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Home My WebLink AboutOrdinance 5174 ORDINANCE NO, 5174 AN ORDINANCE TO AMEND § 174.03 (H) NON-COMMERCIAL SIGNS OF THE UNIFIED DEVELOPMENT CODE TO ALLOW PROPERTY OWNERS TO POST A SMALL POLITICAL SIGN FOR EACH CANDIDATE UP TO SIXTY DAYS BEFORE AN ELECTION WHEREAS, numerous citizens have complained about being limited to posting only one or two political signs on their lots when they would like to show support for additional candidates by posting additional signs; and WHEREAS, during the sixty day period preceding a general or primary election, property owners should be allowed to post a political sign for each candidate that the property owner supports; and WHEREAS, in order to allow the posting of these additional political signs during the upcoming election season and thereby promote the peace and safety of our citizens, this ordinance should be immediately effective upon passage. 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 amends Section 174.03(H) Non-Commercial Signs of the Unified Development Code by enacting a new subsection (3) as shown below: "(3) All districts. In addition to the noncommercial sign allowed above, sixty (60) days prior to a general or primary election, a property owner may display one political sign (not to exceed eight square feet) for each candidate, referendum or initiative issue the property owner wishes to support. All such signs, except those relating to a candidate in a run-off election, shall be removed within three (3) days of the general or primary election. All remaining political signs except the sign allowed in subsection ( 1 ) shall be removed within three (3) days of the run-off election." t Page 2 Ord. 5174 Section 2: Emergency Clause. That the City Council of the City of Fayetteville, Arkansas, hereby determines that in order to preserve the peace and safety of the citizens and allow their full right to political expression prior to an election, an emergency exists such that this ordinance should be and is hereby declared to be in full force and effect upon its passage and approval. „i,u, mrru PASSED and APPROVED this 2nd day of September, 2008. 'Uh��.•��SY 0c •'G�c^? . ; FAYETTEVILLEDS APPROVED: ATTEST: ;9s•9.QKgNgP.•�'.' y J . eeNGT0N C�p``�� quuuuu"` By: By: DAN COODY, Mayor SO RA E. SMITH, City Clerk/Treasurer o AGENDA REQUEST j�,2 l09 joi0y A/A -o,,,pw ba) FOR: COUNCIL MEETING OF SEPTEMBER 2, 2008 FROM: ALDERMAN ADELLA GRAY ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND SECTION 174.03 (H) NON-COMMERCIAL SIGNS OF THE UNIFIED DEVELOPMENT CODE TO ALLOW PROPERTY OWNERS TO POST A SMALL POLITICAL SIGN FOR EACH CANDIDATE UP TO SIXTY DAYS BEFORE AN ELECTION APPROVED FOR AGENDA: Adella Gray Date Alderman Cz Kit Williams Date City Attorney (as to form) ORDINANCE NO. AN ORDINANCE TO AMEND SECTION 174.03 (H) NON-COMMERCIAL SIGNS OF THE UNIFIED DEVELOPMENT CODE TO ALLOW PROPERTY OWNERS TO POST A SMALL POLITICAL SIGN FOR EACH CANDIDATE UP TO SIXTY DAYS BEFORE AN ELECTION WHEREAS, during the sixty period preceding a general or primary election, property owners should be allowed to post a political sign for each candidate that the property owner supports. 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 amends Section 174.03(H) of the Unified Development Code by enacting a new subsection (3) as shown below: "(3) All districts. In addition to the noncommercial sign allowed above, sixty (60) days prior to a general or primary election, a property owner may display one political sign (not to exceed eight square feet) for each candidate, referendum or initiative issue the property owner wishes to support. All such signs, except those relating to a candidate in a run-off election, shall be removed within three (3) days of the general or primary election. All remaining political signs except the sign allowed in subsection ( 1 ) shall be removed within three (3) days of the run-off election." PASSED and APPROVED this 2nd day of September, 2008. APPROVED: ATTEST: DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer 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 nZ DATE : August 18, 2008 RE: Allowing more than two political signs on a residential or commercial lot during the period of sixty days before the election Several citizens complained that the sign ordinance' s allowance of one small (8 square foot) political sign and one large (32 square foot) political sign on a residential lot unnecessarily restricts their desire to show support for numerous candidates. I believe this limitation was to prevent a "cluttered" appearance and to support the sign ordinance' s purpose of protecting Fayetteville' s beauty . ( Relevant sign ordinance section attached .) However, if the City Council wishes to allow more political expression during the last two months of an election (which is when the larger 32 square foot signs are allowed). I have drafted a possible addition to § 174 .03 (1-1 ) Non-Commercial Signs. This would add subsection (3) and allow the owner of lots in all districts (residential, commercial, industrial, etc. ) the right to post not only the one small sign { subsection ( I )} , and the one large sign { §(J)( I )(b) ; . but basically as many small signs as candidates for office that the owner wants to support. This is purely a policy decision that you may want to consider (or not). If the City Council wanted to amend subsection (H) to allow more campaign signs, this amendment could be passed at the September 2"d City Council meeting with an emergency clause and so be in effect on September 5 , 2008 (60 days before the election) . As a policy rather than legal issue, I will not present this possible amendment unless sponsored by an elected policy maker (alderman or mayor). If anyone believes such an amendment makes sense, outweighs the potential cluttered or litter problems, and wishes to sponsor this legislation, please let me know so I can draft the enacting ordinance and emergency clause. TITLE XV UNIFIED DEVELOp� complying with certain applicable provisions of this I ` (�H) 'Non-Commercial Signs. Non-Commercial signs chapter. The exemptions shall apply to the that do not advertise a product or service for requirement for a sign permit. No sign permit shall be 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 (A) Professional name plates. Professional name the following conditions: plates erected flat on walls of building and not (1) Districts where signs not otherwise exceeding four (4) square feet of display surface permitted. In districts where signs are not area. 