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HomeMy WebLinkAboutORD858ORDINANCE NO.858 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE APACHE JUNCTION,ARIZONA,ZONING ORDINANCE,BY AMENDING ARTICLE 21 SIGN CODE,IN CASE PZ-4-92;REPEALING ANY CONFLICTING PROVISIONS;AND PROVIDING FOR SEVERABILITY. 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 portions of "Article 21"(hereinafter referred to as "Sign Code")to read as follows: SUBSECTION A:THE FOLLOWING PROVISIONS OF THE SIGN CODE ARE TO BE CHANGED TO READ AS FOLLOWS: ARTICLE 21 SECTION 21.00 SIGN CODE Table of Contents SECTION SECTION SECTION SECTIONS SECTIONS SECTIONS SECTIONS SECTIONS SECTIONS SECTIONS SECTIONS SECTIONS SECTIONS SECTION SECTIONS SECTIONS 21.01 21.02 21.03 21.04-.07 21.08-.19 21.20-.23 21.24-.28 21.29-.33 21.34-.35 21.36-.37 21.38-.42 21.43-.46 21.47-.51 21.52 21.53-.55 21.56-.60 ORDINANCE NO.858 PAGE ONE OF ELEVEN TITLE -----------------------------------Pg PURPOSE ---------------------------------Pg DEFINITIONS -----------------------------Pg INTERPRETATION AND SCOPE ----------------Pg GENERAL PROVISIONS ----------------------Pg EXCEPTIONS,PROHIBITED SIGNS,AND SIGNS NOT REQUIRING A PERMIT ------------Pg PERMITTED SIGNS BY ZONING DISTRICT ------Pg TEMPORARY SIGNS -------------------------Pg OFF -SITE SIGNS (BILLBOARDS) -------------Pg NONCONFORMING SIGNS AND USES ------------Pg PERMITS ---------------------------------Pg CONDITIONAL USE PERMITS -----------------Pg VARIANCES AND APPEALS -------------------Pg DESIGN AND CONSTRUCTION SPECIFICATIONS --pg SIGN MAINTENANCE ------------------------Pg ENFORCEMENT -----------------------------Pg XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX Section 21.02 PURPOSE (d)enhance the flow of traffic convenience,ease and enjoyment of travel within the City; Section 21.03 DEFINITIONS 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.(Exempt from this definition are flags,pennants and banners which may move in the wind.) 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 (other than change of colors)of any light movement other than burning continuously. BANNER shall mean a temporary sign of fabric,plastic,paper or other pliable material not enclosed in a rigid frame. DETACHED SIGN shall mean any sign supported wholly by the ground or by a structure in the ground (pole sign).Maximum height shall be twelve feet (12') as measured from the existing road grade.(See Section 21.22.h for further regulations.) ILLEGAL SIGN shall be defined as all signs;except the following: f.A lawful nonconforming sign as defined in this Code. 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. (Reference:See Section 21.53.) READER BOARD shall mean a changeable letter board.(Examples:Reader boards such as those used for listing church services,stating religious activities or those allowed by a directory sign.) TEMPORARY SIGN shall mean any sign,banner,pennant,non -governmental flag,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.(See Sections 21.19.b,21.20.d and e,and 21.23.e and f.) WINDOW SIGN shall mean any sign affixed to either the interior or exterior of a window. SECTION 21.09 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,which are permitted signs subject to the following regulations: ORDINANCE NO.858 PAGE TWO OF ELEVEN a.each church shall be allowed at least thirty-two (32)square feet of *total sign area; b.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; ,c.churches with multiple street frontages shall be allowed signs for each street frontage as listed in Sections 21.09.a and b above; d.religious symbols shall not be counted as signs either in number or area, but are still subject to Building Code requirements;and e.a maximum of two (2)detached signs are allowed per street frontage. (*'total sign area'includes all attached and detached signs) Section 21.14 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 equal angle to both streets 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 permissible on said property. Section 21.19 a.Statues,either real or simulated,used for advertising purposes may be permitted in commercial and industrial districts subject to a minimum sign permit fee (see Section 21.41).Maximum height of said statues shall be ten feet (10')from grade level.Statues higher than ten feet (10'),up to a maximum height of twenty feet (20'),may be permitted with a Conditional Use Permit.The area of said statues shall not be deducted from the total allowable sign area. Section 21.20 Exceptions e.Temporary signs during general city-wide public benefit events. f.Signs not intended to be viewed from a main vehicular public right-of-way, or from beyond the boundaries of the lot or parcel upon which they are located,providing that such signs do not constitute a traffic hazard. 