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HomeMy WebLinkAboutPZ.2012.0712.MinutesTOWN 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 Turner Chairman Lloyd Pew Commissioner Stan Connick Commissioner Angela Strohan Commissioner Gene Slechta Commissioner Mike Archambault Page 1 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 S% . 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 allowinq 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 Signs Staff does not sunport allowina contractors to out un banners instead of a hard signs when they are workinq 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 companV logos in storefront windows onlV. 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 dPnind_ 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 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.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 6.08.136 Comprehensive Sign Plans (Section moved to 6.08.2) 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 6.08.13B) 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 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 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. 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 Currentiv only Schools and Churches are permitted to use these tvaes of sians. Staff does not support the proposal to allow Electronic Message Siqns for commercial and industrial uses. Staff's obiections 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 2nd offense $50.00 increased to $500.00 Current 3rd 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.E - 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 13 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-day/week 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 1' 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.B to restrict A -Frame signs to the downtown area as defined in the Area Specific Plan. Commissioner Mike Archambault SECONDED and the MOTION FAILED 2-4, as follows: Chairman Lloyd Pew nay Vice -Chairman Angela Strohan nay Commissioner Mike Archambault aye Commissioner Richard Turner nay Commissioner Gene Slechta aye Commission Stan Connick nay Commissioner Gene Slechta stated he opposed the signage at 3' from curb where balloons could blow into the road and be a distraction and a safety issue. It would also be almost impossible to enforce by staff. Commissioner Slechta made a MOTION that 6.08B.5 A -Frames with balloons attached could not 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 COMMENTS/NO 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 6.08.1M 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 COMMENTS/NO 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.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. NO COMMENTS/NO 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 COMMENTS/NO QUESTIONS 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. NO COMMENTS/NO QUESTIONS 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. NO COMMENTS/NO QUESTIONS Section 6.08.V Temporary Signs (Section Deleted) The committee feels that this section is redundant since the rules for the various types of "temporary" signs are already outlined in other sections. NO COMMENTS/NO QUESTIONS Page 11 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 6.08.1313 Comprehensive Sign Plans (Section moved to 6.08.Z) 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 COMMENTS/NO 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 6.08.1313) The committee proposal is to allow sign walkers any day of the week rather than only on Fridays and Saturdays. (See Staff recommendations below) - 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 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 COMMENTS/NO 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 2. To allow Contractor's banners. The MOTION passed 5-1, with Commissioner Gene Slechta casting the nay vote. AGENDA ITEM #4 — COMMISSION DISCUSSION/REQUEST FOR RESEARCH to staff. Items listed below are 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. 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 aye Vice -Chairman Angela Strohan aye Commissioner Stan Connick aye Commissioner Richard Turner aye Commissioner Gene Slechta aye Commissioner Mike Archambault aye The regular meeting ADJOURNED at 7:55 p.m. FOUNTAIN HILLS PLANNING & ZONING COMMISSION BY: , � , , /, E " ) � � Chairman Lloyd E. Pew ATTEST: Janice 8axter, fRecorder CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the meeting of the Fountain Hills Planning and Zoning Commission held on the 12th 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 12th day of July 2012. Janice Bax er, Recorder Page 13 of 13 Janice Baxter From: Robert'Bob' Rodgers [rrodgers@fh.az.gov] 4ant: Wednesday, July 11, 2012 9:40 AM *10: 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: Janice Baxter; 'Paul Mood' Subject: FW: Signs at Risk! 6u From: Fountain Hills Chamber of Commerce[ma iIto: chambernews(Wountainhillschamber.com] Sent: Wednesday, July 11, 2012 9:31 AM To: Igary@fh.az.gov Subject: Signs at Risk! %,nHmom OF COMMERCE Ronnie Sells, Spike's Treats SIGNS AT RISK! Dear Chamber of Commerce Members, As many of you know several local business owners and I have put forth much time and effort as Town Sign Ordinance Sub -committee members over the past year. We believe, to the extent possible, we have positively represented our Business Community by recommending changes in the Sign Ordinance. These recommendations, if accepted by Planning & Zoning and Town Council, will allow local business's to continue to promote business with both temporary and permanent signage while preserving the aesthetics of our beautiful Town. We have addressed the Town Councils concerns w/ business compliance by recommending changes to the ordinance that will make it more convenient for business's to comply. However, in order that P & Z and Town Council UNDERSTAND our business community's intention to thrive in a challenged economy we need your attendance in order to show support for our recommendations. It is with absolute urgency that I invite you to join the Sign Committee Members and me ,y Thursday July 12, 2012, 6:30 p.m. at Town Hall Council Chambers for Sr. Planner Bob w Rodgers proposal to Planning & Zoning. Your presence will not only show much deserved support to the Committee but will further support The Planning & Zoning Officials in adopting this Ordinance. The Ordinance will be presented to Town Council on Aug 12, 2012, 6:30 p.m., Town Hall in Council Chambers. I encourage you to join the Committee and me at this meeting as well. 1 sincerely appreciate any consideration from you in supporting this effort! Best regards, Ronnie Sells, Sr. Sign Sub -Committee Member Owner Spike's Treats 12645 N Saguaro B1vd.,STE 14 Fountain Hills, AZ 85268 My Cell: 480-334-1949 Disclaimer "The Fountain Hills Chamber of Commerce e -blast service is a benefit of membership in the Chamber- a private, non-profit organization. While the Chamber monitors e -blasts for adherence to policy, and for illegal or disparaging content, the announcements and promotional messages contained in these e -blasts should not be construed as representing the Chamber's official position on the subject matter." Fountain Hills Chamber of Commerce P.O. Box 17598 Fountain Hills, Arizona 85269 Forward email �,.:d° v r,�tf^r! �Yl�S3A$ C s73 '• This email was sent to Igary@fh.az.gov by chambernews@fountainhillschamber.com Update Profile/Email Address ` Instant removal with SafeUnsubscribeTM ' Privacy Policy. Fountain Hills Chamber of Commerce P.O. Box 17598 Fountain Hills AZ 85269 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. Janice Baxter From: Douglas A. Schmidt [advisor@itsyourlegacy.com] ant: Wednesday, July 11, 2012 2:00 PM o: pzc@fh.az.gov Cc: frank@fountainhillschamber.com; tait@elkielaw.com; Imkavanagh23@gmail.com; hleger@fh.az.gov; dbrown @fh.az. gov; chansen@fh.az.gov; cyates@fh.az.gov; gdickey@fh.az.gov Subject: Text Amendment to Chapter 6, Signs of the Zoning Ordinance of the Town of Fountain Hills Importance: High Good afternoon Commissioners, I would like to voice my support for consideration of a Text Amendment to Chapter 6, Signs of the Zoning Ordinance of the Town of Fountain Hills. For those on the Commission who do not know me, I moved here 1997 and reside at 15444 East Sunburst Drive. I am a Past Chair of the Chamber, a recipient of the Prizm Award, Business Person of the Year and only 1 of 5 individuals to be honored with the FH Chamber of Commerce Chairman's Award. I am celebrating 11 year as a successful business owner in Fountain Hills and have underwritten 12 scholarships to graduating seniors from our high school during the past 7 years. I mention these items only to share with you that I believe I have a very good understanding of many of our businesses and their issues as well as many of our residents, who may not have a business interest in our community; and with that said, I praise the work the sub -committee has done and applaud all involve in making the recommendation before you. urge you to support the recommendation and work with the sub -committee leaders such as Ronnie Sells and Cecil Yates. I feel their work is fair and balanced. They have taken the time and energy to gather feedback from both our business owners and our resident's and I believe they understand both sides of the issue and have a common sense, and balance recommendation. I will not be able to attend the meeting, but wanted to express my support for their work and their recommendations! I urge you to listen to their recommendations and approve the their Text Amendment recommendations to Chapter 6, Signs of the Zoning Ordinance of the Town of Fountain Hills. Sincerely, Douglas A. Schmidt, RFC01 01 PIP President v v LEGACY ASSET MANAGEMENT, INC. 16807 East Palisades Blvd., Suite 101 Fountain Hills, Arizona 85268 Local: 480-837-1736 Toll Free: 888-837-1736 [T� Facsimile: 480-837-1735 Securities and investments advisory services offered through NEXT Financial Group, Inc., member FINRA/SIPC. LE Asset Management, Inc. is an Investment Adviser registered with the state of Arizona. 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(Please see reverse for procedural information on addressing the Council) E:\BBender\Documents\Forms\Request to Speak Cards rev 6-19-07.doc 6/11/2012 Town of Fountain Hills Staff Report The Sign Ordinance Review Committee Appointed Officials Cassi:�ILI!nown Counciinnember Dennis Brown, Town Councilmember Cecil Yates, P&Z Commissioner GeneSiechta, P&Z Commissioner To" Staff Paul Mood, Development Services Director Bob Rodgers, Senior Planner Jason field, Chief Building Official Roy Jaffe, Code Enforcement Officer Janice Baxter, Executive Assistant M— Local Businesses Shawn White, Sternfels &White, PLLC Chamber of Commerce Sherry Sledge, Bodyworks Chris Pinna, CSI Printing Ronle Sells, Spike's Treats Joe Chnsorg, Slgntech Margy SquiresTYH, Inc. Other Attendees Bob Burns, The Times of Fountain Hills Zoning Ordinance - Chapter 6 The sign regulations are designed to encourage the creation of an attractive appearance throughout the town, while eliminating signs that may contribute to visual clutter. The regulations for signs have specific obfiectives: 1. To reflect and s upp- thd—,od ch.,acter and d ... bpm— patterns of the —i— —­ d, -'a, 2. To allow for adequate and eff—W. signs In Al —i, district, while still providing reasonable limfts — the rngrltud d extent of the graphic communicationcommunicationand to keep signs from dominating the appearance of the and 1 To dKti,g,i,h bet—, signs that require visibility from automobiles and those that are oriented to ped -H.- 4. To ­lre design standards for local,,, const—l-, installation, ..d proper —i-r.rce so that p.bli,safety and traffic safety are not := ';". =p",=,"", -2 Exhibit "D" 1 .—P nx. - con os _'._4 s1-1 IS1911 ss Pl- C' ==Isi, --d s.oe it ,o. 1. I 1.— ger. s Deal 11111 11111,111, d1=11 sr., _r. sig -2 Exhibit "D" 1 Section 6.08 SIFns:Uk—d ne Required (I—d) I<Fend: Le RIM A -FF C(' indicate the following aubaeclion sfryrM�re-petwrilnW-with additional requirements or cbri .c m an=d. a Hal, 9eerien. 61. - NIA mean not a8—d. %ecfion 6.08 (Aa ad) D. Eh2'NTB—m,, Balloons .dP—areallowedwj11— (4mend) I. Barman shall be allowed ova one-time basis Cor a maximum of that. (:a] t:,.«se,x-st�i eau", days dming the grand opewrlg of a business, a Chamber of Commerce sponsored ribbon ...r a change in ,—hip, ch,l , in maregement or ch,ry , of bmimsa mine. 2. A banmr shall also t.: allowed for a cbmch for up N thirty (30) --w, drys for the p,.Ww of p -6a a program ar eveN. B— for these purlmses req& a permit. ' D'L- (4mend) 3. B.— , balloays and penrerds are pertained for events such as special sales nems with advance written Imtificatian to Ne 'own Z not - - - - - - m..ah--lh— (3)—ufive days per week. The Provision of Nis subsection 6.08(D) (3) shall expire on December 31, 24421112. Ceby Bdoa—suppm thu an rend— (1—d) rend e(Imend) 15. B.11— shall rot be flown higher than su (6) &.11 — the ground. 0 S -c .6.00 B. A.F. Sign —.1"ed u fdb : f1-4 2. nnine..n n enur,nec pmnined m diTl y A -Gone eign may 4kpl,y, nuximam or on —h eign pee xnccl R:ml+ge Faxin.xe .Aw.ltloeali:m, gush tips —I be 1«,1et eilhcr on Ne ume prapaly„Ina heinc,e a chmcM or m Propvly —61-11 -d* to Nc hasinns nr.nw.b n.dding u fellows: rNepme a ' 1_4 ?.I.,,aion ofA-Game ,ipru dull be «�tn.ned nwwa«xrven fellow,: ff.rnrp .. —1 1— on me panic,nea.,ae,.,il�mmmi,w.,igaF«cwy, (Add) d. A-Fra.w nipwe roan h plac.:J at I..,t i�ne l l hva nchiml inc.urn. lrw enb is p,c k .ign. dull ne homed n lean _ 13 I fma fw.n Ina cage 4Nc pm d pmiow of the rani, ngh--y. Nw A -Gunn ,ign -11be pl— un sid AU,.witty, Nc ccnmr medianstea aiciJ, p.niaw �fp.,.d,, onp vcd ro,dw'ap. (nNeq rDelw4 (e.re.d) I—i— dun b, N good rtpv..Mwdyprw.d. (—d) gA14Aa,cW,nn to dgn,,u limited w b11. Howe m high thin ,m (6) fen Gom the Aou•d. V --1, arc uud, Ne w- frame.cign mucl ne act roek from Ne.urh a minimum of Nue (3) fret 11.. a I l.lF.No.4-6amc eign u pmniaed,nywhcre widen Nc Town ofFounuiv In11, a0a Oecrntbcr 31, ZaH2o12. Ir% 1]. ff gVBIT _. -- 9GN TPE r.ren, lwrnua, mwalspwYM nN�nil e wp.urrs wprn,s f.-131h� o.r e..a 1>•s. Nre”, mime '°^'' arra e..n v>•emw t.rema aemand t. P _i anF lyryMM.e Aw.fw,x as a.tb� gym. druOe•n o.n nounotm Section 6. 08 (4 IF) F. Sig. forcon.cter may h pt ... d ov a conslrmtion site if sigm net the following criteria: sl . Om wntmctor sign or hmerer per lot. ( • SteJ(dom nil sappml this amendment ) L Freestanding were are slowed ss f. I... (Amend) 3. Maximum uea offifly(50) . 91 f— hl 1) qg fat. (4trtend) 4. Maximum height oft-1ve(12)six-(6) fat(ircluding base). (Delve) (Leant) 7. Shored Monument Sig. (Al—eMirepniorm SMioe CC and insert here nnchangrd) (Inapt) 8. Subdivision ldemificaeion Sig. (31m,e emtimpmiow SMim EE and meted here —h,, dl M. Gen, Sds Signs ere allowed a follows: (Amend) 2. Garage ale sigm must be placed m least thea(A) km c m ( I) foot behind the cosh If Is, cmb is psexrq sigm shell be loaned m least taxfi0}three (3) feet fmm the edge of the paved portion of the public rightuf-way. No gerege sale sign shell be placed on sidewalks or within the cenmr mIdi..s that divide portiore of paved ar uM ..d roadways. (Anand) 7. Msximum sim shall not exceed f— and ore -half (4.5) MIssn fat. s" itee.-r.. (Amend) 9. Signs may ody be constructed of wrought iron shat metal, wmugmed 3:& inch ihiak-p1sew or If wood that is at Iasi 3/8 of m imh Nick. (Add) 10. Garage Ss, signs shill rot be sttehed many utility pole or box, light pole, ar swat sign P. Nasi Sig. are slowed ody .folbws: (Dedde) ( `,Wgffdom ndsnppadthu aausdmenr r S-im 6.08 Q. Open Roux Directio.l Sig. arc Wlawed ody es follows: (Amend) 3. Maximum area far...h sign shall be4x-1(4).ix (6) square feet. (Amend) 4. No sign may be greeter than ewenty-foe (24) inches wide and thinys& (36) imhee tel., orml As is-, (lmend) 7. Signs shellh Plac.d .11—t1sme(31 Ism om(1) foot behind Ne —b. If m cmb is present, si,. 4.11 hwam kd st leen —44th— (3) fen fmm the edge of the —.d portion of the public right4f-way. No sign is .11—d on sidewalks or within Ne more, ..diem the divide P nim of paved or mpeved .adweys. - (Amead) MO. Sigm ahe[ tat h Imemd within Its, heed (100) lime fat ofd --. - - -- - . - -- - - --- - , or any sign edvenisis, N. same Iastare). R. Politics mid ldwbgwsl Sig. (Amend) 1. Mmri.um aggregate si., per iMividus candidate or ballot is... shell rot exceed — oy km (31) n (16) equine feet o any rcsi,mml le or pueel ar thirty-two (32) av wmmereisly'irW—1 mord lot or pa—d. (Amend) 4. Except m athImi,, permitted in- !his -erdim"we-by' Stam Law, m smh sign or portiov of Ne sign nuy h locemd m or pmjmt me a public rightof-way. (Amend) 5. Political sig. is rcsi&emlly aomd areas shell Ica erected rot more Nen sixty (60) days Prior to the d-i.n or rc1 d. on Ne ballot end shall bs removed within ten{AH}fifleen t15) days alter said detioe o referendum. Candidates --fl i e primary elution arc p itted m leer. Heir rcspa4ve political signs m plea. until inn (10) days after the g.m.l election or if mceseeey, atter e —ff election /o Satbn 6.08 S. Pmj..dM Sig re ere slowed ody ss follows: (Intend) 2. Shall ody h Permitted if sig. me adxed to a bwldiry wayliis gi (Dektel fDd de) (Ddd bminess T Red Estate Sigm are allowed es follows and me exempt fro. Ne mW sggrcgaf sgrrge: (Amend) 6. No r e.Ms A -Fero, sigm slowed. (Del de) /I 3 S_c 6.08 Md -1) (Mo ed) Wim- (SerNon moved to Secdan 6.08.17 ) (Alined) (S—fim moved to Section &08.J.8) (4meud) WBB. Sig, Welker, i, comm Wly -d district o,d ,subject to the following time, plme and munnec G n m6om: 1. (•Sl gdoea ad mppmtrbu ammdmertt Sl psapport remorvtg tins adadding Suadaps) Open House - Top 5 Signage Issues ■ A -Frame Signs I ■ Banners m )% ■ Neon Signs ■ Electronic Message Boards E, Section 6.08 (4dd) CC. ElerO w Afe ge Sigm - Any sign with in/ermiltenb ecmlling 11fl- ing illemrinarion, inrladng electronic sage center signs S1ah signs are pemd0ed In Conmrercial and InAnml —mg dill— wdy. or rhm h,s or s,/—h in res d dial dbsM Subjecl to the following: 1. Sr'. man be on -sue. I. There shall be w -mg or flushing Green m Redf­­ which could be mi—k— slgrmis 3. Irrtemtittma Changes: a. Any rhmges m rhe fxe or copy f/he sten muss have u minimum ofEigln (8) secmd M-1 between changes. b. Anv changes ro rhe face or ropy f rhe sign man atop ar 10'00 p.m., eaeyr A, nme and enWramre. c. ARer 10'00 p.m the bxkgmmd muss he darker dant 11, text ( • Staff dws not support Ods amendment) /3 Recommendations Sign Ordinance Committee Recommends Approve as presented Staff Recommends forwarding a recommendation to Approve as Amended Ar - 4 Sseflm 6.03 Sipa Peralta; Fees, (4_d) A. Except as, provided listen, it shall 1, udewful W erect, inamll ad,, iandify any sign within the T.— without first applying for and obtaining , sign permit from the Plot a T - J Z. sit D ... I,panal Semite, Department. "Modify," as it is used beeia. shell mean an, d..g. in ., W an existing sigm its face, ll'Itn"I --p—ass, design ..&., s,ppnia, strmturea. A pe-il shall net be required f,, the f.11.,i.8 signs; provided. h.—ni, that such signs 0,11 be subject W any aad all ppli"bla p—ismes, of the, ndinsawn, minding zaing Adininistnin, approval when requited: Idd) 16 Si, p,,,,,l or rope,bung,-4 fm - eWfirM nn A.11 mt requires penant 01 4�FH!Slelhe -Ppf glp—llnpit l pl,sllw-iga il Ra 4 — IF S,etina 6.04 N W.tisaes (Lid-) hel 0 nn a�i s, 1 '11. j_, ift h flne'm W opivlid Se dm 6.05 Paslfy ( I—d) The —mi.. .1 fa above — deelesed 10 be civil in A aing Fjil- I It is M.'awd rhe, the business nr ieside— identified na the si,n is the rcspreible y for 'o,pli..e Ef.—awal f violations ofthis ch.pmr shell le, made through the use ofa civ it —pi,iai, Fires ..y [,e assessed --dia,, In the f,11—in, schedule: 11 Se,fi— 6.07 (;.neral RegpAstf. (4—d) F. Ex pt when oth.miw allowed, A sig.a must be Im-d on or in f— of the lot, for which it .4—fises, i,f,m. or otherwise attains —.. I Signs ma spcihcally mh.,,,d he— an, pinhitileA insludi.g, but net knitted W the (R,pl.,,) I A iy sign -I— amsilid '. a,, g igm. iaeliAng 4. Any animated or —in,, sign i.idi,g televisioa or signs xith streaming video, except es .therm —11—disection 6.09GG. (4—d) S. P...Ne or#fmobila 4,.. except for sign Walken or .s .,he-,. .n—t (Ddd,) 9. All r 9, 1-h (i4aaaad) Wherever the an,, of a busim-a charge& lb* any ---&--mo signs, 11 the premises shall be modified t. ,sing the, net, coNbrmame with thew ingulati.na, even lb,,gb the change is a change of sign copy only. This ,nagnsph shell mt apply 1, di—sni, signs designed with iiasielai,geabk levers or pmls or in the text area of momunen[ sign M. N, sign .1,11 be en, -d or planed n,ithi. any —, awdaa ., any public sidewdk or bmyd, piel, -1— otherwise e --d. The T— —pl.yees may —a say sign 1—d in these ... Dii-ti—I sigre owned K the T—, she[] be exempt fnnn thew regulations. 17 W INTERNATIONAL SIGN ASSOCIATION June 26, 2012 Fountain Hill Planning & Zoning Commission 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 Re: Proposed text amendment to 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. I have attached a number of recommendations for the proposed text amendments. Your review of these recommendations is important to ensure that Fountain Hills adopts a reasonable and legal sign code. 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 James Carpentier AICP Manager of State & Local Government Affairs 480-773-3756 Exhibit "E" [i Section 6.01 Purpose These Sign Regulations 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. 0 enhance and support commerce. M ensure that the constitutionally guaranteed right of free speech is protected. Section 6.02 Definitions The following definitions shall apply; interpretations of these definitions shall be the responsibility of the Town of Fountain Hills Zoning Administrator or authorized designee. Abandoned Sign: A sign that is no longer associated with the location, product or activity conducted on the premises on which the sign is located. 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. Advertising Sign: 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. A -Frame Sign: 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. Animated Sign: A sign with actual motion, including light changes or color changes, or the illusion of motion. 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. Awning Sign: 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. Ballast: The portion of a sign required to operate a fluorescent lamp. Banner: A temporary sign composed of fabric, plastic, or other pliable material regardless of shape, on which advertising copy or graphics may be displayed. Bench sign: A sign painted on or affixed to a bench. Billboard: A permanent off -premise outdoor advertising sign erected, maintained or used for the purpose of commercial or non-commercial messages. Building Mounted Sign: Any sign mounted onto the vertical surface of a building; see also Wall Sign. 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. Cabinet Sign: A frame constructed to hold internal components and covered by a face to hold the advertising sign. Canopy Sign: See definition of Awning Sign. Changeable Copy Sign: 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. 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. 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 Comment fjbcl]: We believe that and Important function and purpose for a sign code is to enhance commerce !'Comment [jbc2]: We recommend that the protection of free speech is a fundamental "requirement for a sign code and should be stated in the purpose. reviewed and approved by the Zoning Administrator or designee and conform to the sign regulations contained in this chapter. 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. Copy: The text, graphics or message of a sign. Direct Illumination: A sign that is constructed with a light source that is externally mounted; also referred to as "exterior illumination." Directional Sign: A sign, supplying pertinent directional information for the purpose of promoting safety and the flow of vehicular or pedestrian traffic. Example of Dimcdonal Signs: Directory Sign: 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. 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. Face, Letter: The exterior side of an individual letter or individual graphic element. Face, Sign: The area enclosing the copy and graphic components of a sign. 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 of foreign nations, decorative flags, and flags supporting activities of the Fountain Hills Unified School District. Fascia Sign: A sign, which is permanently affixed to the horizontal member or surface at the edge of a projecting or slanting roof. Example Fascia. Sign f I fffi fifff �. H• 1 Flashing Sign: A sign with an intermittent, repetitive or flashing light source. Freestanding Sign: A permanent sign that has its own supporting structure independent of the building or business it identifies. Frontage: Building: The linear measurement of an exterior building wall or structure that faces the public roadway. Front Lit Letter: An internally illuminated individual letter or graphic component of a sign that has a translucent face. 0 c Fuel Price Sign: A sign displaying the price(s) of fuel. Ground Mounted Sign: A Freestanding Sign with no visible base. Halo Illumination: Wall or Freestanding Signs having the sign lighting constructed 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. Holiday Window Decorations: The decorative display of holiday themed decorations or window painting. Identification Sign: A sign which contains only the name of the business, person, organization, place, or building at that location. Ideological Sign: A sign which expresses, conveys, or advocates a non-commercial message. Illuminated Sign: A sign which is lighted, either externally or internally. Internally Illuminated Sign: A sign constructed with a light source behind the face of the sign. Logo: A graphic design representing a product, identity or service. Mansard Roof: A roof style composed of a combination of a steep semi-vertical plane connected to a flatter plane. 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. Mansard fbof �� llama: ON Menu Board: A changeable sign orientated to the drive-thru lane for a business that advertises the menu items or services available from the drive-through window. Mobile Sign: See Portable Sign. Monument Sign: A Ground Mounted Freestanding Sign identifying a subdivision or multiple - occupancy development such as a shopping center, office 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 Freestanding Monument Signs SIG E �- � e'-- IG�f SSG `� s I.. SIG m I" IG Height x0.6 Height 0.4 Maximum Width Multi -Tenant Building Identification Sign: 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. Neon Sign: 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. Open House Directional Sign: A temporary sign with directional arrow, directing pedestrian or vehicular travel to the property or premise for sale, lease or rent. Pan Channel Letter: An individual letter 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 the structural roof. Parapet Sign: A sign mounted to the face of a building parapet. 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. Pole Mounted Sign: 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. Political Sign: A sign which 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. Portable Signs: 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 SELF SER,/ J Projecting Sign: A sign that extends from a building wall over a property line or right-of-way line. Pylon Sign: See Pole Sign. Real Estate Sign: A sign, attached to the site, advertising the sale, lease or rental of the property or premises on which it is located. 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. Roof Sign: A sign affixed on, above or over the roof of a building so that it projects above the roofline. The top of a parapet wall shall be considered the roofline. The 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. Shared Monument Sign: 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. P-1 0 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. 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 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; (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 Walker: A person, who wears, holds or balances a sign. Temporary Signs: 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. Any banner, pennant, poster, balloon, construction sign, wind dancer, political sign or A -frame sign shall be considered a temporary sign. Tent Sign: 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. Under -Canopy Sign: A sign attached to the underside of a canopy, marquee, cantilevered roof or eave or any other surface having an angle plus or minus fifteen (15) degrees from perpendicular to a horizontal overhead structure. Wall Sign: A sign which is fastened to any vertical portion of a building; see also Building Mounted Sign. Window Sign: Any sign, pictures, symbol 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 three feet behind a window pane, positioned to be read from the exterior of a building. Section 6.03 Sign Permits; fees A. Except as provided herein, it shall be unlawful to erect, install and/or modify any sign within the Town without first applying for and obtaining a sign permit from the Development Services Department. "Modify," as it is used herein, shall mean any change in or to an existing sign, its face, electrical components, design and/or supporting structures. A permit shall not be required for the following signs; provided, however, that such signs shall be subject to any and all applicable provisions of this ordinance, including Zoning Administrator approval when required: 1. Nameplate signs, four (4) square feet or less in area, which shall contain the name of the business and may contain any or all of the following: street address, hours of operation and business logo. 2. Street addresses. 3. Any sign four (4) square feet or less in area not otherwise prohibited by this ordinance. 4. Repainting without changing wording, composition or colors; or minor nonstructural repairs. 5. Temporary noncommercial signs. 6. Signs not visible from off-site public or private property. 7. Holiday signs permitted by subsection 6.08(Z). 8. Garage sale signs permitted by subsection 6.08(M). 9. Political signs permitted in residential areas by subsection 6.08(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 which 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 for future Use per Ordinance No. 09-13. 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. Sign panel or copy change only if on an existing sign shall not require a permit. C. 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. D. Fees for sign permits shall be required and payable in such sums as the Town Council may from time to time establish by resolution. E. 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 ordinance and shall be subject to the enforcement remedies and penalties provided by this section, by the Town of Fountain Hills Zoning Ordinance, and by state law: 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 lot on 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 portions ofthis ordinance. Section 6.OS Penalty The provisions set forth above are declared to be civil in nature. It is presumed that the business or residence identified on the sign is the responsible party for compliance. Enforcement of violations of this chapter shall be made through the use of a civil complaint. 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 ordinance 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. 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 Fountain Hills Building 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 specifically authorized herein, or by other Town ordinances or regulations or by special Town authorization. C. No sign, including temporary signs, or sign structure shall be erected or placed in a manner that would obscure vehicular visibility; nor 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 days, make such sign conform to the provisions of this ordinance, or shall remove the sign. If, within ten 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. Any sign legally existing at the time of the passage of this ordinance that does not conform in use, location, height or size with the regulations of this ordinance shall be considered a F. Le protected non -conforming use and may continue in use until such time as it is removed or it is abandoned for a period of six contiguous months or more. Except as otherwise set forth in subsections 6.07(1) and (Q) below, any change in the sign, including a 50% or more change of sign copy, shall be considered an abandonment and the protected non -conforming status of the sign shall become void. Except when otherwise allowed, all signs must be located on or in front of the lot, for which it advertises, informs or otherwise attracts attention. Sign areas shall be measured as follows: 1. Sien eeigy mewn+ d eF i3ainted a baEl(9FI3HAd paRel eF aFea di5tinetively painted, Example Sign Copy Area x i = JJ:L�G�v4'ti1Li� I Z kjgAl�siiitingefindWidwpli tteFSOIRGIL. phie affixed te^ -,u„ ^"+i^"-ef COOtroent[jbc3]:The existing methodology for y building, H•^Hh snotbd.enpainted, textuFed, BF etheFwisealteFedte. ide determined area ofasign can limit creativity since building,any irregular shapes are penalized as much as 60% in sign area. Note attached Model Sign Code with Sign aFea is the aFea within the 5FRallest Feetangle that will enclose the sign capy additional details on pages 26 and 27. For a wall sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture of the building. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different elements. Minor appendages to a particular regular shape, shall not be included in the total area of a sign. Example Sign Area 3. 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, which contains sign copy, will be counted as sign area. a Example Illuminated Sign Area 7 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 than 45� LIP to 450 R 1 2 faces 1 face Three dimensional, sculptural or other non -planar signs –Sign area will be the sum of the areas ofthe vertical faces of the smallest polyhedron that will encompass the sign structure. Example Dimensional Sign Area I — T i I I I 1 I 5. 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). 6. •, ' the sign aFea the aFea ef the + I enei .. �. .JImef the ,. Example Fuel Price Sign Area _WIDTH �IT UP WEIGHT 11 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. Example Midpoint of Sign � FnU*d I= beneath n idpoiM of Sign Signs not specifically authorized herein are prohibited, including, but not limited to the following: 1. Neon signs, except as permitted in subsection 6.08(P). 2. Roof signs, or signs that project above the highest point of the roofiine, parapet, or fascia of the building. 3. Any sign emitting sound. 4. Any animated or moving sign including televisions or signs with streaming video, except as otherwise allowed in section 6.08 GG. S. Portable or mobile signs, except for sign walkers, or as otherwise 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 allowed. The Town may install signs on its own property to identify public buildings and uses, and to provide necessary traffic control. 9. All off -premise signs, except as otherwise allowed. 10. All banners, pennants, streamers, balloons, flags, searchlights, strobe lights, beacons, inflatable signs, except as otherwise provided. 11. Any sign imitating an official traffic control sign, any sign or device obscuring such traffic control signs or devices. 12. No temporary or portable sign shall be permitted within the Shea Boulevard right-of- way. 13. Except as provided in subsections 6.08(B), 6.08(M) and 6.08(Q), A -frame signs shall not be permitted within the Town of Fountain Hills. 0 1-1 'hen.,.. a of a business ehanges ............ ......F.....,;.... SiORS An t6pFL-FAisec;Comment [jbc4]: It is not reasonable to require. .aMPM t.. bFiA . H...... into . ofeFFABRee with these Feg, lata ns_.,ven theugh the ..w-.. ge " a nonconforming sign to be brought into compliance '" A nonconformine sign structure shall not be re -erected, relocated. or with a change of a tenant panel. We suggest language that refers allows non -conforming signs replaced unless it is brought into compliance with the requirements of this Ordinance. Anv subject to no relocation, structural alternations. nonconforming sign shall be removed or rebuilt in full conformity to the terms of this Ordinance if it is damaged or allowed to deteriorate to such an extent that the cost of repair or restoration is 50% or more of the cost of reconstruction of such sign. This paragraph shall not apply to directory signs designed with interchangeable letters or panels or to the text area of a monumentsign. K. 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 building, land or site restored to its original state. L. The source of a sign's illumination shall not be visible from any adjacent residential streets or neighborhoods. M. No sign shall be erected or placed within any center median or any public sidewalk or bicycle path, unless otherwise permitted. The Town employees may remove any sign located in these areas. Directional signs owned by the Town shall be exempt from these regulations. N. When any window sign or signs are placed so as to attract the attention of persons outside the building where such signs are displayed, the total area of all such window signs shall not exceed 50% of the total area of the windows through which they are visible. 0. Signs mounted, attached or painted on trailers, boats or vehicles shall be subject to the following: 1. Business or commercial vehicles displaying signage or advertising as a normal part of business activity may be parked in an off-street parking space adjacent to the business to which the vehicle relates; provided, however, such off street parking space shall not be located immediately adjacent to a street frontage, except as permitted in subsection 6.07(0)(2) below. Vehicles that are visible from the public right-of-way shall not remain in the same parking space for more than forty-eight (48) consecutive hours. 2. One business or commercial vehicle of less than three and one half 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 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(0)(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. P. Total aggregate sign area may be increased up to 25%, provided the additional area is used to display a Town -provided logo or symbol. 1-1 Q. The area of the text of a legal nonconforming monument sign shall not be required to be reduced in the event of a change in the sign text. Legend: Letters A- GG indicate the following subsection with additional requirements or clarifications as listed. N/A means not allowed. • Zoning District COMMERCIAL RESIDENTIAL/ OPEN SPACE RECREATION INDUSTRIAL LODGING Total Aggregate Sign Area A A A N/A A A A -Frame Sign B B B N/A B B Awning/Canopy Sign C C C C C C EVENT Banners D D D * D D Civic Organization Identification E E E E E N/A Contractor Signs F F F F F F Directory Signs G G G G G G ELECTRONIC MESSAGE SIGNS CC CC CC N/A CC CC Flag I I I I I I Freestanding J J J N/A J J Fuel Price Signs K K K N/A N/A N/A Future Development Signs L L L L L L Garage Sale Signs M M M M M M Menu Board N N N N/A N/A N/A Multi -Tenant Building Identification Sign O O O N/A O O NEON SIGNS P P P N/A P P Open House Directional Signs Q Q Q Q Q N/A Political and Ideological Signs R R R R R R Projecting Signs S 5 S N/A S S Real Estate Signs T T T T T T Sign Walkers BB BB BB N/A N/A N/A Special Event Signs U U U U U U Street Addresses DD DD DD DD DD DD Subdivision Identification Signs EE EE EE EE EE EE Under -Canopy Signs V V V N/A V V Wall Signs W W W N/A W W Window Signs X X I X N/A X X Window Pa i nti ng y y y y y y -Decorations/ Comprehensive Sign Plan Z Z Z N/A Z Z Shared Monument Signs J J J N/A 1 3 • *Specific Regulations Apply. A. 'Total Aggregate Sign Area" is the sum of the total allowable sign area for an entire site with the following restrictions. As used herein, "Site," within commercially or industrially zoned area shall mean the building area leased or owned by or on behalf of any business together with its adjacent privately owned walkway or parking area. 1. Frontage is determined by the measurement of the portion of the building facing the street. Corner buildings may include two street frontages if the frontages are joined at an angle between forty-five (45) and ninety (90) degrees. 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. 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 two hundred (200) square feet. 3. In all commercial and industrial zoning districts, any licensed business located above the ground floor in a multi -story building having an external building wall facing a public street shall be permitted exterior signage with a total aggregate sign area not to exceed fifty (50) square feet. A business occupying more than one floor is only allowed a sign on one floor. 4. Businesses within any commercial or industrial zoning district having only an internal business entrance and no external wall facing a public street or public access driveway shall be limited to business identification signage on a common directory sign as shown on a comprehensive sign plan, as set forth in subsection 6.08(BB) unless otherwise approved by the Zoning Administrator or an authorized designee. 5. Ground floor businesses having building frontage greater than one hundred (100) feet in length may increase their allowed sign area by 0.5 square feet per one (1) lineal foot of building frontage in excess of one hundred (100) feet. Such additional sign area shall be for the exclusive use of said business and not transferable or reallocable to other businesses on the site. B. A -Frame Signs are allowed as follows: 1. Only businesses that are physically located within Town commercial or industrial zoning districts or churches in residential zoning districts may display A -frame signs. 2. Businesses or churches permitted to display A -frame signs may display a maximum of one such sign per street frontage location. Such sign shall be located either on the same property as the business or church, or on property immediately adjacent to the business or church building as follows: a. As outlined in section 3 below. b. On property held in common by members of a property owners' association. C. On property owned by the business owner's landlord. 3. Location of A -frame signs shall be restricted as follows: a. Such signs shall not be located on the public street, sidewalk, or median. b. Such sign shall not be located within a designated parking or loading area. Comment [jbc5]: 100 square feet will not -accommodate larger buildings. With the existing ratios the signs will not be out of scale with the fa4ade. C. 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. S. 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. 9. Landscaping cannot be modified or damaged to accommodate an A -frame sign. 10. Signs shall only be displayed between the hours of 7:00 a.m. and 9:00 p.m. 11. No A -frame sign is permitted anywhere within the Town of Fountain Hills after December 31, 2012. 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. EVENT Banners, Balloons and Pennants are allowed as follows: 1. Banners shall be allowed 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. 2. A banner shall also be allowed for a church for up to thirty (30) consecutive days for the purpose of promoting a program or event. Banners for these purposes require a permit. 