HomeMy WebLinkAboutOrdinance 2109 ORDINANCE No . a/d9 R � COFt 'DPh 2. 27
•15 JUN 13
AN ORDINANCE AMENDING ORDINANCE NUMBER 4%E�RCA�FY
THE SIGN REGULATIONS PROVIDED THEREBY ; TO PROVID ROF
SIGN APPEALS ; AND FOR OTHER PURPOSES . ACtRC�1� ( CLERK
BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF
FAYETTEVILLE , ARKANSAS :
Section 1 . That Section 17B- 2 of Ordinance Number 1893
is hereby amended by adding the following :
Lot - A portion of a subdivision , or any other parcel
of land , intended as a unit for transfer of ownership
or for development .
Mall - Any concentration of retail stores and/or
service establishments which share customer parking
areas and are located within an enclosure having public
walkways whereby a customer in one store or establishment
may walk to another store or establishment without leaving
the enclosure .
Shopping Center - Two or more retail stores and/or
service establishments , or one retail store and one service
establishment , sharing customer parking areas , regardless
of whether said stores and/or establishments occupy separate
structures or are under separate ownership .
Section 2 . That the definition of the term " sign " contained
in Section 17B- 2 of Ordinance Number 1893 is hereby amended to
read as follows :
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 ;
in addition , any of the above which is not placed out
of doors , but which is illuminated with artificial or
reflected light not maintained stationary and constant
in intensity and color at all times when in use shall
be considered a sign within the meaning of this chapter ,
when placed near the inside surface of a window
in such a way as to be in view of the general pub-
lic and used or intended to be used to attract attention
or convey information to motorists . For the purpose of
determining 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 a reasonable
doubt as to the relationship of elements , each element
shall be considered to be a single sign .
Section 3 . That Section 17B- 5 (A) of Ordinance 1893 is
hereby amended to read as follows :
Sec . 17B- 5 (A ) . Non-conforming signs . 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 . All on-site non- conforming signs not otherwise
prohibited by the provisions of this chapter shall be removed
or shall be altered so as to conform with the provisions of this
chapter within 7 years from the effective date of
Ordinance 1893 ( 1- 19 - 73 ) .
887 314
MICRORLMED
DATE OCT 1 a 197e
REEL
. 2 -
Off - site non-conforming signs not otherwise pro-
hibited by this chapter shall be removed or shall be
altered so as to conform with the provisions of this
chapter within 4 years from the effective date of
Ordinance 1893 ( 1- 19 - 73 ) .
Section 4 . That Section 17B- 6 of Ordinance Number 1893 is
hereby amended by adding Paragraph ( r ) to read as follows :
( r ) Fuel price informational signs . In any district ,
signs advertising the price of motor vehicle fuel sold from
a fuel pump located on the premises shall be permitted ,
subject to the following conditions :
'( 1 ) Only one ( 1 ) fuel price informational sign shall
be permitted per fuel pump .
( 2 ) Fuel price informational signs shall be limited
in size to an area of 216 square inches .
( 3 ) Each fuel price informational sign shall be affixed
directly and firmly to a fuel pump and shall be stationary .
( 4 ) Nothing herein shall be construed to prohibit the
advertisement of fuel prices on any other sign meeting the
requirements of this chapter .
Section 5 . That Section 17B- 7 ( a) of Ordinance Number 1893
is hereby amended to read as follows :
Sec . 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 or removed
by the owner , agent , or person having the beneficial use
of the building or property upon which such sign may be found
within sixty ( 60 ) days from the date when such business or
product is discontinued . If the sign in question is not
taken down or removed within the above sixty ( 60 ) day period ,
the Building Inspector shall issue a written notice to said
owner , agent , or person . Upon failure of said owner , agent
or person to comply with such written notice to take down
or remove said sign , the Building Inspector is hereby au-
thorized to cause removal or taking down of such sign , and
any expense incident thereto shall be charged to the owner of
the property upon which that sign is attached or affixed , and
shall contitute a lien upon the property . For the purpose
of this section , the words " taken down " and " removed" with
regard to signs which no longer advertise a bona fide
business or a product sold shall be interpreted to mean :
( 1 ) The sign face , along with posts , columns , or
supports of free- standing signs , shall be taken down and
removed from the property .
