HomeMy WebLinkAboutOrdinance 1893 ry
ORDINANCE N0 . „SF,II .' ! Q ' t IdTY
893
ci�cU',
AN ORDINANCE REGULATING THE ERECTION , CONSTRUCTION , REPAIR ,
ALTERATION , LOCATION , OR MAINTENANCE OF SIGNS WITHIN THE CITY OF
FAYETTEVILLE , ARKANSAS ; THE ISSUANCE OF PERMITS AND FEES THEREFOR ;
THE REVOCATION OF PERMITS ; INSPECTION AND FEES THEREFOR ; REPEAL OF
CERTAIN ORDINANCES ; AND PROVIDING PENALTIES FOR VIOLATION THEREOF .
WHEREAS , the Board of Directors of the City of Fayetteville ,
Arkansas , believes that the construction , repair , alteration , location ,
and maintenance of signs should be controlled within the city limits
of the City of Fayetteville , Arkansas , in order to protect the public
investment in the streets and highways , to promote the safety and
recreational value of public travel and to preserve natural beauty ,
and
WHEREAS , the purpose of this Ordinance is to promote the reasonable ,
orderly , and effective display of signs while remaining consistent with
the city policy to protect the public investment in the streets and
highways , to promote the safety and recreational value of public travel
and to preserve natural beauty , and
WHEREAS , the Board of Directors has . made the following findings
of fact :
( 1 ) That the uncontrolled proliferation of signs is hazardous
to the users of streets and highways within the limits of the City of
Fayetteville , Arkansas .
( 2 ) That a large and increasing number of tourists have been
visiting the City of Fayetteville , Arkansas , and as a result the
tourist industry is a direct source of income for citizens of said
city , with an increasing number of persons directly or indirectly
dependent upon the tourist industry for their livelihood .
( 3 ) Scenic resources are distributed throughout the city , and
have contributed greatly to its economic development , by attracting
tourists , permanent and part - time residents , and new industries and
cultural facilities .
( 4 ) The scattering of signs throughout the city is detrimental
to the preservation of those scenic resources , and so to the economic
base of the city , and is also not an effective method of providing
information to tourists about available facilities .
THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE , ARKANSAS :
MICROFILMED — 84Z'� ry
GATE or_T 978 DEED cJ� ?wr2
REEL 114
Section 1 . That the Code of Ordinances , City of Fayetteville ,
Arkansas , is hereby amended by adding a chapter to be numbered 17B ,
which said chapter reads as follows :
" Chapter 17B
SIGNS
Section 17B - 1 . Short title .
This chapter shall be known and may be cited as the " Sign Ordinance
of the City of Fayetteville , Arkansas . "
Section 17B - 2 . Definitions
For the purposes of this chapter , the following terms , phrases ,
words , and their derivations shall have the meaning given herein :
Banner - Any sign printed or displayed upon cloth or other flexible
material , with or without frames .
Beacon - A stationary or revolving light which flashes or projects
illumination , single color or multi - colored , in any manner which is
intended to attract or divert attention ; except , however , this term
is not intended to include any kind of lighting device which is required
or necessary under the safety regulations described by the Federal
Aviation Agency or similar agencies .
Bulletin Board - Any sign erected by a charitable , educational or
religious institution or a public body , which is erected upon the same
property as said institution , for purposes of announcing events which
are held on the premises .
Controlled Access Highway - Any state or federal numbered highway
designated by ordinance as a controlled access highway by the Board
of Directors of the city .
Directional - Signs of a non - commercial nature which direct the reader
to the location of facilities or group of facilities , such as public ,
religious , and educational or charitable institutions , which may describe
the characteristics of and services available at such facilities .
Display Surface Area - The net geometric area enclosed by the display
surface of the sign including the outer extremities of all letters ,
characters and delineations ; provided , however , display surface area
shall not include the structural supports for free standing signs ;
provided further , that only one face of a double - faced sign as defined
shall be considered in determining the display surface area .
District or Zoning District - A section or sections of the incorporated
area of the City for which the then effective Zoning Ordinance governing
DEED 842 PAGE 473
the use of buildings and land are uniform for each class of use permitted
therein . References to individual zoning districts contained herein
shall refer to the zoning districts established by the Board of Directors
in Article 5 of Ordinance Number 1747 [ Appendix A , Code of Ordinances ,
City of Fayetteville , Arkansas ] .
Erect - To build , construct , attach , hang , place , suspend , or
affix , and shall also include the painting of wall signs .
Flashing Sign - An illuminated sign on which artificial or reflected
light is not maintained stationary and constant in intensity and color
at all times when in use .
Free Standing Sign - A sign which is attached to or a part of a
completely self - supporting structure . The supporting structure shall
be firmly in or below the ground surface and is not attached to any
building or any other structure whether portable or stationary .
Identification and Informational Signs - Signs of an identifica -
tional or of informational nature bearing no advertising .
Illuminated Sign - Any sign which has character , letter , figures ,
designs or outline illuminated by electric lights or luminous tubes as
a part of the sign proper .
Illuminated, Direct - Illumination which is so arranged that the
light is directed into the eyes of the viewer from the light source .
Illuminated , Indirect - Illumination so arranged that the light is
reflected from the sign to the eyes of the viewer .
Joint Identification Sign - A sign which serves as common or
collective identification for a group of persons or businesses operating
on the same zone lot ( e . g . , shopping center , office complex , etc . ) .
Such sign may name the persons , or businesses included but carry no
other advertising matter .
Lease - An agreement by which a property owner conveys , usually
for a specified rent , to other persons permission to erect and main -
tain an advertising sign upon his property .
Non - conforming Sign - A sign existing at the effective date of the
adoption of this Ordinance which could not be built under the terms
of this Ordinance .
On - Site Sign - A sign relating in its subject matter to the
premises on which it is located , or to products , accommodations , ser -
vices , or activities on the premises .
DE [ D 842 PAGE. 474
Off- Site Sign - A sign other than an on - site sign .
Person - Shall mean and include any person , firm , partnership ,
association , corporation , company or organization , of any kind .
Portable Swinger Sign and "A " Frame or Sandwich Sign - An adver -
tising device which is ordinarily in the shape of an "A" or some
variation thereof , located on the ground , easily movable , not perma -
nently attached thereto and which is usually two - sided .
Portable Temporary Attraction Sign Board - A single or double
surface painted or poster panel type sign or some variation thereof ,
which is temporary in nature , usually mounted on wheels , easily movable ,
not permanently attached thereto .
Projecting Sign - Any sign that shall be affixed at an angle or
perpendicular to the wall of any building in such a manner to read
perpendicular or at an angle to the wall on which it is mounted .
Real Estate Sign - A temporary sign placed upon property for the
purpose of advertising to the public the sale or lease of said property .
Roof Sign - Any sign wholly erected , constructed or maintained on
the roof structure or parapet wall of any building .
Spot Light Illumination - Shall mean illumination which comes from
lamps , lenses or devices designed to focus or concentrate the light rays
of the source .
Sign - The term sign shall mean and include every device , frame ,
letter , figure , character , mark , plane , point , design , picture , stroke ,
stripe , trademark or reading matter , which is used or intended to be
used to attract attention or convey information when the same is placed
out of doors in view of the general public . For the purpose of deter -
mining number of signs , a sign shall be considered to be a single
display surface or display device containing elements organized , related ,
and composed to form a unit . Where matter is displayed in a random
manner without organized relationship to elements , or where there is
reasonable doubt as to the relationship of elements , each element shall
be considered to be a single sign .
