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7A.10.4   TEMPORARY SIGNS
   A.   
      The following types are permitted for a limited period of time and are not calculated as part of the area allotment.
      1.   A is permitted as a under the following :
         a.   One balloon 2' in diameter or larger is permitted per establishment. Balloons smaller than 2' in diameter are considered small fixed balloons and are regulated by Section 7A.10.4.A.3;
         b.   A is prohibited from having mechanical or electronic movement or animation of any kind;
         c.   A permit for a fixed balloon will be issued for a period of 90 days.
         d.   The permitted fixed balloon may be displayed for up to 10 consecutive days at a time.
         e.   A fixed balloon is allowed in commercial and industrial only.
      2.   Temporary
         A -mounted may be permitted under the following :
         a.   Maximum number: One per   .
         b.   Size: 90 sq. ft. maximum.
         c.   Allowed in a commercial and industrial zone only.
         d.   A temporary -mounted is not calculated as part of the portable area allotment for a premise or on a premise.
         e.   All corners must be attached to the   or facade or a temporary construction structure during periods of remodeling or road construction.
         f.    Allowed in 90-day increments. This banner cannot be used for more than a cumulative total of 90 days in any calendar year, except that if this banner is used to temporarily advertise business activities during the course of construction, permit may be renewed until construction has been completed.
         g.   The temporary banner is subject to Section 7A.2 Non-commercial Speech Substitution.
         h.   Removal: Upon completion of construction or as stated on the permit for installation of the banner.
      3.   Propellers, Hula Strips, Small Fixed Balloons, and Pennants
         Propellers, hula strips, small fixed balloons, and pennants may be permitted under the following standards:
         a.   Allowed in 90-day increments. The propellers, , small fixed balloons, and pennants cannot be used for more than a cumulative total of 180 days in any calendar year.
         b.   Propellers, , small fixed balloons, and pennants are subject to Section 7A.2  Non-commercial Speech Substitution.
      4.   
         Shall comply with A.R.S. § 16-1019.
         a.   Maximum area: 32 square feet in commercial and industrial and 16 square feet in rural and residential .
(Am. Ord. 11803, 12/8/2020)
7A.10.5   HERITAGE LANDMARK SIGNS (HLS)
   A.   Definitions
      1.   Heritage landmark (HLS). A that has conditional or final designation as a heritage landmark . HLS are listed on the City of Tucson Heritage landmark Registry. There are three types of HLS: classic, transitional, and replica.
      2.   Classic HLS. A heritage landmark originally installed prior to 1961.
      3.   Transitional HLS. A heritage landmark originally installed between 1961 and 1974 inclusive.
      4.   Replica HLS. An accurate reconstruction of an original that no longer exists. The to be replicated must have been originally installed prior to 1961.
      5.   Heritage landmark (HLS) character defining features. Physical features of an HLS such as materials, technologies, , colors, shapes, symbols, text, font/typography and/or art that have cultural and historical significance and are integral to overall design.
      6.   Heritage landmark (HLS) concentration. A minimum of three previously designated HLS, or meeting the criteria for designation, within 2,640 linear feet (1/2 mile) as measured along the center line of a , including turning in any direction at the intersection of a to connect with another designated HLS or meeting the criteria for designation, together with an additional 440 linear feet (1/16 mile) beyond the terminus HLS. A replica HLS cannot be used as part of the number of HLS in the calculation of a HLS concentration.
      7.   Heritage landmark (HLS) registry. The official list of designated   within the City of Tucson.
      8.   Heritage landmark (HLS) treatment plan. A detailed description of an HLS including its character defining features, condition, location, and maintenance, and, as applicable, proposed restoration, adaptive reuse, relocation, and, replication.
   B.   Purpose
      1.   The Heritage landmark regulations are intended to provide for the preservation of the City of Tucson's unique character, history, and identity, as reflected in its historic and iconic , and
      2.   To restore the sense of place that existed within the central business and in areas of the with concentrations of surviving historic , and
      3.   To protect the community from inappropriate reuse of nonconforming and/or illegal .
   C.   Heritage Landmark (HLS) Designation
      1.   Requests for HLS designation shall be initiated by the owner and supported by an HLS treatment plan.
      2.   "As is" HLS designation. An existing which will not be restored/repaired, adaptively reused, or relocated, and retains sufficient integrity and character-defining historic features, is in working order, and has an acceptable appearance, may obtain HLS designation "as is", upon approval of the treatment plan.