3. Banners, balloons and pennants are permitted for events such as special sales events with advance written notification to the Town for not more than three (3) consecutive days per week. The provisions of this subsection 6.08(D) (3) shall expire on December 31, 2012. 4. Not more than one banner shall be allowed per business. 5. Maximum banner sign area is thirty-two (32) square feet. 6. Banners, balloons or pennants shall be located on the business storefront or within the area leased by the business. Balloons otherwise located shall be not less than four (4) feet from the face of the building and within twenty (20) feet of the main building entrance. 7. Banners, balloons or pennants shall not be designed to depict any product not legally available to all residents of the Town. 8. Total sign area including permanent signs, pennants and banner signs shall not exceed 200% of the permitted sign area. 9. Banners, balloons or pennants shall be professionally manufactured. 10. Banners, balloons or pennants shall not be displayed in the required perimeter street landscaping. 11. Banners, balloons or pennants shall not obscure building address numbers. • 12. Banners, balloons or pennants shall not encroach within onsite fire lanes. 13. Banners, balloons or pennants shall not be attached or hung on or from a tree or shrub. 14. No balloon may be larger than twenty-four (24) inches in diameter. 15. Balloons shall not be flown higher than six (6) feet from the ground. 16. 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 sign, signal or device. 17 TYPE OF EVENT SIGN TYPE Balloons & Banners, Pennants, Banners Pennants Balloons & 1.12 Hrs during one Grand Opening 30 -Days Day Event w/Permit 2. -No Permit Necessary 1.-12 Hrs during one CHAMBER RIBBON 30 -Days Day Event CUTTING w/Permit 2. -No Permit Necessary 1.-12 Hrs during one Change of Business 30 -Days Day Event Name,Owner,or w/Permit 2. -No Permit Management Necessary Church Event 30 -Days w/Permit 1. Permit Required 1. - Three (3)consecutive days per week Any Type of Event 2.No Permit Necessary * Town Notification Required *Town Notification: Prior to the event, the event organizer must submit for review the following: 1. Event site plan showing location of outdoor activities, signage, etc. 2. Dates and times the event will be held. 3. Name, address, and phone number of responsible person. Town staff will review for conformance with regulations and safety issues. Once the proposal review is satisfactorily completed, staff will approve. Staff may impose conditions to ensure public safety. E. Civic organizations, such as the Kiwanis, Rotary, Jaycees, etc., may be identified on group display structures in accordance with the following standards: 1. Said structure must be on arterial streets. 2. 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. v O 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. 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. (Reserved) Flags, as defined in Section 6.02, are allowed as follows: 1. Flag poles shall not exceed the maximum building height allowed in each zoning district and shall be located and constructed that 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. No more ^ (1) Mate "c AFiaena, " fWeign atien.,i flag ,, ( ) P,..."...o" ueu " flag and eAe (1) GGFPeFate flag shall be flewnthree 131 flags on a° any one (1) site or structure. 4. The maximum size of any corporate flags shall not exceed fifteen (1S) square feet, with no one dimension to exceed six (6) feet in any direction. S. 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 flags4_4 Now States flag and St-4te 84.44 -A -H -A flat 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, up to a total of four (4) lots of model homes. b. The maximum size of any model home flag shall not exceed eight (8) square feet. C. Model home flags shall not be illuminated. d. Flagpole shall not exceed twenty-five (25) feet in height. 8. No sign permits are required for flags unless otherwise noted. 9. The maximum size of aUnited States flag State of A.o.,""., flag ". f".":"" natiBnal fl.." shall be sixty (60) square feet. WL­�3' mit deer Ret apply to a United States flag ". St-te "c Ctimt �Clkce] cor��mr gijaiiori 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 subsection 6.08(1)(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) (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 valid Town business licenses, 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. 2. District Dissolution: If a sign district is dissolved, the property owner(s) of the business block shall be required to remove the shared monuments sign unless: 3. 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 4. The property owner assumes complete control over the shared sign monuments. b. Limitations on Shared Monument Signs: 1. Height Restrictions: FRaximum H ht t the ent sign sh all be 4!R81 ICn F.,oL Comment [jbC9]: A 6 foot tall monument sign is the not of adequate height to be safely seen by maximum height of the monument sign shall be eight (8) feet. motorists. Note the attached reference information in support of this recommendation C) --- --- Comment [jbc10]: Restricting the width will d) The area of the sign shall not exceed `�"" 'El ".' result in similar dimensions for all signs. This will feet, fifty (50) square feet.limit •`.\ creativity of the designers and not have the in C. Sign Placement: \ variety in bulk and overall shape that will result .severely limiting superior designs. 1. Signs may not be placed within the right-of-way; Comment (jbc11]: 24 square foot limitation on 2. Signs must be at least one -hundred fifty (150) feet away area for ground signs is too small given the typical from any other type of monument sign; speed limits and ROW widths In Fountain hills. Note 3. Signs must not be placed in a manner which obstructs the attached reference information in support of this recommendation. the vehicular sight lines and road "clear zones" , established by the Town Engineer in accordance with traffic engineering standards. d. The Zoning Administrator or authorized designee may approve the placement of a shared monument sign in a manner other than as required by this subsection, provided that a written request has been submitted by the sign district to the Zoning Administrator outlining the reason for the request of alternative placement, including a detailed plan showing the requested area of placement, and where the Zoning Administrator or authorized designee has made the following determinations: v K. 1. A special circumstance or condition exists which does not exist on other properties within the business area; and 2. The alternative placement is necessary to allow the use of a shared monument sign; and 3. The special circumstance or condition is not self-imposed. e. A minimum of two (2) square feet of landscaping per one (1) square foot of the sing shall be provided at the base of the shared monument sign. f. In lieu of the formation of a sign district by business owners, one or more owners of contiguous property that contains more than one business address may submit an application for a shared monument sign. Subdivision Identification Signs are allowed as follows: a. Style, Height and Area. Subdivision identification sign shall be a monument sign 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 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. 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. 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. 3. Sign maybe double faced. 4. One (1) sign per each street on which the development has frontage. 5. Maximum height shall not exceed five (5) 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 a Certificate of Occupancy. 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. No garage sale sign shall 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 -or -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, corrugated 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, or street sign. 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. MaNiFRUFR aFea ef twenty(20) squaFe i ` Ilil (50) square feet / COII1mPl1 Tj C 2] fNYost menu boards are larger S. Maximum m h..ight of flye (S) F et- even(7) feet- than the requirements in the code. For a franchise to complywith this code would require special 6. Minimum area of four (4) square feet of landscaping per one square foot of freestanding fabncatlop., 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 footage will be calculated in addition to total aggregate sign area. r� L 0 R. 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 screened from residential view by masonry wall. i. Sign -;hall I3e a VvaII sign and shall l faciiniy onry the -ovT,vnTgvi-'cmiTprcx. 3. Sign -shall a-piaee R__R e the building with ';,',ajoFacrce c-rrvrrcvgo. 4. MWEimam area of sign is six (6) inehes peF Ilnea;feet o; building wall r ,ef tweRty feUF (241) squaFe feet and a maximum ef feFty (40) squaFe feet. WReal feetageef Neon Signs are allowed only as follows: 1. A neon sign does not count toward the total aggregate allowance of sign area for any business. 2. Limited to interior window display only (may not be used on exterior of building. 3. The total amount of 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. Open House Directional Signs are allowed only as follows: 1. Open house directional signs shall be used 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. 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. S. 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. Political and Ideological Signs located in non-residential zoning districts shall be treated as commercial signs and shall be governed by the sign regulations applicable to the respective zoning district where sign is being located. The combination of commercial, political, and ideological signs shall not exceed the square footage limitations of the respective sign regulations prescribed in this ordinance. In addition to signs already permitted in residential zoning districts, political and ideological signs may be located in such areas within the following parameters: 1. Maximum aggregate size, per individual candidate or ballot issue, shall not exceed sixteen (16) square feet on any residential lot or parcel or thirty-two (32) on any commercially/industrial zoned 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. 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. 5. Political signs in residentially zoned areas shall be erected not more than sixty (60) days prior to election or referendum. 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, after a run-off election. S. Projecting Signs are allowed only as follows: 1. Must be included in the total aggregate square footage. 2. Shall only be permitted if signs are affixed to a building. 3. Shall not exceed three and one-half (3.5) feet in width or more than six (6) feet in height. 4. Shall be located so that the bottom of the sign is not less than eight (8) feet from the ground. 5. Shall require both a Town sign permit and, if encroaching over an abutting Town right- of-way line, revocable Town encroachment permit. 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. 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: 1. One square foot per each lineal foot of building frontage, R 1.5 square foot per each / Comment [jbc14]: Additional square footage is lineal foot of building frontage for buildings set back 100' from the ROW or greater. recommended for structures that are setback more Frontage is determined by the measurement of the portion of the building facing the than 100 feet from the ROW to provide for adequate legibility. 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 2&%751%of primary total aggregate sign area. —_ 25% of the primary total l b. Secondary entrance must not be visible from main public entrance. aggregatesig"areawYllnot allow for these signs C. Secondary entrance must face a rear parking area, common area or public use adequate legibility JI from the ROW. frontage. X. Window Signs are allowed as follows: 1. Window signs do not count as part of the total aggregate sign area. 2. May not exceed 50% of window area. 3. Window 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, including but not limited to, name of business, logo, sale language or any other form of advertising as outlined in Section 6.02. 4. Sign permit is not required. III ►Ta BB. cc. n 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). 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. Street Addresses: 1. Every building or group of buildings within any commercially or industrially zoned area must be identified by a street number which 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. Sign Walkers, in commercially zoned district 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 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. 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. 5. 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. Electronic Message Signs — " ` '" " ' Such signs are permitted in Commercial and Industrial zoning districts e4y, eF EWeF sehee46 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, rFRUffiRtNim Ch Message Duration: a. ARyehanges te the faeeelF61apyefthe sign must have a FnInimum of Fight (8) seeend r"*"• -•"i between eha%Les Such signs shall displav static images only. Such static images shall hold on the display for a period of at least eight (8) seconds. Comment [t16]: Such signs should not produce flashing or intermitted illumination, so regulations inferring that.could lead to loopholes for such use. Comment [t17]: Allowances for specific uses borders on viewpoint discrimination. It is best to leave such allowances open to "nonresidential uses (i.e. churches and schools, but without actually coming out and saying it). Comment [t18]: Again, intermittence should no+ ;, be permitted. Therefore, more appropriate :language could be as suggested. Transitions from one static image to the next shall appear to be instantaneous without animation, flashing or the appearance of movement of any kind eha s to the fa eF eepy of the sign must stop at 10M r ,tet feF til:A and blank face, between 10:00 p.m. da F!Ee than the 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 Comment [t19]: There is really no rationale for such regulations other than fears of disturbing residents. Therefore, instead of including two separate sections about nighttime content, we lumped the two together into subsection c, and suggested that such signs be turned off in residential between 10 p.m. and 6 a.m. Such provisions alleviate concerns about residential disturbances, while permitting such signs in commercial zones to continue operating their signs, without the bother of producing different content between day and night. Comment [t20]: Note: It's always important to Include a "turn on" time. Simply stating such signs shall be turned off at 10 p.m. creates loopholes for people to turn off their sign and then turn it back on again at 10:01 p.m. Comment [t21]: There were no brightness limitations that I could find in the code. Proper and enforceable brightness regulations are of - paramount importance to ensure proper regulation of electronic signs. The standards suggested are based on acceptable practices of the Illuminating Engineering Society of North America, and are scientifically -tested to ensure optimal brightness for safe viewing. L r 1alf(17A 2OL-3 Moll r. J111nl t13n TABLE OF CONTENTS INTRODUCTION...........................................................................1 The purpose of this Model Code Project................................................................... 1 TheProcess............................................................................................................ 2 Acknosvledgements.................................................................................................. 2 PART I. THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS.............................................................................. 3 Fundamental Considerations.................................................................................. 3 Principles of a Sign Code........................................................................................ 4 Description of the Typical CharacterAreas............................................................. 6 PART II. LEGAL CONSIDERATIONS........................................11 Local Government Kegulation of Business Signs .................................................... 11 Legal Issues in Re gulation of Business Signs......................................................... 14 PART III. MODEL REGULATORY GUIDELINES ...................25 Section 100. Purpose of the Kegulations................................................................ 25 Section 101. Measurement Standards................................................................... 26 101.01. Determining Sign Area and Dimensions ................................ 26 101.02. Determining Sign Height.......................................................... 29 101.03. Determining Building Frontages and Frontage Lengths...... 30 101.04. Length of Building Frontage .................................................... Section 102. Signs Permitted................................................................................ 30 31 Section 103. Development Standards.................................................................... 32 103.01. Wall signs..................................................................................... 32 103.02. Freestanding signs...................................................................... 38 103.03. Electronic Message/Changeable Copy Signs ......................... 41 103.04. Instructional signs...................................................................... 45 103.05. Window Signs............................................................................. 45 103.06. Temporary Signs......................................................................... 45 Section 104. Non -Conforming Signs..................................................................... 46 104.01. General Provisions..................................................................... 46 104.02. Limitations for Non -Conforming Signs ................................. 46 Section 105. Sign Review Procedures..................................................................... 47 Section 106. Supplemental Considerations............................................................ 48 106.01. Construction Standards............................................................. 48 106.02. Maintenance................................................................................ 49 106.03. Signs Exempt from the Regulations ........................................ 50 106.04. Prohibited Signs.......................................................................... 50 Section107. Definitions .......................................................................................51 APPENDIX.....................................................................................57 A. Examples of `2 andmark Status" Signs......................................................... 57 B. Methodology for Estimating the Appropriate Area of Freestanding Signs.......... 58 C. Sources............................................................................................................59 `*AW INTRODUCTION The purpose of this Model Code Project The purpose of this project is to convey to communities (Councils, planning commissions, appeals boards, and the administrative staff including planners) the appropriate framework for formulating on -premise sign regulations that fully respect the comprehensive purposes of signs from the perspective of both community and business interests. Among others, these purposes are: ■ To serve a legitimate business advertising function. • To use signs to identify and advertise a facility as a means of "way -finding" assuring that the signs efficiently direct the motorists from the highway/roadway to the adjacent facilities. ■ To assure that signs are sized and arranged to minimize clutter and prevent unsafe conditions. ■ To assure that signs and their message are of sufficient size to be legible and comprehendible by the intended audience which is typically a passing motorist. This document is most applicable to smaller communities — say those with populations up to several hundred thousand. These communities "typically" possess the variety of character areas that are the basis for this Model Code (See Part 1 . While larger cities may have many similar character areas they may 1 also have a wider variety of unique areas that warrant special considerations that are not addressed in this model. This document is particularly important since there is a prevailing community tendency to limit sizes of signs to the extent that they cannot be comprehended by the motorist on the adjacent highway; and to impose limitations based on concerns about traffic safety that cannot be readily supported. Therefore, to achieve the above fundamental purpose, it is also the purpose of this Model Code project to reduce the tensions between the community and businesses in a way that recognizes the importance of signs to the community and its businesses. Specifically, the additional purposes of this project are: ■ To achieve a reduced level of administrative and design review, and time periods for review, prior to a sign application being approved. ■ To assure that a reasonable time is provided for non-confonnmg signs to remain before they must be brought into compliance. ■ To encourage communities to acknowledge the importance and benefits of electronic message signs to the industry and businesses and that they can be accommodated without compromising the public's interests. INTRODUCTION ■ To convey to communities that to be The Signage Foundation Inc. located in Wash - effective, the bottom of the freestanding ington DC. The Signage Foundation Inc. is a sign (pole signs) must be above parked or non-partisan, not-for-profit 501© (3) public Iwo moving vehicles. Conversely, ground type foundation. Its purpose is to promote intelli- signs are often blocked by vehicles and gent and productive use of on -premise sig - landscaping. nage and storefront marketing to the benefit ■ To have communities realistically evaluate of every sector of the economy. their existing codes — particularly enforcement —rather than reaching a "knee The authors additionally wish to acknowledge jerk" conclusion that poor enforcement of and extend appreciation to the following indi- the existing regulations should trigger a new viduals and who provided valuable technical code with more restrictive regulations. assistance, technical resources, insight and review to the authors in creation of this Framework Model Code. This Code refers to local governments as "communities" or "cities". It is important to recognize, however, that local governments may have different legal structures with associated differences in their authority regarding land use regulation in various states. In particular, some local governments are municipal corporations which tend to have greater land use regulatory authority than unincorporated areas such as townships. Thus, it is important to determine the form of local government and the extent of that government's land use regulatory authority when considering the recommendations in this Model Code. The Process This document has been prepared by Alan C. Weinstein, Inc. in association with D. B. Hartt, Inc. Planning and Development Consultants with funding provided by the Signage Foundation. Technical assistance has been provided by an ad hoc review committee of the Signage Foundation. As this document was developed the Committee attended several review sessions with the Consultants to assure that the recommendations reflected a balance between the legitimate interests of the Signage Foundation and the communities in which signs are placed. Acknowledgements A FRAMEWORK FOR ON -PREMISE SIGN REG- ULATIONS was produced utilizing a grant from 2 Independent review and consultation was provided by Professor Menelaos Triantafillou Associate Professor, School of Design, Archi- tecture and Planning University of Cincinnati Cincinnati, OH The Framework Model Code Review Team Duane Laska North Shore Sign Co. Libertyville, IL Joe Rickman Atlantic Sign Media Burlington, North Carolina Roy Flahive Pacific Sign Construction San Diego, CA Cal Lutz DaNite Sign Co. Columbus, OH Steve Kieffer Kieffer and Company Sheboygan, WI Jim Groh Brilliant Electric Sign Company Cleveland, OH `.► A PART I. THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS Fundamental Considerations The basic regulatory framework (Part III) is guided by principles that have been developed by both planners and various groups within the sign industry. Over the last twenty or so years the standards applicable to each of these factors have been documented in several books and other publications. Additionally these principles were recently supported by the American Planning Association in its 2004 Planning Advisory Service Report No. 527, "Street Graphics and the Law." The purpose of this first section is to summarize the numerous interrelated factors that contribute to whether a sign is able to fulfill its primary purpose: to be able to be read by its intended audience. It is not our intention, however, to duplicate the extensive documentation that has been previously published and is available for further review. Some of these factors are related to the design of the sign itself; others are related to the sign's location which, likewise, influences its readability to the intended viewer — whether the viewer is a motorist on the adjacent road or a pedestrian on the adjacent street or even walking on the site of the business. With respect to sign design, readability and comprehension are influenced by: ■ The size of the lettering or logos — minimum size of the letters has been 3 established based on the distance that the viewer is from the sign. ■ The relationship of the lettering/logos — which is the message area - to the background area — often referred to as the "white space" or "negative space" - of the sign. ■ The thickness and spacing of the letters. ■ The number of elements — words, syllables, symbols, logos, etc. - that can be comprehended in the short period of time that the viewer (typically the motorist) likely has available. This is particularly relevant to wall signs that need to be seen and comprehended instantaneously. ■ Color contrasts between the message and the background. ■ Letter style. ■ Lighting. The number of elements that can be comprehended is also influenced by the familiarity of the message — the words, fonts, and logos. When a sign is familiar it is "taken - in" as a whole and, therefore, more information can be comprehended in the viewing time available. Since the motorist has a limited time to view the sign, particularly if multiple signs need to be visually scanned and sorted in the same time -frame, the signs must ■ Be within the viewer's "cone of vision" — both , to the side of the highway and vertically so the eyes and head of the motorist won't waiver too far from the roadway. THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS ■ Be at a height that will not be easily blocked by obstructions — mainly other cars and trucks on the roadway or parked nearby. ■ Have increased letter sizes when the signs are located father from the viewer who is typically on the adjacent street. All of these variables are important considerations in order to permit signs that "work" — i.e., achieve their intended purpose of being able to be read by their intended audience. Some of these factors influence the size of the sign. Other factors influence the quality of the sign's design, as in, for example, the relationship between the lettering and the background area of the sign. Even reasonable and thoughtful consideration of all of these factors does not dictate or suggest a single minimum size and height standard that should be incorporated in a community's sign regulation for each situation. However, the size and height ranges, included in the Model Regulatory Guidelines, Part III of this document, represent reasonable parameters that satisfy the criteria referred to above, for those signs that incorporate the "normal range" of words and elements that are needed and expected, and balance public and private interests. The community must be cognizant of all of these factors, including considering the ranges in Part III when formulating new or amended sign regulations. developments, institutional and public uses (including those public and institu10) - tional uses that are typically in residential districts), and entry signs for large subdivi- sions. 2. Include regulations for other "attention getting devices" such as balloons, banners, etc. 3. Include all of the following: ■ A statement of the purposes to be achieved ■ Definitions ■ Standards for measuring sign areas ■ Regulations governing sign placement, height, and area ■ Enforcement ■ Regulations for temporary signs ■ Prohibited signs ■ Regulations for non -conforming signs ■ Administrative provisions, variances and appeals 4. Principles of a Sign Code Based on the preceding fundamental consid- 5 erations, the following are the important prin- ciples that should guide the development of all sign codes. The sign code should: 1. Include regulations for all types of on - premise signs, including: commercial (of- fice, retail, etc.), industrial, multi -family 4 Be content -neutral to the greatest degree practicable so as to avoid favoring some types of signs — or sign users — over oth- ers. This means that sign regulations will not be based upon a sign's message. In- stead, the regulations will be based upon the sign's function and its placement on the building or site. The meaning and im- plications of "content neutrality" are fur- ther explained in Part II of this document Include standards that address the variety of use/character areas that are typically found in communities. This framework document cannot address the specific zoning districts for a community since they vary so widely from community to community. This document, however, does describe "typical character areas" and the suggested standards for each area, to be used as a guide in determining for 9 P9 THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS themselves what precise standards are best administer because each time a new sign is for their community. Related to this, it is requested, zoning administrators have the possible, even likely, that communities of responsibility to monitor how the site's, or different sizes (with different characteris- each tenant's, sign allotment has been dis- tics) may legitimately advance different tributed among the various sign type and sign regulations, even when the zoning location possibilities. This is particularly districts in the distinctly different corn- cumbersome for multiple tenant proper- munities are similar. The typical character ties when tenant signs routinely change areas, which are described more fully in and the historical records may not clearly the next section, include: document the available sign area alloca- ■ Downtowns. tions for new proposals. The separate • Small Localized Retail areas that are formulas are more easily monitored, even likely to be in close proximity to resi- over time, when the historical records may dential areas and which are typically not be clear. characterized by: • Having a traditional neighborhood 7. Establish the area and height requirements form or for wall and freestanding signs based • Being a more "suburban style" on the "nature and character" of the Cha - center. racter Areas. In all cases, however, the ■ General Commercial Areas along ma- signs shall be in such location and of such jor arterials. size so the sign message is easily discerned ■ Highway/ Interchange Commercial. and the intended audience, generally the ■ Office Districts. passing motorist, can react and make ne- ■ Industrial Parks. cessary traffic maneuvers safely. ■ Mixed Use Developments. 8. Have procedures that permit bonuses to 6. Have separate requirements for different sign areas, sign height, and number of types of signs (e.g. wall signs, free standing signs based on unique design considera- signs, projecting signs, and window signs) tions when such additional signage will not compromise the public interest or not because each type of sign has different set a precedent that could then be re - needs and impacts from the others. This quested and applied routinely in other is in contrast to a single maximum allow- more conventional locations in the com- ance for signage on each site that can be divided or shifted between wall and frees- munity. tanding signs. This approach insures that 9• Consider the need to establish a reasona- both wall and freestanding signs are in ble program for the elimination of legal - proportion to the building and/or the site. non -conforming signs (e.g. amortization) Otherwise, for example, if a code allows provided: most of the total permitted sign area for a ' The time for removal is 10 years or site to be on the freestanding sign, the longer; freestanding sign(s) could be too large for • The Code incorporates provisions that the site. permit the extension of the time limits In addition, the "single allocation" ap- for compliance based on considera- proach to sign regulation is difficult to tions such as the value of the sign and 6� THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS the length of time the sign has been in place; the amount of depreciation claimed; the length of the current lease or expected occupancy; the degree of non-compliance; and ■ The owner or tenant is permitted to replace the panels/inserts on non- conforming signs when uses or owner- ship is changed and there is no other change, such as structural change to the existing non -conforming sign; and ■ The provision is made for signs that have landmark status (see also Appen- dix A). The amortization of non -conforming signs is far less an issue for both the business and the community when the sign regulations com- port with the principles and suggested stan- dards in this model. Description of the Typical Character Areas The Model Code will develop the suggested regulations for each of the typical "character areas" described herein. These character areas have been selected because they incorporate the diversity of development patterns that gen- erally prevail in most communities — both large and small. The needs of special districts, such as entertainment districts (e.g. Las Vegas, Times Square), tourist destinations (e.g. Carmel Cali- fornia, Disney World), historical districts (e.g. Gettysburg, Charleston) or neighborhood con- servation districts, which may occur in a few selected locations, are not included in this doc- ument. The unique characteristics of these areas are not typical of the vast majority of the communities across the United States and therefore, the sign regulations require unique attention to adequately address the local needs. Downtown — In traditional downtowns, build- ings are primarily placed at the street line with the parking to the rear or in parking decks. The building width extends across all, or at least 6 most, of the lot frontage. The buildings could be multiple stories with, typically, retail on the first floor and residential or offices above. Downtown Small, Localized Retail — These are usually older commercial areas that may have one of the following two characteristics: ■ The retail areas are generally older and have the traditional neighborhood form. That is, the form and character are similar to a traditional downtown. These commercial areas are often located in close proximity to and thus convenient to surrounding residential areas. Although these areas are smaller than downtowns, their form and design characteristics are similar; therefore, the permissible sign al- lowances should also be similar. ■ However, some of these small commercial areas may be newer and have been devel- oped with what is now considered the suburban form. These are similar to the general commercial areas, described be- low, except that these more localized commercial areas are apt to be on more minor streets and will likely be in close proximity to residential areas. 19 v THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS Traditional Neighborhood Form Suburban Form General Commercial Areas — The buildings are typically setback from the street with park- ing in the front of or surrounding the build- ing. These commercial areas are usually on a major arterial street. The commercial area often includes a variety of large and small fa- cilities. Multiple commercial facilities may be grouped on a single site or single businesses may be developed on an independent site. i Typically these areas are comprised of one story buildings. General Commercial Highway/Interchange Commercial — These commercial areas are similar in ar- rangement to a General Commercial Area ex- cept they are located at freeway interchanges. Uses are more apt to be a concentration of highway service uses - such as motels, restau- rants, and gasoline service stations - that ex- pect a significant customer base from the passing motorists on the freeway. This com- pares to the general retail which expects its support primarily from the surrounding mar- ket area. THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS Highway/Interchange Commercial Office Districts — Generally, office districts are a concentration of multiple story office buildings in a campus atmosphere even if the multiple adjacent sites are in separate owner- ships. Buildings are typically setback from the road and each site has its own requisite park- ing to meet its needs. Office concentrations are most often located on a major arterial and near freeway interchanges providing conve- nient access throughout the region. Office areas may include supporting retail services. Ofce Park Industrial Parks — Generally, industrial parks are a concentration of single story industrial buildings in a campus atmosphere even if the multiple adjacent sites are in separate owner- ship. Industrial parks are usually on or near a E:3 major arterial. The parks may have a combi- nation of large and small buildings and sites. Industrial Park Mixed Use Developments — Mixed use de- velopments are multiple story buildings with a mix of retail, office and residential uses inte- grated into the same building. Retail is en- couraged or required on the first floor with the offices or residential above. A mixed use development may be designed with or as part of a traditional neighborhood form or as a more typical suburban configuration. Mixed Use Development 19 P] THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS The Relationship Between Highway Cha- racteristics and Sign Standards The foregoing principles and implementation of the model regulations (Part III) can be ac- complished without compromising any legiti- mate public health and safety purposes even when the regulations are related to the charac- ter areas and not the highway's characteristics. Governing the sign standards solely by road factors such as the speed of traffic or the number of lanes creates both administrative and political difficulties if the road conditions or characteristics were to change. Therefore, the wiser approach is to regulate the size and height by "character districts". Even with road changes, the signs will be approximately the right size and height. The sizes and heights for the various signs recommended in these guidelines are based on previous studies that have documented the letter height, design clarity, and areas needed to assure that the signs can be read and com- prehended. These sources are included in Appendix C. G] C PART II. LEGAL CONSIDERATIONS local business sign regulation is to re - Local Government Regulation of Business quire a business to obtain a permit Signs prior to erecting a new sign or modify- ing the structure of an existing sign. 1. Overview Obviously, a permit is issued only Local government authority to regu- when the proposed sign or modifica- late signs is based on the "police pow- tion complies with the provisions in er." "Police power" is a shorthand the code. In some communities, the term for government's authority to sign regulations also require periodic enact laws and regulations to preserve examination of existing signs to insure public order and harmony and to they are properly maintained. promote the public health, safety and welfare. Zoning and other local regu- 2. Regulation of Size, Number and latory powers are derived from the Location of Business Signs "police power." As previously noted, a sign code will normally regulate the location, num- Local governments routinely regulate bet, size, etc. of business signs. It is signs through either a "sign code" or- common for sign regulations to vary dinance or provisions for sign regula- depending on the zoning district in tion in a zoning ordinance. While sign which a business is located. For ex - regulations apply to several different ample, businesses located in a "High - types of signs, including "on -premise" way Business" District might be al - residential, institutional and business lowed larger or higher signs than signs and "off -premise" outdoor ad- businesses located in a "Local Busi- vettising signs (commonly called bill- ness" District. Such differences in boards), this discussion is limited to regulatory treatment between districts the regulation of "on -premise" busi- may be justified by differences in such factors as the size and speed of the ness signs. districts' roadways or the typical set - Sign regulations normally place limits backs from the right-of-way in the Bis- on the location, number, size (both in trict. In some instances, variations in area and height), and illumination of regulatory treatment depend on the business signs. They also specify nature of the business itself; i.e. one standards for the construction, erec- type of business (e.g., an auto dealer - tion, and maintenance of sign struc- ship) may be allowed more or bigger tures. The basic enforcement tool for signs than another type of business (e -,g., an appliance store); in some cases 11 LEGAL CONSIDERATIONS the signs should reflect the site's acreage and not merely based on road frontage. As we discuss later, howev- er, regulatory distinctions based on the type of business can raise significant legal issues. 3. Permit Application Requirements Almost all sign codes require that a business apply for and obtain a permit before erecting or modifying a "per- manent" business sign. It is not un- usual, however, for sign codes to ex- empt from these permit requirements certain "temporary" business signs that will be displayed for a relatively brief period. For example, many sign codes allow a business to display a vinyl or cloth banner advertising a special event (e -,g., "Annual Sale" or "Model -year Closeout") for periods ranging from a few days to several months. Most sign codes also totally exempt signs displayed inside store windows from the permit requirement (at least up to some maximum percen- tage of the window area, e.g., 25% or 35%) and such signs may remain in place indefinitely. The permit process usually begins with the applicant obtaining a permit application from a zoning or building official in the local government office. Permit applications normally require the applicant to submit various infor- mation related both to the construc- tion and installation of the sign and the site where it will be installed or erected. Submission requirements will vary from community to community. For example, while some codes will require only a sketch or photograph of the property where a sign will be in- stalled, others require the submission 12 of a formal site plan. The application must be filled out completely and ac- curately, and the accompanying appli- cation fee paid in full, before the ap- plication will be reviewed. 