Wall Sign - Any sign that shall be affixed parallel to the wall or
printed on the wall of any building in such a manner as to read parallel
to the wall on which it is mounted ; provided , however , said wall sign
shall not project above the top of the wall or beyond the end of the
building . For the purpose of this ordinance , any sign display surface
that is affixed flat against the sloping surface of a mansard roof shall
be considered a wall sign . Any sign that is affixed to the face of a
building marquee , building awning , or a building canopy shall be consi -
dered a wall sign .
Section 17B - 3 . Sign Permits
It shall be unlawful for any person to erect , repair , alter , relocate
or keep within the City of Fayetteville any sign or other advertising
DEED 842 PAcE 475
structure as defined in this ordinance , except as exempted under
Section 17B - 5 or Section 17B - 6 , without first obtaining a sign permit
from the Building Inspector and payment of the fee as required by
this Section . All illuminated signs shall , in addition , be subject
to the provisions of the Electrical Code , and the permit fees required
thereunder .
( a) Application for initial sign Permit - Application for initial
sign permits shall be made upon blanks provided by the Building Inspector ,
and shall contain or have attached thereto the following information :
( 1 ) Name , address and telephone number of the applicant .
( 2 ) Location of building , structure , or lot to which or upon
which the sign or other advertising structure is to be attached
or erected .
( 3 ) Position of the sign or other advertising structure in
relation to nearby building or structures .
( 4 ) Two blueprints or ink drawings of the plans and specifi -
cations and method of construction and attachment to the building or
in the ground .
( 5 ) Name of person , firm , corporation or association erecting
structure .
( 6 ) Written consent of the owner of the building , structure
or land to which or on which the structure is to be erected .
( 7 ) Any electrical permit required and issued for said sign .
Application requesting electrical permit for proposed sign must
accompany sign application .
( 8 ) Such other information as the Building Inspector shall
require to show full compliance with City ordinance .
(b ) Sign Permit Fees - Every applicant , before being granted a
permit hereunder shall pay to the City Building Inspector ' s Office the
following permit fee for each sign or other advertising structure
regulated by this ordinance :
( 1 ) Permit fee of $ 2 . 00 plus $ 0 . 05 per square foot of
sign face .
( c) Issuance of Sign Permit - It shall be the duty of the Building
Inspector , upon the filing of an application for an erection permit to
examine such plans and specifications and other data and the premises
upon which it is proposed to erect the sign or other advertising
structure , and if it shall appear that the proposed structure is in
compliance with all the requirements of this ordinance and all other
laws and ordinances of the City of Fayetteville , he shall then issue
the erection permit . If the work authorized under an erection permit
has not been completed within six ( 6 ) months after date of issuance ,
the said permit shall become null and void .
DEED 842 PACE. 476
( d) Sign Permit Revocable - All rights and privileges acquired
under the provisions of this ordinance or any amendment thereto, are
mere licenses revocable at any time by the Fayetteville City Board of
Directors and all such permits shall contain this provision .
Section 17B - 4 . Sign Maintenance .
( a) Sign Identification - Every sign or other advertising structure
hereafter registered shall show in a .conspicuous place thereon which is
visible to the inspector and is readable by the inspector. from .the ground ,
the permit number .
(b ) Premises Maintenance - All, free standing signs and the premises
surrounding the same shall be maintained by the owner thereof in a
clean , sanitary , and inoffensive condition , and free and clear of all
obnoxious substances , rubbish and weeds .
( c) Unsafe and Unlawful Signs - If the Building Inspector shall
find that any sign or other advertising structure regulated herein is
unsafe or insecure , or is a menace to the public , or is abandoned or is
maintained in a dilapidated condition , or has been constructed or erected
or is being maintained in violation of the provisions of this ordinance ,
he shall give written notice to the permittee or property owner thereof .
If the permittee or property owner fails to remove or alter the structure
so as to comply with the standards herein set forth within ten ( 10 ) days
after such notice , such sign or other advertising structure may be
removed or altered to comply by the Building Inspector at the expense
of the permittee or owner of the property upon which it is located . The
Building Inspector shall refuse to issue a permit to any permittee or
owner who refuses to pay costs so assessed . The Building Inspector may
cause any sign or other advertising structure which is an immediate peril
to persons or property to be removed summarily and without notice .
Section 17B - 5 . Non - Conforming Signs .
( a) For the purpose of this section , a non - conforming sign shall
be defined as a sign which does not conform with the provisions of this
chapter or which does not conform with the City Zoning Ordinance ; such
signs shall be removed within a period of three ( 3 ) years from the
effective date of the adoption of this Ordinance , except that :
( 1 ) On - Site Non - Conforming Signs - All non - conforming signs
not otherwise prohibited by the provisions of this ordinance , relating
to a place of business and located on the same premises as such
place of business , may be continued until :
( a) the nature of the business conducted on the premises
changes in such a manner as to occasion a change in the
existing sign ; or
( b ) the name of the business changes and the sign is
changed or modified either in shape , size , or legend .
( 2 ) Off - Site Non - Conforming Signs - Where an off - site non -
conforming sign is located off the premises {off the place of
DEED 842 PAGE. 4 7
business to which the sign pertains and exists at the effective
date of the adoption of this Ordinance and could not be built
under the terms of this Ordinance by reason of restrictions on
sign area , height , its location on the lot , or other require -
ments , the owner of the sign shall :
a . Place on record in the Office of the Building
Inspector within one ( 1) year following the adoption of this
Ordinance a sworn statement regarding the term of the lease
agreement that was in effect on the effective date of this
Ordinance , if any , and other information describing the
existing sign .
b . Ifa lease is in effect , remove said sign at the
end of the lease period .
C . If a lease is not in effect , remove the sign within
three ( 3) years from the effective date of the adoption of
this Ordinance .
(b ) No non - conforming sign may be enlarged or altered in a way
which would increase its non - conformity .
( c ) Should any non - conforming sign be damaged by any means to
an extent of more than 50 percent of its replacement cost at time of
damage , it shall not be reconstructed except in conformity with
the provisions of this ordinance .
Section 17B - 6 . Exemptions .
Exemptions shall not be construed as relieving the owner of such
signs from the responsibility of complying with certain applicable
provisions of this ordinance . The exemptions shall apply to the
requirement for sign permit only and no sign permit shall be required
for the erection of the following signs :
( a) Professional name plates erected flat on walls of building
and not exceeding four ( 4 ) square feet of display surface area .
(b ) Building Construction Signs - One on - site building construction
sign on each construction site in any zoning district provided that :
( 1 ) Maximum display surface area :
8 square feet or less in R zoning districts ,
32 square feet or less in other zoning districts .
( c ) Real Estate Signs - On a zoning lot in any district , there may
be erected on each street frontage one unanimated real estate sign ,
whose permitted illumination and maximum area shall be as follows :
DEED 842 PACE478
District Permitted Area
Illumination ( Square Feet )
A Non - illuminated 32
R - R - 0 Non - illuminated 8
P - 12 C $ I Non - flashing 32
( d) Signs painted on the exterior surface of a building or
structure as follows :
( 1 ) On - site wall signs in A - 1 Zoning District .
( 2 ) On - site wall signs in R - 0 Zoning District not to exceed
16 square feet of display surface area .
