I. Administration and general

17-10-1 Purpose

This chapter establishes reasonable regulations for the design, placement, construction, and maintenance of all signs 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 provision of the code, the more restrictive requirement shall apply.

   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, occupancy, product, or activity that has already occurred or has not existed for a period of 30 consecutive days, for reasons attributable at least in part to the sign-property owner.

   2.   A-frame: A portable sign typically constructed of wood or plastic 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 including 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 through mechanical, electrical, or environmental means including motion by activity such as wind, thermal changes, or other naturally occurring external forces.

   4.   Awning: An architectural projection or shelter projecting from, and 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.

   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 not associated with a business, use, occupancy, 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 projection supported by attachment to a building on one or more sides and cantilevered from the building or supported by columns.

   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.

   11.   Commercial sign: Any sign that does not fit the definition of non-commercial sign.

   12.   Development activity sign: A temporary freestanding sign consisting 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 requirements of subparagraph 17-10-32 (development activity signs).

   13.   Directory sign: A monument sign that complies with the requirements of section 17-10-17 (directory signs).

   14.   Drive-through sign: A sign that complies with the requirements of section 17-10-18 (drive-through signs).

   15.   Electronic message display: An electronically activated changeable 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 architecturally interesting design that complies with the following:

      a.   At least 50% of all surfaces of the sign structure shall consist 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 manager

      b.   Except as described in subparagraph c below, the 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 required 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 attached at one edge to a staff.

   19.   Freestanding interstate sign: A freestanding sign that complies with the requirements of section 17-10-21 (freestanding interstate signs)

   20.   Freestanding monument sign: A freestanding sign that complies with the requirements of section 17-10-22 (freestanding monument signs).

   21.   Freestanding sign: A sign erected or mounted on a self-supporting permanent base detached from supporting elements 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 requires to be constructed, placed, or maintained.

   24.   Illuminated sign: A sign that uses artificial light, either projecting 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 ordinances in effect at the time of its installation; but that does not comply with current regulations.

   26.   Non-commercial sign: A sign containing no message, statement, or expression related to commercial interests. Noncommercial 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 traveling public to a real estate open house or to an event or a portable sign with any particular non-commercial message.

   30.   Portable sign: A freestanding, moveable sign not permanently affixed to any building, structure, 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 other 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 and designed to move in the wind.

   33.   Reasonable repairs or alterations: Repairs or alterations determined by Arizona case law as being consistent with the “reasonable 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 residential 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 identification 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 structure.

   37.   Sight visibility triangle: An area extending along an intersection approach leg and across the included corners 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 definition 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 comprising 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:

      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 industrial center where the sign is located plus adjacent right-of-way used by the sign-premises owner, owners, or owners 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 plastic with a structure in the appearance of an inverted ‘T’.

   46.   Temporary sign: A portable sign, a sign not permanently embedded in the ground, or a sign not permanently 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.

Ordinance 2021.004 replaced “planning director” with “planning manager” in paragraph A.17.a.vi

Ordinance 2022.006 amended Section 17-10-3 A.29

17-10-4 Prohibited signs

All signs not expressly allowed under this chapter are prohibited, including but not limited to:

A.   Billboards.

B.   Flashing, blinking, reflective, inflatable or animated signs, including signs with an intermittent or varying color or intensity of artificial illumination, whether deliberate or as a consequence of a defect in the sign or illumination source, except as expressly allowed by the provisions of section 17-10-19 (electronic message displays) or section 17-10-33 (inflatable and air activated signs).

C.   Projected-image signs.

D.   Ribbons, streamers, balloons, or pin flags, except as expressly allowed by the provisions of section 17-10-33 (inflatable and air activated signs).

E.   Searchlights.

F.   Signs projecting sound, except as expressly allowed by the provisions 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 manager.

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, except as expressly allowed by this chapter.

K.   Signs projecting above the top of the wall parapet, or roofline, or mounted on a roof.

Ordinance 2021.004 replaced “planning director” with “planning manager” in paragraph H

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 cornerstones.

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 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 machine.

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).

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 requirements of paragraph 17-10-25 C.

O.   Any sign authorized by this chapter that is six square feet or smaller, 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 representative may apply for a sign permit.

   2.   Except as provided in subparagraph 3 below, 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 requiring 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 pursuant to chapter 5-7 of the town code, the planning manager may suspend or revoke a sign permit issued as a result of the applicant’s material omission or misstatement of fact. The planning manager shall give notice of any suspension or revocation to the applicant and to the sign-property owner.

Ordinance 2021.004 replaced “planning director” with “planning manager” in paragraph D