HomeMy WebLinkAbout2003-07-01 - Agendas - Final Final Agenda
For
City Council Meeting
July 1 , 2003
A meeting of the Fayetteville City Council will be held on July 1 , 2003 at 6:00 p.m. in Room 219
of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
A. CONSENT:
1. Approval Of The Minutes: Approval of the June 17, 2003 meeting minutes.
2. 2003 Community Development Block Grant Allocation of 5560,000.00: A .
resolution approving the grant agreement for the remaining $560,000.00 balance of
the 2003 Community Development Block Grant (CDBG).
3. Roberts-McNutt Company/Sang Senior Center. A resolution awarding a contract
to Roberts McNutt Company in the amount of $22,863.00 for a re-roof project at the
Sang Senior Center; approving a project contingency in the amount of $3,430.00 and
approving a budget adjustment in the amount of $ 19, 151 .00 for some.
• 4. McClelland Consulting Engineers/ FBO Hangar Task Order # 13: A resolution
approving Amendment No. 1 to Task Order No. 13 with McClelland Consulting
Engineers in the amount of $3,983.50.
5. McClelland Consulting Engineers/Corporate Hangar Complex Task Order # 10:
A resolution approving Amendment No. 1 to Task Order No. 10 with McClelland
Consulting Engineers in the amount of $6,937.50.
6. Motorola, Inc. Bid #03-35 Ruggedized Laptop Computers: A resolution awarding
Bid #03-35 to Motorola, Inc. in the amount of $ 106,126.09 for the purchase of 20
ruggedized laptop computers and 17 docking stations.
7. Ozark Regional Transit Expenses: A resolution approving the transfer of funds in
the amount of $ 15,232.00 to the Ozark Regional Transit Authority for the purpose of
offsetting a drastic increase in insurance premiums; and approving a budget
adjustment in that amount for same.
8. Standard Register Company/ADED: A resolution certifying that the City of
Fayetteville endorse the Standard Register Company to participate in the State of
Arkansas Tax Back Program (ADED).
9. Banc of America Leasing: A resolution authorizing the use of $1 ,178,928.00 under
amendment 65 Master Lease Agreement with Banc of America Leasing & Capital,
LLC to reimburse the City for the purchase of residential solid waste vehicles.
Be OLD BUSINESS:
C. NEW BUSINESS:
1. CEI Engineers Master Street Plan Appeal (Butterfield Trail Village): An appeal
from Butterfield Trail Village of the Master Street Plan Right of Way dedication
requirements.
2. VAC. 03-1.00 (Kim Scott Mountain Mechanical Contractors): An Ordinance
amending Ordinance 4466 to vacate and abandon the unopened portion of 96 Street,
East of South School Avenue, South of Lots 2 and 8, Block 16 and North of Lots 1
and 24, Block 17 in the Ferguson Addition as depicted on the attached map and legal
description.
3. RZN 03-19.00 (Tom Broyles 14.66 acres): .An ordinance rezoning that property,
described in rezoning petition RZN 03-19.00 as submitted by Jerry Kelso on behalf of
Tom Broyles for property located East of Beachwood Avenue South of 156 Street,
moving the current zoning line to a new configuration with the subject property being
R-2, Medium Density Residential.
4. RZN 03-20.00 (Tom Broyles 7.45 acres): An ordinance rezoning that property
described in rezoning petition RZN 03-20.00 as submitted by Jerry Kelso on behalf of
Tom Broyles for property located East of Beachwood Avenue South of 156 Street,
moving the current zoning line to a new configuration with the subject property being
zoned C-2, Thoroughfare Commercial.
5. RZN 03-21.00 (John Nock): An ordinance rezoning that property described in
rezoning petition RZN 03-21 .00 as submitted by John Nock for property located at
4023 Wedington Drive, Fayetteville, Arkansas from A-1 , Agricultural to C-1
Neighborhood Commercial.
6. Zoning Map Adoption: An ordinance adopting a new official Zoning Map of the
City of Fayetteville and incorporating the renamed zoning districts on the new official
Zoning Map as adopted in Title 15; the Unified Development Code of the Fayetteville
Code of Ordinances.
7. Unified Development Code, Chapter 174: Signs: A ordinance amending Title XV:
Unified Development Code, chapter 174: Signs, of the Code of Fayetteville, to
provide amendments to and clarification of various provisions to conform with the
judgment and memorandum opinion of the United States District Court for the
Western District of Arkansas issued in LA Tour v. City of Fayetteville; and declaring
an emergency.
D. INFORMATIONAL:
1. Council Tour: June 30, 2003
• Final Agenda
For
City Council Meeting
July 1, 2003
A meeting of the Fayetteville City Council will be held on July 1 , 2003 at 6:00 p.m. in Room 219
of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.
A. CONSENT:
1. Approval Of The Minutes: Approval of the June 17, 2003 meeting minutes.
2. 2003 Community Development Block Grant Allocation of 55609000.00: A ,
Ca�3 resolution approving the grant agreement for the remaining $560,000.00 balani of
the 2003 Community Development Block Grant (CDBG).
3. Roberts-McNutt Company/Sang Senior Center. A resolution awarding a contract
2 to Roberts McNutt Company in the amount of $22,863.00 for a res-roof project at the
Sang Senior Center, approving a project contingency in the amount of $3,430.00 and
approving a budget adjustment in the amount of $19,151 .00 for Same.
• 4. McClelland Consulting Engineers/ FBO Hangar Task Order # 13: A resolution
q y 4 3 approving Amendment No. 1 to Task Order No. 13 with McClelland Consulting
Engineers in the amount of $3,983.50.
5. McClelland Consulting Engineers/Corporate Hangar Complex Task Order # 10:
5 - 03 A resolution approving Amendment No. 1 to Task Order No. 10 with McClelland
Consulting Engineers in the amount of $6,937.50.
6. Motorola, Inc. Bid #03-35 Ruggedized Laptop Computers: A resolution awarding
q(0 Bid #03-35 to Motorola, Inc. in the amount of $ 106,126.09 for the purchase of 20
ruggedized laptop computers and 17 docking stations.
