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HomeMy WebLinkAboutOrdinance 5062 ORDINANCE NO. 5062 AN ORDINANCE REPEALING AND REPLACING § 174. 12 WALL SIGNS OF THE UNIFIED DEVELOPMENT CODE. WHEREAS, clarifications of certain sub-sections of the Unified Development Code § 174. 12 Wall Signs are needed to ensure fair and equitable treatment to all citizens wishing to appropriately erect signs within the City of Fayetteville; and WHEREAS, § 174. 12 Wall Signs of the Unified Development Code contains regulations that have the unintended consequence of unnecessarily limiting the number of signs for multi- tenant buildings; and WHEREAS, the proposed amendments will result in a more consistent ordinance for staff to apply to applicants of sign permits, and will further the goals and intent of the adopted Sign Ordinance of the City of Fayetteville; 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 § 174. 12 Wall Signs of the Unified Development Code in its entirety and enacts a new § 174. 12 in its stead as shown on Exhibit "A" attached hereto and made a part hereof. PASSED and APPROVED this 1811, day of September, 2007. �G�FRWTR,EgsG''. G�SYO,c•.��: APPROV ATTEST: c ; FAYETTEVILLE ; _ oA DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer ""44nAmi,001,,,•`` Exhibit "A" 174.12 Wall Signs building for each wall which faces an abutting street. (A) Projection. (2) Display surface area. Display surfaces (1) General. Wall signs shall not project of each sign shall not exceed 16 square more than 18 inches from the surface feet. upon which they are mounted. (F) Limitations in R-O zoning districts. In R-O, (2) Mansard roof. The upper edge of a wall Residential Office zoning districts, the sign mounted on a mansard roof may following limitations shall apply: project more than 18 inches so long as the sign is perpendicular to the ground. (1 ) Number of signs. Limit of two on-site wall signs per business per building. In (B) Number of signs. no case shall a business have more than one wall sign on any wall. (1 ) Single tenant. Where a building houses only one business, a maximum of four (2) Display surface area. Display surfaces (4) wall signs may be placed on one of each sign shall not exceed 16 square wall, but no more than four (4) wall signs feet. may be placed on the building. (2) Multiple tenants. Where a building (Code 1965, §17B-11 ; Ord. No. 1893, 12-1942; Ord. houses more than one business, each No. 2309, 2-15-77; Ord. No. 3217, 10-21-86; Ord. No. business shall be entitled to a maximum 3294, 9-15-87; Code 1991 , §158.49; Ord. No. 4100, §2 of one wall sign per business on each (Ex. A), 6-16-98; Ord. No. 4226, 2-15-00; Ord. No 4500, 7-01 -03; Ord. 4972, 1-16-07) wall of the building, with a maximum of four (4) total wall signs per business per Cross reference(s)--Boards and Commissions, Ch. 33, building. In no case shall a business General Provisions, Ch. 150; Definitions, Ch. 151 ; have more than one wall sign on any Enforcement, Ch. 153; Appeals, Ch. 155; Variances, wall. Ch. 156; Fees, Ch. 159. (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 allowable wall sign(s) shall not exceed 150 square feet. Furthermore, the display surface area for all wall signs on any one wall may not exceed 20% of the total wall area. (D) Off-site wall signs. Off-site wall signs shall be prohibited in all zoning districts. (E) Limitations in RMF and RT zoning districts. In RMF and RT 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 d City of Fayetteville Staff Review Form � � City Council Agenda Items or T Contracts - �iQr ! 18-Sep-07 s City Council Meeting Date Jeremy Pate` Planning Operations Submitted By , Division Department Action Required: An ordinance to repeal and replace the Unified Develoment Code Ch. 174. 12, Wall Signs. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a n/a Account Number Funds Used to Date Program / Project Category Name n/a n/a n/a $ Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a Department directo t/ODate Original Contract Date: n/a Original Contract Number: n/a 1�- L/ Ci orney Received in City Clerk's Office t � (EINTERED o 9 - Y -0 � • *61 Finance and Internal Service Director Date Received in Mayor's Office Z116oo —� 03 Mayor Date Comments: 1 r -Y City Council Meeting of September 18, 2006 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru : Tim Conklin, Planning and Development Management Director Gary Dumas, Director of Operations From: Jeremy Pate, Director of Current Planning Date: August 30, 2007 Subject: Ordinance to repeal and replace Ch. 174. 12 Wall Signs of the Unified Development Code, to amend and clarify regulations regarding multi-tenant wall signs. RECOMMENDATION Planning Staff recommends approval of an ordinance amending the Unified Development Code Chapter 174. 