( 3 ) On - site wall signs in C or I Zoning Districts .
( e ) Home Occupation signs erected flat against the wall of the
building and not exceeding four ( 4 ) sgaure feet in area when erected
in the R- 2 , R- 31 C - 3 , and R - 0 Zoning Districts .
( f) Memorial signs or tablets , names of buildings and date of
erection when cut into any masonry surface or when constructed of
bronze or other incombustible materials .
( g) Traffic or other municipal signs , legal notices , railroad
crossing signs , danger , and such temporary , emergency or non - advertising
signs as may be approved by the City Board of Directors .
( h) Posting of bills on signs , repainting of signs , or the changing
of letters or numbers on signs designed for changeable lettering or
numbering which were legally erected and maintained for such purposes .
( i ) Election Campaign Signs - Political signs are permitted to
be placed on private property in any district , subject to the following
conditions :
( 1 ) In districts where signs are not permitted , a political
sign shall not be placed more than thirty ( 30 ) days prior to the
elections to which it applies , and it shall be removed within
72 hours following the final election that is held ; the owner
of the property on which said sign is placed shall be responsible
for its removal .
( 2 ) In districts where signs are otherwise permitted , politi -
cal signs shall meet those requirements .
( j ) Time and temperature displays without advertising matter ,
providing all clearances prescribed herein for signs similarly located ,
are maintained .
DEED 842 PACE479
( k ) Banners shall be exempted when used in conjunction with public
and private events as follows :
( 1 ) Election Campaigns :
Election Campaign banners when said banners are not
placed more than ten days prior to and removed within 72
hours following the election to which the banner applies .
( 2 ) Public Events :
Public event banners shall be removed within 72 hours
following the event to which the banner applies .
( 3 ) Private Sales Events :
Banners placed on private property for advertising a
special sales event .
NOTE : Banners bearing advertising matter shall be considered
wall or free standing signs , depending upon mounting , and
shall meet all regulations pertaining thereto .
( 1 ) All signs located within a building that are not visible to
the public outside said building .
(m) Signs painted on , or affixed to , ; glass surfaces of windows
or doors and pertaining to the lawful business conducted therein .
( n ) Directional , identification , and informational signs , provided
that such signs are limited to wall and free standing signs with a
maximum of four ( 4 ) square feet of display surface area .
( o ) Collection boxes for charitable or non - profit organization
containing no commercial advertising and located on private property
in any C or I Zoning District .
(p ) Subdivision Signs - In any district , one temporary subdivision
identification sign indirectly illuminated , not to exceed fifty ( 50 )
square feet in area per surface may be erected at any principal entrance
to a subdivision , provided that in no event shall such sign remain for
more than six months within 50 feet of a dwelling in an R District
occupied as a dwelling .
(q ) Bulletin Boards six ( 6 ) feet or less in height with display
surface area up to sixteen ( 16 ) square feet .
Section 17B - 7 , General Regulations .
( a ) Removal of Certain Signs - Any sign now or hereafter existing
which no longer advertises a bona fide business conducted , or a product
sold , shall be taken down , obliterated , or removed by the owner , agent ,
or person having the beneficial use of thebuilding or structure upon
DEED 842 PAGE480
which such sign may be found within ten ( 10 ) days after written
notification from the Building Inspector , and , upon failure to comply
with such notice within the time specified in such order , the Building
Inspector is hereby authorized to cause removal of such sign , and any
expense incident thereto shall be paid by the owner of the property ,
building , or structure to which such sign is attached or affixed .
(b ) Signs Not to Constitute Traffic Hazard - No sign or other
advertising structure as regulated by this ordinance shall be erected
or continued to be displayed at the .intersection of any street in such
a manner as to obstruct free and clear vision ; or at any location where ,
by reason of the position , shape , or color , it may interfere with ,
obstruct the view of or be confused with any authorized traffic sign ,
signal or device ; or which makes use of the words , " STOP , " " LOOK , "
"DRIVE - IN , " " DANGER , " or any other word , phrase , symbol or character ' in
such manner as to interfere with , mislead , or confuse traffic .
( c ) Public Property - No signs other than signs placed by agencies
of governments shall be erected on any public property . No sign shall
be placed on any private property without the consent of the owner
thereof . No sign shall be placed or painted on any tree or rock .
No signs shall be placed on any utility pole except for utility
identifications or similar purposes .
(d ) Sign Illumination - Direct illumination by incandescent light
bulbs shall be restricted to light bulbs rated at twenty - five ( 25 )
watts or less .
( e ) Spot Lights and Beacons Prohibited - It shall be unlawful for
any person to continue in operation or erect any attraction device or
sign which contains a beacon of any type and / or contains a spot light
providing direct illumination to the public .
( f ) Fluctuating Illumination Prohibited - It shall be unlawful
for any person to erect additional attraction devices or signs or to
continue in operation an attraction device or sign which flashes , blinks ,
or is animated . Illumination of attraction devices or signs located
in the City that fluctuates in light intensity shall be prohibited .
( g ) Portable Swinger , "A" Frame , Sandwich , Attraction Sign Boards
Prohibited - It shall be unlawful for any person to continue to display
or erect any portable swinger , "A" frame , sandwich or temporary attraction
sign board in the City .
( h ) Parked vehicles carrying advertising shall be considered a
sign unless they are in operable condition and carry a current , valid
license tag .
DEED 842 PAGE- 48i
( i ) Restrictions Along Controlled Access Highways - No off - site
sign shall be permitted within 660 feet of the right of way of any
controlled access highway .
Section 17B - 8 . Roof Signs .
Roof signs shall be prohibited and no roof sign shall hereafter
be placed on the roof of any building or structure in any zoning district
of the City .
Section 17B - 9 . Free Standing Signs .
It shall be unlawful to erect any free standing sign whose total
height is greater than thirty ( 30 ) feet above the level of the street
upon which the sign faces . Free standing signs located on property
which abuts both a controlled access highway and a state or federal
numbered highway may not be erected where the total height of said sign
is greater than thirty ( 30 ) feet above the plane of the pavement of
the highest road at that intersection . Free Standing signs shall be
permitted to be erected in the City subject to the following :
( a) "A - 1 " District :
( 1 ) Off - site free standing signs shall be prohibited .
( 2 ) On - site free standing signs subject to the following :
a . Only one ( 1 ) on - site free standing sign shall be
permitted on a lot .
b . Display surface area shall not exceed sixteen ( 16 )
square feet .
C , Sign may be illuminated by indirect illumination
only .
d . Sign shall be set back thirty - five ( 35 ) feet from
existing street right of way and twenty - five ( 25 ) feet from
any " R" or "R- 0" District .
(b ) " R" and " R - O" Districts :
Free standing signs shall be prohibited and no free standing
signs shall hereafter be erected in any " R" or " R - 0 " District of
the City .
( c) " C" Districts :
( 1 ) Only one ( 1 ) on - site or off - site free standing sign shall
be permitted on a lot .
( 2 ) Only one ( 1 ) off - site free standing sign shall be permitted
on any vacant property of one ownership .
om 842 PAGE 482
( 3 ) Free standing signs shall be subject to the following :
a . Display surface area shall not exceed 75 square
feet except on - site free standing signs located on property
which abuts a controlled access highway where the display
surface area shall not exceed 200 square feet .
b . Shall be setback a minimum of forty ( 40 ) feet from
street right of way provided that if a building structure is
lawfully located closer than fifty ( 50 ) feet from the street
right of way , on - site free standing signs shall be permitted
within ten feet of the front face of the building or structure
but in no event shall an on - site free standing sign be per -
mitted closer than fifteen ( 15 ) feet from street right of way .