( 2 ) The sign face and supporting structures of
" projecting " " roof " or " wall" signs shall be taken down and
removed from the property .
( 3 ) The sign face of " painted wall signs " shall be
removed by painting over the wall sign in such a manner
as to completely cover up and hide from sight the sign in
question .
887 315
{ - 3 -
Section 6 . That Section 17B- 7 is hereby amended by adding
Section ( j ) to read as follows :
( j ) Revolving , rotating , or moving signs 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 revolves , rotates , or other-
wise moves .
Section 7 . That Section 17B- 9 ( C ) ( 1 ) is hereby amended to
read as follows :
( 1 ) Only one on- site or off- site free-standing sign
shall be permitted on a lot , at a shopping center , or at a
mall .
Section 8 . That Ordinance Number 1893 is hereby amended by
adding Section 17B- 11 . 2 to read as follows :
Sec . 17B- 11 . 2 . Board of Sign Appeals .
( 1 ) Created . The City Board of Directors shall by
virtue of their office constitute a Board of Sign Appeals .
The word " Board " when used in this section shall be con-
strued to mean the Board of Sign Appeals .
( 2 ) Interest in sign . Any member of the Board who
shall have direct or indirect interest in any sign or
in any decision relating to such sign , which shall be the
subject matter of , or affected by , a decision of the
Board , shall be disqualified from participating in the
discussion , decision or proceeding of the Board in con-
nection therewith .
( 3 ) Appeals . Appeals to the Board may be taken by
any person affected by any decision of the Building In-
spector . Such appeal must be taken within thirty ( 30 )
days from the adverse decision of the Building Inspector ,
by filing with the Building Inspector a notice of appeal
specifying the grounds therefor . The Building Inspector
shall forthwith transmit to the Board all the papers con-
stituting the record upon which the action appealed from
is taken .
An appeal stays all proceedings in furtherance of the
action appealed from , unless the Building Inspector cer-
tifies to the Board after the notice of appeal shall have
been filed with him that by reason of facts stated in the
certificate a stay would , in his opinion , cause imminent
peril to life or property . In such case , proceedings
shall not be stayed otherwise than by a restraining order
which may be granted by the Board , or by a court of record
on application , on notice to the Building Inspector and on
due cause shown .
The Board shall fix a reasonable time for the hearing
of the appeal , give seven ( 7 ) days public notice thereof by
publication in a newspaper of general circulation in the
City , give due notice to the parties in interest , and de -
cide the appeal within a reasonable time . At the hearing ,
any party may appear in person or by agent or by attorney .
( 4 ) Jurisdiction . The Board shall have the following
powers and it shall be its duty :
887 316
r
- 4 -
(A) To hear and decide appeals where it is alleged
there is error in any order , requirement , decision
or interpretation made in the enforcement of this
chapter .
(B ) To hear requests for variances from the literal
provisions of this chapter in instances where strict
enforcement of this chapter would cause practical
difficulties due to circumstances unique to the indi-
vidual sign under consideration , and grant such variance
only when it is demonstrated that such action will be
in keeping with the spirit and intent of this chapter .
( 1 ) The Board shall not permit , as a variance ,
any sign , the erection of which , or the continuance
of which , is prohibited by this chapter .
( 2 ) The Board may impose reasonable conditions
in the granting of a variance to insure compliance
and to protect adjacent property . A violation of such
conditions shall constitute a violation of this chapter .
( 3 ) In exercising the above mentioned powers , the
Board may reverse or affirm , wholly or partly , or may
modify the order , requirement , decision , or determina -
tion appealed from , and may make such order , require-
ment , decision , or interpretation as ought to be made .
( 4 ) The concurring vote of a majority of the full
Board shall be necessary to reverse any order , require-
ment , decision or determination of the Building Inspector ,
or to decide in favor of the applicant on any matter
upon which it is required to pass under this chapter ,
or to effect any variation in this chapter .
( 5 ) Appeals from Board of Sign Appeals . Any person
or persons aggrieved by any decision of the Board of Sign
Appeals may seek review by a court of record of such decision ,
in the manner provided by the laws of the state .
Section 9 . That all ordinances and resolutions , or parts
thereof , in conflict herewith , be and hereby are , repealed .