12 Wall Signs, to amend and clarify regulations regarding multi-tenant wall signs. BACKGROUND Wall signagefor single t6if n businesses and multi-tenant businesses are both regulated through Ch. 174:12 W511 Signs. This chapter regulates the number, size and placement of " signs as they related :to, tbe :zoning district in which the property is located. A single tenant business is permitted four wall signs; the four signs can be placed anywhere on the ' building that tenant ;desires, so long as they meet the size limitations imposed by the display surface area. A'multi-tenant business, however, is currently restrictedfo one wall . sign on the front fagade near the primary entrance to that business. If a tenant in a multi- tenant structure happens to be on the end of the building, that tenant is allowed another sign on the end and another on the rear, so long as the tenant is renting space adjoining the wall face on which the sign is located. Staff finds this to be a rather cumbersome and difficult regulation to administer, especially for larger tenants of a multi-tenant structure, such as a medical office complex or shopping center, when compared to the less restrictive regulations regarding the placement of signs for single tenant structures. The Planning Division proposes to return to a previous manner by which multi-tenant wall signage was administered, before it was amended by ordinance #4972, with some slight changes. A synopsis of the amendments to wall sign regulations for multi-tenants is as follows: • Permit a maximum of 1 wall sign per business on each wall, with a maximum of four wall signs. No business is allowed more than one sign on any one wall. • Remove the restriction that states a business has to be on the "end" or "side"of the building to receive additional signs on the side or rear exterior walls, and insert the regulation noted above. a � City Council Meeting of September 18, 2006 Agenda Item Number • Added the "RT" (Residential Two and Three family) to the restrictions for RMF (Residential Multi-family) regulations, as these are similar uses • Separated the RMF/RT and R-O (Residential Office) limitations sections. Residential Office districts should still be limited in sizes and number of signs, in staffs opinion, because they are often districts that are directly adjacent to or near residential neighborhoods. These zoning districts do not typically have high volume traffic, such as retail, restaurants, etc., and are more often office environments. Therefore, advertising to the degree of commercial areas is not as necessary and not as appropriate in the direct vicinity of residential neighborhoods. • R-O districts are proposed to be allowed two on-site wall signs per business per building — compared to one sign per business per building in RMF/RT districts and four signs per business per building in commercial districts. Staff recommends these ordinance amendments to the City Council for consideration of adoption. BUDGETIMPACT None. ORDINANCE NO. AN ORDINANCE REPEALING AND REPLACING § 174. 12 WALL SIGNS OF THE UNIFIED DEVELOPMENT CODE. WHEREAS, clarifications of certain sections of the Unified Development Code § 174. 12 Wall Signs are needed to ensure fair and equitable treatment to all citizens wishing to appropriately erect signs within the City of Fayetteville; and WHEREAS, § 174. 12 Wall Signs of the Unified Development Code contains regulations that have the unintended consequence of unnecessarily limiting the number of signs for multi- tenant buildings; and WHEREAS, the proposed amendments will result in a more consistent ordinance for staff to apply to applicants of sign permits, and will further the goals and intent of the adopted Sign Ordinance of the City of Fayetteville; 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 Ch. 174. 12 Wall Signs of the Unified Development Code in its entirety and enacts a new Ch. 174. 12 in its stead as shown on Exhibit "A" attached hereto and made a part hereof. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerk/Treasurer Exhibit "A " 174. 12 Wall Signs any one wall may not exceed 20% of the total wall area. (A) Projection. (D) Off-site wall signs. Off-site wall signs shall (1) General. Wall signs shall not project be prohibited in all zoning districts. more than 18 inches from the surface upon which they are mounted. (E) Limitations in RMF and RT zoning districts. In RMF and RT zoning districts, the following (2) Mansard root The upper edge of a wall limitations shall apply: sign mounted on a mansard roof may project more than 18 inches so long as (1) Number of signs. Limit of one on-site the sign is perpendicular to the ground. wall sign per business per building; provided, when a building abuts more (B) Numberof signs. than one street, the limit shall be one on-site wall sign per business per (1 ) Single tenant. Where a building houses building for each wall which faces an only one business, a