HomeMy WebLinkAboutOrdinance 4972 i
ORDINANCE NO. 4972
AN ORDINANCE TO ENACT A REPLACEMENT
CHAPTER 174 SIGNS AND §153.08 (G) SIGNS TO
CLARIFY SIGN REGULATIONS IN FAYETTEVILLE
WHEREAS, clarifications of Chapter 174 Signs of the Unified Development
Code are needed to harmonize and simplify sign regulations in Fayetteville; and
WHEREAS, the length of time the Zoning and Development Administer has
before he must reject a non-compliant sign permit application should be extended from
five to ten business days to avoid unnecessary paperwork, expense, and delay for sign
applicants; and
WHEREAS, wayfinding, informational kiosks and cross-street banners should be
regulated and authorized within the Downtown Master Plan District; and
WHEREAS, a conforming sign supporting structure should not be required to be
removed within 60 days of the business closure or relocation unless it constitutes a
hazard and nuisance; and
WHEREAS, traditional large election campaign signs of up to 32 square feet
should be authorized for up to three weeks prior to the election to which the sign
applies.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : That the City Council of the City of Fayetteville, Arkansas hereby
repeals Chapter 174 Signs of the Unified Development Code in its entirety and enacts
a new Chapter 174 Signs in its stead as shown on Exhibit "A" attached hereto and
made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
repeals §153.08 (G) Signs in its entirety and enacts a new §153.08 Signs in its stead as
shown on Exhibit "B" attached hereto and made a part hereof.
PASSED and APPROVED this 16 day of January, 2007. �ERW06 *TRSG�0%
Do
APPROVED: ATTEST:
: FAYETTEVILLE '
' * DAN SPOJ�'`�
By: By: Qh1M_T1�'VV(3T0sG ,
DAN COODY, Mao SON RA SMITH, City Clerk/Treasurer
r
FAYETTEVILLET�=
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
LE
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: City Clerk's Office
Planning Department
FROM : Kit Williams, City Attorney
DATE : February 12, 2007
RE : Sign Ordinance §174.12(C)
The section of the Sign Ordinance dealing with the display surface
area for Wall Signs that was originally e-mailed to the City Clerk contained
the old, unamended version. The correct version of that page is attached to
this memo and has been e-mailed to the Clerk.
This version was approved by the City Council and is somewhat more
lenient in allowing larger wall signs and/or more coverage of a total wall by
multiple tenants. This single subsection (§ 174 . 12 ( C } ) should probably be
published and should be placed as the proper version on the City's website.
We apologize for this error.
ti
TITLE XV UNIFIED DEVELOPMENT CODE
. : CHAPTER 174 : SIGNS
174.01 GENERAL REGULATIONS ...................................................................................................:........ 3
174.02 PERMIT APPLICATION/ISSUANCE............................................................................................... 3
174.03 EXEMPTIONS ....................................................................................................................:............. 4
174.04 SIGN IDENTIFICATION ................................................................................................................... 6
174.05 SIGN REMOVAL.............................................................................................................................. 6
174.06 NONCOMMERCIAL SIGNS ............................................................................................................ 6
174.07 PLACING SIGNS ON PUBLIC AND PRIVATE PROPERTY.......................................................... 6
174.08 PROHIBITED SIGNS ....................................................................................................................... 7
174.09 SIGN ILLUMINATION ...................................................................................................................... 8
174.10 ON-SITE FREESTANDING SIGNS ................................................................................................. 8
174.11 PROJECTING SIGNS .................................................................................................................... 10
174.12 WALL SIGNS ................................................................................................................................. 10
174.13-174.99 RESERVED ........................................................................................................................ 11
CD174: 1
i
EXHIBIT "A"
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 174: SIGNS
174.01 General Regulations (6) Consent of owner. Written consent of the
owner of the building, structure, or land to
(A) Permit required. It shall be unlawful for any which or on which the structure is to be
person to erect, repair, alter, relocate or keep erected.
within the city any sign or other advertising
structure except as exempted herein without first (7) Electrical permit. Any electrical permit
obtaining a sign permit from the Zoning and required and issued for said sign.
Development Administrator or designee. Application requesting electrical permit for
proposed sign must accompany sign
(B) Illuminated signs. All illuminated signs shall, in application,
addition, be subject to the provisions of the
electrical code, and the permit fees required (8) Full Compliance With Applicable Code
thereunder. Provisions. If the proposed sign is subject to
the provisions of the Commercial Design
(C) Fees. Every applicant, before being granted a Standards ( 166.14), Design Overlay District
permit hereunder, shall pay to the Zoning and ( 161 .21 ), Certificate of Zoning Compliance
Development Administrators Office the permit or other code provisions, the applicant must
fee set forth in Chapter 159. show full compliance with all applicable code
provisions, including necessary approvals by
(D) Maintenance of premises. All freestanding signs responsible bodies such as the Planning
and the premises surrounding the same shall be Commission.
maintained by the owner thereof in a clean,
sanitary, and inoffensive condition, and free and (B) Issuance of sign permit. It shall be the duty
clear of all obnoxious substances, rubbish and of the Zoning and Development
weeds. Administrator or designee, upon the filing of
an application for an erection permit, to
(Code 1965, 178-3(a), (c), (e), 4(b); Ord. No. 1893, 12-19- examine such plans and specifications and
72; Ord. No. 2198, 2-17-76; Ord. No. 2790, 1 -18-82; Code other data and the premises upon which it is
1991 , 158.05, 158.20, 158.22, 158.24, 158.38; Ord. proposed to erect the sign or other
No.3925, 4, 10-3-95; Ord. No. 4100, 2 (Ex. A), 6-16-98) advertising structure, and if it shall appear
that the proposed structure and sign are in
174.02 Permit Application/Issuance full compliance with all the requirements of
this chapter and all other laws and
(A) Application. Applications for initial sign permits ordinances of the city, he shall within five
shall be made upon forms provided by the Zoning business days issue the sign permit. If the
and Development Administrator and shall contain Zoning and Development Administrator or
or have attached thereto the following designee fails to reject a completed sign
information: application (that purports to show full
compliance with all code requirements)
(1) Applicant identification. Name, address and within ten business days of its submission by
telephone number of the applicant. written explanation of why such application
fails to meet all code requirements, the sign
(2) Location. Location of building, structure, or application shall be deemed approved and a
lot to which or upon which the sign or other sign permit shall be immediately issued to
advertising structure is to be attached or the applicant. If the work authorized under a
erected. sign permit has not been completed within
six (6) months after date of issuance, the
(3) Position. Position of the sign or other said permit shall become null and void.
advertising structure in relation to nearby
buildings or structures. (C) Appeals of Sign Permit Denials. All decisions
and interpretations of the Zoning and
(4) Blueprints/drawings. Two blueprints or ink Development Administrator under this
drawings of the plans and specifications and Chapter shall be considered final
method of construction and attachment to administrative actions for the purpose of the
the building or in the ground. appeals set forth at 155.01 .
(5) Person erecting structure. Name of person, (Ord. No. 1965, 17B 3(b), (d); Ord. No. 1893, 12-19-72; Ord.
firm, corporation, or association erecting No. 2198, 2-17-76; Code 1991 , 158.21 ; 158.23; Ord. No.
structure. 4100, 2 (Ex. A), 6-16-98; Ord. 4652, 12-07-04)
CD174:3
Fayetteville Code of Ordinances
174.03 Exemptions changeable lettering or numbering which were
legally erected and maintained for such
Exemptions shall not be construed as relieving the purposes.
owner of such signs from the responsibility of (H) Non-Commercial Signs. Non-Commercial signs
complying with certain applicable provisions of this that do not advertise a product or service for
requirement for a sign permit. No sign permit shall be
chapter. The exemptions shall apply tthe profit or for a business purpose, do not propose a
required for the erection of the following signs which commercial transaction nor relate primarily to
are hereby authorized to be erected in compliance economic interests are permitted to be placed on
with the listed conditions: private property in any zoned district subject to
the following conditions:
(A) Professional name plates. Professional name (1 ) Districts where signs not otherwise
plates erected flat walls building and not permitted. In districts where signs are not
area.exceeding four (4) square feett of display surface otherwise permitted, one political or religious
non-commercial sign may be erected subject
(B) Building construction signs. One on-site building to the same limitations of real estate signs.
construction sign on each construction site in any signs zoning district, provided that maximum display (2) Districts where 9 ns are permitted. In
surface area shall be eight (8) square feet or less districts where signs are otherwise
in R zoning districts: 32 square feet or less in permitted, non-commercial signs may be
other zoning districts. placed over or substituted for the permitted
commercial sign.
(C) Real estate signs. On a lot in any district, there
may be erected one on-site unanimated real (I) Time and temperature displays. Time and
estate sign while the lot is for sale. Provided temperature displays without advertising matter,
further, such signs shall be limited to wall signs, may change their illuminated time and
freestanding signs or platform signs; and temperature displays as often as reasonably
freestanding signs or platform signs shall be set necessary to provide accurate and convenient
back a minimum of 10 feet from the street. Real information to observers without being
Estate signs shall be removed within 72 hours considered to be in violation of 174.08 B.
following the closing (sale) of the property on Fluctuating Illumination.
which it is located. The permitted illumination
and maximum display surface area for a real Q Banners. Public event, special sales event, and
estate sign shall be as follows: election campaign banners (not to exceed 3' x
30� and large election campaign signs (not to
exceed 32 square feet) may be installed under
District Permitted Area (Sq. Ft.)
Illumination I the following terms and conditions:
RA Nonilluminated 32 (1 ) Election campaign banners and large
R, R-0 Nonilluminated 8 signs.
P-1 , C and I Illuminated 32
(a) Residential zones including
(D) Home occupation signs. Home occupation signs Neighborhood Conservation, R-0, R-A
erected flat against the wall and not exceeding and R-PZD. In addition to the non-
three (3) square feet. commercial sign allowed in subsection
E Memorial signs, name signs. Memorial signs or (H), the owner to a residentially zoned
( ) g 9 9 parcel may install one large election
tables, names of buildings and date of erection campaign sign of up to 32 square feet
when cut into any masonry surface or when no more than three weeks prior to (and
constructed of bronze or other incombustible to be removed within three days
materials. following) the election to which the sign
applies.
(F) Traffic signs, etc. Traffic or other municipal
signs, legal notices, railroad crossing signs, (b) All otherzones. The ownerofa
danger, and such temporary, emergency or parcel may install one election
nonadvertising signs as may be approved by the campaign sign of up to 32 square feet
City Council. no more than three weeks prior to (and
to be removed within three days
(G) Posting bills, repainting signs. Posting of bills on following) the election to which the sign
signs, repainting of signs, or the changing of applies. If the parcel has more than 100
letters or numbers on signs designed for feet of frontage on a street, the owner
CD174:4
EXHIBIT "A"
TITLE XV UNIFIED DEVELOPMENT CODE
may install one large campaign sign per (K) Signs located in buildings. Any sign located
hundred feet of frontage and may within a building that is not visible to the public
substitute and install an election outside said building is exempt from all
campaign banner for an allowed special regulations in this chapter.
sales event banner no more than two
weeks prior to (and to be removed (L) Signs on windows. Signs painted on or affixed to
within three days following) the election glass surfaces of windows or doors and
to which the banner applies. pertaining to the lawful business conducted
therein are exempt from the permit requirement,
(2) Special sales event banner. In but are considered a wall sign to determine
Commercial, Downtown Core, allowable square footage. No signs affixed to a
Downtown General, Main Street Central, window and visible outside shall flash or fluctuate
and C-PZD zones, a commercial retail illumination,
business may advertise a special sales
event by installing a special sales event (M) Directional identification and informational signs.
banner on its property at least 40' from Directional, identification, and informational signs;
the street right of way and no higher provided such signs shall be limited to wall and
than 30' above street level for a total freestanding signs with a maximum .of four (4)
display time of no more than ten days, square feet of display surface area.
no more than one time a year. Notwithstanding the restrictions on the location
and number of freestanding signs prescribed by
(3) Public event banners. Nonprofit § 174.10, one freestanding sign not exceeding
organizations and government entities four (4) square feet in display surface area shall
may install public event banners under be permitted at each entrance or exit on a lot or
the following conditions: parcel to identify such entrance or exit and to
encourage the use of motor vehicle seatbelts,
(a) In order to notify or invite the subject to the following restrictions.
public to attend a public festival or event
sponsored by the nonprofit organization (1) Traffic hazard. No such sign shall be
or government entity, this organization erected which would create a traffic hazard.
may install a public event banner (that
may not contain advertising or (2) Seat belt sign. Any words or symbols
commercial logos) on its property at encouraging the use of seatbelts shall face
least 20' from the street right of way or the interior of the lot or parcel on which the
on the building's facade and no more sign is located and shall not face the street.
than 30' above the street for a total
display time of no more than fourteen (3) Advertising. No advertising or commercial
days six times a year. logos may be incorporated into the sign.
(b) In order to notify or invite the (N) Collection boxes. Collection boxes for charitable
public to attend a public festival or event or nonprofit organizations containing no
within the Downtown Master Plan area commercial advertising and located on private
or the University of Arkansas campus property in any Commercial or Industrial zoning
sponsored by the nonprofit organization districts.
or government entity, that organization
may pay the costs of the City to install (0) Subdivision signs. In any district, one temporary
one or two cross street public event subdivision identification sign indirectly
banners (with no advertising or illuminated, not to exceed 50 square feel in area
commercial logos) at Dickson and Block per surface may be erected at any principal
and/or Dickson and Arkansas for no entrance to a subdivision, provided that in no
more than fourteen days once a year. event shall such sign remain for more than six (6)
When more than one nonprofit months within 50 feet of a dwelling in a R district
organization or government entity would occupied as a dwelling.
quality and timely requests to pay for the
installation of cross street banners (P) Freestanding bulletin boards. A freestanding
during the same period, the number of bulletin board shall be set back a minimum of 15
cross street banners for each feet from street right-of-way; and any bulletin
organization may be reduced to one board having a display surface area in excess of
and/or the length of display may be 10 square feet shall be set back from street right-
shortened to one week so that each of-way an additional one (1 ) foot for each two (2)
qualified applicant is treated equally. square feet of display surface area in excess of
CD174:5
Fayetteville Code of Ordinances
10 square feet. Bulletin boards may not be need not be removed unless a determination is made
electronic message boards. by the Zoning and Development Administrator that the
unoccupied sign structure is a traffic hazard or a
(0) Fuel price informational signs. In any district, substantial detriment to nearby businesses or
signs advertising the price of motor vehicle fuel residents such that the structure's removal is
sold from a fuel pump located on the premises necessary to end a public nuisance.
shall be permitted, subject to the following
conditions: (Code 1965, 178-4A; Ord. No. 1893, 12-19-72; Ord. No.
2934, 8-2.83; Ord. No. 2948, 9-20-83; Ord. No. 3298; 10-6-
(1 ) Price. Only one fuel price informational sign 87; Code 1991 , 158.35: Ord. No. 4100, 2 (Ex. A), 6-16-98)
shall be permitted per fuel pump.
Cross reference(s)—Enforcement, Ch. 153.
(2) Size. Fuel price informational signs shall be
limited in size to an area of 216 square 174.06 Noncommercial Signs
inches.
Anywhere a commercial sign is permitted by this
(3) Stationary. Each fuel price informational code, a noncommercial sign may be placed on or
sign shall be affixed directly and firmly to a substituted for such sign.
fuel pump and shall be stationary.
(Code 1965, 17B-5; Ord. No. 1893, 12-19-72; Ord. No.
