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HomeMy WebLinkAboutOrdinance 4500 ORDINANCE NO. 4500 AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE, CHAPTER 174: SIGNS, OF THE CODE OF FAYETTEVILLE, TO PROVIDE AMENDMENTS TO AND CLARIFICATION OF VARIOUS PROVISIONS TO CONFORM WITH THE JUDGMENT AND MEMORANDUM OPINION OF THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS ISSUED IN LA TOUR v. CITY OF FAYETTEVILLE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 174: Signs, Unified Development Code, Code of Fayetteville is hereby repealed, and Exhibit "A" attached hereto and made a part hereof, is inserted in its stead. Section 2. Emergency Clause. That the City Council of the City of Fayetteville, Arkansas, having found that the United States District Court Judgment and Memorandum Opinion require the immediate amendment of those sections of Chapter 174 found to be constitutionally deficient, hereby declares this ordinance to be necessary for traffic safety and protection from visual clutter, and as such, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from the date of its passage and approval. PASSED and APPROVED this 1st day of July, 2003. Ott to ' 4h �� APPROV D UL 1 DAN GOODY, Mayor ATTEST- By H, City erk EXHIBIT "A" TITLE XV, UNIFIED DEVELOPMENT ORDINANCE Chapter 174. Signs. Sec. 174.01 . General regulations. Sec. 174.02. Permit application/issuance. Sec. 174.03 . Exemptions. Sec. 174.04. Sign identification. Sec. 174.05 . Sign removal. Sec. 174.06. Noncommercial signs. Sec. 174.07. Placing signs on public and private property. Sec. 174.08. Prohibited signs. Sec. 174.09. Sign illumination. Sec. 174. 10. On-Site freestanding signs. Sec. 174. 11 . Projecting signs. Sec. 174. 12. Wall signs. Secs. 174. 13.-474.99. Reserved. CHAPTER 174. SIGNS. See. 174.01 . General regulations. contain or have attached thereto the following information: (A)Permit required. It shall be unlawful for any person to erect, repair, alter, relocate ( 1 ) Applicant identification. Name, or keep within the city any sign or other address and telephone number of the advertising structure except as exempted applicant. herein without first obtaining a sign permit from the Zoning and (2) Location. Location of building, Development Administrator or designee. structure, or lot to which or upon which the sign or other advertising (B) Illuminated signs. All illuminated signs structure is to be attached or erected. shall, in addition, be subject to the provisions of the electrical code, and the (3) Position. Position of the sign or other permit fees required thereunder. advertising structure in relation to nearby buildings or structures. (C) Fees. Every applicant, before being granted a permit hereunder, shall pay to (4) Blueprints/drawings. Two blueprints the Zoning and Development or ink drawings of the plans and Administrator's Office the permit fee set specifications and method of forth in Chapter 159. construction and attachment to the building or in the ground. (D) Maintenance of premises. All freestanding signs and the premises (5) Person erecting structure. Name of surrounding the same shall be person, firm, corporation, or maintained by the owner thereof in a association erecting structure. clean, sanitary, and inoffensive condition, and free and clear of all (6) Consent of owner. Written consent obnoxious substances, rubbish and of the owner of the building, weeds. structure, or land to which or on which the structure is to be erected. (Code 1965, §§ 17B-3(a), (c), (e), 4(b); Ord. No. 1893, 12- 19-72; Ord. No. 2198, 2- 17- (7) Electrical permit. Any electrical 76; Ord. No. 2790, 1 -18-82; Code 1991 , permit required and issued for said §§ 158.05, 158.20, 158.22, 158.24, 158.38; sign. Application requesting Ord. No.3925, §4, 10-3-95; Ord. No. 4100, electrical permit for proposed sign §2 (Ex. A), 6- 16-98) must accompany sign application. Sec. 174.02. Permit application/issuance. (8) Full Compliance With Applicable Code Provisions. If the proposed (A)Application. Applications for initial sign sign is subject to the provisions of permits shall be made upon forms the Commercial Design Standards provided by the Zoning and (§ 166. 14), Design Overlay District Development Administrator and shall (§ 161 .21 ), or other code provisions, CD174:2 TITLE XV. -UNIFIED DEVELOPMENT ORDINANCE the applicant must show full provisions of this chapter. The exemptions compliance with all applicable code shall apply to the requirement for sign provisions, including necessary permit only. No sign permit shall be approvals by responsible bodies such required for the erection of the following as the Planning Commission. signs: (B) Issuance of sign permit. It shall be the (A) Professional name plates. Professional duty of the Zoning and Development name plates erected flat on walls of Administrator or designee, upon the building and not exceeding four (4) filing of an application for an erection square feet of display surface area. permit, to examine such plans and specifications and other data and the (13) Building construction signs. One on-site premises upon which it is proposed to building construction sign on each erect the sign or other advertising construction site in any zoning district, structure, and if it shall appear that the provided that maximum display surface proposed structure and sign are in full area shall be eight (8) square feet or less compliance with all the requirements of in R zoning districts: 32 square feet or this chapter and all other laws and less in other zoning districts. ordinances of the city, he shall within five business days issue the sign permit. (C) Real estate signs. On a lot in any If the Zoning and Development district, there may be erected one on-site Administrator or designee fails to reject unanimated real estate sign while the lot a completed sign application (that is for sale. Provided further, such signs purports to show full compliance with all shall be limited to wall signs, code requirements) within two five freestanding signs or platform signs; and business days of its submission by freestanding signs or platform signs shall written explanation of why such be set back a minimum of 10 feet from application fails to meet all code the street. Real Estate signs shall be requirements, the sign application shall removed within 72 hours following the be deemed approved and a sign permit closing (sale) of the property on which it shall be immediately issued to the is located. The permitted illumination applicant. If the work authorized under and maximum display surface area for a an sign permit has not been completed real estate sign shall be as follows: within six (6) months after date of issuance, the said permit shall become District Permitted Area (Sq. null and void. Illumination Ft. RA Nonilluminated 32 (Ord. No. 1965, § 17B 3(b), (d); Ord. No. R, R-O Nonilluminated 8 1893, 12- 19-72; Ord. No. 2198, 2-17-76; P-1 , C and I Nonflashing 32 Code 1991 , §§ 158.21 ; 158.23; Ord. No. 4100, §2 (Ex. A), 6- 16-98) (D) Home occupation signs. Home Sec. 174.03. Exemptions. Exemptions shall occupation signs erected flat against the not be construed as relieving the owner of wall and not exceeding three (3) square such signs from the responsibility offeet. complying with certain applicable I) Memorial signs, name signs. Memorial signs or tables, names of buildings and CD174:3 0 0 date of erection when cut into any to provide accurate and convenient masonry surface or when constructed of information to observers without being bronze or other incombustible materials. considered to be in violation of 174.08 B. Fluctuating Illumination (F) Traffic signs, etc. Traffic or other municipal signs, legal notices, railroad (J) Banners. crossing signs, danger, and such temporary, emergency or nonadvertising (1 ) Public/private events. Banners shall signs as may be approved by the City be exempted when used in Council. conjunction with public and private events as follows: (G) Posting bills, repainting signs. Posting of bills on signs, repainting of signs, or (a) Election campaigns. Election the changing of letters or numbers on campaign banners when said banners signs designed for changeable lettering are not placed more than 10 days or numbering which were legally erected two weeks prior to and removed and maintained for such purposes. within 72 hours following the election to which the banner applies (H) Non-Commercial Signs. Non- or the final election that the Commercial signs that do not advertise a candidate is eligible to run for office product or service for profit or for a in that year, whichever is earlier. business purpose, do not propose a commercial transaction nor relate (b) Public events. Public event primarily to economic interests are banners when said banners are permitted to be placed on private not placed more than two weeks property in any zoned district subject to prior to and removed within 72 the following conditions: hours following the event to which the banner applies. ( 1 ) Districts where signs not otherwise permitted. In districts where signs (c) Private sales events. Banners are not otherwise permitted, one placed on private property for political non-commercial sign may advertising a special sales event be erected subject to the same are not placed more than two limitations of Real Estate signs. weeks prior to and be removed within 72 hours following the (2) Districts where signs are permitted. event to which the banner In districts where signs are otherwise applies. No more than two (2) permitted, non-commercial signs special sales events per business may be placed over or substituted for location may be advertised by the permitted commercial sign. banners during any one year period. (I) Time and temperature displays. Time and temperature displays without (2) Advertising. Banners bearing advertising matter, may change their advertising matter shall be illuminated time and temperature considered wall or freestanding displays as often as reasonably necessary signs, depending upon mounting and CD174:4 9 9 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE shall meet all regulations pertaining for charitable or nonprofit organizations thereto. containing no commercial advertising and located on private property in any C (K) Signs located in buildings. All signs or I zoning districts. located within a building that is not visible to the public outside said (0) Subdivision signs. In any district, one building. temporary subdivision identification sign indirectly illuminated, not to exceed 50 (L) Signs on windows. Signs painted on, square feet in area per surface may be or affixed to, glass surfaces of erected at any principal entrance to a windows or doors and pertaining to subdivision, provided that in no event the lawful business conducted shall such sign remain for more than six therein. No signs affixed to a (6) months within 50 feet of a dwelling window and visible outside shall in a R district occupied as a dwelling. flash or fluctuate illumination. (P) Freestanding bulletin boards. A (M)X'Directional identification and freestanding bulletin board shall be set informational signs. Directional, back a minimum of 15 feet from street identification, and informational right-of-way; and any bulletin board signs; provided such signs shall be having a display surface area in excess limited to wall and freestanding signs of 10 square feet shall be set back from with a maximum of four (4) square feet street right-of-way an additional one ( 1 ) of display surface area. Notwithstanding foot for each two (2) square feet of the restrictions on the location and display surface area in excess of 10 number of freestanding signs prescribed square feet. Bulletin boards may not be by § 174. 10., one freestanding sign not electronic message boards. exceeding four (4) square feet in display surface area shall be permitted at each (Q) Fuel price informational signs. In any entrance or exit on a lot or parcel to district, signs advertising the price of identify such entrance or exit and to motor vehicle fuel sold from a fuel pump encourage the use of motor vehicle located on the premises shall be seatbelts, subject to the followings permitted, subject to the following restrictions. conditions: ( 1 ) Traffic hazard. No such sign shall be (1 ) Price. Only one fuel price erected which would create a traffic informational sign shall be permitted hazard. per fuel pump. (2) Seat belt sign. Any words or symbols (2) Size. Fuel price informational signs encouraging the use of seatbelts shall shall be limited in size to an area of face the interior of the lot or parcel 216 square inches. on which the sign is located and shall not face the street. (3) Stationary. Each fuel price informational sign shall be affixed (N) Collection boxes. Collection boxes directly and firmly to a fuel pump and shall be stationary. CD174:5 (4) Other locations. Nothing herein shall conforming sign may be altered to advertise be construed as to prohibit the a new business to be in operation on the advertisement of fuel prices on any premises within 60 days. other sign meeting the requirements of this chapter. (Code 1965, § 17B-4A; Ord. No. 1893, 12- 19-72; Ord. No. 2934, 8-2-83 ; Ord. No. (5) Sign faces. Only one two-faced, or 2948, 9-20-83 ; Ord. No. 3298; 10-6-87; two one-faced, self service/full Code 1991 , § 158.35 ; Ord. No. 4100, §2 (Ex . service signs not exceeding four (4) A), 6- 16-98) square feet in display surface area shall be permitted at each pump Cross reference(s)--Enforcement, Ch. island. 