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HomeMy WebLinkAboutCouncil Presentation 01-15-2019 Signs 00057613.DOCX /1 MARANA LDC UPDATE 1 12 /26/2018 Title 17. Land Development 17 CHAPTER 17 -10. SIGNS Sections: I. Administration and general ......................................................................................... 2 17-10-1 Purpose ................................................................................................................ 2 17-10-2 Genera l ................................................................................................................ 2 17-10-3 Definitions and sign types ............................................................................ 3 17-10-4 Prohibited signs ................................................................................................ 7 17-10-5 Exempt signs ...................................................................................................... 8 17-10-6 Permits ................................................................................................................. 9 17-10-7 Sign design and construction ....................................................................... 9 17-10-8 Sign measurement .........................................................................................10 17-10-9 Sign illumination ............................................................................................12 17-10-10 Sign maintenance ...........................................................................................12 17-10-11 Areas with special sign regulations .........................................................12 17-10-12 Planned sign programs ................................................................................13 17-10-13 Legal nonconforming signs ........................................................................13 17-10-14 Abandoned signs ...........................................................................................14 17-10-15 Classification; enforcement; removal ......................................................14 II. Regulations by sign type ...........................................................................................15 17-10-16 Awning signs ...................................................................................................15 17-10-17 Directory signs ................................................................................................15 17-10-18 Drive -through signs ......................................................................................16 17-10-19 Electronic message displays .......................................................................16 17-10-20 Flags and flag poles .......................................................................................17 17-10-21 Freestanding interstate signs ......................................................................17 17-10-22 Freestanding monument signs ..................................................................18 17-10-23 Shingle signs ....................................................................................................19 17-10-24 Sign walkers .....................................................................................................19 17-10-25 Signs in residential areas .............................................................................19 17-10-26 Subdivision entry signs ................................................................................20 17-10-27 Vehicle signs ....................................................................................................20 17-10-28 Wall signs..........................................................................................................20 17-10-29 Window signs ..................................................................................................21 III. Regulations for temporary signs ...........................................................................22 17-10-30 Temporary signs —general requirements ..............................................22 17-10-31 Banners ..............................................................................................................22 17-10-32 Development activity signs ........................................................................23 00057613.DOCX /1 MARANA LDC UPDATE 2 12 /26/2018 Title 17. Land Development 17 17-10-33 Inflatable and air activated signs ..............................................................23 17-10-34 Portable directional signs ............................................................................24 17-10-35 Portable signs ..................................................................................................25 17-10-36 Quill signs .........................................................................................................25 17-10-37 Residential subdivision sign program ....................................................26 17-10-38 Roadway construction business identification banners ....................27 I. A DMINISTRATION AND GENERAL 17-10 -1 Purpose This chapter establishes reasonable regulation s for the design, place- ment, construction, and maintenance of all sign s within the town, to protect the public interest and achieve these community objectives: A. To minimize the risk of personal injury and property damage from unregulated and improper sign placement, construction, and maintenance; B. To balance private and public interests by providing opportunities for adequate signage for business identification and essential communication while preserving and enhancing the community environment, unique character and qualities of the town; C. To promote the use of signs that are well-designed, of appropriate scale, and appropriately integrated into the built environment; and D. To preserve and enhance the streetscape appearance throughout the town and the general appearance of business corridors. 17-10 -2 General A. No content restrictions. 1. Any sign allowed under this chapter may contain, in lieu of any other copy, any otherwise lawful message that complies with applicable size, lighting, dimension, design, spacing, and permitting requirements of this chapter. 2. This chapter is intended to regulate signs in a manner that does not favor commercial speech over non-commercial speech and does not regulate non -commercial speech by message content . 3. Any regulation that distinguishes between on -site and off-site signs applies only to commercial messages, and allows any non-commercial message. B. Conformity. 1. No sign shall be installed, placed, or maintained within the town except in conformance with this chapter or as allowed by a state or federal law preemption of this chapter. 2. If provisions of this chapter are in conflict with any other pro- vision of the code, the more restrictive requirement shall apply. 00057613.DOCX /1 MARANA LDC UPDATE 3 12 /26/2018 Title 17. Land Development 17 3. Signs maintained contrary to the provisions of this chapter are declared to be nuisances and may be abated as provided by law. 17-10 -3 Definitions and sign types A. The following definitions supplement those found elsewhere in the town code and land development code. In the event of conflicting definitions related to signs, the definitions in this section prevail. 