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HomeMy WebLinkAboutORD1372ORDINANCE NO. 1372 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLE 1-5 DEFINITIONS,AND ARTICLE 1-6 GENERAL PROVISIONS AND EXCEPTIONS;AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "CASE AM -4-10: AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT ODDE,CHAPTER 1,ZONING ORDINANCE,PERTAINING TO MEDICAL MARIJUANA USES"; REPEALING ANY CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY. WHEREAS, on December 7, 2010, the City Council gave direction to staff to process the necessary amendments to the Zoning Ordinance, through the Planning and Zoning COmmission, to accommodate medical marijuana uses in the City, pursuant to the approval of Proposition 203, the Arizona Medical Marijuana Act, by the voters of Arizona in the November 2010 general election; and WHEREAS, the Planning and Zoning COmmission held a work session to review and discuss the proposed amendments on January 11, 2011; and WHEREAS, on January 25, 2011, the Planning and Zoning COmmission voted 4 to 0 to recommended in favor of the proposed amendments to the City Council; and WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R.S."), § 9-802 permits municipalities to enact provisions of a code without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R.S. §§ 9-801(1) and 9-802, codes which may be adopted by reference include those relating to land development; and WHEREAS, staff has determined that for administrative efficiency, it is more appLupriate to adopt the proposed amendments to the Apache Junction City Code, Volume II,Land Development Code,Chapter 1,Zoning Ordinance, by reference. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA: ORDINANCE NO. 1372 PAGE 1 OF 3 SECTION I:IN GENERAL 1. That the existing Apache Junction City Code, Volume II,Land Developuent Code,Chapter 1,Zoning Ordinance,Article 1-5 Definitions,and Article 1-6 General Provisions and Exceptions,is hereby amended. 2. That certain document known as "CASE AM -4-10:AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,PERTAINING TO MEDICAL MARIJUANA USES", three copies of which are on file In the office of the City Clerk of the City of Apache Junction, Arizona, which document was made a public record by Resolution No. 11-04 of the City of Apache Junction, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S. § 9-802. SECTION II:REPEALING ANY CONFLICTING ORDINAWRS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III:PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations 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. PASSED AND ADoprhu BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 15TH DAY OF FEFiRIJARY , 2011. SIGNED AND ATI'ESTEL) 'ID THIS 16TH DAY OF FEBRUARY , 2011. ORDINANCE NO. 1372 PAGE 2 OF 3 1-14-1)J104zew ("JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: a-16-11 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1372 PAGE 3 OF 3 CASE AM -4-10:AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT ODDE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO MEDICAL MARIJUANA USES: The Apache Junction City Code, Volume II,Land Development Code, Chapter 1,Zoning Ordinance,shall be amended as follows: ARTICLE 1-5:DEFINITIONS,Section 1-5-1 DEFINITIONS;RULES O F INTERPRETATION,Subsection (B),shall b e amended with the addition of the following: MEDICAL MARIJUANA USES.The following definitions are derived from or are taken from,in whole or in part,or relate to the Arizona Medical Marijuana Act (Arizona Revised Statutes Annotated ("ARS"),Title 36,Chapter 28.1).The following definitions support and supplement said act and are applicable to the definition of MEDICAL MARIJUANA USES in the City of Apache Junction: (a)CARDHOLDER.A qualifying patient, a designated caregiver or a nonprofit medical marijuana dispensary agent who has been issued and possesses a valid registry identification card. (b)CULTIVATION.The process b y which a person grows a marijuana plant. (c)DESIGNATED CAREGIVER.A person who is at least twenty- one years of age,has agreed to assist with a patient's medical use of marijuana,has not been convicted of an excluded felony offense,and assists no more than five qualifying patients with the medical use of marijuana (further described in ARS §36-2801(5) and (7)). (d)DESIGNATED CAREGIVER CULTIVATION LOCATION.An enclosed, locked facility such as a closet,room,greenhouse or other building where a designated caregiver and cardholder,whose registration card indicates that the cardholder has been authorized to cultivate marijuana plants for a qualifying patient's medical use, as defined b y A.R.S.