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HomeMy WebLinkAboutORD1078ORDINANCE NO.1078 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,AMENDING THE CITY CODE OF APACHE JUNCTION,VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1,ZONING ORDINANCE,BY AMENDING ARTICLE 21 SIGN CODE,IN CASE AM -4-98;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 CITY CODE OF APACHE JUNCTION,VOLUME II,LAND DEVELOPMENT CODE,CHAPTER 1, ZONING ORDINANCE,shall be amended by amending portions of ARTICLE 21 (hereinafter referred to as "Sign Code"or "Code")to read as follows: 1)SECTION 21.00 SIGN CODE,Table of Contents shall be amended as follows: SECTION 21.00 SIGN CODE Table of Contents Page SECTION 21.01 TITLE -----------------------------------xx SECTION 21.02 PURPOSE ---------------------------------xx SECTION 21.03 DEFINITIONS -----------------------------xx SECTIONS 21.04-.07 INTERPRETATION AND SCOPE ----------------xx SECTIONS 21.08-.19 GENERAL PROVISIONS ----------------------xx SECTIONS 21.20-.23 EXCEPTIONS,PROHIBITED SIGNS,AND SIGNS NOT REQUIRING A PERMIT ------------xx SECTIONS 21.24-.28 PERMITTED SIGNS BY ZONING DISTRICT ------xx SECTIONS 21.29-.33 TEMPORARY SIGNS -------------------------xx SECTIONS 21.34-.35 OFF -SITE SIGNS (BILLBOARDS) -------------xx SECTIONS 21.36-.37 NONCONFORMING SIGNS AND USES ------------xx SECTIONS 21.38-.42 PERMITS ---------------------------------xx SECTIONS 21.43-.46 CONDITIONAL USE PERMITS -----------------xx SECTIONS 21.47-.48 SPECIAL SIGN PERMITS --------------------xx SECTIONS 21.49-.53 VARIANCES AND APPEALS -------------------xx SECTION 21.54 DESIGN AND CONSTRUCTION SPECIFICATIONS --xx SECTIONS 21.55-.57 SIGN MAINTENANCE ------------------------xx SECTIONS 21.58-.62 ENFORCEMENT -----------------------------xx ORDINANCE NO.1078 PAGE 1 OF 9 2)SECTION 21.03 DEFINITIONS shall be amended by making changes to the existing definitions as follows: ILLEGAL SIGN shall be defined as all signs;except the following: d.Allowed by this Code subject to a Building Permit,Conditional Use Permit or Special Sign Permit,providing the permit has been granted and is currently valid. 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,21.23.e and f ,21.32.1 and 21.33.e). 3)SECTION 21.03 DEFINITIONS shall be amended with the addition of new definitions as follows: OFF -SITE DEVELOPMENT SIGN means a single or double-faced sign,no larger than thirty-two square feet in area per sign face and no higher than twelve feet in height,designed solely for the purpose of directing vehicular or pedestrian traffic to a specific development location and containing no more information other than the name of the development or developer and a directional arrow and/or brief description of how to get to said development site.An Off -site Development Sign is considered a type of Temporary Sign (see Section 21.32.1). WEEKEND DIRECTIONAL SIGN means a single or double-faced sign,no larger than three square feet in area per sign face and no higher than four feet in height,designed solely for the purpose of directing vehicular or pedestrian traffic to a specific subdivision location and containing no more information other than the name of the subdivision or developer and a directional arrow. A Weekend Directional Sign is not considered a Portable Sign,but i t is considered a type of Temporary Sign (see Section 21.33.e). 4)SECTION 21.22 shall be amended as follows: In no case shall any sign: c.Be erected in a public easement or right-of-way or project into a public easement or right-of-way,other than those provided for in Section 21.33.e of this Code. ORDINANCE NO.1078 PAGE 2 OF 9 5)SECTIONS 21.29-.33 TEMPORARY SIGNS shall be amended with the addition of two new subsections as follows: Section 21.32.1 Offsite Development Signs Off -site Development Signs,as defined in this Code for new private developments located within the City limits only,may be allowed by Special Sign Permit by the City Council.I f permitted, said signs shall be conditionally allowed,soley because of public health and safety concerns,to be determined on a case by case basis. These signs may be a maximum of thirty two square feet in area and twelve feet in height,and shall be allowed for a specific amount of time,all to be determined by the City Council.(See Section 21.47 for permit process.) Section 21.33 Subdivision Signs e.Weekend Directional Signs,as defined in this Code for new subdivisions located within the City limits only,may be allowed by Administrative Special Sign Permit.These signs may be a maximum of three square feet in area and four feet in height,and shall be allowed for a specific amount of time.