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HomeMy WebLinkAbout2000-01-18 - Agendas - Final i FATETTEVVLLE THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA FAYETTEVILLE CITY COUNCIL JANUARY 18, 2000 A meeting of the Fayetteville City Council will be held on January 18, 2000 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT AGENDA 1 . APPROVAL OF THE MINUTES: Approval of the minutes of the January 4, 2000 City Council meeting. 2. CONSTRUCTION MATERIAL: A resolution awarding bids for construction materials utilized by various divisions of the City. 3, POLICE RADIO EVALUATION: A resolution awarding a contract to RCC Consultants. The contract will be for services to evaluate the current radio system and recommend either a replacement or an upgrade. 4, CELLULAR ANTENNA: A resolution approving a contract with SWPCS for cellular antenna space on the Mount Sequoyah Water Tank. 5, HWY 265 WIDENING: A resolution authorizing payment of $647,000 to the Arkansas Highway and Transportation Department for additional right-of-way costs along Highway 265 and approval of a budget adjustment. 6, DRUG LAW ENFORCEMENT PROGRAM GRANT: A resolution authorizing the Mayor to apply for a federal grant in the amount of $383,794.00; and approval of a budget adjustment in the amount of $ 17,338 to bring Fayetteville's matching funds to $63 ,338.00 and increase one sworn officer position. 7. OMI CONTRACT: A resolution approving Amendment No. 5 to the OMI Contract for operation and management services, Fayetteville Wastewater Treatment Plant at a total cost of $3 ,715,901 .00, inclusive of management fees of $88,854.00. 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8257 Final Agenda January 18, 2000 Page 2 8, ALLTEL COMMUNICATIONS: A resolution granting a temporary revocable license for the placement of buried fiber optic communication cable in the street and alley rights-of-way. 9. MIDDLE SCHOOL: A resolution approving an agreement with the Fayetteville Public Schools for construction of an 8 inch water main from Mount Comfort Road to the Middle School Property within the Rupple Road right-of-way. 10. RUPPLE ROAD CONSTRUCTION: A resolution authorizing the Mayor to approve a construction contract change order with APAC in the amount of $53,334.70. The change order is for the installation of the proposed 8 inch waer main from Mount Comfort Road to the Middle School property. B. OLD BUSINESS C. NEW BUSINESS 1. EGIS CONSULTING: An ordinance approving an agreement for professional services with EGIS Consulting Inc. regarding the USCOE 404 permit for the Arkansas Research and Technology Park. This contact amount is $27,000.00. A bid waiver is requested. 2. HWY 265 CONDEMNATION: An ordinance authorizing the City Attorney to seek possession of certain lands located along Highway 265 in the City of Fayetteville by the Power of Eminent Domain, in association with the required easements for the Highway 265 Water and Sewer Relocations. Such properties are owned by Anthony De Palma, Jeane and David Randle, and Timothy and Christine Klinger. 3. OPEN BURNING: An ordinance providing for regulations for open burning within the City of Fayetteville. 4, XEROX CORPORATION: A resolution approving a bid waiver and a contract with Xerox Corporation for the purchase of two network Copiers. Replacement of contract for non-networked copiers. Z©od CITY COUNCIL 0 RI TqqFT ,T AUSTIN DAVIS ✓ TRITMRO DANIFT YOUNG MAYOR HANNA �01L� 1 RUSSELL RFVMOlnq AllqTTM DAVIS �G S TRUMBO DANIEL W)l Wry MAYOR HANNA RFVMQT DR ATIRTM DAVIS TRITMRO DANIFT i5 r✓ �✓ v ✓ ,� SANTOS ✓ YOUNG ✓ / v CITY COUNCIL 0 DAVIS TRITMRO DANIFT RANTOR YOUNG MAYOR HANNA ✓ ✓ c� AT JqllN DAVIS TRUMBO DANIEL YM NCT MAYOR HANNA P� REYNOLDS ✓ ,✓ ►i AUSTIN DAVIS IRTIMBO SANTOS YOUNG ✓ ✓ MAYOR 14ANNA ou : �� FA 'ETTEVNILI,E THE CITY OF FAYETTEVILLE, ARKANSAS FINAL AGENDA FAYETTEVILLE CITY COUNCIL JANUARY 18, 2000 A meeting of the Fayetteville City Council will be held on January 18, 2000 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. �A, CONSENT AGENDA 1. ✓APPROVAL OF THE MINUTES: Approval of the minutes of the January 4, 2000 City Council meeting. 2. �ONSTRUCTION MATERIAL: A resolution awarding bids for construction 3" �U materials utilized by various divisions of the City. 3. ✓POLICE RADIO EVALUATION: A resolution awarding a contract to RCC q - 00 Consultants. The contract will be for services to evaluate the current radio system and recommend either a replacement or an upgrade. 4, ✓CELLULAR ANTENNA: A resolution approving a contract with SWPCS for 5,00 cellular antenna space on the Mount Sequoyah Water Tank. 5. ✓HWY 265 WIDENING: A resolution authorizing payment of $647,000 to the (p - a0 Arkansas Highway and Transportation Department for additional right-of-way costs along Highway 265 and approval of a budget adjustment. 6. /f RUG LAW ENFORCEMENT PROGRAM GRANT: A resolution 7 -oo authorizing the Mayor to apply for a federal grant in the amount of $383,794.00; and approval of a budget adjustment in the amount of $ 17,338 to bring Fayetteville's matching funds to $63,338.00 and increase one sworn officer position. 7. ✓OMI CONTRACT: A resolution approving Amendment No. 5 to the OMI 73- Ob Contract for operation and management services, Fayetteville Wastewater Treatment Plant at a total cost of $3,715,901 .00, inclusive of management fees of $883854.00. 113 WEST MOUNTAIN 72701 501 521-7700 FAX 501 575-8257 Final Agenda January 18, 2000 Page 2 Yi' 8. ALLTEL COMMUNICATIONS: A resolution granting a temporary revocable [h L/ �� license for the placement of buried fiber optic communication cable in the street and alley rights-of-way. 9. ✓MIDDLE SCHOOL: A resolution approving an agreement with the Fayetteville Public Schools for construction of an 8 inch water main from Mount Comfort Road to the Middle School Property within the Rupple Road right-of-way. 10. ✓RUPPLE ROAD CONSTRUCTION: A resolution authorizing the Mayor to approve a construction contract change order with APAC in the amount of /0 - 00 $53,334.70. The change order is for the installation of the proposed 8 inch waer main from Mount Comfort Road to the Middle School property. B. OLD BUSINESS C. NEW BUSINESS 1„/,/AGIS CONSULTING: An ordinance approving an agreement for professional services with EGIS Consulting Inc. regarding the USCOE 404 permit for the Arkansas Research and Technology Park. This contact amount is $27,000.00. A / bid waiver is requested. 