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HomeMy WebLinkAboutOrd 2003-07 ORDINANCE NO. 03-07 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING CHAPTER 6 OF THE ZONING ORDINANCE OF THE TOWN OF FOUNTAIN HILLS TO INCLUDE PROVISIONS RELATING TO SIGNS. WHEREAS, the Town of Fountain Hills 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, 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 December 18, 2002, edition of the Times of Fountain Hills and Rio Verde, pursuant to ARrz. REV. STAT. §9-462.04, and WHEREAS, public hearings were held by the Fountain Hills Planning and Zoning Commission on January 9, 2003 and by the Mayor and Town Council on February 20, 2003. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA as follows: SECTION 1. That the Zoning Ordinance, Chapter 6, Sign Regulations, shall be deleted in its entirety and replaced with the following: CHAPTER 6 SIGN REGULATIONS 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 a more aesthetically appealing community. 6.02 Definitions. The following definitions shall apply; interpretations of these definitions shall be the responsibility of the Community Development Director. 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. 9196.0O1\.Sign Ordinance.v3.doc 5-05-03 1 A-Frame Sign: A temporary sign normally supported by its own frame in a manner that (kw 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 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. 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 Community Development Director 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 and 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". L 9196.001\Sign Ordinance.v3.doc 5-05-03 2 Directional Sign: A sign, supplying pertinent directional information for the purpose of promoting safety and the flow of vehicular or pedestrian traffic. Example Directional Sign 2014 II�IINnII'' E .J.J.J.JJ.I.Jv.J.J.J.r.JyJI.J.v.JJ.Wt yJJv.w J.tJv. L .JJ,JiJ 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: Includes the United States, State, corporate flags for registered corporations, flags of (Mow foreign nations and decorative flags. Fascia Sign. A sign, which is permanently affixed to the horizontal member or surface at the edge of a projecting or slanting roof. Example Facia Sign ROOF FASIA 1111111 HAPPY JAYS 1111 SIGN .N. .... WALL p 0 min Flashing Sign: A sign with an intermittent,repetitive or flashing light source. Freestanding Sign: A 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. (bre 9196.001\Sign Ordinance.v3.doc 5-05-03 3 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. 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 F)of Ed's Ecats �, -Ecri Eats i._.. I '_ 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 multiple- occupancy development such as a shopping center, office building or planned industrial L 9196.001\Sign Ordinance.v3.doc 5-05-03 4 park, which has multiple suites, offices or tenants. A Monument Sign shall be a part of (110•0` the signage regulated by a Comprehensive Sign Plan. Example Monument Sign Freestanding Monument Signs „ �a 8 a, C gib* E ? 6s 2 co �' � ffi X 2 ti Height x 0.6 Height x 0.5 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. 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 9196.001\Sign Ordinance.v3.doc 5-05-03 5 sandwich board signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business, in which case the vehicle must be removed from site during non-business hours. Example Portable Sign SELF SERv a PAT AT DOES / 9 Projecting Sign: A Building Mounted Sign that is attached so that the face, or faces, of the sign are perpendicular, or within 15 degrees of perpendicular, to the building face or wall. Signs attached at an angle of zero to 30 degrees from a vertical surface shall be considered to be Building Mounted Signs. 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. 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. 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, 9196.001\Sign Ordinance.v3.doc 5-05-03 6 balloon, construction sign, 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 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 six feet behind a window pane, positioned to be read from the exterior of a building. 6.03 Sign Permits; Fees. A. 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 Department of Community Development. "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. B. The Town must inspect all signs, prior to installation, for conformance to approved sign permit. If said sign conforms to the approved sign permit, a Town approved sticker will be placed upon the sign; any sign not conforming to the approved sign permit or installed without the indicted approval sticker is considered illegal and is subject to Section 6.06 of this ordinance. 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. 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 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 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 sign is located; L 9196.001\Sign Ordinance.v3.doc 5-05-03 7 D. To fail to remove any sign that is installed, created, erected or maintained in violation of (kw this ordinance, or for which the sign permit has lapsed; or E. 