HomeMy WebLinkAboutOrdinance 5166 ORDINANCE NO. 5166
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AN ORDINANCE TO AMEND UNIFIED DEVELOPMENT CODE
CH. 174.08, PROHIBITED SIGNS, TO ALLOW "A" FRAME
SANDWICH/MENU BOARD SIGNS UNDER CERTAIN
CONDITIONS.
WHEREAS, the Unified Development Code currently prohibits all portable or temporary
attraction sign boards, including "A" frame sandwich boards; and
WHEREAS, in certain instances, these types of signs that are typically placed on sidewalks
during business hours may better inform pedestrians of menu options available; and
WHEREAS, certain businesses within the City depend upon pedestrian traffic more so than
vehicular traffic for advertising;
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 and
replaces Ch. 174.08 (C) of the Unified Development Code with Exhibit "A," attached hereto and
made a part hereof.
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PASSED and APPROVED this 19'" day of August, 2008. =�; • . 3
; FAYETTEVILLE '
APPROVED: ATTEST: 0 :a 3
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By: By: /a .1n 4 Jp
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
Exhibit "A"
ADM 08-3055
Chapter 174.08 (C) of the Unified Development Code shall be repealed and the following placed
in its stead:
§174.08 Prohibited Signs
(C) Portable swinger or temporary attraction sign boards. It shall be unlawful for any person to
continue to display or erect any portable swinger, "A" frame, sandwich, or temporary
attraction sign board in the city, except under the following conditions:
( 1 ) One (1 ) freestanding, "A" frame sandwich / menu board for a single permitted eating
establishment may be permitted on a commercially zoned lot or on the adjacent public or
private sidewalk in front of the respective business for the duration of the business' hours
of operation. The temporary sign shall be removed and placed inside after business hours.
(2) The sign shall be placed such that the sidewalk remains ADA compliant, and for signs
located on the public sidewalk there shall be a minimum of five feet of the total sidewalk
width free and clear, to provide adequate and unobstructed pedestrian movement.
(3) The permitted sign shall only advertise for the adjacent eating establishment, and is to be
utilized for display of menu items or advertised specials. The sign may not be utilized for
product placement or to advertise for other commercial or business establishments.
(4) The size of the sign shall be limited to 36" tall by 24" wide.
(5) No sign may be displayed or erected that swings, rotates, flashes, fluctuates, or is
illuminated, or in any other manner that would violate the provisions of § 174.08.
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ALDERMAN AGENDA REQUEST FORM yllgho8
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FOR: COUNCIL MEETING OF August 05, 2008
FROM: Nancy Allen
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
Amendment to Ch. 174.08 Signs of the Unified Development Code
An ordinance to amend Ch. 174.08 of the Unified Development Code, to
allow "A" frame sandwich / menu board signs under certain conditions.
APPROVED FOR AGENDA:
Alderman Na icy Allen Date i J
C. Qt. to. 7r WWI
J rem Date
DtDi of nt Planning
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City Council Meeting of August 05, 2008
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations p
From: Jeremy C. Pate, Director of Current Planning d`
Date: July 11 , 2008
Subject: UDC Amendment — Ch. 174.08 Prohibited Signs — "A" frame sandwich boards
RECOMMENDATION
Staff recommends the City Council approve an ordinance amending Ch. 174.08 of the
Unified Development Code sign regulations. This amendment would permit, under the listed
conditions, the use of "A" frame sandwich / menu boards for use by business owners to list
menu items and specials for pedestrian view.
BACKGROUND
Alderwoman Allen recently inquired of staff about whether sandwich boards were permitted
within the City under our sign ordinances, after discussing the issue with a local business. Ch.
174.08 (C) of the UDC specifically prohibits this type of sign, and Planning Staff has
required several business owners, specifically in the downtown, to remove these types of
signs under the current code. Utilization of this type of sign, which is used in many cities to
advertise lunch or dinner specials primarily for pedestrians along a sidewalk, requires an
ordinance amendment by the City Council.
