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HomeMy WebLinkAboutPZ.2012.1011.MinutesTOWN OF FOUNTAIN HILLS MINUTES OF THE SPECIAL JOINT SESSION OF THE FOUNTAIN HILLS TOWN COUNCIL AND PLANNING AND ZONING COMMISSION AND REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OCTOBER 11, 2012 Planning and Zoning Chairman Lloyd Pew opened the meeting at 5:30 p.m. TOWN COUNCIL ROLL CALL: Mayor Linda Kavanagh present Vice -Mayor Henry Leger present Councilmember Dennis Brown present Councilmember Cassie Hansen present Councilmember Ginny Dickey present Councilmember Tait Elkie present Councilmember Cecil Yates present Kenneth W. Buchanan, Town Manager present Paul Mood, Director of Development Services present Town Attorney Andrew McGuire present Ken Kurth, Street Superintendent present PLANNING & ZONING ROLL CALL: Chairman Lloyd Pew present Vice -Chairman Angela Strohan present Commissioner Richard Turner present Commissioner Mike Archambault present Commissioner Stan Connick present Commissioner Mike Archambault present Commissioner Eugene Slechta present Commissioner Steven Harris present Chairman Lloyd Pew opened the joint session. Mayor Linda Kavanagh congratulated and welcomed the reappointed Planning and Zoning Commission members Richard Turner, Angela Strohan, Stan Connick and Eugene Slechta and she introduced the newly appointed Planning and Zoning Commissioner Steven Harris. Chairman Lloyd Pew opened the discussion and turned the presentation over to Town Manager Kenneth W. Buchanan who asked Paul Mood, Director of Development Services to start the presentation in regards to a proposed pavement management program that will be presented to the APWA Town Council next month. Mr. Buchanan pointed out that Mr. Mood, Ken Kurth, Street Superintendent, or he would be available to answer any questions. Page 1 of 14 ITEM # 1- Discussion of street improvement town wide. Town Manager Ken Buchanan and Director of Development Services Paul Mood presented an update and provided a PowerPoint presentation on the street improvement issue. Paul Mood gave a presentation (See Exhibit "A" attached copy of his PowerPoint presentation). Mr. Mood proceeded to answer questions from the Town Councilmembers and Commissioners. Item # 2 — Discussion of the Downtown Theatre Project. Town Manager Ken Buchanan gave an update. Mr. Buchanan stated that the theatre project was a non-starter. Mr. Buchanan pointed out the agreement was approved by Town Council in February with acquisition of the land to occur by September. He added that the Town sent a 30 -day notice to the applicant last Monday that the Development Agreement had been terminated. (See Exhibit `B" attached) No questions or discussion ensued. Item # 3 — Discussion of the status of Economic Development policy. Town Manager Ken Buchanan gave a presentation regarding the proposed town's economic development policy. Mr. Buchanan spoke to the status of the Town's Economic Development policy. He pointed out that there were three initiatives (1) Business Attraction initiative (2) Tourist initiative and (3) The ® Strategic Plan to further the development of the downtown area. (See Exhibit "C" attached copy of the presentation). Mr. Buchanan stated that the three initiatives where being planned and would then be presented to the Town Council. Item # 4 — Planning and Zoning Chairman Lloyd Pew asked for any further questions or discussion, which there were none. Chairman Pew adjourned the meeting. The meeting adjourned at 6:09 p.m. TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION OCTOBER 119 2012 Chairman Lloyd Pew opened the regular meeting of the Planning and Zoning Commission at 6:30 p.m. followed by the Pledge of Allegiance and a moment of silence. Present for the meeting were the following members of the Fountain Hills Planning and Zoning Commission: Chairman Lloyd Pew, Vice -Chairman Angela Strohan, Commissioners Stan Connick, Richard Turner, Mike Archambault, Eugene Slechta, and Steven Harris. Also present were Director of Development Services Paul Mood, Town Attorney Andrew McGuire, Senior Planner Robert Rodgers, and Executive Assistant and Recorder of the Minutes Janice Baxter. Page 2 of 14 Ll ROLL CALL: Chairman Lloyd Pew present Vice -Chairman Angela Strohan present Commissioner Stan Connick present Commissioner Richard Turner present Commissioner Mike Archambault present Commissioner Eugene Slechta present Commissioner Steven Harris present Robert Rodgers, Senior Planner asked for nominations for Chairman of the Planning and Zoning Commission for the period beginning October 11, 2012 and ending October 10,. 2013. [An incorrect ending date was shown on the agenda noted as October 17, 2013, and brought to the attention of the Chairman before the meeting.] Commissioner Richard Turner nominated Lloyd Pew for reappointment for an additional year as Chairman of the Planning and Zoning Commission beginning October 11, 2012, through October 10, 2013. Lloyd Pew accepted the nomination and Commissioner Gene Slechta seconded the nomination. Robert Rodgers asked if there were any other nominations and hearing none, he closed the nominations and a vote was taken with all Commissioners in favor. Chairman Lloyd Pew asked for nominations for Vice -Chairman of the Planning and Zoning Commission. Chairman Lloyd Pew nominated Angela Strohan. Commissioner Mike Archambault seconded the nomination. Chairman Pew asked if there were any other nominations, and hearing none he closed the nominations and called for a vote for re -appointment of Angela Strohan as Vice -Chairman serving from October 11, 2012 through October 10, 2013. All were in favor. CALL TO THE PUBLIC Peter Bordow a Fountain Hills resident spoke to the issue of the proposed sign regulations. (See Exhibit «D» REGULAR AGENDA AGENDA ITEM #1 — CONSIDERATION of APPROVING the Planning and Zoning Commission Regular Meeting Minutes from September 13, 2012. Vice -Chairman Angela Strohan MOVED to approve the meeting minutes from the September 13, 2012, Planning and Zoning Commission Meeting, as presented. Commissioner Gene Slechta SECONDED. A roll call vote was taken and the MOTION CARRIED 6-0, with one abstention, Commissioner Stan Connick. Page 3 of 14 Chairman Lloyd Pew aye Vice -Chairman Angela Strohan aye Commissioner Stan Connick abstained Commissioner Eugene Slechta aye Commissioner Richard Turner aye Commissioner Mike Archambault aye Commissioner Steven Harris aye AGENDA ITEM #2 — CONTINUED CONSIDERATION of TEXT AMENDMENTS to the Zoning Ordinance to amend Chapters 12, 16, and 18. If adopted, the amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts. The amendment would also eliminate the requirement that outdoor seating areas be fenced if no alcohol is served and there are no public safety issues. Case Number Z2012-04; Ordinance 2012-05. Robert Rodgers, Senior Planner explained why this item was continued from the Planning and Zoning public hearing on September 13, 2012. Mr. Rodgers explained that during consideration, Commissioner Gene Slechta made a motion to amend the proposal so as to keep the special use permit requirement for outdoor seating areas in the C -C and C-1 zoning districts. That motion died for lack of a second. Mr. Rodgers continued to explain that Commissioner Richard Turner then moved to amend the proposal so as to keep the special use permit requirement in the C -C zoning district only. That motion failed on a 2-2 vote. Chairman Lloyd pew decided to continue the discussion to this meeting so that the entire Commission could participate in the discussion. This brought us back to the original question, which was staff's recommendation that the Commission forward a recommendation to Council to approve the proposed text amendment, as presented. Chairman Lloyd Pew asked for questions or a discussion concerning this recommendation. Commissioner Gene Slechta said he supported the spirit of the changes, including the possibilities of not requiring enclosures to the outdoor seating areas when alcohol was being sold. However, Commissioner Slechta reiterated his objections regarding neighborhood commercial zoning districts. Commissioner Slechta stated that there were two zoning districts that included in their definition two sentences that were not found in the others. Commissioner Slechta stated that those sentences were as follows: "Provide for services to the community, which was not detrimental to the integrity of the surrounding neighborhood" and "Particular attention was to be paid to the interface between commercial or professional uses and the residential uses within the same neighborhood" Commissioner Slechta continued to express that these two zoning districts, C -C and C-1 should continue to require special use permits for outdoor seating because they were so closely aligned with quiet, residential neighborhoods. Commissioner Slechta stressed that he felt that was not Page 4 of 14 C° unreasonable to provide the residential neighborhood surrounding neighborhood commercial zoning districts an opportunity to weigh in through the special use process. Commissioner Gene Slechta made a MOTION to continue to require a special use permit process for the C -C and C-1 zoning districts. Chairman Pew asked if there was a Second to the MOTION. Commissioner Richard Turner SECONDED for the purpose a discussion. Chairman Pew re -stated the MOTION as follows: Move to forward a recommendation to the Town Council to approve the proposed text amendments to Chapters 12, 16 and 18 of the Zoning Ordinance relating to outdoor seating areas with the exception of C -C and C-1, zoning districts, which would still be required to obtain a special use permit for outdoor seating. Chairman Pew asked for questions or discussion by the Commission. Commissioner Richard Turner asked Mr. Rodgers if there was much C-1 in the Downtown area. Mr. Rodgers answered that there was none in the downtown area. Commissioner Mike Archambault stated that he researched the Town's C -C and C-1 areas on a map and then he communicated his findings to the Commissioners. Commissioner Mike Archambault requested additional information regarding prop 207 liability. Town Attorney Andrew McGuire weighed in on the questions regarding the issues involved. Vice -Chairman Angela Strohan agreed with Commissioner Slechta and supported the idea of the residents having the ability to voice their opinion on outdoor seating in the C -C and C-1 zoning districts. Mr. Rodgers stated that, in his opinion, those two zoning districts were not situated any differently than the other districts in town. All are in relatively close proximity to residential areas. Chairman Lloyd Pew asked for a vote ori the motion as follows: Move to forward a recommendation to the Town Council to approve the proposed text amendments to Chapters 12, 16 and 18 of the Zoning Ordinance relating to outdoor seating areas with the exception of C -C and C-1 zoning districts. A voice vote was taken and the MOTION CARRIED 5-2, with Commissioner Mike Archambault and Chairman Lloyd Pew voting nay. Page 5 of 14 r U AGENDA ITEM #3 — PUBLIC HEARING to receive comments on ORDINANCE 12-07, a text amendment to Chapter 1, "Definitions", and Chapter 6, "Signs Regulations" of the Zoning Ordinance of the Town of Fountain Hills. If adopted, the amendments revise large portions of the Town's regulations regarding commercial signage. Case Number Z2012-01; Ordinance 2012-07. Robert Rodgers, Senior Planner gave the presentation and included a PowerPoint presentation. The attached Exhibit "E" where comments sent via email and forwarded to the Commissioners and Exhibit "F" is a copy of Mr. Rodger's PowerPoint presentation. Mr. Rodgers stated that staff suggested that the Planning and Zoning Commission forward a recommendation to the Town Council to approve the text amendments to Chapter 1, "Definitions" and Chapter 6, "Sign Regulations" of the Zoning Ordinance as presented with the amendments recommended by staff. Mr. Rodgers explained that the primary reasons for the sign regulations was to deal with aesthetics, visual character; to provide reasonable limits on the number and size of signs; to differentiate between signs that are aimed at autos versus pedestrians, and for public safety. Mr. Rodgers pointed out that an ad-hoc Sign Ordinance Review Committee was formed in July 2011, consisting of volunteers from the business community, citizens, staff, Planning and Zoning Commissioners, and Town Councilmembers. The committee reviewed the entire sign ordinance and made recommendations for improvements and clarifications. Particular emphasis was placed on A -frame signs and banner regulations. He added that the Sign Ordinance Review committee scheduled meetings weekly until April 2012. Three open houses were held to present the committee's proposed regulations to the community and receive further input. Mr. Rodgers noted that the Planning & Zoning Commission held a Public Hearing on July 12, 2012. The Commission recommended approval of the ordinance amendments subject to a few amendments. However, due to the additional amendments made by the Town Attorney, comments received at a Town Council Workstudy, and the Sign Committee's re -review, this second Public Hearing was held. The section numbers listed here erre the ones being anrentled ivith this proposal. Section 6.02: Was the first major change with "Definitions" moved. Sections 6.03 through 6.07: Were primarily typo fixes, department name changes, and consistency changes that were more administrative in nature. Section 6.08: Was the main focus of the ordinance and details the guidelines for various types of signage allowed within the town. Section 6.02: The Definitions are being moved to Chapter 1, of the Zoning Ordinance. Page 6of14 Section 6.03: Department name change to "Development Services". - Adding a sliding plexi -glass face change doesn't need a permit. - Take out Section B that was a hold -over from the past. The town does not issue stickers for signs, except for A frames. Section 6.04: Delete Section "C" since it was redundant. The two previous sections say the same thing. Section 6.05: Town Council recently adopted a revised penalty section into the Town Code. This change makes this section consistent with the adopted version. This ordinance section currently states: 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 offirst 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). PLANNING AND ZONING COMMISSION: The Commission voted in the July 12, 2012, public hearing to recommend that the penalties for violations be increased to be $100 for the first offence, $500 for the second offence, and $700 for the third offence. Staff supported this recommendation. TOWN COUNCIL WORKSTUDY: The consensus of the Town Council during their work study review of this ordinance appeared to indicate that the Council would prefer that the penalty fines remain the same as they are currently. SIGN REVIEW COMMITTEE: The sign review committee has recommended that the penalty fines remain the same as they are currently. Public Hearing Opened at 7:15 p.m. James Carpentier, Mesa, Arizona representing the International Sign Association gave some recommendations for the Town's consideration. (See Exhibit "G") Peter Bordow spoke again to the Commissioners regarding his opinion on the proposed sign regulations. (See Exhibit "G") Public Hearing Closed at 7:22 p.m. Page 7 of 14 E'l AGENDA ITEM #4 — CONSIDERATION of ORDINANCE 12-07, a text amendment to Chapter 1, "Definitions", and Chapter 6, "Signs Regulations" of the Zoning Ordinance of the Town of Fountain Hills. If adopted, the amendments revise large portions of the Town's regulations regarding commercial signage. Case Number Z2012-01; Ordinance 2012-07. Chairman Lloyd Pew explained that he would like to bring forth a motion and then any revisions within the document would be addressed individually. Commissioner Richard Turner asked what the status of the vote on this document dated July 12, 2012 was. Town Attorney Andrew McGuire explained that because of substantial changes, it was decided that it was only fair to give the Commission a chance in a public hearing to make a recommendation on this new version before it was brought back to the Town Council. Chairman Lloyd Pew made a MOTION to forward a recommendation to the Town Council to approve the text amendment to Chapter 1, "Definitions" and Chapter 6 "Sign Regulations" of the Zoning Ordinance as presented to the Commission in the draft amendment. Commissioner Richard Turner SECONDED the MOTION for the sake of discussion. Vice -Chairman Angela Strohan asked Mr. Rodgers if a decision had been made on how the Town was going to enforce the proposed regulations. Mr. Rodgers answered that any adopted regulations would be enforced through the Town's Code Enforcement. Chairman Pew opened the discussion on Chapter 1, "Definitions". Chairman Pew asked for clarification on revisions to definitions that did not pertain to signs. Mr. McGuire explained that since the Town was making massive changes, it only made sense to revise other areas of Chapter 1 and do some cleanups. Mr. McGuire added that the main reason was to reconcile some of the areas of the definitions that were inconsistent with one another or the same term was defined differently in Chapter 6, as it was in Chapter 1. Chairman Pew asked for further discussion on Chapter 1. No one came forward. Chairman Pew requested discussion on Chapter 6.04. There was none. Commissioner Gene Slechta read the following: "We've been at this over a year. The sign committee has brought forward over 30 significant changes designed to improve, and increase, signage exposure in the town. I support most of those changes.....SOME I do not. It is no secret that the vast amount of energy expended in this review was dealing with temporary signage. In addition, the committee revised verbiage wherever clarity was needed. I certainly support all those changes. In a number of the meetings I quoted the veryfirst paragraph of the sign chapter ,... the PURPOSE of sign regulations: It says.... "These sign regulations are intended to encourage Page 8 of 14 ATTRACTIVE signage for businesses and services, optimizing the availability of information while promoting the general welfare by creating a more aesthetically appealing community': The results here clearly addressed businesses interests..... But, in my opinion, fell short on meeting the purpose statement in the area of aesthetics. Let's look at this through the proper lens. First a bit of history, which is mostly in Bob's staff report. Major revisions were passed in 2008 to support the business community. These changes were designed by.....the business community. Town Council, wisely, put expiration dates of one year fora frames and banners for "special events': This was put in so that the Town Council could evaluate how businesses were complying. Every year now for the past 4 years the Council has granted an extension,.... even though their violations were consistently 90% or higher. Now we are looking at dramatic expansion of the usage. Aesthetics are important!!! Sign abuse and clutter has unintended consequences. Don't believe me? Ask the Council. 2 days ago, there was a Council work study session. One of the items on the agenda was a discussion on.....POLITICAL signs. The Town Council has asked staff to craft a resolution that will ban these signs from town rights-of-way of every single arterial in this town. Justification...... "placement (of political signs).... within the rights-of-way (of commercial areas) will detract from the scenic and aesthetic appeal"... "deter its appeal to tourists': Commissioners, these are temporary signs being placed on our town property. These are no different, in principle, then cluttering up our town right of ways with businesses temporary signs. Bottom line, if political signs are unattractive along the streets, so area frames and banners. Chairman Pew requested discussion on Chapter 6.05. Commissioner Gene Slechta wanted to reiterate that it had previously been recommended by the Planning and Zoning Commission to increase the fines and that the fines had now been recommended back to the original fines. Commissioner Slechta noted that in 2008, substantial changes were made in the sign regulations. He continued that in the area of temporary signs the town has had many violations and noted at least 90% violations in A -frames and 100% with banners. Commissioner Slechta pointed out that in the past our Town Council has asked for support from the business community to police the problem with no luck. Commissioner Slechta proposed going back to the Commissioners recommendation to increase the fines. Commissioner Mike Archambault made a MOTION to go back to his originally proposed fines of 1St offense $100.00; 2nd offense $500.00; P offense $700.00. Chairman Lloyd Pew asked for a second to this motion. Commissioner Gene Slechta SECONDED the MOTION. Chairman Pew asked for a discussion to this motion. Commissioner Mike Archambault noted that he sees sign violations and added that for 4-5 years no one has been fined for violations to our sign ordinance. He also stated that if we do not put some kind of fine on violations with teeth, what good are our regulations. Commissioner Stan Connick stated he did not feel a large violation fine would be good relations. Page 9 of 14 Commissioner Richard Turner asked if the fine was for each day of violations. Robert Rodgers answered that it would be up to the judge if someone decided to take it to court, but the ordinance stated per day. Commissioner Gene Slechta noted that before a fine was imposed the violator would be given a written warning and if necessary a ticket would be issued for $25.00. Commissioner Slechta pointed out that it would be a "not to exceed" amount if increased and the judge would have the ability to determine what the fine would be if the case was to go to court. Chairman Pew pointed out that there were other alternatives listed in the ordinance before fines are given to a violator. Chairman Lloyd Pew asked for a voice vote on the motion, and the MOTION FAILED 2-5. The proposed fees would remain the same with no change. Chairman Pew asked for discussions on the following: 6.07F None 6.071.4 None 6.0771.5 None 6.071.9 None 6.07J None 6.07K None 6.07M None 6.07N None 6.07Q None 6.08 None 6.08.A.1 None 6.083 Commissioner Gene Slechta stated he did not support A -frames in the town right-of-ways because one-half of the businesses using A -frames leave them out 24 hours a day and many in the right-of-ways. Commissioner Slechta added that most businesses are open 40 hours per week so there was no reason for these temporary signs to be out on town property 168 hours per week. Commissioner Slechta would amend the revised recommendations that A -frame sign placement be allowed in town as currently written. Commissioner Mike Archambault asked Mr. McGuire if he was comfortable with permitting signs in the right-of-ways. Mr. McGuire answered that there was no control if someone was not paying attention and hit a sign. Commissioner Archambault expressed his recommendation that signs should be consistent and placed no closer than 3' behind the curb instead of 1' without attached balloons and 3' with attached balloons. Commissioner Stan Connick agreed with Commissioner Archambault and Commissioner Slechta because being a bike rider his concern would be that an A -frame set 1' behind the curb could fall over into the street and impede walkers or riders using this street portion. Page 10 of 14 11 Commissioner Gene Slechta stated that he did not support 3' behind the curb since in various areas of town the signs would still be placed in the right-of-way. Commissioner Connick made a MOTION to be consistent at placement of A -frames behind the curb 3'. Commissioner Mike Archambault SECONDED and the MOTION CARRIED, 6-1, with Commissioner Slechta voting no. Chairman Lloyd Pew also instructed Robert Rodgers to revise everyplace in the ordinance that placed signs 1' from curb and amend to 3'. Mr. Rodgers stated that this would include garage sale signs and open house signs. Mr. Rodgers asked if any of the Commissioners wanted to comment on the one-year extension for A -frames and banners since the draft stated a sunset date (committee recommendation) of December 31, 2014. The Commission moved to recommend only a one-year extension to December 31, 2013. Commissioner Gene Slechta asked to discuss the times allowed to display A -frames. Commissioner Slechta did not support the 6:00 a.m. — 12:00 a.m. but would like to see the signs allowed between the hours of 7:00 a.m. and 9:00 p.m. Commissioner Slechta pointed out that a majority of towns and cities allow A -frames during business hours only. Another issue was that with the 6a.m. - 12 a.m. the A -frames would likely not be taken down and enforcement would be limited. Commissioner Gene Slechta made a MOTION to return to the current ordinance regarding A - frames times allowed to 7:00 a.m. and 9:00 p.m. Commissioner Stan Connick SECONDED and the MOTION CARRIED, 7-0. Commissioner Gene Slechta made a MOTION to not allow A -frame signage in the town's right- of-ways. The MOTION FAILED for lack of a Second. 6.08.1) Commissioner Gene Slechta commented that it was unlikely that businesses would take a banner down for a short period of time and then place the banner up at a different time per month. Commissioner Slechta also explained that it would be difficult to enforce. Commissioner Gene Slechta made a MOTION to keep the banner regulations the same as they are currently and Commissioner Stan Connick SECONDED. Chairman Pew asked for a roll call vote with the following results: The MOTION FAILED 3-3, with Commissioner Harris abstaining. Commissioner Gene Slechta made a MOTION to recommend extending the sunset date until December 31, 2013. Chairman Lloyd Pew SECONDED and the MOTION CARRIED 5-2. Page 11 of 14 Commissioner Richard Turner made a MOTION to amend the 14 days per month to display event banners to 7 consecutive days per month. This would not include grand opening banners. Robert Rodgers mentioned that the business owner would choose the dates, which would be approved by over the counter review and Code Enforcement would receive a copy for enforcement purposes. Vice -Chairman Strohan SECONDED and the MOTION CARRIED 5-2. Chairman Lloyd Pew made a MOTION to expand 6.08F to include all contractors. MOTION FAILED for lack of second. 6.08.P Mr. McGuire answered questions from the Commission. Specifically, the removal of the conditions, which would also count for total signage area. 6.08Q None 6.08R Andrew McGuire explained that State Law requires that the Town allow signs in the right-of-ways with the exception of tourism and hospitality zones and that could include areas such as the fountain, golf courses, hotels, and the mountain preserve. 6.08.S None 6.08.T None 6.08.V None 6.08.X None 6.08.AA None 6.08.1313 ® None 6.08.CC None 6.08.DD None 6.08.EE None 6.08.FF None 6.08.CC Commissioner Slechta stated that he did not support the committee's recommendation at this time. Commissioner Slechta added that the reality was that we are in the 21St century and need to recognize that electronic signage can provide a benefit to the business community. However, our lighting section, Chapter 8, of the Zoning Ordinance lives in the 20th century. Commissioner Slechta noted changes in technology and illumination standards in the past decade or two. Commissioner Slechta recommended denial of the proposed amendment until such time as Chapter 8, has been reviewed and updated to current standards and technology. Commissioner Mike Archambault made a MOTION to return back to the Town's original ordinance concerning electronic message regulations. Commissioner Gene Slechta SECONDED. A roll call vote was requested with the following results: Commissioner Turner nay Commissioner Archambault aye Vice -Chairman Strohan nay • Commissioner Connick nay Page 12 of 14 Chairman Pew nay Commissioner Harris abstained Commissioner Slechta aye The MOTION FAILED 4-2. Commissioner Gene Slechta thanked Robert Rodgers and Janice Baxter for their work on the sign ordinance and seconded by Commissioner Stan Connick. Chairman Lloyd Pew made a MOTION to accept the amended document as presented in this document. Commissioner Richard Turner SECONDED and the MOTION CARRIED 7-0. AGENDA ITEM #5 - COMMISSION DISCUSSION/REQUEST FOR RESEARCH to the Planning and Zoning Administrator. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) determining if a majority of Commissioners wish to request staff to conduct further research and report back to the Commission. None Received. AGENDA ITEM #6 - REPORT from the Senior Planner of Planning and Zoning. Robert Rodgers Senior Planner congratulated Chairman Lloyd Pew for being re -appointed as Chairman for another one-year term. Mr. Rodgers also congratulated Angela Strohan for her re- appointment as Commissioner and for being re -appointed Vice -Chairman for another one-year term. Mr. Rodgers also congratulated Commissioner Stan Connick, Commissioner Richard Turner, and Commissioner Gene Slechta for their re -appointment and welcomed the new member Steven Harris to the Commission. Mr. Rodgers notified the Commissioners that the Thursday, October 25, 2012, Commission meeting would be cancelled. Mr. Rodgers added that the Business Showcase would be held on Thursday October 24, at the Community Center from 3:00 to 6:00 p.m. AGENDA ITEM #77 SUMMARY OF COMMISSION REQUESTS No requests were made AGENDA ITEM #8.- ADJOURNMENT. Commissioner Slechta MOVED to adjourn and Vice -Chairman Strohan SECONDED the MOTION. The MOTION CARRIED (7-0), by those present. Chairman Lloyd Pew aye Vice -Chairman Angela Strohan aye Page 13 of 14 Commissioner Stan Connick Commissioner Mike Archambault aye aye Commissioner Eugene Slechta aye Commissioner Richard Turner aye Commissioner Steven Harris aye The meeting ADJOURNED at 8:38 p.m. FOUNTAIN HILLS PLANNING & ZONING COMMISSION BY: Chairman Lloyd Pew CERTIFICATION ATTEST: J ice Baxter, Itecorder of the Minutes I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission's joint session with Town Council and the regular Planning and Zoning Commission meeting held in the Town Council Chambers on the 11th day of October 2012. I further certify that the meeting was duly called and that a quorum was present. Dated this 11th day of October 2012 C qalx�- Ja0ce Baxter, kecorder of the Minutes Page 14 of 14 r • C Town of Fountain Hills Pavement Management Paul Mood, P.E. - Director of Development Services . October 11, 2012 Pavement Maintenance Zones Iii' �- - - . ..F.. �.,,._��•.� .. .�( 1 G MUM l� K1 8MI VMI Fountain Hills Roadway Statistics - ,, � s 4—• ; • 390 lane miles �\ t~f 'if- • 3,g6o,000 SY of pavement surface • 7 Pavement Maintenance Zones ..... " w r r r.} �_ (.�;� < A77 LEGEND Exhibit "A" 10/10/2012 1 10/10/2012 Historical Streets Revenue & Road Maintenance Fiscal Year 2000 HURF' Revenue $1,012,184 , Total Road Maintenance GFICIP ConUibution $ 1557543_. S 1,269100 2001 $ 1 061 521 $ 1 261 528 $ 771 700 2002 $ 1 254,816_ $ 968,745 S 588100 2003 S 1 310 997 $ 306,356 $ 2004 $1400448 $ 540,428 5 2005 S 1 471 032 S 595 289 $ 2008 S 1 574 453 $ 54---- $ 500 000 2007 $1,750,051 S 1 171728 $ 2008 $ 1 662 055 $ 721,183 S 721,183 2009 $ 1 468 335 $ 637,905 $ 637,905 2010 $1,391,100 $ 420,883 $ 420,883 2011 $1396075 S 325,074 5 325.074 2012 SI 132 332 5 200,000 S 100,000 2013 $1 265 640 S 200.000 S 100.00o Pavement Management Practices Historical pavement management practices have consisted of crack sealing, surface seals and slurry seals by maintenance zone once every seven years and was funded through a combination of HURF, General Funds and CIP Funds. Ib Crack Seal Surface Seal (TRMSS) Slurry Seal �x i1r 4 2 * Excludes in lieu fee and miscellaneous revenues Pavement Management Practices Historical pavement management practices have consisted of crack sealing, surface seals and slurry seals by maintenance zone once every seven years and was funded through a combination of HURF, General Funds and CIP Funds. Ib Crack Seal Surface Seal (TRMSS) Slurry Seal �x i1r 4 2 Future Pavement Management Needs Due to the age and condition of the roads the traditional practices may not provide the proper level of treatment. Increased maintenance may include microseal, chip seal or cape seal. �ti r x / 'I en Microsurfacing Chip Seal =: Cape S 0 a I Future Pavement Management Needs Eventually all pavement will need to be replaced. If the roadway base is in good condition then roadways may be a candidate for asphalt mill and overlay where the top layer of asphalt is removed and replaced. •y Mill & Overlay A 10/10/2012 I:� Asphalt Conditions: Zones 1 - 7 Staff has conducted an assessment of Pavement Management Zones t - 7 and identified various areas where the asphalt and subgrade is failing. These areas will need to be removed and replaced before any surface treatments can be effectively applied. The cost of the asphalt replacements are estimated at $782,000. Asnhalt Reolacement Costs Zone 1 $318,000 Zone 2 $218,000 Zone 3 $95,000 Zone 4 $12,000 Zone 5 $7,000 Zone 6 $22,000 Zone 7• $110,000 Total = $782,000 Excludes portions of Sa9uoro Blvd., fountain lGis Blvd., Palisades Blvd. and Shea Blvd. which may be included in a future bond. Zone 1: Asphalt Replacement Town of Fountain Hliia ! ZONE 1 PAVEMENT MANAGEMENT AREA: f+...r ASPHALT REPLACEMENT rr � rra� rr rt Notes: ' 73 pavement replacement locations • ig,000 square yards • $380,00o replacement cost 10/10/2012 0 4 CJ Arterial Roadway Reconstruction In June of 2012 the Town contracted with RAMM Geotechnical Engineering to take core samples in order to determine the actual pavement thickness and subgrade profile for the following streets: I. Saguaro Blvd. (Shea Blvd. to Fountain Hills Blvd.) z. Palisades Blvd. (Saguaro Blvd. to Fountain Hills Blvd.) 3. Fountain Hills Blvd. (Palisades Blvd. to Middle School) The results of the geotechnical investigation showed that the pavement thickness and subgrade profile varied greatly on all of the streets tested. For Saguaro Blvd. the asphalt was typically between t" and z" thick over a z" to 3" subgrade which is far less than normal standards. Due to the existing conditions of Saguaro Blvd. the RAMM report recommends full reconstruction for the entire length which consists of removing the top 10" of existing asphalt and subgrade, scarifying and compacting the exposed subgrade and placing a new pavement section of 4" of asphalt on 6" of base course. The report also recommends full reconstruction for the areas of Palisades Blvd. and Fountain Hills Blvd. with the exception of the area on Fountain Hills Blvd. near the Ashbrook Wash which was reconstructed with a wash crossing project in 1996. 10/10/2012 0 1 Saguaro Blvd. Reconstruction Based on the information and recommendations provided by the RAMM Engineering report staff has developed the following scope of work for reconstruction of Saguaro Blvd. • engineering design and construction oversight • asphalt reconstruction (full depth) • drainage improvements (Palisades Blvd. and Desert Canyon Golf Course areas) • valve & manhole adjustments • ADA ramp modifications as required • curb repair & replacement as necessary • striping and pavement markings • Ave. of the Fountains intersection 3 -way stop modifications • traffic signal replacement at Palisades Blvd. (CIP Fund) Project Coordination: • Ashbrook Wash drainage improvements (2015) • State Trust land sanitary sewer (timing unknown) Fountain Hills Sanitary District • Chaparral City Water • SRP, SW Gas, Cox, Century Link, etc. Estimated cost of design and construction is $8.6 million. Saguaro Blvd. improvements Saguaro Blvd ea Blvd - Fountain Hills Blvd �- SAGUARO BLVD RECONSTRUCTION DRAINAGE IMPROVEMENTS Bonds = $8.2. Million CIP Fund = $0,4 Million Total = $8.6 Million ��;.a; � X,. 