§ 42. SIGN ORDINANCE.
A.
Purpose. The purpose of this section is to provide fair, comprehensive, and enforceable regulations that will ensure the public health, safety and welfare; provide a good visual environment for Mohave County while providing for the advertisement of goods and services, and other statements. Signs are regulated to:
1.
Protect property values in the County;
2.
Preserve the beauty and unique character of the County's scenic routes;
3.
Provide an improved visual environment for the residents of, and visitors to, Mohave County;
4.
Protect the motoring and pedestrian traffic from hazards due to distractions or obstructions caused by improperly located signs;
5.
Promote travel and the free flow of traffic within the county;
6.
Prevent undue visual competition;
7.
Facilitate signs advertising businesses, goods and services, and signs containing other statements protected by the First Amendment to the Constitution of the United States.
B.
Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
Abandoned Sign: A sign which no longer correctly advertises an ongoing business, a bona fide lessor or owner, an available product, or activity conducted or product available on the premises where such sign is displayed. Whether a sign has been abandoned, or not shall be determined by the intent of the owner of the sign.
Administrator: The Development Services Director of Mohave County or their designated representative.
Advertising Message: That copy on a sign describing products or services being offered to the public. This shall mean any writing, printing, painting, display, emblem, drawing, sign, or other device designed, used, or intended for outdoor display or any type of publicity or propaganda for the purpose of making anything known or attracting attention to a place, product, service, or idea.
Advertising Sign: see "Sign."
Alter or Alteration: The changing in structural components or decrease or increase in size, height and location. It shall also mean any change in advertising content if such change causes the sign to change in classification from an on-premises sign to an off-premises sign or vice versa, or a change in electrical loads.
Animated Sign: A sign employing actual motion, the illusion of motion, or light and/or color changes achieved through mechanical, electrical or electronic means. Animated signs, which are differentiated from changeable signs as defined herein, include the following types:
1)
Environmentally Activated: Animated signs or devices motivated by wind, thermal changes, or other natural environmental input or other natural environmental input. Includes spinners, pinwheels, pennant strings, and/or devices or displays that respond to naturally occurring external motivation.
2)
Mechanically Activated: Animated signs characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.
3)
Electronically Activated. Animated signs producing the illusion of movement by means of electronic, electrical, electrical or electromechanical input and/or illumination capable of simulating movement through employment of the characteristics of one or both of the classifications noted below:
a)
Flashing: Animated signs or animated portion of signs whose illumination is characterized by a repetitive cycle in which the period of illumination is either the same as or less than the period of non-illumination. For the purposes of this ordinance, flashing will not be defined as occurring if the cyclical period between on-off phases of illumination exceeds four (4) seconds.
b)
Patterned Illusionary Movement: Animated signs or animated portions of signs whose illumination is characterized by simulated movement through alternate or sequential activation of various illuminated elements for the purpose of producing repetitive light patterns designed to appear in some form of constant motion.
Balloon: An inflatable device greater than thirty-six (36) inches in diameter at its largest dimension.
Banner Sign: A temporary sign composed of lightweight material, either enclosed or not enclosed in a rigid frame, secured and/or mounted so as to allow movement of the sign caused by movement of the atmosphere.
Billboard: see "Off-Premises Sign."
Building Frontage: The linear length of a building facing the right-of-way or the linear length of the right-of-way facing the building, whichever is smaller.
Building Sign: Any sign attached to a building.
Canopy or Marquee: A permanent roof-like shelter, extending from part or all of a building face over a public right-of-way and constructed of some durable material such as metal, wood, glass, plastic, or canvas.
Canopy or Marquee Sign: Any sign attached to or constructed in or on a canopy or marquee.
Changeable Copy Sign (Manual): A sign on which copy is changed manually in the field; i.e., reader boards with changeable letters or changeable pictorial panels.
Changeable Copy Sign (Automatic): A sign such as an electronically or electrically controlled public service time, temperature, and date sign, message center or reader board, where different copy changes are shown on the same lamp blank.
Copy (Permanent and Temporary): The wording on a sign surface either in permanent or removable letter form.
Curb Line: The line at the back of the curb nearest the street or roadway. In the absence of a curb, the curb line shall be established by the County Engineer or his authorized representative.
Detached Sign: see "Freestanding Sign."
Directional Sign: Any sign that serves solely to designate the location or direction of any place or area.
Directory Sign: A sign designed to show the logos, names and or symbols of several businesses on one sign structure; also, it may be a sign designed to show the relative locations of several commercial activities within a shopping center or other multi-tenant development.
Directly Illuminated Sign: Any sign designed to provide artificial light either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign.
Electrical Sign: Any sign containing electrical wiring which is attached or intended to be attached to an electrical energy source.
Erected: This term shall mean attached, altered, built, constructed, reconstructed, enlarged, or moved, and shall include the painting of wall signs, but does not include copy changes on any sign.
Exempt Signs: Signs exempted from normal permit requirements.
Face of Sign: The entire area of sign on which copy could be placed.
Fascia Sign: see "Wall Sign."
Flashing Sign: Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source. (Automatic changing signs such as public service time, temperature and date signs or electronically controlled message centers are classed as "Changing Signs" not Flashing Signs.)