153 . (R) Fences and scoreboards in city parks. Sec. 174.06. Noncommercial signs. Signs may be permitted on Anywhere a commercial sign is permitted by baseball/softball fences and scoreboards this code, a noncommercial sign may be in city parks as provided for in placed on or substituted for such sign. §97.088(B). (Code 1965, § 1713-5 ; Ord. No. 1893, 12- 19- (Code 1965, § 1713-6; Ord. No. 1893, 12- 19- 72; Ord. No. 2109, 6-3-75; Ord. No. 2255, 72; Ord. No. 3294, 9-15-87; Ord. No. 3307, 7-20-76; Code 1991 , § 158.07; Ord. No. 10-20-87; Ord. No. 3313, 11 -17-87; Code 4100, §2 (Ex. A), 6- 16-98) 1991 , § 158.08; Ord. No. 4100, §2 (Ex. A), 6- 16-98) Sec. 174.07. Placing signs on public and private property. Sec. 174.04. Sign identification. Every sign or other advertising structure hereafter (A) Placing signs on public property. permitted shall show the permit number on in a conspicuous place thereon which is (1 ) Agencies of government. No signs visible and readable from the ground. other than signs placed by agencies of government shall be erected on (Code 1965, § 1713-6; Ord. No. 1893, 12- 19- any public property; provided, 72; Ord. No. 3294, 9- 15-97; Ord. No. 3307, directional signs may be erected 10-20-87; Ord. No. 3313, 11 - 17-87; Code upon the city's street name signposts, 1991 , § 158.08; Ord. No. 4100, §2 (Ex. A), or upon traffic signposts under the 6- 16-98) following conditions: Sec. 174.05. Sign removal. In the event a (a) Public facility/ out-of-town business ceases operation for a period of patrons. The signs direct the time in excess of 60 days, the sign owner or reader to the location of a public lessee, or the property owner, shall facility attended principally by immediately remove any sign identifying or out-of-town patrons, to a facility advertising said business or any product sold operated by a nonprofit entity thereby; provided, however, this and attended principally by out- requirement shall not apply where under the of-town patrons, to a facility provisions of this chapter an existing relating to the public health, CD174:6 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE safety, or welfare, or to scenic or each sign shall not exceed six (6) historic trails; square feet; (b) Trak Division. The signs are (b) Number of signs. No more than fabricated, erected and three (3) signs directing the maintained by the city general public to such an event or Transportation Division; activity shall be placed on public property at the same time by one (c) Cost. The entire cost of the signs such organization; is home by the entity requesting the signs; (c) Organization name. Each such sign shall identify the nonprofit (d) Installation. The signs are organization by name; installed at locations where they would not constitute a traffic (d) Temporary sign. No such hazard. temporary sign shall be placed on public property for more than (e) Trak control devices. The signs five (5) successive days; conform to the manual on uniform traffic-control devices; (e) Location/approval. The location and of each such sign shall be approved by the Planning and (f) Directional signals. The Zoning Administration or maximum number of directional designee to ensure that the signs signs permitted under this section will not constitute a traffic shall be seven (7) for each entity; hazard; provided, the limitation provided hereby shall not apply to signs (f) Permit/number of signs. The directing the reader to scenic or organization applies for, and is historic trails. issued, a sign permit; one permit may authorize installation of up (2) Nonprofit organizations. Nonprofit to three (3) signs pursuant to the organizations shall be allowed to provisions of this division; and place temporary signs of a noncommercial nature on public (g) Temporary signs. No such property for the purpose of directing organization shall install, or be the general public to the location of issued a permit to install a an event or activity which promotes temporary sign on public the general public welfare. The property pursuant to the placement of such temporary signs provisions of this division more shall be subject to the following often than six (6) times within a conditions: 12-month period. (a) Display surface area. The (B) Placing signs on private property. No maximum display surface area of signs shall be placed on any private CD174:7 0 0 property without the consent of the owner thereof (C) Portable swinger or temporary attraction sign boards. It shall be (C) Placing signs on trees or rocks. No unlawful for any person to continue to signs shall be placed or painted on any display or erect any portable swinger, tree or rock. "A" frame, sandwich, or temporary attraction sign board in the city. (D)Placing signs on utility poles. No signs shall be placed on any utility pole except (D) Revolving, rotating, or moving signs. It for utility identification or similar shall be unlawful for any person to erect purposes. or to continue using any si4Ne exterior of which revolves, rotates or otherwise (Code 1965, § 17B-7(c); Ord. No. 1893, 12- moves, in whole or part. 19-72; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83 ; Ord. No. 3298, 10-6-87; (E) Windblown signs. It shall be unlawful Code 1991 , § 159.37; Ord. No. 3677, § 1 , 3- for any person to display any windblown 2-93 ; Ord. No. 4100, §2 (Ex. A), 6-16-98) sign; provided, windblown signs may be displayed on a lot, at a shopping center, Sec. 174.08. Prohibited signs. or at a mall one time per year for a period not to exceed 72 hours if a (A) Spot lights and beacons. It shall be temporary sign permit is first obtained unlawful for any person to continue in from the Planning Division upon operation or erect any attraction device payment of the appropriate fee; provided or sign which contains a beacon of any further, one company flag shall be type and/or contains a spot light permitted on a lot, at a shopping center, providing direct illumination to the or mall. public. (F) Signs that constitute a traffic hazard. (B) Fluctuating illumination. It shall be No sign or other advertising structure as unlawful for any person to erect regulated by this chapter shall be erected additional attraction devices or signs or at the intersection of any street in such a to continue in operation an attraction manner as to obstruct free and clear device or sign which flashes, blinks, or vision; or at any location where, by is animated. Illumination of attraction reason of the wording, position, shape, devices or signs located in the city that or color, it may interfere with, obstruct fluctuates in light intensity shall be the view of or be confused with any prohibited. Electronic message boards authorized traffic sign, signal or device. using flashing, intermittent or moving light or lights are prohibited, provided, (G) Use of vehicle as sign. It shall be however, that electronic message boards unlawful to use a vehicle or a trailer as a displaying only time and/or temperature sign in circumvention of this chapter. for periods of not less than 30 seconds are permitted. Electronic message (H) Off-Site Signs. It shall be unlawful to boards may change their message every erect any off-site sign. three hours without violating the prohibition of flashing or blinking. CD174:8 0 0 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE (1) Roof Signs. Roof signs shall not be (2) Display surface area. Display permitted. surface area shall not exceed 16 square feet. Cross reference(s)—Variance, Ch. 156, Appeals, Ch. 155 . (3) Illumination. Sign may be illuminated by indirect (Code 1965, § 1713-7(b), (e)--(k); 1713-8; illumination only. Ord. No. 1893, 12- 19-72; Ord. No. 2934, 8- 2-83 ; Ord. No. 2948, 9-20-83 ; Ord. No. (4) Setback from right-of-way. Sign 3298, 10-6-87; Code 1991 , § 158.38, 158.36, shall be setback 35 feet from 158-39- 158.46; Ord. No. 4100, § 2 (Ex. A), existing street right-of-way and 6- 16-98) 25 feet from any R or R-O District. Sec. 174.09. Sign illumination. Direct illumination by incandescent light bulbs (B) RSF and RT Districts. Except pursuant shall be restricted to light bulbs rated at 25 to § 174.03 (c), (H) and (P). watts or less. Freestanding signs shall be prohibited and no freestanding signs shall be (Code 1965, § 1713-7(d); Ord. No. 1893, 12- erected in RSF and RT District of the 19-72; Ord. No. 2934, 8-2-83; Ord. No. city. One freestanding bulletin board per 2948, 9-20-83 ; Ord. No. 3298, 10-6-87; lot shall be permitted, subject to the Code 1991 , § 158.38; Ord. No. 4100, §2 (Ex. restrictions on bulletin boards prescribed A), 6- 16-98) by § 174.03 (P), Sec. 174.10. On-Site freestanding signs. It (C) R-0 and RMF Districts. One shall be unlawful to erect any freestanding freestanding signs shall be permitted on sign which total height is greater than 30 a lot or parcel zoned RMF or R-0 feet above the level of the street upon which subject to the following restrictions: the sign faces. For any sign located closer to street right-of-way than 40 feet, the ( 1 ) Display surface area. The maximum maximum height shall be reduced one-half display surface area shall not exceed ( 1/2) foot for each foot of setback less than four (4) square feet; 40 feet. On-Site Freestanding signs shall be permitted to be erected in the city subject to (2) Setback from right-of-way. The sign the following: shall be setback a minimum of 15 feet from street right-of-way. (A)R-A District. (3) Height. The height of the sign shall ( 1 ) Number of signs. Only one on- not be greater than six (6) feet above site freestanding sign shall be the level of the street upon which the permitted on a lot or at a business sign faces. operating on two or more adjoining lots. (4) Setback from R District. The sign shall be setback a minimum of 25 feet from the boundary of any R District. CD174:9 (3 )Joint identification sign. The display (5) Adjoining property. The sign shall be surface area of joint identification erected a minimum of 10 feet from signs may be increased to one square adjoining property. foot per 500 square feet of gross leaseable building area over 37,500 (6) Illumination. The sign shall be square feet located, as approved by illuminated by indirect illumination the Planning Division, at no more only. than two (2) remote entrance (D) C Districts. locations. The permit applicant shall provide a recorded legal document as ( 1 ) Number of signs. Only one on-site approved by the Planning Division freestanding signs shall be permitted indicating ownership and on a lot, at a shopping center, or at a responsibility for maintenance of mall; provided only one on-site sign and subject to the following: freestanding sign shall be permitted for any business operating on two or (a) R Districts. Prohibited. more adjoining lots. (b) R-O District. Monument sign (2) Freestanding signs. Freestanding permitted with a maximum signs shall be subject to the display surface area of 32 square following: feet. (a) Display surface area. Display (c) C and I Districts. Display surface area shall not exceed 10 surface shall not exceed 300 square feet; provided, the display square feet. surface area may be increased two (2) square feet for each one (d) Joint identification sign display. (1 ) foot the sign is setback from A freestanding sign or monument street right-of-way beyond 15 sign greater than 32 square feet feet, provided further, the for a person or business with maximum display surface area display on a joint identification for a sign which is setback from sign shall not be allowed. street right-of-way 40 feet or more shall be 75 square feet. (E) I Districts. (b) Setback from right-of-way. (1 ) Number of signs. Only one on-site Setback shall be a minimum of freestanding sign shall be permitted 15 feet from street right-of-way,. on a lot, at a shopping center, or at a provided, an on-site freestanding, mall; provided only one on-site freestanding sign shall be permitted (c) Setback from adjoining property. for any business operating on two or Setback shall be a minimum of more adjoining lots. 25 feet from the boundary of any adjoining property. (2) Freestanding signs. Freestanding signs shall be subject to the following: CD174:10 0 0 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE (a) Display surface area. Display (2) Display surface area. surface area shall not exceed 10 (a) A, P, R, and R-O Districts. square feet; provided, the display Display area shall not exceed 32 surface area may be increased square feet. two square feet for each one foot the sign is setback from street (b) C and I Districts. Display area right-of-way beyond 15 feet; shall not exceed 75 square feet. provided further, the maximum display surface area for a sign (H)Monument signs. A monument sign which setback from street right- shall be setback a minimum of 10 feet of-way 40 feet or more shall be from the street right-of-way and may be 75 square feet. substituted for a freestanding sign permitted by § 174. 