§36-2801(b)(ii),cultivates marijuana.The designated caregiver's cultivation location must be accessory to the designated caregiver's primary (i) residence.Medical marijuana cultivation as an accessory use to the designated caregiver's primary residence must not be detectable from the exterior of the building in which the cultivation takes place. (e)ENCLOSED LOCKED FACILITY.A closet,room,greenhouse, building or other enclosed area equipped with locks o r other security devices that permit access only b y a cardholder. (f)MARIJUANA.All parts of any plant of the genus cannabis whether growing or not, and the seeds of such plant. (g)MEDICAL MARIJUANA.All parts of the genus cannabis that may be administered to treat or alleviate a qualifying patient's debilitating medical condition o r symptoms associated with the patient's debilitating medical condition. (h)MEDICAL MARIJUANA INFUSION (OR MANUFACTURING)FACILITY. A facility that incorporates medical marijuana (cannabis) by the means of cooking,blending,or incorporation into consumable/edible goods.An infusion facility may be an existing commercial -zoned facility such a s a bakery, restaurant o r food products factory;or,it may b e a "stand-alone"facility,subject to the provisions of Section 1-6-1(F),whose sole o r primary purpose is t o make consumer products such a s lotions,balms o r consumable/edible medical marijuana products. (i)MEDICAL USE.The acquisition,possession,cultivation, manufacture,use,administration,delivery,transfer o r transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. (j)NONPROFIT MEDICAL MARIJUANA DISPENSARY.A nonprofit (not -for-profit)entity that acquires,possesses, cultivates,manufactures,transfers,transports, supplies,sells,gives,dispenses,or otherwise provides medical marijuana or related educational materials t o cardholders.Said entity may receive payment for all expenses incurred in its operation. (ii) (k)NONPROFIT MEDICAL MARIJUANA DISPENSARY AGENT.A principal officer,board member,employee,or volunteer of a Nonprofit Medical Marijuana Dispensary who is a t least twenty-one years of age and has not been convicted of an excluded felony offense (as described in ARS §36- 2801(7)). (1)NONPROFIT MEDICAL MARIJUANA DISPENSARY OFF -SITE CULTIVATION FACILITY.The additional location where marijuana is cultivated by a Nonprofit Medical Marijuana Dispensary a s referenced in A.R.S.§36- 2804(B)(1)(b)(ii). (m)QUALIFYING PATIENT.A person who has been diagnosed by a physician as having a debilitating medical condition as defined in A.R.S. § 36-2801(3). (n)QUALIFYING PATIENT CULTIVATION LOCATION.A n enclosed, locked facility such a s a closet,room,greenhouse o r other building where a qualifying patient,who is also a cardholder authorized to cultivate marijuana plants,a s defined b y A.R.S.§36-2801(1)(a)(ii),cultivates marijuana.The qualifying patient's cultivation location must b e accessory to the qualifying patient's primary residence.Medical marijuana cultivation as an accessory use t o the qualifying patient's primary residence must not be detectable from the exterior of the building in which the cultivation takes place,and shall only b e permitted if the residence is located at least 25 miles distance from a State certified Nonprofit Medical Marijuana Dispensary. (o)REGISTRY IDENTIFICATION CARD.A document issued by the Arizona Department of Health Services that identifies a person as a registered Qualifying Patient,registered Designated Caregiver or a registered Nonprofit Medical Marijuana Dispensary Agent. (p)USABLE MARIJUANA.The dried flowers of the marijuana plant,and any mixture or preparation thereof,but does not include the seeds,stalks and roots of the plant and does not include the weight of any non -marijuana ingredients combined with marijuana and prepared for consumption as food or drink. (iii) ARTICLE 1-6:GENERAL PROVISIONS AND EXCEPTIONS,Section 1-6-1 CONDITIONAL USE PERMITS,shall be amended with the addition of the following new subsection: (F)Medical Marijuana uses permitted by conditional use permit. A conditional use permit subject to the provisions of this Article,Sections 1-6-1(A)through (D)and this section (F), shall be required for the establishment of a Nonprofit Medical Marijuana Dispensary with on -site cultivation facilities or with off -site cultivation facilities,for a Nonprofit Medical Marijuana Dispensary Off -site Cultivation Facility and for a stand-alone Nonprofit Medical Marijuana Infusion Facility.Upon adoption of this section,one Nonprofit Medical Marijuana Dispensary with or without an on -site cultivation facility,one off -site cultivation facility and one stand-alone infusion facility shall b e allowed in the City of Apache Junction. Another dispensary,off -site cultivation facility and stand- alone infusion facility may b e allowed when the City has a t least 20 pharmacies within its municipal limits,and one for every ten pharmacies after that.