(See Section 21.48 for permit process.)The permitted number of signs,hours of use and location of Weekend Directional Signs are as follows: 1)The number of permitted temporary Weekend Directional Signs ("WDS")per subdivision shall be determined as follows: No.of Platted Lots Less than fifty Fifty to one hundred Greater than one hundred No.of Permitted WDS Five (5) Up to ten (10) One (1)additional sign for each additional fifty (50) lots,for a maximum of fifteen (15)signs If an Offsite Development Sign has been approved for a subdivision per Section 21.47,the total number of Weekend Directional Signs allowed for the same subdivision shall be reduced by 25%. 2)Following the issuance of an Administrative Special Sign ORDINANCE NO.1078 PAGE 3 OF 9 Permit per Section 21.48,Weekend Directional Signs may be displayed no earlier than 6:00 p.m.(Mountain Standard Time or "M.S.T.")on Friday of each week and shall be removed in their entirety (including supporting structure)no later than 8:00 a.m.(M.S.T.)on the following Monday.On holiday weekends,Weekend Directional Signs may be displayed no earlier than 6:00 p.m.(M.S.T.)on the Thursday preceding any commonly recognized holiday falling on a Friday and shall be entirely removed no later than 8:00 a.m.(M.S.T.) on the following Monday;or i f the holiday falls on a Monday,the Weekend Directional Signs may be displayed no earlier than 6:00 p.m.(M.S.T.)of the preceding Friday and shall be entirely removed no later than 8:00 a.m.(M.S.T.) on the following Tuesday.Barring any violations,Weekend Directional Signs may be displayed according to the provisions and limits of their Administrative Special Sign Permit,until all lots in the subdivision are sold or two (2)years from the date of permit issuance,whichever comes first. 3)Weekend Directional Signs shall be located within a two mile radius of the exterior boundaries of the subdivision to which they pertain. 4)No Weekend Directional Sign permitted herein shall be displayed within the center median of a public roadway,or within ten feet of the face of a curb or edge of the paved roadway if there is no curb;or within a sight distance triangle formed by the street right-of-way lines and a line connecting them at points thirty-three feet from the point of intersection of the right-of-way lines. 5)An individual Weekend Directional Sign for a specific subdivision shall be located a minimum of fifty feet from any other Weekend Directional Sign allowed under the same permit or from an Off -site Development Sign allowed by Special Sign Permit for the same subdivision. 6)The party responsible for any Weekend Directional Sign pertaining to a specific subdivision shall be the party to whom the Administrative Special Sign Permit was issued. ORDINANCE NO.1078 PAGE 4 OF 9 7 Said responsible party shall post a $2,000,000 liability insurance policy and file a statement with said permit holding the City free and harmless of any and all claims that may result from any accident involving any sign permitted and located in the public right-of-way.Weekend Directional Signs shall otherwise comply with all applicable provisions of Section 21.22 of this Code. All Weekend Directional Signs shall be firmly affixed to the ground with either wood or metal stakes,or other supportive material capable of reasonably holding the signs in place, for the purpose of preventing the signs from becoming litter and/or from blowing about causing dangers to vehicles and pedestrians. 6)SECTIONS 21.34-.35 OFF -SITE SIGNS (BILLBOARDS)shall be amended as follows: 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 Sections 21.32.1,21.33.e and 21.35. Section 21.35 Off -site signs,other than those permitted by Sections 21.32.1 and 21.33.e 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 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. 7)New SECTIONS 21.47 AND 21.48 SPECIAL SIGN PERMITS shall be added to the Sign Code as follows: Section 21.47 Authority for Special Sign Permit for an Off -site Development Sign a.When a Special Sign Permit for an Off -site Development Sign is required by this Code,said permit must be applied for through the ORDINANCE NO.1078 PAGE 5 OF 9 Planning Division of the Development Services Department on forms prescribed by the Planning Division.A Special Sign Permit is not an automatic right of any applicant.The City Council shall hold a public hearing for an application for a Special Sign Permit for an Off -site Development Sign,consider all the factors relating to the proposed sign and especially if said sign would help alleviate some public health,safety and welfare issue. b.A Special Sign Permit for an Off -site Development Sign may only be granted by the City Council if circumstances warrant it.The approval of a request for a Special Sign Permit for an Off -site Development Sign,with or without conditions,shall be by resolution of the City Council.The City Council's decision is final,but such decision,whether i t be for approval or denial of a permit,may be appealed to Superior Court by any aggrieved party within 30 calender days from the date of the City Council's decision on the matter. Section 21.47.1 Application for a Special Sign Permit for an Off -site Development Sign Application for a Special Sign Permit for an Off -site Development Sign shall be made on forms prescribed by the Planning Division and shall be accompanied by statements,plans and other related materials as may be deemed necessary to carry out the intent of this Section. Section 21.47.2 Fee for a Special Sign Permit for an Off -site Development Sign The filing fee for a Special Sign Permit for an Off -site Development Sign application shall be the fee specified in the City Code of Apache Junction,Volume I ,Chapter 4 Fees,Article 4-5 Special Sign Permit Fees,at the time of application.No more than one Off -site Development Sign shall be requested per application. Section 21.47.3 Hearing on a Special Sign Permit for an Off -site Development Sign a.City Council Hearing A Special Sign Permit for an Off -site Development Sign application shall be considered at a regular or special public hearing by the Apache Junction City Council.The City Council may stipulate conditions to the granting of the permit when in its judgement such conditions are necessary or desirable to accomplish the ORDINANCE NO.1078 PAGE 6 OF 9 purposes of this section.The City Council may attach any condition i t deems necessary to carry out the provisions and intent of this Code.Any violation of a condition of approval may be cause for revocation of the Special Sign Permit by the Zoning Administrator or the Development Services Director. b.Appeals The approval,with or without conditions,denial or revocation of a Special Sign Permit for an Off -site Development Sign by the City Council shall be final unless within thirty days from the date of the Council's decision the applicant or any persons aggrieved or any officer,department,office or board of the municipality affected by a decision of the Council shall appeal therefrom to Pinal or Maricopa County Superior Court. Section 21.48 Administrative Special Sign Permit for Weekend Directional Signs When an Administrative Special Sign Permit for a Weekend Directional Sign is required by this Code,said permit must be applied for through the Building Division of the Development Services Department and must be approved by the Building Division in order to display any such signs. Section 21.48.1 Application for an Administrative Special Sign Permit for Weekend Directional Signs Application for an Administrative Special Sign Permit for Weekend Directional Signs shall be made on forms prescribed by the Planning Division and shall be accompanied by statements,plans and other related materials as may be deemed necessary to carry out the intent of this section and which demonstrate an understanding of and compliance within the definition of Weekend Directional Sign and the criteria by which Weekend Directional Signs may be allowed as described in Section 21.33.e of this Code. Section 21.48.2 Fee for an Administrative Special Sign Permit for Weekend Directional Signs An annual fee for an Administrative Special Sign Permit for a Weekend Directional Sign application shall be the fee specified in the City Code of Apache Junction,Volume I ,Chapter 4 Fees,Article 4-5 Special Sign Permit Fees,at the time of application. ORDINANCE NO.1078 PAGE 7 OF 9 Section 21.48.3 Revocation of Permit An Administrative Special Sign Permit for a Weekend Directional Sign may be automatically revoked by the Zoning Administrator or the Development Services Director for any violation of Section 21.33.e.The permit applicant shall first receive one written warning from the Zoning Administrator. 8)Former SECTIONS 21.47 through 21.60 shall be renumbered in sequence, respectfully as SECTIONS 21.49 through 21.62 to conform. 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,subsection,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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 19TH DAY OF OCTOBER ,1999. SIGNED AND ATTESTED TO THIS 19TH DAY OF ATTEST: KATHLEEN CONNELLY City Clerk ORDINANCE NO.1078 PAGE 8 OF 9 OCTOBER ,1999. DOUGLAS rILEMAN Mayor APPROVED AS TO FORM: cagE RICHARD J.STERN City Attorney ORDINANCE NO.1078 PAGE 9 OF 9