El Mirage City Zoning Code
SIGN REGULATIONS
§ 154.125 PURPOSE.
The purpose of this subchapter is to establish standards for the regulation of signs within the city in order to safeguard the public interest by:
(A) Balancing public and private objectives by allowing adequate signage for business identification;
(B) Promoting the free flow of traffic and protect pedestrians and motorists from injury and property damage which may be caused by cluttered, distracting, and illegible signage;
(C) Preventing property damage and personal injury resulting from signs which are improperly constructed or poorly maintained;
(D) Promoting the use of signs which are well designed, of appropriate scale, and integrated with surrounding buildings and landscape in order to meet the community’s desire for quality development; and
(E) Protecting property values, the local economy, and the quality of life by preserving and enhancing the appearance of the streetscape which affects the image of the city.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.126 APPLICABILITY.
The requirements of this chapter apply to all signs, sign structures, awnings, and other types of sign devices located within the City of El Mirage, except as specified in § 154.127, below.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.127 EXEMPTIONS.
The following are exempt from the regulations of this chapter subject to the following, but may be subject to other codes enacted by the city where applicable:
(A) Signs which are not visible from a public roadway; however, these signs must comply with any building and construction provisions enacted by the city.
(B) Signs inside a building.
(C) Historical plaques or signs carved into a building or raised in integral relief on a building not exceeding four square feet.
(D) Signs required by federal, state, or city law/authority.
(E) Noncommercial flags.
(F) Painted and/or applied wall accents and decorations.
(G) Illuminated building accents and decorations.
(H) Public art. Murals defined as works of graphic art hand-painted or applied to building walls, which contain no advertising, commercial messages, or logos; and/or that are not displayed in conjunction with a commercial enterprise which may obtain commercial gain from the display. Murals shall be approved as a conditional use permit by hearings of the Planning and Zoning Commission and City Council.
(I) Name and address. For single family residential properties up to two signs indicating address, number and/or name of occupants of the premises that do not exceed two square feet in area and located in an area not otherwise prohibited by this chapter. For all non-single family residential properties, every building or group of buildings may provide a street number sign as approved by the Zoning Administrator or designee which shall be clearly visible from the street. This sign shall not be computed as part of the total sign area permitted and shall not require a permit.
(J) Decals. Decals and/or logos affixed to windows or door glass panels, such as those indicating membership in a business group or identifying credit cards accepted at the establishment.
(K) Directional or informational signs of a noncommercial public or quasi-public nature, and community signs.
(L) Sign repainting without changing wording, composition or colors; or minor nonstructural repairs.
(M) On-premise signs that are relevant to the function of the property that are not visible beyond the boundaries of the lot or parcel upon which they are located, or from any public right of way.
(N) Public signs. Signs erected by government agencies or utilities, including traffic, utility, safety, railroad crossing and identification signs for public facilities and any signs erected by the city.
(O) Security and warning signs. On-premise signs regulating the use of the premises, such as “no trespassing”, “no hunting” and “no soliciting” signs that do not exceed one sign two square feet in area in residential areas and one sign five square feet in area in commercial and industrial zones. These limitations shall not apply to the posting of conventional “no trespassing” signs in accordance with state law.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.128 PROHIBITIONS.
The following signs are prohibited:
(A) Signs containing strobe lights.
(B) Abandoned sign structures, as defined by this chapter.
(C) Signs placed on or painted on a motor vehicle, boat or trailer parked with the primary purpose of providing signage not otherwise allowed by the chapter; Prohibited is any sign displayed on a parked trailer or truck or other vehicle where the primary purpose of the vehicle is to advertise a product, service business, or other activity. This regulation shall permit the use of business logos, identification or advertising on vehicles primarily and actively used for business purposes and/or personal transportation.
(F) Signs that imitate or resemble official traffic lights, signs or signals or signs that interfere with the effectiveness of any official traffic light, sign or signal.
(G) Mechanically moving signs. An environmentally activated sign or other display with actual mechanical motion powered by natural, manual, mechanical, electrical or other means, including but not limited to pennant strings, streamers, spinners, propellers, and search lights.
(H) Unshielded or flashing signs. Sign with flashing, blinking, or rotating lights, laser lights, search lights, or unshielded LED, incandescent, fluorescent, metal halide, or high or low pressure sodium light bulbs. For the purposes of this chapter, a sign that has a change rate or dwell time of four seconds or longer does not fit within the prohibition noted herein.
(I) Posters and handbills. Any signs affixed to any structures, trees or other natural vegetation, rocks or poles.
(J) Simulated traffic signs and obstructions. Any sign which may be confused with, or obstruct the view of, any authorized traffic sign or signal, obstruct the sight-distance triangle at any road intersection or extend into the public right-of-way.
(K) Signs adversely affecting safety. Signs which prevent free ingress or egress from any door, window, fire exit, or that prevent free access from one part of a roof to any other part.
(L) Pedestrian access. Signs located in a manner which interferes with pedestrian travel or poses a hazard to pedestrians;
(M) Sign emissions. No sign which emits smoke, visible vapors, particles, sound or odor shall be permitted. Open flames used to attract public attention to a place of business or to an advertising sign shall not be permitted.
(N) Mirrors. No mirror device shall be used as part of a sign.
(O) Tethered balloons or other hazards to aviation.
(P) Situations where the code is silent. Where the code is silent, or where the rules of this code do not provide a basis for concluding that a sign is allowed, said sign is therefore prohibited.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.129 CONFLICTING REGULATIONS.
(A) Where there is a conflict between specific sign regulations and the general sign regulations of this code, the specific sign regulations supersede the base sign regulations.
(B) Where there is a conflict between a land use regulation and a structural regulation, or other conflicts not otherwise addressed by this section, the most restrictive applies.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.130 GENERAL PROVISIONS.
