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HomeMy WebLinkAboutORD292ORDINANCE 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: SECTION 21.01 SECTION 21.02 SECTIONS 21.03-.06 SECTIONS 21.07-.10 SECTION 21.11 SECTIONS 21.12-.23 SECTIONS 21.24-.28 SECTIONS 21.29-.33 SECTIONS 21.34-.35 SECTIONS 21.36-.37 SECTIONS 21.38-.42 SECTIONS 21.43-.46 SECTIONS 21.47-.51 SECTION 21.52 SECTIONS 21.53-.55 SECTIONS 21.56-.60 "ARTICLE 21 SECTION 21.00 SIGN CODE TITLE PURPOSE INTERPRETATION AND SCOPE EXCEPTIONS,PROHIBITED SIGNS,AND SIGNS NOT REQUIRING A PERMIT DEFINITIONS GENERAL PROVISIONS PERMITTED SIGNS BY ZONING DISTRICT TEMPORARY SIGNS OFF -SITE SIGNS (BILLBOARDS) NONCONFORMING SIGNS AND USES PERMITS CONDITIONAL USE PERMITS VARIANCES AND APPEALS DESIGN AND CONSTRUCTION SPECIFICATIONS SIGN MAINTENANCE 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 Apache 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 of 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 The provisions of this Code shall not apply to: a.Flags,pennants,or insignias of any nation,state,county, city,or other political unit. 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 and markings 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,but not including directions to commercial establishment,which do not exceed six (6)square feet. Section 21.08 Prohibited Signs Signs which are prohibited under this Code;except 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 permanently attached to a business or commercial vehicle. d.The use of a fixed balloon as a sign.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 shall any sign: a.Be animated,audible,rotate,or have intermittent or flashing illumination.Exempt from this provision are electric 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. d.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 i t will obstruct vision of the public right-of-way to the vehicle 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 visibility across the corner. i .Operate or employ any stereoptican or motion picture projection or media in conjunction with any advertisements or have visible moving parts or any portion of which moves or gives the illusion of motion;except as permitted in this Code. j .Emit audible sound,odor,or visible matter. Section 21.10 Signs Not Requiring a Permit The following signs shall not require a sign permit.These exceptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance,and its compliance with the provisions of this Code or any other law or ordinance regulating the same. a.Name plates. b.One (1)sign per house,two (2)square feet or less in a single-family residential district giving the occupant's name and/or house number. c.The changing of advertising copy or message on a painted or printed sign only.Except for movie theatre marquees and similar signs specifically designed for the use of replaceable copy,electric signs shall not be included in this exemption. d.Standard sign maintenance including painting,repainting,or cleaning of an advertising structure,or the changing of the advertising copy or message thereon,unless a structural change is made. e.Temporary signs as permitted in Sections 21.29(a)and 21.31(a)of this Code. f .Signs erected during the Christmas holidays as identification of temporary sales areas for Christmas trees and other holiday items;such signs 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 ANIMATED SIGN shall mean the movement of any light used in connection with any sign such as blinking,traveling,flaring,or changing degree of intensity of any light movement other than burning continuously. ARCHITECTURAL PROJECTION shall mean a marquee,porch,canopy,or other similar architectural projection extending beyond the floor area. ATTACHED SIGN shall mean any sign which is fastened,attached, connected,or supported in whole or in part by a building or structure other than a sign structure which is supported wholly by the ground. BANNER shall mean a temporary sign of fabric,plastic,paper,or other light pliable material not enclosed in a rigid frame,but mounted so as to allow movement of the sign by atmospheric conditions. BLOCK shall mean at least six hundred feet (600')of street frontage 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 permit immediate change of copy which may be other than the name of the business. CITY shall mean the City of Apache Junction,Arizona. COMBINATION SIGN shall mean any sign incorporating any combination of wall,projecting,detached signs,and roof signs. COUNCIL shall mean the City Council of the City of Apache Junction. CURB LINE shall mean the line at the face of the curb nearest the street or roadway.In the absence of a curb,the curb line shall be established by the City Engineer. DETACHED SIGN shall mean any sign supported wholly by the ground or by a structure in the ground (pole sign). DIRECT LIGHTING shall mean a sign designed to provide artificial light through exposed lighting on the sign face,such 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. EMBELLISHMENT 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 FREEWAY shall mean a highway in respect to which the owners of the abutting lands have no right or easement of access to or from their abutting properties,or in respect to which such owners have only limited or restricted right or easement of access,the precise route of which has been determined and designated as a freeway by an authorized agency of the State or a political subdivision thereof.The term shall include the main traveled portion of the traffic way,all lands situated within the right-of-way,and all ramps and appurtenant