Microsoft Word - 2007 Sign Code - 112007 - redline from 092607and 110907 _A?

TAG:  vehicle leasing 

Published Time: -

Filetype: pdf

Filesize: 1958547

N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 1 ADOPTED BY THE MAYOR AND COUNCIL __________________ ORDINANCE NO. __________ RELATING TO ADVERTISING AND OUTDOOR SIGNS, CHAPTER 3 OF THE TUCSON CODE, REPEALING CHAPTER 3 AND ADOPTING A NEW REVISED SIGN CODE INCLUDING AR-
TICLE I, INTRODUCTORY PROVISIONS; ARTICLE II, DEFINITIONS; ARTICLE III, PER-
MITS, FEES AND INSPECTIONS; ARTICLE IV, GENERAL REQUIREMENTS; ARTICLE V,
SIGNS BY DISTRICT; ARTICLE VI, EXEMPT SIGNS; ARTICLE VII, PROHIBITED SIGNS;
ARTICLE VIII, SIGN MAINTENANCE; ARTICLE IX, NONCONFORMING SIGNS; ARTICLE X,
VIOLATIONS; ENFORCEMENT; PENALTIES; ARTICLE XI, INDEMNIFICATION; ARTICLE
XII, SIGN CODE ADVISORY AND APPEALS BOARD; ARTICLE XIII, CITIZEN SIGN CODE
COMMITTEE; AND SETTING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF TUCSON, ARIZONA, AS FOLLOWS: SECTION 1. Chapter 3, Advertising and Outdoor Signs, of the Tucson Code is hereby re- pealed as to all new sign applications, interpretations and enforcement thereof, provided that Chapter 3, Advertising and Outdoor Signs, shall remain in full force and effect with respect to the prosecution or litigation of any violation of said code prior to the effective date of the Sign Code adopted herein and shall remain in full force and effect in the event the Sign Code as adopted herein is held by a final court decision to be invalid. SECTION 2. Chapter 3 of the Tucson Code is amended to be titled “Sign Code” and to read as follows: N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 2 Sign Code TABLE OF CONTENTS ARTICLE I. INTRODUCTORY PROVISIONS.............................................................................................. 1
Sec. 3-1. Short title. ............................................................................................................................................ 1 Sec. 3-2. Declaration of purpose and intent. ...................................................................................................... 1 Sec. 3-3. Interpretation and construction with Tucson Code by the Sign Code Administrator. ........................ 1 Sec. 3-4. Application and interpretation of district boundaries.......................................................................... 1 Sec. 3-5. Reference to other codes. .................................................................................................................... 2 Sec. 3-6. Application of prior code sections...................................................................................................... 2 Sec. 3-7. Severance of the provisions of this Sign Code.................................................................................... 2 Sec. 3-8. to 3-10. Reserved................................................................................................................................ 2 ARTICLE II. DEFINITIONS............................................................................................................................. 2
Sec. 3-11. Definitions. .......................................................................................................................................... 2
Sec. 3-12. to Sec. 15. Reserved. .................................................................................................................... 1110 ARTICLE III. PERMITS, FEES AND INSPECTIONS................................................................................ 11
Sec. 3-16. Permits required. ............................................................................................................................... 11
Sec. 3-17. Permission of property owner. .......................................................................................................... 11
Sec. 3-18. Application for permit. ...................................................................................................................... 11
Sec. 3-19. Issuance. ........................................................................................................................................ 1312 Sec. 3-20. Effect of issuance. ............................................................................................................................. 14
Sec. 3-21. Approval of standard plans................................................................................................................ 14
Sec. 3-22. Inspections......................................................................................................................................... 14
Sec. 3-23. Special inspector required. ............................................................................................................ 1615 Sec. 3-24. Fees.................................................................................................................................................... 16
Sec. 3-25. to Sec. 3-30. Reserved...................................................................................................................... 16
ARTICLE IV. GENERAL REQUIREMENTS ............................................................................................. 15
Sec. 3-31. Regulations established. .................................................................................................................... 16
Sec. 3-32. Sign area. ........................................................................................................................................... 16
Sec. 3-33. Grade. ................................................................................................................................................ 17
Sec. 3-34. Premises............................................................................................................................................. 17
Sec. 3-35. Maximum sign area. .......................................................................................................................... 17
Sec. 3-36. Setback. ............................................................................................................................................. 17
Sec. 3-37. Signs near residences..................................................................................................................... 1817 Sec. 3-38. Multiple frontage lots. ....................................................................................................................... 18
Sec. 3-39. Intersection corner sign. .................................................................................................................... 18
Sec. 3-40. Signs per street frontage. ................................................................................................................... 18
Sec. 3-41. Access regulated................................................................................................................................ 18
Sec. 3-42. Integrated architectural features. ....................................................................................................... 18
Sec. 3-43. Signs over public rights-of-way. ................................................................................................... 1918 Sec. 3-44. Illumination. ...................................................................................................................................... 20
Sec. 3-45. to 3-50. Reserved.............................................................................................................................. 20
ARTICLE V. SIGN TYPES AND GENERAL REGULATIONS................................................................. 20
Sec. 3-51. Generally permitted signs.................................................................................................................. 20
Sec. 3-52. Exempt signs. .................................................................................................................................... 24 N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 3 Sec. 3-53. Prohibited signs enumerated. ............................................................................................................ 24
Sec. 3-54. Signs creating traffic hazards. ........................................................................................................... 25
Sec. 3-55. Signs in public areas...................................................................................................................... 2625 Sec. 3-56. Awning signs. .......................................................................................................................... 2625 26 Sec. 3-57. Banners. ................................................................................................................................... 2625 26 Sec. 3-58. Billboards. ..................................................................................................................................... 2726 Sec. 3-59. Directory signs. ......................................................................................................................... 2827 28 Sec. 3-60. Freestanding signs. ............................................................................................................................ 28
Sec. 3-61. Freeway sign.................................................................................................................................. 3029 Sec. 3-62. Menu Boards. .................................................................................................................................... 30
Sec. 3-63. Parking signs. .................................................................................................................................... 30
Sec. 3-64. Portable (A-frame) signs. .............................................................................................................. 3130 Sec. 3-65. Real Estate signs........................................................................................................................ 3333 32 Sec. 3-66. Special event signs. ....................................................................................................................... 3635 Sec. 3-67. Temporary signs. ............................................................................................................................... 36
Sec. 3-68. Traffic Directional Signs. .......................................................................................................... 3737 36 Sec. 3-69. Wall signs. ......................................................................................................................................... 37
Sec. 3-70. Reserved. ....................................................................................................................................... 3837 ARTICLE VI. SIGNS BY DISTRICT ............................................................................................................ 34
Sec. 3-71. Sign Districts. ................................................................................................................................ 3837 Part 1 Residential ....................................................................................................................................... 35 Sec. 3-72. Single Family Residential District. ............................................................................................... 3837 Sec. 3-73. Multiple Family Residential District......................................................................................... 3939 38 Sec. 3-74. Park District............................................................................................................................... 4040 39 Part 2 Nonresidential ................................................................................................................................. 38 Sec. 3-75. O-1 Zone District....................................................................................................................... 4241 40 Sec. 3-76. General Business District. ......................................................................................................... 4342 41 Sec. 3-77. Planned Area Development (PAD) District. ............................................................................. 4544 43 Sec. 3-78. Medical-Business-Industrial Park District. ............................................................................... 4746 45 Sec. 3-79. Industrial District....................................................................................................................... 4847 46 Part 3 Special Districts .............................................................................................................................. 45 Sec. 3-80. Historic District ......................................................................................................................... 4948 47 Sec. 3-81. Pedestrian Business District. ..................................................................................................... 5655 54 Sec. 3-82. Scenic Corridor Zone (SCZ) District. ....................................................................................... 6160 59 Sec. 3-83. Reserved. ................................................................................................................................... 6463 62 Sec. 3-84. Reserved. ................................................................................................................................... 6463 62 Sec. 3-85. Reserved. ................................................................................................................................... 6463 62 Sec. 3-86. Reserved. ................................................................................................................................... 6463 62 Sec. 3-87. Reserved. ................................................................................................................................... 6463 62 Sec. 3-88. Reserved. ................................................................................................................................... 6463 62 Sec. 3-89. Reserved. ................................................................................................................................... 6563 62 Sec. 3-90. Reserved. ................................................................................................................................... 6563 62 ARTICLE VII. SIGN MAINTENANCE ........................................................................................................ 60