2.J HWY 265 CONDEMNATION: An ordinance authorizing the City Attorney to seek possession of certain lands located along Highway 265 in the City of Fayetteville by the Power of Eminent Domain, in association with the required easements for the Highway 265 Water and Sewer Relocations. Such properties are owned by Anthony De Palma, Jeane and David Randle, and Timothy and Christine Klinger. 3.1✓XPEN BURNING: An ordinance providing for regulations for open burning Y z t within the City of Fayetteville. 4. ✓eROX CORPORATION: A Fesek*ien approving a bid waiver and a contract r�� Gj5 with Xerox Corporation for the purchase of two network Copiers. Replacement of contract for non-networked copiers. //ZZ/Ov Uuc - Final Agenda January 18, 2000 Page 2 8, ALLTEL COMMUNICATIONS: A resolution granting a temporary revocable license for the placement of buried fiber optic communication cable in the street and alley rights-of-way. 9. MIDDLE SCHOOL: A resolution approving an agreement with the Fayetteville Public Schools for construction of an 8 inch water main from Mount Comfort Road to the Middle School Property within the Rupple Road right-of-way. 10. RUPPLE ROAD CONSTRUCTION: A resolution authorizing the Mayor to approve a construction contract change order with APAC in the amount of $53 ,334.70. The change order is for the installation of the proposed 8 inch wtdt° main from Mount Comfort Road to the Middle School property. B. OLD BUSINESS C. NEW BUSINESS 1. EGIS CONSULTING: An ordinance approving an agreement for professional services with EGIS Consulting Inc. regarding the USCOE 404 permit for the Arkansas Research and Technology Park. This contact amount is $27,000.00. A bid waiver is requested. 2. HWY 265 CONDEMNATION: An ordinance authorizing the City Attorney to seek possession of certain lands located along Highway 265 in the City of Fayetteville by the Power of Eminent Domain, in association with the required easements for the Highway 265 Water and Sewer Relocations. Such properties are owned by Anthony De Palma, Jeane and David Randle, and Timothy and Christine Klinger. 3, OPEN BURNING: An ordinance providing for regulations for open burning within the City of Fayetteville. 4. XEROX CORPORATION: A resolution approving a bid waiver and a contract with Xerox Corporation for the purchase of two network Copiers. Replacement of contract for non-networked copiers. AGENDA SESSION JANUARY 11, 2000 FOR CITY COUNCIL MEETING JANUARY 18, 2000 ADDITIONAL INFORMATION: 1. XEROX COPIERS: Additional information for item C. 4. NEW ITEMS: 1. ALLTEL COMMUNICATIONS: Temporary revocable license for buried fiber optic communication cable. 2. WATER MAIN FOR NEW MIDDLE SCHOOL: Agreement with Fayetteville Public Schools for construction of an 8" water main and a change order with McClinton Anchor. 3. EGIS CONSULTING: Professional services with EGIS for the Arkansas Research and Technology Park. FAYETTEV .-LLE •THE CITY OF FAYETTEVILLE, ARKANSAS TENTATIVE AGENDA FAYETTEVILLE CITY COUNCIL JANUARY 18, 2000 A meeting of the Fayetteville City Council will be held on January 18, 2000 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT AGENDA 1 . APPROVAL OF THE MINUTES: Approval of the minutes of the January 4, 2000 City Council meeting. • 2. CONSTRUCTION MATERIAL: A resolution awarding bids for construction materials utilized by various divisions of the City. 3, POLICE RADIO EVALUATION: A resolution awarding a contract to RCC Consultants. The contract will be for services to evaluate the current radio system and recommend either a replacement or an upgrade. 4. CELLULAR ANTENNA: A resolution approving a contract with SWPCS for cellular antenna space on the Mount Sequoyah Water Tank. 5, HWY 265 WIDENING: A resolution authorizing payment of $647,000 to the Arkansas Highway and Transportation Department for additional right-of-way costs along Highway 265 and approval of a budget adjustment. 6. DRUG LAW ENFORCEMENT PROGRAM GRANT: A resolution authorizing the Mayor to apply for a federal grant in the amount of $383 ,794.00; and approval of a budget adjustment in the amount of $ 17,338 to bring Fayetteville' s matching funds to $63 ,338.00 and increase one sworn officer position. 7. OMI CONTRACT: A resolution approving Amendment No. 5 to the OMI Contract for operation and management services, Fayetteville Wastewater Treatment Plant at a total cost of $3 ,715,901 .00, inclusive of management fees of $889854.00. 113 WEST MOUNTAIN 72701 501521-7700 FAX 501 575-8257 0 0 • B. OLD BUSINESS C. NEW BUSINESS 1. SIGN ORDINANCE: An ordinance amending Chapter 151 of the Code of Fayetteville to define and provide for the regulation of monument signs; and define and clarify the use of joint identification and area signs. 2. HWY 265 CONDEMNATION: An ordinance authorizing the City Attorney to seek possession of certain lands located along Highway 265 in the City of Fayetteville by the Power of Eminent Domain, in association with the required easements for the Highway 265 Water and Sewer Relocations. Such properties are owned by Anthony De Palma, Jeane and David Randle, and Timothy and Christine Klinger. 3. OPEN BURNING : An ordinance providing for regulations for open burning within the City of Fayetteville. 4. XEROX CORPORATION: An ordinance approving a bid waiver and a contract with Xerox Corporation for the purchase of two network Copiers. Replacement • of contract for non-networked copiers. FAYETTEVOLLE THE CITY OF FAYETTEVILLE, ARKANSAS DRAFT TENTATIVE AGENDA FAYETTEVILLE CITY COUNCIL JANUARY 18, 2000 A meeting of the Fayetteville City Council will be held on January 18, 2000 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT AGENDA 1. APPROVAL OF THE MINUTES: Approval of the minutes of the January 4, 2000 City Council meeting. 2. CONSTRUCTION MATERIALS: A resolution awarding bids for construction materials utilized by various divisions of the City. B. OLD BUSINESS C. NEW BUSINESS l'titf 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8257 HE CITY OF FAYETTEVILLE, ARKANSAS TENTATIVE AGENDA FAYETTEVILLE CITY COUNCIL JANUARY 18, 2000 A meeting of the Fayetteville City Council will be held on January 18, 2000 at 6:30 p.m. in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas. A. CONSENT AGENDA 1. APPROVAL OF THE MINUTES: Approval of the minutes of the January 4, 2000 City Council meeting. • 2. CONSTRUCTION MATERIAL: A resolution awarding bids for construction materials utilized by various divisions of the City. 3, POLICE RADIO EVALUATION: A resolution awarding a contract to RCC Consultants. The contract will be for services to evaluate the current radio system and recommend either a replacement or an upgrade. � 0 CELLULAR ANTENNA: A resolution approving a contract with SWPCS for n cellular antenna space on the Mount Sequoyah Water Tank. 5, HWY 265 WIDENING: A resolution authorizing payment of $647,000 to the Arkansas Highway and Transportation Department for additional right-of-way costs along Highway 265 and approval of a budget adjustment. 