7, Ozark Regional Transit Expenses: A resolution approving the transfer of funds in
the amount of $ 15,232.00 to the Ozark Regional Transit Authority for the purpose of
7 3 offsetting a drastic increase in insurance premiums; and approving a budget
adjustment in that amount for same.
& Standard Register Company/ADED: A resolution certifying that the City of
/;
S-,05 Fayetteville endorse the Standard Register Company to participate in the State of
`9 Arkansas Tax Back Program (ADED).
9. Banc of America Leasing: A resolution authorizing the use of $1 ,178,928.00 under
• I i) ?r amendment 65 Master Lease Agreement with Banc of America Leasing & Capital,
/ V/ LLC to reimburse the City for the purchase of residential solid waste vehicles.
B. OLD BUSINESS: •
L C. NEW BUSINESS:
1. CEI Engineers Master Street Plan Appeal (Butterfield Trail Village): An appeal
$ (5 from Butterfield Trail Village of the Master Street Plan Right of Way dedication
requirements
2. VAC. 03-1.00 (Kim Scott Mountain Mechanical Contractors): An Ordinance
/ amending Ordinance 4466 to vacate and abandon the unopened portion of 9m Street,
K East of South School Avenue, South of Lots 2 and 8, Block 16 and North of Lots 1
and 24, Block 17 in the Ferguson Addition as depicted on the attached map and legal
description.
3. RZN 03-19.00 (Tom Broyles 14.66 acres): .An ordinance rezoning that property
oYl described in rezoning petition RZN 03- 19.00 as submitted by Jerry Kelso on behalf of
t ',„ Tom Broyles for property located East of Beachwood Avenue South of 15th Street,
moving the current zoning line to a new configuration with the subject property being
R-2, Medium Density Residential:
4. RZN 03-20.00 (Tom Broyles 7.45 acres): An ordinance rezoning that property
described in rezoning petition RZN 03-20.00 as submitted by Jerry Kelso on behalf of
j-n Tom Broyles for property located East of Beachwood Avenue South of 15th Street, •
moving the current zoning line to a new configuration with the subject property being
zoned C-2, Thoroughfare Commercial
a 5. RZN 03-21.00 (John Nock): An ordinance rezoning that property described in
d rezoning petition RZN 03-21 .00 as submitted by John Nock for property located at
q 4023 Wedington Drive, Fayetteville, Arkansas from A-1 . Agricultural to C-1
` Neighborhood Commercial.
6. Zoning Map Adoption: An ordinance adopting a new official Zoning Map of the
n City of Fayetteville and incorporating the renamed zoning districts on the new official
� a- Zoning Map as adopted in Title 15; the Unified Development Code of the Fayetteville
�Csd Code of Ordinances
7, Unified Development Code, Chapter 174: Signs: A ordinance amending Title XV:
Unified Development Code, chapter 174: Signs, of the Code of Fayetteville, to
X500 provide amendments to and clarification of various provisions to conform with the
/ judgment and memorandum opinion of the United States District Court for the
Western District of Arkansas issued in LA Tour v. City of Fayetteville: and declaring
an emergency.
D. INFORMATIONAL:
1. Council Tour. June 30, 2003 •
Meeting of July 1, 2003
Subject:
Motion By:
Seconded:
Motion To:
Davis
Lucas POOO�
Jordan
Reynolds
Thiel
Cook
Marr
Rhoads
Mayor Coody
Subject: / 1 pfl JAAL1F � /�
Motion By:
Seconded:
Motion To: 0440. 4os
Lucas
Jordan
Reynolds �/ ✓
Thiel ✓ ✓
Cook ✓ ✓
Marr t�
IV�ert?o6t1�
Meeting of July 1, 2003
Subject: C"l wdt
Motion By:
Seconded:
Motion To:
9a - d3 Lucas
n Jordan ✓
9 , 03 Reynolds
Thiel
Cook
Marr
Subject: Lnatf 'PItLw �
Motion By:
Seconded:
Motion To:
Lucas
Jordan
ordan
Reynolds
Thiel
� 00 Cook ✓
Marr
Meeting of July 1, 2003 / �• ,, n
Subject: • ��j ' • � D l �.rM �4 /Y1uu�uk,
Motion By:
Seconded:
Motion To:
Iltavisn
�- Lucas ✓ ✓ ✓
guU ) Jordan ✓ r ✓
tiu e/ Reynolds �/ ✓ ✓
Thiel � ,/ ✓
p Cook
/ q a Marr �� ✓ t/
Subject: R Z N D — n • d TOW / 44
Motion By:
Seconded:
Motion To:
a� N— Lucas
Jordan
Reynolds
Thiel
u& }; Cook
�✓`�' _ Marr
`
l Riwdc
our' ff1w
Meeting of July 1, 2003
Subject: IRZN o 3 070 ob Q,v, 7 S< SQ
Motion By:
Seconded:
Motion To:
Novo
Lucas
Jordan
NReynolds
A�"A✓ Thiel
Cook
xj t+ •- am/ Marr
V%046+
�CR-Ra �• M
Subject: a/- 00 Nock>
Motion By:
Seconded:
Motion To:
Davis
� S
Lucas f J
Jordan i/ ✓ 1/
Reynolds ✓ �/
Thiel ✓ ✓ �/
Cook ✓ ✓ ✓
Marr ✓ ✓
• � � II
Planning Commission* • C.C.
p page 6Adoptlon
June 23, 2003
Page 2
• Hoover: Welcome to the June 23rd Planning Commission meeting. Renee, will you
call the roll please?
Roll Call: Upon the completion of roll call there were nine commissioners present.
Hoover: Thank you. Do I have a motion to approve the minutes from the June 9,
2003 meeting?
Shackelford: So moved.
Bunch: Second.
Hoover: There is a motion by Commissioner Shackelford and a second by
Commissioner Bunch. Renee?
Roll Call: Upon the completion of roll call the motion to approve the minutes of the
June 9, 2003 meeting was approved by a vote of 9-0-0.
Thomas: The minutes are approved.
ADM 03-15.00: Administrative Item (Zoning Map): An ordinance adopting a new
• official zoning map and incorporating the renamed zoning districts on the new official
zoning map as adopted in Title 15 of the Unified Development Code of the Fayetteville
Code of Ordinances. Three copies of the new official zoning map have been filed in the
office of the City Clerk located at 113 W. Mountain Street, City Administration Building
and are available for public examination prior to the passage of the ordinance adopting
the new official zoning map. A copy of the new official zoning map is also available for
review and examination in the Planning Division located at 125 W. Mountain Street.