C . Shall be setback a minimum of twenty - five ( 2S )
feet from the boundary of any " R" or " R - 0" District .
d . Signs may be illuminated by direct or indirect
illumination .
e . May be erected a minimum of one ( 1 ) foot from
adjoining property .
( 4 ) The display surface area of joint identification signs
may be increased to one ( 1) square foot per five hundred ( 500 )
square feet of gross leasable building area , with a maximum display
surface area of three hundred ( 300 ) square feet .
( d) " I " Districts :
( 1 ) On - site free standing signs shall be permitted .
( 2 ) Off - site free standing signs shall be prohibited .
( 3 ) Free standing signs shall be subject to the following :
a . Display surface area shall not exceed 300 square
feet .
b . Shall be set back a minimum of Fifty ( 50 ) feet
from street right of way in the I - 1 District , One hundred
( 100 ) feet from street right of way in the I - 2 District .
C , May be erected a minimum of one ( 1 ) foot from
adjoining property ; provided , however , said signs must be
set back twenty - five ( 25 ) feet from the boundary of any " R"
or " R- 0" District .
( e ) " P " and " F - 1 " Districts :
Free standing signs other than those permitted in Section
17B - 6 shall be prohibited and no free standing sign shall hereafter
be erected in the "P " and " F - 1 " Districts . rcy�
DEED 842 PAGE. 483
Section 17B-10. Projecting signs.
It shall be unlawful to erect any projecting sign that projects
more than two (2) feet from the wall of the building upon which it is
erected or which projects beyond the end or top of the wall to which
it is attached. Display surface area of projecting signs shall not
exceed sixteen (16) square feet. Only one projecting sign per business
shall be permitted and a projecting sign shall not be permitted on
property which has a free standing sign.
(a) Off -site projecting signs shall be prohibited in "A-1",
"C", "I", " "P, and "F-1" Districts.
(b) On -site projecting signs shall be prohibited in "A-1",
"R", and "F-1" Districts.
Section 17B-11. Wall Signs.
Display surface area of wall signs shall not be restricted in area,
except as otherwise noted. Wall signs shall not project more than
ten (10) inches from the surface upon which they are mounted.
(a) Off -site wall signs shall be prohibited in "A-1", "R",
"C", "I", "P", and "F-1" Districts.
(b) In "R" and "R -O" Districts:
(1) Limit of one (1) on -site wall sign for each business
located on the property.
(2) Display surface area shall not exceed sixteen (16)
square feet.
Section 17B-12. Separability.
Should any section or provision of this ordinance be declared
by the courts to be unconstitutional or invalid, such decision shall
not affect the validity of the ordinance as a whole, or any part there-
of other than the part so declared to be unconstitutional or invalid.
Section 17B-13. Penalties.
Violation of the provisions of this ordinance or failure to comply
with any of its requirements shall constitute a misdemeanor. Any
person who violates this ordinance or fails to comply with any of its
requirements shall upon conviction thereof be fined, not less than
$25.00, not more than $1,000.00. Each day such violation continues
'shall be considered a separate offense.
The
owner or
tenant of
any building, structure, premises or
part
thereof,
and any
architect,
builder, contractor, agent, or other
person
DEED 842 PACE 484
•n
who commits, participates in, or maintains such violation may be found
guilty of a separate offense and suffer the penalties herein provided.
Nothing
herein
contained shall
prevent the
City from
taking such
other lawful
action
as is necessary
to prevent
or remedy
any violation.
Section 17B-14. Provisions Declared to be Minimum Requirements.
In their interpretation and application, the provisions of this
ordinance shall be held to be minimum requirements adopted for the
promotion of the public health, safety and general welfare. Wherever
the requirements of this ordinance are at varr,iance with the requirements
of any other ordinances, the highest or most restrictive standard
shall apply.
Section 17B-15. Conflicting Ordinances Repealed.
All ordinances or parts of ordinances of the City of Fayetteville
in conflict herewith including but not limited to the following, are
hereby repealed: Ordinance No. 1747 [Appendix A, Code of Ordinances],
Article 7, Sections 16, 17, and 19.
Section 17B-16. Amendment of Zoning Ordinance.
That Ordinance No. 1747 [Appendix A, Code of Ordinances], Article
7, Section 18 be and it hereby is redesignated as Section 16.
Section 17B-17. Amendment of Zoning Ordinance.
That Ordinance No. 1747 [Appendix A, Code of Ordinances], Article
6, Section [F], Subsection [XXIV] be and it hereby is amended to read
as follows:
"[XXIV] UNIT 24. OUTDOOR ADVERTISING
(a) Description
Outdoor advertising is set forth as a single use unit in
order to provide maximum control over the location of this use,
subject to Article 7-16."
PASSED AND APPROVED this L day of ,�I,(CQ,,, pA 1 2.
APPROVED:
ATTEST:
Q ,p p CITY ERK J DEED 842 PACE48
1
CERTIFICATE
STATE OF ARKANSAS
CITY OF FAYETTEVILLE
I, HELEN YOUNG, City Clerk within and for the City of
Fayetteville, Arkansas, do hereby certify that the annexed
and foregoing is a � true and correct copy of the Fayetteville,
Arkansas, IU/Lll,Imo-nr e, '171). 1293
therein /�//���,i/set forth, and the same /iss as it
it appears of Record in
(Y�U� c'nancc.., 'd F-x-QL�ljt .eaJ L�o'-�v--r(l
Volume 7T at Page /� thereof.
/ 3-I, /Z2 1Z3)124, IZS, /2 G /27,122,124 /3 u,131e24 !3a
IN WITNESS WHEREOF, I have hereunto
set my hand and affixed my official
seal this 5,77- day of
(V p e c,rnjipn l , 19 72/
I.
•
ti L�Q Y��z)yl�/t rn24�
:,'%" A P`> n CITY ERK
4 *err ((I. '
,CERTIFICATE OF RECORD
STATE OF ARKANSAS I SS. '
Washington County ]
I, Alma L. Kollmeyer, Circuit Clerk and Ex -Officio Record r for
Washington County, do, hereby. cerli`y tha .h: ana._;c. -t.
going ins ument was file for record in my of:ice on thcP 2 day
of . ..... k , and thr. so '.'c is
duly recorded in Nfn�✓ record at pa;; fa.
Witness my hand and seal this Iday of____________l '
ALMA KOLL
Circuit Clerk and
Ex -0'_r ici oRecorded Qq
DEED O
Z2 PACE 48.6
Deputy Clerk
-
CER'T'IFICATE OF RECQRD
St't of Ar'cans.is SS
City of Faycttcviile
I. C C. iia r•e'y, City C'crk and r
Ec-Uf'i iar.x. r'ecf.:t':cCav ifFi;etteville, •.7
do hereby Corti;; ti':t •.c n ;r fore-
going i:: of rc':or:' in my ffice : d t' e s ;me ap-
pears in OHitri _ & Re:::)'..:tion )otc
at p i^_e_—L_.L9__. Fiitness my
band and scal t'rs-____--.._ .-:'. ;y of
City C'.F cr' d - .):io Rcccrder
STATE of ARKANSAS
45.