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. 6.05 Penalty The provisions set forth above are declared to be civil in nature and not subject to criminal prosecution pursuant to other provisions of the Zoning Ordinance. 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 12 calendar months of first offense, fine not to exceed$50.00 and confiscation of sign(s). C. All subsequent violations within 12 calendar months of the first offense, fine not to exceed$100.00 and confiscation of sign(s). 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 zone 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. L 9196.001\Sign Ordinance.v3.doc 5-05-03 8 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 thy 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 abandoned or removed. Any change in the sign, including a change of sign copy shall be considered an abandonment, and the protected non-conforming status of the sign shall become void. F. Except when otherwise allowed, all signs must be located on the lot for which it advertises, informs, or otherwise attracts attention. G. Sign areas shall be measured as follows: 1. 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 X 9196.001\Sign Ordinance.v3.doc N CEASE 5-05-03 T� GEC(L 1j�» + + + + + 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 III • Q� 1� 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. Example Illuminated Sign Area x 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. 9196.001\Sign Ordinance.v3.doc 5-05-03 10 ‘10., Example Sign Face Area Greater lha n 45° 43 to 45° .,. ., rd a t pR�1' 1�, r' j f; q' 0- 2 faces 1 face 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. 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 (iwe N — N N ® ® 1 I NL 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. 9196.001\Sign Ordinance.v3.doc 5-05-03 11 Example Fuel Price Sign Area Lil✓TH G S 1 7.E' 1 91 • E!G«�T TIT 4 H. Sign height is defined as follows: 1. Free-standing 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 1r TOP OF HEIGHT .« • ..., CURB 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. Midpoint of Sgn i`II i.� Midpoint of Sgn 4 ; „* ! „tII 1 , C logams z, I Finished floor beneath midpoint of Sign Example Midpoint of Sign I. Signs not specifically authorized herein are prohibited, including, but not limited to the following. 1. Neon signs. Lo• 9196.O01\Sign Ordinance.v3.doc 5-05-03 12 2. Signs mounted, attached or painted on trailers, boats, motor vehicles or any (kw moveable object placed on premises to serve as additional advertising signage. 3. Roof signs, or signs that project above the highest point of the roofline, parapet, or fascia of the building. 4. Any sign emitting sound. 5. Any sign with intermittent or flashing illumination, animated or moving signs, including Electronic Message Center signs. 6. Mobile signs. 7. Billboard signs. 8. Non-electrically illuminated signs. 9. 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. 10. All portable signs except as otherwise allowed. 11. All off-premise signs except as otherwise allowed. 12. Signs mounted, attached, or painted on trailers, boats or vehicles. Business vehicles displaying signage or advertising, as a normal part of business activity shall be parked in an assigned parking space, which is not immediately adjacent to a street frontage and must be removed at close of business hours. 13. All banners, pennants, streamers, balloons, flags, searchlights, strobe lights, beacons, inflatable signs,except as otherwise provided. 14. Any sign imitating an official traffic control sign, any sign or device obscuring such traffic control signs or devices. 15. No temporary or portable sign shall be permitted within the Shea Boulevard right-of-way. 16. Wall or window signs above first floor of multiple story buildings. J. Whenever the name of a business changes, the 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. 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 it's 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. The Town employees may remove any sign located in these areas. Directional signs owned by the Town shall be exempted from these regulations. 9196.001\Sign Ordinance.v3.doc 5-05-03 13 N. When any window sign or signs are placed so as to attract the attention of persons outside (1100 the building where such signs are displayed, the total area of all such window signs shall not exceed 25 percent of the total area of the windows through which they are visible. 6.08 Signs Allowed Legend: Numbers 1-27 indicate the sign type permitted with additional requirements or clarification as listed by the number in the paragraphs below: N/A means not allowed. Zoning District C-O C-C C-2 All Single & IND-1 L-1 C-1 C-3 Multi Family IND-2 L-2 Residential L-3 and OSR Total Aggregate Sign 1 1 1 N/A 1 1 Area A-Frame Sign 2 2 2 2 2 2 Awning/Canopy Sign 3 3 3 3 3 27 Banners 4 4 4 N/A N/A N/A Civic Organization 5 5 5 5 5 N/A Identification Contractor Signs 6 6 6 6 6 6 Directory Signs 7 7 7 8 7 N/A Flag 9 9 9 9 9 9 Freestanding 10 10 10 N/A 10 27 Fuel Price Signs N/A 11 _ 11 N/A N/A N/A Future Development 12 12 12 12 12 12 Signs _ _ Garage Sale Signs 13 13 13 13 13 13 Menu Board N/A 14 14 N/A N/A N/A Multi-Tenant Building 15 15 15 N/A N/A N/A Identification Sign _ Open House Directional 16 16 16 16 16 N/A Signs Political and Ideological 17 17 17 17 17 17 Signs Projecting Signs 18 18 18 N/A 18 26 Real Estate Signs 19 19 19 19 19 N/A Special Event Signs 20 20 20 20 20 20 Temporary Signs 21 21 21 21 21 26 Under Canopy Signs 22 22 22 N/A 22 N/A Wall Signs 23 23 23 N/A 23 N/A Window Signs 24 24 24 N/A N/A N/A Window 25 25 25 25 25 25 Decorations/Painting 9196.001\.Sign Ordinance.v3.doc 5-05-03 14 Comprehensive Sign Plan 27 27 27 N/A 27 27 (1) Total Aggregate Sign Area is the sum of the total allowable sign area for the entire site with the following restrictions: a) 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 45 and 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 45 degrees or between 90 and 180 degrees shall be considered to be one frontage. Multi-story building lineal footage is limited to the ground floor lineal footage measurement. b) In C-0, C-C, and C-1 Zoning Districts, the total aggregate sign area shall not exceed 50 square feet. However, if the frontage measures more than 50 feet, then the aggregate area shall be calculated at one square foot per lineal foot of building frontage, not to exceed 80 square feet. c) In C-2, C-3, IND-1 and IND-2 Zoning Districts, the total aggregate shall not exceed 50 square feet. However, if the frontage measures more than 50 feet, then the aggregate area shall be calculated at one square foot per lineal foot of building frontage, not to exceed 100 square feet. (2) A-Frame Signs are allowed as follows: a) Signs must be placed at least three feet the behind curb. If no curb is present, signs shall be located at least ten feet from the edge of the paved portion of the public right-of-way. b) Signs are not allowed on sidewalks or within the center medians that divide portions of paved or unpaved roadways. c) Signs shall not be permitted within the Shea Boulevard public right-of-way. d) Signs shall not be located within 150 linear feet of any traffic control light. e) Signs shall not be located within 300 linear feet, along the same roadway, as measured along the public right-of-way line(s), of another sign bearing the same or substantially the same message. f) Signs shall not 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. g) There shall not be more than five A-Frame signs to any one destination. h) Signs shall be placed in the permitted areas of public right-of-way only 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. i) Maximum size may not exceed 4.5 square feet in area. j) Maximum height may not exceed 3 feet. 9196.001\Sign Ordinance.v3.doc 5-05-03 15 k) Construction must be of wrought iron, sheet metal, 1/8 inch plastic or wood that is (tire at least 3/8 of an inch thick. (3) Awning/Canopy Signs are allowed as follows: a) Must be included in the total aggregate sign area. b) May not exceed 6 square feet in area. c) Sign area shall be measured by the smallest rectangle that will enclose the sign copy. (4) Banners are allowed as follows: a) Banners shall be allowed on a one time basis for a maximum of fourteen (14) consecutive days during the grand opening of a business, change in ownership or change of business name. b) One Banner allowed per site. c) A Banner permit must be obtained from the Community Development Department including dates of installation, prior to the installation of any banners. d) Maximum Banner sign area is 32 square feet. e) Banners shall be located on the business premises. f) Banners shall not be designed to depict any product not legally available to all residents of the Town. (tiso g) Total sign area including permanent signs and banner signs shall not exceed 200% of the permitted sign area. h) Banners shall be professionally manufactured. i) Banners shall not be displayed in the required perimeter street landscaping. j) Banners shall not obscure building address numbers. k) Banners shall not encroach within onsite fire lanes. 1) Banners shall not be attached or hung on or from a tree or shrub. m) Banner 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. (5) Civic organizations, such as the Kiwanis, Rotary, Jaycees, etc., may be identified on group display structures in accordance with the following standards: a) Said structure must be on arterial streets. b) Structures shall not be over six feet in height or exceed an area of 60 square feet. c) Sign may not be illuminated. d) Each civic organization shall be limited to a maximum sign area of two square feet. 9196.001\Sign Ordinance.v3.doc 5-05-03 16 (6) Signs for a contractor may be placed on a construction site if signs meet the following thiw criteria: a) One contractor sign per lot. b) Subcontractors may not place additional signs but may be listed on a main contractor sign. c) Maximum size of sign shall not exceed 8 square feet. d) Maximum height of 5 feet. e) Sign must be located on construction site. f) Sign shall not be illuminated. g) 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. (7) A Directory sign may be included as part of a comprehensive sign package. (8) A Directory sign is allowed with the following standards: a) Maximum sign area of 6 square feet. b) Maximum height of 6 feet. c) Located behind the required front yard setbacks. (9) Flags, as defined in Section 6.02, are allowed as follows: LP' a) 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. b) Any flag flown in conjunction with the United States or State of Arizona flags shall be flown beneath them. c) No more than one United States, one State of Arizona, one foreign national flag and one corporate flag shall be flown on any one site or structure. d) The maximum size of any corporate flags shall not exceed 15 square feet, with no one dimension to exceed 6 feet in any direction. e) A sign permit is required to display any corporate flag and must be included as part of the total aggregate sign area. f) Lighting for the United States flag must meet all national and local lighting standards. g) A model home that has a Special Use Permit may use flags in addition to the United States flag and Arizona flag, in the following manner: i. There can be no more than two flags on the lot of one model home and one flag on each additional lot with a model home located upon it, up to a total of four lots of model homes. ii. The maximum size of any model home flag shall not exceed 8 square feet. 9196.001\Sign Ordinance.v3.doc 5-05-03 17 iii. Model home flags shall not be illuminated. Lieiv. Flagpole shall not exceed 25 feet in height. h) No sign permits are required for flags unless otherwise noted. (10) Freestanding signs are allowed as follows: a) Freestanding signs shall be counted as a portion of the total aggregate sign area except as outlined in subsection (g)below. b) One freestanding sign is allowed for each street frontage. c) Maximum area of 24 square feet. d) Maximum height of 5 feet (including base). e) All freestanding signs must be no closer than 30 feet to any residential district. f) Minimum area of 4 square feet of landscaping per one square foot of freestanding sign shall be provided at the base of the freestanding sign. g) A monument sign may be used for buildings with two or more stories, not counted toward total aggregate sign area of first floor signage, as follows: i. Two story buildings may install a monument sign that is no greater than 8 feet in height and a width not to exceed 60% of proposed height. ii. Buildings with three or more stories may install a monument sign that is no greater than ten feet in height and a width not to exceed 40% of (so proposed height. (11) Fuel price signs are allowed as follows: a) Fuel price signs shall be counted as a portion of the total aggregate sign area. b) One freestanding fuel price sign is allowed per street frontage. c) Maximum area of 12 square feet per sign. d) Maximum height of 5 feet. e) Minimum area of 4 square feet of landscaping per one square foot of freestanding sign shall be provided at the base of the freestanding sign. (12) 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: a) Maximum size shall not exceed 32 square feet. b) Sign shall not be illuminated. c) Sign may be double faced. d) One sign per each street on which the development has frontage. e) Maximum height shall not exceed 5 feet for all signs. L 9196.001\Sign Ordinance.v3.doc 5-05-03 18 f) Such signs may be maintained for a period not to exceed 12 months prior to (to obtaining building permits for a development and must be removed upon issuance of a Certificate of Occupancy. g) A sign permit must be obtained prior to locating the sign on the site. (13) Garage Sale Signs are allowed as follows: a) 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 of Fountain Hills Town Code. b) Garage Sale Signs must be placed at least 3 feet behind the curb. If no curb is present, signs shall be located at least 10 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. c) No Garage Sale Sign shall be permitted within the Shea Boulevard public right- of-way. d) No Garage Sale sign shall be located within 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. e) There shall not be more than five Garage Sale Signs to any destination. f) 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. g) Maximum size shall not exceed 4.5 square feet. Minimum size shall be no less than 4 square feet. h) Maximum height shall not exceed 3 feet. i) Signs may only be constructed of wrought-iron, sheet metal, 1/8 inch thick plastic or of wood that is at least 3/8 of an inch thick. (14) Menu Boards orientated to the drive-thru lane for a business are allowed as follows: a) Menu Board signs shall be counted as a portion of the total aggregate sign area. b) One freestanding or wall mounted menu board is allowed per business. c) Menu Board must be located no less than 45 feet from any street property line. d) Maximum area of 20 square feet. e) Maximum height of 5 feet. f) Minimum area of 4 square feet of landscaping per one square foot of freestanding sign shall be provided at the base of the freestanding sign. g) Speaker boxes and LED boxes are allowed as follows: 1) May not exceed 36 cubic feet and 4 feet in height. 