Sec. 3-91. Maintenance. ............................................................................................................................. 6563 62 Sec. 3-92. Dangerous or defective signs. ................................................................................................... 6564 63 Sec. 3-93. Removal of dangerous or defective signs.................................................................................. 6564 63 Sec. 3-94. Reserved. ................................................................................................................................... 6564 63 N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 4 Sec. 3-95. Reserved. ................................................................................................................................... 6564 63 ARTICLE VIII. NONCONFORMING SIGNS ............................................................................................. 61
Sec. 3-96. Signs for legal nonconforming uses. ......................................................................................... 6564 63 Sec. 3-97. Reserved. ................................................................................................................................... 6867 65 Sec. 3-98. Reserved. ................................................................................................................................... 6968 66 Sec. 3-99. Reserved. ................................................................................................................................... 6968 66 Sec. 3-100. Reserved. ................................................................................................................................... 6968 66 ARTICLE IX. VIOLATIONS; ENFORCEMENT; PENALTIES .............................................................. 63
Sec. 3-101. Violation a public nuisance. ...................................................................................................... 6968 66 Sec. 3-102. Violation declared a civil infraction.......................................................................................... 6968 67 Sec. 3-103. Abandoned and discontinued signs; obsolete sign copy. .......................................................... 6968 67 Sec. 3-104. Prohibited signs. ........................................................................................................................ 7069 67 Sec. 3-105. Illegal signs................................................................................................................................ 7069 67 Sec. 3-106. Removal of abandoned, prohibited and illegal signs by Sign Code Administrator. ................. 7069 68 Sec. 3-107. Administrative review. .............................................................................................................. 7170 68 Sec. 3-108. Appeals...................................................................................................................................... 7170 69 Sec. 3-109. Penalty. ...................................................................................................................................... 7170 69 Sec. 3-110. Abatement by the City after court order.................................................................................... 7170 69 Sec. 3-111. Appeal. ...................................................................................................................................... 7271 69 Sec. 3-112. Reserved. ................................................................................................................................... 7271 70 Sec. 3-113. Reserved. ................................................................................................................................... 7271 70 Sec. 3-114. Reserved. ................................................................................................................................... 7271 70 Sec. 3-115. Reserved. ................................................................................................................................... 7271 70 ARTICLE X. INDEMNIFICATION .............................................................................................................. 67
Sec. 3-116. Indemnification of City. ............................................................................................................ 7271 70 Sec. 3-117. Liability insurance required....................................................................................................... 7271 70 Sec. 3-118. Reserved. ................................................................................................................................... 7271 70 Sec. 3-119. Reserved. ................................................................................................................................... 7271 70 Sec. 3-120. Reserved. ................................................................................................................................... 7271 70 ARTICLE XI. SIGN CODE ADVISORY AND APPEALS BOARD .......................................................... 67
Sec. 3-121. Intent, purpose and establishment thereof................................................................................. 7372 70 Sec. 3-122. Membership, term, removal from office. .................................................................................. 7372 70 Sec. 3-123. Election of officers, meetings rules and regulations, records.................................................... 7372 71 Sec. 3-124. Quorum...................................................................................................................................... 7372 71 Sec. 3-125. Powers, duties and responsibilities............................................................................................ 7372 71 Sec. 3-126. Findings required in granting variances. ................................................................................... 7473 71 Sec. 3-127. Powers denied the Board........................................................................................................... 7473 72 Sec. 3-128. Application to the Board. .......................................................................................................... 7574 72 Sec. 3-129. Appeals stay proceeding............................................................................................................ 7574 73 Sec. 3-130. Time for hearings; notice. ......................................................................................................... 7574 73 Sec. 3-131. Fees and enforcement................................................................................................................ 7574 73 Sec. 3-132. Appeal from Board.................................................................................................................... 7675 74 Sec. 3-133. Appeals...................................................................................................................................... 7675 74 Sec. 3-134. Reserved. ................................................................................................................................... 7675 74 Sec. 3-135. Reserved. ................................................................................................................................... 7675 74 Sec. 3-136. Reserved. ................................................................................................................................... 7675 74 Sec. 3-137. Reserved. ................................................................................................................................... 7776 74 N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 5 Sec. 3-138. Reserved. ................................................................................................................................... 7776 74 Sec. 3-139. Reserved. ................................................................................................................................... 7776 74 Sec. 3-140. Reserved. ................................................................................................................................... 7776 74 ARTICLE XII. CITIZEN SIGN CODE COMMITTEE .............................................................................. 71
Sec. 3-141. Creation. .................................................................................................................................... 7776 74 Sec. 3-142. Authority. .................................................................................................................................. 7776 75 Sec. 3-143. Composition. ............................................................................................................................. 7877 75 Sec. 3-144. Appointment and terms. ............................................................................................................ 7877 75 Sec. 3-145. Vacancies................................................................................................................................... 7877 76 Sec. 3-146. Meetings. ................................................................................................................................... 7877 76 Sec. 3-147. Removal..................................................................................................................................... 7877 76 Sec. 3-148. Administrative procedures. ....................................................................................................... 7978 76 N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 1 ARTICLE I. INTRODUCTORY PROVISIONS Sec. 3-1. Short title. This chapter shall be known and cited as “Tucson Sign Code” or “Sign Code.” Sec. 3-2. Declaration of purpose and intent. A. The purpose of this Sign Code is to regulate outdoor advertising, outdoor advertising signs and outdoor signs of all types and to provide fair and comprehensive regulations that will foster a good
visual environment for Tucson, enhancing the fragile desert in which we live and creating an aesthetic
and enjoyable appearance for our visitors and our residents, while recognizing the legitimate adver-
tising and signage needs of the community. B. The Mayor and Council declare that the regulation of signs within the City of Tucson is neces- sary and in the public interest (a) to safeguard and enhance property values within the City of Tucson;
(b) to preserve the beauty and unique character of the City of Tucson; (c) to promote and aid in the
tourist industry, which is an important part of the economy of the City of Tucson; (d) to protect the
general public from damage and injury that may be caused by the faulty and uncontrolled construc-
tion of signs within the City of Tucson; and (e) to promote the public safety, welfare, convenience and
enjoyment of travel and the free flow of traffic within the City of Tucson. C. Any sign authorized by this Sign Code is permitted to contain noncommercial copy in lieu of any other copy. D. The City of Tucson shall follow its own Sign Code in all cases, except where a deviation from the Sign Code is necessary to protect or promote public health, welfare or safety. Sec. 3-3. Interpretation and construction with Tucson Code by the Sign Code Administrator. The Sign Code Administrator or designee shall interpret and apply this Sign Code in conformance with Sec. 23A-31 of the Development Compliance Code. Where there is a conflict between provi-
sions of the Sign Code and other provisions of the Tucson Code, the more restrictive provisions shall
prevail. The Sign Code Administrator shall be the zoning administrator as defined by A.R.S. § 9-
462.05 (C) for the purpose of enforcement of this Sign Code. The Zoning Administrator shall remain
the official responsible for interpretation and enforcement of all land use and zoning matters under the
Land Use Code. Sec. 3-4. Application and interpretation of district boundaries. Sign districts are determined by the underlying zoning and use or by adopted maps. The Single Family Residential District and the Multiple Family Residential District are based upon residential
zoning or, where permitted by less restrictive zoning, an approved site plan, development plan or plat
that provides for a single or multi-family use as the principal use. Where a residential use is in less
restrictive zoning, the establishment of a more intensive use by redevelopment in conformance with
an approved site plan, development plan or plat shall re-designate the property to the applicable sign
district. The O-1 District, the Historic District and the Planned Area Development District are coex- N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 2 tensive with those respective zones. The Pedestrian Business District is a specifically mapped dis-
trict that supersedes the underlying zoning classifications for purpose of determining the sign regula-
tions. The Scenic Corridor Zone District is determined based upon the mapped Scenic Corridors.
