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HomeMy WebLinkAbout2014-02 111 FEE# 20140 0852 OFFICIAL RECORDS 4,01.41, OF MOHAVE COUNTY ig CAROL MEIER, a.:0.: ► COUNTY RECORDER +�,i/da i... 07/15/2014 01:44 PM Fee: $0.00 PAGE: 1 of 6 MOHAVE COUNTY ORDINANCE NO. 2014-02 AN ORDINANCE AMENDING THE MOHAVE COUNTY ZONING ORDINANCE, SECTION 31.11.4, SIGN ORDINANCE, OFF-PREMISE SIGNS, REGARDING PROVISIONS FOR THEIR LOCATION, MINIMUM SEPARATION, AND RELATIONSHIP TO DESIGNATED SCENIC ROUTES AND VISTAS. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on July 7, 2014 a public hearing was conducted to determine whether approval should be granted to amend the Mohave County Zoning Ordinance Section 31.H.4, Sign Ordinance, Off-premise Signs, regarding provisions for their location, minimum separation, and relationship to designated scenic routes and vistas, as requested by the Mohave County Development Services Department, and WHEREAS, the stated intent of Section 31.H.4 is to "permit off-premise signs within established commercial and industrial areas." This is consistent with the Arizona Department of Transportation (ADOT) billboard regulations for locations along highways under ADOT jurisdiction, although the Mohave County regulations are more restrictive than the ADOT regulations in some respects, and WHEREAS, the Department is approached on a fairly regular basis with proposals to install new off-premise signs (billboards), however, most of the locations that would allow a billboard under the current ordinance are already taken. To allow additional billboards would require some changes to the ordinance. Considering the marketing and advertising potential of billboards and the associated economic benefits, the Department is seeking guidance about whether or to what extent the relevant portions of the ordinance should be changed. Discussion of this issue with the Zoning Ordinance Review Committee is anticipated to take place prior to the Commission meeting, but a broader discussion has been requested by a recent potential applicant, and WHEREAS, questions raised include the following: 1. On four-lane divided highways such as Interstates 15 and 40, and Highway 93 should the spacing requirements and limitation on the number of signs be changed in Section 31.H.4.c.4 from "facing the same traffic flow" to "on the same side of the highway". Many billboards are back-to-back and face both traffic flows, thus limiting the distance and number on both sides of the highway. If the change is appropriate should it be limited to four-lane divided highways or are there other locations that the change would be appropriate? ORDINANCE NO. 2014-02 PAGE 2 2. Billboards are prohibited outright in designated scenic routes. Would it be appropriate to allow them in established commercial areas within those scenic routes? Examples might be in the area of the truck stops at the intersection of Interstate 40 and Highway 95, and on Highway 93 at the commercial developments north of White Hills Road. Specifically, the northern portion of Highway 93 is a scenic route with billboards currently prohibited. However the conditions have changed in recent years with the improvement of the formerly two-lane highway into a four-lane highway on a 17-mile stretch south of Hoover Dam and with the construction of the four-lane bridge near Hoover Dam; thus creating more interest in commercial developments along the highway. 3. Are the current designated sign-free areas still appropriate? 4. Should provision be made for off-premise signs, perhaps not full-size billboards, within a specified distance of a business to inform travelers that they are approaching a business, like "XYZ restaurant 1 mile" or something similar? These would be restricted by ADOT rules along state controlled highways. 5. Is the current minimum separation of 2,000 feet and the limitation of two per linear mile still appropriate? WHEREAS, the Zoning Ordinance Review Committee has reviewed this issue and recommends the amendments outlined below. WHEREAS, proposed new language to be added has been bolded and underlined. The language to be deleted has been struc-k. The plain text is existing language that is not proposed to be changed, and is provided for contextual reference. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on June 11, 2014,the Commission recommended APPROVAL for this Ordinance, and WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, on June 22, 2014, and was posted on June 20, 2014, 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, July 7, 2014, APPROVED this Ordinance as recommended by the Mohave County Planning and Zoning Commission and outlined herein. ORDINANCE NO. 2014-02 PAGE 3 Amend Section Section 31.H.4, Sign Ordinance, Off-premise Signs, of the Mohave County Zoning Ordinance as follows: 31.11.4 4. Off-premise signs. Except as provided in these Regulations, it is the policy of the Board of Supervisors and Planning and Zoning Commission of Mohave County to permit off- premise signs to be located in viable commercial areas and to discourage the rezoning of lots and parcel for the sole purpose of installing off-premise signs. It is also understood that signs displaying noncommercial messages as defined herein shall not require placement in commercial areas as the intent of their installation shall be for the purpose of increased opportunities for public communication. The intent of this regulation is to permit off-premise signs within established commercial and industrial areas. The purpose of this regulation is to establish basic standards and criteria pertaining to manner, place, and maintenance of off-premise signs in Mohave County. Off-premise signs shall be permitted in accordance with the specific standards set forth in this section as well as to include the general provisions for freestanding signs which are intended to regulate on- premise signs. a. Required zoning use permit and state approval. Sign locations for off-premise signs shall be allowed only with an approved Zoning Use Permit. For off-premise signs fronting State Highways (93, 68, 66, 95, Interstatel5 and Interstate 40), approval of sign locations by the Arizona Department of Transportation is required after the issuance of the Zoning Use Permit and prior to sign permit approval by the County. b. Required zoning classifications. Off-premise signs shall be permitted only on lots and parcels properly zoned C-2H (Highway Commercial), C-M (Commercial Manufacturing), C-MO (Commercial Manufacturing/Open Lot Storage), M (General Manufacturing), and M-X (Heavy Manufacturing). In addition, off- premise signs shall be permitted on lots or parcels properly zoned C-2 (General Commercial) along State Highways (93, 66, 95, 68, Interstate 40 and Interstate 15) unless the area has been designated as a sign free area as per Section 31.H.4.d.2 of these Regulations. - •-• - • • . • . •- • • • ., . -- . • . -. In the event that a lot or parcel fronts on more than one (1) public right-of-way, only one (1) off-premise sign shall be allowed on either street frontage. (Corrected with BOS Resolution 2010-208, Ordinance No 2010-17) c. Standards and criteria for off-premise signs. Off-premise signs proposed for installation shall conform with the standards and criteria set forth in the following: 1) Sign area. In all cases, off-premise signs shall have a maximum sign area of two hundred fifty (250) square feet except on Highway 93, Interstate 15 and Interstate 40 and certain arterials where the Board of Supervisors designates a more restrictive maximum sign area. Off-premise signs with a total area not to exceed six hundred seventy-two (672) square feet or 14' x 48'may be ORDINANCE NO. 2014-02 PAGE 4 allowed on Interstate 40, Interstate 15 and Highway 93, unless the Board of Supervisors has designated the area as a sign-free area as per Section 31.G.4.c(6)(b) 31.G.4.d.2. If a sign has two (2) sign faces, the total permitted sign area may not exceed twice the sign area permitted for one (1) sign face. If one (1) or more signs are combined into one (1) sign face, the maximum permitted sign area shall not exceed what is permitted for one (1) sign face in the specific location. 2) Sign height. The maximum height for signs with a sign face measuring up to two hundred fifty (250) square feet is thirty-five (35) feet above the grade of the highway. The maximum height for signs with a sign face measuring up to six hundred seventy-two (672) square feet is forty-five (45) feet above the grade of the highway. The maximum sign height includes any portion of the sign structure, sign face, and any decorative embellishments attached to the sign structure. 