10/10/2012 G Avenue of the Fountains Interersection Improvements The intersection at Saguaro Blvd. and Avenue of the Fountains shall be modified to provide increased pedestrian safety. Reconstruction of the water feature is anticipated to be included in the project. The improvements will not affect existing traffic flow, however, a more permanent solution will be required as traffic volumes increase. t uunrntn rnna /� I�7tC+'i i :'i lew ii a � 7 a - , a k Saguaro Blvd. Drainage Improvements FTheph,t,graphs below show Saguaro Blvd. near the Desert Canyon Golf Course. The inlets to various drainage structures on the west side of the street are undersized and do no allow for proper drainage. The Saguaro Blvd. Reconstruction estimate includes design and construction of proper sized drainage structures in this area to prevent standing water which is not only a hazard to motorists but accelerates deterioration of the asphalt and subgrade. `t 1 •s OdOber 2010 December 2011 L 10/10/2012 7 10/10/2012 Saguaro Blvd. Drainage Improvements The photographs below show southbound Saguaro Blvd. from Palisades Blvd. to Parkview Ave. after a rainstorm in October of 2010. Due to the lack of storm drains in this area the water drains to a catch basin south of Parkview Avenue which then flows into Fountain Park. The Saguaro Blvd. Reconstruction estimate includes design and construction of proper drainage in this area to prevent standing water. I Saguaro Blvd.: Palisades Blvd. to Parkview Ave. Saguaro Blvd. R Palisades Blvd. Intersection W, F'3 .a ISOI�I �I • Theatre Prooect • Non -Starter * The Development Agreement was approved February 2012 Time Lines requires acquisition of land by September 2012 Cure Letter sent September 2012 giving 30 day notice Letter sent October 8, 2012 of Development Agreement Termination Exhibit "B" 10/10/2012 9 9 o° ,'�rha1 is iOa Economic Development Plan ECONOMIC DEVELOPMENT PLAN Basics of Economic Development The Importance of a vibrant economy in Fountain Hills cannot be overstated. Without importing wealth and revenue to the community and the ability to retain them, the future will be filled with issue adverse to its desires of sustainability. The concept is to build a "bask' and continue to build on a'non•basic' economyin the community. Basic economy Basic economy is defined as an activity that will bring in new dollars into the community. This activity comes in a wide range of founs from tourist staying in town at local hotels to hiring employees to manufacture a product made or processed in Fountain (tills being sold and distributed outside its boundaries. This in essence is money coming Into the community that creates jobs and wealth. Non -basic economy A non -basic economy Is defined as the process of keeping dollars already in the local economy in Fountain Hills. The longer the dollar stays and circulates in the local economy, the more jobs and businesses it creates. Fountain Hills depends on locally -generated sales tax revenues to provide community services, Infrastructure, amenitles. Both basic and non•basic activities are critical to the future viability of Fountain Hills. Exhibit "C" 10/10/2012 10 C Ll • 0 Consensus Based Economic Development Implementation Plan (EV1) Downtown Tourism Business Initiative Initiative Attraction (EV3) (EV5) Initiative STRATEGY DEVELOPMENT: STRATEGY DEVELOPMENT:(EV 4) Area Specific =\ Plan -Promotion/ STRATEGY DEVELOPMENT Implementation Strategy Marketing New Events NAICS Business Sectors: li att/Palma; Swaback Plan; '51- Professlonal,Technicaf, ( S' Planning ULI Pan) Mixed Used-1Vebsite(s)/EteScientific Services-.:rcnic Businesses Development Media •52- finance, insurance, Zoning (Smart Growth -Funding Businesses Principles); Development '62- Health Care Incentives; Capital Wayfinding Plan -Industry Retention & Expansion Funding Plan Program .Website Enhancement industry Retention & Expansion Progra m/P.etaa Attraction -Website/Clectrmic Media Sta keho lde r5: Town of FH, SPAC, P&Z,FH Chamber of Commerce, FH Business Alliance Ft. McDowell, FH Sanitary D&trict, FH School District, Utilities, Developers, Commercial Property Owners, Commercial Real Estate Leasing Agents, Community Leaders Downtown Initiative Shea Corridor; Saguaro Corridor; Downtown 10/10/2012 11 Strategy Action Plannin • Downtown Implementation Stra egies Website Enhancements Promoting Downtown Include in Municipal Economic Development Redesigned Website • Include In Other Partners Websites • Discuss previous planning efforts with entities involved at the time. SwabackGroup/FH e of cicitirens'eotincilmembersiProperty Owners HyattiPaima Downtown Study • ULI Recommendations SPAC Understanding Previous Efforts • Council DirectivestStaff Efforts • Downtown Association Attempts • so ULI Recommendations • Swaback'Vision Pian"JAreaSpecific Plan Jam~. J S Strategy Action -"'° . 3 Plannin • Downtown Implementation StrAegies cont........ • Shea Corridor; Saguaro Corridor; • Downtown Districts • The Business District -The Avenue District -The South End District • The Residential District -The West Side District -The Civic District • The Service District -The Lakeside District -The Park District Incentives • Government Property Lease Excise Tax (GPLET) Express Permitting • Construction Sales Tax Tenant Improvement Enticements • Construction Sales Tax Development Fee "'Buy -down" Zoning,Land-Use Flexibility Measures • Wayfinding Plan • Signage from Shea Blvd to Downtown • Current Downtown Projects • Rtedian Projca 10/10/2012 M 12 • • Strategy Action Planning Downtown Implementation Strategies cont........ SWOT • Strengths Recreation Open Space Icon of "The Fountain McDowell Mountains • Small Town Rural Feel in Urban environment Golf NumanCaphal Casino Annual Evens • Weaknesses Location PedestrtanAccess • Commercial Saturation Depth of Specialty Retail Strategy Action Plannin Downtown Implementation Stra egies cont........ Opportunities • Create "Local Sense of Place" Focus on civic tourism • Connect the park to the Avenue Make the downtown work fer the community first before tourism Downtown should be "16 hour" village oriented environment • Inventor Re -Invent Downtown Image Attention on "Design" Consider " I nU ll(Red evelopm ant Simplify Polic'esJProcedures • Threats It's not about one big ideaAls doing +,000 things well • It's not a piecemeal solutlogla holistic approach is needed Not thinking "bigi'boldjlong term" 10/10/2012 • 13 Strategy Action Planning' Downtown Implementation Strategies cont........ Key Ingredients Compact Development • Better connection for civic center • Focusonscale • District approach is great • SWrstep building intensityobuiklingfoot print • Integrated Mixed -Use • Identify appropriate uses for Dosvntow•n (no more auto uses) _ Explore what will bring in visitors • Green Streets • widen Sidewalks -More Landscaping More Boulevards -Outdoor Activities • Places to Sit • Friendly Sidewalks • overhangs - AppropriateStreetTrees z"a Story balconies Creating intriguing Side Areas to Visit Areas with more surprises -Make block shorter • MistersMeandering Sidewalks Public Rest Rooms Strategy Action ,"°- Plannin--' A Downtown Implementation Stra egies cont........ • Key Ingredients cont...... • Brand Identity Don't pretend to be something else Bring the waterfviews into the Downtown Subtle Place hlaking Opportunity to lose your idea of time Continue with ArIUMake it more distinguished More rountains(Dancing Fountains Make Saguaro Blvd a 1,10 • Destination Program Strategic Implementation • Phasing PubliclPrtvateResources Roles Funding 10/10/2012 F 14 • StrateAction Planning' • Urban d Institute (ULI)10 Recomm dations • RetaillDetail Complete Market Study for scaklscope of existing business Activate the Water More Fountain Shape the "What" Focused programming strategy From "What" to "Brand" • Cateway Brand; bicycling; green jeco;visual arts Toolbox Zoning Regulations; Ease of Development Permitting Process • Starting Point Avenue; Fount aWAmphitheatre Continue the Conversation • Advisory Panel Authenticity • Organic RetaPersjMixedHousing Education as Driver • Higher Education in Downtown Area • The"Time is Now" • Plan in a"bold" deliberate manner. Strategy Action P annin Downtown Implementation Sti-a egies cont........ Current Downtown Projects Median Project Implementation Plan Priority Projects • Park Amphitheatre Saguaro Blvd Road Bond improvements • Downtown Street Maintenance Improvements • ParkfAvenueAccess Pro;ects Public Rest Rooms • Tourism Center Incentives Strategy • Covemment Property lease Excise Tax (CPLET) • Express Development Permitting • Construction Sales Tax Tenant Improvement Er;tkements • Construction Saks Tax Development Fee "'Buy -down" Zoninglland-Use Flexibility Measures Wayfinding Plan • Signage from Shea Blvd to Downtown 10/10/2012 15 Strategy Action Planning Tourism Implementation Strategies • Website Enhancements; Websites Linkages Discuss previous planning efforts with entities involved at the time. FH C of CJCiti:ens,Councilmembers FH C of C Executive Director • Tourism Bureau Manager Understanding Previous Efforts Council Directiveststatf Efforts/FH Cofc Efforts "Branding" Swaback"Vision Plan" • Implementation PlanfPriorityProjects Key Result Areas Resources Product Compe t itive ne ssi N is h es,�Co llabota dons Linkages 10/10/2012 1.6 Strategy Action Planning Tourism Implementation Strategies Cont........ Goals Budge tiStruct ure • Resorts,Rfotets Niches Collaborations Golf • Events{Art Weddings Desert Experiencei'OutdoorAdventure Biking Major Events • Weekly Events Major Art fairs • Strong Image as Art .'Active Destination Action Plan • Tourism DestinationActivties Bridal Golf Print Media Strategy Action Planning Tourism Implementation Strategies Cont........ — Action Plan Budgetlstructure • Reinitiate New Resort Development • Niche Product Marketing - Tourism Destination Activities n Bridal » Multi -Day Events Ulf >> Weekend Events a Desert Experience » Art Fa!rs Art -Active Image • Destination Marketing - Local Promotion of Evcots;Attractions - Regional Promotion of EvenWAltractlons - Social Aledla - Webs tes - Media Relationji'R Niche Marketing Woddngs - Dc rtjSouthwest Experience - Nath•eAmerican NentagejOid West Experience Arts S Related Art Events • Partnership Development 10/10/2012 17 rp- L � o 7. n Business Attraction Initiative Strategy Action Planning Business Attraction Implementation Strategy • Industry Sector Opportunities North American Industry Classification System NAICS #52 Finance, Insurance, Business Industry Sectors NAICS #54 Professional, Technical, Scientific Services Sectors NAICS #62 Health Care/Wellness industry Sector Current NAICS #52,#54,#62 Businesses in Fountain Hills Basic Economy: Concept Development Corporation - aerospace & defense; law enforcement safety products (sell to the military & law enforcement); SJT Mlcropower Inc. - aerospace & defense; designs and fabricates (contract mfg) metal semiconductor field effect transistors (power regulation and wireless technologies for defense and medical applications); CR Engineers, Inc - Electrical Engineers; 8 employees. Ad -Soft - Software Support & Development company; 7 employees. Desert Fountain Software - Custom application/database development consulting; Christensen Computer - Software developer& wellness product software; 20 employees Brokers Alliance - Insurance agency and brokerage; 62 employees. Non -Basic Economy: Target, Basha's; Safeway; Fry's Phil's; Sofritas; Redendo's, Euro Pizza 10/10/2012 18 Strategy Action Planning - Business Attraction Implementation Strategy cont...... Retention & Expansion Program R Municipal Website Enhancements • Community Amenities depicting Economic Development Opportunities • Depicting Implementation Strategies ED Data; Labor Force; Workforce Development Location of Properties for NAICS Business Sector Infrastructure Assessment . SWOT: Electricity; Cellular; Broadband;\Vi ri Town Council Review/Partnerships Cooperation/Approval Strategy Action Planning Current Downtown Projects • Median Project Town Council Review/Approval Partners Review/Approval Economic Development Implementation Plan Priority Planning Action Plan Development • ActianStep Development 10/10/2012 19 10/10/2012 9 20 OJ'�:V At �'tt % REQUEST TO SPEAK CARD r Please submit this cardrip or to the discussion of the item listed below. Meeting Date -2— Name/Phone Name/Phone No. 3 7— City/Town Title/Organization I am representing (# of people) ❑ YES, I wish to speak or ❑ NO, I do not wish to speak, but have indicated my position: ❑ FOR ❑ AGAINST CALL TO THE PUBLIC ❑ PUBLIC HEARING ITEM NO. ❑ AGENDA ITEM NO. LIM Comments: PLEASE, PRINT Thank you for participating in your Town government. Your comments are an important and valuable Dart of the process. Please fill out the comment card completely and turn it into the Clerk prior to the Council discussion of d prior to the beginning of the meeting. (Please see reverse for procedural information on addressing the Council) Exhibit "D" IR r-1 • Janice Baxter From: Robert'Bob' Rodgers [rrodgers@fh.az.gov] Sent: Thursday, October 11, 2012 1:31 PM '*wfo: 'Janice Baxter' Subject: FW: Sign Ordinance Feedback Attachments: photo.JPG.JPG Janice, Please forward this to the P&Z Commissioners. Thanks. :.. From: Audra Koester Thomas [mailto:audra@psaplanning.com] Sent: Thursday, October 11, 2012 12:05 PM To: Leger, Henry; Linda Kavanagh; dbrown@fh.az.gov; Ginny Dickey; pzc@fh.az.gov Cc: rrodgers@fh.az.gov; Shaunna Williams Subject: Sign Ordinance Feedback Commission and Council: Tait Elkie; chansen@fh.az.gov; cyates@fh.az.gov; As you may know, I have served several years on the Town's Strategic Planning Advisory Commission. However, in my day job, I work for a Fountain Hills -based community planning firm that develops land use and community planning trategies throughout the Southwest. We develop general plans, economic development plans, and even zoning rdinances to promote vibrant communities that people want to live, work and/or play in. I have followed the ongoing dialogue, debate and deliberations regarding changes to the Town's sign code. I attempted to attend one of the open houses back in April, but as you might recall, I arrived at the closing minutes only to find the Community Center facility empty. Subsequently, I sent an email outlining my concerns over expanding the use of signage, particularly electronic message boards, banners and A -Frame signs, throughout our community. Fountain Hills is not the first master planned community I've worked with or lived in. In fact, as an adult, I've only lived in master planned communities, and before moving to Arizona, I worked for arguably the best master planned community in the country: The Woodlands, Texas. I am extensively familiar with the use of covenants, deed restrictions, development standards, and zoning ordinances in how they can be used both effectively and ineffectively at preserving character, protecting property values and enhancing viability. It is common that in the finest master planned communities, sign placement, use, type and kind are narrowly defined and strictly enforced. Building, parking and signage design standards are potent elements in creating a desired community aesthetic because they are the largest visible built elements; and in our sparse desert, where there is often little vegetative or native structure to compete with the built environment, the impact of those assets is even more important to analyze. I remain steadfastly opposed to the proposed changes to sign regulations in the Town's Zoning Ordinance. Over the course of the past several years, the Town and its elected and appointed officials have allowed the A -Frame and banner sign experiment to continue long after its original and amended timeframe, routinely extending the sunset clause. keither by my observations nor those witnessed by the Commission and Council have we seen a wiliness of partnership n behalf of those who seek to utilize expanded A -Frame and banner sign allowances. Compliance remains a problem, and this alone should provide great pause at any consideration for these expansions. Exhibit "E" E 11 I support the Commission's recommendation for increased penalties for sign violations; it's clear that with these continued, selfish violations, there is little respect for the Town, it's Zoning Ordinance or our residents, visitors and other husinesses. I do not support the expansion of A -Frame signs, including placement in the street right of way or placement between 6 am and midnight. I support the use of A -Frame signs in close proximity to the business itself; chalk -board A -Frames, for example, that announce a special purchasing opportunity provide a quaint, comfy feel while allowing pedestrians a brief glimpse into what the store might offer. During this prolonged experiment, the signs I've seen in the right of way create a cluttered view, overly compete with each other, and provide a potential safety hazard by impeding the view at intersections. Not once have I visited a store in Fountain Hills based on a A -Frame sign I've seen. As is obvious, since I do not support the expansion of A -Frame signs, neither would I support a two-year sunset clause. The expansion of "event" banners as proposed nullify the use of the descriptor "event" all together. I agree with staff and do not support the extension allowing banners to be erected for three days per week, every week nor do I support banner use for 14 days per month. Indeed, banners create a look of clutter. When used for specific, short-term and nuanced occasions, they may be appropriate. A banner is not an appropriate permanent sign. As proposed, where a banner could be placed for half a year every year, it certainly promotes a nearly permanent placement using a product that isn't intended as such. I agree with the recommendations by staff not to allow contractors to use banners instead of hard signs. Again, this is a classic element of what sets quality communities apart from average communities. Fountain Hills is not, and should not seek to become, an average community. I also agree with staff that any type of neon sign be denied. It is out of keeping with the Southwestern style of commercial development encouraged in our Southwestern community. In addition, I further agree with staff that ILlectronic message signs for commercial and industrial uses be denied. Taking any of these amendments alone is bad enough, but when considered cumulatively, these changes pose significant harm not just to the visual aesthetic of our community, but to the value of our residential and commercial properties. While working on a land use plan for a similar -sized community in Texas, a highly property -rights driven state with pockets of regulated communities, we held focus groups with local businesses to help define the vision for the community. One comment that will never leave me was from a representative of a business that had multiple locations/storefronts throughout the country. He said that when looking for placement of their next business location, they seek out the most stringently regulated communities they can find, because they know when they invest in their new location, that community's regulations will subsequently protect their investment. I encourage the Commission and Council to remain steadfast to the value of the master planned community, resisting the recommended changes to the Zoning Ordinance. I have heard rumors from those that support the expansion of signage that these changes will help to fill the empty storefronts throughout our town; in my experience, however, signage does not remedy the concerns we hear and observe in our community. As a final thought, please see the attached photo I took coming home from my SPAC meeting last night. This A -Frame sign has been in my neighborhood for several weeks now. It is in place 24 hours a day, seven days a week. As we look to invite more people and businesses to our community, I assure you, images such as these will not convince them to invest. nfortunately, an event downtown at the Flinn Foundation prevents me from attending tonight's meeting. I hope that ou might consider this submission part of the public comment you will receive as you continue consideration of this matter. 2 Audra • Audra Koester Thomas Partners for Strategic Action, Inc. 13771 N. Fountain Hills Blvd., Suite 11 A-360 Fountain Hills, Arizona 85268 p 480,816.1811 c 602.377.5612 f 480.816.1813 PSAplannin_a corn Note my new email address: audra .psaplannina.com 11 n E El • C 04 October 9, 2012 City of Fountain Hills Attn: City Council and Planning Commission 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 Re: Proposed Sign Code Comments To Whom It May Concern: DAKTRON I CS 201 Daktronics Dr. PO Bos 5128 Brookings, SD 57006-5128 tel 800-325-7446 605-692-0200 fax 605-692-0381 www.daktronics.com We are writing to ask that you disregard staff's recommendation for denial of the allowance of electronic message signs, for commercial and industrial uses, within the proposed sign code that you are set to hear October 11. We feel that the benefits of such signs have to the community's business owners outweighs the concerns expressed by staff. Additionally, we feel staff has failed to recognize that such signs can be an aesthetic benefit to the community. Economic and Community Benefits First, electronic message signs bring many benefits to businesses choosing to install them. In fact, the U.S. Small Business Administration has estimated that businesses installing such signs have the potential to increase their business anywhere from 15 to 150 percent. That increased business leads to increased tax revenues that ultimately support the entire community. Current Allowances Furthermore, the city already permits schools and churches to have electronic message signs. Therefore, concerns that such signs will be out of place in the community can't be raised, as such signs are already permitted within the community. Picking winners and losers with regard to who gets to have this valuable medium of communication should have no role within an ordinance, and borders on viewpoint discrimination that has been found by many courts to be unconstitutional. Aesthetics Finally, city staff has expressed concerns that these signs would discourage architectural design of signage, as well as concerns about the aesthetic impact. These concerns are unfounded, as many communities are opening up their doors to the allowance of electronic message signs specifically to help with aesthetics. Electronic message signs can easily be designed with aesthetics in mind. The content can be developed to mimic the architectural features of the businesses at which they are placed. We included a picture below for your reference. ]Do DAKTRONICS El u • DAKTRON I CS 201 Daktronics Dr. PO Bow 5128 Brookings, SD 57006-5128 tel 800-325-7446 605-692-0200 fax 605-692-0381 www.daktronics.com Additionally, unlike manual changeable copy signs, currently permitted by city ordinance, electronic message signs appear crisp, clean and new for years. Manual changeable copy signs grow cracked and yellowed, or the letters are often lost and become mismatched in a matter of months. If the city truly would like to improve the appearance of the area, permitting electronic message signs is a positive step forward in doing so. As stated previously, please see the following picture as an example of an electronic message sign that has been designed so as to be architecturally integrated into the design of the sign and building where it's placed. Thank you for taking the time to consider our request. Again, please approve amendments permitting electronic message signs for commercial and industrial uses. Please let me know if you have any questions or concerns. Best Regards, Terra Fisher State and Local Regulatory Affairs 605-692-0200 ]Do OAKTRONICS C Ll Janice Baxter From: Janice Baxter Ubaxter@fh.az.gov] ent: Wednesday, October 10, 2012 1:45 PM ro: Steven_harris@usa.net, Angela Strohan (P&Z); Gene Slechta (P&Z); Lloyd Pew (P&Z); Michael Archambault (P&Z); Richard Turner (P&Z); Stan Connick (P&Z) Cc: 'Ken Buchanan'; Paul Mood; 'Robert'Bob' Rodgers' Subject: FW: Sign Code Public Hearing and Recommendations Attachments: ISA ASA recommendations P & Z Fountain Hills 10-7-12.pdf FYI From: Robert'Bob' Rodgers [mailto:rrodgers('0fh.az.gov] Sent: Wednesday, October 10, 2012 1:08 PM To: 'Janice Baxter' Subject: FW: Sign Code Public Hearing and Recommendations Janice, Please forward this to the P&Z Commissioners. Thanks we *rom: James Carpentier[mailto:James.Carpentier(d)signs.org] ent: Wednesday, October 10, 2012 12:28 PM To: Ikavanagh(a0fh.az.gov; hleger@fh.az.gov; dbrown (a)fh.az.gov; gdickey@fh.az.gov; telkie(a)fh.az.gov; chansen@fh.az.gov; cyates(-Ofh.az.gov; pzc@fh.az.gov Cc: 'Patti King'; David Hickey; frank(a)fountainhillschamber.com; 'Robert'Bob' Rodgers'; 'jbaxter@fh.az.gov' Subject: Sign Code Public Hearing and Recommendations Dear Planning & Zoning Commission: On behalf of the Arizona sign Association and the International Sign Association I have attached some recommendations for the upcoming hearing on the sign code. Do not hesitate to contact me with any questions. Thank you for your consideration of our suggestions. Best Regards, James B Carpentier AICP State & Local Government Affairs Manager International Sign Association 1001 N. Fairfax Street, Suite 301 Alexandria, VA 22314 (703) 836-4012 ext. 132 Tel "480) 773-3756 Cell 103) 836-8353 Fax www.signs.org I www.signexpo.org iames.carpentier@signs.org L'IINTERNATIONAL .SIGN ASSOCIATION Capt in to receive emails from ISA! Visit http://tinyurl.com//SAoptin to sign up. Disclaimer: All messages created in this system are the property of the Town of Fountain Hills, Arizona and should be considered a public record subject to disclosure under the Arizona Public Records Law (ARS 39-121). Town employees, town public officials, and those who generate email to them, should have no expectation of privacy related to the use of this technology. A INTERNATIONAL SIGN ASSOCIATION October 10, 2012 Fountain Hills Planning & Zoning Commission 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 Re: Proposed text amendment to Chapter 6, Sign Regulations of the Zoning Ordinance of the Town of Fountain Hills Dear Planning & Zoning Commission: I am contacting you on behalf of the Arizona Sign Association and the International Sign Association. Both Associations are actively involved in sign legislation by assisting communities adopt reasonable and enforceable sign codes. We appreciated the recommendation included by the City Attorney to remove some content regulation in the sign code. We have a couple of other recommendations for your consideration. Although we have a number of concerns with the existing sign code the following we have the included the following suggestions. These recommendations will help to support the recent Town initiatives in regards to enhancing economic development in Fountain Hills. The following are our suggestions for the sign code: • The first recommendation deals with the purpose of the sign code. We believe significant purposes for a sign code are to enhance commerce and to protect constitutionally protected speech. • We also have some specific recommendations for the Electronic Message Center (EMC) section that will ensure appropriate brightness of EMCs at night and operational limitations. The EMC recommendations are similar to what the Committee recommended with additional clarifications. EMCs have proven to be the most cost effective method of advertising for small business. • We also have some specific recommendations for menu boards as the existing requirements are not reasonable. • We also are suggesting the inclusion of neon in the code. The town of Gilbert is an example where new neon in the downtown is very aesthetically done and adds to the economic vitality of the area. Our specific recommendations are attached for your review and consideration. LJ • • V • C! A INTERNATIONAL SIGN ASSOCIATION Do not hesitate to contact me with any questions at 480-773-3756 or james.carpentier@signs.org. Thank you for your consideration of our recommendations Jo wes (',cu�fieKtie� James Carpentier AICP Manager of State & Local Government Affairs 480-773-3756 0 u INTERNATIONAL SIGN ASSOCIATION Section 6.01 Purpose The Regulations set forth in this chapter are intended to encourage attractive signage for businesses and services, optimizing the availability of information, while promoting the general welfare by creating more aesthetically appealing community. To enhance and support commerce. To ensure that the constitutionally guaranteed right of free speech is protected. Signs not specifically authorized herein are prohibited, including, but not limited to the following: Neel,i. t a .flitted in ubserstion 6.08(P). , N. Menu Boards orientated to the drive-thru 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 must be located no less than forty-five (45) feet from any street property line. 4 Maximum aFea ^f twenty (20) squaFe feet -fifty (50) square feet. S. Maximum height of five (5) f^^+ seven(7) feet - P. Neon Signs are allowed only as follows: 1. b 2. LiRgited te inter-ier- window display enly (may not be used an exteFieF Of hUffil 3. The total amount of interior neon signage for any one business shall be six (6) square feet. 4. No more than two (2) neon signs shall be allowed for any business. CC. Electronic Message Signs — , includiRg eleet,^^;,. message nt^- sig Such signs are permitted in Commercial and Industrial zoning districts ei*, eF e"mce"es eF s6h^^ls and for nonresidential uses in residential districts subject to the following: 1. Signs must be on-site. 2. There shall be no moving or flashing Green or Red features which could be mistaken as traffic signals. 3 1^t^:^n'ttent ChaRg Message Duration: a. ARy changes to the faee eF cepy of the sign must have a minimum ef Eight (9) seeeRd interval between eh,^^ Such signs shall display static images only. Such static images shall hold on the display for a period of at least eight (8) seconds. b. Transitions from one static image to the next shall appear to be instantaneous without animation flashing or the appearance of movement of any kind Any ., . d to atl 1001 N- Fairfax Street. Suite 301 • Alexandria. VA 22314 • (703) 836-4012 TEL • (703) 836-8353 FAX v N INTERNATIONAL SIGN ASSOCIATION Such signs in residential zones shall be programmed to turn off or display a blank face 444 between 10:00 p.m. and 6:00 a.m the bael(gFGHRd must be daFI(eF than the text d. All electronic message signs shall come equipped with automatic dimming technology which automatically adjusts the sign's brightness in direct correlation with ambient light conditions. e. No electronic message center shall exceed a brightness level of 0.3 foot candles above ambient light as measured using a foot candle (Lux) meter at a preset distance depending on sign area. The measurement distance shall be calculated with the following formula: The square root of the product of the sign area and one -hundred. Example using a 12 square foot sign: Measurement Distance = d(12 Sq. Ft. x 100) = 34.6 1001 N. Fairfax Street, Suite 301• Alexandria. VA 22314 • (703) 8364012 TEL- (703) 83648353 FAX E E Janice Baxter From: Janice Baxter Ubaxter@fh.az.gov] ent: Wednesday, October 10, 2012 8:27 AM o: Angela Strohan (P&Z); Gene Slechta (P&Z); Lloyd Pew (P&Z); Michael Archambault (P&Z); Richard Turner (P&Z); Stan Connick (P&Z) Cc: 'Ken Buchanan'; 'Robert'Bob' Rodgers'; Paul Mood Subject: FW: Letter Regarding Proposed Sign Regulations FYI From: Robert'Bob' Rodgers [ma iIto: rrodgers@fh.az.gov] Sent: Wednesday, October 10, 2012 8:18 AM To: 'Janice Baxter' Cc: Paul Mood Subject: RE: Letter Regarding Proposed Sign Regulations Janice, Please forward to the P&Z Commission members. Thanks. :.. From: Terra Fisher[mailto:Terra.Fisher@daktronics.com] ent: Wednesday, October 10, 2012 7:16 AM %ftro: Ikavanagh@fh.az.gov; hleger@fh.az.gov; dbrown@fh.az.gov; gdickey@fh.az.gov; telkie@fh.az.gov; chansen@fh.az.gov; cyates@fh.az.gov; pzc@fh.az.gov Cc: frank@fountainhillschamber.com Subject: Letter Regarding Proposed Sign Regulations Hello, I have attached a letter from Daktronics regarding Fountain Hills' proposed sign ordinance that is set to be heard tomorrow night (October 11) at your Town Council/Planning Commission joint session. I hope you find the attached letter beneficial in your consideration of this ordinance. Please let me know if you have any questions. Best Regards, T6rr2 FI Sher State and Local Regulatory Affairs Daktronics Cell: 605-691-1285 Fax: 605-692-0381 NOTE: I no longer have an extension. Please call my cell. LW 1 11 C n Town of Fountain Hills Staff Report that is AsYs' The Sign Ordinance Review Committee Elected&A000inted Officials Local Businesses Cassie Hanzen, Town Councilmember Shawn White, Sternfels& White, PLLC Dennis Brown, Town Councilmember Chamber of Commerce Cecil Yates, P&Z Commissioner Sherry Sledge, Bodyworks Gene Slechta, P&Z Commissioner Chris Pinna, CSI Printing Ronie Sells, Spike's Treats Town Staff Joe Ohnsorg, Signtech Paul Mood, Development Services Director Margy Squires, TYH, Inc. Bob Rodgers, Senior Planner Jason Field, Chief Building official Other Attendees Roy Jaffe, Code Enforcement Officer Bob Burns, The Times of Fountain Hills Janice Baxter, Executive Assistant Recommendations Sign Ordinance Committee Recommends Approve as presented Staff Recommends forwarding a recommendation to Approve as Amended Zoning Ordinance - Chapter 6 The sign regulations are designed to encourage the creation of an attractive appearance throughout the town, While eliminating signs that may contribute to visual clutter. The reeulations for siens have soecific obiectives: 1. To reflect and suppod the desbed character and developni— part—of the various zoning dstricts. 2. Toallay for adequate and effective sigm in all tuning districts while still providing reasonable limits n the magndude and extent & the graphic communication and to keep zi2nrs frau dommzting the appearance of the area. 3. To dhtinguish between signs that require visibilR, from automobiles and those that are oriented to pedestria— x. To require design standards for ktatiun, comtrudlon, installation, and proper maintenance so that public safety and traffic safety are na compromised. Exhibit "F" r1 U 1� 11 ��TAIN�jl 40 t� z n � b 9'�fhat is A��ti�� October 11, 2012 Town of FOUNTAIN HILLS DEVELOPMENT SERVICES DEPARTMENT ADDITIONAL MATERIALS SIGN ORDINANCE FEEDBACK Page 1 of I v 0 C Janice Baxter From: Janice Baxter Ubaxter@fh.az.gov] �w3ent: Wednesday, October 10, 2012 8:27 AM To: Angela Strohan (P&Z); Gene Slechta (P&Z); Lloyd Pew (P&Z); Michael Archambault (P&Z); Richard Turner (P&Z); Stan Connick (P&Z) Cc: 'Ken Buchanan'; 'Robert'Bob' Rodgers'; Paul Mood Subject: FW: Letter Regarding Proposed Sign Regulations FYI From: Robert'Bob' Rodgers [ma iIto: rrodgers@fh.az.gov] Sent: Wednesday, October 10, 2012 8:18 AM To: 'Janice Baxter' Cc: Paul Mood Subject: RE: Letter Regarding Proposed Sign Regulations Janice, Please forward to the P&Z Commission members. Thanks. :.. From: Terra Fisher[mailto:Terra.Fisher�adaktronics.com] %,13ent: Wednesday, October 10, 2012 7:16 AM To: Ikava nag h@fh.az.gov; hlegerWh.az.aov; dbrown@fh.az.gov; gdickey@fh.az.gov; telkie@fh.az.gov; chansenWh.az.gov; cyates@fh.az.gov; pzc(Wh.az.gov Cc: frank(Wountainhillschamber.com Subject: Letter Regarding Proposed Sign Regulations Hello, I have attached a letter from Daktronics regarding Fountain Hills' proposed sign ordinance that is set to be heard tomorrow night (October 11) at your Town Council/Planning Commission joint session. I hope you find the attached letter beneficial in your consideration of this ordinance. Please let me know if you have any questions. Best Regards, Tema FLSker State and Local Regulatory Affairs Daktronics Cell: 605-691-1285 Fax: 605-692-0381 NOTE: I no Conger have an extension. Please call my cell. Disclaimer: All messages created in this system are the property of the Town of Fountain Hills, Arizona and should be considered a public record subject to disclosure under the Arizona Public Records Law (ARS 39-121). Town employees, town public officials, and those who generate email to them, should have no expectation of privacy related to the use of this technology. RI E DAKTRON 1 CS 201 Dak-tronics Dr. FO Do 5128 Brookings, SD 5700'-5128 tel 800-325-7446 605-692-0200 fax 605-692-0381 www.daktronics.com October 9, 2012 City of Fountain Hills Attn: City Council and Planning Commission 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 Re: Proposed Sign Code Comments To Whom It May Concern: We are writing to ask that you disregard staff's recommendation for denial of the allowance of electronic message signs, for commercial and industrial uses, within the proposed sign code that you are set to hear October 11. We feel that the benefits of such signs have to the community's business owners outweighs the concerns expressed by staff. Additionally, we feel staff has failed to recognize that such signs can be an aesthetic benefit to the community. Economic and Community Benefits First, electronic message signs bring many benefits to businesses choosing to install them. In fact, the U.S. Small Business Administration has estimated that businesses installing such signs have the potential to increase their business anywhere from 15 to 150 percent. That increased business leads to increased tax revenues that ultimately support the entire community. Current Allowances Furthermore, the city already permits schools and churches to have electronic message signs. Therefore, concerns that such signs will be out of place in the community can't be raised, as such signs are already permitted within the community. Picking winners and losers with regard to who gets to have this valuable medium of communication should have no role within an ordinance, and borders on viewpoint discrimination that has been found by many courts to be unconstitutional. Aesthetics Finally, city staff has expressed concerns that these signs would discourage architectural design of signage, as well as concerns about the aesthetic impact. These concerns are unfounded, as many communities are opening up their doors to the allowance of electronic message signs specifically to help with aesthetics. Electronic message signs can easily be designed with aesthetics in mind. The content can be developed to mimic the architectural features of the businesses at which they are placed. We included a picture below for your reference. ]Do DAKTRONICS DAKTRONICS 201 Daktronics Dr. PO Box 5128 • Brookings, SD 57006-5128 tel 800-325-7446 605-692-0200 fa_� 605-692-0381 ina. daktronics . com Additionally, unlike manual changeable copy signs, currently permitted by city ordinance, electronic message signs appear crisp, clean and new for years. Manual changeable copy signs grow cracked and yellowed, or the letters are often lost and become mismatched in a matter of months. If the city truly would like to improve the appearance of the area, permitting electronic message signs is a positive step forward in doing so. As stated previously, please see the following picture as an example of an electronic message sign that has been designed so as to be architecturally integrated into the design of the sign and building where it's placed. :,LAI_ Thank you for taking the time to consider our request. Again, please approve amendments permitting electronic message signs for commercial and industrial uses. Please let me know if you have any questions or concerns. Best Regards, Terra Fisher State and Local Regulatory Affairs 605-692-0200 Ime, DAKTRONICS 9 19 N Janice Baxter From: Robert'Bob' Rodgers [rrodgers@fh.az.gov] gent: Thursday, October 11, 2012 1:31 PM To: 'Janice Baxter' Subject: FW: Sign Ordinance Feedback Attachments: photo.JPG.JPG Janice, Please forward this to the P&Z Commissioners. Thanks. :.. From: Audra Koester Thomas [mailto:audra@psaplanning.com] Sent: Thursday, October 11, 2012 12:05 PM To: Leger, Henry; Linda