The Medical-Business-Industrial Park District includes the specific uses defined in that district. The
General Business District includes property generally zoned for office, commercial and mixed uses
which is not subject to a more restrictive sign district. The Industrial District includes property zoned
for industrial uses which are not subject to a more restrictive sign district. The Park District includes
public parks regardless of the underlying zoning. The effectuation of a change of zoning for a property will also effectuate a change in the sign district to the extent the zoning determines the sign district. Interpretation of the applicable sign district shall be made by the Sign Code Administrator but inter- pretation of the land use classification for the applicable zoning shall be made by the Zoning Admin-
istrator. Sec. 3-5. Reference to other codes. All references made in this Sign Code to building codes, technical codes, or other Tucson Code provisions refer to the most recent edition of the Code, and amendments thereto, adopted by the City
of Tucson. Sec. 3-6. Application of prior code sections. Chapter 3 of the Tucson Code as adopted and amended prior to the adoption of this Sign Code is repealed except that the same is continued in full force and effect as necessary to the final determi-
nation and disposition of the prosecution or litigation of any claim or complaint that has been made or
may be made in the future alleging a violation of any prior provision of Chapter 3 based upon acts oc-
curring prior to the repeal of any such provision. Sec. 3-7. Severance of the provisions of this Sign Code. Any provision of this Sign Code that imposes a limitation on freedom of speech shall be construed in a manner that is viewpoint neutral and treats expressive speech either the same as or less restric-
tive than commercial speech. Any provision of this Sign Code that is found to be an unconstitutional
limitation on freedom of speech by any court shall be severed from this Sign Code in a manner that
preserves code and protects freedom of speech. Sec. 3-8. to 3-10. Reserved. ARTICLE II. DEFINITIONS Sec. 3-11. Definitions. The terms used in this Sign Code shall have the following meanings, unless the context otherwise requires: A. A-frame sign. A type of portable sign. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 3 B. Abandoned. A sign structure that has ceased to be used to display or support a sign and re- garding which the owner has manifested an intention to permanently cease the use of the sign struc-
ture. C. Alter. To change, modify or vary an existing sign structure without constructing a totally new sign structure. D. Area of a sign. See Sec. 3-32. E. Arterial street. A roadway designated as an arterial street in the Major Streets and Routes Plan. F. Attached sign. Any sign that is fastened, connected or supported in whole or in part by a build- ing or structure other than a sign structure that is supported wholly by the ground. Attached signs
may include awning signs; banners (building and curbside); electronic message centers; incidental
signs; menu boards; parking signs; projecting signs; real estate for sale or lease signs; time, tem-
perature and weather displays; wall signs and window signs. G. Awning sign. A sign constructed of cloth, plastic or metal and permanently af- fixed to a structure and intended to provide shade. H. Banners, across the street. See Sec. 3-43. I. Banners, building and curbside. A piece of fabric permanently attached by one or more edges to a pole, rod or cord. J. Billboard. An off-site sign relating to a business , activity, use or service conducted off the site or to a product not sold on the site. K. Change of copy. Where the message or design of an existing sign face is modified or changed, but the size, shape, framework or structure of the sign is not modified or changed. Billboards, mar-
quees, electronic message boards, menu boards and approved changeable copy signs are not sub-
ject to this definition. L. Charitable organization. A charitable or civic entity not organized for profit but operated solely for the promotion of social welfare, the net earnings of which are devoted exclusively to charitable
purposes and do not inure to the benefit of any private shareholder, individual or corporation. M. Clearance. The distance between grade and the bottom edge of a sign. N. Collector street. A roadway designated as a collector street in the Major Streets and Routes Plan. O. Detached sign. Any sign not supported in whole or in part by a building or structure other than a sign structure that is supported wholly by the ground. Detached signs may include billboards; direc-
tory signs; electronic message centers; emergency site locators; freestanding signs (monument type,
low profile type, and freestanding pole type); freeway signs; menu boards; parking signs; real estate
signs (announcement, construction, development, directional, project identity, sale or lease, rental N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 4 development signs and subdivision and rental development signs); time, temperature and weather signs; traffic directional signs and medical services directional signs. P. Directory sign. An on-site sign that lists the tenants and/or occupants and directs the public to the tenants’ and/or occupants’ locations. Q. Discontinued. A sign or sign structure is discontinued where it is not used for a consecutive pe- riod of six months or more, and where the period of non-use is attributable in whole or in part to the
owner of the sign or premises, regardless of whether the owner intends to abandon the sign. R. District. A geographic area exhibiting similar uses and character, as identified in Article VI of this Sign Code. S.District park. Property containing a public park or parks of at least 15 but not more than 100 acres serving several neighborhoods with a variety of active and passive activities. T.S. Electronic message center. An electronic or electronically controlled message board, where scrolling or moving copy changes are shown on the same message board, or any sign that changes
the text of its copy electronically or by electronic control. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 5 U.T. Emergency site locator. Consists of signs and markers required for direction of emergency vehicles in multiple tenant and multiple building complexes. V.U. Façade. The side or face of a building. W.V. Freestanding sign. An on-site sign or three-dimensional representation of a figure or object, not attached to any building, supported by uprights or braces or some other approved support that is
capable of withstanding the stress from weight and wind load. Includes the following sign types: 1. Monument type freestanding sign: A sign that has been provided with a base of some type (a
pole cover or architectural embellishment) or stands alone on its own foundation. 2. Low profile freestanding sign: A sign that has been provided with a minimum continuous pre-
pared base or support, at least two feet in height, that extends in a continuous base to the outside
dimension of the sign. To encourage design flexibility, the maximum height of the sign may be
lowered in order to decrease the required setback from the street. 3. Freestanding pole sign: A sign that stands alone on its own foundation and must be provided
with a pole cover or architectural embellishment. The sign may be higher than the other types of N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 6 freestanding signs, must be setback further from the street, and is permitted only for larger prem-
ises or developments. X.W. Freeway. A roadway designated as a freeway in the Major Streets and Routes Plan. Y.X. Freeway sign. A detached on-site sign directing attention to a business, commodity, service or entertainment conducted, sold or offered upon the same premises as those upon which the sign is
located as provided in Sec. 3-61. Z.Y. Gateway route. A roadway designated as a gateway route in the Major Streets and Routes Plan. AA.Z. Grade. The point of elevation determined in accordance with Sec. 3-33. BB.AA. Height of sign. The vertical distance measured from the grade to the highest point of the sign. CC.BB. Incidental sign. A small noncommercial sign, emblem or decal informing the public of fa- cilities, services or prohibitions relating to the premises. DD.CC. Local street. A roadway that is not otherwise designated in the Major Streets and Routes Plan. EE.DD. Logo. A graphic symbol or insignia that serves to identify a business, building or complex. FF.EE. Lot. A parcel of land shown on maps maintained by the Pima County Assessor’s Office. GG.FF. Major Streets and Routes Plan. The current plan and map adopted by Mayor and Council pursuant to Land Use Code Section 2.8.3.3 to implement the circulation element of the Tucson Gen-
eral Plan. The Major Streets and Routes Plan and map identify the functional classification of City
streets, right-of-way widths and development policies for the City’s road system. HH.GG. Mall. A shopping center anchored by two or more department stores with various specialty stores, totaling 500,000 square feet or more of gross building area. II.HH. Medical services directional sign. An off-site sign giving direction to and identifying a medical activity, use or service located within 2,000 feet of a scenic route. Copy limited to business name and
address and directional arrow. JJ.II. Menu board. A permanently mounted structure displaying the bill of fare of a drive-in or drive-through restaurant. KK.JJ. Mural. A noncommercial picture, not advertising a product or service that is sold on the premises, painted on or attached to the exterior walls. LL.Neighborhood park. Property containing a park of 1 to 14 acres serving the nearby pedestrian- oriented population. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 7 MM.KK. Nonconforming sign. A sign lawfully erected or altered in conformance with applicable regulations, including a sign lawfully existing in the county at the time of annexation, that no longer
