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HomeMy WebLinkAbout2009-01 ORDINANCE NO. 2009-01 AN ORDINANCE SETTING FORTH AN AMENDMENT TO SECTION 31.11.5 OF THE MOHAVE COUNTY ZONING ORDINANCE PROVIDING FOR OFF-PREMISE COMMUNITY SIGNS TO ADJUST THE STANDARDS AND CRITERIA FOR OFF-PREMISE COMMUNITY SIGNS AND CORRECT PARAGRAPH NUMBERING. AMEND THE MOHAVE COUNTY ZONING ORDINANCE AS FOLLOWS: 1. Section 31.H.5 is amended to read: 5. Off-premise community signs: Off-premise signs announcing and giving direction to a community are allowed in any zone provided that the following provisions apply (these signs may contain the name and logo of businesses in the community): a. Off-premise community signs in residential and agricultural zones are allowed with a Zoning Use Permit. b. Off-premise community signs along State Highways (93, 68, 66, 95, 389, Interstate 40 and Interstate 15) require a permit from the Arizona Department of Transportation. c. Standards and criteria for off-premise community signs: Off-premise community signs shall comply with the following standards: 1) Sign area: Off-premise community signs shall have a maximum area of sixty four (61) square feet the lesser of two hundred (200) square feet or the maximum area allowed in Table 2, except in sign-free areas. Signs in sign-free areas shall have a maximum area of forty-eight (48) square feet. 2) Sign height: The maximum height for off-premise community signs is twenty (20) feet, except in sign-free areas, which shall have a maximum height of ten (10) feet. 3) Setback: The minimum setback of any portion of the sign area is ten (10) feet from the edge of the public right-of-way. These signs shall not project over any vehicular traffic area. 4) Spacing: A minimum of two thousand (2000) feet between off-premise community signs facing the same traffic flow in the same street or freeway shall be required in all cases. In addition, no more than two (2) sign installations shall be located within a linear mile measured along the same street, within a section. 5) External illumination: Lighting of a community sign by external sources must comply with the Outdoor Lighting Control provisions of Ordinance 87-1. • ORDINANCE NO. 2009-01 PAGE 2 6. Manual changeable copy signs are permitted. 7. Automatic changeable copy signs are permitted provided that no message on an electronic changeable copy sign shall blink, flash or simulate animation. Transition between messages is permitted but such transitions may only fade, scroll, or dissolve, and the transition shall not exceed a duration of two seconds. Messages displayed shall remain static for at least ten (10) seconds. 8. The intensity of the LED display shall not exceed the levels specified in the chart below: Intensity Level (nits)* COLOR DAYTIME NIGHTTIME RED ONLY 3,150 1,125 GREEN ONLY 6,300 2,250 AMBER ONLY 4,690 1,675 FULL COLOR 7,000 2,500 Prior to the issuance of a Sign Permit, the applicant shall provide a written certification from the sign manufacturer that the light intensity has been factory pre-set not to exceed the levels specified in the chart above, and the intensity level is protected from end-user manipulation by password-protected software or other method as deemed appropriate by the Director. * The nit is the unit of luminance and is defined as a candela per square meter. The unit could be written as cd/m` or lm/m2sr. It is most often used to characterize the "brightness" of flat emitting or reflecting surfaces. d. Prohibited signs: All prohibited signs outlined in Section 31.D.2 of these Regulations shall apply to this section, except that changing or changeable copy signs are allowed as provided above. - .. . . -, •. • _ •_ • - • - - these Regulations are prohibited for use as off premise signs. Off-premise community signs are also prohibited within public rights-of-way. e. Maintenance: Every sign shall be maintained in a safe, presentable and good structural condition at all times. • 1 1111111 111111 iii Pill iii 11111 ilii 111 PAGE: 1 of 5 FEE p 2009023068 B : 7456 P : 847 OFFICIAL RECORDS OF MOHAVE COUNTY CAROL MEIER, COUNTY RECORDER 04/22/2009 03:33 PM Fee: $0.00 DOC TYPE: GRES PAID BY:MOHAVE CTY BD OF SUPERVISORS RESOLUTION NO. 2009-090 A RESOLUTION SETTING FORTH THE ADOPTION OF MOHAVE COUNTY ORDINANCE NO. 2009-01, AN AMENDMENT TO SECTION 31.H.5 OF THE MOHAVE COUNTY ZONING ORDINANCE PROVIDING FOR OFF-PREMISE COMMUNITY SIGNS TO ADJUST THE STANDARDS AND CRITERIA FOR OFF-PREMISE COMMUNITY SIGNS AND CORRECT PARAGRAPH NUMBERING. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on April 20, 2009, a public hearing was conducted to determine whether approval should be granted to amend Section 31.H.5 of the Mohave County Zoning Ordinance providing for off-premise community signs, to adjust the standards and criteria for off-premise community signs and correct paragraph numbering as requested by the Mohave County Development Services Department, and WHEREAS,the purpose of this amendment is to address a request for a sign that does not fit the existing classifications in the Ordinance and to acknowledge and recognize that new electronic and computer technology is making it possible for users to purchase changeable message signs that have many more features and require less energy to operate than their predecessors. Although, broader changes to the Chapter 31 to address new technology in signs may be appropriate as well, staff would propose to address the community sign issue at this time and do a more complete analysis of new sign technology as it may apply to billboards and other commercial signs at a later date, and WHEREAS, the Department has been approached by the Valle Vista Property Owners' Association regarding the placement of a sign along Highway 66 east of the convenience store at Valle Vista to announce activities at the Valle Vista Country Club. The proposed location is currently zoned A-R (Agricultural Residential) and would be off-premise. The property is a narrow county-owned strip of land that would have to be rezoned to C-21-I to allow a standard off-premise sign. However, the dimensions of the property and the fact that it is currently an easement for a water line, public utilities and drainage do not make commercial use of the property feasible. Further, the Zoning Ordinance discourages the rezoning of property for the sole purpose of installing an off-premise sign, and WHEREAS, the language to be added has been bolded. The language to be deleted has been struck, and WHEREAS, it is noted that the most current version of the Mohave County Zoning Ordinance contains an error in the paragraph numbering. Sections 31.H.5 and 31.H.6 are currently misnumbered as Sections 31.H.4 and 31.H.5 respectively, and RESOLUTION NO. 2009-090 PAGE 2 WHEREAS, Section 31.H.5 provides that an off-premise community sign could be placed under the current zoning. However, the term "community" is not defined in the Ordinance. The Valle Vista Property Owners' Association would appear to be a proper representative for the community within the intent of the Ordinance. However, the Ordinance contains other provisions that would also have to be amended to allow the proposed sign, and WHEREAS, Section 31.H.5.c.1 limits the size of community signs to sixty-four (64) square feet. The proposed sign exceeds this limit. The proposed sign would be sixteen (16) feet in height and ten (10) feet in width. Precise dimensions of the actual sign face are not available, but would clearly exceed the present limitation, and WHEREAS, Section 31.H.5.d prohibits the use of changing signs. The proposed sign would use changeable copy as defined in the Ordinance. Both of these provisions would require an amendment. The use of changeable copy by means of an electronic reader board is proposed, and WHEREAS, the use of electronic signs is becoming common across the nation. With adequate controls on the timing and intensity of the lighting the use of such signs may be appropriate, and WHEREAS, the Commission requested that a condition be included that would require all community signs to be of uniform design, and WHEREAS, Mohave County does not currently have design standards to apply, and the Department believes that if design standards are adopted, communities should be allowed some flexibility in design so that community signs may reflect the unique character of the community, and WHEREAS, a community sign requires approval of a Zoning Use Permit, which will be considered individually by the Planning and Zoning Commission and the Board of Supervisors at which time design issues may be considered, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on March 11, 2009, the Commission recommended APPROVAL for the amendment contained in the attached Ordinance, with the added direction that Staff develop design standards. WHEREAS, the notice of hearing was published in The Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, April 5, 2009 and posted April 3, 2009, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, April 20, 2009, APPROVED this Amendment to Section 31.H.5 of the Mohave County Zoning Ordinance providing for off-premise community signs as recommended by the Mohave County Planning and Zoning Commission and outlined herein, except the design standards provision, and RESOLUTION NO. 2009-090 PAGE 3 BE IT FURTHER RESOLVED, that the Mohave County Development Services Department shall explore design standards for community signs that provide for uniformity while preserving the ability of communities to have community signs that reflect the individual character of the communities. MOHAVE COUNTY BOARD OF SUPERVISORS ATTEST / ; � Lcé( Tom Sockwell, Chairman S b 'Olei(d/d-.441aii/.$07-----y--''.- Barbara Bracken, Clerk.;' n , 1 t 1 iry�'^. ,),-,,..1 1 e `�'.-ti's' <<���'~