4. Permit Review Procedures There are two basic procedures for lo- cal government review of a sign per- mit: administrative approval, which stresses quantitative criteria, and de- sign review, which goes beyond quan- titative criteria to consider qualitative guidelines. Administrative approval involves a straightforward objectively based deci- sion. An administrator reviews a per- mit application to determine if it complies with the numerical standards stated in the sign code and approves or rejects the application based on whether the proposed sign will be in compliance. Design review, in contrast, supple- ments numerical standards with qua- litative guidelines that attempt to "fine-tune" sign approval decisions by evaluating the relationship between any given sign and its proposed site based on specified criteria. For exam- ple, a design review process might try to achieve greater "compatibility" be- tween structures and signs by adding design standards related to sign mate- rials, lighting and design. Proponents of design review claim that the addi- tion of this discretionary process promotes creativity by applicants and permits greater flexibility in sign ap- proval. Critics of design review argue that the process creates uncertainty about permit approvals and signifi- F] LEGAL CONSIDERATIONS cantly increases both the cost and time required to obtain a permit approval. It is possible, however, to have an op- tional design review process, one that is voluntarily entered into by appli- cants, rather than a mandatory one. This option allows the applicant to choose between designing a sign strictly according to numerical stan- dards (which sometimes are very re- strictive) or going through a design review process that allows for larger signs, more flexibility, or both. For example, the numerical standard for a projecting sign might consist of a maximum allowable area of "x" square feet. This would probably produce a simple, rectangular sign, maximizing the copy area. Such a sign might say "Elder Day Club." Under an optional design review process, the sign area could be increased by a certain per- centage. But the sign would need to include a unique, eye-catching logo that would add liveliness to the streetscape. Such a method rewards both businesses and sign producers for creative efforts. v 13 Illustration of bonus area for creative, `eye- catching' logos 5. Sign Variances A variance is a legal device that allows a local government to provide a prop- erty owner with relief from the normal application of some restriction in the zoning code, such as minimum lot or building size, height limits, or setback requirements. Variances are granted when government determines that there are special circumstances, unique to the property in question, that would create practical difficulties if the zon- ing code were enforced as written. Requests for a variance due to the pe- culiarities of the property involved are also appropriate when sign regulations are applied to specific properties. A commonly occurring situation is where adherence to the sign code would seriously compromise the visi- bility of a sign and thus potentially harm the economic viability of the business. This situation can occur, for example, where a significant grade dif- ference exists between the property and an adjacent or nearby street or highway from which the business is LEGAL CONSIDERATIONS expected to draw significant vehicular traffic, and a business sign limited to the height, type, or location permitted by the ordinance would not be fully visible from that street or highway. In such cases, there is little reason why a variance increasing the allowable height of the sign should not be granted. In California, the problem posed to businesses by the situation described above was addressed by the state legis- lature in a statute that provides: Re gardless of any other provision of this chapter or other lase, no city or county shall require the removal of any on premises adver- tising display on the bases of its height or si.Ze by requiring conformance with any ordinance or regulation introduced or adopted after March 12, 1983, if special topographic dr- cumstances would result in a material im- pairment of visibility of the display or the owner's or user's ability to adequately and ef- fectively communicate with the public through use of the display. Under these circumstances, the owner or user may maintain the advertis- ing display at the business premises and at a location necessary for continued public visibil- ity at the height or si.Ze at which the display was pretiousyerected and, in doing so, the owner or user is in conformance. Legal Issues in Regulation of Business Signs 1. Overview While there can be no doubt that, as a general matter, "police power" autho- rizes local government regulation of business signs, specific regulations may be unlawful because they violate 1 California Business and Professions Code Section 5499. 14 rights guaranteed by the federal, or a ANIL state's, constitution or those granted by federal or state statutes. The most common legal concerns about the validity of a local govern- ment's regulation of business signs are based on one or more of the following constitutional provisions and statutes which are discussed below: a. The First Amendment's guarantee of "freedom of expression." b. The Fifth Amendment's (or a state law's) protection of property rights. c. The Fourteenth Amendment's separate guarantees of due process of law and equal protection under the law. d. The Lanham Act's protection of 1j federally registered trademarks. 2. First Amendment Issues: Content - Based vs. Content -Neutral Sign Regulations The single most important concern in sign regulation is whether the regula- tion is "content -based" versus being "content -neutral." A content -neutral regulation will apply to a sign regard- less of the content of the message dis- played. The most common form of content -neutral regulation is so-called "time, place or manner" regulation which, as the name suggests, does no more than place limits on when, where, and how a message may be displayed on a sign. In contrast, a sign regulation that bases the regulatory treatment of the sign on the content of the message displayed — or the LEGAL CONSIDERATIONS (. identity of the entity displaying the sign — is "content -based." Provisions in sign ordinances that are content - based are not invalid per se. Rather, courts apply a more stringent level of judicial review to provisions in sign ordinances that are content -based (strict scrutiny) vs. provisions that are content -neutral (intermediate scruti- ny). When local governments enact sign regulations that are entirely — or even predominantly — content -neutral, courts have little difficulty upholding the regulations against a legal chal- lenge. Conversely, content -based regu- lations that are found to regulate on the basis of content in a manner that allows for any degree of "censorship" (i.e., preferring some kinds of sign content over other kinds), have been ruled invalid. Recent rulings where courts have struck -down content -based sign codes include cases from Ohio,2 Michigan,' and Washington.' One case, from the Cleveland, Ohio suburb of North Olmsted, was a particularly egregious example of content -based provisions. The district court's decision provided several examples of the way the use classifications categorize, define, and/or limit signs by their content. One example noted that a "directional sign" in front of a business could con- tain words such as "Enter Here" or 2 North Olmsted Chamber of Commerce v. City of North Olmsted, 108 F.Supp.2d 792 (N.D. Ohio 2000) and = of Ohio, Inc. v. City of Broadview Heights. 341 F.Supp.2d 765 (N.D. Ohio 2004). 3 King Enterprises v. Thomas Township, 215 F.Supp.2d 891 (E.D. Mich. 2002) 4 Ballen v. City of Redmond. 466 F.3d 736 (9th Cir. (W 2006). 15 "Entrance," but could not display the McDonald's "golden arches" logo or the words "Honda Service." A second described how an "identification sign" could include only the "principal types of goods sold or services rendered" but "the listing of numerous goods and services, prices, sale items, and telephone numbers" was prohibited; thus, a Dodge dealership's sign could display its name - Great Northern Dodge - but was prohibited from dis- playing the "Five Star Dealer" desig- nation it had been awarded by the Daimler -Chrysler Corporation. Directional sign with logo. North Olmsted's con- tent -based sign code would not allow this sign be- cause it includes McDonald's `golden arches" .. . even though that feature could enhance trafc safety without signicanty a ecting aesthetics. But where a sign code's "content" provisions were far less egregious, and intended to make the sign code more "workable," rather than to censor, courts have rejected challenges based on the claim that a sign code con- tained content -based provisions. Re- cent examples of these decisions in- clude cases from Maine,' Oregon,' 5 B&B Coastal Enterprises, Inc. v. Demers, 276 F.Supp.2d 155 (D. Maine 2003). 6 G.K. Ltd. Travel v. City of Lake Oswego, 436 F.3d 1064 (9th Cir. 2006). LEGAL CONSIDERATIONS and Pennsylvania.' The position of the courts in these cases has been that local government needs some leeway in navigating the dangerous passages of First Amendment law. Thus, when there are a limited number of content - based provisions that are not intended to censor or restrict speech, courts are tending to uphold the code against a challenge that it is unconstitutionally content -based. 3. First Amendment Issues: Sign Permitting Procedures as an Unlawful Prior Restraint This issue is related to the content - neutral issue above. When a govern- ment regulation requires an official approval as a pre -condition to "speak- ing" — for example, displaying a sign — courts are concerned that the approval requirement could be an unlawful "prior restraint" on freedom of ex- pression by prohibiting or unnecessa- rily delaying the communication. Ob- viously, a sign code requirement that a permit must be obtained to display a sign raises concerns about the prior restraint issue. If a sign code is con- tent -neutral, it is highly unlikely a court will find an unlawful prior re- straint; however, courts are far more likely to find that the permitting process for signs is an unlawful prior restraint if a sign code is found to be content -based Recent court decisions involving prior restraint challenges to reasonable sign permitting procedures in cases where the code is content -neutral, have al- most uniformly upheld reasonable procedures under the rationale an- nounced by the U.S. Supreme Court ' Riel v. City of Bradford, 485 F.3d 736 (3d Cir. 2007) 16 in a 2002 case, Thomas v. Chicago Park District.' These recent decisions have also shown that courts are reluctant to strike down a permitting procedure based merely on a claim that the pro- cedure could be — rather than has been — used to discriminate among applicants. For example, in a case from Florida,' the plaintiff argued that the lack of specific time limits in the city's sign ordinance conferred excessive discre- tion on city officials, thereby poten- tially chilling speech before it occurs. While acknowledging the possibility city officials could delay the processing of certain permit applica- tions, and thereby arbitrarily suppress disfavored speech, the court con- cluded that "[w]e will not, however, address hypothetical constitutional vi- olations in the abstract. As the Su- preme Court noted in Thomas, we be- lieve 'abuse must be dealt with if and when a pattern of unlawful favoritism appears, rather than by insisting upon a degree of rigidity that is found in few legal arrangements.' "quoting Thomas v. Chicago Park District. 4. First Amendment Issues: Total Prohibition on a Category of Signs Sign codes can be subject to strict scrutiny when they impose a total prohibition on an entire category of signs, even where the regulation is not content -based. In a 1994 case,10 the U.S. Supreme Court struck down a to- tal prohibition on lawn signs in a St. Louis suburb's sign code. Even 8 534 U.S.316 (2002). 9 Granite State Outdoor v. City of St. Petersburg, 348 F.3d 1278 (11th Cir. 2003). to City of Ladue v. Gilleo, 512 U.S. 43 (1994). 9 PE LEGAL CONSIDERATIONS though the code did not regulate the signs based on their content, the Court ruled that the signs homeown- ers place on their lawns constitute an important and distinct medium of ex- pression for political, personal or reli- gious messages. Thus, the city's total ban on such signs, in conjunction with the city's failure to provide adequate substitutes for such an important me- dium, was an unconstitutional restric- tion on expression. what forms of expression are re- stricted and (2) laws that legitimately regulate certain forms of expression are not so broadly written that they al- so illegitimately regulate other types of expression. These two principles are closely related, and courts often find that an ordinance violates both; how- ever, there have been very few suc- cessful challenges to on -premise sign codes based on vagueness and over - breadth. Challenges to a complete ban on pole 6. Fifth Amendment Issues: Removal signs have had mixed results depend- and Amortization of ing on the specific facts in the case. Nonconforming Signs In the previously noted North Olmsted Provisions for the removal — or com- case, an Ohio federal district court ing into compliance -- of noncon- found that a selective ban on pole forming signs are normally included as signs that carried commercial messag- part of a sign ordinance. Examples of es was unconstitutional. But a Ninth limitations on a nonconforming sign Circuit Court of Appeals case from a that are clearly lawful include: a prohi- Portland, Oregon suburb" found that bition on increasing the area or height �r a content -neutral prohibition on pole of a nonconforming sign and requir- signs was permissible. ing that a replacement sign structure conform to the new regulations when 5. First Amendment Issues: a nonconforming sign structure is re - "Vagueness" and "Overbreadth" moved. Even where a sign regulation is oth- erwise valid, it may be struck down if As a general matter, local govern - a court finds the language so vague ments in most states may require time - that it is unclear what type of expres- ly compliance with all land develop- sion is actually regulated or so broadly ment regulations so long as due regard worded that it has the effect of re- is given to substantial investments. stricting speech to a greater extent Courts generally agree that local gov- than necessary to achieve the goals of ernments may validly require owners the regulation. of nonconforming structures and uses to bring them into compliance upon These two principles - termed "void the happening of prescribed events. for vagueness" and "overbreadth" — For example, conformity with the sign require that government regulation of ordinance may be required as a pre - expression be precise. This insures condition to expanding the noncon- that: (1) individuals will know exactly forming sign, as a precondition to re- construction of the sign after its sub- G.K. Ltd. Travel v. City of Lake Oswego, 436 F.3d stantial destruction, before taking ac - 1064 (9t` Cir. 2006) 17 LEGAL CONSIDERATIONS tion that would extend the life of the nonconforming sign and after the sign has been abandoned. Many codes also require that a sign be brought into conformity if there is a change in the message displayed on the sign. Court decisions are mixed on whether such a provision is content - based. There are several state court decisions that have ruled such a provi- sion is unlawful, including cases from Alabama," Arizona," New Hamp- shire,14 New Jersey,15 and New York.' Such a provision was recently upheld, however, by the Ninth Circuit in a case from a Portland, Oregon sub- urb.17 Regardless of whether such a provi- sion is adjudged content -neutral; how- ever, there is really no compelling ar- gument in favor of cutting short the non -conforming status of a sign ab- sent a simultaneous change in owner- ship of the business and the sign face. Otherwise, the retention of non- conforming status can be more a mat- ter of luck than anything else. For ex- ample, as actually happened in the North Olmsted case, a Chrysler dealer lost the non -conforming status of a sign when the corporate name changed to Daimler -Chrysler while the 12 Budget Inn of Daphne, Inc. v. City of Daphne, 789 So.2d 574 (Ala. 2000). 13 Motel 6 Operating Ltd. Partnership v. City of Flags- taff, 195 Ariz. 569, 991 P.2d 272 (1999). 14 Ray's Stateline Market, Inc. v. Town of Pelham, 140 N.H. 139, 665 A.2d 1068 (1995). 15 Rogers v. Zoning Bd. of Adjustment of the Village of Ridgewood, 309 N J.Super. 630 (App.Div. 1998), affd 158 NJ. 11, 726 A.2d 258 (NJ. 1999). 16 Kevin Gray East Coast Auto Body v. Village of Nyack, 566 N.Y.S.2d 795 (N.Y.App.Div. 1991). 17 G.K. Ltd. Travel v. City of Lake Oswego, 436 F.3d 1064 (9th Cir. 2006). 18 Toyota, Ford, Buick, etc. car dealers' signs retained their non -conforming status because there were no corpo- rate name changes. Amortization is another widely used technique to effect the removal of nonconforming signs. Amortization provisions normally permit a noncon- forming sign to remain in place for a sufficient period to amortize its cost before requiring its removal. Except where there is an express statutory re- quirement that "just compensation" be paid, the majority of courts have been willing to allow the use of amor- tization as a constitutionally accepta- ble method for achieving the removal of nonconforming signs and amortiza- tion periods ranging from ten months to ten years have been upheld by state and federal courts. While amortization has been upheld as a general matter, it is important that any amortization requirement contain an appeal provision that allows the owner of a specific sign to obtain an extension of the period required to come into conformity by demonstrat- ing it would be a financial hardship to meet the original requirement. Com- munities may also want to consider whether placing an amortization pro- vision in a sign ordinance simply sends the wrong message to business- es; that is, if the prospect exists that a business may be forced to replace its signage, it will have little incentive to install signs that are well -crafted and aesthetically pleasing. LEGAL, CONSIDERATIONS 7. Fifth Amendment Issues: Sign Permitting Fees Local government may lawfully charge a sign permit fee so long as the amount of the fee is reasonably related to the costs actually incurred in the administration and enforcement of the permit system. In other words, it is legal to require sign owners to pay all reasonable costs incurred by a local government associated with the opera- tion of a sign code, including permit- ting requirements and enforcement. For example, this includes the admin- istrative costs for processing and re- viewing applications and renewals, and the cost of inspections, such as the salaries of inspectors. Note, however, that if a sign permit fee is challenged, local government will bear the burden of proving that the fee charged bears a reasonable re- lationship to the actual costs of admi- nistering the permit system. If the fee has been calculated properly, this is not a problem, but courts will invali- date sign permit fees if a local gov- ernment fails to show that the fee was reasonably related to the costs of en- forcement.18 8. Fourteenth Amendment Issue: Challenging Aesthetics and Traffic Safety In its first ruling on a broad-based challenge to a local sign code,' the U.S. Supreme Court ruled that local governments could normally regulate signs based on concerns about traffic 18 See, e.g., South Suburban Housing Center v. Greater South Suburban Bd. of Realtors, 935 F.2d 868 (71' Cir. 1991). 19 Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981). 19 safety and aesthetics without having to provide any evidence that their sign regulations in fact served those inter- ests. After that decision, courts were extremely deferential to government claims that its regulations are based on aesthetics and/or traffic safety con- cerns. Some recent decisions, however, have looked more closely at government's claim that its sign regulations are easily justified merely by reference to traffic safety and aesthetics as substantial go- vernmental interests. In a recent case from a Cincinnati, Ohio suburb ,20 the majority of the judges on a federal appeals court ruled that a village could not justify its re- strictions on "for sale" signs posted on vehicles merely by citing Metrome- dia's approval of aesthetics and traffic safety concerns as justifying sign regu- lations. The majority noted that the Metromedia court had declined to disag- ree with the "accumulated common- sense judgments of local lawmakers and of the many reviewing courts [that found] that billboards are real and substantial hazards to traffic safety;" but in this case, the record demon- strated "no comparable legislative or judicial history supporting the conclu- sion that restrictions placed on `For Sale' signs posted on vehicles address concrete harms or materially advance a governmental interest." 21 The dissenting judges in this case ar- gued that requiring any evidence that the prohibition substantially advanced the government's interest in traffic 20 Pagan v. Fruchey, 492 F.3d 766 (6th Cir. 2007). 21 492 F.3d at 774-75. LEGAL CONSIDERATIONS safety would burden government with adopted in a 1993 case from Cincin- "pointless formalities." Rather, the nati.25 dissenters claimed "The justification for forbidding the placement of for- Other recent decisions, however, have sale automobiles on the public streets followed Metromedia's deferential — for inspection by potential buyers — stance. In particular, two recent cases is simply obvious: people may be have upheld bans on electronic mes- drawn to stand in the street for non- sage centers (EMCs) by accepting the traffic purposes."22 local governments' assertion that the ban served traffic safety and aesthetic In another case,23 a federal district interests without requiring any eviden- court ruled that a Los Angeles ban on tiary showing from the local govern - new billboards did not directly ad- ments. 26 vance the city's claimed interests in traffic safety and aesthetics given the 9. Fourteenth Amendment Issue: city's exempting from the ban new Permit Review Procedures off-site signs on thousands of kiosks, There are two basic procedures for lo - transit shelters and benches from cal government review of a sign per - which the city would derive revenue. mit: administrative approval, which stresses quantitative criteria, and de - In an associated case from a Seattle sign review, which goes beyond qua- suburb,24 the sign code had a restric- litative criteria to consider qualitative tion on portable signs that had nu- guidelines. merous exemptions, including one for real estate signs. The regulation was Administrative approval involves a challenged by a store owner who had straightforward objectively based deci- hired an employee to stand on the si- sion. An administrator reviews a per- dewalk wearing a sign to attract the at- mit application to determine if it tention of motorists. While the federal complies with the numerical standards appeals court acknowledged that the stated in the sign code and approves challenged regulation served the city's or rejects the application based on interests in aesthetics and traffic safe- whether the proposed sign will be in ty, it ruled that the city's failure to compliance. demonstrate why real estate signs compromised those interests so little that they could be lawfully displayed meant that the regulation failed under what is knows as the "reasonable fit" 25 City of Cincinnati v. Discovery Network, Inc., 507 analysis, which the Supreme Court U.S. 410 (1993). 26 See, Naser Jewelers, Inc. v. City of Concord, 2008 WL 276529 (D.N.H.), aft, 538F.3d 17 (VI Cir. 2008) and Chapin Furniture Outlet v. Town of Chapin, 2006 WL 2711851 (D.S.C.), vacated and remanded for dismissal on 22 492 F.3d at 779. othergrounds, 2007 WL 3193854 (0' Cir.); Marras v. City 23 Metro Lights, L.L.C. v. City of Los Angeles, 488 of Livonia, 575 F.Supp.2d 807 (E.D. Mich. 2008); Carl- F.Supp.2d 927 (C.D. CA 2006). son's Chrysler v. City of Concord, 938 A.2d 69 (N.H. 24 Ballen v. City of Redmond, 466 F.3d 736 (9th Cir. 2007). 2006). 1.804 20 LEGAL CONSIDERATIONS Design review, in contrast, supple- design review process, the sign area ments numerical standards with qua- could be increased by a certain per- litative guidelines that attempt to centage. But the sign would need to "fine-tune" sign approval decisions by include a unique, eye-catching logo, evaluating the relationship between such as a jumping fish, that would add any given sign and its proposed site liveliness to the streetscape. Such a based on specified criteria. For exam- method rewards both businesses and ple, a design review process might try sign producers for creative efforts. to achieve greater "compatibility" be- tween structures and signs by adding 10. Fourteenth Amendment Issue: Sign design standards related to sign mate- Variances rials, lighting and design. A variance is a legal device that allows a local government to provide a prop - Proponents of design review claim erty owner with relief from the normal that the addition of this discretionary application of some restriction in the process promotes creativity by appli- zoning code, such as minimum lot or cants and permits greater flexibility in building size, height limits, or setback sign approval. Critics of design review requirements. Variances are granted argue that the process can become when government determines that unduly subjective — or even "mask" there are special circumstances, unique other agendas — and even when rela- to the property in question, that would tively well -administered it can create create practical difficulties if the zon- uncertainty about permit approvals ing code were enforced as written. and significantly increase both the cost and time required to obtain a permit Requests for a variance due to the pe - approval. culiarities of the property involved are also appropriate when sign regulations It is possible, however, to have an op- are applied to specific properties. A tional design review process, one that commonly occurring situation is is voluntarily entered into by appli- where adherence to the sign code cants, rather than a mandatory one. would seriously compromise the visi- This option allows the applicant to bility of a sign and thus potentially choose between designing a sign harm the economic viability of the strictly according to numerical stan- business. This situation can occur, for dards (which sometimes are very re- example, where a significant grade dif- strictive) or going through a design ference exists between the property review process that allows for larger and an adjacent or nearby street or signs, more flexibility, or both. For highway from which the business is example, the numerical standard for a expected to draw significant vehicular projecting sign might consist of a traffic, and a business sign limited to maximum allowable area of "x" square the height, type, or location permitted feet. This would probably produce a by the ordinance would not be fully simple, rectangular sign, maximizing visible from that street or highway. In the copy area. Such a sign might say such cases, there is little reason why a "Sam's Seafood." Under an optional variance increasing the allowable (W 21 LEGAL CONSIDERATIONS height of the sign should not be granted. 11. Lanham Act Issue: Protection of Federally -registered Trademarks The federal Lanham Trademark Pro- tection Act provides substantial legal protection to companies that have registered their trademark logos, sym- bols and colors with the federal gov- ernment. In 1982, Congress amended the Act (15 U.S.C. § 1121(b)) to pro- hibit the enforcement of state or local regulations that would require the "al- teration" of a federally registered trademark. Local government sign regulations can implicate the Lanham Act whenever they require a business owner to change the color, typescript, or shape of a registered trademark displayed on a business sign. The ability to display a trademark on a business sign with- out "alteration" is important to busi- ness owners, of course, because it al- lows them to take full advantage of the national advertising and business goodwill associated with the unaltered trademark. Example of a typical coTorate trademark While the language in the 1982 Amendment prohibits state and local 22 governments from requiring the "alte- ration" of a trademark, the Amend10 - ment does not specifically mention sign regulations. As a result, the two federal appellate courts that have con- sidered Lanham Act challenges to lo- cal sign regulations have reached op- posite decisions. In a case from a suburb of Rochester, New York,27 the federal appeals court for the Second Circuit rejected a Lanham Act chal- lenge to a local sign code that required a business owner to change the color or some other element of a federally registered trademark. But in a case from Tempe, Arizona,28 the federal appeals court for the Ninth Circuit upheld such a challenge. Thus, for the moment, the only busi- ness owners who are assured they have the right to display a federally registered trademark on their business signs are those in states comprising the Ninth Circuit Court of Appeals: California, Oregon, Washington, Ari- zona, Nevada, Idaho and Montana, plus Alaska & Hawaii. Business own- ers in states comprising the Second Circuit Court of Appeals -- New York, Connecticut & Vermont — clearly have no such protection, while business owners in all other states lack clear guidance on whether they are or are not protected by the Lanham Act. Despite the legal uncertainties outside the Ninth and Second Circuits, from a traffic safety standpoint there is little to be said for any local regulation al- tering a trademark/logo on a sign. 27 Lisa's Party City, Inc. v. Town of Henrietta, 185 F.3d 12,15 (2d Cir. 1999). 21 Blockbuster Videos, Inc. v. City of Tempe, 141 F.3d 1295 (9th Cir. 1998). LEGAL CONSIDERATIONS Such logos, with their distinctive col- ors and designs, are easily and quickly recognized by motorists and allow for quick decision-making, and thus safe traffic maneuvers, while driving. 12. Note on Availability of Damages and Attorneys' Fees Under 42 U.S.C. § 1983 When a local government violates an individual's constitutional rights, that individual is entitled to sue the local government in federal court under a federal statute, Section 1983 of the Civil Rights Act of 1871.29 Section 1983 clearly applies when local gov- ernment unlawfully interferes with a business owner's property and/or first amendment rights associated with a lawfully erected business sign. In ad- dition to making municipalities poten- tially subject to money damages for violation of a business owner's consti- tutional rights,30 a successful demon- stration of a violation of constitutional rights pursuant to a Section 1983 claim may entitle the injured party to attorneys' fees31 and punitive damages, 29 The statute provides that every "person who under color of any statute, ordinance, regulation, custom, or usage of any State ... subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress...." 42 U.S.C. 4 1983. 30 Section 1983 provides that parties sued under the statute "shall be liable to the party injured in an action at law" and the Supreme Court has ruled that, by anal- ogy to the common law of torts, damages are available for a "constitutional tort" under this section; see Carey v. Piphus, 435 U.S. 247 (1978). 3142 U.S.C. 4 1988 provides that reasonable attorneys' fees and costs may be awarded to the prevailing party in a lawsuit brought under 42 U.S.C. § 1983. Thus, for example, in a case from a suburb of Cleveland, Ohio, the court awarded $308,825.70 in attorneys' fees and 23 depending on the motive and intent of the government official and whether the official has absolute or qualified immunity;32 however, municipalities by law cannot be liable for punitive damages under Section 1983.33 costs to a Realtors' association that had successfully challenged a sign ordinance's ban on real estate lawn signs. See Cleveland Area Bd. of Realtors v. City of Euclid, 965 F.Supp. 1017 (N.D. Ohio 1997). 32 As a general matter, local officials have absolute im- munity regarding adjudicatory matters and qualified immunity for other matters; see, e.g., Desert Outdoor Advertising v. City of Moreno Valley, 103 F.3d 814 (9d' Cir. 1996). 33 City of Newport v. Fact Concerts, Inc., 453 U.S. 247 (1981). v C7 11 v • PART III. MODEL REGULATORY GUIDELINES Section 100 Purpose of the Regulations 1. To promote the creation of an attractive visual environ- ment that promotes a healthy economy by: dine for- `typical" sign a. Permitting businesses to inform, identify, and commu- irlations, establishes suggested nicate effectively; and ndards and criteria that are b. Directing the general public through the use of signs nsistent ra ith the Prirrtiples while maintaining attractive and harmonious applica- ablished ira PART I and the tion of signs on the buildings and sites. Legal Considerations in PART 2. To protect and enhance the physical appearance of the community in a lawful manner that recognizes the rights of >is ynodel section ­focuseson property owners by: sic framework for basin a. Encouraging the appropriate design, scale, and placement zted signs It has not focused; of signs. s. ent* signs, ter�r�or ry sig b. Encouraging the orderly placement of signs on the *` a normal appeals prmess. building while avoiding regulations that are so rigid and ber�fore, this section does not inflexible that all signs in a series are monotonously resent the entire sign code that a uniform. nlmurul�r nza , re vire. c. Assuring that the information displayed on a sign is clearly visible, conspicuous, legible and readable so that the sign achieves the intended purpose. ;omnient: The purposes of the 3. To foster public safety along public and private streets within gn regulations are to balance the community by assuring that all signs are in safe and ublic and private interests in a appropriate locations. ' manner that recognities the im- �'; odance of business advertising, 4. To have administrative review procedures that are theroargh signs, by acknozvledgirz minimum necessary to: at signs and their message a. Balance the community's objectives and regulatory ust be viable and conyprehens- requirements with the reasonable advertising and way `ble in order to provide identifi- finding needs of businesses. cation and thus assuring that the ~intended b. Allow for consistent enforcement of the Sign Code. audience is able to find c. Minimize the time required to review a sign application. their avay. 25 MODEL REGULATORY GUIDELINES d. Provide flexibility as to the number and placement of signs so the regulations are more responsive to business needs while maintaining the community's standards. Comnaeni: ' "The Zea utrement Section 101. Measurement Standards standards should be "reasona- 101.01. Determining Sign Area and Dimensions. bly" flexible to insure that sign " messages are not urinecessmzly 1. For a wall sign which is framed, outlined, painted or oth- restricted as the result of oierj erwise prepared and intended to provide a background for stringent methods of measuring a sign display, the area and dimensions shall include the en - height and area. For example, tire portion within such background or frame. when measuring the height of a freestanding sign, topographical 2. For a wall sign comprised of individual letters, figures or irregularities will be to den into elements on a wall or similar surface of the building or consideration. structure, the area and dimensions of the sign shall encom- pass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied back- ground that is not part of the architecture of the building. When separate elements are organized to form a single sign, but are separated by open space, the sign area and di- mensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different ele- ments. Minor appendages to a particular regular shape, as determined by the Zoning Enforcement Officer or Plan- ning Commission, shall not be included in the total area of a sign. omment: One important con 3. For a freestanding sign, the sign area shall include the sideration in determining if frame, if any, but shall not include: "eature" — landscape or archi a. A pole or other structural support unless such pole or Lural -- should be exclude structural support is internally illuminated or otherwise m the sign area is whether the "` so designed to constitute a display device, or a part of a wre or element, without letter display device. or logos, would otherwise be'A' b. Architectural features that are either part of the build- stiucted — as part of the ; ing or part of a freestanding structure, and not an 7ding or site development. If integral part of the sign, and which may consist of answer is `yes," then t landscaping, building or structural forms complement - a of the feature should be ing the site in general. excluded f om being part of the The lowerporlion of a solid base sign should also be excluded rom the sign area. 26 MODEL REGULATORY GUIDELINES Wall Sign Area — Examples of Area Calculations and the Effect of Measurement Alternatives Examples I Measuring the examples using multiple geometric shapes Representation of sign areas using single geometric shapes equivalent to the areas (square feet) using multiple geometric shapes. Area - 63% Letter Height - 47% Penalty When Using a Single Geometric Area Area - 40% Area - 6610 Letter Height - 30% Letter Height - 40% These examples illustrate that when a single geometric shape is required to measure the sign area of a unique, attractive sign, that the side and effectiveness of the sign is penalised (substantially reduced in height and area) compared to measuring the sign with multiple geometric shapes. This illustrates the areas to be included within the calculation of a Sign Area. It is useful to include, in the sign regulations, illustrations that interpret provi- sions in the code, similar to this one. , sh be one rectangle. This is to assure that "air .,pace" or "the background wall" are not included as part of the sign area. Wlben reasonable background areas are not excluded then uniquely shaped szgns are often penali: ed. Tbis is because in order to comply with the maximum area (using a single geometric shape) the mesfage area will be smaller 117an other conventionally" shaped signs in the vitinio, or even on the sante building. FmW)ennore, the sign may not be adequately visi- ble. C7 v MODEL REGULATORY GUIDELINES C. Sources Mandelker, Daniel, with Andrew Betrucci, and William Ewald. August 2004. Street Graphics and the Lazy. Planning Advi- sory Service Report No. 527. Chicago: American Planning Association Morris, Marya, Mark Hinshaw, Douglas Mace, and Alan Weinstein. 2002. Context -Sensitive Signage Design. Planning Advisory Service Report. Chicago, Ill.: The American Plan- ning Association. © 2009 Alan C. Weinstein. All Rights Reserved. 59 C From Gene Slechta 6/28/2012 The sign committee took major steps this past year to address issues with signage in the community and reworked much of the verbiage to clarify the content to make it easier for businesses, residents and Town staff to understand, follow and comply. As a member of the committee, I was able to contribute along with all the other members. As with any committee, there was much discussion and many ideas put forth. I support a great deal of what the committee's recommendations are. But, I cannot support all the changes and I will articulate which ones I do support and those I disagree with. It is important to read very carefully the brief, but critically important, "Purpose" of the signs ordinance: "These Sign Regulations 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." The key words and phrases are, "attractive", "optimizing... information", "general welfare" and "aesthetically appealing". Other cities have longer purpose statements, but they all say basically the same thing. So, in reviewing my positions, I asked myself, if each change satisfied those phrases. Keep in mind as I go through my positions, every 4D decision has a price and that price can be a business' revenue, property values and quality of life. We must maintain a balance, as the purpose statement suggests, and we should challenge each provision with this question of balance. Finally, we must keep in mind that this committee was formed, not only to provide changes to the ordinance to expand signage for improved business revenue, but also to address 4 years of poor compliance by the business community. To be frank, this committee did not address compliance or enforcement issues. And for that reason, it is important to keep that in mind as we make these decisions. I am reluctant to approve widespread changes for signage and risk lowering of property values and damage to the beauty of the community. The open houses, though not well attended, showed business support for significant signage changes. But, it also showed, from residents, many objections to some signage types and a cry for enforcement. I have listed below the major changes to the sign ordinance the committee is recommending. I will indicate which ones I do not support, and the reasons. There were 31 changes. I support the vast majority of recommendations, 23 of 31. In addition, there were many verbiage changes to improve the readability, which I support. CHANGES: 1. Permit no longer required for panel/copy change on existing sign 2. Eliminated inspection of sign prior to installation ® 3. A -frames increased to allow one per street frontage 4. A -frames to be allowed in town right-of-ways &11�u NA 5. Removed content restrictions on a -frames 6. Removed text size restrictions on a -frames 7. A -frames no longer need to be neatly painted 8. A -frames allowed balloon attachments in town right-of-ways 9. A -frames usage extended until December 31, 2012 10. A -frame display hours changed to when business is open 11. Banners for one time events such as grand openings, ribbon cuttings, owner changes increased from 14 to 30 days 12. Removed 12 hour display restriction on balloons and pennants 13. "Special sales events" banners extended from 60 consecutive hours per month to 3 consecutive days per week 14. Added banners as valid sign type for construction sites 15. Increased max. sq footage for freestanding signs from 24 to 50 16. Increased max. height for freestanding signs to 12' from 6' 17. Garage signs moved from 3 feet to only 1 foot behind curb (or 3 feet, instead of 10 feet, from edge of pavement) 18. Removed neon sign content restrictions (was "Open" signs only) 19. Open house directional sign max size increased from 4 sq ft to6sgft 20. Open house directional sign text size maximum removed 21. Open house directional sign placement changed from 3 feet to 1 foot behind the curb (if no curb, distance changed from 10 feet to 3 feet from pavement) 22. Removed 150 foot (from traffic control light) restriction for Open house directional signs 23. Political sign changes per revised state statute 24. Removed 25 foot (to another sign) restriction to another projecting sign 25. Removed "not internally lighted" restriction for projecting signs 26. Removed any restrictions to number of projecting signs per Business or building (was one per business and 2 per building) 27. Removed portable signs restrictions for real estate signs (a -frames still not allowed) 28. Removed time/day restrictions on when sign walkers can display 29. Electronic message signs allowed for the first time 30. Extend special sales/event banners through Dec. 31, 2012 31. Garage sale signs shall not be attached to light pole, utility pole, street sign or utility box Below are changes I do not support: 0 4. A frames to be allowed in town right-of-ways I propose that a -frames signs be allowed in town right of ways only in the downtown area. That is where foot traffic exists and should be encouraged and supported. The area being proposed should be the Council approved downtown district as defined in the "Downtown Area Specific Plan". This alternative: a. Reduces risk from driver distraction. A -frames are not driver friendly. b. Removes tacky signs from town's gateway to the town center. c. These locations offer little revenue opportunity and greater negative impact on residential property values d. Mountains preserved, community art, attractive architecture, famous fountain does not square with tacky signage A -frames would continue to be allowed in all commercial districts but not on town property, as it is today. 