6. DRUG LAW ENFORCEMENT PROGRAM GRANT: A resolution authorizing the Mayor to apply for a federal grant in the amount of $383 ,794.00; and approval of a budget adjustment in the amount of $ 17,338 to bring Fayetteville' s matching funds to $63 ,338.00 and increase one sworn officer position. OMI CONTRACT: A resolution approving Amendment No. 5 to the OMI Contract_for. operation and management services, Fayetteville Wastewater • Treatment Plant at a total cost of $3 ,715,901 .00, inclusive of management fees of $885854.00. 113 WEST MOUNTAIN 72701 501521-7700 FAX 501575-8257 l • B. OLD BUSINESS C. NEW BUSINESS 5 1. SIGN ORDINANCE: An ordinance amending Chapter 151 of the Code of � p4,0 �rO" ' Fayetteville to define and provide for the regulation of monument signs; and d P define and clarify the use of joint identification and area signs. 2, HWY 265 CONDEMNATION: An ordinance authorizing the City Attorney to seek possession of certain lands located along Highway 265 in the City of Fayetteville by the Power of Eminent Domain, in association with the required easements for the Highway 265 Water and Sewer Relocations. Such properties are owned by Anthony De Palma, Jeane and David Randle, and Timothy and Christine Klinger. 3, OPEN BURNING : An ordinance providing for regulations for open burning within the City of Fayetteville. 4, XEROX CORPORATION: An ordinance approving a bid waiver and a contract with Xerox Corporation for the purchase of two network Copiers. Replacement • of contract for non-networked copiers. w `7 , • AN N. L �AlB % vt.. 1 � -•� I 1, � \ , � \, � o •. \ •� `\ � \I 1 C 1,75 p9t 8 , K4N \ \ `�, i 7 I% Itt E� 11 11 !/ ' 4 'il� �• v ��1� - IA A \� y 66 i. • I • �f / // ;/ / vA w. � / � •� .. ' it I,^v fv �� ` i ! l' 9 p / \�_ 1/ 1 lA 6 • /E� / / 1; K dt 1 r % ' 7if /I � G ; ; r / � -Por . 'erll� i j ] / / '9®ot84eI .G-_5100 1416. 8 iIi'j I11 Iii ; 1 1�37. 6 � 1 � ; ' ,� /\, \ l/ .� I . I C. It f If °j /. � \ -F .S :RE LAi ff ! if j X _ 2r St tti � 7 { 2 `v , ; ' % \ I / • 1 3ST i100' 1 � . I � City roI 5320 6.. . ^ ' ' •I s • 1 � �.( fl I I '7 Pe fy j � 1 i � ` _. 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' °'n'i _ - 153 co ji Nlrl If , .93• / . { 103.7?' te`r of if I9 Ila / I3 I D / / h� �y'�i ; IJ fO :H • • Sign Ordinance C. 1 .Page 1 Frr1 ` t EXHIBIT A JAN���EVIEW FORM AGENDA REQUEST I� ' ' n CONTRACT REVIEW C�Tv ^ ` ` ' E- GRANT REVIEW CITYGLcn:c'SGfrICE For the Fayetteville City Council meeting of P� ?, 2000 FROM : Bert Rakes Inspection Public Works Name Division Department ACTION REQUIRED : Review and act on proposed Sign Ordinance Revision , COST TO CITY : $ N / A $ Cost of this Request Category/Project Budget Category/ Project Name N / A $ Account Number Funds Used To Date Program Name N / A $ Project Number Remaining Balance Fund BUddDG,,ErrT RREVIEW : N / A Budgeted Item N / A Budget Adjustment Attached . X , .� Budget Coordinator Administrative Services Director CONTRACT/GRANT/LEASE REVIEW : GRANTING AGENCY : Acco ti M e Date ADA Coordinator Date City tt Date Internal Auditor Date � . � o ia . aq -99 Purchasing Officer Date STAFF RECOMMENDATION : A al o Revision . i ,fir lj! D3 ✓L� Division Head / D e Cross Reference !U// New Item : Yes No Department Director Date Aminist -ed Prev Ord/Res # : ve Services Director Date / ` O Orig Contract Date : Mayo Date Sign Ordinance . • C. 1.Page 2 Page 2 on RMO FOA! Description Sign Ordinance Revision Meeting Date Feb . 1 , 2000 Cots: Reference Canents: Budget Coordinator Accounting Manager • City Attorney Purchasing officer ADA Coordinator Internal Auditor • Si n Ordinance E � jT T E�LLE C g1 .Page 3 THE CITY OF FAYETTEVIEEE, ARKANSAS DEPARTMENTAL CORRESPONDENCE December 23, 1999 TO: FAYETTEVILLE CITY COUNCIL TH: MAYOR HANNA FR BERT RAKES, INSP. DIV. DIR RE: PROPOSED SIGN ORDINANCE REVISIONS Attached you will find an Agenda Request and proposed revision to the Sign Ordinance. The purpose of the proposed revisions is to eliminate the conflict of Monument Signs negotiated by the Planning Commission and developers and also to define and clarify the use of Joint Identification and Area Signs. Monument Signs have become more popular since recognized in the Overlay District Ordinance. When a developer requests a sign permit for a Monument Sign that has been approved by the • Planning Commission a variance must be granted by the Board of Sign Appeals because the Sign Ordinance does not recognize a Monument Sign. The proposed revisions will allow a developer to substitute a Monument Sign with display area restricted by district as indicated for a conforming Freestanding Sign. The existing Sign Ordinance permits a four square foot Freestanding Sign in a R-2, R-3, and R-0 District. The proposed revision will allow a Monument Sign up to sixteen square feet. The section on Joint Identification Sign has been revised to clarify some troublesome language and to permit a Joint Identification Monument Sign up to thirty-two square feet in a R-0 District. A Joint Identification Sign is typically used to identify several business within a subdivision. An Area Sign typically used to identify subdivisions can now be permitted up to thirty-two square feet for a tract of five acres or more. The proposed revision will provide a choice of a single sign with. display on both sides or two signs with display on one side. Also, signs at two entrances can be permitted when a subdivisions has more than one entrance. The maximum display area in C and I Districts is proposed to increase to 75 square feet. Freestanding, Joint Identification, and Area Signs cannot be commingled. Only one Freestanding Sign can be permitted on one lot. It is propgWd that Joint Ide1*6931ion and Area Signs be permitted at an approved location at no more than two enUances. Sinmemrl Sign Ordinance • • C. 1.Page 4 ORDINANCE NO. • AN