(Refer to Section 1-5-1 of this Chapter for related definitions;and t o Arizona Revised Statutes Annotated (ARS), Title 36,Chapter 28.1 ARIZONA MEDICAL MARIJUANA ACT,for all definitions and statutes pertaining t o medical marijuana.) (1)A Nonprofit Medical Marijuana Dispensary with or without on -site cultivation facilities shall be subject t o a conditional use permit process and shall be limited to the city's CB -2 (General Business),C-3 (General Commercial),C-4 (Heavy Commercial),CCD (City Center District),CI -1 (Light Industry and Warehouse Zone)and CI -2 (Heavy Industrial)zoning districts.A Nonprofit Medical Marijuana Dispensary Off -site Cultivation Facility (i.e.,a cultivation facility not co -located with a dispensary) and/or a stand-alone Nonprofit Medical Marijuana Infusion Facility which serves one o r more Nonprofit Medical Marijuana Dispensaries shall be subject to a conditional use permit process and shall be limited to the city's CI -1 and CI -2 zoning districts; except that a conditional use permit application may include a request for a dispensary and its associated off -site (iv) cultivation facility and its associated stand-alone infusion facility under the same permit.Nonprofit Medical Marijuana Dispensaries,off -site cultivation facilities and/or infusion facilities shall not b e allowed in any Planned Community District. (2)Any Nonprofit Medical Marijuana Dispensary,with o r without a n on -site cultivation facility,Nonprofit Medical Marijuana Dispensary Off -site Cultivation Facility and Nonprofit Medical Marijuana Infusion Facility shall be located in an enclosed locked facility, such as a permanent secure building,and not in a cargo container,RV,trailer,or motor vehicle.If a green house is used a s a cultivation facility,reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building; and that the greenhouse complies with dark sky and light trespass regulations. (3)A n application for a Conditional Use Permit for a Nonprofit Medical Marijuana Dispensary, Nonprofit Medical Marijuana Dispensary Off -site Cultivation Facility o r stand-alone Nonprofit Medical Marijuana Infusion Facility shall include,at a minimum,the following supplemental information: (a)Signature and consent on the application form by the property owner of record that he/she is aware the property will b e used for medical marijuana dispensing, cultivating or infusion; (b)A copy of the preliminary approval from DHS,such as a registration certificate,for the Nonprofit Medical Marijuana Dispensary,Nonprofit Medical Marijuana Dispensary Off -site Cultivation Facility o r stand-alone Nonprofit Medical Marijuana Infusion Facility, and a written assurance that all Nonprofit Medical Marijuana Dispensary Agents associated with the approved facility shall register with the local Police Department upon final approval to operate from DHS,as well as a copy of said final approval document; (c)Application and all applicable fees paid as required by Apache Junction City Code, Volume I,Chapter 8 BUSINESS,and the Apache Junction City Tax Code as amended; (v) (d)A detailed site plan and floor plan for the facility,and narrative explaining the operation of the facility and hours of operation. (4)The conditions of approval which may be considered by the Planning and Zoning Commission in evaluating these requests, include: (a)Required spacing requirements: 1.minimum of 1,320 feet between dispensaries, cultivation facilities or stand-alone facilities,as measured from nearest wall to nearest building wall; 2.A minimum of 750 feet between a dispensary, cultivation facility o r stand-alone facility and any public o r private day care center, church, or drug and/or rehabilitation center, as measured from building wall of the business t o the nearest building wall of the protected use; 3.A minimum of 750 feet from other sensitive land uses as determined by the Zoning Administrator on a case by case basis,as measured from the nearest building wall of the business t o the nearest building wall of the protected use. 4.The Planning and Zoning Commission shall have the authority t o reduce the spacing requirements b y fifty percent (50 9 )between dispensaries,cultivation facilities and stand- alone infusion facilities,o r between