HomeMy WebLinkAboutOrdinance 1893 ry
ORDINANCE N0 . „SF,II .' ! Q ' t IdTY
893
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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