Section 11 . The Board of Directors hereby determines that
there are conflicts between the City ' s zoning ordinance and
sign ordinance regarding regulations applicable to the use of
signs within the City ; that said conflicts have prevented the
effective enforcement of the City ' s sign ordinance , which en-
forcement is hereby found to be necessary for preservation of
the public health , safety and welfare ; and the Board of Directors
hereby determines that the passage of this ordinance is necessary
for the effective enforcement of the City ' s sign ordinance .
Therefore , an emergency is hereby declared to exist , and this
ordinance being necessary for the preservation of the public
health , safety and welfare , shall be in full force and effect
from and after its passage . )
PASSED AND APPROVED THIS DAY OF
1975 .
� . .r • . . APPROVED :
r
r: w
MAYOR C/LfB�ZJ
• N
J , do 887 317
C TY CLERK
CERTIFICATE
STATE OF ARKANSAS )
CITY OF FAYETTEVILLE )
I , DARLENE WESTBROOK, 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 , therein set forth ,
and the same is as it appear /s� of Record in L �J
Volume \
at Page yhereof .
IN WITNESS WHEREOF , I have hereunto
set my hand and affixed my official
i ! ! (/f,!`7 4 seal this �( day of
i. : ,
. .nsv.. �# !� • R ' F
� CITY CLERK
_ ;�: 887 318
I
FFeRTI>?'TGATg OF REC01M
8+"te of Arkarfsas ( SS
6 'tjd of 11ay'elteville
1 s ="n fli36 f;:. Kennedy, City Clerk and t
Ls—ol.iuio reecirder for the City of Fayetteville,
do Hereby Certify that the annexed or fore,
gain,g. is of record in my office and the same ap-
rears in Ordinance & Resolution book
V v . at page ---Q S Witness my
hand and goal this day of
,a 19 .
I
Say Clerk gad Ex-Officio Recorder
CERTIFICATE OF RECORD t
Ill"OF ARKANSAS i. SS. ,
Washington County i .,,
I, Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for •,; ;', a
that the annexed or fore.
Washington County, do hereby cer.ify
going ins ment was filed for record my office onthe
the e is
oi19�Lat o2 o clocksc"��� r ... . .
record at pag= . fir .•
iduly recorded in (P
Witness- my hand and seal thiel r day o
M MAS€R
' - Circuit Clerk and
Ex-Officio Recorded
ay �
- oeoutY Clerx
i •
I
it
ORDINANCE NO. 21M
AN ORDINANCE AMENDING OR
DINANCE NIIMBFR 1893 TO IxARIwY
TAF. SIGN AF.GLiLAT10NS PROVIDID
THEREBY: TO PROVn)E A HOARD -
or
SIG9 gPPFA1S: -AND POR O'1TffiR STATE o[ ARKANSAS 1
PURPOSES. J}
BE IT ORDAINED BY THE BOARD ss
OF DIRECTORS OF THE CITY OF County (ILNashington
FAYETTEViLLE. ARKANSAS'.
Section 1. That Section I)H-2 of Or-
dinance Number IgM Is hereby emended
by adding the following:
Int - A portion of a subdivisionlirI hereby certify that i
Any
un othf r er para
r mise of ml of land.
nhMded Ir
As tit
p am Pub iaher of E NORTHWEST ARKANSAS TIMES, a daily
development 11eW8 g g g
Mall - Any etmeemnuon at he paper having a second class muffin rivile e, and beim not less than
.stores ander service estabmnment$ four pages of five columna each, publ muffin
t a fixed place of business and at
which Mbmer
an emperiling ansa and
are located within an encloau s having a fixed ( daily ) Intervals continuously in the City of Fayetteville, County of
public walkways wearehy a eminence Washington, Arkansas for more than a period of twelve months, circulated
m one quire or eeinDOMmant may was
to anomer strips or establishment without and distributed from an established place of business to subscribers and
leaving the a lewna. readers generally p
shopping Center - Two er mere rets* R y of all classes in the City & County for a definite rice for
stores ander service eateblishmmte, or each copy, or a fixed price per annum, which price was fixed at what is
one retail sterk and one asrvlee eslaR
aehment, sharing customer Parking considered the value of the publication, based upon the news value and
areas. regardless of weather said stores service value it contains, that at least fifty percent of the subscribers
atM-sr astsbllWnmb *DD00y Papaya s
structures or an under separate ewmr- thereto have paid cash for their subscriptions to the newspaper or its agents
ship' or throw
section 1 Tut the definition Of the. gh recognized news dealers over a period of at least via months ;
term -sign" eaniabwd In Section ITS 2 and that the said newspaper publishes an average of more than forty percent
Ordlnann Number INS is berebir
,tided to Md as follows: news matter.
en . The term "slan" shall mean
nciuee .vary device. tram*, letter, I further certify that the legal notice hereto attached In the matter of
-he•'nrte. MArk plana point.