dispensaries,cultivation and stand-alone infusion facilities and the protected uses mentioned above,if circumstances warrant it, but in no case shall any dispensary, cultivation facility or infusion facility be closer than 500 feet to a public or private school. A off -site infusion building A off -site infusion school, alcohol nearest (b)Operating requirements: 1.Prohibition on drive -through pickup windows and delivery service; (vi) 2.Prohibition o n outdoor seating areas a t dispensaries,cultivation facilities or stand- alone infusion facilities; 3.Security Plan including lighting,monitored alarm and/or camera surveillance systems, secure storage,and other necessary building safety measures; 4.Prohibition o n on -site consumption of medical marijuana at a dispensary,cultivation facility or infusion facility; 5.Prohibition o n dispensaries selling marijuana o r tobacco -smoking related products such a s pipes,water pipes,rolling paper,screens, vaporizers,mills,concealing devices,etc., other than cookbooks and educational materials. 6.Limit o n size of facility in terms of square footage,building height o r other factors t o keep said facility in character with existing or planned surrounding development. 7.Review of all signage which will b e visible from the exterior of the facility. (c)Other conditions which the Planning and Zoning Commission may deem necessary to conserve and promote the public health,safety,convenience and general welfare, including: 1.Compliance with all City -adopted zoning, landscaping,engineering,building,design guidelines,overlay district and/or planned development district requirements; 2.The Commission shall reserve the right t o overturn a conditional use permit for non- compliance with any condition prescribed a s part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. (5)In the event that a qualifying patient in the City limits lives 25 miles o r farther from a dispensary,said individual o r his o r her designated caregiver may cultivate no more than twelve (12)marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle)of the qualifying (vii) patient,with owner's permission if needed,without need to apply for a conditional use permit.However,said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the Chief of Police of his or her intent to cultivate marijuana at home.At such time as a dispensary is located within 25 miles from the qualifying patient's home,all cultivation of marijuana plants in the home must cease or be considered a zoning violation,among other possible local,state and federal law violations. (6)In the event that a designated caregiver whose residence is in the City limits is cultivating marijuana for the qualifying patient or patients in his or her care,and whose qualifying patient or patients in his or her care live 2 5 miles o r farther from a dispensary,said designated caregiver may cultivate no more than twelve (12) marijuana plants per patient at the place of primary residency o f the designated caregiver (including a manufactured home o r a recreational vehicle),with owner's permission if needed, without need to apply for a conditional use permit.However,said designated caregiver shall apply the same types of precautions a s above for security,use,documentation and must advise the Chief of Police of his or her intent to cultivate marijuana a t home for the benefit of his o r her qualifying patient o r patients.At such time a s a dispensary is located within 25 miles from the designated caregiver's home,all cultivation of marijuana plants in the home must cease or be considered a zoning violation, among other possible local,state and federal law violations. (viii) ORDINANCE NO. 1373 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,ARTICLP 1-5 DEFINITIONS,AND ARTICLR 1-21 SIGNS, BILLBOARDS, NAMEPLATES, OTHER OUTDOOR ADVERTISING;AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "CASE AM -3-10: AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE, PERTAINING TO SIGNS FOR HOSPITALS"; REPEALING ANY CONFLICTING ORDINANCES; AND PROVIDING FOR SEVERABILITY. WHEREAS, on August 17, 2010, the City Council gave direction to staff to process the necessary amendments to the Zoning Ordinance, through the Planning and Zoning Commission, to allow hospitals, specifically those which offer 24 -hour emergency medical care, to place permanent signs in the public right-of-way for improved visibility; and WHEREAS, the Planning and Zoning Commission held work sessions to review and discuss the proposed amendments on September 28, 2010, October 12, 2010, and October 26, 2010; and WHEREAS, on November 