      3.   Conditional HLS Designation
         a.   The decision to approve or deny an HLS treatment plan that meets each of the HLS designation guidelines is rendered per the administrative process herein.
         b.   The decision to approve or deny an HLS treatment plan that does not meet each of the HLS designation guidelines is rendered per the legislative process herein.
         c.   Approval of an HLS treatment plan shall constitute conditional HLS designation.
      4.   Final HLS Designation
         Final HLS designation shall be contingent upon issuance of a permit in compliance with an approved HLS treatment plan, and final inspection of the within five years of conditional HLS designation. Issuance of a permit is not required for "as is" designation.
      5.   All designated (conditional or final) as heritage landmark shall be listed in the City of Tucson Heritage landmark Registry.
   D.   HLS Designation Guidelines
      Classic, transitional, and replica HLS shall be reviewed for compliance with the following guidelines:
      1.   Technical guidelines:
         a.   The shall include or have once included exposed integral incandescent lighting, or exposed neon lighting.
         b.   The shall use materials and technology representative of its period of construction.
         c.   The shall be non-rectangular or non-planar.
         d.   The shall be a , including but not limited to a detached, projecting, , or .
         e.   The is structurally safe or can be made safe without substantially altering its historical appearance.
      2.   Cultural/historical/design guidelines:
         a.   The shall exemplify the cultural, economic, and historic heritage of Tucson.
         b.   The shall exhibit extraordinary aesthetic quality, creativity, and innovation.
         c.   The is unique; or was originally associated with a chain or franchise business that is either a local or regional chain or franchise only found in Tucson or the southwestern United States; or there is scholarly documentation to support its preservation; or it is a rare surviving example of a once common type.
         d.   The shall retain the majority of its character defining features. If character-defining features have been altered or removed, the majority are potentially restorable to their historic function and appearance.
   E.   HLS Performance Requirements
      Classic, transitional, and replica HLS shall comply with the following requirements as applicable:
      1.   Restoration/
         a.   Restoration/ of a classic HLS shall be consistent with a documented appearance that existed prior to 1961.
         b.   Restoration/ of a transitional HLS shall be consistent with a documented appearance that existed between 1961 and 1974 inclusive.
         c.   Restoration/ of a replica HLS shall be consistent with a documented appearance that existed prior to 1961.
         d.   Restoration/ shall not add typographical or other elements which result in an increase in the size of the restored/repaired .
      2.   Adaptive Reuse (Change of Copy)
         a.   Adaptive reuse of a replica HLS is prohibited.
         b.   Text changes shall not result in changes to character defining text.
         c.   Text changes shall match or be compatible with existing text in material(s), letter size, font/typography, and color.
      3.   Relocation
         a.   When relocated, detached HLS shall be at least 20 feet from the back of curb (edge of pavement if there is no curb), no more than 40 feet from the of the , and a distance at least two times the height of the from any property with a non-commercial use.
         b.   If relocated to another , the HLS shall display conspicuous text or a plaque, using a template provided by the City of Tucson, that indicates that the has been relocated, the date of relocation, and the original location.
         c.   The scale and design of the to be relocated shall be compatible with existing HLS in the vicinity of the proposed location.
      4.   Replica HLS
         a.   A replica HLS shall be consistent with a documented appearance that existed prior to 1961.
         b.   A replica HLS may only be installed on the where it originally existed.
         c.   A replica HLS shall display conspicuous text or a plaque, using a template provided by the City of Tucson, that indicates the is a contemporary reproduction, and the date of reproduction.
         d.   A replica HLS shall utilize historical materials and technologies, or visually matching contemporary materials and technologies.
         e.   A replica HLS shall not replicate an existing .
      5.   The shall not be an as defined in the   .
      6.   The shall not have been previously, altered, removed and reinstalled or replaced pursuant to Section 7A.9 Non-conforming .
   F.   Content of HLS Treatment Plan
      An HLS treatment plan shall include the following:
      1.   Completed application form.
      2.   Existing and proposed elevation of the proposed HLS showing height and area of the .
      3.   Description and age of construction materials and type of illumination.
      4.   Dimensioned , with the existing and proposed , graphically showing existing and proposed location and for the proposed HLS and any other existing or proposed on the , existing and proposed   , and   .