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 zoning district, provided that maximum display (2) Districts where signs 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 1) 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 setlow 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 9174.08 B. following the closing (sale) of the property on 3 Fluctuating Illumination. which it is located. The permitted illumination and maximum display surface area for a real (J) 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 District Permitted j32 a (Sq. Ft.) exceed 32 square feet) may be installed under Illumination the following terms and conditions: RA Nonilluminated R, R-O Nonilluminated (1 ) Election campaign banners and large signs. P-1 , C and I Illuminated (a) Residential zones including (D) Home occupation signs. Home occupation signs Neighborhood Conservation, R-O, 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 (H), the owner of a residentially zoned (E) Memorial signs, name signs. Memorial signs or 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 sixty days prior to (and to constructed of bronze or other incombustible be removed within three days following) materials. the election to which the sign applies. (F) Trak signs, etc. Traffic or other municipal (b) All other zones. The owner of a parcel signs, legal notices, railroad crossing signs, may install one election campaign sign danger, and such temporary, emergency or of up to 32 square feet no more than nonadvertising signs as may be approved by the sixty days prior to (and to be removed City Council. within three days following) the election to which the sign applies. If the parcel (G) Posting bills, repainting signs. Posting of bills on has more than 100 feet of frontage on a signs, repainting of signs, or the changing of street, the owner may install one large letters or numbers on signs designed for campaign sign per hundred feet of changeable lettering or numbering which were frontage and may substitute and install legally erected and maintained for such an election campaign banner for an allowed special sales event banner no purposes. more than two weeks prior to (and to be CD174:3 (8.4.08 Clarice Pearman - Ord. 5174 Page 1 From: Clarice Pearman To: Gray, Adella Date: 9.4.08 4:26 PM Subject: Ord. 5174 Attachments: 5174 Amend 174.03(H) Non-Commercial Signs.pdf CC: Audit; Ball, Chad Alderman Gray: Attached is a copy of the above ordinance passed by City Council, September 2, 2008 amending §174.03(H) Non- commercial signs. This ordinance was passed with an emergency clause making it effective immediately upon passage. Please let me know If there is anything else needed for this item. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, C.A.M.C., C.M.C. City Clerk/Treasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us Arkansas Democrat 790axette . . 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 5174 Sept. 6, 2008 Publication Charge : $79 . 13 Subscribed and sworn to before me This g day of 2008. 0. pMM.... •. L� Notary Public � w ape • 4 My Commission Expires: 7917a, C2 o / X Pus\-�ry.' ��•yAY ob.�. PQ� Do not pay from Affidavit, an invoice will be sent o Nco• RECEIVED SEP 1 . 0 2008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORDINANCE NO. 5174 AN ORDINANCE TO AMEND § 174,03 (H) NON- { f COMMERCIAL SIGNS OF THE UNIFIED DEVELOP- . ��A I MENF CADS L ALLOW L SIGN FY OWNERS N- [GJC i YI POST A SMALL POLITICAL SIGN FOR EEEACH TION DIDATE UP TO SIXTY DAYS BEFORE AN ELECTION gRKANSAS WHEREAS, numerous citizens have complained ' about being IlrNted to Posting only one of Mo PdRb cal signs an their lots when they mould like to shoe Support for additlomal candidates by Posting additional Signs; and _ WHEREAS, during the sixty day period preceding a general or primary election, property Owners should be allowed to post a political sign for each candidate that ma PrOPerty owner supports; and WHEREAS, In order to allow the posting of these additional political signs during the upcoming election season and thereby promote the peace and safety of Our citizens, this ordinance should be Immediately effective upon passage. N(YW, THEREFORE, BE IT 1HIDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas, hereby errentls Section 174 03(H) Non-Cam,ercial Signs of the Unified Development Code by enacting a new subsection (3) as shown below 13) All districts. In addition to Ne nenoormlerciel sign allowed above, sixty (60) days prior to a gen- eral or ptlmery election, a property Owner may display ane political sign (rot to exceed eight square feet) for each candidate, referendum or Initiative Issue the property Omer wishes to support. All such signs, except those relating to a candidate in a runoff election, shall be removed within three (3) days of the general or pdmarr election. All remaining Political signs except Me sign allowed In Subsection (1) shall be removed within three (3) days of the runoff election.' Arkansas. hereby Section 2: Emergency Clause. That the City ou Cncil 01 Ne CM of FayenWille. determines that in Order to preserve the peace and safety of the citizens and allow their lull right to political titic l expression prior too be In full force aendneH erupoo Itexists pass such that entl approval ISOrae� sherd be and i PASSED end APPROVED this 2nd day of September, 2008. APPROVED: ATTEST: By. _— By' DAN GOODY, MiYYr SOIIDRA E. SMITH, CRY 0I61141k/M1nlell RECEIVED SEP 110 2008 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE