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HomeMy WebLinkAbout1986 09.11 City Council Work Session Agenda (--- 1,,gp. HF✓ tz tzr Z qR/ NP `pity o' &ipache 2uncta•on zo APACHE JUNCTION CITY COUNCIL WORK SESSION CITY COUNCIL CHAMBERS 1001 N. IDAHO ROAD, APACHE JUNCTION, AZ THURSDAY, SEPTEMBER 11, 1986, 7:00 P.M. AGENDA 1. Call to Order 2. Roll Call 3. Discussion on proposed amendments to city code pertaining to yard sales conducted as a business 4. Discussion on liability insurance requirements for city facility use and insurance bond requirements 5. Discussion on city sign code 6. Adjournment Copies of this agenda and additional information regarding any of the items listed above may be obtained from the City Clerk's office, 1001 N. Idaho Road, Apache Junction, AZ, Monday through Friday, 8:00 1.m. to 5:00 p.m. , excluding holidays. Dated this 9th day of September, 1986. "e6the -7t-, 6,..„...ez ._ Kathleen Connelly, City C ik 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 c3( PQACHE✓Gti qR, oNP city o� &ipache &unction Z September 10, 1986 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ACTING CITY MANAGER ek, SUBJECT: CITY CODE AMENDMENT -- YARD SALES Attached for you review is a proposed amendment to the city code pertaining to yard sales. At present, the code requires that any yard sale which operates more than a certain amount of time must be licensed as a business. We have since run into a problem with a yard sale being run on a continual basis posing a problem for area residents with regard to appearance and safety. This item will be discussed at the September 11th work session so that a solution to the problem can be found. kmc 1001 NORTH IDAHO • APACHE JUNCTION,ARIZONA 85220-0190 • TELEPHONE(602)982-8002 III 41i Q.'or,e rless,cr, — 1 et-„c� '.j AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 8 BUSINESS, ARTICLE 8-7 YARD SALES, REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY. III SECTION I IN GENERAL That the Apache Junction City Code, Chapter 8 BUSINESS, Article 8-7 YARD SALES, Section 8-7-3 Conditions Under Which Business License Conducted, be amended by adding Subsection B to read as follows B. Any yard sale licensed as a business under the provisions of this article shall be wholly conducted within a screened or fenced area constructed of opaque materials. All such screened or fenced areas shall be constructed in accordance with applicable city zoning regulations SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the pro- visions of this ordinance or any part of the code adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference is, • for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the remaining portions thereof. III SECTION IV EMERGENCY CLAUSE It being necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, that this ordinance become effective immediately, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and adoption. APPROVED AND ADOPTED THIS DAY OF 1986, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, SIGNED AND ATTESTED TO THIS DAY OF , 1986 NORMAN S. HILL Mayor ATTEST: KATHLEEN CONNELLY City Clerk III APPROVED AS TO FORM: DAVID F ALEXANDER City Attorney I ,, - l C ORDINANCE NO 441 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, CHAPTER 8 BUSINESS, BY AMENDING ARTICLE 8-7 YARD SALES, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS SECTION I IN GENERAL That the Apache Junction City Code, Chapter 8 BUSINESS, Article 8-7 YARD SALES, be amended to read as follows ARTICLE 8-7 YARD SALES Section 8-7-2 Regulations A. Yard Sales shall only be conducted by the owner or resident of a specific address and only for the purpose of selling miscellan- eous merchandise at retail B. Yard Sales shall be limited to no more than four (4) times per calendar year per address at a maximum of four (4) days each time C. At no time shall any Yard Sale be permitted to operate if, in the judgement of the Director of Public Safety, such operation is deemed detrimental to the public health, safety or welfare ( I Section 8-7-3 Conditions Under Which Business License Required Any individual operating a Yard Sale in excess of the number of times permitted under 8-7-2(B) shall be considered to be operating a business and shall be required to obtain a valid business license in accordance with the provisions of this Chapter. SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code aodpted herein by reference are hereby repealed SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the remaining portions thereof SECTION IV EMERGENCY CLAUSE It is necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, that this ordinance become effective immediately, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon passage and adoption APPROVED AND ADOPTED THIS 5TH DAY OF NOVEMBER , 1985, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. ORDINANCE NO. 441 PAGE ONE OF TWO 0,61/4 SS/cm IL 2 T (. /_In Co04-) ORDINANCE NO. 292 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING "THE CODE OF THE CITY OF APACHE JUNCTION, ARIZONA, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE," BY AMENDING "ARTICLE 21"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THAT: SECTION I IN GENERAL "The Code of the City of Apache Junction, Arizona, Volume II, Land Development Code, Chapter 1, Zoning Ordinance," shall be amended by amending "Article 21" to read as follows "ARTICLE 21 SECTION 21 00 SIGN CODE SECTION 21.01 TITLE SECTION 21.02 PURPOSE SECTIONS 21 03- 06 INTERPRETATION AND SCOPE SECTIONS 21.07- 10 EXCEPTIONS, PROHIBITED SIGNS, AND SIGNS NOT REQUIRING A PERMIT SECTION 21.11 DEFINITIONS SECTIONS 21 12- 23 GENERAL PROVISIONS SECTIONS 21 24- 28 PERMITTED SIGNS BY ZONING DISTRICT SECTIONS 21.29-.33 TEMPORARY SIGNS SECTIONS 21.34-.35 OFF-SITE SIGNS (BILLBOARDS) SECTIONS 21.36-.37 NONCONFORMING SIGNS AND USES SECTIONS 21 38- 42 PERMITS SECTIONS 21 43- 46 CONDITIONAL USE PERMITS SECTIONS 21 47- 51 VARIANCES AND APPEALS SECTION 21.52 DESIGN AND CONSTRUCTION SPECIFICATIONS SECTIONS 21.53-.55 SIGN MAINTENANCE SECTIONS 21.56-.60 ENFORCEMENT Section 21 01 TITLE This Article, in conjunction with the "Uniform Sign Code," shall be known as the "Sign Code of the City of Apache Junction, Arizona." Section 21 02 PURPOSE The purpose of this Code regulating signs of all types is to. (a) preserve and protect the public health, safety, and welfare within the City of Apache Junction; (b) encourage development of private property in harmony with the desired character of the City while providing due regard for the public and private interests involved; (c) to promote the effectiveness of signs by preventing their overconcentration, improper placement, and excessive size; (d) to enhance the flow of traffic and convenience, ease, and enjoyment of travel within the City; (e) to protect travelers in the City from injury or damage as a result of distraction or obstruction of vision attributable to faulty construction or improper situation of signs within the City; (f) to accomplish the City's General Plan goal of creating a safe and attractive community environment, (g) assure that public benefits derived from expenditure of public funds for the improvement and beautification of streets and other public structures and spaces shall be protected by exercising reasonable controls over the character and design of private structures, and (h) to provide an improved visual environment for the citizens of and visitors to the City of Apache Junction, Arizona. SECTIONS 21.03-.06 INTERPRETATION AND SCOPE Section 21.03 The