      5.   Photographs of the existing and photo simulation(s) of the completed as viewed from the and other significant vantage points as appropriate, together with photographs of the existing conditions. Photographs must be sufficient to demonstrate the sign's dimensions, construction materials used including electrical and any types of illumination which is or was used.
      6.   Date of original construction and installation, and the address where the proposed HLS was first installed.
      7.   List of character defining features.
      8.   Documentation of the authenticity of the proposed HLS including approved permits, , elevations, and dated photographs, and age of existing materials, as available.
      9.   A narrative describing compliance with each of the HLS designation guidelines and all applicable HLS performance requirements.
      10.   Maintenance program.
      11.   List of parts and materials to be replaced.
      12.    measures to reduce the impact on residential uses within 300 feet of the proposed HLS.
   G.   Review of HLS Treatment Plan
      HLS treatment plans shall be submitted to the Planning and Development Services Department for review.
      1.   Pre-submittal conference. Prior to submitting an HLS treatment plan, an applicant may, but is not required to meet with staff responsible for administration of the HLS program. Comments supplied by staff during the conference are advisory and do not constitute approval of any proposed application.
      2.   Neighborhood meeting. A neighborhood meeting is encouraged for a proposed HLS relocation, or for a proposed construction of a HLS replica .
      3.   Initial review. Initial review of an HLS treatment plan or revised treatment plan will be for completeness, compliance with HLS designation guidelines, and compliance with applicable HLS performance requirements. No later than ten after submittal, the zoning administrator will issue a determination as to whether the request meets each of the HLS technical designation guidelines.
      4.   Where an applicant produces physical evidence or documentation sufficient to prove that a proposed HLS included intermittent lighting features (e.g. flashing, blinking, chasing or sequentially lit elements which create the appearance of movement) or moving parts, such elements may be repaired or restored conditioned upon a determination by Tucson Department of Transportation (TDOT) that no negative safety issues will result.
      5.   If the subject property is within a historic preservation (HPZ), the treatment plan shall be forwarded to the HPZ advisory board for review and recommendation prior to being forwarded to the Tucson-Pima County Historical Commission (T-PCHC) .
      6.   Review of the treatment plan shall include an analysis of applicable policies of the .
      7.   The treatment plan shall be forwarded to the T-PCHC for review of the treatment plan for compliance with HLS Cultural/ historic/design designation guidelines and applicable HLS performance requirements. Notice of the treatment plan and subcommittee meeting shall also be provided to the registered in which the proposed would be located; to property owners immediately to the proposed location; and to any who have submitted a written request to the to be notified of HLS applications.
      8.   The T-PCHC shall forward a recommended list of character defining features, including all character defining text, and a recommendation to approve or deny the treatment plan, to the Planning and Development Services Department.
      9.   Decision
         a.   Administrative: The planning and development services will prepare a written decision to approve or deny the treatment plan within ten of receiving the T-PCHC recommendation.
         b.   Legislative: An appeal from the Planning and Development Services Director's decision shall be conducted in accordance with Section 3.9.2, Mayor and Council Appeal Procedure. In granting approval, the mayor and council must find that preservation of the sign will contribute to Tucson's unique character, history, and identity.
   H.   Review of Permits for HLS
      All permits for the installation, /restoration, adaptive reuse, relocation, or replication of HLS shall be consistent with an approved HLS treatment plan.
   I.   Maintenance
      All maintenance activities relating to HLS shall be consistent with an approved HLS treatment plan.
   J.   Demolition
      Demolition of HLS shall be consistent with an approved treatment plan for relocation or subject to a maximum 30 day waiting period to facilitate salvage of the . The owner shall allow reasonable access to the to facilitate documentation and salvage activities.
(Ord. 11508, 12/5/2017; Am. Ord. 11803, 12/8/2020)
7A.11.   SPECIAL DISTRICTS
The   in historic, pedestrian and scenic corridor districts take precedence over the   listed above in Section 7A.10  Types and General . All the below referenced districts, and provisions are superseded when the sign is regulated by Section 7A.7  Design Options.