DISCUSSION
Staff is recommending the Council amend the sign ordinance in favor of allowing "A" frame
sandwich/menu boards for permitted businesses within the City. These signs would only be
allowed for commercial properties, and may be located on the property or the sidewalk
adjacent to the property, as long as pedestrian movement is not impeded. One sign for one
business is permitted on a lot. The code amendment reserves the right for immediate removal
of the sign if at any time it is determined that pedestrian flow is being impeded, such as a
Farmer's Market or a narrow sidewalk. These types of signs should generally be placed
outside the flow of traffic, and illustrate menu items and specials for the adjacent business
only.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE TO AMEND UNIFIED
DEVELOPMENT CODE CH. 174.08, PROHIBITED
SIGNS, TO ALLOW "A" FRAME
SANDWICH/MENU BOARD SIGNS UNDER
CERTAIN CONDITIONS.
WHEREAS, the Unified Development Code currently prohibits all portable or temporary
attraction sign boards, including "A" frame sandwich boards; and
WHEREAS, in certain instances, these types of signs that are typically placed on sidewalks
during business hours may better inform pedestrians of menu options available; and
WHEREAS, certain businesses within the City depend upon pedestrian traffic more so than
vehicular traffic for advertising;
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 and
replaces Ch. 174.08 (C) of the Unified Development Code with Exhibit "A," attached hereto and
made a part hereof.
PASSED and APPROVED this—day of J 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA SMITH, City Clerk
f
Exhibit "A"
ADM 08-3055
Chapter 174.08 (C) of the Unified Development Code shall be repealed and the following placed
in its stead:
§174.08 Prohibited Signs
(C) Portable swinger or temporary attraction sign boards. It shall be unlawful for any person to
continue to display or erect any portable swinger, "A" frame, sandwich, or temporary
attraction sign board in the city, except under the following conditions:
( 1 ) One (1 ) freestanding, "A" frame sandwich / menu board for a single permitted business
may be permitted on a commercially zoned lot or on the adjacent public or private
sidewalk in front of the respective business for the duration of the business' hours of
operation. The temporary sign shall be removed and placed inside after business hours.
(2) The permitted sign may not interfere with pedestrian traffic, as determined by the Sign
Administrator. Should the Sign Administrator determine said sign interferes with
pedestrian traffic, it shall be immediately removed.
(3) The permitted sign shall only advertise for the adjacent business, and is to be utilized for
display of menu items or advertised specials.
(4) The size of the sign shall be limited to 36" tall by 24" wide.
(5) No sign may be displayed or erected that swings, rotates, flashes, fluctuates, or is
illuminated, or in any other manner that would violate the provisions of § 174.08.
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
FROM: Kit Williams, City Attorney
DATE : August 13, 2008
RE: A-Frame signs
Fayetteville is probably the only city in Arkansas that no longer has
billboards. Even though Springdale and other cities are taking measures to restrict
or eliminate new billboards from being erected, their citizens are stuck with all
their existing billboards.
Removing the billboards from Fayetteville was popular with most citizens,
but opposed and fought by some business interests. Our sign ordinance survived
many legal challenges that went all the way to the Arkansas Supreme Court and
one more recent challenge to the Eighth Circuit Court of Appeals. Therefore, I
need to evaluate every proposed change to ensure it does not inadvertently weaken
the legal basis for our sign ordinance or its constitutionality .
The most important restriction preventing the return of billboards is the sign
ordinance' s prohibition against off-site advertising. Thus, our ordinance allows
many types of signs, including very large wall signs advertising the business at the
business location. But we do not allow signs at one business location to advertise
another business or commercial product.
If we violate this fundamental prohibition against off-site advertising, a
national law firm specializing in suing cities to force them to allow billboards and
pay damages could sue Fayetteville under an equal protection of the laws
argument. We should not take that risk by allowing product placement advertising
(the logos, ads or slogans of Coke, Pepsi, Bud, Miller, etc.) on A-Frame signs that
are supposed to inform pedestrians of that restaurant' s menu items and lunch
specials. Without such prohibition, I could see one whole side of A-Frame signs
devoted to advertising "Coke" or "Pepsi" with the restaurants even getting paid by
Coke or Pepsi for this advertising. Not only is this not what I believe the
restaurants have sought from the City Council, it also would significantly weaken
the consistency and legal support for our sign ordinance.