(4) Other locations. Nothing herein shall be 2109, 6-3-75; Ord. No. 2255, 7-20-76; Code 1991 , 158.07;
construed as to prohibit the advertisement of Ord. No. 4100, 2 (Ex. A), 6-16-98)
fuel prices on any other sign meeting the
requirements of this chapter. 174.07 Placing Signs On Public And
Private Property
(5) Sign faces. Only one two-faced, or two one-
faced, self service/full service signs not (A) Placing signs on public property.
exceeding four (4) square feet in display
surface area shall be permitted at each (1 ) Agencies of government. No signs other
pump island. than signs placed by agencies of
R Fences and scoreboards in cit government shall be erected on any public
( ) y parks. Signs property; provided, directional signs may be
may be permitted on baseball/softball fences and erected upon the city's street name
scoreboards in city parks as provided for in signposts, or upon traffic signposts under the
§97.088(B). following conditions:
(Code 1965, 1713-6; Ord. No. 1893, 12-19-72; Ord. No. (a) Public facility/ out-of-town patrons. The
3294, 9-15-87; Ord. No. 3307, 10-20-87; Ord. No. 3313, 11 - signs direct the reader to the location of
17-87; Code 1991 , 158.08; Ord. No. 4100, 2 (Ex. A), 6-16- a public facility attended principally by
98) out-of-town patrons, to a facility
operated by a nonprofit entity and
174.04 Sign Identification attended
principally by out-of-town
patrons, to a facility relating to the public
Every sign or other advertising structure hereafter health, safety, or welfare, or to scenic or
registered shall show the sign permit number in a historic trails;
conspicuous place thereon which is visible to the
inspector and is readable by the inspector from the (b) Traffic Division. The signs are
ground. fabricated, erected and maintained by
the city Transportation Division;
(Code 1965, 178-6; Ord. No. 1893, 12-19.72; Ord. No.
3294, 9-15-97; Ord. No. 3307, 10-20-87; Ord. No. 3313, 11- (c) Cost. The entire Cost of the signs is
17-87; Code 1991 , 158.08; Ord. No. 4100, 2 (Ex. A), 6-16- borne by the entity requesting the signs,
98)
174.05 Sign Removal (d) Installation. The signs are installed at
9 locations where they would not
constitute a traffic hazard.
In the event a business ceases operation for a period
of time in excess of 60 days, the sign permit holder or (e) Traffic control devices. The signs
the property owner shall immediately remove any sign conform to the manual on uniform
identifying or advertising said business or any product traffic-control devices; and
sold thereby and any non-conforming sign supporting
structure. A conforming sign supporting structure
CD174:6
EXHIBIT "A"
TITLE XV UNIFIED DEVELOPMENT CODE
(f) Directional signals. The maximum banners may include the name of the
number of directional signs permitted commercial or noncommercial enterprise
under this section shall be seven (7) for sponsoring the banner, but shall contain no
each entity; provided, the limitation advertising or slogans of the sponsor.
provided hereby shall not apply to signs
directing the reader to scenic or historic (4) Informational kiosks. Informational kiosks
trails. with a map of the Downtown Master Plan
Area may be placed within city right-of-way
(2) Nonprofit organizations. Nonprofit by the City. The kiosks shall contain only a
organizations shall be allowed to place map and/or description of the Downtown
temporary signs of a noncommercial nature Master Plan Area, public buildings and
on public property for the purpose of facilities, parking areas, and entertainment
directing the general public to the location of facilities within or near this zone.
an event or activity which promotes the (5) Cross Street Banners. Cross Street Banners
general public welfare. The placement of may be installed pursuant to §174.03
such temporary signs shall be subject to the (3)(3)(b).
following conditions:
(Code 1965, 176-7(c); Ord. No. 1893, 12-19-72; Ord. No.
(a) Display surface area. The maximum 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3298, 10-6-
display surface area of each sign shall 87; Code 1991 , 159.37; Ord. No. 3677, 1 , 3-2-93; Ord. No.
not exceed fifteen (15) square feet; 4100, 2 (Ex. A), 6-16-98; Ord. No. 4622, 9-21 -04)
(b) Number of signs. No more than three 174.08 Prohibited Signs
(3) signs directing the general public to
such an event or activity shall be placed (A) Spot lights and beacons. It shall be unlawful for
on public property at the same time by any person to continue in operation or erect any
one such organization; attraction device or sign which contains a beacon
of any type and/or contains a spot light providing
(c) Organization name. Each such sign direct illumination to the public.
shall identify the nonprofit organization
by name; (B) Fluctuating illumination. It shall be unlawful for
any person to erect additional attraction devices
(d) Temporary sign. No such temporary or signs or to continue in operation an attraction
sign shall be placed on public property device or sign which flashes, blinks, or is
for more than five (5) successive days; animated. Illumination of attraction devices or
signs located in the city that fluctuates in light
(e) Location/approval. The location of each intensity shall be prohibited. Electronic message
such sign shall be approved by the boards using flashing, intermittent or moving light
Planning and Zoning Administration or or lights are prohibited, provided, however, that
designee to ensure that the signs will electronic message boards displaying only time
not constitute a traffic hazard; and/or temperature for periods of not less than 30
seconds are permitted. Electronic message
(f) Permit/number of signs. The boards may change their message every three
organization applies for, and is issued, a hours without violating the prohibition of flashing
sign permit; one permit may authorize or blinking.
installation of up to three (3) signs
pursuant to the provisions of this (C) Portable swinger or temporary attraction sign
division; and boards. It shall be unlawful for any person to
continue to display or erect any portable swinger,
(g) Temporary signs. No such organization "A" frame, sandwich, or temporary attraction sign
shall install, or be issued a permit to board in the city.
install a temporary sign on public
property pursuant to the provisions of (D) Revolving, rotating, or moving signs. It shall be
this division more often than six (6) unlawful for any person to erect or to continue
times within a 12-month period. using any sign on the exterior of which revolves,
rotates or otherwise moves, in whole or part.
(3) Small banners on certain city light poles. The
City may prepare and install banners not (E) Windblown signs. It shall be unlawful for any
exceeding seven square feet on city light person to display any windblown sign; provided,
poles specially designed and constructed for windblown signs may be displayed on a lot, at a
such banners within the boundaries of the shopping center, or at a mall one time per year
Downtown Master Plan Area. These small for a period not to exceed 72 hours if a temporary
CD174:7
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Fayetteville Code of Ordinances
sign permit is first obtained from the Planning Site Freestanding signs shall be permitted to be
Division upon payment of the appropriate fee; erected in the city subject to the following:
provided further, one company flag shall be
permitted to be flown in conjunction with the (A) R-A District.
United States Flag or Arkansas Flag or both on a
lot, at a shopping center, or mall. (1 ) Number of signs. Only one on-site
freestanding sign shall be permitted on a lot
(F) Signs that constitute a traffic hazard. No sign or or at a business operating on two or more
other advertising structure as regulated by this adjoining lots.
chapter shall be erected at the intersection of any
street in such a manner as to obstruct free and (2) Display surface area. Display surface area
clear vision; or at any location where, by reason shall not exceed 16 square feet.
of the wording, position, shape, or color, it may
interfere with, obstruct the view of or be confused (3) Illumination. Sign may be illuminated by
with any authorized traffic sign, signal or device. indirect illumination only.
(G) Use of vehicle as sign. It shall be unlawful to use (4) Setback from right-of-way. Sign shall be
a vehicle or a trailer as a sign in circumvention of setback 35 feet from existing street right-of-
this chapter. way and 25 feet from any R or R-0 District.
(H) Off-Site Signs. It shall be unlawful to erect any (B) RSF, RT and Neighborhood Commercial
off-site sign. Districts. Except pursuant to 174.03 (C), (H) and
(J), freestanding signs shall be prohibited and no
(1) Roof Signs. Roof signs shall not be permitted. freestanding signs shall be erected in RSF, RT
and Neighborhood Commercial Districts of the
(J) Placing signs on private property. No signs shall City.
be placed on any private property without the
consent of the owner thereof. (C) R-0 and RMF Districts. One freestanding sign
shall be permitted on a lot or parcel zoned RMF
(K) Placing signs on trees. No signs shall be placed or R-0 subject to the following restrictions:
or painted on any tree within the city's right-of-
way or property. (1 ) Display surface area. The maximum display
surface area shall not exceed four (4) square
(L) Placing signs on utility poles. No signs shall be feet;
placed on any utility pole except for utility
identification or similar purposes. (2) Setback from right-of-way. The sign shall be
setback a minimum of 15 feet from street
155. Cross reference(s).Variance, Ch. 156, Appeals, Ch. right-of-way.
(Code 1965, 176-7(b), (e)--(k); 178-8; Ord, No. 1893, 12- (3) Height. The height of the sign shall not be
greater than six (6) feet above the level of
19-72; Ord. No. 2934, 8-2-83; Ord, No. 2948, 9-20-83; Ord. the street upon which the sign faces.
No. 3298, 10-6-87; Code 1991 , 158.38, 158.36, 158-39-
158.46; Ord. No. 4100, 2 (EX:_A), 6-16-98)
(4) Setback from R District. The sign shall be
174.09 Sign Illumination setback a minimum of 25 feet from the
boundary of any RSF District and 15 feet
Direct illumination by incandescent light bulbs shall be from all other zoning districts.
restricted to light bulbs rated at 150 watts or less.
(5) Illumination. The sign shall be illuminated by
(Code 1965, 178-7(d); Ord. No. 1893, 12-19-72; Ord. No. indirect illumination only.
2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3298, 10-6- (6) In lieu of the above freestanding sign, one
87; Code 1991 , 158.38; Ord. No. 4100, 2 (Ex. A), 6-16-98) freestanding bulletin board of up to ten
square feet may be installed in an RMF
174.10 Onsite Freestanding Signs district pursuant to the above requirements
and §174.03 (P).
It shall be unlawful to erect any freestanding sign
which total height is greater than 30 feet above the (D) C Districts.
level of the street upon which the sign faces. For any
sign located closer to street right-of-way than 40 feet, (1 ) Number of signs. Only one on-site
the maximum height shall be reduced one-half (1/2) freestanding signs shall be permitted on a
foot for each foot of setback less than 40 feet. On- lot, at a shopping center, or at a mall;
CD174:8
EXHIBIT "A"
TITLE XV UNIFIED DEVELOPMENT CODE
provided only one on-site freestanding sign only one on-site freestanding sign shall be
shall be permitted for any business operating permitted for any business operating on two
on two or more adjoining lots. or more adjoining lots.
(2) Freestanding signs. Freestanding signs (2) Freestanding signs. Freestanding signs
shall be subject to the following: shall be subject to the following:
(a) Display surface area. Display surface (a) Display surface area. Display surface
area shall not exceed 10 square feet; area shall not exceed 10 square feet;
provided, the display surface area may provided, the display surface area may
be increased two (2) square feet for be increased two square feet for each
each one (1 ) foot the sign is setback one foot the sign is setback from street
from street right-of-way beyond 15 feet, right-of-way beyond 15 feet; provided
provided further, the maximum display further, the maximum display surface
surface area for a sign which is setback area for a sign which setback from
from street right-of-way 40 feet or more street right-of-way 40 feel or more shall
shall be 75 square feet. be 75 square feet.
(b) Setback from right-of-way. Setback (b) Setback from right-of-way. Setback
shall be a minimum of 15 feet from shall be a minimum of 15 feet from
street right-of-way. street right-of-way.
(c) Setback from adjoining property. (c) Setback from Adjoining property.
Setback shall be a minimum of 25 feet Setback shall be a minimum of 25 feet
from the boundary of any adjoining from the boundary of any adjoining
property. property.
(3) Joint identification sign. The display surface (F) P Districts. One Freestanding sign or bulletin
area of joint identification signs may be board may be erected.
increased to one square foot per 500 square
feet of gross leaseable building area over (G) Area signs.
37,500 square feet located, as approved by
the Planning Division, at no more than two (1 ) Size/location. The size and location of the
(2) remote entrance locations. The permit fence, wall, or other structure which will
applicant shall provide a recorded legal contain the area identification sign must be
document as approved by the Planning approved by the Planning Division, who will
Division indicating ownership and approve such structure upon the criterion of
responsibility for maintenance of sign and traffic safety sight lines.
subject to the following:
(a) Areas with more than one entrance may
(a) R Districts. Prohibited. not have a sign at more than two
locations.
(b) R-0 District. Monument sign permitted
with a maximum display surface area of (b) An area sign with display on one side
32 square feet. located on each side of an entrance
street may be substituted for a single
(c) C and I Districts. Display surface shall sign with display on both sides.
not exceed 300 square feet.
(2) Display surface area.
(d) Size limitation for freestanding sign if
business displayed on joint identification (a) A, P, R, and R-O Districts. Display area
sign. If a business name or logo is shall not exceed 32 square feet.
placed upon a joint identification sign,
that business's freestanding sign may (b) C and I Districts. Display area shall not
not exceed 32 square feet. exceed 75 square feet.
(E) I Districts. (H) Monument signs. A monument sign shall be set
back a minimum of 10 feet from the street right-
(1 ) Number of signs. Only one on-site of-way, 25 feel from adjoining property, and may
freestanding sign shall be permitted on a lot, be substituted for a freestanding sign permitted
at a shopping center, or at a mall; provided
CD174:9
Fayetteville Code of Ordinances
by §174.10., provided the display surface area
meets the following: (1 ) General. Wall signs shall not project more
than 18 inches from the surface upon which
(1 ) Neighborhood Conservation and RSF they are mounted.
Districts. Prohibited on individual lots.
(2) Mansard roof. The upper edge of a wall sign
(2) Other residential districts. The display mounted on a mansard roof may project
surface shall not exceed 16 square feet. more than 18 inches so long as the sign is
perpendicular to the ground.
(3) R-A and P Districts. The display surface
area shall not exceed 32 square feet. (B) Number of signs.
(4) C and I Districts. The display surface area (1 ) Single tenant. Where a building houses only
shall not exceed the maximum permitted by one business, a maximum of four (4) wall
§174. 10. signs may be placed on one wall, but no
more than four (4) wall signs may be placed
(Code 1965, 178-9; Ord. No. 1893, 12-19-72; Ord. No. on the building.
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); (2) 'Multiple tenants. Where a building houses
Ord. No. 4226, 2-15-00) more than one business, each business shall
be entitled to one wall sign on the front
174.11 Projecting Signs fa ade near the primary entrance to that
business. If the business occupies a corner
(A) Sidewalks. It shall be unlawful to erect any space, the business is also entitled to a wall
Projecting sign that projects from the wall of a sign on the side exterior wall adjoining its
building upon which it is erected a distance of rented space and on the rear exterior wall if
more than two-thirds of the width of the sidewalk its interior rented space adjoins the rear
(in those instances where there is a sidewalk exterior wall.
next to the building) or within two feet of street
right-of-way (in those instances where there is no (C) Display surface area.
sidewalk next to the building); provided, no
projecting sign shall project more than six (6) feel (1 ) Single tenant. The display surface area shall
from the wall of the building upon which it is not exceed 20% of the first 1000 square feet
erected. of wall area and 5% of any additional wall
(B) Location. Projecting signs shall be located on the area.
vertical surface of a building and shall not be (2) Multiple tenants. Where a building houses
higher than the eave or rafter line, whichever is more than one business, the display surface
higher. Projecting signs shall clear grade level area of each tenant's one allowable wall sign
below the sign by a minimum of eight (8) feet. shall not exceed 150 square feet.
Furthermore, the display surface area for all
(C) Display surface area. The display surface area wall signs on any one wall may not exceed
of a projecting sign shall not exceed 16 square 20% of the total wall area.
feet. Only one (1 ) projecting sign per business
shall be permitted and a projecting sign shall not (D) OH-site wall signs. Off-site wall signs shall be
be permitted on property which has a prohibited in all zoning districts.
freestanding sign.
(D) OH-site. Off-site projecting signs shall be (E) Limitations in residential zoning districts. In RMF
and R-O zoning districts, the following limitations
prohibited in all zoning districts. shall apply:
(E) On-site. On-site projecting signs shall be (1 ) Number of signs. Limit of one on-site wall
prohibited in R-A, RSF, RT, RO and sign per business per building; provided,
Neighborhood Conservation zoning districts. when a building abuts more than one street,
the limit shall be one on-site wall sign per
(Code 1965, 17B-10; Ord. No. 1893, 12-19-72; Ord. No. business per building for each wall which
2255, 7-20-76; Code 1991 , 158.48; Ord. No. 4100, 2 (Ex. faces an abutting A.), 6-16-98) 9 street.