Kavanagh; dbrown@fh.az.gov; Ginny Dickey; Tait Elkie; chansen@fh.az.gov; cyates@fh.az.gov; pzc@fh.az.gov Cc: rrodgers@fh.az.gov; Shaunna Williams Subject: Sign Ordinance Feedback Commission and Council: As you may know, I have served several years on the Town's Strategic Planning Advisory Commission. However, in my day job, I work for a Fountain Hills -based community planning firm that develops land use and community planning strategies throughout the Southwest. We develop general plans, economic development plans, and even zoning ordinances to promote vibrant communities that people want to live, work and/or play in. I have followed the ongoing dialogue, debate and deliberations regarding changes to the Town's sign code. I attempted to attend one of the open houses back in April, but as you might recall, I arrived at the closing minutes only to find the Community Center facility empty. Subsequently, I sent an email outlining my concerns over expanding the use of signage, particularly electronic message boards, banners and A -Frame signs, throughout our community. Fountain Hills is not the first master planned community I've worked with or lived in. In fact, as an adult, I've only lived in master planned communities, and before moving to Arizona, I worked for arguably the best master planned community in the country: The Woodlands, Texas. I am extensively familiar with the use of covenants, deed restrictions, development standards, and zoning ordinances in how they can be used both effectively and ineffectively at preserving character, protecting property values and enhancing viability. It is common that in the finest master planned communities, sign placement, use, type and kind are narrowly defined and strictly enforced. Building, parking and signage design standards are potent elements in creating a desired community aesthetic because they are the largest visible built elements; and in our sparse desert, where there is often little vegetative or native structure to compete with the built environment, the impact of those assets is even more important to analyze. I remain steadfastly opposed to the proposed changes to sign regulations in the Town's Zoning Ordinance. Over the course of the past several years, the Town and its elected and appointed officials have allowed the A -Frame and banner sign experiment to continue long after its original and amended timeframe, routinely extending the sunset clause. L4either by my observations nor those witnessed by the Commission and Council have we seen a wiliness of partnership on behalf of those who seek to utilize expanded A -Frame and banner sign allowances. Compliance remains a problem, and this alone should provide great pause at any consideration for these expansions. tA At I support the Commission's recommendation for increased penalties for sign violations; it's clear that with these continued, selfish violations, there is little respect for the Town, it's Zoning Ordinance or our residents, visitors and other businesses. I do not support the expansion of A -Frame signs, including placement in the street right of way or placement between 6 am and midnight. I support the use of A -Frame signs in close proximity to the business itself; chalk -board A -Frames, for example, that announce a special purchasing opportunity provide a quaint, comfy feel while allowing pedestrians a brief glimpse into what the store might offer. During this prolonged experiment, the signs I've seen in the right of way create a cluttered view, overly compete with each other, and provide a potential safety hazard by impeding the view at intersections. Not once have I visited a store in Fountain Hills based on a A -Frame sign I've seen. As is obvious, since I do not support the expansion of A -Frame signs, neither would I support a two-year sunset clause. The expansion of "event" banners as proposed nullify the use of the descriptor "event" all together. I agree with staff and do not support the extension allowing banners to be erected for three days per week, every week nor do I support banner use for 14 days per month. Indeed, banners create a look of clutter. When used for specific, short-term and nuanced occasions, they may be appropriate. A banner is not an appropriate permanent sign. As proposed, where a banner could be placed for half a year every year, it certainly promotes a nearly permanent placement using a product that isn't intended as such. I agree with the recommendations by staff not to allow contractors to use banners instead of hard signs. Again, this is a classic element of what sets quality communities apart from average communities. Fountain Hills is not, and should not seek to become, an average community. I also agree with staff that any type of neon sign be denied. It is out of keeping with the Southwestern style of commercial development encouraged in our Southwestern community. In addition, I further agree with staff that electronic message signs for commercial and industrial uses be denied. Taking any of these amendments alone is bad enough, but when considered cumulatively, these changes pose significant harm notjust to the visual aesthetic of our community, but to the value of our residential and commercial properties. While working on a land use. plan for a similar -sized community in Texas, a highly property -rights driven state with pockets of regulated communities, we held focus groups with local businesses to help define the vision for the community. One comment that will never leave me was from a representative of a business that had multiple locations/storefronts throughout the country. He said that when looking for placement of their next business location, they seek out the most stringently regulated communities they can find, because they know when they invest in their new location, that community's regulations will subsequently protect their investment. I encourage the Commission and Council to remain steadfast to the value of the master planned community, resisting the recommended changes to the Zoning Ordinance. I have heard rumors from those that support the expansion of signage that these changes will help to fill the empty storefronts throughout our town; in my experience, however, signage does not remedy the concerns we hear and observe in our community. As a final thought, please see the attached photo I took coming home from my SPAC meeting last night. This A -Frame sign has been in my neighborhood for several weeks now. It is in place 24 hours a day, seven days a week. As we look to invite more people and businesses to our community, I assure you, images such as these will not convince them to invest. Unfortunately, an event downtown at the Flinn Foundation prevents me from attending tonight's meeting. I hope that you might consider this submission part of the public comment you will receive as you continue consideration of this matter. 2 I Audra Audra Koester Thomas Partners for Strategic Action, Inc. 13771 N. Fountain Hills Blvd., Suite 1 14-360 Fountain Hills, Arizona 85268 p 480.816.1811 c 602.377.5612 f 480.816.1813 PSAplanning.com Note my new email address: audra@psaplanning.com Janice Baxter rom: Janice Baxter obaxter@fh.az.gov] �14ent: Wednesday, October 10, 2012 1:45 PM To: Steve n_ha rris@ usa. net; Angela Strohan (P&Z); Gene Slechta (P&Z); Lloyd Pew (P&Z); Michael Archambault (P&Z); Richard Turner (P&Z); Stan Connick (P&Z) Cc: 'Ken Buchanan'; Paul Mood; 'Robert 'Bob' Rodgers' Subject: FW: Sign Code Public Hearing and Recommendations Attachments: ISA ASA recommendations P & Z Fountain Hills 10-7-12.pdf FYI From: Robert'Bob' Rodgers [ma iIto: rrodgers fh.az.gov] Sent: Wednesday, October 10, 2012 1:08 PM To: 'Janice Baxter' Subject: FW: Sign Code Public Hearing and Recommendations Janice, Please forward this to the P&Z Commissioners. Thanks. :•7 'rom: James Carpentier [mailto•James Carpentier(a signs.orci] Sent: Wednesday, October 10, 2012 12:28 PM To: IkavanaghC'fh.az.gov; hlegem'bfh.az.gov; dbrown (0h.az.gov; _dq ickeysabfh.az.gov; telkie@fh.az.gov; chansenCslfh.az.gov; cyates(0h.az.gov; pzc fh.az.gov Cc: 'Patti King'; David Hickey; frankC�fountainhillschamber.com; 'Robert'Bob' Rodgers'; 'jbaxter@fh.az.gov' Subject: Sign Code Public Hearing and Recommendations Dear Planning & Zoning Commission: On behalf of the Arizona sign Association and the International Sign Association I have attached some recommendations for the upcoming hearing on the sign code. Do not hesitate to contact me with any questions. Thank you for your consideration of our suggestions. Best Regards, James B Carpentier AICP State & Local Government Affairs Manager International Sign Association 1001 N. Fairfax Street, Suite 301 Alexandria, VA 22314 (703) 836-4012 ext. 132 Tel C(480) 773-3756 Cell (703) 836-8353 Fax www.signs.org I www.signexpo.org james.carpentier@signs.org A INTERNATIONAL SIGN ASSOCIATION October 10, 2012 Fountain Hills Planning & Zoning Commission 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 Re: Proposed text amendment to Chapter 6, Sign Regulations of the Zoning Ordinance of the Town of Fountain Hills Dear Planning & Zoning Commission: I am contacting you on behalf of the Arizona Sign Association and the International Sign Association. Both Associations are actively involved in sign legislation by assisting communities adopt reasonable and enforceable sign codes. We appreciated the recommendation included by the City Attorney to remove some content regulation in the sign code. We have a couple of other recommendations for your consideration. Although we have a number of concerns with the existing sign code the following we have the included the following suggestions. These recommendations will help to support the recent Town initiatives in regards to enhancing economic development in Fountain Hills The following are our suggestions for the sign code: • The first recommendation deals with the purpose of the sign code. We believe significant purposes for a sign code are to enhance commerce and to protect constitutionally protected speech. • We also have some specific recommendations for the Electronic Message Center (EMC) section that will ensure appropriate brightness of EMCs at night and operational limitations. The EMC recommendations are similar to what the Committee recommended with additional clarifications. EMCs have proven to be the most cost effective method of advertising for small business. • We also have some specific recommendations for menu boards as the existing requirements are not reasonable. • We also are suggesting the inclusion of neon in the code. The town of Gilbert is an example where new neon in the downtown is very aesthetically done and adds to the economic vitality of the area. Our specific recommendations are attached for your review and consideration. vvw signs.org • info@signs.org F 1001i 8364012 • c INTERNATIONAL SIGN ASSOCIATION Do not hesitate to contact me with any questions at 480-773-3756 or iames.carpentier@signs.org. Thank you for your consideration of our recommendations lees ea' -pe rat - James Carpentier AICP Manager of State & Local Government Affairs 480-773-3756 1001 N. Fairfax Street. Suite 301 • Alexandria, VA 22314 • (703) 836-4012 TEL, (703) 836-8353 FAX INTERNATIONAL SIGN ASSOCIATION Section 6.01 Purpose The Regulations set forth in this chapter are intended to encourage attractive signage for businesses and services, optimizing the availability of information, while promoting the general welfare by creating more aesthetically appealing community. To enhance and support commerce. To ensure that the constitutionally guaranteed right of free speech is protected. I. Signs not specifically authorized herein are prohibited, including, but not limited to the following: i. Neon signs, except as peffnitted in subseEtien 6.08(P). N. Menu Boards orientated to the drive-thru 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 must be located no less than forty-five (45) feet from any street property line. 4. Ma)(i fflU ' aFea eftwenty (20) squaice f +fifty 501s feet. height of five (5) feet S. Ma3flmHiii i�ciSrc��-r.vc�T/-rccz seven (7) feet - Neon Signs are allowed only as follows: 0 1. 2. Limited te h4ter4eic window display enly (Fnay net be used an e)(teFiE)F of building.-. 3. The total amount of interior neon signage for any one business shall be six (6) square feet. 4. No more than two (2) neon signs shall be allowed for any business. CC. Electronic Message Signs —Any sign with inteffnittent, S6FeIIiF1g OF flashing illumination, eIeGtFeAiG message eenteF Sig Such signs are permitted in Commercial and Industrial zoning districts ems, eF ehuFr=hes OF 5eh8eIS and for nonresidential uses in residential districts subject to the following: 1. Signs must be on-site. 2. There shall be no moving or flashing Green or Red features which could be mistaken as traffic signals. 3. inteRnittent Changes- a. ha.nges Message Duration: a. Any Ehanges te the faee OF copy ef the sign must have a Fninimum of Eight (8) seen d inteF '.,' between ehang Such signs shall display static images only. Such static images shall hold on the display for a period of at least eight (8) seconds. b. Transitions from one static image to the next shall appear to be instantaneous without animation, flashing or the appearance of movement of any kind A-ny ehanges to the fare eF eepy ef the sign must step at 10:00 p.m., exeept fGF time and tempeFatw-e. _ • : _ 1001 N Fairfax Street. Suite 301 • Alexandria. VA 22314.(703) 836.4012 TEL • (703) 836-8353 FAX w7 INTERNATIONAL SIGN .ASSOCIATION C. Such signs in residential zones shall be programmed to turn off or_ disolay_a blank face 4e+ between 10:00 p.m. and 6:00 a.m daF!(eF than the text d. All electronic message signs shall come equipped with automatic dimming technology which automatically adjusts the sign's brightness in direct correlation with ambient light conditions. e. No electronic message center shall exceed a_brightness level of 0.3 foot candles above ambient light as measured using a foot candle (Lux) meter at a preset distance depending on sign area. The measurement distance shall be calculated with the following formula: The square root of the product of the sign area and one -hundred. Example using a 12 square foot sign: Measurement Distance = V(12 Sq. Ft. x 100) = 34.6 C Meeting Date: October 11, 2012 Agenda Type: Regular TOWN OF FOUNTAIN HILLS ❑ Planning and Zoning ❑ Board of Adjustment AGENDA ACTION FORM Meeting Type: Regular Submitting Division: Planning & Zoning Staff Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodgers(a.fh.az._gov REQUEST TO PLANNING & ZONING COMMISSION: CONTINUED CONSIDERATION of TEXT AMENDMENTS to the Zoning Ordinance to amend Chapters 12, 16 and 18 . If adopted, the amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts. The amendment would also eliminate the requirement that outdoor seating areas be fenced if no alcohol is served and there are no public safety issues. ORD #12-05 Applicant: The Town of Fountain Hills 1pplicant Contact Information: Planning & Zoning Division - Robert Rodgers, Senior Planner Property Location: N/A Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance Chapter 12 — Section 12.02.B.1.t — Commercial Zoning Districts Fountain Hills Zoning Ordinance Chapter 12 — Section 12.02.C.18 — Commercial Zoning Districts Fountain Hills Zoning Ordinance Chapter 12 — Section 12.04.0 — Commercial Zoning Districts Fountain Hills Zoning Ordinance Chapter 16 — Lodging Zoning Districts Fountain Hills Zoning Ordinance Chapter 18 — Section 18.03.B.23 — Town Center Commercial Zoning District Staff Summary (background): Staff receives numerous inquiries from restaurants regarding whether or not they can create outdoor seating areas for their customers to use during the cooler months. Currently, the TCCD zoning district is the only district that permits NON -enclosed outdoor seating areas. Enclosed outdoor seating areas are permitted accessories in the C-2, C-3, L-1, L-2, and L-3 zoning districts, and enclosed outdoor seating areas are allowed by Special Use Permit in the C -C and C-1 zoning districts. The proposed text amendments will provide all restaurants which are already permitted uses and located within any commercial or lodging zoning districts, with the option of creating on-site outdoor seating areas for their customers without the requirement that they obtain a Special Use Permit or that they necessarily have to enclose the patio area. 'Restaurants that do not serve alcohol will be provided the option of not installing a fence or similar barrier around their outdoor seating areas. Restaurants that serve alcoholic beverages will also have the option unless required to enclose their outdoor seating areas under the State Liquor License requirements. Exceptions are made in cases where public safety would be compromised. In such cases, the town will require the seating Page 1 of 2 area to be fenced or otherwise protected. This safety determination will be made during the Concept Plan approval and/or the Building Permit process. Or, in cases where no approvals for physical improvements are required, the Zoning Administrator will make the determination administratively. SDA requirements would not be affected and would remain a requirement Risk Analysis (options or alternatives with implications): Adoption of the proposed ordinance amendments will allow restaurants in commercial and lodging zoning districts to create outdoor seating and dining areas and to do so without enclosures when appropriate and safe. Not adopting the amendments will maintain the current ordinance standards that require all restaurants outside the TCCD zoning district to enclose their outdoor patio areas regardless of location or whether alcoholic beverages are served. Restaurants in the C -C and C-1 zoning districts would also still be required to receive Special Use Permits before creating such areas. Fiscal Impact (initial and ongoing costs; budget status): N/A Recommendation(s): The Planning & Zoning Commission voted to initiate this amendment at their May 24, 2012 regular meeting. The Commission also voted at their June 28, 2012 meeting to recommend approval of this amendment. The Commission held a second Public Hearing on September 13, 2012. At that hearing there was discussion regarding whether or not to exclude the C -C and/or the C-1 zoning districts from the requirement to fence their outdoor seating areas. The discussion was continued in order to have the full Commission present and voting. Staff Recommendation(s): staff recommends that the Planning & Zoning Commission vote to forward the recommendation to the Town Council to approve the proposed text amendments to Chapters 12, 16 and 18 of the Zoning Ordinance relating to Outdoor Seating Areas in all commercial districts as presented. SUGGESTED MOTION: Move to forward a recommendation to the Town Council to approve the proposed text amendments to Chapters 12, 16 and 18 of the Zoning Ordinance relating to Outdoor Seating Areas as presented. Attachment(s): Ordinance #12-05 P&Z Agenda and Meeting Minutes of 6/28/12 P&Z Meeting Minutes of 9/13/12 Submitted by: Bob Rodgers, Senior Plann October 1 2012 Name/Title Date Approved by: eveent SeKices Director Date Page 2 of 2 0 ORDINANCE NO. 12-05 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 12 COMMERCIAL ZONING DISTRICTS, CHAPTER 16 LODGING ZONING DISTRICTS, AND CHAPTER 18 TOWN CENTER COMMERCIAL ZONING DISTRICT, RELATED TO OUTDOOR SEATING AREAS. WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted Ordinance No. 93-22, which adopted the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, the Town Council desires to amend the Zoning Ordinance to revise Chapter 12 (Commercial Zoning Districts), Chapter 16 (Lodging Zoning Districts) and Chapter 18 (Town Center Commercial Zoning District), (i) to allow restaurants within those districts to have outdoor seating areas and (ii) to clarify that outdoor seating areas need not be enclosed if no alcoholic beverages are served; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings regarding this Ordinance were advertised in the August 22, 2012, and August 29, 2012 editions of the Fountain Hills Times; and 0WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on September 13, 2012, and by the Town Council on October 4, 2012. • NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Zoning Ordinance, Chapter 12 (Commercial Zoning Districts), Subsection 12.02(B)(1) (Permitted Uses, Uses Permitted in C-1, C -C, C-2, and C-3, Zoning Districts, Commercial Uses) is hereby amended by modifying subsection t thereof, to read as follows: 1758780.4 t. Restaurants, INCLUDING OUTDOOR PATIO WITH OR WITHOUT COCKTAIL LOUNGES, PROVIDED THAT THERE IS NO ENTERTAINMENT OR MUSIC AUDIBLE OFF-SITE AND PROVIDED THAT ANY OUTDOOR PATIO WITH ALCOHOLIC BEVERAGE SERVICE MUST BE ENCLOSED AS REQUIRED BY ARIZONA REVISED STATUTES § 4-207.01, AS AMENDED, EXCEPT FOR THE TIME DURING WHICH A CURRENT AND APPLICABLE BARRIER EXEMPTION, AS GRANTED BY THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL, IS IN PLACE FOR THE OUTDOOR PATIO. LIQUOR LICENSES AND CONTROL, IS IN PLACE FOR THE OUTDOOR PATIO. SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 8. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, October 4, 2012. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor • REVIEWED BY: • Ken Buchanan, Town Manager 1758780.4 3 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney N TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION JUNE 28, 2012 Chairman Lloyd Pew opened the session of the Planning and Zoning Commission at 6:30 p.m. The following Commissioners were present: Chairman Lloyd Pew, Commissioners Stan Connick, Angela Strohan, Richard Turner and Gene Slechta, [and one open Commissioner's seat]. Also in attendance were Paul Mood, Director of Development Services, Robert Rodgers Senior Planner, and Janice Baxter Executive Assistant and Recorder of the Minutes. Commissioner Michael Archambault was unable to attend the meeting due to a health issue and he notified staff in advance. Chairman Lloyd Pew requested participation in the Pledge of Allegiance and a moment of silent reflection. ROLL CALL: Chairman Lloyd Pew present Commissioner Stan Connick present Commissioner Mike Archambault absent Commissioner Angela Strohan present Commissioner Richard Turner present Commissioner Gene Slechta present Chairman Lloyd Pew nominated Commissioner Angela Strohan for the remainder of Cecil Yate's term as Planning and Zoning Vice -Chairman. Commissioner Richard Turner SECONDED the NOMINATION and a voice vote was taken. Commissioner Strohan was unanimously approved and Commissioner Angela Strohan was appointed to the position of vice-chairman. Vice -Chairman Strohan's term will begin on Thursday, June 28, 2012 and expire on Thursday, October 11, 2012. CALL TO THE PUBLIC No one wished to speak. REGULAR AGENDA AGENDA ITEM #1 — CONSIDERATION of APPROVING the Regular Session meeting minutes of the Planning and Zoning Commission from Thursday, MAY 24, 2012. Commissioner Stan Connick MOVED to APPROVE the regular session meeting minutes for the Planning and Zoning Commission dated May 24, 2012. Commissioner Gene Slechta Page 1 of 7 gn k SECONDED. A roll call was taken and the MOTION CARRIED (3 ayes and 2 abstained), by those present. Commissioner Richard Turner aye Chairman Lloyd Pew aye Commissioner Stan Connick aye Commissioner Angela Strohan abstained Commissioner Gene Slechta abstained AGENDA ITEM 92 — PUBLIC HEARING of a TEXT AMENDMENT to amend Section 19.05 — Public Art Requirements of the Zoning Ordinance. If adopted, the amendment would revise the options for developer donations to the Public Art Fund to require that such donations be made at the time of the Building Permit issuance rather than at the time of Certificate of Occupancy issuance. Case Number Z2012-02; Ordinance 2012-04. Senior Planner Robert Rodgers gave the presentation. Mr. Rodgers explained that currently Public Art contributions are made at the time of Occupancy Permit approval for Commercial, Industrial, or Multi -Family development projects and this has proven to be problematic for the Building Safety Division over the past few years. Mr. Rodgers continued to state that on occasion, Building Division staff has had to hold back Certificates of Occupancy after a building had been constructed due to the applicant's not having met the public art requirement. Additionally, this requirement has occasionally slipped through the cracks and Certificates of Occupancy have been issued in error due to the current permit tracking software's inability to flag this requirement in the system. Mr. Rodgers added that as the responsibility for collecting the public art donations rests with the Building Safety Division, they have requested that the ordinance be amended to require that the donations be made a the time the Building Permit is issued. The Planning and Zoning Commission voted to initiate this proposed zoning amendment at their May 24, 2012, regular meeting. Staff recommended that the Planning and Zoning Commission vote to forward a recommendation to the Town Council to approve the proposed Public Art zoning ordinance text amendment. Public Hearing Opened at 6:35 p.m. No one from the public requested to speak. Public Hearing Closed at 6:35 p.m. AGENDA ITEM 93 — CONSIDERATION of a TEXT AMENDMENT to amend Section 19.05 — Public Art Requirements of the Zoning Ordinance. If adopted, the amendment would revise the options for developer donations to the Public Art Fund to require that such donations Page 2 of 7 be made at the time of the Building Permit issuance rather than at the time of Certificate of Occupancy issuance. Case Number 22012-02; Ordinance 2012-04. The Commission discussed in length the issue of refunding, monies collected at the time of an issued permit and what happened if the project did not complete. Commissioner Richard Turner, Vice -Chairman Strohan, Commissioner Stan Connick, and Chairman Pew supported collecting the monies at the time of issuance of the building permit, but '111 Ht that if the project, for whatever reason did not Finalize the art monies should be refunded in full to the applicant. Commission Gene Sleclita supported completely the proposal by staff*. Commissioner Stan Connick made a MOTION to forward a recommendation to the Town Council that funds would be collected at tile time of pennit issuance, but not released for use until the time of issuance of a project Certificate of Occupancy, Art monies would then be released. Additionally, if a project was not kept active, the art monies would be refunded to the applicant of the project. Commissioner Richard Turner SECONDEA) wed the MOTION was approved -0, by those present. AGENDA ITENI 94 — PUBLIC HEARING of a TEXT AMENDMENT ng to the Zoning , Ordinance to amend Chapters 12. 16. and I8. If adopted, the aniendinews -would revise the permitted use sections to allow all restaurants tea IMVC Outdoor seating areas in commercial or lodging zoning districts. The amendment would also eliminate the, requirement that outdoor seating areas be fenced if no alcohol is served and there are no public safety issues. Case Number 72012-04; Ordinance 201 2-0i. Senior Planner Robert Rodgers gave the presentation. Nlr. Rodgers stated that staff had received numerous inquiries From restaurants regarding whether or not tile), could create outdoor seating areas for their customers to use during tile cooler months. Nir. Rodgers explained that currently, the TCCD zoning district is the only district that permits NON -enclosed outdoor seating areas. Mr. Rodgers pointed out that staff was proposing that all restaurants located within any commercial or lodging zoning districts have the option of creating on-site outdoor seating areas for their customers without (lie requirement that they obtain a Special Use Permit or that they necessarily have to enclose the patio area. Mr. Rodgers noted that restaurants that do not serve alcohol would have the option of not installing a fence or similar barrier -around their outdoor- seating ateas and restaurants that served alcoholic beverages would still be required to enclose their outdoor seating areas under the State Liquor License requirements. Exceptions would be made in cases where public safety would he compromised and in those cases the town would require the seating area to be fenced or othcr\vise protected. Nlr. Rodgers commented that a safety determination would be made or, during Concept Plan review and/or the building, permit process. Mr. Rodgers added Jiaa where no approvals for Page 3 of 7 physical improvements were required, the Zoning Administrator would make a determination administrative[), and ADA requirements would not be affected and would remain a requirement. Staff recommended that the: Planning and Zoning Commission vote to forward the recommendation to the Town Council to approve [lie proposed text amendments to Chapters 12. 16, and 18 of the Zoning Ordinance relating to Outdoor seating? areas, Public Hearing Opened at 6:52 p.m. One speaker card was received from Town Councilmember Cecil Yates. Councilincinbcr Yates stated that lie felt this proposed amendment was a good idea. No one else from the public wished to speak. Public Hearing Closed at 6:54 p.m. AG[ ,'N,I)A ITEIM #5 — CONSIDERATION of a TEXT AINIENDINIEN'r to the Zoning Ordinance to amend Chapte r s 12. 16, and 18. It' adopted, the amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts. *File amendment would also eliminate the requirement that outdoor seating areas be fenced if no alcohol is served and there are no public safety issues. Case Number Z2012-04; Ordinance 2012-05. Commissioner Gene Sleclita stated that his objections were centered on (lie removing of the special use permit requirement for zoning districts C -C and C-1. Commissioner Sleclita pointed out that theses two districts were different than the other commercial zoning districts since they serve a surrounding residential neighborhood, as defined in the Zoning Ordinance. Fie also Z:� pointed out that the special use permits requirement gives nearby residents the opportunity to provide feedback to the Town concerning possible noise concerns. \Mr. Rodgers stated that in Fountain Hills lie did not know of any commercial district that (lid not have adJacent residential properties. Commissioner Sleclita stated out that he was ill SLIppOrt of' the proposed outdoor seating for restaurants but did not support the discontinuing of' the special use permit process. Mr. Rodgers pointed out that staff %vas trying, to treat all restaurants the same when it came to this issue. Commissioner- Stan Connick stated his support audible entertainment outside was allowed. Mr. in previously and Would not change. since the arnendnivnt language Stated that 110 Rodgers pointed out that this language has been Commissioner Richard Turner stated that this was a good idca but businesses nlay need monitoring so that the business community respected staff's reconinicndation. Commissioner Richard Turner made a INIOTION to APPROVE tile proposed text amendments to Chapters 12, 16. and 18 of (lie Zoning Ordinance relating to outdoor seating areas, as presented. Vice -Chairman Angela Strolian SECONDED and the jNJOTION passed 4-1, with Commission Gene Slechta voting nay. Pigs 4 of 7 AGENDA ITEM #6 — PUBLIC HEARING of TEXT AMENDMENTS to Chapters 2. 5. 9, 10, 11. 15, and 18 of the Zoning Ordinance. If adopted, the amendments would revise the zoning regulations relating to Temporary Use Permits to amend, eliminate, and/or redefine these sections in order to streamline processes and eliminate unnecessary bureaucracy or duplicative permits. Case Number Z2012-03; Ordinance 2012-06. Senior Planner Robert Rodgers gave the presentation. Mr. Rodgers explained that the temporary use permit regulations currently reside in seven chapters of the zoning ordinance and occasionally duplicated a number of other permit requirements. Mr. Rodgers added that sometimes these regulations create unnecessary and time-consuming procedures. See Exhibit "B" for list of sections in the zoning ordinance affected. Mr. Rodgers noted that the Planning and Zoning Commission voted to initiate this amendment at their May 24, 2012, regular meeting. Staff recommended that the Planning and Zoning Commission vote to forward a recommendation to the Town Council to approve the amendments to the Zoning Ordinance, Chanters 2, 5, 9, 10, 11, I5, and 18 as they relate to temporary use permits. Public Hearing Opened at 7:07 p.m. No one from the public requested to speak. Public Hearing Closed at 7:07 p.m. AGENDA ITEM #7 — CONSIDERATION of TEXT AMENDMENTS to Chapters 2. 5, 91 10. 11. 15, and 18 of the Zoning Ordinance. If adopted, the amendments would revise the zoning regulations relating to Temporary Use Permits to amend, eliminate, and/or redefine these sections in order to streamline processes and eliminate unnecessary bureaucracy or duplicative permits. Case Number Z2012-03; Ordinance 2012-06. Commissioner Richard Turner expressed disagreement with not posting the property involved as currently required in the temporary use permit process. Commissioner Turner also questioned switching land use activities subject to a special events permit, which was also found in the Town Code. Commissioner Gene Slechta spoke in support of this proposal because it would simplify time and save the business community temporary use permit fees. Chairman Lloyd Pew spoke in support since it appeared to be a mostly housekeeping process. Chairman Lloyd Pew MOVED to APPROVE the proposed text amendments to Chapters 2. 