CHAPTER 8-6: SIGNS IN THE CITY RIGHT OF WAY

SECTIONS:

8-6-1:    DEFINITIONS OF TERMS:

8-6-2:    USE OF CITY RIGHT OF WAY:

8-6-3:    VARIANCES:

8-6-4:    (Rep. by Ord. 4968-1506, 2-16-2016)

8-6-5:    INAPPLICABILITY OF CHAPTER:

8-6-6:    CIVIL VIOLATION:

8-6-1 DEFINITIONS OF TERMS:

CITY BANNER PROGRAM: That certain City program utilizing City owned light poles for the placement of banner signage for the purposes of assisting in the promotion of educational institutions, cultural and civic events sponsored by the City and nonprofit groups reflecting general community and tourist interests, supporting and promoting City events, activities, attractions and natural and scenic locations, and conveying noncommercial message to promote activities, attractions, celebrations or events.

PERSON: An individual, or his agent, firm, partnership, association, corporation, or agent of the aforementioned group.

RIGHT OF WAY: Any public street, highway, alley, or other platted or written easement duly recorded in the office of the Yavapai County recorder which has been dedicated to and accepted by, or acquired by, the city for public purposes.

SIGN: Any device or visual communication which is used to attract or intended to attract the attention of the public for any purpose. (Ord. 1508, 3-9-1981; amd. Ord. 2101, 8-8-1989; Ord. 2279, 6-25-1991; Ord. 4968-1506, 2-16-2016)

8-6-2 USE OF CITY RIGHT OF WAY:

Signs located in, on or across the city right of way are hereby prohibited. This does not apply to the placement of traffic control signs or other public purpose signs by an authorized employee or agent of the city. (Ord. 1508, 3-9-1981; amd. Ord. 2101, 8-8-1989)

8-6-3 VARIANCES:

(A) The city council may, in cases of extreme hardship of the land, grant a variance from the terms of this chapter. The application to request a variance shall contain the following:

1. A drawing to scale of the proposed sign, in order to determine that the proposed sign will not adversely affect sight visibility or create a traffic or pedestrian hazard.

2. A site plan of the proposed location.

3. A nonrefundable application fee of two hundred dollars ($200.00).

(B) If a variance is granted, the applicant shall be responsible for:

1. Obtaining a permit from the public works department.

2. Ongoing maintenance of the sign and sign structure.

3. Removal of the sign and sign structure when the sign is no longer needed or useful, or upon revocation of the variance.

(C) The city council may rescind a variance granted herein in the event that the sign and sign structure are not maintained to the satisfaction of the city, as required by subsection (B)2 of this section, or when the conditions as set forth in subsection (B)3 of this section warrant removal. The applicant and/or subsequent owner of the sign shall be given a minimum of seventy two (72) hours’ notice of the council’s intention to rescind said variance.

(D) "Extreme hardship", as used in this section, means:

1. A topographic situation which exists that prohibits visibility of a business from the adjoining right of way; or

2. A topographic situation which exists that prohibits the visibility of a "shopping mall" (which is defined as retail stores included within a complex having a common parking area and containing a cumulative amount of not less than 100,000 square feet of retail space) from the nearest arterial roadway. (Ord. 4182, 12-18-2001)

8-6-4 EXISTING SIGNS:

(Rep. by Ord. 4968-1506, 2-16-2016)

8-6-5 INAPPLICABILITY OF CHAPTER:

This chapter shall not be applicable to the placement of signs as may be allowed in accordance with the City banner program. (Ord. 4121, 6-26-2001; Ord. 4968-1506, 2-16-2016)

8-6-6 CIVIL VIOLATION:

Violation of any provision of this chapter shall be a civil violation and shall be subject to the provisions of section 1-3-2 of this code for each day that the violation continues. (Ord. 2102, 8-8-1989; amd. Ord. 2279, 6-25-1991)