TA2018001 HANDOUT MEMO (INDUSTRY REPS) 17 NOV 21 BOS.PDF
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501 N. 44% St. # 200 Phoenix, AZ 85008 Phone: (602) 506-7139 Fax: (602) 506-3711 www.maricopa.gov/planning Maricopa County Planning & Development Department Date: November 17, 2021 To: Maricopa County Board of Supervisors From: Darren V. Gerard, AICP wy RE: | TA2018001 —- Agenda Item # 6 Attached, please find a revised draft of TA2018001 authored by billboard industry representatives. It reformats and wordsmiths the entire text amendment but chiefly proposes two substantive changes from the draft authored by the Applicant and recommended by the Commission. First, this version will increase the separation between an illuminated / digital billboard from residential zoning districts (and a residential use established on a parcel in a rural zoning district) from 150’ to 500’. Second, this version would prohibit variance - either via legislative approval of a CUPD/IUPD Overlay Zoning District by the BOS, or via quasi-judicial approval of a Variance by the BOA - that would permit a digital billboard to be located further than 3 miles from a city / town limit or further than 300’ from a freeway. Staff has no concerns with these changes. However, the Applicant has not accepted any of the changes. Attachment: Copy of Alternate TA2018001 in leg-edit (7 pages) Section 201 — DEFINITIONS BILLBOARD(S): A freestanding sign(S) portraying information which directs attention to an idea, issue, point of view, candidate, entity, business, commodity, service, entertainment, product or attraction sold, offered, or existing elsewhere than upon the property where the sign is located. Billboards CAN BE static, ILLUMINATED OR digital. BILLBOARD(S}, DIGITAL: A billboard(S) utilizing digital message technology capable of changing the message or copy on the sign electronically such that the alphabetic, pictographic, or symbolic informational content can be changed or altered electronically on a fixed display surface composed of electronically illuminated or electronically actuated or motivated elements. This includes billboards with displays that have been preprogrammed to display only certain types of information (i.e., time, date, temperature) and billboard(s) whose informational content can be changed or altered by means of computer-driven electronic impulses. BILLBOARD(S}, ILLUMINATED: A STATIC BILLBOARD(S) WITH LIGHTING OR A DIGITAL BILLBOARD(S). BILLBOARD(S}, STATIC: A billboard(S) with a fixed message, WHICH MAY HAVE LIGHTING, that changes no more than once in a 24-hour period. BILLBOARD EMBELLISHMENTS: LETTERS, FIGURES, CHARACTERS, OR REPRESENTATIONS IN CUTOUTS, IRREGULAR FORMS, OR SIMILAR ORNAMENTATION ATTACHED TO OR SUPERIMPOSED UPON A BILLBOARD TO PROVIDE A THREE-DIMENSIONAL EFFECT. FREEWAY (AS USED IN CHAPTER 14): For the purpose of the location of Off-Site Advertising Signs (Billboard(s)) only, Interstate 17 (I-17) south of Carefree Highway, INTERSTATE 10 (I-10), ARIZONA STATE ROUTE (SR) LOOP 101, SR LOOP 202, SR LOOP 303, SR 24, NORTHERN PARKWAY, AND U.S. HIGHWAY 60 (U.S. 60-SUPERSTITION FREEWAY), AND THEIR CONNECTIONS, AND ON AND OFF RAMPS. BILLBOARDS ARE A PROHIBITED USE ON ANY OTHER FREEWAY NOW EXISTING OR TO BE CONSTRUCTED WITHIN THE COUNTY. FREEWAY TRAVEL LANE: THE TRAVEL LANE OF A FREEWAY NOT INCLUDING ON-RAMPS OR OFF-RAMPS. SCENIC CORRIDOR For the purpose of the location of Off-Site Advertising Signs (Billboard(s)), scenic corridor shall refer to the Scenic Corridor Overlay Zoning Districts (as set forth in Chapter 10) and THE