The general provisions for all signs are listed below:
(A) Design.
(1) All signs hereafter constructed or maintained shall conform to the provisions of this chapter and the provisions of the city code, promoting the health and welfare of the general public.
(2) Signs shall be designed to be consistent with the architectural treatment and overall character of the principal building and/or the overall site.
(3) Signs shall use materials or textures which are complementary to those used in the principal building and/or in the overall project.
(4) Signs shall use colors which match or complement the colors used on the building and/or in the overall project.
(5) No sign, other than an official traffic sign or similar sign, shall be constructed within the boundary of any street or public right-of-way unless specifically authorized herein, authorized by other city ordinances or regulations; or permitted by special city authorization.
(6) No temporary or permanent sign or sign structure, shall be erected or placed in a manner that would obscure vehicular visibility on or at the intersection of roadways; or at any location where its position, shape or color may interfere with or obstruct the view of, or be confused with, any authorized traffic sign, signal or device.
(7) All signs shall be designed and constructed to resist all weather conditions of central Arizona.
(8) The placement of new signs shall integrate with the established locational pattern of like sign types.
(B) Materials.
(1) All sign materials and components shall be of the quality and grade to resist specified wind and seismic hazard conditions of central Arizona.
(2) Combustible materials, other than approved plastics, shall not be used in the construction of any electronic signs.
(3) Sign materials to be used on the building facade shall be compatible with the design of the face of the façade.
(C) Sign anchors.
(1) All signs shall be securely anchored to resist the identified wind and seismic hazards existing in central Arizona.
(2) There shall be no visible angle iron supports, guy wire, braces, or supports. All sign supports shall be an integral part of the sign design.
(D) Sign illumination. Signs may be illuminated as provided by this chapter and specified by approved sign criteria, if applicable, in accordance with the following regulations:
(1) Sign lighting shall be of low intensity with effective provisions made to minimize spillover of light beyond the actual sign face. Examples of permissible illumination methods would include, but not be limited to, the use of appropriate cut-off style light fixtures, the use of down-light fixtures adjusted so as to avoid light spillover and interference with the vision of motorists, and the use of muted internal illumination. Prohibited forms of light spillover include, but are not limited to, spillover into adjoining properties, roadways and airspace. Lighting must not interfere with the vision of oncoming motorists.
(2) All illuminated signs shall adhere to the provisions provided in § 154.106 unless specifically modified herein.
(E) Maintenance.
(1) The property owner or tenant on which the sign is located shall be responsible to maintain all signage that has been approved or that has been issued a permit. Periodic maintenance shall be undertaken by the owner or tenant so that the signage continues to conform to the conditions imposed by the sign permit and does not constitute any danger or hazard to public safety, and is free of peeling paint, major cracks, or loose, dangling, or torn materials.
(2) Any damaged sign base shall be repaired within 30 days after receipt of written presentation/rectification of the issue by the Zoning Administrator to the property owner. Upon request, said period may be extended by the Zoning Administrator to accommodate conditions outside the control of the sign owner.
(3) All metal pole covers and sign cabinets shall not show any effect of rust and rust stains.
(4) Any internally illuminated sign cabinets or sign panels which have been damaged shall not be illuminated until repaired.
(5) If the sign is suspect to collapse, or determined to be unsafe by the city’s Inspector/Code Enforcement, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this chapter, the owner thereof, or the person or firm using the sign, shall, upon written notice by the city’s Inspector/Code Enforcement, or immediately in the case of imminent danger, and in any case within not more than ten days after notice shall make such sign conform to the provisions of this chapter; or remove the sign. If, within ten days, full compliance with the notice has not occurred, the city’s Inspector/Code Enforcement may remove, or cause such sign to be removed, at the sole expense of the owner and/or user of the sign. Upon request, said period may be extended by the Zoning Administrator to accommodate conditions outside the control of the sign owner.
(6) The changeable letter panels of a permitted changeable copy sign shall be subject to the same maintenance requirements as imposed by the sign permit.
(F) Sign inspections. All signs for which a permit is required shall be subject to the following inspections, unless waived by the Zoning Administrator or designee:
(1) Footing inspections on all freestanding signs, including situations where square footage or panels are added to existing freestanding signs;
(a) Electrical inspections on all illuminated signs prior to clearance; and
(b) Final inspection which shall cover the sign location, structural members, and placement of the inspection marker in accordance with this subchapter.
(2) Any person installing or erecting a permanent sign as regulated by this subchapter shall ensure that the signs are marked with the maker’s name and the person or firm erecting the sign, the date of installation, and the permit number as approved by the City Manager or designee.
(G) Sign height measurements. Sign height measurements are determined as follows for each sign type:
(1) Freestanding signs. The overall height of a freestanding sign or sign structure is measured from the lowest point of the ground directly below the sign to the highest point of the freestanding sign or sign structure.
(a) Exception: Where a freestanding sign or sign structure is mounted along a roadway that has a higher grade level as compared to the grade level directly below the freestanding sign or sign structure, then the freestanding sign or structure’s height will be measured from the top of curb or the crown of the adjacent roadway (where no curb exists) to the highest point of the freestanding sign or sign structure.
(2) Wall signs or fascia mounted signs. Wall, fascia, mansard, and parapet signs. Height shall be the vertical distance to the top of the sign or sign structure from the base of the wall on which the sign is located.
(H) Sign area measurements. The “sign area” of each permitted sign shall be measured as follows:
(1) Background mounted signs. Sign copy mounted or painted on a background panel or area distinctively painted, textured or constructed as a background for the sign copy shall be measured as that area within the outside dimensions of the background panel or surface. The base of a freestanding monument sign shall not be calculated as sign area unless said base contains signage.