Hoover: Thank you Renee. At this time I would like to say that items one through
five, the old business listed on our agenda, these items were tabled at the
last meeting. Would any member of the audience or the Commission like
to remove these off the table? They are still tabled. Seeing none, these
items will remain tabled, these annexations. We will move on to item
number six which was FPL 03-05 .00 which was tabled at agenda if
anyone is here for that item it has been tabled also. We will move onto
item number seven which is an administrative item that I believe Tim is
going to present our very own updated zoning map with the corrections.
Conklin: Madam Chair and members of the Commission, this evening we are
presenting the proposed new official zoning map. 1970 was the last time
the City Council or Board of Directors adopted a new zoning map. Over
the last 33 years this map has been amended hundreds of times through the
• rezoning process. In the mid to late 90's we converted what was a hand
drawn map at I "= 1 ,000' to a digital zoning map. At that time we
Planning Commission • C. ninga age MapAdoption
June 23, 2003 .-----
Page 4
said, I move that we move forward with ADM 03- 13.00 to the City
Council.
Anthes: I will second.
Hoover: There is a motion by Commissioner Allen and a second by Commissioner
Anthes. Is there anymore discussion? Renee, will you call the roll please?
Roll Call: Upon the completion of roll call the motion to forward ADM 03- 13 .00
was approved by a vote of nine to zero.
Thomas: The motion carries nine to zero.
•
•
CITY ATTORNEY AGENDA REQUE% FORM
•
FOR: COUNCIL MEETING OF July 1, 2003
FROM:
Assistant City Attorney David J. Whitaker
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance Amending Title XV: Unified Development Code Chapter 174:
Signs, Of The Code Of Fayetteville, To Provide Amendments To And
Clarification Of Various Provisions To Conform With The Judgment And
Memorandum Opinion Of The United States District Court For The Western
District Of Arkansas Issued In LaTour v. City Of Fayetteville And Declaring An
• Emergency
APPROVED FOR AGENDA:
�% 2 66
Assis t City Attorney ate
6z Ad
Mayor Date
•
ORDINANCE NO. •
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE, CHAPTER 174: SIGNS, OF THE CODE
OF FAYETTEVILLE, TO PROVIDE AMENDMENTS TO AND
CLARIFICATION OF VARIOUS PROVISIONS TO CONFORM
WITH THE JUDGMENT AND MEMORANDUM OPINION OF `
THE UNITED STATES DISTRICT COURT FOR THE WESTERN
DISTRICT OF ARKANSAS ISSUED IN LA TOUR v. CITY OF
FAYETTEVILLE; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 . That Chapter 174: Signs, Unified Development Code, Code of
Fayetteville is hereby repealed, and Exhibit "A" attached hereto and made a part
hereof, is inserted in its stead.
Section 2. Emergency Clause. That the City Council of the City of
Fayetteville, Arkansas, having found that the United States District Court
Judgment and Memorandum Opinion require the immediate amendment of •
those sections of Chapter 174 found to be constitutionally deficient, hereby
declares this ordinance to be necessary for traffic safety and protec 5 ' m
visual clutter, and as such, an emergency is hereby declared t d
ordinance shall be in full force and effect from the da p age and
approval.
PASSED and APPROVED this 15 ay of July, s,. 3.
VE):::
Y, Mayor
SOND_ S _ , City Clerk
•
• KIT wILUAMs, cr1Y ATTORNEY
DAVID WFUTAKER, ASST. Cl1Y ATTORNEY
LEGAL DEPARTMENT
TO: Dan Coody, Mayor
City Council
Tim Conklin, Community Planning & Engineering Services Director
Dawn Warrick, Zoning & Development Administrator
FROM: Kit Williams, City Attorney
DATE: June 20, 2003
RE: Judge Hendren's Memorandum Opinion in John LaTour case
involving the City's Sign Ordinance
• Federal District Judge Hendren issued a memorandum opinion late
Thursday, July 19, 2003 which we received about noon today concerning the
challenge to the Fayetteville Sign Ordinance. Judge Hendren rejected Plaintiff
LaTour's argument that his message board sign should be able to flash since the
ordinance allows time and temperature signs to flash. Earlier Judge Hendren
had rejected all of LaTour's demands for Ten Million Dollars in punitive
damages against the City and several officials (including myself and the City
Prosecutors for enforcing the ordinance) .
Judge Hendren did find the city's sign ordinance lacking in a couple of
areas. The sign ordinance now states that after a proper and complete sign
application has been submitted to the inspector, "he shall then issue the erection
permit." §174.02 B. The City has never delayed issuing such pemut .to my
knowledge, and I believed " then" meant immediately. However, this is not
40
crystal clear and in the changing constitutional area of First Amendments and
signs, the Courts demand absolute clarity when it comes to potential .
discriminatory delays.
Back in May, I redrafted our Sign Ordinance to try to bring it up to the
current constitutional standards. I have already met with Tim Conklin, Dawn
Warrick, Steve Cattaneo, Hugh Earnest and others for first review of my
proposed changes. I wanted to wait until Judge Hendren had ruled on our sign
ordinance to ensure we would fix every possible constitutional weakness of our
ordinance. Attached is my draft revised ordinance that I believe addresses all of
the constitutional concerns and weaknesses discussed in the Judge's
Memorandum Opinion which is also enclosed. Also enclosed is my memo of
May 16, 2003 discussing my proposed changes and the reasons for each change.
You will note that even some provisions which the Court determined
passed constitutional muster have been rewritten to add more clarity and protect
against constitutional challenges in the future.
Besides the lack of a specific time frame when a sign application must be
issued, the other major problem was that certain commercial signs (professional .
nameplates, building construction signs, home occupation signs, memorial signs
and building name signs, direction identification and informational signs,
subdivision signs and fuel price informational signs) would be allowed when
other non-commercial signs (religious, political, etc.) would not be allowed. My
proposed updated sign ordinance addresses and I think cures that problem
(favoring commercial signs over non-commercial signs) by new §174.06 Non-
commercial signs.