5, 9, 10, 11, 15, and 18 of the zoning ordinance. Commissioner Gene Slechta SECONDED the MOTION. A voice vote was taken and the MOTION passed 4-I, with Commissioner Richard Turner casting the nay vote. Page 5 of 7 Commissioner Stan Connick aye Commissioner Gene Slechta aye Vice- Chairman Angela Strohan aye Chairman Lloyd Pew aye Commissioner Richard Turner nay AGENDA ITEM #8 — COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the commission. NONE AGENDA ITEM #- 9- SUMMARY OF COMMISSION REQUEST from Senior Planner. NONE AGENDA ITEM #10 — REPORT from Senior Planner, Planning and Zoning Division of Development Services. Robert Rodgers congratulated Vice -Chairman Angela Strohan on her appointment. Mr. Rodgers fiv pointed out that four of our current Commissioner's appointments will expire on September 30, 2012. Mr. Rodgers encouraged all those interested in re -appointment; return their applications to Janice before Monday, August 20, 2012. The Town Council Subcommittee would also be recommending an appointment to fill the vacancy of Cecil Yates. Commissioner Gene Slechta congratulated Town Councilmember Yates on his elected seat on the Council and also thanked him for his hard work during his term as a Planning and Zoning Commissioner and vice-chairman. AGENDA ITEM #11 - ADJOURNMENT. Commissioner Stan Connick MOVED to adjourn and Commissioner Gene Slechta SECONDED and the MOTION CARRIED (5-0), by those present. Chairman Lloyd Pew aye Vice -Chairman Angela Strohan aye Commissioner Stan Connick aye Commissioner Richard Turner aye Commissioner Gene Slechta aye The regular meeting ADJOURNED at 7:14 p.m. Page 6 of 7 TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE Ift PLANNING & ZONING COMMISSION SEPTEMBER 13, 2012 Chairman Lloyd Pew opened the session of the Planning and Zoning Commission at 6:30 p.m. The following Commissioners were present: Chairman Lloyd Pew, Vice -Chairman Angela Strohan, Commissioners Richard Turner and Gene Slechta, [and one open Commissioner's seat]. Also in attendance were Robert Rodgers Senior Planner, and Janice Baxter Executive Assistant and Recorder of the Minutes. Commissioner Mike Archambault could not attend due to a family illness and Commissioner Stan Connick was not able to attend due to other obligations. Commissioner Archambault and Commissioner Stan Connick were unable to contact staff in advance. Chairman Lloyd Pew requested participation in the Pledge of Allegiance and a moment of silent reflection. ROLL CALL: Chairman Lloyd Pew Commissioner Angela Strohan Commissioner Richard Turner Commissioner Gene Slechta Commissioner Stan Connick Commissioner Mike Archambault One Open Seat CALL TO THE PUBLIC No one wished to speak. present present present present absent absent REGULAR AGENDA AGENDA ITEM 91 — CONSIDERATION of APPROVING the Regular Session meeting minutes of the Planning and Zoning Commission from Thursday, July 12, 2012. Vice -Chairman Angela Strohan MOVED to APPROVE the regular session meeting minutes for the Planning and Zoning Commission dated July 12, 2012. Commissioner Gene Slechta SECONDED. A roll call was taken and the MOTION CARRIED 4 -0, by those present. Commissioner Richard Turner aye Chairman Lloyd Pew aye Commissioner Angela Strohan aye Page I of 9 Commissioner Gene Slechta aye AGENDA ITEM #2 — PUBLIC HEARING of a TEXT AMENDMENT to amend Section 19.05- Public Art Requirements of the Zoning Ordinance. If adopted, the amendment would revise the options for developer donations to the Public Art Fund to require that such donations be made at the time of the Building Permit issuance rather than at the time of Certificate of Occupancy issuance. Case Number 2012-02; Ordinance 2012-04. Robert Rodgers Senior Planner gave the presentation and pointed out that this was the second time the Commission had been presented with this ordinance. Mr. Rodgers explained that this ordinance amendment was proposed due to a request from the Building Safety Division who is responsible for the initial collection of the public art fee. Mr. Rodgers added that the public art contributions were made at the time of occupancy permit approval for commercial, industrial, or multi -family development projects. He stressed that staff has had to hold back certificates of occupancy after a building had been constructed due to the applicant's not having met the public art requirement and that tenants were occasionally allowed to occupy completed spaces by the property owners before the certificate of occupancy was issued. Staff has expressed that this requirement has occasionally slipped through the cracks and certificates of occupancy have been issued in error due to the current permit tracking software's inability to flag this requirement in the system. Mr. Rodgers stated that if this amendment was approved, the administrative process would be �W similar to the current process except that the collecting of the art fee would occur at the beginning rather than at the end. Mr. Rodgers pointed out that at the request of the Commission in the previous public hearing; a mechanism had been included to allow for reimbursement of any donated funds or artwork in the event of the project's failure to begin construction for some reason. At the May 24, 2012, regular meeting, the Commission initiated this proposed zoning amendment and voted at their June 28, 2012, public hearing to recommend approval subject to including a refund provision. Staff recommended that the Planning and Zoning Commission forward a recommendation to the Town Council to approve the public art zoning ordinance text amendment, as presented. Public Hearing Opened at 6:34 p.m. No one wished to speak on this amendment. M Public Hearing Closed at 6:34 p.m. AGENDA ITEM #3 — CONSIDERATION of a TEXT AMENDMENT to amend Section 19.05- Public Art Requirements of the Zoning Ordinance. If adopted, the amendment would revise the options for developer donations to the Public Art Fund to require that such donations be made at the time of the Building Pen -nit issuance rather than at the time of Certificate of Occupancy issuance. Case Number 2012-02; Ordinance 2012-04. Page 2 of 9 L LAJ Chairman Lloyd Pew asked for questions or discussions from the Commissioners. No one requested to speak. Chairman Lloyd Pew made a MOTION to forward a recommendation to the Town Council to APPROVE the text amendments to the Zoning Ordinance, as presented and Commissioner Richard Turner SECONDED. The MOTION passed 4-0, by those present. AGENDA ITEM #4 — PUBLIC HEARING of a TEXT AMENDMENTS of the Zoning Ordinance to amend Chapters 12 16, and 18. If adopted, the amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts. The amendment would also eliminate the requirement that outdoor seating areas be fenced if no alcohol is served and there are no public safety issues. Case Number Z2012-04; Ordinance 2012-05. Robert Rodgers, Senior Planner gave the presentation and pointed out that this was the second time the commission was presented with this ordinance amendment. Mr. Rodgers pointed out that staff had received a lot of inquiries from local restaurants about the possibility of creating outdoor seating areas for their customers to use during the cooler months. Mr. Rodgers explained that currently the TCCD zoning district was the only district that permitted non - enclosed outdoor seating areas. Mr. Rodgers added that this ordinance amendment would allow restaurants in any commercial or lodging district to create on-site outdoor seating areas without requiring the business to enclose the patio or that they obtain a special use permit. Mr. Rodgers expressed that the amendment would also apply to restaurants that serve alcoholic beverages subject to the business' state liquor license also allowing them to not enclose their outdoor seating area. In cases where public safety might be compromised; the town would require the seating area to be fenced or somehow be protected. Mr. Rodgers noted that this was the only change from the previously presented proposal. Mr. Rodgers explained that the public safety determination would be made administratively or during the concept plan approval/building permit process. Mr. Rodgers mentioned that ADA access requirements would not be affected. Staff recommended that the Planning and Zoning Commission forward a recommendation to the Town Council to approve the outdoor seating area zoning ordinance text amendment, as presented. Public Hearing Opened at 6:37 p.m. No one requested to speak. Public Hearing Closed at 6:37 p.m. Page 3 of 9 ddft Vv** Atfl AGENDA ITEM 45 — CONSIDERATION of a TEXT AMENDMENTS to the Zoning Ordinance to amend Chapters 12, 16. and 18. If adopted, the amendments would revise the permitted use sections to allow all restaurants to have outdoor seating areas in commercial or lodging zoning districts. The amendment would also eliminate the requirement that outdoor seating areas be fenced if no alcohol is served and there are no public safety issues. Case Number 22012-04; Ordinance 2012-05. LJKAr I Chairman Lloyd Pew asked for questions or comments from the Commissioners. Commissioner Richard Turner asked how staff would know which restaurants were creating outdoor seating without the permit process. Robert Rodgers answered that restaurant owners would still be required to submit a proposal for staff to review over the counter and either approve or give recommendations on outdoor seating. Commissioner Turner was concerned about parking issues being created due to the placement of tables. Mr. Rodgers stressed that parking and ADA issues would be addressed through this process. Commissioner Gene Slechta supported the changes in fencing requirements, but reiterated his objection that this proposed process would eliminate the ability for neighboring resident to express their concerns due to the lack of public hearings that are now available to address these concerns. Commissioner Slechta added that there were two zoning district descriptions with two sentences not found in the others that stated; 1. Provide for services to the community that did not interfere with the integrity of the surrounding neighborhood. 2. Particular attention is to be paid to the interface between commercial and professional uses and residential uses within the same neighborhood. Commissioner Slechta added that CC and C-1 now require Special Use Permits for outdoor seating because they were so closely aligned by residential neighborhoods. He stated that it was not unreasonable to allow the surrounding neighborhoods to have the opportunity to weigh in through a Special Use Permit process. Commissioner Gene Slechta requested to amend the proposed amendment to retain the original zoning ordinance language and require a Special Use Permit in the CC and C-1 commercial zoning districts. Commissioner Richard Turner asked staff, which were the most neighborhood compatible zoning districts. Mr. Rodgers answered that it was probably the CC zoning district because C-1, C-2, C-3 were more dense. Commissioner Turner stated he agreed with Commissioner Slechta. Commissioner Gene Slechta made a MOTION to amend the proposal to continue to retain the Special Use requirement in the CC and C-1 zoning districts for outside seating. Chairman Lloyd Pew asked for the MOTION to be SECONDED. The MOTION FAILED for lack of being SECONDED. Page 4 of 9 Commissioner Richard Turner made a MOTION to approve the proposed amendment with the exception of CC zoning districts. Vice Cg hairman Angela Strohan SECONDED the MOTION. DRAFT Chairman Lloyd Pew requested any questions or comments from the Commission. Commissioner Gene Slechta stated he understood C -i to be more commercial (light commercial). Robert Rodgers, Senior Planner recommended against the current motion because the CC zoning districts was not any different from the other commercial districts they all back up to residential districts. Mr. Rodgers pointed out that even the downtown C-2 and TCCD zoning districts back- up to multi -family areas. Mr. Rodgers noted that these areas were no different than the more dense areas. Mr. Rodgers also expressed that it would be unfair to the CC and C-1 district commercial properties to require only those to apply for a special use permit. Since this proposed ordinance included an over-the-counter review, the proposed process would be equitable for all commercial districts. Commissioner Turner stated that lie saw the current process as not prohibiting CC and C-1 from having outdoor seating, but shows there is a process that businesses go through. If there were neighbors with concerns, they would have the opportunity to provide their input. Vice -Chairman Strohan asked what areas would be involved. Mr. Rodgers noted that some of the areas of Town in the CC District. Chairman Lloyd Pew stated he was not in favor of this exception. Chairman Pew pointed out that any problem with noise would fall under the noise ordinance. He added that the proposed zoning ordinance would treat those commercial businesses differently for no reason. Commissioner Slechta added that during his time as a planner for the town, lie remembered a Special Use Permit request lie presented that involved a request for extended restaurant/bar hours. This request was in a CC zoning district and there were a lot of opposition from the residents in the area. Cliainnan Pew asked if the over-the-counter permit process included a mechanism for residents to walk in and voice their concerns about outdoor seating on a particular establishment or find out why a permit was granted. Mr. Rodgers answered that if someone wanted to challenge a permit, they would have to appeal to the Town Council, after the fact. Commissioner Turner remarked that by using tiie special use pernit and its process, input from the residents could possibly result in modifications or revisions necessary to the issuance. Vice - Chairman Strohan agreed that the residents should have the right to be heard. No other discussion or comments were made. �W DRAFT Page 5 of 9 Chairman Pew asked for all those in favor of the MOTION (Commissioner Richard Turner made a MOTION to approve the proposed amendment with the acceptation of CC zoning districts.) Those voting in favor of the MOTION were Commissioner Richard Turner and Vice -Chairman Angela Strohan. Those voting nay of the MOTION were Chairman Lloyd Pew and Commissioner Gene Slechta. The MOTION FAILED by 2-2 vote. DRAFT Commissioner Richard Turner made a MOTION to continue this agenda item until the next scheduled meeting. Commissioner Gene Slechta SECONDED the MOTION and the MOTION carried 4-0, by those present. AGENDA ITEM #6 — PUBLIC HEARING of a TEXT AMENDMENTS to Chapters 2, 5, 9, 10, 11, 15, and 18 of the Zoning Ordinance. If adopted, the amendments would revise the zoning regulations relating to Temporary Use Permits to amend, eliminate, and/or redefine these sections in order to streamline processes and eliminate unnecessary bureaucracy or duplicative permits. Case Number Z2012-03; Ordinance Number 2012-06. Robert Rodgers gave the presentation and noted that this was the second time the commission was presented with this proposal. Mr. Rodgers explained that numerous temporary use permit regulations resided in eight separate ordinance sections of seven different chapters of the zoning ordinance and occasionally duplicated other permit requirements, which created additional unnecessary and time-consuming procedures. Mr. Rodgers summed up the proposed changes that would significantly reduce the time and expenses involved in acquiring and administering permits as follows: 1. The requirement to get event related Temporary Use Permits would be eliminated. Those requests would get Special Event Permits. 2. Temporary Use Permits issued through staff would be reviewed and issued administratively. 3. Activities in the right-of-ways or easements would still be processed through Building Pen -nits and Encroachment Permits. 4. Any appeals would continue to go to Town Council. Mr. Rodgers explained that these proposed changes were expected to significantly reduce the time and expenses involved in acquiring and administering these permits. L DRAFT Page 6 of 9 Mr. Rodgers pointed out that a significant policy change from the current ordinance was that master planned community sales centers may now be in any size development rather than only those with 200 acres or more. Staff recommended that the Planning and Zoning Commission forward a recommendation to the Town Council to approve the Temporary Use Permit zoning ordinance text amendments, as presented. Public Hearing Opened at 6:59 p.m. DRAFT No one requested to speak. Public Hearing Closed at 6:59 p.m. AGENDA ITEM 97 — CONSIDERATION of a TEXT AMENDMENTS to Chapters 2, 5, 9, 10, 11, 15, and 18 of the Zoning Ordinance. If adopted, the amendments would revise the zoning regulations relating to Temporary Use Permits to amend, eliminate, and/or redefine these sections in order to streamline processes and eliminate unnecessary bureaucracy or duplicative permits. Case Number Z2012-03; Ordinance Number 2012-06. Commissioner Richard Turner asked how anyone would know if an event were pending. Mr. Rodgers answered that with the Town Attorney's input in the ordinance, the procedure would be that if a permit was appealed, staff would suspend it and then require the requested event go to the Town Council for a hearing. Vice -Chairman Strohan asked about daycare requests and the notification of residents. Mr. Rodgers explained that a business of this kind would need a business license. Home Occupation stipulations would be included in the process of issuance of that license. Commissioner Gene Slechta stated he supported the proposed amendment to the Zoning Ordinance. Vice -Chairman Strohan made a MOTION to forward a recommendation to the Town Council to APPROVE the proposed text amendments to Chapters 2, 5, 9, 10, 11, 15, and 18 of the Zoning Ordinance, as they relate to Temporary Use Permits as presented. Commissioner Gene Slechta SECONDED. The MOTION passed 4-0, by those present. DRAFT AGENDA ITEM #8 — SUGGESTIONS regarding TOPICS OF DISCUSSION for the Thursday, October 11, 2012, Town Council and Planning and Zoning Commission Joint Session. The following topics were suggested by the Commissioners to be discussed at the Thursday, October 11, 2012, joint session with the Town Council: 1. Street Improvement Town wide. Page 7 of 9 [A 2. Downtown Development Update. 3. Status of Economic Development Policy. 4. Any Development Proposals on Reservation. AGENDA ITEM #9 — COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the commission. DRAFT NONE AGENDA ITEM #10- SUMMARY OF COMMISSION REQUEST from Senior Planner. 19010 y AGENDA ITEM #11 — REPORT from Senior Planner, Planning and Zoning Division of Development Services. Mr. Rodgers informed the Commissioners that six (6) applicants were interviewed by the Town Council Interview Subcommittee for five (5) open seats and the Town Council would announce the newly appointed members at the September 20, 2012, Town Council Meeting. Oaths of Office would be administered the following week. Mr. Rodgers added that on October 11, 2012, the Commission would hold a joint session with the Town Council beginning at 5:30 p.m. followed by a regular Planning and Zoning Commission meeting that would also include the appointment of a chairman and vice-chairman for a one-year term and the Sign Regulations proposed amendment AGENDA ITEM #12 - ADJOURNMENT. Commissioner Richard Turner MOVED to adjourn and Commissioner Gene Slechta SECONDED and the MOTION CARRIED (4-0), by those present. Chairman Lloyd Pew aye Vice -Chairman Angela Strohan aye Commissioner Richard Turner aye Commissioner Gene Slechta. aye The regular meeting ADJOURNED at 7:19 p.m. Page 8 of 9 DRAFT 11 FOUNTAIN HILLS PLANNING & ZONING COMMISSION BY: ATFFIST: C'EATI111CATION Janice Baxter, Recorder I herebycertify that the lorc-oing minutes are a trice and correct copy of the minutes of the C� meeting of the Fountain I fills Planning and Zoning Commission held on the 13"' day of Z:) I September 2012, in the 'roxvi, council Chambers. I further certify that the meeting was duly called and that a quorum Nvas present. Dated this I')"' day of"September 2012. . � Janice Baxter, Recorder Paste 9 of9 OJ��AIN k�� o � n Meeting Date: October 11, 2012 Meeting Type: Regular Staff Contact Information TOWN OF FOUNTAIN HILLS ❑ Planning and Zoning ❑ Board of Adjustment AGENDA ACTION FORM Agenda Type: Regular Submitting Department: Development Services Bob Rodgers, Senior Planner, 480-816-5138, rrodgers(a)fh.az.gov REQUEST TO PLANNING & ZONING COMMISSION: PUBLIC HEARING to receive comments on ORDINANCE 12-07, a text amendment to Chapter 1 "Definitions", and Chapter 6 "Sign Regulations" of the Zoning Ordinance of the Town of Fountain Hills. If adopted, the amendments revise large portions of the Town's regulations regarding commercial signage. Case# Z2012-01 Ordinance # 12-07 CONSIDERATION of ORDINANCE 12-07, a text amendment to Chapter 1 "Definitions" and Chapter 6 "Sign Regulations" of the Zoning Ordinance of the Town of Fountain Hills. If adopted, the amendments revise large portions of the Town's regulations regarding commercial signage. Case# Z2012-01 Ordinance # 12-07 Cpplicant: Town of Fountain Hills Applicant Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodgers(a-)fh.az.gov Property Location: Town -Wide Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance - Chapter 1, Definitions Fountain Hills Zoning Ordinance - Chapter 6, Signs Staff Summary (background): In December of 2009, the Town Council approved the extension of the sunset clause for A -Frame and Banner signs for an additional year. At that meeting the Council noted that compliance with the ordinance was severely lacking and requested that staff look into ways of educating businesses regarding what is permitted, as well as making the sign ordinance more user-friendly and potentially easier to enforce. In December of 2010, the Town Council again reluctantly approved the extension of the sunset clause for A -Frame and Banner signs for an additional year. In an effort to pursue the goal of reviewing the ordinance and making recommendations for modifications, staff held a public signage open house in June 2011. Participants at the open house were also invited to volunteer to be included in the further review process should they be interested. A Sign Ordinance Review Committee was formed in July 2011 consisting of volunteers representing both the business community and the citizens at large, staff, and members of both the Planning & Zoning Commission and Town Council. The committee established the goal of reviewing the entire sign ordinance in order to make recommendations for improvements and clarifications. Particular emphasis was to be placed on A -Frame and Banner regulations. ,n December 2011 the Town Council once again extended the sunset clause for A -Frame and Banner signs for an additional year. They once again stressed their displeasure that the business community was, in general, not following the Paac I of 8 P&Z Public Hearing Sign Ordinance #12-07 ordinance requirements. However, they stated that they were willing to wait for the Sign Review Committee's recommendations before changing the ordinance. �VThe Sign Ordinance Review Committee continued to meet weekly until April 2012. During the months of March and April of 2012 three Open Houses were held in order to present the committee's recommendations to the public and receive further input. Questionnaires were distributed at each open house and the comments returned are attached to this report. What is commonly called "The Sign Ordinance" is actually just Chapter 6 of the Zoning Ordinance. The section numbers you see listed below are the ones potentially being amended with this proposal. The changes in Sections 6.03 through 6.07 are primarily typo fixes, department name changes, and consistency changes that are more administrative in nature. Section 6.08 is the MEAT of the ordinance and details the "Rules" for the various types of signage around town. This report will briefly go through all these sections in order to allow the Commission to see what's being proposed. In instances where the Sign Committee has recommended a proposed amendment that staff disagrees with, it has been noted. It has also been noted if the Planning & Zoning Commission has previously recommended a change or disagrees with one of the recommendations. The sections being amended are as follows: Section 6.02 - The Definitions are being moved to Chapter 1 of the Zoning Ordinance. Section 6.03 - Department name change to Development Services. - Add that a sliding plexi -glass face change doesn't need a permit. - Take out Section B that is a hold -over from the distant past. The town does not issue stickers for signs any more. Except for A -Frames. Section 6.04 - Delete Section C because it is a redundancy. The two previous sections say the same thing. Section 6.05 - Town Council recently adopted a revised penalty section into the Town Code which allows for criminal penalties in some cases of multiple and repeated code violations. This change just makes this section consistent with that. This ordinance section currently states: 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). PLANNING & ZONING COMMISSION: The Commission voted in the July 12, 2012 public hearing to recommend that the penalties for violations be increased to be $100 for the first offence, $500 for the second offence, and $700 for the third offence. Staff supports this recommendation. TOWN COUNCIL WORKSTUDY: The consensus of the Town Council during their work study review of this ordinance appeared to indicate that the Council would prefer that the penalty fines remain the same as they are currently. SIGN REVIEW COMMITTEE: The sign review committee has recommended that the penalty fines remain the same as they are currently. Section 6.07F - This is to make it consistent with the proposed changes to the A -Frame section. Section 6.071.4 - This change is being made to make this section consistent with a new section being proposed regarding Electronic Message Signs. If the new Section 6.08.CC is not added to the ordinance, this section should 1114.1 not be changed. Page 2 of 8 P&Z Public Hearing Sign Ordinance #12-07 Section 6.071.5 - This change makes this section consistent with the definitions of these types of signs as well as some later sections of the ordinance. Section 6.071.9 - Deleted because it is now covered by section 5. Section 6.07J - This section is being moved and clarifies that ALL signs don't necessarily have to be re -done. Only the signs that don't meet regulations. Section 6.07K - This section is being moved to the Non -conforming Signs section. Section 6.07M - This amendment is to keep this section consistent with some later sections. Section 6.07N - This section has been deleted as it is covered under the Window Signs section. Section 6.07Q - This section has been deleted as it contradicts the Non -conforming Signs section. Section 6.08 - Index Table amended to reflect the changes within the ordinance. The changes include re -numbering, Including new sections as well as a few previously missing sections, and re -organizing the index. Section 6.08.A.1 - Total Aggregate Sign Area This section is being amended to remove the 125% limitation on signage for one side of a corner commercial building. Total aggregate signage will now be permitted to be allocated as the property owner deems necessary. Section 6.08.6 - A -Frame Signs SIGN REVIEW COMMITTEE: Proposed changes to the A -Frame regulations are: - Allow businesses which front on more than one street to have more than one A -Frame. (1 per street front) Rather than only 1 sign each as it is now. - Allow A -Frame signs to be placed within the public right-of-way directly in front of the business within 1' of the curb. - Require A -Frame signs with attachments like balloons to be 3' back from the curb. Delete the section that says A -Frame signs can't be used for directional purposes. (The "no arrow" clause) - Remove the text area limitation since the sign's size already limits what can be on it. - Note that A -Frame signs may be out between the hours of 6:00 AM — 12:00 AM (Midnight). - Change the sunset clause date to a two-year extension rather than the current one-year extensions granted by the Town Council. TOWN ATTORNEY: The Town Attorney has indicated that the original proposal's recommendation that A -Frame signs be out only during business hours could be construed as not being consistent between different businesses. Specific times should be noted. PLANNING & ZONING COMMISSION: The Commission voted in the July 12, 2012 public hearing to agree with staff's recommendations. The previous public hearing noted the times that A -Frame signs may be out would be between 7:00 AM — 9:00 PM. The sign review committee's recommendation to change to 6:00 AM — 12:00 AM has not yet been discussed by the Commission. Also, the sign review committee's recommendation to extend the sunset date for two years rather than one was not included in the last public hearing and the Commission has not made a recommendation regarding this yet. STAFF: Staff supports the recommended changes except we do not support extending the sunset date for two years. Staff feels that there has not been adequate compliance with the existing ordinance to justify such an increased extension. Staff recommends keeping the one-year extensions until there has been evidence of business community compliance with the new ordinance. Page 3 of 8 P&Z Public Hearing Sign Ordinance #12-07 Section 6.08.D - Event Banners Proposed changes to the Banner regulations are: - Allowing Grand Opening banners to be up for 30 days rather than 14. - Delete Section 2 to reflect actual practice. The displays generally stay up for the duration of the event and are rarely taken in at the end of each day and brought out again the following morning. - A clarification that the measurement of a balloon's height is from the ground, not from the top of the sign. - Allow event displays for 3 days per week rather than the current allowance of 3 days (60 hours) per month. STAFF: Staff supports the recommended changes except we do not support allowing banners to be erected for three days per week, every week. Staff feels that such a regulation change will lead to excessive sign clutter. Staff also believes that the three-day/week limit would become virtually unenforceable. Staff recommends that the recommendation to allow banners to be displayed three -days per week be denied. PLANNING & ZONING COMMISSION: The Commission voted in the July 12, 2012 public hearing to agree with staff's recommendation and keep the banner regulations the same as they are currently. SIGN REVIEW COMMITTEE: The sign review committee has revised their recommendation and now proposes that banners be permitted to be displayed for 14 days per month, with the additional requirement that such displays must be in 7 consecutive day increments at a minimum. Staff does not support this revised proposal as it still creates additional sign clutter. Section 6.08.F - Contractor Signs SIGN REVIEW COMMITTEE: The sign review committee recommends allowing contractors to put up a banner instead of a hard sign when they are working on site. STAFF: Staff does not support allowing contractors to put up banners instead of a hard signs when they are working on site. Staff has had no requests from contractors for this amendment and we believe that such a change will lead to visual clutter, especially in residential neighborhoods. Staff recommends that this amendment be denied. PLANNING & ZONING COMMISSION: The Commission voted in the July 12, 2012 public hearing to support this amendment as proposed by the sign review committee. Section 6.08.1- Flags This section has been re -worded by the Town Attorney so that its meaning is more clear. No changes to the actual regulations have been made. Section 6.08.J - Freestanding Signs The changes make this section consistent with the rest of the ordinance which was changed in 2009. New Sub -Sections 7 and 8 are being added. These are sections that were previously stand-alone sections CC and EE but the review committee feels that they are variations of freestanding signs and so should be moved to this Section J to make things simpler for new businesses looking for information. The contents of these sections are not changing. Section 6.08.M - Garage Sale Signs The amendments to this section are designed to make them consistent with the A -Frame regulations .. being proposed. The committee felt that a maximum size is sufficient and that a Minimum size was not necessary. The section adds corrugated plastic as an alternative material as well. Page 4 of 8 P&Z Public Hearing Sign Ordinance #12-07 Section 6.08.P - Neon Signs SIGN REVIEW COMMITTEE: kaw The sign review committee recommends that neon signs to permitted for any type of signage rather than as just as window signs that say OPEN or that have company logos. STAFF: The current ordinance allows neon signs to be used as OPEN signs or company logos in storefront windows only. Staff does not support the amendment to allow for increased neon signage, for any type of sign. Staff feels that such signage is not in keeping with the southwestern style of commercial development that is encouraged through Concept Plan Review and Architectural Design Review. Staff recommended that this proposed amendment be denied. PLANNING & ZONING COMMISSION: The Commission voted in the July 12, 2012 public hearing to agree with staff's recommendation to keep the Neon Sign regulations as the current ordinance TOWN ATTORNEY: The Town Attorney has noted that the existing ordinance provisions could possibly be construed as content - based regulation. The Town Attorney recommends amending the ordinance to permit Neon Signs in windows to display any legal message, subject to the normal window signage restrictions. Staff supports this amendment. Section 6.08.Q - Open House Directional Signs The changes will make this section consistent with the Real Estate Sign, the A -Frame Sign, and Garage Sale Sign sections of the ordinance. The committee also thought that limiting the size of the sign is sufficient and that limiting the text area was not necessary. The committee is proposing removing the spacing requirement from street corners when signs don't present a safety hazard. However the signs may not be clumped all together. L—Jection 6.08.R - Political & Ideological Signs These changes are being made to bring the Town's ordinance into conformance with State law. Political Signs are going to be bigger and must now be permitted to be in the public right-of-ways. Section 6.08.S - Projecting Signs The current ordinance effectively blocks most uses of these sign types. The proposed changes relax the rules and will allow for these signs to be used more often when appropriate. Section 6.08.T - Real Estate Signs Real estate signs by their nature are "portable". This section is proposed to be modified to clarify that they may not be A -Frames Signs. Section 6.08.V - Temporary Signs (Section Deleted) The committee feels that this section is redundant since the rules for the various types of "temporary" signs are already outlined in other sections. Section 6.08.X - Window Signs Section amended to include neon signs as allowed. Section 6.08.AA - Lodging District Signs (Section Deleted) This section is deleted because the committee feels that Lodging districts require signage just like other commercial developments. Restricting these areas to only one freestanding sign was felt to be too prohibitive. Section 6.08.66 - Comprehensive Sign Plans (Section moved to 6.08.2) The change is simply a re -numbering of the section. `%"ection 6.08.CC - Shared Monument Signs (Section moved to 6.08.J) As noted earlier, this section is proposed to be moved to 6.08.J.7 but not changed. Page 5 of 8 P&Z Public Hearing Sign Ordinance #12-07 Section 6.08.DD - Street Addresses (Section moved to become new 6.08.AA) The change is simply a re -numbering of the section. 'kasection 6.08.EE - Subdivision Identification Signs (Section moved to 6.08.J) As noted earlier, this section is proposed to be moved to 6.08.J.8 but not changed. Section 6.08.FF - Sign Walkers (Section moved to become new 6.08.BB) SIGN REVIEW COMMITTEE: The committee proposal is to allow sign walkers any day of the week rather than only on Fridays and Saturdays and that the time of day limits be removed. STAFF: Staff supports removing the hours of operation limits but does not support the proposal to allow Sign Walkers to be out any day of the week. The current ordinance allows Sign Walkers to be out only on Fridays and Saturdays. Staff recommends modifying this proposal to allow Sign Walkers to be out only on Fridays, Saturdays, and Sundays, thereby allowing them the full weekend. PLANNING & ZONING COMMISSION: The Commission voted in the July 12, 2012 public hearing to agree with staff's recommendation to remove the time limits and to allow sign walkers to be out on weekends only. TOWN COUNCIL WORKSTUDY: The consensus of the Town Council during their work study review of this ordinance appeared to indicate that the Council would support allowing sign walkers to be out any day of the week so long as they were actually standing and not seated in a chair or similar circumstance. Section 6.08.CC - Electronic Message Signs (New Section) The current ordinance does not allow these types of signs except for use by Churches and Schools. SIGN REVIEW COMMITTEE (original): The committee recommends that Electronic Message Signs also be allowed for commercial and industrial uses under these listed conditions: o Electronic Message Signs must be on-site. o Electronic Message Signs may not resemble traffic signals. o Flashing or changing text or graphics must stop at 10:00 PM o To reduce night-time glare, after 10:00 PM the background colors must be darker than the text. STAFF: Staff does not support the proposal to allow Electronic Message Signs for commercial and industrial uses. Staff's objections to this type of signage are similar to our objections to Neon Signs and relate to the cumulative effects on the visual character of the town. Staff recommends that this amendment be denied. PLANNING & ZONING COMMISSION: The Commission voted in the July 12, 2012 public hearing to recommend that the use of Electronic Message Board signs not be expanded. SIGN REVIEW COMMITTEE: The committee has renewed their recommendation that Electronic Message Signs be allowed for all commercial or industrial properties in any district. Risk Analysis (options or alternatives with implications): The Sign Review Committee's proposed text amendments will generally clarify a number of sections and remove some ambiguities. Portions of the recommended changes would allow for increased use of the public right-of-way for some signs, allow for some new materials such as neon and electronic message boards, and increase the length of time �wanners and other forms of temporary signage may be displayed. Page 6 of 8 P&Z Public Hearing Sign Ordinance #12-07 Staff has provided some recommendations for amendments to the committee's proposal which support the proposal in general with a few modifications in an effort to provide a balance between the business community's needs and the tsires of the residents. Whenever relevant, staff has provided our understanding of the Town Council's opinion as well ogs any previous P&Z Commission decisions. Adopting either version will significantly change the sign ordinance. Not adopting any text amendments will require that the ordinance remain in its current form. This will not necessarily create any new difficulties. However, it has been noted that compliance with some parts of the existing ordinance is lacking and will therefore have to be more strongly enforced. Additionally, some portions of the ordinance may be out of alignment with State or Federal guidelines and may need to be amended in the future. Fiscal Impact (initial and ongoing costs; budget status): N/A Sign Ordinance Review Committee Recommendation(s): The Sign Ordinance Review Committee recommends approval of the proposed ordinance as outlined above and shown in detail in the attached red -lined ordinance revision. Planning & Zoning Commission Recommendation(s): The Planning & Zoning Commission held an initial Public Hearing on July 12, 2012. The Commission recommended approval of the ordinance amendments as described in this report. However, due to the additional amendments from the Town Attorney's review as well as the Sign Committee's re -review, this second Public Hearing was scheduled. The Commission's final recommendations will be forwarded to the Town Council for a final decision. Town Attorney Recommendation(s): The Town Attorney has made a number of recommendations regarding amendments to the Sign Ordinance. The recommendations involve numerous sections throughout the chapter and relate to the legalities and organization of the ordinance rather than policy recommendations. These recommendations were brought back before the Sign Committee for review and their comments regarding the Town Attorney's recommendations are also noted. staff Recommendation(s): taff recommends approval of the proposed amended sign ordinance with the modifications recommended by staff as noted above. Staff also wishes it to be made clear to the business community as well as the general public that upon a decision regarding this proposal, staff will be tasked with strictly enforcing the ordinance in whatever form it is ultimately adopted or remains. International Sign Association Recommendation(s): The Town received a significant number of recommendations regarding the proposed sign amendments, as well as some additional recommendations for other parts of the sign ordinance. These materials were provided to the Commission during the first public hearing, and to the Town Attorney for his review. Those previously provided materials should be considered as part of the public record for this hearing as well. No new additional materials have been received from this trade organization regarding this proposal. SUGGESTED MOTION: Move to forward a recommendation to the Town Council to APPROVE the text amendments to Chapter 1 "Definitions", and Chapter 6 "Sign Regulations" of the Zoning Ordinance as presented with the amendments recommended by staff. Attachment(s): 1. Draft Ordinance #12-07 2. Draft Amended Zoning Ordinance Chapter 1 — Definitions (Clean) 3. Draft Amended Zoning Ordinance Chapter 1 — Definitions (Red -Line) 4. Draft Amended Zoning Ordinance Chapter 6 — Signs (Clean) 5. Draft Amended Zoning Ordinance Chapter 6 - Signs (Red -Line) 6. Minutes of the 7/12/2012 P&Z Commission Public Hearing Page 7 of 8 Submitted by: 1 obert Rocf ers 10/2/2012 Senior Planner Date Approved by: 10/2/2012 Dev lopm t Servi s Director Date A Page 8 of 8 P&Z Public Hearing Sign Ordinance #12-07 • ORDINANCE NO. 12-07 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE FOUNTAIN HILLS ZONING ORDINANCE, CHAPTERS 1 AND 6, RELATING TO SIGN REGULATIONS. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. That certain document known as the "Town of Fountain Hills Zoning Definitions" dated November 1, 2012 (the "Amended Definitions"), three copies of which are on file in the office of the Town Clerk, which document was made a public record by Resolution No. 2012- 20 of the Town of Fountain Hills, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this Ordinance. SECTION 2. The Zoning Ordinance for the Town of Fountain Hills (the "Fountain Hills Zoning Ordinance"), Chapter 1, (Introduction), Section 1.12 (Definitions), is hereby deleted in its entirety and replaced by the Amended Definitions, which shall be inserted into the Fountain Hills Zoning Ordinance, Chapter 1, as a new Section 1.12 (Definitions). SECTION 3. The Fountain Hills Zoning Ordinance, Chapter 1 (Introduction) Section 1.03 (Short Title), is hereby amended as follows: Section 1.03 Short Title This Ordinance may be cited EXTERNALLY as "The Zoning Ordinance for the Town of Fountain Hills" OR INTERNALLY AS "THIS ORDINANCE" OR "THIS ZONING ORDINANCE." SECTION 4. That certain document known as the "Town of Fountain Hills Sign Regulations" dated November 1, 2012 (the "Sign Regulations"), three copies of which are on file in the office of the Town Clerk, which document was made a public record by Resolution No. 2012-20 of the Town of Fountain Hills, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this Ordinance. SECTION 5. The Fountain Hills Zoning Ordinance, Chapter 6, (Sign Regulations), is hereby deleted in its entirety and replaced by the Sign Regulations, which shall be inserted into the Fountain Hills Zoning Ordinance as a new Chapter 6 (Sign Regulations). SECTION 6. Any person who fails to comply with any provision of the Sign Regulations shall be subject to civil and criminal penalties as set forth in Section 6.05 therein, including civil penalties of not more than $100 base fine. Criminal penalties shall constitute a class one misdemeanor, punishable by a fine not to exceed $2,500.00 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. Each day that a violation continues shall be a separate offense. 1804365.1 SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this Ordinance or any part of the Zoning Definitions or the Zoning Regulations adopted herein by reference is for any reason to be held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 8. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to execute all documents and take all steps necessary to carry out the purpose and intent of this Ordinance. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, November 1, 2012. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Linda M. Kavanagh, Mayor REVIEWED BY: 0 Kenneth W. Buchanan, Town Manager • 1804365.1 2 Bevelyn J. Bender, Town Clerk APPROVED AS TO FORM: Andrew J. McGuire, Town Attorney 0 TOWN OF FOUNTAIN HILLS 1756760.5 FH ZO Chap I Definitions ZONING DEFINITIONS NOVEMBER 1, 2012 Abutting: The condition of two (2) adjoining properties having a common property line or boundary, including cases where two (2) or more lots adjoin only a corner or corners. Access or Access Way: The place, means, or way by which pedestrians and vehicles shall have safe, adequate and usable ingress and egress to a property or use as required by this ordinance. Acre: An area of land containing forty-three thousand five hundred sixty (43,560) square feet. Adjacent: Nearby, not distant or having a common endpoint or border. Adjoining: Touching or bounding at a point or line. Adult Oriented Facilities: Which shall include the following: A. Adult Bookstore: 1. Having as a substantial portion of its stock in trade, videos, film, books, magazines and other periodicals depicting, describing, or relating to "specified sexual activities" or which are characterized by their emphasis on matter depicting, describing or relating to "specified anatomical areas", or 2. Having as a substantial portion of its stock in trade, books, magazines and other periodicals, and which excludes all minors from the premises or a section thereof. B. Adult Live Entertainment Establishment: An establishment, which features topless female or bottomless dancers, go-go dancers, exotic dancers, strippers or similar entertainers. C. Adult Theater: An enclosed building or open-air drive-in theater: 1. Regularly used for presenting any film or plate negative, film or plate positive, film or tape designed to be projected on a screen for exhibition or films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen depicting, describing or relating to "specified sexual activities" or characterized by an emphasis on matter depicting, describing or relating to "specified anatomical areas"; or 2. Used for presenting any film or plate negative, film, or plate positive, film or tape designed to be projected on a screen for exhibition, or films, glass slides or transparencies, either in negative or positive form, designed for exhibition by projection on a screen and which regularly excludes minors. Advertising Copy: Copy that includes, but is not limited to information such as phone numbers, prices, announcement of sales, business hours, meeting times, individual or specific product or merchandise information, and directional information. 1756760.5 FH ZO Chap I Definitions 1 U Agriculture: The tilling of the soil, raising of crops, horticulture, viticulture, sulviculture, including all uses customarily incidental thereto but not including slaughterhouses, fertilizer yards, or plants for the reduction of animal matter, or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes. Airport: Any area which is used or is intended to be used primarily for the taking off and landing of aircraft, and any appurtenant areas which are used or intended to be used for airport buildings or facilities including open spaces, taxiways and tie -down areas, hangars, transition and clear zones, and other accessory buildings. Alley: A right-of-way, dedicated to public use, affording a secondary means of access to abutting property and not intended for general traffic circulation. Ambulatory Person: Any individual including one who uses a cane or other ambulatory support, who is physically and mentally capable, under emergency conditions, of finding a way to safety without assistance. Amendment: In reference to this ordinance, a change in the wording or substance of this ordinance, or an addition or deletion or a change in the zone district boundaries or classifications of the zoning map. Animal Hospital: Facilities for the care, treatment, and boarding of animals including facilities • within the term "veterinary clinic." Antique: A product that is old or exchanged because of value derived, because of oldness as respects the present age, and not simply because same is not a new product. Appeal: An action which permits anyone to arrange for a hearing before an individual or a group other than the individual or group from whose decision the appellant seeks redress, or a first request for action, depending on context; Chapter 2 addresses the appeal procedures available to aggrieved parties. Area of Jurisdiction: The Town of Fountain Hills as it exists now and as it is lawfully changed; plus any area allowed by Arizona Revised Statute outside of the corporate limits which permits review by the Town of Fountain Hills. Automotive Junk: Any vehicle missing one or more body parts; or is incapable of operating under its own power; or is missing any wheels; or has missing or severely shattered glass which prohibits safe operation; or has one or more flat tires for a period of seventy-two (72) or more hours. Automobile Repair: All aspects of the repair of motor vehicles including, but not limited to, lubrication, tune-up and preventive maintenance. Automobile Sales: An agency selling motor vehicles and providing services commonly associated with motor vehicle sales. 1756760.5 FH ZO Chap I Definitions 2 • 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. 1756760.5 FH ZO Chap I Definitions 3 Building, Height Of: The vertical distance measured at any point from the natural, pre-existing grade level or proposed grade, whichever is lower, to the highest point of the structure. If the structure is located in a platted subdivision where grading was done as a part of the subdivision's improvements, the building height shall be the vertical distance measured at any point from the finished grade as shown on the subdivision grading plans or the natural, pre -subdivision grade, whichever is lower, to the highest point of the structure. If the structure has a basement, where the basement floor pad grade is lower than the preexisting grade and where all exterior walls to the basement are completely back-filled to the pre-existing grade and no ingress or egress is proposed directly from the basement to the exterior of the building, building height shall be measured at any point along the pre-existing grade to the highest point of the structure above that point. If the structure is proposed as a walk -out, where the walk -out or lower floor pad grade is lower than the pre-existing grade and where ingress and egress is proposed on only one side of the walk -out floor and where the other non -walk -out sides of the walk -out floor are completely back-filled to the pre-existing grade and no ingress or egress is proposed directly from the non - walk -out sides of the walk -out floor to the exterior of the building, building height above the walk -out level shall be measured at any point along the pre-existing grade to the highest point of the structure above that point. In the event that terrain problems prevent an accurate determination of height, the Zoning Administrator shall rule as to height and appeal from that decision shall be to the Board of Adjustment. Building, Principal: A building, or buildings, in which is conducted the principal use of the lot on which it is situated. In any residential district, any dwelling shall be deemed to be the main • building of the lot on which the same is situated. Building Footprint: The area of the primary structure measured from the outside walls (excluding any overhanging portions) which includes indoor uses such as attached garage, carports, utility room, laundry, etc. (including covered patios and breezeways which are an integral part of the roof structure of the structure. • Building Frontage: The linear measurement of an exterior building wall or structure that faces the public roadway. Building Permit: A permit required for erection, construction, modification, addition to or moving of any building, structure or use in the incorporated area of the Town of Fountain Hills as more fully defined in Section 417 of the Uniform Building Code adopted by the Town Council. Building Setback: The minimum distance as prescribed by this ordinance between any property line and the closest point of the foundation or any supporting post or pillar of any building or structure related thereto. (See: Yard, front, side and rear). Business Area: An area designated by the Zoning Administrator as containing a concentrated group of businesses. Business Block: A portion of a business area consisting of at least three lots, bounded on all sides by a public right-of-way, alleyway or an adjacent property line. 1756760.5 FH ZO Chap I Definitions 4 Campground: Any lot, parcel, or tract of land used, designed, maintained, and intended for rent of plots or sites to accommodate temporary. camping by the traveling public with or without sanitary facilities and water, whether or not a charge is made for the use of the park and its facilities. Carport: A roof supported by pillars or cantilevers, which shelters a car or other vehicle. May either extend from a structure (usually a house) or be constructed separately (often to accommodate several cars). Cemetery: Land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbaria, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises. Channel Letter: Individual letters constructed to be applied singly in the formation of a Building Mounted Sign or a Freestanding Sign. Channel letters may be illuminated or non - illuminated. Church: A permanently located building commonly used for religious worship fully enclosed with walls, but including windows and doors, and having a structurally solid and sound roof. Clearing: The removal and disposal of all obstructions such as fences, walls, foundations, buildings and existing structures, and accumulations of rubbish of whatever nature. Also, the substantial removal of trees, also the substantial removal of trees, shrubs, cacti, and other indigenous vegetation, but not including grass and weeds considered to be a potential fire hazard. Clinic: A place for the provision of group medical services, not involving overnight housing of patients. Clubhouse: A building, located on a golf course with nine (9) or more holes, that contains one or more of the following facilities: pro shop for the retailing of clothing and golf accessories; the golf course's own cart rental and maintenance facility (does not include the golf cart sales and the maintenance of golf carts not owned by the golf course); restaurant with or without alcoholic beverage service; and the golf course's administrative office. Cluster Housing: Houses built close together with little yard space and a large common area, rather than each house having a large separate yard. Commission: The Town of Fountain Hills Planning and Zoning Commission. (See Section 1.06). Common Open Space: Open space usable by all the people within a certain development and such area is owned by all the property owners in that development. Community Corrections Facility: A facility, which provides lodging and meals and, primarily, counseling, treatment, and rehabilitation to adjudicated delinquents, parolees, and individuals in pre-release (transitional) or diversionary programs from correction institutions. • 1756760.5 FH ZO Chap I Definitions 5 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. 0 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. 1756760.5 FH ZO Chap I Definitions 6 • 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. • 1756760.5 FH ZO Chap I Definitions 7 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. 1756760.5 FH ZO Chap I Definitions 8 • 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. 1756760.5 FH ZO Chap I Definitions 9 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, 1756760.5 FH ZO Chap I Definitions 10 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 (13 5) degrees or less. Lot, Interior: A lot other than a corner lot. 1756760.5 FH ZO Chap I Definitions 11 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, 1756760.5 FH ZO Chap I Definitions 12 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 I Definitions 13 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 I Definitions 14 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. 0 1756760.5 FH ZO Chap I Definitions 15 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 16 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 I Definitions 17 0 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 I Definitions 18 tn 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 I Definitions 18 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 40 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 1756760.5 FH ZO Chap I Definitions 19 Freestanding Manurrnent Signs 'g SIGN a o f3' - SIGN S' r^ `SIGN SIGN E c, b o' iI(�;N SIGN cn g. S1C3tU SIGN Srcrry SIGN SIGN SIGN V? SIGN Height x 0.6 Height x 0.4 Maxis -num Width 1756760.5 FH ZO Chap I Definitions 19 Sign, Multi -Tenant Building Identification: A sign for a building complex or center that contains any number of businesses, greater than one, that share the same site and use common points of ingress and egress to and from the site. Sign, Neon: Any sign that uses neon, argon or any similar gas to illuminate transparent or translucent tubing or other materials, or any use of neon, argon or any similar gas lighting on or near the exterior of a building or window. Sign, Off -Premise Directional: A portable sign containing directional information to a destination within the Town's municipal boundary, which may only be located in specified areas of Town road rights-of-way during specified times. Sign, Open House Directional: A temporary sign with directional arrow, directing pedestrian or vehicular travel to the property or premise for sale, lease or rent. Sign, Parapet: A sign mounted to the face of a building parapet. Sign, Pole Mounted: A Freestanding Sign constructed with a support structure that is more than 10% of the height of the total sign and less than 90% of the width of the sign. The sign support structure shall be included in the sign area computation. Sign, Political: A sign that identifies a person, expresses a position, conveys a message concerning, or advocates a position on, the candidacy of a person, party or issue on an upcoming ballot. Sign, Portable: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of persons or wheels; signs converted to A -frames; menu and sandwich board signs; balloons used as signs; umbrellas for advertising; and signs attached to or painted on vehicles. Example of Portable Sign Sign, Projecting: A sign that extends from a building wall over a property line or right-of-way line. Sign, Pylon: See Pole Sign. Sign, Real Estate: A sign, attached to the site, advertising the sale, lease or rental of the property or premises on which it is located. 1756760.5 FH ZO Chap I Definitions 20 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 Isor 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 I Definitions 21 0 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 constriction 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 I Definitions 22 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 I Definitions 23 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. 0 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 I Definitions 24 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. is 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. 1756760.5 FH ZO Chap 1 Definitions 25 ZONING DEFINITIONS NOVEMBER 1* 2012 11 L 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. btAtee —-. Fondling er- )thef er-efie tettehing-oizr'a♦in♦a genitals, pubte region, � Anatontien! Areas --L Less than eampletely and opaquely eever-ed: (a) httfnan genitals, pubie region- > , 2. Human male genitals in a diseefnible tur-gid state, even if eempletely and epaqttely eevered Advertising Copy: Cotes that includes but is not limited to information such as phone numbers, prices announcement of sales business hours meeting times individual or specific product or merchandise information and directional information. Agriculture: The tilling of the soil, raising of crops, horticulture, viticulture, sulviculture, including all uses customarily incidental thereto but not including slaughterhouses, fertilizer yards, or plants for the reduction of animal matter, or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust or fumes. Airport: Any area which is used or is intended to be used primarily for the taking off and landing of aircraft, and any appurtenant areas which are used or intended to be used for airport buildings or facilities including open spaces, taxiways and tie -down areas, hangars, transition and clear zones, and other accessory buildings. Alley: A right-of-way, dedicated to public use, affording a secondary means of access to abutting property and not intended for general traffic circulation. Ambulatory Person: Any individual including one who uses a cane or other ambulatory support, who is physically and mentally capable, under emergency conditions, of finding a way to safety without assistance. Amendment: In reference to this ordinance, a change in the wording or substance of this ordinance, or an addition or deletion or a change in the zone district boundaries or classifications of the zoning map. Animal Hospital: Facilities for the care, treatment, and boarding of animals including facilities within the term "veterinary clinic." Antique: A product that is old or exchanged because of value derived, because of oldness as respects the present age, and not simply because same is not a new product. Appeal: An action which permits anyone to arrange for a hearing before an individual or a group other than the individual or group from whose decision the appellant seeks redress, or a first request for action, depending on context; Chapter 2 addresses the appeal procedures available to aggrieved parties. Area of Jurisdiction: The Town of Fountain Hills as it exists now and as it is lawfully changed; plus any area allowed by Arizona Revised Statute outside of the corporate limits which permits review by the Town of Fountain Hills. Automotive Junk: Any vehicle missing one or more body parts; or is incapable of operating under its own power; or is missing any wheels; or has missing or severely shattered glass which prohibits safe operation; or has one or more flat tires for a period of seventy-two (72) or more hours. Automobile Repair: All aspects of the repair of motor vehicles including, but not limited to, lubrication, tune-up and preventive maintenance. Automobile Sales: An agency selling motor vehicles and providing services commonly associated with motor vehicle sales. Awning: An architectural projection or shelter projecting from or supported by, the exterior wall of a building and composed of a covering of rigid or non -rigid materials and/or fabric on a supporting framework that may be either permanent or retractable including such structures which are internally illuminated by fluorescent or other light sources. r 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 -pre ise 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. > > of the stnaetufe. 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. ON Building Footprint The area of the primary structure measured from the outside walls (excluding any overhanging portionsl whichincludes indoor uses such as attached garae. carports utility room laundry, etc (includingcovered patios and breezeways which are an integral part of the roof structure of the structure. Building Frontage: The linear measurement of an exterior buildin¢ wall or structure that faces the public roadway. Building Permit: A permit required for erection, construction, modification, addition to or moving of any building, structure or use in the incorporated area of the Town of Fountain Hills as more fully defined in Section 417 of the Uniform Building Code adopted by the Town Council. Building Setback: The minimum distance as prescribed by this ordinance between any property line and the closest point of the foundation or any supporting post or pillar of any building or structure related thereto. (See: Yard, front, side and rear). Business Area An area designated by the Zoning Administrator as containing a concentrated group of businesses. Business Block A portion of a business area consisting of at least three lots bounded on all sides by a public right-of-way, alleyway or an adjacent property line. Campground: Any lot, parcel, or tract of land used, designed, maintained, and intended for rent of plots or sites to accommodate temporary camping by the traveling public with or without sanitary facilities and water, whether or not a charge is made for the use of the park and its facilities. Carport: A roof supported by pillars or cantilevers, which shelters a car or other vehicle. May either extend from a structure (usually a house) or be constructed separately (often to accommodate several cars). Cemetery: Land used or intended to be used for the burial of the dead, and dedicated for such purposes, including columbaria, crematoriums, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such premises. Channel Letter Individual letters constructed to be applied singly in the formation of a Building Mounted Sign or a Freestanding Sign Channel letters may be illuminated or non -illuminated. Church: A permanently located building commonly used for religious worship fully enclosed with walls, but including windows and doors, and having a structurally solid and sound roof. Clearing: The removal and disposal of all obstructions such as fences, walls, foundations, buildings and existing structures, and accumulations of rubbish of whatever nature. Also, the substantial removal of trees, also the substantial removal of trees, shrubs, cacti, and other indigenous vegetation, but not including grass and weeds considered to be a potential fire hazard. Clinic: A place for the provision of group medical services, not involving overnight housing of patients. Clubhouse: A building, located on a golf course with nine' (9) or more holes, that contains one or more of the following facilities: pro shop for the retailing of clothing and golf accessories; the golf course's own cart rental and maintenance facility (does not include the golf cart sales and the maintenance of golf carts not owned by the golf course); restaurant with or without alcoholic beverage service; and the golf course's administrative office. Cluster Housing: Houses built close together with little yard space and a large common area, rather than each house having a large separate yard. Commission: The Town of Fountain Hills Planning and Zoning Commission. (See Section 1.06). Common Open Space: Open space usable by all the people within a certain development and such area is owned by all the property owners in that development. Community Corrections Facility: A facility, which provides lodging and meals and, primarily, counseling, treatment, and rehabilitation to adjudicated delinquents, parolees, and individuals in pre-release (transitional) or diversionary programs from correction institutions. Community Development Director: The per -sen appek-Aed by the Tewn Manager to be the Gemmtmity Develepmen� Direeter-. if there is ne sueh per -sen designated by 4.1he Tewn M ager-, is T Manager- the Ce unity Development r�;, Bete. (Same as Development Services the Dir ctor . Comprehensive Sign Plan: Comprehensive Sian Plans are required in all commercial zoninv. districts for multi tenanted buildings or shopping centers The Comprehensive Sian 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. OCouncil: 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 The � 1 ''densitybaste � acres is 7.5 units per acre. F+tap "'es "T`on'g, 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 ivianager. 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 eaudience from motor vehicles. Dwelling: A building or portion thereof, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for residential purposes, including single-family and multiple -family dwellings; but not including hotels, motels, boarding and lodging houses, fraternity and sorority houses, rest homes and nursing homes, or child care nurseries. Dwelling, Multiple -Family: A building, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for occupancy by or occupied by two (2) or more families living independently of each other. Such building(s) shall have a connection, which is comprised, of a full ground to roof wall and a roof structure of not less than eight (8) feet in depth. Dwelling, Single -Family: A detached building, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for occupancy by or occupied by one (1) family for residential purposes. Dwelling, Two -Family: A building, built in accordance to the building code adopted in the Town or, if built prior to incorporation, adopted by Maricopa County, designed exclusively for occupancy by or occupied by two (2) families living independently of each other. Such building(s) shall have a connection, which is comprised, of a full ground to roof wall and a roof structure of 40 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. 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. 40 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 comuonent of a sign that has a translucent face. Garage, Private: A building or portion thereof, used for the shelter or storage of self-propelled vehicles, or owned or operated by the occupants of a main building where there is no service or storage for compensation. Garage, Public: Any building, except one herein defined as a "private garage" used for the storage of self-propelled vehicles or where any such vehicles are equipped for operation or kept for hire. Grade: The elevation of the land. Grade, Finished: Final elevation of the ground surface conforming to the approved grading plans. Grade, Natural: Elevation of the natural or undisturbed ground surface prior to any grading operation. If "natural grade" can no longer be determined, then the grade elevation existing on September 20, 1991, as shown on the Town's topographical maps of that date, shall be used in lieu thereof. If a parcel of land is not shown on the September 20, 1991 topographical maps, "natural grade" shall be as shown on a topographical map that has been both prepared after September 20, 1991 and that is acceptable to the Town Engineer. Grading: The process of changing gradients of land by contouring, smoothing or otherwise shaping land areas, by excavating, filling, or combination thereof. Group Home for the Handicapped and Adult Care: A dwelling shared by handicapped and/or elderly people as their primary residence and their resident staff, who live together as a single housekeeping unit, sharing responsibilities, meals, and recreation. The staff provides care for the residents. A Group Home for the Handicapped and Adult Care does not include nursing homes, alcohol or other drug treatment centers, community correction facilities, shelter care facilities, or homes for the developmentally disabled as regulated by the Arizona Revised Statutes Section 36-582. Grubbing: The elimination of roots from the ground by digging or pulling. Guest: Any transient person who rents or occupies a room or structure for sleeping purposes. Guest House: Living or sleeping quarters within an accessory building for the sole use of occupants of the premises, guests of such occupants or persons employed on the premises. The accessory building may be attached to or detached from the main building. Such quarters shall not be rented, and/or otherwise used for income producing purposes. Guest Ranch: A building or group of buildings containing two (2) or more guest rooms, other than a boarding house, hotel, or motel, and including outdoor recreational facilities such as, but not limited to, horseback riding, swimming, tennis courts, shuffleboard courts, barbecue and picnic facilities, and dining facilities intended for the use primarily by guests of the guest ranch, but not including bars and restaurants which cater primarily to other than guests of the guest ranch. Guest Room: A room designed for occupancy by one (1) or more guests for sleeping purposes, but having no cooking facilities and not including dormitories. Halo Illumination Sian 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: (W 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; (b13has a record of having such an impairment; or (e�) 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 intin .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�=W 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 apLr days, r (C) has shinning and receiving slto and from such occupation only be -by a vehicle customarily used for residential delivery purposes. Hospital: A place for the treatment or care of human ailments, where overnight lodging for patients is provided, other than nursing homes. Hotel: A building or group of buildings, other than a motel, boarding house or lodging house, containing individual guest rooms, suites of guest rooms, and dwelling units, and which furnishes services customarily provided by hotels. Individual: Any private individual, tenant, lessee, owner or any commercial entity including, but not limited to, companies, partnerships, joint ventures or corporations. Junk: Any old or scrap metal, rope, rags, batteries, paper, trash, wood, glass, plastic and/or rubber debris, waste, or junked dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material. Junkyard: Any land or building used for the abandonment, storage, keeping, collecting, or baling of paper, rags, scrap metals, other scrap or discarded materials, or for the abandonment, demolition, dismantling, storage, or salvaging of automobiles or other vehicles not in running condition, or machinery, or parts thereof. 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 unitek=hal is used or intended to be used for cooking or the preparation of food. Landscaping: An area which has been improved through the harmonious combination and introduction of trees, shrubs, and ground cover, and which may contain natural topping material such as boulders, rock, stone, granite or other approved material. The area shall be voiddevoid of any asphaltic or concrete pavement except for pedestrian walkways. A. "Fully -abutting" areas are those landscaped or revegetated areas, such as a disturbed area that is proposed to look as if no disturbance activity has occurred, where natural undisturbed areas abut one or both sides of a revegetated area. B. "Partially -abutting" areas are those landscaped or revegetated areas, such as a disturbed area that is proposed to look as if no disturbance activity has occurred, where natural undisturbed areas abut one side of a revegetated area. C. "Non -abutting" areas are those landscaped or revegetated areas that are not intended to fully resemble the preexisting natural undisturbed landscaping of the site. Laundry, Self Service: A building within which clothes washing and drying machines, and clothes dry-cleaning machines, either coin operated or attendant operated, are provided on a rental basis for use by individuals for doing their own laundry or dry cleaning. Self-service laundry does not include outdoor drying facilities. Letter Face The exterior side of an individual letter or individual graphic element. Logo A graphicdesign 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. LotAreal The total 1, ize 1 area within the let irfc • of a 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 (13 5) degrees or less. Lot Interior• A lot other than a corner lot. Lot, Key: A lot adjacent to.a corner lot having its side lot line in common the rear lot line of the (W 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. hot, n 1+ other -than a eofner- let. Lot, Keyi A lot adjaeet4 to a eemer- lot having its side lot line in eemmon the r-eaf 10t lifle E)f the 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 (13 5) degrees. Lot Line, Side: Those lot lines other than a street side lot line that connects the front and rear lot lines. Lot Line, Street Side: That lot line or lines on a corner lot adjoining a street right-of-way that connects the front lot line to a rear lot line. �,..:_:.:,:..:.:..:..:....- Lot Width: For rectangular lots, lots having side lot lines not parallel, and lots on the outside of the curve of a street, the distance between side lot lines measured at the required minimum front yard line on a line parallel to the street or street chord; and for lots on the inside of the curve of a street, the distance between side lot lines measured thirty, (30) feet behind the required minimum front yard line on a line parallel to the street or street chord. Mansard Roof A roof style composed of a combination of a steep semi-vertical plane connected to a flatter plane. Manufacturing: The fabricating or assembling of materials into finished or partially finished products by hand or by the use of machinery. Massage Establishment: Any establishment having its place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any massage activities defined as any method of pressure on, friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating of external soft parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance. 