174.12 Wall Signs (2) Display surface area. Display surfaces shall
not exceed 16 square feet.
(A) Projection.
CD174:10 p
I
EXHIBIT "A"
TITLE XV UNIFIED DEVELOPMENT CODE
(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; Ord. No 4500, 7-01 -03)
174.13-174.99 Reserved
CD174: 11
CITY ATTORNEY AGENDA REQUEST
49la
&Cp14Ct CA. /7V
X53,09(6)
FOR: COUNCIL MEETING OF JANUARY 2, 2007
FROM:
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Enact A Replacement Chapter 174 Signs And §153.08 (G) Signs To Clarify
Sign Regulations In Fayetteville
APPROVED FOR AGENDA:
e-6
Date
ELI
Date
1. i1 -Ow
Date
12 (i D
Date
44sm 4rstittadnij
d &ir&m,ta-b
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Alderman Brenda Thiel
CC: Jeremy Pate, Director of Current Planning
Jesse Fulcher, City Planner
FROM: Kit Williams, City Attorney
DATE: December 13, 2006
RE: Sign Ordinance Revision
I. believe that we have now found and corrected all the grammatical
and numerical mistakes within the existing sign ordinance. Below are
summaries of the substantive (most are minor) changes that we propose:
(1) § 174.02 (B) Issuance of a sign permit.
We provided Jeremy (or designee) with five more days before an
inadequate application had to be rejected if not corrected.
(2) §174.03 Exemptions.
We removed the language that the exemptions related only to the
permit requirement and instead authorized the. signs within this subsection.
(3) § 174.03(J) Banners.
We defined and limited. the size of banners to the cross -street banner
size (3' by 30'). We provided new authority for election. campaign signs of
up to 32 square feet (which have been used for years) and lengthened these
large signs' duration from 2 to 3 weeks before the election to which they
refer. (Runoff elections are three weeks after the primary/general election.)
Election campaign banners were allowed to substitute for a special sales
banner.
Special sales event . banners were limited to ten days (instead of
fourteen plus three) for commercial establishments once a year. We do not
need to treat commercial signs (or banners) as leniently as religious/political
signs which are the First Amendment's most protected class of signs. If you
believe ten days once a year is too limited for special sales event banners
(we no longer restrict the normal commercial signs allowed during the
banner's display period), you could lengthen the time up to fourteen days,
twice a year (to match Public Event Banners).
Public Event Banners include both (a) banners on the nonprofit
organization's or government entity's own property (14 days, twice a year)
and (b) cross street banners on Dickson Street (two locations). As long as all
commercial content, logos and advertising is kept off the banners, the City
should be fairly safe from the "billboard lawyers" who seek to install
commercial billboards to challenge a city's sign ordinance. That is why
these should be allowed only for nonprofit and government entities with no
commercial sponsorship identified on the banners. The City will NOT be
able to pick and chose what "public festival or event" may be promoted by
the cross -street banners if this change is approved. I hope we will continue
our good luck with this banner program.
(4) §174.04 Sign Identification.
We clarified this to require that the sign permit number must be so
displayed that it is visible from the ground.
(5) §174.05 Sign Removal.
We removed the requirement that conforming sign supporting
structures had to be removed within 60 days of a business ceasing
operations. Now, the sign must still be removed, but a conforming sign
structure need not be removed in most circumstances.
(6) §174.07 Placing Signs on Public and Private Property.
Some sections involving prohibition of signs were moved to the next
section (Prohibited Signs) and subsection (4) Informational Kiosks was
added pursuant to the previously submitted downtown master plan
ordinance. Subsection (5) Cross street banners refers back to the banners
subsection: §174.03 (J)(3)(b).
(7) §174.08 Prohibited Signs.
Subsections (J), (K), and (L) were moved from the preceding section
with slight changes.
(8) §174.09 Sign Illumination.
The wattage of light for direct illumination of signs was raised from
25 to 150.
(19) §174.10 On -Site Freestanding Signs.
This section had the most changes, but primary for clarity and
consistency rather than substantive changes. Planning has had some
difficulty applying the provision for Joint Identification and Area signs. We
added the new residential zone of Neighborhood Conservation throughout
this ordinance. Please read this section to ensure it is clear and has
continued the appropriate limitations for the various zoning districts.
(10) §174.12 Wall Signs.
The display area for wall signs has been increased to a maximum of
200 square feet (from 150) or 20% of the wall, whichever is less.
(11) §153.08 Miscellaneous Remedies (G) Signs.
This enforcement provision was changed so that conforming sign
structures need not be removed, but nonconforming signs and sign
supporting structures could be ordered removed after a business had ceased
operations for over 60 days.
ORDINANCE NO.
AN ORDINANCE TO ENACT A REPLACEMENT CHAPTER 174
SIGNS AND §153.08 (G) SIGNS TO CLARIFY SIGN REGULATIONS
IN FAYETTEVILLE
WHEREAS,
clarifications of Chapter 174
Signs of
the Unified Development
Code are needed to
harmonize and simplify sign
regulations
in Fayetteville; and
WHEREAS, the length of time the Zoning and Development Administer has
before he must reject a non -compliant sign permit application should be extended from
five to ten business days to avoid unnecessary paperwork, expense, and delay for sign
applicants; and
WHEREAS, wayfinding, informational kiosks and cross -street banners should be
regulated and authorized within the Downtown Master Plan District; and
WHEREAS, a conforming sign supporting structure should not be required to be
removed within 60 days of the business closure or relocation unless it constitutes a
hazard and nuisance; and
WHEREAS, traditional large election campaign signs of up to 32 square feet
should be authorized for up to three weeks prior to the election to which the sign
applies.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby
repeals Chapter 174 Signs of the Unified Development Code in its entirety and enacts
a new Chapter 174 Signs in its stead as shown on Exhibit "A" attached hereto and
made a part hereof.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby
repeals §153.08 (G) Signs in its entirety and enacts a new §153.08 Signs in its stead as
shown on Exhibit "B" attached hereto and made a part hereof.
PASSED and APPROVED this 2nd day of January, 2007.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 174: SIGNS
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.
(6) '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)
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) Blueprintsldrawings. 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), Certificate of Zoning Compliance
or other code provisions, 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 sigh 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 ten 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 a
sign permit has not been completed within
six (6) months after date of issuance, the
said permit shall become null and void.
(C) Appeals of Sign Permit Denials. All decisions
and interpretations of the Zoning and
Development Administrator under this
Chapter shall be considered final
administrative actions for the purpose of the
appeals set forth at 155.O1.
(Ord. No. 1965, 176 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; Ord. 4652, 12-07-04)
CD174:3
Fayetteville Code of Ordinances
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 a sign permit. No sign permit shall be
required for the erection of the following signs which
are hereby authorized to be erected in compliance
with the listed conditions:
(A) Professional name plates. Professional name
plates erected flat on walls of building and not
exceeding four (4) square feet of display surface
area.
(8) 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
Illuminated
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 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 or religious
non-commercial sign may be erected subject
to the 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. Public event, special sales event, and
election campaign banners (not to exceed 3' x
30) and large election campaign signs (not to
exceed 32 square feet) may be installed under
the following terms and conditions:
(1) Election campaign banners and large
signs.
(a) Residential zones including
Neighborhood Conservation, R -O, R -A
and R-PZD. In addition to the non-
commercial sign allowed in subsection
(H), the owner of a residentially zoned
parcel may install one large election
campaign sign of up to 32 square feet
no more than three weeks prior to (and
to be removed within three days
following) the election to which the sign
applies.
(b) All other zones. The owner of a
parcel may install one election
campaign sign of up to 32 square feet
no more than three weeks prior to (and
to be removed within three days
following) the election to which the sign
applies or may substitute and install an
election campaign banner for an allowed
special sales event banner no more
CD174:4 174:4
EXHIBIT "A"
TITLE XV UNIFIED DEVELOPMENT CODE
than two weeks prior to (and to be
pertaining to the lawful business conducted
removed within three days following) the
therein are exempt from the permit requirement,
election to which the banner applies,
but are considered a wall sign to determine
allowable square footage. No signs affixed to a
(2) Special sales event banner In
window and visible outside shall flash or fluctuate
Commercial, Downtown Core,
illumination.
Downtown General, Main Street Central,
and C-PZD zones, a commercial retail
(M) Directional identification and informational signs.
business may advertise a special sales
Directional, identification, and informational signs;
event by. installing a special sales event
provided such signs shall be limited to wall and
banner on its property at least 40' from
freestanding signs with a maximum of four (4)
the street right of way and no higher
square feet of display surface area.
than 30' above street level for a total
Notwithstanding the restrictions on the location
display time of no more than ten days,
and number of freestanding signs prescribed by
no more than one time a year.
§174.10, one freestanding sign not exceeding
four (4) square feet in display surface area shall
(3) Public event banners. Nonprofit
be permitted at each entrance or exit on a lot or
organizations and government entities
parcel to identify such entrance or exit and to
may install public event banners under
encourage the use of motor vehicle seatbelts,
the following conditions:
subject to the following restrictions.
(a) In order to notify or invite the
public to attend a public festival or event
sponsored by the nonprofit organization
or government entity, this organization
may install a public event banner (that
may not contain advertising or
commercial logos) on its property at
least 40' from the street right of way and
no more than 30' above the street for a
total display time of no more than
fourteen days twice a year.
(b) In order to notify or invite the
public to attend a public festival or event
within the Downtown Master Plan area
sponsored by the nonprofit organization
or government entity, that organization
may pay the costs of the City to install
one or two cross street public event
banners (with no advertising or
commercial logos) at Dickson and Block
and/or Dickson and Arkansas for no
more than fourteen days once a year.
When more than one nonprofit
organization or government entity would
qualify to pay for the installation of cross
street banners during the same period,
the number of cross street banners for
each organization may be reduced to
one and/or the length of display may be
shortened to one week so that each
qualified applicant is treated equally.
(K) Signs located in buildings. Any sign located
within a building that is not visible to the public
outside said building is exempt from all
regulations in this chapter.
(L)
Signs on windows.
Signs painted on
or affixed to
glass surfaces
of windows or
doors and
CD174:5
(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.
(3) Advertising. No advertising or commercial
logos may be incorporated into the sign.
(N) Collection boxes. Collection boxes for charitable
or nonprofit organizations containing no
commercial advertising and located on private
property in any Commercial or Industrial 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.
(0) Fuel price informational signs. In any district,
signs advertising the price of motor vehicle fuel
sold from a fuel pump located on the premises
Fayetteville Code of Ordinances
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.
(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, 176-6; 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)
174.04 Sign Identification
Every sign or other advertising structure hereafter
registered shall show the sign permit number in a
conspicuous place thereon which is visible to the
inspector and is readable by the inspector 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)
174.05 Sign Removal
In the event a business ceases operation for a period
of time in excess of 60 days, the sign permit holder or
the property owner shall immediately remove any sign
identifying or advertising said business or any product
sold thereby and any non -conforming sign supporting
structure. A conforming sign supporting structure
need not be removed unless a determination is made
by the Zoning and Development Administrator that the
unoccupied sign structure is a traffic hazard or a
substantial detriment to nearby businesses or
residents such that the structure's removal is
necessary to end a public nuisance.
(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.
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,
178-5:
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)
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, 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
borne 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
CD174:6
EXHIBIT "A"
TITLE XV UNIFIED DEVELOPMENT CODE
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 fifteen (15) 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;
Entertainment Zone, public buildings and
facilities, parking areas, and entertainment
facilities within or near this zone.
(5) Cross Street Banners: Cross Street Banners
may be installed pursuant to §174.03
(])(3)(b).
(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; Ord. No. 4622, 9-21-04)
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)
(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 (C)
division; and
(g) Temporary signs. No such organization
shall install, or be issued a permit to
install a temporary sign on public
property pursuant to the provisions of (D)
this division more often than six (6)
times within a 12 -month period.
(3) Small banners on certain city light poles. The
City may prepare and install banners not
(E) Windblown signs. It shall be unlawful for any
exceeding seven square feet on city light
person to display any windblown sign; provided,
poles specially designed and constructed for
windblown signs may be displayed on a lot, at a
such banners within the boundaries of the
shopping center, or at a mall one time per year
Downtown Master Plan Area. These small
for a period not to exceed 72 hours if a temporary
banners may include the name of the
sign permit is first obtained from the Planning
commercial or noncommercial enterprise
Division upon payment of the appropriate fee;
sponsoring the banner, but shall contain no
provided further, one company flag shall be
advertising or slogans of the sponsor.
permitted to be flown in conjunction with the
United States Flag or Arkansas Flag or both on a
(4) Informational kiosks. Informational kiosks
lot, at a shopping center, or mall.
with a map of the Downtown Master Plan
Area may be placed within city right-of-way
(F) Signs that constitute a traffic hazard. No sign or
by the City. The kiosks shall contain only a
other advertising structure as regulated by this
map and/or description of the Downtown
chapter shall be erected at the intersection of any
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, intermittent 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.
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.
Revolving, rotating, or moving signs. It shall be
unlawful for any person to erect or to continue
using any sign on the exterior of which revolves,
rotates or otherwise moves, in whole or part.
CD174:7
Fayetteville Code of Ordinances
street in such a manner as to obstruct free and (3) Illumination. Sign may be illuminated by
clear vision; or at any location where, by reason indirect illumination only.
of the wording, position, shape, or color, it may
interfere with, obstruct the view of or be confused (4) Setback from right-of-way. Sign shall be
with any authorized traffic sign, signal or device. setback 35 feet from existing street right-of-
way and 25 feet from any R or R -O District.
(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.
(I) Roof Signs. Roof signs shall not be permitted.
(J) Placing signs on private property. No signs shall
be placed on any private property without the
consent of the owner thereof.
(K) Placing signs on trees. No signs shall be placed
or painted on any tree within the city's right-of-
way or property.
(L) Placing signs on utility poles. No signs shall be
placed on any utility pole except for utility
identification or similar purposes.
Cross reference(s)--Variance, Ch. 156, Appeals, Ch.
155.
(Code 1965, 178-7(b), (e) --(k); 176-8; 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)
174.09 Sign Illumination
Direct illumination by incandescent light bulbs shall be
restricted to light bulbs rated at 150 watts or less.
(Code 1965, 178-7(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)
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.
(2) Display surface area. Display surface area
shall not exceed 16 square feet.
(B) RSF, RT and Neighborhood Commercial
Districts. Except pursuant to 174.03 (C), (H) and
(J), freestanding signs shall be prohibited and no
freestanding signs shall be erected in RSF, RT
and Neighborhood Commercial Districts of the
City.
(C) R -O and RMF Districts. One freestanding sign
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 RSF District and 15 feet
from all other zoning districts.
(5) Illumination. The sign shall be illuminated by
indirect illumination only.
(6) In lieu of the above freestanding sign, one
freestanding bulletin board of up to ten
square feet may be installed in an RMF
district pursuant to the above requirements
and §174.03 (p).
(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.
area shall not exceed
provided, the display s
be increased two (2)
each one (1) foot the
from street right-of-way
Display surface
10 square feet;
irface area may
square feet for
sign is setback
beyond 15 feet,
CD174:8
EXHIBIT "A"
TITLE XV UNIFIED DEVELOPMENT CODE
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.
(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 / Districts. Display surface shall
not exceed 300 square feet.
(d) Size limitation for freestanding sign if
business displayed on joint
indentification sign. If a business name
or logo is placed upon a joint
identification sign, that business's
freestanding sign may not exceed 32
square feet.
(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.
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 sign orbulletin
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 set
back a minimum of 10 feet from the street right-
of-way, 25 feet from adjoining property, and may
be substituted for a freestanding sign permitted
by §174.10., provided the display surface area
meets the following:
(1) Neighborhood Conservation and RSF
Districts. Prohibited on individual lots.
(2) Freestanding signs. Freestanding signs
shall be subject to the following: (2) Other residential districts. The display
surface shall not exceed 16 square feet.
(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
CD174:9
(3) R -A
and
P Districts.