Freestanding Signs: A sign principally supported by one or more columns, poles, or braces placed in or upon the ground. May also be referenced as a "Ground" or "Monument Sign".
Freeway Oriented Sign (Controlled Access Highway Sign): Any sign identifying premises where food, lodging, or places of business are located that engage in supplying goods and services essential to normal operation of motor vehicles, and where such businesses are directly dependent upon the adjacent freeway for business.
Frontage: The length of the property line of any premises parallel to and along each public right-of-way it borders.
Ground Level: Street grade.
Height of Sign: The vertical distance measured from the adjacent street grade or upper surface of the nearest street curb, other than an elevated roadway, which permits the greatest height to the highest point of said sign.
Illegal Sign: Any sign not in accordance with or authorized by these Regulations.
Identification Sign: A sign which is limited to the name, address, and number of a building, institution or person, and to the activity carried on in the building or institution, or the occupancy of the person.
Incidental Sign: A sign pertaining to goods, products, services, or facilities that are available on the premises where the sign is located. See On-Premises Sign.
Indirectly Illuminated Sign: Any sign that reflects light from a source intentionally directed upon it; i.e., by means of floodlights or fluorescent light fixtures.
Individual Letter Sign: Any sign made of self-contained letters that are mounted on the face of a building, top of parapet, roof edge of a building, or on top of or below a marquee.
Interior Property Line: Property lines other than those fronting on street, road, or highway.
Lintel: In this context, the line above the display windows and below transom windows (if any) on a store (usually approximately 9'0" from grade).
Lot: A legally defined and delineated parcel of land exclusive of easements for road purposes having direct access to a dedicated public road, or way.
Maintenance (Maintain): 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. The word maintenance shall not include, however, any act that requires that a permit be obtained.
Message: The wording or copy on a sign.
Monument Sign: Freestanding signs with a maximum height of six (6) feet. The base of the sign is either placed entirely upon the ground or no more than twelve (12) inches above the ground.
Mural: Any picture, scene, or diagram painted on any exterior walls or fence. The area of a mural that does not contain copy mentioning or depicting a specific business is not a sign and shall not be considered in the calculation of sign area.
Nameplate: A non-electric sign identifying only the name and address of the occupant of the premises on which the sign is located.
Noncommercial Messages: Any noncommercial messages for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public; but not including any flag, badge or insignia of any government or governmental agency, or any civic, charitable, religious, patriotic, fraternal, or similar organization, and further, not including any lawful display of merchandise.
Nonconforming Sign (Legal): Any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of these Regulations and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of these Regulations, or a nonconforming sign for which a special permit has been issued.
On-Premises (On-Site) Sign: Any sign identifying or advertising a business, person, activity, goods, products, or services, located on the premises where the sign is installed and maintained.
Off-Premises (Off-Site) Sign: Any sign that advertises goods, products, entertainment, services, or facilities, and directs persons to a different location from where the sign is installed.
Owner: Any individual, firm, association, syndicate, co-partnership, corporation, trust, or any other legal entity having a vested or contingent interest in the property in question.
Parapet or Parapet Wall: That portion of a building wall that rises above the roof level.
Person: Any individual, corporation, association, firm, partnership, and the like, singular or plural.
Pole Sign: see "Freestanding Sign."
Portable Sign: Any sign not permanently attached to the ground or a building.
Premises: An area of land with its appurtenances and building which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
Projecting Signs: A sign, other than a wall sign, which is attached to and projects from a structure or building face. The area of double-faced projecting signs is calculated on one (1) face of the sign only, provided the same message appears on both sides.
Public Right-of-Way Width: The perpendicular distance across a public street, measured from property line to property line. When property lines on opposite sides of the public street are not parallel, the public right-of-way width shall be determined by the County Engineer.
Public Service Information Sign: Any sign intended primarily to promote items of general interest to the community such as time, temperature and date, atmospheric conditions, news or traffic control, etc.
Real Estate or Property for Sale, Rent, or Lease Sign: Any sign pertaining to the sale, lease or rental of land or buildings.
Repair: see "Maintenance."
Roof Sign: Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. All support members shall be free of any external bracing, guy wires, cables, etc. Roof signs shall not include signs defined as wall signs.
Rotating Signs: Any sign or portion of a sign that moves in a revolving or similar manner.
Sign: Any identification, description, illustration or device illuminated or non-illuminated which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, services, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise; or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and national flags. For the purpose of removal, signs shall also include all sign structures.
Sign Area: The area of the largest single face of the sign within a perimeter which forms the outside shape, including any frame that forms an integral part of the display, but excluding the necessary supports or uprights on which the sign may be placed. If the sign consists of more than one section or module, all areas will be totaled.
Sign Structure: Any structure that supports, has supported, or is capable of supporting a sign, including decorative cover.
Swinging Sign: A sign installed on an arm or spar that is not, in addition, permanently fastened to an adjacent wall or upright pole.
Temporary Sign: Any sign, banner, pennant, valance, or advertising display intended to be viewed for a period of time not exceeding ninety (90) days, or other time limit as specified by these Regulations.
Transom Windows: A window above a door or other window built on and often hinged to a horizontal crossbar.
Under Canopy or Marquee Sign: A sign suspended below the ceiling or roof of a canopy or marquee.
Unlawful Sign: A sign which contravenes these Regulations or which the Director may declare as unlawful if it becomes dangerous to public safety by reason of dilapidation or abandonment, or a nonconforming sign for which a permit required under a previous ordinance/regulation was not obtained.
Wall Sign (or Fascia Sign): A sign attached to or erected against the wall of a building with the face in a parallel plane to the plane of the building wall, and extending no further than six (6) inches from the wall.
Window Sign: A sign installed inside a window for the purposes of viewing from outside the premises. This term does not include merchandise located in a window.
C.
Permits.
1.
Requirements. Except as otherwise provided in these Regulations, it shall be unlawful for any person to erect, construct, enlarge, move, alter or convert any sign in the County, or cause the same to be done, without first obtaining a sign permit for each such sign from the County Development Services Department as required by these Regulations.
2.
Routine Maintenance Exempt. A permit shall not be required for the change in copy or wording including the business and/or product advertised, provided that the change does not change the sign from an on-premises sign to an off-premises sign; the reprinting, cleaning and other normal requirements of maintenance or repair of a sign or sign structure for which a permit has previously been issued, so long as the sign or sign structure is not modified in any way.
3.
Expiration of Permits. Every sign permit issued by the Mohave County Development Services Department shall become null and void if construction is not commenced within one hundred eighty (180) days from the date approved, and if construction is not completed within two hundred forty (240) days.
4.
Fees. At the time of application for a sign permit, the applicant shall pay the permit fee based on the then applicable fee schedule. In addition, when any sign is hereafter erected, placed, installed or otherwise established on any property prior to obtaining permits as required by these Regulations, the fees specified hereunder shall be doubled but the payment of such double fee shall not relieve any person from complying with other provisions of these Regulations or from penalties prescribed herein.
Fee Schedule. The fees for signs shall be according to an appropriate fee or as adopted by the Board of Supervisors.
5.
Application Forms.
a.
Applications shall be submitted on forms obtained from Mohave County Development Services Department, must include the following information:
1)
complete legal description of the lot or parcel of land on which the sign will be erected;
2)
the size, the location; i.e., if it is to be placed on a building or to be freestanding;
3)
identification of the type of sign structure;
4)
a plot plan, drawn to scale, showing the location of the sign on the lot and, if appropriate, building; and
5)
all other information defined on the application form.
b.
The submittal of an application does not authorize commencement of the erection of any proposed sign; erection shall not commence until proper review and approval has been made.
6.
Issuance or Denial of Permit. Development Services shall issue a permit for the erection, alteration, or relocation of a sign within the County when an application has been properly made and the sign complies with all appropriate laws and regulations of the County and State. When a sign permit is denied, the applicant shall be given written notice of the denial, together with a brief written statement of the reason(s) for the denial. No permit for a sign issued hereunder shall be deemed to constitute a defense in an action to abate an unlawful sign.
D.
Exempt, Prohibited and Nonconforming Signs.
1.
Exempt Signs. The following signs shall be exempt from the provisions of these Regulations but are not exempt from building code requirements:
a.
Construction sign. One (1) construction sign per construction project not exceeding sixty-four (64) square feet in commercial or industrial districts, provided that such signs shall be erected no more than ninety (90) days prior to the beginning of construction, shall be confined to the site of construction, and shall be removed five (5) days prior to the final inspection. Construction signs are prohibited in front of individual houses.
b.
Signs required by federal or state law and signs required by the County, including contractor's signs.
c.
Directional or instructional signs. Signs, including way-finding signs, which provide direction or instruction and are located entirely on the property to which they pertain and do not in any way advertise a business and do not exceed four (4) square feet in area, signs identifying restrooms, walkways, or signs providing direction such as parking lot entrance and exit signs and those of similar nature.
d.
Flags. The flags, emblems, or insignia of any nation or political subdivision or corporate flag.
e.
Governmental signs. Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs, and signs of public service companies indicating danger and aids to service or safety which are erected by, or on the order of, a public officer in the performance of his public duty.
f.
Political and campaign signs. Political and campaign signs on behalf of candidates for public office or measures on primary, general or special election ballots are exempt in all zoning districts.
g.
Grand opening/open house signs. Banners, pennants, searchlights, twirling signs, sandwich board (A-frame) signs, sidewalk or curb signs, balloons or other gas-filled figures shall be allowed on a temporary basis to advertise a grand opening and/or open house. These signs will be allowed at the opening of a new business in a commercial or industrial zone for a total period not to exceed ninety (90) days and will be allowed in residential districts in conjunction with an opening for a subdivision, development or housing development, an open house or model home demonstration conducted by a realtor for two (2) days before and two (2) days after the opening and not to exceed a total of thirty (30) days.
h.
Street numbers and name plates.
i.
Interior signs. Signs, located within the interior of any building or theater that are not visible from the public right-of-way or other outdoor areas.
j.
Memorial signs. Memorial signs or tablets, names of buildings, and date of erection when cut into any masonry surfaces or inlaid so as to be part of the building or when constructed of noncombustible material.
k.
Notice bulletin boards. Notice bulletin boards not over twenty-four (24) square feet in area for medical, public, charitable or religious institutions where the same are located on the premises of said institution.
l.