`1,vA193
rthith +uIlluminated %rah arttr'�tta O
o. '.
'nal was published In the regular daily issue of said newspaper tor._.. . .- _.-__--
reMeted light tent maintained station- ewBwg/teYkfl Insertions as follows :
� y and constant in intensity and color
all amp What in nee Mall be c -
dered a at/1 within the meaning ea The first on the /-3 day of 19..
this Chapter, when placed Wake the testa. fit insertion -. .-.. --..�G�J'CQ'•-- - .�
surfaea V wteOlrl to such a way
m u ' vhlw of tea aural publicay the second Insertion on the da o[
" I Dead Q lniepded te be Ssed t° ae y _ .__ .__—"_.__ 19......___
.t attention or course information to
rix . For the nurpnse or eater
,. ;.,_ ..all the third insertion on the _._ day of -. ----------- 19-_------- -
�n and the fourth insertion on the _ .. day of --_____------------ 19-__...__
i
a
;,rtmn 3. That Section Iia-3 (A) of Sworn to and subscribed before me on this . ._/..__ ----- day of _-_.--._...
craHe .�
ng IgM to ima l k nod . to.
-•n as fnumnv
. cd
, ,ior -- ---- ---'-""-- ----------------
.ve Notar bl e
our
19- My Commission Expires :
oft site non-co°mrming signs net
M remoed or shall
by as chapter Masall \ ) / _ 7 /
ot removed or edb tie shared ea as 7—.L- _ ."�/ L(�
to conform with IM prueislans of this
chapter within a yeah from the affective
date of nodinanre IgM sl-lYT3).
Section 1. net SaMim 17136 of Or-
dinance Number IM is hereby amended Fees for Printing _-__. _..--.�8_-1�
by adding ParagrPeh (r) at read ea
rollowe:
(r) Fuel prim Infortnational signs. To Cost Of Proof __ ____ ..
•ray otorl v iclesignadvertising mid lir lea Drive
d matter vehicle NN told from • fuel
Primp m W Mail b Total -------
permitted. subject lot line
follewlnR
renditions' fuel Price* Inlet
(1) ONy oft '(I1
mAntinel sign shellbe Der'miaed Per
fuel PUMP.
R) Fnel price infermatimal slam shell
be ,.rated in *Ira b an sees of 216
e Informational sign
1.1 .'clly and firmly in,
M Audianary-
a be construed'
—Pnl of fuel
meeting Me
a of Ih1% rhaptcT
+ That Section 1IB-1 (a) of
Yumber IBM is hereby
te. +! as follows' -
(3) Appa'als. Appeals to I.te R.,-art
a tbma
e taken by any rein Priam(rd
>yoy detiatm d the Bolding farmer
or. Such appeal must b taken wunin
Ssc 1711-7. Ce pane Begmatwna. thirty (b) days from the ndverw
(a) I &I of esrtain signs. - Aov decision of the Bullding Inspector, by
mplonger advaBsm as bops fine Wes near ing which Nuns of the Building Inspector n
unds
,anducted, of a pradat end, shall be theles Of appeal Building
specifying me r shall
taken claw a [*mowed by the owner, forttherefor. The Ht W t IMoaclor shall
he
agent. Or person having the beMficlall panels transmit m the woward all on
use of the bWldlni or 1properly upon ripen s Action constituting lle word I upon
which such sign may be found within which the acdon appealed from le taken.