"Anywhere a commercial sign is permitted by
this code, a noncommercial sign may be placed
on or substituted for such sign."
(This is the language suggested at the International Municipal Lawyer's
Association Seminar I attended in April.)
• The only provision that I have left in the proposed ordinance that might
need to be removed after examining Judge Hendren's Opinion is §174.01 (C)
(Fees.) . The sections dealing with issuance of the permit and sign identification
should be constitutional again once we have addressed the time limit within
which the permit must be issued or rejected in writing after receipt
of the completed application. It may be preferable to just eliminate our current
minor separate fee in this constitutionally protected area.
Judge Hendren ends his Opinion by rejecting Mr. LaTour's argument that
the sign ordinance was unconstitutional as applied to him. He states:
"This is not a constitutionally impermissible regulation.
The City has a legitimate interest in controlling the non-
communicative aspects of the medium of speech, as
opposed to its communication aspects."
Judge Hendren noted that there "is no evidence of intentional or arbitrary
discrimination. The City has advanced rational bases for the distinction between
• time and temperature signs and other flashing or blinking signs. Plaintiff's Equal
Protection challenge to the Sign Ordinance therefore fails."
In sum, the City must now rapidly study, consider and adopt changes to its
Sign Ordinance to correct the constitutional problems determined by Judge
Hendren. I will be out of state for the next two weeks on vacation in Idaho. I
hope the City Council will carefully consider my proposed amendments to the
sign ordinance so that the revised Sign Ordinance can be approved on July 15th.
•
W11YEAMM
• TITLE XV. UNIFIED DEVELOPMENT ORDINANCE
Cbapter 174. Signs.
Sec. 174.01 . General regulations.
Sec. 174.02. Permit application/issuance.
Sec. 174.03. Exemptions.
Sec. 174.04. Sign identification.
Sec. 174.05. Sign removal.
Sec. 174.06. Noncommercial signs.
Sec. 174.07. Placing signs on public and private property.
Sec. 174.08. Prohibited signs.
Sec. 174.09. Sign illumination.
Sec. 174. 10. On-Site freestanding signs.
Sec. 174. 11 . Projecting signs.
Sec. 174. 12. Wall signs.
Secs. 174. 13 .-- 174.99. Reserved.
•
CHAPTER 174. SIGNS.
Sec. 174.01. General regulations. contain or have attached thereto the
following information:
(A)Permit required. It shall be unlawful for
any person to erect, repair, alter, relocate (1) Applicant identification. Name,
or keep within the city any sign or other address and telephone number of the
advertising structure except as exempted applicant.
herein without first obtaining a sign
permit from the Zoning and (2) Location. Location of building,
Development Administrator or designee. structure, or lot to which or upon
which the sign or other advertising
(B) Illuminated signs. All illuminated signs structure is to be attached or erected. ,
shall, in addition, be subject to the
provisions of the electrical code, and the (3) Position. Position of the sign or other
permit fees required thereunder. advertising structure in relation to
nearby buildings or structures.
(C) Fees. Every applicant, before being
granted a permit hereunder, shall pay to (4) Blueprints/drawings. Two blueprints
the Zoning and Development or ink drawings of the plans and
Administrator's Office the permit fee set specifications and method of
forth in Chapter 159. construction and attachment to the
building or in the ground.
(D)Maintenance of premises. All
freestanding signs and the premises (5) Person erecting structure. Name of
surrounding the same shall be person, firm, corporation, or
maintained by the owner thereof in a association erecting structure.
clean, sanitary, and inoffensive
condition, and free and clear of all (6) Consent of owner. Written consent
obnoxious substances, rubbish and of the owner of the building,
weeds. structure, or land to which or on
which the structure is to be erected.
(Code 1965, §§ 17B-3(a), (c), (e), 4(b); Ord.
No. 1893, 12- 19-72; Ord. No. 2198, 2- 17- (7) Electrical permit. Any electrical
76; Ord. No. 2790, 1 -18-82; Code 1991 , permit required and issued for said
§§ 158.053 158.20, 158.229 158.24, 158.38; sign. Application requesting
Ord. No.3925, §4, 10-3-95; Ord. No. 4100, electrical permit for proposed sign
§2 (Ex. A), 6-16-98) must accompany sign application.
Sec. 174.02. Permit application/issuance. (8) Full Compliance With Applicable
Code Provisions. If the proposed
(A)Application. Applications for initial sign sign is subject to the provisions of
permits shall be made upon forms the Commercial Design Standards
provided by the Zoning and (§ 166. 14), Design Overlay District
Development Administrator and shall (§ 161 .21), or other code provisions,
CD174:2
TITLE XV. UNIFIED DEVELOPMENT ORDINANCE
• the applicant must show full provisions of this chapter. _ The exemptions
compliance with all applicable code shall apply to the requirement for sign
provisions, including necessary permit only. No sign permit shall be
approvals by responsible bodies such required for the erection of the following
as the Planning Commission. signs:
(13) Issuance of sign permit. It shall be the (A)Professional name plates. Professional
duty of the Zoning and Development name plates erected flat on walls of
Administrator or designee, upon the building and not exceeding four (4)
filing of an application for an erection square feet of display surface arm
permit, to examine such plans and
Specifications and other data and the (B) Building construction signs. One on-site
premises upon which it is proposed to building construction sign on each
erect the sign or other advertising construction site in any zoning district,,
structure, and if it shall appear that the provided that maximum display surface
proposed structure and sign are in full area shall be eight (8) square feet or less
compliance with all the requirements of in R zoning districts: 32 square feet or
this chapter and all other laws and less in other zoning districts.
ordinances of the city, he shall within
five business days issue the sign permit. (C) Real estate signs. On a lot in any
If the Zoning and Development district, there may be erected one on-site
Administrator or designee fails to reject unanimated real estate sign while the lot
• a completed sign application (that is for sale. Provided further, such signs
purports to show full compliance with all shall be limited to wall signs,
code requirements) within two five freestanding signs or platform signs; and
business days of its submission by freestanding signs or platform signs shall
written explanation of why such be set back a minimum of 10 feet from
application fails to meet all code the street. Real Estate signs shall be
requirements, the sign application shall removed within 72 hours following the
be deemed approved and a sign permit closing (sale). of the property on which it
shall be immediately issued to the is located. The permitted illumination
applicant. If the work authorized under and maximum display surface area for a
an sign permit has not been completed real estate sign shall be as follows:
within six (6) months after date of
issuance, the said permit shall become District Permitted Area (Sq.
null and void. Illumination Ft.
