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HomeMy WebLinkAboutOrd 1998-16 L TOWN OF FOUNTAIN HILLS ORDINANCE 98-16 AN ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, PURSUANT TO CHAPTER 2, SECTION 2.01 OF THE ZONING ORDINANCE FOR THE TOWN OF FOUNTAIN HILLS, AMENDING CHAPTER 6, SECTION 6.08.E OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS BY AMENDING THE REQUIREMENTS FOR TEMPORAY OFF_PREMIS SIGNS AND AMENDING CHAPTER 1, SECTION 1.12 OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS BY ADDING A DEFINITION FOR TEMPORAY OFF-PREMIS DIRECTIONAL SIGNS. WHEREAS, The Town of Fountain Hills adopted Ordinance #93-22, on November 18, 1993, which adopted the Zoning Ordinance for the Town of Fountain Hills; and WHEREAS, Chapter 2, PROCEDURES. Section 2.01, Amendments or Zone Changes. establishes the authority and procedures for amending the zoning ordinance; and WHEREAS, Public hearings were advertised in the March 25, April 1, 8, and 15, 1998. editions of The Times of Fountain Hills and Rio Verde, pursuant to Arizona Revised Statutes §9-462.04, and WHEREAS, Public hearings were held by the Fountain Hills Planning and Zoning Commission on April 9, 1998 and the Mayor and Common Council on April 15, 1998. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AS FOLLOWS: Section 1, The Town of Fountain Hills Zoning Ordinance, Chapter 6, Section 6.08.E shall be amended to add the term "Directional" to all references to Off-Premise Signs in Ordinance 1998-10 and amend Chapter 1, Section 1.12 by adding a Adefinition for Temporary off-Premise Directional Signs as shown in Exhibit (•ASS FAIL La u)k-Erice._. OTioN-?N- 1(0-111 5EcoD Mok)c-r C:UUNT -0 1gw.e.. CI-6. PASSED AND ADOPTED BY the Mayor and Common Council of the Town of Fountain Hills, Arizona, this 16th day of April, 1998. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Citfl16 4tu‘itt,•/ Jer Mile , Mayor Cassie B. Hansen, Town Clerk EVIEWED BY: APPROVED AS TO FORM: -a711 ii(t( 1//%41A: Pail rdin, Town Manager William E. Farrell, Town Attorney L Ordinance 1998-16 Page 2 of 5 EXHIBIT "A" CHAPTER 6 SIGN REGULATIONS 6.08 Temporary Signs. The following signs shall be permitted in all Zoning Districts according to the following regulations: E. Off-Premise Directional Signs. 1. Location. a. Off-premise non-directional signs are not permitted anywhere within the Town, except as may be permitted under subsection G of this Section. etb. Except as prohibited in Section 6.08.E.1.d and e., off-premise directional signs shall be located only in accordance with the standards set forth in this section. b . Off-premise directional signs shall be placed no less than three (3) feet behind the curb. If no curb is present, signs shall be located at least ten (10) feet from the edge of the paved portion of the public right-of-way. No off-premise directional signs are allowed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. ed. Off-premise directional signs shall not be affected by the zoning classification of property adjacent to the public roadway. ete. No off-premise directional sign shall be permitted within the Shea Boulevard public right-of-way. ef. No off-premise directional signs shall be located within 150 linear feet from any traffic control light anywhere within the Town of Fountain Hills. 2. Spacing. No off-premise directional sign shall be located within 300 linear feet along the same roadway, as measured along the public right-of- way line(s), of another off-premise directional sign bearing the same or substantially the same message. Law 3. Proximity. Ordinance 1998-16 Page 3 of 5 a. No off-premise directional sign containing a directional arrow or directional information shall be located more than one mile, as measured along the public street right-of-way lines, of the destination to which such sign is directing traffic. b. Political and ideological signs containing no commercial messages have no proximity requirements as specified in this subsection. 4. Number. a. There shall not be more than five (5) off-premise directional signs to any one destination. b. In master planned villages developments with multiple subdivisions having model home complexes, of signs should not exceed the numiscr of sign3 allowcd for an individual business times the number of model complexes each model home complex is considered a single destination and shall have no more than five (5) off-premise directional signs. b. The Town Council may grant permission to place more than five (5) off-premise directional signs for an event when specifically requested with the special event request. 5. Time. Off-premise directional Ssigns shall be placed in the permitted areas of public rights-of-way only between sunrise and sunset. Signs remaining in the public rights-of-way after sunset, or placed in the rights-of-way prior to sunrise, shall be subject to confiscation and destruction by the Town. 6. Size. Off-premise directional signs, unless granted exempted pursuant to subsection G of this section, shall not exceed 4.5 square feet. 7. Height. Off-premise directional signs, unless grantcd exempted pursuant to subsection G of this section, shall not exceed three (3) feet in height measured from the highest most point of the sign to the grade at the base of the sign. 8. Materials. Such Off-premise directional signs may only be constructed of wrought iron; sheet metal; one-eighth (1/8) inch thick plastic; or of wood that is at least three-eighths of an inch (3/8")thick. 9. Penalty. The provisions of subsection E set forth above are declared to be civil in nature and not subject to criminal prosecution pursuant to other provisions of the zoning code. It is presumed that the business or residence identified on the sign is the responsible party for Ordinance 1998-16 Page 4 of 5 Low compliance with the provisions of subsection E. Violations of section E shall be made through the use of a civil complaint form and fines after a determination of violation shall be as follows: a. First offense, fine not to exceed $25.00. b. Second offense within 12 calendar months, fine not to exceed $50.00 c. Third offense within 12 calendar months of the first offense, fine not to exceed $100.00. d. All subsequent violations within 12 calendar months of the first offence, a fine not to exceed $150.00. CHAPTER 1 INTRODUCTION 1.12 Definitions. For the purpose of this ordinance, certain words and terms used herein are defined as follows: All words used in the present tense include the future tense; all words in the plural number include the singular number, all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Gender shall be universal, any reference to one gender shall also implicitly refer to the other gender. The word "shall" is mandatory and not discretionary. Other words and phrases used in this ordinance shall have the following meanings: Sian_ Off-Premise DiraetienaI: A oortable sign containing directional information to a destination within the Towns' munici.al boundary, which may •nl be located in saecified areas of Town road rights-of-wav durinc, pecified times. L Ordinance 1998-16 Page 5of5