SCENIC CORRIDORS IDENTIFIED IN THE SCENIC CORRIDOR DISTRICT POLICY GUIDELINES (CAREFREE HIGHWAY, CASTLE HOT SPRINGS, MCMICKEM DAM, OLIVE AVENUE, EL RIO, INTERSTATE 17 (I-17) NORTH OF CAREFREE HIGHWAY), 7™ STREET / NEW RIVER ROAD, AND ANY FUTURE SCENIC CORRIDORS ESTABLISHED BY THE COUNTY. OFF-SITE ADVERTISING SIGN/OFF-SITE SIGN: SEE BILLBOARD(S) ARTICLE 1112.7: OTHER EXEMPTIONS FROM OUTDOOR LIGHTING PROVISIONS: 1112.7.1. Bottom-Mounted Outdoor Advertising Lighting: Any BILLBOARD WITH lawfully existing bottom-mounted upward lighting AS OF [ORDINANCE EFFECTIVE DATE] SHALL BE permitted to remain BUT SHALL BE EQUIPPED WITH AN AUTOMATIC DEVISE WHICH SHUTS OFF THE FIXTURE BETWEEN THE HOURS OF 11:00 P.M. AND SUNRISE. However, any FUTURE alteration to said STATIC billboard, SIGN, OR SUPPORT STRUCTURE SHALL require the UPWARD lighting to be removed and replaced with downward lighting in conformance with Article 1112.3.2. All STATIC billboards ERECTED AFTER [ORDINANCE EFFECTIVE DATE] are required to be in conformance with Article 1112.3.2. ARTICLE 1301.1: SPECIAL USES THE BOARD OF SUPERVISORS MAY PERMIT AS A SPECIAL USE ANY OF THE FOLLOWING USES IN ANY ZONING DISTRICT UNLESS OTHERWISE SPECIFIED IN THIS SECTION: 1301.1.21. STATIC AND DIGITAL billboards SUBJECT TO THE FOLLOWING REQUIREMENTS: Ir FOR LEGAL NON-CONFORMING BILLBOARDS: a. The STATIC BILLBOARD is a LEGAL NON-CONFORMING BILLBOARD THAT DOES NOT MEET ALL requirements of Chapter 14 of this Ordinance. b. The STATIC BILLBOARD is located in a C-2, C-3, IND-2 or IND-3 zoning district. ce. The STATIC BILLBOARD may be modified or converted to digital display with A Special Use PERMIT. d. If illuminated the STATIC BILLBOARD shall be digital or lighting shall be mounted at the top of the sign face so that it is directed downward and shielded so that it is only illuminating the sign face IN CONFORMANCE WITH ARTICLE 1112.3.2. e. The Special Use PERMIT may be approved without an expiration date or validity period. 2. FOR BILLBOARDS SUBJECT TO GOVERNMENTAL ACTION: a. THE STATIC OR DIGITAL BILLBOARD is relocated from a parcel of property, located within the perimeter boundary of Maricopa County or within the corporate boundary of a city or town located partially within Maricopa County and partially within an adjacent county, that is acquired by a public entity for public use by condemnation, purchase or dedication. The STATIC OR DIGITAL BILLBOARD must be removed due to that governmental action. The public entity has not paid just compensation for the STATIC OR DIGITAL BILLBOARD. The standards of the C-2 Zoning District shall apply, except that the BILLBOARD shall be permitted to remain the same size and height as the original BILLBOARD to be relocated. No further variance to the C-2 standards may be granted by either the Board of Supervisors or the Board of Adjustment. Billboards may not locate in residential zoning districts; however, they may locate in rural zoning districts. ARTICLE 1403.3. OFF-SITE ADVERTISING SIGNS (BILLBOARDS) [C-2 AND C-3 ZONING DISTRICTS ONLY]: 1403.3.1 STATIC AND DIGITAL billboards shall be permitted uses in the C-2 and C-3 zoning districts subject to the following conditions: 1. Separation Distance FROM OTHER STATIC AND DIGITAL BILLBOARD(S): ca Fs When either an existing or proposed STATIC OR DIGITAL billboard is located 3 miles or greater from the boundary of any incorporated city or town, IT shall maintain a radial separation distance from any other STATIC OR DIGITAL billboard of 3,000 feet. Measurement shall be from the vertical edge of the sign face closest to