible; provided, however, that back-lit, non-opaque panels are not permitted. iv. The text area of the sign may be illuminated by fully shielded, ground mounted directional lighting. 11. On-site Directional Sign. a. Zoning/Uses: Commercial or industrial zoning districts and PAD's with similar uses. b. Size/Height: Maximum sign area is four (4) square feet. Maximum sign height is five (5) feet. c. Number: As needed. d. Location: At least twenty (20) feet from a public street and within five (5) feet of a driveway or drive aisle. 12. Post and Board Sign. a. Zoning/Uses: Allowed in all zoning districts. b. Size/Height: Developed properties and undeveloped properties five (5) acres or less in size the maximum sign area is six (6) square feet. Maximum sign height is five (5) feet in residentially zoned property and eight (8) feet in non- residentially zoned property. ii. Undeveloped property more than five (5) acres in size maximum sign area is thirty-two (32) square feet. Maximum height is eight (8) feet. c. Number: One (1) sign per street front. d. Location: Shall not be located within the public right-of way. 13. Projecting Sign. RESOLUTION 2021-02 a. Zoning/Uses: Commercial or industrial zoning districts and PAD's with similar uses. b. Size/Height: Maximum sign width is three and one-half (3.5) feet. Maximum sign height is six (6) feet. Minimum clearance is eight (8) feet from the bottom of the sign to the sidewalk or surface beneath the sign. c. Number: One per building. d. Location: On the building outside the tenant space for which the sign is located. e. Miscellaneous Requirements: If encroaching over an abutting Town right-of-way line, must obtain an encroachment permit from the Town. 14. Sign Walkers. a. Zoning/Uses: Commercial or industrial zoning districts and PAD's with similar uses. b. Size/Height: Maximum sign area is five (5) square feet. c. Number: One sign per business. d. Location: If located in the right-of-way, a sign walker shall be positioned behind the curb, or, if no curb is present, ten (10) feet behind the edge of pavement. ii. Sign walkers shall be positioned so as to not obstruct vehicle sight lines and road "clear zones" established by the Town Engineer in accordance with traffic engineering standards. iii. Sign walkers shall not obstruct the free movement of pedestrians on sidewalks. iv. Sign walkers are not allowed in the medians of public or private streets. e. Miscellaneous Requirements: Sign walkers shall not erect or place tents, temporary structures, umbrellas, chairs or stools anywhere within the public right-of-way or on adjacent property. 15. Vehicle Sign: a. Zoning/Uses: Commercial and industrial zoning districts and PAD's with similar uses. b. Size/Height: N/A c. Number: N/A d. Location: Vehicle must be parked in an authorized location and in a lawful manner that is not distinct or different from the pre- determined parking area design. e. Miscellaneous Requirements: The vehicle must be operable and currently registered per Town Code. The primary purpose of the vehicle shall be in the operation of the business, e.g. transporting goods or providing services, and not displaying a sign. ii. Business or commercial vehicles displaying signage or advertising as a normal part of business activity may be parked in an off-street parking space adjacent to the RESOLUTION 2021-02 business to which the vehicle relates as far from the public right of way as possible. If the vehicle is visible from the public right-of-way it shall not remain in the same parking space for more than forty-eight (48) hours. iii. Unless otherwise permitted, signs mounted, attached or painted on trailers, boats, motor vehicles or any moveable object placed on premises specifically to serve as additional signage are prohibited; they shall not become additional, permanent freestanding signs. iv. No sign shall be erected or attached to any vehicle except for signs that are magnetically attached to or permanently painted or wrapped on the surface of a vehicle. 16. Window Sign: a. Zoning/Uses: Commercial or industrial zoning districts and PAD's with similar uses. b. Size/Height: May not cover more than fifty (50) percent of any window. c. Number: N/A d. Location: On a window or within six (6) feet behind a window when intended to be viewed from outside the building. e. Miscellaneous: May use neon signs for interior window displays in commercial and industrial districts. The total amount of neon signage for any one business shall be six (6) square feet. No more than two (2) neon signs shall be allowed for any business. 17. Yard Signs. a. Zoning: Allowed in all zoning districts. b. Size/Height: Maximum sign area is six (6) square feet in single- family zoning districts and eight (8) square feet in all other zoning districts. Maximum sign height is three (3) feet in single-family zoning districts and five (5) feet in all other zoning districts. c. Number: One (1) sign per lot. d. Location: Shall not be located within the public right-of-way. B. Electronic Message Centers. Electronic message centers (EMC) are permitted in commercial and industrial zoning districts, and for permitted non-residential uses in residential zoning districts consistent with the following requirements: 1. There shall be no moving or flashing green or red features that can be mistaken as traffic control devices 2. Each message on the sign must be displayed a minimum of eight (8) seconds. 3. EMC shall contain static messages only and shall not have movement, or the appearance or optical illusion of movement of any part of the sign structure, design or pictorial segment of the sign, including movement or appearance of movement or any illumination of the flashing, scintillating or varying of light intensity. 4. Message change is allowed through fade, dissolve, travel, or scrolling modes not to exceed two (2) seconds in transition. 5. When a business is closed, the sign may continue to be lit, but may only display a static message. RESOLUTION 2021-02 6. Nighttime allowances: From one (1) hour after official sunset until one (1) hour before official sunrise, the maximum luminance level of any EMC shall be 100 nits. 7. Measurement Criteria: The luminance of an electronic message center shall be measured with a luminance meter set to measure candelas per square meter (nits) traceable to a National Institute for Standards and Technology (NIST) standard and using accepted professional practices for measurement as established by the Development Services Director. 8. All permitted electronic message centers shall be equipped with a sensor or other device that automatically determines the ambient illumination and programmed to automatically dim according to ambient light conditions, or that can be adjusted to comply with the 100 nits maximum nighttime luminance requirement. 9. In the event a sign is found to be out of compliance with the luminance levels required by this ordinance, the sign shall remain off until the sign is brought into compliance. C. Temporary Sign Allowances. 1. The aggregate temporary sign allowances per occupancy are as follows: Table 6.08 D: Aggregate Temporary Sign Allowance by Use per Occupancy Use Maximum Total Maximum Number of Minimum Area for all Signs per Street Separation Temporary Signs Front Single-Family, attached 12 sq. ft. 2 N/A or detached Multi-Family, Office, Non- 32 sq. ft. 2 50-feet residential in a single- family district Commercial 48 sq. ft. 3 75-feet Industrial 64 sq. ft. 2 N/A 2. Construction on Undeveloped Property. Undeveloped properties with valid building permits may display one (1) temporary sign not to exceed eight (8) square feet in size and a maximum height of five (5) feet. The sign must be on the construction site. The sign must be removed no later than the date when the final inspection is completed. D. Residential Directional Sign. These temporary signs are allowed subject to the following requirements. 1. Allowed in all residential zoning districts and residential PAD's and along streets leading to the activity regardless of zoning. 2. Each single-family lot, condominium unit, or model home may place one (1) sign anywhere on the property. Further, each single-family home, condominium complex, or model home cluster may place one (1) additional sign at each turning movement beginning at the subject I RESOLUTION 2021-02 property out to a major street with a maximum of five (5) additional signs. 3. Shall not be located within the public right-of-way. 4. Miscellaneous Requirements: a. No sign may be attached to any utility pole or box, light pole, street sign, bus shelter, or any structure within the public right- of-way. b. Signs shall not damage any vegetation or rest against other objects or vegetation.