complies with this Sign Code due to amendments to this Sign Code adopted subsequent to the ap-
proved permit for the sign or the annexation. NN.LL. Obsolete sign copy. Any sign copy that no longer correctly identifies or directs attention to an existing use or product available on the premises. OO.MM. Occupancy. The purpose for which a building or part thereof is used or intended to be used. PP.NN. Off-site sign. A sign not located on the premises of the use identified or advertised by the sign. QQ.OO. On-site sign. A sign located on the same premises as the use identified or advertised by the sign. RR.PP. Parapet. The portion of a wall that extends above the roofline. SS.QQ. Parcel. A division of land as shown on the maps maintained by the Pima County Assessor. TT.RR. Parking sign. A wall or freestanding sign used to identify a commercial parking facility. UU.SS. Person. Any natural person, as well as any firm, partnership, association, corporation, company or organization of any kind. VV.TT. Pictograph. A graphic, symbolic representation of a commonly recognized idea or item, excluding words or phrases. Example: a picture of a camera used to identify a photographic supply
store. WW.UU. Pole cover. A cover that encloses or decorates a pole or other structural sign support. XX.VV. Political election sign. A sign not permanently installed in the ground or attached to a building relating to the election of a person to a public office, or to a political party, or to a matter to be
voted upon at an election called by a public body. Does not include political headquarters signage. YY.WW. Portable sign. An on-site non-illuminated sign, including but not limited to A-frame signs, temporarily authorized for 1 year and used to advertise the location, goods or services offered on the
premises. ZZ.XX. Premises. The land area determined in accordance with Sec. 3-34. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 8 AAA.YY. Projecting sign. A sign, other than a wall sign, attached to a building or other structure and extending in whole or in part more than 12 inches beyond the surface of the portion of the build-
ing to which it is attached, beyond the building, or over the public right-of-way. BBB.ZZ. Property. An area consisting of one or more parcels or portions of parcels that share the same zoning classification or permitted and legally nonconforming land uses. CCC.AAA. Public use. Any land or building held, used, or controlled exclusively for public pur- poses by any department or branch of government, state, county or municipality, without reference to
the ownership of the building or of the realty upon which it is situated. DDD.BBB. Real estate development. A development containing four or more residential or com- mercial units for sale. EEE.CCC. Real estate sign. Any one of the following sign types: 1. Real estate announcement sign. An on-site sign identifying a proposed development or proj-
ect. The sign must identify the project and may include leasing information such as a contact per-
son, type of occupancy, opening date, or special features concerning the proposed development. 2. Real estate construction sign. An on-site sign identifying the name or names of contractors,
subcontractors, architects, engineers, material suppliers, and lending institutions responsible for
construction, reconstruction or demolition of the project where the sign is located, and the name of
the development. This type of sign may be a standard sign type, or it may also be a banner con-
structed of cloth, canvas, light fabric, cardboard, wallboard or other light material and affixed to the
chainlink fence or installed in the ground between posts. 3. Real estate development sign. An off-site directional sign placed at a location other than on
the premises of a subdivision or real estate development and intended to direct prospects to the
real estate development or subdivision having lots, houses, townhouses or condominiums for
sale. 4. Real estate directional sign. An off-site sign that is intended to direct prospects to the unit
(non-subdivision) for sale. 5. Real estate for sale or lease sign. An on-site wall or freestanding sign placed upon a property
advertising that property for sale, rent or lease. 6. Real estate property project identity entrance sign. An on-site sign displaying the name of the subdivision or development at the major street entrances to the subdivision or development. 7. Real estate rental development sign. An off-site sign placed at a location other than the
premises of a new rental or for lease project offering housing for lease or rent. 8. Real estate subdivision sign. An on-site sign advertising a subdivision as having lots, town-
houses, houses or condominiums for sale. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 9 FFF.Regional park. Property containing a public park or parks of at least fifteen (15) acres serving a region of or the entire community with structured and unstructured activities or passive recreation. GGG.DDD. Repair. To mend, renovate or restore a sign structure to its original existing condition. HHH.EEE. Scenic route. A roadway designated as a scenic route in the Major Streets and Routes Plan. III.FFF. School. Any public, parochial or private school for teaching accredited courses of instruc- tion as approved by the Arizona Department of Education. JJJ.GGG. Sign. Every advertising message, announcement, declaration, display, illustration, insig- nia, surface or space erected or maintained in a location outside any building and visible to the public
for identification, advertising or promotion of the interest of any person, entity, product or service.
Signs attached to the interior wall of a shopping mall for identification, advertisement or promotion of
the interest of any person, entity, product or service are required to obtain a sign permit to ensure
compliance with applicable building, fire, electrical and technical codes but are not otherwise subject
to this Sign Code. Signs within individual mall stores or inside individual business establishments are
excluded from this definition. KKK.HHH. Sign Code Administrator. The person designated and authorized to enforce and ad- minister the provisions of this Sign Code, or that person’s authorized representative or designee. The
Sign Code Administrator is the zoning administrator as described in A.R.S. §9-462 for the purpose of
interpreting this code. LLL.III. Site. The land area consisting of a lot or contiguous lots, not including dedicated public property, designated for development as a single entity through an approved site plan, plat or devel-
opment plan. MMM.JJJ. Street frontage. The length of a lot or development fronting on a public or private street. NNN.KKK. Subdivision. Improved or unimproved land or lands divided for the purpose of financ- ing, sale or lease, whether immediate or future, into 4 or more lots, tracts or parcels of land, or, if a
new street is involved, any such property that is divided into 2 or more lots, tracts or parcels of land,
or, if any such property, the boundaries of which have been fixed by a recorded plat, that is divided
into more than 2 parts. “Subdivision” also includes any condominium, cooperative, community
apartment, townhouse, or similar project containing 4 or more parcels, in which an undivided interest
in the land is coupled with the right of exclusive occupancy of any unit located thereon. OOO.LLL. Temporary sign. Any sign constructed of cloth, canvas, light fabric, cardboard, wall- board, plastic or other light material and not rigidly and permanently installed in the ground or at- N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 10 tached to a building. Political election signs are not included in this definition. The definition includes
but is not limited to the following sign types: 1. Grand opening, sales and civic events banner. Temporary on-site banner advertising the
grand opening, reopening, new management, sales event or civic event at a specific location. 2. Banner used as temporary signage. Temporary on-site banner used to advertise events last-
ing for a limited time. This type of banner may also be used to temporarily advertise a business
location while permanent signage is being constructed, or during a change of business name, ex-
terior remodeling of tenant space or entire center, or periods of road construction. PPP.MMM. Tenant. The occupant of a portion of a site or structure with exclusive control over that portion, regardless of whether it is by individual ownership or lease. QQQ.NNN. Time, temperature and weather display. A sign that displays the current time, tem- perature or current or forecast weather conditions. RRR.OOO. Total allowable sign area. The length of a site fronting on a public or private street mul- tiplied by the allowable sign area in each district or as outlined in each district. The total allowable
sign area for a site in each district can never be exceeded regardless of the number of lots or tenants
in a development. SSS.PPP. Traffic directional sign. An on-site sign directing the reader to the location or direction of any place or area. TTT.QQQ. Unoccupied. A premises or structure: 1. That is not occupied, or 2. That is not being put to those uses authorized by the last business privilege license issued by
the City of Tucson for that address and business, or 3. Where the public utilities are not in service. UUU.RRR. Vacant. A premises or structure: 1. From which the fixtures utilized in conjunction with the business activities as authorized by the