1. Abandoned sign: A sign associated with a business, use, occu- pancy, product, or activity that has already occurred or has not existed for a period of 30 consecutive days, for reasons at- tributable at least in part to the sign -property owner. 2. A-frame: A portable sign typically constructed of wood or plas- tic that folds out to form the shape of an ‘A’. 3. Animation: The movement, or optical illusion of movement, of any part of a sign structure, design, or pictorial segment includ- ing the movement of any illumination, flashing, or variation of light intensity, and including but not limited to the automatic changing of all or part of a sign achieved th rough mechanical, electrical, or environmental means including motion by activity such as wind, thermal changes, or other naturally occurring ex- ternal forces. 4. Awning: An architectural projection or shelter projecting from, and supported by the exterior wa ll of, a building and com- posed of a covering of rigid or non -rigid materials and/or fab- ric on a supporting framework that may be either permanent or retractable. 5. Awning sign: A sign displayed on or attached to the surface of an awning. 6. Balloon: An airtight bag filled with helium, hot air, or other gas, that is anchored to a building or structure with rope, cable or similar material. 7. Banner: A temporary sign constructed of a flexible material on which copy or graphics may be displayed. 8. Billboard: A sign n ot associated with a business, use, occupan- cy, product, or activity located or occurring on the sign - premises and with a sign area 24 square feet or larger. 9. Canopy: A multi-sided overhead structure or architectural pro- jection supported by attachment to a building on one or more sides and cantilevered from the building or supported by col- umns. 10. Change of sign copy: A replacement or modification of the message or design of an existing sign face without modifying the size, shape, framework or structure of the sign. 00057613.DOCX /1 MARANA LDC UPDATE 4 12 /26/2018 Title 17. Land Development 17 11. Commercial sign: Any sign that does not fit the definition of non-commercial sign. 12. Development activity sign : A temporary freestanding sign con- sisting of a rigid, durable sign face mounted on wood or metal posts embedded in the ground without the use of concrete or other permanent footing material, and conforming to the re- quirements of subparagraph 17-10-32 (development activity signs). 13. Directory sign: A monument sign that complies with the re- quirements of section 17-10-17 (directory signs). 14. Drive-through sign: A sign that complies with the require- ments of section 17-10-18 (drive-through signs). 15. Electronic message display: An electronically activated change- able message sign. 16. Elevation: An exterior side of a building which includes the building wall face, parapet, fascia, windows, doors, canopies, and visible roof structures. 17. Exceptional design: Refers to a freestanding sign with an archi- tecturally interesting design that complies with the following: a. At least 50% of all surfaces of the sign structure shall con- sist of one or more of the following materials: i. Brick ii. Decorative block iii. Natural or simulated stone iv. Decorative or treated wood v. Decorative unpainted or unfinished metal vi. Other similar materials approved by the planning direc- tor b. Except as described in subparagraph c below, t he area of the sign structure must equal or exceed the sign area for each sign face. c. If at least 50 % of the sign copy is mounted independently and in relief of the sign face or background and utilizes back-lighting (halo or reverse channel illumination), the re- quired area of the sign structure may be reduced by 50 %. d. For purposes of this definition, the sign structure includes the entire structure of the sign other than the sign area . e. For purposes of subparagraphs b and c above, the sign structure is measured as the surface area of the side of the structure that contains the sign face. 18. Flag: Fabric , vinyl, or similar flexible material typically at- tached at one edge to a staff. 00057613.DOCX /1 MARANA LDC UPDATE 5 12 /26/2018 Title 17. Land Development 17 19. Freestanding interstate sign: A freestanding sign that complies with the requirements of section 17-10-21 (freestanding inter- state signs) 20. Freestanding monument sign: A freestanding sign that com- plies with the requirements of section 17-10-22 (freestanding monument sign s). 21. Freestanding sign: A sign erected or mounted on a self - supporting permanent base detached from supporting ele- ments of a building. 22. Fuel service pump topper sign: A sign affixed to the top or side of an operable fuel dispensing pump. 23. Government sign: A sign constructed, placed, or maintained by a government agency or a sign that a government agency re- quires to be constructed, placed, or maintained . 24. Illuminated sign: A sign that uses artificial light, either project- ing through its surface (internal illumination) or reflecting off its surface (externally illuminated). 25. Legal nonconforming sign: A sign that was legally installed in conformance with all applicable sign regulations and ordinanc- es in effect at the time of its installation; but that does not com- ply with current regulations. 26. Non-commercial sign: A sign containing no message, state- ment, or expression related to commercial interests. Noncom- mercial signs include, but are not limited to: a. Government signs b. Signs expressing political, religious, or ideological views or positions c. Signs with information about or announcements of non ‐ profit organizations 27. Non-residential area: Any land that is not in a residential area. 28. Polyhedron: A three-dimensional solid figure formed by plane faces that are polygons. 29. Portable directional sign: A portable sign directing the travel- ing public to a real estate open house or to an event. 30. Portable sign: A freestanding, moveable sign not permanently affixed to any building, structur e, or embedded into the ground. Examples include A-frames and T-frames. 31. Projected image sign: A temporary sign which is projected by an electronic device onto a building, structure, sidewalk or oth- er surface. 32. Quill sign: A temporary sign constructed as a banner, typically in the shape of a feather or sail, attached to a pole assembly embedded in the ground a nd designed to move in the wind. 00057613.DOCX /1 MARANA LDC UPDATE 6 12 /26/2018 Title 17. Land Development 17 33. Reasonable repairs or alterations: Repairs or alterations deter- mined by Arizona case law as being consistent with the “rea- sonable repairs and alterations” provision of A.R.S. § 9 -462.02 (A). In the absence of case law guidance, reasonable repairs or alterations include repairs or alterations that cost less than half of the cost to replace the sign. 34. Residential area: All of the following: a. Land zoned AG, RD -180, R-144, R-80, R-36, R-20, R-16, R-12, R-10, R-8, R-7, R-6, R-3.5, MR-2, MR-1, RV, and MH. b. Land zoned A, B, and C, except those portions that have an existing non -residential use. c. Portions of land zoned D and E that have an existing resi- dential use. d. Land with residential land use designations within specific plan areas (areas zoned F). e. Parcels devoted solely to residential, park, or open space uses. 35. Roadway construction business identif ication banner: A sign that complies with the requirements of section 17-10-38 (roadway construction business identification banners). 