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Home My WebLink AboutOrd 2021-13ORDINANCE NO. 21-13 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS ZONING ORDINANCE, CHAPTER 6, SIGN REGULATIONS, SECTION 6.02, DEFINITIONS, ADDING A DEFINITION OF TOWN CENTER PEDESTRIAN AREA, SECTION 6.07 B. 2. a, ADDING AN EXCEPTION FOR SIGNAGE FOR TOWN APPROVED SPECIAL EVENTS, AND SECTIONS 6.08 A. 1, 12, 17, AND 6.08 D. 3 AMENDING REGULATIONS RELATED TO A -FRAME AND T-FRAME, POST AND BOARD, YARD, AND OTHER SIGNS RECITALS: WHEREAS, the Mayor and Council of the Town of Fountain Hills (the "Town Council") adopted Ordinance No. 93-22 on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills (the "Zoning Ordinance"); and WHEREAS, the Town Council desires to amend Chapter 6, Sign Regulations, Section 6.02, Definitions, adding a definition of town center pedestrian area, Section 6.07 B. 2. a., adding an exception for signage for town approved special events, and Sections 6.08 A. 1, 12, 17, and 6.08 D. 3. amending regulations related to a -frame and t-frame, post and board, yard, and other signs; and WHEREAS, in accordance with the Zoning Ordinance and pursuant to ARIZ. REV. STAT. § 9-462.04, public hearings regarding this ordinance were advertised in the August 25 and September 1, 2021 editions of the Fountain Hills Times; and WHEREAS, public hearings were held by the Fountain Hills Planning & Zoning Commission on September 13, 2021, and by the Town Council on November 2, 2021. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals above are hereby incorporated as if fully set forth herein. SECTION 2. The Zoning Ordinance, Chapter 6, Signe Regulations, Section 6.02, Definitions, is hereby amended to add the following definition: TOWN CENTER PEDESTRIAN AREA: THE TOWN CENTER PEDESTRIAN AREA IS DESIGNATED AS SHOWN IN THE FIGURE BELOW. ORDINANCE 21-13 PAGE 2 TOWN CENTER PEDESTRIAN AREA 77717-7 PALISADES BLVD riF Fn PARKVIEW AVE oC ❑ � J ZLU a O Z 7 ?I a. F Vd LJ 0 o [ AVENUE OF THE FOUNTAINS r Pedestrian Area F� SECTION 3. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.07 B. 2. a. is hereby amended as follows: a. Within, on, or projecting over the right-of-way, including within EeRte medians, unless specifically provided for in this Sign Ordinance, OR AS ALLOWED THROUGH TOWN APPROVAL OF A SPECIAL EVENT PERMIT. SECTION 4. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.08 A. 1. d. is hereby amended as follows: d. Location. Shall not be used as an off-premiseSITE sign, except wheR used as a residential direGtie ,oi sign or as provided below: i. On property held in common by members of a property owners association OR , GOn property owned by the business owner's landlord, BUT NOT WITHIN ANY DESIGNATED PARKING OR LOADING AREA. ii. AS PROVIDED IN SECTION 6.08 D. ORDINANCE 21-13 PAGE 3 III. AIGRg a p bliG Stree#6u aGt to�WITHIN THE TOWN CENTER PEDESTRIAN AREA, MAY BE LOCATED IN THE TOWN RIGHT- OF-WAY ADJACENT TO THE BUSINESS THROUGH THE ISSUANCE OF A PERMIT BY THE TOWN WHEN THE PROPERTY LACKS ADEQUATE ACCESs TO DISPLAY A SIGN ON ITS PROPERTY OR ADJACENT COMMON PROPERTY, PROVIDED THAT A SIGN: 1. Shall not be located on the paved portion of any public street or sidewalk or in any median; 2. Shall not be located within a designated parking or loading area; 3. Shall not be located in a manner that poses a traffic vision hazard...; 4. SHALL NOT BE LOCATED ON A PUBLIC SIDEWALK UNLESS THERE IS AT LEAST 6' OF CLEAR PASSAGE AROUND AT LEAST ONE SIDE AND THE SIGN OWNER PROVIDES THE TOWN AN INDEMNIFICATION AGREEMENT WITH REGARDS TO THE SIGN; AND, 5. SHALL fc�t-BE IGGated within a publiG right _ef_wayAT LEAST THREE (3) FEET FROM ANY CURB OR EDGE OF PAVEMENT. SECTION 5. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.08 A. 12. d. is hereby amended as follows: d. Location: Shall net he Ienated within the p blin right_of_way I. SHALL NOT BE USED AS AN OFF -SITE SIGN, EXCEPT ON PROPERTY HELD IN COMMON BY MEMBERS OF A PROPERTY OWNERS ASSOCIATION OR ON PROPERTY OWNED BY THE BUSINESS OWNER'S LANDLORD, BUT NOT WITHIN ANY DESIGNATED PARKING OR LOADING AREA. II. SHALL NOT BE LOCATED WITHIN THE PUBLIC RIGHT -OF WAY. HOWEVER, IN COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS WHERE BUILDINGS ARE BUILT TO THE PROPERTY LINE OR IN ANY ZONING DISTRICT WHERE TOPOGRAPHY LIMITS VISIBILITY BEHIND THE RIGHT-OF-WAY, AN ENCROACHMENT PERMIT MAY BE REQUESTED TO ALLOW SIGN PLACEMENT WITHIN THE RIGHT-OF-WAY, BUT NOT WITHIN A MEDIAN, PROVIDED ALL PORTIONS OF THE SIGN STRUCTURE AND SIGN FACE ARE AT LEAST THREE (3) FEET FROM THE CURB OR EDGE OF PAVEMENT AND DO NOT OVERHANG A SIDEWALK. SECTION 6. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.08 A. 17. d. is hereby amended as follows: ORDINANCE 21-13 PAGE 4 d. Location: Shall rent be IGGate d withiR the p blin Fight _ef_way. I. ON PROPERTY HELD IN COMMON BY MEMBERS OF A PROPERTY OWNERS ASSOCIATION OR ON PROPERTY OWNED BY THE BUSINESS OWNER'S LANDLORD, BUT NOT WITHIN ANY DESIGNATED PARKING OR LOADING AREA. II. SHALL NOT BE LOCATED WITHIN THE PUBLIC RIGHT-OF- WAY, EXCEPT WHEN USED AS PROVIDED IN SECTION 6.08 D. SECTION 7. The Zoning Ordinance, Chapter 6, Sign Regulations, Section 6.08 D. is hereby amended as follows: D Reoide Rtial Dir tlGRal &4R These tempE)F Fy oigRG are allowed of bjeGt to the felleWiRg �rcrrtrarvTreErrvrrcn-v�gri . requiromontc OTHER SIGNS IN RESIDENTIAL ZONING DISTRICTS AND RESIDENTIAL PADS: Each single-family lot, condominium unit, or model home may place one (1) sign anywhere on the property. Further, each single-family home, condominium complex, or model home cluster may place one (1) additional sign at each turning movement beginning at the subject property out to a major street with a maximum of five THREE (53) additional signs. 3. Shall not be located within the public right-of-way. ASSOCIATED WITH SHEA BOULEVARD AT ANY TIME, BUT MAY BE LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY OF ANY OTHER STREET BETWEEN THE HOURS OF OFFICIAL SUNRISE AND OFFICIAL SUNSET ON FRIDAYS, SATURDAYS, SUNDAYS, AND FEDERAL HOLIDAYS. WHEN LOCATED IN THE RIGHT-OF-WAY, SHALL BE PLACED AT LEAST THREE (3) FEET FROM THE CURB OR EDGE OF PAVEMENT. 4. Miscellaneous Requirements. a. No sign may be attached to any utility pole or box, light pole, street sign, bus shelter, or any structure within the public right-of-way. b. Signs shall not damage any vegetation or rest against other objects or vegetation. SECTION 8. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. SECTION 9. In accordance with Article II, Sections 1 and 2, Constitution of Arizona, and the laws of the State of Arizona, the City/Town Council has considered the individual ORDINANCE 21-13 PAGE 5 property rights and personal liberties of the residents of the City/Town and the probable impact of the proposed ordinance on the cost to construct housing for sale or rent before adopting this ordinance PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills, Arizona, this 2nd day of November, 2021. FOR THE TOWN OF FOUNTAIN HILLS: Ginn)l DiGKey Ginny Dickev (Nov 4, 2021 23:03 PDT) Ginny Dickey, Mayor REVIEWED BY: Grady E. Miller, Town Manager ,et lein (Nov 8, 10210 Elizabeth A. Klein, Town Clerk APPROVED AS TO FORM: .Ace erg .A2 rca.e� Aaron D. Arnson, Town Attorney