CONCLUSION
I completely concur and agree with Alderman Nancy Allen ' s effort to
promote the walkability of the downtown area and the viability of restaurants
which wish to advise pedestrians of their menu or daily specials. Director of
Current Planning Jeremy Pate' s revised proposal will completely accomplish
Alderman Allen ' s goal where such an A-Frame sign will not make a sidewalk
noncompliant with the Americans With Disability Act. It also remains consistent
with our decades old Sign Ordinance' s prohibition against off-site advertising
which helps ensure our billboard ban cannot be successfully challenged .
Please amend the ordinance by amending
Exhibit A to the revised language submitted by Jeremy Pate
with the final agenda.
Taye ILL isle
KANSAS
THE CITY OF FAYETTEVILLE , ARKANSAS
125 W. Mountain St-
Fayetteville,
tFayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
To: City Council, Mayor Dan Coody
From: Jeremy Pate, Director of Current Planning
Date: 13 August 2008
Subject: A-Frame Sign Ordinance
As discussed at the last City Council meeting, I have worked with the City Attorney to address some of the
concerns voiced by City Council members and to remove the potential legal issues for this sign ordinance
amendment regarding discretionary actions that could be challenged in court. It is important to note that our
sign ordinance has been challenged in court on numerous occasions, not all of which were successful for the
City. In order to maintain the integrity of this important ordinance, staff always strives to vet each and every
amendment as much as possible. Staff does support this sign ordinance amendment, and believes it will not
detract from or clutter the visual environment and pedestrian movement in our City. Rather, it may provide
opportunity for increased business for those eating establishments that are not as readily visible.
Attached is the proposed ordinance, with changes, which we recommend that you adopt. Please feel free to
contact me with any questions.
K. UeremylUDC Amendments120081Ch 174 SgwsW-Frame Amendmmtdo
Exhibit "A"
ADM 08-3055
Chapter 174.08 (C) of the Unified Development Code shall be repealed and the following placed
in its stead:
§174.08 Prohibited Signs
(C) Portable sivinger 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, except under the following conditions:
( 1 ) One ( 1 ) freestanding, "A" frame sandwich / menu board for a single permitted business
eating establishment may be permitted on a commercially zoned lot or on the adjacent
public or private sidewalk in front of the respective business for the duration of the
business' hours of operation. The temporary sign shall be removed and placed inside after
business hours.
(2)
Administrate- Should the Sign A d...:..:.dr..a..r d„•...»..1..,. said gn :.,fere re.. With
pedestrian t. a ffi.. it shall be immediately _.,..., ved The sign shall be placed such that
the sidewalk remains ADA compliant, and for signs located on the public sidewalk
there shall be a minimum of five feet of the total sidewalk width free and clear, to
provide adequate and unobstructed pedestrian movement.
(3) The permitted sign shall only advertise for the adjacent business eating establishment,
and is to be utilized for display of menu items or advertised specials. The sign may not
be utilized for product placement or to advertise for other commercial or business
establishments.
(4) The size of the sign shall be limited to 36" tall by 24" wide.
(5) No sign may be displayed or erected that swings, rotates, flashes, fluctuates, or is
illuminated, or in any other manner that would violate the provisions of § 174.08.
if
(8.25.08) Clarice Pearman - Ord. 5166 Page 1
From: Clarice Pearman
To: Allen, Nancy; Pate, Jeremy
Date: 8.25.08 1 : 13 PM
Subject: Ord. 5166
Attachments: 5166 Amend 174.08 Prohibited Signs.pdf
CC: Audit
Jeremy and Alderman Allen:
Attached is a copy of the above ordinance passed by City Council, August 19, 2008 amending Section 174.08 of the code
book. Please let me know if there is anything else needed for this item. Have a good day.
Thanks.
Clarice
i
Arkansas Democrat 700amte
N322sc�=11
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6421
AFFIDAVIT OF PUBLICATION
I , Cathy Wiles, 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: City of
Fayetteville Ordinance 5166
August 25, 2008
Publication Charge : $ 100.23
Subscribed and sworn to before me
This 24 day of aAju4;,- 2008.
Notary Public
My Commission Expires: ,z p
Do not pay from Affidavit, an invoice will be sent " A*
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