36. Shingle sign: A wall mounted or hanging sign, located under a covered porch, walkway, extended roof or other similar struc- ture. 37. Sight visibility triangle: An area extending along an intersec- tion approach leg and across the included corner s that must be kept clear of obstructions that might block a driver’s view of potentially conflicting vehicles or pedestrians. 38. Sign: A name, identification, description, display or illustration affixed to or painted or represented directly or indirectly on a building or other outdoor surface that directs attention to or is designed or intended to direct attention to the sign face or to an object, product, place, activity, person, institution, organization or business. Does not include anything that meets this defini- tion but that is located completely within an enclosed building and is not visible from outside the building. A statue is a sign if it calls attention or relates to an activity or use located on the sign-premises. 39. Sign area: The area of a sign determined in accordance with paragraph 17-10-8 below. 40. Sign copy: All letters, numerals, figures, symbols, logos, and graphic elements comprisin g the content or message of a sign. 41. Sign face: The entire display surface area of a sign upon, against, or through which copy is placed. 42. Sign-premises: 00057613.DOCX /1 MARANA LDC UPDATE 7 12 /26/2018 Title 17. Land Development 17 a. In residential areas, the sign -property plus adjacent right - of-way used by the sign-property owner under a license from the town. b. In non-residential areas, the entire shopping center or in- dustrial center where the sign is located plus adjacent right - of-way used by the sign -premises owner, owners, or own- ers association under a license from the town. 43. Sign-property: The specific lot or parcel of land upon which the sign is placed or erected. Adjacent lots or parcels under the same ownership and with the same use shall be considered one sign-property. 44. Sign walker: A person who carries, holds or balances a sign . 45. T-frame: A portable sign typically constructed of wood or plas- tic with a structure in the appearance of an inverted ‘T’. 46. Temporary sign: A portable sign, a sign not permanently em- bedded in the ground, or a sign not perman ently affixed to a building or permanent sign structure. 47. Tenant space: The area or portion of a building leased by an individual or entity. 48. Vehicle sign: A sign mounted, painted, attached or affixed to a truck, car, boat, trailer, or other vehicle or similar equipment. 49. Wall sign: A permanent sign fastened, attached, or connected to, or supported in whole or in part by, a building or structure. 50. Window sign: A sign affixed to the interior or exterior of a window, or placed immediately behind a window , and visible from outside of the building. 17-10 -4 Prohibited signs All signs not expressly allowed under this chapter are prohibited, in- cluding but not limited to: A. Billboards. B. Flashing, blinking, reflective, inflatable or animated signs, includ- ing signs with an intermittent or varying color or intensity of artifi- cial illumination, whether deliberate or as a consequence of a de- fect in the sign or illumination source, except as expressly allowed by the provisions of section 17-10-19 (electronic message displa ys) or section 17-10-33 (inflatable and air activated signs). C. Projected-image signs. D. Ribbons, streamers, balloons, or pin flags, except as expressly al- lowed by the provisions of section 17-10-33 (inflatable and air acti- vated signs). E. Searchlights. 00057613.DOCX /1 MARANA LDC UPDATE 8 12 /26/2018 Title 17. Land Development 17 F. Signs projecting sound, except as expressly allowed by the provi- sions of section 17-10-18 (drive-through signs). G. Signs that obstruct free and clear vision of motor vehicle operators. H. Signs located in a sight visibility triangle, unless approved by the planning director. I. Signs placed in any location where by reason of position, shape, or color may interfere with or be confused with any authorized traffic sign, signal, or device. J. Signs placed on any curb, sidewalk, post, pole, hydrant, bridge, tree or other surface located on public property or over or across any street or public thoroughfare, or in the public right -of-way, ex- cept as expressly allowed by this chapter. K. Signs projecting above the top of the wall parapet, or roofline, or mounted on a roof. 17-10 -5 Exempt signs The following signs shall be exempt from the application and permit requirements of this chapter. Exempt signs must comply with all other applicable regulations contained in this chapter, if any. A. Flags that comply with the requirements of section 17-10-20 (flags and flag poles) B. Fuel service pump topper signs. C. Government signs. D. Grave markers, headstones, statues, historical markers, and cor- nerstones. E. Hazard warning and parking signs measuring three square feet or less. F. Portable signs that comply with the requirements of section 17 -10- 35 (portable signs). G. Portable directional signs that comply with the requirements of section n 17-10-34 (portable directional signs). H. Roadway construction business identification banners that comply with the requirements of section 17-10-38 (roadway construction business identification banners). I. Signs carried or displayed by a sign walker in compliance with the requirements of section 17-10-24 (sign walkers). J. Signs integrated into the design of an automated bank teller ma- chine. K. Signs relocated as the result of town construction projects. L. Vehicle signs that comply with the requirements of section 17-10- 27 (vehicle signs). 00057613.DOCX /1 MARANA LDC UPDATE 9 12 /26/2018 Title 17. Land Development 17 M. Window signs that comply with the requirements of section 17-10- 29 (window signs). N. Temporary signs in residential areas that comply with the re- quirements of paragraph 17-10 -25 C . O. Any sign authorized by this chapter that is six square feet or small- er, unless an application and permit are expressly required by this chapter. 17-10 -6 Permits A. General. 1. The sign-property owner or the sign -property owner’s repre- sentative may apply for a sign permit. 2. Except as provided in subparagraph 3 belo w, a sign permit is required prior to constructing, installing, placing, altering, or relocating any sign within the town. 3. A sign permit is not required for any of the following: a. Change of sign copy b. An exempt sign as defined in this chapter c. A sign allowed by a state or federal law preemption of this chapter d. Sign maintenance that does not change the design of the sign B. Permit fees. Upon approval of an application for a sign permit, the applicant shall pay the applicable fee assessed in accordance with the fee schedule adopted and amended from time to time by the council. C. Application. 