10., provided the (b) Setback from right-of-way. display surface area meets the following: Setback shall be a minimum of 15 feet from street right-of-way. ( 1 ) RSF Districts. Prohibited on individual lots. (c) Setback from Adjoining property. Setback shall be a (2) A and P Districts. The display minimum of 25 feet from the surface area shall not exceed 32 boundary of any adjoining square feet. property. (3) RMF, RT and R-O Districts. The (F) P Districts. One Freestanding signs sign display surface shall not exceed 16 or bulletin board may be erected. square feet. (G) Area signs. (4) C and I Districts. The display surface area shall not exceed the ( 1 ) Size/location. The size and location maximum permitted by § 174. 10. of the fence, wall, or other structure which will contain the area (Code 1965, § 17B-9; Ord. No. 1893 , 12- 19- identification sign must be approved 72; Ord. No. 3008, 5- 1 -84; Ord. No. 3029, by the Planning Division, who will 8-21 -84; Ord. No. 3294, 9- 15-87; Code approve such structure upon the 1991 , § 158.47; Ord. No. 4100, §2 (Ex. A), criterion of traffic safety sight lines. 6- 16-98); Ord. No. 4226, 2- 15-00) (a) Areas with more than one Sec. 174.11 . Projecting signs. entrance may not have a sign at more than two locations. (A) Sidewalks. It shall be unlawful to erect any projecting sign that projects from the (b) An area sign with display on one wall of a building upon which it is side located on each side of an erected a distance of more than two- entrance street may be thirds of the width of the sidewalk (in substituted for a single sign with those instances where there is a sidewalk display on both sides. next to the building) or within two feet CD174:11 S of street right-of-way (in those instances where there is no sidewalk next to the building); provided, no projecting sign shall project more than six (6) feet from the wall of the building upon which it is erected. (B)Location. Projecting signs shall be located on the vertical surface of a building and shall not be higher than the eave or rafter line, whichever is higher. Projecting signs shall clear grade level below the sign by a minimum of eight (8) feet. (C)Displaying surface area. The display surface area of a projecting sign shall not exceed 16 square feet. Only one (1) projecting sign per business shall be permitted and a projecting sign shall not be permitted on property which has a freestanding sign. (D)Off-site. Off -site projecting signs shall be prohibited in all zoning districts. (E) On -site. On -site projecting signs shall be prohibited in R -A, RSF, RI and RO zoning districts. (Code 1965, §17B-10; Ord. No. 1893, 12- 19-72; Ord. No. 2255, 7-20-76; Code 1991, §158.48; Ord. No. 4100, §2 (Ex. A.), 6-16- 98) Sec. 174.12. Wall signs. (A) Projection. (1) General. Wall signs shall not project more than 18 inches from the surface upon which they are mounted. (2) Mansard roof The upper edge of a wall sign mounted on a mansard roof may project more than 18 inches so long as the sign is perpendicular to ice the ground. (B) umber of signs. (1) Single tenant. Where a building houses only one business, a maximum of four (4) wall signs may be placed on one wall, but no more than four (4) wall signs may be placed on the building. (2) Multiple tenants. Where a building houses more than one (1) business, wall signs shall be limited in number to one (1) wall sign per business on each wall with a limit of four (4) wall signs per business per building. (C) Display surface area. (1) All signs. The display surface area of all wall signs on any one wall shall not exceed 150 square feet or 20% of the area of the wall on which they are located, whichever is greater. (2) Multiple tenants. In the event a building which houses multiple tenants does not front on the street or highway from which principal access to the building is obtained, the display surface area of each sign on a wall shall not exceed 150 square feet or 20% of the area of the wall and the display surface area of all wall signs on the wall facing said street or highway shall not exceed the area of the wall. (D)Off-site wall signs. Off -site wall signs shall be prohibited in all zoning districts. • (E) Limitations in residential zoning districts. In R and R -O zoning districts, the following limitations shall apply: CD174:12 0 • TITLE XV. UNIFIED DEVELOPMENT ORDINANCE (1) Number of signs. Limit of one on - site wall sign per business per building; provided, when a building abuts more than one street, the limit shall be one on -site wall sign per business per building for each wall which faces an abutting street. (2) Display surface area. Display surfaces shall not exceed 16 square feet. (Code 1965, §17B-11; Ord. No. 1893, 12- 19-72; Ord. No. 2309, 2-15-77; Ord. No. 3217, 10-21-86; Ord. No. 3294, 9-15-87; Code 1991, §158.49; Ord. No. 4100, §2 (Ex. A), 6-16-98) Cross reference(s)--Boards and Commissions, Ch. 33, General Provisions, Ch. 150; Definitions, Ch. 151; Enforcement, Ch. 153; Appeals, Ch. 155; Variances, Ch. 156; Fees, Ch. 159. (Ord. No. 4226, 2-15-00) Secs. 174.13.-174.99. Reserved. CD174:13 NAME OF FILE: Ordinance No. 4500 CROSS REFERENCE: Item # Date Document 1 07/01/03 Staff Review Form w/attachments draft ordinance memo to Mayor/City Council, Tim conklin, Dawn Warrick copy of draft Ex. A copy of memo to Conklin & Warrick Fire Marshal's memo to planning division memo to Hoyt, Bosch, Boettcher, Casey, & Libertini Close up View One Mile View copy of minutes re: RZN 03-21.00 2 07/05/03 Affidavit of Publication 3 07/08/03 memo to David Whitaker NOTES: CITY AT ORNEY AGENDA REQUESTRORM FOR: COUNCIL MEETING OF July 1, 2003 FROM: Assistant City Attorney David J. Whitaker ORDINANCE OR RESOLUTION TITLE AND SUBJECT: 7/I /a3 j t/e X An Ordinance Amending Title XV: Unified Development Code Chapter 174: Signs, Of The Code Of Fayetteville, To Provide Amendments To And Clarification Of Various Provisions To Conform With The Judgment And Memorandum Opinion Of The United States District Court For The Western District Of Arkansas Issued In LaTour v. City Of Fayetteville And Declaring An Emergency APPROVED FOR AGENDA: City Attorney Mayor V�Gc Date L ORDINANCE NO. AN ORDINANCE AMENDING TITLE XV: UNIFIED DEVELOPMENT CODE, CHAPTER 174: SIGNS, OF THE CODE OF FAYETTEVILLE, TO PROVIDE AMENDMENTS TO AND CLARIFICATION OF VARIOUS PROVISIONS TO CONFORM WITH THE JUDGMENT AND MEMORANDUM OPINION OF THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS ISSUED IN LA TOUR v. CITY OF FAYETTEVILLE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That Chapter 174: Signs, Unified Development Code, Code of Fayetteville is hereby repealed, and Exhibit "A" attached hereto and made a part hereof, is inserted in its stead. Section 2. Emergency Clause. That the City Council of the City of Fayetteville, Arkansas, having found that the United States District Court Judgment and Memorandum Opinion require the immediate amendment of those sections of Chapter 174 found to be constitutionally deficient, hereby declares this ordinance to be necessary for traffic safety and protection l m visual clutter, and as such, an emergency is hereby declared to<ezist nd his ordinance shall be in full force and effect from the date of'•''t� pas age and approval. /rr'" J , PASSED and APPROVED this 92 Clerk of July, 1200 3. ,, )VED: , Mayor U KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, S. CITY ATTORNEY LEGAL DEPARTMENT TO: Dan Coody, Mayor City Council Tim Conklin, Community Planning & Engineering Services Director Dawn Warrick, Zoning & Development Administrator FROM: Kit Williams, City Attorney DATE: June 20, 2003 RE: Judge Hendren's Memorandum Opinion in John LaTour case involving the City's Sign Ordinance Federal District Judge Hendren issued a memorandum opinion late Thursday, July 19, 2003 which we received about noon today concerning the challenge to the Fayetteville Sign Ordinance. Judge Hendren rejected Plaintiff LaTour's argument that his message board sign should be able to flash since the ordinance allows time and temperature signs to flash. Earlier Judge Hendren had rejected all of LaTour's demands for Ten Million Dollars in punitive damages against the City and several officials (including myself and the City Prosecutors for enforcing the ordinance). Judge Hendren did find the city's sign ordinance lacking in a couple of areas. The sign ordinance now states that after a proper and complete sign application has been submitted to the inspector, "he shall then issue the erection permit." §174.02 B. The City has never delayed issuing such permit to my knowledge, and I believed "then" meant immediately. However, this is not crystal clear and in the changing constitutional area of First Amendments and signs, the Courts demand absolute clarity when it comes to potential discriminatory delays. Back in May, I redrafted our Sign Ordinance to try to bring it up to the current constitutional standards. I have already met with Tim Conklin, Dawn Warrick, Steve Cattaneo, Hugh Earnest and others for first review of my proposed changes. I wanted to wait until Judge Hendren had ruled on our sign ordinance to ensure we would fix every possible constitutional weakness of our ordinance. Attached is my draft revised ordinance that I believe addresses all of the constitutional concerns and weaknesses discussed in the Judge's Memorandum Opinion which is also enclosed. Also enclosed is my memo of May 16, 2003 discussing my proposed changes and the reasons for each change. You will note that even some provisions which the Court determined passed constitutional muster have been rewritten to add more clarity and protect against constitutional challenges in the future. Besides the lack of a specific time frame when a sign application must be issued, the other major problem was that certain commercial signs (professional nameplates, building construction signs, home occupation signs, memorial signs and building name signs, direction identification and informational signs, subdivision signs and fuel price informational signs) would be allowed when other non-commercial signs (religious, political, etc.) would not be allowed. My proposed updated sign ordinance addresses and I think cures that problem (favoring commercial signs over non-commercial signs) by new §174.06 Non- commercial signs. "Anywhere a commercial sign is permitted by this code, a noncommercial sign may be placed on or substituted for such sign." (This is the language suggested at the International Municipal Lawyer's Association Seminar I attended in April.) The only provision that I have left in the proposed ordinance that might need to be removed after examining Judge Hendren's Opinion is §174.01 (C) (Fees.). The sections dealing with issuance of the permit and sign identification should be constitutional again once we have addressed the time limit within which the permit must be issued or rejected in writing after receipt of the completed application. It may be preferable to just eliminate our current minor separate fee in this constitutionally protected area. Judge Hendren ends his Opinion by rejecting Mr. LaTour's argument that the sign ordinance was unconstitutional as applied to him. He states: "This is not a constitutionally impermissible regulation. The City has a legitimate interest in controlling the non - communicative aspects of the medium of speech, as opposed to its communication aspects." Judge Hendren noted that there "is no evidence of intentional or arbitrary discrimination. The City has advanced rational bases for the distinction between time and temperature signs and other flashing or blinking signs. Plaintiff's Equal Protection challenge to the Sign Ordinance therefore fails." In sum, the City must now rapidly study, consider and adopt changes to its Sign Ordinance to correct the constitutional problems determined by Judge Hendren. I will be out of state for the next two weeks on vacation in Idaho. I hope the City Council will carefully consider my proposed amendments to the sign ordinance so that the revised Sign Ordinance can be approved on July 15th. /J1� �iA.ad Unc��.�.d mud Cede CliapXr.� i7�: TITLE XV. UNIFIED DEVELOPMENT ORDINANCE , Chapter 174. Signs. Sec. 174.01. General regulations. Sec. 174.02.