Warning and trespassing signs, including no hunting and no dumping signs, not exceeding three (3) square feet in size and spaced at least one hundred (100) feet from each other on the same street frontage.
m.
Occupant signs. One (1) sign for each residential dwelling unit not to exceed two (2) square feet in area, indicating the name of the occupant, location and/or identification of occupant's profession.
n.
Signs in any zone that do not advertise a good or service available on the premises or off-premises but convey a thought or other concept protected by "free speech."
o.
Permanent window signs. Except in residential zones, for each ground floor occupancy of a building, not more than two (2) permanent signs, which are visible from a public right-of-way, may be painted on or otherwise displayed from the inside surface of any window, showcase or other similar facility. Said signs shall be in addition to those signs permitted under the other provisions of these Regulations. The total copy area of such signs, however, shall not exceed a maximum of twenty-five percent (25%) of the total window area, or one (1) square foot per lineal front foot of the premises occupied, whichever is the lesser.
p.
Decal signs. Decals and/or logos affixed to windows or door glass panels when the sign covers less than twenty-five percent (25%) of the total window area or when clear or perforated material is used.
q.
Plaques. Plaques or name plate signs, not more than two and one-half (2 1/2) square feet in area, which are fastened directly to the building.
r.
Public notices. Official notices posted by public officers or employees in the performance of their duties.
s.
Public signs. Signs required specifically authorized for a public purpose by law, above grade, location, illumination, or animation, required by the law, statute or ordinance under which the signs are erected.
t.
Real estate signs. One (1) real estate sign on any lot or parcel, provided such sign is located entirely within the property to which the sign applies, is not directly illuminated, does not exceed six (6) square feet in area, and is removed within seven (7) days after the sale, rental, or lease has been accomplished.
u.
Signs in the display window. Signs in the display window of a business use which are incorporated with a display of merchandise or a display relating to services offered which comply with subparagraph o.
v.
Symbols or insignia. Religious symbols, commemorative plaques of recognized historical agencies, or identification emblems of religious orders or historical agencies, provided that no such symbol, plaque or identification emblem shall exceed four (4) square feet in area, and provided further that all such symbols, plaques and identification emblems shall be placed flat against the building.
w.
Temporary signs. Temporary signs not exceeding four (4) square feet in area in residential zones, and forty-eight (48) square feet in area in commercial and industrial zones pertaining to drives or events of civic, philanthropic, educational or religious organizations, provided that said signs are posted only during said drive of no more than twenty (20) days before said event, and are removed no more than five (5) days after an event. Temporary signs facing streets with posted speed limits of forty-five-(45) mph or greater may be a maximum forty-eight (48) square feet in any zone. Signs along state highways (93, 68, 66, 95, 389, Interstate 40 and Interstate 15) require a permit from the Arizona Department of Transportation.
x.
Warning signs. Signs warning the public of the existence of danger, to be removed upon subsidence of danger.
y.
Arena signage that faces inward toward spectators and cannot be seen from any roadway, right-of-way or roadway easement.
z.
Neighborhood signs in any zone. A sign, masonry wall, landscaping and other similar materials or features, may be combined to form a display for neighborhood development or subdivision identification, provided that the legend of such sign or display shall consist only of the neighborhood development or subdivision name.
2.
Prohibited Signs.
a.
Signs that imitate or resemble official traffic lights, signs or signals or signs that interfere with the effectiveness of any official traffic light, sign or signal.
b.
Signs containing strobe lights, except as otherwise provided in these regulations.
c.
Miscellaneous signs and posters. Except as otherwise provided in these Regulations, the tacking, pasting or otherwise affixing of miscellaneous signs, visible from a public way, located on the walls of buildings, barns, sheds, on trees, posts, fences, or other structure, is prohibited.
d.
Mechanically moving signs. An environmentally activated sign or other display with actual mechanical motion powered by natural, manual, mechanical, electrical or other means, including but not limited to pennant strings, streamers, spinners, propellers, and search lights.
e.
Abandoned signs. Such business signs that advertise an activity, business, product or service no longer conducted or available.
f.
Vehicles and trailers used as signs. No unregistered or un-roadworthy vehicle or trailer bearing an advertising message or business identification shall be parked or located on public or private property so as to be visible from a public right-of-way for the basic purpose of advertising a business, project or activity or directing people to a business, project or activity. This section is intended to prohibit the location or parking of vehicles or trailers as signs or in lieu of conventional signs and is not intended to regulate vehicles or trailers which are regularly used for the transportation of persons or goods and which only incidentally bear an advertising message or business identification.
g.
Public areas. Except as otherwise provided in these Regulations, no sign shall be permitted which is placed on any curb, sidewalk, post, pole, hydrant, bridge, tree or other surface located on public property or over or across any street or public thoroughfare.
h.
Banners. Except as otherwise provided in these Regulations, banners, pennants, searchlights, twirling signs, sidewalk or curb signs, balloons or other gas-filled figures shall not be used on a permanent basis.
i.
Flags. Flags other than those of any nation, state or political subdivision or corporate flag are prohibited except as set forth in Section 42.D.1.g.
j.
Swinging signs. Swinging signs are prohibited, except in the case of real estate signs not exceeding six (6) square feet.
k.