land and structures. FRONT FOOT of a building (or parcel of land)shall mean the maximum width measured on a straight line parallel to the street. ILLEGAL SIGN shall 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,and carrying a valid permit. c.Not allowed by this Code,but which has been legalized by a variance and proper permit. d.Allowed by this Code subject to a Use Permit or a Conditional Use Permit,providing the permit has been granted and a proper permit is in force. e.Any of the preceding,the permit for which has not been revoked by the terms of this Code. f .A nonconforming sign as defined in this Code. INTERNAL LIGHTING shall mean a source of illumination entirely within the sign which makes the sign content visible at night by means of the light being transmitted through a translucent material,but wherein the source of the illumination is not visible. INTERNAL -INDIRECT LIGHTING shall mean a source of illumination entirely within the sign,generally a free standing letter,which makes the sign visible at night by means of lighting the background upon which the free standing character is mounted.The 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 OFF -SITE SIGN (Billboard)shall mean a structure portraying information which directs attention to a business,commodity,service,enter- tainment,or product not related to the use existing on the premises upon which the sign is located. ON -SITE SIGN shall mean a sign directing attention to a business, commodity,service,or entertainment conducted,sold,or offered upon the same premises as those upon which the sign is maintained. OUTDOOR -TYPE BUSINESS shall mean a business where all or most of the business is conducted,or items displayed in an open area,and which are allowed under the Apache Junction Zoning Ordinance. PARAPET WALL shall mean a wall extending above the roof line of a building. PARCEL shall mean a parcel of land shown on a subdivision map,record of survey map,parcel map,or a parcel described by metes and bounds which constitutes a development site whether composed of a single unit of land or contiguous units under common ownership. PERMANENT SIGN shall mean any sign which is intended to be and is so constructed as to be of a lasting and enduring condition,remaining unchanged in character,condition (beyond normal wear),and 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 i t occupies. PROJECTING SIGN shall mean any sign attached to a building or other structure and extending in whole or in part more than fifteen inches (15")from the wall or structure. READER BOARD shall mean a business sign listing church services, stating religious activities,or those allowed by a directory sign. ROOF LINE shall mean the highest point of the main roof structure and not to include cupolas,pylons,projections,or minor raised portions of the roof. ROOF SIGN shall mean a sign erected upon or above a roof or parapet of a building or structure. SETBACK AREA shall mean the open space area defined in 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 that 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 government or governmental agency,and further not including any item of merchandise normally displayed within a show window of a merchant. ORDINANCE NO.292 PAGE 7 of 21 The term "Sign"shall mean and include any display of any letter, numeral,figure,emblem,picture,outline,character,announcement,or anything in part or in combination by any means whereby the same are made visible to the eye and for the purpose of attracting attention outdoors to make anything known,whether such display be made on, attached to,or as a part of any other structure,surface,or thing including,but not limited to,the ground or any rock,tree,or other natural object,when display is visible beyond the boundaries of the lot or parcel of property on or over which the same is made. SIGN HEIGHT shall mean the vertical distance measured from the adjacent street grade or upper surface of the curb,whichever permits the greatest height,to the highest point of said sign. SIGN STRUCTURE shall mean any structure which supports or is capable of supporting any sign as defined in this Code.A sign structure may be a single pole and may or may not be an integral part of the building. STRUCTURE shall mean that which is built or constructed,an edifice or building of any kind or piece of work artificially built up or composed of parts joined together in some definite manner. TEMPORARY SIGN shall mean any sign,banner,pennant,valance,or advertising display constructed of cloth,canvas,light fabric, cardboard,wallboard,or other like material,with or without frames, intended to be displayed for a short period of time only. U.B.C.STANDARDS shall mean the standards as set forth in the current edition of the Uniform Building Code adopted for use by the City of Apache Junction. UNIFORM BUILDING CODE shall mean the current edition of the Uniform Building Code of the City of Apache Junction. UNIFORM SIGN CODE shall mean the most current edition,adopted for use by the City of Apache Junction,of the Uniform Sign Code published by the International Conference of Building Officials. VEHICLE SIGN shall mean signs mounted upon,painted upon,or otherwise erected on a trailer,truck,automobile,or other vehicle so parked or placed so that the signs thereon are visible from a public 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 parallel to the face of said wall.No wall mounted sign shall be located above the top plate or project 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 specified by this Code. Section 21.13 ORDINANCE NO.292 PAGE 8 of 21 I I Churches,civic