Zoning Administrator shall be responsible for the inter- pretation of the Sign Code His decisions may be appealed to the Board of Adjustment. Section 21`04 - The-most current edition-, adopted for use by the City of Apacne Junction, of the Uniform Sign Code published by the International Conference of Building Officials and the standards and provisions contained therein are incorporated as part of this Code. Where a conflict exists between the provisions of this Code and the Uniform Sign Code, the provisions of this Code shall apply. For items not specifically addressed by this Code, any applicable provision of the Uniform Sign Code shall apply. Section 21.05 Where there is a conflict between the provisions of the Sign Code and provisions of other regulations of the City of Apache Junction, the more restrictive shall apply Section 21 06 The provisions of this Code shall apply to the erection, construction, 'alteration, use, location,-and maintenance of all signs within the City off Apache Junction; except as specified in Sections 21 07- 10 SECTIONS 21 07— 10 EXCEPTIONS, PROHIBITED SIGNS, AND SIGNS NOT REQUIRING A PERMIT • Section 21,07 Exceptions CThe provisions of this Code shall not apply to: a. Flags, pennants, or insignias of any-nation, state, county, -city, or other political unit r b Tablets, grave markers, headstones, statuary, or remembrances of persons or events noncommercial in nature. c Works of fine art when not displayed in conjunction with a commercial enterprise which may derive direct commercial gain from such display. d. Temporary decorations or displays celebrating the occasion of traditional accepted patriotic, religious, or local holidays or events. e. Temporary signs for events of a general city-wide civic or public benefit f. Signs not visible beyond the boundaries of the lot or parcel upon which they are located, or from any public right-of-way or thoroughfare, providing that such sign does not constitute a traffic hazard. g The erection, construction, and maintenance of official traffic, fire, and police signs, signals, and devices 1 and markinos of the State of Arizona, and of the City of Apache Junction, or any authorized public agency, nor the posting of notices as required by law h. Nonilluminated directional or informational signs of a ORDINANCE NO 292 PAGE 1 of 21 public or quasi-public nature, hut not including directions to commercial establishment, .;hich do not exceed six (6) square feet Section 21.08 Prohibited Signs Sians which are prohibited under this Code, .xcent as noncon- forming uses, include a "A" frames and portable signs of any nature, other than provided in Sections 21 29-.33 of this Code b Outlining of a building by means of exposed neon tubing, exposed incandescent lighting, or other exposed artificial lighting. c. Vehicle signs, except for standard advertising or identification markings which are painted on or permanentif attached to a business or commercial vehicle d. The use of a fixed balloon as a sian The term "fixed balloon" shall mean any lighter than air or gas filled balloon attached by a rope or teather to a fixed place, except as provided in Section 21.07(d) and (e) Section 21 09 In no case snail any sign a. Be animated, audible, rotate, or have intermittent or flashing illumination. Exempt from this provision are alectric public message changes b. Be located within five feet (5') of an interior property line. c Be erected in a public easement or right-of-way or project into a public easement or right-of-way o. Be erected in a location prohibited by this Code. e Be erected so as to prevent free ingress to or egress from any door or window, or any other exitway required by the current edition of the Uniform Building Code, or by the Fire Department Regulations f Be attached to any public utility pole, or structure, light pole, lamp, lamp post, tree, fire hydrant, bridge, curb, sidewalk, or other surface located on public property. g Be attached to a standpipe, gutter drain, or fire escape, nor shall any sign be erected so as to impair access to the roof of any building or structure h Be erected in any location where by reason of its location will obstruct the view of any authorized traffic sign, signal, or other traffic control device Nor may any sign by reason of its shape, position, or color interfere with or be confused with any authorized traffic sign or device. No sign shall be erected in a location where it will obstruct vision of the public right-of-way to the vehicle s operator during ingress to, egress from, or while traveling on said public right-of-way Further, on any corner lot, no sign shall be erected or maintained within twenty feet (20') of the property corner so as to interfere with traffic ORDINANCE NO 292 PAGE 3 of 21 (17 risibility across the corner. noerate .ar employ any sterenptican it mntinn picture .;rnjeLtten or media in conjunction with any advertisements or nave visible moving parts or any portion of which moves or Gives the illusion or motion, except as nermirted in this Tde Emit audihie sound, caor, or visible matter. Section 21 10 Slans l:nt Reauir?na a Permit The foliowina signs shall not require a sign permit Tnese exceptions shall not be construed as relieiina the owner or the sign from the responsibility of its erection and maintenance, ,rid its compliance with me provisions of this ,ode or any ether law or ordinance regulating the same. a 'Jame plates b. One (1) sign per house, tao (2) square feet or less in a single-family residential district giving toe occupant's name ::nd/or house number c The chancing of advertising copy or message on a painted or _. _ printed sign only. Except for movie theatre marauees and similar sians specifically designed for the use of replaceable copy, electric sinns snail not be included in this exemption d. Standard sian maintenance includina carntina, repainting, or • leaning at an advertising str.irture, r rhC cnanaino of toe advertising ccoy or messaoe tnereon, unless a structural chance is made e. Temporary signs as permitted in Sections 21.29(a) and 21.31(a) of this Code. f Sians erected during the Cnristmas holidays as identification of temporary sales areas for 'hrJstmas trees and other holiday items, such sinns shall not be erected before Thanksgiving Day, and shall be removed prior to New Year's Day SECTION 21 11 DEFINITIONS For the purpose of this Code, certain words and terms are defined as follows Words used in the present tense include the future; words in the singular number include the plural, and words in the plural include the singular number The word "shall" is mandatory and not permissive, the word "person" includes individuals, partnerships, corporations, clubs, or associations ABANDONED SIGN shall mean a sign which no longer correctly directs or exhorts any person, advertises a bona fide business, lessor, owner, product, or activity conducted, or product available on the premises where such sign is displayed. ACTION SIGN shall mean the movement of the sign body or any segment thereof such as rotating, revolving, moving up and down or any other type of action involving a change in position of the sign body or segment thereof whether caused by mechanical or other means. ORDINANCE NO. 292 PAGE 4 of 21 ^ r� ANIMATED Sit,N shall mean the movement of aiy ',cent used in connection :vith any scan sucn as blinking, traveling, f'ar'r'n, or cnanginn JegreF' of intensity or my l'^ht movement other than bnrninn rontiniously ARChITECTURAL P°OJECTION shall lean a marauee, porch, canopy, f ther similar architectural protection extending beyond tc'e floor a-ea ATTACHED SIGN shall •^ean Inv ti'in .rnt-h i; 7astenod, ittacher,, connected, or supported in mole or ,n part by n built♦inn or struct,. - other than a sign structure which is suoported wholly oy the arnunu. 