3) Setback and vertical clearance. The minimum setback of any portion of the sign area measuring up to two hundred fifty (250) square feet is ten (10) feet from the edge of the public right-of- way. These signs shall have a minimum eight (8) feet vertical clearance measured from the street grade of the nearest driving lane to the lowest line of the sign area. Except when a freestanding off-premise sign projects over a vehicular traffic area, such as driveway and parking lot aisles, the minimum vertical clearance shall be eighteen (18) feet. A minimum setback of any portion of the sign area or structure for 14' x 48' signs shall be twenty (20) feet from the edge of the public right-of-way. These signs shall have a minimum vertical clearance of eighteen(18) feet. 4) Spacing. A minimum of five hundred (500) feet between off-premise signs facing the same traffic flow in the same street or freeway shall be required in all cases. • . - - • •, - - !.. .. . . . •• . - - - .. At the intersection of two (2) streets, double-faced signs at right angles to and facing traffic at Street "A" may be situated closer than two thousand (2 000) five hundred (500) feet to a similarly positioned sign across the street at right angle to and facing traffic on Street "B" (see Figure 1). ORDINANCE NO. 2014-02 PAGE 5 FIGURE 1 STREET B 1 A STREET A In the event that an off-premise sign is located at the corner of a lot or parcel with two (2) street frontages, the sign is counted twice for the purpose of establishing the spacing for off-premise signs in each street frontage ., . - . . ' • _ -- - .. . .. . . . .. ••• -. All off-premise signs shall have a minimum spacing of fifty (50) feet from any on-premise sign structure located along the same linear street frontage. 5) Prohibited signs. All prohibited signs outlined in Section 31.D.2 of these Regulations will be applied accordingly. In addition, changing signs as defined in this ordinance are prohibited for use as off-premise signs. Off- premise signs are also prohibited within public rights-of-way and in other zones, except as provided by these Regulations. d. Prohibited areas. Except as provided in these Regulations, all off-premise signs shall be prohibited at any of the following locations: 1) Less than one hundred (100) feet measured from the nearest residential property line located in any residential zoning district. 2) Designated "Sign Free" areas where gradual and eventual elimination rather than expansion of nonconforming off-premise signs and structures will be undertaken and no new signs will be installed as follows: : designated areas on Highway 95 approaching Lake Havasu City, along Interstate 40 in the Yucca area (Sections 12 and 13, Township 17 North, Range 18 West), and in any area designated in the Mohave County General Plan as a Scenic Route or Vista, except Highway 93 north of Pierce Ferry Road. These designated areas would not preclude the establishment of noncommercial signage or temporary signs if established by zoning use permit and approved by resolution of the Board of Supervisors. 3) Within five hundred (500) feet at the beginning or end of the pavement of the exit or entrance of a traffic interchange. ORDINANCE NO. 2014-02 PAGE 6 4) Less than one thousand(1,000) feet from the exterior boundary of any Federal, State, County, or City historic district,park or monument. 5) Additional areas may be designated by the Board of Supervisors in a similar manner as an amendment to these Regulations. e. Method of installation. Each off-premise sign shall be erected as a freestanding sign as defined in these Regulations. No off-premise sign shall be erected on the wall or roof. The name of the maker, the date of erection, and the permit number shall be permanently affixed to each sign installation. Such information shall be clearly legible and located in a conspicuous place on each sign. f. Maintenance. Every sign shall be maintained in a safe, presentable and good structural condition at all times, including the replacement of defective parts, repainting, cleaning and other acts necessary for the maintenance of the sign. Any sign or sign structure which is damaged or deteriorated to an extent that the replacement cost of repair equals fifty (50) percent or more of the replacement value of the sign if sound, shall either be rebuilt or replaced in conformance with the standards and requirements of these Regulations, or be removed all together. Any sign which is not maintained or replaced if damaged more than fifty (50) percent or more of the replacement value shall forfeit its zoning use permit after thirty(30)days of written notice. g. Sign removal. The Zoning Inspector shall cause the repair or removal of any sign that endangers the public safety, such as materially dangerous, electrically or structurally defective sign, or an abandoned sign. Should the Zoning Inspector determine that the sign or sign structure causes eminent danger to the public safety, contact shall be made with the owner to require immediate removal or correction. PASSED, APPROVED AND ADOPTED THIS 7th DAY OF JULY, 2014 MOHAVE COUNTY BOARD OF SUPERVISORS MOHAVE COUNTY BOARD OF SUPERVISORS ATTEST ���\1\\��1111(4eudi�il//� Q(� �®�'��� iyAngiushairman Clerk O ;�.►= --� rr 1,14.4 %� ': DTAI DEUS vh