A-Frame signs. A-frame or sandwich board, sidewalk or curb signs are prohibited in all residential zones, except as provided elsewhere in these regulations.
l.
Portable signs. Portable or wheeled signs are prohibited. This shall not be interpreted to prohibit lettering on motor vehicles.
m.
Mirrors. No mirror device shall be used as part of a sign.
n.
Unclassified signs. The following signs are also prohibited, which:
1)
bear or contain statements, words or pictures of an obscene, pornographic, immoral character, or which contain advertising matter which is untruthful;
2)
are painted on or attached to any fence or any wall which is not structurally a part of a building, except to identify a residence or residence structure by means of posting the name of the occupant or structure, and the street address;
3)
operate or employ any stereopticon or motion picture projection or media in conjunction with any advertisements, or have visible moving parts or give the illusion of motion except as permitted in these Regulations;
4)
emit audible sound, odor, or visible matter.
3.
Legal Nonconforming Signs.
a.
Any legally sited sign located within the County on the date of adoption of these Regulations, is as a "legal nonconforming" sign, and is allowed, provided it also meets the following requirements:
1)
the sign was covered by a Zoning (Building) Permit on the date of adoption of these Regulations, if one was required under applicable law; or
2)
if no Zoning (Building) Permit was required, under applicable law for the sign in question, the sign was in all respects in compliance with applicable law on the date of adoption of these Regulations.
b.
Loss of legal nonconforming status. A legal nonconforming sign shall immediately lose its legal nonconforming designation if:
1)
the sign is altered in any way in structure;
2)
the sign is altered such that an on-premises sign becomes and off-premises sign.
3)
except as provided by these Regulations, the sign is relocated; or
4)
the sign is an abandoned sign.
Any sign that loses its legal nonconforming designation shall be immediately brought into compliance with these Regulations and a new permit secured, or shall be removed.
c.
Nonconforming on-premises and off-premises signs that must be relocated due to a governmental action such as, but not limited to, roadway or highway widening, can be relocated without losing the nonconforming status provided that each sign complied with the regulations when originally constructed. To relocate a nonconforming off-premises sign to another parcel, a zoning use permit must be obtained and the replacement sign must comply with the regulations in effect when the original sign was constructed.
d.
Legal nonconforming sign maintenance and repair. Nothing in this section shall relieve the owner or user of a legal nonconforming sign, or owner of the property on which the legal nonconforming sign is located, from the provisions of these Regulations regarding safety, maintenance and repair of signs, contained in these Regulations, provided, however, that any repainting, cleaning, and other normal maintenance or repair of the sign or copy in any way which makes it more nonconforming, or the sign may lose its legal nonconforming status.
E.
Temporary Signs.
1.
The following temporary signs require a sign permit and may be located in any zone including designated sign-free areas:
a.
Real estate signs. Non-illuminated real estate signs that exceed six (6) square feet are allowed along roads with posted speed limits thirty-five (35) miles per hour or greater provided that no sign shall exceed forty-eight (48) square feet. Signs must be removed no later than five (5) days after final sale of the property.
b.
Tract/development signs. Non-illuminated signs advertising a new subdivision or new multi-family complex, provided:
1)
In single-family residential zones, signs shall not exceed forty-eight (48) square feet.
2)
In multiple-family and commercial zones, signs for developments of ten (10) acres or less not to exceed forty-eight (48) square feet in area. For developments more than ten (10) acres, each sign shall not exceed sixty-four (64) square feet in area, except that tract signs in designated sign free areas shall not exceed forty-eight (48) square feet.
3)
Signs for new subdivision tracts are allowed following the recordation of the final plat, while sales of lots are actively under way, except that the signs must be removed within two years or when 80% of lots in the subdivision have been sold, whichever is greater.
4)
Signs for new multi-family complexes are allowed no sooner than ninety (90) days prior to the construction, and during the initial renting or selling period. Signs must be removed within two (2) years from completion of construction.
5)
Off-premises tract/development signs must comply with the spacing requirements for off-premises signs in Section 42.K.4 of these Regulations. Off-premise/development tract signs along state highways (93, 68, 66, 95, 389, Interstate 40 and Interstate 15) require a permit from the Arizona Department of Transportation.
F.
On-Going Temporary On-Premises Signs.
1.
These signs shall be permitted in the C-1, C-2, C-2H, C-MO, M-1, M-2, and MX zoning districts, and commercial planned development districts.
2.
Signs may be displayed year round.
3.
The signs are limited to A-frame signs, banners, pennants, wind-driven spinners, streamers, balloons, flags, inflatable structures/signs and signs made of paper or plastic.
4.
The maximum cumulative total area of all temporary on-premises signs shall be one square foot of sign area for each linear foot of property frontage that has the physical address, up to a maximum of one-hundred fifty (150) square feet beyond the area allowed in 42.I.1.a of this subsection.
5
These signs shall be no taller than the freestanding sign height allowed in the zoning district where the sign is located.
6.
The signs shall not be illuminated.
7.
Sign Placement:
a.
These signs shall be contained on sign owner's private property.
b.
No portion of any sign shall extend beyond the property owner's property line.
c.
No sign shall be placed in the public right-of-way.
d.