3ANNER shall mean a temporary sign of fabric, "astic, paper, or other light pliable material not enclosed in a rim.) frame, rut ,-ounted so as to allow movement of the sign by atmospheric conditions BLOCK shall mean at least six hundred teet (bOO' 1 of street f'ontage including right-of-way. BOARD shall mean the Board of Adjustment of the City of Apache Junction CHANGE PANEL SIGN shall mean a sign designed to oPrmit ,mmediate chance of copy rnich may be other than the name or the business CITY snail mean the City of Aoacne Junction, Arizona COMBINATION SIGN shall mean any sign incorporating any combination of wall, projecting, detacned signs, and roof signs. COUNCIL shall mean the City Council of the City of Apache Junction CURB LINE shall teen the ? one at `he face of toe curb nearest the street Jr roadway. .n the absence of A cure, tre curb line shall be established by the City Engineer DETACHED SIGN shall mean any sign supported .,holly by toe ground or by a structure in the ground (pole sign). DIRECT LIGHTING shall mean a sign designed to ororioe artificial light through exposed iignting on the sign race, sucn as neon DIRECTORY SIGN shall mean a sign designed to show the relative locations of the several commercial activities within a shopping center or other multi-tenant development ELECTRIC SIGN shall mean any sign or advertising device containing electrical wiring, but not including signs illuminated by exterior light source FMBELLISrIMENT shall mean letters, figures, characters, or represen- tations in cutouts or irregular forms or similar ornamentation whether or not attached to, affixed to, or superimposed upon advertising signs. FASCIA shall mean a parapet type wall used as part of the fascia of a flat roofed building and projecting not more than six feet (6') from the building face immediately adjacent thereto. Such a wall shall enclose at least three (3) sides of the projecting flat roof and return to a parapet wall or the building. FLASHING SIGN shall mean an illuminated sign which exhibits changing light or color effect by blinking or any other means so as to provide inconstant illumination. ORDINANCE NO. 292 PAGE 5 of 21 044 s——s rREE'WAY snail mean a highway in resoect to •.vhicn the owners of the abutting lands nave no rignt or easement of access to or from their abutting properties or in respect to which such owners hare only limited or restricted right or a;er'ient of access. the prec'se route or which nas been determined and designated as a freeway by an 'uthorized agency or the State or a poiit,ral cuodl" ' ion 'hereo- rha !efi 'hall 'lclude the "fain . aieled nrfion (, 'e 'At ' pia', li ' . situated within the 'gbt-of-,,ay, and ail $ 'nos lnd appurtenant and and structures FRONT FOOT of a building (or parcel of landi snail mean the maximum width measured on a straight line parallel to the street ILLEGAL SIGN snail be defined as all signs, except the following a. Allowed by this Code and not requiring a permit b Allowed by this Code with permit, <nd carrying a valid oermir c Not allowed by this Code, but which has been legalized by a variance ana proper permit. d. Allowed by this Code subject to a Use Permit or a Conditional Use Permit, providing the oermit has been granted and a proper permit is in force. e. tiny of the preceding, the permit for which has not been revoked by the terms of this Code r A nonconforming sign as defined in this Cade INTERNAL LIGHTING shall mean a source of illumination entirely witn,n the sign which makes the sign content visible at niont by , pans of the light being transmitted through a translucent material, but wherein toe source of *he illumination is not visible. INTERNAL - INDIRECT LIGHTING shall Tean a source of illumination entirely within the sian, nenerali•i a free standing letter, which makes the sign visible at night by means of lighting the background .eon which the free standing character is mounted Toe character itself shall be opaque and thus will be silhouetted against the background. The source of illumination shall not be visible LOW PROFILE shall mean a sign not to exceed eight feet (8') in height as measured from the existing curb or sidewalK grade. MAINTENANCE shall mean the replacing or repairing of a part or portion of a sign made unusable by ordinary wear, tear, or damage beyond the control of the owner. MARQUEE shall mean a permanent roof-like structure extending from part or all of the building face over a public right-of-way and constructed of some durable material, such as metal, glass, or plastic NONCONFORMING SIGN shall mean any sign which is not currently allowed under this Code, but which when first constructed was legally allowed by the City or the political subdivision then having the control and regulation over construction of signs NONSTRUCTURAL TRIM shall mean the molding, battens, caps, nailing strips, latticing, cutouts, or letters and walkways which are attached to the sign structure ORDINANCE NO. 292 PAGE 6 of 21 'iFF-SITE SIGN (Billboard) shall mean a structure portra_yinn rfor'nati'n whicn directs attention to a bosiness, commodity, ,re, anter- tainment, Der 'Ir oduct not r l ated to the we "xictinn cr toe premises upon which the sion is located ON-SITE SIGN shall nean a sign directing attend n • business, commodity, service, Or entertnn"rent conducted :0' i, rFr.d ,pon the same premises as those 'lpon wnirh the Sinn • naintainen OUTDOOR-T(PE BUSINESS shall mean a business where all jr most of t •e ousiness is conducted, or items displayed ,n an open ,rea, and vhi, h are allowea under the Apache Junction Luninn Ordinance PARAPET '-ALL snail mean a wall ontending anove the r'o' line cf building PARCEL shall mean a parcel of land shown on a suodivision 30, rPrord of survey map, parcel map, or a parcel described by metes and pounds which constitutes a development site whether -cmposea of a s.nale in*z of land or contiguous units under common ownership PERMANENT SIGN shall mean any sign whicn is intended to oe and Is so constructed as to be of a lasting and enduring condition, remaining unchanged in character, condition (beyond normal ,ear>, id position, provided the sign is listed as a permanent sign in the Ordinance. PORTABLE SIGN shall mean any sign not permanently affixed to the ground or a structure on the premises it occupies PROJECTING SIGN shall mean any sign attached to a building or other structure ana extending in -mole or in part more than ,'i`teen inches (15") from the wall or structure . tREADER BOARD shall mean a business sign listing churco services, i stating religious activities, or those allowed by a lirec-o-. sion POOP LINE shall mean the hionest point of toe rain roof st-ucture ana • not to include cupolas, pylons, prolect,ons, Jr minor raised portions of the roof ROOF SIGN shall mean a sign erected upon or abode a root or parapet of a building or structure. SETBACK AREA shall mean the open space area defined it the Zoning Ordinance of the City of Apache Junction under front, side, and rear yard setbacks. SHOPPING CENTER shall mean a commercial development whereupon there are located a number of separate commercial activities in which there are appurtenant shared facilities, such as parking and pedestrian walkways, and which is designed to provide a single area in which the public can obtain varied products and services Distinguishing characteristics of a shopping center may, but need not include, common ownership of the real property upon which the center is located, commonwall con- struction, and multiple occupant commercial use of a single structure SIDEWALK shall mean that portion of the public right-of-way between the property line and the established street curb whether paved or not. SIGN shall mean any device for visual communication ti'at is used for the purpose of bringing the subject thereof to the attention of the public, but not including any flag, badge, or insignia of any iovernment or aovernmentil igency, and further not including any item of merchandise normally displayed within a show window t merchant ORDINANCE NO. 292 ?AWE 7 of 21 r-r The 'Prm "Sion' tall can trio • _l,l ,e :Iv 1., )1aY ,t'.-r r,umera more, hem, o,, t .P, ,r rm.!! P anything in parr ^p,ra ton ;.y a,iv ,an; �ier,'ni , ,e , r.? made visible to r, -+y., ? tot )r- • ' ?; outdoors to ,nakP n ire, n, t, r n attec.ned Cl, ,r , 3 I ,;!ct ' _ t r. 1(1'i, It 'OS •'i'_ .attn a, ,i i„ t, .nt or part•-,i , r rc • STGN H ICHT sial' mean the ,w"ti al .iicrince ,'easIirnn ,--'nt -t,-eec ra<.1c or toper ,or- r „1r P - greatest ''eight, to tie highest ot )• SIGN STRUCTURE shal i mean „ry s'r c ,rP Su onr s • t, - supporting any sign as defined in tits a sag^ , r r -„re lay , , single pole and r"a/ or may not be an ,tegral girt ' r tho -iildinn. STRUCTI'E shall mean that which is built ar o,nstrricted, ,n edit e building of any <ind or piece of vork 'rtifirlilly bull' :i or tp.nccn of parts ,oined together In some aerintte ,r,ner TEMPORARY SIGN shall mean an sl ,n, .:goner, ennant. ! 3�c advertising display constructea of d'•on ,. , anyes, , IL r: :r t, cardboara, Nallooara, or otner ii-e ,Tateriii, :Iith ,r •,t:nout 'rtmes, ,ntended to be displayed for a snort ' rice of 'ire only. U 8.C. STANDARDS shall :wean me standards as Set rnrrh -n th. rip-r.nt -dition at the Uniform Eut ,ding Lade adopted for use ov :he pit - - ':oacne ounction i1NIF3Pt" nUILDi 'G C3'°E Snell 'men '.'e aria' 3uilding Code or `ne I,it, at .oacl,e v'inC'- . i UNIFORM SIGN CODE shall mean the most current edir'nn, ; opted for „se _y the City of Apache Junction, Jf the Jnito'' „rn cuoiisnec • • the international Conrerence or 3 -,,no u,tsc-.al, IEHICLE "IGN shall ,n;ean signs ,ou^tea ,.00n, ;aimed_ uoo^, other vise erected on a trailer, *ruck, automobile, Or .ither •;enlcie so park"o or °laced so that the signs thereon are vlsibl_' um a pupil._ street or right-of-way. WALL MOUNTED shall mean a sign mounted flat against, or painted on the wall of a building or structure with the exposed face of the sign in a plane paraliel to the face of said vall No wall mounted sign shall be located above the top plate or protect more than fifteen inches (15") from the wall WINDOW SIGN shall mean any sign affixed to the interior or exterior of a window, or any sign located inside a building within six feet (6') of the interior side of the window and displayed so as to attract the attention of persons outside the building SECTIONS 21.12- 23 GENERAL PROVISIONS Section 21.12 The location of signs shall be governed by the provisions of this Code and need not comply with yard requirements as established elsewhere in the Apache Junction Zoning Ordinance, unless specitied by this Code. Section 21 13 ORDINANCE NO. 292 PAGE 8 of 21 0114 Co rcnes, civic oroaniz3t ions, ind orner Institit ions s jall F. permitted Signs 'n accordance with the multiple-f-nlly r , ntiai district section of this code Section 21 14 If i Si^n is indirecly illuminated, e <nurce ,_' 1. ,;%>! on shall r•nt de ' isible havond the ,ot houndarr 'F a ;'rn i, ,re'"ri illuminated, tie source of iliuminat; in %tali not r.•e visible rn inv residential district adjacent to the lot or parcel on which said s;nn is located. Section 21.15 A comprehensive sign plan may he submitted by the deietroers or a proposed commercial development which will occupy the entire trnntige of one or ^ore block fronts, or by the develooers of a proposer shopping center Latch a plan shall inrlu.ie the locations, ire height, color, liohtinq, and orientation of all proposed signs, ,o addition to any other information deemed necessary and may he submitted in conjunction with the required site plan ror the development it rh,= comprehensive site plan is found to be acceptable, axceptions to c`e provisions of this Code may be granted i* the sign areas and densities shown on the plan are in conformity with the intent of this ' ode, ,ed if such exceptions result in an imoroved relationship between the various parts of the plan All comprehensive sign plans ,hall requite Conditional Jse Permits, Section 21.16 A sign I )cated on, under, attached to, or an inteorli parr of art architect;ral projection shall conform to all tee fol a•iina recu- lations a A sign attached to or 'mich is an irtPnrel h -t rt the face rf an arcnitectural projection 'lay extern a laxmnurn or four -eet (4') above or below the face of sain orniection h A sign may be placed below and may he supported by an architectural projection of a bu,ldina men suci crollection designed to carry the additional weiont or such signs. c. Any sign attached to or located on an architectural projection shall not be located less than eight feet (8') above a walkway, surfaced area, or ground level below such signs. d. No sign may be erected on or attached to an architectural projection in such a manner as to constitute a hazard to firemen climbing a ladder placed against such architectural projection, e No sign shall occupy more than seventy-five percent (75%) of the fascia section or parapet wall on whicn it is erected. Section 21 17 All projecting signs must be double-faced. Double-faced signs shall have a maximum of twenty-four inches (24") between faces. Section ?1. 12 For corner lots in the commercial and industrial zoning districts, the following requirements shall apply- a On corner lots, the maximum allowable number and square ORDINANCE NO. 292 PAGE 9 of 21 /, ^ 4P—z rootage of ,n-site signs is lermitted for each street Frontage nun :r ax 1 num a I; hlances, i•o'wev r, ire not cransterabie pl`her n -^noia i' l 'part ` orn one ,t reet r,nr lc.e t, in'•tler. b. ", nuildincs tivirg ..ore than onp .,rroet --nntigP, the -a,i'u" 9 1-.ape . uher nd .'ware r"ntlie of ''-S1ra' it oor",irr,=;, - r r. n nul idlfa l rnnLage ''..cuoanCy. .lid laxl''U,9 al l'I4alke, "owey?r, 'S not rranstprable either I- whole or in part from one building frontage to another nor from one occupancy to another occupancy c mien a sign is erected •'t the street intersecticn corner ,f a parcel, or at the inrprs.ction of a building rronr, and is situated at an angle so as to be visible trom onrn stets or both frontages, said sign shall not exceed tre r'aximum area allowed for the longest front footaoe of building occupancy or street frontage fie crea of sure shins snail be deducted from the total area and number of dons permissable on said property Section 21 19 Area of Sinn a The area of a sign is the entire area Within a single contiguous perimeter composed of parallelograms, circles, ellipses, trapezoids, and triangles, or a combination of two (2) of the above or regular portions thereof per sign panel which enclose the extreme limits of the advertising message, announcement, declaration, demonstration, aispia,r, illustration, insignia, sjrrace, or space Jr a similar iature, together with any frame of other