County of Washington J}
1, �c hereby certify that I
am the Publi her f T E NORTHWEST ARKANSAS TIMES, a daily
newspaper havtng a second class mailing privilege, and being not less than
four pages of five columns each, published at a fixed place of business and at
a fixed (daily) intervals continuously in the City of Fayetteville, County of
Washington, Arkansas for more than a period of twelve months, circulated
and distributed from an established place of business to subscribers and
readers generally of all classes in the City & County for a definite price for
each copy, or a fixed price per annum, which price was fixed at what is
considered the value of the publication, based upon the news value and
service value it contains, that at least fifty percent of the subscribers
thereto have paid cash for their subscriptions to the newspaper or its agents
or through recognized news dealers over a period of at least six months;
and that the said newspaper publishes an average of more than forty percent
news matter.
I further certify that the legal notice hereto attached in the matter of
1C� + _ L_> ------------
was published in the regular daily issue of said newspaper for 1 _.. ._.
consecutive insertions as follows:
The first insertion on the -... .... day of [:..iL,yy - 18.1-.
the second insertion on the -------- day of _____ 18. --......_-
the third insertion on the _ - _ - - day of -.- _ _ _.--- 19
and the fourth insertion on the day�pf -------
9 . ]
�U'fjE'/vA), �
Sworn to and subscribed before me on this .--...----------- day of -..—..
----- - --- -- - - ---- -- -- - 19.- ..
No Public
Commission Expires:
Fees for Printing ..._-. _.: L_.A,
Cost
of
Proof ....-_-----_..
Total
_...$ S�
IIIi.q-
Ordery
while
ropey
nthe
e the
paean
Heuty,
has
'1 • . er Ina!
I. 1I That taeuoconlroRed prollferalion
of OSW, 4lehsallnus .b the use,, of
*treats gad highway* writs the Ihplta
if the ty efYa seslse, Arksnas.
That -a bin and meteasing aum-
f basically have been Waltlfig IM
Pt Wfivtevl lie, A,'ansn•. and as
... a direct
said
of pef-
dewndent
D'I the IOU: 'at Industry for their In'ell-
hood.
131 Scenic resources are distributed
Ihmughuat the city, and have contributed
greatly to its erononln development M
attracting tourists. permanent and part.
time residents. and new Industries and
rultu rat facilities.
Ib The scattering of signs throughout
the city Is detrimental In the presence.
❑on of rhos, scenic resources, and so
to the economic base of the ripe. and
is also not an effective method of pro-
viding information to tourists about avail.
able fnrllilies.
T'HEREF'ORE.. BE IT ORDAINED BT
THE BOARD OF' DIRECTORS OF THE
CITY OF F.1YT,P11SvTLI-E. ARKANSAS:
Section 1. That the Critic of Ordinances.
City of Favettev Ile. Arkansas, Is hereby
amended by adding • chapter to be
numbered 1113. which said chapter reads
It fallntc.
Ina 'ir.cr bad by the Federal
' IMI Agenry or etmllar agencies.
IJ,F.TIN BOARD -- Any sign erect-
.I by a charitable, educational or relild-
nus institution or a public body, which Is
erected upon the same property as said
tncluution for purposes of announcing
�'. rats which tare held on the premises.
nNTROLLED ACCESS HIGHWAY —
stale or federal mmnbered highway
_gated by ordinance as .a controlled
", highway by the BotW of Directors
ne city.
SECTIONAL — Signs of a non-epm-
-e sal nature which direct the reader
to the location of facilities or group of
facilities. such as public, religious, and
educational or charitable . institutions,
which may describe the characteristics
of and services available at such fact!.
lies.
DISPLAY SURFACE AREA - The net
c-nmetric area enclosed by the display
of the sign including -the outer
mitres of all letters, characl.R and
..cation: provided, however„ display
,ui fare area shall not include . the stmc-
tunl supports for free standing signs;
provided further, that only one Race of
a double-faced sign as definedshall be
considered In deletmlmng the dtaptay stir -
fare area.
DISTRICT OR ZONING DISTRICT —
A section or sections of the Incorporated
area of the City for which the then ef-
fective Ending Ordinance governing the
use of buildings and land fire uniform for
each class of use permuted therein. Ref-
erences to individual ,Doing district, con.
biped herein shall refer to the zoning
districts established by the Board of
Directors in Article 5 of Ordinance Nmn-
her 1747 (Appendix A. Code of Ordinances.
City of Fayeltevitie. Arkansas!.
ERECT — Tb build, construct, attach,
hang, place, suspend, or affix, and shall
(CONTINUED
(CONTINUED FROM PAGE TWG.YE)
also InmNde the palMing et wall signs.
fl.,A9@IG SIGN — An (Meaning ul sign
an which Artificial or reflected light IS
not maintained stationary and cinstant
hi intensity and color at all times when
N use.
FREE STANDING SIGN — A sign
which is attached to or a part of a
„anpletely self-supporting Structure. The
opporting structure shall be firmly in
Cr below the ground surface and is not
attached to any building or any other
atnrcture whether portable or stationary,
IDENTIFICATION AND INFORMA-,
TIONAL SIGNS Signs M An Identiflea-
tlmal or of Informational nature bearing
fin advertising.
U>LUMINATEO SIGN — Any Sign
whirh has character, letter. figure,. I. -
chits or outline illuminated by electric
lights or luminous tubes as a part of
the sign proper,
ILLUMINATED, OIRm,T — Illumim-
tlm which is Fo arranged that Me light
Is directed into Me fora of the viewer
titan the light spree.
ILLUMINATED. INDIRECT — Pltm.
Inatim an arranged that the light is or.
tlected from the sign to the eyes W
the viewer.
".JOINT IDENTIFICATION SIGN — A
sign which serves a, common or cal
4mive Identification for a group of per -
ems or businesses operating on the name
Anne lot e.g.,Ishopping center. office
alfiplex, etc.). Such sin may came the
persons, or businesses Included but carry
no ether advertising matter.
LEASE — An agreement by whirl, a
Dropert5' owner nnvey,, usually for a
specified rent. In other persons per-
mission to erect and maintain an advert
Ihinf stn upon his property.
NONCONFORMING SIGN — A sign
existing At the effective date of the
adoption at this Ordinance which could
not be built ender the terms of this Or
dlnance.
ON -SITE MON — A sin relating In
AN subject matter to the premises m
which it is located, or to products, ar
eammodations, services, or activities on
the premixes.
OFF-SITP: SIGN — A .in other town
an m -site sin.
PERSON — Moll mean and include any
perxm, fine. porter olp, association.
Corporation, company or organisation, of
any kind.
PORTABLE SWINGER SIGN AND
".A" FRAME OR aANDwrru SIGN —An
advertising device which is ordinarily In
the shape of An "Aor some variation
thereoflocated on the mound, easily
movable, not permanently attached there-
to and which in usually two-sided.
PORTABLE TEMPORARY ATTRAO-i
TMON SIGN BOARD — A single or dm.
bit surface minted or poster panel type)
ain or some variation (hereof, which I%
temporary in nature, usually mounted on
wheels, easily movable, not permanently
attached thereto.
PROJECPING S!GN — .Any an that
/all be affixed at an angle or perpen-
dicular in the wall of any building in
arrb a manner to rand perpendtvutar or
at an angle to the wall m which It Is
mmn1M.