No sign shall be attached to any landscape hedge or bush, streetlight and signal poles, street or regulatory signs, or utility poles.
e.
Site placement must comply with Table 1.
8.
The signs shall be maintained in safe, presentable and good condition.
9.
The property owner or lessee is responsible for maintaining, repairing and removing the temporary signs.
Table 1
Design
Speed
of Road
(MPH)
Minimum Site
Distance
(ft)
30 200 40 274 50 400 G.
Enforcement. This section shall be enforced according to Section 40 of these Regulations.
H.
Sign Area Computational Methodology.
1.
Area of Ground Signs shall be calculated per Figure 1.
Source: United States Sign Code Council
Source: United States Sign Code Council
2.
Area of Wall, Roof and Fascia Signs shall be calculated per Figure 2.
Source: United States Sign Code Council
I.
General Provisions. Regulations and limitations of permitted signs.
1.
Freestanding (Ground Signs).
a.
Except as provided below, one (1) ground sign that has a face for each direction of traffic, and complies with the height and area limitations in Table 2, is permitted for each premises having frontage on a public right-of-way.
b.
Where a parcel has in excess of three hundred (300) feet of frontage, one (1) additional freestanding sign that has a face for each direction of traffic, and complies with the height and area limitations in Table 2, may be erected for each additional three hundred (300) feet of street frontage in excess of the first three hundred (300) feet of street frontage abutting the developed portion of said parcel.
c.
The occupant may elect to combine the allowable area of two (2) or more ground signs, where permitted, into one (1) ground sign with a maximum allowable area not to exceed one (1) square foot for every one (1) linear foot of frontage along the same right-of-way, up to a maximum up to twice the maximum established in Table 2 of this section. If a sign has more than one (1) face, the total permitted area may not exceed twice the area permitted for one (1) face.
d.
Where a premises fronts on more than one (1) public right-of-way or street, excluding alleys and service ways, the provisions of Paragraph 1.a. of this section and Table 2 shall apply to each frontage.
e.
No freestanding sign may exceed in height the distance measured from any portion of the sign to the center of the adjoining public right-of-way, provided, however, that the maximum height of any portion of any freestanding sign or sign structure shall be in accordance with Table 2.
Table 2
PUBLIC
RIGHT-
OF-WAY
WIDTH
TRAFFIC
SPEED
AREA
EACH
FACE
MAXIMUM
HEIGHT
60 ft or less 15-35 75 sq. ft. 25 ft. 35-45 150 sq. ft. 30 ft. 50- 200 sq. ft. 40 ft. More than 60 ft 15-30 150 sq. ft. 30 ft. 35-45 200 sq. ft. 40 ft. 50- 250 sq. ft. 45 ft. f.
Rotating freestanding signs are only permissible when a rotating sign replaces or substitutes for two (2) other freestanding signs
g.
Minimum clearance. Where a freestanding sign projects over a vehicular traffic area, such as a driveway or parking lot aisle, the minimum clearance between the bottom of the sign and the ground shall be sixteen (16) feet.
2.
Building Signs.
a.
Building signs include wall or fascia signs, roofs signs, and signs otherwise permanently applied to walls or other building surfaces.
b.
The total area of all parallel wall signs applied to any given façade shall not exceed the area computed as a percentage of the building façade in elevation view, including window and door areas and cornices to which they are affixed or applied in accordance with Table 3.
c.
In the case of a shopping center or group of stores or other business uses on a lot held in single ownership, the provisions of this section relating to the total area of signs permitted on a premises shall apply with the respect to each building, separate store, separate storefront, or separate use. Only wall signs shall be permitted for individual establishments in a shopping center or on a property with more than one use, entity or business (multi-use or multi-tenant properties; these properties may also have one (1) free standing sign permit street frontage).
d.
Graphic treatment in the form of striping or patterns shall be permitted on the face of any building, freestanding canopy, marquee or architectural projection, and the area of the graphic treatment shall not be calculated as a component of the permitted copy area.
Table 3 - Building Signs
Distance of sign
from road or
adjacent Commercial or
Industrial Zone
Percentage of building
elevation façade
permitted for
sign area
0 to 100 feet Fifteen (15%) 101 to 300 feet Twenty (20%) Over 301 feet Twenty-Five (25%) e.
Roof Signs.
1)
Roof signs are permitted in the commercial and industrial zones and are lieu of any building or wall sign. For permitted roof sign area, see Table 3 above. The height of any roof sign above the highest architectural point of the building to which it is mounted shall not exceed the percentage of the vertical dimension of the building façade parallel to the sign in accord to the following. Measurements shall be computed from the highest building point to the top of the sign.
a)
Commercial Zones — Twenty-five (25) percent.
b)
Industrial Zones — Forty (40) percent.
2)
The area calculation for any roof sign whose orientation on a roof may be other than parallel to an individual building façade shall be computed with reference to the building façade that most closely parallels the orientation of such sign.
3.
Projection Signs.
a.
Any one (1) tenant with frontage on a public right-of-way is permitted to have one (1) projecting sign along that public right-of-way. The projecting sign may exist instead of, but not in addition to, a freestanding sign or roof sign. Where a premises is allowed two (2) freestanding signs, the occupant may elect to substitute a projecting sign for one (1) of the freestanding signs. If a premises has at least three hundred (300) feet of frontage along any one (1) right-of-way, the occupant may have two (2) projecting signs.
b.