material, color, or C condition which forms an integral part of the display ano is used to differentiate such sign frog the wall nr hackground against which it is placed. excluding the necessary supports nr uprignts on which such sign is placed. ,anere a sign .,as two or more faces, the area of all fares shall oe incluo-d in determining the area of the sign, except that only one f- of a double-faced sign shall be considered in ,leterminino the sign area, provided that both faces are parallel and the distance between taces does not exceed two feet (2') b Further, 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 components are without intergrated background definition and are not within a circumscribed frame area, the total area of the sign shall be the sum of the areas of the squares or rectangles surrounding each individual sign component c Where statuary, either real or simulated, is used as a sign, the area of said sign shall be the sum of the areas of the three (3) vertical sides of the smallest polyhedron encompassing the figures that are most visible from the public right-of-way. Said signs shall be low profile and are permitted in addition to allowable freestanding signs subject to the provisions of Section 21.23 of this Code. Section 21.20 A detached sign may consist or more than one sign panel provided all such sign panels are attached to one common 'rtegrated sign structure. The total area of all such panels shall not exceed the ORDINANCE NO. 292 PAGE 10 of 21 maximum illowaole sign area s(,ecif'oh rnr a letarec .pan n said parcel. nere a s gn • ,?nS1Sr, --,larltc n1 '•, 1 ' )a1 letters, modules, or s '"nbnls, eacn portion 1' c'ld = Shall of ,e consirer'ri as one on •enel ' .. '1 ( '.es r. n- nuous perimeter completel r surrounoi^a i''e in essige determine its sign Brea. Section CI In the commercial and industrial _on'.iq districts, ) .ore than two (2) permanent signs -iav be painted or otherwise hi=n ',mod =rom 'MP • surface of any window, showcase, r other ' ii,r 'r -he ,1-01 of such signs shall not exceed twentv-riJ- percent . ,ne 'Fes of the window on which displayed TIP area of said ons -nail 3A deducted from the total allowed s,nn area. Section 21 22 Roof signs shall he permitted in all , ommerciai _'d :^!''us`" =1 zoning districts as Follows a Signs shall be attached to the fascia or or •scared Ln t.a sloping portion of the roof :f a structure, r,.t ^a.v not extend more than four feet (4') above the lower ,dge of •^e fascia of said roor h Signs may be attached to the face of a parapet wall, our oar not extend more than four feet (4') above_ the h arrest poir* of said wall. c '-eight of roof signs other than the above shall not exceed hirtr percent (30%) of the heignc •r roe nuilc;^a on wnirn .,aid sign .s located. reignt of said buildino ann sign snall be measured at the roof line d All roof signs shall oe installed In such a ^anner -hat triPre are no iis,ole angle iron suppo^ts guy wires, aces, „r • secondary supports. Sinn supports ;nail appear to oe an architectural or integral part of said roof scan. Section 21 23 Statues either real or simulated, used for advert s'ng purposes may be permitted in commercial and industrial districts with a Conditional Use Permit Said statues shall be low profile and the area of said statue shall be deducted from the total allowable sian area SECTIONS 21.24- 23 PERMITTED SIGNS BY ZONING DISTRICT Section 21 24 In Single-Family Residential Districts and Single-Family Residential Uses in other districts a One (1) illuminated or unilluminated sign per house, not exceeding two (2) square feet in area, giving the name and address of the land or building on which displayed, or the owner or leasee thereof. Said sign shall be wall mounted, on or under an architectural feature, or low profile. b. For permanent subdivision identification signs For recorded subdivisions, two (2) low profile signs with a maximum area of thirty-two (32) square feet per sign Section 21 25 ORDINANCE NO 292 PAGE 11 of 21 0.4, eith 'n •lultipte-Family Residential Districts and , am 1 Residential Jses in other iistricts • a :one (1) illuminated or onilluminar,t si.in nor nmr, not exceeding two i_) -ouare root ,o • et ,i„ ni h lame ann address Cr th. ,,.,P ni , : solo ea `he ':Jner ,r .C isoe r',ere'r .a l 1 o l t! iounted, on or under an trrnitecturai telft„-e, low orc*fil=• D. 7dentiftcation signs for apartments 'nd condomtn'vn complexes :s -rilows' . ) One (1) illuminated or unilluminated sign oer lrt or parcel not exceeding thirty-two 02i square rilet n area giving the name, address, and use conducted on the property ? Said sign shall be wall mounted, on or under an • • .:rchitecrural feature, or low profile. 'ow crofi'e, said sign may be double-racea. Section _i 25 .n the -'obile Home ParK/Recreational Vehicle Para/Recreational vehicle Supdivision Districts a ;ne (1) illuminated or unilluminated sign per dwellino, rot exceeding two (2) square teet in area, giving the name and =:dress of the land or building on which displayed, or the ner or 'easee thereof ;,aid s,on shall he wall :-punted. •r low profile. b -ro (2) illuminated or unilluminated signs per park or subdivision not exceeding thirty-two ' ??) square ceet in • area per Sian giving the name, address, and use conductea an the property Said sign shall he wall mounted, on or under an arcnitectural feature, or low profile .t tow prorile, Salo sign may be double-tacea Section 21 " Commercial Districts Within the Commercial districts, signs indicating the business, commodities, service, or other activity sold, offered, or conducted on the premises are permitted as follows' a One (1) detached sign for each developed lot or parcel, not exceeding one (1) square foot of sign for each lineal foot of street frontage abutting the developed portion of said parcel or lot, provided that • 1) Detached signs shall be low profile. 2) No detached sign shall exceed a total area of two • hundred (200) square feet per sign face b. Two (2) attached signs for each occupancy. Signs shall not exceed two (2) square feet of sign area for each front foot of building occupancy. Said signs may be roof, wall, or window mounted, on or under an architectural projection. +o attached sign shall exceed two hundred (200) square feet in total area. c Each occupancy shall be allowed at least thirtv-tvo (32) square feet or total sign area ORDINANCE NO 292 PAGE 12 of 21 C Section 21 23 Industrial Districts . Signs indicating the ousiness, commodities, service, or otr,er a..tivit/ sold, offered, or con'urted on the ore"rises .ire permitted as follows a One (1) detached sign for each developed lot or Darrel, hot exceeding one (i) square root or sinn area fnr eacn 1 neal foot of street frontage abutting the developed portion of said parcel. 