(2) Individual mounted signs. The area of a sign copy mounted or painted, as individual letters or graphics, against a wall or the fascia of a building or other structure that has not been painted, textured or otherwise altered to provide a distinctive background for the sign copy, shall be measured as the area enclosed by the smallest standard geometric shape or combination of geometric shapes capable of encompassing the perimeter of the background area of the sign.
(3) Two-part signage. In instances in which a sign consists of individual elements such as letters, symbols, or other graphic objects or representations that are painted, attached to, or otherwise affixed to a surface such as a wall, window, canopy, awning, architectural projection, or to any surface not specifically designed to serve as a sign background, the sign area shall be based on the sum of the individual areas of the smallest geometric shape or combination of geometric shapes capable of encompassing the perimeters of the individual elements comprising the sign.
(4) Sign frames or cabinets. The area of sign faces enclosed in frames or cabinets is determined based on the outer dimensions of the frame or cabinet
(5) One sign with one or more sign faces.
(a) One face: Area of the single face only;
(b) Two faces: If the interior angle between the two faces is 60 degrees or less, the sign area will be the total of one face only; if the angle between the two sign faces is greater than 60 degrees, the sign area will be the sum of the areas of the two faces.
(c) Three or more faces: The sign area will be 50% of the sum of the areas of all faces.
(d) Irregular shaped signs: To be measured based on the appropriate mathematical formula to obtain the sign area for a circle, an oval or irregularly shaped sign.
(e) Spherical, free-form, sculptural or other non-planar signs: The signage area shall be 50% of the sum of the sides of the of the areas using only the four vertical sides of the smallest cube that will encompass a sign.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.131 TOTAL AGGREGATE SIGN AREA STANDARDS.
The TOTAL AGGREGATE SIGN AREA shall be the sum of all the sign areas of each allowable sign placed on a parcel with the following restrictions:
(A) For all non-residential uses, the total aggregate sign area allowable to any business having an external business entrance shall not exceed the greater of 50 square feet or 1.5 square feet per lineal foot of building frontage per business, but in no case more than 300 square feet per business.
(B) All non-residential uses having only an external building wall facing a public street, shall be permitted exterior signage with a total aggregate sign area not to exceed 50 square feet.
(C) Non-residential uses having only an internal business entrance and no external wall facing a public street or public access driveway or public alley shall be limited to business identification signage on a multi-tenant building wall mounted sign as set forth in § 154.133(A)(10).
(D) Businesses having building frontage greater than 200 feet in length may increase their allowed sign area by 0.5 square feet per one lineal foot of building frontage in excess of 200 feet. Such additional sign area shall be for the exclusive use of said business and not transferable or reallocable to other businesses on the parcel.
(E) Building frontage is determined by the measurement of the portion of the business facing the street or public access driveway or public alley. Multi-story building lineal footage is limited to the ground floor lineal footage measurement except as modified by the subsections below.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.132 STANDARDS BY SIGN TYPE.
The criteria listed within this table describes the permitted conditions applicable for each sign type. This table also includes references to additional sign standards that may be applicable to each sign type.
Table S: SIGN REQUIREMENTS BY SIGN TYPE*
| |||||||||
Sign Type | Sign Permit Require d | Part of Aggregat e Sign Area | P=Permitted N=Not Permitted | Addition al Sign Standard s | Lighting Permitte d | ||||
Zoning Districts
| |||||||||
NR/RA/SN/M P | MU/ UC/ TD** | CP/E I | TRO D
| ||||||
Res. Use** | Non- Res. Use
| ||||||||
Table S: SIGN REQUIREMENTS BY SIGN TYPE*
| |||||||||
Sign Type | Sign Permit Require d | Part of Aggregat e Sign Area | P=Permitted N=Not Permitted | Addition al Sign Standard s | Lighting Permitte d | ||||
Zoning Districts
| |||||||||
NR/RA/SN/M P | MU/ UC/ TD** | CP/E I | TRO D
| ||||||
Res. Use** | Non- Res. Use
| ||||||||
Permanent Signs | |||||||||
Attached or Wall Mounted | Yes | Yes | P | P | P | P | P | 154.133( A) | Yes |
Awning/Cano py | Yes | Yes | N | P | P | P | P | 154.133( B) | No |
Billboards/Of f-Premise | Yes | No | N | N | N | C | C | 154.133( C) | Yes |
Directional | Yes | No | N | P | P | P | P | 154.133( D) | Yes |
Directory | Yes | No | P | P | P | P | P | 154.133( E) | Yes |
Electronic Message Center | Yes | Yes | N | P | P | P | C | 154.133( F) | Yes |
Freestanding/ Monument | Yes | Yes | P | P | P | P | P | 154.133( G) | Yes |
Gas Filled | No | No | N | N | P | P | P | 154.133( H) | Yes |
Projecting | Yes | Yes | N | P | P | P | P | 154.133(I ) | No |
Window | Yes | Yes | N | P | P | P | P | 154.133(J ) | No |
Temporary Signs | |||||||||
A-Frame Sign | Yes | No | N | N | P | P | P | 154.134( A) | No |
Banner Sign | Yes | No | P | P | P | P | P | 154.134( B) | No |
Promotional Sign | Yes | No | N | P | P | P | P | 154.134( C) | No |
Sign Walker | Yes | No | N | N | P | P | P | 154.134( D) | No |
Weekend Directional | No | No | P | P | P | P | 154.134( E) | No | |
Window | No | No | P | P | P | 154.134( F) | No | ||
Yard Sign | Yes | No | P | P | P | P | 154.134( G) | No | |
* All sign criteria listed in this table is subject to and may be further modified by their respective additional sign standards provided in § 154.133 or as stated elsewhere within this chapter.
** Permitted signage for residential uses shall be limited to residential subdivisions or multi-family residential developments and is not applicable to individual residential parcels, units or home occupations.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.133 ADDITIONAL STANDARDS BY PERMANENT SIGN TYPE.