• Permit application/issuance. Sec. 174.03. Exemptions. Sec. 174.04. Sign identification. Sec. 174.05. Sign removal. Sec. 174.06. Noncommercial signs. Sec. 174.07. Placing signs on public and private property. Sec. 174.08. Prohibited signs. Sec. 174.09. Sign illumination. Sec. 174.10. On -Site freestanding signs. Sec. 174.11. Projecting signs. Sec. 174.12. Wall signs. Secs. 174..13.--174.99. Reserved. CHAPTER 174. SIGNS. Sec. 174.01. General regulations. (A) Permit required. It shall be unlawful for any person to erect, repair, alter, relocate or keep within the city any sign or other • advertising structure except as exempted herein without first obtaining a sign permit from the Zoning and Development Administrator or designee. (B) Illuminated signs. All illuminated signs shall, in addition, be subject to the provisions of the electrical code, and the permit fees required thereunder. (C) Fees. Every applicant, before being granted a permit hereunder, shall pay to the Zoning and Development Administrator's Office the permit fee set forth in Chapter 159. (D)Maintenance of premises. All freestanding 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. (Code 1965, §§17B -3(a), (c), (e), 4(b); Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-17- 76; Ord. No. 2790, 1-18-82; Code 1991, §§158.05, 158.20, 158.22, 158.24, 158.38; Ord. No.3925, §4, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 174.02. Permit application/issuance. (A) Application. Applications for initial sign permits shall be made upon forms provided by the Zoning and Development Administrator and shall contain or have attached thereto the following information: (1) Applicant identification. Name, address and telephone number of the applicant. (2) Location. 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. Position of the sign or other advertising structure in relation to nearby buildings or structures. (4) Blueprints/drawings. Two blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or in the ground. (5) Person erecting structure. Name of person, firm, corporation, or association erecting structure. (6) Consent of owner. Written consent of the owner of the building, structure, or land to which or on which the structure is to be erected. (7) Electrical permit. Any electrical permit required and issued for said sign. Application requesting electrical permit for proposed sign must accompany sign application. (8) Full Compliance With Applicable Code Provisions. If the proposed sign is subject to the provisions of the Commercial Design Standards (166.14), Design Overlay District (§161.21), or other code provisions, CD 174:2 i • TITLE XV. UNIFIED DEVELOPMENT ORDINANCE the applicant must show full compliance with all applicable code provisions, including necessary approvals by responsible bodies such as the Planning Commission. (B) Issuance of sign permit. It shall be the duty of the Zoning and Development Administrator or designee, 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 and sign are in full compliance with all the requirements of this chapter and all other laws and ordinances of the city, he shall within five, business days issue the sign permit. If the Zoning and Development Administrator or designee fails to reject a completed sign application (that purports to show full compliance with all code requirements) within two five business days of its submission by written explanation of why such application fails to meet all code requirements, the sign application shall be deemed approved and 'a sign permit shall be immediately issued to the applicant. If the work authorized under an sign permit has not been completed within six (6) months after date of issuance, the said permit shall become null and void. (Ord. No. 1965, §17B 3(b), (d); Ord. No. 1893, 12-19-72; Ord. No. 2198, 2-17-76; Code 1991, §§158.21; 158.23; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 174.03. Exemptions. Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with certain applicable provisions of this chapter. The exemptions shall apply to the requirement for sign permit only. No sign permit shall be required for the erection of the following signs: (A)Professional name plates. 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 maximum display surface area shall be eight (8) square feet or less in R zoning districts: 32 square feet or less in other zoning districts. (C) Real estate signs. On a lot in any district, there may be erected one on -site unanimated real estate sign while the lot is for sale. Provided further, such signs shall be limited to wall signs, freestanding signs or platform signs; and freestanding signs or platform signs shall be set back a minimum of 10 feet from the street. Real Estate signs shall be removed within 72 hours following the closing (sale) of the property on which it is located. The permitted illumination and maximum display surface area for a real estate sign shall be as follows: District Permitted Illumination Area (Sq. Ft.) RA Nonilluminated 32 R, R -O Nonilluminated 8 P-1, C and I Nonflashing 32 (D)Home occupation signs. . Home occupation signs erected flat against the wall and not exceeding three (3) square feet. (E) Memorial signs, name signs. Memorial signs or tables, names of buildings and CD174:3 • date of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials. (F) Traffic signs, etc. Traffic or other municipal signs, legal notices, railroad crossing signs, danger, and such temporary, emergency or nonadvertising signs as may be approved by the City Council. (G)Posting bills, repainting signs. 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. (H)Non-Commercial ' Signs. Non - Commercial signs that do not advertise a product or service for profit or for a business purpose, do not propose a commercial transaction nor relate primarily to economic interests are permitted to be placed on private property in any zoned district subject to the following conditions: (1) Districts where signs not otherwise permitted. In districts where signs are not otherwise permitted, one political non-commercial sign may be erected subject tothe same limitations of Real Estate signs. (2) Districts where signs are permitted. In districts where signs are otherwise permitted, non-commercial signs may be placed over or substituted for the permitted commercial sign. (I) Time and temperature displays. Time and temperature displays without advertising matter, may change their illuminated time and temperature displays as often as reasonably necessary to provide accurate and convenient information to observers without being considered to be in violation of 174.08 B. Fluctuating Illumination (J) Banners. (1) Public/private events. Banners shall be exempted when used in conjunction with public and private events as follows: (a) Election campaigns. Election campaign banners when said banners • are not placed more than 10 days two weeks prior to and removed within 72 hours following the election to which the banner applies or the final election that the candidate is eligible to run for office in that year, whichever is earlier. (b) Public events. Public event banners when said banners are not placed more than two weeks prior to and removed within 72 hours following the event to which the banner applies. (c) Private sales events. Banners placed on private property for advertising a special sales event are not placed more than two weeks prior to and be removed within 72 hours following the event to which the banner applies. No more than two (2) special sales events per business location may be advertised by banners during any one year period. (2) Advertising. Banners bearing advertising matter shall be considered wall or freestanding signs, depending upon mounting and CD174:4 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE shall meet all regulations pertaining thereto. (K) Signs located in buildings. All signs located within a building that is not visible to the public outside said building. (L) Signs on windows. Signs painted on, or affixed to, glass surfaces of windows or doors and pertaining to the lawful business conducted therein. No signs affixed to a window and visible outside shall flash or fluctuate illumination. (M)) Directional identification and informational signs. Directional, identification, and informational signs; provided such signs shall be limited to wall and freestanding signs with a maximum of four (4) square feet of display surface area. Notwithstanding the restrictions on the location and number of freestanding signs prescribed by §174.10., one freestanding sign not exceeding four (4) square feet in display surface area shall be permitted at each entrance or exit on a lot or parcel to identify such entrance or exit and to encourage the use of motor vehicle seatbelts, subject to the followings restrictions. (1) Traffic hazard. No such sign shall be erected which would create a traffic hazard. (2) Seat belt sign. Any words or symbols encouraging the use of seatbelts shall face the interior of the lot or parcel on which the sign is located and shall not face the street. (N) Collection boxes. Collection boxes CD174:5 for charitable or nonprofit organizations containing no commercial advertising and located on private property in any C or I zoning districts. (O) Subdivision signs. In any district, one temporary subdivision identification sign indirectly illuminated, not to exceed 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 (6) months within 50 feet of a dwelling in a R district occupied as a dwelling. (P) Freestanding bulletin boards. A freestanding bulletin board shall be set back a minimum of 15 feet from street right-of-way; and any bulletin board having a display surface area in excess of 10 square feet shall be set back from street right-of-way an additional one (1) foot for each two (2) square feet of display surface area in excess of 10 square feet. Bulletin boards may not be electronic message boards. (Q)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) Price. Only one fuel price informational sign shall be permitted per fuel pump. (2) Size. Fuel price informational signs shall be limited in size to an area of 216 square inches. (3) Stationary. Each fuel price informational sign shall be affixed directly and firmly to a fuel pump and shall be stationary. L (4) Other locations. Nothing herein shall be construed as to prohibit the advertisement of fuel prices on any other sign meeting the requirements of this chapter. (5) Sign faces. Only one two-faced, or two one -faced, self service/full service signs not exceeding four (4) square feet in display surface area shall be permitted at each pump island. (R) Fences and scoreboards in city parks. Signs may be permitted on baseball/softball fences and scoreboards in city parks as provided for in §97.088(B). (Code 1965, §17B-6; Ord. No. 1893, 12-19- 72; Ord. No. 3294, 9-15-87; Ord. No. 3307, 10-20-87; Ord. No. 3313, 11-17-87; Code 1991, §158.08; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 174.04. Sign identification. Every sign or other advertising structure hereafter permitted shall show the permit number on in a conspicuous place thereon which is visible and readable from the ground (Code 1965, §17B-6; Ord. No. 1893, 12-19- 72; Ord. No. 3294, 9-15-97; Ord. No. 3307, 10-20-87; Ord. No. 3313, 11-17-87; Code 1991, §158.08; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 174.05. Sign removal. In the event a business ceases operation for a period of time in excess of 60 days, the sign owner or lessee, or the property owner, shall immediately remove any sign identifying or advertising said business or any product sold thereby; provided, however, this requirement shall not apply where under the provisions of this chapter an existing conforming sign may be altered to advertise a new business to be in operation on the premises within 60 days. (Code 1965, §17B -4A; Ord. No. 1893, 12- 19-72; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3298; 10-6-87; Code 1991, §158.35; Ord. No. 4100, §2 (Ex. A), 6-16-98) Cross reference(s)--Enforcement, Ch. 153. Sec. 174.06. Noncommercial signs. Anywhere a commercial sign is permitted by this code, a noncommercial sign may be placed on or substituted for such sign. (Code 1965, §17B-5; Ord. No. 1893, 12-19- 72; Ord. No. 2109, 6-3-75; Ord. No. 2255, 7-20-76; Code 1991, §158.07; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 174.07. Placing signs on public and private property. (A) Placing signs on public property. (1) Agencies of government. No signs other than signs placed by agencies of government shall be erected on any public property; provided, directional signs may be erected upon the city's street name signposts, or upon traffic signposts under the following conditions: (a) Public facility/ out-of-town patrons. The signs direct the reader to the location of a public facility attended principally by out-of-town patrons, to a facility• operated