1) Detached signs shall he low prori'•e 2) No detached sign erected in the 'ndustrial District shall exceed a total area of two hundred (200) square feet per sign face. b Two (2) attached signs for eaco occupancy. Said signs shall not exceed three (3) square feet or total sign ror eacn front foot of building occupancy Said signs mav be 'oot, wall, or window mounted, on or under an architectural projection SECTIONS 21 29- 33 TEMPORARY SIGNS Section 21 29 Real Estate Signs a Nonilluminated signs not exceeding eicnt (8) square feet in area pertaining only to the lease, sale, or r�nfal ,f the land or building upon whicn displayed are permitted in ail zoning districts Maximum neight cr such signs shall mot exceed sixty inches (60") above (ride One such sign shall be permitted for each parcel or 'ot, except on corner lots, where two (2) signs per parcel shall be nermittee one (1) per street frontage Said signs snail Ne removed witnin ten (10) days arter lease, sale, or rental of the property has been accomplished. b 'There the property being advertised for lease, sale, or rental contains more than one (1), but less than ten CIO) acres, one (1) nonilluminated sign not to exceed twelve (12) square feet in tdtal area pertaining only to the lease, sale, or rental of said property is permitted. If said parcel is a corner lot, two (2) such signs shall be allowed, one (1) per street frontage Maximum height of such signs shall not exceed eight feet (8') in height, nor shall said signs be erected within ten feet (10') of the public right-of-way Said signs shall be removed within ten (10) days after lease, sale, or rental of the property has been accomplished. c. Where the property being advertised for lease, sale, or rental is zoned for commercial or industrial use and contains less than one (1) acre, one (1) nonilluminated sign not to exceed sixteen (16) square feet in total area pertaining only to the lease, sale, or rental of said property is permitted Where the property is zoned for commercial or industrial use and contains at least one (1) acre, but less than ten (10) acres, one (1) nonilluminated sign not to exceed thirty-two (32) square feet in total area pertaining only to the lease, sale, or rental of said property is permitted. If said parcel is a corner lot, two (?) such signs shall be allowed, one (1) per street frontage Maximum height of said signs shall not exceed eight feet (8') in height Said ORDINANCE NO 292 PAGE 13 of 21 r`rr s.:.ns exceeding sixteen (16) square feet in area shall cot he erected within Twenty r'et '.'3'I ,f the oubl ,: r ^ht-r'-,ey, Ind said signs not exceeding _, xteen \:o) square -eet not be erected :•,Ithin ten feet i.10') at the pupils ^1^nt-n'-way raid si-ns shall be removed r'`hin ten (10) days after re<e, .,r r antal .. he7 noerty r'g5 ;-zn• .en the er" as-or, ivertis',1 ease, iP r to .',nta ns ten i 1Qi or rare acres, r'' rnni I1 JiinaCnd S: 'n to exceed thirty-t';o (32) square fa?t in area nertainiro ; to the lease, sale, or rental „f sai•.1 arnpert: !' nerrl'rted n all zoning districts _gad .p .Tel :5 d corner 'at, 'wo (2) sucn signs shall he ailexaea, ,ne (1' ier street °rnntage 1aximum height of said s p-s shall -ct exceed eiont feet (8') above arade, with said si"n rot to be erected within t.enty feet (20') of the public right-of-.say the or^Derti for .ease, sale, or rental nas n excess of three nunared feet (300') of street frontage, one (' ) ada'tional sign r,ay ce erected for each additional three nun•ired feet '300') street frontage in excess of pre -1r[t three hundred feet (300'), with said signs to •iaintein iinl'mr" °oa_ina of three hundred feet (300') "aid sings s''all be removed within ten (10) days after ease. sale, or rental of the property has been accomplishes. e '7pen house directional signs not to exceed eight (3) square __. __feet_ in area aha.3 r•n.itted in all zoning districts, proviuea they are nonill..-n.nated and used only /hen a salesperson is or duty at the property for sale -aid signs lay be double- 'aced and rnai 1 ^,_t ;e located 'A tre c..pl it r ^nt-of-way r create a tr.rtic hazard raxi-nuri or three ' s.ach `.ions are pe"mitten for each home, dr group of '1•,res in a ,ubdivision, for sale. Section 21 30 Politiral end Campaian Sians °olitical ana campaign signs on behe'f ;f candidates for public office or '"easures on primary, general , or special election be lots are permitted in all zoning districts suoject to the following regulations a maid signs shall not be erected earlier than sixty (50) days prior to the said election and snail be removed within ten (10) days follo•lina said election b. The persons, party, or parties responsible for the erection or distribution of any such signs shall be jointly and individually liable for their removal c. In any residential district, only one (1) detached sign is permitted per lot or parcel Said sign shall not exceed ten (10) square feet in area or six feet (6') in height. Further, said sign shall not be located within ten feet (10') of the public right-of-way d. In any commercial or industrial district, one (1) or more detached signs are permitted per lot or parcel, providing that such signs do not in aggregate exceed fifty (50) square feet in total sign area Said signs shall not exceed eight feet (8') in height or be erected within ten feet (10') of the public right-of-way Section 21.31 Contractor and Subcontractor Signs C ORDINANCE NO 292 PAGE 14 of 21 Signs uesianatinq the contractor or .uucontroctor encaopa rr -ne : onstrcirtlon or 'parr the pui rdin o o -ui l cn i, rr. oarcel of property shall pe ilinwed in all zoning districts . a "Ine i1' nnnilluminated sian is alinwea per contractor pc ,uocontractor. Said sian shall not exceed eight (31 s'Uer2 'net • 1 area and shall r )t eXCP?d i 'eiont ,Or "nrtf- No ;of-,es b Said sian shall be removed within ten t10) days after toe rloction of the contractor or subcontractor on *he property cs complete r All contractor or suocontractor scans may be consoliaa,.ed on one (,) sign. The area of the consolidated sign is to be calculated at six (6) square feet per contractor or subcontractor listen with a maximum area of thirty-six L S) square feet fa^ six (6) or more contractors icstea. Said sign shall not exceea eight feet (8') in height or he located within ten feet (10') of the public right-of-way d T^e above sign square rootage areas 'ay ne in -eased to maximum of toirty-two (321 square feet of sign area f,r an rrdividual contractor or subcontactor, and ninety-six ::6) square feet of sign area for all contractors and subcontractors with a Conditional Use Permit Section 21 32 Development Signs Signs indicating or identifyina a proposed future development shall ne allowed in all zoning districts. a. The (1) sinale or douole-faced deticned sign is allowed „e. lot or parcel proposed for development, unless such parcel a corner lot in which case two (2) si,ch $inn snail Sie ?ii wed one (1) per street frontage b. Toe face area of each such sign shall not exceed thirty-`•gin (32) square feet for the first acre or portion thereot when the lot or parcel proposed for development exceeds one O.) acre in size, toe combined area of the signs used may increase by five (5) square feet in area for each additional acre or portion thereof, up to a maximum of ninety-six (96) square feet per face. c. Said signs shall not be erected within ten feet (10') of the public right-of-way or exceed a height of fifteen feet (15'1. d. Said sign or signs shall be removed within ten (10) days after completion of the proposed development Section 21 33 Subdivision Sians a Temporary subdivision signs may be located on the site of the subdivision in all zoning districts in accordance with the following schedule' No of Lots in Plat No Permitted Signs °er Site Less than 50 1 50 to 299 2 300 or more 3 h. Said sians shall be removed within four (ul rears, or after all lots in the subdivision are sold, whichever occurs first ORDINANCE NO. 292 °AGE 15 of 21 C c i`.aximum height or said signs snail not exceed t'Yenty tent (20'l ..nd 'in such sign shall be erected within t'n `eet 10') of the puolir r'gnt-of-way �ubdivis'on signs shall ce either single n'- iounle-ra^ed 1nc! no s•Ibdivis'or "'op snail esc'ed one nunnred-s.vcy 10) ,(`ware feet in area per sin race SECTIONS 