organizations,and other institutions shall be permitted signs in accordance with the multiple -family residential district section of this Code. Section 21.14 I f a sign is indirecly illuminated,the source of illumination shall not be visible beyond the lot boundary.I f a sign is directly illuminated,the source of illumination shall not be visible to any residential district adjacent to the lot or parcel on which said sign is located. Section 21.15 A comprehensive sign plan may be submitted by the developers of a proposed commercial development which will occupy the entire frontage of one or more block fronts,or by the developers of a proposed shopping center.Such a plan shall include the locations,size, height,color,lighting,and orientation of all proposed signs,in addition to any other information deemed necessary and may be submitted in conjunction with the required site plan for the development.I f the comprehensive site plan is found to be acceptable,exceptions to the provisions of this Code may be granted i f the sign areas and densities shown on the plan are in conformity with the intent of this Code,and i f such exceptions result in an improved relationship between the various parts of the plan.All comprehensive sign plans shall require Conditional Use Permits. Section 21.16 A sign located on,under,attached to,or an integral part of an architectural projection shall conform to all the following regu- lations: a.A sign attached to or which is an integral part of the face of an architectural projection may extend a maximum of four feet (4')above or below the face of said projection. b.A sign may be placed below and may be supported by an architectural projection of a building when such projection is designed to carry the additional weight of 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 which i t 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 21.18 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 footage of on -site signs is permitted for each street frontage.Sign maximum allowances,however,are not transferable either in whole or in part from one street frontage to another. b.On buildings having more than one street frontage,the maximum allowable number and square footage of on -site signs are permitted for each building frontage or occupancy.Said maximum allowance,however,is not transferable either in whole or in part from one building frontage to another nor from one occupancy to another occupancy. c.When a sign is erected at the street intersection corner of a parcel,or at the intersection of a building front,and is situated at an angle so as to be visible from both streets or both frontages,said sign shall not exceed the maximum area allowed for the longest front footage of building occupancy or street frontage.The area of such signs shall be deducted from the total area and number of signs permissable on said property. Section 21.19 Area of Sign: 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,display, illustration,insignia,surface,or space of a similar nature,together with any frame of other material,color,or condition which forms an integral part of the display and is used to differentiate such sign from the wall or background against which i t is placed;excluding the necessary supports or uprights on which such sign is placed.Where a sign has two or more faces,the area of all faces shall be included in determining the area of the sign;except that only one face of a double-faced sign shall be considered in determining the sign area,provided that both faces are parallel and the distance between faces 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 of more than one sign panel provided all such sign panels are attached to one common integrated sign structure.The total area of all such panels shall not exceed the ORDINANCE NO.292 PAGE 10 of 21 maximum allowable sign area specified for a detached sign on said parcel.Where a sign message consists of separate and individual letters,modules,or symbols,each portion of said sign shall not be considered as one sign panel.In such cases,a single continuous perimeter completely surrounding the sign message shall be used to determine its sign area. Section 21.21 In the commercial and industrial zoning districts,no more than two (2)permanent signs may be painted or otherwise displayed from the surface of any window,showcase,or other similar facility.The area of such signs shall not exceed twenty-five percent (25%)of the area of the window on which displayed.The area of said signs shall be deducted from the total allowed sign area. Section 21.22 Roof signs shall be permitted in all commercial and industrial zoning districts as follows: a.Signs shall be attached to the fascia of or located on the sloping portion of the roof of a structure,but may not extend more than four feet (4')above the lower edge of the fascia of said roof. b.Signs may be attached to the face of a parapet wall,but may not extend more than four feet (4')above the highest point of said wall. c.Height of roof signs other than the above shall not exceed thirty percent (30%)of the height of the building on which said sign is located.Height of said building and sign shall be measured at the roof line. d.All roof signs shall be installed in such a manner that there are no visible angle iron supports,guy wires,braces,or secondary supports.Sign supports shall appear to be an architectural or integral part of said roof sign. Section 21.23 Statues.either real or simulated,used for advertising 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 sign area. SECTIONS 21.24-.28 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 In Multiple -Family Residential Districts and Multiple -Family Residential Uses in other districts: a.One (1)illuminated or unilluminated sign per dwelling 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.Identification signs for apartments and condominium complexes as follows: 1)One (1)illuminated or unilluminated sign per lot or parcel not exceeding thirty-two (32)square feet in area giving the name,address,and use conducted on the property. 