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: (ate eight (8) body feet or more in width; (ba) Thirty-two (32) body feet or more in length; (eg 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 HomeSubdivision: A subdivision designed for residential use where the residences are mobile homes and structures conforming to the adopted building codes of the Town. Mobile Structure: A movable or portable structure thirty-two (32) feet or more in length and eight (8) feet or more in width, constructed to be towed on its own chassis and designed so as to be installed with or without a permanent foundation for occupancy classification as an office, retail store, airport hangar, classroom, or any other occupancy classification. It may include one or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or two (2) or more units separately towable, which can be joined to form a single unit. The removal of the wheels and running gear shall not change the meaning of this term. Mobile Home Subdivision, A subdivisien es.gnad fer- residential use where th ees are Modular or Factory _Built Buildings: A building complying with the adopted building codes of the Town which is manufactured, constructed, or fabricated off-site and capable of being towed to a permanent site to be installed on a permanent foundation. Does not include a mobile home. Such a structure must be certified by the Office of Manufactured Housing of the State of Arizona. Motel: A building or group of buildings containing guest rooms or apartments each of which maintains a separate entrance, used primarily for the accommodation of motorists, and providing automobile parking space on the premises. Native Vegetation: Indigenous plant materials of the Sonoran Desert. Natural: The condition of the land, vegetation, rocks, and other surface features, which have not been, physically disturbed, changed or added to by any action of man or machine. Nonconforming Structure: A structure which was lawfully erected prior to the adoption of this ordinance but which, under this ordinance, does not conform with the standards of coverage, yard spaces, height of structures or distance between structures prescribed in the regulations for the district in which the structure is located. Nonconforming Use: The use of a structure or land which was lawfully established and maintained prior to the adoption of this ordinance but which, under this ordinance, does not conform to the use regulations for the district in which it is located. 1756760.5 FH 70 Chap 1 Definitions 14 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 bower line that is capable of conveying sixty-nine (69) thousand or more volts of power. Pan Channel Letter: An individual letter of a sign constructed so that the sides and back of the letter are one unit. Parapet An extension of a vertical building wall above the line of a structural roof. Park: A public or private parcel of land developed and used for passive or active recreation. Parking Area: An area designed and constructed, and used exclusively for the parking, storage and maneuvering of vehicles. Parking Shade Structures: A roofed, detached, accessory structure, which may be lighted, with four (4) open sides, designated or used 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. plan ting and Zoning CommissiOflt The Town -of Fout"R Hills Nanning and. Zoning 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. X38-431 et- seq. Public Utility: Private or public facilities for distribution of various services, such as water, power, gas, communication, etc., to the public. Recreation Facilities: Includes buildings, structures or areas built or developed for purposes of entertaining, exercising or observing various activities participated in either actively or passively by individuals or organized groups. Recreational Vehicle: A vehicular type unit primarily designed as temporary living quarters for recreational, camping or travel use, which either has its own motive power or is mounted on or drawn by another vehicle. This includes motor homes, self-contained travel trailers, and campers. Recreational Vehicle Park: Facilities for the temporary storage, parking and maneuvering of recreational vehicles (motor homes, travel trailers, campers, etc.) with adequate roads and stall sites, including sanitary and water facilities. Site locations are provided on a day-to-day basis. Does not constitute a mobile home park and may not allow mobile homes. Restaurant: An establishment whose primary business is the serving of food to the public. Retail Store: A commercial business for selling goods, services, wares or merchandise directly to the customer, but not including a professional office. Retaining Wall: A wall or terraced combination of walls used to retain earth, but not directly supporting the wall of a building, including stacked rock and imbedded boulder walls. r1 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 siue 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. 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. r1 U 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: Ani` An 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 T ' a '' "''"inclu in graphic devices fns++ ,• + _ sueh as b ,., 5 r . obtrusive colored such as logos a facia or architectural elements, bannersballoons, 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 inn 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 beach -- Sign, Building Mounted Any sign mounted onto the vertical surface of a building- see also Wall Si Sin Cabinet A frame constructed to hold internal components and covered by a face to hold the advertising sign. Sign Canopy: See definition of Awning Sign. Sign Changeable Copy: A sign constructed to hold individual letters or individual text sections that are mounted in or on a track system Changeable Copv Signs are usually used as Directory Signs. , . • _ but rl o� t t either- '.a t'� t a vein ARIA Sign, Directional: A sign ' " o" b r" ' supplying pertinent directional information for the purpose of promoting safety and the flow of vehicular or pedestrian traffic.See Chapter- 6 for- an r Example of Dirccbom d Signs: ENTER 3 ?J E 0 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, ,.� thA is permanently affixed to the horizontal member or surface at the edge of a projecting roof. c ehapteffor- example- le - Example Fascia Sian _ANA FAMMYS is LL Sign Flashing• A sign with an intermittent repetitive or flashing light source. Sign, Freestanding: A signal} that has its own supporting structure independent of the building or business it identifies, or- any pfeduet or- sen4e_e��- 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, iah tha contains only the name of the business, person, organization, place, r building at that location. Sign, Ideological: A signh that expresses, conveys, or advocates a non-commercial message. Sign, Illuminated: A sign, ..�" is lighted, either externally or internally. Sign internally Illuminated A sign constructed with a light source behind the face of the sign. Sign, Mansard-&—P-affij.4: 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. Fef an example,see C iapf6-Anv sign proposed for a building with a Mansard Roof shall have the ton of the sign mounted no higher than the lowest point of any portion of the roofline. Mansard Roof Sign, Menu Board: A changeable sign disp! ytftgoriQntated to the erdrive-through lane for a business that advertises the menu items or services availaable the drive-through fewindow. Sign, Mobile: See Portable Sign. Sin Monument A Ground Mounted Freestanding Sign identifying a subdivision or multiple occupancy development such as a shopping center, officer building or planned industrial ark which has multiple suites offices or tenants. A Monument Si n snail be a pari onage regulated by a Comprehensive Sign Plan. C Freestanding Monument Signs 10' SIGN SIGN SIGN SIGN SIGN SIGN m of b'-.. SIGN SIGN o�I SIGN M SIGN ! �: SIGN N Height x 0.6 Height x 0.4 Maximum Width SIGN SIGN SIGN SIGN SIGN SIGN SIGN SIGN SIGN SIGN SIGN Height x 0.6 Height x 0.4 Maximum Width Sign Multi Tenant Building Identification• A Sian for a building complex or center that contains ann b r of businesses greater than one that share the same site and use common points of ingress and egress to and from the site. Sin Neon Any sign that uses neon argon or any similar gas _to illuminate transparent or translucent tubing or other materials or any use of neon argon or any similar as lighting on or near the exterior of a building or window. Sign, Off -Premise Directional: A portable sign containing directional information to a destination within the Town's municipal boundary, which may only be located in specified areas of Town road rights-of-way during specified times. Sign Open House Directional: A temporary sign with directional arrow, directing pedestrian or vehicular travel to the property or premise for sale lease or rent. Sign Para -et: A sign mounted to the face of a building parapet. Sign Pole Mounted: A Freestanding Sign constructed with a support structure that is more than 10% of the height of the total sign and less than 90% of the width of the sign The sign support structure shall be included in the sign area computation. Sign, Political: A sign whiethat identifies a person expresses a position;; conveys a message concerning, or advocates a position on., the candidacy of a person, party; or issue on an upcoming ballot. Sign Portable Any sign not permanently attached to the ground or otherermanent structure. or a sign designed to be transported including,but not limited to signs desi¢ned to be transported by means of persons or wheels signs converted to A frames• menu and sandwich board signs balloons used as signs; umbrellas for advertising- and signs attached to or painted on vehicles. FxamnlP of Portable Sign SE_F Sign Projecting A sign that extends from a building wall over a property line or right -of --way line. Sign_ Pylon: See Pole Sign. Sign Real Estate A sign attached to the site advertising the sale lease or rental of the property or premises on which it is located. Sign, Roof: A sign affixed on, above; or over the roof of a building so that it projects above the roofline. The top of a parapet wall shall be considered the roofline. The hint cf mansH4vertical portion of a Mansard Roof shall be considered the roofline. The ton of the facia of a hipped roof shall be considered the roofline. Where a parapet wail is combined with a in sed 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 _ _.] L.. �L 1. ��nriol of a -shared within a sign district or (B) the names of businesses on property owueu by the hold ,=, s) o� s=hared monument sign permit. Si n 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 `n the ground, or signs affixed to a building, wall fence or sin st cure for a non -Penn ent _____e period, are considered temporary signs A banner, pennant poster balloon construction sign politicalsign or an A frame sign shall be considered atcmporiry sign. Sin 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 anopy. A sign attached to the underside of a cmarquee cantilevered roof or _�. ic� �____� F nnrh�nlartn eave or any other surface having an angle plus or minus -Fifteen (1 ► 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 ' er- other- te�A or- visual i n 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, a is rla^Iposrtioned to be read from the exterior of a building. Sign District A group of businesses within a business blockorganized for the pmose 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 contammg the name of each business and its owner(s) and the business address and telephone number, wd evidencing that the sign district members have agreed to the following: A The placement of the shared monument sign within the business block: B A shared monument sign meeting the requirements of subsection 6.08 BB C The individual business owners' and property owner's respective responsibilities for maintenance removal and alteration of the shared monument sign and 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 n 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-.A,Greater than 50% of the lot's yard area being disturbed; or B-.B.Greater than 1,000 square feet of the lot's yard area being disturbed. Specified Anatomical Areas: Either of the following: A Less than completely and opaquely covered: (1) human genitals pubic region 2 buttock; and (3) breast below a point immediately above the top of the areola. B Human male genitals in a discernible turgid state even if completely and opaquely covered. Specified Sexual Activities: A.- Human genitals in a state of sexual stimulation or arousal. B Acts of human masturbation sexual intercourse or sodomy. C Fondling or other erotic touching of human genitals pubic region buttocks, or breasts. Stable: A detached accessory structure including, but not limited to, a corral or paddock for the keeping of one or more horses owned by the occupants of the premises and which are not kept for remuneration, hire or sale. Stable, Commercial: A structure including, but not limited to, a corral or paddock for the keeping of horses for remuneration, hire or sale. Store: A building where manufactured or ready-made items can be purchased. Story: That portion of a building included between the surface of any floor and the finished ceiling next above it or the finished undersurface of the roof directly over the particular floor. Street: A right-of-way ' whiehthat 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 accented by the Town of Fountain Hills for public use. Street Line: The boundary line between street right-of-way and abutting property. Street, Publie; A f!ight of way, d Aieated to and ar-eepted by the Town of Fountain l4ills, f0f 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. 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. Transmission Line, Over-headl - An eleetr4eal power- line, whieh is eapable of-eeffyey-iffg 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 permit4s 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 2.06tB) herein. Wall: Any device forming a physical barrier which is so constructed that fifty (Wpercent OW 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. 11 E* Document comparison by Workshare Compare on Tuesday, October 02, 2012 4:"lo:wj rive Input: Document 1 ID interwovenSite://GRPHX_SQL/Phoenix/1756760/1 Description #1756760v1 <Phoenix> - CODE - ZO CH 1 - Definitions Document 2 ID interwovenSite://GRPHX_SQL/Phoenix/1756760/5 Moved from #1756760v5<Phoenix> - CODE - ZO CH 1 - Definitions v5 Description (AJM 10.1.12) Rendering set Standard Legend: Style change Format change Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions147 Deletions 74 Moved from 22 Moved to 22 Style change 0 Format changed 0 Total changes 265 TOWN OF FOUNTAIN HILLS SIGN REGULATIONS 0 NOVEMBER 1, 2012 P� 1752356.8 A I 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 1752356.8 Town of Fountain Hills Zoning Ordinance 2= � Purpose [Reserved] Sign Permits; Fees Violations Penalty Enforcement and Remedies General Regulations Signs Allowed November 1, 2012 A Town of Fountain Hills Zoning Ordinance Chapter 6 Section 6.01 Purpose The regulations set forth in this Chapter are intended to encourage attractive signage for businesses and services, optimizing the availability of information, while promoting the general welfare by creating more aesthetically appealing community. 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. 1752356.8 5. Temporary noncommercial signs. 6. Signs not visible from off-site public or private property. 7. Holiday signs permitted by subsection 6.08(Z). 8. Garage sale signs permitted by subsection 6.08(M). 9. Political signs. Page 2 of 34 November 1, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 10. Window signs on the inside of a window. 11. Signs of less than eight (8) square feet placed on any church property or any sign relating to church operations that is not visible from an adjacent street or property. 12. Signs placed on any school property by the Fountain Hills Unified School District. 13. [Reserved]. 14. Signs that relate to a special event, except as required by subsection 6.08(U). 15. Banners, balloons and pennants, except as required by subsection 6.08(D). 16. Changes to a sign panel or copy on an existing sign. B. Failure to conform to the conditions of a sign permit, including any conditions and/or stipulations attached thereto by the Town Council and/or Board of Adjustment, shall render such permit void. C. Fees for sign permits shall be required and payable in such sums as the Town Council may from time to time establish as part of the Town's annual budget or by separate resolution. D. A sign permit does not include electrical work; however, this exemption shall not be deemed to grant authorization for any work to be done in violation of the provisions of the Fountain Hills Town Code or any other laws or ordinances. o 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. Page 3 of 34 November 1, 2012 1752356.8 Town of Fountain Hills Zoning Ordinance Chapter 6 C. To fail to remove any sign that is installed, created, erected or maintained in violation of this ordinance, or for which the sign permit has lapsed. If any such violation is continued, then each day of a continued violation shall be considered a separate violation when applying the penalty provisions set forth in Section 6.05 below. The violations set forth in Section 6.04 above are declared to be civil in nature. The responsible parties for enforcement purposes are (i) the owner or operator of the business or residence identified on the sign and (ii) the owner or occupant of the business or residence to which the sign is directing pedestrian or vehicular traffic. Enforcement of violations of this chapter shall be made through the use of the civil citation process set forth in Subsection 1-8-3 of the Town Code. Fines may be assessed according to the following schedule: A. First offense, fine not to exceed $25.00 and confiscation of sign(s). B. Second offense within twelve (12) calendar months of first offense, fine not to exceed $50.00 and confiscation of sign(s). C. All subsequent violations within twelve (12) calendar months of the first offense, fine not to exceed $100.00 and confiscation of sign(s). Section 6.06 Enforcement and Remedies Any violation or attempted violation of this ordinance or of any condition or requirement adopted pursuant hereto may be restrained, corrected or abated, as the case may be, by injunction or other appropriate proceedings pursuant to state law. A violation of this chapter shall be considered a violation of the Zoning Ordinance. The remedies of the Town shall include, but are not limited to the following: A. Issuing a stop -work order for any and all work on any signs on the same lot; B. Confiscation of sign(s); Page 4 of 34 November 1, 2012 1752356.8 Town of Fountain Hills Zoning Ordinance Chapter 6 C. Seeking an injunction or other order of restraint or abatement that requires the removal of the sign(s) or the correction of the nonconformity; D. Imposing any penalties that can be imposed directly by the Town under the Zoning Ordinance; E. Seeking in court the imposition of any penalties that can be imposed by such court under the Zoning Ordinance; and F. In the case of a sign that poses an immediate danger to the public health or safety, the Town may take such measures as are available under the applicable provisions of the Zoning Ordinance and Building Code for such circumstances. The Town shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the Zoning Ordinance. All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. r w 1 " r = 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 (W and repair. When any sign becomes in danger of falling, or is Page 5 of 34 November 1, 2012 1752356.8 Town of Fountain Hills Zoning Ordinance Chapter 6 (W 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: Page 6 of 34 November 1, 2012 175235(.3 Town of Fountain Hills Zoning Ordinancc.1 Chapter 6 1. For sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed, the Sign area is the area within the outside dimensions of the background panel or surface. Example Sign Copy Area 2. For sign copy consisting of individual letters and/or graphics affixed to a wall or portion of a building that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy, the sign area is the area within the smallest rectangle that will enclose the sign copy. Example Sign Area Y 3. For Sign copy mounted or painted on an internally -illuminated sign or internally -illuminated element of a building, the entire internally -illuminated surface or architectural element that contains sign copy will be counted as sign area. Page 7 of 34 November 1, 2012 1752356.8 Town of Fountain Hills Zoning ordinance Chapter 6 Example Illuminated Sign Area 4. Number of sign faces: one - Area of the single face only. Two - If the interior angle between the two sign faces is forty- five (45) degrees or less, the sign area is the area of one face only; if the angle between the sign faces exceeds forty-five (45) degrees, the sign area is the sum of the areas of the two faces. Three or more - For any sign containing three or more faces, the sign area shall be measured as the sum of areas of the all the • sign faces. Example Sign Face Area Greater �1ha n 450 Up to 45° � a s 2 faces 1 face Three dimensional, sculptural or other non -planar signs - Sign area will be the sum of the areas of the vertical faces of the smallest polyhedron that will encompass the sign structure. Page 8 of 34 November 1, 2012 175235G.S Town of Fountain Hills Zoning Ordinance Chapter 6 Example Dimensional Sign Area 5. For signs having more than one component (e.g., a service station identification/price sign combination mounted on a common base), the sign area is the area of the rectangle enclosing all components of the sign. Example Fuel Price Sign Area H. Sign height is defined as follows: 1. Freestanding Sign: Sign height is the distance from the top of the sign structure, to the top of curb of the public road nearest the sign, or to the crown of public road nearest the sign if no curb exists. Example Freestanding Sign Height 2. Wall or Fascia Mounted Signs: Sign height is the distance measured from a point perpendicular to the top of the midpoint of the sign structure, to the top of the finished floor of the ground floor level directly below the midpoint of the sign. Page 9 of 34 November 1, 2012 1752356.8 Town of Fountain Hills Zoning Ordinance Chapter 6 Example Midpoint of Sign i� Midpoint of 9gn Midpoint of 9gn l r r �- Finished floor beneath 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 (W 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. Page 10 of 34 November 1, 2012 1752356.8 Town of Fountain Hills Zoning Ordinance Chapter 6 13. A -frame signs, except as provided in subsections 6.08(B), 6.08(M) and 6.08(Q). I 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 (W 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. A 1752356.8 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. Page 11 of 34 November 1, 2012 A Town of Fountain Hills Zoning Ordinance Chapter 6 4. One business or commercial vehicle smaller than three and one half (3.5) tons displaying signage or advertising as a normal part of business activity may be parked in an off-street parking space within a residential zone at the residence of the owner or lessee of such vehicle unless otherwise prohibited by subsections 7.02(G) & (H) and 5.14(F) of this Zoning Ordinance. 5. Unless specifically permitted in subsections 6.07(M)(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 Tota! Aggregate Sign Area A N/A A 1 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 iN'lessage Center CC * CC N/A Event Banners, Balloons and Pennants D * D D Flag 1 1 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 I N/A N/A N/A 1752356.8 Page 12 of 34 November 1, 2012 Towri of Fountain Hills Zoning Ordinance Chapter 6 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 Waltzers BB N/A N/A N/A Special Event Signage U CI U U Street Addresses AA AA AA AA Subdivision Identifikation 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 Rebulations 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 Page 13 of 34 November 1, 2012 1752356.8 A Town of Fountain Hills Zoning Ordinance Chapter 6 foot of building frontage, but in no case more than one hundred (100) square feet. 3. In all commercial and industrial zoning districts, any licensed business located above the ground floor 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: 172356.5 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. Page 14 of 34 November 1, 2012 I R_ Town of Fountain Hills Zoning Ordinance Chapter 6 C. Public street, subject to the limitations of 6.08(8)(3) below. 3. Location of A -frame signs shall be restricted as follows: 1752356.8 a. Such signs shall not be located on the paved portion of any public street, any sidewalk, or any median. b. Such signs shall not be located within a designated parking or loading area. C. Signs shall not be located in a manner that poses a traffic vision hazard. Signs may not be located within the sight triangle as defined in the Town of Fountain Hills Subdivision Ordinance Section III, Exhibit 16. d. A -Frame signs must be placed at least one (1) foot behind the curb. If no curb is present, signs shall be located at least three (3) feet from the edge of the paved portion of the public right-of-way. No A -Frame signs shall be placed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. 4. No sign may be greater than twenty-four (24) inches wide and thirty-six (36) inches tall. 5. Signs shall be constructed of wrought iron; sheet metal; 1/8 inch thick plastic; or of wood that is at least 3/8 inch thick. No other materials are acceptable. 6. Signs must be manufactured by a professional sign company. 7. Signs shall be in good repair. 8. Attachments to signs are limited to balloons flown no higher than six (6) feet from the ground. If attachments are used, the A - Frame sign must be set back from the curb a minimum of three (3) feet; if no curb is present, the A -Frame sign shall be located 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. Page 15 of 34 November 1, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 10. Signs shall only be displayed between the hours of 6:00 a.m. and 12:00 a.m. 11. No A -frame sign is permitted anywhere within the Town of Fountain Hills after December 31, 2014. 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 two periods of seven (7) consecutive days per month. The provisions of this paragraph 6.08(D)(2) shall expire on December 31, 2014. 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 (W building entrance. Page 16 of 34 November 1, 2012 1752356.8 Town of Fountain Hills Zoning Ordinance Chapter 6 6. Banners, balloons or pennants shall not be designed to depict any product or service that cannot legally be provided in the Town. 7. Total sign area including permanent signs, pennants and banner signs shall not exceed 200% of the permitted sign area. 8. Banners, balloons or pennants shall be professionally manufactured. 9. Banners, balloons or pennants shall not be displayed in the required perimeter street landscaping. 10. Banners, balloons or pennants shall not obscure building address numbers. 11. Banners, balloons or pennants shall not encroach within onsite fire lanes. 12. Banners, balloons or pennants shall not be attached or hung on or from a tree or shrub. 13. No balloon may be larger than twenty-four (24) inches in diameter. 14. Balloons shall not be flown higher than six (6) feet from the ground. 15. Banners, balloons and pennants shall not be erected at the intersection of any street or pedestrian walkway in such a manner as to obstruct free and clear vision, nor at any location where, by its position, shape or color, it may interfere with or obstruct the view of or be confused with any authorized traffic signal, sign or device. Page 17 of 34 November 1, 2012 1752356.8 �1 Town of Fountain Hills Zoning Ordinance Chapter 6 TYPE OF EVENT SIGN TYPE Banners Balloons & Banners, Pennants Pennants & Balloons 1. 12 Hrs during 30 -Days one Day Event Grand Opening w/Permit 2. No Permit Necessary 1. 12 Hrs during Chamber Ribbon 30 -Days one Day Event Cutting w/Permit 2. No Permit Necessary 1.12 Hrs during Change of Business 30 -Days one Day Event Name, Owner or w/Permit 2. No Permit Management Necessary Church Event 30 -days 1.Permit Required w/permit - Two periods of seven (7) consecutive days per month Any Type of Event - No Permit Necessary -Town Notification Re wired * *Town notification: Prior to the event, the event organizer must submit tor 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: (W 1. Said structure must be on arterial streets. Page 18 of 34 November 1, 2012 1752356.3 Town of Fountain Hills Zoning Ordinance Chapter 6 2. Structures shall not be over six feet in height or exceed an area of sixty (60) square feet. 3. Sign may not be illuminated. 4. Each civic organization shall be limited to a maximum sign area of two square feet. F. Signs for a contractor may be placed on a construction site if signs meet the following criteria: 1. One contractor sign or banner per lot. 2. Subcontractors may not place additional signs but may be listed on a main contractor sign. 3. Maximum size of sign shall not exceed eight (8) square feet. 4. Maximum height of five (5) feet. 4W 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 Page 19 of 34 November 1, 2012 1752356.8 Town of Fountain Hills Zoning Ordinance Chapter 6 constructed that if it should collapse, its reclining length would be contained on the property for which it was installed. 2. Any flag flown in conjunction with the United States or State of Arizona flags shall be flown beneath them. 3. Unless specifically permitted in this Zoning Ordinance, no more one (1) flag may be flown or hung on any one (1) site or structure; provided, however, that one (1) State of Arizona, one (1) foreign national flag, and one (1) Fountain Hills Unified School District flag may be flown in addition to the one (1) permitted flag. 4. The maximum size of any corporate flags shall not exceed fifteen (15) square feet, with no single dimension to exceed six (6) feet. 5. A sign permit is required to display any corporate flag and must be included as part of the total aggregate sign area. 6. Display of the United States flag must meet all requirements of the United States Flag Code, including national and local lighting (W standards. 7. A model home that has a special use permit may use flags in addition to the United States flag and State of Arizona flag, in the following manner: a. There can be no more than two (2) flags on the lot of one model home and one (1) flag on each additional lot with a model home located upon it, not to exceed five (5) total flags. b. The maximum size of any model home flag shall not exceed eight (8) square feet. C. Model home flags shall not be illuminated. d. Flagpole shall not exceed twenty-five (25) feet in height. 8. No sign permits are required for flags unless otherwise noted. 9. The maximum size of a United States flag, State of Arizona flag or foreign national flag shall be sixty (60) square feet. This limit Page 20 of 34 November 1, 2012 1752356.8 Aj Town of Fountain Hills Zoning Ordinance Chapter 6 does not apply to a United States flag or State of Arizona flag flown on a national or state holiday. J. Freestanding signs are allowed as follows: 1. Freestanding signs shall be counted as a portion of the total aggregate sign area except as outlined in paragraph 6.08(J) (7) below. 2. One freestanding sign is allowed for each street frontage. 3. Maximum area of fifty (50) square feet. 4. Maximum height of twelve (12) feet (including base). 1752356.8 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. Page 21 of 34 November 1, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 2. District Dissolution: If a sign district is dissolved, the property owner(s) of the business block who were participants in the sign district shall be required to remove the shared monument sign unless. i. A new sign district is formed to assume responsibility for the shared monument sign within thirty (30) days from the date of dissolution of the old sign district; or ii. The property owner upon whose property the shared monument sign is located assumes complete control over the shared sign monument. b. Limitations on Shared Monument Signs: 1. Height Restrictions: i. Where the sign district contains four or fewer businesses, the maximum height of the monument sign shall be six (6) feet. ii. Where the sign district contains five or more businesses, the maximum height of the monument sign shall be eight (8) feet. 2. Width may not exceed four (4) feet. 3. The area of the sign shall not exceed twenty-four (24) square feet. 4. Sign Placement: i. Signs may not be placed within the public right-of-way. ii. Signs must be at least one hundred fifty (150) feet away from any other type of monument sign. iii. Signs must not be placed in a manner that obstructs the vehicular sight lines and road "clear zones" established by the Town Engineer Page 22 of 34 November 1, 2012 1752356.& Town of Fountain Hills Zoning Ordinanc..c.,� Chapter 6 in accordance with traffic engineering standards. 5. The Zoning Administrator or authorized designee may only approve the placement of a shared monument sign 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. Page 23 of 34 November 1, 2012 1752356.8 Town of Fountain Hills Zoning OrdinanCEy Chapter 6 C. Landscaping: 1. Minimum of two (2) square feet of landscape area per one (1) square foot of sign area shall be provided at the base of the sign. 2. Landscaping may be occasionally changed, but shall always be maintained in good condition by the property owner. d. Lighting: 1. The text area of the sign may be back -lit such that the source of illumination is not visible; provided, however, that back -lit non-opaque panels are not permitted. 2. The text area of the sign may be illuminated by fully shielded ground mounted directional lighting. K. Fuel price signs are allowed as follows: 1. Fuel price signs shall be counted as a portion of the total aggregate sign area. 2. One freestanding fuel price sign is allowed per street frontage. 3. Maximum area of twelve (12) square feet per sign. 4. Maximum height of five (5) feet. 5. Minimum area of four (4) square feet of landscaping per one square foot of freestanding sign shall be provided at the base of the freestanding sign. L. Future Development Signs announcing the proposed development of property prior to issuance of a building permit for the purpose of displaying the name of the project, contractors, architect and any additional information pertaining to the site on which the signs are located are allowed in accordance with the following: 1. Maximum size shall not exceed thirty-two (32) square feet. 2. Sign shall not be illuminated. Page 24 of 34 November 1, 2012 1752356.3 Town of Fountain Hills Zoning Ordinance Chapter 6 (W 3. Sign may be double faced. 21 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: 1752356.8 1. Garage sales signs may only be used for garage sales, yard sales and carport sales as outlined in Section 8-3-3 of the Town Code. 2. Garage sale signs must be placed at least one (1) foot behind the curb. If no curb is present, signs shall be located at least three (3) feet from the edge of the paved portion of the public right-of-way. Garage sale signs shall not be placed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. 3. No garage sale sign shall be permitted within the Shea Boulevard public right-of-way. 4. No garage sale sign shall be located within three hundred (300) feet along the same roadway, as measured along the public right-of-way line(s), as another sign bearing the same or substantially the same message. 5. There shall not be more than five (5) garage sale signs to any destination. 6. Garage sale signs may only be displayed between sunrise and sunset. Signs remaining in public rights-of-way after sunset, or placed in rights-of-way prior to sunrise, shall be subject to confiscation and destruction by the Town. Page 25 of 34 November 1, 2012 V Town of Fountain Hills Zoning Ordinanc(, Chapter 6 7. Maximum size shall not exceed four and one-half (4.5) square feet. 8. Maximum height shall not exceed three (3) feet. 9. Signs may only be constructed of wrought iron, sheet metal, plastic or of wood that is at least 3/8 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. 1752356.8 5. Maximum height of five (5) feet. 6. Minimum area of four (4) square feet of landscaping per one square foot of freestanding sign shall be provided at the base of the freestanding sign. 7. Speaker boxes and LED boxes are allowed as follows: a. May not exceed thirty-six (36) cubic feet and four (4) feet in height. b. May not contain advertising of any kind. C. When installed separately from menu board, speaker box and LED box sign area will be calculated in addition to total aggregate sign area. Page 26 of 34 November 1, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 8. Placement of menu boards, speaker boxes and LED boxes must meet the following guidelines: a. Cannot be visible from any public street or alley. b. Must be at least one hundred fifty (150) feet from any residential zoning district or be fully screened from residential view by a masonry wall. 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). 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: 1752356.8 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). Page 27 of 34 November 1, 2012 21 Town of Fountain Hills Zoning Ordinance Chapter 6 3. Maximum area for each sign shall be six (6) square feet. 4. No sign may be greater than twenty-four (24) inches wide and thirty-six (36) inches tall. 5. Signs shall not be illuminated. 6. Sign must contain a directional arrow. 7. Signs shall be placed at least one (1) foot behind the curb. If no curb is present, signs shall be located at least three (3) feet from the edge of the paved portion of the public right-of-way. No sign is allowed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. 8. No sign shall be placed within one hundred fifty (150) linear feet of the Shea Boulevard public right-of-way. 9. Signs must be made by a professional sign company. 10. Signs shall not be located within one hundred (100) linear feet of any sign advertising the same location. 11. Sign placement, other than as described above, may be approved by the Zoning Administrator or authorized designee. R. 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: 1752356.8 1. Maximum aggregate size, per individual candidate or ballot issue, shall not exceed sixteen (16) square feet on any residential lot or parcel. 