The display surface
area
shall
not exceed
32 square feet.
Fayetteville Code of Ordinances
(4) C and I Districts. The display surface area
(B) Number of signs.
shall not exceed the maximum permitted by
§174.10.
(1) Single tenant. Where a building houses only
one business, a maximum of four (4) wall
(Code 1965, 176-9; Ord. No. 1893, 12-19-72; Ord. No,
signs may be placed on one wall, but no
3008, 5-1-84; Ord. No. 3029, 8-21-84; Ord. No. 3294, 9-15-
more than four (4) wall signs may be placed
87; Code 1991, 158.47; Ord. No. 4100, 2 (Ex. A), 6-16-98);
on the building.
Ord. No. 4226, 2-15-00)
(2) Multiple tenants. Where a building houses
174.11 Projecting Signs
more than one business, each business shall
be entitled to one wall sign on the front
(A) Sidewalks. It shall be unlawful to erect any
fascade near the primary entrance to that
projecting sign that projects from the wall of a
business. If the business occupies a comer
building upon which it is erected a distance of
space, the business is also entitled to a wall
sign on the side exterior wall adjoining its
more than two-thirds of the width of the sidewalk
rented space and on the rear exterior wall if
(in those instances where there is a sidewalk
its interior rented space adjoins the rear
next to the building) or within two feet of street
exterior wall.
right-of-way (in those instances where there is no
sidewalk next to the building); provided, no
(C) Display surface area.
projecting sign shall project more than six (6) feet
from the wall of the building upon which it is
(1) Single tenant. The display surface area shall
erected,
not exceed 20% of the first 1000 square feet
of wall area and 5% of any additional wall
(B) Location. Projecting signs shall be located on the
vertical surface of a building and shall not be
area.
higher than the eave or rafter line, whichever is
(2) Multiple tenants. Where a building houses
higher. Projecting signs shall clear grade level
more than one business, the display surface
below the sign by a minimum of eight (8) feet.
area of each tenant's one allowable wall sign
(C) Display surface area. The display surface area
shall not exceed 150 square feet.
Furthermore, the display surface area for all
of a projecting sign shall not exceed 16 square
wall signs on any one wall may not exceed
feet. Only one (1) projecting sign per business
20% of the total wall area.
shall be permitted and a projecting sign shall not
be permitted on property which has a
(D) Off -site wall signs. Off -site wall signs shall be
freestanding sign.
prohibited in all zoning districts.
(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, RO and
Neighborhood Conservation 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)
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.
(E) Limitations in residential zoning districts. In RMF
and R -O zoning districts, the following limitations
shall apply:
(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, 176-11; Ord. No. 1693, 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; Ord. No 4500, 7-01-03)
CD174:10
EXHIBIT "B"
TITLE XV UNIFIED DEVELOPMENT CODE
153.08 MISCELLANEOUS REMEDIES
(G) Signs.
(1) Removal of nonconforming, dilapidated
or dangerous signs.
If the Zoning and Development
Administrator shall find that any sign or the
sign supporting structure is unsafe or
insecure, is a menace to the public, is
abandoned or maintained in a dilapidated
condition, or has been constructed or is
being maintained in violation of the
provisions of Chapter 174 or other
provisions of the Unified Development
Code, the Administrator shall give written
notice of the violation or problem to the
sign permittee or owner of the property on
which the sign is located. The notice shall
require removal of the sign and/or
structure within seven days. If the
permittee or owner fails to remove or alter
the sign or sign supporting structure so as
to comply with the standards set forth in
Chapter 174 within seven (7) days of the
receipt of said notice, the City may remove
or alter such sign or sign supporting
structure to comply with the Unified
Development Code. All expense
incidental to such removal or alteration
shall be charged to the owner of the
property upon which the sign is or was
located and shall constitute a lien upon the
property.
(2) Summary removal of signs
and sign supporting structures
which constitute an immediate
and substantial peril.
The Zoning and Development
Administrator may cause any sign or sign
supporting structure which is an immediate
and substantial peril to persons or property
to be removed summarily without notice.
Such signs or other sign supporting
structures are hereby declared to be a
public nuisance. When any sign or sign
supporting structure is removed summarily
without notice, the owner or lessee thereof
shall have the right to be heard at the
post -seizure administrative hearing before
the Planning Commission to determine
whether there was probable cause to
remove the sign summarily.
The Planning Commission may affirm
the Zoning and Development
Administrator's decision and place a lien
upon the property for the City's expense in
removing the sign and/or structure or it
may order the City to replace the sign
and/or structure at the City's expense if it
determines that there was no substantial
and immediate peril justifying summary
removal of the sign or sign structure.
(3) Removal of sign after business
cessation for sixty (60) days.
If a property owner fails to remove
the sign and/or nonconforming sign
supporting structure of the business that
has ceased operation for a period of time
in excess of 60 days, the Zoning and
Development Administrator shall issue a
written notice to the sign permittee and to
the property owner, which notice shall
state that such sign and/or nonconforming
sign supporting structure must be removed
within seven days. If the sign permittee
owner or property owner fails to comply
with such written notice to remove, the
Zoning and Development Administrator
is hereby authorized to cause removal of
such sign and/or nonconforming sign
supporting structure, and any expense
incidental to such removal shall be
charged to the owner of the property
upon which the sign and/or nonconforming
sign supporting structure is located and
shall constitute a lien upon the
property.
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: City Council
FROM: Kit Williams, City Attorney
DATE: January 10, 2007
RE: Sign Ordinance Revisions by Ordinance Review Committee
Attached is the Sign Ordinance incorporating the changes
recommended by .the Ordinance Review Committee. All changes are in
bold. The changes are as follows:
(1) §174.03(J)(1)(b): Nonresidential zones may have one large
campaign sign per 100 feet of street frontage instead of only one per parcel.
(2) §174.03(J)(3)(a): Only 20' rather than 40' is required from the
street right of way or the banner may be placed on the building's facade.
The nonprofit or government entity may display the banners for 6 two week
periods (almost a quarter of the year), rather than only twice.
(3) §174.03 (J)(3)(b): U of A campus added to Downtown Master
Plan area for event locations. "Timely requests" added to qualified requests
for use of the cross street banners to give administrators authority to reserve
time periods for banner .display for a reasonable period of time before the
installation of the cross street banners.
If these changes are satisfactory, please move to amend Exhibit A to
the enacting Ordinance to conform with the attached document.
Cl,rr�ycr k.
TITLE. XV UNIFIED DEVELOPMENT CODE
CHAPTER 174: SIGNS
£74.01 GENERAL REGULATIONS.................................................
174.02 PERMIT APPLICATIONIISSUANCE............................................
174.03 EXEMPTIONS...............................................................................
174.04 SIGN IDENTIFICATION................................................................
174.05 SIGN REMOVAL...........................................................................
174.06 NONCOMMERCIAL SIGNS.........................................................
174.07 PLACING SIGNS ON PUBLIC AND PRIVATE PROPERTY.......
174.08 PROHIBITED SIGNS....................................................................
174.09 SIGN ILLUMINATION....................................................................
174.10 ON -SITE FREESTANDING SIGNS ..............................................
174.11 PROJECTING SIGNS....................................................................
174.12 WALL SIGNS................................................................................
174.13-174.99 RESERVED........................................................................
..............................
3
..............................
3
................................ 4
................................
6
...............................
6
........................... 6
........................... 6
..................11
kjot et 11\. �0�4
........ 7
CD174:1
EXHIBIT "A"
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 174: SIGNS
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 Administrators 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, 178-3(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)
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), Certificate of Zoning Compliance
or other code provisions, 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 ten 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 a
sign permit has not been completed within
six (6) months after date of issuance, the
said permit shall become null and void.
(C) Appeals of Sign Permit Denials. All decisions
and interpretations of the Zoning and
Development Administrator under this
Chapter shall be considered final
administrative actions for the purpose of the
appeals set forth at 155.01.
(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; Ord. 4652, 12-07-04)
CD174:3
EXHIBIT "A"
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 174: SIGNS
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 Administrators 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)
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), Certificate of Zoning Compliance
or other code provisions, 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 ten 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 a
sign permit has not been completed within
six (6) months after date of issuance, the
said permit shall become null and void.
(C) Appeals of Sign Permit Denials. All decisions
and interpretations of the Zoning and
Development Administrator under this
Chapter shall be considered final
administrative actions for the purpose of the
appeals set forth at 155.01.
(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; Ord. 4652, 12-07-04)
CD174:3
Fayetteville Code of Ordinances
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 a sign permit. No sign permit shall be
required for the erection of the following signs which
are hereby authorized to be erected in compliance
with the listed conditions:
(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•
Illuminated
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 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 or religious
non-commercial sign may be erected subject
to the 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. Public event, special sales event, and
election campaign banners (not to exceed 3'x
30) and large election campaign signs (not to
exceed 32 square feet) may be installed under
the following terms and conditions:
(1) Election campaign banners and large
signs.
(a) Residential zones including
Neighborhood Conservation, R -O, R -A
and R-PZD. In addition to the non-
commercial sign allowed in subsection
(H), the owner of a residentially zoned
parcel may install one large election
campaign sign of up to 32 square feet
no more than three weeks prior to (and
to be removed within three days
following) the election to which the sign
applies.
(b) All other zones. The owner of a
parcel may install one election
campaign sign of up to 32 square feet
no more than three weeks prior to (and
to be removed within three days
following) the election to which the sign
applies. If the parcel has more than
100 feet of frontage on a street, the
owner may install one large
CD174:4
EXHIBIT "A"
TITLE XV UNIFIED
DEVELOPMENT CODE
campaign sign per hundred feet of
(K)
Signs located in buildings. Any sign located
frontage and may substitute and install
within a building that is not visible to the public
an election campaign banner for an
outside said building is exempt from all
allowed special sales event banner no
regulations in this chapter.
more than two weeks prior to (and to be
removed within three days following) the
(L)
Signs on windows. Signs painted on or affixed to
election to which the banner applies,
glass surfaces of windows or. doors and
pertaining to the lawful business conducted
(2) Special sales event banner In
therein are exempt from the permit requirement,
Commercial, Downtown Core,
but are considered a wall sign to determine
Downtown General, Main Street Central,
allowable square footage. No signs affixed to a
and C-PZD zones, a commercial retail
window and visible outside shall flash or fluctuate
business may advertise a special sales
illumination.
event by installing a special sales event
banner on its property at least 40' from
(M)
Directional identification and informational signs.
the street right of way and no higher
Directional, identification, and informational signs;
than 30' above street level for a total
provided such signs shall be limited to wall and
display time of no more than ten days,
freestanding signs with a maximum of four (4)
no more than one time a year.
square feet of display surface area.
Notwithstanding the restrictions on the location
(3) Public event banners. Nonprofit
and number of freestanding signs prescribed by
organizations and government entities
§174.10, one freestanding sign not exceeding
may install public event banners under
four (4) square feet in display surface area shall
the following conditions:
be permitted at each entrance or exit on a lot or
parcel to identify such entrance or exit and to
(a) In order to notify or invite the
encourage the use of motor vehicle seatbelts,
public to attend a public festival or event
subject to the following restrictions.
sponsored by the nonprofit organization
or government entity, this organization
(1) Traffic hazani. No such sign shall be
may install a public event banner (that
erected which would create a traffic hazard.
may not contain advertising or
commercial logos) on its property at
(2) Seat belt sign. Any words or symbols
least 20' from the street right of way or
encouraging the use of seatbelts shall face
on the building's facade and no more
the interior of the lot or parcel on which the
than 30' above the street for a total
sign is located and shall not face the street.
display time of no more than fourteen
days six times a year.
(3) Advertising. No advertising or commercial
logos may be incorporated into the sign.
(b) In order to notify or invite the
public to attend a public festival or event
(N)
Collection boxes. Collection boxes for charitable
within the Downtown Master Plan area
or nonprofit organizations containing no
or the University of Arkansas campus
commercial advertising and located on private
sponsored by the nonprofit organization
property in any Commercial or Industrial zoning
or government entity, that organization
districts.
may pay the costs of the City to install
one or two cross street public event
(O)
Subdivision signs. In any district, one temporary
banners (with no advertising or
subdivision identification sign indirectly
commercial logos) at Dickson and Block
illuminated, not to exceed 50 square feet in area
and/or Dickson and Arkansas for no
per surface may be erected at any principal
more than fourteen days once a year.
entrance to a subdivision, provided that in no
When more than one nonprofit
event shall such sign remain for more than six (6)
organization or government entity would
months within 50 feet of a dwelling in a R district
qualify and timely requests to pay for
occupied as a dwelling.
the installation of cross street banners
during the same period, the number of
(P)
Freestanding bulletin boards. A freestanding
cross street banners for each
bulletin board shall be set back a minimum of 15
organization may be reduced to one
feet from street right-of-way; and any bulletin
and/or the length of display may be
board having a display surface area in excess of
shortened to one week so that each
10 square feet shall be set back from street right -
qualified applicant is treated equally.
of -way an additional one (1) foot for each two (2)
square feet of display surface area in excess of
CD174:5
Fayetteville Code of Ordinances
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.
(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(8).
(Code 1965, 178-6; 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)
174.04 Sign Identification
Every sign or other advertising structure hereafter
registered shall show the sign permit number in a
conspicuous place thereon which is visible to the
inspector and is readable by the inspector 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)
174.05 Sign Removal
In the event a business ceases operation for a period
of time in excess of 60 days, the sign permit holder or
the property owner shall immediately remove any sign
identifying or advertising said business or any product
sold thereby and any non -conforming sign supporting
structure. A conforming sign supporting structure
need not be removed unless a determination is made
by the Zoning and Development Administrator that the
unoccupied sign structure is a traffic hazard or a
substantial detriment to nearby businesses or
residents such that the structure's removal is
necessary to end a public nuisance.
(Code
1965, 178-4A; 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,
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)
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, 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
borne 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
CD174:6
EXHIBIT "A"
TITLE XV UNIFIED DEVELOPMENT CODE
directing the reader to scenic or historic
(4) Informational kiosks. Informational kiosks
trails,
with a map of the Downtown Master Plan
Area may be placed within city right-of-way
(2) Nonprofit organizations. Nonprofit
by the City. The kiosks shall contain only a
organizations shall be allowed to place
map and/or description of the Downtown
temporary signs of a noncommercial nature
Entertainment Zone, public buildings and
on public property for the purpose of
facilities, parking areas, and entertainment
directing the general public to the location of
facilities within or near this zone.
an event or activity which promotes the
(5) Cross Street Banners. Cross Street Banners
general public welfare. The placement of
may be installed pursuant to §174.03
such temporary signs shall be subject to the
(3)(3)(b).
following conditions:
(Code 1965, 178-7(c); Ord. No. 1893, 12-19-72; Ord. No.
(a) Display surface area. The maximum
2934, 8-2-83; Ord, No. 2948, 9-20-83; Ord. No. 3298, 10 -6 -
display surface area of each sign shall
87; Code 1991, 159.37; Ord. No. 3677, 1, 3-2-93; Ord. No.
not exceedfifteen (15) square feet;
4100, 2 (Ex. A), 6-16-98; Ord. No, 4622, 9-21-04)
(b) Number of signs. No more than three
174.08 Prohibited Signs
(3) signs directing the general public to
such an event or activity shall be placed
(A) Spot lights and beacons. It shall be unlawful for
on public property at the same time by
any person to continue in operation or erect any
one such organization;
attraction device or sign which contains a beacon
of any type and/or contains a spot light providing
(c) Organization name. Each such sign
direct illumination to the public.
shall identify the nonprofit organization
by name;
(B) Fluctuating illumination. It shall be unlawful for
any person to erect additional attraction devices
(d) Temporary sign. No such temporary
or signs or to continue in operation an attraction
sign shall be placed on public property
device or sign which flashes, blinks, or is
for more than five (5) successive days;
animated. Illumination of attraction devices or
signs located in the city that fluctuates in light
(e) Location/approval. The location of each
intensity shall be prohibited. Electronic message
such sign shall be approved by the
boards using flashing, intermittent or moving light
Planning and Zoning Administration or
or lights are prohibited, provided, however, that
designee to ensure that the signs will
electronic message boards displaying only time
not constitute a traffic hazard;
and/or temperature for periods of not less than 30
seconds are permitted. Electronic message
(f) Permit/number of signs. The
boards may change their message every three
organization applies for, and is issued, a
hours without violating the prohibition of flashing
sign permit: one permit may authorize
or blinking.
installation of up to three (3) signs
pursuant to the provisions of this
(C) Portable swinger or temporary attraction sign
division; and
boards. It shall be unlawful for any person to
continue to display or erect any portable swinger,
(g) Temporary signs. No such organization
"A" frame, sandwich, or temporary attraction sign
shall install, or be issued a permit to
board in the city.
install a temporary sign on public
property pursuant to the provisions of
(D) Revolving, rotating, or moving signs. It shall be
this division more often than six (6)
unlawful for any person to erect or to continue
times within a 12 -month period,
using any sign on the exterior of which revolves,
rotates or otherwise moves, in whole or part.