2)Said sign shall be wall mounted,on or under an architectural feature,or low profile.I f low profile, said sign may be double-faced. Section 21.26 In the Mobile Home Park/Recreational Vehicle Park/Recreational Vehicle Subdivision Districts: a.One (1)illuminated or unilluminated sign per dwelling,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, or low profile. b.Two (2)illuminated or unilluminated signs per park or subdivision not exceeding thirty-two (32)square feet in area per sign giving the name,address,and use conducted on the property.Said sign shall be wall mounted,on or under an architectural feature,or low profile.I f low profile,said sign may be double-faced. Section 21.27 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. No attached sign shall exceed two hundred (200)square feet in total area. c.Each occupancy shall be allowed at least thirty-two (32) square feet of total sign area. ORDINANCE NO.292 PAGE 12 of 21 Section 21.28 Industrial 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 area for each lineal foot of street frontage abutting the developed portion of said parcel. 1)Detached signs shall be low profile. 2)No detached sign erected in the Industrial District shall exceed a total area of two hundred (200)square feet per sign face. b.Two (2)attached signs for each occupancy.Said signs shall not exceed three (3)square feet of total sign for each front foot of building occupancy.Said signs may be roof, 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 eight (8)square feet in area pertaining only to the lease,sale,or rental of the land or building upon which displayed are permitted in all zoning districts.Maximum height of such signs shall not exceed sixty inches (60")above grade.One such sign shall be permitted for each parcel or lot;except on corner lots,where two (2)signs per parcel shall be permitted,one (1)per street frontage.Said signs shall be removed within ten (10)days after lease,sale,or rental of the property has been accomplished. b.Where the property being advertised for lease,sale,or rental contains more than one (1),but less than ten (10)acres,one (1)nonilluminated sign not to exceed twelve (12)square feet in total area pertaining only to the lease,sale,or rental of said property is permitted.I f 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. I f said parcel is a corner lot,two (2)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 signs exceeding sixteen (16)square feet in area shall not be erected within twenty feet (20')of the public right-of-way, and said signs not exceeding sixteen (16)square feet shall not 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. d.When the property being advertised for lease,sale,or rental contains ten (10)or more acres,one nonilluminated sign not to exceed thirty-two (32)square feet in area pertaining only to the lease,sale,or rental of said property is permitted in all zoning districts.I f said parcel is a corner lot, two (2)such signs shall be allowed,one (1)per street frontage.Maximum height of said signs shall not exceed eight feet (8')above grade,with said sign not to be erected within twenty feet (20')of the public right-of-way.I f the property for lease,sale,or rental has in excess of three hundred feet (300')of street frontage,one (1)additional sign may be erected for each additional three hundred feet (300')of street frontage in excess of the first three hundred feet (300'),with said signs to maintain a minimum spacing of three hundred feet (300').Said signs shall be removed within ten (10)days after lease,sale,or rental of the property has been accomplished. e.Open house directional signs not to exceed eight (8)square feet in area are permitted in all zoning districts,provided they are nonilluminated and used only when a salesperson is on duty at the property for sale.Said signs may be double- faced and shall not be located in the public right-of-way or create a traffic hazard.A maximum of three (3)such signs are permitted for each home,or group of homes in a subdivision,for sale. Section 21.30 Political and Campaign Signs Political and campaign signs on behalf of candidates for public office or measures on primary,general,or special election ballots are permitted in all zoning districts subject to the following regulations: a.Said signs shall not be erected earlier than sixty (60)days prior to the said election and shall be removed within ten (10)days following 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 ORDINANCE NO.292 PAGE 14 of 21 Signs designating the contractor or subcontractor engaged in the construction or repair of the building or buildings on each lot or parcel of property shall be allowed in all zoning districts. a.One (1)nonilluminated sign is allowed per contractor or subcontractor.Said sign shall not exceed eight (8)square feet in area and shall not exceed a height of forty-two inches (42 b.Said sign shall be removed within ten (10)days after the function of the contractor or subcontractor on the property is complete. c.All contractor or subcontractor signs may be consolidated on one (1)sign.The area of the consolidated sign is to be calculated at six (6)square feet per contractor or subcontractor listed with a maximum area of thirty-six (36) square feet for six (6)or more contractors listed.Said sign shall not exceed eight feet (8')in height or be located within ten feet (10')of the public right-of-way. d.The above sign square footage areas may be increased to a maximum of thirty-two (32)square feet of sign area for an individual contractor or subcontactor,and ninety-six (96) square feet of sign area for all contractors and subcontractors with a Conditional Use Permit. Section 21.32 Development Signs Signs indicating or identifying a proposed future development shall be allowed in all zoning districts. a.One (1)single or double-faced detached sign is allowed per lot or parcel proposed for development,unless such parcel is a corner lot in which case two (2)such signs shall be allowed, one (1)per street frontage. b.The face area of each such sign shall not exceed thirty-two (32)square feet for the first acre or portion thereof.When the lot or parcel proposed for development exceeds one (1) acre in size,the 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'). d.Said sign or signs shall be removed within ten (10)days after completion of the proposed development. Section 21.33 Subdivision Signs 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 Per Site Less than 50 1 50 to 299 2 300 or more 3 b.Said signs shall be removed within four (4)years,or after all lots in the subdivision are sold,whichever occurs first. ORDINANCE NO.292 PAGE 15 of 21 c.Maximum height of said signs shall not exceed twenty feet (20')and no such sign shall be erected within ten feet (10')of the public right-of-way. d.Subdivision signs shall be either single or double-faced and no subdivision sign shall exceed one hundred -sixty (160) square feet in area per sign face. SECTIONS 21.34-.35 OFF -SITE SIGNS (BILLBOARDS) Section 21.34 In accordance with the policy of the City to preserve and enhance the character of the City,no off -site advertising structures shall be erected within the City limits;except as provided for in Section 21.35. Section 21.35 Off -site signs may be allowed by Conditional Use Permit by the Planning and Zoning Commission.Such signs shall have the purpose of directing people to a central location or a limited number of locations where information about the products and services offered in the Apache Junction area may be obtained and displayed.Such information may be in the form of maps,brochures,menus,or similar materials obtainable at a Chamber of Commerce or Tourist Bureau location. SECTIONS 21.36-.37 NONCONFORMING SIGNS AND USES Section 21.36 Signs for Legal Nonconforming 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 legal nonconforming use shall be deemed to comply with the provisions of this Code i f they comply with the sign restrictions for the most restrictive zoning district which permits the nonconforming use as an allowed use.Such signs shall be permitted as long as the nonconforming use is permitted.Any such sign legally existing on the effective date of this Code,but which does not comply with the 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 i t is brought in compliance with the requirements of this Code. c.Reasonable repairs and alterations may be made to nonconforming signs.However,i f 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 be restored, reconstructed,altered,or repaired only to conform with ORDINANCE NO.292 PAGE 16 of 21 the provisions of this Code. d.Whenever the name of a business changes,the signs on the premises shall be modified to bring them into conformance with these regulations even though the intended change is a change of sign copy only.This regulation shall not apply to directory signs designed with interchangable letters or panels. SECTIONS 21.38-.42 PERMITS Section 21.38 Permits Required A sign shall not hereafter be erected,re -erected,constructed, altered,or maintained;except as provided in this Code and after a permit for the same has been issued by the Building Official.A separate permit shall be required for a sign or signs for each business entity,and a separate permit shall be required for each group of signs on a single supporting structure.In 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 forms furnished by the Building Official.Such application shall contain the location by street and number of the proposed sign structure,as well 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 may be filed with the Building Official. Section 21.40 Permit Issuance Term a.The Building Official shall issue a permit for the erection, alteration,or relocation of a sign within the City when an application therefore has been properly made 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 i f the work authorized by such permit is not commenced within sixty (60)working days from the date of such permit,or i f 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 constitute a defense in an action to abate a nuisance. Section 21.41 Permit Fees Before issuing any sign permit required by the Code,a permit fee shall be paid in accordance with the schedule established by the City Council. Section 21.42 Sign Inspection All signs for which a permit is required shall be subject to inspection by the Building Official. SECTIONS 21.43-46 CONDITIONAL USE PERMITS Section 21.43 Authority for Conditional Use Permits a.When a Conditional Use Permit is required by this Code,said permit may be granted at the discretion of the Planning and Zoning Commission.A Conditional Use Permit is not the automatic right of any applicant.The Commission shall consider all the factors relating to the proposed sign and whether such sign will