HomeMy WebLinkAboutOrdinance 5088 ORDINANCE NO, 5088
AN ORDINANCE TO AMEND § 174.10 (H) MONUMENT SIGNS TO
REDUCE THE SIDE SETBACK REQUIREMENT FROM 25 FEET TO 10
FEET IN NON-RESIDENTIAL DISTRICTS
WHEREAS, requiring a monument sign to be set back 25 feet from an adjoining
commercial district lot causes hardship for owners of narrow commercial lots and in
other unusual situations; and
WHEREAS, a 10 foot side setback of a monument sign which can be no more
than six feet high should not be a detriment for an adjoining non-residential lot.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : The City Council of the City of Fayetteville, Arkansas hereby repeals
§174.10 (H) in its entirety and enacts the following as a replacement of §174.10 (H):
"(H) Monument signs. A monument sign shall be set back a
minimum of 10 feet from the street right-of-way, 10 feet from
adjoining non-residential property and 25 feet from adjoining
residential property, and may be substituted for a free
standing sign permitted by §174.10, providing the display
surface area meets the following:
(1) Neighborhood conservation and RSF Districts. Prohibited
on individual lots.
(2) Other residential districts. The display surface shall not
exceed 16 square feet.
(3) R-A and P Districts. The display surface area shall not
exceed 32 square feet.
Page 2
Ord. 5088
(4) C and I Districts. The display surface area shall not
exceed 75 square feet."
PASSED and APPROVED this 4th day of December, 2007. G,:` •: . ;
APPROVED: ATTEST: = W: ; t tVU L :
C/ ON
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By: By: 5G sJ
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
6lfL)
AGENDA REQUEST /ZV Vld 7
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FOR: COUNCIL MEETING OF DECEMBER 4, 2007 � S
FROM:
KIT WILLIAMS, CITY ATTORNEY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Amend §174.10 (H) Monument Signs To Reduce The Side
Setback Requirement From 25 Feet To 10 Feet In Non-Residential Districts
APPROVED FOR AGENDA:
IO. 14 .off
je,,rem P Date
Department Director Date ENTERED
_ ( Z �AQ �oJ
i Attorney Date
Mayor Date
FAYETTEVILLE
THE CITY OF FAYETTEVILLE. ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO : Dan Coody. Mayor
City Council
CC : Jeremy Pate. Director of Current Planning
Jesse Fulcher, City Planner
FROM : Kit Williams, City Attorney
DATE : November 20, 2007
RE : Amendment to § 174. 10 Monument Signs
The developers of Market Express pointed out a problem with the desired location
of the monument sign for the new Market Express located by the new Malco Theater.
The 25 foot side setback from an adjoining property line ( Malco) would force Market
Express's monument sign down a slope reducing its visibility and attractiveness. We
were assured that Malco would consent to the sign being closer to their property line
(which is the driveway into its parking lot).
We considered suggesting a change in the variance procedure to allow reducing
the side setback to 10 feet with written consent of the adjoining property owner.
However, Jeremy suggested that we should simply reduce the side setback requirement in
non-residential zones to ten feet while keeping it 25 feet from any residential property
line. Therefore. I redrafted § 174 . 10 ( H ) Monument signs to allow this lessened side
setback in non-residential situations.
This change will be helpful within our downtown area where occasionally
commercial lots have less than a 50 foot frontage which would currently prohibit any
monument signs. Because monument signs cannot be higher than six feet nor larger than
75 square feet, we believed a reduced ten foot setback would not infringe on an adjoining
commercial property owner. With a ten foot setback requirement, adjoining signs would
be at least twenty feet apart .
The developers of Market Place Express will ask that this minor change to the
Sign Ordinance be passed quickly so that this last second issue can be resolved prior to
their planned grand opening of December 10th. I have attached the current § 174 . 10 ( H)
code section as well as the proposed amended version in the ordinance.
ORDINANCE NO,
AN ORDINANCE TO AMEND §174.10 (H) MONUMENT
SIGNS TO REDUCE THE SIDE SETBACK REQUIREMENT
FROM 25 FEET TO 10 FEET IN NON-RESIDENTIAL DISTRICTS
WHEREAS, requiring a monument sign to be set back 25 feet from an adjoining
commercial district lot causes hardship for owners of narrow commercial lots and in
other unusual situations; and
WHEREAS, a 10 foot side setback of a monument sign which can be no more
than six feet high should not be a detriment for an adjoining non-residential lot.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1 : The City Council of the City of Fayetteville, Arkansas hereby repeals
§174.10 (H) in its entirety and enacts the following as a replacement of §174.10 (H):
"(H) Monument signs. A monument sign shall be set back
a minimum of 10 feet from the street right-of-way, 10 feet
from adjoining non-residential property and 25 feet from
adjoining residential property, and may be substituted for a
free standing sign permitted by §174.10, providing the display
surface area meets the following:
"(1 ) Neighborhood conservation and RSF Districts.
Prohibited on individual lots.
"(2) Oester residential districts. The display surface
shall not exceed 16 square feet.
"(3) R-A and P Districts. The display surface area
shall not exceed 32 square feet.
Fayetteville Code of Ordinances
be increased two (2) square feet for one foot the sign is setback from street
each one (1 ) foot the sign is setback right-of-way beyond 15 feet; provided
from street fight-of-way beyond 15 feet, further, the maximum display surface
provided further, the maximum display area for a sign which setback from
surface area for a sign which is setback street fight-of-way 40 feet or more shall
from street right-of-way 40 feet or more be 75 square feet.
shall be 75 square feet.
b Setback from (b) Setback from rightof-way. Setback
( 1 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.