the sign face of the structure to which is being measured. Measurement shall not cross any freeway. When either an existing or proposed STATIC OR DIGITAL billboard is located fewer than 3 miles from the boundary of any incorporated city or town, IT shall maintain a radial separation distance from any other STATIC OR DIGITAL billboard of 1,000 feet. Measurement shall be from the vertical edge of the sign face closest to the sign face of the structure to which is being measured. Measurement shall not cross any freeway. Ds Setback Requirements: There shall be a 0-FOOT setback from any property line, except as follows: a. No billboard shall be LOCATED within 100 feet of any residential zoning district boundary or a PARCEL BOUNDARY OF A residential use in a rural zoning district, whether or not separated by a public right-of-way. No illuminated OR DIGITAL billboard shall be LOCATED within 500 feet of a residential zoning district boundary or a PARCEL BOUNDARY OF A residential use in a rural zoning district, WHETHER OR NOT SEPARATED BY A PUBLIC RIGHT-OF-WAY. (SEE Chapter 11, Section 1112). No ILLUMINATED DIGITAL billboard shall be LOCATED within 500 feet of THE LOT LINE OF any park, school or roadside rest area WHETHER OR NOT SEPARATED BY A PUBLIC RIGHT-OF-WAY. 35 NO billboard(s) shall have features that emit sound or be audible in any manner. 4. No billboard(S) shall be LOCATED within 660 feet of a Scenic Corridor Overlay Zoning District, WHETHER OR NOT SEPARATED BY A PUBLIC RIGHT-OF-WAY. oe No billboard(S) shall be LOCATED on any property located within any Scenic Corridor. 6. Development Standards: (als STATIC billboards located greater than 300 FEET from THE TRAVEL LANE of a freeway, AS MEASURED FROM THE OUTSIDE TRAVEL LANE TO THE VERTICAL EDGE OF THE CLOSEST SIGN FACE, SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS: is Shall be limited to 30 feet in height inclusive of all BILLBOARD embellishments, lighting, and attachments. ii. Shall be limited to 300 square feet in sign face area. The maximum square footage may be exceeded by up to 10% by use of BILLBOARD embellishments. STATIC billboards AND DIGITAL BILLBOARDS located within 300 FEET OF THE TRAVEL LANE of a freeway, AS MEASURED FROM THE OUTSIDE TRAVEL LANE TO THE VERTICLE EDGE OF THE CLOSEST SIGN FACE, SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS (SEE ARTICLE 1403.3): Shall be limited to 48 feet above adjacent grade or elevation of the travel lanes of a freeway immediately adjacent to THE i BILLBOARD or subject property (whichever is greater but not to exceed 70 FEET), inclusive of all BILLBOARD embellishments and attachments, excluding additional 3 FEET for top- mounted lighting fixtures. ii. Shall be limited to 672 square feet in sign face area. The maximum square footage of sign area may be exceeded by up to 20% by use of BILLBOARD embellishments. iii. SHALL BE ORIENTED TOWARD THE FREEWAY, WHICH MEANS THE SIGN FACES SHALL BE ANGLED SUCH THAT THEY ARE FACING THE FREEWAY TRAVEL LANES AND ARE FACING AWAY FROM NON-FREEWAY ROADS OUTSIDE OF AND ON THE SAME SIDE OF THE FREEWAY AS THE BILLBOARD. A billboard may be double-faced or "V” shaped, provided the "V” shape is designed so that there is no greater than 54 inches between faces at the apex and the angle between the faces of the sign is no greater than 45 degrees. Sign Face BILLBOARD BIEEBOARDS (Square Feet) Embellishments Not within 300 FEET of a 300* 10% freeway Within 300 FEET 679% 20% of a freeway * this maximum square footage applies separately to each side of a double-faced BILLBOARD STATIC billboards not within 300 FEET of a freeway STATIC AND DIGITAL billboards within 300 FEET of a Freewa Sign Face Sign Face 672 sq. ft. 48 ft. 300 sq. ft. 10. Double Faced 45° 54” Any modifications to a billboard within the Military Airport and Ancillary Military Facility Overlay Zoning District shall require a new Use Compatibility and Consistency Determination (UCCD) pursuant to Section 1010. ® Eat at Joe's © * Next Exit Seaae All lighting shall adhere to Article 1112.3.2. General provisions applicable to digital billboards: (of Digital billboards shall ONLY be permitted if: Located fewer than 3 miles from the boundary of an incorporated city or town. ii. Along and within 300 FEET of a freeway, as MEASURED FROM THE OUTSIDE TRAVEL LANE TO THE VERTICLE EDGE of THE CLOSEST SIGN FACE, AND ORIENTED TOWARD THE FREEWAY, WHICH MEANS THE SIGN FACES SHALL BE ANGLED SUCH THAT THEY ARE FACING THE FREEWAY TRAVEL LANES AND ARE FACING AWAY FROM NON-FREEWAY ROADS OUTSIDE OF AND ON THE SAME SIDE OF THE FREEWAY AS THE BILLBOARD. a a ST b. Digital billboards shall include optical down angled LEDs, and horizontal louvers extending past the diode at a minimum of 0.480" to minimize light trespass. Gs Network time shall be made available on all digital sign faces to federal, state, and local public safety agencies for emergency messaging. Such messages shall override all copy for one hour and shall then be displayed for no fewer than eight seconds in every minute as long as needed. d. Digital billboards SHALL adhere to the provisions of Article 1401.3 of this Chapter, except that from 11:00 p.m. until sunrise all DIGITAL billboard illumination shall be extinguished, and all DIGITAL billboards shall be equipped with an automatic devise to assure compliance. These illumination requirements shall not be applicable to the display of any Amber Alert or other governmental emergencies, or for other emergenCyY situations as determined by the Zoning Administrator. Further, in the event of an electronic malfunction the sign shall be shut off until repairs have been made to restore the electronic messaging system. Display time shall not change-message more than once every 8 seconds. There shall be no animation, flashing, blinking or moving lights. In the transition between copy changes, there shall be no sense of movement from one image to the next. Dimmers on all digital billboards shall be set in the evening hours (from sunset to 11:00 p.m.) not to exceed 300 nits. The digital billboard shall have an automatic turn-off mechanism in case of malfunction. Static billboards THAT ARE MADE LEGAL-NONCONFORMING AS OF [ORDINANCE EFFECTIVE DATE] WITH REGARD to THE REQUIREMENTS OF CHAPTER 14 OF THIS Ordinance may not be modified or converted to digital unless brought into conformance with all requirements of this Ordinance, with the exception that support columns may be relocated a maximum of 20 feet from the existing location. ie A legal non-conforming STATIC OR ILLUMINATED BILLBOARD that does not meet all requirements of CHAPTER 14 may be modified or converted to digital with approval of a Special Use Permit in accordance with Article 1301.1.21. 12) Nothing contained in this Ordinance shall affect the existing rights of any property granted a deviation by legislative or quasi-judicial action of Maricopa County. Article 1404.3 1404.3.1 OFF-SITE ADVERTISING SIGNS (BILLBOARD(S)) [IND-2 AND IND-3 ZONING DISTRICTS ONLY] Off-site advertising signs (billboard(s)) shall be a permitted use in the IND-2 and IND-3 zoning districts subject to all requirements set forth in Article 1403.3.1.