ORDINANCE AMENDING CHAPTERS 151, DEFINITIONS, AND 1749 SIGNS, THE CODE OF FAYETTEVILLE, TO DEFINE AND PROVIDE FOR THE REGULATION OF MONUMENT SIGNS; AND, DEFINE AND CLARIFY THE USE OF JOINT IDENTIFICATION AND AREA SIGNS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS : Section 1. That Chapter 151 , Definitions, of the Code of Fayetteville, is hereby amended to delete the definitions of Area Identification Sign and Joint Identification Sign. Section 2. That Chapter 151 , Definitions, of the Code of Fayetteville, is hereby amended to add the following definitions: Area Sign. (Signs) A sign to identify a common area containing a group of structures, or a single structure on a minimum site of five acres, such as a residential subdivision, residential . office, commercial or industrial subdivision, apartment complex, mobile home park, or shopping center located at the entrance or entrances of the area, and consisting of fence or wall or archway with letters or symbols affixed thereto or other supporting structure as approved by the Building Inspector. Joint Identification Sign. (Signs) A sign which serves as common or collective identification for a group of persons or businesses operating in the same subdivision or lot in a residential office, commercial or industrial district (e.g., shopping center, office complex, etc.) Such sign may name the persons or businesses included but carry no other advertising matter. Monument Sign. A freestanding sign with a maximum height of six feet above the surrounding finish grade and whose entire base is in contact with and supported by the ground. Section 3. That Chapter 174, Signs, § 174. 10, Freestanding Signs, Subsection CA., of the Code of Fayetteville, is hereby deleted and the following shall be inserted in its stead: §174.10. FREESTANDING SIGNS. C. C Districts. 4. 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 Building Inspector, at no more than two remote entrance locations. The permit applicant shall provide a recorded legal document as approved by . • Sign Ordinance C. 1 .Page 5 • the Building Inspector indicating ownership and responsibility for maintenance of sign and subject to the following: a. R-1, R-1 .5, R-2 and R-3 District. Prohibited. b. R-O District. Monument sign permitted with a maximum display surface area of thirty-two square feet. c. C and I District. Display surface area shall not exceed 300 square feet. d. Joint Identification Sign Display. A freestanding sign or monument sign greater than thirty-two square feet for a person or business with display on a joint identification sign shall not be allowed. Section 4. That Chapter 174, Signs, § 174. 10, Freestanding Signs, of the Code of Fayetteville, is hereby amended to add the following: §174.10. FREESTANDING SIGNS. 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 Building Inspector, 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 often feet from the street right-of-way and may be substituted for a freestanding sign permitted by § 174. 10, provided the display surface area meets the following: 1 . R-1 and 111 .5 Districts. Prohibited on individual lots. 2. A and P Districts. The display surface area shall not exceed thirty-two square feet. 3. R-2, R-3 and R-O Districts. The display surface area shall not exceed sixteen square feet. 4. C and I Districts. The display surface area shall not exceed the maximum permitted by § 174. 10. • Section 5. That Chapter 174, Signs, § 174. 13, Area Signs, of the Code of Fayetteville, is hereby deleted. • • Sign Ordinance C. 1 .Page 9 D. Home Occupation Signs. Home prescribed herein for signs similarly located occupation signs erected flat against the wall are maintained. and not exceeding three square feet. J. Banners. E. Memorial Signs, Name Signs. Memorial signs or tablets, names of buildings 1 . Public/Private Events. and date of erection when cut into any Banners shall be exempted when used in masonry surface or when constructed of conjunction with public and private events as bronze or other incombustible materials. follows: a. Election Cam-. F. Traffic Sigas, Etc. Traffic or other paigns. Election campaign banners when said municipal signs, legal notices, railroad banners are not placed more than ten days crossing signs, danger, and such temporary, prior to and removed within 72 hours emergency or nonadvertising signs as may be following the election to which the banner approved by the City Council. applies. b . Public Events . G. Posting Bills, Repainting Signs. Public event banners shall be removed within Posting of bills on signs, repainting of signs, 72 hours following the event to which the or the changing of letters or numbers on signs banner applies. designed for changeable lettering or c . Private Sales numbering which were legally erected and Events. Banners placed on private property maintained for such purposes. for advertising a special sales event. H. Election Campaign Signs. 2. Advertising. Banners Political signs are permitted to be placed on bearing advertising matter shall be considered private property in any district, subject to the wall or freestanding signs, depending upon following conditions: mounting, and shall meet all regulations pertaining thereto. 1 . Districts Where Signs Not Otherwise Permitted. In districts where K. Signs Located in Buildings. All signs are not otherwise permitted, a political signs located within a building that are not sign may be erected but said sign shall be visible .to_the public outside said building. removed within 72 hours following the final election to which it applies; the owner of the L. Signs on Windows. Signs painted property on which said sign is placed shall be on, or affixed to, glass surfaces of windows or responsible for its removal. doors and pertaining to the lawful business conducted therein. 2. Sign Permitted. In districts where signs are otherwise permitted, political M. Directional Identification and signs shall meet those requirements. Informational Signs. Directional, identification and informational signs; I. Time and Temperature Displays, provided, such signs shall be limited to wall Time and temperature displays without and freestanding signs with a maximum of advertising matter, providing all clearances four square feet of display surface area. Is Notwithstanding the restrictions on the - 3 - Sign Ordinance • C. 1 .Page 10 location and number of freestanding signs Q. Fuel Price Informational Signs. prescribed by § 174. 