7A.11.1.   HISTORIC DISTRICT
   A.   Location
      Historic districts include property established as historic preservation pursuant to Section 5.8 Historic Preservation  and designated with the preface "H" which is added to the assigned residential, office, commercial, or industrial designation, i.e., R-1 becomes HR-1. For purposes of the  , historic districts are treated as specific mapped districts and are not treated as overlay . Note: historic preservation maps are located on the official City of Tucson's .
   B.   Regulation of Signs
      All signs located in a "H" Historic Preservation Zone are regulated under Section 5.8.9.M, Signs, and subject to review under 5.8.8, Design Review Required.
   C.   Maximum Area of Any
      Eight square feet in a residential ; 40 square feet in a commercial . The shall be appropriately sized, result in minimal damage to historic fabric, and avoid adverse effects on qualities that make a eligible for listing in the National Register of Historic Places.
   D.   Historic Advisory Board Approval
      All permit applications must be approved by the appropriate historic advisory board.
   E.   No may extend above the top of the nearest , eaves or firewall of a or .
   F.   Illumination
       within the historic may be illuminated by remote light sources that are shielded from properties.
   G.   Prohibited Features
      Visible bulbs, neon tubing, luminous paints, and plastics are prohibited, except as provided in Section 5.8.9 HPZ Design  and approved in accordance with Section 5.8.8 Design Review Required.
   H.   Permitted
      1.    generally permitted and types listed in Section 7A.10, except as modified by this subsection for this , and exempt under Section 7A.8 Exempt and Prohibited .
      2.    .
      3.    , and curbside.
      4.    , monument and low profile only.
         a.   Maximum number: One per .
         b.    that include or consist of a three-dimensional representation of a figure or object are prohibited.
      5.    .
         a.   May be permitted in this only after review and approval by the planning and development services , the applicable historic advisory board and the Tucson Pima County Historical Commission.
         b.   Use is subject to the provisions of Section 7A.10.3  Types and General .
      6.    .
         a.   Allowed use: Limited to commercial uses only.
         b.   Maximum height: 20 feet from grade (pedestrian surface) to top of or two feet below the , whichever is more restrictive.
         c.   Minimum : Eight feet between grade and bottom of .
         d.   Maximum projection from : Five feet.
      7.    .
      8.    .
      9.    , limited to properties zoned HO-2, HO-3, HNC, HC-1, HC-2, HC-3, HOCR-1 and HOCR-2.
      10.      (HLS), all types. The first HLS on a does not count toward the maximum total area.
(Am. Ord. 11803, 12/8/2020)
7A.11.2 .   PEDESTRIAN BUSINESS DISTRICT
   A.    Location
      The pedestrian business includes property as shown in Figure 1: Pedestrian Business Downtown; Figure 2: Pedestrian Business Fourth Avenue; Figure 3: Pedestrian Business Park Avenue; and Figure 4: Pedestrian Business Mercado.
Figure 1: Pedestrian Business Downtown
Figure 2: Pedestrian Business Fourth Avenue
Figure 3: Pedestrian Business Park Avenue
Figure 4: Pedestrian Business Mercado
   B.   Intent
       in the pedestrian business should provide clear and understandable identification for , businesses, and parking. on historic should be carefully designed and located to respect the visual integrity of the historic architecture, including scale, proportions, surface texture and decorative ornamentation.
   C.   Maximum Total Area
      Three square feet per foot of   .
   D.   Permitted Signs
      1.    generally permitted and types listed in Section 7A.10, except as modified by this subsection for this , and exempt under Section 7A.8 Exempt and Prohibited .
      2.    .
      3.    , and curbside.
      4.    , low profile and monument type only.
         a.   Maximum number: One per per   where a   is set back at least ten feet from a public , or one per   for a surface parking lot where parking is the primary use of the property.
         b.   Maximum area: 20 square feet per .
         c.   Parking lots: Where used to identify a commercial parking facility, each must display the standard Parking I.D. symbol.
         d.   Maximum height: 12 feet above grade.
      5.    .
      6.    .
         a.   Allowed for commercial uses only.
         b.   Maximum area: 20 square feet.
         c.   Maximum height: 20 feet from grade (pedestrian surface) to top of or two feet below the , whichever is more restrictive.
         d.   Minimum : Eight feet between grade and bottom of .
         e.   Maximum projection from : Five feet.