Projection signs shall not project into the public right-of-way.
c.
No projecting sign may rise more than six (6) feet above the top of a parapet.
d.
Minimum clearance. Projecting signs shall have a minimum clearance of ten (10) feet between the bottom of the sign and the ground.
e.
A cantilever support may rise twelve (12) inches above the parapet; however, where there is a space between the edge of the sign and the building face, such cantilever must be enclosed.
4.
Canopy Signs (also Marquee Signs and Signs on Architectural Projections). Where canopy signs are allowed, such signs shall be subject to the following conditions:
a.
Canopy Signs, Marquee Signs and Signs on Architectural Projections are signs that are mounted to either structures that project off the face of the building more than eighteen (18) inches or signs that are mounted to a freestanding structure not attached to a building that creates a canopy or covering over an area below.
b.
Signs affixed or applied in an essentially flat plane to the face of a building, canopy, marquee or architectural projection shall not exceed for forty percent (40%) of the area of the canopy, marquee or architectural projection face.
c.
No portion of a canopy sign can be closer than two (2) feet to a vertical line from the back of curb.
d.
A freestanding sign supported by a sign structure, which is imbedded in the ground and independent of a canopy for structural support, may project above and over a canopy but may not project over, in whole or in part, the roof of the building.
5.
Signs on awnings. Signs not exceeding an area in accordance with Table 3 of this section, may be painted, placed, or installed upon the hanging border only of any awning erected and maintained in accordance with these Regulations.
6.
Sloping roof signs. A sign may be attached to the fascia of a structure, or located on the sloping roof of a structure, but may not be located so as to extend more than four (4) feet above the fascia of said sloping roof, but the top of the sign must be a minimum of one (1) foot below the top of the roof line.
7.
Other signs.
a)
Incidental signs. Up to two (2) incidental signs may be attached perpendicular to the wall. Such signs are restricted to, credit cards accepted, official notices of services required by law, or trade affiliations. Area of each sign may not exceed five (5) square feet; the total area of all such signs may not exceed ten (10) square feet.
b)
Directional signs. One (1) such sign is permitted near each driveway. Area of each sign may not exceed twelve (12) square feet. Maximum permitted height shall be twelve (12) feet.
c)
Manual or automatic changeable copy signs. Any of the types of signs permitted in these Regulations may be permitted as manual or automatic changeable copy signs.
8.
Every sign shall have the name of the maker, the date of the erection, and the permit number. Such information shall be clearly legible and in a conspicuous place on each sign installed.
J.
Signs Permitted by Zoning.
1.
Signs permitted in residential zones. The following on-premises signs are permitted in residential zones:
a.
Multi-family residential uses may have one (1) indirectly lighted or unlighted identification sign of a maximum of thirty (30) square feet in area, placed on a wall of the building containing only the name and address of the building and one monument sign not to exceed seventy-two (72) square feet at the entrance.
b.
Subdivision signs. Subdivisions and planned communities may have one monument sign not to exceed seventy-two (72) square feet at each entrance.
c.
Temporary signs as allowed in Section 42.E of these Regulations.
d.
Two (2) signs pertaining to a garage or yard sale, limited in area to four (4) square feet, and shall be allowed only during the sale, not to exceed five (5) days.
2.
Signs permitted in a manufactured home park. A manufactured home park shall be allowed one (1) sign:
3.
Shadow lighted or unlighted identification signs, not exceeding thirty (30) square feet when erected parallel to the right-of-way.
4.
Permitted on-premises signs in commercial and industrial zones.
a.
One (1) freestanding sign, that complies with Section 42.I.1, indicating the name, nature and/or products available on the developed parcel not to exceed one (1) square foot of sign area for each linear foot of street frontage abutting the developed portion of said parcel.
b.
Freestanding signs may be allowed to set back from the interior property lines a distance of one (1) foot. In no instance shall a sign be erected less than one (1) foot from any interior property line, nor shall any sign be erected in such a manner as to allow any portion of any sign to encroach upon or overhang above any adjacent property.
c.
No freestanding sign shall exceed the height or area established by Table 2, Section 42.I.1. No height limit is specified for signs placed flat against the wall of a building for other attached signs, provided all other provisions of these Regulations are complied with.
d.
With the exception of a freestanding sign, a sign may be located within or project into a required front or street side yard setback area, if the setback area extends five (5) feet. However, no sign may project into or over an abutting public right-of-way except as otherwise provided for in these Regulations.
e.
Freestanding signs shall be located so as to provide a clear view of vehicular and pedestrian traffic. However, no sign may project into or over an abutting public right-of-way except as otherwise provided for in these Regulations.
f.
Animated and intensely lighted signs and moving signs may be permitted as one of the allowed on-premises signs in a commercial zone upon the approval of a Special Use Permit. However, these signs shall comply with the following:
1)
Animated and intensely lighted signs and moving signs are prohibited along interstate, primary and secondary highways, including but not limited to, State Highways 95, 93, 68, 66, 389, Interstate 40 and Interstate 15.