last business privilege license for that address issued by the City of Tucson have been removed,
or 2. Where the public utilities are not in service. VVV.SSS. Vehicle signs. Signs mounted upon, painted upon or otherwise erected on or affixed to trucks, cars, boats, trailers and other motorized vehicles or equipment. WWW.TTT. Wall. An exterior building surface 30 degrees or less from vertical including, interior and exterior window and door surfaces. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 11 XXX.UUU. Wall sign. Any sign that is fastened, attached, connected or supported in whole or in part by a building or structure, other than a sign structure supported wholly by the ground, with the
exposed face of the sign in a plane parallel to the plane of the wall. YYY.VVV. Window sign. Any sign affixed to the interior or exterior window surface. Sec. 3-12. to Sec. 15. Reserved. ARTICLE III. PERMITS, FEES AND INSPECTIONS Sec. 3-16. Permits required. A. It shall be a civil infraction for any person to erect, reinstall, alter, change the copy of, repair or relocate a sign within the City limits, or cause the same to be done, without first obtaining a permit or
permits from the Development Services Department, as required by this Sign Code. B. It shall be a civil infraction for any person to use, maintain, or otherwise allow the continued ex- istence of any sign for which the required permit was not obtained, and each day such violation shall
continue shall constitute a separate offense. C. A permit shall be issued to the owner of the property or the agent for the owner. When a con- tractor is required to be licensed by the State of Arizona, the permit shall only be issued to a licensed
contractor. D. Compliance with technical codes. In addition to compliance with this Sign Code, all signs shall comply with the appropriate detailed provisions of the adopted building code for the City of Tucson
and all adopted technical codes relating to design, structural members, and connections, the applica-
ble provisions of the Electrical and Fire Codes of the City of Tucson and the additional construction
standards set forth in this jurisdiction. Sec. 3-17. Permission of property owner. No person shall erect, construct, or maintain any sign upon any property or building without the consent of the owner, person entitled to possession of the property or building, if any, or their author-
ized representative. Sec. 3-18. Application for permit. A. To obtain a permit, the applicant shall first file an application therefore in writing on a form fur- nished by the Development Services Department for that purpose. Every such application shall con-
tain the following information: 1. Street address where the sign is to be installed; 2. Name and address of the applicant and name(s) and address(es) of the owner(s) of the sign, if
the applicant is not the owner; 3. Name, address and telephone number of sign and electrical contractor, if any; N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 12 4. Correct zoning of property; 5. Identification and description of the work to be covered by the permit for which application is
made; 6. Message to be contained on the proposed sign; 7. Valuation of the proposed work; 8. Signature of the permittee or his authorized agent; and 9. Name of business for which sign is being applied. B. Plans and specifications. Scaled plans, diagrams and other material shall be submitted in dupli- cate with each application for a permit and contain the following information: 1. Drawing of sign indicating the sign message or copy; 2. Elevation plan of the building showing the proposed sign on the building; 3. Site plan indicating street frontage, property lines, sight visibility triangles, proposed and exist-
ing rights-of-way, location of sign on property and relationship of proposed sign to ingress and
egress points; 4. Construction details of the sign; method of attachment (details), including number, size and
type of anchors being used; weight of sign or components; and character of structural members to
which attachment is to be made; 5. For illuminated signs, complete electrical data, including type of illumination, number of fix-
tures, operating voltage, number of circuits, total line load, and location of electrical disconnect(s);
and 6. Certificate of insurance must be on file with the Development Services Department. C. Engineered plans and specifications. The following signs shall require engineered plans and calculations sealed by an engineer and/or architect registered in the State of Arizona: 1. Detached or freeway signs when the area of the sign or the aggregate area of all signs on the
sign structure, including the pylon and/or pole cover, exceeds 60 square feet. 2. Wall signs in excess of 100 square feet in area or any signs attached to a building in excess of
30 feet from grade to the bottom of the sign, or as required by the plans examiner, except: a. Non-illuminated individual characters or individual graphics fabricated from lightweight ma-
terial. b. Any signs painted directly upon the wall of a building. 3. All billboards. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 13 Sec. 3-19. Issuance. A. Review and approval. The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the Development Services Department. Such plans
may be reviewed by other departments of the City to verify compliance with any applicable laws un-
der their jurisdiction. If the Development Services Department finds that the work described in an ap-
plication for a permit and the plans, specifications and other data filed therewith conform to the re-
quirements of this Sign Code and other pertinent laws and ordinances, and that the fees specified in
Development Standard 1-05.7.0 have been paid, a permit shall be issued to the applicant. When the
Development Services Department issues the permit where plans are required, the plans and specifi-
cations shall be endorsed in writing or stamped “APPROVED.” Such approved plans and specifica-
tions shall not be changed, modified or altered without authorization from the Development Services
Department, and all work shall be done in accordance with the approved plans. B. Retention of plans. One set of approved plans and specifications shall be returned to the appli- cant and shall be kept on the job site at all times during which the work authorized thereby is in prog-
ress. One set of approved plans, specifications and computations shall be retained by the Develop-
ment Services Department. C. Validity of permit. The issuance of a permit or approval of plans, specifications and computa- tions shall not be construed to be a permit for, or an approval of, any violation of any of the provisions
of this Sign Code or of any other ordinance of this jurisdiction. No permit presuming to give authority
to violate or cancel the provisions of these Codes shall be valid. D. Expiration. 1. Every permit issued by the Development Services Department under the provisions of this
Sign Code shall expire by limitation and become null and void if the work authorized by such per-
mit is not commenced within 180 days from the date of such permit, or if the work authorized by
such permit is suspended or abandoned for a period of 180 days from the date of such permit, or
if the work authorized by such permit is suspended or abandoned for a period of 180 days or more
at any time after the work is commenced as evidenced by successive approved inspections. Be-
fore such work may be resumed, a new permit shall first be obtained, and the fee shall be one-half
the amount required for a new permit for such work, provided no changes have been made or will
be made in the original plans and specifications of such work, and that suspension or abandon-
ment has not exceeded one year. Where a permit has expired for more than one year, a new
permit must be obtained at full fee. 2. Any permittee holding an unexpired permit may apply for an extension of time within which to
commence work under that permit when the permittee is unable to commence work within the
time required by this section for good and satisfactory reasons. The Sign Code Administrator may
extend the time for action by the permittee for a period not exceeding 180 days upon written re-
quest by the permittee showing that circumstances beyond the control of the permittee have pre-
vented action from being taken. No permit shall be extended more than once. Prior to extending
the permit, the Sign Code Administrator may require the plans to be re-examined and/or on-site
inspections to be made, the cost of which will be paid by the applicant requesting the extension of
the permit. The Development Services Department Director may condition an extension of a per- N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 14 mit on compliance with any amendments to this Sign Code adopted after issuance of the initial
permit. E. Suspension or revocation. The Development Services Department may, in writing, suspend or revoke a permit under the provisions of the Tucson Code whenever the permit is issued in error or on
the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the
provisions of the Tucson Code. Sec. 3-20. Effect of issuance. No permit issued for a sign shall be deemed to constitute permission or authorization to maintain a public or private nuisance, nor shall any permit issued constitute a defense in an action to abate a
nuisance. Sec. 3-21. Approval of standard plans. A fabricator may submit plans for a sign to the Sign Code Administrator for approval and file as a standard. Thereafter, permits may be obtained for such signs without filing detailed structural plans.