8. A frames allowed balloon attachments in town right-of-ways With proposals to legalize a -frames within a foot of the curb, there is risk that the attached balloons will be blown into the roadway. There is a definite distraction with attachments, and a likely risk of safety concerns from such a practice. The risk far outweighs the potential benefits. I would support attachments to a -frames not on the town right-of-ways. 9. A frames usage extended until December 31, 2013 • 1 will not support any extension of the date without some, or all, the amendments I am proposing here. There are too many changes that are being offered without a reciprocal plan, changes or guarantees that protect the community from abuse. Even with a variety of changes being proposed, most businesses will still be in violation based on my surveys. 10. A frame display hours changed to when business is open One of the committee's objectives was to provide a more simplified ordinance so that businesses could follow and staff could enforce. Although the idea is well intentioned, it makes it more difficult to interpret and enforce. What are the rules for businesses that are "open" 24 hours per day, but have no staff onsite? Examples could be the car wash, or outdoor kiosks? What about businesses that often operate by appointment? How does code enforcement handle these? Furthermore, the current ordinance allows for display from 7AM to 9PM. This ensures that signs are not out overnight, a potential safety issue as often they sit out on sidewalks. 13. "Special sales events" banners extended from 60 consecutive hours per month to 3 consecutive days per week This change is particularly undesirable. Banners are valuable for grand openings. A few years ago, businesses were given opportunity to address really special events with banners. We know that has been abused as businesses have multiple banners out there for weeks and months at a time. And many just depict a product they serve. Banners are not attractive 1. f by any stretch, but have value in limited situations. If we sanction 3 consecutive days per week we would see more businesses leaving these banners out 7 days a week because they are not easily removed, plus the track record of non-compliance indicates that would continue,...and grow. 18. Removed time/day restrictions on when sign walkers can display Sign walkers are a distraction and a safety issue to many drivers. They are aesthetically unpleasing as well. I support continuing their usage as it is allowed today. 29. Electronic message signs allowed for the first time I understand that we are in a digital age and electronic signs should be accepted as valid signage in the community. However, we should move carefully forward to implement these types of signs. The committee has incorporated some verbiage that helps in creating a safe and aesthetically pleasing set of design criteria... with one exception. These signs, using LED technology, are much brighter than what would be acceptable under lighting with incandescent illumination. I think we should remove this sign type from the proposal until we have developed proper illumination standards that address today's technology. 30. Extend special sales/event banners through Dec. 31, 2012 I will not support any extension of the date without some, or all, the amendments I am proposing here. There are too many changes that are being offered without a reciprocal plan, changes or guarantees that protect the community from abuse. Even with a variety of changes being proposed, most businesses will still be in violation based on my surveys. Finally, I mentioned earlier that compliance is sadly lacking by the businesses. The fact that '/2 the businesses don't bother taking in their temporary signs indicates that "education" is not the cure to the problem. We need real consequences for breaking the law. I propose much more severe penalties. We have the most lenient penalties in the Valley for violations. I propose that the town's ordinance provide penalties that will encourage compliance. Changes proposed include: a. Increase fines tenfold b. Confiscate repeating violators signs and charge owners for town staff time c. For more than 3 violations per year, cancel/suspend business license. See Section 8-1-11 Restrictions; Suspension; Revocation of Town Code I think a balance of business support, aesthetics, safety and enforcement/compliance is a must for this to succeed. And I believe my proposals accomplish all these. e STAIN\ o Z ry that is xv! LLY Meeting Date: July 12, 2012 Meeting Type: Regular Staff Contact Information TOWN OF FOUNTAIN HILLS Z Planning and Zoning ❑ Board of Adjustment AGENDA ACTION FORM Agenda Type: Regular Submitting Department: Development Services Bob Rodgers, Senior Planner, 480-816-5138, rrodgers .fh.az.gov REQUEST TO PLANNING & ZONING COMMISSION: 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. Ordinance # 12-01 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. Applicant: Town of Fountain Hills Ordinance # 12-01 Applicant Contact Information: Bob Rodgers, Senior Planner, 480-816-5138, rrodgers ,fh.az.gov Property Location: Town -Wide Related Ordinance, Policy or Guiding Principle: Fountain Hills Zoning Ordinance - Chapter 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. In 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 Page 1 of P&Z Public Hearing Sign Ordinance #12-01 ordinance requirements. However, they stated that they were willing to wait for the Sign Review Committee's recommendations before changing the ordinance 44�he 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 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. L-1.3-ection 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. (See Staff recommendations below) 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 - Clarification that ALL signs don't necessarily have to be re -done. Only the signs that don't meet the regulations. Section 6.07M - This amendment is to keep this section consistent with some later sections. 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. 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. Page 2 of 5 P&Z Public Hearing Sign Ordinance #12-01 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.E 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.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) ILWSection 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 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 6.083 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. 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 6.08.2) The change is simply a re -numbering of the section. Page 3 of 5 P&Z Public Hearing Sign Ordinance #12-01 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) 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) Risk Analysis (options or alternatives with implications): The 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 banners and other forms of temporary signage may be displayed. 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 rprovide a balance between the business community's needs and the desires of the residents. Adopting either version will significantly change the 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. Fiscal Impact (initial and ongoing costs; budget status): NA 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. Staff Recommendation(s): Staff recommends approval of the proposed amended sign ordinance WITH MODIFICATIONS as noted 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. 11 - Section 6.08.E Contractor Signs 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. Page 4 of 5 P&Z Public Hearing Sign Ordinance #12-01 - Section 6.08.P Neon Signs The current ordinance allows neon signs to be used as OPEN signs or company logos in storefront 4W 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.FF Sian 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 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. - Section 6.071.4 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. Staffs 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 made clear to the business community as well as the general public that upon a decision regarding this proposal, staff will strictly enforce the ordinance in whatever form it is ultimately adopted or remains. SUGGESTED MOTION: Move 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. Nttachment(s): 1. Draft Amended Ordinance #12-01 2. Open House Questionnaire Survey Results (3) 3. International Sign Assoc. Recommendations Submitted by: Robert Rodg -l"V 6/27/2012 Name/Title Date Approved by: /Z/ Z Develo ment Services Director Date Page 5 of 5 Town of Fountain Hills Zoning Ordinance RED -LINED DRAFT Chapter 6 SIGN REGULATIONS Sections: 6.01 Purpose. 6.02 Definitions. 6.03 Sign Permits; Fees. 6.04 Violations. 6.05 Penalty. 6.06 Enforcement and Remedies. 6.07 General Regulations. 6.08 Signs Allowed. 1 of 45 June 7, 2012 El Town of Fountain Hills Zoning Ordinance Chapter 6 Section 6.01 Purpose These Sign Regulations are intended to encourage attractive signage for businesses and services, optimizing the availability of information, while promoting the general welfare by creating more aesthetically appealing community. Section 6.02 Definitions The following definitions shall apply; interpretations of these definitions shall be the responsibility of the Town of Fountain Hills Zoning Administrator or authorized designee. Abandoned Sign: A sign that is no longer associated with the location, product or activity conducted on the premises on which the sign is located. 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. Advertising Sign: 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. A -Frame Sign: 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. Animated Sign: A sign with actual motion, including light changes or color changes, or the illusion of motion. 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. Awning Sign: 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. Ballast: The portion of a sign required to operate a fluorescent lamp. Page 2 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 Banner: A temporary sign composed of fabric, plastic, or other pliable material regardless of shape on which advertising copy or graphics may be displayed. Bench sign: A sign painted on or affixed to a bench. Billboard: A permanent off -premise outdoor advertising sign erected, maintained or used for the purpose of commercial or non-commercial messages. Building Mounted Sign: Any sign mounted onto the vertical surface of a building; see also Wall Sign. 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. Cabinet Sign: A frame constructed to hold internal components and covered by a face to hold the advertising sign. Canopy Sign: See definition of Awning Sign. Changeable Copy Sign: 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. 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. 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 this chapter. 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. Copy: The text, graphics or message of a sign. Page 3 of 49 June 7, 2012 CEJ • Town of Fountain Hills Zoning Ordinance Chapter 6 Direct Illumination: A sign that is constructed with a light source that is externally mounted; also referred to as "exterior illumination." Directional Sign: A sign, supplying pertinent directional information for the purpose of promoting safety and the flow of vehicular or pedestrian traffic. Example of Directional Signs: F--,-,, _� � � - [ .... .. Directory Sign: 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. 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. Face, Letter: The exterior side of an individual letter or individual graphic element. Face, Sign: The area enclosing the copy and graphic components of a sign. 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 of foreign nations, decorative flags, and flags supporting activities of the Fountain Hills Unified School District. Fascia Sign: A sign, which is permanently affixed to the horizontal member or surface at the edge of a projecting or slanting roof. Page 4 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 Example Fascia Sign Flashing Sign: A sign with an intermittent, repetitive or flashing light source. Freestanding Sign: A permanent sign that has its own supporting structure independent of the building or business it identifies. Frontage: Building: The linear measurement of an exterior building wall or structure that faces the public roadway. Front Lit Letter: An internally illuminated individual letter or graphic component of a sign that has a translucent face. Fuel Price Sign: A sign displaying the price(s) of fuel. Ground Mounted Sign: A Freestanding Sign with no visible base. Halo Illumination: Wall or Freestanding Signs having the sign lighting constructed 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. Holiday Window Decorations: The decorative display of holiday themed decorations or window painting. Identification Sign: A sign which contains only the name of the business, person, organization, place, or building at that location. Ideological Sign: A sign which expresses, conveys, or advocates a non- commercial message. Illuminated Sign: A sign which is lighted, either externally or internally. Page 5 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 Internally Illuminated Sign: A sign constructed with a light source behind the face of the sign. Logo: A graphic design representing a product, identity or service. Mansard Roof: A roof style composed of a combination of a steep semi- vertical plane connected to a flatter plane. 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. Menu Board: A changeable sign orientated to the drive-thru lane for a business that advertises the menu items or services available from the drive-through window. Mobile Sign: See Portable Sign. Monument Sign: A Ground Mounted Freestanding Sign identifying a subdivision or multiple -occupancy development such as a shopping center, office 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. Page 6 of 49 June 7, 2012 E Town of Fountain Hills Zoning Ordinance Chapter 6 Example Monument Sign Freestanding Monument Signs t o' a SIGN _SIGN SIGN s SIGN SIGN SIGN SIGN stGN SIGN SIGN SIGN Height x 0 a Height x 0.4 Maximum Width Multi -Tenant Building Identification Sign: 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. Neon Sign: 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. Open House Directional Sign: A temporary sign with directional arrow, directing pedestrian or vehicular travel to the property or premise for sale, lease or rent. Pan Channel Letter: An individual letter 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 the structural roof. Parapet Sign: A sign mounted to the face of a building parapet. 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. Page 7 of 49 June 7, 2012 • Town of Fountain Hills Zoning Ordinance Chapter 6 Pole Mounted Sign: 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. Political Sign: A sign which 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. Portable Signs: 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 Projecting Sign: A sign that extends from a building wall over a property line or right-of-way line. Pylon Sign: See Pole Sign. Real Estate Sign: A sign, attached to the site, advertising the sale, lease or rental of the property or premises on which it is located. 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. Roof Sign: A sign affixed on, above or over the roof of a building so that it projects above the roofline. The top of a parapet wall shall be considered the roofline. The 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. Page 8 of 49 June 7, 2012 R Town of Fountain Hills Zoning Ordinance Chapter 6 Shared Monument Sign: 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: 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. 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 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; (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 Walker: A person, who wears, holds or balances a sign. Page 9 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 Temporary Signs: 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. Any banner, pennant, poster, balloon, construction sign, wind dancer, political sign or A -frame sign shall be considered a temporary sign. Tent Sign: 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. Under -Canopy Sign: A sign attached to the underside of a canopy, marquee, cantilevered roof or eave or any other surface having an angle plus or minus fifteen (15) degrees from perpendicular to a horizontal overhead structure. Wall Sign: A sign which is fastened to any vertical portion of a building; see also Building Mounted Sign. Window Sign: Any sign, pictures, symbol 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 three feet behind a window pane, positioned to be read from the exterior of a building. Section 6.03 Sign Permits; Fees A. Except as provided herein, it shall be unlawful to erect, install and/or modify any sign within the Town without first applying for and obtaining a sign permit from the Development Services Department. 'Modify," as it is used herein, shall mean any change in or to an existing sign, its face, electrical components, design and/or supporting structures. A permit shall not be required for the following signs; provided, however, that such signs shall be subject to any and all applicable provisions of this ordinance, including Zoning Administrator approval when required: 1. Nameplate signs, four (4) square feet or less in area, which shall contain the name of the business and may contain any or all of the following: street address, hours of operation and business logo. Page 10 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 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 permitted in residential areas by subsection 6.08(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 which 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 for future Use per Ordinance No. 09-13. 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. Sign panel or copy change only if on an existing sign shall not require a permit. 13. The Town Must s ve Permit, Page 11 of 49 June 7, 2012 •WAW Town of Fountain Hills Zoning Ordinance Chapter 6 approval i-- e@MS;d@r@d illegal and is subjeet to se-bi— &8. 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 by resolution. :E==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 ordinance and shall be subject to the enforcement remedies and penalties provided by this section, by the Town of Fountain Hills Zoning Ordinance, and by state law: 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 lot on which the sign is located. B. To install, create, erect or maintain any sign requiring a permit without such a permit. —FAOM with any plan or pe. DC. 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. ED. If any such violation is continued, then each day of a continued violation shall be considered a separate violation when applying the penalty portions of this ordinance. Section 6.05 Penalty The provisions set forth above are declared to be civil in nature.-� stibjeet to @4w4ne4==�ctK4@f�=�tiaiqt to @the. of the 9 --Ming Page 12 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 It is presumed that the business or residence identified on the sign is the responsible party for compliance. Enforcement of violations of this chapter shall be made through the use of a civil complaint. 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 ordinance 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 plot; 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. Page 13 of 49 June 7, 2012 :7 Town of Fountain Hills Zoning Ordinance Chapter 6 The Town shall have such other remedies as are and as may from time to time be provided for or allowed by state law for the violation of the Zoning Ordinance. All such remedies provided herein shall be cumulative. To the extent that state law may limit the availability of a particular remedy set forth herein for a certain violation or a part thereof, such remedy shall remain available for other violations or other parts of the same violation. Section 6.07 General Regulations A. Any sign hereafter erected or maintained shall maintain conformance to the provisions of this ordinance and the provisions of the Town of Fountain Hills Building 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 specifically authorized herein, or by other Town ordinances or regulations or by special Town authorization. C. No sign, including temporary signs, or sign structure shall be erected or placed in a manner that would obscure vehicular visibility; nor 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 days, make such sign conform to the provisions of this ordinance, or shall remove the sign. If, within ten 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. Any sign legally existing at the time of the passage of this ordinance that does not conform in use, location, height or size with the regulations of this ordinance shall be considered a protected non- conforming use and may continue in use until such time as ' it is removed or it is abandoned for a period of six contiguous months or Page 14 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 more. Except as otherwise set forth in subsections 6.07(3) and (Q) below, any change in the sign, including a 50% or more change of sign copy, shall be considered an abandonment and the protected non- conforming status of the sign shall become void. Except when otherwise allowed, all signs must be located on or in front of the lot, for which it advertises, informs or otherwise attracts attention. G. Sign areas shall be measured as follows: Sign 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 �..C1.1Gl:�c:�11� ,I UR tV J � 2. Sign copy consisting of individual letters and/or graphics affixed to a wall or portion of a building, which has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy. Sign area is the area within the smallest rectangle that will enclose the sign copy. Example Sign Area Page 15 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 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, which 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 Greater Man 450 Up to 45� Oa°a� er�� Oa"n�� bard 2 faces 1 face Page 16 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 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 _.rLn `. I, 5. 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). 6. 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 ' WIDTH _1 A S flT ,MI„ 1_J HcIGHT 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. Page 17 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 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. Example Midpoint of Sign Midpoint of 9gn Midpoint of 8gn i"A r 1'1,q zzmy -- t , 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. intermittent 0. 4. Any animated or moving sign including televisions or signs with streaming video, except as otherwise allowed in section 6.08GG. 5. Portable or Mmobile signs, except for sign walkers=, or as otherwise permitted. 6. Billboard signs. Page 18 of 49 June 7, 2012 n Town of Fountain Hills Zoning Ordinance Chapter 6 7. Non -electrically illuminated signs. 8. Any non-public signs in public right-of-way or on public property except as otherwise allowed. The Town may install signs on its own property to identify public buildings and uses, and to provide necessary traffic control. 9. All off -premise signs, except as otherwise allowed. 44I0.AII banners, pennants, streamers, balloons, flags, searchlights, strobe lights, beacons, inflatable signs, except as otherwise provided. 44II.Any sign imitating an official traffic control sign, any sign or device obscuring such traffic control signs or devices. +312. No temporary or portable sign shall be permitted within the Shea Boulevard right-of-way. 1 4413. Except as provided in subsections 6.08(B), 6.08(M) and 6.08(Q), A -frame signs shall not be permitted within the Town of Fountain Hills. J. Whenever the name of a business changes, tho_— any non -conforming signs on the premises shall be modified to bring them into conformance with these regulations, 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. K. 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 building, land or site restored to its original state. L. The source of a sign's illumination shall not be visible from any adjacent residential streets or neighborhoods. M. No sign shall be erected or placed within any center median or any public sidewalk or bicycle path=, unless otherwise permitted. The Town employees may remove any sign located in these areas. Page 19 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 Directional signs owned by the Town shall be exempt from these regulations. N. When any window sign or signs are placed so as to attract the attention of persons outside the building where such signs are displayed, the total area of all such window signs shall not exceed 50% of the total area of the windows through which they are visible. O. Signs mounted, attached or painted on trailers, boats or vehicles shall be subject to the following: Business or commercial vehicles displaying signage or advertising as a normal part of business activity may be parked in an off-street parking space adjacent to the business to which the vehicle relates; provided, however, such off street parking space shall not be located immediately adjacent to a street frontage, except as permitted in subsection 6.07(0)(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. One business or commercial vehicle of less than three and one half 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. Trailers, boats or trucks larger than three and one half 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. 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. Page 20 of 49 June 7, 2012 PI F7 Town of Fountain Hills Zoning Ordinance Chapter 6 5. Unless specifically permitted in subsections 6.07(0)(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. Total aggregate sign area may be increased up to 25%, provided the additional area is used to display a Town -provided logo or symbol. Q. The area of the text of a legal nonconforming monument sign shall not be required to be reduced in the event of a change in the sign text. Section 6.08 Signs Allowed or Required Legend: Letters A -*P CC indicate the following subsection with additional requirements or clarification as listed. N/A means not allowed. Page 21 of 49 June 7, 2012 Zoning District Commercial Residential/ INDUSTRIAL Lodging Open Space Recreation Total Aggregate Sign Area A A A N/A A A A -Frame Sign B B B N/A B B A ning/Canopy Sign C C C C C C 444 N41E Boners D D D * D D Ckvic Organization N4A Identification E E E E E E Contractor Signs F F F F F F N144 D rectory Signs G G G G G G E ectronic Message Signs CC CC CC CC CC CC Flag I I I I I I 44 Freestanding J J J N/A J J Fel Price Signs K K K N/A N/A N/A Future Development Signs L L L L L L Garage Sale Signs M M M M M M A enu Board N N N N/A N/A N/A Page 21 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 Zoning District Commercial Residential/ INDUSTRIAL Lodging Open Space Recreation ulti-Tenant Building NAA $lie I entification Sign O O O N/A O O Non Signs P P P N/A P P Open House Directional Signs Q Q Q Q Q N/A Political and Ideological Signs R R I R R R R Projecting Signs S S S N/A S AA S R al Estate Signs T T T T T T Sign Walkers 14- F�F- F -P BB BB BB N/A N/A N/A Special Event Signs U U U U U U S1 reet Addresses I& I& IP I& &D iP AA AA AA AA AA AA S bdivision Identification Signs E� E� E-;; E9 C-4; E� U der -Canopy Signs W W W -W 114,44 V V V N/A V V N all Signs 9 lye 4 W W W N/A W W 1 indow Signs N44 444 X X X N/A X X A indow Decorations/Painting A Y 9 Y A Y A Y A Y A Y C mprehensive Sign Plan 94 94 49 44 44 Z I Z Z N/A Z Z S ared Monument Signs C -c- I €G cmc- J J J N/A J 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. Frontage is determined by the measurement of the portion of the building facing the street. Corner buildings may include two Page 22 of 49 June 7, 2012 0 Town of Fountain Hills Zoning Ordinance Chapter 6 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. 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: Page 23 of 49 June 7, 2012 .I - Town of Fountain Hills Zoning Ordinance Chapter 6 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 bug street frontage. . Such sign shall be located either on the same property as the business or church, or on property immediately adjacent to the business or church building as follows: !eased by the btiqime5s a. As outlined in Section 3 below. b. On property held in common by members of a property owners' association. C. On property owned by the business owner's landlord. 3. Location of A -frame signs shall be loeated anly restricted as follows: a. Such sign shall not be located on the public street, sidewalk, or median. b. Such sign 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. Page 24 of 49 June 7, 2012 IE Town of Fountain Hills Zoning Ordinance Chapter 6 6 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. 9 7. Signs shall be in good repair. and neatly inted 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. 44= 9. Landscaping cannot be modified or damaged to accommodate an A -frame sign. +i�IO.Signs shall ebbe displayed between the hours of 7100. only during hours the business is open. 4411. No A -frame sign is permitted anywhere within the Town of Fountain Hills after December 31,E 2013. C. Awning/Canopy Signs are allowed as follows: 1. Must be included in the total aggregate sign area. 2. May not exceed 25% in area of the canopy on which such sign is located. 3. Sign area shall be measured by the smallest rectangle that will enclose the sign copy. D. Event Banners, Balloons and Pennants are allowed as follows: Page 25 of 49 June 7, 2012 CEJ Town of Fountain Hills Zoning Ordinance Chapter 6 i.a Shall be allowed on a one-time basis for a maximum of fowrte@n E14=)= 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 shall also be allowed for a church for up to thirty (30) consecutive days for the purpose of promoting a program or event. Banners for these purposes require a permit. 2. Banners, balloons and pennants are permitted for events such as special sales events with advance notification to the Town for not more than three (3) consecutive days per week. I The provisions of this subsection comment[jbl]:Staff does not support this 6.08(D) (3) shall expire on December 31, 2013. ame❑ame°t. 0 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 not legally available to all residents of 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. Page 26 of 49 June 7, 2012 6 WE Town of Fountain Hills Zoning Ordinance Chapter 6 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. TYPE OF EVENT SIGN TYPE Banners Balloons & Banners, Pennants Pennants & Balloons 1. 12 Hrs during =1=430 -Days one Day Event Grand Opening w/Permit 2. No Permit Necessary 1. 12 Hrs during Chamber Ribbon =1=4 30 -Days one Day Event Cutting w/Permit 2. No Permit Necessary 1. 12 Hrs during Change of Business =1=4 30 -Days one Day Event Name, Owner or w/Permit 2. No Permit Management Necessary Page 27 of 49 June 7, 2012 E Town of Fountain Hills Zoning Ordinance Chapter 6 wn notification: Prior to the event, the event organizer must submit for review the following: Church Event 30 -days 1. Permit Required w/permit - Three (3) consecutive �ays Comment [jb] Any Type of Event - No Permit Necessary - Town No 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. Civic organizations, such as the Kiwanis, Rotary, Jaycees, etc., may be identified on group display structures in accordance with the following standards: 1. Said structure must be on arterial streets. 2. 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.1 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. Page 28 of 49 June 7, 2012 1: Staffdoes not support Comment [jb3]: Staff does not support this amendment __ Re uired * wn notification: Prior to the event, the event organizer must submit for review the following: Church Event 30 -days 1. Permit Required w/permit - Three (3) consecutive �ays Comment [jb] Any Type of Event - No Permit Necessary - Town No 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. Civic organizations, such as the Kiwanis, Rotary, Jaycees, etc., may be identified on group display structures in accordance with the following standards: 1. Said structure must be on arterial streets. 2. 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.1 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. Page 28 of 49 June 7, 2012 1: Staffdoes not support Comment [jb3]: Staff does not support this amendment __ Town of Fountain Hills Zoning Ordinance Chapter 6 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. Flag, as defined in Section 6.02, are allowed as follows: 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. 3. No more one (1) State of Arizona, one foreign national flag, one (1) Fountain Hills Unified School District flag and one (1) corporate flag shall be flown on any one (1) site or structure. 4. The maximum size of any corporate flags shall not exceed fifteen (15) square feet, with no one dimension to exceed six (6) feet in any direction. 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. Page 29 of 49 June 7, 2012 LI Town of Fountain Hills Zoning Ordinance Chapter 6 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, up to a total of four (4) lots of model homes. b. The maximum size of any model home flag shall not exceed eight (8) square feet. C. Model home flags shall not be illuminated. d. Flagpole shall not exceed twenty-five (25) feet in height. 8. 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 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 subsection 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 six EH feet 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. Page 30 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 mantiment stories, not to% 8=r- —regate sign UIC €G 7. Shared Monument Signs are permitted in sign districts has{_ Comment [jb4]: Nl.wd from 6.08 CC follows: 4� a. Sign District Formation: A sign district may form to obtain shared monument signs where at least 51% of business owners within a business block, each possessing valid Town business licenses, have submitted a sign district agreement to the Zoning Administrator and where the Zoning Administrator has approved the formation of the district. 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. 2. District Dissolution: If a sign district is dissolved, the property owner(s) of the business block shall be required to remove the shared monument sign unless. a.) 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 Page 31 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 b.) The property owner assumes complete control over the shared sign monument. i� b. Limitations on Shared Monument Signs: 1. Height Restrictions: a. Where the sign district contains three to four businesses, the maximum height of the monument sign shall be six (6) feet. 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: a. Signs may not be placed within the right -of- way; b. Signs must be at least one -hundred -fifty (150) feet away from any other type of monument sign; c. Signs must not be placed in a manner which obstructs the vehicular sight lines and road "clear zones" established by the Town Engineer in accordance with traffic engineering standards. 5. The Zoning Administrator or authorized designee may approve the placement of a shared monument sign in a manner other than as required by this subsection, provided that a written request has been submitted by the sign district to the Zoning Administrator outlining the reason for the request of alternative placement, including a detailed plan showing the requested area of placement, and where the Zoning Administrator or authorized designee has made the following determinations: Page 32 of 49 June 7, 2012 PI L C! 21 Town of Fountain Hills Zoning Ordinance Chapter 6 a. A special circumstance or condition exists which does not exist on other properties within the business area; and b. The alternative placement is necessary to allow the use of a shared monument sign; and c. The special circumstance or condition is not self- imposed. 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 sign 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 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 33 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 c. Landscaping: 1).Minimum of two (2) square feet of landscape area per one (1) square foot of sign area shall be provided at the base of the sign. 2). Landscaping may be occasionally changed, but shall always be maintained in good condition by the property owner. d. Lighting: 1). The text area of the sign may be back -lit such that the source of illumination is not visible; provided, however, that back -lit non-opaque panels are not permitted. 2). The text area of the sign may be illuminated by fully shielded ground mounted directional lighting. Comment [jb51: Moved from 6.08 EE MK. 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. N 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. Page 34 of 49 June 7, 2012 F I It Town of Fountain Hills Zoning Ordinance Chapter 6 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 five (5) 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 a Certificate of Occupancy. 7. A sign permit must be obtained prior to locating the sign on the site. @M. Garage Sale Signs are allowed as follows: 1. Garage sales signs may only be used for garage sales, yard sales and carport sales as outlined in Section 8-3-3 of the Town Code. 2. Garage sale signs must be placed at least three fee` 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 garage sale sign shall 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 -or -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 35 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 7. Maximum size shall not exceed four and one-half (4.5) square feet. . 8. Maximum height shall not exceed three (3) feet. 9. Signs may only be constructed of wrought iron, sheet metal, 1118 im@h 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, or street sign. PN. 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 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 footage will be calculated in addition to total aggregate sign area. Page 36 of 49 June 7, 2012 H PC 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 screened from residential view by masonry wall. Q 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). R P. Neon Signs are allowed only as follows: 1 the t__.. of _ Comment [jb6l: Staff does not support this — ----- amendment. 1. neon sign does not count toward the total aggregate allowance of sign area for any business._ __ __ Comment[jb7]: Staffdoes not support keeping if prior paragraph is deleted. =3 2. Limited to interior window display only (may not be used on exterior of building. 4 3. The total amount of 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. & Q. Open House Directional Signs are allowed only as follows: Page 37 of 49 June 7, 2012 [A Town of Fountain Hills Zoning Ordinance Chapter 6 1. Open house directional signs shall be used 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. 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., exeeed four and @me half E4.5) square f-eet. S. Signs shall not be illuminated. 6. Sign must contain a directional arrow. 7. Signs shall be placed at least `hr__ EB) `__` one (1) foot behind the curb. If no curb is present, signs shall be located at least t4 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. P40 sign Shall be Pla@ed within 0-0 hundred fi%' E1591)==.�.­_. 409. Signs must be made by a professional sign company. 4=1-IO.Signs shall not be located within one hundred (100) linear feet of, ii any sign advertising the same location. +i�11.Sign placement, other than as described above, may be approved by the Zoning Administrator or authorized designee. TR. Political and Ideological Signs located in non-residential zoning districts shall be treated as commercial signs and shall be governed by the sign regulations applicable to the respective zoning district where sign is being located. The combination of commercial, political, and ideological signs shall not exceed the square footage limitations of the Page 38 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 respective sign regulations prescribed in this ordinance. In addition to signs already permitted in residential zoning districts, political and ideological signs may be located in such areas within the following parameters: 1. Maximum aggregate size, per individual candidate or ballot issue, shall not exceed Sixteen (16) square feet on any residential lot or parcel or thirty-two (32) square feet on any commercially/industrially zoned 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. 4. Except as otherwise, permitted —U. -- by State Law, no such sign or portion of the sign may be located in or project into a public right-of-way. 5. Political signs in residentially zoned areas shall be erected not more than sixty (60) days prior to the election or referendum on the ballot and shall be removed within fifteen (15) days after said election or referendum. 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, after a run-off election. 4S. 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. e"# extend O,Q,@r 1-:6-- --b-MR-i—I Town right 4 3. Shall not exceed three and one-half (3.5) feet in width or more than six (6) feet in height. five (25) feet to S 4. Shall be located so that the bottom of the sign is not less than eight (8) feet from the ground. Shall at L..._internal! .. 1-k0t,. Page 39 of 49 June 7, 2012 El Town of Fountain Hills Zoning Ordinance Chapter 6 @ limited to not more than tt�v@__ k-21 Si., .9 per building, not m@re than one (1) sign per busimess. 5. Shall require both a Town sign permit and, if encroaching over an abutting Town right-of-way line, a revocable Town encroachment permit. VT. 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 e=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. UU. 