21 33- 35 OFF-SITE SIGNS (BILLBOARDS) Section 21 34 In accordance Nith the policy of the City to preserve and ennance the character of the City, no off-site advertising structures snail oe erected within the City limits, except as provided tor in .ection 21 35 Section 21.35 Off-site signs may be allowed by Conditional '!se ,ermit -v the Planning and Zoning Commission. Such signs shall have the purpose of directing people to a central location or a limited number ur )cations where ,nformation about the products and services offered in the Aoacne Junction area may be obtained and displayed Such information may be in the torn of maps, brocnures, menus, or similar materials outainable at a Chamber of Commerce or Tourist Bureau location. SECTIONS 21 26- 37 'IONCONFORi1ING SIGNS AD USES Section 21 06 Sims *rr L"oai Nonconforminn uses Subject to the provisions of this Section, signs for a legal nonconforming use as described in the Zoning Ordinance of the City of Apache Junction are permitted. Signs for a leaal nlnccnforminn se snail -e .seemed • to comply with the provisions of this Code if they comply with the sign restrictions for the most restrictive zoning district 'which permits the nonconforming use as an allowed use Such slags shall he permitted as long as the noncontormina use is oermitted. Any such sign legally exist' ia on the effective date of this Code, but which does not comply with t'e regulations of this Code shall be deemed a nonconforming sign under the provisions of this Code Notwithstanding any provisions to the contrary herein, no new or additional signs for a nonconforming use shall be permitted after the effective date of this Code Section 21 37 Signs Rendered Nonconforming a. Any sign which becomes nonconforming subsequent to the effective date of this Code, either by reason of annexation to the City or amendment of this Code, the Zoning Ordinance, or other provisions of the City Code so as to render such sign nonconforming, shall be subject to the provisions of this Code b A nonconforming sign structure shall not be reerected, relocated, or replaced unless it is brought in compliance with the requirements of this Code. c. Reasonable repairs and alterations may be made to nonconforming signs However, if any sign is hereafter damaged exceeding fifty percent (50%) of the reproduction value according to the appraisal thereof by competent appraisers, or is removed by any means whatsoever, including an Act of God, such sign may he restored, reconstructed, altered, or repaired only to conform with ORDINANCE NO 292 PAGE 16 of 21 ^ r--r Itr the provisions of this Code .{ wnenever the name of a business inanges, the ';irns in _remises shall be modified to brine them irto rnnrorminrA with these regulations even thougn the intended r angn is a unange or sign copy only. This regulation snail not inpij to directory signs designed with intercnannanle rrters or panels SECTIOAS ?1 38- 42 ?FPMITS r Section 21.38 permits PPouiren A sign snail not nereafter be erected, re-erected, -onstructed, altered, or maintained, except as provided in this .ode and zfter a permit or the same nas been issued by the Building Offic ai a separate permit shall be required for a sign or signs for eacn ousi'iess entity, and a separate permit shall be required for each arouo of signs on a single supporting structure. n addition, electrical permits shall be obtained for electric signs Section 21 39 Application for Permit Application for a sign permit shall be made in writing upon *orms furnished by the Building_ Official. Such application snail contain the location by street and numper of the proposed sign structure, as veil as the name and address of the owner and the sign contractor or erector The Building Official may require the filing of plans or other pertinent information where in his opinion, such information is necessary to insure compliance with this Code. Standard plans ma✓ oe filed with the Building Official CSection 21.40 Permit Issuance Term a The Building Official snail issue a permit for the erection, alteration, or relocation of a sign within the City when an application thererore nas been properly mane and the sign complies with all appropriate laws and regulations of the City. b Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within sixty (60) working days from the date of such permit, or if the work authorized by such permit is suspended or abandoned for a period of one hundred twenty (120) days or more at any time after the work is commenced Before such work can be commenced or resumed thereafter, 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 in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one (1) year. c The Building Official may, in writing, suspend or revoke a permit issued under the provisions of this Section whenever the permit is issued on the basis of a material omission or misstatement of fact, or in violation of any ordinance or any provision of this Section. d 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 hereafter ORDINANCE NO 292 PAGE 17 of 21 � A OIS constitute a defense in an action to enate a nuisance Section 21 41 hermit -ees Refor, issuina any sign permit equited by tie ' ,de, shall `e paid in accordance with me SLned'il ' 'StaD11-am h? tv CJunc 1 Section 21.42 `;inn Inspecti,n Hri signs for which a permit i,, required snail y•,oi,ect to inspection by the Building Official SECTIONS ?1 43-46 CONDITIONAL l'fE PFR"ITS Section 21 43 Authority for Conditional use 'ermirs a :then a Conditional Use Permit is required by this ode, permit may oe granted at the discretion it the Planning ana Zoning Commission A Conditional i"se Permit is not tie automatic right of any applicant The Commission snail consider all the factors reiatina to the proposed sign and whether such sign will adversely attert OJDllr ieaith, .afet;, and welfare. 5 a Conditional Use Permit for signs larger, higner or greater in number than those alloyed under this Code may be granted ov the Planning and Zoning Commission special circumstances Tarrant it Section 21 44 '+pplicatign f,r a -anditional 'Ise Permit Application `or a Conditional Use Permit for a sign shall be made on forms prescribed by the Commission and shall be acccomoanied by statements, plans, and other related 7aterials ,s ray be deemed necessary to carry out the intent of this Section 1 Section 21 45 Fee fir a Conditional use Permit There shall be a filina fee for a Conditional Use Permit in accordance with the schedule establisned oy the City ,.ounci, to be paid at the time the application is filed. Section 21.46 Hearing on a Conditional Use °ermit A Conditional Use Permit application shall be considered at a public hearing by the Planning and Zoning Commission The Commission may attach conditions to the granting of the Conditional Use Permit when in its judgement such conditions are necessary or desirable to accomplish the purposes of this Section. The Commission may prescribe any conditions it deems necessary in order to carry out the provisions and intent of this Code. SECTIONS 21 47- 51 VARIANCES AND APPEALS Section 21 47 Variances When the strict application of the provisions of this Code would result in unnecessary hardship or would be inconsistent with the purpose of this Code, a variance from the provisions of this Code may oe granted in accordance with the provisions of this Section. Section 21 48 Board of Adjustment a The Board of Adjustment shall have jurisdiction of and is ORDINANCE NO. 292 PAGE 18 of 21 ,iereby charged with responsibility for grantina