1. A sign permit application shall be submitted for all signs re- quiring a permit. 2. A sign permit application must be accompanied by all items required by the sign permit application checklist. D. Permit suspension or revocation. In addition to enforcement pur- suant to chapter 5 -7 of the town code, the planning director may suspend or revoke a sign permit issued as a result of the appli- cant’s material omission or misstatement of fact. The planning di- rector shall give notice of any suspension or revocation to the ap- plicant and to the sign -property owner. 17-10 -7 Sign design and construction A. All signs shall incorporate design elements consistent with the overall architectural character of buildings and other improve- ments on the sign -premises. 00057613.DOCX /1 MARANA LDC UPDATE 10 12 /26/2018 Title 17. Land Development 17 B. Electric raceways and transformers shall be located to minimize visibility. C. All signs shall be designed and c onstructed in conformance with current town building codes (see town code title 7). D. All temporary signs shall be constructed using suitably durable materials as approved by the planning director. 17-10 -8 Sign measurement A. Sign area shall be measured as follows: 1. Sign copy mounted on or painted on a background panel or ar- ea distinctively painted, textured, or constructed as a back- ground for the sign copy shall be measured as that area con- tained within the sum of the smallest rectangles that will en- close both the sign copy and the background. 2. Sign copy mounted as individual letters or graphics against a wall, fascia, mansard, or parapet of a building or other struc- ture that has not been painted, textured, or otherwise altered to provide a distinctive background for the sign copy shall be measured as a sum of the smallest polygon of not more than 12 sides that will enclose each word and each graphic in the total sign. 3. Signs with multiple faces shall be measured as follows: 00057613.DOCX /1 MARANA LDC UPDATE 11 12 /26/2018 Title 17. Land Development 17 a. The area of all faces shall be include d in determining the area of the sign, except that only one face of a double -faced sign shall be considered in determining the sign area when both faces are parallel and the greatest distance between faces does not exceed five feet, or when the interior an gle of the sign faces does not exceed 45 degrees in the case of a ‘V’- configured sign. If the area of one sign face exceeds the area of the sign’s op- posing face, the area of the larger face shall be used to de- termine the sign ar- ea. b. The area of a sign that contains three or more faces shall be calculated as 50% of the sum of the area of all faces. c. Spherical, free-form, sculptural, or other non -planar sign area is measured as 50% of the sum of the areas using only the four vertical faces of the smallest six -faced polyhedron that will encompass the sign structure. B. Sign height shall be measured as follows: 1. The height of a freestanding sign shall be measured as the vertical distance from the finished grade beneath the sign, exclusive of any filling, berming, mounding or landscaping done solely for the purpose of locating the sign, to the highest point of the sign. If the sign is proposed in a location in which the finished grade beneath the sign is lower than the grade of the adja- cent roadway surface, the sign height shall be meas- ured from the top of the curb, or crown of the adja- cent roadway surface where no curb exists. The height of any monument base or other structure erected to support or ornament the sign shall 00057613.DOCX /1 MARANA LDC UPDATE 12 12 /26/2018 Title 17. Land Development 17 be measured as part of the sign height. 2. Wall fascia, mansard, and parapet- mounted signs shall be measured as the vertical distance to the top of the sign or sign structure from the base of the wall on which the sign is located. 17-10 -9 Sign illumination A. Signs may be illuminated, except where ex- pressly prohibited in this chapter. B. All illuminated signs shall be constructed and operated in compliance with the outdoor lighting code. 17-10 -10 Sign maintenance A. Any sign or sign component shall be promptly repaired or re- placed if it: 1. Is damaged or deteriorated, 2. Constitutes a danger or hazard to public safety, or 3. Is reasonably determined by the planning director, by reason of its appearance as viewed at ground level from the public right - of-way or from neighboring properties, to: a. Be detrimental to property value b. Be offensive to the senses, or c. Reduce the aesthetic appearance of the area. B. Maintenance of a sign shall include all of the following: 1. Periodic cleaning 2. Replacement of defective light sources 3. Repair or replacement of any faded, peeled, cracked, or other- wise damaged or broken parts 4. Any other activity necessary to restore the sign to compliance with the requirements of the sign permit issued for its installa- tion and the provisions of this chapter. 17-10 -11 Areas with special sign regulations A. Special sign districts. Special sign districts may be established by ordinance. Special sign districts may have unique regulations ap- plicable to them, which differ from those set forth in this chapter. B. Specific plans. Sign regulations approved as part of a specific pla n take precedence over this chapter within the specific plan area. Particular signage elements not addressed by the specific plan sign regulations shall be governed by this chapter. 00057613.DOCX /1 MARANA LDC UPDATE 13 12 /26/2018 Title 17. Land Development 17 C. Planned sign program. Sign regulations approved as part of a planned sign program take precedence over this chapter. Planned sign programs shall be reviewed by staff and subject to considera- tion and approval by the planning commission. 17-10 -12 Planned sign programs A. A planned sign program is available for development projects con- sisting of multi-tenant buildings, non -residential developments with multiple buildings or mixed-use developments. The program shall be reviewed by staff and subject to consideration and ap- proval by the planning commission. A planned sign program: 1. Is intended to a llow flexibility in order to achieve exceptional project design through architectural integration of the site, buildings, and signs. 2. Is intended to provide for design compatibility of all signs and to establish and maintain a consistent design theme within a development. 3. Shall be in substantial conformance with the general intent of the regulations of this chapter , but may establish reasonable and appropriate alternatives to the standard provisions of this chapter. 4. Shall establish design standards, including, but not limited to, sign types, placement, size, design, colors, materials, textures, and method of illumination. 5. Shall provide adequate identification and information for the development. 6. Shall provide aesthetic appeal, promote traff ic safety, and maintain consistency with other town regulations. B. A planned sign program application shall be submitted to the planning department and must be accompanied by all items re- quired by the planned sign program application checklist and all applic able fees. C. All freestanding signs approved through a planned sign program and allowed an increase in either area or height above the basic standards for freestanding signs must be constructed to the stand- ards of exceptional design as defined in this chapter (see subpara- graph 17-10-3 A. 17 above). 