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. Page 40 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 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. Tempw-ary Signs advertising the 1, sale,V= a and are exempt frewr-the total aggregate Sign x 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. Page 41 of 49 June 7, 2012 L41 Town of Fountain Hills Zoning Ordinance Chapter 6 8. The sign area for the first under -canopy sign shall be excluded from the total aggregate area of a comprehensive sign plan. Businesses with multiple public entrances may be allowed one additional under -canopy sign, subject to property owner and Town approval, but the sign area of the second under -canopy sign will be counted as a part of the business's total aggregate sign area. 9. Under -canopy signs on property under unified ownership and control shall be consistent in appearance. *W. Wall Signs count as a part of the total aggregate signage and are allowed as follows: 1. One square foot per each lineal foot of building frontage. Frontage is determined by the measurement of the portion of the building facing the street not to exceed aggregate square footage allowed. Corner buildings may include two street frontages if the frontages are joined at an angle between forty- five (45) and ninety (90) degrees. However, the total sign area that is oriented toward a particular street may not exceed 125% of the portion of the lot's total sign area allocation that is derived from the building frontage on that street. Building frontages that contain angles of less than forty-five (45) degrees or between ninety (90) and one hundred eighty (180) degrees shall be considered to be one frontage. 2. Sign area must allow a minimum two (2) foot border from edge of the building or suite frontage, or a minimum two (2) foot separation between signs, whichever is less. 3. Each wall sign may project no more than twelve (12) inches from the surface of the wall to which it is attached. 4. Reverse pan channel letter with halo illumination must not exceed a one and three-quarter (1.75) inch separation from the wall. 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. Page 42 of 49 June 7, 2012 • 0 Town of Fountain Hills Zoning Ordinance Chapter 6 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. gX. Window Signs are allowed as follows: 1. Window signs do not count as part of the total aggregate sign area. 2. May not exceed 50% of window area. 3. Window signs shall be prepared by a professional sign company. AAY. 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. to 2. The combination of window decoration/painting coverage and signage must not exceed 75% of window area. 3. Window decoration shall not contain any form of advertising, including but not limited to, name of business, logo, sale language or any other form of advertising as outlined in Section 6.02. 4. Sign permit is not required. AdIt. There Shall be me signage an any l@b=ar pareei within the i� i wig i M55 or aGGeSSGF�' U805 Page 43 of 49 June 7, 2012 I ] Town of Fountain Hills Zoning Ordinance Chapter 6 reestanding , , shall not be permitted within the fmmt or street side yard 5. A. landseeped be provided M- the ba 5quare feet for eaeh square f@ot of BBZ. 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). 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. Page 44 of 49 June 7, 2012 El n �E 19 Im Town of Fountain Hills Zoning Ordinance Chapter 6 cc Shared pionti-pment c':-RF5a Fer S.. n..,...,•_---- - Comment[jb8]:Moved to 6.08.J.7 frorm the date of d;ssolutiom of the old a�_ Height �'eillere the sigf�-- ontaims three s-- # assrfre5s ,m1aximum height of the Monument 4;4�_ Elie maxmmum he:j-ht of the monument Page 45 of 49 June 7, 2012 r G .-tor and the formatio of where the zomi.., the distritt- frorm the date of d;ssolutiom of the old a�_ Height �'eillere the sigf�-- ontaims three s-- # assrfre5s ,m1aximum height of the Monument 4;4�_ Elie maxmmum he:j-ht of the monument Page 45 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 @ther than as required U.8 -t- by this r5tAbseetion, has been submitted pl.v--vid---d Ving the requested area e-f-=P4-C=em@mt, The a.tefMative Placement is Reeessapy, i Page 46 of 49 June 7, 2012 c: IM 11 1-44 Town of Fountain Hills Zoning Ordinance Chapter 6 I CGAA= Street Addresses: Every building or group of buildings within any commercially or industrially zoned area must be identified by a street number which 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. r°..1. -a:..: -i -I. gns - Comment &9]:Moved to6.08.1.8 Style, 1 !eight and ],Wea. WentAeataon -sign shall be a 110wing limit Page 47 of 49 June 7, 2012 Town of Fountain Hills Zoning Ordinance Chapter 6 be Goeasionall, but sh-all however, ti &&BB Sign Walkers, in commercially zoned district only, subject to the following time, place and manner limitations: on Pridays and Saturdays, between the hours rrn a ^^ Comment [jb10]: Staff does not support this amendment. Staffwill support adding Sundays 6-5 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. J 2. 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. 43. Sign walkers shall not obstruct the free movement of pedestrians on sidewalks. 64. Sign walkers are not allowed in the medians of public or private streets. 65. 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. �ECC.Electronic Message Signs: Any sign with intermittent, scrolling or flashing illumination, including electronic message center signs. Such signs are permitted in Commercial and Industrial zoning districts only, or churches or schools in residential districts, subject to the following: 1. Signs must be on-site. Page 48 of 49 June 7, 2012 • Town of Fountain Hills Zoning Ordinance Chapter 6 2. There shall be no moving or flashing green or red features which could be mistaken as traffic signals. 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 textL—_- Page 49 of 49 June 7, 2012 Comment []bll]: Staff does not support adding this section. Sign Ordinance Review —Open House #1 a March 27, 2012 9 Questionaires Returned I am a: ( 3 ) Town Resident (2 ) Local Business (4) Both ------------------------------------------------------------------------------------------------- 1. Does the Sign Ordinance clearly spell out the commercial sign design criteria ? Yes 7 No 1 Don't Know 0 1 No Answer Comments: - Too much government regulation (red tape) to deal with. - Way overboard. Limit ordinance to 5 pages. - Too complicated. 2. Does the Sign Ordinance allow a business to accomplish their sign's objectives? Yes 1 No 6 Don't Know 2 Comments: - Ordinance is so confusing. I want to say yes but the truth is I don't know. - Not necessarily. - No offsite or right-of-way signage. - Off the main street business are isolated without signage — "A" Frame 3. Does the Sign Ordinance adequately address the location and/or placement of signs? (W Yes 5 No 3 Don't Know 1 Comments: - It seems to be hard for the business owners to get their point across to staff/council. - Does not include all types of business off "beaten" path. - Let the signs stay out all night. - Some sections do. Others not. - But businesses can be severely limited. 4. Does the Sign Ordinance adequately address community aesthetics? Yes 4 No 4 Don't Know 1 Comments: - Not necessarily - The purpose statement speaks to aesthetics. There are no specific sections that attempt to enforce or encourage it. 5. On a scale of 1— 5, in your opinion please rate value of the following signs as advertising methods in Fountain Hills: ( 1 = Very Valuable, 5 = Not Valuable) A -Frame Signs: 18/9 Average = 2 Banner Signs: 22/9 Average = 2.4 Wall Signs: 19/9 Average = 2.1 4 Freestanding/Monument Signs: 22/9 Average = 2.4 6. Please note any comments, questions, or recommendations you have regarding signage in Fountain Hills. - Need a new sign plan - Removing the sunset dates would be a huge mistake since businesses choose to ignore Coui requests to adhere. - A significant opening up of the allowance of temporary signs, considered the "tackiest" of signs, is not being offset by any increase of penalties for violations, and no business commitment to follow ordinance. - Signs should allow our town's businesses to "announce" their goods/services in order to increase their potential revenue. Restricting businesses from succeeding is ridiculous and counterproductive. - Due to the nature of business placement I feel A frames help find the business — Also addressing potential future place of good or service — The most obscure would be services. - Add more warefarer signs for business names - Enforce the few bad signs so complaint businesses don't get penalized too. - How can this ordinance enhance the development plan (Swaback)? • Sign Ordinance Review —Open House #2 L, April ll, 2012 10 Questionaires Returned I am a: (2 ) Town Resident (1 ) Local Business ( 4 ) Both (3) No Ans. ------------------------------------------------------------------------------------------------ 1. Does the Sign Ordinance clearly spell out the commercial sign design criteria ? Yes 3 No 5 Don't Know 0 2 No Answer Comments: - Its too long and convoluted. 2. Does the Sign Ordinance allow a business to accomplish their sign's objectives? Yes 1 No 5 Don't Know 3 1 No Answer Comments: - The A -Frame size should be bigger to allow for drive-by traffic visibility. 3. Does the Sign Ordinance adequately address the location and/or placement of signs? Yes 5 No 0 Don't Know 3 2 No Answer Comments: 4. Does the Sign Ordinance adequately address community aesthetics? Yes 3 No 1 Don't Know 4 2 No Answer Comments: - Except electric sign/message board - This town survives on business tax revenue and needs to accommodate its biz community. 5. On a scale of 1— 5, in your opinion please rate value of the following signs as advertising methods in Fountain Hills: (1 = Very Valuable, 5 = Not Valuable) (8 respondents) A -Frame Signs: 12/8 Average = 1.5 Banner Signs: 16/8 Average = 2.0 Wall Signs: 14/8 Average =1.75 Freestanding/Monument Signs: 13/8 Average = 1.63 u F7 0 6. Please note any comments, questions, or recommendations you have regarding signage in Fountain Hills. Comments: - Need signage on Shea - Need ad signs on Shea directing to town - Allow directionals on A -Frames - Make A -Frames bigger - Neon Signs can legally say anything - No electronic message boards. Do not increase A -Frame size. - Enforce existing 1St — get business on board. - Delete Dec 31, 2012. Why list cut off date? - Clarify = 24" x 36" overall size of frame holding signage. - I feel that A frames give advertising or direction for goods and services not on the main drag. - Fountain Hills has in the past was looking at being a destination — (unreadable) signage available destination are not defined. - I've lived here 8 years and still difficulty location need signage on Shea informing whats available in FH. Er, E E Ll Sign Ordinance Review — Open House #3 April 18, 2012 2 Questionaires Returned I am a: ( 0 ) Town Resident ( 0 ) Local Business (2 ) Both ------------------------------------------------------------------------------------------------ 1. Does the Sign Ordinance clearly spell out the commercial sign design criteria ? Yes 0 No 0 Don't Know 0 2 No Answer Comments: - Has the ordinance been reviewed by an attorney? 2. Does the Sign Ordinance allow a business to accomplish their sign's objectives? Yes 0 No 1 Don't Know 0 1 No Answer Comments: - This ordinance is restrictive and does not help. 3. Does the Sign Ordinance adequately address the location and/or placement of signs? Yes 0 No 0 Don't Know 1 1 No Answer Comments: 4. Does the Sign Ordinance adequately address community aesthetics? Yes 0 No 0 Don't Know 0 2 No Answer Comments: - Is anyone reading these comments? 5. On a scale of 1— 5, in your opinion please rate value of the following signs as advertising methods in Fountain Hills: ( 1 = Very Valuable, 5 = Not Valuable) (1 respondent) A -Frame Signs: 1 Average = 1 Banner Signs: 1 Average =1 Wall Signs: 1 Average = 1 Freestanding/Monument Signs: 1 Average = 1 6. Please note any comments, questions, or recommendations you have regarding signage in Fountain Hills. Comments: The amount of resources that the town staff has invested in this issue seems extreme and rather unfriendly to the business owners. Sunset provisions are unreasonable at every year. n INTERNATIONAL SIGN ASSOCIATION June 26, 2012 Fountain Hill Planning & Zoning Commission 16705 E Avenue of the Fountains Fountain Hills, AZ 85268 Re: Proposed text amendment to 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. I have attached a number of recommendations for the proposed text amendments. Your review of these recommendations is important to ensure that Fountain Hills adopts a reasonable and legal sign code. 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 James Carpentier AICP Manager of State & Local Government Affairs 480-773-3756 0 Section 6.01 Purpose These Sign Regulations 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. W enhance and support commerce. �d ensure that the Comment Libcl]: We believe that and constitutionally guaranteed right of free speech is protected. important function and purpose for a sign code is to \ enhance commerce Section 6.02 Definitions Comment [jbc2]: We recommend that the protection of free speech is a fundamental The following definitions shall apply; interpretations of these definitions shall be the responsibility of the requirement for a sign code and should be stated in Town of Fountain Hills Zoning Administrator or authorized designee. the purpose. Abandoned Sign: A sign that is no longer associated with the location, product or activity conducted on the premises on which the sign is located. 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. Advertising Sign: 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. A -Frame Sign: 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. Animated Sign: A sign with actual motion, including light changes or color changes, or the illusion of motion. 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. Awning Sign: 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. Ballast: The portion of a sign required to operate a fluorescent lamp. Banner: A temporary sign composed of fabric, plastic, or other pliable material regardless of shape, on which advertising copy or graphics may be displayed. Bench sign: A sign painted on or affixed to a bench. Billboard: A permanent off -premise outdoor advertising sign erected, maintained or used for the purpose of commercial or non-commercial messages. Building Mounted Sign: Any sign mounted onto the vertical surface of a building; see also Wall Sign. 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. Cabinet Sign: A frame constructed to hold internal components and covered by a face to hold the advertising sign. Canopy Sign: See definition of Awning Sign. Changeable Copy Sign: 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. 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. 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 n reviewed and approved by the Zoning Administrator or designee and conform to the sign regulations contained in this chapter. 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. Copy: The text, graphics or message of a sign. Direct Illumination: A sign that is constructed with a light source that is externally mounted; also referred to as "exterior illumination." Directional Sign: A sign, supplying pertinent directional information for the purpose of promoting safety and the flow of vehicular or pedestrian traffic. Example of Directional Signs: W --, u W ENT_R L j Directory Sign: 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. 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. Face, Letter: The exterior side of an individual letter or individual graphic element. Face, Sign: The area enclosing the copy and graphic components of a sign. 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 of foreign nations, decorative flags, and flags supporting activities of the Fountain Hills Unified School District. Fascia Sign: A sign, which is permanently affixed to the horizontal member or surface at the edge of a projecting or slanting roof. Example Fascia Sign Flashing Sign: A sign with an intermittent, repetitive or flashing light source. Freestanding Sign: A permanent sign that has its own supporting structure independent of the building or business it identifies. Frontage: Building: The linear measurement of an exterior building wall or structure that faces the public roadway. Front Lit Letter: An internally illuminated individual letter or graphic component of a sign that has a translucent face. El P1 C Fuel Price Sign: A sign displaying the price(s) of fuel. Ground Mounted Sign: A Freestanding Sign with no visible base. Halo Illumination: Wall or Freestanding Signs having the sign lighting constructed 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. Holiday Window Decorations: The decorative display of holiday themed decorations or window painting. Identification Sign: A sign which contains only the name of the business, person, organization, place, or building at that location. Ideological Sign: A sign which expresses, conveys, or advocates a non-commercial message. Illuminated Sign: A sign which is lighted, either externally or internally. Internally Illuminated Sign: A sign constructed with a light source behind the face of the sign. Logo: A graphic design representing a product, identity or service. Mansard Roof: A roof style composed of a combination of a steep semi-vertical plane connected to a flatter plane. 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. Mansard fmof Ed's Eats "i d's ats Menu Board: A changeable sign orientated to the drive-thru lane for a business that advertises the menu items or services available from the drive-through window. Mobile Sign: See Portable Sign. Monument Sign: A Ground Mounted Freestanding Sign identifying a subdivision or multiple - occupancy development such as a shopping center, office 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 Freestanding Monument Signs o' SIGN _ e SIGN IE =, SIGN SIGN SIGN SIGN SIGN SIGN r SIGN SIGN SIGN N $ SIGN Height 0.6 Height 0.4 Maximum Width El Multi -Tenant Building Identification Sign: 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. Neon Sign: 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. Open House Directional Sign: A temporary sign with directional arrow, directing pedestrian or vehicular travel to the property or premise for sale, lease or rent. Pan Channel Letter: An individual letter 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 the structural roof. Parapet Sign: A sign mounted to the face of a building parapet. 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. Pole Mounted Sign: 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. Political Sign: A sign which 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. Portable Signs: 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 n=_F _cR'/ 9 ✓G Projecting Sign: A sign that extends from a building wall over a property line or right-of-way line. Pylon Sign: See Pole Sign. Real Estate Sign: A sign, attached to the site, advertising the sale, lease or rental of the property or premises on which it is located. 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. Roof Sign: A sign affixed on, above or over the roof of a building so that it projects above the roofline. The top of a parapet wall shall be considered the roofline. The 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. Shared Monument Sign: 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: 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. 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 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; (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 Walker: A person, who wears, holds or balances a sign. Temporary Signs: 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. Any banner, pennant, poster, balloon, construction sign, wind dancer, political sign or A -frame sign shall be considered a temporary sign. Tent Sign: 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. Under -Canopy Sign: A sign attached to the underside of a canopy, marquee, cantilevered roof or eave or any other surface having an angle plus or minus fifteen (15) degrees from perpendicular to a horizontal overhead structure. Wall Sign: A sign which is fastened to any vertical portion of a building; see also Building Mounted Sign. Window Sign: Any sign, pictures, symbol 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 three feet behind a window pane, positioned to be read from the exterior ofa building. Section 6.03 Sign Permits; Fees A. Except as provided herein, it shall be unlawful to erect, install and/or modify any sign within the Town without first applying for and obtaining a sign permit from the Development Services Department. "Modify," as it is used herein, shall mean any change in or to an existing sign, its face, electrical components, design and/or supporting structures. A permit shall not be required for the following signs; provided, however, that such signs shall be subject to any and all applicable provisions of this ordinance, including Zoning Administrator approval when required: 1. Nameplate signs, four (4) square feet or less in area, which shall contain the name of the business and may contain any or all of the following: street address, hours of operation and business logo. 2. Street addresses. 3. Any sign four (4) square feet or less in area not otherwise prohibited by this ordinance. 4. Repainting without changing wording, composition or colors; or minor nonstructural repairs. 5. Temporary noncommercial signs. 6. Signs not visible from off-site public or private property. 7. Holiday signs permitted by subsection 6.08(Z). 8. Garage sale signs permitted by subsection 6.08(M). 9. Political signs permitted in residential areas by subsection 6.08(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 which 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 for future Use per Ordinance No. 09-13. 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. Sign panel or copy change only if on an existing sign shall not require a permit. C. 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. D. Fees for sign permits shall be required and payable in such sums as the Town Council may from time to time establish by resolution. E. 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 ordinance and shall be subject to the enforcement remedies and penalties provided by this section, by the Town of Fountain Hills Zoning Ordinance, and by state law: A. To install, create, erector maintain any sign in away that is inconsistent with any plan or permit governing such sign or the zone lot on 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 portions of this ordinance. Section 6.05 Penalty The provisions set forth above are declared to be civil in nature. It is presumed that the business or residence identified on the sign is the responsible party for compliance. Enforcement of violations of this chapter shall be made through the use of a civil complaint. Fines may be assessed according to the following schedule: A. First offense, fine not to exceed $25.00 and confiscation of sign(s). P] Second offense within twelve (12) calendar months of first offense, fine not to exceed $50.00 and confiscation of sign(s). 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 ordinance 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. 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 Fountain Hills Building 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 specifically authorized herein, or by other Town ordinances or regulations or by special Town authorization. C. No sign, including temporary signs, or sign structure shall be erected or placed in a manner that would obscure vehicular visibility; nor 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 days, make such sign conform to the provisions of this ordinance, or shall remove the sign. If, within ten 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. Any sign legally existing at the time of the passage of this ordinance that does not conform in use, location, height or size with the regulations of this ordinance shall be considered a protected non -conforming use and may continue in use until such time as it is removed or it is abandoned for a period of six contiguous months or more. Except as otherwise set forth in subsections 6.07(1) and (Q) below, any change in the sign, including a 50% or more change of sign copy, shall be considered an abandonment and the protected non -conforming status of the sign shall become void. Except when otherwise allowed, all signs must be located on or in front of the lot, for which it advertises, informs or otherwise attracts attention. Sign areas shall be measured as follows: 1. 2. Example Sign Copy Area F ���111LLL J _ ILLS For a wall sign comprised of individual letters, figures or elements on a wall or similar surface of the building or structure, the area and dimensions of the sign shall encompass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied background that is not part of the architecture of the building. When separate elements are organized to form a single sign, but are separated by open space, the sign area and dimensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different elements. Minor appendages to a particular regular shape, shall not be included in the total area of a sign. Example Sign Area 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, which contains sign copy, will be counted as sign area. C, Comment [jbc3]: The existing methodology for determined area of a sign can limit creativity since any irregular shapes are penalized as much as 60% in sign area. Note attached Model Sign Code with additional details on pages 26 and 27. 0 E7 1-44 Example Illuminated Sign Area Y 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 Mian 45° Up to 45° f I 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. 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). 6. Fee SigRS having mtha., es.e eempeReAt r. a seFYiee statlen tdentifleati9 i...;,.e , the sign aFea is the aFea of the F..... lee ..w..ing all nts of the sign. Example Fuel Price Sign Area w �, I C 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. Example Midpoint of Sign Midpoint of 9gn•� Midpoirtof9gn � 1 � Y �--- Finished 4. beneath n-dpdnt of Sign 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, except as otherwise allowed in section 6.08 GG. 5. Portable or mobile signs, except for sign walkers, or as otherwise 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 allowed. The Town may install signs on its own property to identify public buildings and uses, and to provide necessary traffic control. 9. All off -premise signs, except as otherwise allowed. 10. All banners, pennants, streamers, balloons, flags, searchlights, strobe lights, beacons, inflatable signs, except as otherwise provided. 11. Any sign imitating an official traffic control sign, any sign or device obscuring such traffic control signs or devices. 12. No temporary or portable sign shall be permitted within the Shea Boulevard right-of- way. 13. Except as provided in subsections 6.08(B), 6.08(M) and 6.08(Q), A -frame signs shall not be permitted within the Town of Fountain Hills. v iNh......yeAthe n of a "sines eh.. ges GeAf8FFFliAg SigASn ahe-p sh al! be Comment [jbc4]' Itis not reasonable to require ,.dified t.. h.iAg ah..... iRt.... RfeFFRaREe With these F ulatieAs ., thebigh the ehange is � a nonconforming sign to be brought into compliance nge A nonconforming sign structure s h a I I not be re -erected, relocated, or fang age that refers Ballo s non -conforming g language that refers allows non -conforming signs replaced unless it is brought into compliance with the requirements of this Ordinance. Anv subjecttonorelocation,structural alternations. nonconforming sign shall be removed or rebuilt in full conformity to the terms of this Ordinance if it is damaged or allowed to deteriorate to such an extent that the cost of repair or restoration is 50% or more of the cost of reconstruction of such sign. This paragraph shall not apply to directory signs designed with interchangeable letters or panels or to the text area of a monumentsign. K. 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 building, land or site restored to its original state. L. The source of a sign's illumination shall not be visible from any adjacent residential streets or neighborhoods. M. No sign shall be erected or placed within any center median or any public sidewalk or bicycle path, unless otherwise permitted. The Town employees may remove any sign located in these areas. Directional signs owned by the Town shall be exempt from these regulations. N. When any window sign or signs are placed so as to attract the attention of persons outside the building where such signs are displayed, the total area of all such window signs shall not exceed 50% of the total area of the windows through which they are visible. O. Signs mounted, attached or painted on trailers, boats or vehicles shall be subject to the following: 1. Business or commercial vehicles displaying signage or advertising as a normal part of business activity may be parked in an off-street parking space adjacent to the business to which the vehicle relates; provided, however, such off street parking space shall not be located immediately adjacent to a street frontage, except as permitted in subsection 6.07(0)(2) below. Vehicles that are visible from the public right-of-way shall not remain in the same parking space for more than forty-eight (48) consecutive hours. 2. One business or commercial vehicle of less than three and one half 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 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(0)(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. Total aggregate sign area may be increased up to 25%, provided the additional area is used to display a Town -provided logo or symbol. Ll Q. The area of the text of a legal nonconforming monument sign shall not be required to be reduced in the event of a change in the sign text. Legend: Letters A- GG indicate the following subsection with additional requirements or clarifications as listed. N/A means not allowed. Zoning District COMMERCIAL RESIDENTIAL/ OPEN SPACE RECREATION INDUSTRIAL LODGING Total Aggregate Sign Area A -Frame Signe A B A A B N/A N/A _ A B A B _..._-.____-_..._.-_._-----_- Awning/Canopy Sign C C C C D C D EVENT Banners D D * ED Civic Organization Identification E E E E N/A Contractor Signs F F F F F F Directory Signs G G G G G G _ ELECTRONIC MESSAGE SIGNS CC CC CC N/A CC CC Flag I I I I I I Freestanding ] 7 J N/A I ] Fuel Price Signs K K K N/A N/A N/A Future Development Signs L L L L L L Garage Sale Signs M M M M M M Menu Board N N N N/A N/A N/A Multi -Tenant Building i Identification Sign O OO N/A O O NEON SIGNS P P P N/A 4 P P Open House Directional Signs Q Q Q Q Q N/A Political and Ideological Signs R R R R R R Projecting Signs S S S N/A S 5 Real Estate Signs T T T T T T Sign Walkers BB BB BB N/A N/A N/A Special Event Signs U U U U U U Street Addresses DD DD DD DD DD DD Subdivision Identification Signs EE EE EE EE I EE i EE Under -Canopy Signs V V V N/A V V Wall Signs W W W N/A W W Window Signs X X X N/A X X Window Decorations/ Painting ` Comprehensive Sign Plan Shared Monument Signs Y Z Y Z I Y Z J Y N/A N/A Y Y Z Z 1 3 A *Specific Regulations Apply. A. "Total Aggregate Sign Area" is the sum of the total allowable sign area for an entire site with the following restrictions. As used herein, "Site," within commercially or industrially zoned area shall mean the building area leased or owned by or on behalf of any business together with its adjacent privately owned walkway or parking area. 1. Frontage is determined by the measurement of the portion of the building facing the street. Corner buildings may include two street frontages if the frontages are joined at an angle between forty-five (45) and ninety (90) degrees. 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. 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 �R^ hUAdFed two hundred (200) comment Ubcs7: ioo square feet will not square feet. accommodate larger buildings.With the existing ratios the signs will not be out of scale with the 3. In all commercial and industrial zoning districts, any licensed business located above the fapde. 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. S. Ground floor businesses having building frontage greater than one hundred (100) feet in length may increase their allowed sign area by 0.5 square feet per one (1) lineal foot of building frontage in excess of one hundred (100) feet. Such additional sign area shall be for the exclusive use of said business and not transferable or reallocable to other businesses on the site. B. A -Frame Signs are allowed as follows: 1. Only businesses that are physically located within Town commercial or industrial zoning districts or churches in residential zoning districts may display A -frame signs. 2. Businesses or churches permitted to displayA-frame signs may display a maximum of one such sign per street frontage location. Such sign shall be located either on the same property as the business or church, or on property immediately adjacent to the business or church building as follows: a. As outlined in section 3 below. b. On property held in common by members of a property owners' association. C. On property owned by the business owner's landlord. 3. Location of A -frame signs shall be restricted as follows: a. Such signs shall not be located on the public street, sidewalk, or median. b. Such sign shall not be located within a designated parking or loading area. C. 13 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. 9. Landscaping cannot be modified or damaged to accommodate an A -frame sign. 10. Signs shall only be displayed between the hours of 7:00 a.m. and 9:00 p.m. 11. No A -frame sign is permitted anywhere within the Town of Fountain Hills after December 31, 2012. 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. EVENT Banners, Balloons and Pennants are allowed as follows: 1. Banners shall be allowed 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. 2. A banner shall also be allowed for a church for up to thirty (30) consecutive days for the purpose of promoting a program or event. Banners for these purposes require a permit. 3. Banners, balloons and pennants are permitted for events such as special sales events with advance written notification to the Town for not more than three (3) consecutive days per week. The provisions of this subsection 6.08(D) (3) shall expire on December 31, 2012. 4. Not more than one banner shall be allowed per business. S. Maximum banner sign area is thirty-two (32) square feet. 6. Banners, balloons or pennants shall be located on the business storefront or within the area leased by the business. Balloons otherwise located shall be not less than four (4) feet from the face of the building and within twenty (20) feet of the main building entrance. 7. Banners, balloons or pennants shall not be designed to depict any product not legally available to all residents of the Town. 8. Total sign area including permanent signs, pennants and banner signs shall not exceed 200% of the permitted sign area. 9. Banners, balloons or pennants shall be professionally manufactured. 10. Banners, balloons or pennants shall not be displayed in the required perimeter street landscaping. 11. Banners, balloons or pennants shall not obscure building address numbers. :7 R] E, 12. Banners, balloons or pennants shall not encroach within onsite fire lanes. 13. Banners, balloons or pennants shall not be attached or hung on or from a tree or shrub. 14. No balloon may be larger than twenty-four (24) inches in diameter. 15. Balloons shall not be flown higher than six (6) feet from the ground. 16. 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 sign, signal or device. 17. TYPE OF EVENT SIGN TYPE Banners Balloons & Banners, Pennants, Pennants Balloons & 1.12 Hrs during one Grand Opening 30 -Days Day Event w/Permit 2. -No Permit j Necessary 1.-12 Hrs during one CHAMBER RIBBON 30 -Days Day Event CUTTING w/Permit 2. -No Permit Necessary Change of Business 1.-12 Hrs during one Name,Owner,or 30 -Days Day Event Management w/Permit 2. -No Permit Necessary Church Event 30-Days w/Permit 1. Permit Required 1. -Three (3)consecutive days Any Type of Event per week 2.No Permit Necessary * Town Notification I Required *Town Notification: Prior to the event, the event organizer must submit for review the following: 1. Event site plan showing location of outdoor activities, signage, etc. 2. Dates and times the event will be held. 3. Name, address, and phone number of responsible person. Town staff will review for conformance with regulations and safety issues. Once the proposal review is satisfactorily completed, staff will approve. Staff may impose conditions to ensure public safety. E. Civic organizations, such as the Kiwanis, Rotary, Jaycees, etc., may be identified on group display structures in accordance with the following standards: 1. Said structure must be on arterial streets. 2. 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. 0 4. Maximum height of five (5) feet. 5. Sign must be located on construction site. 6. Sign shall not be illuminated. 7. A contractor sign may be placed only during the period of time when a building permit is valid and must be removed no later than the date of final inspection. G. A directory sign may be included as part of a comprehensive sign plan. A directory sign is allowed with the following standards: 1. Maximum sign area of six (6) square feet. 2. Maximum height of six (6) feet. 3. Located behind the required front yard setbacks. H. (Reserved) I. Flags, as defined in Section 6.02, are allowed as follows: 1. Flag poles shall not exceed the maximum building height allowed in each zoning district and shall be located and constructed that 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. No morelFl Ia 2�9t ` is (1) Pei .. lain Hills Comment jjbc6]:Reference tothe types offlags '•fiIF;d M 1 n' + rt .1 ...... �� 1 .-.....�..-.+.. A".. she 11 L... A...yn three (3) flays on allowed is content regulation and needs to be avoided. The reference to size and numbers is OK. any one (1) site or structure. 4. The maximum size of any corporate flags shall not exceed fifteen (15) square feet, with no one dimension to exceed six (6) feet in any direction. 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 IFil addities te the Wo4ed ' Comment &0]: Content regulation States flag and Stat. ^r A.:.^"a 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, up to a total of four (4) lots of model homes. b. The maximum size of any model home flag shall not exceed eight (8) square feet. C. Model home flags shall not be illuminated. d. Flagpole shall not exceed twenty-five (25) feet in height. 8. No sign permits are required for flags unless otherwise noted. 9. The maximum size of a United States flag "^`^ ^r "'`'^"a flag ^'r^'^`"" Hatienal fl^" shall be sixty (60) square feet. k6:,!1.^ '` '^^' ^` , ^' "^"^' " `^' r''g �' St4t _� a n^..." ^ ..+•„ ..i ^ iia w„cd� Comment [jbCB]: Content regulation J. Freestanding A Fi28H a a g ena signs are allowed as follows: 1. Freestanding signs shall be counted as a portion of the total aggregate sign area except as outlined in subsection 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) (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. El El Shared Monument Signs are permitted in sign districts as follows: a. Sign District Formation: A sign district may form to obtain shared monument signs where at least 51% of business owners within a business block, each possessing valid Town business licenses, 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. 2. District Dissolution: If a sign district is dissolved, the property owner(s) of the business block shall be required to remove the shared monuments sign unless: 3. 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 4. The property owner assumes complete control over the shared sign monuments. b. Limitations on Shared Monument Signs: 1. Height Restrictions: Fnaximum height of the meRumeRt sig shall be Li) (6) fe�. � b) Where the sign distFiet five A -F FAGrrP hil iResses, the maximum height of the monument sign shall be eight (8) feet. C) d) The area of the sign shall not exceed feet, fifty (50) square feet. C. Sign Placement: 1. Signs may not be placed within the right-of-way; 2. Signs must be at least one -hundred fifty (150) feet away from any other type of monument sign; 3. Signs must not be placed in a manner which obstructs the vehicular sight lines and road "clear zones" established by the Town Engineer in accordance with traffic engineering standards. d. The Zoning Administrator or authorized designee may approve the placement of a shared monument sign in a manner other than as required by this subsection, provided that a written request has been submitted by the sign district to the Zoning Administrator outlining the reason for the request of alternative placement, including a detailed plan showing the requested area of placement, and where the Zoning Administrator or authorized designee has made the following determinations: Comment [jbc9]: A 6 foot tall monument sign is not of adequate height to be safely seen by motorists. Note the attached reference information in support of this recommendation Comment [jbc10]: Restricting the width will result in similar dimensions for all signs. This will limit creativity of the designers and not have the variety in bulk and overall shape that will result in severely limiting superior designs. Comment [jbcll]: 24 square foot limitation on area for ground signs is too small given the typical speed limits and ROW widths in Fountain hills. Note the attached reference information in support of this recommendation. El 1. A special circumstance or condition exists which does not exist on other properties within the business area; and 2. The alternative placement is necessary to allow the use of a shared monument sign; and 3. The special circumstance or condition is not self-imposed. e. A minimum of two (2) square feet of landscaping per one (1) square foot of the sing shall be provided at the base of the shared monument sign. f. In lieu of the formation of a sign district by business owners, one or more owners of contiguous property that contains more than one 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 sign shall be a monument sign 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 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. 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. (W 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 maybe double faced. 4. One (1) sign per each street on which the development has frontage. 5. Maximum height shall not exceed five (5) 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 a Certificate of Occupancy. 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. No garage sale sign shall 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 -or -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, corrugated 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, or street sign. 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. 50 s ua re feet. �; Comment [jbc12]: Most menu boards are larger S. Maximum height fi%e r&t feet Seven 171 flet- than the requirements in the code. For a franchise 6. Minimum area of four (4) square feet of landscaping per one square foot of freestanding to comply with this code would require special fabrication. 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 footage will be calculated in addition to total aggregate sign area. 0 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 screened from residential view by masonry wall. i Comment [jbcl3]: This section deals with content regulation. If an owner wants to ID the Sign shall be a wall sign and shall identify enly the building eF • building that is allowable under the wall sign •The Friaximum numbell ef SigAS feF eaeh building shall be ene sigR. requirements. 3. Sign shall be plaeed eR the wall ef the building with FRajeF StFeet fFenkige-. 