2. Maximum length shall not exceed six (6) feet. 3. Maximum height shall not exceed four and one-half (4.5) feet. Page 28 of 34 November 1, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 4. Except as otherwise permitted by State Law, no such sign or portion of the sign may be located in or project into a public right-of-way. Political signs shall be removed within fifteen (15) days after the election or referendum for which the signs were posted. Candidates successful 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. (W 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. Page 29 of 34 November 1, 2012 1752356.8 Town of Fountain Hills Zoning Ordinance Chapter 6 7. Signs may only be placed on property that is for sale, lease or rent. 8. Maximum number of signs allowed is one (1) per street frontage. 9. Signs must be removed when the purpose for which the sign was erected is complete. 10. Sign placement, other than as described above, may be approved by the Zoning Administrator or authorized designee. U. Special Event Signage is allowed as follows: 1. A sign placement plan detailing the size, location, and timing of proposed signs to be used for a special event shall be presented with the special event permit application. 2. These signs shall be placed only after a special event permit has been issued by the Town and must be removed within twenty- four (24) hours after the conclusion of the event. 3. The regulations in this chapter may be waived by the Town Council for special event sign placement, size, and timing. V. Under -Canopy Signs are allowed as a part 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. Page 30 of 34 November 1, 2012 1752356.8 a Town of Fountain Hills Zoning Ordinance Chapter 6 6. In no case shall any object, banner, sign or other material be attached to, or hung from the sign. 7. No under -canopy sign shall be mounted 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. 1752356.8 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. Page 31 of 34 November 1, 2012 IR Town of f=ountain Hills Zoning Ordinance Chapter 6 5. In the C-2, C-3, and TCCD zoning districts, a secondary entrance wall sign is allowed in addition to total aggregate sign area if the following criteria are met: a. Wall sign areas shall not exceed 25% of primary total aggregate sign area. b. Secondary entrance must not be visible from main public entrance. C. Secondary entrance must face a rear parking area, common area or public use frontage. X. Window Signs are allowed as follows: 1. Except for neon signs as permitted in paragraph 6.08(P) of this Zoning Ordinance, window signs do not count as part of the total aggregate sign area. 2. May not exceed 50% of window area. 3. Window signs shall be prepared 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: 1752356.8 1. Name, address and phone number of property owner or designee. Page 32 of 34 November 1, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 2. Written text clearly outlining the sign plan to include all suites, offices or other leased/leasable space. 3. Name and address of property for which the comprehensive sign plan is designated. 4. Design criteria allowed for signage (i.e. colors, installation method, materials, type of signage, etc.). If 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: Page 33 of 34 November 1, 2012 1752356.8 Town of Fountain Hills Zoning Ordinance Chapter 6 1. If located within the right-of-way, a sign walker shall be positioned behind the curb or, if no curb is present, ten (10) feet behind the edge of pavement. 2. Sign Walkers shall not erect or place tents, temporary structures, umbrellas, chairs or stools anywhere within the public right-of-way or adjacent property. 3. Sign shall not be positioned so as to obstruct vehicle sight lines and road "clear zones" established by the Town Engineer in accordance with traffic engineering standards. 4. Sign walkers shall not obstruct the free movement of pedestrians on sidewalks. 5. Sign walkers are not allowed in the medians of public or private streets. 6. The sign worn, held or balanced by a sign walker shall be a maximum of five (5) square feet in size and may be double sided. CC. Electronic Message Center: Signs with intermittent, scrolling or flashing illumination, including electronic message center signs, are permitted in Commercial and Industrial zoning districts only; provided, however, that churches and schools may display such signs in residential districts. All electronic message center signs are subject to the following: 1. Signs must be on-site. 2. There shall be no moving or flashing green or red features that could be mistaken as traffic control devices. 3. Intermittent Changes: a. Any changes to the face or copy of the sign must have a minimum of eight (8) second interval between changes. b. Any changes to the face or copy of the sign must stop at 10:00 p.m., except for time and temperature. C. After 10:00 p.m., the background must be darker than the text. Page 34 of 34 November 1, 2012 1752356.8 F FOUNTAIN HIL SIGN REGULATIONS ® NOVEMBER 1, 2012 c. 1 ef45 1 7 Civ356. 1 Town of Fountain Hills Zoning Ordinance Chapter 6 SIGN REGULATIONS Sections: 6.01 Purpose.. 6.02 ^ef*nwtmens.[Reserye dl 6.03 Sign Permits; Fees-.- ees:6.04 6.04 Violations - 6.05 Penalty: 6.06 Enforcement and Remedies: 6.07 General Regulations: 6.08 Signs Allowed IM A Town of Fountain Hills Zoning Ordinance Chapter 6 Section 6.01 Purpose Thegnyulat',}'�i w��The regulations set forth in this Chanter are intended to iv 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 LReservedl -- - - -- - : -- - - OR- ff. : -- 011 ON- : - - ., — --:-- ---- - .. - - - - - .::Mrs- - - - - Page 2 of ^6� �,3 November 1.2012 MR - : .- = Page 2 of ^6� �,3 November 1.2012 Town of Fountain Hills Zoning Ordinance Chapter 6 -- OEM - WA - • • : - - : • . i i . Page 3 of 2012 P523564 1752356.8 Town of Fountain Hills Zoning Ordinance Chapter 6 A - :. : - -: -ENNRARi Page 4 of 4�-d{t�re X34 November 1.2012 1752356 8 _ Kos= ni RICO M -M Page 4 of 4�-d{t�re X34 November 1.2012 1752356 8 Town of Fountain Hills Zoning Ordinance Chapter 6 11 Ma VUQ - - - - -.PWIMMMIM Page 5 of 2012 1752356.1 i-r 1=35U Town of Fountain Hills Zoning Ordinance Chapter 6 -: Mv Mm No - - - - - ENOWNREMIMULELM :. - - -- - - ---------- or -:-- u- (W Page 6 of ^ c34 November 1.2012 7:P« 1752356 8 Town of Fountain Hills Zoning Ordinance Chapter 6 Parapet: An extensien ef a veFtieal building wall abeve the line ef the } EWFay reef. t An Reverse Pan Channel I=e&.1.i---r r_% individual letteF e: a sign eenstrueted e Page 7 of 46�34 November L 2012 1752356.1 1752356 8 Ioroj t An Reverse Pan Channel I=e&.1.i---r r_% individual letteF e: a sign eenstrueted e Page 7 of 46�34 November L 2012 1752356.1 1752356 8 Town of Fountain Hills Zoning Ordinance Chapter 6 09 menuffient sign will be eFeeted, eentaining the nange of eaeh business and its (a) The -placement of the shaFed ngenHngent sign within the business Meek; �f shaFed n9eniiment sign; and (d) The individual business owneFS' -and PFOperty ewneFfs Fespensi bi Ries in the event that the sign distFiet is disselved. Page 8 of 46-j*n-e-',34 November 1.2012 17 2356.1 1752356 8 MAIL- IVA isELWILqEWAKMILI 09 menuffient sign will be eFeeted, eentaining the nange of eaeh business and its (a) The -placement of the shaFed ngenHngent sign within the business Meek; �f shaFed n9eniiment sign; and (d) The individual business owneFS' -and PFOperty ewneFfs Fespensi bi Ries in the event that the sign distFiet is disselved. Page 8 of 46-j*n-e-',34 November 1.2012 17 2356.1 1752356 8 41-11 —on In - - - .- - : -- :--In oRMIL-A - : ::. :- - - -armaft:- on Ko q MAN on 09 menuffient sign will be eFeeted, eentaining the nange of eaeh business and its (a) The -placement of the shaFed ngenHngent sign within the business Meek; �f shaFed n9eniiment sign; and (d) The individual business owneFS' -and PFOperty ewneFfs Fespensi bi Ries in the event that the sign distFiet is disselved. Page 8 of 46-j*n-e-',34 November 1.2012 17 2356.1 1752356 8 M Town of Fountain Hills Zoning Ordinance Chapter 6 AWL V MELWANENR - . VINWNEN LWA - :A.—ImmINNINN --W I- qLW 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: ®Page 9 of ^�- i••�� 34 November 1.2012 -�n�r Town of Fountain Hills Zoning Ordinance Chapter 6 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 peFFnitted in Fesidential areas by subseetien 6.98(R). 10. Window signs on the inside of a window. 11. Signs of less than eight (8) square feet placed on any church property or any sign relating to church operations wh+elitha_t is not visible from an adjacent street or property. 12. Signs placed on any school property by the Fountain Hills Unified School District. 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.E hanaes to a sian panel or copy on an existing sign shall net . eFmit'. 0 Page 10 of 46_j*fle-7;34 November 1.2012 11 752356,1 1752MU Town of Fountain Hills Zoning Ordinance Chapter 6 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 establisha�art 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 erdinanee and shall be subject to the enforcement remedies and penalties provided by this seetien, 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 let ww' hin which the sign is located. B. To install, create, erect or maintain any sign requiring a permit without such a permit. 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. D. If any such violation is continued, then each day of a continued violation shall be considered a separate violation when applying the penalty peFtiefls-ef this eFdina^��provisions set forth in Section 6 05 below. Section 6.05 Penalty The e is+e sviolatLans set forth in Section 6.04 above are declared to be civil in nature. It iS ffesunged thaThe responsible parties for enforcement purposes are (i) the owner or operator of the business or residence identified on the sign is the Fespensibie paFty feF eefnplianeeand (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 epi;-z+i-,tthe civil citation process set forth in Page 11 of 46-dt>fte X34 November 1.2012 1752356 8 Town of Fountain Hills Zoning Ordinance Chapter 6 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 eFdinaneechapter 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); 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. Page 12 of ^ 6�ja_,34 November 1.2012 1 7523561 1752356 8 Town of Fountain Hills Zoning Ordinance Chapter 6 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 --of -Feuntain 1l:lls Buil ipr 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 unless1lspecifically authorized herein;--er: (2) authorized by other Town ordinances or regulations;,or 131 permitted by special Town authorization. C. No sign, including temporary S+9irS-,5L9=Q= or sign structure, shall be erected or placed:: f 11 in a manner that would obscure vehicular visibility; fr&Fgr W at any location where by its position, the shape or color of the sign may interfere with; or obstruct the view of, or be confused with, any authorized traffic sign, signal or device. D. Every sign permitted by this ordinance must be kept in good condition and repair. When any sign becomes in danger of falling, or is otherwise deemed unsafe by the Town's Chief Building Official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this ordinance, the owner thereof, or the person or firm using the sign, shall, upon written notice by the Chief Building Official, or immediately in the case of immediate danger, and in any case within not more than ten=1101 days; after notice: 111 make such sign conform to the provisions of this ordinance;- or s#al4f remove the sign. If, within ten 1101 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 this Chapter, no longer conforms in use, location, height or size with the regulations of this e dinanee hapter. shall be considered a pFeteetedLectal 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 Page 13 of ^ 6- _jjHte ;34 November 1.2012 11 902356.11 1752350 Town of Fountain Hills Zoning Ordinance Chapter 6 otherwise set forth in subseetiensparagraphs 6.07(�E)M? and (@;j) below, any change in the sign, including a 50% or more change of sign copy, shall be considered an abandonment and the pFeteetedl " non -conforming status of the sign shall become void. 2. Whenever the name of a business or otber.sign text changes, any to - bring them into conformange with this Chapter,• • change is a change of •1 copy Qnly. Thisparagraph shall 1• apply to directQry signs designed with interchangeable letters or panels or • the text area -of• • n. 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 buil ina. land or site restored to its original state F. Emeept wheffUnIgas otherwiseallewed, all secs ifically permitted pursuant to this Chapter, each sign must be located on eF in Fent of the lot; for which it advertises, informs or otherwise attracts attention. r G. Sign aFeasarea is the sum of the areas of all permitted signs. except directional signs street addresses or safety signs lea stop engine no smoking) Sian area shall be measured as follows: 1. sjgrtFor Sian copy mounted or painted on a background panel or area distinctively painted, textured or constructed -Sign area is the area within the outside dimensions of the background panel or surface. Example Sign Copy Area I- X EME UvF,RS . I : : 2. s+gffFor sign copy consisting of individual letters and/or graphics affixed to a wall or portion of a building, whie= that has not been painted, textured, or otherwise altered to provide a distinctive Page 14 of 4b-d�t�re x;34 November 1.2012 Town of Fountain Hills Zoning Ordinance Chapter 6 background for the sign copy.Sig+g, the sign area is the area within the smallest rectangle that will enclose the sign copy. Example Sign Area 3. For Sign copy mounted or painted on an internally =illuminated sign or internally =illuminated element of a building -.T4 -re, � entire internally -illuminated surface or architectural element, whieh hat contains sign copy; will be counted as sign area. 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 0 Page 15 of 4_6-34 November 1.2012 1752356.1 1752350 H. Town of Fountain Hills Zoning Ordinance Chapter 6 Greater ° o than 45 Up to 45 VO RiN �dhc4 Or k 2 faces 1 face Three dimensional, sculptural or other non -planar signs - Sign area will be the sum of the areas of the vertical faces of the smallest polyhedron that will encompass the sign structure. Example Dimensional Sign Area 5. diFeetienal sigigs, street addFesses EW safety signs (e.g., step . For signs having more than one component (e.g., a service station identification/price sign combination mounted on a common base), the sign area is the area of the rectangle enclosing all components of the sign. Example Fuel Price Sign Area U11pTH J llJ�9 HEIGHT .. II 1:11-L Sign height is defined as follows: 0 Page 16 of ^ ����34 November 1.2012 Town of Fountain Hills Zoning Ordinance Chapter 6 1. Freestanding Sign: Sign height is the distance from the top of the sign structure, to the top of curb of the public road nearest the sign, or to the crown of public road nearest the sign if no curb exists. Example Freestanding Sign Height s-E*47 I .fufm 2. Wall or Fascia Mounted Signs: Sign height is the distance measured from a point perpendicular to the top of the midpoint of the sign structure, to the top of the finished floor of the ground floor level directly below the midpoint of the sign. Example Midpoint of Sign Midpoint of 9gn µE IG IT] I rinished41 1—nea1,.,, 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 snecifica_liv permitted. 6. Billboard signs. 40 7. Non -electrically illuminated signs. Page 17 of ^ X34 November 1.2012 11 752356.1 1752356 8 Town of Fountain Hills Zoning Ordinance Chapter 6 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 h;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. Ne teFnpeF emporary or portable 5ign shall be peFFnitte-65Lqu within the Shea Boulevard right-of-way. 13. t -frame si gnexcept as provided in subsections 6.08(B), 6.08(M) and 6.08(Q), A fraffie signs shall —, be peeffiffi,itted wit the Tewn f C ntamn Hulls Ne_ _ _ • _ :. six menths shall 0' remeved and building,.': er site resteFed t6 its eFiginal state -.L --The source of a sign's illumination shall not be visible from any adjacent residential streets or neighborhoods. MK. No sign shall be erected or placed within any center median or any public sidewalk or bicycle path; unless etheF^fitted. The Town employees may remove any sign located in these areas. Directional signs owned by the Town shall be exempt from th-esethe regulations. set forth in this Chanter. the windews thFebigh whieh they are vis; L. [Reserved]. Page 18 of 46-iune7,34 November 1.2012 1752356 8 Town of Fountain Hills Zoning Ordinance Chapter 6 GM. 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 bseetiem 2 below. Vehicles permitted in �,�naraaranh 6.07(GM)( ) 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 Q_5A 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. 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(GM)(1)-(4) above, signs mounted, attached or painted on trailers, boats, motor vehicles or any moveable object placed on premises to serve as additional advertising signage are prohibited. -PN. Total aggregate sign area may be increased up to 25%, provided the additional area is used to display a Town -provided logo or symbol. •Page 19 of ^�-T••••^' 34 November 1.2012 T; 1942356 1 U= 6 8 Town of Fountain Hills Zoning Ordinance Chapter 6 �w The afea ef text ef a legal neneenfeFffiing Faen R9-111 net, Section 6.98 Signs Allowed or Required Legend: Letters A--GG__-BR indicate the following subsection with additional requirements or clarification asof the sigh listed—hi-the table below. N/A means not allowed. Zonin District Z Commercial Residential/ Open Space Recreation INDUSTRIAL Lodging Plain Contractor Signs F F Total Aggregate Sign Area A A N/A A A A -Frame Sign B 13 {; N/A B B Awning/Canopy Sign C G C C C Banners g _0T C(' 1} -B Civic Organization identification E? I) F Flag E Z N/A 7._ L Plain Contractor Signs F F l F F Directory Signs G O G G G G Electronic MessageCC SS* ent r C(' C -'N/A Event Banners. Balloons and Pennants D I) D Flag I + I I I Freestanding J J N/A I J Fuel Price Signs K .K N/A N/A N/A Future Development Signs L L L L Garage Sale Signs M M M M M Menu Board N N N/A N/A N/A Multi -Tenant Building Identification S� O 9 N/A O O Neon Signs P N/A P P 7 en House Directional Q Q Q N/A Page 20 of ^ 6-x;34 November 1.2012 1 752356. 1 1752356.8 Town of Fountain Hills Zoning Ordinance Chapter 6 Zonin District Commercial Residential/ Open Space Recreation INDUSTRIAL Lodging Signs Political and Ideological Signs R tZ R R R Projecting Signs S s, N/A S S Real Estate Signs T T Shared Monument J N/A J J Sign Walkers BB %,1 N/A N/A Special Event sigf i na g U JJ U U Street Addresses AA A A AA AA AA AA Subdivision Identification Signs J } J J J r Under -Canopy Signs V V N/A V v Wall Signs W 11_ N/A W W Window SignsX �._ N/A X X Window Decorations/Painting (Holiday Themel Y , •_ Y Y Y Shared Monuinefft-Sigits, J J 3 N�A J * 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 Page 21 of 46-dtt*e-7-,34 November 1 2012 1752356.1 1752356_8 Town of Fountain Hills Zoning Ordinance Chapter 6 frontages if the frontages are joined at an angle between forty-five (45) and ninety (90) degrees. the building fFentag en that Building frontages that contain angles of less than forty-five (45) degrees or between ninety (90) and one hundred eighty (180) degrees shall be considered to be one frontage. Multi -story building lineal footage is limited to the ground floor lineal footage measurement except as modified by subsection 6.08(A) (5) below. 2. In all commercial and industrial zoning districts, the total aggregate sign area allocable to any ground floor business having an external business entrance shall not exceed the greater of fifty (50) square feet or two (2) square feet per lineal foot of building frontage, but in no case more than one hundred (100) square feet. 3. In all commercial and industrial zoning districts, any licensed business located above the ground floor in a multi -story building having an external building wall facing a public street shall be permitted exterior signage with a total aggregate sign area not to exceed fifty (50) square feet. A business occupying more than one floor is only allowed a sign on one floor. 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. Page 22 of 46 -de x;34 November 1.2012 1752356.1 11 175235fLE Town of Fountain Hills Zoning Ordinance Chapter 6 2. Businesses or churches permitted to display A -frame signs may display a maximum of one such sign per street frontage.— Such sig-Ri U shall be located in the manner required in paraaranh 6.08(6)(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. A tli .1 in C ti 3ham,-- low. i3_a. On property held in common by members of a property owners' association. eb. On property owned by the business owner's landlord. C. Public street subject to the limitations of 6,08(13)( be ow 3. Location of A -frame signs shall be restricted as follows: a. Such sig -R i n shall not be located on the paved portion of n�public street, a ) sidewalk, or median. b. Such s+gRi n shall not be located within a designated parking or loading area. C. Signs shall not be located in a manner that poses a traffic vision hazard. Signs may not be located within the sight triangle as defined in the Town of Fountain Hills Subdivision Ordinance Section III, Exhibit 16. d. A -Frame signs must be placed at least one (1) foot behind the curb. If no curb is present, signs shall be located at least three (3) feet from the edge of the paved portion of the public right-of-way. No A -Frame signs shall be placed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. 4. No sign may be greater than twenty-four (24) inches wide and thirty-six (36) inches tall. 5. Signs shall be constructed of wrought iron; sheet metal; 1/8 inch thick plastic; or of wood that is at least 3/8 inch thick. No other materials are acceptable. 0 Page 23 of 46-d 34 November 1.2012 19C�T 1752350 Town of Fountain Hills Zoning Ordinance Chapter 6 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. 10. Signs shall p-olly—be displayed enly duj=0ffgUgLwp, 13USiFiess is -- -. 00 a.m. and 12AQ a.m. 11. No A -frame sign is permitted anywhere within the Town of Fountain Hills after December 31, 2013 -.MIA 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 Shall be .,'�.,.•.,,,� ��. 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. A banner- ll alse be ail, wed efb.For a church for up to thirty (30) consecutive days for the purpose of promoting a program or event. Page 24 of e-7;34 November 1.2012 Town of Fountain Hills Zoning Ordinance Chapter 6 2. Banners, balloons and pennants are permitted for events such as special sales events with advance notification to the Town for not more than thFee-(Rwo periods of seven (7) consecutive days per weekmonth. The provisions of thissu bseetien paragraph 6.08(D) (32) shall expire on December 31, 2013-.2D-14- 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. 6. Banners, balloons or pennants shall not be designed to depict any product eetor service that cannot legally availableto all residents e€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. Page 25 of 46 -Jae -7_,34 November 1.2012 Town of Fountain Hills Zoning Ordinance Chapter 6 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. 0 Page 26 of ^^ 6 34 November 1 2012 ]752356.8 Town of Fountain Hills Zoning Ordinance Chapter 6 TYPE OF EVENT SIGN TYPE Banners Balloons & Banners, Pennants Pennants & Balloons 1.12 Hrs during 30 -Days one Day Event Grand Opening w/Permit 2. No Permit Necessary 1.12 Hrs during Chamber Ribbon 30 -Days one Day Event Cutting w/Permit 2. No Permit Necessary 1. 12 Hrs during Change of Business 30 -Days one Day Event Name, Owner or w/Permit 2. No Permit Management Necessary Church Event 30 -days 1.Permit Required w/permit - -wee- f 3I= periods of seven LZ) consecutive as s ays ner mn h Any Type of Event - No Permit Necessary - Town Notification Re uired *Town notification: Prior to the event, the evens U[yCJ11ILCI IIIU,L JUUlllll. ivi icv ova 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: Page 27 of ^e��, 4 November 1.2012 Town of Fountain Hills Zoning Ordinance Chapter 6 1. Said structure must be on arterial streets. 2. Structures shall not be over six feet in height or exceed an area of sixty (60) square feet. 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. fLReserved�j 1. FlagEl4, as defined in SLSare allowed as follows: • Page 28 of ^ -jug , 4 November 1.2012 11 'I5235 G, 1G, 1 1752356 8 Town of Fountain Hills Zoning Ordinance Chapter 6 1. Flags poles shall not exceed the maximum building height allowed in each zoning district and shall be located and constructed that if it should collapse, its reclining length would be contained on the property for which it was installed. 2. Any flag flown in conjunction with the United States or State of Arizona flags shall be flown beneath them. structure; provided however, that one (1) State of Arizona, one 11foreign national flag, -"n one (1) Fountain Hills Unified School District flag me be flown iia addition to the one (1) site E)"ueWF permitted flag. 4. The maximum size of any corporate flags shall not exceed fifteen (15) square feet, with no en-e§jn_qhe 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, trngt to aexceed five (51 total 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. Page 29 of ^6-,�-ju*e-7-,34 November L 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 9. The maximum size of a United States flag, State of Arizona flag or foreign national flag shall be sixty (60) square feet. This limit does not apply to a United States flag or State of Arizona flag flown on a national or state holiday. J. Freestanding signs are allowed as follows: 1. Freestanding signs shall be counted as a portion of the total aggregate sign area except as outlined in subseetmenparagraph 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 Avalid Town business lieen�esLjcen5e, 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 40 Page 30 of1752356.1 ^ ��-�'r34 November 1 2012 1752356 8 Town of Fountain Hills Zoning Ordinance Chapter 6 sign dedicated to the vacating sign district member shall be maintained with a blank panel. 2. District Dissolution: If a sign district is dissolved, the property owner(s) of the business block who were participants in the sign district shall be required to remove the shared monument sign unless. a-}-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 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. a.—Where the sign district contains three to four or fewer businesses, the maximum height of the monument sign shall be six (6) feet. li b—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: L a --Signs may not be placed within the b1i right -of- way,_ bii. Signs must be at least one- hundred- fifty (150) feet away from any other type of monument sign;;-_ 0 Page 31 of 46-j*ffe4;34 November 1.2012 I752'56 8 Town of Fountain Hills Zoning Ordinance Chapter 6 e. Signs must not be placed in a manner whielithaf obstructs the vehicular sight lines and road "clear zones" established by the Town Engineer in accordance with traffic engineering standards. 5. The Zoning Administrator or authorized designee may only -approve the placement of a shared monument • in a manner other than as required by -- Fequest has beeig .: -alteFigative placement, : -- AElffi;1nis1,FateF eF auitheFizeddesignee -. the a special eiFeuimstanee eF eenditien is net self i e1e�naragraph if a variance bas 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 a monument sigR5LqU with the following limitations: 1. -1- Maximum height shall be six (6) feet. Page 32 of X34 November 1.2012 4742356 1 1752356-8 Town of Fountain Hills Zoning Ordinance Chapter 6 2.3-- Maximum area shall be twenty-four (24) square feet. 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: Sign shall not be located within the fright -of -way without an encroachment permit. 2.3 Sign shall not be located so as to obstruct vehicle sight lines and road "clear zones" established by the Town Engineer in accordance with traffic engineering standards. C. Landscaping: 1. Minimum of two (2) square feet of landscape area per one (1) square foot of sign area shall be provided at the base of the sign. 2. 2 -)--Landscaping may be occasionally changed, but shall always be maintained in good condition by the property owner. d. Lighting: -I—)—. 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-j-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. Page 33 of 46-.ltr*e-7_,34 November 1.2012 175 356.1 1752356 8 Town of Fountain Hills Zoning Ordinance Chapter 6 2. One freestanding fuel price sign is allowed per street frontage. 3. Maximum area of twelve (12) square feet per sign. 4. Maximum height of five (5) feet. 5. Minimum area of four (4) square feet of landscaping per one square foot of freestanding sign shall be provided at the base of the freestanding sign. L. Future Development Signs announcing the proposed development of property prior to issuance of a building permit for the purpose of displaying the name of the project, contractors, architect and any additional information pertaining to the site on which the signs are located are allowed in accordance with the following: 1. Maximum size shall not exceed thirty-two (32) square feet. 2. Sign shall not be illuminated. 3. Sign may be double faced. 4. One (1) sign per each street on which the development has frontage. 5. Maximum height shall not exceed €+vesix (-5.6=) 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 e h fir Certificate of Occupancy for a structure on the property. 7. A sign permit must be obtained prior to locating the sign on the site. M. Garage Sale Signs are allowed as follows: 1. Garage sales signs may only be used for garage sales, yard sales and carport sales as outlined in Section 8-3-3 of the Town Code. 2. Garage sale signs must be placed at least one (1) foot behind the curb. If no curb is present, signs shall be located at least three (3) feet from the edge of the paved portion of the public right-of-way. Page 34 of ^ X34 November 1.2012 1752356 8 Town of Fountain Hills Zoning Ordinance Chapter 6 Ne-gaFager sale smi-gff5&rLs 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-ef&-way line(s), as another sign bearing the same or substantially the same message. 5. There shall not be more than five (5) garage sale signs to any destination. 6. Garage sale signs may only be displayed between sunrise and sunset. Signs remaining in public rights-of-way after sunset, or placed in rights-of-way prior to sunrise, shall be subject to confiscation and destruction by the Town. 7. Maximum size shall not exceed four and one-half (4.5) square feet. 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, e -street sign bus shelter or any structure within the public right-of-way. N. Menu Boards orientated to the drive-thi=idhr 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. 0 Page 35 of 46-ju*e-7;34 November 1.2012 175-22s 56.1 1752350 Town of Fountain Hills Zoning Ordinance Chapter 6 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, square feetageapgA er box and LED box sian area will be calculated in addition to total aggregate sign area. 8. Placement of menu boards, speaker boxes and LED boxes must meet the following guidelines: a. Cannot be visible from any public street or alley. b. Must be at least one hundred fifty (150) feet from any residential zoning district or be fslll_ 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: Page 36 of ^6-�j*fl_e_�,34 November 1.2012 1752356.1 1752356 8 Town of Fountain Hills Zoning Ordinance Chapter 6 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. -4-: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 Qnly 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 fivej5 . 3. Maximum area for each sign shall be six (6) square feet. 4. No sign may be greater than twenty-four (24) inches wide and thirty-six (36) inches tall. 5. Signs shall not be illuminated. 6. Sign must contain a directional arrow. 7. Signs shall be placed at least one (1) foot behind the curb. If no curb is present, signs shall be located at least three (3) feet from the edge of the paved portion of the public right-of-way. No sign is allowed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. 8. No sign shall be placed within one hundred fifty (150) linear feet of the Shea Boulevard public right-of-way. 9. Signs must be made by a professional sign company. 10. Signs shall not be located within one hundred (100) linear feet of any sign advertising the same location. 11. Sign placement, other than as described above, may be approved by the Zoning Administrator or authorized designee. Page 37 of ^ _jff„ ,34 November 1.2012 1��«T 1752350 Town of Fountain Hills Zoning Ordinance Chapter 6 :: •t fQr LhAae -areas designated ar, "sign free zones" by the Town Council in accordance with ARIZ, REV. STAIT. � 16-1019(F), as amended, political and ideological signs shall net exeeed the square feetage-14n4tatiens ef the Fespeet !FeaEly peffl9itted in -are permit ed in commercial zoning districts, subject •• the size limitationsof •_• • - • • • but 1• •- . 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 --peon sixteen (16) square feet on any residential lot or parcel eF thirty twe (3,2) square feet en af�y 2. Maximum length shall not exceed six (6) feet. 3. Maximum height shall not exceed four and one-half (4.5) feet. 4. Except as otherwise; permitted by State Law, no such sign or portion of the sign may be located in or project into a public right-of-way. Political signs ballet and shall be removed within fifteen (15) days after sa+dt_h_e 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. Page 38 of ^ c34 November 1 2012 1,521 56. .1 1752356 8 Town of Fountain Hills Zoning Ordinance Chapter 6 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 apnroved by the Town Engineer and the Town Attorney. T. Real Estate Signs are allowed as follows and are exempt from the total aggregate signage: 1. Real estate signs may only advertise the sale, leasing or renting of a building, dwelling, suite, property, or other forms of real estate. 2. Real estate signs must be non -illuminated. 3. Maximum sign area of six (6) square feet. 4. Maximum height of five (5) feet. 5. Signs must be made by a professional sign company. 6. No A -Frame signs allowed. 7. Signs may only be placed on property that is for sale, lease or rent. 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. Page 39 of 46 -die -7-,34 November 12012 1752356 8 Town of Fountain Hills Zoning Ordinance Chapter 6 3. The regulations in this chapter may be waived by the Town Council for special event sign placement, size, and timing. V. Under -Canopy Signs are allowed as a part of a comprehensive sign plan and must meet the following requirements: 1. All under -canopy signs require written property owner and Town approval prior to installation. 2. Each business may be allowed one double-faced non -illuminated sign installed under an overhanging canopy or fascia perpendicular to the front of the tenant's front wall space. 3. Maximum sign width shall not exceed twenty-four (24) inches. 4. Maximum sign height shall not exceed twelve (12) inches. 5. Minimum clearance shall be not less than eight (8) feet six (6) inches from the bottom of the sign to the sidewalk or surface beneath the sign. 6. In no case shall any object, banner, sign or other material be attached to, or hung from the sign. 7. No under -canopy sign shall be mounted in a manner that will impede pedestrian or vehicular visibility or create any hazard. 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: Page 40 of ^ `�-iune-7;34 November 1.2012 1 901 1752356.8 Town of Fountain Hills Zoning Ordinance Chapter 6 1. One square foot per each lineal foot of building frontage. Frontage is determined by the measurement of the portion of the building facing the street not to exceed aggregate square footage allowed. Corner buildings may include two street frontages if the frontages are joined at an angle between forty-five (45) and ninety (90) degrees. However, the total sign area that is oriented toward a particular street may not exceed 125% of the portion of the lot's total sign area allocation that is derived from the building frontage on that street. Building frontages that contain angles of less than forty-five (45) degrees or between ninety (90) and one hundred eighty (180) degrees shall be considered to be one frontage. 2. Sign area must allow a minimum two (2) foot border from edge of the building or suite frontage, or a minimum two (2) foot separation between signs, whichever is less. 3. Each wall sign may project no more than twelve (12) inches from the surface of the wall to which it is attached. 4. Reverse pan channel letter with halo illumination must not exceed a one and three-quarter (1.75) inch separation from the wall. 5. In the C-2, C-3, and TCCD zoning districts, a secondary entrance wall sign is allowed in addition to total aggregate sign area if the following criteria are met: 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. Wind this Zoning Ordinance__�M 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. is Page 41 of ^ 6-juile 7-,l November 1.2012 1 752356. 1 1752356.8 Town of Fountain Hills Zoning Ordinance Chapter 6 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�o including but not limited to, name of business, logo;[ sale language 6.02- 4. .02_ 4. Sign permit is not required. Z. Comprehensive Sign Plans shall meet all sign criteria of the Town. The following elements are required for approval: 1. Name, address and phone number of property owner or designee. 2. Written text clearly outlining the sign plan to include all suites, offices or other leased/leasable space. 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). S. Allocation chart showing allowable square footage for each suite, office or space number. Page 42 of ^ 6�-ju*e-7-,34 November 1.2012 t 75-2 S Gam. 1 ID356.8 Town of Fountain Hills Zoning Ordinance Chapter 6 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 vvhiehtthat 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 distr-iet i ri only, subject to the following time, place and manner limitations: 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 notor place tents, temporary umbrellas, chairs Q[ stools anywhere within the public right-Qf-way or adjaCent property— Sign •p' 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. 