17-10 -13 Legal nonconforming signs A. Legal nonconforming signs are allowed, subject to the require- ments of this section. B. Any legal nonconforming sign shall be permitted to remain, so long as it: 1. Is not increased in area or height and remains structurally un- changed, except for reasonable repair s or alterations; or 00057613.DOCX /1 MARANA LDC UPDATE 14 12 /26/2018 Title 17. Land Development 17 2. Is not relocated, unless at the request or requirement of the town so as to comply with applicable safety requirements. C. A legal nonconforming sign shall be rebuilt, repaired, or replaced only in conformance with the provisions of this chapter if it is: 1. Structurally changed, except for reasonable repairs or altera- tions; 2. Damaged by half or more of the cost to replace the sign as a re- sult of fire, lack of maintenance, or other causes; or 3. Temporarily or permanently moved or removed by any means, including an act of God, excep t as provided in subpara- graph 17-10-13 B. 2 above. 17-10 -14 Abandoned signs A. The planning director shall, upon determining that a sign is an abandoned sign, give notice to the sign owner that the sign is deemed an abandoned sign. B. Within 30 days after receipt of the planning director’s notice , the sign owner shall take one of the following actions: 1. Remove the sign and its supporting structure; 2. Remove the sign face and replace it with a blank sign face; or 3. Reverse the sign face and not illuminate the sign from the inte- rior. 17-10 -15 Classification; enforcement; removal A. General. Violation of this chapter is a civil infraction and shall be enforced pursuant to chapter 5 -7 of the town code. B. Removal of signs by town; notice; fees. 1. A code compliance officer or other authorized representative of the town may immediately remove or cause the removal of a sign in either of the following circumstances: a. When the sign is unlawfully placed in the public right-of- way. b. When the sign poses an immediate hazard to persons or property. 2. If possible, when exercising its right to immediately remove or cause the removal of a sign, the town shall provide the sign owner with verbal or written notification of the removal at the time of the removal. The notice shall include all of the follow- ing: a. The reason or reasons for the removal. b. The location where the sign owner may claim the sign . 00057613.DOCX /1 MARANA LDC UPDATE 15 12 /26/2018 Title 17. Land Development 17 c. Notification that if the sign owner does not claim the sign within five days of the notice, the town may destroy or re- use the sign. 3. If a sign is placed in violation of this chapter but does not pose an immediate hazard to persons or property and is not located in the public right-of-way, a code compliance officer or other authorized representative of the town shall provide written no- tice of violation to the sign owner. a. The notice shall include all of the following: i. The reason or reasons the sign is in violation. ii. Notification that if the sign is not removed within 48 hours of the notice, the town will remove the sign. iii. The location where the sign owner may claim the sign if it is removed. iv. Notification that if the sign is removed and the sign owner does not claim the sign within five days of the notice, the town may destroy or reuse the sign. b. The notice shall be delivered either by personal delivery or, if the town is unable to det ermine the owner of the sign, by affixing it to the offending sign. c. If the offending sign is not removed within the 48 -hour pe- riod, a code compliance officer or other authorized repre- sentative of the town may remove or cause the removal of the sign. 4. The town’s cost to remove or store a sign shall be borne by the sign owner in the amount set forth in the fee schedule ap- proved by the council and amended from time to time. C. Effect. Neither the suspension nor revocation of a sign permit, nor the removal of a sign by the town, shall be a defense against prose- cution . II. REGULATIONS BY SIGN TYPE 17-10 -16 Awning signs A. An awning sign shall be allowed in lieu of, or in conjunction with, a wall sign. B. Awning sign area shall be calculated as part of the allowable area for wall signage for any given elevation. 17-10 -17 Directory signs Directory signs are allowed in non -residential area developments and multi-family complexes subject to the following: A. Each sign premise shall be allowed one directory sign at each en- trance on each street frontage. 00057613.DOCX /1 MARANA LDC UPDATE 16 12 /26/2018 Title 17. Land Development 17 B. Sign height shall not exceed eight feet. C. Sign area shall not exceed 40 square feet. D. Signs shall be located at least 100 feet from any abutting street right-of-way unless a building or other structure blocks the sign’s visibility from the street. 17-10 -18 Drive -through signs A. Drive-through signs may be freestanding or wall-mounted. B. Drive-through signs shall be limited to two signs per drive- through lane. C. Each drive-through sign shall be no greater than ten feet in height. D. Each drive-through sign shall be located adjacent to a drive - through lane. E. Drive-through signs may include electronic message displays sub- ject to the requirements and limitations of section 17-10-19 (electronic message displa ys), except that the display may occupy the entire area of the sign face. F. Sound emitted by drive-through signs must not be audible from any residential property. 17-10 -19 Electronic message displays A. Electronic message displays are permitted as an integral compo- nent of either of the following: 1. A permitted freestanding monument sign. 2. A sign type whose regulations refer to this section, subject to any additional limitations on electronic message signs set forth in the regulations for that sign type. B. Except as provided in section 17-10-18 (drive-through signs), e lec- tronic message displays may occupy up to 50% of the allowable ar- ea of a sign face. C. Electronic message displays may be full color and shall consist on- ly of static messages that ch ange not more frequently than once every 7.5 seconds. D. Electronic message display messages must transition by instant change method. Scrolling, travelling, flashing, full-motion video, use of sound, and similar operational effects are prohibited. E. Electronic message displays shall conform to the regulations of the outdoor lighting code. F. An electronic message display visible from an existing residential use shall be installed a minimum of 150 feet from the property line of the residential use. 00057613.DOCX /1 MARANA LDC UPDATE 17 12 /26/2018 Title 17. Land Development 17 17-10 -20 Flags and flag poles A. Each sign-property may contain one flagpole bearing one or more flags, except as otherwise permitted under section 17-10-12 (planned sign programs) or section 17-10-37 (residential subdivi- sion sign program). B. A flag pole shall not exceed a height of 25 feet when accessory to a residential use. In all other situations, a flag pole shall not exceed the higher of: 1. 