4. Maximum aFea ef sign is six (6) inehes peF lineal feet ef building wall with a FAiniffiUM 9f twenty feWF (24) squaFe feet and a maximum ef feFty (49) squaFe feet. LiAeal feetage of building is a . ed as dePned : bibs fieA c norm P. Neon Signs are allowed only as follows: 1. A neon sign does not count toward the total aggregate allowance of sign area for any business. 2. Limited to interior window display only (may not be used on exterior of building. 3. The total amount of 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. Q. Open House Directional Signs are allowed only as follows: 1. Open house directional signs shall be used 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. 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. Political and Ideological Signs located in non-residential zoning districts shall be treated as commercial signs and shall be governed by the sign regulations applicable to the respective zoning district where sign is being located. The combination of commercial, political, and ideological signs shall not exceed the square footage limitations of the respective sign regulations prescribed in this ordinance. In addition to signs already permitted in residential zoning districts, political and ideological signs may be located in such areas within the following parameters: 1. Maximum aggregate size, per individual candidate or ballot issue, shall not exceed sixteen (16) square feet on any residential lot or parcel or thirty-two (32) on any commercially/industrial zoned 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. 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. S. Political signs in residentially zoned areas shall be erected not more than sixty (60) days prior to election or referendum. 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, after a run-off election. S. Projecting Signs are allowed only as follows: 1. Must be included in the total aggregate square footage. 2. Shall only be permitted if signs are affixed to a building. 3. Shall not exceed three and one-half (3.5) feet in width or more than six (6) feet in height. 4. Shall be located so that the bottom of the sign is not less than eight (8) feet from the ground. 5. Shall require both a Town sign permit and, if encroaching over an abutting Town right- of-way line, revocable Town encroachment permit. 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. 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. 40 6. In no case shall any object, banner, signor 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, bd 1.5 souare foot per each - Comment fjbC141: Additional square footage is lineal foot of building frontage for buildings set back 100' from the ROW or greater. recommended for structures that are setback more than 100 feet from the ROW to provide for Frontage is determined by the measurement of the portion of the building facing the adequate legibility. 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 Z52A�� % of primary total aggregate sign area. f comment [jbcis]: zsi ofthe primary total l b. Secondary entrance must not be visible from main public entrance. aggregate sign areawilinot allow for these signs JI adequate legibility from the ROW. C. Secondary entrance must face a rear parking area, common area or public use frontage. X. Window Signs are allowed as follows: 1. Window signs do not count as part of the total aggregate sign area. 2. May not exceed 50% of window area. 3. Window 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, including but not limited to, name of business, logo, sale language or any other form of advertising as outlined in Section 6.02. 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). 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 which 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 district 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 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. 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. 5. 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 Signs—I s^ sign w0ah!AteFFA.++ent-, . ening RIF "fli;gh ^'II""'0"^+' , J_ - Comment [t16]: Such signs should not produce eludingeleetrnnitmrisag^eent '--_ FSigA .. _ message __..__. _.o.._. Such signs are permitted in Commercial and Industrial flashing or intermitted illumination, so regulations zoning districts er+4y, er-sEhee}5 and for nonresidential uses in residential districts inferring thatcould lead to loopholes for such use. subject to the following: — Comment [t17]: Allowances for specific uses 1. Signs must be on-site. borders on viewpoint discrimination. It is best to leave such allowances open to "nonresidential uses" 2. There shall be no moving or flashing Green or Red features which could be mistaken as (i.e. churches and schools, but withoutactually traffic signals. coming out and saying it). 3 [Fite..,,;u,,R ChaA er Message Duration: _ - Comment [t18]: Again, intermittence should not ay�t..,..,.,." +,. +�.,. t..,.,. „c +t.,. " Fnu5+ ti... ,.... .,t Eightrot be permitted. Therefore, more appropriate seeendiRtep ai heb eel; dha ,e Such signs shall display static images only. language could be as suggested. Such static images shall hold on the disolav for a period of at least eight (8) seconds. Transitions from one static image to the next shall appear to be instantaneous without animation flashing or the appearance of movement of any kind � ehanges te the face OF eepy Elf the sign must step at 10:09 p.m., except fE)F time vnv-ccn-rperRxaic. blank face After between 10:00 p.m. daF!EeF than the text technology which automatically ad'lusts 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 Comment [t19]: There is really no rationale for such regulations other than fears of disturbing residents. Therefore, instead of including two separate sections about nighttime content, we lumped the two together into subsection c, and suggested that such signs be turned off in residential between 10 p.m. and 6 a.m. Such provisions alleviate concerns about residential disturbances, while permitting such signs in commercial zones to continue operating their signs, without the bother of producing different content between day and night. Comment [11:20]: Note: It's always important to include a "turn on" time. Simply stating such signs shall be turned off at 10 p.m. creates loopholes for people to turn off their sign and then turn it back on again at 10:01 p.m. Comment [11:21]: There were no brightness limitations that I could find in the code. Proper and enforceable brightness regulations are of paramount importance to ensure proper regulation of electronic signs. The standards suggested are based on acceptable practices of the Illuminating Engineering Society of North America, and are scientifically -tested to ensure optimal brightness for safe viewing. A Framework for On -Premise Soon Regulations March 2009 Alan C: Weinstein, Inc. D.B. Hartz, Inc. Q �. FOR u A Framework for On -Premise Soon Regulations March 2009 Alan C: Weinstein, Inc. D.B. Hartz, Inc. 0 C] TABLE OF CONTENTS INTRODUCTION...........................................................................1 The purpose of this Model Code Project................................................................... 1 T17eProcess............................................................................................................ 2 Acknowledgements.................................................................................................. 2 PART I. THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS.............................................................................. 3 Fundamental Considerations.................................................................................. 3 Principlesof a Sign Code........................................................................................ 4 Description of t15e Typical CharacterAreas............................................................. 6 PART II. LEGAL CONSIDERATIONS........................................11 Local Government Regulation of Business Signs .................................................... 11 Legal Issues in Regulation of Business Signs......................................................... 14 PART III. MODEL REGULATORY GUIDELINES ...................25 Section 100. Purpose of the Regulations................................................................ 25 Section 101. Measurement Standards...................................................................26 101.01. Determining Sign Area and Dimensions ................................ 26 101.02. Determining Sign Height.......................................................... 29 101.03. Determining Building Frontages and Frontage Lengths...... 30 101.04. Length of Building Frontage .................................................... 30 31 Section 102. Signs Permitted................................................................................ Section 103. Development Standards.................................................................... 32 103.01. Wall signs..................................................................................... 32 103.02. Freestanding signs...................................................................... 38 103.03. Electronic Message/Changeable Copy Signs ......................... 41 103.04. Instructional signs...................................................................... 45 103.05. WindoNv Signs............................................................................. 45 103.06. Temporary Signs......................................................................... 45 Section 104. Non -Cor fi timing Signs..................................................................... 46 104.01. General Provisions..................................................................... 46 104.02. Limitations for Non -Conforming Signs ................................. 46 Section 105. Sign Review Procedures ..................................................................... 47 Section 106. Supplemental Considerations............................................................ 48 106.01. Construction Standards............................................................. 48 106.02. Maintenance................................................................................ 49 106.03. Signs Exempt from the Regulations ........................................ 50 106.04. Prohibited Signs.......................................................................... 50 Section107. Definitions....................................................................................... 51 APPENDIX.....................................................................................57 A. Examples of `Landuvark Status" Signs......................................................... 57 B. Methodology for Estimating the Appropriate Area of Freestanding Signs.......... 58 C. Sources............................................................................................................59 05 Elf L14 INTRODUCTION The e 12u1pose of this Model Code Project The purpose of this project is to convey to communities (Councils, planning commissions, appeals boards, and the administrative staff including planners) the appropriate framework for formulating on -premise sign regulations that fully respect the comprehensive purposes of signs from the perspective of both community and business interests. Among others, these purposes are: ■ To serve a legitimate business advertising function. ■ To use signs to identify and advertise a facility as a means of "way -finding" assuring that the signs efficiently direct the motorists from the highway/roadway to the adjacent facilities. ■ To assure that signs are sized and arranged to minimize clutter and prevent unsafe conditions. ■ To assure that signs and their message are of sufficient size to be legible and comprehendible by the intended audience which is typically a passing motorist. This document is most applicable to smaller communities — say those with populations up to several hundred thousand. These communities "typically" possess the variety of character areas that are the basis for this Model Code (See Part 1). While larger cities may have many similar character areas they may also have a wider variety of unique areas that warrant special considerations that are not addressed in this model.. This document is particularly important since there is a prevailing community tendency to limit sizes of signs to the extent that they cannot be comprehended by the motorist on the adjacent highway; and to impose limitations based on concerns about traffic safety that cannot be readily supported. Therefore, to achieve the above fundamental purpose, it is also the purpose of this Model Code project to reduce the tensions between the community and businesses in a way that recognizes the importance of signs to the community and its businesses. Specifically, the additional purposes of this project are: ■ To achieve a reduced level of administrative and design review, and time periods for review, prior to a sign application being approved. ■ To assure that a reasonable time is provided for non -conforming signs to remain before they must be brought into compliance. ■ To encourage communities to acknowledge the importance and benefits of electronic message signs to the industry and businesses and that they can be accommodated without compromising the public's interests. INTRODUCTION ■ To convey to communities that to be effective, the bottom of the freestanding sign (pole signs) must be above parked or moving vehicles. Conversely, ground type signs are often blocked by vehicles and landscaping. ■ To have communities realistically evaluate their existing codes — particularly enforcement — rather than reaching a "knee jerk" conclusion that poor enforcement of the existing regulations should trigger a new code with more restrictive regulations. This Code refers to local governments as "communities" or "cities". It is important to recognize, however, that local governments may have different legal structures with associated differences in their authority regarding land use regulation in various states. In particular, some local governments are municipal corporations which tend to have greater land use regulatory authority than unincorporated areas such as townships. Thus, it is important to determine the form of local government and the extent of that government's land use regulatory authority when considering the recommendations in this Model Code. The Process This document has been prepared by Alan C. Weinstein, Inc. in association with D. B. Hartt, Inc. Planning and Development Consultants with funding provided by the Signage Foundation. Technical assistance has been provided by an ad hoc review committee of the Signage Foundation. As this document was developed the Committee attended several review sessions with the Consultants to assure that the recommendations reflected a balance between the legitimate interests of the Signage Foundation and the communities in which signs are placed. Acknowledgements A FRAMEWORK FOR ON -PREMISE SIGN REG- ULATIONS was produced utilizing a grant from 2 The Signage Foundation Inc. located in Wash- ington DC. The Signage Foundation Inc. is a non-partisan, not-for-profit 5010 (3) public foundation. Its purpose is to promote intelli- gent and productive use of on -premise sig- nage and storefront marketing to the benefit of every sector of the economy. The authors additionally wish to acknowledge and extend appreciation to the following indi- viduals and who provided valuable technical assistance, technical resources, insight and review to the authors in creation of this Framework Model Code. Independent review and consultation was provided by Professor Menelaos Triantafillou Associate Professor, School of Design, Archi- tecture and Planning University of Cincinnati Cincinnati, OH The Framework Model Code Review Team Duane Laska North Shore Sign Co. Libertyville, IL Joe Rickman Atlantic Sign Media Burlington, North Carolina Roy Flahive Pacific Sign Construction San Diego, CA Cal Lutz DaNite Sign Co. Columbus, OH Steve Kieffer Kieffer and Company Sheboygan, WI Jim Groh Brilliant Electric Sign Company Cleveland, OH • E F1 Ew PART I. THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS Fundamental Considerations The basic regulatory framework (Part III) is guided by principles that have been developed by both planners and various groups within the sign industry. Over the last twenty or so years the standards applicable to each of these factors have been documented in several books and other publications. Additionally these principles were recently supported by the American Planning Association in its 2004 Planning Advisory Service Report No. 527, "Street Gtaphics and the Law." The purpose of this first section is to summarize the numerous interrelated factors that contribute to whether a sign is able to fulfill its primary purpose: to be able to be read by its intended audience. It is not our intention, however, to duplicate the extensive documentation that has been previously published and is available for further review. Some of these factors are related to the design of the sign itself; others are related to die sign's location which, likewise, influences its readability to the intended viewer — whether the viewer is a motorist on the adjacent road or a pedestrian on the adjacent street or even walking on the site of the business. With respect to sign design, readability and comprehension are influenced by: ■ The size of the lettering or logos — minirnum size of the letters has been 3 established based on the distance that the viewer is from the sign. ■ The relationship of the lettering/logos — which is the message area - to the background area — often referred to as the "white space" or "negative space" - of the sign. ■ The thickness and spacing of the letters. ■ The number of elements — words, syllables, symbols, logos, etc. - that can be comprehended in the short period of time that the viewer (typically the motorist) likely has available. This is particularly relevant to wall signs that need to be seen and comprehended instantaneously. ■ Color contrasts between the message and the background. ■ Letter style. ■ Lighting. The number of elements that can be comprehended is also influenced by the familiarity of the message — the words, fonts, and logos. When a sign is familiar it is "taken - in" as a whole and, therefore, more information can be comprehended in the viewing time available. Since the motorist has a limited time to view the sign, particularly if multiple signs need to be visually scanned and sorted in the same time -frame, the signs must: ■ Be within the viewer's "cone of vision" — both _ to the side of the highway and vertically so the eyes and head of the motorist won't waiver too far from the roadway. THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS ■ Be at a height that will not be easily blocked by obstructions — mainly other cars and trucks on the roadway or parked nearby. ■ Have increased letter sizes when the signs are located father from the viewer who is typically on the adjacent street. All of these variables are important considerations in order to permit signs that "work" — i.e., achieve their intended purpose of being able to be read by their intended audience. Some of these factors influence the size of the sign.. Other factors influence the quality of the sign's design, as in, for example, the relationship between the lettering and the background area of the sign. Even reasonable and thoughtful consideration of all of these factors does not dictate or suggest a single minimum size and height standard that should be incorporated in a community's sign regulation for each situation. However, the size and height ranges, included in the Model Regulatory GurdeAnes, Part III of this document, represent reasonable parameters that satisfy the criteria referred to above, for those signs that incorporate the "normal range" of words and elements that are needed and expected, and balance public and private interests. The community must be cognizant of all of these factors, including considering the ranges in Part III when formulating new or amended sign regulations. developments, institutional and public uses (including those public and institu- tional uses that are typically in residential districts), and entry signs for large subdivi- sions. 2. Include regulations for other "attention getting devices" such as balloons, banners, etc. 3. Include all of the following. ■ A statement of the purposes to be achieved ■ Definitions ■ Standards for measuring sign areas ■ Regulations governing sign placement, height, and area ■ Enforcement ■ Regulations for temporary signs ■ Prohibited signs ■ Regulations for non -conforming signs ■ Administrative provisions, variances and appeals 4. Principles of a Sign Code Based on the preceding fundamental consid- 5 erations, the following are the important prin- ciples that should guide the development of all sign codes. The sign code should: 1. Include regulations for all types of on - premise signs, including: commercial (of- fice, retail, etc.), industrial, multi -family 4 Be content -neutral to the greatest degree practicable so as to avoid favoring some types of signs — or sign users — over oth- ers. This means that sign regulations will not be based upon a sign's message. In- stead, the regulations will be based upon the sign's function and its placement on the building or site. The meaning and im- plications of "content neutrality" are fur- ther explained in Part II of this document Include standards that address the variety of use/character areas that are typically found in communities. This framework document cannot address the specific zoning districts for a community since they vary so widely from community to community. This document, however, does describe "typical character areas" and the suggested standards for each area, to be used as a guide in determining for r THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS themselves what precise standards are best administer because each time a new sign is for their community. Related to this, it is requested, zoning administrators have the possible, even likely, that communities of responsibility to monitor how the site's, or different sizes (with different characteris- each tenant's, sign allotinent has been dis- tics) may legitimately advance different tributed among the various sign type and sign regulations, even when the zoning location possibilities. This is particularly districts in the distinctly different com- cumbersome for multiple tenant proper- munities are similar. The typical character ties when tenant signs routinely change areas, which are described more fully in and the historical records mAy not clearly the next section, include: document the available sign area alloca- ■ Downtowns. tions for new proposals. The separate ■ Small Localized Retail areas that are formulas are more easily monitored, even likely to be in close proximity to resi- over time, when the historical records may dential areas and which are typically not be clear. characterized by: • Having a traditional neighborhood 7. Establish the area and height requirements form, or for wall and freestanding signs based • Being a more "suburban style" on the "nature and character" of the Cha - racter Areas. In all cases, however, the center. ■ General Commercial Areas along ma- signs shall be in such location and of such size so the sign message is easily discerned jor arterials. and the intended audience, generally the ■ Highway/Interchange Commercial. passing motorist, can react and make ne- ■ Office Districts. cessary traffic maneuvers safely. ■ Industrial Parks. ■ Mixed Use Developments. g, Have procedures that permit bonuses to 6. Have separate requirements for different sign areas, sign height, and number of signs based on unique design considera- types of signs (e.g. wall signs, free standing tions when such additional signage will signs, projecting signs, and window signs) not compromise the public interest or not because each type of sign has different set a precedent that could then be re- needs and impacts from the others. This quested and applied routinely in other is in contrast to a single maximum allow- more conventional locations in the com- ance for signage on each site that can be divided or shifted between wall and frees- tanding signs. This approach insures that 9. Consider the need to establish a reasona- both wall and freestanding signs are in ble program for the elimination of legal - proportion to the building and/or the site. non -conforming signs (e.g. amortization) Otherwise, for example, if a code allows provided: most of the total permitted sign area for a ■ The time for removal is 10 years or site to be on the freestanding sign, the longer; freestanding sign(s) could be too large for ' The Code incorporates provisions that the site. permit the extension of the time limits In addition, the "single allocation" ap- for compliance based on considera- tions such as the value of the sign and ® proach to sign regulation is difficult to 5 THE FRAMEWORK FOR FORAIULATING SIGN REGULATIONS the length of time the sign has been in place; the amount of depreciation claimed; the length of the current lease or expected occupancy; the degree of non-compliance; and ■ The owner or tenant is permitted to replace the panels/inserts on non- conforming signs when uses or owner- ship is changed and there is no other change, such as structural change to the existing non -conforming sign; and ■ The provision is made for signs that have landmark status (see also Appen- dix A). The amortization of non -conforming signs is far less an issue for both the business and the community when the sign regulations com- port with the principles and suggested stan- dards in this model. Description of the Twical Character Areas The Model Code will develop the suggested regulations for each of the typical "character areas" described herein. These character areas have been selected because they incorporate the diversity of development patterns that gen- erally prevail in most communities — both large and small. The needs of special districts, such as entertainment districts (e.g. Las Vegas, Times Square), tourist destinations (e.g. Carmel Cali- fornia, Disney World), historical districts (e.g. Gettysburg, Charleston) or neighborhood con- servation districts, which may occur in a few selected locations, are not included in this doc- ument. The unique characteristics of these areas are not typical of the vast majority of the communities across the United States and therefore, the sign regulations require unique attention to adequately address the local needs. Downtown — In traditional downtowns, build- ings are primarily placed at the street line with the parking to the rear or in parking decks. The building width extends across all, or at least 6 most, of the lot frontage. The buildings could be multiple stories with, typically, retail on the first floor and residential or offices above. Downtown Small, Localized Retail — These are usually older commercial areas that may have one of the following two characteristics: ■ The retail areas are generally older and have the traditional neighborhood form. That is, the form and character are similar to a traditional downtown. These commercial areas are often located in close proximity to and thus convenient to surrounding residential areas. Although these areas are smaller than downtowns, their form and design characteristics are similar; therefore, the permissible sign al- lowances should also be similar. ■ However, some of these small commercial areas may be newer and have been devel- oped with what is now considered the suburban form. These are similar to the general commercial areas, described be- low, except that these more localized commercial areas are apt to be on more minor streets and will likely be in close proximity to residential areas. 11 Is A • THE FRAMEWORK FOR FOR RMATING SIGN REGULATIONS Traditional Neighborhood Foiim Suburban Form General Commercial Areas — The buildings are typically setback from the street with park- ing in the front of or surrounding the build- ing. These commercial areas are usually on a major arterial street. The commercial area often includes a variety of large and small fa- cilities. Multiple commercial facilities may be grouped on a single site or single businesses may be developed on an independent site. 7 Typically these areas are comprised of one story buildings. General Commercial Highway/Interchange Commercial — These commercial areas are similar in ar- rangement to a General Commercial Area ex- cept they are located at freeway interchanges. Uses are more apt to be a concentration of highway service uses - such as motels, restau- rants, and gasoline service stations - that ex- pect a significant customer base from the passing motorists on the freeway. This com- pares to the general retail which expects its support primarily from the surrounding mar- ket area. THE FRAMEWORK FOR FORMULATING SIGN REGULATIONS Higli vayllwer change Comnaenzal Office Districts — Generally, office districts are a concentration of multiple story office buildings in a campus atmosphere even if the multiple adjacent sites are in separate owner- ships. Buildings are typically setback from the road and each site has its own requisite park- ing to meet its needs. Office concentrations are most often located on a major arterial and near freeway interchanges providing conve- nient access throughout the region. Office areas may include supporting retail services. Oce Park Industrial Parks — Generally, industrial parks are a concentration of single story industrial buildings in a campus atmosphere even if the multiple adjacent sites are in separate owner- ship. Industrial parks are usually on or near a E? major arterial. The parks may have a combi- nation of large and small buildings and sites. Industrial Park Mixed Use Developments — Mixed use de- velopments are multiple story buildings with a mix of retail, office and residential uses inte- grated into the same building. Retail is en- couraged or required on the first floor with the offices or residential above. A mixed use development may be designed with or as part of a traditional neighborhood form or as a more typical suburban configuration. Mixed Use Development is THE FRAINIEWORK FOR FORMULATING SIGN REGULATIONS The Relationship Between Highway Cha- racteristics and Sign Standards The foregoing principles and implementation of the model regulations (Part III) can be ac- complished without compromising any legiti- mate public health and safety purposes even when the regulations are related to the charac- ter areas and not the highway's characteristics. Governing the sign standards solely by road factors such as the speed of traffic or the number of lanes creates both administrative and political difficulties if the road conditions or characteristics were to change. Therefore, the wiser approach is to regulate the size and height by "character districts". Even with road changes, the signs will be approximately the right size and height. The sizes and heights for the various signs recommended in these guidelines are based on previous studies that have documented the letter height, design clarity, and areas needed to assure that the signs can be read and com- prehended. These sources are included in Appendix C. D� 9 n u C PART II. LEGAL CONSIDERATIONS local business sign regulation is to re- Local Government Regulation of Business quire a business to obtain a permit prior to erecting a new sign or modify- Is S_g— ing the structure of an existing sign. 1. Overview Obviously, a permit is issued only Local government authority to regu- when the proposed sign or modifica- late signs is based on the "police pow- tion complies with the provisions in er." "Police power" is a shorthand the code. In some communities, the term for governments authority to sign regulations also require periodic enact laws and regulations to preserve examination of existing signs to insure public order and harmony and to they are properly maintained. promote the public health, safety and welfare. Zoning and other local regu- 2. Regulation of Size, Number and latory powers are derived from the Location of Business Signs "police power." As previously noted, a sign code will normally regulate the location, num - Local governments routinely regulate ber, size, etc. of business signs. It is signs through either a "sign code" or- common for sign regulations to vary dinance or provisions for sign regula- depending on the zoning district in tion in a zoning ordinance. While sign which a business is located. For ex- "High- regulations apply to several different ample, businesses located in a types of signs, including "on-premise" way Business" District might be al- residential institutional and business lowed larger or higher signs than signs and "off-premise" outdoor ad- businesses located in a "Local Busi- vertising signs (commonly called bill- ness" District. Such differences in boards), this discussion is limited to regulatory treatment between districts the regulation of "on-premise" busi- may be justified by differences in such factors as the size and speed of the ness signs. districts' roadways or the typical set- ign regulations normally place limits backs backs from the right-of-way in the dis- on the location, number, size (both in trict. In some instances, variations in area and height), and illumination of regulatory treatment depend on the business signs. They also specify nature of the business itself; i.e. one standards for the construction, erec- type of business (e.g., an auto dealer- tion, and maintenance of sign struc- ship) may be allowed more or bigger tures. The basic enforcement tool for signs than another type of business (e.g-, an appliance store); in some cases 1l LEGAL. CONSIDERATIONS the signs should reflect the site's acreage and not merely based on road frontage. As we discuss later, howev- er, regulatory distinctions based on the type of business can raise significant legal issues. 3. Permit Application Requirements Almost all sign codes require that a business apply for and obtain a permit before erecting or modifying a "per- manent" business sign. It is not un- usual, however, for sign codes to ex- empt from these permit requirements certain "temporary" business signs that will be displayed for a relatively brief period. For example, many sign codes allow a business to display a vinyl or cloth banner advertising a special event (e.g., "Annual Sale" or "Model -year Closeout") for periods ranging from a few days to several months. Most sign codes also totally exempt signs displayed inside store windows from the permit requirement (at least up to some maximum percen- tage of the window area, e.g., 25% or 35%) and such signs may remain in place indefinitely. The permit process usually begins with the applicant obtaining a permit application from a zoning or building official in the local government office. Permit applications normally require the applicant to submit various infor- mation related both to the construc- tion and installation of the sign and the site where it will be installed or erected. Submission requirements will vary from community to community. For example, while some codes will require only a sketch or photograph of the property where a sign will be in- stalled, others require the submission 12 of a formal site plan. The application must be filled out completely and ac- curately, and the accompanying appli- cation fee paid in full, before the ap- plication will be reviewed. 4. Permit Review Procedures There are two basic procedures for lo- cal government review of a sign per- mit: administrative approval, which stresses quantitative criteria, and de- sign review, which goes beyond quan- titative criteria to consider qualitative guidelines. Administrative approval involves a straightforward objectively based deci- sion. An administrator reviews a per- mit application to determine if it complies with the numerical standards stated in the sign code and approves or rejects the application based on whether the proposed sign will be in compliance. Design review, in contrast, supple- ments numerical standards with qua- litative guidelines that attempt to "fine-tune" sign approval decisions by evaluating the relationship between any given sign and its proposed site based on specified criteria. For exam- ple, a design review process might try to achieve greater "compatibility" be- tween structures and signs by adding design standards related to sign mate- rials, lighting and design. Proponents of design review claim that the addi- tion of this discretionary process promotes creativity by applicants and permits greater flexibility in sign ap- proval. Critics of design review argue that the process creates uncertainty about permit approvals and signifi- n El LEGAL, CONSIDERATIONS cantly increases both the cost and time required to obtain a permit approval. It is possible, however, to have an op- tional design review process, one that is voluntarily entered into by appli- cants, rather than a mandatory one. This option allows the applicant to choose between designing a sign strictly according to numerical stan- dards (which sometimes are very re- strictive) or going through a design review process that allows for larger signs, more flexibility, or both. For example, the numerical standard for a projecting sign might consist of a maximum allowable area of "x" square feet. This would probably produce a simple, rectangular sign, maximizing the copy area. Such a sign might say "Elder Day Club." Under an optional design review process, the sign area could be increased by a certain per- centage. But the sign would need to include a unique, eye-catching logo that would add liveliness to the streetscape. Such a method rewards both businesses and sign producers for creative efforts. 13 Illustration of bonus area for arative, `eye- catcbing' logos 5. Sign Variances A variance is a legal device that allows a local government to provide a prop- erty owner with relief from the normal application of some restriction in the zoning code, such as minimum lot or building size, height limits, or setback requirements. Variances are granted when government determines that there are special circumstances, unique to the property in question, that would create practical difficulties if the zon- ing code were enforced as written. Requests for a variance due to the pe- culiarities of the property involved are also appropriate when sign regulations are applied to specific properties. A commonly occurring situation is where adherence to the sign code would seriously compromise the visi- bility of a sign and thus potentially harm the economic viability of the business. This situation can occur, for example, where a significant grade dif- ference exists between the property and an adjacent or nearby street or highway from which the business is LEGAL CONSIDERATIONS expected to draw significant vehicular traffic, and a business sign limited to the height, type, or location permitted by the ordinance would not be fully visible from that street or highway. In such cases, there is little reason why a variance increasing the allowable height of the sign should not be granted. In California, the problem posed to businesses by the situation described above was addressed by the state legis- lature in a statute that provides: Regardless of any other provision of this chapter or other law, no city or county shall require the removal of any on premises adver- tising display on the bases of its height or side by requiring conformance with any ordinance or regulation introduced or adopted after March 12, 1983, if special topographic cir- cumstances would result in a material im- pairment of visibility of the display or the owner's or user's ability to adequately and ef- fectively communicate with the public througb use of the display. Under these circumstances, Me owner or user may maintain the advertis- ing display at the business premises and at a location necessary for continued public vi dbil- ity at the height or size at which the display was previousyerected and, in doing so, the owner or user is in conformance. ' Legal Issues in Regulation of Business Signs 1. Overview While there can be no doubt that, as a general matter, "police power" autho- rizes local government regulation of business signs, specific regulations may be unlawful because they violate 1 California Business and Professions Code Section 5499. 14 rights guaranteed by the federal, or a state's, constitution or those granted by federal or state statutes. The most common legal concerns about the validity of a local govern- ment's regulation of business signs are based on one or more of the following constitutional provisions and statutes which are discussed below: a. The First Amendment's guarantee of "freedom of expression." b. The Fifth Amendment's (or a state law's) protection of property rights. c. The Fourteenth Amendment's separate guarantees of due process of law and equal protection under the law. d. The Lanham Act's protection of is federally registered trademarks. 2. First Amendment Issues: Content - Based vs. Content -Neutral Sign Regulations The single most important concern in sign regulation is whether the regula- tion is "content -based" versus being "content -neutral." A content -neutral regulation will apply to a sign regard- less of the content of the message dis- played. The most common form of content -neutral regulation is so-called "time, place or manner" regulation which, as the name suggests, does no more than place limits on when, where, and how a message may be displayed on a sign. In contrast, a sign regulation that bases the regulatory treatment of the sign on the content of the message displayed — or the • LEGAL CONSIDERATIONS identity of the entity displaying the sign — is "content -based." Provisions in sign ordinances that are content - based are not invalid per se. Rather, courts apply a more stringent level of judicial review to provisions in sign ordinances that are content -based (strict scrutiny) vs. provisions that are content -neutral (intermediate scruti- ny). When local governments enact sign regulations that are entirely — or even predominantly — content -neutral, courts have little difficulty upholding the regulations against a legal chal- lenge. Conversely, content -based regu- lations that are found to regulate on the basis of content in a manner that allows for any degree of "censorship" V e., preferring some kinds of sign content over other kinds), have been ruled invalid. Recent rulings where courts have struck -down content -based sign codes include cases from Ohio,' Michigan,' and Washington.' One case, from the Cleveland, Ohio suburb of North Olmsted, was a particularly egregious example of content -based provisions. The district court's decision provided several examples of the way the use classifications categorize, define, and/or limit signs by their content. One example noted that a "directional sign" in front of a business could con- tain words such as "Enter Here" or 2 North Olmsted Chamber of Commerce v. City of North Olmsted, 108 F.Supp.2d 792 (N.D. Ohio 2000) and XXL of Ohio, Inc. v. City of Broadview Heights. 341 F.Supp.2d 765 (N.D. Ohio 2004). 3 King Enterprises v. Thomas Township, 215 F.Supp.2d 891 (E.D. Mich. 2002) 4 Ballen v. City of Redmond. 466 F.3d 736 (9th Cir. 2006). 