3-.4 Sign walkers shall not obstruct the free movement of pedestrians on sidewalks. 4� Sign walkers are not allowed in the medians of public or private streets. 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. ® Page 43 of ^^ X34 November 1.2012 19.E 2356. 1G.1 1752MU Town of Fountain Hills Zoning Ordinance Chapter 6 LLZCCC. Electronic Message Center: Signs: Any sigR with intermittent, scrolling or flashing illumination, including electronic message center signs. Sueh t are permitted in Commercial and Industrial zoning districts only; e; provided, however. tha churches e�� schools may display such sians in residential districts;. All electronic message center sians are subject to the following: 1. 1. Signs must be on-site. —2—There shall be no moving or flashing green or red features wh+ehthat could be mistaken as traffic s+gna+scontrol devices. -3—.-3—Intermittent Changes: aaAny changes to the face or copy of the sign must have a minimum of eight (8) second interval between changes. b�—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. is Page 44 of 46-dufle 7;34 November 1. 2012 Document comparison by Workshare Compare on Tuesday, October 02, 2012 q -11•d1 PAA Input: Document 1 ID interwovenSite://GRPHX_SQL/Phoenix/1752356/1 Description #1752356v1 <Phoenix> - CODE - ZO CH 6 Sign Regulations v1 (BRodgers 6.7.12) Document 2 ID interwovenSite://GRPHX_SQL/Phoenix/1752356/8 Description #1752356v8<Phoenix> - CODE - ZO CH 6 Sign Regulations v8 (AJM 10/1/12) Rendering set Standard Legend: Style change Format change Ilnserted cell I I Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 235 Deletions 363 Moved from 8 Moved to 8 Style change 0 Format changed 0 Total changes 614 L TOWN OF FOUNTAIN HILLS MINUTES OF THE REGULAR SESSION OF THE PLANNING & ZONING COMMISSION JULY 12, 2012 Chairman Lloyd Pew opened the session of the Planning and Zoning Commission at 6:31 p.m. The following Commissioners were present: Chairman Lloyd Pew, Vice -Chairman Angela Strohan, Commissioners Stan Connick, Richard Turner, Mike Archambault and Gene Slechta, [and one open Commissioner's seat]. Also in attendance were Paul Mood, Director of Development Services, Robert Rodgers Senior Planner, and Janice Baxter Executive Assistant and Recorder of the Minutes. Emails were forwarded to the Planning and Zoning Commissioners for their consideration. Please refer to Exhibits "A" and "B" attached. Chairman Lloyd Pew requested participation in the Pledge of Allegiance and a moment of silent reflection. ROLL CALL: Chairman Lloyd Pew Commissioner Stan Connick Commissioner Mike Archambault Commissioner Angela Strohan Commissioner Richard Turner Commissioner Gene Slechta One Open Seat CALL TO THE PUBLIC No one wished to speak. present present present present present present REGULAR AGENDA AGENDA ITEM #1 — CONSIDERATION of APPROVING the Regular Session meeting minutes of the Planning and Zoning Commission from Thursday, JUNE 28, 2012. Commissioner Gene Slechta MOVED to APPROVE the regular session meeting minutes for the Planning and Zoning Commission dated June 28, 2012. Commissioner Stan Connick SECONDED. A roll call was taken and the MOTION CARRIED 5 ayes and 1 abstained), by those present. Commissioner Richard Tumer Chairman Lloyd Pew Commissioner Stan Connick Commissioner Angela Strohan Commissioner Gene Slechta Commissioner Mike Archambault Page l of 13 aye aye aye aye aye abstained AGENDA ITEM #2 — PUBLIC HEARING to receive comments on a text amendment to Chapter 6 Signs of the Zoning Ordinance of the Town of Fountain Hills. If adopted, the amendment revises large portions of the Town's regulations regarding commercial signage. Case Number Z2012-01; Ordinance Number 2012-01 and Resolution Number 2012-20. Robert Rodgers Senior Planner gave the presentation and included a PowerPoint Presentation. [See Exhibit "D] In instances where the committee has recommended a proposed amendment that staff disagrees with, it has been noted and will be explained further under the Staff Recommendations section of this report. The sections being amended are as follows: Section 6.03 - Department name change to Development Services. - Add that a sliding plexi-glass face change doesn't need a permit. - Take out Section B that is a hold-over from the distant past. The town does not issue stickers for signs any more, except for A-Frames. Section 6.04 - Delete Section C because it is a redundancy. The two previous sections say the same thing. Section 6.05 - Town Council recently adopted a revised penalty section into the Town Code which allows for criminal penalties in some cases of multiple and repeated code violations. This change just makes this section consistent with that. Section 6.07.E - This is to make it consistent with the proposed changes to the A-Frame section. Section 6.07.1.4 - This change is being made to make this section consistent with a new section being proposed regarding Electronic Message Signs. (See Staff recommendations below) Section 6.07.1.5 - This change makes this section consistent with the definitions of these types of signs as well as some later sections of the ordinance. Section 6.07.1.9 - Deleted because it is now covered by section 5. Section 6.07.J - Clarification that ALL signs don't necessarily have to be re-done. Only the signs that don't meet the regulations. Section 6.07. M - This amendment is to keep this section consistent with some later sections. Mr. Rodgers focused on the following sections since the previous revisions are mostly administrative changes. Section 6.08 - Index Table amended to reflect the changes within the ordinance. The changes include re-numbering, including new sections as well as a few previously missing sections, and re-organizing the index. Section 6.08.6 A-Frame Signs Proposed changes to the A-Frame regulations are: Allow businesses which front on more than one street to have more than one A-Frame. (1 per street front) Rather than only 1 sign each as it is now. Allow A-Frame signs to be placed within the public right-of-way directly in front of the business within 1' of the curb. Delete the section that says A-Frame signs can't be used for directional purposes. (The "no arrow" clause) Remove the text area limitation since the sign's size already limits what can be on it. Page 2 of 13 Require A -Frame signs with attachments like balloons to be 3' back from the curb. Change the sunset clause date to reflect the Town Council's last extension. Section 6.08.D Event Banners Proposed changes to the Banner regulations are: - Allowing Grand Opening banners to be up for 30 days rather than 14. - Delete Section 2 to reflect actual practice. The displays generally stay up for the duration of the event and are rarely taken in at the end of each day and brought out again the following morning. - A clarification that the measurement of a balloon's height is from the ground, not from the top of the sign. - Allow event displays for 3 days per week rather than the current allowance of 3 days (60 hours) per month. (See Staff recommendations below) - Section 6.08.D Banners Staff does not support allowing banners to be erected for three days per week every week Staff feels that such a regulation change will lead to excessive sign clutter. Staff also believes that the three-day/week limit would become virtually unenforceable. Staff recommends that the recommendation to allow banners to be displayed three -days per week be denied. Section 6.08.F Contractor Signs This change would allow contractors to put up a banner instead of a hard sign when they are working on site. (See Staff recommendations below) - Section 6.08.F Contractor Sians Staff does not support allowing contractors to put up banners instead of a hard signs when they are working on site Staff has had no requests from contractors for this amendment and we believe that such a change will lead to visual clutter, especially in residential neighborhoods Staff recommends that this amendment be denied. Section 6.08.J Freestanding Signs The changes make this section consistent with the rest of the ordinance which was changed in 2009. New Sub -Sections 7 and 8 are being added. These are sections that were previously stand-alone sections CC and EE but the review committee feels that they are variations of freestanding signs and so should be moved to this Section J to make things simpler for new businesses looking for information. The contents of these sections are not changing. Section 6.08.M Garage Sale Signs The amendments to this section are designed to make them consistent with the A -Frame regulations being proposed. The committee felt that a maximum size is sufficient and that a Minimum size was not necessary. The section adds corrugated plastic as an alternative material as well. Section 6.08.P Neon Signs Allow neon signs to be used for any signage rather than just OPEN signs or company logos in storefront windows. (See Staff recommendations below) Page 3 of 13 Section 6.08.P Neon Signs The current ordinance allows neon signs to be used as OPEN signs or company logos in storefront windows only Staff does not support the amendment to allow for increased neon signage for any type of sign Staff feels that such signage is not in keeping with the southwestern style of commercial development that is encouraged through Concept Plan Review and Architectural Design Review. Staff recommends that this amendment be denied. Section 6 08 Q Open House Directional Signs The changes will make this section consistent with the Real Estate Sign, the A -Frame Sign, and Garage Sale Sign sections of the ordinance. The committee also thought that limiting the size of the sign is sufficient and that limiting the text area was not necessary. The committee is proposing removing the spacing requirement from street corners when signs don't present a safety hazard. However the signs may not be clumped all together. Section 6 08 R Political & Ideological Signs These changes are being made to bring the Political Signs are going to be bigger and ways. Town's ordinance into conformance with State law. must now be permitted to be in the public right -of - Section 6.08.S Projecting Signs The current ordinance effectively blocks most uses of these sign types. The proposed changes relax the rules and will allow for these signs to be used more often when appropriate. Section 6.08.T Real Estate Signs Real estate signs by their nature are "portable". This section is proposed to be modified to clarify that they may not be A -Frames Signs. Section 6.08,V Temporary Signs (Section Deleted) The committee feels that this section is redundant since the rules for the various types of "temporary" signs are already outlined in other sections. Section 6 08.AA Lodging District Signs (Section Deleted) This section is deleted because the committee feels that Lodging districts require signage just like other commercial developments. Restricting these areas to only one freestanding sign was felt to be too prohibitive. Section 6 08 BB Comprehensive Sign Plans (Section moved to 6.082) The change is simply a re -numbering of the section. Section 6 08.CC Shared Monument Signs (Section moved to 6.08.J) As noted earlier, this section is proposed to be moved to 6.08.J.7 but not changed. Section 6.08.DD Street Addresses (Section moved to become new 6.08.AA) The change is simply a re -numbering of the section. Section 6 08 EE Subdivision Identification Signs (Section moved to 6.08.J) As noted earlier, this section is proposed to be moved to 6.08.J.8 but not changed. Section 6.08.FF Sign Walkers (Section moved to become new 6.08.1313) The committee proposal is to allow sign walkers any day of the week rather than only on Fridays and Saturdays. (See Staff recommendations below) Page 4 of 13 Oq 14, Section 6.08.FF Sign Walkers Staff does not support the proposal to allow Sign Walkers to be out any day of the week. The current ordinance allows Sign Walkers to be out only on Fridays and SaturdaVs. Staff recommends modifying this proposal to allow Sign Walkers to be out only on Fridays Saturdays and Sundays, thereby allowing them the full weekend. Section 6.08.CC Electronic Message Signs (New Section) Currently these types of signs are not allowed except for use by Churches and Schools. The committee is recommending that Electronic Message Signs be allowed for commercial and industrial uses as well under these listed conditions: o Electronic Message Signs must be on-site. o Electronic Message Signs may not resemble traffic signals. o Flashing or changing text or graphics must stop at 10:00 PM o To reduce night-time glare, after 10:00 PM the background colors must be darker than the text. (See Staff recommendations below) Section 6.07.1.4 and Section 6.08. CC Electronic Message Signs Currently only Schools and Churches are permitted to use these types of signs. Staff does not support the proposal to allow Electronic Message Signs for commercial and industrial uses. Staff's objections to this type of signage are similar to our objections to Neon Signs and relate to the cumulative effects on the visual character of the town. Staff recommends that this amendment be denied. Staff wishes it to be clear to the business community as well as the general public that upon a decision by the Town Council regarding this proposal, staff will strictly enforce the ordinance in whatever form it is ultimately adopted or remains. Public Hearing Opened at 6:46 p.m. Ronnie Sells owner of Spike's Treats; Plaza Fountainside Merchants Association and member of the Town Council Sign Ordinance Review Committee spoke in favor of the subcommittee's proposed amended sign ordinance. Doug Warn new property owner in Fountain Hills spoke in favor of limiting signage and lighting and encouraged the town to maintain its integrity. Frank Farrera CEO Town of Fountain Hills Chamber of Commerce spoke in favor of the subcommittee's proposed amended sign ordinance. Mr. Farrera thanked the subcommittee and staff for all their work on this ordinance. James Carpentier on behalf of the Arizona International Sign Association & Arizona Sign Industry submitted suggestions to the proposed sign ordinance. [See Exhibit "E] Sherry Sledge, owner of Body Works for Health Center of Fountain Hills for 14 years, and had served on two "Sign Subcommittees" spoke in favor of A -frame signs and in support of building up the business community. PJ Britt, owner of "Just Bead It" shop in town, spoke in favor of A -frame signs. Sal Ripoli previous sign committee member and owner of Fontana Hair in Fountain Hills spoke in favor of the sign ordinance as recommended by the Sign Review Committee. Page 5 of 13 Audrie Ovellette, owner of "Little Caesars Pizza" on Palisades Boulevard, supported the sign ordinance as proposed and supported allowing sign walkers during the week. Public Hearing Closed at 7:00 p.m. AGENDA ITEM #3 — CONSIDERATION of a TEXT AMENDMENT to Chapter 6. Signs of the Zoning Ordinance of the Town of Fountain Hills. If adopted, the amendment revises large portions of the Town's regulations regarding commercial signage. Case Number Z2012-01; Ordinance Number 2012-01 and Resolution Number 2012-20. Chairman Lloyd Pew proposed to make a motion and if seconded, each item will be opened separately for comments and discussion. Chairman Lloyd Pew made a MOTION to forward a recommendation to the Town Council to APPROVE the text amendments to the Zoning Ordinance, Chapter 6, "Signs" as presented with the amendments recommended by staff. Vice -Chairman Angela Strohan SECONDED. Chairman Lloyd Pew requested any comments and open discussions on this item from the Commissioners. Section 6.03 - Department name change to Development Services. - Add that a sliding plexi -glass face change doesn't need a permit. - Take out Section B that is a hold -over from the distant past. The town does not issue stickers for signs any more, except for A -Frames. — NO COMMENTS/NO QUESTIONS Section 6.04 - Delete Section C because it is a redundancy. The two previous sections say the same thing. NO COMMENTS/NO QUESTIONS Section 6.05 - Town Council recently adopted a revised penalty section into the Town Code which allows for criminal penalties in some cases of multiple and repeated code violations. This change just makes this section consistent with that. Commissioner Gene Slechta stated he proposed an increase in the penalty amounts because businesses continue to be a "signage" enforcement issue due to and their lack of compliance. An increase in the cost of violations would hopefully give businesses an incentive to comply with the Town's Zoning Ordinance. Commissioner Slechta pointed out the our town has one of the most lenient rules compared to most of the valley municipalities, so Commissioner Slechta was proposing stiffer penalties. Vice -Chairman Angela Strohan asked Mr. Rodgers how the Town Council wished to proceed with this issue. Mr. Rodgers answered that as of this date, the Town Council understood that staff was not enforcing the sign ordinance unless the violation became a safety hazard. Mr. Rodgers added that when this issue comes to the Town Council at public hearing, staff will recommend that all citizens and businesses understand that the Zoning Ordinance would be enforced. Commissioner Richard Turner asked if staff would be proactive in its enforcement. Mr. Rodgers answered that not at first. Safety issues would be handled first and then staff would proactively enforce the ordinance as time and resources permits. Commissioner Richard Turner asked what the penalties were currently. Mr. Rodgers answered that there was a three step process that began at $25.00, then $50.00 and the last step in this penalty phase was $100.00. Page 6 of 13 Commissioner Gene Slechta pointed out that approximately 4 -years ago the Town created a sign committee made up of mostly business owners. Commissioner Slechta continued that several changes were made to the ordinance and still there was only 10% compliance with the business owners. Commissioner Slechta noted that Town Council has made a plea to the business owners to come into compliance so the sunset clause could possibly be eliminated. The Town Council's request still was not heard with 85% of businesses in Town out of compliance. Commissioner Slechta pressed that more teeth needed to be placed in the penalty phase of this ordinance. Commissioner Gene Slechta made a MOTION to amend section 6.05 and increase the penalties to 10 times the current amounts; confiscate repeat violator's signs; charge business owners for Town staff time and if there are more than three violations in one year consider cancelling or suspending the violator's businesses license. Chairman Lloyd Pew asked if any Commissioner were going to Second. No second was made so the MOTION died for lack of a second. Commissioner Mike Archambault made a MOTION to increase the penalties as follows: Current first offense $25.00 increased to $100.00 Current 2"d offense $50.00 increased to $500.00 Current 3`d offense $100.00 increased to $700.00 Commissioner Gene Slechta SECONDED the MOTION. The MOTION passed 5-1, with Chairman Lloyd Pew voting nay. Vice -Chairman Angela Strohan aye Commissioner Gene Slechta aye Commissioner Richard Turner aye Commissioner Mike Archambault aye Commissioner Stan Connick aye Chairman Lloyd Pew nay Section 6.07.F - This is to make it consistent with the proposed changes to the A -Frame section. NO COMMENTS/NO QUESTIONS Section 6.07.1.4 - This change is being made to make this section consistent with a new section being proposed regarding Electronic Message Signs. (See Staff recommendations below) Commissioner Gene Slechta stated that he believed there was a role for electronic signage and would like to remove this item and take more time to address the use of these signs at a later date. Chairman Pew stated that staff has already given their recommendations and if followed, nothing more needed to be done at this time. Chairman Pew pointed out there was a motion on the table. Vice -Chairman Strohan asked about the electronic message sign at the athletic club on Saguaro Boulevard and if there had been any fines imposed. Robert Rodgers answered that staff has not been enforcing the sign ordinance. Vice -Chairman Strohan asked if that sign would be grandfathered and Mr. Rodgers stated no because it was not built according to its permit. Mr. Rodgers added that staff was waiting for the outcome of this ordinance. Commissioner Gene Slechta stated that the difference between his stance and staff's was that he felt there was a place in our town for these signs and staff did not. Commissioner Slechta agreed the staff recommendation should stand but wished to have this issue discussed at a later date. Page 7 of B Section 6.07.1.5 - This change makes this section consistent with the definitions of these types of signs as well as some later sections of the ordinance. Mr. Rodgers stated that this item would be eliminated if 6.07.1. 4 passed because 6.07.1.4 and 6.07.1.5 are integrated. Section 6.07.1.9 - Deleted because it is now covered by section 5. NO COMMENTS/NO QUESTIONS Section 6.07.J - Clarification that ALL signs don't necessarily have to be re -done. Only the signs that don't meet the regulations. NO COMMENTS/NO QUESTIONS Section 6.07.M - This amendment is to keep this section consistent with some later sections. NO COMMENTS/NO QUESTIONS Section 6.08 - Index Table amended to reflect the changes within the ordinance. The changes include re -numbering, including new sections as well as a few previously missing sections, and re -organizing the index. NO COMMENTS/NO QUESTIONS Section 6.08.13 A -Frame Signs Proposed changes to the A -Frame regulations are: Allow businesses which front on more than one street to have more than one A -Frame. (1 per street front) rather than only 1 sign each as it is now. Allow A -Frame signs to be placed within the public right-of-way directly in front of the business within 1' of the curb. Delete the section that says A -Frame signs can't be used for directional purposes. (The "no arrow" clause) Remove the text area limitation since the sign's size already limits what can be on it. Require A -Frame signs with attachments like balloons to be 3' back from the curb. Section 6.08.D Banners Staff does not support allowing banners to be erected for three days per week, every week. Staff feels that such a regulation change will lead to excessive sign clutter. Staff also believes that the three-dayAveek limit would become virtually unenforceable. Staff recommends that the recommendation to allow banners to be displayed three -days per week be denied. Commissioner Mike Archambault made a MOTION to add the following language to Section 6,08.D Banners as follows: Attachments to signs will be limited to balloons no higher than 6' from the ground and if attachments are used the A -Frame must be set -back so as not to impede pedestrian or motor traffic for a minimum of 3'. Commissioner Gene Slechta SECONDED. The MOTION FAILED with a vote of 3-3. Roll call vote was taken as follows: Vice -Chairman Angela Strohan nay Commissioner Stan Connick aye Commissioner Gene Slechta aye Commissioner Richard Turner nay Chairman Lloyd Pew nay Commissioner Mike Archambault aye Change the sunset clause date to reflect the Town Council's last extension Commissioner Gene Slechta commented on A -Frame signs being placed within the public right- of-way directly in front of the business within i' of the curb. Commissioner Slechta believed that A -Frames should only be allowed in the downtown area as defined in the Area Specific Plan approved by Town Council and located in the part of the community that was walkable and where A -Frame signs are most effective. Commissioner Slechta added that by restricting A -Frames to Page 8 of 13 the downtown area it would reduce possible drivers' distraction on the road. Commissioner Slechta stated that by only allowing A -Frames in the downtown area it would remove the tacky signs from our Town's gateway, which is Saguaro Boulevard because first impressions from our visitors are very important. Commissioner Slechta expressed that A -Frames were very valuable to the business community but should be restricted to the downtown area. Chairman Lloyd Pew replied that he believes A -Frame signs are very valuable to drivers' and are seen as they drive by. Commissioner Gene Slechta made a MOTION to amend section 6.08.8 to restrict A -Frame signs to the downtown area as defined in the Area Specific Plan. Commissioner Mike Archambault SECONDED and the MOTION FAILED 2-4, as follows: Chairman Lloyd Pew nay Vice -Chairman Angela Strohan nay Commissioner Mike Archambault aye Commissioner Richard Turner nay Commissioner Gene Slechta aye Commission Stan Connick nay Commissioner Gene Slechta stated he opposed the signage at 3' from curb where balloons could blow into the road and be a distraction and a safety issue. It would also be almost impossible to enforce by staff. Commissioner Slechta made a MOTION that 6.088.5 A -Frames with balloons attached could not be in the public right-of-way. No Commissioners SECONDED and the MOTION DIED for lack of second. Commissioner Richard Turner asked Mr. Rodgers if the Town Attorney had reviewed this document. Mr. Rodgers answered that the Town Attorney was in the process of reviewing and the document would be returned by Mr. McGuire before the Town Council hearing. Commissioner Turner asked if the Town Attorney had issues with the right-of-way placement of A -Frames and Mr. Rodgers answered that the Attorney had noted in the past that he did have issues with the liability of signage in the right-of-way. Commissioner Mike Archambault stated that he had completed much research on A -Frame including documents located within Town Hall and his research found that A -Frames were not designed for vehicle traffic but for walking traffic. Commissioner Archambault stated that the temporary signage definition of A -Frames does not meet the criteria for names of businesses and phone numbers. Commissioner Archambault referenced documents he found that talked about the Town responsibility to move traffic through town and the impression and responsibility the town had on making a good first impression. It was then that the business' responsibility was to promote their business within the town. Commissioner Mike Archambault pointed out the definition listed for A -Frame signs in the current Zoning Ordinance. 6.08.4 as stated (A -frame signs shall be for promotional purposes only, which means that the sign shall serve to stir interest in a business product or special event at the business but shall not serve to provide directions to the businessl. Commissioner Archambault stated he could not support A -Frames in the right-of-way. Chairman Lloyd Pew referenced a hair salon located back away from the road and how an A - Frame would benefit that business. Commissioner Mike Archambault could support A -Frames located in the downtown right-of-way area only to help those businesses in such areas. Commissioner Slechta discussed the hours that A -Frames are proposed to be displayed. Current ordinance allows display between the hours of 7:00 a.m. until 9:00 p.m. The Sign Committee has Page 9 of 13 proposed to allow these sign to be displayed during their business hours. Commissioner Slechta noted possible complications with this proposal and especially, for the enforcement of this amendment. Commissioner Archambault pointed out the self-service car wash which is open 24 - hours, but is not manned. He continued to state that with this proposed amendment, this car wash would be in compliance with an A -Frame in the right-of-way 24/7. Section 6.08.D Event Banners Proposed changes to the Banner regulations are: Allowing Grand Opening banners to be up for 30 days rather than 14. Delete Section 2 to reflect actual practice. The displays generally stay up for the duration of the event and are rarely taken in at the end of each day and brought out again the following morning. A clarification that the measurement of a balloon's height is from the ground, not from the top of the sign. Allow event displays for 3 days per week rather than the current allowance of 3 days (60 hours) per month. Vice -Chairman Strohan asked why the Grand Opening banners are proposed to be allowed for 30 -days. Mr. Rodgers explained that the businesses would like to place their banners two -weeks before and two -weeks after a grand opening. Also, it brings this section in line with churches which are allowed to have banners up for 30 -days. Commissioner Turner asked Mr. Rodgers if under this new ordinance if tear -drop banners would be allowed. Mr. Rodgers answered that only during some special events. Section 6.08.F Contractor Signs This change would allow contractors to put up a banner instead of a hard sign when they are working on site. (See Staff recommendations below) Staff does not support allowing contractors to put up banners instead of a hard signs when they are working on site. Staff has had no requests from contractors for this amendment and we believe that such a change will lead to visual clutter, especially in residential neighborhoods. Staff recommends that this amendment be denied. Commissioner Archambault asks why banner was added to the contractor allowed signs. Mr. Rodgers answered that banners were cheaper to have made and faster to put up. Commissioner Turner pointed out that during his review of sign ordinances in other towns they do allow banners to be used by contractors. Vice -Chairman Strohan expressed her concern for the appearances of these banners such as ripping and weather damage. Vice -Chairman asked who would be tracking these signs and Vice -Chairman Strohan pointed out that wooden signs are less likely to deteriorate. Commissioner Connick stated that banners were appropriate when incorporated on fences and he supported this amendment. Chairman Lloyd Pew requested verification that any contractor could place signage including a day or week or longer contractor working at a residence in town. Mr. Rodgers stated that that was correct. Commissioner Stan Connick made a MOTION to allow contractors to place their banners on property under construction. Commissioner Richard Turner SECONDED the MOTION and passed 4-2, with Vice -Chairman Strohan and Commissioner Archambault casting the nay votes. Page 10 of 13 • Section 6.08.J Freestanding Signs The changes make this section consistent with the rest of the ordinance which was changed in 2009. NO COMMENTSMO QUESTIONS New Sub -Sections 7 and 8 are being added. These are sections that were previously stand-alone sections CC and EE but the review committee feels that they are variations of freestanding signs and so should be moved to this Section J to make things simpler for new businesses looking for information. The contents of these sections are not changing. Section 6.08.M Garage Sale Signs The amendments to this section are designed to make them consistent with the A -Frame regulations being proposed. The committee felt that a maximum size is sufficient and that a Minimum size was not necessary. The section adds corrugated plastic as an alternative material as well. NO COMMENTSINO QUESTIONS Section 6.08.P Neon Signs Allow neon signs to be used for any signage rather than just OPEN signs or company logos in storefront windows. (See Staff recommendations below) Section 6.08.P Neon Signs The current ordinance allows neon signs to be used as OPEN signs or company logos in storefront windows only. Staff does not support the amendment to allow for increased neon signage, for any type of sign. Staff feels that such signage is not in keeping with the southwestern style of commercial development that is encouraged through Concept Plan Review and Architectural Design Review. Staff recommends that this amendment be denied. Staff would leave P-1 in place as currently exists. NO COMMENTS/NO QUESTIONS Section 6 08 0 Open House Directional Signs The changes will make this section consistent with the Real Estate Sign, the A -Frame Sign, and Garage Sale Sign sections of the ordinance. The committee also thought that limiting the size of the sign is sufficient and that limiting the text area was not necessary. The committee is proposing removing the spacing requirement from street corners when signs don't present a safety hazard. However the signs may not be clumped all together. NO COMMENTSINO QUESTIONS Section 6 08 R Political & Ideological Signs These changes are being made to bring the Town's ordinance into conformance with State law. Political Signs are going to be bigger and must now be permitted to be in the public right-of- ways. NO COMMENTSINO QUESTIONS Section 6.08.S Projectin Sq igns The current ordinance effectively blocks most uses of these sign types. The proposed changes relax the rules and will allow for these signs to be used more often when appropriate. NO COMMENTSINO QUESTIONS Section 6.083 Real Estate Signs Real estate signs by their nature are '-portable". This section is proposed to be modified to clarify that they may not be A -Frames Signs. NO COMMENTSINO QUESTIONS Section 6 08 V Temporary Signs (Section Deleted) The committee feels that this section is redundant since the rules for the various types of "temporary" signs are already outlined in other sections. NO COMMENTSINO QUESTIONS Page I I of 13 Section 6 08.AA Lodging District Signs (Section Deleted) This section is deleted because the committee feels that Lodging districts require signage just like other commercial developments. Restricting these areas to only one freestanding sign was felt to be too prohibitive. NO COMMENTS/NO QUESTIONS Section 6 08 BB Comprehensive Sign Plans (Section moved to 6.08.2) The change is simply a re -numbering of the section. NO COMMENTS/NO QUESTIONS Section 6 08.CC Shared Monument Signs (Section moved to 6.08.J) As noted earlier, this section is proposed to be moved to 6.08.J.7 but not changed. NO COMMENTS/NO QUESTIONS Section 6.08.DD Street Addresses (Section moved to become new 6.08.AA) The change is simply a re -numbering of the section. NO COMMENTSINO QUESTIONS Section 6 08 EE Subdivision Identification Signs (Section moved to 6.08.J) As noted earlier, this section is proposed to be moved to 6.08.J.8 but not changed. NO COMMENTS/NO QUESTIONS Section 6.08.FF Sign Walkers (Section moved to become new 6.08.136) The committee proposal is to allow sign walkers any day of the week rather than only on Fridays and Saturdays. (See Staff recommendations below) Section 6.08.FF Sign Walkers e Staff does not support the proposal to allow Sign Walkers to be out any day of the week. The current ordinance allows Sign Walkers to be out only on Fridays and Saturdays. Staff recommends modifying this proposal to allow Sign Walkers to be out only on Fridays, Saturdays, and Sundays, thereby allowing them the full weekend. NO COMMENTSINO QUESTIONS Section 6.08 CC Electronic Message Signs (New Section) Currently these types of signs are not allowed except for use by Churches and Schools. The committee is recommending that Electronic Message Signs be allowed for commercial and industrial uses as well under these listed conditions: o Electronic Message Signs must be on-site. o Electronic Message Signs may not resemble traffic signals. o Flashing or changing text or graphics must stop at 10:00 PM o To reduce night-time glare, after 10:00 PM the background colors must be darker than the text. Commissioner Gene Slechta would like this item to be discussed since staff has recommended continuing to not allow these signs because he believed there is a place for these signs within the community. Chairman Lloyd Pew answered that this ordinance as discussed should be addressed before a new committee was formed to discuss this issue. Chairman stated that this issue could be added to the list of future items to be discussed. Chairman Lloyd Pew restated the MOTION to forward a recommendation to the Town Council to APPROVE the text amendments to the Zoning Ordinance, Chapter 6, Signs as presented with the amendments recommended by staff, subject to the following changes: 1. Increased penalty amounts for the fines. Page 12 of 13 A 2. To allow Contractor's banners. The MOTION passed 5-1, with Commissioner Gene Slechta casting the nay vote. AGENDA ITEM #4 — COMMISSION DISC USSIONIREQUEST FOR RESEARCH to staff. Items listed below are related only to the propriety of (i) placing such items on a future agenda for action or (ii) directing staff to conduct further research and report back to the commission. NONE AGENDA ITEM #5- SUMMARY OF COMMISSION REQUEST from Senior Planner. NONE AGENDA ITEM #6 — REPORT from Senior Planner, Planning and Zoning Division of Development Services. Mr. Rodgers reminded the Commissioners whose terms expire on September 30, 2012, to submit their reappointment applications or let Janice Baxter know if they chose not to submit for reappointment by August 20, 2012. AGENDA ITEM #11 - ADJOURNMENT. Commissioner Richard Turner MOVED to adjourn and Vice -Chairman Angela Strohan SECONDED and the MOTION CARRIED (6-0), by those present. Chairman Lloyd Pew Vice -Chairman Angela Strohan Commissioner Stan Connick Commissioner Richard Turner Commissioner Gene Slechta Commissioner Mike Archambault The regular meeting ADJOURNED at 7:55 P.M. FOUNTAIN HILLS PLANNING & ZONING COMMISSION BY: 1 Chairman Lloyd E. Pew CERTIFICATION aye aye aye aye aye aye ATTEST: Janice axter, ecorder I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 12`h day of July 2012, in the Town Council Chambers. I further certify that the meeting was duly called and that a quorum was present. Dated this 12'hday of July 2012. Page 13 of 13 Janice Bax er, Recorder