      7.    .
      8.    .
      9.    .
      10.    . Maximum size: 30% of the area of each .
      11.   Heritage landmark (HLS), all types. The first HLS on a does not count toward the maximum total area.
      12.    .
(Am. Ord. 11803, 12/8/2020)
7A.11.3.   SCENIC CORRIDOR ZONE (SCZ) DISTRICT
   A.   Location
      The scenic corridor (SCZ) includes any portion of property or within 400 feet, measured in any direction, of the of a , as designated on the map. If any portion of a is within the SCZ , the entire will be treated, for purposes only, as though it were entirely within the SCZ .
   B.   Maximum Total Area
      1.   For commercial or industrial uses: 1.25 square feet per foot of   with a minimum allowance of not less than 25 square feet and a maximum of 250 square feet per . must be oriented toward a , , , or the interior of the .
      2.   For multifamily complexes: 20 square feet per   .
   C.    Compliance
      All in this shall comply with applicable provisions of the and must be approved through the applicable review process.
   D.   Colors
      All shall use colors that are predominant within the surrounding landscape, such as desert and earth tones, as required in the scenic corridor provisions of the .
   E.   Permitted
      1.    generally permitted and types listed in Section 7A.10, except as modified by this subsection for this , and exempt under Section 7A.8 Exempt and Prohibited .
      2.    .
      3.    , monument and low profile only.
         a.   Maximum number per :
            (1)    : One for the first 450 feet of street . A second is permitted for a street from 451 feet to 850 feet. A third is permitted for a   from 851 feet to 1250 feet. This rule applies for each subsequent 400 feet of     .
            (2)    : One for the first 450 feet of   . A second is permitted for a   of 451 feet to 700 feet. A third is permitted for a   of 701 feet to 950 feet. This rule applies for each subsequent 250 feet of   .
            (3)    : One for the first 450 feet of   . A second is permitted for a   of 451 feet to 700 feet. A third is permitted for a   of 701 feet to 950 feet. This rule applies for each subsequent 250 feet of   .
         b.   Maximum area:
            (1)   Multifamily residential uses: 20 square feet per   .
            (2)   Commercial or industrial uses: 35 square feet per if located within the SCZ buffer, 50 square feet per if located outside the SCZ buffer.
         c.   Maximum height: Ten feet.
         d.   Location:
            (1)    : Maximum height shall be located no less than 7.5 feet behind the leading edge of the SCZ buffer and within 50 feet of the line. may be located one foot closer to the leading edge of the SCZ buffer for each foot (below the maximum) they are reduced in height.
            (2)   All other : Within 20 feet of the line and at least 150 feet from the of the .
         e.    that include or consist of a three-dimensional representation of a figure or object are prohibited.
         f.   Lighting: panels shall be . Light shall be emitted through individual translucent letters and/or symbols only, or individual letters and/or symbols may be halo illuminated. Unused panels shall be and designed to match the rest of the .
         g.   Within SCZ buffer copy and exposed neon are prohibited.
      4.    (medical uses).
         a.   Maximum area: Eight square feet.
         b.   Maximum height: Four feet to top of .
         c.   Permitted: Only if no on or .
      5.    .
      6.    .
         a.   Within the scenic corridor 30 foot landscape buffer the following shall apply:
            (1)   Minimum : Ten acres.
            (2)   Maximum area: Three square feet; identification or not to exceed one .
            (3)   Maximum number: One per vehicular entrance.
            (4)   Location: Within 20 feet of the entrance.
      7.    .
      8.    .
(Am. Ord. 11803, 12/8/2020)
7A.11.4.   PLANNED AREA DEVELOPMENT (PAD) DISTRICT
   A property owner within a PAD shall use the   of the upon which the PAD regulation is modeled or may submit a master program. are prohibited in a PAD .
(Ord. 11508, 12/5/2017)
7A.12.   APPEALS
All appeals shall be heard in accordance with Section 3.10 Board of Adjustment Appeals and Variances. The applicant may appeal a Board of Adjustment decision to the Mayor and Council per Section 3.9.2 Mayor and Council Appeals Procedure or to the Superior Court.
(Ord. 11508, 12/5/2017; Am. Ord. 11803, 12/8/2020)
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