Such signs shall be given a standard number by the fabricator, and the standard number shall be
shown on each permit application. Standard engineering (such as that currently used by members of
the Arizona Sign Association) may be submitted to the Sign Code Administrator for approval and filed
as a standard. If such standards are submitted and approved for use by more than one contractor, a
list of all contractors authorized to use that standard must be submitted to the Sign Code Administra-
tor by the originator(s) of that standard. Sec. 3-22. Inspections. A. General. 1. All signs for which a permit is required shall be subject to inspection, and certain types of con-
struction shall have continuous inspection by special inspectors as required by Sec. 3-23. 2. A survey of the lot may be required by the Sign Code Administrator to verify that the structure
is located in accordance with approved plans. It shall be the duty of the permit applicant to cause
the work to be accessible and exposed for inspection purposes. The City shall not be liable for
expense entailed in the removal or replacement of any material required to allow inspection. B. Inspection requests. It shall be the duty of the person doing the work authorized by a permit to notify the Development Services Department that such work is ready for inspection. The Sign Code
Administrator or Chief Building Official may require that every request for inspection be filed at least
one working day before such inspection is desired. Such request must be through the inspection re-
quest line. C. Approval required. No work shall be done on any part of the structure beyond the point indi- cated in each successive inspection without first obtaining the approval of the Sign Code Administra-
tor. Such approval shall be given only after an inspection shall have been made of each successive
step in the construction as indicated by each of the inspections required in subsection D, below. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 15 D. Required inspections. 1. A site review inspection is required on all permit applications, except for portable signs and for
temporary signs for which a sign permit is required. 2. At the time of the required site inspection, the inspector will verify that the site complies with
the information contained in the sign permit application. The inspector will inform the applicant of
any discrepancy or violations found on the site. The requested permit shall not be issued until the
site is brought into compliance with this Sign Code or plans are modified to conform to the site. At
the time of the required site review, billboard sites must be staked indicating property lines, re-
quired zoning setback, type and size of billboard, and where the leading edge of the billboard will
be. Site address must be on billboard. See Sec. 3-16(D) for additional construction specifica-
tions. Failure of City staff to perform any of the duties in this section shall not be a basis for vali-
dating any violation of any code. 3. Footing inspections are required on all detached signs. 4. The Development Services Department, upon notification from the permit holder or his agent,
shall make the required inspections and shall either approve that portion of the construction as
completed or shall notify the permit holder or his agent wherein the same fails to comply with this
Sign Code. E. Re-inspections. 1. A re-inspection fee may be assessed for each inspection or re-inspection when such portion of
work for which inspection is called is not complete or when corrections called for are not made. A
re-inspection fee may be assessed when the permit card is not properly posted on the work , site, when the approved plans are not readily available to the inspector, for failure to provide access on
the date for which inspection is requested, or for deviating from plans requiring the approval of the
Sign Code Administrator. This fee must be paid prior to the acceptance of any further re-
inspection requests by the Development Services Department and is in addition to any fee due for
a subsequent re-inspection. 2. The re-inspection fee shall be charged for the third and subsequent inspections. 3. To obtain a re-inspection, the applicant must pay the re-inspection fee in accordance with De-
velopment Standard 1-05.7.0. 4. In instances where re-inspection fees have been assessed, no additional inspection of the
work will be performed until the required fees have been paid. F. Final inspection. The person erecting, altering or relocating a sign shall request a final inspec- tion upon completion of the work for which permits have been issued. Final inspections on installed
signs must be completed prior to the issuance of a Certificate of Occupancy. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 16 Figure 1: Area of a Sign Sec. 3-23. Special inspector required. A. The following sign types shall be subject to continuous inspection by special inspectors as pro- vided in Section 306 of the Uniform Administrative CodeChapter 1 of the International Building Code . 1. All detached sign structures exceeding 100 square feet in area or 25 feet in overall height. 2. All signs attached to a building in excess of 30 feet from the bottom of the sign to grade, if, in
the opinion of the Plans Examiner, the subject sign and/or the particular building structure and/or
the method of attachment constitutes an unusual and/or dangerous structure and/or attachment. B. A record of the special inspections shall be submitted to the Development Services Department by the applicant at or prior to final inspection and retained by the Development Services Department
with the sign permit application. Sec. 3-24. Fees. All sign permit fees are set forth in Development Standard 1-05.7.0. The Citizen Sign Code Com- mittee shall review proposed amendments to the sign permit fees and make recommendations to the
Mayor and Council. The Mayor and Council shall make the final decision to approve, deny or modify
the sign permit fees. Sec. 3-25. to Sec. 3-30. Reserved. ARTICLE IV. GENERAL REQUIREMENTS Sec. 3-31. Regulations established. The sign regulations of this Sign Code shall be subject to the additional requirements, conditions and exceptions specified in
this Article V . Sec. 3-32. Sign area. The area of a sign shall be determined as follows (see Figure 1: Area of a Sign): A. Single face sign: 1. The entire area within a single continuous perimeter com-
posed of squares or rectangles that enclose the extreme lim-
its of the advertising message, announcement, declaration,
demonstration, display, illustration, insignia, surface or space
of a similar nature, together with any frame or other material,
color, or condition that forms an integral part of the display
and is used to differentiate such sign from the wall against N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 17 which it is placed, excluding the necessary sup-
ports or uprights on which such sign is placed. 2. Where a sign consists only of individual letters, numerals, symbols or other similar components
and is painted on or attached flat against the wall of a building, and where such individual compo-
nents are without integrated background definition and are not within a circumscribed frame area,
the total area of the sign shall be the area of the square or rectangle that circumscribes the entire
message. B. Two or more faced sign: Where a sign has two or more faces, the area of all faces shall be in- cluded 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 farthest distance be-
tween faces does not exceed five feet, or when the interior angle of the sign faces does not exceed
45° if the boards are in a “V” configuration. Sec. 3-33. Grade. A. General: The grade of a sign is the lowest point of elevation of a finished surface within a 20- foot radius of the base of the sign or in any case not extending beyond the property line, except as
provided in paragraphs B and C, below. B. Freeway s grade : For freeway signs and billboards, the freeway grade is the elevation of the outside edge of the freeway travel lane nearest to the freeway sign or billboard. C. Retention basin exception: The Sign Code Administrator is authorized to determine the eleva- tion of grade for signs located within a retention basin, taking into consideration the preexisting natu-
ral grade before excavation of the basin, the surface elevation of the water in the basin during a base
flood, and any other information the Sign Code Administrator deems pertinent. Sec. 3-34. Premises. A premises is all contiguous land used and occupied by a use or business. All buildings, parking, storage and service areas, and private roads or driveways that are an integral part of the use or busi-
ness are considered part of the premises. Commercial shopping centers, office complexes, commer-
cial or industrial subdivisions, or similar developments are a premises to the extent such lands are
identified as a single site for zoning under an approved development plan. Sec. 3-35. Maximum sign area. Maximum sign area is determined in accordance with Article V, except that the maximum on-site total sign area for commercial, office or industrial uses located within 250 feet of a freeway shall be
four square feet per foot of those portions of street frontage located within 250 feet of the freeway. Sec. 3-36. Setback. The sign and structure must be installed on private property and set back at least 20 feet from the face of the curb, unless otherwise specified in this Sign Code. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 18 Sec. 3-37. Signs near residences. No off-site sign shall be permitted if such sign faces the front or side yard of any lot within any resi- dential district and is located within 150 feet of such lot line. Sec. 3-38. Multiple frontage lots. On corner lots and other lots with more than one street frontage, the maximum allowable number and square footage of on-site signs are permitted for each street frontage. The maximum allow-
ances, however, are not transferable either in whole or in part from one street frontage to another. Sec. 3-39. Intersection corner sign. A. When a sign is erected at the street intersection corner of the lot and is placed in such a manner so as to be readable from both streets or both frontages, the sign shall not exceed the maximum area
allowed for the longest street frontage. B. The sign shall count as one sign for each street frontage. C. The area of the sign shall be deducted from the allowable sign area for each street frontage. Sec. 3-40. Signs per street frontage. A. General rule: For premises having more than one street frontage, the maximum allowable num- ber and square footage of on-site signs are permitted for each street frontage and are not transfer-
able either in whole or in part from one street frontage to another. B. Freestanding sign exception: The more stringent restrictions of the sign district shall apply to freestanding signs. Sec. 3-41. Access regulated. No sign or its supporting members shall be erected, altered or relocated so as to interfere with or restrict access to a window or other opening in a building in such a manner as to unduly limit air cir-
culation or obstruct or interfere with the free use of a fire escape, exit, standpipe, stairway, door, ven-
tilator, window or similar opening, provided however that the Sign Code Administrator may approve
another form of sign or its attachment when, in his or her judgment, that sign will not restrict access to
the openings. Sec. 3-42. Integrated architectural features. To encourage and promote a harmonious relationship between buildings and signs, the Sign Code Advisory and Appeals Board is authorized to approve a special permit in accordance with Section 3- 115 Article XI of this Sign Code for signs that are designed into and constructed as part of an inte- grated architectural feature of a building where strict application of the provisions of this Sign Code
would otherwise prohibit such signs. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 19 Sec. 3-43. Signs over public rights-of-way. A. Except as provided in paragraph B , below, a sign or sign structure shall not project over a public right-of-way or public property unless the Mayor and Council grant a special license. Signs licensed
pursuant to this section may be displayed for up to 60 days. The licensee shall remove the sign
within 48 hours after the advertised event. B. The City Manager may grant a special license for building and curbside banners and for across- the-street banners that project or extend over a public right-of-way or over public property, subject to
the following: 1. The sign shall relate only to City-wide civic events sponsored by non-profit organizations or by
individuals conducting the event on a non-profit basis (with fundraising proceeds used for a com-
munity benefit). For purposes of this section, a City-wide civic event is one that: a. Is open to the public and does not discriminate against patrons in any manner; and b. Celebrates or commemorates the historical, cultural and ethnic heritage of the City and the nation; increases the community’s knowledge and understanding of critical issues, with the
purpose of improving citizens’ quality of life; or enhances the educational opportunities of
the community; or c. Generates broad community appeal and participation; or d. Instills civic pride in the City, state or nation; or e. Contributes to tourism; or f. Is identified as a unique community event. 2. No sign shall be attached to electric wiring or be energized by electricity. 3. No sign shall be placed upon traffic signal posts or signs, and no sign shall obstruct a motor-
ist’s view of traffic signals. 4. Any application for a license for a sign attached to utility poles or lamp poles shall include the
written approval of the Department of Transportation of the City and the authorized official of the
public utility company owning the poles to which the devices would be attached as to the size and
weight of the sign and the manner of attachment to the poles. Building and curbside banners shall
comply with the applicable requirements of Article V. No sign shall be attached to any utility pole
carrying primary circuits or to any wooden pole or public property. 5. Signs licensed pursuant to this section may be displayed for up to 60 days. The licensee shall
remove the sign within 48 hours after the advertised event. 6. In no event may signs relating to more than one event be attached to any single pole. 7. The license shall state the location where the sign may be placed. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 20 8. By accepting any license granted under this section, the licensee and its heirs, successors and
assigns shall agree to indemnify the City as provided in Sec. 3-1 01 6 and shall provide proof of li- ability insurance as provided in Sec. 3-1 01 7. 9. The City Manager may impose such additional administrative requirements as may be neces-
sary to give effect to this Sign Code. Sec. 3-44. Illumination. Unless otherwise prohibited in this Sign Code, all signs may be illuminated subject to the provisions of Tucson Code, Chapter 6, Article IV, Division 2, “Outdoor Lighting Code.” Sec. 3-45. to 3-50. Reserved. ARTICLE V. SIGN TYPES AND GENERAL REGULATIONS This Article V describes the basic sign types that are either permitted or prohibited in the specific sign districts established in Article VI. A sign type that is listed in this Article V that is not ex-
pressly permitted in a sign district by Article VI, is prohibited in that district. Any specific regulation of
a sign type that is listed in Article VI for a specific sign district supersedes the general requirement for
the sign type listed in this Article for that sign district. Sec. 3-51. Generally permitted signs. A. The signs contained in this section are permitted throughout the City, regardless of sign district, unless otherwise designated. B. Electronic message center. 1. Frequency of text change: An electronic message center may not change its text more than
once per hour. 2.Reserved. Permitted placement: An electronic message center is permitted as an element of
any otherwise permitted on-site sign, except that an electronic message center is prohibited in the
following districts: a.Single Family Residential District. b.Multi Family Residential District. c.O-1 District. d.Historic District. e.a. Pedestrian Business District. C. Emergency site locator. 1. No permit is required. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 21 2. Not included in the calculation of total allowable sign area. 3. Emergency site locators shall: a. Identify each building in accordance with the requirements of the building code as adopted
by this jurisdiction. b. Be located at each vehicle entrance into a complex. c. Be either mounted on building walls (or other structures) or placed as freestanding struc-
tures. d. Be readily visible and readable by emergency vehicle operators entering the complex. e. Be easily readable at night, either by individual illumination, color or area illumination. f. Be oriented in the same direction as the complex it describes (i.e., if north is to the right,
north will be on the right of the sign). g. Include a round, red disc “you are here” symbol. h. Designate all the entryways, driveways, fire department access points, buildings and other
pertinent structures in the complex. i. Identify, if existing on site: 1. Buildings and other structures by address, numerical, alphabetical or other symbol
designation. 2. Fire hydrants. 3. Electrical main disconnects. 4. Gas shutoff valves. 5. Elevators. 6. Special hazards, such as chemical generators, fuel storage tanks, etc. 7. Stairs. 8. Swimming pools. 9. Bodies of water with bridges noted. 10. Railroad tracks. 11. Fences and walls with locations of gates. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 22 4. Maximum area: a. Complexes with fewer than 50 units: 12 square feet. b. Complexes with 51 to 300 units: 24 square feet. c. Complexes with 301 to 600 units: 36 square feet. d. Complexes with more than 600 units: 40 square feet. 5. Maximum height: 10 feet. D. Incidental signs. 1. No permit is required. 2. Not included in the calculation of total allowable sign area. 3. Maximum area per sign: 2 square feet. 4. An incidental sign must be attached to the building or structure as an attached sign. E. Political election signs. 1. Maximum area: a. Single Family and Multiple Family Residential Districts: 6 square feet. b. All other districts: 50 square feet. 2. Maximum height: 10 feet. 3. Removal: Shall be removed not later than 15 days after the election to which they refer, ex-
cept that winners of a primary election need not remove their signs until 15 days after the general
election. 4. Placement limitations: a. May be placed on private property only. b. Shall not be placed without the permission of the property owner, as provided in Sec. 3-17. c. Shall not be placed in the public right-of-way or on public property. d. Shall not obstruct the view of motor vehicle operators or create a traffic hazard, as provided
in Sec. 3- 7254 . e. The general setback requirement of Sec. 3-36 does not apply. 5. No sign permit required. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 23 6. Not counted against a property’s otherwise allowable signage area. 7. Responsible party: The person or organization planning to erect political election signs shall
first file with the Sign Code Administrator the name, address and telephone number of a person
who shall be responsible for the proper erection and removal of the signs. 8. Maintenance: Political election signs must be maintained as provided in Article VII of this Sign
Code. F. Portable construction signs. Portable construction signs to advertise those businesses immedi- ately adjacent to and affected by road or water construction are allowed in all districts subject to the
compliance with Sec. 3-64. G. Time, temperature and weather displays (TT&W). 1. General: May be integrated into other allowable sign types without counting toward the al-
lowed signage area. 2. Maximum faces: 2. 3. Maximum area: 66 square feet maximum per face, but not to exceed 30% of the allowed area
of the sign in which the TT&W is integrated. 4. Allowable number: 1 per site, except on corner lots where 2 are allowed but may not add to
the number of freestanding signs allowed on a site. 5. Maximum height: Same as the sign type in which the TT&W is integrated. H. Vehicle signs. Vehicle signs are allowed only where all of the following conditions are met: 1. The primary purpose of such vehicle or equipment is not the display of signs. 2. Signs are painted upon or applied directly to an integral part of the vehicle or equipment, do
not extend beyond the horizontal or vertical profile of the vehicle, and are not mounted on the
truck bed. 3. Vehicle/equipment is in operating condition, currently registered and licensed to operate on
public streets when applicable, and actively used in the daily function of the business to which
such signs relate. 4. Vehicles and equipment are not used primarily as static displays advertising a product or
service, nor utilized as storage, shelter or distribution points for commercial products or services
for the public. 5. During periods of inactivity exceeding 5 days, such vehicle/equipment are not so parked or
placed that the signs thereon are displayed to the public. Vehicles and equipment engaged in ac-
tive construction projects and on-premises storage of equipment and vehicles leased or rented to