sixty (a) days from the date when An appeal slays all proceedings In
inch buslMN or proddrl Is iierontlnued. furtherance of the action appealed from,
If the sign in Question is not taken down unless the Building Inspector certifies
or removed within the above sixty (a) to the Board after the notice or Appeal
day period. the Building Inspector shall shall have been filed with him that
law a written notice W said owner, by reason of facts stated In the certi-
Agent, or person. transit failure Of Yid firsts a stay would. In his opinion, cause
modal agent or perwp to comply erllh imminent peril to life or properly. In
such written nouce t0 tdr dawn Or such case, proceedings shell not be
nmeye mid dria, low B*Ildlog IMpsemr stayed otherwise than by a entraining
is hereby authorial m cause removal order which may be granted by the
or tell down of such sign, ami env Board. or by a court of record on sppll-
etpenas incident Research shall be channel cation, on notice m the Building Inspic
no the hwoer of the property upon which for and On due cause shown.
that sign Is attached M affixed, and The Board shall fix a reasonable time
.L _._ • . .: .__� _ for the hearing of me appeal, give even
(7) days public notice thereof by pill
cation
it l-
catlon In a newspaper Of general circu.
_ Iauon in the City. give due notice to
_ me parties in Interest, and decide the
noturl sold -Joni t- of appeal within a reasonable time. At
reranthe hearing. any party may appear In
( 1 ) The sign face, abmg win posts. person or by agent or by attorney.
nlumns, or suppnrt_c of fraatending (4) Jurisdiction. The Hoard Nall have
signs, shall be Laken down and mmoced the following powere and it shell bat
from the property. its duty:
(2) The sign face and moral slrur. (A) To bear and decide appeals where
lures or "projecting" "rol or "*Ali" it Is alleged there is army In any order,
,ums shall be taken down and removed! requirement, decision or m(arpretallon
from me properly. mads in We waroreement of this chapter.
1.11 The sign face of "painted wall (B) To hear requests for variances
signs" shall be removed by painting from me literal provisions of this chapter
over the wall sign in such a manner in Instances where strict emawment
s in completely cover up and bide of tee chapter would cedes practical
from sight the sign in Questing difficulties due to circumstances unique
Section 6. That Section 17B 7 is hereby Iso We individual sign under const-
amended by adding Section (j) In read deralion, and grant such variance only
as follows: when it Is demonstrated that such action
(j) Revolving. rotating, or moving will be in keeping with the spirit and
p
a rohmted. - It shall he unlawful intent of this chapter.
for any perann to erect additional at (1) The Board shall not permit, As
traction devices or signs or to continue a variance, any Plan. the !}panni Of
n operation an attraction device or sign which, or the continuance of which, to
vial revolves, rotates, or otherwise prohlbtled by 01 chapmr.
uocea. (2) The Board may impose reasonable
Section 7. Thal Section 17119 (C) (1) conditions in the granting of a variance
Is hereby amended to read as follows: m Insure Compliance and an protect adlA
( 1 ) Only one on-site or OR site free. cent property. A violation Of such von-
standing sign shall he permitted On a ditlons shall constitute a violation of .
Int, at a shopping center, or at a mall. this chapter.
Section 8, That Ordinance Number 189.1 (e) In exercising the Above mentioned '
s hereby amended by adding Section powers, the Board may reverse or it
.7911.2 to read as follows: firm. wholly or partly, Or may modify
Sec. 17B It 2l Boatel of Sego Appeals. the wader, requirement, decision, or
❑ ) Created. The City Board of Direr determination appealed from, and may
Ion shall by virtM of their office cons* make such order, requirement, decision,
luta a ROOM of Sign Appeals. The word or interpretation as ought to be made.
-'Hoard" when Mad m this section doll (4) The concurring %me of a majorip
�tmlrp W mem the Board Of of the 1011 Board shall be necessary
4ttpeals. to relic-se a" order, requirement, decision
yInterest in sign. Any member of or determination of the Building Inxpeo
haBoard who shall have direct or tor, or m decide In favor of the applicant
indheel interest in any sign or in any on any matter upon wbirh it is required
decision reiatinx W such sign, which to pass under this chapter, or to client
tiAII he the subject matter of, or after any variation in this chapter.
'.ed by . a decision of the Board. shall (S) Appeals from Board of Sign Ap.
M disqualified from participating to the peals. Any person or persons aggrieved
= t , dr. ,on or nmesedmg Of the by any dertsiol r • the Board of Sin
,,,, "n ApPrr . ,
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21
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DAY OhJun.
ATTEST
Will Westbrook
(i '•rk