maximum of four . abutting street. (4) wall signs may be placed on one wall, but no more than four (4) wall signs (2) Display surface area. Display surfaces may be placed on the building. of each sign shall not exceed 16 square feet. (2) Multiple tenants. Where a building houses more than one business, each (F) Limitations in R-O zoning districts. In R-0, business shall be entitled to a maximum Residential Office zoning districts, the of one wall sign per business on each following limitations shall apply: wall of the building, with a maximum of four (4) total wall signs per business per (1) Number of signs. Limit of two on-site.: building. In no case shall a business wall signs per business per building ; In , have more than one wall sign on any no case shall a business have . more wall. than one wall sign on any wall. (C) Display surface area. (2) Display surface area. Display surfaces of each sign shall not exceed 16 square (1 ) Single tenant. The display surface area feet. shall not exceed 20% of the first 1000 square feet of wall area and 5% of any additional wall area. (Code 1965, §17B-11 ; Ord. No. 1893, 12-19-72; Ord. No. 2309, 2-15-77; Ord. No. 3217, 10-21-86; Ord. No. (2) Multiple tenants. Where a building 3294, 9-15-87; Code 1991 , §158.49; Ord. No. 4100, §2 houses more than one business, the (Ex. A), 6-16-98; Ord. No. 4226, 2-15-00; Ord. No 4500, 7-01-03; Ord. 4972, 1-16-07) display surface area of each tenant's allowable wall sign(s) shall not exceed Cross reference(s)—Boards and Commissions, Ch. 33, 150 square feet. . Furthermore, the General Provisions, Ch. 150; Definitions, - Ch. 15T; display surface area for all wall signs on Enforcement, Ch. 153; Appeals, Ch. 155; Variances, Ch. 156; Fees, Ch. 159. Proposed Amendments to Ch. 174, Signs of the Unified Development Code Draft showin-g Mark-up 174.12 Wall Signs (2) Multiple tenants. Where a building houses more than one business, the (A) Projection. display surface area of each tenant's One allowable wall signs) shall not (1 ) General. Wall signs shall not project exceed 150 square feet. Furthermore, more than 18 inches from the surface - the display surface area for all wall signs upon which they are mounted. on any one wall may not exceed 20% of the total wall area. (2) Mansard roof. The upper edge of a wall sign mounted on a mansard roof may (D) Off-site wall signs. Off-site wall signs shall project more than 18 inches so long as be prohibited in all zoning districts. the sign is perpendicular to the ground. (E) Limitations in RM.I--- Viand R_T; resides&al-zoning (8) Number of signs. districts. In RMF and RTI R-9 zoning districts, the following limitations shall apply: (1) Single tenant. Where a building houses only one business, a maximum of four (1 ) Number of signs. Limit of one on-site (4) wall signs may be placed on one wall sign per business per building; wall, but no more than four (4) wall signs provided,_ when a building abuts more may be placed on the building. than one street, the limit shall be one on-site wall sign per business per (2) Multiple tenants. Where a building building for each wall which faces an houses more than one business, each abutting street. business shall be entitled to a maximum of one wall sign ern e business�oach (2) Display surface area. Display surfaces W all�vf the budding,4th a maximum of of each sign shall not exceed 16 square four, (4) total wall signs.per.business�per feet. _luilding KE)J Limitadons irt,RrO,zoning_dishicls rInIR;OI bug*nAAA on esidentialOffice zonirigstricts; "1fie ioliowmg limitations shall apply O, Number of signs: Limit :of two ',on-site IMPAII of RA opt wall ,slgns�per, businesser building.► In _1111F- FOA k+E a N- nVZOTI a`se shall. a no case�hallf business have+ m ore business' ,have�mo� re ihan`one avail sign than one wall non an wall I on any wall F (2) Display4surface ales. Display surfaces (C) Display surface area. oG �f{each sign sFiall .not exceed:l6'square Leel (1) Single tenant. The display surface area shall not exceed 20% of the first 1000 square feet of wall area and 5% of any (Code 1965, §178-11 ; Ord. No. 1893, 12-19-72; Ord. additional wall area. 