by a nonprofit entity and attended principally by out- of-town patrons, to a facility relating to the public health, CD174:6 • 0 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE safety, or welfare, or to scenic or historic trails; (b) Traffic Division. The signs are fabricated, erected and maintained by the city Transportation Division; (c) Cost. The entire cost of the signs is bore by the entity requesting the signs; (d) Installation. The signs are installed at locations where they would not constitute a traffic hazard. (e) Traffic control devices. The signs conform to the manual on uniform traffic -control devices; and (f) Directional signals. The maximum number of directional signs permitted under this section shall be seven (7) for each entity; provided, the limitation provided hereby shall not apply to signs directing the reader to scenic or historic trails. (2) Nonprofit organizations. Nonprofit organizations shall be allowed to place temporary signs of a noncommercial nature on public property for the purpose of directing the general public to the location of an event or activity which promotes the general public welfare. The placement of such temporary signs shall be subject to the following conditions: (a) Display surface area. The maximum display surface area of each sign shall not exceed six (6) square feet; (b) Number of signs. No more than three (3) signs directing the general public to such an event or activity shall be placed on public property at the same time by one such organization; (c) Organization name. Each such sign shall identify the nonprofit organization by name; (d) Temporary. sign. No such temporary sign shall be placed on public property for more than five (5) successive days; (e) Location/approval. The location of each such sign shall be approved by the Planning and Zoning Administration or designee to ensure that the signs will not constitute a traffic hazard; (f) Permit/number of signs. The organization applies for, and is issued, a sign permit; one permit may authorize installation of up • to three (3) signs pursuant to the provisions of this division; and (g) Temporary signs. organization shall issued a permit temporary sign property pursue provisions of this often than six (6) 12 -month period. No such install, or be to install a on public nt to the division more times within a (B) Placing signs on private property. No signs shall be placed on any private CD174:7 property without the consent of the owner thereof. (C) Placing signs on trees or rocks. No signs shall be placed or painted on any tree or rock. (D) Placing signs on utility poles. No signs shall be placed on any utility pole except for utility identification or similar purposes. (Code 1965, § 17B -7(c); Ord. No. 1893, 12- 19-72; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3298, 10-6-87; Code 1991, §159.37; Ord. No. 3677, §1, 3- 2-93; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 174.08. Prohibited signs. (A)Spot lights and beacons. 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. (B) Fluctuating illumination. 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. Electronic message boards using flashing, intemuttent or moving light or lights are prohibited, provided, however, that electronic message boards displaying only time and/or temperature for periods of not less than 30 seconds are permitted. Electronic message boards may change their message every three hours without violating the prohibition of flashing or blinking. (C) Portable swinger or temporary attraction sign boards. 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. (D) Revolving, rotating, or moving signs. It shall be unlawful for any person to erect or to continue using any sign the exterior of which revolves, rotates or otherwise moves, in whole or part. (E) Windblown signs. It shall be unlawful for any person to display any windblown sign; provided, windblown signs may be displayed on a lot, at a shopping center, or at a mall one time per year for a period not to exceed 72 hours if a temporary sign permit is first obtained from the Planning Division upon payment of the appropriate fee; provided further, one company flag shall be permitted on a lot, at a shopping center, or mall. (F) Signs that constitute a traffic hazard. No sign or other advertising structure as regulated by this chapter shall be erected 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 wording position, shape, or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device. (G) Use of vehicle as sign. It shall be unlawful to use a vehicle or a trailer as a sign in circumvention of this chapter. (H) Off -Site Signs. It shall be unlawful to erect any off -site sign. CD174:8 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE (1) Roof Signs. Roof signs shall not be permitted. Cross reference(s)—Variance, Ch. 156, Appeals, Ch. 155. (Code 1965, §17B -7(b), (e) --(k); 17B-8; Ord. No. 1893, 12-19-72; Ord. No. 2934, 8- 2-83; . Ord. No. 2948, 9-20-83; Ord. No. 3298, 10-6-87; Code 1991, §158.38, 158.36, 158-39-158.46; Ord. No. 4100, § 2 (Ex. A), 6-16-98) Sec. 174.09. Sign illumination. Direct illumination by incandescent light bulbs shall be restricted to light bulbs rated at 25 watts or less. (Code 1965, §17B -7(d); Ord. No. 1893, 12- 19-72; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3298, 10-6-87; Code 1991, §158.38; Ord. No. 4100, §2 (Ex. A), 6-16-98) Sec. 174.10. On -Site freestanding signs. It shall be unlawful to erect any freestanding sign which total height is greater than 30 feet above the level of the street upon which the sign faces. For any sign located closer to street right-of-way than 40 feet, the maximum height shall be reduced one-half (1/2) foot for each foot of setback less than 40 feet. On -Site Freestanding signs shall be permitted to be erected in the city subject to the following: (A) R -A District. (1) Number of signs. Only one on - site freestanding sign shall be permitted on a lot or at a business operating on two or more adjoining lots. CD174:9 (2) Display surface area. Display surface area shall not exceed 16 square feet. (3) illumination. Sign may be illuminated by indirect illumination only. (4) Setback from right-of-way. Sign shall be setback 35 feet from existing street right-of-way and 25 feet from any R or R -O District. (B) RSF and RT Districts. Except pursuant to §174.03 (c), (H) and (P). Freestanding signs shall be prohibited and no freestanding signs shall be erected in RSF and RT District of the city. One freestanding bulletin board per lot shall be permitted, subject to the restrictions on bulletin boards prescribed by § 174.03 (P) (C) R -O and RMF Districts. One freestanding signs shall be permitted on a lot or parcel zoned RMF or R -O subject to the following restrictions: (1) Display surface area. The maximum display surface area shall not exceed four (4) square feet; (2) Setback from right-of-way. The sign shall be setback a minimum of 15 feet from street right-of-way. (3) Height. The height of the sign shall not be greater than six (6) feet above the level of the street upon which the sign faces. (4) Setback from R District. The sign shall be setback a minimum of 25 feet from the boundary of any R District. (5) Adjoining property. The sign shall be erected a minimum of 10 feet from adjoining property. (6) Illumination. The sign shall be illuminated by indirect illumination only. (D) C Districts. (1) Number of signs. Only one on -site freestanding signs shall be permitted on a lot, at a shopping center, or at a mall; provided only one on -site freestanding sign shall be permitted for any business operating on two or more adjoining lots. (2) Freestanding' signs. Freestanding signs shall be subject to the following: (a) Display surface area. Display surface area shall not exceed 10 square feet; provided, the display surface area may be increased two (2) square feet for each one (1) foot the sign is setback from street right-of-way beyond 15 feet, provided further, the maximum display surface area for a sign which is setback from street right-of-way 40 feet or more shall be 75 square feet. (b) Setback from right-of-way. Setback shall be a minimum of 15 feet from street right-of-way. provided, an on -site freestanding (c) Setback from adjoining property. Setback shall be a minimum of 25 feet from the boundary of any adjoining property. (3 )Joint identification sign. The display surface area of joint identification signs may be increased to one square foot per 500 square feet of gross leaseable building area over 37,500 square feet located, as approved by the Planning Division, at no more than two (2) remote entrance locations. The permit applicant shall provide a recorded legal document as approved by the Planning Division indicating ownership and responsibility for maintenance of sign and subject to the following: (a) R Districts. Prohibited. (b) R -O District. Monument sign permitted with a maximum display surface area of 32 square feet. (c) C and I Districts. Display surface shall not exceed 300 square feet. (d) Joint identification sign display. A freestanding sign or monument sign greater than 32 square feet for a person or business with display on a joint identification sign shall not be allowed. (E) I Districts. (1) Number of signs. Only one on -site freestanding sign shall be permitted on a lot, at a shopping center, or at a mall; provided only one on -site freestanding sign shall be permitted for any business operating on two or more adjoining lots. (2) Freestanding signs. Freestanding signs shall be subject to the following: CD174:10 TITLE XV. UNIFIED DEVELOPMENT ORDINANCE (a) Display surface area. Display surface area shall not exceed 10 square feet; provided, the display surface area may be increased two square feet for each one foot the sign is setback from street right-of-way beyond 15 feet; provided further, the maximum display surface area for a sign which setback from street right- of-way 40 feet or more shall be 75 square feet. (b) Setback from right-of-way. Setback shall be a minimum of 15 feet from 'street right-of-way. (c) Setback from Adjoining property. Setback shall be a minimum of 25 feet from the boundary of any adjoining property. (F) P Districts. One Freestanding signs sign or bulletin board may be erected. (G)Area signs. (1) Size/location. The size and location of the fence, wall, or other structure which will contain the area identification sign must be approved by the Planning Division, who will approve such structure upon the criterion of traffic safety sight lines. (a) Areas with more than one entrance may not have a sign at more than two locations. (b) An area sign with display on one side located on each side of an entrance street may be substituted for a single sign with display on both sides. (2) Display surface area. (a) A, P, R, and R -O Districts. Display area shall not exceed 32 square feet. (b) C and I Districts. Display area shall not exceed 75 square feet. (H)Monument signs. A monument sign shall be setback a minimum of 10 feet from the street right-of-way and may be substituted for a freestanding sign permitted by § 174.10., provided the display surface area meets the following: (1) RSF Districts. Prohibited on individual lots. (2) A and P Districts. The display surface area shall not exceed 32 square feet. (3) RMF, RT and R -O Districts. The display surface shall not exceed 16 square feet. (4) C and I Districts. The display surface area shall not exceed the maximum permitted by § 174.10. (Code 1965, §17B-9; Ord. No. 1893, 12-19- 72; Ord. No. 3008, 5-1-84; Ord. No. 3029, 8-21-84; Ord. No. 3294, 9-15-87; Code 1991, §158.47; Ord. No. 4100, §2 (Ex. A), 6-16-98); Ord. No. 4226, 2-15-00) Sec. 174.11. Projecting signs. (A)Sidewalks. It shall be unlawful to erect any projecting sign that projects from the wall of a building upon which it is erected a distance of more than two- thirds of the width of the sidewalk (in those instances where there'is a sidewalk next to the building) or within two feet CD174:11 C C of street right-of-way (in those instances where there is no sidewalk next to the building); provided, no projecting sign shall project more than six (6) feet from the wall of the building upon which it is erected. (B) Location. Projecting signs shall be located on the vertical surface of a building and shall not be higher than the eave or rafter line, whichever is higher. Projecting signs shall clear grade level below the sign by a minimum of eight (8) feet. (C)Displaying surface area. The display surface area of a projecting sign shall not exceed 16 square feet. Only one (1) projecting sign per business shall be permitted and a projecting sign shall not be permitted on property which has a freestanding sign. (D)Off-site. Off -site projecting signs shall be prohibited in all zoning districts. (E) On -site. On -site projecting signs shall be prohibited in R -A, RSF, RT and RO zoning districts. (Code 1965, §17B-10; Ord. No. 1893, 12- 19-72; Ord. No. 2255, 7-20-76; Code 1991, §158.48; Ord. No. 4100, §2 (Ex. A.), 6-16- 98) Sec. 174.12. Wall signs. (A)Projection. (1) General. Wall signs shall not project more than 18 inches from the surface upon which they are mounted. (2) Mansard roof. The upper edge of a wall sign mounted on a mansard roof may project more than 18 inches so long as the sign is perpendicular to the ground. (B) Number of signs. (1) Single tenant. Where a building houses only one business, a maximum of four (4) wall signs may be placed on one wall, but no more than four (4) wall signs may be placed on the building. (2) Multiple tenants. Where a building houses more than one (1) business, wall signs shall be limited in number to one (1) wall sign per business on each wall with a limit of four (4) wall signs per business per building. (C) Display surface area. (1) All signs. The display surface area of all wall signs on any one wall shall not exceed 150 square feet or 20% of the area of the wall on which they are located, whichever is greater. (2) Multiple tenants. In the event a building which houses multiple tenants does not front on the street or highway from which principal access to the building is obtained, the display surface area of each sign on a wall shall not exceed 150 square feet or 20% of the area of the wall and the display surface area of all wall signs on the wall facing said street or highway shall not exceed the area of the wall. (D) Off -site wall signs. Off -site wall signs shall be prohibited in all zoning districts. (E) Limitations in residential zoning districts. In R and R -O zoning districts, the following limitations shall apply: CD174:12 TI' • XV. UNIFIED DEVELOPMENT ORDINANCE (1) Number of signs. Limit of one on - site wall sign per business per building; provided, when a building abuts more than one street, the limit shall be one on -site wall sign per business per building for each wall which faces an abutting street. (2) Display surface area. Display surfaces shall not exceed 16 square feet. (Code 1965, §17B-11; Ord. No. 1893, 12- 19-72; Ord. No. 2309, 2-15-77; Ord. No. 3217, 10-21-86; Ord. No. 3294, 9-15-87; Code 1991, §158.49; Ord. No. 4100, §2 (Ex. A), 6-16-98) Cross reference(s)--Boards and Commissions, Ch. 33, General Provisions, Ch. 150; Definitions, Ch. 151; Enforcement, Ch. 153; Appeals, Ch. 155; Variances, Ch. 156; Fees, Ch. 159. (Ord. No. 4226, 2-15-00) Sees. 174.13.-174.99. Reserved. CD174:13 KIT WILLIAMS, CITY ATTORNEY DAVID WHITAKER, ASST. CITY ATTORNEY LEGAL DEPARTMENT TO: Tim Conklin, Director Community Planning & Engineering Services Dawn Warrick, Zoning & Development Administrator FROM: Kit Williams, City Attorney DATE: May 15, 2003 RE: City Attorney's Draft of Amended Sign Ordinance Throughout my draft, deleted language has been lined out and added language has been italicized. I changed the names of zoning districts and titles of administrator throughout the Chapter and made other minor grammatical changes not specifically noted herein. Below are the major changes by section: §174.01. Deleted (E) Privilege. §174.02 Permit Application/Issuance (A) Application - Rewrote and expanded (A) (8) to ensure ordinance did not give overbroad discretion to city official issuing permit. (B) Issuance - made issuance automatic if administrator does not reject application in writing with reason for rejection within two business days to ensure promptness requirement of Constitution. I • • §174.03. Exemptions. (C) Real Estate Signs. Rewrote to clarify when real estate signs could be displayed and when they must be removed. Election and noncommercial signs will be held to same requirements, (except removal). (H) Noncommercial Signs. The International Municipal Lawyers Association Mid -Year Seminar in April featured a half day on sign issues. It was strongly recommended to include wording similar to what I propose here and to avoid most (if not all) references to political sign regulation. (I) Time and Temperature displays. This needed further clarification that these displays did not violate §174.08 B. Fluctuating Illumination. (J) Banners. This was changed to ensure election campaign banners were not more restricted than public event banners or private sales event banners. I also propose a limit of two private sales event banner authorizations per year which would equal the normal number of primary and general election events in one year. (M) (2) Seat belt sign. We should not favor our official sign in this manner. (P) Freestanding bulletin boards. Adding last sentence to clarify that bulletin boards may not be electronic message boards to avoid flashing problems in future. §174.04. Sign identification. Only grammatical changes. §174.06 Noncommercial signs. (replacing nonconforming signs) When this ordinance was passed, in 1972 there were many existing nonconforming signs. This was a major, complex issue that this section addressed. Thirty years later, there should be no nonconforming (legal) signs remaining. We may run into one or two as we annex, but state law now controls on this issue so this whole (out-of-date) section should be deleted. In its stead is some immunizing language suggested by sign experts at the IMLA Mid -Year Seminar. One attack made against cities is that our ordinance favors commercial over noncommercial signs (a constitutional "no -no"). This language ensures that we do not favor commercial signs. §174.08 Prohibited Signs. (B) Fluctuating Illumination. The additional language is pulled from a sample ordinance discussed at the IMLA seminar and inserted here to clarify the intent of the sign ordinance. Also added is language allowing electronic message boards to change their message every three hours without violating this subsection. (F) Signs that constitute a traffic hazard. The language is shortened to clarify the intent of this subsection. (H) Roof signs. We probably need to remove appeals to the Board of Sign Appeals for anything but minor variance requests concerning set backs, etc. The Board of Sign Appeals must have clear direction and items to be considered in sign appeals or else we could be challenged for giving them "unbridled discretion" (unconstitutional). If we wish to allow Roof signs, there should be stated criteria to explain why, under what circumstances, size, illumination, number, etc. I have replaced the vague roof sign subsection with a very clear prohibition of all off -site signs. If we have any currently allowed off -site signs, they will be grandfathered (unless we wish to buy them). The general off -site sign prohibition is very important to prevent suit against us by a law firm that specializes in this area. May cities try to permit some off -site signs while limiting or prohibiting other off -site signs. This invites litigation. A general, no exception, prohibition for aesthetic and other reasons will probably keep us off the sign attorneys' hit list. (I) Restrictions along controlled access highways. This subsection is deleted because it is unnecessary because of subsection (H). §174.10 On -Site Freestanding Signs. This section deletes all references to off -site signs (which are uniformly prohibited). It would also work to lower the allowed height of new signs along I-540. Are any existing signs 30 feet above the ramp near Landers Auto Park? Should businesses near I-540 get this higher permit? If so, the proposed deleted language should be reinserted. I named zoning districts properly (I hope) throughout this section and broke apart a too long and complicated subsection (B) into (B) and (C). In subsection (D) and (E) I proposed deleting the permitted 200 square foot sign allowance for I-540 sites in C and I districts. If this is unfair or a major change from currently existing signs, the original wording may need to be kept. P Districts. I substantially shortened and clarified allowance of signs in P Districts. §174.11 Projecting Signs. (E) Clarified that some projecting signs are allowed in commercial, industrial and institutional districts. This is not a change from current law, but a change from the draft UDC section provided to us. ettew .bt1stJP!t4ssT$ill. UiiW4±4iJN 'UBLICATION I, / 7,( �//, ( / ///C'//>g /)Y , do solemnly swear that I am Legal(Clerk of the Arkansas Democrat-Gazette/Northwest Arkansas Times newspaper, printed and published in Lowell, Arkansas, and that from my own personal knowledge and reference to the files of said publication, that advertisement of: rd� 1 c o ��o . L4 oo was inserted in the regular editions on I I o 10 3 . " Publication Charge: $ 1, o' -e9 •'53 Subscribed and sworn tp before me this day , 2003. Public My Commission Expires: 6- I-Oi " Please do not pay from Affidavit. An invoice will be sent. • OFFICIAL SEAL SHERI DENISE SUTTON NOTARY PUBLIC . ARKANSAS WASHINGTON COUNTY COMMISSION EXP. 05/01/07 RECEIVED JUL 112003 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE 212 NORTH EAST AVENUE • P.O. BOX 1607 • FAYETTEVILLE, ARKANSAS 72702 • (501) 442-1700 ORDINANCE NO. 4500 AN ORDINANCE AMENDING TITLE %V: UNIFIED DEVELOPMENT CODE, CHAPTER 174: SIGNS. OF THE CODE OF N4Y FAYEIThLE. TO PROVIDE ILAMENDMENTS TO AND CLARIFICATION OF VARIOUS PROVISIONS TO CONFORM WITH THE JUDGMENT AND MEMORANDUM OPINION OF THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS ISSUED IN LA TOUR V. CITY OF FAYETTEVILLE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETIEVILLE, ARKANSAS: Section 1. That Chapter 174: Signs, Unified Development Code. Code of Fayetteville IS hereby repealed, and Exrbit 'A- attached hereto and made a part hereof, is inserted in its stead. Emergency Clause. That the City Council of the Oty of Arkansas, having found that the United States District Iment and Memorandum Opinion require the immediate 1 of those sections of Chapter 174 found to be ally deficient, hereby declares this ordinance to be for traffic safety and protection from visual clutter, and as mergency is hereby declared to exist and this ordnance MI force and effect horn the date of its passage and PASSED and APPROVED this 1st day at Juy. 2003. APPROVED: By: DAN COODY, Mayor TITLE )W. UNIRED DEVELOPMENT ORDINANCE - Chapter 174. Signs. Sec. 174.01. General regulations. Sec. 174.02. Permit appucatiovissuence. Sec. 174.03. Exemptions. Sec. 174.04. Sign Identification. Sec. 174.05. Sign removal. Sec. 174.06. Nonconforming signs. Sec. 174.07. Placing signs on public and private property. Sec. 174.08. Prohibited signs. Sec. 174.09. Sign Iganinetlon. Sec. 174.10. On -erne freestanding signs. Sec. 174.11. Project signs. Sec. 174.12. Wall Signs. Secs, 174.13.-174.99. Reserved. 'TER 174. SIGNS. 174.01. General regulations. (A) Permit required. It than be urdawlul for arty person to erect, repair. alter, relocate or keep within the city any sign or other advertising structure except as exempted herein without first obtaining a sign permit from the Zoning and Development Administrator or desgnee. ect to)tI1eml�id sions of the ns. All electrical l�code, and signs shall. tlhe Permiaddition, feesereguired I pertaining to the lawtuI business conducted to a Window and visible outside shall flash or W Directional identification and Informational signs. Directional identification, and informational signs; provided such signs shall be limited to wall and freestanding signs with a maximum of four (4) square fast of display surface area. Notwithstanding the restrictions or, the location and number of freestanding signs prescribed by § 174.10., one freestanding sign not exceeding four (4) square feet in display surface area shall be permitted at each entrance or exit on a lot or parcel to identify such entrance a exit and to encourage the use of motor vehicle seatbalts, subject to the topow»gs restrictions. (1) Traffic hazard. No such sign shall be erected which would create a traffic hazard. (2) Seat belt sign. Any words or symbols encouraging the use of seatbelts shall face the interior of the lot or parcel on which the sign is located and shall not face the street. (N) Collection boxes. Collection boxes for charitable or nonprofit organizatiors containing no commercial advertising and located on private property in any C or I zoning districts. (0) Subdivision signs. In any district, one temporary subdivision identification sign Indirecty Illuminated, not to exceed 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 (6) months within 50 feet of a dwelling in a R district occupied as a dwelling. (P) Freestanding bufietin boards. A freestanding bulletin board shall be set back a minimum of 15 feet from street right-of-way; and any bulletin board having a display surface area In excess of 10 square feet shall be set back from street right-of-way an additional one (1) foot for each two (2) square feet of display surface Me In excess of 10 square feet. Bulletin boards may not be electronic message boards. (0) Fuel price infomational 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) Price. Only one hall price informational sign shall be permitted per fuel pump. (2) Slze. Fuel price informational signs shell be limited in size to an area of 216 square inches. (3) Stationary. Each fuel price informational sign shag be affixed directly and firmly to a fuel pump and shad be stationary. (4) Other locations. Nothing herein shall be construed as to prc ibit the advertisement of fuel prices on any other sign meeting the requirements of this chapter. (5) Sign faces. Only one two-faced, or two one -faced, sell service/full seMce signs not exceeding four (4) square feet in display surface area shall be permitted at each pump Island. (R) Fences and scoreboards in city parks. Signs may be permitted on basebalVsottball fences and scoreboards In city parks as provided for in §97.088(6). 1687; Ord.e No. 3307,0 0.20-87; ON. No93313-72; .11-107-87: Code 1991. § 158.08; Ord. No. 4100. § 2 (Ex. A). 6-16-98) Sec. 174.04. Sign Identification. Every sign or other advertising structure hereafter registered shall show in a conspicuous piece thereon which is visible to the inspector and is readable by the Inspector from the ground. (Code 1965. § 178-8: Ord. No. 1893, 1219-72; Ord. No. 3294, 9- 15.97: Ord. No. 3307, 10-20-87: Ord. No. 3313, 11-17-87; Code 1991. § 158.08; Ord. No. 4100, § 2 (Ex. A), 6-16-98) lherarder. Sec. 174.05. Sign removal. In the event a business ceases operation 'q Fees. Every applicant, before being granted a permit hereunder, for a period of time in excess of 60 days, the sign owner or lessee, or snail pay to the Zoning and Development Administrators Office the the properly owner, shall Immediately remove any sign Idenitying or permit fee set forth in Chapter 159. advertising said business a any product sold thereby; provided (D) Maintenance of premises. All freestanding signs and the premises however, this requirement shall not apply where under the provisions surrounding the same Shall be maintained by the owner thereof in a of this chapter an exalting conforming sign may be altered to clean, sanitary, and Inoffensive condition, and free and clear of all advertise a new business to be in operation on the premises within obnoxious substances. rubbish and weeds. 60 days. (Code 1965, §§ 170-3(a), (c), (s), 4(b); Ord No. 1893.12-19-72: Ord. (Code 1965. § 17B -4A: Ord. No. 1893,12-19-72: Ord, No. 2934, 8- No.2198.2-17-76: Ord. No. 2790,1-18-82; Code 1991,§§158.05, 2-63; Ord. No. 2948, 9.20-83; Ord. No. 3298:10 -6 -BT, Code 1991, 158.20, 15822, 156.24. 158.38; Ord, No. 3925, § 4, 10-3-95; Ord. § 158.35: Ord. No. 4100. § 2 (Ex. A), 6-16-98) No. 4100, § 2 (Ex. A), 6-16-98) Cross reference(s)--Enforcement, Ch. 153. Sec. 174.02. Permit applcatioMssuance. (A) Application. Applications for Initial sign permits shad be made Sec. 174.06. Noncommercial signs. Anywhere a commercial sign is upon forms provided by the Zoning and Development Administrator permitted by this code, a noncommercial sign may be placed On or and shall contain or have attached thereto the following information: substituted for auch sign. (1) Applicant identmcation. Name, address and telephone number of the applicant. (2) Location. 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. Position of the sign or other advertising structure in relation to nearby buildings or structures. (4) Blueprints/drawings. 'Two blueprints or ink drawings of the plans and specifications and method of construction and attachment tote building or in the ground. (5) Person erecting structure. Name of person, firm, corporation, or association erecting structure. (6) Consent of owner. Written consent of the owner of the building, structure, or and to which or on which the structure Is to be erected, (7) Bectrkal permit, Any electrical permit required and issued for said Sign. Application requesting elecMca penult for Proposed Sign must accompany sign application. (8) Ful Compliance with Applicable Code Provision. If the proposed sign is subject to the provisions of the Commercial Design Standards (§ 166.14), Design Overlay District (§ 161.21). or other code provisions, the applicant must show full compliance with all applicable code provisions. Including necessary approvals by (Code 1965, § 179-5; Ord. No. 1893,12-19-72; Ord. No. 2109, 6- 3.75: Crd. No. 2255. 7.20-76; Code 1991, § 158.07; Ord. No. 4100, § 2 (Ex. A). 6-16-98) Sec. 174.07. Placing signs on public and private property. rem one -hall foot for each toot of setback less than 40 feet. on - site ireestandinq signs shall be permitted to be erected in the city (A) Placing signs on public properly. (1) Agencies of government. No signs other than signs placed by agencies of government shall be erected on any public property; provided, directional signs may be erected upon the city's street name signposts, or upon traffic signposts under the folowdng conditions: (a) Public facility/out-of-town patrons. The signs direct the reader to the location of a public facility attended principally by ad -of -town patrons, to a facility operated by a nonprofit entity and attended principally by out-of-town patrons, to a facility relating to the public health, safety, or welfare. or to scertic or historic trails: (b) Traffic Dvislon. The signs are fabricated, erected and maintained by me city Transpiration Division; (c) Cost. The entire cost of the signs is borne by the entity requesting me signs: Number of signs. Orley one on -site freestanding sign shall mated on a lot or at a business operating on two or more adjoir Display surface area. Display surface area shall not exceed (3) Illumination. Sign may be illuminated by indirect illumination only. (4) Setback from right-of-way. Sign shay be setback 35 feet from existing street right-of-way and 25 feet from any nor R -O District. (B) RSF and RT Districts. Except pursuant to §174.03(c), (N) and (P). Freestanding signs shell be prohibited and no freestanding signs shall be erected in RSF and PT District of the city. One freestanding bulletin board pedal shad be permitted, subject to the restrictions on bulletin boards prescribed by § 174.03 (P) (C) R -O and RMF Districts. One freestanding signs shall be permitted on a lot or parcel zoned RMF or R -O Subject to the following restrictions: (1) Display surface area. The maximum display surface area Well not exceed four (4) square feet; (2) Setback from right-of-way. The sign shall be setback a minimum of 15 feet from street right-of-way. (3) Height. The height of the sign shall not be greater than six (6) feet above me level of the street upon which the sign faces. (4) Setback from R District, The sign shall be setback a minimum of 25 feet from the boundary of any R District. (5) Adjolning property. The Sign shall be erected a minimum of 10 feet from adjoining property. (6) Illumination. The sign shall be illuminated by indirect illumination only. (D) C Districts. (1) Number of signs. Only one on -site freestanding signs shall be permitted on a lot, at a shopping center, or at a mall: provided any one on -site freestanding sign shag be permitted for any business operating on two or more adjoining lots (2) Freestanding signs. Freestanding signs shall be subject to the following. (a) Display surface area. Dsplay surface area shall not exceed 10 square feet; provided, the display surface area may be Innaased two (2) square feet for each one (1) foot the sign Is setback from street right-of-way beyond 15 feet, provided further, the maximum display surface area for a sign which is setback from street right-of-way 40 feet a note shat) be 75 square feet. (b) Setback from right-of-way Setback shall be a minimum of 15 feet from street right-of-way provided, an on -site freestanding. (c) Setback from adjoining properly. Setback snap be a minimum of 25 feet from the boundary of any adjoining property. (3 ) Joint identification sign. The display surface area of joint Identification signs may be increased to one square foot Per 500 square feet of gross leaseable building area over 37.5000 squaw feet located, as approved by the Planning Division at no more than two (2) remote entrance locations. The permit applicant shall provide a recorded legal document as approved by the Planning Division Indicating ownership and resporaibility for maintenance of sign and subject to the following: (a) R Districts. Prohibited. (b) R -O District. Monument sign permitted with a maximum display surface area of 32 square feet. (c) C and I Districts. Display surface shall not exceed 300 square feet. (d) Joint Identification sign display. A freestanding signor monument sign greater than 32 square feet for a person or business with display on a joint identification sign shall not be allowed. (E) I Districts. (1) Number of signs. Only one on -site freestanding sign shall be permitted on a lot, at a shopping center, or at a mall; provided only one on -site freestanding sign shall be permitted for any business operating on two or more adjoining lots. (2) Freestanding signs. Freestanding Signs shall be subject to the surface area. Display surface area shell not exceed 1 provided, the display surface area may be increased t. for each one foot the sign Is setback from street right -c i 15 feet; provided further, the maximum display surfer gn which setback from street fight -of -way 40 feet or mo square feet. from rloht-of-way. Setback shall bee minimum of 15 fe shall be a minimum o' any adjoining property. Zing signs sign or bulletin board may be (G) Area signs. (1) SizeAocation. The size and location of the fence, wall, or other structure which will contain the area Identification sign must be approved by the Plaming Division, who wig approve such structure upon the criterion of traffic safety sight lines. (a) Awes with more than one entrance may not have a sign at more than two locations. (b) An area sign with display on one side located on each side of an entrance street may be substituted for a single sign with display on both sides. (2)Dispay surface area. (a) A, P, P. and R -O Districts. Display area shall not exceed 32 square fast. (b) C and t Districts. Display area shall not exceed 75 square feet. (M Monument signs. A monument sign shall be setback a minimum of 10 feet from the street right-of-way and may be substituted for a freestanding sign permitted by § 174.10, provided the display surface areameets the l owi g: _ �pr rJOttt,c'r dD No. L.\9 Tsfbnsbla t ei such as the P wrung Ca wton. enhd (B) ISSuagco of sgn permit. It shebe the duty of the Zon3g Development AanthS ator or designee. upon the filing of an appL'cation far an erection permit, to examine such plans and spedflcatons and other data end the promises upon which it Is proposed to erect the sign or other advertising structure, and if it shall appear that the proposed structure and sign ant In full compliance with all the requrerthents of this chapter and all other aws and adharces of the city, he shall witttit five (5) business days issue the sign pemf. If the Zwrng and Development AUtntstrator or designee fee to Igor a competed sign eppkation (that PUPons to show iN ccrP%ance win of code regtirernents) witltm two Me business days of its subn sJon by written explanation of why such appticaticn fails to meet all code replrenems, the sign appecation shall be deemed approved and a sign permit shall be Immediately Issued to the applicant. If the work euthonzed under a sign permit has not been competed within six (6) months ate date of issuance, the said permit Mal become nA and obi. &d. No. 1965, § 17B 3(D). (d): Ord. No. 1893. 12-19-72; Ord. No. 2198. 2-17-76; Code 1991, §§ 158.21: 158.23; Ord. No. 4160, § 2 Sec. 174.03. Exemptlars. Exemptions shall not be construed as relaying the owner of such signs from the resporslNlity of complying with certain applicable provisions of the chapter. The exempfo m Shelf spay to the requirement for sign permit ony. No sign permit shall be requmed for the erection of the Vowing signs: (A) Profession name plates. Professiaia name plates erected flat an was of bung art rot exceeding far (4) Square feel of display surface area. (B) Btioilg construction signs. One on -ate b Ming construction sign on each castuctbn Site In any zoning district. provided that maximum display surface area shall be eight (8) square feet Dress in R zoning districts: 32 square feet or less in other zoning districts. (C) Real estate signs. Ona lot in any district, there may be erected area on -site ehanumated mat estate sign while the lot is for sale. Provided friths, such signs alas be GNteo to wall signs, freestanding signs or platform ague; and emstaMag signs or patform signs Mai be art bark a mmnen of 10 feet from to Street. Red Estate signs Mal be remoed with' , 72 hours following the closing (sale) of the property on which it is located. The painted Illumination and maxmum display surface area for a real estate sign shad be as allows: Will firmtfedD r atbn Arco (Sq. FL) t Norcumreted 32 RO Noaminated 8 1, C arc I Nonfashig 32 (D) Hama occupation signs. Home occupation signs erected sat against the was and not exceeding three (3) square fast. (E) Memorial signs, name signs. Memanal signs or tables. names of bWO cgs and date of erection when cut into any masonry surface or when Constricted of bronze or other incombustible materials. (F) Traffic signs, etc. Traffic or other municipal signs, legal robes, calmed crossing signs, danger, and such temporary emergency cc no aovertis ng signs as may be approved by the City Coohdl. (G) Posting We, mPa t9 signs. Posting of We on signs, repaineg of signsor the c ang;ng of Where or numbers on signs designed for targsal a lettering or mniberrg which were IeoaPv Graded and Ml Non-CommeGal Sgns. Non-Commerdal Signs that do not advertise a product or Service for profit or for a business purpose, do not propose a commercial transaction nor react primarily to ecaonic Interests are pemitted to be paced on private property In any zoned district subject to the following conditions: (1) Districts where signs not otherwise permitted. In districts where signs are not otherwise omitted, one poetics non-cdnrheca sign may be erected subect to the same 4mtatbns of real more signs. (2) Districts where signs are permitted. In districts where signs are otherwise punished. con-canmeds signs may be placed over or substituted for the permitted commercial sign. 0) Time and temperature displays. Tune and temperature displays without advertising matte, may change their fulminated time and temperature displays m often as reascna necessary to provide 8001.ate and garenont Information to observers wllhWt being catered to be In wtaatbn of §174.08 B. Fluctuating Ifunratbn. (MBanars. (1) RbcJpmele events. Bares shall be exempted when used In COrilncticn with public and private events as follows: paigns. Election campaign bavhens when said banners am not placed more than 10 days two weeks prior to and removed within 72 hours talowldg the section to which the banner applies or the final election that the ca, date Is eligible to nn for office h that yea. wtthceve A easier. (D) Pubic events. Pto"..C event banes when said bauhers are not paced more than two weeks prior to art removed within 72 hers oiowing the event to which the banner apples. (c) Private saes events. Bapere paced on private property for advertising a space) sales event are rot paced more than two weeks prior to and be removed wntn 72 hours following the event to which the banner apples. No more than two (2) special sales events per business location may be advertised by barenere dying any one year Paid. (2) Advertising. Banners be rang advertising matter shies be shad meet a7 regulations pat g9 Signs located in bubings. is not visible to to public out N Signs on windows. Signs Th alratbn. The signs ere 4saied at Options where may woth constitute a traffic hazard. (e) Traffic contra dances. The signs conform to the manual or uniform traffic -control devices; end (0 Directional signals. The maximum number of directional signs permitted under this section shall be seven (7) for each entity: provided, Me imtatcn provided hereby stall not apply to signs dlreding the reader to scenic or historic trails. (2) Nonprofit organizations. Nonprofit organizations shall be slowed to pace temporary signs of a nanconrnerdM retue on pubs property far the purpose of directing the general Public to the location of an event or activity which promotes the general public welfare. The placement of such temporary signs shall be subject to the following conditions: (a) Display swtace area. The maximum display surface area of each Sign stall not exceed six (6) square feet; (b) Number of signs. No more than tee (3) signs dhecting the general public to such an event or activity shall be paced on public property at the same time by one such organization; (c) Orgwhvafion rang. Each such sign shad Identify the nxnprofil organization by name: sign. No such temporary sign elhei be paced on for more then five (5) successIve days: (e) Lomtonapprova. The location of each such sign shall be approved by the Panning and Zoning Administration or designee to muss that the signs WIN not constitute a traffic hazard; (0 PenmVnumber of signs. The organization applies for. and is issued, a sign pent; one parodit may authorize Installation of up to tt nee (3) Sigel pursuant to the provisions of the di. on; and (9) Temporary signs. No such organization mad Instal, or be Issued a omit to Install a temporary sign on pbsc property pursuant to the prdw4MPns of this division more often than six (6) times w;hhin a 12 - month period. (B) Placing signs on private property. No signs shall be placed on any private property without the consent of the owner thereof. (C) Placing Signs on trees or rocks. No signs Mall be placed or palmed on ally tree or rock. (D) Plecinhg signs an utility poles. No signs snail be placed on arty utility pole except for utility Identification a similar purposes. (Code 1965, § 178-7(c); Ord. No. 1893, 12-19-72; did. No. 2934,8- 2-83; Ord, No. 2948,9-20-83; Ord. No. 3298, 10-6.87; Code 1991, § 159.37; Om. No. 3677, § 1,3-2-93; Om. No. 4100, § 2 (Ex. A), 6- 16-98) Sec. 174.08. Prohibited signs. W Spot lights and beacons. It Mai be uNawM for any pew' to continue in operation or erect any attraction device or sign which contara a brown of any type and/or contains a spot light providing direct Nnrhatbn to the pta4c. (B) fluctuating iumination. It shas be ulawM for any person to erect additional attraction devices a signs or to continue in operation an attraction device or sign which flashes, blinks, or is animated. IIIainsibn of attraction devices or signs located in the city that fluctuates In light intensity shall be prohibited. Bwironic message boards using flashing. interbttem or moving fight or lights are prohibited. Provided, however, that electronic message bards dtspay4g oMy time and/or emperatum for periods of not less than 30 seconds are permitted. Bectroit message boards may their message every mines lours vMotahviolating the pro of bit�onof lasheg a bi411dng. (C) Portable swinger or temporary attraction sign boards. It shall be unlawful for any person to continue to display or erect any portable winger, -Aframe, sandwich, or temporary attraction sign board in the city. (D) RevdWhg, rotating, or having signs. It Mai be unlawful for any pa -tan to erect or to continue using any sign on the exterior of which revolves. rotates or otherwise naves, In w tide a pat. (E) Wndbwm Mgrs. It shall be t lawful for any person to display any wind blown sign; provided. w4dbiown signs may be displayed an a lot, at a shopping center. or at a roes one time per year for a period not to exceed 72 'ours If a temporary sign permit Is first obtained from the Planning Division upon payment of the appropriate fee; provided further, one company flag shall be permitted or, a lot, at a Mgpprg canter, or has. (F) Signs that commute a all hazard. No sign or other advertising structue as regulated by INS chapter shad be erected at the intersection of arty street in such a mans as to obstruct nee and dear vision; or at any to aton whom, by reason of the wording, position, shape. or color, it may Interfere with, h obstruct the view of or be confused with any authorized traffic sign, signal or device. (0) Use of vehicle as sign. It shall be unlawful to use a vehicle or a troller as a sign in circumvention of this chapter. IN Off -Site Signs, It alas be unlawful to erect any off -We sign. 0) Roof Signs. Roof signs shall not be permitted. Secs. 174.13.--174.99, Reserved. Cross reference(s)--Valance, Ch. 156, Appeals, Ch. 155. districts. PmtWited on 4MMdtal lots. P Dsticts. The display surface area shad not exceed 32 square feet. (3) RMF, PIT and R -O Districts, The display surface shall not exceed 16 square feet. (4) C and I Districts. The display surface area shat not exceed the maximum permitted by § 174.10. (Code 1965. § 178-9; Ord. No. 1893, 12.19-72; Ord. I 1-84; Chid. No. 3029,8-21-84; Ord. No. 3294,9-15-87; 58.47; Ord. No. 4100, S 2 (Ex. A. 6-16-98); ON. No. 1 Sec. 174.11. Projjec ng signs. (A) Sidewalks. It shall be uniawful to erect any projecting sign that projects from the wail of a building upon whin It is erected a distanp of more than twtHNrds of the width of the 6ldewelll On Ihoe Instances where there is a MOpwak next to the building) or witn tar fast of street rghtof-way On those instances where these Is m sidewalk red to the bhasP +hg): provided, no projecting sign she Iecr more than sin (6) feet flan the wall d of the building upon wlivl It t is s erected. (9) Location. Projecting signs shelf be located on the vertical surface of a balding and Malt not be higher than the Save a rafter line whichever is higher. Projecting signs s hMI clear grade level below ms sign by a minimum of eight (8) feet. (C) DaplaWg surface area. The display surface area of a parade business shad be permuted and a prgectiug sgn shell rot bar permitted on property which has a freestanding sign. (D) Off -site. Oft -Ste projecting signs shall be prohibited in as zoning datrkt. (E) On -site. On -Site projecting signs shall be prohibited in R -A, RSF RT andRO zonino districts. (Code 1965, § 17B-10; Ord, No. 1893, 12-19.72; Ord. No. 2255 7.20.76; Code 1991, § 158.48; Ord. No.4100. § 2 (Ex. A.), 6.1698; Sec. 174.12. Was signs. (N Projection. (1) General. Was signs shall not project more than 18 inches from the surface upon which they are mounted. (2) Mansard roof. The upper edge of a wail sign mounted on a mansard roof may project more than 18 inches so long as the sign Is perpendicular to the ground. (B) Ntznber of Signs (1) Single tenant. inhere a building houses only one business, a naxlnm of for (4) wall signs may be placed on one was, but no more than lour (4) was signs may be placed an the bu ding. (2) Whole tenants. where a bt9ding houses more tan One (1) busin ss. was signs shall be hatted in number to one (1) was sign per business an each was with a limit of tour (4) wall signs per business per building. (C) Display surface area. (1)Al Signs. The display surface area of ai was signs on any one was shall not exceed 150 sgtmse feet or 20% of the area of the was on which they are located, wlicnsvem Is greater. (2) Multiple tenants. In the event a biding which houses mumple tenants does not font on the street or hgPM y horn which p incam access to the building Is obtained, the display aerate area of each sign on a was shall not exceed 150 square feet or 20%of the arm of the wall and the display surface area of all wall signs on the wall facing sad street or highway Mall not exceed the area of the well. (D) Of -site was signs. Off -site wall signs shei be prohibited in all zoning districts. (E) Limitations h residential zoning districts. In R and R -O zoning districts, the fo7ovnrg Unratbs Mail apply (1) Number of signs. (hilt of one on -site wall sign per business per buJdhg; Provided when a bustling abuts nine then one meet, the uRd alal be one on -site was sign per business per biding for each was winch faces an abutting street. (2) Display surface area. Display Surfaces shall not exceed 16 square feat. (Code 1965, § 178.11; Oct. No. 1893, 12-19-72; Ord. No. 2309,2- 15-77; Ord. No. 3217. 10-21-86; Ord. No. 3294. 9-15-87; Code 1991. § 158.49; Om. No. 4100. § 2 (Ex. A), 6-16-98) Cross reference(s)--Boards and Commissions, Ch. 33, General Provislos, Ch. 150; DehNins. Ch. 151; Enforcement, Ch, 153; Appeals, Ch. 155; Variances. Ch. 156; Fees, Ch. 159. (Ord. No.4226,2-15-00) (Code 1965, §178.7(b), (e) --(IQ; 178-8; Ord. No. 1893, 12-19-72; Ord, No. 2934.8-2-83; Oct. No. 2948. 9-20-83; Oct. No. 3298, 10- 6-87; Code 1991, §158.38, 158.36, 158-39-158,48; did. No. 4100, § 2 (Ex. A). 6-16-98) Sec. 174.09 Sign illumination. Direct illumination by incandescent light bulbs shies be restricted to light bulbs rated at 25 watts or less. 2 upon mounting ad (Code 1965, § 17B-7(©); Ord. No. 1893,12-19-72; Oct. No. 2934, 8-2-83; Ord. No. 2948. 9.20-83; Ord. No. 3298, 10887; Code w tthin a biding that 1991, § 158.38; Ord. No. 4100. § 2 ()a A). 8.18.98) ed to, glass Surfaces Soc. 174.10. On -Site freestanding signs. It shall be untawM to erect 0 FAYETTEVIfLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: David Whittaker City Attorney Division From: Clarice Buffalohead-Pearman City Clerk Division Date: July 8, 2003 Re: Ordinance No. 4500 Attached is an executed 'copy of the above ordinance approved by the City Council on July 1, 2003, approving the amendment to the Code of Fayetteville, Title XV, Chapter 174 in regards to the La Tour v. City of Fayetteville decision. This ordinance was published as required by statute. The ordinance and attachments will be recorded in the city clerk's office and microfilmed. If anything else is needed please let the clerk's office know. /cbp attachments cc: Nancy Smith, Internal Auditor