23, 2010, the Planning and Zoning Commission voted 6 to 0 to recommended in favor of the proposed amendments to the City Council; and WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R.S."), 9-802 permits municipalities to enact provisions of a code without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code are filed In the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R.S. §§ 9-801(1) and 9-802, codes which may be adopted by reference include those relating to land development; and WHEREAS, staff has determined that for administrative efficiency, it is more appropriate to adopt the proposed amendments to the Apache Junction City Code, Volume II,Land Develupment Code,Chapter 1,Zoning Ordinance, by reference. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA: ORDINANCE NO. 1373 PAGE 1 OF 3 SECr1ON I:IN GENERAL 1. That the existing Apache Junction City Code, Volume II,Land Development Code,Chapter 1,Zoning Ordinance,Article 1-5 Definitions,and Article 1-21 Signs, Billboards, Nameplates, Other Outdoor Advertising,is hereby amended. 2. That certain document known as "CASE A4-3-10:AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,PERTAINING TO SIGNS FOR HOSPITALS", three copies of which are on file in the office of the City Clerk of the City of Apache Junction, Arizona, which document was made a public record by Resolution No. 11-03 of the City of Apache Junction, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S. § 9-802. SECTION II:REPEALING ANY CONFLICTING ORDINANCPS All ordinances and parts of ordinances In conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III:PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS 15TH DAY OF FEBRUARY , 2011. SIGNED AND ArrESTED TO THIS 15TH ORDINANCE NO. 1373 PAGE 2 OF 3 DAY OF FEBRUARY FIN S. INSALACO yor , 2011. ATTEST: LYKATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: R'14.11 RICHARD JOEL STERN City Attorney ORDINANCE NO. 1373 PAGE 3 OF 3 CASE AM -3-10:AMENDMENTS TO THE APACHE JUNCTION CITY ODDE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1, ZONING ORDINANCE, PERTAINING TO SIGNS FOR HOSPITALS: The Apache Junction City Code, Volume II,Land Development Code, Chapter 1,Zoning Ordinance,shall be amended as follows: ARTICLE 1-5:DEFINITIONS,Section 1-5-1 DEFINITIONS;RULES O F INTERPRETATION,Subsection (B),definition of "Hospital"shall be amended as follows: -HOSPITAL shall mean an institution for the diagnosis,care and treatment of human illness,including surgery,primary treatment,and observation.Some hospitals may offer a s part of their service,24 -hour emergency medical care, with ambulance receiving facilities. ARTICLE 1-21:SIGNS,BILLBOARDS,NAMEPLATES,OTHER OUTDOOR ADVERTISING,shall be amended with the addition of the following: Section 1-21-1-3 Definitions (in the Sign Code),Subsection (B), shall be amended with the addition of the following definitions: -HOSPITAL RIGHT-OF-WAY SIGNS shall mean those types of signs a s allowed b y Vol.II,Section 1-21-7-2 of this Code, exclusively for hospitals which offer 24 -hour emergency medical care and have ambulance receiving facilities. -MONUMENT SIGN shall mean a freestanding sign mounted on a low -profile solid base or a fence,or a freestanding wall, a s distinguished from support by visible poles,with a maximum height of twelve feet (12')as measured from the existing adjacent road grade to the top of the sign.(See height exception for hospitals which offer 24 -hour emergency medical care, per vol. 11, Section 1-21-3-2(B)(2) of this Code). Section 1-21-3-2 Permitted signs in Multi -Family Residential District,shall be rewritten and amended to read as follows: -Section 1-21-3-2 Permitted Signs for Public and Quasi- Public Uses. (i) -Public and quasi -public uses shall be permitted signs in accordance with the Multiple -Family Residential District section of this Code;with the exception of churches and hospitals,which are permitted signs subject to the following regulations: (A)Churches shall be allowed signs as follows: (1)Each church shall be allowed at least thirty-two (32)square feet of total sign area (TOTAL SIGN AREA includes all attached and detached signs); (2)One (1)square foot of sign area for each lineal foot of street frontage,up to a maximum of 120 square feet of total sign area; (3)Churches with multiple street frontages shall be allowed signs for each street frontage as listed in divisions (1) and (2) above; (4)Religious symbols shall not be counted as signs either in number or area,but are still subject to building code requirements; and (5)A maximum of two (2)detached signs are allowed per