REAL ESTATE PION - A temporary
nn prated upon property for the ptlr-
neae of advertising to the public the
ate or lease of Said Property,
RC F RMON — Any sin wholly erected,
eon'tmcted or maintained on the roof
structure or parapet wall A any build-
ing.
Art LIGHT ILLUMINATION — Shall
mean tllnminatim which Comes from
limps, lenses or devices designed to
focus or cmeentraa the light rays of
the source.
SIGN -- The term gin shall mean
and include every device, frame, letter,
Ileum character, matt, plane, mint.
design, picture, stroke, stripe, trademark
or reading melter, whim Is used or in-
tended to be used to attract attention or
aenvev information when the same is
planet Out of dmra in view of Me grn-
eml public. For the purpose of deter-
mining nhtmber of Sus, a sin shall be
ensidered to he a Single display tar
tar, or display device containing ITS.
AT Organized, related, and cNnposed
es form a unit. Were matter Is diaday-
ad n A 'Aninm msniw rvlth.11t organ'
t#i "P'at nnCJn in PIrm.mr or who'
there . >a�rninhle doom As In oho I.
tinn.hlp .,r element, ea', P,ernenl Who
he n-'id>'ni to be A A''LIP uan
R-` fiat shall be
aNtsr9 a ,. -> '.. i tAJ or printed
m the wai of Ann building in such a
mwnner as to read Mrallel to the wall
m whirh it IA mounted: provided, how-
ever. Bald wall sign shall not project.
flay, tea top of the wall or beyond
the end of the building. For Me parpos.
M this ordinance, an y sign display Burl
face that is amxed Mt against 1M Moo
In[ surface of a mansard mat shall be
emsidered a wall sign. Any sin that is
tiixed to the fare of a buildinu mar -
Nee. building awnine. or a building
canopy shall be considered a wall sign.
Nclian 1'T3. roan Permits
It shall be unlawful for any person to
evert, repair, alter, relocate or keep with-
in the City of Fayetteville Any sign Cr
ether advertising Structure as defined In
this ordinance. eseept as exempted under
Section ITR-S or Section III without
first obtaining a sin permit from the
Building Inspector and payment of the
fee aA required by Able Section. All il-
hrminated sins shall, in addition, he
subject to the provision, of the Electrical
('ode, and the permit fees require
Moreunder.
'RI Applieatlons for Initial stn Fer-
mit - Application for initial sin permits
Mall be made upon blanks Provided by
Me Building Inspector, and shall contain
Cr have Attached thereto the following
Information:
(L Name. address and telephone
Number of Me applicant.
21 LOratlon t building, structure,
m lot to which or upon whleft Me sign
m other advertising Structure is to be
attached or greeted.
(l Position or the sign or other ad
vertising structure in rrtetlon to near-
ly building or structure,.
14' Two blueprints or ink drawings
of the plans and specifications and
method of construction and attachment
M Me building or In the ground.
15, Name of person, firm, corporation
Cr Ass ,atlas erecting stlnelure.
151 Written consent of the owner of
Me building, structure Or land to which
Cr on whim the Structure is to be
erected.
IT) Any electricwl permit required
and Issued for said sin. Application
regaeeting electrical permit for pro
posed tin must attumpagv sign appli.
Arlon.
'S) Such Other Inbrmatim as thei
Building Inspector shall require to show)
full m pllance with City ordinance.
Ibn Bin Permit F'ee' — Every sp.
plicant, before being granted a permit
hereunder shall pry to the City Building
inspector's Office the following permit
fee for each sign or other advertising
structure regulated by this Ordinance:
(h Permit fee of $2.00 plus 30.05 per
square toot of alga race.
(c1 Issuance of sign Permit — It ,Mill
be the duty of the Building Inspector,
upon the (ding of An application for an
erection permit to examine such plans
and ApecifcatMn, and other data and
ml premises upon which It Is Proposed
to erect the ,In or other advertising
structure. And R it shall appear mat
the proposed structure in in compliance
with all the requirement, Of this ordim
Once and all other laws and ordinances
of the City of Fayetteville, he shall then
tame the erection permit. If the work
authorized under an erection permit ha,
not been completed within sly 'At months
after date of inpence, the said permit
rail geroue null and vold.
1d) Sin Permit Revocable — All rights
and privileges acquired under the pro-
visions of this ordinance or any amend-
ment thereto, are mere Ilcepspx "no.
Able at any time by the Favetteville
City Board of Directors and all such per-
m its shall contain this provision.
Section ITB4, Rig,, Maintenance
to Sin Identification — Every aln
Cr other advertising structure hereafter
telistered shall show In a conspicuous
place thetvm which Is visible to the
inspector and is readable by the inspec-
tor from tie around, the permit number.
Chu Prehhe, Maintenance — All free
standingsigns and the premises Surround -
let the name shall he maintained by
the nln.r thereof in a clean, sanitar-,,
and mort condition, and free and
suer of all obnoxious %uhstanres, rub-
enh and weedi.
p., se...T o a -,
[Ire artlen npl.tt •n the the permit -
tee r p
• ,p,rIf the ly owner thereof. or property Owner lath to remove o1'
mile! the stricture so as to comply with
Me sdaysrda herein set firth within ten
ROt days after such notice, such sign
Cr other advertising FWcture may be
removed or altered to comply by the
Building laepector at the expense of the
pennhlea or owner of the p --poem"
Sum which it is Ina led ITC Bit:' 1: I
to any tor shall rep ¢ re!,, In eue a pe ml'
•I
permitted or owner who refuses
Ion Par' costs so a>.euM. The Builds"
Impeclor ma'- rau.e fly Ign or otne
advPnlimg structure tshith an mediate peril to persons or ptoptrty to
he removed summarily and without no -
lice.
sngtnn pB-5- Nonl'onMlm log Signs.
'a1 For the purrw)se or this section,
a non-mnfonning shall be defined
as a sign which does ghtint conform with
the provisions of this chapter or which
does not conform with the C1y yuning
Odinance: surh sign' shalt be removed
within a period of three 131 Coal, train
the effective date o! the adoption of this
Ordinance, except that:
111 On -Site Nm.glnforming Signs
All non-conforrntng signs not otherwise
prohibited by the provisions of this
ordinance, relating to a plate of busi-
ness and located on the same premises
a% Such place of business, may be
continued until:
(a I the nature of the business con -
dueled on the premises changes In
such a manner A% to oea,ioo a
change in the existing sin: or
Ili the name of the business
change, and the tin Is changed or
modified either In Shape, size, or
legend.
'2' Ott Site y,-ronforming Sins —
Where an off -site non -conforming sign
IN located off the premises of the place
of business to which the sin pertains
And exists at the efferlh'e date of the
MOption of this Ordinance and could)
not be built under the term' of this
Ordinance by reason of restrictions on
Fin Area, heinl, it, location on the
lot, or other requiremenla, the owner'
M the sign shall:
ai Pare on record in the office
of the Building Inspector within one
111 Year following the adoption or this
Ordinance a sworn statement regard-
ing the term of the lees, agreement
that was In effect m the effective
date of this Ordinance, it Any, and
other inronnatlon describing the exist-
ing sign.
1b1 If a lease Is In effect, remove
said sign at the end of the lease per -'I
lad,
Oct If a lease In not in effect, re-
move the sin within three ,3) years
from the effective date of the adop-I
tion of this Ordinance.