the general public by a business engaged in vehicle leasing shall not be subject to this condition. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 24 I. Wall signs, multipurpose facility. 1. Notwithstanding any other limitations and restrictions set forth elsewhere in this Sign Code, a
multipurpose facility is permitted to include as part of its wall signage 1 or more light emitting diode
(LED) or other electronic banners and/or video displays that may include continuously moving
words and images. These components shall be used in ticketing areas and other pedestrian
gatherings where, in the opinion of the City Engineer, such signage will not create a traffic hazard
and will not be visible or will be only incidentally visible from public rights-of-way or adjacent prop-
erties. 2. For purposes of this section, the term “multipurpose facility” has the meaning set forth in the
definition found at Arizona Revised Statutes section 48-4201. J. Window signs are permitted wherever wall signs are permitted. Sec. 3-52. Exempt signs. The provisions of this Sign Code, including the requirements for permits, shall not apply to the fol-
lowing specified signs, nor shall the area of such signs be included in the area of signs permitted for
any parcel or use. A. Flags: Flags, emblems or insignias of any nation or political subdivision. B. Memorial signs or tablets: Memorial signs or tablets, names of buildings, and dates of building erection, when cut into the surface or façade of a building. C. Murals. D. Specially licensed signs: Signs on or over public right-of-way permitted by the Mayor and Coun- cil or special license, such as signage on bus benches and buses. Sec. 3-53. Prohibited signs enumerated. No person shall erect, alter, or relocate any sign of the type specified in this Article. A. Animated and intensely lighted signs: 1. No sign shall be permitted that is animated by any means, including flashing, scintillating,
blinking, or traveling lights, or any other means not providing constant illumination. 2. No sign shall be permitted that because of its intensity of light constitutes a nuisance or hazard
to vehicular traffic, pedestrians or adjacent properties. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 25 B. Electronic Message Center: An electronic or electronically controlled message board, where scrolling or moving copy changes are shown on the same message board or any sign which changes the text of its copy
electronically or by electronic control more than once per hour. B.C. Fixed balloon signs: 1. Except as allowed as a temporary sign, as provided in this Article V. 2. Prohibition does not apply to manned hot air balloons. C.D. Flags or pennants: 1. Flags, other than those of any nation, state or political subdivision, except as allowed as a
temporary sign, as provided in this Article V. 2. Propellers, hula strips and pennants, except as allowed as a temporary sign, as provided in
this Article V. D.E. Miscellaneous signs, posters and satellite disks: The tacking, painting, pasting or otherwise affixing of signs or posters of a miscellaneous character, visible from a public way, on the walls of a
building, barns or sheds, or on trees, poles, posts, fences or other structures, is prohibited. No sign-
age of any type is permitted on satellite dishes or disks. E.F. Moving signs. 1. No sign or any portion thereof shall be permitted that moves or assumes any other motion
constituting a non-stationary or non-fixed condition. 2. Exception. Barber shops, in all districts where allowed by the Land Use Code, may display the
traditional revolving cylinder sign with red, white and blue stripes. F.G. Roof signs: Signs that are erected upon, against, or directly above a roof, or on top of or di- rectly above the parapet of a building. G.H. Sound, odor or visible matter: Any advertising sign or device that emits audible sound, odor or visible matter. H.I. Vehicle signs: Signs mounted upon, painted upon, or otherwise erected on trucks, cars, boats, trailers or other motorized vehicles or equipment are prohibited, except as specifically provided
in Section 3-51.H. Sec. 3-54. Signs creating traffic hazards. No sign shall be permitted at the intersection of any street in such a manner as to obstruct free and clear vision of motor vehicle operators. No sign shall be located at any location where by reason of
its position, shape, or color it may interfere with or be confused with any authorized traffic sign, signal
or device. No sign may make use of a word, symbol, phrase, shape or color in such a manner as to
interfere with, mislead, or confuse traffic. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 26 Sec. 3-55. Signs in public areas. No sign shall be permitted 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, except as ex-
pressly authorized by this Sign Code. Sec. 3-56. Awning signs. A sign constructed of cloth, plastic or metal and permanently affixed to a structure intended to provide shade. Sec. 3-57. Banners. A piece of fabric permanently attached by one or more edges to a pole, rod or cord. Banners may be attached to a building, where permitted, or placed along a curb. A. Not allowed for nonresidential or home occupation uses. B. The area of curbside banners shall not be included in the calculation of total allowable sign area. C. Removal: Faded or tattered banners must be replaced or removed at the direction of the Sign Code Administrator. D. Right-of-way: Banners may extend or project over a public right-of-way or public property only as provided in Sec. 3-43.B. E. Copy limitation: Banners may include logos and pictographs but shall not contain any other lettered copy, except 1. They may include festive or seasonal proclamations or may announce cultural or civic events
that are open to the public. In such case, the banner may devote up to 25% of the surface area to
the name and/or logo of one public, private or commercial sponsor. 2. A banner meeting the criteria for festive or seasonal proclamations may be displayed for 60
days or less and shall be removed within 48 hours after the seasonal, cultural or civic event. F. Maximum area: 25 square feet. G. Minimum area: 6 square feet. H. Maximum number: 1 for every 15 feet of building length per street frontage. On buildings having more than one street frontage, the maximum allowable number of banners is not transferable
from one street frontage to another. I. Minimum distance from ground level to bottom of banner: 10 feet. J. Allowable height: may not extend above the façade or eave of the building or structure and shall not exceed 40 feet above grade. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 27 Sec. 3-58. Billboards. A. Permitted locations: On undeveloped property in the C-2, C-3, I-1 and I-2 zoned property and only within the General Business District and the Industrial District as set forth in Sec. 3-76 and Sec.
3-79 of Article VI of this Sign Code. B. Maximum area per face, including embellishments: 1. Generally: 6 feet by 12 feet. 2. Within 250 feet of a freeway: 378 square feet. 3. Limitations: a. No more than 2 faces per sign. b. Vertical or horizontal stacking is not permitted. C. Maximum height: 1. Generally: 16 feet from grade to top of sign. 2. Within 250 feet of freeway: 35 feet from freeway grade to top of sign. D. Minimum clearance: 4 feet from grade to bottom edge of sign. E. Minimum separation: 1. Generally: The minimum distance between a billboard and an existing billboard shall be 660
feet, measured in all directions and regardless of jurisdiction. 2. Within 250 feet of a freeway: The minimum distance between a billboard located within 250
feet of a freeway and an existing billboard shall be 1,980 feet , measured in all directions and re- gardless of jurisdiction. F. Minimum setback: No billboard or part of a billboard shall be located within 200 feet of a resi- dential zone boundary line. G. Orientation: Billboard faces shall be oriented perpendicular to the road on which they are lo- cated. H. Prohibited locations: 1. On property with the following zoning: LUC Article II, Zones, Division 2 Rural Residential zones
(all); Division 3, Urban Residential zones (all); Division 4, Office zones (all); “RVC” Rural Village
Center Zone, “NC” Neighborhood Commercial Zone, “C-1”, Commercial Zone, “P” Parking Zone
and “RV” Recreational Vehicle Zone of Division 5, Commercial zones; Division 6, Mixed Use Zones
(all); “P-I” Park Industrial Zone of Division 7, Industrial Zones; Scenic Corridor Zone, Airport Envi- N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 28 rons Zone (unless prior approval in writing by Federal Aviation Administration) and Historic Preser-
vation Zone of Division 8, Overlay zones. 2. Any developed property. Billboards on undeveloped property may remain when there is new
development as long as the entire site fully conforms to the Tucson Land Use Code (LUC), includ-
ing LUC Sec. 3.5.4.26. 3. Within 400 feet of the future right-of-way of gateway routes as designated in the Major Streets
and Routes Plan. I. Prohibited advertising display: Notwithstanding any other provision of the Tucson Sign Code, billboards may not change advertising copy by any type of electronic process or by use of ver-
tical or horizontal rotating panels having two or more sides whereby advertising copy is changed by
the rotation of one or more panels. Sec. 3-59. Directory signs. A. Permitted in the Medical-Business-Industrial Park District and the Planned Area Development District only. B. Maximum faces: 2 per sign. C. Maximum area: 2 square feet per occupant plus 20% additional square feet for a directional map. D. Maximum height: 10 feet. E. Maximum clearance: 5 feet between grade and bottom of sign. F. Setback: None required, except a pull out area for vehicles to pause without inhibiting through traffic. G. Not permitted in public right-of-way, as provided in Sec. 3-73. Sec. 3-60. Freestanding signs. A. Monument type sign, general requirements: 1. Maximum faces: 2 4 per sign , back to back configuration only . 2. Maximum area: 50 square feet per face . 3. Maximum height: 10 feet from grade. 4. Minimum setback: 20 feet from curb to leading edge of sign. B. Low profile type sign, general requirements: 1. Maximum faces: 2 per sign. N OVEMBER 209 , 2007 DRAFT {A0017728{A0018355.DOC/}.DOC/5} 29 2. Maximum area: 60 square feet per face . . 3. Maximum height: 8 feet, or less than 8 feet if the setback from the curb is less than 16 feet (see
Table 1). 4. Minimum setback from curb to leading edge of sign: See Table 1. Distance from Curb to Leading Edge of Sign Maximum Allowable Height 0'-0" 0'-0" 1'-0" 0'-6" 2'-0" 1'-0" 3'-0" 1'-6" 4'-0" 2'-0" 5'-0" 2'-6" 6'-0" 3'-0" 7'-0" 3'-6" 8'-0" 4'-0" 9'-0" 4'-6" 10'0" 5'-0" 11'-0" 5'-6" 12'-0" 6'-0" 13'0" 6'-6" 14'-0" 7'-0" 15'-0" 7'-6" 16'-0" or more 8'-0" Table 1 5. Minimum continuous base (clearance from grade to bottom of sign): 2 feet. C. Freestanding pole type sign requirements: 1. Maximum faces: 2 per sign. 2. Maximum area: 72 sq