(3) Small banners on certain city light poles. The
City may prepare and install banners not
(E) Windblown signs. It shall be unlawful for any
exceeding seven square feet on city light
person to display any windblown sign; provided,
poles specially designed and constructed for
windblown signs may be displayed on a lot, at a
such banners within the boundaries of the
shopping center, or at a mall one time per year
Downtown Master Plan Area. These small
for a period not to exceed 72 hours if a temporary
banners may include the name of the
sign permit is first obtained from the Planning
commercial or noncommercial enterprise
Division upon payment of the appropriate fee;
sponsoring the banner, but shall contain no
provided further, one company flag shall be
advertising or slogans of the sponsor.
permitted to be flown in conjunction with the
CD174:7
Fayetteville Code of Ordinances
United States Flag or Arkansas Flag or both 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.
(I) Roof Signs. Roof signs shall not be permitted.
(J) Placing signs on private property. No signs shall
be placed on any private property without the
consent of the owner thereof.
(K) Placing signs on trees. No signs shall be placed
or painted on any tree within the city's right-of-
way or property.
(L) Placing signs on utility poles. No signs shall be
placed on any utility pole except for utility
identification or similar purposes.
Cross reference(s)--Variance, Ch. 156, Appeals, Ch.
155.
(Code 1965, 178-7(b), (e) --(k); 178-8; 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)
174.09 Sign Illumination
Direct illumination by incandescent light bulbs shall be
restricted to light bulbs rated at 150 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), 6-16-96)
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.
(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, RT and Neighborhood Commercial
Districts. Except pursuant to 174.03 (C), (H) and
(J), freestanding signs shall be prohibited and no
freestanding signs shall be erected in RSF, RT
and Neighborhood Commercial Districts of the
City.
(C) R -O and RMF Districts. One freestanding sign
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 RSF District and 15 feet
from all other zoning districts.
(5) Illumination. The sign shall be illuminated by
indirect illumination only.
(6) In lieu of the above freestanding sign, one
freestanding bulletin board of up to ten
square feet may be installed in an RMF
district pursuant to the above requirements
and §174.03 (P).
(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:
CD174:8
EXHIBIT "A"
TITLE XV UNIFIED DEVELOPMENT CODE
(a) Display surface area. Display surface
(a) Display surface area. Display surface
area shall not exceed 10 square feet;
area shall not exceed 10 square feet;
provided, the display surface area may
provided, the display surface area may
be increased two (2) square feet for
be increased two square feet for each
each one (1) foot the sign is setback
one foot the sign is setback from street
from street right-of-way beyond 15 feet,
right-of-way beyond 15 feet; provided
provided further, the maximum display
further, the maximum display surface
surface area for a sign which is setback
area for a sign which setback from
from street right-of-way 40 feet or more
street right-of-way 40 feet or more shall
shall be 75 square feet.
be 75 square feet.
(b) Setback from right-of-way. Setback
shall be a minimum of 15 feet from
(b) Setback from right-of-way Setback
street right-of-way,
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
(c) Setback from Adjoining property.
from the boundary of any adjoining
Setback shall be a minimum of 25 feet
property.
from the boundary of any adjoining
property.
(3)
Joint identification sign. The display surface
area of joint identification signs may be
(F) P Districts. One Freestanding sign or bulletin
increased to one square foot per 500 square
board may be erected.
feet of gross leaseable building area over
37,500 square feet located, as approved by
(G) Area signs.
the Planning Division, at no more than two
(2) remote entrance locations. The permit
(1) Size/location. The size and location of the
applicant shall provide a recorded legal
fence, wall, or other structure which will
document as approved by the Planning
contain the area identification sign must be
Division indicating ownership and
approved by the Planning Division, who will
responsibility for maintenance of sign and
approve such structure upon the criterion of
subject to the following:
traffic safety sight lines.
(a) R Districts. Prohibited.
(a) Areas with more than one entrance may
not have a sign at more than two
(b) R -O District. Monument sign permitted
locations.
with a maximum display surface area of
32 square feet.
(b) An area sign with display on one side
located on each side of an entrance
(c) C and I Districts. Display surface shall
street may be substituted for a single
not exceed 300 square feet.
sign with display on both sides.
(d) Size limitation for freestanding sign if
(2) Display surface area,
business displayed on joint
indentification sign. If a business name
(a) A, P, R, and R -O Districts. Display area
or logo is placed upon a joint
shall not exceed 32 square feet.
identification sign, that business's
freestanding sign may not exceed 32
(b) C and / Districts. Display area shall not
square feet.
exceed 75 square feet.
(E) I Districts.
(H) Monument signs. A monument sign shall be set
back a minimum of 10 feet from the street right -
(1)
Number of signs. Only one on -site
of -way, 25 feet from adjoining property, and may
freestanding sign shall be permitted on a lot,
be substituted for a freestanding sign permitted
at a shopping center, or at a mall; provided
by §174.10., provided the display surface area
only one on -site freestanding sign shall be
meets the following:
permitted for any business operating on two
or more adjoining lots.
(1) Neighborhood Conservation and RSF
Districts. Prohibited on individual lots.
(2)
Freestanding signs. Freestanding signs
shall be subject to the following:
(2) Other residential districts. The display
surface shall not exceed 16 square feet.
CD174:9
Fayetteville Code of Ordinances
(3) R -A and P Districts. The display surface (B) Number of signs.
area shall not exceed 32 square feet.
(1) Single tenant. Where a building houses only
(4) C and I Districts. The display surface area one business, a maximum of four (4) wall
shall not exceed the maximum permitted by signs may be placed on one wall, but no
§174.10. more than four (4) wall signs may be placed
on the building.
(Code 1965, 17B-9; Ord. No. 1893, 12-19-72; Ord. No. (2) Multiple tenants. Where. a building houses
3008, 5-1-84; Ord. No. 3029, 8-21-84; Ord. No, 3294, 9-15- more than one business, each business shall
87; Code 1991, 158.47; Ord. No. 4100, 2 (Ex. A), 6-16-98); be entitled to one wall sign on the front
Ord. No. 4226, 2-15-00) fascade near the primary entrance to that
business. If the business occupies a corner
174.11 Projecting Signs
space, the business is also entitled to a wall
sign on the side exterior wall adjoining its
(A) Sidewalks. It shall be unlawful to erect any rented space and on the rear exterior wall if
projecting sign that projects from the wall of a its interior rented space adjoins the rear
building upon which it is erected a distance of exterior wall.
more than two-thirds of the width of the sidewalk
(in those instances where there is a sidewalk (C) Display surface area.
next to the building) or within two feet of street
right-of-way (in those instances where there is no (1) All signs. The display surface area of all wall
sidewalk next to the building); provided, no signs on any one wall shall not exceed 200
projecting sign shall project more than six (6) feet square feet or 20% of the area of the wall on
from the wall of the building upon which it is which they are located, whichever is less.
erected.
(2) Multiple tenants. Where a building houses
(B) Location. Projecting signs shall be located on the more than one business, the display surface
vertical surface of a building and shall not be area of the tenants' one allowable wall sign
higher than the eave or rafter line, whichever is shall not exceed 200 square feet or 20% of
higher. Projecting signs shall clear grade level the area of the tenant's individual wall space,
below the sign by a minimum of eight (8) feet. whichever is less. Furthermore, in no case
shall the display surface area of all wall signs
(C) Display surface area. The display surface area on any one wall exceed 200 square feet or
of a projecting sign shall not exceed 16 square 20% of the total wall area, whichever is less.
feet. Only one (1) projecting sign per business
shall be permitted and a projecting sign shall not
be permitted on property which has a (D) Oo-site wall n lOff-site wall signs shall be
freestanding sign.
prohibited in all zoning districts.
(D) Off -site. Off -site projecting signs shall be (E) Limitations in residential zoning districts. In RMF
prohibited in all zoning districts. and R -O zoning districts, the following limitations
shall apply:
(E) On -site. On -site projecting signs shall be
prohibited in R -A, RSF, RT, RO and
Neighborhood Conservation zoning districts.
(Code 1965, 17B-10; Ord.
2255, 7-20-76; Code 1991,
A.), 6-16-98)
174.12 Wall Signs
(A) Projection.
No. 1893, 12-19-72; Ord, No.
158.48; Ord. No. 4100, 2 (Ex.
(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 thah 18 inches so long as the sign is
perpendicular to the ground.
(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, 178-11; 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, Cl,. 159.
CD174:10
(1.22.07) Clarice Pearman - Ord. 4972 Replace Ch174 & 153.08 Signs Page 1
From: Clarice Pearman
To: Williams, Kit
Date: 1.22.07 4:52 PM
Subject: Ord. 4972 Replace Ch174 & 153.08 Signs
Attachments: -4972 Replace Ch 174 & 153.08(G) Signs.pdf
Kit,
Attached is a copy of the above ordinance passed by City Council, January 16, 2007. Please let me know if anything else is
needed.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
NORTHWEST ARKANSAS EDITION
•
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
Ordinance 4972
Was inserted in the Regular Editions:
January 25, 2007
Publication Charge: $1002.25
Subscribed and sworn to before me
This day of 2007.
Notary Public �ILGLCekQJvid,
My Commission Expires: Sharlene O. Williams
Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
RECEIVED
JAN 292007
CITY OF FAYETTEVILLE
CITY CLERK'S OFF'"
EXHIBIT A
174.01
GENERAL REGULATIONS............................................................................................................3
174.02
PERMIT APPLICATION/ISSUANCE...............................................................................................3
174.03
EXEMPTIONS.................................................................................................................:................4
174.04
SIGN IDENTIFICATION...............................:.:................................................................................6
174.05
SIGN REMOVAL..............................................................................................................................6
174.06
NONCOMMERCIAL SIGNS.............................................. . ................. ........ .
174.07
PLACING SIGNS ON PUBLIC AND PRIVATE PROPERTY..........................................................7
174.08
PROHIBITED SIGNS.....................:..:..............................................................................................8
174.09
SIGN ILLUMINATION......................................................................................................................9
174.10
ON -SITE FREESTANDING SIGNS.................................................................................................9
174.11
PROJECTING SIGNS....................................................................................................................11
174.12
WALL SIGNS.................................................................................................................................11
174.13-174.99
RESERVED. ................. ........................... .............................. ................. ........... ........
CHAPTER 174: SIGNS
174.01 General Regulations
construction and attachment to the
building or in the ground.
(A) Permit required. It shall be unlawful for any
person to erect, repair, alter, relocate or
(5)
Person erecting structure. Name of
keep within the city any sign or other
person, firm, corporation, or association
advertising structure except as exempted
erecting structure.
herein without first obtaining a sign permit
from the Zoning and Development -
. (6)
Consent of owner. Written consent of
Administrator or designee.
the owner of the building, structure, or
land to which or on which the structure
(B) Illuminated signs. All illuminated signs shall,
is to be erected.
in addition, be subject to the provisions of ,,
the electrical code, and the permit fees
- (7)
Electrical permit. Any electrical permit
required thereunder. — —
—
required and issued for said sign.
Application requesting electrical permit
(C) Fees. Every applicant, before being granted
for proposed sign must accompany sign
a permit hereunder, shall pay to the Zoning
application.
and Development Administrator's Office the
permit fee set forth in Chapter 159.
(8)
Full Compliance With Applicable Code
Provisions. If the proposed sign is
(D) Maintenance of premises. All freestanding
.
subject to the provisions of the
signs and the premises surrounding the
Commercial Design Standards
same shall be maintained by the owner
(§166.14), Design Overlay District
thereof in a clean, sanitary, and inoffensive
(§161.21), Certificate of Zoning
condition, and free and clear of all
Compliance or other code provisions,
obnoxious substances, rubbish and weeds.
the applicant must show full compliance
with all applicable code provisions,
(Code 1965, §§17B -3(a), (c), (e), 4(b); Ord. No.
including necessary approvals by
1893, 12-19-72; Ord. No. 2198, 2-17-76; Ord.
responsible bodies such as the Planning
No. 2790, 1-18-82; Code 1991, §§158.05,
Commission.
158.20, 158.22, 158.24, 158.38; Ord. No.3925,
§4, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98)
(B)
Issuance of sign permit. It shall be the
duty of the Zoning and Development
174.02 Permit Applicationllssuance
Administrator or designee, upon the
filing of an application for an erection
(A) Application. Applications for initial sign
permit, to examine such plans and
permits shall be made upon forms provided
specifications and other data and the
by the Zoning and Development
premises upon which it is proposed to
Administrator and shall contain or have
erect the sign or other advertising
attached thereto the following information:
structure, and if it shall appear that the
proposed structure and sign are in full
(1) Applicant identification. Name, address
compliance with all the requirements of
and telephone number of the applicant,
this chapter and all other laws and
ordinances of the city, he shall within
(2) Location. Location of building, structure,
five business days issue the sign permit.
or lot to which or upon which the sign or
If the Zoning and Development
other advertising structure is to be
Administrator or designee fails to reject
attached or erected.
a completed sign application (that
purports to show full compliance with all
(3) Position. Position of the sign or other
code requirements) within ten business
advertising structure in relation to
days of its submission by written
nearby buildings or structures.
explanation of why such application fails
to meet all code requirements, the sign
(4) Blueprints/drawings. Two blueprints or
application shall be deemed approved
ink drawings of the plans and
and a sign permit shall be immediately
specifications and method of
issued to the applicant. If the work
authorized under a sign permit has not
been completed within six (6) months
after date of issuance, the said permit
shall become null and void.
(C) Appeals of Sign Permit Denials. All
decisions and interpretations of the
Zoning and Development Administrator
under this Chapter shall be considered
final administrative actions for the
purpose of the appeals set forth at §
155.01.
District
Permitted
Illumination
Area (Sq. Ft.)
RA
Nonilluminated
32
R, R -O
Nonilluminated
8
P-1, C and I
Illuminated
32
(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; Ord. 4652, 12-07-04)
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 a sign permit. No sign permit
shall be required for the erection of the following
signs which are hereby authorized to be erected
in compliance with the listed conditions:
(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
01 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:
(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 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 or
religious non-commercial sign may be
erected subject to the 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
I-
t
without being considered to be in violation of
§174.08 B. Fluctuating Illumination".
(J) Banners. Public event, special sales
event, and election campaign banners (not
to exceed 3' x 30') and large election
campaign signs (not to exceed 32 square
feet) may be installed under the following
terms and conditions:
(1) Election campaign banners and
large signs.
(a) Residential zones including
Neighborhood Conservation, R -O,
R -A and R-PZD. In addition to the
non-commercial sign allowed in
subsection (H), the owner of a
residentially zoned parcel may
install one large election campaign
sign of up to 32 square feet no more
than sixty days prior to (and to be
removed within three days following)
the election to which the sign
applies.
(b) All other zones. The owner
of a parcel may install one election
campaign sign of up to 32 square
feet no more than sixty days prior to
(and to be removed within three
days following) the election to which
the sign applies. If the parcel has
more than 100 feet of frontage on a
street, the owner may install one
large campaign sign per hundred
feet of frontage and may substitute
and install an election campaign
banner for an allowed special sales
event banner no more than two
weeks prior to (and to be removed
within three days following) the
election to which the banner applies.