30 feet, or 2. 1.25 times the height of any building within 200 feet of where the flagpole is to be constructed, but in any event not to exceed 50 feet. C. The length of a flag shall be no greater than one -fourth of the height of the flag pole. D. A flag shall not encroach beyond the sign -premises. E. A flag shall not create a safety hazard. F. A flag may be illuminated in conformance with the outdoor light- ing code. 17-10 -21 Freestanding interstate signs Freestanding interstate signs shall be allowed only upon approval by the planning commission of a conditional use permit or a planned sign program and shall be subject to the following: A. A freestanding interstate sign may be allowed for commercial, in- dustrial, or mixed-use sign-premises that are: 1. A minimum of one acre in size, 2. Within 250 feet of the interstate right -of-way or within 250 feet of the railroad right-of-way, and 3. Within 250 feet of the right -of-way of an arterial roadway inter- secting the interstate. B. A freestanding interstate sign shall not exceed a height of 65 feet above the finished grade beneath the sign, exclusive of any filling, berming, mounding or landscaping done solely for the purpose of locating the sign. C. A freestanding interstate sign shall not exceed an area of 300 square feet. D. A freestanding interstate sign shall not be located within 500 feet of another freestanding interstate sign. E. A freestanding interstate sign shall be a minimum of 500 feet from the property line of any existing residential use. 00057613.DOCX /1 MARANA LDC UPDATE 18 12 /26/2018 Title 17. Land Development 17 F. A freestanding interstate sign may include an electronic message display component subject to section 17-10-19 (electronic message displays). 17-10 -22 Freestanding monument signs A. A freestanding monument sign shall be allowed in non-residential areas subject to the following: 1. One sign shall be allowed per street frontage of sign -premises provided that the sign -premises has a minimum street frontage of 100 feet. 2. Two signs shall be allowed per street frontage for sign - premises with 600 feet or more of street frontage, and more than one entrance to the sign-premises on that frontage. One additional freestanding monument sign shall be permitted for each additional 300 feet of street frontage with an additional entrance. 3. The sign area shall not exceed 40 square feet for a single tenant sign-premises. 4. The sign area for sign-premises occupied by two or more ten- ants shall not exceed 80 square feet. 5. The sign height shall not exceed eight feet. 6. A 25% increase in the area and/or height of a sign will be al- lowed for a sign of exceptional design as defined in subpara- graph 17-10-3 A. 17 above. 7. A sign-premises containing two or more tenants shall be al- lowed an increase in the area and height of one freest anding monument sign per street frontage subject to the following: a. One sign of increased area and height shall be allowed for each sign-premises street frontage exceeding 500 linear feet. b. The sign area shall not exceed 150 square feet. c. The sign height shall not exceed 20 feet. d. The sign shall be constructed to the standards of exception- al design, as defined in subparagraph 17-10-3 A. 17 above , and shall not be allowed an increase in area or height. 8. The width of the base of a monument sign must be equal to or greater than 75% of the width of the sign face. 9. Signs shall be set back a minimum of five feet from a ny road right-of-way, and 30 feet from any residential area property line. 10. A freestanding monument sign shall be located at least 50 feet from any other freestanding monument sign. B. Multi-family residential complex containing 12 units or more, in- cluding apartments, condominiums, townhome complexes, manu- 00057613.DOCX /1 MARANA LDC UPDATE 19 12 /26/2018 Title 17. Land Development 17 factured home parks, recreational vehicle parks, and similar uses, shall be allowed a freestanding monument sign subject to the fol- lowing: 1. One freestanding monument sign shall be allowed per street frontage of the sign -premises. 2. Signs shall not exceed 40 square feet in area and eight feet in height. 3. A 25% increase in the area and height of a sign will be allowed for a sign of exceptional design as defined in subparagraph 17- 10-3 A. 17 above. 17-10 -23 Shingle signs A. Shingle signs shall be limited to one per tenant space frontage and shall be located at a point of public access. B. Shingle sign area shall not exceed five square feet. C. A shingle sign shall be located in front of the tenant space it per- tains to and shall be suspended from a covered porch, walkway, extended roof or similar architectural element. D. A minimum clearance of eight feet shall be maintained beneath a shingle sign. 17-10 -24 Sign walkers Sign walkers are allowed subject to the following: A. Sign walkers are pr ohibited in parking aisles or stalls, in driving lanes or driveways, in construction zones. B. Sign walkers are prohibited from operating in any manner that ob- structs visibility or movement of pedestrians, motorists or cyclists. C. Signs displayed by sign walkers shall not include any form of il- lumination, animation, or attachment. D. Signs displayed by sign walkers shall not exceed eight square feet in area. 17-10 -25 Signs in residential areas Signs are allowed in residential areas subject to the following require- ments: A. All signs shall comply with the regulations of this chapter applica- ble to the sign type, as further regulated by this section. B. All signs shall be displayed on the sign -property. C. Temporary signs in residential areas are subject to the require- ments of section 17-10-30 (temporary signs—general require- ments), and each temporary sign must be clearly labeled with the name and telephone number of the sign owner. 00057613.DOCX /1 MARANA LDC UPDATE 20 12 /26/2018 Title 17. Land Development 17 D. Signs shall not exceed six feet in height unless attached to a wall or structure. E. Each single-family residential sign-property shall be allowed a cumulative sign area of six square feet with no limit on the number of signs. F. For multi-family uses, each residential unit shall be allowed a cu- mulative sign area of five square feet with no limit on the number of signs. G. Signs have no display period limitations. H. Signs may not advertise offsite commercial activities. 17-10 -26 Subdivision entry signs A subdivision entry sign , consisting of a wall sign or freestanding monument sign, may be placed at a main entrance to a residential subdivision or complex , subject to the following: A. Subdivision entry w all signs may be mounted on a perimeter or landscape wall on both sides of a main entrance to a subdivision or complex. The cumulative w all sign area at each entrance to a sub- division shall not exceed 100 square feet B. Subdivision entry freestanding monument signs shall be limited to one sign at each main entrance to a subdivision or complex subject to the following: 1. The sign area shall not exceed 100 square feet. 2. The sign must be setback a minimum of one foot from any property line. 3. The sign may not include an electronic message display. 