RA Nonilluminated 32
(Ord. No. 1965, § 1713 3(b)9 (d); Ord. No. R, R-O Nonilluminated 8
1893, 12- 19-72; Ord. No. 2198, 2- 17-76; P- 17 C and I Nonflashing 32
Code 1991 , §§ 158.21 ; 158.23; Ord. No.
4100, §2 (Ex. A), 6- 16-98) (D) Home occupation signs. Home
occupation signs erected flat against the
Sec. 174.03. Exemptions. Exemptions shall wall and not exceeding three (3) square
not be construed as relieving the owner of feet.
• such signs from the responsibility of (E) Memorial signs, name signs. Memorial
complying with certain applicable signs or tables, names of buildings and
CD174:3
date of erection when cut into any to provide accurate and convenient .
masonry surface or when constructed of information to observers without being
bronze or other incombustible materials. considered to be in violation of 174.08
B. Fluctuating Elumination
(F) Traffic signs, etc. Traffic or other
municipal signs, legal notices, railroad (J) Banners.
crossing signs, danger, and such
temporary, emergency or nonadvertising (1 ) Public/private events. Banners shall
signs as may be approved by the City be exempted when used in
Council. conjunction with public and private
events as follows:
(G)Posting bills, repainting signs. Posting
of bills on signs, repainting of signs, or (a) Election campaigns. Election
the changing of letters or numbers on campaign banners when said banners
signs designed for changeable lettering are not placed more than 10 days
or numbering which were legally erected two weeks prior to and removed
and maintained for such purposes. within 72 hours following the
election to which the banner applies
(H)Non-Commercial Signs. Non- or the final election that the
Commercial signs that do not advertise a candidate is eligible to run for office
product or service for profit or for a in that year, whichever is earlier.
business purpose, do not propose a
commercial transaction nor relate (b) Public events. Public event •
primarily to economic interests are banners when said banners are
permitted to be placed on private not placed more than two weeks
property in any zoned district subject to prior to and removed within 72
the following conditions: hours following the event to
which the banner applies.
(1) Districts where signs not otherwise
permitted. In districts where signs (c) Private sales events. Banners
are not otherwise permitted, one placed on private property for
political non-commercial sign may advertising a special sales event
be erected subject to the same are not placed more than two
limitations of Real Estate signs. weeks prior to and be removed
within 72 hours following the
(2) Districts where signs are permitted. event to which the banner
In districts where signs are otherwise applies. No more than two (2)
permitted, non-commercial signs special sales events per business
may be placed over or substituted for location may be advertised by
the permitted commercial sign. banners during any one year
period.
(I) Time and temperature displays. Time
and temperature displays without (2) Advertising. Banners bearing
advertising matter, may change their advertising matter shall be
illuminated time and temperature considered wall or freestanding •
displays as often as reasonably necessary signs, depending upon mounting and
CD174:4
TITLE XV. UNIFIED DEVELOPMENT ORDINANCE
• shall meet all regulations pertaining for charitable or nonprofit organizations
thereto. containing no commercial advertising
and located on private property in any C
(K) Signs located in buildings. All signs or I zoning districts.
located within a building that is not
visible to the public outside said (0) Subdivision signs. In any district, one
building. temporary subdivision identification sign
indirectly illuminated, not to exceed 50
(L) Signs on windows. Signs painted on, square feet in area per surface may be
or affixed to, glass surfaces of erected at any principal entrance to a
windows or doors and pertaining to subdivision, provided that in no event
the lawful business conducted shall such sign remain for more than six
therein. No signs affixed to a (6) months within 50 feet of a dwelling
window and visible outside shall in a R district occupied as a dwelling.
flash or fluctuate illumination.
(P) Freestanding bulletin boards. A
(M) ) Directional identification and freestanding bulletin board shall be set
informational signs. Directional, back a minimum of 15 feet from street
identification, and informational right-of-way; and any bulletin board
signs; provided such signs shall be having a display surface area in excess
limited to wall and freestanding signs of 10 square feet shall be set back from
with a maximum of four (4) square feet street right-of-way an additional one (1 )
• of display surface area Notwithstanding foot for each two (2) square feet of
the restrictions on the location and display surface area in excess of 10
number of freestanding signs prescribed square feet. Bulletin boards may not be
by § 174. 10., one freestanding sign not electronic message boards.
exceeding four (4) square feet in display
surface area shall be permitted at each ( Fuel price informational signs. In any
entrance or exit on a lot or parcel to district, signs advertising the price of
identify such entrance or exit and to motor vehicle fuel sold from a fuel pump
encourage the use of motor vehicle located on the premises shall be
seatbelts, subject to the followings permitted, subject to the following
restrictions. conditions:
(1 ) Traffic hazard. No such sign shall be (1 ) Price. Only one fuel price
erected which would create a traffic informational sign shall be permitted
hazard. per fuel pump.
(2) Seat belt sign. Any words or symbols (2) Size. Fuel price informational signs
encouraging the use of seatbelts shall shall be limited in size to an area of
face the interior of the lot or parcel 216 square inches.
on which the sign is located and shall
not face the street. (3) Stationary. Each fuel price
informational sign shall be affixed
• (l) Collection boxes. Collection boxes directly and firmly to a fuel pump
and shall be stationary.
CD174:5
(4) Other locations. Nothing herein shall conforming sign may be altered to advertise •
be construed as to prohibit the a new business to be in "operation on the
advertisement of fuel prices on any premises within 60 days.
other sign meeting the requirements
of this chapter. (Code 1965, § 17B-4A; Ord. No. 1893, 12-
19-72; Ord. No. 2934, 8-2-83; Ord. No.