2)
All animated signs, intensely lighted signs and moving signs shall be located to comply with the front and side street yard setbacks required of a building on the same parcel or lot.
3)
Signs shall not interfere with traffic, or distract drivers or pedestrians. Moving or flashing lights shall be white or clear.
4)
Signs shall be a minimum of one hundred (100) feet from residentially zoned property or property used for residential purposes.
5)
Signs shall comply with Section 38, Outdoor Light Control.
6)
The zoning use permit application shall include a site plan showing the location of all signage on the lot or parcel; a rendering of the sign showing colors of sign and lights, areas of sign that will blink, move or flash shall be submitted.
K.
Off-premises signs. The intent of this regulation is to permit off-premises 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-premises signs in Mohave County. Off-premises 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-premises signs.
1.
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-premises signs to be located in viable commercial areas and to discourage the rezoning of lots and parcel for the sole purpose of installing off-premises signs. It is also understood that signs displaying noncommercial messages considered protected free speech shall not require placement in commercial areas as the intent of their installation shall be for the purpose of increased opportunities for public communication.
2.
Required Special Use Permit and state approval. Sign locations for off-premises signs shall be allowed only with an approved Special Use Permit. For off-premises signs fronting State Highways (93, 68, 66, 95, Interstate 15 and Interstate 40), approval of sign locations by the Arizona Department of Transportation is required after the issuance of the Special Use Permit and prior to sign permit approval by the County.
3.
Required zoning classifications. Off-premises 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-1 (Light Manufacturing) M-2 (General Manufacturing), and M-X (Heavy Manufacturing). In addition, off-premises 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 42.K.4.f 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-premises sign shall be allowed on either street frontage.
4.
Standards and criteria for off-premises signs. Off-premises signs proposed for installation shall conform with the standards and criteria set forth in the following:
a.
Sign area. In all cases, off-premises 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-premises signs with a total area not to exceed six hundred seventy-two (672) square feet or 14' x 48' may be 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 42.K.4.f. 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.
b.
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.
c.
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-premises 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.
d.
Spacing. A minimum of five hundred (500) feet between off-premises 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 five hundred (500) feet to a similarly positioned sign across the street at right angle to and facing traffic on Street "B" (see Figure 3).
In the event that an off-premises 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-premises signs in each street frontage. All off-premises signs shall have a minimum spacing of fifty (50) feet from any on-premises sign structure located along the same linear street frontage.
e.
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-premises signs. Off-premises signs are also prohibited within public rights-of-way and in other zones, except as provided by these Regulations.
f.
Prohibited areas. Except as provided in these Regulations, all off-premises 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, Interstate 40 between the Griffith Interchange and the northern section line of Section 19, Township 20 North, Range 17 West, and Interstate 15. These designated areas would not preclude the establishment of noncommercial signage or temporary signs if established by special use permit and approved by 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.
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.
g.
Method of installation. Each off-premise sign shall be erected as a freestanding sign or placed on a water or fuel tank as defined in these Regulations. No off-premise sign shall be erected on the wall or roof of a building. 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.
h.
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 Special Use Permit after thirty (30) days of written notice.
i.
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.
5.
Off-premises community signs. Off-premises 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-premises community signs in residential and agricultural zones are allowed with a Special Use Permit.
b.
Off-premises 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-premises community signs. Off-premises community signs shall comply with the following standards:
1)
Sign area. Off-premises community signs shall have a maximum area of 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-premises 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-premises 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 eternal sources must comply with the Outdoor Lighting Control provisions of Ordinance 87-1.
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/m sr. It is most often used to characterize the "brightness" of flat emitting or reflecting surfaces.
d.
Prohibited signs. All prohibited signs outlined in Section 42.D.2 of these Regulations shall apply to this section, except that changing or changeable copy signs are allowed as provided above. Off-premises 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.
f.
Bus/transit signs. Signs on bus/transit benches or shelters shall be allowed in public rights-of-way and easements that are in C-2, C-2H, C-M, C-MO, M-1, M-2 and M-X zoning districts, and any sign-free areas. Signs on bus/transit benches or shelters in C-1 and residential zones must obtain a Special Use Permit from the Board of Supervisors after receiving a recommendation from the Planning and Zoning Commission. All signs on bus/transit benches or shelters are subject to the following regulations:
1)
Bus/transit signs shall be placed on benches and shelters for which a permit has been issued by the Director of Public Works. Should the permit for a bench or shelter be revoked or declared void, the sign must be removed.
2)
Any signage on a bus/transit bench or shelter shall be limited to the name, address, phone number, business logo and/or services offered by the business advertised.
3)
The horizontal dimension of bench signs shall not extend beyond the actual seating dimensions of the bench, but in no event to exceed eight (8) feet. The vertical dimension of the sign shall commence at the seat of the bench, and shall extend no further than forty-four (44) inches above the ground.
4)
Shelter signs shall not exceed one-half (½) coverage of any face or side on which they are placed, shall not extend beyond or above the shelter, and shall not interfere or impede site distances or the smooth, safe traffic flow.
5)
The following types of signs shall be prohibited: illuminated signs, directional signs with arrows, animated signs, and any sign prohibited by these Regulations.
( Ord. No. 2016-08 , 8-1-2016)