This section describes the permitted conditions and applicable standards for each permanent sign type listed within Table S.
(A) Attached or wall-mounted signs. Attached or wall mounted signs are permitted as identified in Table S, subject to the conditions identified below:
(1) Attached or wall-mounted signs shall be counted as a portion of the total aggregate sign area.
(2) Attached or wall mounted signs shall be supported solely by the façade or exterior building face.
(3) One attached sign per street frontage is permitted per business in all non-residential zoning districts.
(4) Attached or wall mounted signs may project no more than 12 inches from the surface of the wall to which it is attached or for halo illuminated signs must not exceed a 1.75 inch separation from the wall.
(5) Attached or wall mounted signs shall not extend above the wall, parapet, or fascia upon which it is placed.
(6) Attached or wall mounted signs are permitted on a roof surface if the roof is within 25 degrees of vertical.
(7) Attached or wall mounted signs shall not exceed 25 feet in height.
(8) Residential subdivisions and multi-family developments shall be allowed one attached or wall mounted sign not to exceed 24 square feet per subdivision/development entrance or six square feet per multi-family building.
(9) For all non-residential uses, attached or wall mounted signs shall not exceed more than the total aggregate sign area allowed as determined by § 154.131.
(10) Multi-tenant building wall mounted identification signs are permitted in the MU, UC, TD, CP and EI zoning districts subject to the conditions identified below:
(a) The use of a multi-tenant building wall mounted identification sign shall take the place of single business wall mounted signs and shall be counted as a portion of the total aggregate sign area.
1. The maximum number of multi-tenant signs for each building shall be limited to one sign per street frontage.
2. The maximum area of the multi-tenant sign shall not exceed the greater of 50 square feet or 1.5 square feet per lineal foot of combined building frontage for each business, but in no case more than 300 square feet per multi-tenant sign.
(B) Awning/canopy sign. Awning/canopy signs are permitted as identified in Table S, subject to the conditions identified below:
(1) Awning/canopy signs shall be counted as a portion of the total aggregate sign area.
(2) Sign copy, including logos, shall not exceed 1.5 square feet per lineal foot of building frontage.
(3) Such a sign shall only be displayed on ground floor awnings.
(4) If encroaching over an abutting city right-of-way line, a revocable city encroachment permit or other City Council–granted authorization approved by the City Engineer and the City Attorney shall be required.
(C) Billboards and off-premise signs.
(1) Billboards are permitted as identified in Table S, subject to the conditions identified below:
(a) Billboards may be approved by conditional use permit along Olive Avenue or Northern Avenue (Parkway), and along El Mirage Road and Dysart Road, south of Peoria Avenue, but no more than two billboards shall be approved on Olive Avenue, El Mirage Road or Dysart Road and no more than five billboards on Northern Avenue (Parkway) without Council approval of a variance or development agreement.
(b) Billboards shall not exceed 400 square feet in area or a height of 40 feet above the nearest curb or 60 feet above grade along Olive Avenue.
(c) New digital or static billboards installed along Northern Avenue (Parkway) shall not exceed 672 square feet per face, per direction in area or a height of 65 feet above the nearest curb or grade.
(d) Graphics shall not include animated, flashing, scrolling, intermittent, or full motion video elements. There shall be a minimum rotation time of eight seconds between images.
(e) The signs shall have the City of El Mirage logo integrated within the design. The appropriate application and amount of city identification is subject to city approval via the conditional use permit process.
(f) Network time of one image for at least eight seconds shall be made available to the city for messaging on four digital sign faces.
(g) No new billboards shall be permitted within 1,000 feet in any direction from an existing billboard. All permits for billboards must receive prior written approval from Luke Air Force Base and other governmental entities if applicable.
(h) A one-time fee of $6,000 per site will be assessed with approval of a digital board and payable to the city.
(2) Off-premise signs are permitted as identified in Table S, subject to the conditions identified below:
(a) Off-premise signs shall require approval of a conditional use permit.
(b) Off-premise signs shall only be permitted in the EI zoning district.
(c) Off-premise signs shall be limited to placement at arterial to arterial or arterial to collector intersections and shall be located within 60 feet of the intersection right of way line.
(d) Off-premise signs shall be limited to one sign per each leg of an intersection.
(e) Off-premise signs shall not exceed 32 square feet in area or eight feet in height. No off-premise sign shall be located in public rights-of-way or block the sight visibility triangle of any intersection or drive.
(D) Directional sign. Directional signs are permitted as identified in Table S, subject to the conditions identified below:
(1) Non-residential uses shall be allowed a maximum of one directional sign permitted per drive or parking entry with a maximum area of six square feet and a maximum height of three feet.
(E) Directory sign. Directory signs to assist the public, law enforcement and emergency personnel locate a particular address or individual unit are permitted as identified in Table S, subject to the conditions identified below:
(1) Properties occupied by three or more buildings shall have an internally illuminated directory that shows the street address, layout of the complex, the location of the viewer and the unit designations within the complex.
(2) Shall not exceed a maximum height of six feet or sign area of 24 square feet
(3) Shall not include any advertising signage.
(F) Electronic message center. Electronic message center (EMC) signs with intermittent, scrolling or flashing illumination, are permitted as identified in Table S, subject to the conditions identified below:
(1) EMC signs shall be counted as a portion of the total aggregate sign area.
(2) Signs must be entirely located on-site.
(3) There shall be no moving or flashing green or red features that could be mistaken as traffic control devices.
(4) Digital message portion of the sign shall not exceed 50% of sign area.
(5) Sign shall be installed at least 150 feet from a designated crosswalk.
(6) Sign shall not be installed within 350 feet of a residential structure.
(7) EMC signs shall be separated from other EMC signs by a minimum of 1,000 feet.
(8) All continuous loop image progression occurring on the face or copy of the sign must have a minimum interval time of eight seconds.
(9) Illumination of EMC signs during daylight operations shall not exceed 3.85-watt wedge base lamps, and shall not exceed 1.925-watt base wedge lamps during nighttime operation.
(10) All EMC signs shall have automatic dimming controls, either by photocell (hardwired) or via software settings, to reduce the illumination intensity of the sign as ambient lighting conditions change.
(11) EMC signs shall not be illuminated more than 30 minutes before the operation is open to the public or more than 30 minutes after the time at which the operation is closed to the public or 10:00 p.m., whichever is later.
(G) Freestanding/monument signs. Freestanding/Monument signs are permitted as identified in Table S, subject to the conditions identified below:
(1) For single use buildings, freestanding/monument signs shall be counted as a portion of the total aggregate sign area. For single or multi-building developments with multiple tenants, freestanding/monument signs shall not be counted as a portion of the total aggregate sign area.
(2) Single use buildings, complexes, or centers on a single lot are allowed one freestanding/monument sign per street frontage, or one freestanding/monument sign for every 200 feet of street frontage, whichever is greater. The second sign must be at least 100 from the first.
(3) Single use buildings, complexes, or centers on a single lot, less than five acres in net site area, the maximum height of the sign, including any supporting structures shall be eight feet, maximum area shall be 48 square feet.
(4) Single use buildings, complexes, or centers on a single lot, five acres in net site area or greater, the maximum height of the sign, including any supporting structures shall be eight feet, maximum area shall be 60 square feet.
(5) A portion of the sign may have changeable copy, which shall not exceed 50% of sign area.
(6) Shall have monument-type base of masonry construction or other architectural grade material with an aggregate width of at least 50% of the width of the sign.
(7) Freestanding or monument signs located in the TROD district shall either be located on low planter walls or incorporated with distinctive elements of the building’s architectural style and scale.
(8) Address numerals shall be included on all freestanding sign structures. The numerals shall be at least six inches in height.
(9) No portion of the sign shall be located within three feet of the front property line or six feet of a side or rear property line.
(10) Freestanding/monument signs for residential uses in RA, SN, MP zoning districts shall be limited to residential subdivisions or multi-family developments only, subject to the conditions identified below:
(a) The maximum height shall be six feet and the maximum area shall be 24 square feet.
(b) A maximum of one sign shall be located at each non-local street access to the identified subdivision or multi-family development.
(c) The text area of the sign may be back-lit such that the source of illumination is not visible; provided, however, that back-lit, non-opaque panels are not permitted.
(d) The text area of the sign may be illuminated by fully shielded ground mounted directional lighting.
(H) Gas filled signs. Gas filled signs (neon, argon, krypton, and the like) are permitted as identified in Table S, subject to the conditions identified below:
(1) Gas filled signs are limited to interior window display only (may not be used on the exterior of a building).
(2) The total area of gas filled signage for any one business shall be six square feet.
(3) No more than two gas filled signs shall be allowed for any one business.
(I) Projecting signs. Projecting signs are permitted as identified in Table S, subject to the conditions identified below:
(1) Such signs shall be included in the total aggregate sign area.
(2) One projecting sign is permitted for each business front and shall be adjacent to the business it identifies.
(3) Such signs shall only be permitted if they are affixed to a building and shall not project into the public right-of-way unless within the TROD.
(4) The maximum area for each projecting sign for any one business shall be 14 square feet unless amended through the conditional use permit process.
(5) The maximum distance between the wall and the outer edge of the sign shall be four feet, or if a paved public sidewalk is below, 50% of the width of the sidewalk, whichever is less.
(6) Such signs shall be located so that the base edge of the sign is not less than seven feet, six inches from the sidewalk or ground.
(7) Such signs shall require both a city sign permit and, if encroaching over an abutting city right-of-way line, a revocable city encroachment permit or other City Council–granted authorization is approved by the City Engineer and the City Attorney.
(J) Window signs. Window signs are permitted as identified in Table S, subject to the conditions identified below:
(1) Window signs that are permanent shall be included in the total aggregate sign area.
(2) Permanent window signage shall be limited to 25% of the total window area in which it is placed.
(3) Permanent window signs shall be prepared by a professional sign company.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.134 ADDITIONAL STANDARDS BY TEMPORARY SIGN TYPE.
Signs that meet the standards of this subsection are exempt from the standards for permanent signs and are not counted in the total aggregate sign area allowed on any particular property or site.
(A) A-frame signs. A-frame signs are permitted as identified in Table S, subject to the conditions identified below:
(1) Uses permitted to display A-frame signs may display a maximum of one such sign per street, public access driveway, or public alley frontage. Such signs shall be located as follows:
(a) On the same property as the use.
(b) Within the right-of-way of the nearest adjacent public street to the use.
(2) The location of A-frame signs shall be restricted as follows:
(a) Such signs shall not be located on the paved portion of any public street, any sidewalk, or any median.
(b) Such signs shall not be located within a designated parking or loading area.
(c) Signs shall not be located in a manner that poses a traffic vision hazard.
(d) A-frame signs must be placed at least one foot behind the curb or public sidewalk. If no curb or public sidewalk is present, signs shall be located at least five feet from the edge of the paved portion of the public right-of-way.
(e) Businesses within the TROD District may use A-frame signs on public or private sidewalks, provided the portable sign does not obstruct the pedestrian walkways and shall only be placed within the first three feet of the sidewalk located immediately adjacent to the curb, leaving a minimum sidewalk clearance of five feet.
(3) No sign may be greater than 12 square feet per side with a maximum height of four feet.
(4) Signs shall be weighted down and constructed of wrought iron; sheet metal; 1/8 inch thick plastic; or of wood that is at least 3/8 inch thick. No other materials are acceptable.
(5) Signs must be manufactured by a licensed and bonded sign company.