(5) Sign faces. Only one two-faced, or 2948, 9-20-83 ; Ord. No. 3298; 10-6-87;
two one-faced, self service/full Code 1991 , § 158.35 ; Ord. No. 4100, §2 (Ex.
service signs not exceeding four (4) A), 6- 16-98)
square feet in display surface area
shall be permitted at each pump Cross reference(s)--Enforcement, Ch.
island. 153.
(R) Fences and scoreboards in city parks. Sec. 174.06. Noncommercial signs.
Signs may be permitted on Anywhere a commercial sign is permitted by
baseball/softball fences and scoreboards this code, a noncommercial sign may be
in city parks as provided for in placed on or substituted for such sign.
§97.088(B).
(Code 1965, § 1713-5; Ord. No. 1893, 12- 19-
(Code 1965, § 1713-6; Ord. No. 1893, 12- 19- 72; Ord. No. 2109, 6-3-75; Ord. No. 2255,
72; Ord. No. 3294, 9- 15-87; Ord. No. 3307, 7-20-76; Code 1991 , § 158.07; Ord. No.
10-20-87; Ord. No. 3313, 11 - 17-87; Code 41002 §2 (Ex. A), 6-16-98)
1991 , § 158.08; Ord. No. 4100, §2 (Ex. A), •
6- 16-98) Sec. 174.07. Placing signs on public and
private property.
Sec. 174.04. Sign identification. Every
sign or other advertising structure hereafter (A)Placing signs on public property.
permitted shall show the permit number on
in a conspicuous place thereon which is (1) Agencies of government. No signs
visible and readable from the ground other than signs placed by agencies
of government shall be erected on
(Code 1965, § 1713-6; Ord. No. 1893, 12-19- any public property; provided,
72; Ord. No. 3294, 9-15-97; Ord. No. 3307, directional signs may be erected
10-20-87; Ord. No. 3313, 11 -17-87; Code upon the city s street name signposts,
19912 § 158.08; Ord. No. 4100, §2 (Ex. A), or upon traffic signposts under the
6-16-98) following conditions:
Sec. 174.05. Sign removal. In the event a (a) Public facility/ out-of-town
business ceases operation for a period of patrons. The signs direct the
time in excess of 60 days, the sign owner or reader to the location of a public
lessee, or the property owner, shall facility attended principally by
immediately remove any sign identifying or out-of-town patrons, to a facility
advertising said business or any product sold operated by a nonprofit entity
thereby; provided, however, this and attended principally by out-
requirement shall not apply where under the of-town patrons, to a facility •
provisions of this chapter an existing relating to the public health,
CD174:6
TITLE XV. UNIFIED DEVELOPMENT ORDINANCE
• safety, or welfare, or to scenic or each sign shall not exceed six (6)
historic trails; square feet;
(b) Traffic Division. The signs are (b) Number of signs. No more than
fabricated, erected and three (3) signs directing the
maintained by the city general public to such an event or
Transportation Division; activity shall be placed., on public
property at the same time by one
(c) Cost. The entire cost of the signs such organization;
is borne by the entity requesting
the signs; (c) Organization name. Each such
sign shall identify the nonprofit
(d) Installation. The signs are organization by name;
installed at locations where they
would not constitute a traffic (d) Temporary sign. No such
hazard. temporary sign shall be placed on
public property for more than
(e) Traffic control devices. The signs five (5) successive days;
conform to the manual on
uniform traffic-control devices; (e) Location approval. The location
and of each such sign shall be
approved by the Planning and
• (f) Directional signals. The Zoning Administration or
maximum number of directional designee to ensure that the signs
signs permitted under this section will not constitute a traffic
shall be seven (7) for each entity; hazard;
provided, the limitation provided
hereby shall not apply to signs (f) Permit/number of signs. The
directing the reader to scenic or organization applies for, and is
historic trails. issued, a sign permit; one permit
may authorize installation of up
(2) Nonprofit organizations. Nonprofit to three (3) signs pursuant to the
organizations shall be allowed to provisions of this division; and
place temporary signs of a
noncommercial nature on public (g) Temporary signs. No such
property for the purpose of directing organization shall install, or be
the general public to the location of issued a permit to install a
an event or activity which promotes temporary sign on public
the general public welfare. The property pursuant to the
placement of such temporary signs provisions of this division more
shall be subject to the following often than six (6) times within a
conditions: 12-month period.
(a) Display surface area. The (B) Placing signs on private property. No
• maximum display surface area of signs shall be placed on any private
CD174:7
property without the consent of the
owner thereof. (C) Portable swinger or temporary
attraction sign boards. It shall be
(C) Placing signs on trees or rocks. No unlawful for any person to continue to
signs shall be placed or painted on any display or erect any portable swinger,
tree or rock. "A" frame, sandwich, or temporary
attraction sign board in the city.
(D) Placing signs on utility poles. No signs
shall be placed on any utility pole except (D)Revolving, rotating, or moving signs. It
for utility identification or similar shall be unlawful for any person to erect
purposes. or to continue using any sign the exterior
of which revolves, rotates or otherwise
(Code 1965, § 1713-7(c); Ord. No. 1893, 12- moves, in whole or part.
19-72; Ord. No. 2934, 8-2-83; Ord. No.
2948, 9-20-83 ; Ord. No. 3298, 10-6-87; (E) Windblown signs. It shall be unlawful
Code 1991 , § 159.37; Ord. No. 3677, § 1 , 3- for any person to display any windblown
2-93; Ord. No. 4100, §2 (Ex. A), 6-16-98) sign; provided, windblown signs may be
displayed on a lot, at a shopping center,
Sec. 174.08. Prohibited signs. or at a mall one time per year for a
period not to exceed 72 hours if a
(A)Spot lights and beacons. It shall be temporary sign permit is first obtained
unlawful for any person to continue in from the Planning Division upon
operation or erect any attraction device payment of the appropriate fee; provided •
or sign which contains a beacon of any further, one company flag shall be
type and/or contains a spot light permitted on a lot, at a shopping center,
providing direct illumination to the or mall.
public.
(F) Signs that constitute a traffic hazard.