9.The erection,construction and maintenance of official traffic,fire and police signs,signals,and devices and markings of the State of Arizona (including ADOT logo signs)and of the City of Apache Junction (including directional or informational signs of .a public or quasi -public nature when erected by the City of Apache Junction),or any authorized public agency, nor the posting of notices as required by law. ORDINANCE NO.858 PAGE THREE OF ELEVEN Section 21.21 Prohibited Signs a."A"frames and portable signs of any nature,other than those provided for in Section 21.20.e and f of this Code and Sections 21.29-.33 of this Code. Section 21.22 1.Operate or employ any stereoptician or motion picture projection or media in conjunction with any advertisements or have visible moving parts or any portion of which moves (except for pennants,flags and banners as permitted in this Code)or gives the illusion of motion. Section 21.23 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.(Reference:See definition of "Maintenance".) g Banners shall be allowed in all commercial and industrial zoning districts without a permit and must comply with the following requirements: (Reference:See Section 21.22 regarding prohibitions.) 1)maximum banner area is 30 square feet; 2)a banner shall not extend above the roof line at the wall; 3)banners are allowed in addition to wall signs and free standing or monument signs; 4)banners shall be in new condition; 5)banners shall be located on the premises to which they pertain;and 6)a maximum of two (2)banners may be used at any one time. Section 21.24 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 lessee thereof.Said sign shall be wall mounted,on or under an architectural feature or detached. b.For permanent subdivision identification signs for recorded subdivisions; two (2)detached signs with a maximum height of eight feet (8')and a maximum area of thirty-two (32)square feet per sign. Section 21.25 In Multiple -Family Residential Districts,Multiple -Family Residential Uses in other districts,and Public or Quasi -Public Uses in any residential district: ORDINANCE NO.858 PAGE FOUR OF ELEVEN a.One (1)illuminated or unilluminated sign per dwelling or use,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 lessee thereof.Said sign shall be wall mounted,on or under an architectural feature or detached. b.Identification signs for apartments,condominium complexes and Public or Quasi -public uses,permitted as follows: 2)Said sign shall be wall mounted,on or under an architectural feature or detached.If detached,said sign may be double-faced. Section 21.26 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 lessee thereof.Said sign shall be wall mounted,or detached. 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 detached.If detached, said sign may be double-faced. SECTION 21.27 a.1)Detached signs shall be a maximum of twelve feet (12')in height. (See definition for additional requirements.) d.Each occupancy shall be allowed at least thirty-two (32)square feet of total sign area. Section 21.28 a.1)Detached signs shall be a maximum of twelve feet (12')in height. (See definition for additional requirements.) b.Two (2)attached signs for each occupancy.Said signs shall not exceed three (3)square feet of total sign area for each front foot of building occupancy.Said signs may be roof or wall mounted,on or under an architectural projection.At least one attached sign per project shall legibly display its address number,the area of which shall not be deducted from the allowable sign area. Section 21.31 Contractor or Subcontractor Signs a.One (1)unilluminated sign is allowed per contractor or subcontractor. Said sign shall not exceed eight (8)square feet in area or seventy-two inches (72")above ground. ORDINANCE NO.858 PAGE FIVE OF ELEVEN Section 21.33 Subdivision Signs b.Said signs shall be removed after all lots in the subdivision are sold. 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,including along the freeway;except as provided for in Section 21.35. Section 21.37 Signs Rendered Nonconforming c.Reasonable maintenance,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 be restored,reconstructed, altered,or repaired only to conform with the provisions of this Code. e.I f an occupancy displays unlawful or nonconforming signs,the following stipulations shall apply to any new sign permits/applications: 1)unlawful signs must be removed prior to issuance of a new sign permit; 2)permits for new attached signs shall not be approved for occupancies displaying nonconforming attached signs; 3)permits for new detached signs shall not be approved for occupancies displaying nonconforming detached signs;and 4)new development or renovations or expansions of 50% or more of total floor area must bring nonconforming signs into conformity as of the effective date of this ordinance. Section 21.41 Permit Fees Before issuing any sign permit required by this Code,a permit fee shall be paid in accordance with the schedule established by the City Council.If no specific fee is addressed,a minimal fee of $15.00 shall be paid. SUBSECTION B:THE FOLLOWING PROVISIONS OF THE SIGN CODE ARE TO BE DELETED AS FOLLOWS: Section 21.03 DEFINITIONS CHANGE PANEL SIGN shall mean a sign designed to permit immediate change of copy which may be other than the name of the business. *INTERIOR SIGNS shall be signs located in or displayed from within a building. (*Ordinance No.633,Effective October 20,1988) ORDINANCE NO.858 PAGE SIX OF ELEVEN *LOW PROFILE shall mean a sign not to exceed twelve feet (12')in height as measured from the existing road grade. (*Ordinance No.633,Effective October 20,1988) 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. Section 21.15 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 21.19 of this Code. *Section 21.17 Exterior window signs,the area of which shall not be deducted from the total allowed sign area and the area of which shall not exceed 25 percent of the window area,shall be permitted in the commercial and industrial zoning districts. (*Ordinance No.633,Effective October 20,1988) Section 21.20 Exceptions h.Unilluminated directional or informational signs of a public or quasi- public nature,but not including directions to commercial establishments, which do not exceed six (6)square feet. *i.Interior signs -i.e.signs located in or displayed from within a building. (*Ordinance No.633,Effective October 20,1988) *j.Political/campaign signs. (*Ordinance No.633,Effective October 20,1988) Section 21.21 Prohibited Signs 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 held in place by an adhesive,painted on,or permanently or magnetically attached to a business or commercial vehicle. (*Ordinance No.633,Effective October 20,1988) d.The use of a balloon as a fixed sign.The term "fixed balloon"shall mean any lighter ,than air or gas filled balloon attached by a rope or tether to a fixed place;except as provided in Section 21.20.d and e. ORDINANCE NO.858 PAGE SEVEN OF ELEVEN Section 21.27 *b.Four (4)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 exterior window mounted on or under an architectural projection.No attached sign shall exceed 200 square feet in total area.At least one separate attached sign per project shall legibly display its address number,the area of which shall not be deducted from the allowable sign area. *(Ordinance No.633,Effective October 20,1988) *Section 21.30 Political and Campaign Signs (*Ordinance No.633,Effective October 20,1988) SUBSECTION C:THE FOLLOWING PROVISIONS ARE TO BE ADDED TO THE SIGN CODE AS FOLLOWS: Section 21.03 DEFINITIONS PUBLIC MESSAGE shall mean time and temperature,or a message provided by the City of Apache Junction,or the State of Arizona. PUBLIC/QUASI-PUBLIC uses shall be defined as a church, museum,library,community service agency,public park,school,college,playground,athletic field,public or private utility and facilities,government structure,sport or recreation club,and hospital or sanatorium. Section 21.19 b.A balloon may be permitted as a fixed sign.The term "fixed balloon" shall mean any lighter than air or gas filled balloon attached by a rope or tether to a fixed place;i t shall also mean a forced air -filled balloon.Balloons are allowed in all commercial and industrial zoning districts (subject to a permit with a minimum permit fee)and must be kept in new condition.Balloons are allowed for ninety (90)days per calendar year,not more than 30 days at a time. Section 21.20 Exceptions h.Window signs,either exterior or interior. 