(3) Public event banners. Nonprofit
organizations and government
entities may install public event
banners under the following
conditions:
(a) In order to notify or invite
the public to attend a public festival
or event sponsored by the nonprofit
organization or government entity,
this organization may install a public
event banner (that may not contain
advertising or commercial logos) on
its property at least 20' from the
street right of way or on the
building's facade and no more than
30' above the street for a total
display time of no more than
fourteen days six times a year.
(b) In order to notify or invite
the public to attend a public festival
or event within the Downtown
Master Plan area or the University
of Arkansas campus sponsored by
the nonprofit organization or
government entity, that organization
may pay the costs of the City to
install one or two cross street public
event banners (with no advertising
or commercial logos) at Dickson and
Block and/or Dickson and Arkansas
for no more than fourteen days once
a year. When more than one
nonprofit organization or
government entity would quality and
timely requests to pay for the
installation of cross street banners
during the same period, the number
of cross street banners for each
organization may be reduced to one
and/or the length of display may be
shortened to one week so that each
qualified applicant is treated equally.
(2) Special sales event banner. In
Commercial, Downtown Core,
(K) Signs located in buildings. Any sign located
Downtown General, Main Street
within a building that is not visible to the
Central, and C-PZD zones, a
public outside said building is exempt from
commercial retail business may
all regulations in this chapter.
advertise a special sales event by
installing a special sales event
(L) Signs on windows. Signs painted on or
banner on its property at least 40'
affixed to glass surfaces of windows or
from the street right of way and no
doors and pertaining to the lawful business
higher than 30' above street level for
conducted therein are exempt from the
a total display time of no more than
permit requirement, but are considered a
ten days, no more than one time a
wall sign to determine allowable square
year.
footage. 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 following
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,
(3) Advertising. No advertising or
commercial logos may be incorporated
into the sign.
(N) Collection boxes. Collection boxes for
charitable or nonprofit organizations
containing no commercial advertising and
located on private property in any
Commercial or Industrial 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.
(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)
174.04 Sign Identification
Every sign or other advertising structure
hereafter registered shall show the sign permit
number in a conspicuous place thereon which is
visible to the inspector and is readable by the
inspector 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)
174.05 Sign Removal
In the event a business ceases operation for a
period of time in excess of 60 days, the sign
permit holder or the property owner shall
immediately remove any sign identifying or
advertising said business or any product sold
thereby and any non -conforming sign supporting
structure. A conforming sign supporting
structure need not be removed unless a
determination is made by the Zoning and
Development Administrator that the unoccupied
sign structure is a traffic hazard or a substantial
detriment to nearby businesses or residents
such that the structure's removal is necessary to
end a public nuisance.
(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.
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)
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, 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
borne 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 fifteen
(15) square feet;
(b) Number of signs.
three (3) signs din
public to such an
shall be placed on
the same time
organization;
No more than
acting the general
event or activity
public property at
by one such
(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
attraction devices or signs located in the city
provisions of this division; and
that fluctuates in light intensity shall be
prohibited. Electronic message boards
(g) Temporary signs. No such
using flashing, intermittent or moving light or
organization shall install, or be
lights are prohibited, provided, however, that
issued a permit to install a
electronic message boards displaying only
temporary sign on public property
time and/or temperature for periods of not
pursuant to the provisions of this
less than 30 seconds are permitted.
division more often than six (6)
Electronic message boards may change
times within a 12 -month period,
their message every three hours without
violating the prohibition of flashing or
(3)
Small banners on certain city light poles.
blinking.
The City may ' prepare and ' install
} `
banners not exceeding seven square
(C)
Portable swinger or temporary attraction
feet on city light poles specially
sign boards. It shall be unlawful for any
designed and constructed, for such
person to continue to display or erect any
banners within the boundaries of the
portable swinger, "A" frame, sandwich, or
Downtown Master Plan Area. These
.
temporary attraction sign board in the city.
small banners may include the name of
the commercial or noncommercial
(D)
Revolving, rotating, or moving signs. It shall
enterprise sponsoring the banner, but
be unlawful for any person to erect or to
shall contain no advertising or slogans
continue using any sign on the exterior of
of the sponsor.
which revolves, rotates or otherwise moves,
in whole or part.
(4)
Informational kiosks. Informational
kiosks with a map of the Downtown
(E)
Windblown signs. It shall be unlawful for
Master Plan Area may be placed within
any person to display any windblown sign;
city right-of-way by the City. The kiosks
provided, windblown signs may be displayed
shall contain only a map and/or
on a lot, at a shopping center, or at a mall
description of the Downtown Master
one time per year for a period not to exceed
Plan Area, public buildings and facilities,
72 hours if a temporary sign permit is first
parking areas, and entertainment
obtained from the Planning Division upon
facilities within or near this zone.
payment of the appropriate fee; provided
further, one company flag shall be permitted
(5)
Cross Street Banners. Cross Street
to be flown in conjunction with the United
Banners may be installed pursuant to
States Flag or Arkansas Flag or both on a
§174.03 (J)(3)(b).
lot, at a shopping center, or mall.
(Code 1965, §17B -7(c); Ord. No. 1893, 12-19- (F)
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; Ord. No. 4622, 9-21-
04)
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
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.
(I) Roof Signs. Roof signs shall not be
permitted.
(J) Placing signs on private property. No signs
shall be placed on any private property
without the consent of the owner thereof.
(K) Placing signs on trees. No signs shall be
placed or painted on any tree within the
city's right-of-way or property.
(L) Placing signs on utility poles. No signs
shall be placed on any utility pole
except for utility identification or similar
purposes.
- I e
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) .
174.09 Sign Illumination
Direct illumination by incandescent light bulbs
shall be restricted to light bulbs rated at 150
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)
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.
(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, RT and Neighborhood Commercial
Districts. Except pursuant to §174.03 (C),
(H) and (J), freestanding signs shall be
prohibited and no freestanding signs shall
be erected in RSF, RT and Neighborhood
Commercial Districts of the City.
(C) R -O and RMF Districts. One freestanding
sign 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 RSF District and 15
feet from all other zoning districts.
(5) Illumination. The sign shall be
illuminated by indirect illumination only.
(6) In lieu of the above freestanding sign,
one freestanding bulletin board of up to
ten square feet may be installed in an
RMF district pursuant to the above
requirements and §174.03 (P).
(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) Freestanding signs. Freestanding signs
(2) square feet for each one (1) foot
shall be subject to the following:
the sign is setback from street right-
of -way beyond 15 feet, provided
(a) Display surface area. Display
further, the maximum display
surface area shall not exceed 10
surface area for a sign which is
square feet; provided, the display
setback from street right-of-way 40
surface area may be increased two
feet or more shall be 75 square feet.
square feet for each one foot the
sign is setback from street right -of -
(b) Setback from right-of-way. Setback
way beyond 15 feet; provided
shall be a minimum of 15 feet from
further, the maximum display
street right-of-way,
surface area for a sign which
setback from street right-of-way 40
(c) Setback from adjoining property.
feet or more shall be 75 square feet.
Setback shall be a minimum of 25
feet from the boundary of any
(b) Setback from right-of-way. Setback
adjoining property.
shall be a minimum of 15 feet from
street right-of-way.
(3) Joint identification sign. The display
surface area of joint identification signs
(c) Setback from Adjoining property.
may be increased to one square foot per
Setback shall be a minimum of 25
500 square feet of gross leaseable
feet from the boundary of any
building area over 37,500 square feet
adjoining property.
located, as approved by the Planning
Division, at no more than two (2) remote
(F) P Districts. One Freestanding sign or
entrance locations. The permit
bulletin board may be erected.
applicant shall provide a recorded legal
document as approved by the Planning
(G) Area signs.
Division indicating ownership and
responsibility for maintenance of sign
(1) Size/location. The size and location of
and subject to the following:
the fence, wall, or other structure which
will contain the area identification sign
(a) R Districts. Prohibited.
must be approved by the Planning
Division, who will approve such
(b) R -O District. Monument sign
structure upon the criterion of traffic
permitted with a maximum display
safety sight lines.
surface area of 32 square feet.
(a) Areas with more than one entrance
(c) C and I Districts. Display surface
may not have a sign at more than
shall not exceed 300 square feet.
two locations.
(d) Size limitation for freestanding sign
(b) An area sign with display on one
if business displayed on joint
side located on each side of an
identification sign. If a business
entrance street may be substituted
name or logo is placed upon a joint
for a single sign with display on both
identification sign, that business's
sides.
freestanding sign may not exceed
32 square feet.
(2) Display surface area.
(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.
(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
set back a minimum of 10 feet from the
street right-of-way, 25 feet from adjoining
property, and may be substituted for a
freestanding sign permitted by §174.10.,
(Code 1965, §17B-10; Ord. No. 1893, 12-19-72;
provided the display surface area meets the
Ord. No. 2255, 7-20-76; Code 1991, §158.48;
following:
Ord. No. 4100, §2 (Ex. A.), 6-16-98)
(1) Neighborhood Conservation and RSF
174.12 Wall Signs
Districts. Prohibited on individual lots.
(A) Projection.
(2) Other residential districts.. The display
surface shall not exceed 16 square feet.
(1) General. Wall signs shall not project
more than 18 inches from the surface
(3) R -A and P Districts. The display surface
upon which they are mounted.
area shall not exceed 32 square feet.
(2) Mansard roof. The upper edge of a wall
(4) C and I Districts. The display surface
sign mounted on a mansard roof may
area shall not exceed the maximum
project more than 18 inches so long as
permitted by §§174.10.
the sign is perpendicular to the ground.
(Code 1965, §17B-9; Ord. No. 1893, 12-19-72;
(B) Number of signs.
Ord. No. 3008, 5-1-84; Ord. No. 3029, 8-21-84;
Ord. No. 3294, 9-15-87; Code 1991, §158.47;
(1) Single tenant. Where a building houses
Ord. No. 4100, §2 (Ex. A), 6-16-98); Ord. No.
only one business, a maximum of four
4226, 2-15-00)
(4) wall signs may be placed on one
wall, but no more than four (4) wall signs
174.11 Projecting Signs
may be placed on the building.
(A) Sidewalks. It shall be unlawful to erect any
(2) Multiple tenants. Where a building
projecting sign that projects from the wall of
houses more than one business, each
a building upon which it is erected . a
business shall be entitled to one wall
distance of more than two-thirds of the width
sign on the front facade near the
of the sidewalk (in those instances where
primary entrance to that business. If the
there is a sidewalk next to the building) or
business occupies a corner space, the
within two feet of street right-of-way (in
business is also entitled to a wall sign
those instances where there is no sidewalk
on the side exterior wall adjoining its
next to the building); provided, no projecting
rented space and on the rear exterior
sign shall project more than six (6) feet from
wall if its interior rented space adjoins
the wall of the building upon which it is
the rear exterior wall.
erected.
(C) Display surface area.
(B) Location. Projecting signs shall be located
on the vertical surface of a building and shall
(1) All signs. The display surface area of all
not be higher than the eave or rafter line,
wall signs on any one wall shall not
whichever is higher. Projecting signs shall
exceed 200 square feet or 20% of the
clear grade level below the sign by a
area of the wall on which they are
minimum of eight (8) feet.
located, whichever is less.
(C) Display surface area. The display surface
(2) Multiple tenants. Where a building
area of a projecting sign shall not exceed 16
houses more than one business, the
square feet. Only one (1) projecting sign per
display surface area of the tenants' one
business shall be permitted and a projecting
allowable wall sign shall not exceed 200
sign shall not be permitted on property
square feet or 20% of the area of the
which has a freestanding sign.
tenant's individual wall space, whichever
is less. Furthermore, in no case shall
(D) Off -site. Off -site projecting signs shall be
the display surface area of all wall signs
prohibited in all zoning districts,
on any one wall exceed 200 square feet
or 20% of the total wall area, whichever
(E) On -site. On -site projecting signs shall be
is less.
prohibited in R -A, RSF, RT, RO and
Neighborhood Conservation zoning districts.
(D) Off -site wall signs. Off -site wall signs shall
be prohibited in all zoning districts.
(E) Limitations in residential zoning districts. In
RMF and R -O zoning districts, the following
limitations shall apply:
(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, §176-11; 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; Ord. Na 4500, 7-01-03)
174.13-174.99 Reserved
EXHIBIT "B"
153.08 MISCELLANEOUS REMEDIES
(G) Signs.
(1) Removal of nonconforming,
dilapidated or dangerous signs.
If the Zoning and Development Administrator
shall find that any sign or the sign supporting
structure is unsafe or insecure, is a menace to
the public, is abandoned or maintained in a
dilapidated condition, or has been constructed
or is being maintained in violation of the
provisions of Chapter 174 or other provisions
of the Unified Development Code, the
Administrator shall give written notice of the
violation or problem to the sign permittee or
owner of the property on which the sign is
located. The notice shall require removal of
the sign and/or structure within seven days. If
the permittee or owner fails to remove or alter
the sign or sign supporting structure so as to
comply with the standards set forth in Chapter
174 within seven (7) days of the receipt of said
notice, the City may remove or alter such sign
or sign supporting structure to comply with the
Unified Development Code. All expense
incidental to such removal or alteration shall be
charged to the owner of the property upon
which the sign is or was located and shall
constitute a lien upon the property.
(2) Summary removal of signs and sign
supporting structures which constitute an
immediate and substantial peril.
The Zoning and Development Administrator
may cause any sign or sign supporting
structure which is an immediate and
substantial peril to persons or property to be
removed summarily without notice. Such signs
or other sign supporting structures are hereby
declared to be a public nuisance. When any
sign or sign supporting structure is removed
summarily without notice, the owner or lessee
thereof shall have the right to be heard at the
post -seizure administrative hearing before the
Planning Commission to determine whether
there was probable cause to remove the sign
summarily.
The Planning Commission may affirm the
Zoning and Development Administrator's
decision and place a lien upon the property for
the City's expense in removing the sign and/or
structure or it may order the City to replace the
sign and/or structure at the City's expense if it
determines that there was no substantial and
immediate peril justifying summary removal of
the sign or sign structure.
If a property owner fails to remove the sign
and/or nonconforming sign supporting structure
of the business that has ceased operation for a
period of time in excess of 60 days, the Zoning
and Development Administrator shall issue a
written notice to the sign permittee and to the
property owner, which notice shall state that
such sign and/or nonconforming sign
supporting structure must be removed within
seven days. If the sign permittee owner or
property owner fails to comply with such written
notice to remove, the Zoning and
Development Administrator is hereby
authorized to cause removal of such sign
and/or nonconforming sign supporting
structure, and any expense incidental to
such removal shall be charged to the
owner of the property upon which the sign
and/or nonconforming sign supporting structure
is located and shall constitute a lien upon
the property.
(3) Removal of sign after business
cessation for sixty (60) days.
(2.14.07) Clarice Pearman - Ords. 4972 and 4977-4982 Page 1 }
From: Clarice Pearman
To: Pate, Jeremy
Date: 2.14.07 1:03 PM
Subject: Ords. 4972 and 4977-4982
Attachments: 4982 Amend Ch 159 Impact Fees Table A.pdf; 4978 VAC 06-2365.pdf; 4979 VAC 0
6-2400.pdf; 4980 RZN 06-2399.pdf; 4981 Amend Ch 176 Outdoor Lighting.pdf; 4
977 VAC 06-2204.pdf; 4972 Replace Ch 174 & 153.08(G) Signs revised.pdf
CC: Audit
Jeremy:
Attached Is a copy of the above ordinances. Ord. 4972 reflects the change in the sign ordinance which left out 174.12(C).