17-10 -27 Vehicle signs A vehicle sign may be displayed only when all of the following condi- tions are met: A. Signs must be painted on or applied directly to the vehicle and may not extend beyond the horizontal or vertical profile of the ve- hicle. B. Signs shall not be mounted in the bed of a truck. C. The vehicle displaying the sign must be operable, registered, li- censed, and driven at least once a week. D. The vehicle displaying the sign must be parked in a legal parking space. 17-10 -28 Wall signs A. Wall signs may be mounted flush, angled, bowed, or perpendicu- lar to the wall. B. Wall signs in residential areas shall be subject to the following: 00057613.DOCX /1 MARANA LDC UPDATE 21 12 /26/2018 Title 17. Land Development 17 1. In addition to an address sign as required by this chapter, a single-family residence shall be allowed one wall sign, not to exceed three square feet. 2. Wall signs on single-family residences shall not be placed high- er than 10 feet above finished grade. 3. Multi-family residences shall be allowed one sign per dwelling unit, not to exceed three square feet. 4. A multi-family residential complex containing 12 units or more shall be allowed a maximum of 32 square feet of wall signage per street frontage. 5. Illumination of signage shall be prohibited with the exception of multi-family residential complexes containing 12 units or more. C. Wall signs in non -residential areas shall be subject to the following: 1. Shall be allowed on no more than three elevations of any build- ing. 2. The allowable sign area shall be calculated at a rate of 1.5 square feet for each linear foot of building elevation or tenant space frontage up to a maximum of 200 square feet per eleva- tion. 3. Shall only be placed on the first and top stories of a multi-stor y building. 4. Shall be allowed on parapet walls that are structurally integrat- ed into the original building design , and shall not be placed on parapet extensions added to an existing building. 5. Signs up to a cumulative total of 75 square feet of signage per canopy are allowed on all sides of a freestanding canopy struc- ture, calculated in the same manner as any other wall sign . 17-10 -29 Window signs A window sign may be painted on, adhered to, or suspended behind a glass door or window surface, subject to the following: A. In non-residential areas, window signs shall cover no more than 40% of the window upon which the sign is displayed. B. Window signs shall only be displayed on first floor windows. C. Window signs shall only be internally illuminated. D. Portions of window signs consisting of electronic message displays shall be limited to five square feet and shall be subject to the re- quirements of section 17-10-19 (electronic message displa ys). 00057613.DOCX /1 MARANA LDC UPDATE 22 12 /26/2018 Title 17. Land Development 17 III. REGULATIONS FOR TEMPORARY SIGNS 17-10 -30 Temporary signs —general requirements The requirements set forth in this section apply to all temporary signs. A. Temporary signs shall be constructed of fabric, plastic, wood, met- al, or similar durable weather-resistant materials. B. Temporary signs shall be maintained free of chipped paint, cracks, loss of text or graphics, or similar defects. C. No temporary sign shall be placed upon any other sign assembly, utility pole, authorized traffic control device, utility box, fence, freestanding wall, boulder, tree, planter, vehicle, or similar struc- ture. D. Temporary signs shall be placed in a manner that prevents dis- placement during adverse weather conditions and does not result in a safety hazard to the public. E. Except as expressly allowed by this chapter, temporary signs shall not be located within the public right -of-way. F. Temporary signs shall not interfere with the free movement of pe- destrians, bicycles, or vehicles, and shall be placed so that a mini- mum of six feet of clearance is main tained from all sidewalks, pe- destrian access ways, parking area access lanes, and handicap - designated parking spaces. G. Temporary signs shall not include amplified sound, animation, motion or attachments such as balloons, flags, streamers, pin- wheels, or ribbons, except as specifically authorized by section 17- 10-33 (inflatable and air activated signs). H. Temporary signs shall not be illuminated other than by ambient light present on the property or by existing illumination intended for other uses. I. All temporary signs require a sign permit except portable signs (section 17-10-35 ), portable directional signs (section 17-10-34), and temporary signs in residential areas (paragraph 17-10-25 C) (see section 17-10-5, exempt signs). 17-10 -31 Banners Banners are temporary signs which are allowed in non-residential are- as subject to the requirements of section 17-10-30 (temporary signs— general requirements) and the following additional requirements: A. Shall be displayed on the sign -premises. B. Shall be limited in quantity to one per business. C. Building-mounted banners shall not exceed a height of 25 feet or the top of the parapet, whichever is less. D. Freestanding banners shall not exceed a height of ten feet above grade. 00057613.DOCX /1 MARANA LDC UPDATE 23 12 /26/2018 Title 17. Land Development 17 E. Sign area shall not exceed 40 square feet. F. May be displayed up to 21 days, four times per calendar year per business. 17-10 -32 Development activity signs Development activity sign s are temporary signs which are allowed in non-residential areas subject to the requirements of section 17-10-30 (temporary signs—general requirements) and the following additional requirements: A. Signs shall be displayed on the sign-premises. B. Signs may be displayed at the beginning of the duration of an ac- tivity, and shall be removed within seven days of the completion of the duration of the activity. The duration of an activity is the pe- riod of time between any of the following: 1. From development plan approval to the earlier of: a. The completion of the improvements shown on the devel- opment plan, or b. The second anniversary of development plan approval. 2. From the issuance of a building permit for a development pro- ject to the earliest of: a. The issuance of a certificate of occupancy, b. The final inspection approval, or c. The second anniversary of the issuance of the building permit. 3. From the date of listing a property for sale or lease to the earlier of: a. The consummation of the sale or lease or b. The second anniversary of the listing date. C. No more than three signs shall be allowed per street fron tage. D. Each sign shall not exceed eight feet in height. E. Each sign shall not exceed 32 square feet in area. F. A development activity sign shall not be permitted on a residential subdivision that has an approved residential subdivision sign pro- gram (see section 17-10-37 ). 