10, one freestanding sign In any district, signs advertising the price of not exceeding four square feet in display motor vehicle fuel sold from a fuel pump surface area shall be permitted at each located on the premises shall be permitted, entrance or exit on a lot or parcel to identify subject to the following conditions: such entrance or exit and to encourage the use of motor vehicle seatbelts, subject to the 1 . Price. Only one fuel price following restrictions: informational sign shall be permitted per fuel PUMP. 1 . Traffic Hazard. No such sign shall be erected which would create a 2 . Size . Fuel price traffic hazard. informational signs shall be limited in size to an area of 216 square inches. 2. Seat Belt Sign. Any words or symbols encouraging the use of seatbelts 3. Stationary. Each fuel price shall face the interior of the lot or parcel on informational sign shall be affixed directly which the sign is located and shall not face the and firmly to a fuel pump and shall be street unless the City's official seatbelt sign is stationary. used. 4. Other Locations, Nothing N. Collection Boxes. Collection herein shall be construed as to prohibit the boxes for charitable or nonprofit organizations advertisement of fuel prices on any other sign containing no commercial advertising and meeting the requirements of this chapter. located on private property in any C or I Zoning District. 5. Sign Faces. Only one two- faced, or two one-faced, self service/full O. Subdivision Signs. In any service signs not exceeding four square feet in district, one temporary . subdivision display surface area shall be permitted at each identification sign indirectly illuminated, not pump island. to exceed 50 square feet in area per surface may be erected at any principal entrance to a R Fences and Scoreboards in City subdivision, provided that in no event shall Parks. Signs may be permitted on such sign remain for more than six months baseball/softball fences and scoreboards in within 50 feet of a dwelling in a R District city parks as provided for in §97.088 (B). occupied as a dwelling. (Code 1991 , § 158.08; Code 1965, § 17B-6; P. Freestanding Bulletin Boards. A Ord. No. 1893, 12- 19-72; Ord. No. 3294, 9- freestanding bulletin board shall be set back a 15-87; Ord. No. 3307, 10-20-87; Ord. No. minimum of 15 feet from street right-of-way; 33139 11 -17-87) and any bulletin board having a display surface area in excess of ten square feet shall be set back from street right-of-way an §174.04 SIGN IDENTIFICATION. Every additional one-foot for each two square feet of sign or other advertising structure hereafter display surface area in excess of ten square registered shall show in a conspicuous place feet. thereon which is visible to the Inspector and is - 4 - • • Sign Ordinance C. 1.Page 11 readable by the Inspector from the ground, the shape, size, or legend, or on or before January permit number. 19, 1980, whichever occurs sooner. (Code 1991 , § 158.04; Code 1965, § 17134A: B. Off-Site, Nonconforming Signs, Ord. No. 1893 , 12- 19-72; Ord. No. 2790, 1 - Off-site, nonconforming signs not otherwise 18-82) prohibited by the provisions of this chapter shall be removed or shall be altered so as to conform with the provisions of this chapter on §174.05 SIGN REMOVAL. In the event a or before January 19, 1977. Off-site business ceases operation for a period of time nonconforming signs not otherwise prohibited in excess of 60 days, the sign owner or lessee, by this chapter shall be removed or shall be or the property owner, shall immediately altered so as to conform with the provisions of remove any sign identifying or advertising this chapter within four years from January said business or any product sold thereby; 1991973. provided, however, this requirement shall not apply where under the provisions of this C. Enlarge/Alter, No nonconforming chapter an existing conforming sign may be sign may be enlarged or altered in a way altered to advertise a new business to be in which would increase its nonconformity. operation on the premises within 60 days. D. Damage/Replace. Should any Cross Reference: Enforcement, Chapter 153 . nonconforming sign be damaged by any means to an extent of more than 50% of its . (Code 1991 , § 158.35 ; Code 1965, § 17B-7(a); replacement cost at time of damage, it shall Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2- not be reconstructed except in conformity with 83 ; Ord. No. 2948, 9-20-83 ; Ord. No. 32982 the provisions of this chapter. 10-6-87) (Code 1991 , § 158.07; Code 1965, § 17B-5 ; Ord. No. 1893, 12-19-72; Ord. No. 2109, 6-3- §174.06 NONCONFORMING SIGNS, For 75 ; Ord. No. 2255, 7-20-76) the purpose of this section, a nonconforming sign shall be defined as a sign existing on or before January 19, 1973, which could not be §174.07 PLACING SIGNS ON PUBLIC built under the terms of this chapter or under AND PRIVATE PROPERTY, the terms of Zoning, Chapter 160-165. A. Placing Signs on Public Property. A. On-Site, Nonconforming Signs. All on-site, nonconforming signs not 1 . Agencies of Government. otherwise prohibited by the provisions of this No signs other than signs placed by agencies chapter shall be removed or shall be altered to of government shall be erected on any public conform to the provisions of this chapter when property; provided, directional signs may be the nature of the business conducted on the erected upon the City's street name signposts, premises changes and the sign is changed or or upon traffic signposts under the following modified either in shape, size, or legend, or conditions: when the name of the business changes and a. Public Facility/Out the sign is changed or modified either in of Town Patrons. The signs direct the reader - 5 - Sign Ordinance • C. 1.Page 12 to the location of a public facility attended d. Temporary Sign. principally by out-of-town patrons, to a No such temporary sign shall be placed on facility operated by a nonprofit . entity and public property for more than five successive attended principally by out-of-town patrons, to days; a facility relating to the public health, safety e. Location/Approval. or welfare, or to scenic or historic trails; The location of each such sign shall be b. Traffic Department. approved by the Sign Inspector and Traffic The signs are fabricated, erected and Superintendent to ensure that the signs will maintained by the City Traffic Department; not constitute a traffic hazard; c. Cost. The entire cost f. Permit/Number of of the signs is borne by the entity requesting Signs. The organization applies for, and is the signs; issued, a sign permit; one permit may d. Installation. The authorize installation of up to three signs signs are installed at locations where they pursuant to the provisions of this division; and would not constitute a traffic hazard; g. Temporary Signs. e. Traffic Control No such organization shall install, or be issued Devices. The signs conform to the manual on a permit to install a temporary sign on public uniform traffic-control devices; and property pursuant to the provisions of this E Directional Signals. division more often than six times within a The maximum number of directional signs 12-month period. permitted under this section shall be seven for each entity; provided, the limitation provided B. Placing Signs on Private hereby shall not apply to signs directing the Property. No signs shall be placed on any reader [thereof] to scenic or historic trails. private property without the consent of the owner thereof. 2. Nonprofit Organizations. Nonprofit organizations shall be allowed to C. Placing Signs on Trees or Rocks. place temporary signs of a noncommercial No signs shall be placed or painted on any tree nature on public property for the purpose of or rock. directing the general public to the location of an event or activity which promotes the D. Placing Signs on Utility Poles. general public welfare. The placement of such No signs shall be placed on any utility pole temporary signs shall be subject to the except for utility identification or . similar following conditions: purposes. a. Display Surface Area. The maximum display surface area of (Code 1991 , § 158.37; Code 1965, § 17B-7(c); each sign shall not exceed six square feet; Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2- b. Number of Signs. 83 ; Ord. No. 2948, 9-20-83 ; Ord. No. 3298, No more than three signs directing the general 10-6-87; Ord. No. 3677, § 1 , 3-2-93) public to such an event or activity shall be placed on public property at the same time by one such organization; §174.08 PROHIBITED SIGNS. c . Organization Name. Each such sign shall identify the A. Spot Lights and Beacons. It shall nonprofit organization by name; be unlawful for any person to continue in - 6 - • • Sign Ordinance C. 1 .Page 13 operation or erect any attraction device or sign E. Windblown Signs. It shall be which contains a beacon of any type and/or unlawful for any person to display any contains a spot light providing direct windblown sign; provided, windblown signs illumination to the public. may be displayed on a lot, at a shopping center, or at a mall one time per year for a (Code 1991 , § 158.39; Code 1965, § 17B-7(e); period not to exceed 72 hours if a temporary Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2- sign permit is first obtained from the Building 83; Ord. No. 29483 9-20-83 ; Ord. No. 3298, Inspector upon payment of a the appropriate 10-6-87) fee; provided further, one company flag shall be permitted on a lot, at a shopping center, or B. Fluctuating Illumination. Itshall atamall. be unlawful for any person to erect additional attraction devices or signs or to continue in (Code 1991 , § 158.45 ; Code 1965, § 17B-7(k); operation an attraction device or sign which Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2- flashes, blinks, or is animated. Illumination of 83 ; Ord. No. 2948, 9-20-83 ; Ord. No. 3298, attraction devices or signs located in the City 10-6-87) that fluctuates in light intensity shall be prohibited. F. Signs that Constitute a Traffic Hazard. No sign or other advertising (Code 1991 , § 158.40; Code 1965, § 17B-7(f); structure as regulated by this chapter shall be Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2- erected or continued to be displayed at the 83; Ord. No. 2948, 9-20-83 ; Ord. No. 3298, intersection of any street in such a manner as 10-6-87) to obstruct free and clear vision; or at any location where, by reason of the position, C. Portable Swinger or Temporary shape, or color, it may interfere with, obstruct Attraction Sign Boards. It shall be unlawful the view of or be confused with any for any person to continue to display or erect authorized traffic sign, signal or device; or any portable swinger, "A" frame, sandwich or which makes use of the words, " STOP," temporary attraction sign board in the City. "LOOK," "DRIVE-IN," "DANGER," or any other word, phrase, symbol or character in (Code 1991 , § 158.41 ; Code 1965, § 17B-7(g); such manner as to interfere with, mislead, or Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2- confuse traffic. 83 ; Ord. No. 2948, 9-20-83; Ord. No. 3298, 10-6-87) (Code 1991 , § 158.36; Code 1965, § 17B-7(b); Ord. No. 1893, 12-19-72; Ord. No, 2934, 8-2- D. Revolving, Rotating, or Moving 83; Ord. No. 2948, 9-20-83; Ord. No. 3298, Signs. It shall be unlawful for any person to 10-6-87) erect or to continue using any sign the exterior of which revolves, rotates or otherwise moves, G. Use of Vehicle as Sign. It shall in whole or in part. be unlawful to use a vehicle or a trailer as a sign in circumvention of this chapter. (Code 1991 ,§ 158.44; Code 1965, § 17B-70); Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2- (Code 1991 ,§ 158.42; Code 1965,§ 17B-7(h); Ord. No. 83; Ord. No. 2948, 9-20-83; Ord. No.3298, 10- 1893, 12-19-72; Ord. No. 2934, 8-2-83; Ord. No. 2948, 9-20-83; Ord. No. 3298,10-6-87) 6-87) - 7 - Sign Ordinance • • C. 1 .Page 14 H. Roof Signs. Roof signs shall not foot for each foot of setback less than 40 feet. be permitted except on appeal to the Board of Freestanding signs shall be permitted to be Sign Appeals. erected in the city subject to the following: (Code 1991 , § 158.46; Code 1965 , § 1713-8 ; A. A-1 District. Ord. No. 1893 , 12-19-72; Ord. No. 2262, 8-3- 76) 1 . Off- Site . Off- site . freestanding signs shall be prohibited. Cross Reference: Variance, Chapter 156. 2 . On - Site . On - site I. Restrictions Along Controlled freestanding signs subject to the following: Access Highways. No off-site sign shall be a. Number of Signs. permitted within 660 feet of the right-of-way Only one on-site freestanding sign shall be of any controlled access highway. permitted on a lot or at a business operating on two or more adjoining lots. (Code 1991 , § 158.43; Code 1965, § 17B-7(i); b. Display , Surface Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2- Area. Display surface area shall not exceed 83; Ord. No. 2948, 9-20-83 ; Ord. No. 3298, 16 square feet. 10-6-87) c. Illumination. Sign may be illuminated by indirect illumination only. §174.09 SIGN ILLUMINATION. Direct d . Setback from illumination by incandescent light bulbs shall Right-of-Way. Sign shall be set back 35 feet be restricted to light bulbs rated at 25 watts or from existing street right-of-way and 25 feet less. from any R or R-O District. (Code 1991 , § 158.38; Code 1965, § 17B-7(d); B . R and R - 0 Districts . Ord. No. 1893, 12-19-72; Ord. No. 2934, 8-2- Freestanding signs shall be prohibited and no 83; Ord. No. 2948, 9-20-83 ; Ord. No. 3298, freestanding signs shall be erected in any R or 10-6-87) R-O District of the city; provided, one freestanding bulletin board per lot shall be permitted, subject to the restrictions on §174.10 FREESTANDING SIGNS. It bulletin boards prescribed by § 174.03 P.; shall be unlawful to erect any freestanding provided fiuther, one on-site freestanding sign sign which total height is greater than 30 feet shall be permitted on a lot or parcel zoned R- above the level of the street upon which the 2, R-3, or R-O subject to the following sign faces. Freestanding signs located on restrictions: . property which abuts both a controlled access highway and a State or Federal numbered 1 . Display Surface Area. The highway may not be erected where the total maximum display surface area shall not height of said sign is greater than 30 feet exceed four square feet; above the plane of the pavement of the highest road at the intersection. For any sign located 2. Setback from Right-of- closer to street right-of-way than 40 feet the Way. The sign shall be set back a minimum maximum height shall be reduced one-half of 15 feet from street right-of-way; - 8 - • • Sign Ordinance C. 1 -Page 15 3, Height. The height of the b. Setback from sign shall not be greater than six feet above Right-of=Way. Set back shall be a minimum the level of the street upon which the sign of 15 feet from street right-of-way; provided, faces; an on-site freestanding sign located on property which abuts a controlled access 4. Setback from R District. highway shall be set back a minimum of 40 The sign shall be set back a minimum of 25 feet from street right-of-way of the service feet from the boundary of any R District; road. c. Adjoining Property, 5. Adjoining Property. The May be erected a minimum of one foot from sign shall be erected a minimum of ten feet adjoining property. d. Illumination. Signs from adjoining property; may be illuminated by direct or indirect 6. Illumination. The sign may illumination. be illuminated by indirect illumination only. e. Setback from R or RO District. Set back shall be a minimum of C. C Districts. 25 feet from the boundary of any R or R-O District. 1. Number of Signs. Only one 4 on-site freestanding sign shall be permitted on 4. Joint Identification S' a lot, at a shopping center, or at a mall; e a surface area of joint i ation W provided, only one on-site freestanding sign signs may reased t quare foot per shall be permitted for any business operating 500 square feet ss leaseable building on two or more adjoining lots. area, wi ximum disp cc area of tu uare feet. '1 or 2. Off-Site. Only one off-site freestanding sign shall be permitted on any D. I Districts. vacant property of one ownership. 1 . Number of Signs. Only 3 . Freestanding Signs . one on-site freestanding sign shall be Freestanding signs shall be subject to the permitted on a lot, at a shopping center, or at following: a mall; provided, only one on-site freestanding a. Display Surface sign shall be permitted for any business Area. Display surface area shall not exceed operating on two or more adjoining lots. ten square feet; provided, the display surface area may be increased two square feet for each 2 . Off-Site . Off- site one foot the sign is set back from street right- freestanding signs shall be prohibited. of-way beyond 15 feet; provided further, the maximum display surface area for a sign 3 . Freestanding Signs . which is set back from street right-of-way 40 Freestanding signs shall be subject to the feet or more shall be 75 square feet; provided following: further, the maximum display surface area for a. Display Surface an on-site freestanding sign located on Area. Display surface area shall not exceed property which abuts a controlled access ten square feet; provided, the display surface Is highway shall be 200 square feet. area may be increased two square feet for each - 9 - Sign Ordinance • • C. 1.Page 16 one foot the sign is set back from street right- § 174.11 PROJECTING SIGNS, of-way beyond 15 feet; provided further, the maximum display surface area for a sign A. Sidewalks. It shall be unlawful to which is set back from street right-of-way 40 erect any projecting sign that projects from the feet or more shall be 75 square feet; provided wall of a building upon which it is erected a further, the maximum display surface area for distance of more than two-thirds of the width an on-site freestanding sign located on of the sidewalk (in those instances where there property which abuts a controlled access is a sidewalk next to the building) or within highway shall be 200 square feet. two feet of street right-of-way (in those b . Setback from instances where there is no sidewalk next to Right-of-Way. Set back shall be a minimum the building); provided, no projecting sign of 15 feet from street right-of-way; provided, shall project more than six feet from the wall an on-site freestanding sign located on of the building upon which it is erected. property which abuts a controlled access highway shall be set back a minimum of 40 B. Location. Projecting signs shall feet from street right-of-way of the service be located on the vertical surface of a building road. and shall not be higher than the eave or rafter c. Adjoining Property. line, whichever is higher. Projecting signs Signs may be erected a minimum of one foot shall clear grade level below the sign by a from adjoining property; provided, however, minimum of eight feet. said signs must be set back 25 feet from the boundary of any R or R-O District. C. Display Surface Area. The display surface area of a projecting sign shall Is E. P Districts. Freestanding signs not exceed 16 square feet. Only one projecting other than those permitted in § 174. 