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; Ord. No. 4226, 2-15-00; Ord. No 4500, 7-01 -03; Ord. 4972, 1-16-07) 08-30-2007 Existing Ordinance (as amended by Ord. #4972) 174.12 Wall Signs (1) Single tenant. The display surface area shall not exceed 20% of the first 1000 (A) Projection. square feet of wall area and 5% of any additional wall area. (1 ) General. Wall signs shall not project more than 18 inches from the surface (2) Multiple tenants. Where a building upon which they are mounted. houses more than one business, the display surface area of each tenant's (2) Mansard roof. The upper edge of a wall one allowable wall sign shall not exceed sign mounted on a mansard roof may 150 square feet. Furthermore, the project more than 18 inches so long as display surface area for all wall signs on the sign is perpendicular to the ground. any one wall may not exceed 20% of the total wall area. (B) Number of signs. (D) OH--site wall signs. Off-site wall signs shall (1) Single tenant. Where a building houses be prohibited in all zoning districts. only one business, a maximum of four (4) wall signs may be placed on one (E) Limitations in residential zoning districts. In wall, but no more than four (4) wall signs RMF and R-0 zoning districts, the following may be placed on the building. limitations shall apply: (2) Multiple tenants. Where a building (1) Number of signs. Limit of one on-site houses more than one business, each wall sign per business per building; business shall be entitled to one wall provided, when a building abuts more sign on the front facade near the than one street, the limit shall be one primary entrance to that business. If the on-site wall sign per business per - business occupies a corner space, the building for each wall which faces an business is also entitled to a wall sign abutting street. %:: . on the side exterior wall adjoining its rented space and on the rear exterior (2) Display surface area. Display, surfaces wall if its interior rented space adjoins shall not exceed 16 square feet." the rear exterior wall. (Code 1965, §176-11 ; Ord. No. 1893, 12-19-72; Ord. (C) Display surface area. 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; Ord. No. 4226, 2-15-00; Ord. No 4500, 7-01-03; Ord. 4972, 1-16-07) Ordinance Prior to Ord. #4972 174. 12 Wall Signs (22) Multiple tenanLsJ In the event a building U iW f;o'u'ses r0tiple tenants'Mddoes ..not (A) Projection. front on thestreetor highway from which, principal access to the building"is (1 ) General. Wall signs shall not project �btained, edisplaysurfaceareaaof more than 18 inches from the surface each sign on;a all shall noh:6ceed;l'30 upon which they are mounted. sq'uareI feettor"20%1 of ithe�area +of the Mall and..the`display`surface_, of all t • . (2) Mansard root The upper edge of a wall wall signs on the wall 'fagng saw -street PP d � , n - sign mounted on a mansard roof may orihighway shall_not`exceed'the area"of project more than 18 inches so long as the wall) the sign is perpendicular to the ground. (D) Off--site wall signs. Off-site wall signs shall (B) Number of signs. be prohibited in all zoning districts. (1) Single tenant. Where a building houses (E) Limitations in residential zoning districts. In only one business, a maximum of four R and R-O zoning districts, the following (4) wall signs may be placed on one limitations shall apply: wall, but no more than four (4) wall signs may be placed on the building. (1 ) Number of signs. Limit of one on-site wall sign per business per building; (2) Multipletenants. Where• a building provided, when a building abuts more hou'seswmZn than one (1 ) business, wall than one street, the limit shall be one signsshall be limited in' riumber to one on-site wall sign per business per (1) wall sigaper business on each alill building for each wall which faces an with a limit of our (4 wall sig�qs3paf abutting street. . 6usmess per bwldI ? (2) Display surface area. Display surfaces (C) Display surface area. shall not exceed 16 square feet. (1 ) All signs. The display surface area of all wall signs on any one wall shall not exceed 150 square feet or 20% of the (Code 1965, §17B-11 ; Ord. No. 1893, 12-19-72; Ord. area of the wall on which they are No. 2309, 2-15-77; Ord. No. 3217, 10-21 -86; Ord. No. . . located, whichever is greater. 3294, 9-15-87; Code 1991 , §158.49; Ord. No. 4100, §2 (Ex. A), 6-16-98) 9.24.07 Clarice Dearman - Ords. 5060 thru 5062Page 1 From: Clarice Pearman To: Pate, Jeremy Date: .9.24.07 3:51 PM Subject: Ords. 5060 thru 5062 Attachments: 5060 VAC 07-2688 Springfield Holding Group.pdf; 5061 R-PZD 04-01.00 Souther n View II.pdf; 5062 Amend 174.12 Wall Signs.pdf CC: Audit Jeremy: Attached are the above ordinance passed by City Council, September 18, 2007. Please let me know if there is anything else needed for these items. Have a good day. Thanks. Clarice RECEIVED q ..��_� " SEP 2 8 2007 C�l�iti1J15 Democrat C a�:ette CITY OF FAYETMILLE --- - CITY CLERK'S OFFICE Northwest Arkansas Times Benton County Daily Record P. O. BOX 1607 FAYETTEVILLE, AR 72702 PHONE : 479-571 -6415 AFFIDAVIT OF PUBLICATION I , Kate MacNaughton , do solemnly swear that I am the 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 City of Fayetteville: Ordinance No, 5 06 2 Was inserted in the Regular Editions on: September 26 , 2007 Publication Charge: $ 131 . 88 Subscribed and sworn to before me This24day of 61r,! 2007. CATHY J. WILES Benton County D = My Commission Expires Notary, P. ublic. My Commission Expires: of&cp I2v ILl. **NOTE** Please do not pay from Affidavit. Invoice will be sent.