(B) Fluctuating illumination. It shall be No sign or other advertising structure as
unlawful for any person to erect regulated by this chapter shall be erected
additional attraction devices or signs or at the intersection of any street in such a
to continue in operation an attraction manner as to obstruct free and clear
device or sign which flashes, blinks, or vision; or at any location where, by
is animated. Illumination of attraction reason of the wording position, shape,
devices or signs located in the city that or color, it may interfere with, obstruct
fluctuates in light intensity shall be the view of or be confused with any
prohibited. Electronic message boards authorized traffic sign, signal or device.
using flashing, intermittent or moving
light or lights are prohibited, provided, (G) Use of vehicle as sign. It shall be
however, that electronic message boards unlawful to use a vehicle or a trailer as a
displaying only time and/or temperature sign in circumvention of this chapter.
for periods of not less than 30 seconds
are permitted. Electronic message (H)Off-Site Signs. It shall be unlawful to
boards may change their message every erect any off-site sign.
three hours without violating the •
prohibition of flashing or blinking.
CD174:8
TITLE XV. UNIFIED DEVELOPMENT ORDINANCE
• Cross reference(s)—Variance, Ch. 156, (3) Illumination. Sign may be
Appeals, Ch. 155. illuminated by indirect
illumination only.
(Code 1965, § 17B-7(b), (e}-(k); 17B-8;
Ord. No. 1893, 12- 19-72; Ord. No. 2934, 8- (4) Setback from right-of-way. Sign
2-83 ; Ord. No. 2948, 9-20-83; Ord. No. shall be setback 35 feet from
3298, 10-6-87; Code 1991 , § 158.38, 158.362 existing street right-of:way and
158-39- 158.46; Ord. No. 4100, § 2 (Ex. A), 25 feet from any R or R-O
6-16-98) District.
Sec. 174.09. Sign illumination. Direct (B) RSF and RT Districts. Except pursuant .
illumination by incandescent light bulbs to § 174.03 (c), (H) and (P).
shall be restricted to light bulbs rated at 25 Freestanding signs shall be prohibited
watts or less. and no freestanding signs shall be
erected in RSF and RT District of the
(Code 1965, § 1713-7(d); Ord. No. 1893, 12- city. One freestanding bulletin board per
19-72; Ord. No. 2934; 8-2-83; Ord. No. lot shall be permitted, subject to the
29487 9-20-83; Ord. No. 3298, 10-6-87; restrictions on bulletin boards prescribed
Code 1991 , § 158.38; Ord. No. 4100, §2 (Ex. by § 174.03 (P)
A), 6- 16-98)
(C) R-0 and RMF Districts. One
Sec. 174.10. On-Site freestanding signs. It freestanding signs shall be permitted on
• shall be unlawful to erect any freestanding a lot or parcel zoned RMF or R-O
sign which total height is greater than 30 subject to the following restrictions:
feet above the level of the street upon which
the sign faces. For any sign located closer to ( 1 ) Display surface area. The maximum
street right-of-way than 40 feet, the display surface area shall not exceed
maximum height shall be reduced one-half four (4) square feet;
( 1 /2) foot for each foot of setback less than
40 feet. On-Site Freestanding signs shall be (2) Setback from right-of-way. The sign
permitted to be erected in the city subject to shall be setback a minimum of 15
the following: I feet from street right-of-way.
(A) R-A District. (3) Height. The height of the sign shall
not be greater than six (6) feet above
( 1 ) Number of signs. Only one on- the level of the street upon which the
site freestanding sign shall be sign faces.
permitted on a lot or at a business
operating on two or more (4) Setback from R District. The sign
adjoining lots. shall be setback a minimum of 25
feet from the boundary of any R
(2) Duplay surface area. Display District.
surface area shall not exceed 16
square feet. (5) Adjoining property. The sign shall be
erected a minimum of 10 feet from
adjoining property.
CD174:9
square feet located, as approved by •
(6) Illumination. The sign shall be the Planning Division, at no more
illuminated by indirect illumination than two (2) remote entrance
only. locations. The permit applicant shall
(D) C Districts. provide a recorded legal document as
approved by the Planning Division
(1 ) Number of signs. Only one on-site indicating ownership and
freestanding signs shall be permitted responsibility for maintenance of
on a lot, at a shopping center, or at a sign and subject to the following:
mall; provided only one on-site
freestanding sign shall be permitted (a) R Districts. Prohibited.
for any business operating on two or
more adjoining lots. (b) R-O District. Monument sign
permitted with a maximum
(2) Freestanding signs. Freestanding display surface area of 32 squard
signs shall be subject to the feet.
following:
(c) C and I Districts. Display
(a) Display surface area. Display surface shall not exceed 300
surface area shall not exceed 10 square feet.
square feet; provided, the display
surface area may be increased (d) Joint identification sign display.
two (2) square feet for each one A freestanding sign or monument •
( 1) foot the sign is setback from sign greater than. 32 square feet
street right-of-way beyond 15 for a person or business with
feet, provided further, the display on a joint identification
maximum display surface area sign shall not be allowed.
for a sign which is setback from
street right-of-way 40 feet or (E) I Districts.
more shall be 75 square feet.
(1 ) Number of signs. Only one on-site
(b) Setback from right-of-way. freestanding sign shall be permitted
Setback shall be a minimum of on a lot, at a shopping center, or at a
15 feet from street right-of-way. mall; provided only one, on-site
provided, an on-site freestanding freestanding sign shall be permitted
for any business operating on two or
(c) Setback from adjoining property. more adjoining lots.
Setback shall be a minimum of
25 feet from the boundary of any (2) Freestanding signs. Freestanding
adjoining property. signs shall be subject to the
following:
(3 )Joint identification sign. The display
surface area of joint identification (a) Display surface area. Display
signs may be increased to one square surface area shall not exceed 10
foot per 500 square feet of gross square feet; provided, the display
leaseable building area over 37,500 surface area may be increased
CD174:10
TITLE XV. UNIFIED DEVELOPMENT ORDINANCE
two square feet for each one foot
the sign is setback from street (b) C and I Districts. Display area
right-of-way beyond 15 feet; shall not exceed 75 square feet.
provided further, the maximum
display surface area for a sign (H) Monument signs. A monument sign
which setback from street right- shall be setback a minimum of 10 feet
of-way 40 feet or more shall be from the street right-of-way and may be
75 square feet. substituted for a freestanding sign
permitted by § 174. 10., provided the
(b) Setback from right-of-way. display surface area meets the following:
Setback shall be a minimum of
15 feet from street right-of-way. ( 1 ) RSF Districts. Prohibited on
individual lots.