15 "Entrance," but could not display the McDonald's "golden arches" logo or the words "Honda Service." A second described how an "identification sign" could include only the "principal types of goods sold or services rendered" but "the listing of numerous goods and services, prices, sale items, and telephone numbers" was prohibited; thus, a Dodge dealership's sign could display its name - Great Northern Dodge - but was prohibited from dis- playing the "Five Star Dealer" desig- nation it had been awarded by the Daimler -Chrysler Corporation. Directional sign with logo. North Olmsted's con- tent -based sign code would not allow this sign be- cause it includes McDonald's `golden airhes" .. . even though that feature could enhance trafc safety witbout significantly affecting aesthetics But where a sign code's "content" provisions were far less egregious, and intended to make the sign code more "workable," rather than to censor, courts have rejected challenges based on the claim that a sign code con- tained content -based provisions. Re- cent examples of these decisions in- clude cases from Maine,' Oregon, 5 B&B Coastal Enterprises, Inc. v. Demers, 276 F.Supp.2d 155 (D. Maine 2003). 6 G.K. Ltd. Travel v. City of Lake Oswego, 436 F.3d 1064 (9th Cir. 2006). LEGAL, CONSIDERATIONS and Pennsylvania.' The position of in a 2002 case, Tbovaas v. Chicago Park the courts in these cases has been that District.' These recent decisions have local government needs some leeway also shown that courts are reluctant to in navigating the dangerous passages strike down a permitting procedure of First Amendment law. Thus, when based merely on a claim that the pro - there are a limited number of content- cedure could be — rather than has based provisions that are not intended been — used to discriminate among to censor or restrict speech, courts are applicants. tending to uphold the code against a challenge that it is unconstitutionally For example, in a case from Florida,' content -based. the plaintiff argued that the lack of specific time limits in the city's sign 3. First Amendment Issues: Sign ordinance conferred excessive discre- Permitting Procedures as an tion on city officials, thereby poten- Unlawful Prior Restraint dally chilling speech before it occurs. This issue is related to the content- While acknowledging the possibility neutral issue above. When a govern- city officials could delay the ment regulation requires an official processing of certain permit apphca- approval as a pre -condition to "speak- tions, and thereby arbitrarily suppress ing" — for example, displaying a sign — disfavored speech, the court con - courts are concerned that the approval cluded that "[w]e will not, however, requirement could be an unlawful address hypothetical constitutional vi - "prior restraint" on freedom of ex- olations in the abstract. As the Su - pression by prohibiting or unnecessa- preme Court noted in Thomas, we be- rily delaying the communication. Ob- lieve 'abuse must be dealt with if and viously, a sign code requirement that a when a pattern of unlawful favoritism permit must be obtained to display a appears, rather than by insisting upon sign raises concerns about the prior a degree of rigidity that is found in restraint issue. If a sign code is con- few legal arrangements.' "quoting tent -neutral, it is highly unlikely a Thomas v. Chicago Park District court will find an unlawful prior re- straint; however, courts are far more 4. First Amendment Issues: Total likely to find that the permitting Prohibition on a Category of Signs process for signs is an unlawful prior Sign codes can be subject to strict restraint if a sign code is found to be scrutiny when they impose a total content -based prohibition on an entire category of signs, even where the regulation is not Recent court decisions involving prior content -based. In a 1994 case,10 the restraint challenges to reasonable sign U.S. Supreme Court struck down a to - permitting procedures in cases where tal prohibition on lawn signs in a St. the code is content -neutral, have al- Louis suburb's sign code. Even most uniformly upheld reasonable procedures under the rationale an- 8 534 U.S.316 (2002). nounced by the U.S. Supreme Court 9 Granite State Outdoor v. City of St. Petersburg, 348 F.3d 1278 (11th Cir. 2003). ' Riel v. City of Bradford, 485 F.3d 736 (3d Cir. 2007). 10 City of Ladue v. GMeo, 512 U.S. 43 (1994). 0 16 LEGAL CONSIDERATIONS though the code did not regulate the what forms of expression are re- signs based on their content, the stricted and (2) laws that legitimately Court ruled that the signs homeown- regulate certain forms of expression ers place on their lawns constitute an are not so broadly written that they al - important and distinct medium of ex- so illegitimately regulate other types of pression for political, personal or reli- expression. These two principles are gious messages. Thus, the city's total closely related, and courts often find ban on such signs, in conjunction with that an ordinance violates both; how - the city's failure to provide adequate ever, there have been very few suc- substitutes for such an important me- cessful challenges to on -premise sign diem, was an unconstitutional restric- codes based on vagueness and over - tion on expression. breadth. Challenges to a complete ban on pole 6. Fifth Amendment Issues: Removal signs have had mixed results depend- and Amortization of ing on the specific facts in the case. Nonconforming Signs In the previously noted North Olmsted Provisions for the removal — or com- case, an Ohio federal district court ing into compliance -- of noncon- found that a selective ban on pole forming signs are normally included as signs that carried commercial messag- part of a sign ordinance. Examples of es was unconstitutional. But a Ninth limitations on a nonconforming sign Circuit Court of Appeals case from a that are clearly lawful include: a prohi- ® Portland, Oregon suburb" found that bition on increasing the area or height a content -neutral prohibition on pole of a nonconforming sign and requir- signs was permissible. ing that a replacement sign structure conform to the new regulations when 5. First Amendment Issues: a nonconforming sign structure is re - "Vagueness" and "Overbreadth" moved. Even where a sign regulation is oth- erwise valid, it may be struck down if As a general matter, local govern - a court finds the language so vague ments in most states may require time - that it is unclear what type of expres- ly compliance with all land develop- sion is actually regulated or so broadly ment regulations so long as due regard worded that it has the effect of re- is given to substantial investments. stricting speech to a greater extent Courts generally agree that local gov- than necessary to achieve the goals of ernments may validly require owners the regulation. of nonconforming structures and uses to bring them into compliance upon These two principles - termed "void the happening of prescribed events. for vagueness" and "overbreadth" — For example, conformity with the sign require that government regulation of ordinance may be required as a pre - expression be precise. This insures condition to expanding the noncon- that: (1) individuals will know exactly forming sign, as a precondition to re- construction of the sign after its sub- G.K. Ltd. Travel v. City of Lake Oswego, 436 F.3d 1064 (9h Cir. 2006) stantial destruction, before taking ac - 17 LEGAL CONSIDERATIONS tion that would extend the life of the nonconforming sign and after the sign has been abandoned. Many codes also require that a sign be brought into conformity if there is a change in the message displayed on the sign. Court decisions are mixed on whether such a provision is content - based. There are several state court decisions that have ruled such a provi- sion is unlawful, including cases from Alabama, 12 Arizona,13 New Hamp- shire,14 New Jersey," and New York." Such a provision was recently upheld, however, by the Ninth Circuit in a case from a Portland, Oregon sub- urb.17 Regardless of whether such a provi- sion is adjudged content -neutral; how- ever, there is really no compelling ar- gument in favor of cutting short the non -conforming status of a sign ab- sent a simultaneous change in owner- ship of the business wid the sign face. Otherwise, the retention of non- conforming status can be more a mat- ter of luck than anything else. For ex- ample, as actually happened in the North Olmsted case, a Chrysler dealer lost the non -conforming status of a sign when the corporate naive changed to Daimler -Chrysler while the 12 Budget Inn of Daphne, Inc. v. City of Daphne, 789 So.2d 574 (Ala. 2000). 13 Motel 6 Operating Ltd. Partnership v. City of Flags- taff, 195 Ariz. 569, 991 P.2d 272 (1999). 14 Ray's Stateline Market, Inc. v. Town of Pelham, 140 N.H. 139, 665 A.2d 1068 (1995). 15 Rogers v. Zoning Bd. of Adjustment of the Village of Ridgewood, 309 N J.Super. 630 (App.Div. 1998), af?d 158 NJ. 11, 726 A.2d 258 (N J. 1999). 16 Kevin Gray East Coast Auto Body v. Village of Nyack, 566 N.Y.S.2d 795 (N.Y.App.Div. 1991). 17 G.K. Ltd. Travel v. City of Lake Oswego, 436 F.3d 1064 (9th Cir. 2006). 18 Toyota, Ford, Buick, etc. car dealers' signs retained their non -conforming status because there were no corpo- rate name changes. Amortization is another widely used technique to effect the removal of nonconforming signs. Amortization provisions normally permit a noncon- forming sign to remain in place for a sufficient period to amortize its cost before requiring its removal. Except where there is an express statutory re- quirement that "just compensation" be paid, the majority of courts have been willing to allow the use of amor- tization as a constitutionally accepta- ble method for achieving the removal of nonconforming signs and amortiza- tion periods ranging from ten months to ten years have been upheld by state and federal courts. While amortization has been upheld as a general matter, it is important that any amortization requirement contain an appeal provision that allows the owner of a specific sign to obtain an extension of the period required to come into conformity by demonstrat- ing it would be a financial hardship to meet the original requirement. Com- munities may also want to consider whether placing an amortization pro- vision in a sign ordinance simply sends the wrong message to business- es; that is, if the prospect exists that a business may be forced to replace its signage, it will have little incentive to install signs that are well -crafted and aesthetically pleasing. .7 LEGAL, CONSIDERATIONS 7. Fifth Amendment Issues: Sign Permitting Fees Local government may lawfully charge a sign permit fee so long as the amount of the fee is reasonably related to the costs actually incurred in the administration and enforcement of the permit system. In other words, it is legal to require sign owners to pay all reasonable costs incurred by a local government associated with the opera- tion of a sign code, including permit- ting requirements and enforcement. For example, this includes the admin- istrative costs for processing and re- viewing applications and renewals, and the cost of inspections, such as the salaries of inspectors. Note, however, that if a sign permit fee is challenged, local government will bear the burden of proving that the fee charged bears a reasonable re- lationship to the actual costs of admi- nistering the permit system. If the fee has been calculated properly, this is not a problem, but courts will invali- date sign permit fees if a local gov- ernment fails to show that the fee was reasonably related to the costs of en- forcement.18 8. Fourteenth Amendment Issue: Challenging Aesthetics and Traffic Safety In its first ruling on a broad-based challenge to a local sign code,19 the U.S. Supreme Court ruled that local governments could normally regulate signs based on concerns about traffic 18 See, e.g., South Suburban Housing Center v. Greater South Suburban Bd. of Realtors, 935 F.2d 868 (7d, Cir. 1991). 19 Metromedia, Inc. v. City of San Diego, 453 U.S. 490 (1981). 19 safety and aesthetics without having to provide any evidence that their sign regulations in fact served those inter- ests. After that decision, courts were extremely deferential to government claims that its regulations are based on aesthetics and/or traffic safety con- cerns. Some recent decisions, however, have looked more closely at government's claim that its sign regulations are easily justified merely by reference to traffic safety and aesthetics as substantial go- vernmental interests. In a recent case from a Cincinnati, Ohio suburb,20 the majority of the judges on a federal appeals court ruled that a village could not justify its re- strictions on "for sale" signs posted on vehicles merely by citing Metrome- dia's approval of aesthetics and traffic safety concerns as justifying sign regu- lations. The majority noted that the Metromedia court had declined to disag- ree with the "accumulated common- sense judgments of local lawmakers and of the many reviewing courts [that found] that billboards are real and substantial hazards to traffic safety;" but in this case, the record demon- strated "no comparable legislative or judicial history supporting the conclu- sion that restrictions placed on `For Sale' signs posted on vehicles address concrete harms or materially advance a governmental interest." 21 The dissenting judges in this case ar- gued that requiring any evidence that the prohibition substantially advanced the government's interest in traffic 20 Pagan v. Fruchey, 492 F.3d 766 (6th Cir. 2007). 21492 F.3d at 774-75. LEGAL CONSIDERATIONS safety would burden government with "pointless formalities." Rather, the dissenters claimed "The justification for forbidding the placement of for - sale automobiles on the public streets — for inspection by potential buyers — is simply obvious: people may be drawn to stand in the street for non - traffic purposes."22 In another case,23 a federal district court ruled that a Los Angeles ban on new billboards did not directly ad- vance the city's claimed interests in traffic safety and aesthetics given the city's exempting from the ban new off-site signs on thousands of kiosks, transit shelters and benches from which the city would derive revenue. In an associated case from a Seattle suburb,24 the sign code had a restric- tion on portable signs that had nu- merous exemptions, including one for real estate signs. The regulation was challenged by a store owner who had hired an employee to stand on the si- dewalk wearing a sign to attract the at- tention of motorists. While the federal appeals court acknowledged that the challenged regulation served the city's interests in aesthetics and traffic safe- ty, it ruled that the city's failure to demonstrate why real estate signs compromised those interests so little that they could be lawfully displayed meant that the regulation failed under what is knows as the "reasonable fit" analysis, which the Supreme Court 22 492 F.3d at 779. 23 Metro Lights, L.L.C. v. City of Los Angeles, 488 F.Supp.2d 927 (C.D. CA 2006). 24 Ballen v. City of Redmond, 466 F.3d 736 (9th Cir 2006). 20 adopted in a 1993 case from Cincin- nati.25 Other recent decisions, however, have followed Metrontedia's deferential stance. In particular, two recent cases have upheld bans on electronic mes- sage centers (EMCs) by accepting the local governments' assertion that the ban served traffic safety and aesthetic interests without requiring any eviden- tiary showing from the local govern- ments. 26 9. Fourteenth Amendment Issue: Permit Review Procedures There are two basic procedures for lo- cal government review of a sign per- mit: administrative approval, which stresses quantitative criteria, and de- sign review, which goes beyond qua- litative criteria to consider qualitative guidelines. is Administrative approval involves a straightforward objectively based deci- sion. An administrator reviews a per- mit application to determine if it complies with the numerical standards stated in the sign code and approves or rejects the application based on whether the proposed sign will be in compliance. 25 City of Cincinnati v. Discovery Network, Inc., 507 U.S. 410 (1993). 26 See, Naser jewelers, Inc. v. City of Concord, 2008 WL 276529 (D.N.H.), aft, 538F.3d 17 (lit Cir. 2008) and Chapin Furniture Outlet v. Town of Chapin, 2006 WL 2711851 (D.S.C.), vacated and remanded for dismissal on othergrounds, 2007 WL 3193854 (41h Cir.); Man -as v. City of Livonia, 575 F.Supp.2d 807 (E.D. Mich. 2008); Carl - son's Chrysler v. City of Concord, 938 A.2d 69 (N.H. 2007). • LEGAL CONSIDERATIONS Design review, in contrast, supple- ments numerical standards with qua- litative guidelines that attempt to "fine-tune" sign approval decisions by evaluating the relationship between any given sign and its proposed site based on specified criteria. For exam- ple, a design review process might try to achieve greater "compatibility" be- tween structures and signs by adding design standards related to sign mate- rials, lighting and design. Proponents of design review claim that the addition of this discretionary process promotes creativity by appli- cants and permits greater flexibility in sign approval. Critics of design review argue that the process can become unduly subjective — or even "mask" other agendas — and even when rela- tively well -administered it can create uncertainty about permit approvals and significantly increase both the cost and time required to obtain a permit approval. It is possible, however, to have an op- tional design review process, one that is voluntarily entered into by appli- cants, rather than a mandatory one. This option allows the applicant to choose between designing a sign strictly according to numerical stan- dards (which sometimes are very re- strictive) or going through a design review process that allows for larger signs, more flexibility, or both. For example, the numerical standard for a projecting sign might consist of a maximum allowable area of "x" square feet. This would probably produce a simple, rectangular sign, maximizing the copy area. Such a sign might say "Sam's Seafood." Under an optional 21 design review process, the sign area could be increased by a certain per- centage. But the sign would need to include a unique, eye-catching logo, such as a jumping fish, that would add liveliness to the streetscape. Such a method rewards both businesses and sign producers for creative efforts. 10. Fourteenth Amendment Issue: Sign Variances A variance is a legal device that allows a local government to provide a prop- erty owner with relief from the normal application of some restriction in the zoning code, such as minimum lot or building size, height limits, or setback requirements. Variances are granted when government determines that there are special circumstances, unique to the property in question, that would create practical difficulties if the zon- ing code were enforced as written. Requests for a variance due to the pe- culiarities of the property involved are also appropriate when sign regulations are applied to specific properties. A commonly occurring situation is where adherence to the sign code would seriously compromise the visi- bility of a sign and thus potentially harm the economic viability of the business. This situation can occur, for example, where a significant grade dif- ference exists between the property and an adjacent or nearby street or highway from which the business is expected to draw significant vehicular traffic, and a business sign limited to the height, type, or location permitted by the ordinance would not be fully visible from that street or highway. In such cases, there is little reason why a variance increasing the allowable LEGAL CONSIDERATIONS height of the sign should not be granted. 11. Lanham Act Issue: Protection of Federally -registered Trademarks The federal Lanham Trademark Pro- tection Act provides substantial legal protection to companies that have registered their trademark logos, sym- bols and colors with the federal gov- ernment. In 1982, Congress amended the Act (15 U.S.C. 5 1121(b)) to pro- hibit the enforcement of state or local regulations that would require the "al- teration" of a federally registered trademark. Local government sign regulations can implicate the Lanham Act whenever they require a business owner to change the color, typescript, or shape of a registered trademark displayed on a business sign. The ability to display a trademark on a business sign with- out "alteration" is important to busi- ness owners, of course, because it al- lows them to take full advantage of the national advertising and business goodwill associated with the unaltered trademark. Example of a typical corporate trademark While the language in the 1982 Amendment prohibits state and local 22 governments from requiring the "alte- ration" of a trademark, the Amend- ment does not specifically mention sign regulations. As a result, the two federal appellate courts that have con- sidered Lanham Act challenges to lo- cal sign regulations have reached op- posite decisions. In a case from a suburb of Rochester, New York,27 the federal appeals court for the Second Circuit rejected a Lanham Act chal- lenge to a local sign code that required a business owner to change the color or some other element of a federally registered trademark. But in a case from Tempe, Arizona,28 the federal appeals court for the Ninth Circuit upheld such a challenge. Thus, for the moment, the only busi- ness owners who are assured they have the right to display a federally registered trademark on their business signs are those in states comprising the Ninth Circuit Court of Appeals: California, Oregon, Washington, Ari- zona, Nevada, Idaho and Montana, plus Alaska & Hawaii. Business own- ers in states comprising the Second Circuit Court of Appeals -- New York, Connecticut & Vermont — clearly have no such protection, while business owners in all other states lack clear guidance on whether they are or are not protected by the Lanham Act. Despite the legal uncertainties outside the Ninth and Second Circuits, from a traffic safety standpoint there is little to be said for any local regulation al- tering a trademark/logo on a sign. 27 Lisa's Party City, Inc. v. Town of Henrietta, 185 F.3d 12,15 (2d Cir. 1999). 28 Blockbuster Videos, Inc. v. City of Tempe, 141 F.3d 1295 (9th Cir. 1998). LEGAL CONSIDERATIONS Such logos, with their distinctive col- ors and designs, are easily and quickly recognized by motorists and allow for quick decision -snaking, and thus safe traffic maneuvers, while driving. 12. Note on Availability of Damages and Attorneys' Fees Under 42 U.S.C. § 1983 When a local goverrunent violates an individual's constitutional rights, that individual is entitled to sue the local government in federal court under a federal statute, Section 1983 of the Civil Rights Act of 1871.29 Section 1983 clearly applies when local gov- ernment unlawfully interferes with a business owner's property and/or first amendment rights associated with a lawfully erected business sign. In ad- dition to making municipalities poten- tially subject to money damages for violation of a business owner's consti- tutional rights,30 a successful demon- stration of a violation of constitutional rights pursuant to a Section 1983 claim may entitle the injured party to attorneys' fees31 and punitive damages, 29 The statute provides that every "person who under color of any statute, ordinance, regulation, custom, or usage of any State ... subjects or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress...." 42 U.S.C. § 1983. 30 Section 1983 provides that parties sued under the statute "shall be liable to the party injured in an action at law" and the Supreme Court has ruled that, by anal- ogy to the common law of torts, damages are available for a "constitutional tort" under this section; see Carey v. Piphus, 435 U.S. 247 (1978). 3142 U.S.C. § 1988 provides that reasonable attorneys' fees and costs may be awarded to the prevailing party in a lawsuit brought under 42 U.S.C. § 1983. Thus, for example, in a case from a suburb of Cleveland, Ohio, the court awarded $308,825.70 in attorneys' fees and 23 depending on the motive and intent of the government official and whether the official has absolute or qualified immunity; 2 however, municipalities by law cannot be liable for punitive damages under Section 1983.33 costs to a Realtors' association that had successfully challenged a sign ordinance's ban on real estate lawn signs. See Cleveland Area Bd. of Realtors v. City of Euclid, 965 F.Supp. 1017 (N.D. Ohio 1997). 32 As a general matter, local officials have absolute im- munity regarding adjudicatory matters and qualified immunity for other matters; see, e.g., Desert Outdoor Advertising v. City of Moreno Valley, 103 F.3d 814 (9th Cir. 1996). 33 City of Newport v. Fact Concerts, Inc., 453 U.S. 247 (1981). PART III. MODEL REGULATORY GUIDELINES Section 100 Purpose of the Regulations 1. To promote the creation of an attractive visual environ- ment that promotes a healthy economy by: a. Permitting businesses to inform, identify, and commu- nicate effectively; and b. Directing the general public through the use of signs while maintaining attractive and harmonious applica- tion of signs on the buildings and sites. 2. To protect and enhance the physical appearance of the community in a lawful manner that recognizes the rights of property owners by: a. Encouraging the appropriate design, scale, and placement of signs. b. Encouraging the orderly placement of signs on the building while avoiding regulations that are so rigid and inflexible that all signs in a series are monotonously uniform. c. Assuring that the information displayed on a sign is clearly visible, conspicuous, legible and readable so that the sign achieves the intended purpose. 3. To foster public safety along public and private streets within the community by assuring that all signs are in safe and appropriate locations. 4. To have administrative review procedures that are the minimum necessary to: a. Balance the community's objectives and regulatory requirements with the reasonable advertising and way finding needs of businesses. b. Allow for consistent enforcement of the Sign Code. c. Minimize the time required to review a sign application. 25 Comment. This section, using an outline for `typical" sign ��gulations, establishes suggested standards and criteria that are consistent with the Principles established in PANT I and the Legal Considerations in PART II. Tbis model section focuses on the basic framework for business related signs It has not focused on sidential signs, temporary signs, ';r a normal appeals process. T her-efore, this section does not represent the entire sign code tl)at a community may rzquir e Comment. The purposes of the sign regulations are to balance public and private interests in a manner that recognities the im- portance of business advertising, through signs, by acknowledging that signs and their message must be visible and comprebens- ible in order to provide identifi- cation and thus assuring that the intended audience is able to find their way. MODEL REGULATORY GUIDELINES d. Provide flexibility as to the number and placement of signs so the regulations are more responsive to business needs while maintaining the community's standards. • Comment.The measurement Section 101. Measurement Standards standards should be "reason- by"flexible to insure that sign 101.01. Determining Sign Area and Dimensions. messages are not unnecessarily 1. For a wall sign which is framed, outlined, painted or oth- restricted as the result of overly erwise prepared and intended to provide a background for stringent methods of measuring a sign display, the area and dimensions shall include the en - height and area. For example, tire portion within such background or frame. when measuring the height of a freestanding sign, topographical 2. For a wall sign comprised of individual letters, figures or irregularities will be taken into elements on a wall or similar surface of the building or consideration. structure, the area and dimensions of the sign shall encom- pass a regular geometric shape (rectangle, circle, trapezoid, triangle, etc.), or a combination of regular geometric shapes, which form, or approximate, the perimeter of all elements in the display, the frame, and any applied back- ground that is not part of the architecture of the building. When separate elements are organized to form a single sign, but are separated by open space, the sign area and di- mensions shall be calculated by determining the geometric form, or combination of forms, which comprises all of the display areas, including the space between different ele- ments. Minor appendages to a particular regular shape, as determined by the Zoning Enforcement Officer or Plan- ning Commission, shall not be included in the total area of a sign. Comment. One important con- I For a freestanding sign, the sign area shall include the sideration in determining if a frame, if any, but shall not include: `feature" - landscape or archi- a. A pole or other structural support unless such pole or tectural -- should be excluded structural support is internally illuminated or otherwise from the sign area is whether the so designed to constitute a display device, or a part of a feature or element, without letter- display device. ing or logos, would otherwise be b. Architectural features that are either part of the build- constmaed — as part of the ing or part of a freestanding structure, and not an building or site development. If integral part of the sign, and which may consist of the answer is `yes," then the landscaping, building or structural forms complement - area of the feature should be ing the site in general. excluded from being part of the sign. The lower portion of a solid base sign should also be excluded from the sign area. F It El MODEL REGULATORY GUIDELINES Wall Sign Area — Examples of Area Calculations and the Effect of Measurement Alternatives Examples r 11leasuring the examples using multiple geometric shapes — 99 `711`� s ti I'll ' ,7 Kepresentation of sign areas using singlegeomettic shapes equivalent to the areas (square feet) using multiple geometric shapes. Area - 63% Letter Height - 47% Penalty When Using a Single Geometric Area Area - 40% Area - 66% Letter Height - 30% Letter Height - 40% These examples illustrate that when a singlegeomettzc shape is required to measure the sigh area of a unique, attractive sign, that the size and effectiveness of the sign is penalised (substantially reduced in height and area) compared to measuring the sign with multiple geomettic shapes Open space - part of sign area i��":''iiia ��:i IF I Sign Area i`4niorProtrusion not included in sign area This illustrates the areas to be included within tl3e calculation of a Sign Area. It is useful to include, in The sign regulations, illustrations that intetpmt provi- sions in the code, similar to tlyis one. Comment. • Wlben measuring wall signs, multiple geometric shapes should be used, rather than one rectangle. This is to assure that "air space" or 'Vie background wall" are not included as part of the sign area. W15en reasonable background areas are not excluded then uniquely shaped signs are often penalitied. This is because in order to compywit17 the maximum area (using a single geomettzc shape) the message area will be smaller than other "conventionally " shaped signs in the vicinity, or even on tl)e same building. FurtImimore, the sign may trot be adequately visi- ble. 27 Comment. • Multiple faced signs are particularly applicable on corner lots when the regulations permit the consolidation of mul- tiple signs into one larger sign at the corner. " One larger sign is often mewed as more prefera- ble than multiple smaller signs. TMODEL REGULATORY GUIDELINES Calculation of Freestanding Sign Area Tlje black dasbed line indicates Me' area Sohd Base ountUnder -, Air Under Sign In the sign to the left, the flame Not Counted As may or may not be included in the Area sign area. In the sign above, the solid base is not included in the sign area. 4. When two identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time, and are part of the same sign structure, the sign area shall be computed as the measurement of one of the two faces. When the sign has more than two display sur- faces, the area of the sign shall be the area of largest display surfaces that axe visible from any single direction. The area of a sign, wit/) more than two faces, would be calculated as the area of the largest rectangular plane of the panels that are visible from arty single location. 5. In the event of a dispute in determining the area or dimen- sions of any sign, a negative decision of the Zoning En- forcement Officer may be appealed, by the applicant's submitting a formal application to the Planning Commis- sion (See also Comment in Section 106). - 28 MODEL REGULATORY GUIDELINES 101.02. Determining Sign Height. 1. The height of a freestanding sign shall be measured from the base of the sign or supportive structure at its point of attachment to the ground, to the highest point of the sign. A freestanding sign on a man-made base, including a graded earth mound, shall be measured from the grade of the nearest pavement or top of any pavement curb. The height of a sign is measured f rom the grade of the street level where the sign is viewed; not from the top of the mound When the sign is too low, it has limited effectiveness particularly when it is blocked from view. Furthermore, in most instances it is unrealistic to ea pect that the parking can be moved to make these lower signs more visible. Alternatively, if the parking is eliminated, the remaining park- ing spaces will often fall below the code required and what the business(es) need. Acceptable sign height 2. Clearance for freestanding and projecting signs shall be measured as the smallest vertical distance between finished 29 Comment: The measurement of' thesign height is to assure that each sign has yea tunable and, generally, equal visibility. This means that if ' the grade of the site is substantially lower than the adjacent public street, the Zoning Enforcement Officer- should cershould have the authority to determine that additionalsign height is warranted (above the lower grade) to assure that the sign has visibility equal to the other signs along the street. Al- teruzatively, the sign should not be granted extra height by mea- suring the height from an `artifi- cial" site feature that has raised the base of the sign substantially above the grade of the adjacent street. /Mn Primary Frontagat STREET Primary Secondary Frontage Frontage Multiple Tenant Building Comment.• A minimum area al- lowance assures that even the smal- lest tenant is able to bave a sign that is visible to the intended view- er. Comment: Even when each tenant is entitled to a proportional share of sign area based on the building frontage, the overall sign allowance for die building remains in propor- tion to the sitie of the building wall. Signs on multiple building eleva- tions do not contribute to sign clut- ter since the overall sign allowances remain in proportion to the sitie of the building walls and the signs on no more than two elevations can be viewed at the same time. MODEL REGULATORY GUIDELINES grade and the lowest point of the sign, including any framework or other embellishments. 101.03.' Determining Building Frontages and Frontage Lengths. 1. Building Unit - The building unit is equivalent to the te- nant space. The frontage of the tenant space on the first floor shall be the basis for determining the permissible sign area for wall signs. 2. Primary and Secondary Frontage - The frontage of any building unit shall include the elevation(s) facing a public street, facing a primary parking area for the building or te- nants, or containing the public entrance(s) to the building or building units. a. The primary frontage shall be considered the portion of any frontage containing the primary public entrance(s) to the building or building units. b. The secondary frontage shall include those frontages containing secondary public entrances to the building or building units, and all building walls facing a public street or primary parking area that are not designated as the primary building frontage by subsection "a" above. 101.04. Length of Building Frontage. 1. The length of any primary or secondary building frontage as defined in Section 107, shall be the sum of all wall lengths parallel, or nearly parallel, to such frontage, exclud- ing any such wall length determined by the Zoning En- forcement Officer or Planning Commission as clearly unre- lated to the frontage criteria. 2. For buildings with two or more frontages, the length of the wall and allowable sign area shall be calculated separately for each such building frontage. 3. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit. STREET Primary Secondary Frontage Frontage Single Tenant Building 30 MODEL REGULATORY GUIDELINES Section 102. Signs Permitted The signs permitted in each character area are those indicated in Exhibit 1. Comment.- Exhibit 9 indicates the signs that are typically permitted in each character- area. In some cases the sign type is always perwaitted. In other instances the sign may be permitted depending on the design characteris- tics of the character area or a portion thereof. For example, in a traditional downtown or neighborhood devel- opment space may not be available for freestanding signs. Conversely, projecting signs, perpendicular to the building and visible from the sidewalk may be very appropriate. Alternatively, in a suburban design configuration freestanding signs should be expected. Projecting signs may be appropriate depending on the de ign of the development and the businesses relationship to pedestrian walk- ways — whether the walkways are along the public streets or are private walks directly in front of the business- es. In a suburban environment a freestanding sign should be permitted for each separate development, whether the development is comprised of a single business or multiple businesses on the same site. Exhibit 1— Signs Permitted in Each Character Area Character Area Downtown Small Commerical General Conmercial Highway Commercial Mixed Use Office Industrial Traditional Suburban Wall Sign • • • • • • • • Projecting Sign • • O O O • O O Directory Sign • • • • • • • Signs for Upper Floor Tenants (1) • • • • Building Identifcation Signs • • 0 • • • • • Freestanding Sign: Multiple Businesses (2) Single Business 00 • • • • • • • • • Freestanding Sign - for the identification of the project or development • • • • • • The sign would be generally permitted O These signs could be permitted depending on the design characteristics (building and parking arrangement, pedestrian circulation, etc.) and whether adequate space is available (1) Buildings in the character areas (suburban, general commercial, and highway commercial) will typically be one story. Therefore, sign possibilities for multiple story buildings are not shown. However, if they are multiple floors, then the applicable standards for multiple floor buildings would apply. (2) In multiple tenant centers, each business may not be entitled to its own freestanding sign 31 Comment: lilben referring to Exhibits, a community must be selecting the appropriate sitie of the signs based on the characte- fistics of the area that assure that the sign is legible and com- prehendible f om the expected viewing distance.. Comment. • Each tenant may have more than h wall sign when the total sign area is with- in the permissible limits. The si e of the sign (picture on top) is in proportion with the si.Ze of the wall area; in the lower illustration the sign is too small. MODEL REGULATORY GUIDELINES Section 103. Development Standards 103.01. Wall signs 1. The basic allowance for wall signs shall be limited to square feet of sign area for each lineal foot of building or tenant frontage. See Exhibit 2. 2. The minimum sign area for each tenant shall not be less than square feet (say, 20 or 25 square feet) 3. Each tenant may have multiple wall signs as long as the total wall sign area does not exceed the allowances estab- lished for wall signs using Exhibit 2. ,411�A(=p HANHA ;MrTHE CRAMER These pictures illustrate tbat mul- tiple signs for a single tenant can be appmpiate and continue to be in proportion to (or in scale with) the si.Ze of the tenant space and the side of the wall. The flexibili- ty of multple signs also offers the community more opportunity for meative design. 32 T\1ODEL REGULATORY GUIDELINES Exhibit 2 — Wall Sign — Basic Allowances "Since mixed use areas may vary widely with respect to scale, form and location (relative to existing street patterns) the potential sign allowances can also vary widely -- from replicating a downtown character to replicating a general commercial character Comment. Exhibit 2 represents the range of sign cities that are appropriate to balance the objectives of the community, be comprehendible f om the adjacent street, and to be in scale with the sitie of the building and its architecture. Most of these signs are fiat against the wall of the building. Therefore, the visibility of the sign to the motorist on.tbe adjacent street, is more related to the distance the building is setback f om the street right-of-way than the distance the building is "down the street" in front of the motorist's line of vi- sion. Therefore the basic sign sities selected should reflect the sitie and scale of the buildings and their re- quired oz prevailing setbacksfrom om the public street. The bonuses, derived from the basic standard, assure that when the building is placed fartber f •one the viewer the sign becomesectively "bigger" to off -set the increased distance. The minimums will only be applicable in very tight pedestrian oriented environments (e.g. small historic downtowns with narrow streets and little through tra�c) when the sign can not be viewed fi om long dis- tances. 33 Square Feet of Sign Area Per Lineal Foot of Building or Tenant Frontage Character Area 1.50 1.75 2.00 2.25 2.50 2.75 3.00 3.25 Downtown Small Commercial -Traditional Small Commercial - Suburban General Commercial Highway Commercial Mixed Use* Office Industrial "Since mixed use areas may vary widely with respect to scale, form and location (relative to existing street patterns) the potential sign allowances can also vary widely -- from replicating a downtown character to replicating a general commercial character Comment. Exhibit 2 represents the range of sign cities that are appropriate to balance the objectives of the community, be comprehendible f om the adjacent street, and to be in scale with the sitie of the building and its architecture. Most of these signs are fiat against the wall of the building. Therefore, the visibility of the sign to the motorist on.tbe adjacent street, is more related to the distance the building is setback f om the street right-of-way than the distance the building is "down the street" in front of the motorist's line of vi- sion. Therefore the basic sign sities selected should reflect the sitie and scale of the buildings and their re- quired oz prevailing setbacksfrom om the public street. The bonuses, derived from the basic standard, assure that when the building is placed fartber f •one the viewer the sign becomesectively "bigger" to off -set the increased distance. The minimums will only be applicable in very tight pedestrian oriented environments (e.g. small historic downtowns with narrow streets and little through tra�c) when the sign can not be viewed fi om long dis- tances. 33 MODEL REGULATORY GUIDELINES 1 square foot per lineal foot 2 square feet per lineal foot Photographs illustrating Some Area Allowances in Exhibit 2 (Multiple Tenant Buildings) Comment: This is to assure 4. The wall sign or signs, shall not be greater than eighty that the sign of one tenant is not (809/6) percent of the length of the tenant space or the so close to the sign of an adjacent length of the building frontage for single tenant buildings. tenant that the two signs would "run into each other. " 5. The area of any wall sign may be increased by twenty-five (25%) percent when the building is setback at least two hundred (200) feet from the public right-of-way and may be further increased an additional twenty five (25%) per- cent for each additional two -hundred (200) feet of setback, or fraction thereof, up to a maximum increase of one - hundred (100%) percent. 