street frontage. (B)Hospitals shall be allowed signs as follows: (1)Hospitals in general are allowed to have attached,detached and monument signs a s permitted for uses in commercial zoning districts; (2)Hospitals,specifically those which offer 24 -hour emergency medical care and have ambulance receiving facilities,shall be allowed to place thirty-foot (30')tall (as measured from adjacent road grade)detached or monument signs on -site; or place standard monument signs in the right-of- way in accordance with Vol.II,Section 1-21-7-2 of this Code.Said signs shall be allowed,one per street frontage and must contain the word "Emergency". (ii) Section 1-21-4-3 Prohibitions shall be amended to read a s follows: -In no case shall any sign: (C)B e erected in a public easement o r right-of-way o r project into a public easement or right-of-way,other than those provided for in Vol.II,Sections 1-21-6- 6(E) and 1-21-7-2 of this Code. Sections 1-21-7 OFF -SITE SIGNS (BILLBOARDS),1-21-7-1 Prohibition within city limits,and 1-21-7-2 Allowed b y conditional use permit,shall be amended to read as follows: -Section 1-21-7 OFF -SITE SIGNS (BILLBOARDS,HOSPITAL RIGHT- OF-WAY SIGNS AND TOURIST BUREAU SIGNS) -Section 1-21-7-1 Billboards In accordance with the policy of the City to preserve and enhance the character of the City,no off -site advertising structures shall b e erected within the City limits, including along the freeway; except as provided for in Vol. II, Sections 1-21-6-5, 1-21-6-6(E), 1-21-7-2 and 1-21-7-3. -Section 1-21-7-2 Hospital Right -of -Way Signs Hospitals are allowed to have attached,detached and monument signs in accordance with uses allowed in commercial zoning districts.In addition,hospitals which offer a s part of their service 24 -hour emergency medical care and have ambulance receiving facilities,shall be allowed to place permanent monument signs (as described in Vol.II,Section 1-21-3-2(B)(2)of this Code)within the City right-of-way o r easement along their property frontage,if they so desire for improved visibility and/or emergency room access,in accordance with the following provisions: (A)The owner shall apply for and secure proper permits, such a s building and encroachment permits,from the city's Development Services and/or Public Works Departments prior to any construction taking place in the right-of-way;said permit submittal t o include a property survey showing the location of the sign and sign construction and elevation drawings,which shall be subject to staff approval; ( i i i ) (B)All construction shall be done in compliance with the city's Zoning,Building and Engineering codes and standards,M.A.G.standards a s adopted by the City, and other applicable City,County,State o r Federal Regulations; (C)I n the event any sign structure o r related improvements interfere with the city's ability to maintain,reconstruct,improve,o r relocate any street,road,drainage or utility appurtenances now or in the future,the owner shall at their expense, remove,relocate,raise or lower such items within 60 days after proper notification by the City; (D)The owner shall provide to the City at the time of permits issuance an endorsement naming the City,its Mayor and Council,appointees and employees a s additional insured parties in the event of an accident involving the placement,design and/or maintenance of the sign in the right-of-way or easement,which shall be in effect while the sign remains in the right-of- way or easement; (E)The owner shall agree t o defend,indemnify and hold harmless the City,its Mayor and Council,appointees employees,and agents against any and all claims, lawsuits,or other damages in whatever form resulting from or pertaining to any traffic/pedestrian accident or collision involving their sign(s)in the right-of- way; (F)The owner shall waive any and all potential diminution in value and just compensation claims or lawsuits that could b e pursued against the City,its elected officials,appointees and employees pursuant to A.R. S. § 12-1134; (G)If upon final inspection any item fails to meet City approval,the owner shall immediately proceed to correct such defect as directed by the City and shall thereafter guarantee all materials and workmanship for a period of 12 months. (iv) -Section 1-21-7-3 Tourist Bureau Signs Off -site signs,other than those permitted b y Vol.II, Sections 1-21-6-5,1-21-6-6(E)and 1-21-7-2 of this Code, 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 o r 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 o r similar materials obtainable a t a Chamber of Commerce o r Tourist Bureau location. (v)