2) May not contain advertising of any kind. L 9196.001\Sign Ordinance.v3.doc 5-05-03 19 3) When installed separately from Menu Board, square footage will be calculated in addition to total aggregate sign area. h) Placement of menu boards, speaker boxes and LED boxes must meet the following guidelines: 1) Can not be visible from any public street or alley. 2) Must be at least 150 feet from any residential zoning district or be screened from residential view by masonry wall. (15) Multi-Tenant Building Identification Sign is allowed as follows: a) Sign shall be a wall sign and shall identify only the building or complex. b) The maximum number of signs for each building shall be one sign. c) Sign shall be placed on the wall of the building with major street frontage. d) Maximum area of sign is 6 inches per lineal foot of building wall with a minimum of 24 square feet and a maximum of 40 square feet. Lineal footage of building is determined as defined in 6.08.1. (16) Open House Directional Signs are allowed only as follows: a) Open House Directional signs shall be used to direct traffic to a residence for sale, lease or rent. b) Maximum number of directional signs for each residence for sale,lease or rent shall be 5. c) Maximum area for each sign shall be 4 square feet. d) Maximum height for each sign shall be 3 feet. e) Signs shall not be illuminated. f) Sign must contain a directional arrow. g) Signs shall be placed at least 3 feet behind the curb. If no curb is present, signs shall be located at least 10 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. h) No Open House Directional sign shall be placed within the Shea Boulevard public right-of-way. i) No sign shall be placed within 150 linear feet from any traffic control light. j) Signs must be professionally made. (17) 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 code. In addition to tkitore signs already permitted in residential zoning districts, political and ideological signs may be located in such areas within the following parameters: 9196.001\Sign Ordinance.v3.doc 5-05-03 20 a) Maximum aggregate size, per individual candidate or ballot issue, shall not (00, exceed 24 square feet on any lot or parcel. b) Maximum length shall not exceed 6 feet. c) Maximum height shall not exceed 4.5 feet. d) Except as otherwise, permitted in this ordinance, no such sign or portion of the sign may be located in or project into a public right-of-way. e) Political signs in residentially zoned areas shall be erected not more than 60 days prior to the election or referendum on the ballot and shall be removed within 10 days after said election or referendum. Candidates successful in a primary election are permitted to leave their respective political signs in place until 10 days after the general election, or if necessary, after a run-off election. (18) Projecting Signs are allowed only as follows: a) Must be included in the total aggregate square footage. b) Are allowed only in non-residential zoning districts having a zero-foot front or street side-yard setback. c) Shall only be permitted if signs are affixed to a building and extend over the abutting Town right-of-way line. d) Shall not exceed 3.5 feet in width or more than 6 feet in height. e) Shall not be located any closer than 25 feet to another sign developed under these thr regulations, whether or not they are on the same lot or parcel. f) Shall be located so that the bottom of the sign is not less than 8 feet from the ground. g) Shall not be internally lighted. h) Shall be limited to not more than two signs per lot or parcel and not more than one sign per business. i) Shall require both a Town sign permit and a revocable Town encroachment permit. (19) Real Estate Signs are allowed as follows and are exempt from the total aggregate signage: a) Real Estate Signs may only advertise the sale, leasing or renting of a building, dwelling, suite, property, or other forms of real estate. b) Real Estate Signs must be non-illuminated. c) Maximum sign area of 6 square feet. d) Maximum height of 5 feet. e) Signs must be professionally made. f) No portable signs allowed. L 9196.001\Sign Ordinance.v3.doc 5-05-03 21 (20) Special Event Signage is allowed as follows: a) 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. b) These signs shall be placed only after a Special Event Permit has been issued by the Town Council and must be removed within 24 hours after the conclusion of the event. c) The regulations in this chapter may be waived by the Town Council for special event sign placement, size, and timing. (21) Temporary Signs advertising the sale, leasing or renting of a building, dwelling suite, property, or other forms of real estate shall conform to the following regulations and are exempted from the total aggregate sign area. a) Non-residential Zoning Districts: Non-illuminated and not exceeding 6 square feet in aggregate area and 8 feet in maximum height. Signs must be professionally made. b) Residential Zoning Districts: Non-illuminated and not exceeding 4 square feet in total aggregate area and 5 feet in maximum height. Signs must be professionally made. (22) Under Canopy Signs are allowed as a part of a comprehensive sign plan and must meet the following requirements: a) All Under Canopy Signs require written landlord and Town