1.Incidental signs,such as logos,hours of business,open and closed signs, under three (3)square feet in area. j.Color banding,such as corporate colors. Section 21.23 Signs Not Requiring a Permit h.Pennants shall be allowed in all commercial and industrial zoning districts without a permit and must comply with the following ORDINANCE NO.858 PAGE EIGHT OF ELEVEN requirements:(Reference:See Section 21.22 regarding prohibitions; i.e.,'may not be attached to utility poles...',etc.) 1)all pennants shall be in new condition;and 2)pennants shall be located on the premises to which they pertain. i .Flags (other than those types listed in Section 21.20.a)are allowed in all commercial and industrial zoning districts without a permit and must comply with the following requirements: 1)each flag shall not exceed a maximum height of twenty feet (20') above the finished lot grade at the base of the pole; 2)maximum area allowed for each flag is fifteen (15)square feet; 3)flags shall be located on the premises to which they pertain;and 4)flags shall be in new condition. Flags used to direct attention to an existing multiple -family use and/or a new subdivision in all zoning districts are allowed without a permit and must comply with the following requirements: 1)each flag shall not exceed a maximum height of twenty feet (20') above the finished lot grade at the base of the pole; 2)maximum area allowed for each flag is fifteen (15)square feet; 3)flags shall be located on the premises to which they pertain; 4)flags shall be in new condition;and 5)a maximum of forty (40)flags shall be allowed to be placed on or behind the property line. k.Political signs are allowed in all zoning districts,with exceptions in residential districts as noted below.Said signs shall not be displayed earlier than sixty (60)days prior to an election and shall be removed within ten (10)days following said election.Signs for successful primary election candidates,eligible for the general election,may remain after the primary election. 1)Political signs in residential districts are subject to the additional following stipulation:In an attempt to protect neighborhoods from adverse impacts,in single-family residential districts on lots of less than one (1)acre,one sign per street frontage is permitted for each candidate or measure,not exceeding eight (8)square feet in area and six feet (6')in height. ORDINANCE NO.858 PAGE NINE OF ELEVEN 1.Yard sale signs are permitted subject to the following stipulations: 1)signs shall be located on private property only and yard sale sponsor shall be responsible for removal of all signs after the last day of sale; 2)each sign shall include the address of the yard sale for purposes of identification; 3)signs shall be attached or affixed to the ground in some manner, i.e.,wooden stakes or weights; 4)no sign shall be placed where it obstructs the view of pedestrian or vehicular traffic; 5)no signs shall be placed on public sidewalks or in the public right- of-way;and 6)maximum area per sign shall be three (3)square feet. m.Vehicle signs;including advertising or identification markings which are held in place by an adhesive,painted on,or are permanently or magnetically attached to a business or commercial vehicle or city approved and licensed vendor carts. Section 21.27 b.An occupancy with 100 feet or less of building frontage shall be allowed four (4)attached signs.Signs shall not exceed two (2)square feet of sign area for each front foot of building occupancy.Said signs may be roof or wall mounted,on or under an architectural projection.At least one attached sign per project shall legibly display its address number, the area of which shall not be deducted from the allowable sign area. c.An occupancy with more than 100 feet of building frontage shall be allowed eight (8)attached signs.Signs shall not exceed two (2)square feet of sign area for each front foot of building occupancy.Said signs may be roof or wall mounted,on or under an architectural projection.No attached sign shall exceed 200 square feet in total area.Total attached signage shall not exceed 400 square feet.At least one attached sign per project shall legibly display its address number,the area of which shall not be deducted from the allowable sign area. 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. ORDINANCE NO.858 PAGE TEN OF ELEVEN 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 portion thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 21st DAY OF September ,19 93 . SIGNED AND ATTESTED TO THIS 3RD DAY OF NOVEMBER ATTEST: KATHLEEN CONNELLY City Clerk GLENN J.AIMBUT City Ateorney ORDINANCE NO.858 PAGE ELEVEN OF ELEVEN ,192_3. JEW PERKINS Ma r