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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 That Chapter 174: Signs, Unified Development Code, Code of Fayetteville is hereby repealed, and Exhibit "A" attached hereto and made a part hereof, is inserted in its stead.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