Ihr No non-couforning sin may he
enlarged or altered in a way whlchi
would increase its nmionf0rmity,
lc% Should any cam-mtfonning sir
be damaged by any means to an extent
of more than 50 percent of Its replace-
ment cost at time of damage, it shall
not be reconstructed except in con-
formity with the provisions of this or -
di nanet -
Section ITB-& Exemptions.
Exemptions shall not be construed as
relieving the owner of such aims tram
the responslbtlity of complying with cer-
tain applicable provisions of this Or-
dinance. The exemptions shall apply to
the requirement for sign permit only
an no sin permit shall be required
ion Me erection of the following sins:
u) Professional name plates erected
flat On walls of Wilding and not ex-
ceeding four 14i square feet of display
finale area.
sib) Building rm,lmMim Slna —
One on -site building ronslmellm sir'
on each construction site in any wming
disirrt provided that:
rt, Maximum Ntplar yurfare arre
squad feel or legs in R Inning di, -
Iii Cl,.
32 square feet or less in other zoning
'listnCs
m Real Estate signs — Oct a zoning
hot in any district, there may he
erected on each street trmtage me
umnlmated reel estate sign, whose
pem1RIt Illumination and maximum
area shall he as follows:
Permitted Area
District illumlael. (Square Feet)
A Kim illuminated 32
R - R-0 Non -illuminated
P.! CAF Non -flashing 32
1d) Rigne painted m the exterior sun
fare of a building or structure as lot.
farm
(11 On -site wail signs In A -I Zoning
District.
121 Onsite wait gins in RO Zoning
Ixislrlct not m exceed 1g square feet
of display surface area.
,31 On -tile wall signs in C or I Zon.
img Disrcts.
lei Home Occupation airs erected
tat anlnat the wail of the building and
not exceeding four (b square feet in
a -PS when erected In the R-2, R-3, C -S,
ant RIO Zoning Districts
If, Memorial sire or lahtem, names
if budding. and date of erection when
.It into any masonry wirfare or when
•1 Ilr1nn of Amnia n. r hnr vmgpnafl-
CIS.
]p
'•9.x nn a do f 'ni)a[lit.
rthe ch
of ors. or anginM g lettering
iv numbers on signs designed for
.h%qn-crc eablplegal lettering or numbering which
lure Treaty erected and maintained for
sued purposes.
Ill Election l mplgn Rirs—Iblluraf
gns are permitted to be paced on
Thr,na property in env disMct, sublecl
to the following condltlwrs:
CO Ti districts where sirs are not
Permitted. a political sign shall not
be placed mom than thirty (201 days
prim to the eleetems to which it ap-
plies. ape it shall be removed within
72 hours following the final election
that Is bud the owner ol the prop-
erty Me which said sign is paced shall
be respptelbie for Be removal.
13 In district, where sine mire other-
wise ..emitted, political gins shall
meet those requirements,
and hire with -
Lit ad a Tim,
sing matternaProvidinglallclean-
inces prescr1bed herein for sins simiar-
.. ladled, am maintained.
I1 Banners shall be exempts when
•<ed in conlal(tlon with public and Pri-
late events as follows:
(1) Eleetlm Campaigns
Election Campaign banners when
said winners are not placed more
than ton days prim to and removed
within q2 hate following the election
b which the banner applies.
(2) Pail Cvants:
Public event banners shall be re-
moved within 72 hours following the
event to which fee banner applies.
!b) Print, gales Events:
Banner. placed on Drlvate prop-
erty for advertising a spwtal "leg
event
N(YPE: Rannera bearinP advertising
matter %hall be considered wall or
free standing signe. depending union
mmnting. and shall meet all reeula-
tiais pertaining thereto.
III All signs located within a building
I that are not visible to the public outside
said budding.
(m) sign, painted on, or affixed M.
atria surfaces of windows or doors and
pertaining to the lawful business con-
ducted therein,
(ii) Directional, Identification. and In-
formational signs. provided that such
signs Sr. limited to wall and free stand-
ing signs wllh a maximum of tar (U
square feet or display surface area.
(0) Collection boxes for charitable or
non-profit organization containing no
canmereial advertising and located on
private property In any C or I Zoning
District.
1p) Subdivision Signs —In any dis-
trict, one temporary aubdlvishm identin-
ration sign Indirectly illuminated, not to
exceed fifty (50) square feet in area per
surface may be erected at any principal
entrance to a subdivision, provided that
in no event shall such sin remain for
more than six months within S) feet of
a dwelling in an R District occupied as
a dwelling.
(q) Bulletin 1h)and, six 1R, feet or
less in height with display surface area,
up to sixteen 1161 square feet.
Section 1711.7. General Realatlone.
fat Removal of Certain Sirs —Any sign
now or hereafter existing which no longer
advertises a bona ride business con-
ducted. or a product gold. shill be taken
down, obliterated, or rammed by the
owner. agent, or person having the bent -
tidal one of the building or structure
upon tenure to comply with such notice
within ten (10, revs after written nOtl-
flcation from the Building inspector, and,
uppnon Failure to compb' with sues notice
within the time specified in such order.
the Building Inspector is hereby author-
ized to cause removal of such sign, and
any expense incident therein shell he
I paid by the owner of the Property, build -
line, or structure to which such sir is
I attached or affixed.
Ih Signs Not to Constitute Traffic Haz-
ard —No sign or other advertising strut -
lure as rrrlated by this ordinance shall
be erected or continued to be displayed
at the Intersection of env street In such
a manner as to obstruct free and clear
vision; or at any location where, by rea-
son of the position, mape. or color, It
may Interfere with, obstruct the view of
or be confused with any authorized traf-
fic air, signal Cr device: or which makes
use of the words. •'S'T'OP" "LOOK;'
"DRIVE-IN," "DANGER;' or any oth-
er word, phrase, symbol or character In
such manner as to interfere with, mis-
lead, or confuse traffic-
rr) Public Property —No vlgns ether
than signs placed by agencies of gnv-
erments mall be erected on any public
propert. No agn . fl. II if piare,
private property without the con.
the owner thereof. No shin •r..
placed or painted on say tree
No signs shall be preal on ar
pole except Ibe wadS'l4leatmcoi
similar purposes.
Idi Sign Ili
Lion by inrv...
restricted to s'..
five 125) watts or Iva%.
el Spot flights and Beam'
—It shall be unlawful for a: continue in p...thu of erect an .,
traction device or alp- .i,i* contains a
beacon or any type /red/or contains a
spot light providing direct Illuminelini
to the public.
If Fluctuating Illumination P-^
—It shall be unlawful for any pe -
erect add tonal attraction devices a' . +
or to continue in operation an attrarti i
device or sign which flats. blinks, or is
animated. Illumination of attraction de
vices or signs located In the city that
fluctuates in light intensity mall .be pro
hibited.
igi Portable Sw,9ger, 'A' Frame.
Sandwich. Alltem9n Sir Bards Pro-
hibited —It shall be unlaef lfor any Per
am to continue to display rn elect Ann
portable ,,eager, "A" frame, sandwich'
or lemporery attention sign board to the
flit
'h1 Parked vehicles carrying, advert. -
rig shall be considered a air tulip the
are In ot,erable mndlion and carry a
current valid license tag.
Ii Restrictions Along Controlled Ace.