34 MODEL REGULATORY GUIDELINES 6. Additional wall sign area is permitted for a secondary fron- tage (see Definitions) which shall be equal to 100% of the primary sign area allowance based on allowances selected using Exhibit 2. These illustrations reflect an appropriate sign bonus be- ing availablefor the second- ary frontages. 7. The following additional wall signs may be permitted: a. Projecting signs are permitted, in addition to the al- lowances for wall signs when designed and placed for the purpose of identifying the businesses for a pede- strian walking along the same side of the street as the business they seek or under a continuous rain canopy projecting from the building. Projecting signs shall have a maximum area of _ square feet; the bottom of the sign shall be a minimum of eight (8) feet above Comment. This is an §ective means of enabling pedestrians in font of the buildings to conve- niently find business in the im- mediate vicinity. These should be permitted in the character areas as indicated on Exhibit 1. Projecting signs are applicable when there are multiple busi- nesses in continuous buildings with an adjacent sidewalk on which pedestrians are walking parallel to the f ont of the build- ing. These buildings may be adjacent to a public street or ae#acent to a private walkway in front of buildings that are sub- stantially setback from the pub- lic right -of way. MODEL REGULATORY GUIDELINES the sidewalk; the sign shall not project more than _ feet from the wall of the building on which the sign is placed; and adjacent projecting signs shall not be closer than feet Illustration on t1ye left shows under canopy sign and on the right a projecting sign Comment. Depending on the si.Ze and scale of the buildings and the a,§acentpedestrian area, suggested standards for pro- jecting signs: ■ Maximum area 8 to 16 square feet, orgreater; • Projecting from wall not more than 4 to 6 feet dependiiig on the sitie of the sign; • Minimum spacing between projecting signs — 15 to 20 feet. b. Building Directory — In addition to the wall signs otherwise permitted by these regulations an additional sign may be permitted up to a maximum of square feet for the purpose of identifying first floor te- nants that do not have outside building frontage or up- per floor tenants. 36 C C C7 IN MODEL REGULATORY GUIDELINES 8. Additional Wall Signs for Multiple Story Buildings — An additional building sign is permitted on each of the building's primary and secondary frontages according to the following: a. For a building with two (2) floors the additional permit- ted sign area is square feet for each eligible wall. b. This additional permitted sign area may be increased by square feet for each additional building floor. c. The sign must be placed at the height for which the bonus has been granted. Sign illustrations on multiple story buildings 37 Comment: Even though this permits additional building signs, the total sign area contin- uer to be in proportion to the si , of the building. The addi- tional allowance could approx- imately permit a minimum bo- nus of 20 to 30 square feet plus 10 to 15 square feet for each additional floor. This would be sufficient for the additional sign on the upper floor of the building to be visible. MODEL REGUL.-�TORY GUIDELINES 103.02. Freestanding signs 1. The area of freestanding signs shall be a maxunum of square feet (as determined from Exbihit _3 . Comment. The requisite area for a freestanding sign is based on several factors Ptimaiiyamong them are.- the re.the amount of time the motorist has to view the sign, the distance from which the sign will be viewed, the amount of information that can be comprehended during the "viewing time",- the required sitie of the letters; and the ratio of the message area (letters, logos and gmbols) to the sign's background. lYlhen these factors are reasonably applied the sities of the signs will generally correspond to those sities in Appendix B which illu- strates the sign area for three typical conditions. Additionally, the sitie and clarity are influenced by lighting, colors and the letter font. Generally the smaller signs will be associated with lower peed limits and the larger signs associated with higher speed limits including at freeway interchanges- Exhibit nterchanges Exhibit 3 - Freestanding Signs — Basic Area Allowances * When the mixed use development replicates downtown form and scale there may not be suitable space available for freestanding signs. 38 M n Proposed Sign Areas .ft. Character Areas 40 60 80 100 120 140 160 180 200+ Downtown Small Commercial -Traditional Small Commercial - Suburban General Commercial Highway Commercial Mixed Use* Off i ce Industrial * When the mixed use development replicates downtown form and scale there may not be suitable space available for freestanding signs. 38 M n TMODEL REGULATORY GUIDELINES 2. There shall be both a minimum and a maximum height of freestanding signs for each property with the standards es- tablished for each character area. (See Exhibit 4). The sign is blocked by parked carr when it is too lory Example of lower sign — L�rndscaped Area along Local Street 3. No portion of a freestanding sign shall be in, or project over, a public right-of-way and maximum setback shall be no greater than feet. 39 Comment: The minimum height should assure that the bottom of sign is visible above parked and moving vehicles and any other obstructions that night block the view of the signs. To accomplish this, the naininaum height of the sign — to accommodate a mini- mum clearance of 7 feet f om the ground and the message area — should be 12 feet to the top of the sign. This limited height, however, only permits a sign area five feet in height. A 14 feet high sign would affordgreat- er design flexibility for the shape of the sign. Lower signs should only be considered on local retail or industrial streets when there is a generous landscaped area a jacent to the street in which to place the signs, the trafc vo- lumes are light, and the speed is relativeyslow. Comment. • The maximum set- back should not place the sign outside of the driver's cone of vision which is no greater than ten (10) degrees fron either side of the driver's line of sight. 1\1ODEL REGULATORY GUIDELINES Exhibit 4 - Freestanding Signs — Basic Height Allowances (a) (a) Given the nature of the sites in residential areas, which typically have large front yards, low traffic volumes, and limited on street parking, a City may impose a lower height limit for the freestanding sign for institutional uses and subdivision entrances. Nevertheless the sizes of these signs should be determined using the same criteria that is applied to all freestanding signs and which is illustrated in Exhibit 3 and Table 1 Comment: Additional freestand- ing signs insure that large single development sites are generally afforded the same number of signs as multiple smaller sites. If this "equity" is not provided the large sites are penalized and, therefore, the owner may seek a subdivision of the land in order to obtain its proportional share Of signage. An additional sign on the second street frontage (corner lot) grants appropriate sign visibilio for its passing traffic on both streets. 4. Additional freestanding signs shall be permitted for eveiy feet of site frontage, in excess of feet of lot frontage and for corner lots. 5. The permitted sign area may be aggregated into fewer and larger signs, at the election of the property owner/business, provided that the size of any single sign does not exceed the area permitted pursuant to "1" or "2" above by more than %. Comment: Permitting the flexibility for larger signs is based on the premise that fewer and larger signs are in both public and private interests. The business gets larger signs and the public (as they would perceive it) less clutter. Such aggregation could -per -mit the larger sign to be 50% to 100% larger than the basic sign area allowances; the total permissible sign area is not increased. 40 low Maximum Height (feet) Character Areas 12 20 30 40 50 60 70 80 100 Downtown Small Commercial -Traditional Small Commercial - Suburban General Commercial Highway Commercial Mixed Use Office Industrial (a) Given the nature of the sites in residential areas, which typically have large front yards, low traffic volumes, and limited on street parking, a City may impose a lower height limit for the freestanding sign for institutional uses and subdivision entrances. Nevertheless the sizes of these signs should be determined using the same criteria that is applied to all freestanding signs and which is illustrated in Exhibit 3 and Table 1 Comment: Additional freestand- ing signs insure that large single development sites are generally afforded the same number of signs as multiple smaller sites. If this "equity" is not provided the large sites are penalized and, therefore, the owner may seek a subdivision of the land in order to obtain its proportional share Of signage. An additional sign on the second street frontage (corner lot) grants appropriate sign visibilio for its passing traffic on both streets. 4. Additional freestanding signs shall be permitted for eveiy feet of site frontage, in excess of feet of lot frontage and for corner lots. 5. The permitted sign area may be aggregated into fewer and larger signs, at the election of the property owner/business, provided that the size of any single sign does not exceed the area permitted pursuant to "1" or "2" above by more than %. Comment: Permitting the flexibility for larger signs is based on the premise that fewer and larger signs are in both public and private interests. The business gets larger signs and the public (as they would perceive it) less clutter. Such aggregation could -per -mit the larger sign to be 50% to 100% larger than the basic sign area allowances; the total permissible sign area is not increased. 40 low MODEL REGULATORY GUIDELINES It is also important to note that irr addition to the basic and objective regulatoy requir�nrents of a community's sign regulations, the communi- ty should also permit flexibility in the sitie and the placement of signs when in accordance with an overall Sign Plan that is approved by a designated Board or Commission. Such a Sign Plan would set forth the parameters for all signs proposed that deviate from the standards with respect to sitie, location, andl or construction standards. Once the Sign Plan has been approved subsequent installation of new or replace- ment signs may be approved administratively when the proposed indi- vidual signs are consistent with the previously approved Sign Plan. Also see Section 105.03. Additionally, any applicant that chooses to propose a sign that is not incompliance with the code has the right to make such request to the community's Planning Commission. The Planning Commission is preferred (rather than an Appeals Board) since most often the deviation is more apt to be based on the appropriateness of the sign size, location and design rather than on ypical hardship or practical dculty parameters that are the purview of an Appeals Board. SM Multiple tenant identification along the street often results in multiple elements and clutter which are con- trary to the principles in this model code. T his electronic message is used by a single tenant but could meet the needs of multiple tenants as well. MODEL REGULATORY GUIDELINES 103.03. Electronic Message/ Changeable Copy Signs Comment: A community, in fonvulating its sign regulations, should recognise the emerging technology and benefits of electronic messages. The technology has sir iciently advanced so that electronic message cen- ters (EMCs) are more in demand because they offer more effective busi- ness identification and promotion relative to their cost. The EMCs also enable multiple tenants in a building or complex to achieve identifi- cation "at the street" — on a single freestanding sign. These �pically are instances where the regulations and/or the property owner's alloca- tion (of the available area) does not permit ary additional signs for the tenant or space on the permitted sign for the permanent identification of all tenants However, there are often two contrasting views of EMCs One view is that frequently changing EMCs can be viewed as a dynamic asset to the economic vitality of each business and to the community. Alterna- tively, t1� y can be viewed as increasing visual clutter, distracting motor- ist's attention and contrary to the general development objectives of the community and the purposes of the community's sin regulations: Therefore, this model suggests alternative regulatory approaches from which the City may choose to achieve the benefits of EMCs while ad- dressing various concerns. When appropriate, the regulations could also confine electronic messages to a portion of a CharacterArea. Many of the concerns regarding EMCs are related to brightness. Since the technology is available, it is reasonable that EMCs be required to have dimming capabilities that adjust the brightness to the ambient light — regardless of the time ofday. Lastly, the regulations should make re gulatoy distinctions between electronic changeable copy and the older mechanical or manual changea- ble signs 1. Changeable copy by non -electronic means may be utilized on any permitted sign. 2. Only one (1) EMC sign is permitted on a zoning lot for each street on which the development fronts and the sign is visible unless additional EMCs are approved by the Comment: The community needs to determine if this is the Chief Enforcement Officer, the Planning Commission or other bod i. 42 J E, MODEL REGULATORY GUIDELINES 3. In the Character Areas electronic message centers (EMCs) are permitted provided that the copy does not change more than once every _ seconds and the electronic message center does not exceed (say, 30 to 50%) percent of the total sign area permitted on the site. See Exhibit 5). Illustrations of changeable copy signs -- both manual and electronic. 4. In the Character Areas EMCs are permitted with unlimited motion provided the electronic message center does not exceed (say 3001o, of the total sign area permitted on the site). 5. In the Character Areas the EMCs are not limited. 6. All EMCs are required to have automatic dimnning capa- bility that adjusts the brightness to the ambient light at all times of the day and night. 43 MODEL REGULATORY GUIDELINES 7. No single electronic inessage is permitted to be repeated by flashing inore than once every sixteen (16) seconds. EXHIBIT 5- Electronic Message Center Regulations (1) Assumes that Highway Commercial is a relatively small geographic area focused at a highway interchange. (2) Harder to make distinctions among various locations in the office and industrial zone. (3) These Special Use District/Uses are not necessarily part of the Character Areas, above. An example of an entertainment &st&t in wbicb mul- tiple EMCs are a community benefit. 44 Motion Permitted Limitation Size Limitation Location and Other Considerations EMCs as a Character Area Maximum % of the Total EMCs as a Could Apply Sign Area Maximum % to Partof Yes (Y) or Permitted of a Single Character Away from Confine to No (N) on the Site Sign Area Residential Main Street Downtown Y 8 seconds to 30% to 100% Yes Yes Yes Unlimited 100% Small Commercial - Traditional N Small Commercial - Suburban Y 8 seconds 30% to 50% 67% No General Commercial Y 8 seconds to 30 % to 50% 80% Yes Yes Yes Unlimited Highway Commercial (1) Y 8seconds 30%to 50% 80% to No 100% Mixed Use Y 8 seconds to 15% to 30% 50% to 80% No 1 second Offices Y 8 seconds to 15% to 30% 50% to 67% No (2) 1second Industrial Y 8 seconds to 30% to 50% 50% to 80% No (2) Unlimited Special Use Districts/Uses (3) Y None None (1) Assumes that Highway Commercial is a relatively small geographic area focused at a highway interchange. (2) Harder to make distinctions among various locations in the office and industrial zone. (3) These Special Use District/Uses are not necessarily part of the Character Areas, above. An example of an entertainment &st&t in wbicb mul- tiple EMCs are a community benefit. 44 H MODEL REGULATORY GUIDELINES 103.04. Instructional signs Instructional or "way -finding" signs shall be permitted in addi- tion to all other signs when they are of such size and location that satisfy the intended instructional purpose and based on their size, location, and intended purpose will not constitute additional advertising. Instructional signs shall be permitted without limitation as to number or size and may include the name of the business and logos. Illustration of some types of Instructional Signs 103.05. Window Signs Permanent window signs shall not exceed twenty-five (25%) percent of the area of a window and the total area of all win- dow signs, including both permanent and temporary, shall not exceed fifty (50%) percent of the window area. 103.06. Temporary Signs 1. Special Events — It is reasonable for a community to regu- late signs for special events — whether these events are re- lated to commercial enterprises (grand opening, clearance sales, sidewalk sales, etc.) or institutional (places of wor- ship, schools, non -profits) festivals, etc. These regulations can include: the number of days the signs can be displayed; the number and type of advertising devices (signs, banners, balloons, etc.) that can be displayed; and their location on the property. 2. Real Estate/Political — Each property must be granted temporary signs for these purposes any time of the year. 45 Comment. Instmaional Signs, when approximateysitied and located, facilitate traffic safety. Comment. • Window signs — th tempora y and permanent "add to the vitality of a com- mercial area. Since window signs generally have different purposes and different impacts than either wall ore freestanding signs, window signs should be regulated through a separate standard. To assure, however, that the windows retain their intended purpose — visibility into andfrom rom the building — a max- imum window sign coverage, including both temporag and permanent, is reasonable. MODEL REGULATORY GUIDELINES = The community, however, may regulate the maximum size of any one sign and the total permitted sign area on the property at any one time. Section 104. Non -Conforming Signs 104.01. General Provisions Comment.- Achieving the long 1. Nonconforming signs shall be maintained in good condi- term removal of non-confomihig tion pursuant to Section 106. signs is in the mutual best inter- ests of both the business commu- 2 A nonconforming sign shall not be altered, modified or and the City. lu reconstructed except: such elimination some business- a. When such alteration, modification or reconstruction es, with non -conforming signs, would bring such sign into conformity with these regu- continue to have a decided ad- lations; b. When the existing use has new ownership which results va�ztage over those newer busi- nesses that have installed signs in a change in the name or logo of the use or business in compliance with the newer on the property, and such change complies with sub - regulations. Furthermore, there section "d" below; will be tendencies to retain such c. When the space is reoccupied by a similar use and the larger —and perhaps `fired" new occupant requires no external building or site re - signs beyond their useful life in novation, and such change complies with subsection "d" oder to continue a long standing below; advantage. Conversely, elimi- d. Any alteration, modification or reconstruction permit - hating non -conforming signs ted in this section shall be limited to the replacement of assure, over time, level playing a sign panel, replacing individual letters and logos with - for all businesses - at least in the same area or repainting a sign face, and does not with with re pect to signs. permit changes to the structure, framing, erection or re - location of the sign unless such changes conform to p subsection "a" above. Comment. • Planning Commissions are better able to address the de- 104.02. Limitations for Non -Conforming Signs sign and compliance issues that result from sign appeals. In addi 1. A nonconforming sign shall be removed upon verification tion, Planning Commissions gen- that any of the following conditions have been met: erally are not bound by the `hard- a. The use to which such non -conforming sign refers has ship" or `practical difficulty" been abandoned for more than 180 consecutive days; standard that !)pically is used by or boards of appeal. And, most of b. The regulation or amendment to these regulations the requested relief f ins the sign which made the sign non -conforming has been in ef- regulations are more apt to be fect for ten (10) years or more. approved because the proposal is "appropriate, doesn't compromise 2. Extension of time to comply -The dates established in this a public interest" rather than be- Section for a sign to be brought about into compliance cause there is a demonstrated with the requirements of these regulations may be extended bardsh p. 46 MODEL REGULATORY GUIDELINES at the request of the sign owner or leasee. In evaluating the extension of time for a nonconforming sign, the City shall consider the following factors to determine whether the owner of the sign has had reasonable amount of time to re- coup the initial investment: a. The value of the sign at the time of construction and the length of time the sign has been in place; b. The life expectancy of the original investment in the sign and its salvage value, if any; c. The amount of depreciation and/or amortization of the sign already claimed for tax or accounting purposes; d. The length of the current tenant lease or expected oc- cupancy compared to the date the sign is to be brought into compliance; e. The extent to which the sign is not in compliance with the requirements of these regulations; and f. The degree to which the City determines that the sign is consistent with the purposes of these regulations. g. Whether the sign has "historical" or "landmark" signi- ficance and should, therefore, be exempt from amorti- zation (See also Appendix A.) Section 105 Sign Review Procedures Comment. The regulations shorsld Comment: Prior to submitting a formal application, applica�ats are en- include specific and objective stan- couraged to meet with the community's administration and/or Planning dards with respect to construction Commission, to fully understand the 00 's requirements, objectives, in- and placement standards with topretations, and review procedures. sufficient detail that compliance with the regulations can be deter - 1. Time limits — All sign applications shall be reviewed for mined by an administrative off - compliance with these regulations within ten (10) business tial days from the time a completed application has been ac- the exception of a proposed cepted by the Zoning Enforcement Officer. CComitb omprehensive Sign Plan (CSP), 2. All appeals and variances regarding the sign ordinance subjective determinations by a Board or Commission slyould be would be heard by a community's Planning Commission rather than by a Board of Zoning Appeals if not otherwise avoided since criteria is too often prohibited by law. overbroad and, therefore, applied inconsistently and arbitrarily. 3. A Comprehensive Sign Plan (CSP) may be submitted that The CSP offers the businesses and permits consideration of unique conditions, flexibility and the community the opportunity creativity. Such CSP is subject to approval by the Planning be and flexibility to advance more creative sign solutions that would Commission. The application of such plan can not requirements than be equally beneficial to the busi- viewed as imposing more restrictive permitted by the basic standards, but rather, may permit nesses and tlje community. 47 Comment. • Among several other unique considerations, a CSP determination could be applicable for a large business development Mat has an unusually limited f ontage, witlr an access drive, on the main streets compared to the sitie of the parcel Comment: A proposed sign '! that is in violation of the provi- sion in Section 106.01 (3) shall . be denied by the administra- j tivekZoning official. However, such denial may be referred to the Planning Commission for the Commission to determine the appropriate adjustments to the sign's location, sitie or the design and constmction approaches to assure that the provisions of this section are satisfied. MODEL REGULATORY GUIDELINES additional signs and/or sign area based on the applicant's demonstration of unique characteristics of the design, building, and/or site and appropriate landscaping asso- ciated with the freestanding signs. Once a CSP has been approved subsequent applications for specific signs shall be approved administratively when the proposed sign is in compliance with the approved CSP. 4. If proposed signs do not comply with the provisions of Section 106.01, the applicant may submit an application to the Planning Commission to determine the adjustments, if any that are appropriate to satisfy the requirements of Sec- tion 106.01. Section 106 Supplemental Considerations 106.01. Construction Standards The construction, erection, safety and maintenance of all signs shall comply with the (This blank should refer to the applicable building code) and all of the following: 1. Signs shall be structurally sound and located so as to pose no reasonable threat to pedestrian or vehicular traffic. 2. All permanent freestanding signs shall have self-supporting structures erected on, or permanently attached to, concrete foundations. 3. If possible, signs should not be in locations that obscure architectural features such as pilasters, arches, windows, cornices, etc. 4. The signs should not be in locations that interfere with safe vehicular and pedestrian circulation or public safety signals and signs 5. No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window, or door opening used as a means of egress. 6. Signs shall be structurally designed in compliance with ANSI and ASCI standards. All elective signs shall be con- structed according to the technical standards of a certified testing laboratory. 48 1-1 MODEL REGULATORY GUIDELINES 7. Signs may be illuminated — by external or internal means -- provided that: a. The brightness and intensity shall not be greater than necessary to meet reasonable needs of the business or use served; b. Light sources shall be shielded from all adjacent build- ings and streets; and c. The lighting shall not create excessive glare to pede- strians and/or motorists, and will not obstruct traffic control or any other public informational signs. 106.02. Maintenance All signs shall be maintained in accordance with the following: 1. The property owner shall maintain the sign; in a condition appropriate to the intended use; to all City standards; and has a continuing obligation to comply with all building code requirements. 2. If the sign is deemed by the Zoning Enforcement Officer to be in an unsafe condition, the owner of the business shall be immediately notified in writing, and shall, within 48 hours of receipt of such notification, respond to the city with a plan to correct the unsafe condition, remove the un- safe sign, or cause it to be removed. If after days, the unsafe condition has not been corrected through repair or removal, the Zoning Enforcement Officer may cause the repair or removal of such sign, at the expense of the prop- erty owner or lessee. If the total costs are not paid in full within days of the repairs or removal, the amount owed shall be certified as an assessment against the proper- ty of the sign owner, and lien upon that property, together with an additional percent penalty for collection as prescribed for unpaid real estate taxes. 3. In cases of emergency, the Zoning Enforcement Officer may cause the immediate removal of a dangerous or defec- tive sign without notice. 4. Whenever any sign, either conforming or nonconforming to these regulations, is required to be removed for the pur- pose of repair, relettering or repainting, the same may be done without a permit or without any payment of fees pro- vided that all of the following conditions are met: 49 MODEL REGULATORY GUIDELINES a. There is no alteration or remodeling to the structure or . the mounting of the sign itself; b. There is no enlargement or increase in any of the di- mensions of the sign or its structure; c. The sign is accessory to a legally permitted, conditional or nonconforming use. 106.03. Signs Exempt from the Regulations The following signs shall be exempt from regulation under this Zoning Ordinance. 1. Any public purpose/safety sign and any other notice or warning required by a valid and applicable federal, state or local law, regulation or resolution. 2. Works of art that do not include a commercial message. 3. Religious and other holiday lights and decorations contain- ing no commercial message, and displayed only during the appropriate time of the year. 4. Flags of the United States, the state, foreign nations having diplomatic relations with the United States, and any other is flag adopted or sanctioned by an elected legislative body of competent jurisdiction. These flags must be flown in ac- cordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meet- ing these conditions shall be considered a sign and shall be subject to regulations as such. 5. Building markers. 106.04. Prohibited Signs The following signs are prohibited in the City: 1. Abandoned signs, as defined in Section 107. 2. Animated, flashing, rotating signs and festoons as defined in Section 107, inflatable signs, tethered balloons, banners, pennants, searchlights, streamers, exposed light bulbs, strings of lights not permanently mounted to a rigid back- ground, and any clearly similar features, except those spe- cifically exempt from regulation in Section 106.03, special event signs or banners permitted in 103.06, or electronic message centers as permitted in Section 103.03. 44 50 MODEL REGULATORY GUIDELINES 3. Signs on vehicles when the vehicle is placed in a location not normally expected for such vehicles, and the location apparently has the primary purpose of attracting attention or providing advertising in addition to that permitted for legal wall and/or freestanding signs on the site. 4. Signs containing any words or symbols that would cause confusion because of their resemblance to highway traffic control or direction signals. Merchandise, equipment, products, vehicles or other items which are not available for purchase, but are intended to at- tract attention, or for identification or advertising purposes. 6. Signs located on trees, utility poles, public benches or any other form of public property or within any public right-of- way unless explicitly permitted by the regulations. 7. Other signs or attention getting devices that raise concerns substantially similar to those listed above. Section 107. Definitions The following words and phrases used in this Sign Code shall have the following meanings: Abandoned Sign. A sign which for a period of at least consecutive days or longer no longer advertises or identifies a legal business establishment, product or activity. Alteration. Any change in copy, color, size or shape, which changes appearance of a sign, or a change in position, location, construction or supporting structure of a sign, except that a copy change on a sign is not an alteration. Animated Sign. A sign which has any visible moving part, flashing or osculating lights, visible mechanical movement of any description, or other apparent visible movement achieved by any means that move, change, flash, osculate or visibly alters in appearance in a manner that is not permitted by these regu- lations. Area of Sign. Refer to measurement standards in Section 101. Attraction or Reader Board. Any sign having changeable copy for the purpose of advertising events, sales, services or products provided on the site. 51 MODEL REGULATORY GUIDELINES Awning. A shelter extending from the exterior wall of a build- ing and composed of nonrigid materials except for the sup- porting framework. Awning Sign. Any sign painted on or attached to or sup- ported by an awning. Balloon Sign. A lighter -than -air gas-filled balloon, tethered in a fixed location, that has a sign with a message on its surface or attached in any manner to the balloon. Banner Sign. A temporary, lightweight sign that contains a message which is attached or imprinted on a flexible surface that deforms under light pressure and that is typically con- stricted of non -durable materials, including, but not limited to, cardboard, cloth and/or plastic. Billboard or Poster Panel. An off -premises sign. Building Identification Sign. Any sign containing the name or address of a building and may include hours of operation and emergency information, such sign being located on the same site as the structure. Canopy. A freestanding permanent roof -like shelter not at- tached to or requiring support from an adjacent structure. Canopy Sign. Any permanent sign attached to or constructed underneath a canopy. These signs are below a projecting struc- ture which extends over the pedestrian walkway which effec- tively prevents the wall signs for being visible to the pedestrian walking under the canopy. See Also Projecting Sign. Changeable Copy Sign. A sign or portion thereof on which the copy or symbols change either automatically through elec- trical or electronic means (for example, time and temperature units), or manually through placement of letters or symbols on a panel mounted in or on a track system. Construction Sign. A nonpermanent sign identifying the per- sons, firms or business directly connected with a construction project. Directional Sign: A permanent instructional sign located on private property at or near the public right-of-way, directing or guiding vehicular traffic onto the property and/or toward park- ing or other identified locations on the property. 52 MODEL REGULATORY GUIDELINES Freestanding Sign. Any sign which is permanently affixed in or upon the ground, supported by one or more structural members, with air space between the ground and the sign face. Footcandle. A measure of illumination on a surface that is one foot from a uniform source of light of one candle and equal to one lumen per square foot. Governmental Sign. A sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation. Grade. The level of the site at the property line located at the closest distance to the sign. Height of Sign. Refer to measurement standards in Section 101. Holiday Decorations. Signs or displays including lighting which are a nonpermanent installation celebrating national, state, and local holidays or holiday seasons. Illegal Sign. Any sign placed without proper approval or per- mits as required by this Code at the time of sign placement. IV Illegal sign shall also mean any sign placed contrary to the terms or time limits of any permit and any nonconforming sign which has not been brought into compliance with any applica- ble provisions of this Code. Illuminated Sign. Any sign for which an artificial source of light is used in order to make readable the sign's message, in- cluding internally and externally lighted signs and reflectorized, glowing or radiating signs. Instructional Signs. A sign clearly intended for instructional purposes, as determined by the Zoning Enforcement Officer, shall not be included in the permitted sum of the sign area of identification wall signs, provided such sign is not larger than necessary to serve the intended instructional purpose, and such sign is not in a kzcation, nor includes design characteristics, that constitute or serve the purposes of an identification sign. Length of Frontage. 1. The measurement purposes, the length of any primary or secondary frontage as defined in Section 101, shall be the sum of all wall lengths parallel, or nearly parallel, to such frontage, excluding any such wall length determined by the Zoning Enforcement Officer or Planning Commission as clearly unrelated to the frontage criteria. 53 MODEL REGULATORY GUIDELINES 2. For buildings with two or more frontages, the length and allowable sign area shall be calculated separately for each such frontage. 3. The building frontage for a building unit shall be measured from the centerline of the party walls defining the building unit. Logo, Logogram, or Logotype. An emblem, letter, character, pictograph, trademark, or symbol used to represent any firm, organization, entity, or product. Marquee. A permanent rooflike shelter extending from part or all of a building face and constructed of some durable material which may or may not project over a public right-of-way. Marquee Sign. Any sign painted on or attached to or sup- ported by a marquee. (Note: Not sure the term is used) Mural. A picture on an exterior surface of a structure. A mural is a sign only if it is related by language, logo, or pictorial depic- tion to the advertisement of any product or service or the iden- tification of any business. Neon Sign. A sign with tubing that is internally illuminated by neon or other electrically charged gas. (Note: Not sure term is is needed) Nonconforming Sign. A sign which was validly installed un- der laws or ordinances in effect at the time of its installation, but which is in conflict with the current provisions of this Code. Off -Premises Sign. Any sign normally used for promoting an interest other than that of a business, individual, products, or service available on the premises where the sign is located. On -Premises Sign. Any sign used for promoting a business, individual, product or service available on the premises where the sign is located. Political and Noncommercial Signs. Any sign designed for the purpose of supporting or opposing a candidate, proposi- tion or other measure at an election or for any other noncom- mercial expression not related to the advertisement of any product or service or the identification of any business. Portable Sign. Any movable sign not permanently attached to the ground or a building and easily removable using ordinary hand tools. 54 MODEL REGULATORY GUIDELINES Primary and Secondary Frontage. The frontage of any building or site shall include the elevation(s) facing a public street, facing a primary parking area for the building or tenants, or containing the public entrance(s) to the building or building units. 1. For multi -tenant buildings, the portion of such building that is owned, or leased by a single tenant, shall be considered a building unit. 2. The primary frontage shall be considered the portion of any frontage containing the primary public entrance(s) to the building or building units. 3. The secondary frontage shall included frontages containing secondary public entrances to the building or building units, and all walls facing a public street or primary parking area not designated as the primary frontage by subsection 153.03 (c) (1) (A) above. Private Street. Primary access ways that are intended to pro- vide vehicular access to multiple commercial businesses and/or ownerships and are not dedicated as a public thoroughfare. Projecting Sign. A sign which projects from and is supported by a wall or parapet of a building with the display surface of the sign in a plane perpendicular to or approximately perpendicular to the wall. See also Canopy sign. Real Estate Sign. Any nonperinanent sign pertaining to the sale, exchange, lease, rental, or availability of land, buildings, condominium and similar units, or apartments. Such signs may include building name and address, price and amenities, identi- ty of seller or broker, and similar information. Revolving or Rotating Sign. An animated sign. Roof Sign. Any sign erected upon a roof, parapet, or roof - mounted equipment structure and extending above a roof, pa- rapet, or roof -mounted equipment structure of a building or structure. Sign. Any name, figure, character, outline, display, announce- ment, or device, or structure supporting the same, or any other device of similar nature designed to attract attention outdoors, and shall include all parts, portions, units, and materials com- posing the same, together with the frame, background, and 55 MODEL REGULATORY GUIDELINES supports or anchoring thereof A sign shall not include any i architectural or landscape features that may also attract atten- tion. Sign Face. An exterior display surface of a sign including non- structural trim exclusive of the supporting structure. Comprehensive Sign Plan (CSP). A coordinated program of all signs, including exempt and temporary signs for a business, or businesses if applicable, located on a development site. The sign program shall include, but not be limited to, indications of the locations, dimensions, colors, letter styles and sign types of all signs to be installed on a site. Site. All the contiguous ground area legally assembled into one development location which is a zoning lot. A zoning lot is defined as a permanent parcel (lot of record), multiple lots of record, or a portion of a lot of record. Special Event Sign. Any temporary or non -permanent sign advertising or pertaining to any civic, patriotic or special event of general public interest. Super Graphic. A painted design which covers all or a major portion of a wall, building or structure. A super graphic is a sign only if it is related by language, logo, or pictorial depiction to the advertisement of any product or service or the identifica- tion of any business. Temporary Sign. Any sign which is installed for a period not to exceed thirty days. Vehicle Sign. Any sign permanently or temporarily attached to or placed on a vehicle or trailer. Wall Sign. Any sign attached to or painted on the wall of a building or structure in a plane parallel or approximately paral- lel to the plane of said wall. I Window, Area of. The area of a single window includes all of Comment: Three (3) to four (4) { the window panes in an area that is separated by mullions, inches is Opicalyused as the muntins, or other dividers which are less than _ inches wide. standard. Window Sign. Any sign viewable through and/or affixed in any manner to a window or exterior glass door such that it is intended to be viewable from the exterior (beyond the sidewalk immediately adjacent to the window), including signs located inside a building but visible primarily from the outside of the building. 56 MODEL REGULATORY GUIDELINES APPENDIX A. Examples of "Landmark Status" Signs Often a community will have older signs that are viewed as "having historical significance" (examples above) even if they may not comply with either existing or proposed regulations. A community should establish a process to judge when these signs are "valued by the community" to the extent that they could be exempt from the regulations. 57 MODEL REGULATORY GUIDELINES B. Methodology for Estimating the Appropriate Area of Freestanding Signs (Tluee Options Based on Highway Speeds) Source: Street Graphics & the LaNv 58 LOWER MIDDLE HIGHER 25 MPH 40 MPH 55MPH DISTANCE SIGN IS VIEWED 200' 320' 440' REQUIRED LETTER HEIGHT 7" 10" 15" 4-6 4-6 4-6 APPROPRIATE VIEWING TIME Seconds Seconds Seconds ELEMENTS COMPREHENDED Letter 40-60 40-60 40-60 Words/Symbols 5 to 7letters per word; 6-12 6-12 6-12 1 word =1 symbol TOTAL AREA OF LETTERS/SYMBOLS (Width of 14-20 28-42 63-94 letter, including spacing equal's the Feet Feet Feet letter height) 35-50 70-105 160-235 TOTAL SIGN AREA (with message Square Square Square — 40% of total area) Feet Feet Feet Source: Street Graphics & the LaNv 58 MODEL REGULATORY GUIDELINES 0 C. Sources 11 Mandelker, Daniel, with Andrew Betrucci, and William Ewald. August 2004. Street Graphics and the Law. Planning Advi- sory Service Report No. 527. Chicago: American Planning Association Morris, Maiya, Mark Hinshaw, Douglas Mace, and Alan Weinstein. 2002. Context -Sensitive Signage Design. Planning Advisory Service Report. Chicago, Ill.: The American Plan- ning Association. © 2009 Alan C. Weinstein. All Rights Reserved. 59