approval prior to installation. b) Each tenant 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. c) Maximum sign width shall not exceed 24 inches. d) Maximum sign height shall not exceed 12 inches. e) Minimum clearance shall be not less than 8 feet 6 inches from the bottom of the sign to the sidewalk or surface beneath the sign. f) In no case shall any object, banner, sign or other material be attached to, or hung from the sign. g) No Under Canopy Sign shall be mounted in a manner that will impede pedestrian or vehicular visibility or create any hazard. h) One Under Canopy Sign area shall be excluded from the total aggregate area of a comprehensive sign plan. Tenants with multiple public entrances may be allowed one additional Under Canopy Sign, subject to landlord and Town approval, but the sign area of the second Under Canopy Sign will be counted as a part of the tenant's total aggregate sign area. L 9196.001\Sign Ordinance.v3.doc 5-05-03 22 (23) Wall Signs count as a part of the total aggregate signage and are allowed as follows: (Nie a) 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 45 and 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 45 degrees or between 90 and 180 degrees shall be considered to be one frontage. b) Sign area must allow a minimum 2 foot border from edge of the building or suite frontage, or a minimum 2 foot separation between signs, whichever is less. c) Each wall sign may project no more than 12 inches from the surface of the wall to which it is attached. d) Reverse pan channel letter with halo illumination must not exceed a 1.75 inch separation from the wall. e) Multiple story buildings may not install wall signs on any floor other than the ground floor. f) In the C-2, C-3, and TCC Zoning Districts a secondary entrance wall sign is allowed in addition to total aggregate sign area if the following criteria are met: (be 1) Sign are shall not exceed 25% of primary total aggregate sign area. 2) Secondary entrance must not be visible from main public entrance. 3) Secondary entrance must face a rear parking area, common area or public use frontage. (24) Window signs are allowed as follows: a) Count as part of the total aggregate sign area, except as identified in subsection (c)below. b) May not exceed 25% of window area. c) In addition to the total aggregate sign area and window sign coverage requirement, an identification sign not exceeding 2 square feet and containing only the name of the business, address and hours of operation is allowed. (25) Window decorations/painting with a holiday theme are allowed as follows: a) Holiday decorations may be displayed on a temporary basis for civic, patriotic or religious holidays. b) The combination of window decoration/painting coverage and signage must not exceed 50% of window area. c) 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. 9196.O01\Sign Ordinance.v3.doc 5-05-03 23 d) Sign permit is not required. (kiire (26) There shall be no signage on any lot or parcel within the L-1,L-2 or L-3 Zoning Districts, except for one freestanding identification sign, regardless of the number of primary or accessory uses on the lot or parcel. a) Freestanding sign shall have a maximum area of 24 square feet. b) Freestanding sign shall have a maximum height of 5 feet. c) Freestanding sign, if over 3.5 feet in height, shall not be permitted within the front or street side-yard setback. d) Freestanding sign shall not be internally illuminated. e) A landscaped area shall be provided at the base of the freestanding sign, having a minimum landscaped area of 4 square feet for each square foot of sign area. (27) Comprehensive Sign Plans shall meet all sign criteria of the Town. The following elements are required for approval: a) Name, address, and phone number of property owner or designee. b) Written text clearly outlining the sign plan to include all suites, offices or other leased/leasable space c) Name and address of property for which the Comprehensive Sign Plan is designated. (1.0, d) 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. e) Site Plan showing all lot dimensions, suites, offices or other leased/leasable space and proposed/existing signage placement (drawn to scale). f) Elevations showing proposed sign envelopes. g) Lineal footage of building(s) as outlined in Section 6.08.1. h) Allocation chart showing allowable square footage for each suite, office or space number. i) Comprehensive Sign Plan amendments must be made in writing and submitted, reviewed and approved by the Community Development Director. j) Comprehensive Sign Plan approval/denial may be appealed to the Town Council. SECTION 2. This amendment replaces all previous amendments or adoptions to Chapter 6 of the Zoning Ordinance. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. co, 9196.001\Sign Ordinance.v3.doc 5-05-03 24 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona, May 1, 2003. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: l / &74-yogyi;.Lixl 4 Jon . :eydler, ayor Bevelyn Jo Ben er, Town Clerk ' VIEWED : : APPROVED AS TO FORM: r//22,37- G 1 , ML Tim G. Pickering, Town Manager Andrew JjA4cGuire, Town Attorney L L 9196.001\Sign Ordinance.v3.doc 5-05-03 25