(c) Setback from Adjoining
property. Setback shall be a (2) A and P Districts. The display
minimum of 25 feet from the surface area shall not exceed 32
boundary of any adjoining square feet.
property.
(3) RMF, RT and R-O Districts. The
(F) P Districts. One Freestanding signs sign display surface shall not exceed 16
or bulletin board may be erected. square feet.
(G)Area signs. (4) C and I Districts. The display
surface area shall not exceed the
(1) Size/location. The size and location maximum permitted by § 174. 10.
of the fence, wall, or other structure
which will contain the area (Code 1965, § 1713-9; Ord. No. 1893, 12- 19-
identification sign must be approved 72; Ord. No. 3008, 5- 1 -84; Ord. No. 3029,
by the Planning Division, who will 8-21 -84; Ord. No. 3294, 9- 15-87; Code
approve such structure upon the 1991 , § 158.47; Ord. No. 4100, §2 (Ex. A),
criterion of traffic safety sight lines. 6-16-98); Ord. No. 4226, 2- 15-00)
(a) Areas with more than one Sec. 174.11 . Projecting signs.
entrance may not have a sign at
more than two locations. (A) Sidewalks. It shall be unlawful to erect
any projecting sign that projects from the
(b) An area sign with display on one wall of a building upon which it is
side located on each side of an erected a distance of more than two-
entrance street may be thirds of the width of the sidewalk (in
substituted for a single sign with those instances where there is a sidewalk
display on both sides. next to the building) or within two feet
of street right-of-way (in those instances
(2) Display surface area. where there is no sidewalk next to the
(a) A. P, R. and R-O Districts. building); provided, no projecting sign
• Display area shall not exceed 32 shall project more than six (6) feet from
square feet.
CDrt4:1 t
the wall of the building upon which it is (1 ) Single tenant. Where a building
erected. houses only one business, a
maximum of four (4) wall signs may
(B) Location. Projecting signs shall be be placed on one wall, but no more
located on the vertical surface of a than four (4) wall signs may be
building and shall not be higher than the placed on the building.
eave or rafter line, whichever is higher. (2) Multiple tenants. Where a building
Projecting signs shall clear grade level houses more than one (1 ) business,
below the sign by a minimum of eight wall signs shall be limited in number
(8) feet. to one (1) wall sign per business on
each wall with a limit of four (4)
(C) Displaying surface area. The display wall signs per business per building.
surface area of a projecting sign shall not
exceed 16 square feet. Only one (1 ) (C) Display surface area. ,
projecting sign per business shall be
permitted and a projecting sign shall not (1 ) All signs. The display surface area
be permitted on property which has a of all wall signs on any one wall
freestanding sign. shall not exceed 150 square feet or
20% of the area of the wall on which
(D) off-site. Off-site projecting signs shall they are located, whichever is
be prohibited in all zoning districts. greater.
(E) On-site. On-site projecting signs shall be (2) Multiple tenants. In the event a
prohibited in R-A, RSF, RT and RO building which houses multiple
zoning districts. tenants does not front on the street or
highway from which principal access
(Code 1965, § 17B-10; Ord. No. 1893, 12- to the building is obtained, the
19-72; Ord. No. 2255, 7-20-76; Code 1991 , display surface area of each sign on a
§ 158.48; Ord. No. 4100, §2 (Ex. A.), 6-16- wall shall not exceed 150 square feet
98) or 20% of the area of the wall and
the display surface area of all wall
Sec. 174.12. Wall signs. signs on the wall facing said street or
(A)Projection. highway shall not exceed the area of
the wall.
(1) General. Wall signs shall not project
more than 18 inches from the surface (D) Off-site wall signs. Off-site wall signs
upon which they are mounted. shall be prohibited in all zoning districts.
(2) Mansard roof. The upper edge of a (E) Limitations in residential zoning
wall sign mounted on a mansard roof districts. In R and R-O zoning districts,
may project more than 18 inches so the following limitations shall apply:
long as the sign is perpendicular to
the ground. (1) Number of signs. Limit of one on-
(B) Number of signs. site wall sign per business per
building; provided, when a building
abuts more than one street, the limit
CD174:12
TITLE XV. UNIFIED DEVELOPMENT ORDINANCE
• shall be one on-site wall sign per
business per building for each wall
which faces an abutting street.
(2) Display surface area. Display
surfaces shall not exceed 16 square
feet.
(Code 1965, § 17B-11 ; Ord. No. 1893, 12-
19-72; Ord. No. 2309, 2- 15-77; Ord. No.
3217, 10-21 -86; Ord. No. 3294, 9- 15-87;
Code 1991 , § 158.49; Ord. No. 4100, §2 (Ex.
A), 6- 16-98)
Cross reference(s)--Boards and
Commissions, Ch. 33, General Provisions,
Ch. 150; Definitions, Ch. 151 ; Enforcement,
Ch. 153; Appeals, Ch. 155; Variances, Ch.
156; Fees, Ch. 159.
(Ord. No. 4226, 2- 15-00)
• Secs. 174.13,-174,99, Reserved.
•
CD174:13
Krr wlwAMs, cm ATTORNEY
DAVID WWTAKER, ASST. CITY ATTORNEY
LEGAL DEPARTMENT
TO: Tim Conklin, Director Community Planning & Engineering Services
Dawn Warrick, Zoning & Development Administrator
FROM: Kit Williams, City Attorney
DATE: May 15, 2003
RE: City Attorney's Draft of Amended Sign Ordinance
Throughout my draft, deleted language has been lined eta and added
language has been italicized. I changed the names of zoning districts and
titles of administrator throughout the Chapter and made other minor
• grammatical changes not specifically noted herein. Below are the major
changes by section:
9174.01. Deleted (E) Privilege.
§174.02 Permit ApplicatiorVIssuance (A) Application - Rewrote and
expanded (A) (8) to ensure ordinance did not give overbroad discretion to
city official issuing permit.
(B) Issuance - made issuance automatic if administrator does not
reject application in writing with reason for rejection within two business
days to ensure promptness requirement of Constitution.
•