adversely affect public health, safety,and welfare. b.A Conditional Use Permit for signs larger,higher,or greater in number than those allowed under this Code may be granted by the Planning and Zoning Commission i f special circumstances warrant it. Section 21.44 Application for a Conditional Use Permit Application for a Conditional Use Permit for a sign shall be made on forms prescribed by the Commission and shall be acccompanied by statements,plans,and other related materials as may be deemed necessary to carry out the intent of this Section. Section 21.45 Fee for a Conditional Use Permit There shall be a filing fee for a Conditional Use Permit in accordance with the schedule established by the City Counci,to be paid at the time the application is filed. Section 21.46 Hearing on a Conditional Use Permit 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 i t 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 be 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 hereby charged with responsibility for granting variances to the provisions of this Code. b.The Board shall prescribe in connection with any variance such conditions as the Board may deem necessary in order to fully carry out the provisions and intent of this Sign Code. Violation of any such condition shall be a violation of the Code and such violation shall render the variance null and void. c.Variances as granted by the Board shall be void i f the permit is not vested within sixty (60)days of such granting or within the time stipulated by the Board. d.The Board shall have the authority to grant a variance from the provisions of this Code,provided there is sufficient evidence to show that: 1)There are special circumstances or conditions applying to the land referred to in the application that do not prevail on other property in that zone;and 2)The authorizing of the variance is necessary for the preservation and enjoyment of substantial property right, and that the strict application of the regulations would work an unnecessary hardship;and 3)The authorizing of the application will not be materially detrimental to the persons residing or working in the vicinity of the property,to the neighborhood,or to the public welfare in general;and 4)That reasonable use of the property cannot be made without approval of 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,or decision made by an administrative official 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 i t 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 Application Applications for appeals and interpretations or variance shall be made in the Office of the Department of Planning on a form provided therefore.Upon the filing of an application for a variance or an interpretation;except one requested by an official of the City,the applicant shall pay a filing fee in accordance with the schedule established by the City Council.No part of any such fee shall be returnable after an application is filed and such fee is paid. SECTION 21.52 DESIGN AND CONSTRUCTION SPECIFICATIONS All signs and sign structures shall be constructed to the standards and specifications as set forth in the Uniform Sign Code. SECTIONS 21.53-.55 SIGN MAINTENANCE Section 21.53 Maintenance and Repair Each sign shall be maintained in a safe,presentable,and good condition,including replacement of defective parts,repainting, cleaning,and other acts required for the maintenance of said sign. The Building Official shall require compliance or removal of any sign determined by said Official to be in violation of this Section of the Code. Section 21.54 Abandoned Signs Any sign which is located on property which becomes vacant and unoccupied for a period of three (3)months or more,or any sign which was erected for an occupant or business unrelated to the present occupant or his business,or a sign which pertains to a time,event,or purpose which no longer applies,shall be deemed to have been aban- doned.Permanent signs applicable to a business temporarily suspended because of a change of ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of six (6)months or more.An abandoned sign is prohibited and shall be promptly removed by the owner of the sign or the owner of the premises.Off -site sign structures shall be deemed as abandoned i f 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,shall have the authority to enter any building,structure,or premises or any part thereof,at any reasonable time for the purpose of performing his official duties under this Code. Section 21.59 I t shall be and is hereby declared to be unlawful for any person to willingly interfere with,hinder,or obstruct the Building Official, or his authorized representative,in the enforcement of the provisions of this Code. Section 21.60 I t shall be the duty of the Department of Public Safety of the City of Apache Junction to assist the Building Official,or his authorized representative,in the enforcement of the provisions of this Code." SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this Ordinance,or any part of the code adopted herein by reference, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,sub -section,sentence,phrase,clause,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 validity of the remaining portions thereof. SECTION IV EMERGENCY CLAUSE I t 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 declared to exist,and this Ordinance shall be effective immediately upon passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 16TH DAY OF APRIL ,19 . ATTEST: 4KateenConnellyC 9 1 6 4 p City Clerk APPROVED AS TO FORM: CitAAttorney e r i l l t l ! r l fO g Mayor ORDINANCE NO.292 PAGE 21 of 21