The other were passed by the City Council, February 6, 2007. Have a good day.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayettevilie.ar.us
NORTHWEST ARKANSAS EDITION'
•
Benton County Daily Record
P.O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6421
AFFIDAVIT OF PUBLICATION
I, Erin Emis, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
Ordinance No. 4972
Was inserted in the Regular Editions:
February 17, 2007
Publication Charge: $137.15
Subscribed and sworn to before me
This(q day of ,tuo
Notary Public
My Commission Expires:
Sharlene O. Will.iams
Notary Pubfo
State of Ari<ansas
My commission ExPP1Tes
October 18.2014
RECEIVED
FEB 2. 2007
CITY OF FAYETTEVILLE
CITY CLERICS OFFICE
1 _
ORDINANCE NO. 4972
AN ORDICHAPTER
174 E TO ENACT A REP8(G) SIGNS -w
CLA SIGNS AND § 153 IN (G) SIGNS TO
E [GJ
CLARIFY SIGN REGULATIONS IN FAVEIiEVILLE
WHEREAS, clarifications of Chapter 174 Signs of ARKANSAS
the Unified Development Code are needed to her-
monize and simplify sign regulations In Fayetteville;
and..,, 7 - x -
WHEREAS, the length of lime the Zoning and Development Administer has before he must reject
a non -compliant sign permit application should be extended from five to ten business days to avoid
unnecessary paperwork, expense, and delay for sign applicants: and
WHEREAS, waylinding, Informational kiosks and cross -street banners should be regulated and
authorized within the Downtown Master Plan District; and
WHEREAS, a conforming sign supporting structure should not be required to be removed within
60 days of the business closure or relocation unless it constitutes a hazard and nuisance; and
WHEREAS, traditional large election campaign signs of up to 32 square feet should be authorized
for up to three weeks prior to the election to which the sign applies.
NOW, THEREFORE, BE SIT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS: r` ✓n
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals Chapter 174
Signs of the Unified Development Code in its entirely and enacts a new Chapter 174 Signs in As
stead as shown on Exhibit "A' attached hereto and made a part named.
Section a That the City Council of the City of Fayetteville. Arkansas hereby repeals § 153.08. (G)
Signs in its entirety and enacts a new § 153.08 Signs in its stead as shown on Exhibit'Battached
hereto and made a pan hereof.
PASSED and APPROVED his 16th day of January. 2007.
APPROVED; ATTEST:
B
DAN GOODY, Mayor - SONORA SMITH, City Clerkffroasurar
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 buiding houses only one business, a maximum of four (4) wall signs may
be placed on one wall, but no more than tour (4) wall signs may be placed on he building.
(2) Multiple tenants. Where a building houses more than one business, each business shall be enti-
tled to one wall sign on the front facade near the primary entrance to that business. If the business
occupies a corner space, the business is also entitled to a wall sign on the side exterior wall adjoin-
ing Its rented space and on the rear exterior wall if its interior rented space adjoins the rear exterior
wall.
(C) Display surface area.
(1) Single tenant. The display surface area shall not exceed 20% of the first 1000 square feet of wall
area and 5% of any additional wall area.
(2) Multiple tenants. Where a building houses more than one business, the display surface area of
each tenant's one allowable wall sign shall not exceed 150 square feel. Furthermore, the display
surface area for all wall signson any one wall may not exceed 20% of the total wall area.
(O) Of -site wall signs.Of-site wall signs shall be prohibited in all zoning districts.
(E) Limitations in residential zoning districts. In RMF and R -O zoning districts, the following limita-
dons shall apply.
(1) Number of signs. Limit of one on -site wall sign per business per building; provided. when a build.
ing 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, §1713-11; 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 (En. A), 6-16.98)
Cross reference(s)—Boards and Commissions, Ch. 33, General Provisions, Ch, 150; Definitions, Cn.
151: Enforcement. Ch. 153; Appeals, Ch. 155; Variances, Ch. 156; Fees. Ch. 159.'
(Ord. No. 4226. 2-15-00; Ord. No 4500. 7-01-03)
ORDINANCE NO. 072
AN ORDIPTER 174 E TO ENACT AREPLACEMENT
TOCHAPTER 1G SIGNS LAD §153.08 IG)AY SIGVI LEyerle
CLARIFY SIGN REGULATIONS IN FAYETTEVILLEWHEREAS, clarifications of Chapter 174 Signs of
the Unified Development Code are needed to hen
rmnize and simplify sign regulations in Fayetteville:
and
WHEREAS, the length of time the Zoning and Development Administer has before
he must reject a noncompliant sign permit application should be extended from five
to ten business days to avoid unnecessary paperwork, expense, and delay for sign
applicants. and
WHEREAS, wayhnding, informational kiosks and cross -street banners should be
regulated and authorized within the Downtown Master Plan District, and
WHEREAS, a conforming sign supporting structure should not be reouired to be
removed within 60 days of the business closure 7 relocation unless it constitutes a
hazard and nuisance and
WHEREAS, traditional large election campaign signs of up t0 32 square feet
should be authorized for up to three weeks prior to the electron to which the sign
applies
NOW, THEREFORE, EE IT ORDAINED EY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE. ARKANSAS:
Section'. That the City Council of the City of Fayettemde. Arkansas nereby repeas
Chapter 174 Signs of the Unified Development Cope in its entirety and enacts a new
Chapter 174 Signs in is stead as shown on Exhibit -Aattached hereto and made
a part hereof.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby repeals
§153.08 (G) Signs in its entirety and enacts a new §153.08 Signs in its stead as
shown' or ExIo t -B' attached hereto and made a part hereof
PASSED and APPROVED this 16 day of January, 2007
APPROVED. ATTEST
By. By.
DAN COODY, Nayae SONDRIA SMITH, City
EXHIBIT A
TITLE )CV UNIFIED DEVELOPMENT CODE
CHAPTER 174: SIGNS
174.01
GENERAL REGULATIONS
3
174.02
PERMITAPPLICATIONMSSUANCE
3
174.03
EXEMPTIONS
4
174.04
SIGN IDENTIFICATION
6
174.05
SIGN REMOVAL
6
174.06
NONCOMMERCIAL SIGNS
7
174.07
PLACING SIGNS ON PUBLIC AND PRIVATE PROPERTY
7
174.08
PROHIBITED SIGNS
8
174.09
SIGN ILLUMINATION
9
174.10
ON -SITE FREESTANDING SIGNS
9
174.11
PROJECTING SIGNS
11
174.12
WALL SIGNS
11
174.13-174.99
RESERVED
12
CHAPTER 174. SIGNS
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
Adnmfmator or designee.
(B) Illuminated Signs. All illuminated signs shall, in addition, be sublect to the pro-
visions of the electrical code, and the permit fees required thereunder
(C) Fees. Every applicant, before Wing granted a permit hereunder, shall pay to the
Zoning and Development Administrators Office the permil fee set forth in Chapter
159.
(D) Maintenance of prerrvses. All freestanding signs and the premises surrounding
the same shall be maintained by the owner thereof in a clean, sanitary, and inched
else 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. 1-18-132: Code 1991. §§15805, 158.20, 158.22. 158.24,
158.38, Ord. No.3925, §4, 10-3-9S, Ord. NO. 4100. §2 (Ex. A), 6-16-98)
174.02 Permit Application/Issuance
(A) Application. Applications for initial sign permits shall be made upon fortes pro-
vided by the Zoning and Development Administrator and shall contain a 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 of upon wh.ch the sign
a 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 specifica-
tions 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, a 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 sub -
pct to the provisions of the Commercial Design Standards (§l66 14), Design
Overlay Distncl (§161 21), Certificate of Zoning Compliance or other code provi-
sions, the applicant must show full compliance with all applicable code provisions,
including necessary approvals by responsible bodies such as the Planning
Commission
loH
(B) none of sign prmit. 11 shah be the duty of the Zoning and Devebpnie l
Adnenbtso or dealgw, upon this Shall of M appac-W. for an erection perm6, to
examte such plat. u d spec*Catmr aid Mar ds and FN premises upon which
it is pNpoeed so &'M M ayn a err S"rMkg r1s11daae, said it it allat aspt.
that the proposed structure and sign are in full compliance with all the requirements
of this chapter and all par laws and ordinances of the city. he shall within five lough
ness days issue the sign permit. If the Zoning and Development Administrator or
designee Wle to reps a competed sign application (Nat purports to show full pad,
pliance with all code requiremtrrts) within ten business days of its Submission by
written explanation Of why such application fails to meat all code requfrerrents, the
sign application shall be deemed approved and a sign permit sall be kmledalsy
issued to he applicant If the work authorized under a sign permit has not been
completed within six (6) months after dale of issuance the said permit shag bear
ndl and void
(C) Appeals of Sign Pertnt Decals All decisions and interpretations of the Zoning
and Development Adrnnisllator under this Chapter shall be considered final admin-
gtratne actions for the purpose of the appeals set forth at § 155.01.
(Ord No. 1985. §t IB 3(b). lu): Ord No 1893. 12-19-72; Ord. No. 2198, 2-17-76;
lode 1991, §415821 158.23, Ord. No 4100. §2 (Ex. A).6-16-96; Ord. 4652.12-07-
114,03 Exemptions
Exemptions shag not be construed as relieving the owner of such signs from the
reWmsiiry of complying with pertain appLcable provisions of this chapter. The
exemptions shall apply to the requirement to a sign permit. No sign permit shall be
required for to erection of she following signs which are hereby authorized to be
erected in cmplfance with the lived conditions.
(A) Professional name pates. Professional ems pill erected flat on walls of
bullding and not exceeding four (4) square feet of display surface area.
(B) Building co struction signs. One on -Ste building construction sign on each con-
struction site in any zoning district. provided that rr ximum display surtace area
shall be eight (8) square feet or ban in R zoning districts: 32 square feet or Was in
other zoning districts.
(C) Reel estate signs On a lot in any distinct, Here may be erected one on -site
unenimved real estate sign while the lot is for sale. Provided further, such signs
shall be limited to weIf signs, freestanding signs or platform signs, and freestanding
signs or platform signs shall be sat back a minimum of 10 feet from the Street. Real
EatOe alga aafl be land wish 72 flours following to closing (sale) of the
PMPWW on wNdh 4 is located. The pemited tlarnation and maximum display
ratan nee fur a nw safate sign shah be as follows.
DiRnct Punted ■IMhatlon Area (Sq. FL)
RA No11ERWRrd 32
R. R -C fMNmsrrd B
P.I. c ed NEiWiatsd 32
(D) Harr r v'.,—SM Eon. 14M oOhpation signs erected flat against the wag
aims signs or rblee, marries of buildings and
i, au Reface or when ONrtucted of bronze
So. TNNc a Mr ni. 1 apt.. egS npkvs, railroad cross-
ANldNellWI�taft.sgei ya R0nW Qudising signs as may
(G) PdNsg big, rupSlk p epic. Foati .of ENs on tips, repeating of signs, or
the changing Of titers or numbers on signs designed for changeable lettering or
rmtlbrsg which were legally erected and maintained for such purposes.
(H) NOnCamencial Signs. Non-Conynrcial signs that do not advertise a product
or service for profit or for a business purpose, do not propose a commercial trens-
acti n nor relate primarily to economic interests are permitted to be placed on pri-
vate property in any zoned district sublect to the following conditions'.
(1) Districts where signs not otherwise permitted. In districts ware signs are not
otherwise permitted, one political or religious ronpmmercial sign may be erected
sublect to the same limitations of real estate signs.
(2) Districts where signs are permitted In districts where signs are otherwise per-
mitled, non-commercial signs may be placed over or substituted for the permitted
commercial sign
(I) Time and temperature displays. Time and temperature displays without adver-
tising 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. Public event. special sales event, and election campagn banners
(not to exceed 3' x 30') and large election campaign signs (not to exceed 32 square
feet) may be installed under the following terms and conditions.
(1) Election campaign banners and large signs.
(a) Residential zones including Neighborhood Conservation, R -C. R A and R-PZD
In addition to the noncormnercial sign allowed in subsection (H). the owner of a res-
identially zoned parcel may install one large election campaign sign of up to 32
square feet no more than sixty days prior to (and to be removed within had days
following) the electron to which the sign applies.
(b) All other zones. The owner of a parcel may install one election campaign sign
of up to 32 square feet no more than sixty days prior to (and to be removed within
three days following) the election to which the sign applies. lithe parcel has more
than 100 feet of frontage on a street, the owner may install one large campaign sign
per hundred feet of frontage and may substitute and install an election campaign
banner for an allowed special sales event banner no more than two weeks prior to
(and to be removed within three days following) the election to which the banner
(2) Special sales event banner. In Commercial, Downtown Core. Downtown
General, Main Street Central, and C-PZD zones, a commercial retail business may
advertise a special sales event by installing a special sales event banner on its prop-
erly at least 40' from the street right of way and no higher than 30' above street level
for a lolal display time of no more than ten days, no more than one time a year
• (3) Public event banners Nonprofit organizations and government entities may
install public even[ banners under the following conditions
(a) In older to notify 7 invite to public to attend a public festival or event spon-
sored by the nonprofit organization or government entity, this organization may
install a public event banner (that may not contain advertising or commercial logos)
on its property at least 20' from the street right of way or on the building's facade and
• no more Nan 30' above the street for a total display time of no more than fourteen
• days six limes a year
(b) In order to notify or invite me public to attend a pubic festival or event within to
Downtown Master Plan area or the University of Arkansas campus sponsored byte
nonprofI o.ganrzaton or government entity, that organization may pay the costs of
the City to install one or two cross areal public event banners (with no
advertising or commercial logos) at Dickson and Block and/or Dickson
and Arkansas for no more than fourteen days once a year. When more
than one nonprofit organization or government entity would quality and
timely requests to pay for the installation of cross street banners during
the same period, the number of cross street banners for each organi-
zation may be reduced to one and/or The length of display may be
shortened to one week so that each qualified applicant is treated equal-
ly
(K) Signs located in buildings. Any sign located within a building that is not visible
to the public outside said building is exempt from all regulations in this chapter.
(L) Signs on windows. Signs painted on or affixed to glass surfaces of windows or
doors and pertaining to the lawful business conducted therein are exempt Irein the
permit requirement, but are considered a wall sign to determine allowable square
footage. No signs affixed to a window and visible outside shall flash or fluctuate illu-
mnation.
(M) Directional identification and informational signs. Direction( 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 shell be permitted at each entrance or exit on a lot or parcel to
identity such entrance or exit and to encourage the use of motor vehicle seatbelts.
subject to Me following restrictions.
(1) Traffic hazard. No such sign shall be erected whin would create a traffic haz-
ard.
(2) Seat belt sign. Any words or symbols encouraging the use of seatbe'ts shall lace
the interior of the lot or parcel on which the sign is located and shall not face the
street.
(3) Advertising. No advertising or commercial logs may be incorporated into Max
sign.
(N) Collection boxes. Collection boxes for charitable or nonprofit organizations con-
taining no commercial advertising and located on private property in any
Commercial or Industrial zoning districts
(0) Subdivision signs. In any district, one temporary subdivision identification sign
ind✓ectly illuminated, not to exceed 50 square feet in area per surface may be erect-
ed a: any principal entrance to a subdivision, provided that in no event shall such
sign remain for more Man 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 or 10 square feet shall be set back from street right -at -way
an additional one (1) foot nor each two (2) square feet of display surface area in
excess of 10 square feet. Bulletin boards may not be electronic message boards.
(0) Fuel price informational signs In any district, signs advertising the pnce of
motor vehicle fuel sold from a fuel pump located on the premises shall be permitted,
suolect to Me 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 pomp and shall be stationary
(4) Omer locations. Nothing herein shall be construed as to prnibit Me advertise-
ment of fuel prices on any other sign meeting Me requirements of this chapter.
(5) Sign feces. Only one two -laced, or two one -faced. sell servicefull service signs
not exceeding lour (4) square feet in display surface area Mall be permitted at each
pump island.
(R) Fences and scoreboards in city parks. Signs may be permeed on baseball/soft
bail traces and scoreboards in city parks as provided for in §97.088(B).
(Code 1965, §178-6; 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, §15808, Ord. No. 4100, §2
(Ex. A), 6-16-98)
174.04 Sign Identification
Every sign or offer advertising structure hereafter registered shall show me sign per-
mit number in a conspicuous place thereon which is visible to the inspector and is
readable by the inspector Iran the ground.
(Code 1965. §17B-6: OrdNo. 1893. 12-19-72: Ord. No. 3294, 9-15-97, Ord. No.
3377, 10-20-87: Ord. No. 3313. 11-17-87: Code 1991, §158.08: Ord. No. 4100, §2
(Ex. A), 6-16-98)
174.05 Sign Rermval
In the event a busnss ceases operation for a period of time in excess of 60 days.
the sign permt molar or Me properly osier Mora immediately remove any sign
dnbMng or advedisg said busisss a any product sad thereby and any non
cmnorming sign supporting structure. A conforming sign supporting structure need
riot be removed unless a determnaam is made by the Zoning and Development
Administrator that the trorcupied sign structure is a traffic hazard or a substantial
detriment to nearby busireses a residents such mat tile structure's removal is nec-
essary to end a Will nusance.(Code 1985, _
2948. 9-2683 Ord. No.Ord.
33 JB; 10.6-87: Code91991458.35, Ord. No. 4100, §2 (Ex.
A). 6-16-96)
Cross reference(s)—Enforcement. Ch. 153.
174 06 Nfxportsnercel Signs
Anywhere a commercial sign is oermned by this code, a rprroarrrorcia sign may
be placed on or substeaed for such sign.
(Code 1965, 2255. 7- 120-76§Code 19911, §158.07: rd, No. 7 100, §2 (Ex. A)6-16-98)
'. Ord No
Z cc 3
174 07 Placing Signs On Public And Pr vale Property
(A) Placing signs on public property
(1) Agencies of goverrnxnt. No signs other than signs placed by agencies of gave ant shall be erected on any public property. Provided, directional signs may be
erected upon the city's street name signrxtsts, 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 lacllty 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 relat-
ing to Me public health. safety. or welfare, or to scenic or historic trails;
(b) Traffic Division. The signs are fabricated, erected and maintained by the city
Transportation Division;
fo) Chat. The entire cat of the Sgns is bane by the entity requesting the signs;
r,jallaror. me signs are installed at locations where they would nor constitute
a traffic hazard.
(a) Traffic control devices The signs conform to the manual on uniform traffic -con-
trol 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 here-
by shall not apply to signs directing the reader to scenic or historic trails.
(2) Nonprofit organizations. Nonprofit organizations shell be allowed to place tam-
paary signs of a noncommercial nature on public property for the purpose of direct-
ing the general public to the location of an event or activity which promotes the gen-
eral 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 snap not
exceed fifteen (15) 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 properly 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,
(a) 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 cn-
sttute a traffic hazard.
(f) Pernyt/numbor of signs. The orgnizatron applies for, and is issued, a sign per-
mit one permit may aulhaize installation of up to three (3) signs pursuant to the pro-
viswe of this division'. and
(g) Temporary signs. No such organization shall install. or be issued a permit to
install a temporary sign on public property pursuant to the provisions of this division
more often than six (6) times within a 12 -month period.
(3) Small banners on certain city light poles. The City may prepare and install ban-
ners non exceeding seven square feet on city light poles specially designed and
constructed for such banners within Me boundaries of the Downtown Master Plan
Area. These small banners may include the name of the commercial or noncom-
rnercial enterprise sponsoring the banner, but shall contain no advertising or slo-
gans of me sponsor
(4) Informational kiosks Informational kiosks with a map of the Downtown Master
Plan Area may be placed within city right-of-way by the City The kiosks shall con -
fain only a map and/or description of the Downtown Master Plan Area, pudic build-
ings and facil0es, parking areas, and entertainment facilities within or near this
zone.
(5) Cross Street Banners Cross Street Banners may be installed pursuant to
§174.03 (JN3Nb).
(Code 1965, §178-7(c)'. Ord. No. 1893, 12-19-72; Ord. No. 2934, 8.2-83; Ord. No.
2948, 9-20-83; Ord. No. 3298, 10587; Code 1991, §159.37; Ord. No. 3677, §1, 3-
2-93; Ord. No 4100, §2 (Ex. A), 6-1698; Ord. No. 4622, 9-21-04)
174.08 Prohibited Signs
(A) Spot lights and beacons. It Mao be unlawful for any person to continue m rper-
ailan or erect any attraction device or sign which contans a beacon of any type
and/or captains a spot light providing direct ilium nation to me pudic,
(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 rimmed. Illumnaton of attraction suite Or sign
located in Me city that fluctuates n light intensity shall be prohibited Electronic
message boards using flashing, intermittent or moving light or lights are prnibited
provided, however. Met electronic message boards displaying my time and/or tem-
perature la periods of not less than 30 seconds are permitted. Electronic message
boards may change their message every three hours without violating me prohibi-
tion of flashing or blinking.
(C) Portable swinger or temporary attraction sign boards. It Man be unlawful for any
person to continue to display or erect any portable swnger,'A' frame, sandwich, or
temporary attraction sign board in Me city.
(D) Re dvmg, rotating, or moving signs. It Mali be unlawful for any parson to erect
a to continue using any sign on the exterior of which revolves. rotates or otherwise
rr vea, in whole or pan
(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 train the Planning Division upon payment of Me appropriate
fee; provided further one company flog Mall be Connell to be Ibvm in conluno
iron with the United States Flag a Arkansas Flag or both on a lot. at a shopping cen-
ter, 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
nmwter 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 author zed 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 ewegttrvention of this chapter.
(H) Oil -Site Signs It shall be unlawful to erect any off -site sign.
(I) Roof Signs. Roof signs shall not be permitted.
(J) Placing signs on private properly. No signs shall be placed on any private prop-
erty smooth the consent of the owner hereof.
(K) Placing signs or. trees. No signs shall be placed or painted on any tree within
the city's fight -Of -way or property
(L) Placing signs on utility ooles No signs shall be placed on any utility pole except
for utility identification or similar purposes
Cross reference(s)--Variance. Ch. 156, Appeals, Ch 155.
(Code 1965, §178-7(b), (e) -(k); 176-8; Ord. No, 1893, 12-19-72, Ord. No. 2934.8-
283 Ord. No. 2948, 9-20-83; Ord. No.3296. 106-87; Code 1991, §15e.38, 158.36,
158-39-158.46; Ord. No. 100 § 2 (Ex. A), 6-16s98)
174.09 Sign llltxmaeon
Direct ilkmnMen by incandescent ligh bulbs Mall be restricted to light bulbs rated
at 150 watts or less.
(Code 1965,9178-7(d): Ord. No. 1893 1219-72; 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.
174 ID On -Site Freestanding Signs
II shall be unlawful to erect any freestanding sign whlcn total Night is greater that
30 feet above the level of the street upon which the sign feces. For any sign local
ed closer to street right -at -way than 40 teat, the maximum height shall be reducec
one-half (1/2) foot for each fool 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
(2) Display surface area Display surface area shall not exceed 16 square fast.
(3) Illumination. Sign may be illuminated by indirect illumination only
(4) Setback from right-of-way. Sign shall be setback 35 feet from existing steel
rightaRway and 25 feel from any R or R -O District.
(B) RISE RI and Neighborhood Commercial Districts. Except pursuant to §174.03
(C), (H) and (J), freestanding signs shall be prohibited and no freestanding signs
shall be erected in RSF. RI and Neighborhood Commercial Districts of the City
(C) R -O and RMF Districts. One freestanding sign shall be permitted on a lot or par-
cel zoned RMF or R-0 subject to the following restrictons:
(1) Display surface area. The maximum display surface area shall not exceed tour
(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 RISE District and 15 feel from all other zoning districts.
(5) Illumination. The sign shall be illuminated by indirect illumination only
(6) In lieu of the above freestanding sign, one freestanding bulletin board of up to
ten square feet may N installed in an RMF district pursuant I0 the above require-
ments and §174.03 (P).
(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 shell not exceed 10 square feet: pro-
vided, the display surface area may be increased two (2) square feet for each one
(1) tool 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 N 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 o' any adjoining property
(3) Joint identification sign. The display surface area of joint identification signs may
N 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) tanole entrance locations. The permit applicant shall provide a record-
ed regal document as approved by the Planning Division indicatng ownership and
responsibility for maintenance of sign and subject to the following.
(a) R Districts Prohibited
(b) R -O District. Monument sign permitted wM a maximum display surface area of
32 square feet.
(c) C and I Districts. Display surface shall not exceed 300 square feet.
(d) Size limitation for freestanding sign if business displayed on pmt identification
sign If a business name or logo is placed upon a pint identification sign. Mat bisi-
ness's freestanding sign may not exceed 32 square feet.
(E) I Districts
(1) Witter of signs. Only one on -site freestanding sign shall be permitted on a lot,
at a shopping center. or at a mail, provided ony only on -site freestanding sign shall
be damaged for any business operating on two cv more adjoining lots.
(2) Freestanding signs. Freestanding Signs shall be subject to the following.
(a) Display surface area. Display surface area shall nol exceed 10 square feet; pro-
vided. the display surface area may be increased two square feet for each arks took
the sign is setback from street right-of-way beyond 15 feel; provided further, the
maximum display surface area for a sign which setback from street right-of-way 40
feel a more still 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 sign or bulletin board may be erected
(G) Area signs
(1) Sae/location. The size and location of the fence, wall, or other structure which
will contain the area identification sign most be approved by the Planning Division,
who will approve such structure upon the criterion of traffic safety sight lines.
(a) Awes with more Man one entrance may not have a sign at more than two aca-
igns.
(b) An area sign with display on me side located on each side of an entrance sree
n y 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 reel
(e) C end I Districts Display area shall not exceed 75 square feet.
(H) Monument signs. A monument sign shall be set back a mnnxrn of 10 feet horn
Me street right-of-way, 25 feet from adjoining property and may be substituted for a
freestanding sign permitted by §174 10.. provided Me display surface area meets
Mehollowing
(I) Neighborhood Conservation and RSF Districts. Prohibited on individual ohs
(2) Other residential districts- The display surface shall rot exceed 16 sot'eet
(3) R -A and P Districts. The display surface area shall not exceed 32 squa'o feet
(4) C and , Districts -rte display surface area sea' not exceed the maximum per
et9e0 by §§174.10.
(Code 1905, §178-9: Ord. No. 1893. 12-1472; Ord. No. 3006. 5-1-84; Ord. No
3g7A.8-21-84; Ord. No 3294.9-15-87; Code 1981, §158.47: Ord. No. 4100, §2 (Ex. li
A), 6-16-96), Ord. No. 4226 2-15-00)
174.11 Protecting Signs
(A) Sidewalks. It shall be unlawful to erect any projecting sign that projects from he
wall of a building upon which it is erected a distance of more than Iwo thirds of the
width of the sidewalk (in Rasa instances where there is a sidewalk next to the build-
ing) or within two feet of street right-of-way (In those instances where there is no
sidewalk next to IN building); provided, no projecting sign shell project more Man
_S feel evn to wall of the bullding upon whWt It Is erected.
(B) L oeauon Proj€-cling signs shall be located or the vertical surface of a budding
and shall nut be higher than the Save or rafter line, whichever is higher. Projecting
signs shall clear grade level below the sign by a minimum of eight (8) feet.
(C) Display 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 permit-
ted and a projecting sign shall not be permitted on property which has a freestand-
ing sign.
(D) Off -site. Off -site projecting signs shall be prohibited in all zoning districts.
(E) On -Site. On -site protecting signs shall be prohibited in R -A. RISE, RI. RO and
Neighborhood Conservation 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)
174.12 Wall Signs
(A) Projection.
(1) General. Wall signs shall not protect more than 18 inches from Me 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 Me ground.
(B) Number of signs.
(1) Single tenant. Where a building houses only one business, a maximum of [our
(4) wall signs may be placed on one wall, but no more than our (4) wall signs may
be placed on the building.
(2) Multiple tenants. Where a building houses more Man one business, each busi-
ness shall be entitled to one wall sign on the front facade near the primary entrance
to that business If the business occupies a corner space, the business is also enti-
tled to a well sign on the side exterior wall adjoining its rented space and on the rear
exterior wall rf its interior rented space adjoins the rear exterior wall
(C) Display surface area.
(1) AI signs The display surface area of all wall signs on any one wall shall not
exceed 200 square feet or 20t of Me area of the wall on which they are localed.
whichever is less.
(2) Multiple tenants Where a building houses More than one business, the display
surface area of the tenants one allowable wall sign shall not exceed 200 square feel
or 20% of the area of the tenant's individual wall space, whichever is less.
Furthermore. in no case shall the display surface area of all well signs on any one
wall exceed 200 square feet or 20% of the total wall area, whichever is less.
(D) Oft -site wall signs. Of[ -site wall signs shall be prohibited in all zoning districts.
(E) limitations in residential zoning districts. In RMF and R-0 zoning districts, the
following limitations shall apply.
(1) Number of signs. Limit of one on -site wall sign per business per building; pro-
vided. when a building abuts more than one street, the limit shall N one on -site wall
sign par business per building for each wall which faces an abutllrg street.
(2) Display surface area Display surfaces still not exceed 16 square lest.
(Code 1965. §178-11; 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 references) --Boards and Commissions, Ch. 33, General Provisions. Ch. 150;
Deft* c,s, Ch. 151; Enforcement, Ch. 153; Appeals, Ch. 155, Variances. Ch. 156;
Feet. Ch. 159.
(Ord. No. 4228. 2-15-00; Ord. No 4500. 7-01-03)
174.13-174.99 Reserved
EXHIBIT B'
15308 MISCELLANEOUS REMEDIES
(G) Signs.
(1) Removal of nonconforming, dilapidated or dangerous signs.
If the Zoning and Development Administrator shall find Mat any sign or the sign sup-
porting structure is unsafe or insecure, is a menace to Me public, is abandoned or
maintained in a dilapidated condition, or has been constructed or is being mam-
!airied in violation of the provisions of Chapter 174 or other provisions of the Unified
Development Code, the Administrator shall give written notice of the violation or
problem to the sign permeate or owner of the property on which the sign is located
The notice shall require removal of the sign and/or structure within seven days. If the
permittee or owner fails to remove or alter the sign or sign supporting structure so
as to comply with the standards set forth in Chapter 174 within seven (7) days of the
'eceipt of sa.d not ce, the City may remove or alter such sign or sign supporting
structure to comply with me Unified Development Code. Ali expense incidental to
such removal or alteration shall be charged to the owner of the property upon which
the sign is or was located and shall constitute a lien upon the property.
(2) Summary removal of signs and sign supporting structures which constitute an
inmhediate and substantial peril
The Zoning and Development Administrator may cause any sign or sign supporting
structure which is an irr R diale and substantial peril to persons or property to be
removed summarily without notice. Such signs or other sign supporting structures
are hereby declared to be a public nuisance When any sign or sign supporting
structure rs remained summenfy without notice, the owner or lessee thereof shall
have the right to be heard at Me post seizure administrative hearing before Me
Planning Cormvssan to defemmne whether there was probable cause to remove the
sign smmroriy
The Planning Cgprmssion may affirm the Zoning and Development Administrator's
decision and place a lien upon IN property for the City's expense in removing the
sign and/or structure or it may order the City to replace the sign and/or structure at
Me City expense if 11 determines that there was no substantial and inrredise peril
justifying Summary removal of the sign or sign structure.
(3) Removal of sign after business cessation for sixty (60) days.
If a properly owner fails to remove the sign and/or rxncorlbmig sign Supporting
Structure of the business Mat has ceased operation for a period of tine in excess of
60 days. the Zoning and Development Administrator all issue a written notice to
the sign permittee and to the property owner, which notice shell state that such sign
and/or nonconforming sign supporting structure most be rerteved within seven
days. If the sign permittee owner or property owner fails to comply with such writ-
ten notice to remove. to Zoning and Development Admnatrhator is hereby
authorized to cause removal of such sign and)br nonconforming sign supporting
structure, and any expense ncidental to such removal shall be charged to
me owner d the property upon which me sign and/or nonconforming sign sup-
porting structure is located and shall constitute a lien upon IN property