17-10 -33 Inflatable and air activated signs Inflatable and air activated signs are temporary signs which are al- lowed in non-residential areas subject to the requirements of section 17-10-30 (temporary signs—general requirements) and the following additional requirements: 00057613.DOCX /1 MARANA LDC UPDATE 24 12 /26/2018 Title 17. Land Development 17 A. May be displayed in conjunction with a special event or activity. B. May be displayed for a period of up to three consecutive days and no more than two dis- play periods shall be allowed per calendar year. C. Shall be located on the sign-premises. D. No more than two signs may be displayed con- currently on a sign -premises. E. Shall be setback a distance equal to or greater than the height of the sign from all property lines. F. Shall maintain 18 feet of clearance from over- head utility lines. G. Shall be placed and operate in accordance with applicable building and fire codes including proper anchoring to the ground. H. Shall not be placed on the roof of any building or structure. 17-10 -34 Portable directional signs Portable directional signs are permitted subject to the requirements of section 17-10-30 (temporary signs—general requirements) and the fol- lowing additional requirements: A. Each sign must be clearly labeled with the name and telephone number of the sign owner. B. Each sign may not exceed six square feet in area and 30 inches in height. C. No more than eight signs may be placed: 1. Directing the public to any particular real estate open house, 2. Directing the public to any particular event, or 3. With any particular message. D. Signs directing the public to a property or event must be located within five miles of the property or event. E. One sign may be placed at each major change in travel direction along the route leading to t he property or event. F. On routes with infrequent major changes in travel direct ion, signs may be located at each intersection of collector or larger roadways. G. No sign shall be placed within 20 feet of another sign authorized by this section. H. Signs shall only be displayed between sunrise and sunset and must be removed daily. I. Signs shall not be displayed more than four days in any week. 00057613.DOCX /1 MARANA LDC UPDATE 25 12 /26/2018 Title 17. Land Development 17 J. Signs shall not be placed within a median, sidewalk, multi -use path, or any location that would create an obstacle for pedestrians. K. Signs may be placed in the public right -of-way subject to the fol- lowing additional requirements: 1. On curbed roadways, signs within the public right -of-way shall be placed at least two feet from the back side of the curb and at least two feet from a sidewalk or shared-use path. 2. On roadways without curbs, signs within the publ ic right-of- way shall be placed at least six feet from the edge of the paved surface. 3. Signs shall not be placed between a shared -use path and the paved surface of the roadway unless there is adequate distance to maintain a six -foot setback for the sign from the edge of the roadwa y and a two-foot setback for the sign from the edge of the path. 17-10 -35 Portable signs Portable signs are temporary signs which are allowed in non- residential areas subject to the requirements of section 17-10-30 (temporary signs—general requirements) and the following additional requirements: A. Each sign must be clearly labeled with the name and telephone number of the sign owner. B. Shall be limited in quantity to one per business. C. Must be located within 30 feet of a building entra nce on the sign - property. D. May only be displayed during hours of operation and must be re- moved at the end of each business day. E. Sign area shall not exceed 12 square feet. 17-10 -36 Quill signs Quill sign s are temporary signs which are allowed in non-residential areas subject to the requirements of section 17-10-30 (temporary signs—general requirements) and the following additional require- ments: A. Shall be displayed on the sign-premises. B. One sign per 100 linear feet of street frontage up to six signs per frontage. C. A maximum of two signs may be displayed for any business. D. Each sign shall not exceed ten feet in height. E. Each sign shall not exceed 2 0 square feet in area. F. Each sign shall be no closer than 50 feet to another quill sign. 00057613.DOCX /1 MARANA LDC UPDATE 26 12 /26/2018 Title 17. Land Development 17 G. May be displayed up to 21 days, four times per calendar year per business. H. Quill signs are not permitted within the downtown neighborhood (DN) or downtown (DT) zones. 17-10 -37 Residential subdivision sign program Residential subdivisions with a sales office and offering new homes for sale may submit a proposed residential subdivision sign program to regulate the use of temporary signs for the subdivision, subject to the requirements of section 17-10-30 (temporary signs—general require- ments) and the following additional requirements: A. A proposed residential subdivision sign program shall be submit- ted to the planning director, who shall approve, deny, or require modification and resubmission based on the proposed program’s compliance with the requirements of this section. B. A residential subdivision sign program must include: 1. A site plan showing the location of all proposed signs; and 2. A description of the type, number, size, placement, and materi- als of all proposed signs. C. The residential subdivision sign program shall expire when the sales office is permanently closed. D. All signs shall be removed upon expirat ion of the residential sub- division sign program. E. A residential subdivision sign program may include the following on-site signage: 1. A maximum of 500 square feet of signage per builder. 2. No individual sign may exceed an area of 128 square feet or a height of 20 feet. 3. Temporary signs, flags (subject to the provisions of 17-10-2 0 , flags and flag poles), and banners. F. A residential subdivision sign program may include off -site direc- tional signs subject to the following additional requirements: 1. Signs shall be located on private property with the written permission of the sign -property owner. 2. Each sign may not exceed 32 square feet in area and eight feet in height. 3. Signs must be located within a reasonable distance of the sub- division, considering its remoteness from major transportation routes. 4. One sign may be placed at each major change in travel direc- tion along the route leading to t he subdivision. 00057613.DOCX /1 MARANA LDC UPDATE 27 12 /26/2018 Title 17. Land Development 17 5. On routes with infrequent major changes in travel direction, signs may be located at each intersection of collector or larger roadways. 6. Signs for an individual builder for multiple subdivisions shall be combined into a single sign; and 7. Signs of multiple builders for any particular master develop- ment shall be combined into a single sign. G. Residential subdivision sign program offsite directional signs shall not be located within the public right-of-way, except as part of the town’s regulatory wayfinding sign program. 17-10 -38 Roadway construction business identification banners A. An existing use within a commercial, mixed-use, or industrial zon- ing district and within an area subject to long-term or substantial road construction activity performed by the town or other public entity or utility company may display one roadway construction business identification banner on each adjacent street frontage of sign-premises. B. Banners shall be located on the sign -premises. C. Banners shall not exceed 40 square feet. D. Banners may be displayed throughout the period of construction.