(6) Signs shall be clean and in good working order.
(7) Attachments to signs are limited to balloons flown no higher than six feet from the ground. If attachments are used, the A-frame sign must be set back from the curb and/or sidewalk a minimum of three feet.
(8) Landscaping cannot be modified or damaged to accommodate an A-frame sign.
(9) Signs shall only be displayed during business hours.
(B) Banner signs. Banner signs are permitted as identified in Table S, subject to the conditions identified below:
(1) In districts that allow residential development, temporary banners are not permitted on sites with individual dwelling units. Banners for holidays and special family events are excepted.
(2) On permitted multi-family residential or non-residential uses in all zoning districts, one banner no larger than 32 square feet in size is permitted per development or business street frontage. Except, banner signs associated with a temporary or non-profit business/organization may request an increase of the maximum banner size subject to sign permit approval.
(3) Banner signs shall be securely affixed to the wall or fence of a permanent structure or building, where feasible. No banner shall exceed the height of the prevailing roofline, or exceed the building height allowed by this chapter, whichever is less.
(4) Banner signs shall not be located in a manner that poses a traffic vision hazard, shall be maintained in a workmanlike manner and shall not be placed within the public right-of-way.
(5) Shall be displayed for a maximum of nine days per occurrence, up to a total of six occurrences per calendar year. Except, banner signs associated with a temporary or non-profit business/organization may request an extension of the maximum time limit subject to sign permit approval.
(C) Promotional signs.
(1) No more than two promotional signs shall be allowed per business per street frontage. Size and placement shall be a maximum of 15 square feet in area, and 15 feet in height with at least 25 feet between each one. Promotional signs shall be prohibited in public right of ways. Promotional signs shall only be displayed during business hours of the associated business. Signs shall be properly maintained and replaced if torn or faded in color.
(2) Any promotional pennants, balloons, streamers, flags, inflatable structures, character or product likenesses, and other non-merchandise displays must be associated with an active promotional event and shall be displayed for not more than 30 consecutive days in any three-month period, and not more than 60 days in any calendar year. Such promotional signage shall be erected not more than five days prior to the event, and shall be removed not more than one day after the event.
(D) Sign walkers. Sign walkers are permitted as identified in Table S, subject to the conditions identified below:
(1) If located within the right-of-way, a sign walker shall be positioned behind the curb or, if no curb is present, ten feet behind the edge of pavement.
(2) Sign walkers shall not erect or place tents, temporary structures, umbrellas, chairs or stools within the public right-of-way or adjacent property.
(3) Sign walkers shall not be positioned so as to obstruct vehicle sight lines.
(4) Sign walkers shall not obstruct the free movement of pedestrians on sidewalks.
(5) Sign walkers are not allowed in the medians of public streets.
(6) The sign worn, held or balanced by a sign walker shall be a maximum of five square feet in size and may be double sided.
(E) Weekend directional signs. Weekend directional signs are permitted as identified in Table S, subject to the conditions identified below:
(1) Weekend signs may be placed Friday through Sunday.
(2) Must be placed at least one foot behind the curb. If no curb is present, signs shall be located at least one foot from the edge of the paved portion of the public right-of-way. Weekend directional signs shall not be placed on sidewalks or within the center medians that divide portions of paved or unpaved roadways.
(3) The maximum size shall not exceed four square feet.
(4) The maximum height shall not exceed three feet.
(5) Signs shall be constructed of heavy duty, weather- resistant material, such as laminated paper, plastic foam core, or similar material. Placement stakes shall be wood or heavy gauge wire.
(6) Weekend directional signs shall not be attached to any utility pole or box, light pole, street sign, tree or any structure within the public right-of-way.
(F) Window decorations/painting.
(1) Temporary window decorations/painting signs are permitted in all zoning districts and shall not require a sign permit or be considered part of the total aggregate sign area.
(2) Holiday decorations may be displayed on a temporary basis for civic, patriotic or religious holidays.
(3) The coverage of window decoration/painting and signage must not exceed 75% of the total window area.
(4) Window decoration shall not contain any form of advertising copy, including but not limited to, name of business, logo or sale language.
(G) Yard signs. Yard signs are permitted as identified in Table S, subject to the conditions identified below:
(1) For single family residential uses in permitted zoning districts, yard signs shall be limited to one sign per property with a maximum size not to exceed six square feet and maximum height of six feet.
(2) For multi-family residential uses in permitted zoning districts, yard signs shall be limited to one sign per property with a maximum size not to exceed eight square feet and maximum height of six feet.
(3) On non-residential uses in all zoning districts, yard signs shall be limited to one sign per property with a maximum size not to exceed 32 square feet and a maximum height of eight feet.
(4) Temporary yard signs with a sign area six square feet or less shall not require a sign permit, provided the sign complies with the requirements of this subsection.
(5) Shall not be located within any right-of-way whether dedicated or owned in fee simple or as an easement.
(6) Shall only be located on property that is owned or leased by the person whose sign it is and must not be placed on any utility pole, street light, similar object, or on public property.
(7) Shall not be illuminated.
(8) Shall be displayed for a maximum of six months per occurrence, with up to one extension subject to approval per calendar year.
(H) Political signs. For regulations related to political signs please refer to A.R.S. § 16-1019. During the period established under A.R.S. § 16-1019(H), the state’s political sign requirements apply. Outside of the period established under A.R.S. § 16-1019(H), the El Mirage Sign Ordinance applies.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.135 MASTER SIGN PROGRAM.
(A) Purpose. To provide a mechanism by which the sign regulations established in this section can be modified to ensure that signs for a uniquely planned or designed development or area are most appropriate for that particular development or area, a master sign program may be requested per the guidelines identified below.
(B) Master sign program criteria.
(1) A master sign program may be:
(a) Requested by the developer or owner of a planned area development; or
(b) Requested by the developer, owner or master lessor of a multi-tenant development or parcel that is a minimum of ten gross acres; or
(c) Initiated by the city for a particular area in furtherance of a specific plan, revitalization program, overlay zone, or other area wide planning tool.
(2) A master sign program may include provisions that are more and/or less restrictive than the regulations established in this Section as related to issues of size, location, color, construction materials and design of the sign but without consideration as to the message to be displayed on the sign based on the particular unique features of the development.
(3) Each master sign program applicant shall show why the modifications requested are warranted and how the total sign proposal for the development meets, or balances, the general purpose and intent of this section.
(4) A master sign program application shall be approved, conditionally approved, or disapproved through the conditional use permit process.
(5) A new master sign program approval shall be obtained for substantial revisions to the original approval, as determined by the Zoning Administrator.
(C) Master sign program evaluation criteria. Any master sign program shall be evaluated based upon the following criteria:
(1) Placement.
(a) On-premises. All signs shall be placed where they are sufficiently visible and readable for their function. Factors to be considered shall include the purpose of the sign, its location relative to traffic movement and access points, site features, structures, and sign orientation relative to viewing distances and viewing angles.
(b) Off-premises. Off-premises signs are permitted only on vacant property with the written permission of the property owner.
(2) Quantity.
(a) On-premises. The number of signs that may be approved within any planned area development or multiple tenant complex shall be no greater than that required to provide project identification and entry signs, internal circulation and directional information to destinations and development sub-areas, and business identification. Factors to be considered shall include the size of the development, the number of development sub-areas, and the division or integration of sign function.
(b) Off-premises. A maximum of one off-premises advertising sign is permitted for a planned area development or multiple tenant complex which is equal to or less than 160 acres. A maximum of two off-premises advertising signs are permitted for a planned area development.
(3) Size.
(a) On-premises. All signs shall be no larger than necessary for visibility and readability. Factors to be considered in determining appropriate size shall include topography, volume of traffic, speed of traffic, visibility range, proximity of adjacent uses, amount of sign copy, placement of display (location and height), lettering style, and presence of distractive influences. In no event shall a plan contain a freestanding or wall sign which exceed by more than 50% any maximum height standard.
(b) Off-premises. Signs shall have a maximum area of 160 square feet and a maximum height of 15 feet. Permitted time is not to exceed 90% of home sales.
(4) Materials.
(a) Sign materials shall be compatible with architectural and/or natural features of the project.
(b) This may be accomplished through similarity of materials for sign structures and faces, the use of complementary colors, similarity of architectural style, and/or the use of a consistent lettering style or copy.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.136 PERMITS AND ENFORCEMENT.
(A) Sign permit applications.
(1) Application for a permit shall be on the official form provided by the city.
(2) The Zoning Administrator or designee shall not issue permits for the use, construction, reconstruction, or alteration of any sign structure until adequate information is submitted to determine the proposed action is in conformance with the provisions of these sign regulations.
(3) The Zoning Administrator or designee may, in writing, suspend or revoke a permit issued under provisions of this section whenever the permit is issued on the basis of a material omission or misstatement of fact, or in violation of this subchapter.
(4) No permit for a sign issued by the city shall be deemed to constitute permission or authorization to maintain a public or private nuisance, nor shall any permit issued hereunder constitute a defense in any action to abate a nuisance.
(5) Whenever any sign for which a permit is required by this subchapter has been placed, erected, or displayed without first obtaining a permit, a special investigation shall be made before a permit may be issued. An investigation fee equal to, and in addition to, the permit fee shall be collected.
(6) Whenever any sign requires an electrical permit, both the sign permit and the electrical permit must be issued and obtained simultaneously or may be included under one sign permit.
(B) Permit fees and refunds.
(1) Before the city issues any sign permit required by this subchapter, the applicant shall pay all fees in accordance with the schedule as set by City Council resolution.
(2) For refunds, the applicant must submit a letter of request along with a copy of the sign permit to the Zoning Administrator or designee. Refunds shall be permitted in accordance with the provisions of the adopted building codes and city policies.
(C) Variances, site plan procedures, and administrative appeals.
(1) An application request for a variance from the provisions of this subchapter shall be submitted to the Zoning Administrator or designee and acted upon by the Board of Adjustment in accordance with this chapter, as it exists, or as it may be amended.
(2) An application for conditional use permits required by this subchapter shall be submitted to the Zoning Administrator or designee and acted upon by the Planning and Zoning Commission in accordance with this chapter, as it exists, or as it may be amended.
(3) An application for administrative appeal shall be submitted to the Zoning Administrator or designee and acted upon by the Board of Adjustment in accordance with this chapter as it exists or as it may be amended.
(D) Violations and revocations of permits. The Zoning Administrator or designee may revoke any permit authorizing the erection of any sign which is in violation of the permit of this subchapter. The following is the revocation process.
(1) Notice of the Zoning Administrator or designee’s decision to revoke a sign permit shall be served upon the applicant of the permit:
(a) By delivering in person a copy of the notice to the applicant of the permit or to one of its officers;
(b) By leaving a copy of the notice with any person in charge of the premises;
(c) In the event no such person can be found on the premises, by affixing a copy of the notice in a conspicuous position at an entrance to the premises and by the certified mailing of another copy of the notice to the last known post office address of the applicant of the permit; or
(d) By posting a copy of the notice on the sign in violation and by the certified mailing of another copy of the notice to the last know post office address of the applicant of the permit.
1. The applicant of the permit may appeal the decision of the Zoning Administrator or designee to revoke the permit to the Board of Adjustment, in writing, within 15 days from the date when the notice was served.
2. If no appeal has been taken at the end of 15 days, the permit is revoked. The Zoning Administrator or designee shall then initiate the process for the removal of the illegal sign in accordance with division (E) below.
(E) Removal of signs.
(1) The Zoning Administrator or designee is authorized to require removal of any illegal sign under the following provisions.
(2) Before bringing an action to require removal of any illegal sign, the Zoning Administrator or designee shall give written notice to the owner of the sign or the owner of the premises on which the sign is located. The notice shall state the violation charged and the reasons and grounds for removal, specifying the deficiencies or defects and what repairs, if any, will make the sign conform to the requirements of this subchapter, and specify that the sign must be removed or made to conform with the provisions of this subchapter with the notice period provided below.
(a) The notice period for permanent signs shall be ten days.
(b) The notice period for temporary signs shall be 48 hours.
(c) Re-erection of any sign or substantially similar sign on the same premises after a compliance notice has been issued shall be deemed a continuation of the original violation.
(3) Service of notice shall be made personally on the owner or lessee, or by certified mail addressed to the owner or lessee at the address specified in the permit or the last known address.
(4) If the owner of lessee of the premises upon which the sign is located has not demonstrated to the satisfaction of the Zoning Administrator or designee that the sign has been removed or brought into compliance with the provisions of this subchapter by the end of the notice period, then the Zoning Administrator or designee shall certify the violations to the City Attorney for prosecution.
(5) The Zoning Administrator or designee may remove any illegal sign which exists or has been re-erected after the expiration date of the notice period, if the owner or lessee of the premises has been issued a compliance notice at least once before for the same violation involving the same or similar sign.
(6) Notwithstanding the above, the Zoning Administrator or designee may cause the immediate removal or repair (without notice to the owner of the sign, or of the property on which it is located) of any unsafe or defective sign or signs that creates an immediate hazard to persons or property, or of any sign which is placed in any right-of-way in violation of § 151.002.
(7) If the city removes all illegal sign pursuant to this section, the city may petition the court to recover the costs, expenses, and attorney fees which the city incurred in removing the illegal sign and in bringing the petition for recovery. If the court finds by a preponderance of the evidence that the city is entitled to recover, the court may order the defendant to pay to the city the amount of the costs, expenses, and attorney fees reasonably incurred by the city, and may enter judgment in favor of the city and against the defendant in that amount.
(F) Prosecution of violations. Every action to prosecute a violation of this subchapter shall be prosecuted in the manner provided in this city code.
(G) Liability for damages. The provisions of this subchapter shall not be construed to relieve or to limit in any way, the responsibility or liability of any person, firm, or corporation which erects or owns any sign, for personal injury or property damage caused by the sign; nor shall the provision of this subchapter be construed to impose upon the city’s officers, City Manager, or the city employees, any responsibility or liability by reasons of the approval of any sign under the provisions of this subchapter.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)
§ 154.137 FLAGS AND FLAGPOLES.
(A) It is unlawful for any person to place or install a flag in any zone except as permitted within this subchapter.
(B) Any person placing or installing a flag shall comply with the following provisions.
(1) A maximum of three flags on any one lot or parcel shall be allowed in any non-residential use.
(2) All residential uses shall not have more than one flagpole per parcel.
(3) No flagpole shall exceed the following heights per specified zone:
(a) Parcels zoned NR, RA, SN, MP shall not exceed 30 feet.
(b) Parcels zoned MU, UC, TD, CP, EI shall not exceed 35 feet.
(4) Flagpoles shall not be placed except within a landscaped setting of not less than 200 square feet.
(5) Illumination of any flag or flagpole shall be in accordance with § 154.130(D).
(6) Nothing in this section shall apply to any flag or flagpole located on any parcel owned or operated by any federal, state, or local government for a governmental purpose.
(7) Flagpoles of height in excess of 35 feet.
(a) A flagpole shall not exceed 35 feet in height, except for those displaying the flags of the Unites States of America or the State of Arizona which may be erected to a height not to exceed 100 feet.
(b) Any lawful flag may be flown in conjunction with the United States and/or the State of Arizona flag(s), shall be flown beneath them and shall not exceed either in size.
(c) No more than one flagpole in excess of 35 feet shall be placed in a mobile home park, a golf course, or on a commercial site.
(d) No flagpole in excess of 35 feet shall be placed on a residential lot.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022) Penalty, see § 154.999
§ 154.138 NON-CONFORMING SIGNS.
(A) Maintenance. Any person owning or maintaining a legal non-conforming sign shall maintain the sign in good condition pursuant to § 154.130(E).
(B) Alterations. It is unlawful for any person owning or maintaining a legal, non-conforming sign or sign structure to alter, reconstruct, replace, or relocate the sign other than to comply with this subchapter, except reasonable repair and maintenance limited to a maximum total of 50% of the sign’s or structure’s reproduction cost as determined from an appraisal by a competent appraiser.
(C) Removal.
(1) Any person owning or maintaining a legal, non-conforming sign shall remove or bring the sign into conformance with this subchapter when:
(a) More than 50% of the reproduction cost of the sign or sign structure has been damaged or destroyed or by any means taken down;
(b) The condition of the sign has deteriorated to such an extent that the cost of repairs exceed 50% of the reproduction cost of the sign or sign structure as determined from an appraisal by a competent appraiser; and/or
(c) The use of the sign or the property on which it is located has ceased, become vacant, or been unoccupied for a period of six months or more.
(2) In the event any of these should occur, the sign shall be presumed to be abandoned and shall be removed by the owner of the property, his or her agent, or person having the beneficial use of the building or structure upon which the sign or sign structure is erected within 30 days after written notification from the Zoning Administrator or a designee.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022) Penalty, see § 154.999
§ 154.139 CONFLICT.
If any portion of this subchapter is found to be in conflict with any other provision of any zoning, building, fire, safety, or health ordinances of this code, the provision which establishes the higher standard shall prevail.
(Res. R22-05-08, passed 5-3-2022; Ord. O22-05-02, passed 5-3-2022)