Highway, --No off -site sign shall he Mr
mated wlthid ddb teat of the And of At
of any controllod'ahe" hi[bwet.'
Sweuon 'IS -8. goef Spa.
Rood signs shW S. pimbtbA" and nn
roof sir shall hereafter be blared on
the roof of soy Wilding or structure in
any zoning aatfdbt of the Olty.
Seals 1268. Free swadlag Slits.
It mall be unlawful to erect any free
standing R'gn whose total height N rent-
er than tbEty.(301 feel above the level of
the street upon whklg the sign films. Fire
standing signs located m property which
abuts bath a controlled access highway
tend a state or federal nanbered high-
way may not be erected where the total
height of said air is greater San thir-
ty 130) feet above the piano a the pave
ment of the highest triad at that inter.
section. Free Standing signs shall he
Permitted to be erected In the Qty sub-
ject to the following:
(a) "k -I" DistrN
(Ii Off -site free pending signs
sell be prMlbted.
(2) On -site free standing signs sub -
led to the following:
a. Only one 111 m -site tree
standing sign small be permitted on
e lot.
b, Display surface area shall
net exceed sixteen am square feet.
e. Sign may be ithvnthated by
indirect illL, 'AM& only.V..L
a. an .1.111 ^V�yw' f!�k floo-
DI-five (35h feet from existing
street right of way an lwenly-
five (25) feet D'art any ' or
(b1 and ' swil�u.
Freeee saedin w a Mali a Oad!
hibited and no free standing sir' shoo
hereafter be erected in am't'' er
"R -O" District of the City.
(c) 'C' Districts:
(1) Onm one 111 m -site or oft..:.
free standing sign mall be permste
on a let.
(2) Only one ill of -site tree standing
sin shall be permitted on any vacant
pmprty of me ownership.
13) Free standing signs mat be sub
• leer to the following:
a. Display surface area shall not e.
reed 75 square feet except on -site free
standing sine located on property which
slily 1 controlled seeps. highway when
ton -•
•
h Sga'J be setback s nunimnm n1
.•I' Inc 'eel I:nn
n dell Iha'
n wful''r local
'net hen the -
e free standt!;z , ns ."I, rw x1
tied within ten feet of the front face
the building or structure but in no
OF shall an ensile free standing sign
permitted closer than fifteen (151
'.vt from street right of way.
Shan be setback a minimum of
'wenty.five ' ' feel from the boundary
an' "R" or ''no'' District.
it Signs may bin illnmidated by di,
'-<-t or indirect illumination.
e. Ma" he erected a minimum of me
C r poor from adjoining property,
q1 Tie display surface area of
joint identification signs m%v be in-
ereased to me fit puare feet per five
hundred r, square feet of floss
leasable building area, with a maximum
dicniav surface area of three hundred,
•3 agrare feet.
I''''' Disirims-
(Ii On site free standing signs shall
he permitted.
(21 Off -site free standing signs shall
be prohibited.
(er Free standing sign. flap be sub-
ject to the following:
a Dlcplav surface area shall not:
exceed 300 square feel.
I,. shall be set back a minimum of
Fifty (501 feet from street right of'
war' in the I-1 District, One hundred
111)0' feet from street right of way In
the e.2 District.
cMay be erected a minimum of
it 1e. fool fran adjoining property;
provided, however, mid signs must be
set hack twenty -Ova (Zi feet Dean
the bounden- of env "'R" or "R -o"
ttstrict.
(e' "P" and "F-1" Districts:
Free standing sign, other than those
permitted in Section 17R.e shall be pro.
hibited and no tree standing sign shell
hereafter be erected in the "P" and "F-1"
1Trtrica.
beetle+ 17816. PmIM1eL Apa.
D shall be unlawful to creel any pr's
acting sign that projects more than two
(2e feet from the well of the building
limn which it in erected or which
projects beyond the end or top of the
wall to which it is attached. Display
surface area of projecting signs spell not
exceed sixteen r 16square feet. Only
one projecting sign per business shall be
permitted and a projecting sign shall not
be permitted m. property which has a
ere, standing sign.
(at Off -site projecting signs %hall be
prohibited in 'A.1'• 'R'--R-O''^a-
•T' .'P' - arch ''F -I' Diet nets.
flee On -site projecting sips Groh re.
prNibted in "A I" "R". end "F 1" Dig.
Inch.
l ertinsr ITB-I I. Pall Sian..
• 'pl1p surface area of wall cane
not be restricted in area, except as
• - wise noted Wall signs shall not
rrl more Ran ten 1101 inches from
sunset upon which they are
nn led.
Off -slip wall signs shall be pro -
..led in "A.I.• 'R" "RA" "C" ^r•
•and "P 1" Districts.
h, In "R" and "R-0" Districts:
111 Limit of me 11' m -site wall in
for each business (mated on the pros
art>'.
2' Display surface 'area shall not ex -
read sixteen (16, square feet.
"antnn 1711.11. SepenMllty.
',quid env section or provplon of this
'+' I name he declared by the courts to
he unconstitutional or invalid, such deci-
sion shall not affect the validity of the
ordinance ae a whole. or env part there-
of other than the pert so declared to be
ummnstitulioml or Invalid.
lSeetlee ITR-13. Peealtlea.
Violation of the provisions or this ordb
naneb or failure to comply with env of
ice requirements shall constitute a mis-
demeannr. Any person who violates this
ordinance or fails It, comply with env of
is requirements shall upon conviction
I hereof be fined, not less than g2S00. not
more then 11.000.00. Each day such vie
let'on ronlinuea shall be considered a
smarale Offense.
The owner or tenant of any building,
sliuctm'e, premises or pert thereof, and
an, an -hued, builder, contractor, agent,
or other person who commit%, participetes
in, or maintains such violation may be.
rapid guilty of A separate offense and'
suffer the penalties herein provided.
Nothing herein contained shall pre-
vent the City from taking such other
lawful action as in necessary to prevent
or remedy an" violation.
section I1R-la. provisions Declared to bet
Minimum Hai ulremmh.
In their interpretation and application,
the provisions of this ordinance shall be
held to be minimum requirements adopted
for the prmmotion of the public health,
safety and general welfare. Wherever the
requirements of thin ordinance are at
va +lance with the requirements of env
other ordinances. the highest or most
restrictive standard shall appp'.
Seenm ice -Its (aenetlng Ordaanree
Repea1M.
All ordinances or la rte of ordinances
of the City of Fayetteville in conflict
herewith including but not limited to the
roliowtng, are hereby repealed: Ordinance
Net. Na. 1747 1ADpendlx A, Code of Ordi-
nenceel. Article 7, Section. 16, 17, and
19.
ieetlm ItR-la. Ameedmmt of tonlar
ordInn re.
That Ordinance No. 1747 Appendix A,
pole of Ordinances', Article 7. Section
16 he and i, hereby is redesignated as.
Section I.
Section 11R --1T. Amendment of Zo fag
• and IC;
a- r ead as follows:
I . I r 2e. OUTDOOR ADVEI
DIS1NO
'a' rlecn'iplinn
Outdoor advertising is set forth as
single use unit 'n order In provide man
mum control over the location of this use
suhleet to Article 7.16.'
PASSED AND APPROVED this 1St
day of December. 1912
APPROVED:
F. SrARR, Mayor
A'rrE'r
N F.LF> r OL'Nf.
City 17erk