10 shall be sign per business shall be permitted and a prohibited and no freestanding sign shall projecting sign shall not be permitted on hereafter be erected in the P Districts. property which has a freestanding sign. F. Space of Off-Site, Freestanding D. Off-Site. Off-site projecting signs Signs. No two off-site, freestanding signs shall be prohibited in all zoning districts. shall be spaced less than 200 feet apart; provided, the minimum spacing provided E. On-Site. On-site projecting signs hereby shall not apply to signs separated by shall be prohibited in A- 1 and R zoning buildings or other obstructions in such a districts. manner that only one sign is visible from the street or highway at any one time. (Code 1991 ,§ 158.48; Code 1965, § 17B-10; Ord. No. 1893,12-19-72; Ord. No.2255,7-20- (Code 1991 , § 158.47; Code 1965, § 17B-9; 76) Ord. No. 1893, 12-19-72; Ord. No. 3008, 5- 1 - 84; Ord. No. 3029, 8-21 -84; Ord. No. 3294, 9- §174.12 WALL SIGNS, 15-87) A. Projection. • ADD 1 , General. Wall signs shall �(� not project more than 18 inches from the oV surface upon which they are mounted. • SG E pQo po $ E 1) - 10 - Da� i � h � CE - • • Sign Ordinance C. 1 .Page 17 2. Mansard Root The upper 1 . Number of Signs. Limit of edge of a wall sign mounted on a mansard one on-site wall sign per business per roof may project more than 18 inches so long building; provided, when a building abuts as the sign is perpendicular to the ground. more than one street, the limit shall be one on- site wall sign per business per building for B. Number of Signs. each wall which faces an abutting street. 1 . Multiple Tenants, Where 2. Display Surface Area. a building houses more than one business, Display surface area shall not exceed 16 wall signs shall be limited in number to one square feet. wall sign per business on each wall with a limit of four wall signs per business per (Code 1991 , § 158.49; Code 1965, § 17B- 11 ; building. Ord. No. 1893, 12- 19-72; Ord. No. 2309, 2- 15-77; Ord. No. 3217, 10-21 -86; Ord. No. 2. Single Tenant. Where a 32949 9-15-87) building houses only one business, a maximum of four wall signs may be placed on one wall, but no more than four wall signs >hi AREA SIGNS. may be placed on the building. Size/Location. The size Pd C. Display Surface Area. e fence, wall, or others e l co n the area identifi on sign, IV 1 . Number of Signs. The pprove the Buil g Inspector,display surface area of all wall signs on any l approve s cture upon theone wall shall not exceed 150 square feet or of traffic sa ht lines. V20% of the area of the wall on which they are Jlocated, whichever is greater. . lay Surface a. Thedisplay surface area f area W2. Multiple Tenants. In the tion signs shall not exceed 32 eevent a building which houses multiple tenants does not front on the street or highway from which principal access to the building is (Code 1991 , § 158.50; Code 1965, § 1713-11 . 1 ; obtained, the display surface area of each sign Ord. No. 1996, 4- 16-74) on a wall shall not exceed 150 square feet or 20% of the area of the wall and the display Cross Reference: General Pro istons, Chapter surface area of all wall signs on the wall 150; Definitions, Chapter lnforcement, facing said street or highway shall not exceed Chapter 153e, Fees, Chapter 159; Variances, the area of the wall. Chapter 156; Boards and Commissions, Chapter 33 ; Appeals, Chapter 155. D. Off-Site Wall Signs. Off-site wall signs shall be prohibited in all zoning districts. E. Limitations in R and RO Districts. In R and R-O zoning districts, the following limitations shall apply: - 11 - Sign Ordinance • • C. 1.Page 18 CHAPTER=. HAPTER 151 : DEFINITIONS Definitions. For the purpose of Title displayed are distinguished or characterized XV: Unified Development Ordinance, the by the depicting or describing of "specified following definitions shall apply to the divider sexual activities" or "specified anatomical sections, chapters, sections or subsections, areas". unless the context clearly indicates or requires a different meaning. Adult Bookstore or Adult Video Store. (Zoning) A commercial establishment Accessory Community Structurese whose principal business purpose is to offer (Mobile Homes and Parks Opened or for sale or rental for any form of consideration Expanded after 4-20-72) A structure or a any one or more of the following: Books, portion of a structure for commercial use that magazines, periodicals or other printed matter, is located in a mobile home park and which is or photographs, films, motion pictures, vides intended solely for the convenience of the cassettes, or video reproductions, slides or residents or occupants of the mobile home other visual representations which depict or park. describe "specified sexual activities" or Accessory Structures. (Mobile "specified anatomical areas". • Homes and Parks Opened or Expanded after 4-20-72) Any structural addition to the Adult Cabaret. (Zoning) A mobile home such as awnings, cabanas, nightclub, bar, restaurant, or similar carports, Florida rooms, porches, patio covers, commercial establishment which regularly and similar additions. features: Accessory Use or Structure. A. Persons who appear in a state of (Zoning Regulations) A use or structure on nudity; or the same lot with, and of a nature customarily B . Live performances which are incidental and subordinate to, the principal use characterized by the exposing of "specified or structure. sexual activities" or "specified anatomical areas"; or Active Open Space. (Development) C. Films, motion pictures, video An area intended for rigorous activity such as cassettes, slides or other photographic tennis, baseball, badminton, and other games reproductions which are characterized by the requiring physical exertion. depiction of "specified sexual activities' or "specified anatomical areas". Adult Arcade. (Zoning) Any place to which the public is permitted or invited Adult Motion Picture Theater. wherein coin-operated or slug-operated or (Zoning) A commercial establishment where, electronically, electrically, or mechanically for any form of consideration, films, motion controlled image producing devices are pictures, video cassettes, slides, or similar maintained to show images to five -or fewer photographic reproductions are regularly viewers at one time, and where the images so shown, excluding those which are rated by the -6-