variances `) the provisions or this Code b The Board :,rail prescribe in connection with any 13' ta^^a u n rc,nartions as the Boara may deem necessary r .,roar '- fully carry out the provisions and intent or r is r.,n , ,,de halation of any such condition s`iall he s it la r, '^0 "ode aid such violation shall render the variance -1,i ,^d Variances as nranted by the Board shall be mid roe is not vested within sixty (60) days or such orentina u^ within the time stipulated by the Board. d. Toe Board snail have the authority to arant a variance tr^^r the provisions of this Code, provided there is sufficient evidence to snow that 1) There are special circumstances or conditions applying ro the land referrea to in the application that do nor prevail on other property in that zone, and 2) The authorizing of the variance is necessary ro^ the preservation and enjoyment of substantial property right, and that the strict application of the regulations wou'l work an unnecessary hardship, and 3) The authorizing of the application will not be materially detrimental to the persons residing or working in the n rim ty of the property, to the neighborhood, or to tie public welfare in general, and 4) That reasonable use of the property cannot be 'iaae without 1(1 approval or the variance. e The Board shall hear and decide all appeals that may be taken by any person, any officer, or department of the City when there is alleged error in any order, requirements, 0^ decision made by an administrative orticial in the enforcement of the provisions of this Code Section 21 49 Use Variances Prohibited No "Use Variance" shall be granted. A "Use Variance" is one which would permit a particular type of sign to be located in a zone in which it otherwise is prohibited Section 21.50 Appeals Procedure a Appeals to the Board may be taken by any person aggrieved or by an officer, department, or board of the City affected by by any decision of any administrative official, within thirty (30) days, by filing a Notice of Appeal specifying the grounds thereof with the Planning Department b. The appeal stays all proceedings in the matter unless the Zoning Administrator certifies to the Board that by reason of the facts stated in the certificate, a stay would cause imminent peril to life or property In such case, proceedings shall not be stayed, except by a restraining order granted by the Board or Court of Record on application and notice to the Planning Department c The Board shall fix a reasonable time for the hearing of the appeal and give notice thereof to the parties in interest ORDINANCE NO. 292 PAGE 19 of 21 and the public Section 21 51 loplicati,n Applications °or .appeal . ina •rrercrerati. ns ,r • ?ri1nre - al" e nade in the Office ,of toe Jepartmeet 'nniin CI 3 r.r•r pr,'ided _herefere. Yoon the F , t ing r,ta, :apt _uta•u• -r • a, -r interpretation, except one Yequested by al ot''c o, e applicant shall pay a filing fee in accordance ,vitn m e nedule established by the City ,.ounci I No part or any ,•ucn r' e snail ba returnable after an application is riled and sucn fee pin SECTION 21.5? DESIGN AJ•0 i ONST2JCTTO: Sf FCT I .+i t�r7� All signs and sign structures shall he constructed the standards and specifications as set forth in tie Uniform Stan Lode. SECTIONS 21 53- 55 SIGN MAINTENANCE Section 21.53 maintenance and Pepair Each sign shall be maintained in a safe, presentable, and nood condition, including replacement ,f defective carts, repainting, cleaning, and other acts required for the maintenance or sa,r sign The Building Official shall require compliance or removal of any Sian determined by said Official to be in violation of this Section or the Code Section 21 54 Abandoned Signs Anv sign whicn s located on property whtcO beelines vacant and unoccupied for a period of three (3) months or gore, or any sign wnich was erected for an occupant or business unrelated to the ^resent occupant or his business, or a sign which pertains to a tine, event, or purpose 'Mich no longer applies, small aared tn nave been aban- doned. Permanent signs applicable to a business temporarily suspended because of a change of ownership or Management or such business shall not be deemed abandoned unless the property -emains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be promptly removed by the owner ^f the sign or the owner of the premises Off-site sign structures shall be deemed as abandoned if left vacant and unoccupied for a period of three (3) months or more Section 21.55 Dangerous or Defective Signs No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a dangerous or defective condition Any such sign shall be promptly removed or repaired by the owner of the sign or the owner of the premises. SECTION 21 56- 60 ENFORCEMENT Section 21 56 The City Building Official is charged with enforcement of this Code. Section 21 57 The Building Official may appoint such subordinate officials and "• assistants necessary to the enforcement of this Code Section 21 58 ORDINANCE NO 292 PAGE 20 of 21 The Building Official, or his authorized representative, lall lave the luthorit/ `d -inter any building, structure, ,r ore-ises or ony oart thereof, at any reasonable time for the purpose of performing his official d.lties under this Code Section 21 :9 Tt snail be and is Hereby eclared to ne un' i. tul -,r i^, oe-son to wiliinalj intertere with, hinder, or obstruct the Bui;dlno ' ; ii, or his authorized representative, in the enforcement of the o-ovis ons of this Lode Section 21 60 It shall be the duty of the Department of Public Safety or the City of Apache Junction to assist the Building ,fficiai, or His authorized representative, in the enforcement of the °rovisions Cr this Code " SECTION Ii °E°EALI%G ANY CONFLICTING PAOVTSTCdS All ordinances and parts of ordinances in conflict ; it' the r�-isions of this Ordinance, or any part of the cone adopted nerein by reverence, are hereby repeaied. SECTION III PROVIDING FOR SEVERABILITY If any section, sib-section, sentence, phrase, , lause, or c_rtion of this Ordinance, or any part of the rode adopted herein by reference is for any reason held to be invalid or unconstitutional iv me decision of any court of competent ,jurisdiction, such derision snail not arfect the validity of the remaining portions thereot SECTION IV EMERGENCY CLAUSE It is necessary for the preservation or the peace, health, id safety of the City of Apache Junction, Arizona, tnat this 0-dinance ,ecome effective immediately, an emeraencj is declared to exist, and this Ordinance shall be effective immediately upon passage and adoption PASSED AND ADOPTED BY THE MAYOR AND CITE COUNCIL OF THE CITY OF APAC-IE JUNCTION, MRIZONA, THIS 16TH DAY OF APRIL , 1935. Wendell . Llacxe Mayor ATTEST* T—e ze Kath een Connelly G City Clerk APPROVED AS TO FORM: avY exan er City Attorney ORDINANCE NO. 292 PAGE 21 of 21 g10/e1P 'Am( Am- ROLL CALL 1 ROLL CALL IPRESENT F ABSENT j ( ) W.S. MAYOR HILL � i VICE—MAYOR BAKKEDAHL ! V COUNC I LMAN JIMENEZ COUNC I Lwor AN TAYLOR t / COUNCILWOMAN GARDNER / , , COUNCILMAN BALJO ! 7/ COUNCILMAN EIDSONk/ # TOTAL I 6 c.2...., STAFF PRESENT W.S. % CITY MANAGER in 6ti�D4U1Al b� CITY CLERK Kathy Connelly V \ ....... FINANCE CONTROLLER Keith Lewis ' V . A,, DIRECTOR OF PLANNING Chuck Newcomer Y �' ?m,) DIRECTOR OF PUBLIC SAFETY Bill McDaniel DIRECTOR OF PUBLIC WORKS Rich Broman ,,((�� � � � CITY ATTORNEY Mr. Alexander/Mr. Hirsch {ga'1).. ECONOMIC DEVELOPMENT SPECIALIST John Schoe h 1/ SUPERINTENDENT OF COMMUNITY SERVICES Jeff ell _ A DIRECTOR OF LIBRARY Pam Loui r