(F) P Districts. One Freestanding sign or bulletin
(3) Joint identification sign. The display surface board may be erected.
area of joint identification signs may be
increased to one square foot per 500 square (G) Area signs,
feet of gross leaseable building area over
37,500 square feet located, as approved by (1 ) Sae,4ocation. The size and location of the
the Planning Division, at no more than two fence, wall, or other structure which will
(2) remote entrance locations. The permit contain the area identification sign must be
applicant shall provide a recorded legal approved by the Planning Division, who will
document as approved by the Planning approve such structure upon the criterion of
Division indicating ownership and traffic safety sight lines.
responsibility for maintenance of sign and
subject to the following: (a) Areas with more than one entrance may
not have a sign at more than two
(a) R Districts. Prohibited. locations.
(b) R-O District. Monument sign permitted (b) An area sign with display on one side
with a maximum display surface area of located on each side of an entrance
32 square feet. 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 (a) A, P, R. and R-O Districts. Display area
business displayed on joint identification shall not exceed 32 square feet.
sign. If a business name or logo is
placed upon a joint identification sign, (b) C and I Districts. Display area shall not
that business's freestanding sign may exceed 75 square feet.
not exceed 32 square feet.
(H) Monument signs. A monument sign shall be set
(E) I Districts. back a minimum of 10 feet from the street right-
of-way, 25 feet from adjoining property, and may
(1 ) Number of signs. Only one on-site be substituted for a freestanding sign permitted
freestanding sign shall be permitted on a lot, by §174. 10., provided the display surface area
at a shopping center, or at a mall; provided meets the following:
only one on-site freestanding sign shall be
permitted for any business operating on two (1 ) Neighborhood Conservation and RSF
or more adjoining lots. Districts. Prohibited on individual lots.
(2) Freestanding signs. Freestanding signs (2) Other residential districts. The display
shall be subject to the following: surface shall not exceed 16 square feet.
(a) Display surface area. Display surface (3) R-A and P Districts. The display surface
area shall not exceed 10 square feet area shall not exceed 32 square feet.
provided, the display surface area may
be increased two square feet for each
CD174:8
TITLE XV UNIFIED DEVELOPMENT CODE
(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, §17&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); Ord, No. 4226, 2-15-00; Ord. 4972, 1-16-07) (2) Multiple tenants. Where a building houses
more than one business, each business shall
be entitled to one wall sign on the front
174.11 Projecting Signa
fagade near the primary entrance to that
business. If the business occupies a comer
(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) feet (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 Gear 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.
feel. Only one (1 ) projecting sign per business
shall be permitted and a projecting sign shall not (D) Off--site wall signs. Off-site wall signs shall be
be permitted on property which has a prohibited in all zoning districts.
freestanding sign.
(E) Limitations in residential zoning districts. In RMF
(D) Off-site. Off-site projecting signs shall be 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, §176-10; Ord. No. 1893, 12-19-72; Ord. No. business per building for each wall which
2255. 7-2G-76: Code 1991 , §158.48; Ord. No. 4100, §2 (Ex. faces an abutting street.
A.), 6-16-98; Ord. 4972, 1-16-07)
(2) Display surface area. Display surfaces shall
174.12 Wall Signs not exceed 16 square feet.
(A) Projection. (Code 1985, §17B-11 ; Ord. No. 1893, 12-19-72; Ord. No.
2309, 2-15-77; Ord. No. 3217, 10-21 -86; Ord. No. 3294, 9-
(1 ) General. Wall signs shall not project more 15-87; Code 1991 , §158.49; Ord. No. 4100, §2 (Ex. A), 6-16-
than 18 inches from the surface upon which 98; Ord. No. 4226, 2-15-00; Ord. No 4500, 7-01-03, Ord,
they are mounted. 4972, 1 -16-07)
Cross references)--Boards and Commissions, Ch. 33,
(2) Mansard roof The upper edge of a wall sign General Provisions, Ch. 150; Definitions, Ch. 151 ;
mounted on a mansard roof may project Enforcement. Ch. 153; Appeals, Ch. 155; Variances, Ch.
more than 18 inches so long as the sign is 156; Fees, Ch. 159.
perpendicular to the ground.
(B) Number of signs. 174.13-174.99 Reserved
CD174:9
(12.7.07) Clarice Pearman - Ords. 5085-5088 _ Page 1
From: Clarice Pearrnan
To: Pate, Jeremy
Date: 12.7.07 5:28 PM
Subject: Ords. 5085-5088
Attachments: 5088 Amend 174.101-1 Monument Signs.pdf; 5086 VAC 07-2758 Bittle.pdf; 5086 VA
C 07-2758 ExA.pdf; 5087 VAC 07-2761 ExA.pdf; 5085 RZN 07-82 Sweetser.pdf
CC: Audit; GIS
Jeremy:
Attached is a copy of the above ordinances passed by City Council, December 4, 2007. Please let me know if there is
anything else needed for this item. Have a good day.
Thanks.
Clarice
Arkansas Democrat W(Oazette
Northwest Arkansas Times
Benton County Daily Record
P. 0. 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. 5088
Was inserted in the Regular Editions on:
December 12 , 2007
Publication Charge : $ 68 . 58
Subscribed and sworn to before me
This hday of '�Utc , 2007 .
Notary Public
• � % '' CA?ryYJ. WILES
My Commission Expires: 'Z I 4 3 " aeotoncou,,,y
ZO ( dl "; q;���:� A9y Cemmissbn expires
,.'�•..,:.-.Fe�ry�O. 2014
**NOTE** Please do not pay from Affidavit.
Invoice will be sent.
RECEIVED
DEC 1 12007
CITY OF
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